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11/15/1994 - City Council RegularREGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING November 15, 1994 6:30 P.N. I. II. IV. f). I A. V. B. P•,s c. D. faatp: AL G. p.3I H. p0 I. r,42.J. q3 K. S� P• N. r:,3, ��•J'� T. mu. k AGENDA 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) 6:30 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) 6:35 - VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) AUTHORIZE WATER SHUT-OFF, Meter Change -over Program 6:55 - CONSENT AGENDA (PINK) PERSONNEL ITEMS LICENSES, Plumbers FINDINGS OF FACT for denial of Vantage Pointe Preliminary Subdivision RESOLUTION, Grant Application to PCA for Fish Lake CHANGE ORDER #4, Contract 93-16, Lexington-Diffley FINAL PAYMENT, Contract 93-03, Pond B.P.-4 Modifications PREPARE PLANS AND SPECIFICATIONS, Contract 94-19, Water Quality Improvement Projects (Ponds JP -14, JP -5 and LP -32) LIQUOR LICENSE RENEWALS: On -sale Liquor, Off -sale Liquor, On -sale Club, Wine, On -sale Beer, Off -Sale Beer MASSAGE THERAPIST LICENSES: Peter Dietzler, Jerilynn (Gigi) Hicks - Decker OFF -SALE BEER LICENSES, Twin Cities Stores, Inc., for Three Fina Locations CONTRACT 94-07, Acknowledge Completion/Authorize Final Payment, Police Building Excavation PROJECT 638R, Approve No Parking Resolution, Yankee Doodle Road from Lexington to East of T.H. 149 APPROVAL - Deloitte & Touche Engagement Letter for Audit and Arbitrage Rebate Services SPECIAL USE PERMIT to sell Christmas trees, Eagan Evangelical Covenant Church APPROVAL, Grant Application for GIS Proposal AMENDMENT TO MINUTES of October 4, 1994 City Council Meeting CHANGE ORDERS, Police Facility/Municipal Center Expansion CONTRACT 94-18, Receive Bids/Award Contract, 1995 Sealcoat Aggregate SPECIAL HUNTING PERMIT, Timothy R. Michels SPECIAL HUNTING PERMITS (2), Craeg A. Nolan SPECIAL HUNTING PERMIT, Maureen K. Steltz RECEIVE ASSESSMENT ROLL/ORDER PUBLIC HEARING, Delinquent Weed Cutting and Miscellaneous Bills PROJECT 673, Approve Right -of -Entry Agreement (Red Pine Lane - Finch Property) IX. 'fort B. 7:00 - PUBLIC HEARINGS (SALMON) FINAL ASSESSMENT HEARING, Project 648, Woodlands North 3rd Addi- tion/Trails End Road Streets & Utilities OLD BIISINESS (ORCHID) CONSIDER ACQUISITION of Holz Farm NEW BUSINESS (TAN) REZONING, Signature Properties, Inc., NW Quarter of Section 21, and PRELIMINARY SUBDIVISION, Lentschs Deerwood Pointe FINAL PLANNED DEVELOPMENT, Red Robin Restaurant, CONDITIONAL USE PERMIT, Town Centre 100 Fifteenth Addition - Red Robin International to allow liquor, 3.2 beer or wine; PRELIMINARY PLAT, NE Quarter of Section 15; and VARIANCE to parking stall width ADDITIONAL ITEMS (GOLD) PROJECT 679, Consider Authorization to prepare Feasibility Report, West Lone Oak Road Storm Sewer PROJECT 673, Consider Request to Finance Temporary Storm Sewer (Red Pine Lane - Pines Edge Addition) X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) %I. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) %III. ADJOURNMENT The City of Eagan Is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: FROM: DATE: SUBJECT: HONORABLE MAYOR AND CITY COUNCILMEMBERS CITY ADMINISTRATOR HEDGES NOVEMBER 9, 1994 AGENDA INFORMATION MEMO FOR THE NOVEMBER 15, 1994 CITY COUNCIL MEETING OPT AGENDA/APPROVE MINUTES After approval is given to the November 15, 1994 City Council agenda, the regular meeting minutes for the November 1, 1994 City Council meeting and special City Council minutes for November 1, 1994, the following items are in order for consideration. DEPART111T:IE?BUSINESS ............................................................................................... ................................................................................................ A. PUBLIC WORKS Item 1. Authorize Water Shut-off, Meter Change -over Program --Due to the holiday weekend, information was not available on this item at the time of packet preparation. Consequently, this item will be included in the Additional Information packet on Monday. Agenda Information Memo November 15, 1994 City Council Meeting .ONS iJi:�%ti^:+•iiiiiii:�iiiiiiiJv% There are twenty-three (23) 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. Clerical Technician III/Parks & Recreation --Interviews for this position are scheduled for Monday afternoon, November 14, 1994. The interview panel will consist of Director of Parks & Recreation Vraa, Superintendent of Recreation Peterson, Parks & Recreation Secretary Mesko and Assistant to the City Administrator Duffy. We anticipate having a recommendation for hire to give to the Council either with the Administrative Agenda packet on Monday or at the actual City Council meeting on Tuesday, November 15. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a person to be recommended as a Clerical Technician III in the Parks & Recreation Department. Item 2. Temporary Administrative Intern --After interviews, it is the recommendation of City Administrator Hedges and Assistants to the City Administrator Duffy and Hohenstein that Robert Rys be hired as the temporary Administrative Intern. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Robert Rys as the temporary Administrative Intern. Item 3. Temporary Planning Intern --After interviews, it is the recommendation of City Planner Sturm that Matt Glaesman be hired as a temporary Planning Intern in the Community Development Department. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Matt Glaesman as a temporary Planning Intern. Item 4. Part -Time Cable Telecasters—After interviews, it is the recommendation of Cable Coordinator Reardon that James Blair, Joseph Lawrence and Jeff Zimmerman be hired as part-time cable telecasters. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of James Blair, Joseph Lawrence and Jeff Zimmerman as part-time cable telecasters. Agenda Information Memo November 15, 1994 City Council Meeting Item 5. Part -Time Clerical Technician III (Parks & Recreation/Resignation—The City of Eagan has received a letter of resignation from Nancy Hammel, part-time Clerical Technician III in the Parks & Recreation Department. At this time, the Director of Parks & Recreation does not recommend filling the position. Other alternatives are being studied for providing the necessary services to the department on a fluctuating time schedule need. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Nancy Hammel, part-time Clerical Technician III in the Parks & Recreation Department. 3 Agenda Information Memo November 15, 1994 City Council Meeting PLUMBERS LICENSES B. Licenses, Plumbers --The City Code requires that plumbing contractors operating within the City be licensed on at least an annual basis. There are three plumbing contractors, to be licensed at this time. They are Gilbertson Plumbing & Heating, The Plumbing Place, Inc. and Valley -Rich Company, Inc. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses for Gilbertson Plumbing & Heating, The Plumbing Place, Inc. and Valley -Rich Company, Inc., as presented. Agenda Information Memo November 15, 1994 City Council Meeting FINDINGS OF FACT/VANTAGE POINTE PRELIMINARY SUBDIVISION C. Findings of Fact for denial of Vantage Pointe Preliminary Subdivision --In official action at the November 1, 1994 City Council meeting, the City Attorney was directed to provide findings of fact to the Council for denial of the Vantage Pointe subdivision. Attached on pages (f through 7 is a copy of that findings of fact. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the findings of fact for the denial of Vantage Pointe preliminary subdivision. SWT BY 11-10-94 ; 2:21PM ;SEVERSON WILCOX SHa-i 612 681 4612;# 2/ 3 CITY 01 E3GU M2BOLUTI09T O. 199t - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAGAN DENYING THE PRELIMINARY SUBDIVISION, KNOWN AS VANTAGE POINT, OF LAND LOCATED APPROXIMATELY 650 FEET WEST OF LEXINGTON WAY ALONG THE SOUTH SIDE OF DIFFLEY ROAD IN THE SES OF SECTION 27, TOWNSHIP 27 NORTH, RANGE 23 WEST, DAKOTA COUNTY, MINNESOTA. Reno and Karen Caponi submitted applications requesting: (i) a rezoning from Agricultural to R-1; and (ii) a preliminary subdivision of eleven (11) lots for Vantage Point, for property which is located approximately 650 west of Lexington Way along the south side of Dittley Road in the SEk of Section 27, Township 27 North, Range 23 West, City of Eagan, Dakota County, Minnesota. This matter came before the Advisory Planning Commission on )lay 24, 1994, and August 23, 1994, with discussion primarily focusing on the rezoning of the property. The Eagan City Council, on September 20, 1994, approved the rezoning to R-1. The City Council, at that time, directed the applicants to provide an evaluation for the feasibility of access to the subdivision coming directly off Diffley Road. On October 25, 1994, the Advisory Planning Commission recommended approval of the preliminary plat, subject to the nine conditions as listed in the Planning Commission meeting minutes of that same date. The motion was passed on a vote of S aye and 2 no. The preliminary subdivision application was considered by the City Council on November 1, 1994 and based on all the files, records and proceedings the City Council finds as follows: 1. That the applicants have the burden of meeting the City's requirement that the preliminary subdivision not impose health, safety or welfare problems. 2. That applicants presently access their property to Diffley Road through the use of a 16 -foot wide driveway easement which crosses land owned by the City and designated for use as a City park. 3. That increased access for ingress and egress from the proposed subdivision through the City park will cause en increased burden upon the park and its facilities. a-94% 612 432 3780 11-10-94 03:25PM P002 #25 SENT BY: 11-10-94 ; 2:21PM ;SEVERSON WILCOX SHEL-, 612 681 4612;# 3/ 3 4. That access through the park would limit the flexibility of the City with respect to the long-term use of the park. 5. That the proposed cul-de-sac, with access through the park, is longer than that permitted by City ordinance without variance. . 6. That access through the City park (Lexington Park) for an eleven -lot subdivision is not desirable and will cause confusion amongst park users and residents, in that traffic will enter the subdivision without notice that there is no access to Diffley Road. 7. That an eleven (11) lot subdivision adjacent to the City park with the attendant noise, lighting and traffic from the use of the park property is undesirable and would cause the proposed subdivision to be more susceptible to deterioration. 8. That accessing the proposed subdivision through park property will require higher priority snow plowing and road and street maintenance of park property by the City than would be required otherwise. 9. That the applicants have failed to meet their burden of proof, especially since other reasonable and suitable access is available directly to Diffley Road. Based on the foregoing, the City Council of the City of Eagan, Dakota County, Minnesota, hereby denies the application of Remo and Karen Caponi for an eleven (11) lot preliminary subdivision approval known as Vantage Point, Dakota County, Minnesota. Dated: , 1994. Motion made by: Seconded by: 7 10094% 612 432 3780 11-10-94 03:25PM P003 #25 Agenda Information Memo November 15, 1994 City Council Meeting FISH LAKE GRANT APPLICATION D. Resolution, Grant Application to PCA for Fish Lake --Enclosed on pages 9 through jt is a memorandum from the Parks and Recreation Department relative to the Minnesota Pollution Control Agency grant application for water quality improvements at Fish Lake The memorandum covers an executive summary of the project on pages through ( and a copy of the resolution necessary to submit the application fortis funding round. As noted in the memorandum, additional information can be forwarded to the Council at a later date. It is necessary to move forward with the resolution to permit the application to be submitted in this funding cycle. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution identifying a project representative and authorizing a project implementation grant for the water quality of Fish Lake as presented. TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: AUTHORIZATION TO APPLY FOR FINANCIAL ASSISTANCE FOR FISH LAKE WATER QUALITY IMPROVEMENT; APPROVAL OF ATTACHED RESOLUTION DATE: NOVEMBER 8, 1994 Background Under the guidance of the Advisory Parks, Recreation, and Natural Resources Commission and the Fish Lake Steering Committee, staff recently completed a detailed implementation plan to improve water quality in Fish Lake. At their August 15, 1994 meeting, the Commission unanimously endorsed the implementation plan. The information packet prepared for the August 15 Commission meeting is attached. A draft of the strategy was submitted in August to the MN Pollution Control Agency for review and approval, and the Agency is expected to respond within the next two weeks. The City Council has not yet had a chance to review and endorse the Fish Lake Implementation Plan. Staff did not intend to present the full strategy to the Council for approval until after MnPCA comments were received and incorporated. However, the application deadline for the current financial assistance cycle is November 30, 1994. Staff proposes to submit a financial assistance application for the current funding cycle so that if financial assistance is secured, implementation of the project could begin next spring. After review of the report by the MnPCA is completed, staff intends to present the plan to the Council for approval in December. In the event that the Council does not approve the plan, the City has the option of withdrawing its financial assistance application for this funding cycle. For the Council's information, an Executive Summary of the draft report is attached. We also wanted to point out that in past years, only grants have been offered through the Cleanwater Partnership Program and competition has been fierce. This year, the program is offering for the first time zero interest loans and grant/loan combinations in addition to straight grants. Staff will attempt to maximize the portion of the project funded by grants before loans are considered. 9 Council Action Requested Staff is requesting approval from the City Council to apply for financial assistance from the Minnesota Pollution Control Agency's (MnPCA) Cleanwater Partnership Program to help fund implementation of a lake rehabilitation project for Fish Lake. The attached resolution is a required portion of the application and should be adopted •y the Council if they support the application. 4.4 irector Rich Brasch, Water Resources Coordinator cc. Tom Colbert (O EXECUTIVE SUMMARY INTRODUCTION Fish Lake is located in SW 1/4 Section 15 T 27N R 23W within the city of Eagan, Minnesota. Like many of the lakes in this physiographic region, Fish Lake is a kettle lake. Kettle lakes were created when glaciers scooped out shallow depressions in till that was deposited in the moraines. Such topographic variation is common throughout the city. Within the last 20 years, Eagan Township has undergone a transition in land use from a largely rural setting dominated by agricultural and open land to an urban setting dominated by residential and commercial land uses. This trend accelerated during the 1980's, when Eagan's population more than doubled from just over 20,000 in 1980 to more than 47,000 in 1990. Currently, the City's population is estimated at 53,000 and is expected to reach 70,000-75,000 at ultimate development. Prior to most of this development, Fish Lake had a maximum depth of 25 feet, a surface area of approximately 18 acres, and a reputation for excellent water clarity throughout the summer. In 1971, the first storm sewer discharging to Fish Lake was built to provide drainage for a small residential area around the lake and in 1983, the lake was incorporated into the storm trunk system. In April 1980, an outlet was installed in Fish Lake that increased the maximum depth of the lake to 33 feet and the surface area to 29 acres. As a result of these and later projects, the contributing watershed of Fish Lake has expanded from about 120 acres in 1963 to its current size of just under 3,000 acres. In April 1990, the Eagan City Council officially adopted a water quality management plan that articulated a community -supported strategy to deal with the effects of urbanization on the quality of many of the 350 lakes, ponds, and wetlands within the City limits. The strategy focused on the control of the aquatic plant nutrient phosphorus as a means of managing in -lake water quality. Plan implementation is being vigorously pursued in response to the growing concern of Eagan residents and public officials over the degradation of water quality in the city's lakes and ponds. Fish Lake was one of only six lakes in the entire city to be assigned Class I status. Class I status designates those lakes intended to have sufficiently good future water quality to support direct contact recreation, such as swimming. The plan also ranked Fish lake third on a list -of 30 long-term lake enhancement priorities for the City. During the lake use classification effort, water quality goals were set to quantify the key physical and chemical parameters indicative of the desired water quality. The key parameters used were total phosphorus, Secchi disk depth, chlorophyll -a, and minimum epilimnetic dissolved oxygen. During the summers of 1991 and 1992, intensive lake sampling was conducted to profile water quality in these as well as other lakes in Eagan. These data indicate that Fish Lake now fails to meet two key parameters indicative of the desired water quality. Of greatest concern are the total phosphorus values because of their function as an indicator of "potential" trophic status of the lake (MPCA 1990). Heavy macrophyte growths, dominated by the exotic Potamogeton crispus, are also a problem. A fishing pier and a public boat access have been constructed on Fish Lake, and a developed City park occupies much of the northeast shoreline of the lake. As the deepest lake in the City's park system, Fish Lake will be the focal point of the City's cooperative effort with DNR to provide good quality local sport fishing opportunities for Eagan residents. City and state investment in Fish Lake will exceed $500,000. Yet the eutrophication of the lake is threatening that investment. Additionally, the intrinsic value of the lake resource itself has been compromised. Fish Lake is a unique and valuable community and regional resource that must be protected to help meet the growing demand for water-based recreation and aesthetic enjoyment. In 1991 and 1992, the city of Eagan submitted applications to the Clean Water Partnership Program in an effort to secure grant funds to help finance a diagnostic feasibility study (D/FS) and implementation plan for Fish Lake. Although project scoring indicated that the proposed project work plan was sound, neither application was ranked high enough to receive funding. Because of the City's interest in implementing its water quality management plan and the characteristically long lead time between initiation of project data collection efforts and the realization of tangible improvements in the quality of the resource for a project like this, the City elected to complete a Phase I study for Fish Lake without grant support. The Phase I study design was developed and implemented according to the work plan included in the most recent project application, which was in turn based on MPCA guidance documents for Phase I studies. The intent of the City is to prepare a D/FS and implementation plan for Fish Lake that meets Phase I requirements, then apply for grant funds to help defray the cost of implementing the plan elements. A number of entities other than city of Eagan water resources staff participated in the completion of this Phase I project. The Gun Club Lake Watershed Management Organization conducted a project to determine the pollutant removal efficiencies of two important detention basins in the Fish Lake watershed during the spring and summer of 1993. The DNR also conducted a fisheries population survey for Fish Lake in June 1993. The citizens lake monitoring program volunteer for Fish Lake collected water clarity and recreational use suitability information throughout the 1993 recreation season. The consulting firm of Montgomery Watson was hired to assist the City in analyzing data and writing the reports. Finally, a steering committee composed of the City's Advisory Parks, Recreation, and Natural Resources Commission members as well as the CLMP volunteer for Fish Lake provided overall guidance for the project, especially in the selection of elements for the implementation plan. DIAGNOSTIC STUDY Following the intensive water quality monitoring program conducted from November 1992 through October 1993, a complete diagnostic analysis of the lake was performed. The important findings of this analysis include: 1. Fish lake experiences nuisance -level blooms of algae during the summer. Chlorophyll -a concentrations during the 1993 growing season averaged 39 and 34 µg/1 for the east and west basin, respectively. According to MPCA (1990), blooms of this magnitude .place the lakes in the highest 20% of lakes in the North Central Hardwoods Forest ecoregion. In addition, blooms during the growing season were dominated by blue-green algal forms which likely contribute little positive benefit to the lake's ecology and are known to produce toxins that are harmful to warm blooded animals. The exotic macrophyte Potamogeton crispus became established in the lake sometime between 1978 and 1988 and now dominates the macrophyte community through the early and into the middle portion of the recreational season. The growths are dense and interfere with recreational use of the lake for swimming, canoeing, and fishing. In addition, the midseason dieback which characterizes these species is suspected of causing "shock -loads" of nutrients which may help sustain "(3 blue-green algal populations during the remainder of the season. This macrophyte -has also become established in at least one upstream pond. 3. Historical water quality data indicate that Fish Lake was mesotrophic as late as the early 1980s, with representative total phosphorus values of 20-40 µg/1 during the growing season. Since then, the lake's water quality has deteriorated significantly and is more reflective of eutrophic to marginally hypereutrophic conditions. Summertime total phosphorus concentrations during the monitoring year were 91 and 74 µg/1 in the east and west basins, respectively. 4. As a result of urban development and the installation and expansion of the storm sewer system to drain developed areas in Eagan, the contributing watershed of Fish Lake has expanded from approximately 120 acres in 1963 to its present size of 3,000 acres. In addition, the dominant land uses in the watershed have changed from open undeveloped and agricultural to residential. 5. Fish Lake has a short hydraulic residence time which will decrease further as development in the watershed continues. The residence time under existing conditions and normal precipitation is approximately 79 days. Under future development conditions, the residence time will decrease to 57 days. 6. Algal productivity appears to be limited by phosphorus for all but about six weeks during the growing season. During this period of time, the lake appears to be colimited by phosphorus and nitrogen. 7. Over half the total phosphorus loading to Fish Lake enters the lake through the main branch of the city storm sewer system. The load enters at a flow -weighted mean concentration of 142 µg/1. The portion of the watershed draining directly to Fish Lake contributes a high load per unit area, but a relatively small component of the total load entering Fish Lake. Internal loading caused by intermittent stratification and mixing in the shallow east basin of Fish Lake appeared to contribute almost 13% of the total phosphorus load to the lake during the monitoring year. 8. About 80% of the monitored TP and SRP loading occurred during the spring - summer period (March through August). The main branch of the storm sewer E-4 14 contributed about 55% of the TP and 45% of the SRP during this period. Summer 4'P and SRP loading for the monitored year are probably higher than normal due to the increased runoff. However, even under average precipitation conditions, most of the TP and SRP loading occurs during the spring -summer period. IMPARED USES AND PROJECT GOALS As a result of these eutrophic-hypereutrophic conditions, the suitability of the lake to support desired uses is impaired. A brief summary of how those uses are impaired is presented below: 1. Swimming and general aesthetics. Public perception of the general aesthetic characteristics of the lake is important since much of the east and north shoreline of the lake is a city -owned public park that provides trail access along the shoreline and to the lake. While there are no public beach facilities on the lake, the lake is occasionally used for swimming by shoreland residents. Water quality data collected during the study appear to present a mixed picture with regard to the suitability of the lake for swimming and general aesthetic appeal. The recreation season average TSI -SD values for the west and east basin of 53.6 and 54.4, respectively are better than the recommended TSI -SD value of 59 recommended by Heiskary and Wilson (1990) for full support of swimming for lakes in the North Central Hardwood Forest ecoregion. However, the summer average total phosphorus concentrations of 73.8 and 91.3 µg/1 in the west and east basin, respectively significantly exceed the 55 µg/1 maximum recommended to even partially support swimming. In addition, summertime average chlorophyll -a concentrations (33.8 µg/1 in the west basin and 38.9 µg/1 in the east basin) exceed the 30 µg/1 "severe nuisance" condition identified by Walmsley (1984) and algal populations are dominated throughout the recreation season by blue-green forms that are potentially toxic. The conclusion is that Fish Lake water quality is not adequate to meet the criteria for partial support of swimming or favorable user perception as defined by Heiskary and Wilson (1990). 2. Fisheries. The eutrophic conditions found in Fish Lake also impair fisheries. The growing season average total phosphorus value of 91.3 µg/1 in the east basin is well above both the median and mean values of 48 µg/1 and 72 µg/1, respectively, for bass/panfish lakes in the North Central Hardwood Forest ecoregion (Heiskary and E-5 f J Wilson 1990). The west basin's average summertime phosphorus value of 73.8 pg/1 is significantly above the ecoregion median value and slightly above the mean value. Fortunately, both TP values are well below the median value of 13014/1 and mean value of 18014/1 that characterize rough fish lakes in the region. However, the phytoplankton population is dominated by blue-green algal forms which are generally of low value for supporting that portion of the aquatic food web that results in greater production of planktivores like bluegills and crappies and piscivores such as bass. In addition, dense macrophyte growth may be at least somewhat responsible for the high numbers of stunted panfish found by MDNR in their 1993 fisheries survey. Finally, prolific plant production in the lake and the oxygen demand exerted by seasonal die -backs makes necessary almost continuous operation of a pump and baffle aerator on Fish Lake during January and February. Without winter aeration, successful winter carryover of bass and panfish populations would be difficult. Spawning conditions in Fish Lake are considered good by the MDNR for bass and panfish and fair for northern pike (Jahr, personal communication, 1994). 3. Canoeing and boating. No gasoline powered boats are allowed on Fish Lake. Tbe lake is, however, used by canoeists and fisherman with boats. Heavy recreation season macrophyte growth which reaches the surface in the east bay interferes with boat and canoe access to the deeper macrophyte-free areas of the lake. Historical data, though scarce, suggest that Fish Lake has experienced a significant decrease in transparency and an increase in epilimnetic total phosphorus concentration over the last 12 years. The "no action" alternative would mean that Fish Lake will experience additional degradation in water quality in succeeding years. Thus, some level of management action is warranted. The approach proposed to establish in -lake water quality goals for Fish Lake is a phased approach. Given the changes that have already occurred in the watershed and the small volume of the lake, it appears unrealistic to expect that the lake could be returned to predevelopment conditions (mean growing season (TP) of 25-30 14/1). Rather, the first phase goal for improving water quality in Fish Lake will be to achieve a growing season mean epilimnetic TP concentration of 50-55 µg/1. For average precipitation conditions, TP loading to the lake would need to be reduced by 130-160 kg/year under existing watershed E6 1(e development conditions and 170-200 kg/year for future development conditions. This magnitude reduction may be realistic in average and low flow years but may be unrealistic in some high flow years. While such a change may not be noticeable to the public in terms of mean transparency, it should be noticeable in terms of decreased frequency and duration of algal blooms. The lake response model predicts that the frequency of severe nuisance algal blooms (chlorophyll -a >30 p.g/1) will decrease on average from 50% to between 30% and 25% of the recreation season. In addition, it is expected that the composition of the algal population will shift away from dominance by blue-green forms, implying a decrease in the incidence of objectionable algal scum. As well, a shift away from blue-green algal dominance should be of general ecological benefit to the lake's game fish population, since other algal species will likely contribute to productivity that results in pan fish and game fish production. Additional first phase management goals for Fish Lake include a reduction in the area of the lake dominated by curly leaf pond weed to no more than 20% of the lake surface area and promotion of shoreline management practices that protect water quality, stabilize the shoreline, and provide fish and wildlife habitat. The second phase goal will be to reduce in -lake TP levels to under 5014/1 during low and average flow years. Heiskary and Wilson (1990) report that reductions in in -lake phosphorus levels to less than 50 14/1 are necessary if full or partial support of direct contact recreation activities is to be achieved. The measurable improvements in water quality (as measured by water clarity and chlorophyll -a) that occur below total phosphorus concentrations of 50 p.g/1 will provide great incentive for using other management practices once the first phase goal is reached. Development of a strategy to achieve the second phase goal, however, will be dependent on a post -project assessment of the effectiveness of implementation plan elements for phase one and on the practicality and cost of additional remedial measures. Therefore, action to outline a strategy to achieve the second phase goal would occur after the Phase I project is completed and its impact evaluated. FEASIBILITY STUDY Numerous remedial alternatives were evaluated with respect to their potential to affect these goals. Selection of elements for the implementation plan were based on criteria approved by the Fish Lake Steering Committee. These criteria included benefit to the recreational suitability and aesthetics of Fish Lake, technical feasibility, cost, and social acceptability. Most of the alternatives were chosen for evaluation because of their potential for reducing the phosphorus loading to the lake. Phosphorus load reduction benefits were modeled E-7 '44°.? using the PONDNET model developed in the Diagnostic Study. The technical feasibility of the remedial alternatives was evaluated through the engineering judgment of the City staff and the City's consultant. Cost estimates were also developed by City staff and the City's consultant. A cost -benefit analysis was performed using the "annual cost method," which is a present value analysis modified to account for varying life spans of the alternatives. Social acceptability was determined through a series of public meetings with watershed residents. The plan development process incorporated input from many elements of the community. The project was initiated based on the high priority of Fish Lake in the City's overall long- term lake enhancement program as outlined in the Eagan Water Quality Management Plan. The plan itself was subject to extensive public review prior to its adoption in April 1990 by the Eagan City Council. The rationale for initiation of the project was reviewed and endorsed by the Advisory Parks, Recreation, and Natural Resources Commission (APRNRC), a 10 -member board composed of City residents and appointed by the City Council to advise it on natural resource management matters. The Commission in turn appointed the Fish Lake Steering Committee to provide guidance to staff in the development of the Feasibility Study and Implementation Plan. This committee was made up of three members of the APRNRC and another resident of Eagan who is both a shoreland owner on Fish Lake and a Citizen Lake Monitoring Program volunteer. The Fish Lake Steering Committee met four times to provide guidance to staff. In addition, two widely advertised public information meetings were held in March and July 1994 to provide information and solicit input on possible implementation elements. The APRNRC was also briefed on three different occasions regarding the progress of the plan's development. The implementation plan elements were reviewed and endorsed by the Commission at its August 1994 meeting and the Implementation Plan, along with the complete Diagnostic/Feasibility Study will be presented to the City Council for approval. Finally, various elements of the plan have also been reviewed with the DNR area fisheries manager, the Dakota County Soil and Water Conservation District, and a joint MPCA/DNR task force developing permit criteria for continuous chemical treatment of stormwater. The remedial alternatives that were selected for implementation are given below. E-8 (� SELECTED REMEDIAL ALTERNATIVES FOR FISH LAKE Public Education Alum Injection System JP -15 Bypass Sediment Sealing Street Sweeping Evaluation of Lawn Chemical Regulatory Program Detention Basin Management Program Shoreland Management/Aquascaping Aquatic Plant Management The proposed implementation schedule has been developed for a four-year project duration beginning in the spring of 1995. Funding for the Fish Lake Implementation Plan will be a combination of cash and in-kind labor contributions with a 50% grant match. The total project budget is $403,685 adjusted for inflation. The grant match will cover $201,840. The local share will include a total in-kind labor contribution of $125,475 and a cash contribution of $76,370. 9i� CITY OF EAGAN RESOLUTION IDENTIFYING PROJECT REPRESENTATIVE AND AUTHORIZING A PROJECT IMPLEMENTATION GRANT AND/OR LOAN APPLICATION BE IT RESOLVED by the Eagan City Council, that it hereby designates Rich Brasch, Water Resource Coordinator, as the Project Representative for the proposed Fish lake Clean Water Partnership Phase II - Project Implementation Grant and/or Loan. The Project Representative shall have the authority to represent the City of Eagan in all matters that do not specifically require action by the Eagan City Council. The Minnesota Pollution Control Agency (MPCA) shall direct Clean Water Partnership Application correspondence to the Project Representative and shall consider correspondence from and actions taken by the Project Representative to be that of the Eagan City Council. BE IT FURTHER RESOLVED by the Eagan City Council, that the Project Representative designated above is hereby authorized to submit to the MPCA a Clean Water Partnership Phase II - Project Implementation Grand and/or Loan application for the Fish lake Project. BE IT FURTHER RESOLVED by the Eagan City Council, that the total project cost of the Fish Lake Phase II Project is expected to be S403,685. The City of Eagan would be responsible for the total project costs with the assistance from any contributing sponsors as detailed in Part V of the application. A Grant, if awarded, could provide up to fifty percent (50%) of the total project costs. A Loan could cover all or part of the total project costs and could be used to match all or part of a Grant. BE IT FURTHER RESOLVED by the Eagan City Council, that submittal of an application does not obligate the City of Eagan to accept a Grant and/or Loan if so offered. RESOLUTION INTRODUCED BY: RESOLUTION SECONDED BY: VOTE ON RESOLUTION: WHEREUPON the above resolution was adopted at the (Authorized Signature) (Date) (Title) (Attested to By) (Date) (Title) 0 Meeting of the Eagan City Council. CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of . 1994. Diesvaalsa312 EJ. VanOverbeke, City Clerk City of Eagan Agenda Information Memo November 15, 1994 City Council Meeting LEXINGTON/DIFFLEY PARK IMPROVEMENT CHANGE ORDER E. Change Order #4, Contract 93-16, Lexington/Diffley Athletic Site—Enclosed on page is a memorandum from the Parks and Recreation Department covering proposed Change Order #4 for this project. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #4 in the amount of $1,495 for Contract 93-16, Lexington/Diffley Athletic Site. MEMO city of eagan DATE: NOVEMBER 8, 1994 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: CHANGE ORDER #4 CONTRACT 93-16 LEXINGTON/DIFFLEY ATHLETIC SITE Change Order #4 in the amount of $1,495 covers the addition of rip rap 12 inches deep over geo fabric material grouted into place to correct water overflow and erosion problems by storm water inlets. The change order revises the total contract to $806,837.01. KV:cm 93-16/chgord.4 03 Agenda Information Memo November 15, 1994 City Council Meeting FINAL PAYMENT/ACCEPTANCE/POND BP -4 F. Final Payment, Contract 93-03, Pond BP -4 Modifications --Enclosed on page„,/is a memorandum concerning final payment and acceptance of water quality improvements for Pond BP -4. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize final payment and accept water improvement work for Pond BP -4 under Contract 93-03, as presented. 2 4 MEMO city of eagan DATE: NOVEMBER 8, 1994 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: FINAL PAYMENT AND ACCEPTANCE OF WORK FOR POND BP -4 CONTRACT 93-03 The project consisted of water quality improvements to Pond BP -4 located north of Diffley Road, east of the Wenzel Addition. The contractor has substantially completed the work and has complied with the plans and specifications as prepared within the contract. Staff is recommending final payment and acceptance of Contract 93-03. KV:cm c2193-03pay.fnl aS Agenda Information Memo November 15, 1994 City Council Meeting PLANS AND SPECIFICATIONS/WATER QUALITY IMPROVEMENT PROJECTS G. Prepare Plans and Specifications, Contract 94-19, Water Quality Improvement Projects (Ponds JP -14 and JP -5) --Enclosed on pages?throughDis a memorandum from the Parks and Recreation Department regarding proposed water quality improvements for Ponds JP -5 and JP -14 in the Fish Lake water shed area. Staff is requesting authorization to prepare plans and specifications for these water quality improvements. For additional information relative to this item, please refer to the staff report. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize preparation of plans and specifications for Contract 94-19, water quality improvement projects for ponds JP -14 and JP -5 as presented. TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR DEPARTMENT OF PARKS AND RECREATION RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: REQUEST FOR CITY COUNCIL AUTHORIZATION TO PREPARE SPECIFICATIONS AND BID DOCUMENTS FOR 1994/95 WATER QUALITY IMPROVEMENT PROJECTS (CONTRACT 94-19) DATE: NOVEMBER 7, 1994 Background At their October 4, 1994 meeting, the City Council authorized preparation of specifications and bid documents for two capital improvements projects that are part of the water quality improvement plan for Schwanz Lake in Trapp Farm Park. Staff is now requesting approval to proceed with two more water quality improvement projects that will reduce pollutant loadings to other recreational water bodies identified in the City Water Quality Management Plan. The estimated capital cost for these two projects is just under $60,000 and both are included in the five year capital improvements program for stormwater utilities. Each will be financed by the stormwater utility expansion/modification budget, including developer dedications. If the Council approves this request, staff intend to conclude meetings with residents during the week of November 21, approach the Council in early December for approval to advertise for bids, and request award of the contract to do the work at the December 20 Council meeting. The actual construction work would be accomplished between January and April, 1994 and site restoration would conclude during early summer. The Advisory Parks, Recreation, and Natural Resources Commission has reviewed each of the project proposals at different times throughout the last year and has voted to recommend that the City pursue the recommended actions. The two projects are described below. Fish Lake Outflow Bypass and Excavation of Pond JP -5 Pond JP -5 is located between Fish Lake and Blackhawk Lake just east of Interstate 35E (Map 1). This project would involve construction of a siphon to rout clean outflows from Fish Lake through Pond JP -5 directly to Blackhawk Lake. In addition, Pond JP -5 would be excavated to provide better treatment of direct runoff from the Interstate 35E right-of-way and adjacent residential developments. The cost-effectiveness of this proposal is very good and is expected to result in a substantial reduction in pollutant loading to Blackhawk Lake, one of the City's highest priority water bodies. 027 A conceptual plan for this project was reviewed and approved by the City Council at its April 5, 1994 meeting. The estimated cost of the constructing the bypass and excavating Pond JP -5 is about $45,000. Modification of Pond JP -14 Pond JP -14 is located in the Fish Lake watershed southwest of the intersection of Trails End Road and Elrene Road (Map 2). It is classified as a nutrient trap in the City's Water Quality Management Plan. Increasing the effective wet pond volume of this pond was identified as a potential water quality mitigation measure for the Woodlands 4th Addition because topographic constraints precluded construction of an on-site detention basin. A cash dedication in lieu of on-site ponding was collected for this development as a result. Staff plans to increase the wet pond volume of Pond JP -14 through a combination of modification of the inlet and/or raising the normal water elevation of the pond. The later option could affect a Williams Pipeline easement, so staff is working to determine what constraint this poses to the later option. The estimated combined cost of both options is $11,750. The benefited water is Pond JP -31, a wildlife habitat pond located in Mueller Farm Park. The Advisory Parks, Recreation, and Natural Resources Commission reviewed and recommended approval of this project at it's October 17, 1994 meeting. Requested Council Action Staff requests Council approval to proceed with the preparation of specifications and bid documents for modifications to Pond JP -5 and Pond JP -1 . Ken Vraa, Di ector Rich Brasch, Water Resources Coordinator cc. Tom Colbert . Map ] U.S. - SE C DP -6 CL. V CL. IV ACK PARK P-4 C L. V 10-z CL. VI L.S.-7 4" 4 CP -12 CL. Val TOWN CENTRE l0 -r CP -6 CL VI BP -1.2 CL VII JP— CL: Pond JP -5 am iv vole:- Is sr 11.1 0 IIP #‘0i•. ii- �',17 rta -,Ili.. �..0 11- gran so 192 !rift§ . mfr. aaaau■ enii Nauss : t■a ia�t'.. : /•.auu_-L1u■ . L.VII JOHN BP BP=25 BrP-`4� TRICK EAGAt, PARK ADDITION.-• -12 _ As mg A NMliar.ir__ .t -flirle- { tailigiii EP -t4 R cam .!�.+.i_ . = .- 111111 • Inr�..�liiiiiiilllIkiiilliiii111 LS -3O a iac - rarwi■m,.ipmeMilafartIrattaini _ IIMM-y.ra ■u -1 ar�r1■nr ? II11DIII1V NEI S. P SER DP -13 CL. V ‘Z 11 GP -3 - CL. VI DP -1I CL. VI UP_ Isr A001" :�ilaaNa-2_,:v -II 'iFlii, ii�.4kNi<� a- it+ i %'•1''1 MI _riliwkoatiormy4, uuN91111111• S.:11/ � L.V1 . CL. V NM �--�inmlt�U, -- a•�� rTv.. ♦ _ -- —11114, 1111- •4.i 'i :1/1U1 . -- - *._ i L!_I11t/mo �* --��/11111■r1/11\i�i� a•+ • miniq �e1111111t11111■ aka�f■ibil• 111w11i10 /uua,4 1 1171 ti Li V RK 11 J. Ps\ ••$.iJ .•- L. t �.-• • • , i •Yocio�; �y i.! • 1� r`� i'� oiv ,.fit . - 31•1 !ly� ��Ofrifiiw �'i. 1110 �•-.?sive BLISMI � lei, trill rtl±lt.0a: i :/11* Igo%ui..• •�•• .t/ am. r l� ,„ift -iii :.-vv ♦♦ O.isly...�. Pigg P--•?-at= �►/ -r ,% v , /�/�vV�.r-li I �f, tztio.:Itivaillratrir 4 iiiwtitilii -fel. • . qui 4 rikikalli V fr": s; 4.'S ..� A&r lo P14 rems 4•4��.� . els_vogirr 11.41 allreSteliiir•rikaii,..,44;w L. VII R 2416- YOR A Agenda Information Memo November 15, 1994 City Council Meeting LIQUOR LICENSE RENEWALS H. Liquor License Renewals, On -Sale Liquor Off -Sale Liu , On -Sale Club, Wine, On - Sale Beer, Off -Sale Beer --Enclosed on pages j24hrough is a memorandum from the Finance Department covering the categones of liquor cense outlined above. The applications are pending review by the Police Department. If the police identify any reason to withhold any of the licenses, that will be communicated to the Council with Additional Information on Monday. In all other respects, these licenses are in order for consideration by Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the liquor license renewals for on -sale liquor, off -sale liquor, on -sale club, wine, on -sale beer and off -sale beer, as presented. 31 November 7, 1994 TO: CITY ADMINISTRATOR HEDGES FROM:ADMINISTRATIVE ASSISTANT WITT RE: 1995 LIQUOR LICENSE RENEWALS Attached are the 1995 liquor license renewals which include: Off -sale liquor On -sale liquor & Club Wine On -sale beer Off -sale beer These renewal applications have not yet been reviewed by the Eagan Police Department. The Council could approve them subject to completion of the application process and favorable review by the Police Department. Activity in 1994 Off -sale liquor. Blackhawk Liquors, Inc. liquor license was approved bringing the total of off -sale licenses to 7. On -sale liquor and club. Other than management changes at Holiday Inn, the on -sale licenses remain at 14 and the one club license is carried by Lost Spur Country Club. Wine. The Hoban Korean restaurant is the only new wine licensee. There are 10 wine licenses and 4 have opted to have strong beer. On -sale beer. There are 18 on -sale beer licenses with Hoban Korean restaurant added in '94. Off -sale beer. There are 20 renewal applications for off -sale beer. Twin Cities Stores, Inc. hasspurchased the three Fina stations and has applied to sell beer at these locations. The original applications will probably be on the November 15 agenda as well. These will cover the November - December, 1994 timet frame. We are seeking approval for 1994 and 1995 for these three stores. 1995 Renewals OFF -SALE LIOUOR Lic.# Applebaum Companies, Inc. dba Big Top Wines & Spirits 3900 Beau D'Rue Dr. Eagan, MN 55122 Perrier & Associates, Inc. dba Great Northern Spirits David Perrier, Owner 1960 Cliff Lake Rd. 1101. Eagan, MN 55122 Kenny's Enterprises, Inc. dba Kenny's Liquor 1444 Yankee Doodle Rd. Eagan, MN 55122 Liquor Shoppe, Inc. of Eagan dba Liquor Shoppe of Eagan Greg Ward, Owner 4250 Lexington Ave. So. Eagan, MN 55122 Spirits of Eagan, Inc. dba MGM Warehouse John Teslaw, Partner 4182 Pilot Knob Rd. Eagan, MN 55122 Sidco, Inc. dba Big Top Wines & Spirits 1282 Town Centre Dr. Eagan, MN 55123 Blackhawk Liquors, Inc. dba Blackhawk Liquor Asmita Patel, Owner 4130 Blackhawk Rd. 1100 Eagan, MN 55122 63 1995 RENEWALS ON -SALE LIOUOR Lic. 1 Al Bakers Al Baker 3434 Washington Dr. Eagan, MN 55122 454-9000 Apple America Ltd. Ptnshp. Applebee's Neighborhood Bar & Grill 1335 Town Centre Dr. Eagan, MN 55123 686-7022 Cedarvale Bowl, Inc. Cedarvale Lanes/Fitz's Bar & Grill Michael Henke, Mgr. 3883 Beau D'Rue Dr. Eagan, MN 55122 452-7520 Casper's Cherokee Sirloin Room, Eagan, Inc. Cherokee Sirloin Room Richard Casper, Owner 4625 Nicols Rd. Eagan, MN 55122 454-6744 Chili's of Minnesota, Inc. Chili's Southwest Bar & Grill 3625 Pilot Knob Rd. Eagan, MN 55122 686-5152 Cliff Corporation J. Doolittles Lynn Reimer, owner 2140 Cliff Rd. Eagan, MN 55122 452-6627 Dougherty's Robert Dougherty, owner 1312 Town Center Dr. Eagan, MN 55123 681-1570 Eagan Airport Hotel Assoc. Holiday Inn 2700 Pilot Knob Rd. Eagan, MN 55121 454-3434 Cuz, Inc. LaFonda de los lobos Otis Trujillo, Owner 3665 Sibley Memorial Hwy. Eagan, MN 55122 452-0334 Mediterranean Cruise Hussein Ansari, Owner 3945 Sibley Memorial Hwy. Eagan, MN 55122 452-5991 West Jersey Associates, Inc. Richards Joyce Slattery, Owner 4185 So. Robert Tr. Eagan, MN 55123 452-3061 Hall & Convention Center Royal Cliff Brian Mangine, Owner. 2280 Cliff Rd. Eagan, MN 55122 895-1174 Starks I, Inc. Starks Saloon Gary Stark, Owner 3125 Dodd Rd. Eagan, MN 55121 454-8251 Latt, Inc. Valley Lounge James Tousignant, Owner 3385 Sibley Memorial Hwy. Eagan, MN 55122 454-2760 1C Spur, Inc. Lost Spur Country Club 2750 Sibley Memorial Hwy. Eagan, MN 55121 454-2330 1995 Renewal CLUB ON -SALE 3S 1995 RENEWALS WINE LICENSES Lic. # Chungs, Inc. dba Anna Chungs Restaurant 1960 Cliff Lake Rd. Suite 116 Eagan, MN 55122 454-8543 Apples Plus, Inc. dba Apples Pat Boland, Owner 1260 Town Centre Dr. Eagan, MN 55123 683-9195 Fratelli Tre, Inc. dba Carbone's Pizzeria 1665 Yankee Doodle Rd. Eagan, MN 55122 452-6000 Davanni's Inc. Davanni's Pizza & Hot Hoagies 1980 Cliff Lake Rd. Eagan, MN 55122 688-6111 Young T. Lim Hoban Korean Restaurant 1989 Silver Bell Rd. Eagan, MN 55122 688-3447 3� Diamond T Ranch, Inc. dba Diamond T Ranch 4889 Pilot Knob Rd. Eagan, MN 55122 454-1464 Chung Wong, Inc. dba Hong Wong Restaurant 2139 Cliff Rd. Eagan, MN 55122 452-0086 FHF, Inc. dba Hunan Garden 1304 Town Centre Dr. Eagan, MN 55123 452-0905 James A. Basta dba Italian Pie Shoppe/Winery 1438 Yankee Doodle Rd. Eagan, MN 55122 452-4525 Village House II, Inc. Que Viet Tony Bui, Owner 1272 Town Centre Dr. Eagan, MN 55123 452-5618 Lk # Changs, Inc.* dba Anna Chungs 1960 Cliff Lake Rd. #116 Eagan, MN 55122 454-8543 Apples Plus, Inc." dba Apples Restaurant 1260 Town Centre Dr. Favla, MN 55123 683-9145 FrateIG Tre, Inc.** dba Carbone's Pizzeria 1665 Yankee Doodle Rd. Eagan, MN 55122 452-6000 Carriage Hills Country Club William Smith, Owner 3535 Wescott Hills Dr. Eagan, MN 55123 452-7211 Davanni's, Inc.•• dba Davanni's Pizza/Hot Hoagies 1980 Cliff Lake Rd. Fagan, MN 55122 688-6111 Diamond T. Ranch Inc.' dba Diamond T Ranch 4889 Piot Knob Rd. Eagan, MN 55122 454-1464 Dragon Palace Restaurant Lee Fo Len, Owner 1466 Yankee Doodle Rd. Eagan, MN 55122 454-4493 1995 RENEWALS ON -SALE BEER Chung Wong, Inc.• dba Hong Wong Restaurant 2139 Cliff Rd. Eagan, MN 55122 452-0086 FHF, Inc.* dba Hunan Garden 1304 Town Centre Dr. Eagan, MN 55123 452-0905 James A. Basta" dba Italian Pie Shoppe/Winery 1438 Yankee Doodle Rd. Eagan, MN 55122 452-4525 Parkview Golf Club Don Larsen, Owner 1310 Cliff Rd. Fagan, MN 55123 452-5098 Piccolo's Patricia Boudreau 4162 Pilot Knob Rd. Eagan, MN 55122 454-1212 Pizza Hut of America, Inc. dba Pizza Hut #401025 2130 Cliff Rd. Eagan, MN 55122 452-8088 Pizza Hut of America, Inc. dba Pizza Hut #401023 1325 Town Centre Dr. Eagan, MN 55123 688-2665 31 *Also has wine license • •Also has strong beer license Q Burger Nancy Rieser, Owner 1428 Yankee Doodle Rd. Eagan, MN 55122 452-1473 Village House IP Que Viet 1272 Town Centre Eagan, MN 55123 452-5618 West End Hunting Club Mark Steinhoff 535 Gun Club Rd. Rosemount, MN 55068 423-2429 Hoban Korean * Restaurant Young T. Lim 1989 Silver Bell Eagan, MN 55122 688-3447 1995 RENEWALS OFF -SALE BEER Lic. # 17 Gateway Foods, Inc. dba Brooks Superette #43 3390 Coachman Rd. Eagan, MN 55121 688-2001 20 Super Valu Stores, Inc. dba CUB 1940 Cliff Lake Rd. Eagan, MN 55122 454-4606 21 Crown CoCo, Inc. dba Eagan E -Z Stop 4195 Nicols Rd. Eagan, MN 55122 452-9309 19 Holiday Stationstore, Inc. dba Holiday Stationstore #232 4595 Nicols Rd. Eagan, MN 55122 22 Holiday Stationstore, Inc. dba Holiday Stationstore #247 3615 Pilot Knob Rd. Eagan, MN 55122 8 PDQ Food Stores of MN, Inc. dba PDQ #287 1969 Silver Bell Rd. Eagan, MN 55122 9 PDQ Food Stores of MN, Inc. dba PDQ #214 4198 Pilot Knob Rd. Eagan, MN 55122 452-5846 14 Gateway Foods, Inc. dba Rainbow Foods, Inc. 1276 Town Centre Dr. Eagan, MN 55123 452-9506 12 Hussein Ansari dba Cedarvale Texaco Food Mkt 3830 Sibley Memorial Highway Eagan, MN 55122 681-1488 38 5 Birch Bru, Inc. dba Superamerica #4049 4200 Sibley Mem Hwy Burnsville, MN 55337 6 Superamerica #4182 1406 Yankee Doodle Rd. Eagan, MN 55122 452-9853 7 Birch Bru, Inc dba Superamerica #4464 2250 Cliff Rd. Eagan, MN 55122 16 Superamerica #4335 1379 Town Centre Dr. Eagan, MN 55123 688-2870 13 Tom Thumb Food Market dba Tom Thumb #259 2125 Cliff Rd. Eagan, MN 55122 454-4868 18 Tom Thumb #273 1815 Diffley Rd. Eagan, MN 55122 688-8614 11 Tom Thumb #166 1446 Yankee Doodle Rd. Eagan, MN 55122 452-4874 15 Total Petroleum #2685 2000 Rahncliff Eagan, MN 55122 452-1632 2 Twin Cities Stores, Inc. #594 1286 Lone Oak Rd. 3 Twin Cities Stores #576 3150 Dodd Road 4 Twin Cities Stores #590 4250 Lexington Ave. S. Eagan, MN 55123 Agenda Information Memo November 15, 1994 City Council Meeting MASSAGE THERAPIST LICENSES I. Massage Therapist Licenses, Peter Dietzler, Jerilynn (Gigi) Hicks -Decker --Enclosed without page number are applications for massage therapist licenses for the persons referenced above. Mr. Dietzler will be practicing at Lifetime Fitness, a previously licensed facility and Ms. Decker will be continuing her practice at the Care Chiropractic Health and Resource Center. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the massage therapist licenses for Peter Dietzler and Jerilynn (Gigi) Hicks-Decker,�/as presented. Correspondence/Care Chiropractic --Enclosed on pages T 0 through( is a copy of correspondence from Gigi Decker, Executive Director of Massage Yerapy at Care Chiropractice, 3390 Coachman Road. Ms. Decker is requesting that the City Council direct its staff to review additional changes to the Massage Therapy Ordinance. It is recommended that the City Council pull this item and provide the appropriate staff direction as to whether the additional language changes should be given further consideration. It would be appropriate to direct staff to meet with Ms. Decker and review the issues raised in her correspondence and report back to the City Council, if an amendment to the ordinance is appropriate. _,9 ARE HIROPRACTIC Health and Resource Center Jean Brown Wetterlin, D.C. November 4, 1994 Tom Hedges, City Administrator Eagan City Offices 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Dear Mr. Hedges: James Sheldon suggested I contact you regarding a few additional changes to the Eagan massage therapy ordinance. As you may know, several amendments were made during the October 4th council meeting. Most of these changes were made at the request of the Eagan Massage Therapy Cooperative, a voluntary organization of legitimate massage therapists interested in the future of this ordinance (among other things). What would be the appropriate steps to take, at this point, to get the following additional changes achieved: 1. Get the two clauses (Subd.5.C.3&4) moved to Subd.3, Prohibited Operations. These clauses are neither respectful or necessary in regards to legitimate massage therapy, but are appropriate in the restriction of prostitution -type establishments. It is my understanding that prostitution is a prohibited profession in Eagan, therefore, all language pertaining to prostitution should be listed under Subd.3. 2. Insert a clause that would allow the therapist to perform massage outside the licensed premises, for the purpose of bringing massage therapy to the ill and disabled, to the corporate setting (i.e. clothed seated massages), and to professionals constrained by time who request legitimate massage therapy in their home. Sandra Masin, at the October 4th council meeting, stated she would like to have a therapeutic massage done in her home. Currently the Eagan ordinance does not allow for therapeutic massage outside the "licensed premises". Although I do not know how other communities regulate this (I could not find any examples to send you from other ordinances), I might suggest a restriction that at least 750 of the therapist's business be performed "on the licensed premises". 3390 Coachman Rd. • ( At Yankee Doodle & Coachman Rd. ) Eagan, Minnesota 55121 I n • Phone (612) 452-4220 3. Add a provision that would allow license reciprocity between neighboring communities. DeeAnn Johnson (of Lifetime Fitness) suggested this at the October 4th Council meeting, and I thought I heard responses from the Council that made this provision seem like a possibility. Currently, therapists must get a license for each city they work in, and pay the respective fees in each city. This can get to be very expensive, especially considering that legitimate massage therapists don't make a lot of money. I have never seen a provision like this, but maybe the cities within Dakota County can have a reciprocity agreement, and set a precedent. I have heard that statewide licensure would actually take care of this issue, but I have also heard that is at least a few years away. Please let me know what would be most helpful to your office to take care of these last few ideas. I appreciate all of your help in these matters. Sincerely, Gigi 1.'Decker, NCMT, EA Executive Director of Massage Therapy cc: Police Chief, Pat Geagan goigioLdoc 3390 Coachman Rd. • (At Yankee Doodle & Coachman Rd. ) Eagan, Minnesota 55121 • Phone (612) 452-4220 �I Agenda Information Memo November 15, 1994 City Council Meeting OFF -SALE BEER LICENSES/FINA STORES J. Off -Sale Beer Licenses, Twin City Stores, Inc., for Three Fina locations --Enclosed without page number are copies of applications received of Twin City Stores, Inc., for Fina locations in the City of Eagan at 3150 Dodd Road, 4250 Lexington Avenue South and 1286 Lone Oak Road. These applications are being reviewed by the Police Department. If the police identify any reason to not approve these licenses, that will be communicated to the Council with Additional Information on Monday. Pending police review, these applications are in order for consideration by the City Council in all other respects. ACTION TO BE CONSIDERED ON THIS ITEM: To approve off -sale beer licenses for Twin City Stores, Inc., for Fina stores located at 3150 Dodd Road, 4250 Lexington Avenue South and 1286 Lone Oak Road, as presented. La Agenda Information Memo November 15, 1994 ACKNOWLEDGE COMPLETION/AUTHORIZE FINAL PYMT (POLICE BLDG - EXCAVATION) K. Contract 94-07, Acknowledge Completion/Authorize Final Payment (Police Building - Excavation) --Phase I of the Municipal Center expansion project provided for the excavation of the basement and miscellaneous grading to accommodate the Public Safety (Police Department) addition. All work associated with this contract has been completed, reviewed by representatives of the Public Works Department and found to be in compliance with the City authorized plans and specifications. Based on a request received from the contractor, the staff is requesting that the Council formally acknowledge completion of this contract and authorize final payment. ACTION TO BE CONSIDERED ON THIS ITEM: Acknowledge completion and authorize final payment of Contract 94-07 (Phase I Public Safety Building - Excavation) and authorize the 2nd and Final Payment to Imperial Developers in the amount of $10,769.79 and accept said improvements subject to appropriate warranty conditions. NO PARKING RESOLUTION - YANKEE DOODLE ROAD L Project 638R, Approve No Parking Resolution (Yankee Doodle Road - Lexington Avenue to East of TH 149) --In order to receive State Aid funds to help finance the upgrading of County Road 28 (Yankee Doodle oa ), it is necessary for the City to formally pass the Resolution enclosed on page restricting any on -street parking based on the final design not providing a designated arking lane. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a Resolution restricting parking on both sides of County Road 28 (Yankee Doodle Road) from Lexington Avenue to east of TH 149 and authorize the Mayor and City Clerk to execute said Resolution. 4 3 RESOLUTION RELATING TO PARKING RESTRICTIONS ON MSAP 195-112-03 (CP 28-12), County Road No. 28 (Yankee Doodle Road) from County Road 43 (Lexington Avenue) to 850' East of TH 149 In the City of Eagan, MN THIS RESOLUTION, passed this day of , 19 , by the City of Eagan in Dakota County, MN. The Municipal Corporation shall hereinafter be called the City, WITNESSETH: WHEREAS, the City and Dakota County have planned the improvement of County Road 28 from County Road 43 (Lexington Avenue) to 850' East of TH 149 and, WHEREAS, the City will be expending State Aid Funds on the improvement of this highway and, WHEREAS, this improvement does not provide adequate width for parking on both sides of the road; and approval of the proposed construction as a State Aid Highway project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS THEREBY RESOLVED: That the City shall ban the parking of motor vehicles on both sides of County Road 28 between County Road 43 (Lexington Avenue) and 850' east of TH 149 at all times. Dated this day of ATTEST: City Clerk CERTIFICATION ,19 Thomas Egan, Mayor 1, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, MN, do hereby certify that the foregoing Resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, MN, in a regular meeting therefore assembled this day of , 1994. L44 Agenda Information Memo November 15, 1994 City Council Meeting APPROVAL/DELOITTE & TOUCHE ENGAGEMENT LETTER FOR AUDIT AND ARBITRAGE REBATE SERVICES M. Approval of Deloitte & Touche Engagement Letter for Audit and Arbitrage Rebate Services for the Year Ending December 31, 1994 --The City's auditing firm, Deloitte & Touche, has prepared an engagement letter to cover auditing and arbitrage rebate calculation services for the City for the year ending December 31, 1994. Current City policy covering the selection of an auditing firm requires a Request for Proposal process covering a three (3) year period with up to three (3) one year annual extensions, if approved by the City Council. The last three (3) year RFP covered the years ending December 31, 1989, 1990 and 1991. The proposal which is attached as pages G through 53 covers the third one (1) year extension. The proposal is consistent wit previous services and is comparable to other cities of similar size and complexity. The proposed fee for auditing services (excluding arbitrage rebate calculations) for the year ending December 31, 1994 is $32,750. This compares favorably to the 1993 actual of $31,200. We expect that a single audit of federal program funds will be required which will cost an additional $2,500 - 3,000. The comparable 1993 fee was $2,755. Staff is recommending acceptance of the proposal by the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Deloitte & Touche as the independent auditors and providers of arbitrage rebate calculation services for the year ended December 31, 1993 per the terms of the engagement letter. Deloitte & Touche LLP October 17, 1994 The Honorable Mayor and Members of the City Council Eagan, Minnesota Dear Mayor and City Council Members: 400 One Financial Plaza Telephone: (612) 397-4000 120 South Sixth Street Facsimile: (612) 397-4450 Minneapolis, Minnesota 55402-1844 We are pleased to serve as independent accountants and auditors for the City of Eagan (the City). Mr. Jeff Radunz, Lead Client Service Partner, will be responsible for all services we perform for you. It will be the responsibility of Mr. Radunz to make sure that your management receives quality service. He will, as considered necessary, call upon other individuals with specialized knowledge, either in this office or elsewhere in our firm. He will be assisted by Mr. Eric Rangen, Audit Partner, and Mr. David Edson, Manager, in the performance of our services. While auditing and reporting on your annual general purpose financial statements are to be the recurring basic services we provide, we would also like to assist you on issues as they arise throughout the year. Hence, we hope that you will call Mr. Radunz whenever you feel we can be of assistance. This Letter sets forth our understanding of the terms and objectives of our engagement, the nature and scope of the services we will provide, and the related fee arrangements. We will audit the City's: • General Purpose Financial Statements as of and for the year ending December 31, 1994 • Schedule of Federal Financial Assistance • Compliance with laws and regulations related to federal financial assistance and those stated in the Minnesota Legal Compliance Audit Guide for Local Governments Our audit.will be conducted in accordance with the following standards: • Generally accepted auditing standards • Government Auditing Standards, issued by the Comptroller General of the United States DelojtteToudie To matsu International '4 CI The Honorable Mayor and Members of the City Council October 17, 1994 Page 2 • Office of Management and Budget (OMB) Circular A-128, Audits of State and Local Governments, dated April 12, 1985. The objectives of an audit carried out in accordance with these standards and regulations are 1) the expression of our opinion concerning whether the financial statements present fairly, in all material respects, the financial position, results of operations, and cash flows of the City in conformity with generally accepted accounting principles, 2) whether the schedule of federal financial assistance is presented fairly in relation to the financial statements taken as whole, 3) the reporting on our determination whether the internal control structure provides reasonable assurance of compliance with federal and other laws and regulations; and 4) the expression of an opinion on whether the City complied with specific terms and conditions of its federal award programs. Our audit will include tests of the accounting records of the City and such other procedures as we consider necessary to enable us to render the following reports: • Opinion on whether the City's financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles • Report on the internal control structure related to our audit of the financial statements • Report on compliance with laws and regulations with which noncompliance may be material to the financial statements • Report on the schedule of federal awards • Report on compliance with general requirements of federal awards • Report on compliance with specific program requirements related to nonmajor federal award transactions selected for testing In addition, we will render a report on illegal acts and a report on findings and questioned costs, as required, depending on the results of our audit procedures. The management of the City Ls responsible for establishing and maintaining an internal control structure. To fulfill this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs for internal control structure to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may, nevertheless, occur and The Honorable Mayor and Members of the City Council October 17, 1994 Page 3 not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. As part of our audit, we will consider the City's internal control structure and assess control risk, as required by generally accepted auditing standards, for the purpose of establishing a basis for determining the nature, timing, and extent of auditing procedures necessary for expressing our opinion concerning the financial statements and not to provide assurance on the internal control structure. The report on our understanding of the City's internal control structure and the assessment of control risk made as part of the financial statement audit will include 1) the scope of our work in obtaining an understanding of the internal control structure and in assessing the control risk; 2) the City's significant internal controls or control structure, including the controls established to ensure compliance with laws and regulations that have a material impact on the financial statements; and 3) the reportable conditions, including the identification of material weaknesses identified as a result of our work in understanding and assessing the control risk. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements and the schedule of federal financial assistance; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. Management is also responsible for compliance with laws, regulations, contracts, and grants, and for establishing and maintaining an internal control structure to assure such compliance with federal award requirements. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with certain provisions of laws, regulations, contracts, and grants. However, our objective is not to provide an opinion on overall compliance with such provisions. As part of our audit of compliance with the general requirements of federal financial assistance, we will obtain an understanding of the City's internal control structure related to administering federal financial assistance programs, and we will assess control risk, as required by OMB Circular A-128, for the purpose of establishing the nature, timing, and extent of auditing procedures necessary for expressing our opinion concerning compliance with laws and regulations related to federal awards and for expressing positive assurance as to items tested and negative assurance as to items not tested for general compliance requirements. L(8 The Honorable Mayor and Members of the City Council October 17, 1994 Page 4 As required by OMB Circular A-128, our audit will also include tests of transactions related to federal assistance programs for compliance with applicable laws and regulations. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention and will include such matters in the reports required for an audit in accordance with OMB Circular A-128. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that arise during any later periods for which we have not been engaged as auditors and for which we have performed no auditing procedures. Similarly, in performing our audit we will be aware of the possibility that illegal acts may have occurred. However, it should be recognized that our audit provides no assurance that illegal acts generally will be detected and only reasonable assurance that illegal acts having a direct and material effect on the determination of financial statements amounts will be detected. Our auditing procedures will include tests of documentary evidence supporting the transactions recorded in the accounts and may include direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagements, and they may bill you for responding to this inquiry. It is our understanding that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of appropriate accounting principles, and the safeguarding of assets. As required by Government Auditing Standards, our report on our tests of compliance with applicable laws and regulations related to our audit of the financial statements will contain a statement of positive assurance on those items that were tested for compliance, negative assurance on those items not tested, and a description of all material instances of noncompliance. As required by OMB Circular A-128, our report on compliance, with regard to transactions selected from nonmajor programs and with our procedures related to general requirements of federal awards, will contain a statement of positive and negative assurance, as discussed above. `i9 The Honorable Mayor and Members of the City Council October 17, 1994 Page 5 Because, in addition to our report on the financial statements, the scope of the engagement includes an audit in accordance with Government Auditing Standards and the requirements of OMB Circular A-128, our reports on compliance with laws and regulations, including legal compliance and reports on your systems of internal control, may be accompanied by observations (findings) on your compliance or on your systems of internal control and a schedule of questioned costs, if the results of our audit procedures require such observations or questioned costs. If any observations or findings are reported to you, you must provide a written correction action plan under the requirements of the OMB Circular A-128. Our audit is not specifically designed and cannot be relied on to disclose all reportable conditions (that is, significant deficiencies in the design or operation of the internal control structure). However, during the audit, if we become aware of such reportable conditions that affect the finandal internal control systems or of ways that we believe management practices can be improved, we will communicate them to you in a separate letter. It is our practice to discuss all comments, if appropriate, with the level of management responsible for matters prior to their communication to the City Council. At the conclusion of the audit, we will request the City's management to provide us a representation letter that, among other things, will confirm management's responsibility for the preparation of the finandal statements in conformity with generally accepted accounting principles, the availability of finandal records and related data, the completeness and availability of all minutes of board of directors (and committee) meetings, the absence of irregularities involving management or those employees who have significant roles in the control structure and, further, to confirm management's responsibility for compliance with laws and regulations, applicable to federal finandal assistance programs. We understand that our reports on the internal control structure as part of the finandal statement audit and on compliance with laws and regulations are intended for the information of management and others within the City. As required by Government Auditing Standards and OMB Circular A-128, we will maintain the working papers for a minimum of three years from the date of our reports. These working papers will be made available to representatives of the cognizant audit agency (or its designee), other government audit staffs, and/or the United States General Accounting Office upon their request and after they have properly notified you of their request to review the working papers. Audit Timing: We plan to perform our interim field work in January 1995, and our final field work is scheduled to begin on March 27, 1995. Final report drafts will be available for review with management in early May 1995. We expect to attend a City Council meeting in early June 1995 to present the finandal statements. SD The Honorable Mayor and Members of the City Coundl October 17, 1994 Page 6 Professional Fees: Our fees are based on the amount of time required at various levels of responsibility, plus actual out-of-pocket expenses (travel, typing, report production, etc.). We estimate that our total fees for the audit, including management letter, compliance tests, and reporting thereon in accordance with the Minnesota Legal Compliance Audit Guide for Local Governments and presentation to the City Council, including out-of-pocket expenses, will be $32,750. Our comparable fee for the 1993 audit was $31,200. We have quoted rates for recurring audit services for which we can reasonably estimate the time required to render services. These estimates assume that we will receive a comparable level of audit support as in 1993. The above fee estimate does not include procedures associated with a single audit of federal program funds. It appears that such procedures will be necessary for the year ending December 31, 1994. Such additional fee estimate will be provided based on the number of federal programs and the nature of such programs. Normally, such procedures encompass approximately 40 to 45 hours of professional service time and would be expected to range in price from 32,500 to $3,000. Our comparable fee for such services in 1993 was 32,755. It is our policy to request no additional fees for budget overruns unless such overruns are due to extensions of work requested by the City or because of circumstances not within our control. In these situations, we would discuss the condition with management prior to incurring any additional time. It is our desire to closely control audit time and fees. This is best accomplished by good communication with your personnel during the planning phase of the audit. This allows us to jointly determine requirements, assign tasks, and minimize overlapping and duplicative work. Tax Services: As requested, Deloitte & Touche up will calculate the arbitrage rebate amount, if any, and will issue an arbitrage rebate report for the following bond issues with the following estimated fees: Bond Issue Estimate 39,325,000 General Obligation Improvement Bonds, Series 1989A (includes preparation and review of Form 8038-T for the rebate payment due at the end of the five-year computation period) 3 1,500 35,250,000 General Obligation Improvement Bonds, Series 1990B 1,200 35,460,000 General Obligation Improvement Refunding Bonds, Series 1992A 1,200 33,540,000 General Obligation Improvement Bonds, Series 1992B 1,200 The Honorable Mayor and Members of the City Council October 17, 1994 Page 7 In addition, Deloitte & Touche up will read the following bond issue documents to ensure that they are in compliance with the Escrow Account Investment Proceeds section of their respective Arbitrage Certificates and will issue a report for each issue with the following estimated fees: Bond Issue Estimate $1,220,000 General Obligation Refunding Improvement Bonds, Series 1990D $ 0-400 $3,290,000 General Obligation Improvement Refunding Bonds, Series 1991A 0-400 $2,440,000 General Obligation Park and Recreation Refunding Bonds, Series 1991B 0-400 $7,275,000 General Obligation Water Revenue Refunding Bonds, Series 1993B 0-400 $1,285,000 General Obligation Fire Facilities Refunding Bonds, Series 1993C 0-400 $950,000 General Obligation Improvement Refunding Bonds, Series 1993D 0-400 Our fees for tax services are based on our best estimate of the charges you will incur provided we receive complete information from you. Any research that may be required during the course of our engagement will be billed separately. You will be notified in advance if we think it is necessary to research an issue. Any additional charges will be billed at our usual standard rates. In addition, in connection with our audit of the City's 1994 financial statements, we will perform certain procedures (e.g., inquiries) to ascertain that no significant changes on the arbitrage rebate status exists for the following bonds: • $1,850,000 General Obligation Facilities Bonds, Series 1988B • $9,300,000 General Obligation Revenue Water System Bonds, Series 1990A • 5250,000 General Obligation Equipment Certificates of Indebtedness, Series 1990C • $600,000 General Obligation Equipment Certificate of Indebtedness, Series 1991C • $400,000 General Obligation Equipment Certificate of Indebtedness, Series.1992C • $325,000 General Obligation Equipment Certificate of Indebtedness, Series 1993A The above fee estimate was based on current bonds issued. If additional debt is issued in 1994, a separate fee estimate for the new bond issues will be provided. The Honorable Mayor and Members of the City Council October 17, 1994 Page 8 We appreciate the opportunity to continue to provide professional services to the City. If the above terms are acceptable to you and the services outlined are in accordance with your understanding, please sign the copy of this letter and return it to us. If you have any questions, please call Mr. Jeff Radunz at 397-4222. Yours truly, Accepted on behalf of the City Council by: Signature Date Ltr Agenda Information Memo November 15, 1994 City Council Meeting SPECIAL USE PERMIT/EAGAN EVANGELICAL COVENANT CHURCH N. Special Use Permit to sell Christmas trees, Eagan Evangelical Covenant Church—Eagan Covenant Church is requesting a special use permit to allow temporary Chris_ t9.as tree sale on their parking lot. The staff report on this item is enclosed on pages _ct rough S4 ACTION TO BE CONSIDERED ON THIS ITEM: To approve a special use permit for the sale of Christmas trees for Eagan Covenant Church subject to three conditions set forth in the staff report. c.1 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 4, 1994 CASE #: 23 -SP -18-11-94 APPLICANT: Eagan Covenant Church HEARING DATE: November 15, 1994 PROPERTY OWNER: Eagan Evangelical PREPARED BY: Marilyn Wucherpfennig Covenant Church REQUEST: Special Use Permit LOCATION: Lot 1, Block 1, Eagan Evangelical Covenant Church COMPREHENSIVE PLAN: PF (Public Facility) ZONING: PF (Public Facility) SUMMARY OF REQUEST: Eagan Covenant Church has submitted an application requesting a Special Use Permit to allow temporary Christmas tree sales on their parking lot. BACKGROUND/HISTORY: This will be the first year the applicant has sold Christmas trees. The applicant would begin set up on November 16, 1994 with tree sales starting on November 25, 1994. Lighting will be halogen and incandescent lights with every effort to direct light away from the traffic on Lexington Avenue. The sales operation tear down and clean-up will be completed by December 31, 1994. The hours of operation will be as follows: Monday -Friday 10:00 am - 9:00 pm Saturday & Sunday 8:00 am - 9:00 pm SUMMARY/CONCLUSION: If approved, this Special Use Permit shall be subject to the following: 1. The permit is temporary and shall expire January 1, 1995. 2. All signage will require a sign permit and be subject to the one-time sign fee of $2.50/sq.ft. 3. The permit shall be subject to all applicable Code requirements. iii 10 .4C Agenda Information Memo November 15, 1994 City Council Meeting APPROVAL/GIS GRANT APPLICATION O. Approval, Grant Application for GIS Proposal—The Dakota County Economic Department Partnership has put forth a cooperative GIS/Economic Development Information System proposal. They are requesting a commitment from its member cities to endorse this grant application for the project from the Minnesota Board of Government, Innovation and Cooperation Service<► 4 g Grant Program. The staff report evaluating this proposal is enclosed on pages through _fez. The Partnership is essentially proposing that the cities in Dakota County collaborate in developing a GIS Information System. By hiring a single consultant and standardizing the development and application of the program, the cities can receive the necessary consultant technical services at a significantly reduced cost. In addition, the systems in each city will be designed to be uniform and compatible with one another to foster information sharing in the future. The City of Eagan, and the Community Development Department in particular, have been planning to develop a GIS system for several years. We have budgeted for the hardware and software next year. If we get this grant, we will receive additional technical services that we would otherwise likely need to contract for on our own. The grant itself is for approximately $90,000. The local match to the grant will be required over a four year period. In year one, the City will be required to provide the hardware (already planned) and some staff time to get our data in order for computer entry. In years two through four, the City will be on the line for a $7,000 annual cash contribution for system maintenance and upgrade. City staff has reviewed this grant application and feels that, if we are successful in achieving this grant, it will be a very low cost approach to developing our desired GIS system. ACTION TO BE CONSIDERED ON THIS ITEM: To approve City of Eagan participation in the grant application for development of a GIS/Economic Development Information System and to authorize the City Administrator to execute appropriate application documents. s7 MEMO city of eagan MEMO TO: City Council THROUGH: Peggy Reichert, Community Development Director FROM: Lisa J. Freese, Planner DATE: November 9, 1994 SUBJECT: GIS/Economic Development Project The Dakota County Economic Development Partnership has put forth a cooperative GIS/Economic Development information system proposal that they are requesting a commitment from its member cities in order to seek a funding of the project from the Minnesota Board of Government Innovation and Cooperation Service Sharing Grant Program. The following is an evaluation of the proposal and recommendation for action. DESCRIPTION OF PROJECT During the past year member communities have identified as a special need an information system that can provide data on a regional and site specific level. A Geographic Information System (GIS) technology is the most comprehensive way to organize this type of data. However, cities have limited resources to get GIS systems up and running by themselves. This proposal is capitalizes on the GIS system currently under development at Dakota County by repackaging and enhancing it so that it will be immediately useful for planning and economic development purposes for the Partnership and for individual communities. It standardizes the implementation of local GIS systems through multi -community software compatibility, uniform database design and mass data conversion. This will lower the overall cost of system start-up and database maintenance for member communities. The Partnership is working with Insight Mapping, a GIS consulting firm who would act in a service bureau role between the County and the cities. Insight Mapping will incorporate the existing County base map with other important geographic information not currently integrated into the base map (i. census tracts, soils data, locally defined planning districts, wetlands, etc.). Insight will also integrate all appropriate existing attribute information (i.e. parcel owners, census statistics, tax information, wetland type, etc.). At first glance this task may seen redundant with what the County is currently providing to the cities but merging and cleaning this data is technically difficult and time consuming for communities with limited staff resources. Design of the database is an important critical step and if 5s4 GIS/Dakota County Partnership November 9, 1994 Page 2 done incorrectly can be costly to fix later. A good design will facilitate efficient retrieval and optimal use of that information. In addition to repackaging existing information, the project will add new data items including: zoning by parcel, land use designations, building footprints for commercial/industrial buildings constructed since the base map was developed, traffic counts and private real estate information. The Partnership recognizes that each community is at varying levels of GIS capacity and may already have some of this information geocoded. Scott Beckman, executive director of the Partnership, has assured me that the contract developed with Insight Mapping will allow the cities latitude to request the entry of other data if local in-house capabilities exist or County decides to take over that task. For example, if the County develops a timely system for updating building footprints, Insight Mapping will perform some other service in lieu of that task. PRODUCTS DELIVERED Insight Mapping would utilize the multi -city database to compile some regional economic development tools for the Partnership. These tools would be in the form of large-scale color reference maps including all participating cities. The proposed multi -city maps include: 1) commercial/industrial property locations; 2) buildable commercial /industrial property; 3)regional traffic volume; 4) population concentration/income/age demographics location; and 5) labor force location by occupation and industry. The Partnership retains a regional GIS database and participating cities receive all data pertaining to its community. Updates to the data would occur two to four times a year as county parcel file updates occur. Insight Mapping would also work with each local community to develop two to three custom planning applications and provide approximately four days of on-site training to the participating cities and the partnership staff. PROJECT COST AND ANALYSIS The project is a four year project with the first year primarily focused on database development and the remaining three years primarily database maintenance. The total four year project cost is an estimated $338,000. The Partnership is seeking a grant for $97,500 from the Minnesota Board of Govemment Innovation to assist with project funding. The remainder of the project will be funded through cash and in-kind contributions from each participating city. Under this proposal in year 1 (1995), Eagan's cost will consist of intem staff support to assist with land use and zoning data collection and hardware/software acquisition. Both of these items are already part of the 1995 budget and departmental work program. Years 2 through 4, Eagan is expected to contribute $7,000 cash annually to support ongoing data maintenance and support services. Coupled with the grant money the City would be receiving about $40,000 worth of services during the four year period but only GIS/Dakota County Partnership November 9, 1994 Page 2 directly paying out $21,000. In the alternative if we do not participate in this proposal, it is likely that we will contract out for some or all of these services but we will not be able to accomplish as much without the grant. Apple Valley, Burnsville and Lakeville have committed to participate in the project. Farmington and Rosemount have not made a decision but are leaning towards supporting the project. Of these communities, Burnsville, Lakeville and Rosemount like Eagan are developing some in-house GIS capabilities and they feel this joint effort will help speed up the system's progress. In summary, the Partnership's proposal will assist Eagan with development of a GIS system database compatible with the identified information needs of the City. The partnership's proposal will save the City some costs of system development through grant funding and multi -community participation. It will also have a secondary benefit of providing the Partnership with some information tools that they can utilize in their promotion efforts for the City of Eagan. If the Partnership is sucessful in securing this grant, this proposal will be a cost effective approach for developing the City's GIS system. RECOMMENDED ACTION To approve City of Eagan participation in the grant application for development of a GIS/Economic Development Information System and to authorize the City Administrator to execute appropriate application documents. O Agenda Information Memo November 15, 1994 City Council Meeting AMENDMENT TO MINUTES/OCTOBER 4. 1994 P. Amendment to Minutes of October 4, 1994 City Council meeting --At the October 4, 1994 City Council meeting, a change order was processed for the Police Facility/Municipal Center Expansion and referenced as Change Order # 1. A copy of these minutes is enclosed on page .for your review. Staff has since been informed that each vendor under each bid pac age will have its own numerical series of change orders. As a consequence, the action of October 4 covered change order #1 for Bergh's Fabricating, McGuire Mechanical and Peterson Electric. A more accurate tracking method is the project change order (pco) number assigned to each change by E & V. As a consequence, staff is recommending that the Council minutes for the first item under the administrative agenda for October 4, 1994, be amended to read, "Hunter moved, Wachter seconded, a motion to approve change orders covering Bergh's Fabricating - pco #2, McGuire Mechanical - pco #1, and Peterson Electric-pco #3 to the Police Facility/Municipal Center Expansion in the amount $7,928." ACTION TO BE CONSIDERED ON THIS ITEM: To approve an amendment of the minutes of the October 4, 1994 City Council meeting to read, "Hunter moved, Wachter seconded, a motion to approve change orders covering Bergh's Fabricating - pco #2, McGuire Mechanical - pco #1, and Peterson Electric - pco #3 to the Police Facility/Municipal Center Expansion in the amount $7,928." 1 EAGAN OTY COUNCIL MINUTES; OCTOBER 4, 11104 PAGE ie Community Development Directo;•f!eichert explained the location and request. Hunter moved. Awada seconded a motion to approve theOlminary subdivision consisting of two lots on 1.4 acres of land at 1521 Lone Oak road, subject to the folf&Wing conditions: 1) The developer shall comply 1ra:..iiikPO5.:194sQM of Pei approval Al, Bl, B2, B3, C1, C2, C3, D1, El, Fl, GI and I-11 e.a:gdopted by Council action on February 2. 1993. • • • 2) The existing shed located °rift common iot line in between Lots 1 and 2 shall be moved prior to final Oat approval. 3) A tree preservation plan shall be submitted with the building permit application. 4) This development will be r4i1ed to olgajn a cross easement from the owner of 1.01 2, Block 3, Prettyman Heights for thekoposed*eway that will serve Lot 1 of this development. Ayr 5 Nay: 0 LEGISLATIVE/IN1&LAFFAIRS UPDATE Councllmember Hunter gave an update on the High School Site Selection Task Force. He noted that the task force narrowed it down to three sites. Staff wlli now try to negotiate with each of these sites. School boundaries will then be considered by the task force. Councilmember Hunter noted that he will 0:94;0;i**idnesday when the Dakota County League of Governments is meeting, and wondered.whet***006 else wanted to attend. Administrator Hedges Indicated he is planning on attending. q*CcliM6hIber i9iada indicated she will attend in his place. PM1fsfigt411YEAPPIDA • Chancre Order #1 Police Facilitv/Municloal Center VOieislon. Administrator Hedges explained the change order. Hunter moved, Wachter seconded a motion to approve Change Order #1 to the police facility/municipal center expansion in the amount of $7,928. Aye: 5 Nay 0 po rrect io niS ept ember 6 Fiegular Council Minutes. Hunter moved, Awada seconded a motion to approve a correction to the September 6, 19c*pwlar City. Couhcil minutes relating to Consent Agenda item D, Resolution Adopting a ComprehensivelMin4#:i0Ant for Elementary School #18, to properly reflect the zoning to PF (public facility).:.:0: 5 Project 647. Receive Final Ass%lesment Roll?Schedule Public Hearino (Enalert Road Streets & Utilities), Wachter moved, Hunter sec40,1A.rpjp. receive the final assessment roll for Project 647 and schedule a final assessment NQVjb(r 1,1994. Aye: 5 Nay: 0 Authortze Solicitation of Quotes for Snow Removal Services. Wachter moved, Egan seconded a motion to authorize the competitive solicitation of contractual snow removal services for the 1994-95 snow removal season. Aye: 5 Nay: 0 nt _ " • ..r. - P1 = • J. N51;11.-ster• h A. f• : • - - -in- -Ijtflfty r:.:4 • imorovementsl, Hunter moved, V#0,0'r seeondeditiffiption to approve plans and specifications for Contract 94-17 and authorize a bid advirtidement for 10:30, Friday, October 28. 1994. Aye: 5 Nay: 0 Agenda Information Memo November 15, 1994 City Council Meeting CHANGE ORDERS/POLICE FACILITY/MUNICIPAL CENTER EXPANSION Q. Change Orders, Police Facility/Municipal Center Expansion—Enclosed on pages ,14 through ('q are the following change orders. 1. AWR Incorporated - Change Order # 1/pco #30 - for roof insulation not identified in the project drawings. 2. Harmon Contract Glass - Change Order #2/pco #28 - for segmented sun shades and modified finish color to conform with shop drawings. 3. McGuire Mechanical - Change Order #3/pco #27 - for a handicapped accessible jail cell toilet fixture required by ADA. 4. Bergh's Fabricating - Change Order #3/pco #25 - for metal hardware to accept the modified curtain wall installation. 5. Northland Concrete Masonry - Change Order #3/pco #9 - for general conditions safety requirements. 6. Northland Concrete - Change Order #4/pco # 12 - modification to accommodate the sump pump to eliminate storm sewer overdepth. These changes are in order for consideration by the City Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve change orders covering AWR Inc. for pco #30, Harmon Contract for pco #28, McGuire Mechanical for pco #27, Bergh's Fabricating for pco #25 and Northland Concrete for pco #12 and pco #9, totalling $5,552, as presented. (73 CHANGE ORDER PCO No. 30 PROJECT: City of Eagan CHANGE ORDER NUMBER 01 Police Facility Eagan, Minnesota INITIATION DATE: October 19, 1994 TO CONTRACTOR ARCHITECT'S PROJECT NO: 624.A AWR, Inc. CONSTRUCTION MANAGER'S PROJECT NO: 9423 3023 Snelling Avenue Minneapolis, MN 55406 CONTRACT FOR Bid Division 08: Roofing and Related Sheet Metal CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract o As agreed upon in a meeting with Dan Weatherman, Ken Sorensen and Mile Stowe on October 13, 1994 to the following: • The roof insulation is to have an average 0.039%value. N ADD S1,500.00 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was $ 69,952.00 Net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order $ 69,952.00 The Contract Sum will be increased by this Change Order $ 1,500.00 The new Contract Sum including this Change Order will be $ 71,452.00 The Contract Time will be unchanged by (0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager Approved by Architect E&V, Incorporated Minneapolis, MN Thorbeck Architects Minneapolis, MN Date: 1 I /4-1A+ Agreed to by Contractor Authorized by Owner AWR, Inc. Minneapolis, MN By: Date: Lo 2 City of Eagan Eagan, MN By: Date: • CHANGE ORDER PCO No. 28 PROJECT: City of Eagan Police Facility Eagan, Minnesota TO CONTRACTOR CHANGE ORDER NUMBER 02 INITIATION DATE: October 24, 1994 ARCHITECT'S PROJECT NO: 624A Harmon Contract, W.SA., Inc. - CONSTRUCTION MANAGER'S PROJECT NO: 9423 1620 Broadway Street NE Minneapolis, MN 55413 CONTRACT FOR Bid Division 16: Aluminum, Glass and Glazing CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in Bulletin No. 17, dated October 21, 1994 and as per your proposals dated October 21, 1994 and October 11, 1994: • Provide segmented sunshades in lieu of curved sunshades DEDUCT ($775.00) • Provide the following finish for the Canopies "finished in one of twenty Mica II Series 700 Colors (also known as Ultra Met 2) as selected by Architect. ADD $420.00 TOTAL DEDUCT (5355.00) Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was Net change by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be decreased by this Change Order The new Contract Sum including this Change Order will be ...... The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. $ 151,996.00 $ 94.00 $ 152,090.00 $ -355.00 $ 151,735.00 (0)Days Recommended by Construction Manager E&V, Incorporated Minneapolis, MN B. r Date: %1 .3g/QI Agreed to by Contractor Hannon Contract Minneapolis, MN Approved by Architect Thorbeck Architects Minneapolis, `,M'N By: KJ Date: 1114/44 Authorized by Owner City of Eagan Eagan, MN By: I)ate: c0S i CHANGE ORDER PCO No. 27 PROJECT: City of Eagan Police Facility Eagan, Minnesota TO CONTRACTOR McGuire Mechanical Services, Inc. P.O. Box 218 20830 Holt Avenue So. Lakeville, MN 55044 CHANGE ORDER NUMBER 03 INITIATION DATE: October 19, 1994 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR Bid Division 22: Plumbing CONTRACT DATE: June 22, 1994 You we directed to make the following changes in this Contract o Provide all work associated with the following item(s) stated in Bulletin No. 16, dated August 9, 1994,as per your proposal dated October 7, 1994: • Change P-19 to handicap fixture. ADD S3,001.00 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was Net change by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be increased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. $ 152,000.00 $ 17,229.00 $ 169,229.00 $ 3,001.00 $ 172,230.00 (0)Days Recommended bv Construction Manager E&V, Incorporated Minneapolis, MN By: ‘--2Date:/1;g:::://e-vi-e.--, / ' // 4t Agreed to bv Contractor Anoroved bv Architect Thorbeck Architects Minneapolis, MN By:: Date: 11 /4144 - Authorized bv Owner City of Eagan Eagan, MN By: Date: CHANGE ORDER PCO No. 25 PROJECT: City of Eagan Police Facility Eagan, Minnesota TO CONTRACTOR Bergh's Fabricating, Inc. 2208 Airport Dr. Willmar, MN 56201 CHANGE ORDER NUMBER 03 INITIATION DATE: October 17, 1994 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR Bid Division 04: Steel Supply and Erection CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in Field Change Authorization No. 10, dated October 13, 1994, as per your proposal dated October 13, 1994: • Provide forty (40) 2-1t2" square tube steel x 12" with two (2) 1/2" x 4" studs. ADD 5404.00 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was Net change by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be increased by this Change Order The new Contract Sum including this Change Order will be .... The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. $ 137,000.00 $ 1,939.00 S 138,939.00 $ 404.00 $ 139,343.00 (0)Days Recommended bv Construction Manager E&V, Incorporated Minneapolis, MN By: Date: 1/9-.17-7f Agreed to bv Contractor Bergh's Fabricating Willmar, Approved by Architect Thorbeck Architects Minneapolis, MN By: Date: 1 iV iL/44- Authorized bv Owner City of Eagan Eagan, MN By: Date: CHANGE ORDER PCO No. 09 PROJECT: City of Eagan 00, Police Facility 1 9 Eagan, Minnesota TO CONTRACTOR 94 i Northland Concrete & Masonry 12026 Riverwood Drive Burnsville, MN 55337 CHANGE ORDER NUMBER 03 INITIATION DATE: October 3, 1994 OCT 2 f 1 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR Bid Division 01: Concrete Footings, Foundations & Flatwork CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract: o Provide all work associated with the following item(s) stated in your proposal, dated September 26, 1994. • Construct safety rails. ADD S690.00 o Provide all work associated with the following item(s) stated in your proposal, dated September 21, 1994. • Move barrier fence. ADD $ 147.00 TOTAL ADD S837.00 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was Net change by previously authorized Change Orders The Contract Sum prior to this Change Order The Contract Sum will be increased by this Change Order The new Contract Sum including this Change Order will be The Contract Time will be unchanged by The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. S 195,000.00 S (1567.00) S 193,433.00 S 837.00 $ 194,270.00 (0)Days Recommended by Construction Manager E&V, Incorporated Minneapolis, MN Date: 10 9y Agreed to by Contractor Northland Concrete & Masonry Burnsville, MN Ant roved by Architect Thorbeck Architects Minneapolis, MN 11 By: rp J Date: Z Authorized by Owner City of Eagan Eagan, MN By: Date: 4S CHANGE ORDER PCO No: 12 PROJECT: City of Eagan Police Facility Eagan, Minnesota TO CONTRACTOR Northland Concrete & Masonry 12026 Riverwood Drive Burnsville, MN 55337 CHANGE ORDER NUMBER 04 OCT 2 7 1991 INITIATION DATE: October 14, 1994 ARCHITECT'S PROJECT NO: 624.A CONSTRUCTION MANAGER'S PROJECT NO: 9423 CONTRACT FOR Bid Division 01: Concrete Footings, Foundations & Flatwork CONTRACT DATE: June 22, 1994 You are directed to make the following changes in this Contract o Provide all work associated with the following item(s) stated in Bulletin No. 5, dated August 8, 1994 and Field Change Authorization, dated August 19, 1994. • Accomodate for additional sump pump. ADD $165.00 o Provide all work associated with the following item(s) stated in Bulletin No. 8, dated August 30, 1994. • Change in footings and foundations for sump. ADD S0.00 TOTAL ADD S165.00 Not valid until signed by the Owner, the Architect and the Construction Manager. Signature of the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract time. The Original Contract Sum was S 195,000.00 Net change by previously authorized Change Orders S (730.00) The Contract Sum prior to this Change Order S 194,270.00 The Contract Sum will be increased by this Change Order S 165.00 The new Contract Sum including this Change Order will be ...... S 194,435.00 The Contract Time will be unchanged by (0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is per original contract. Recommended by Construction Manager E&V, Incorporated Minneapolis, By: Date: /D --/y- " Agreed to by Contractor Northland Concrete & Masonry Burnsville, MN Approved by Architect Thorbeck Architects Minneapolis, MN By: I)atee: Ntr v. 2.1 1444 Authorized by Owner City of Eagan Eagan, MN By: Date: co Agenda Information Memo November 15, 1994 RECEIVE BIDS/AWARD CONTRACT (1995 SEALCOAT - AGGREGATE) R Contract 94-18, Receive Bids/Award Contract (1995 Sealcoat - Aggregate)—At 10:00 a.m. on November 8, formal bids were received for purchasing the aggregate to be used in the 1995 sealcoat program. Enclosed on pages 71 through 7 z is a tabulation of the bids received with a comparison of the low bid lo the estimate and budget, and a memo from the Superintendent of Streets/Equipment. Bids will be reviewed for compliance with the bid specifications and any deviations will be addressed at the time of contract award by Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 94-18 (1995 Sealcoat - Aggregate) and award the contract to Meridian Aggregates Company in the amount of $36,000 and authorize the Mayor and City Clerk to execute all related documents. �1 MEMO TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS FROM: ARNIE ERHART, SUPT. OF STREETS AND EQUIPMENT DATE: NOVEMBER 9, 1994 SUBJECT: SEALCOAT AGGREGATE BIDS On'fliesday, November 8, 1994, at 10:00 a.m., we received a bid for sealcoat aggregate from Meridian Aggregates Company in the amount of $36,000 plus sales tax for 3,000 tons of FA - 2 Class A aggregate delivered. We also had one "No Bid" from Ortonville Stone and one verbal quote of $16.00 a ton from Dresser Trapp Rock. Because of the favorable price of $12.455 per ton I would recommend increasing the quantity by 15% to 3,450 tons. This is in compliance with our specifications for increasing quantities and would be within our 1994 budgeted amount of $43,000. zed,— Arnie Erhart Superintendent of Streets and Equipment AE/nab Attachment '1I BID TABULATION h FA•2 CLASS A 3000 TONS SEALCOAT AGGREGATE BID $12.455 per ton Verbal quote: $16.00 per ton co 0 z VENDOR MERIDIAN AGGREGATES COMPANY DRESSER TRAPP ROCK ORTONVILLE STONE -7.1.- .. W 2 0 Q W O lc W W O CD M W Agenda Information Memo November 15, 1994 City Council Meeting SPECIAL HUNTING PERMIT/TIMOTHY R MICHELS S. Special Hunting Permit, Timothy R. Michels --Enclosed without page number is a copy of the special hunting permit application for Timothy Michels. Attached to the application is a copy of the owner's written permission for Mr. Michels to hunt on the property indicated. The application has been reviewed by staff and is in order for consideration by the City Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the special bow hunting permit for deer for Timothy R. Michels, as presented. SPECIAL HUNTING PERMITS/CRAEG A. NOLAN T. Special Hunting Permit, Craeg A. Nolan—Enclosed without page number are copies of the special hunting permit applications for Craeg A. Nolan. You will note that Mr. Nolan has permission to hunt on two properties. The applications have been reviewed by staff and are in order for consideration by the City Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the two special bow hunting permits for deer for Craeg Nolan, as presented. SPECIAL HUNTING PERMIT/MAUREEN K. STELTZ U. Special Hunting Permit, Maureen K. Steltz--Enclosed without page number is a copy of the special hunting permit application for Maureen K. Steitz. Attached to the application is a copy of the owner's written permission for Ms. Steitz to hunt on the property indicated. The application has been reviewed by staff and is in order for consideration by the City Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the special bow hunting permit for deer for Maureen K. Steltz, as presented. ") 3 Agenda Information Memo November 15, 1994 City Council Meeting ORDER PUBLIC HEARING DELINQUENT WEED CUTTING & MISCELLANEOUS BILLS V. Receive Assessment Roll/Order Public Hearing, Delinquent Weed Cutjing and Miscellaneous Bills --A list of delinquent bill accounts is enclosed on page 7 for your review. City policy for these accounts is to assess them against the subject property for payment with property taxes. The assessments will be spread for one year at 61% interest. Per the 1994 fee schedule, a $25 assessment fee will be added to each of the balances not paid prior to the final assessment hearing. A final assessment hearing should be ordered for December 7, 1994. The County's deadline for certification of delinquent bills is December 15. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the assessment roll and order the public hearing for assessment of delinquent weed cutting and miscellaneous bills for December 7, 1994. S/A # PROPERTY ID S/A ASSESSED AMT lOWEED 10-01900-020-25 10-02100-013-50 10-14006-010-01 10-14388-040-01 10-14388-050-01 10-16621-010-01 10-16704-080-05 10-22530-010-01 10-55300-130-03 10-77035-010-01 10-81950-110-01 10-81950-120-01 10-83550-030-03 10-83751-190-05 < * > $247.50 $247.50 $165.00 $123.75 $123.75 $247.50 $82.50 $412.50 $82.50 $165.00 $838.96 $838.96 $247.50 $71.60 $3,894.52* $3,894.52* EXIT (E)? [ ] Agenda Information Memo November 15, 1994 APPROVE RIGHT -OF -ENTRY AGREEMENT (RED PINE LANE) W. Project 673, Approve Right -of -Entry Agreement (Red Pine Lane - Finch Property) --As a part of the negotiations for the right-of-way and easements for Red Pine Lane, the attorney representing the Finch's has requested the City Council to enter into temporary co action easement and right -of -entry document enclosed on pages 7 through . This document has been reviewed by the City Attorney's Office an the Public Works Department and found to be in order for favorable Council action. Execution of this document will allow the contractor to enter the property and begin construction prior to the completion of the condemnation process allowing work to commence yet this year. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the right -of -entry and temporary construction easement for Project 673 with Gene and Debbie Finch and authorize the Mayor and City Clerk to execute all related documents. '1 cf SENT BY: 11-10-94 ;12:131°M ;SEYERSON WILCOX SHF1.-+ 612 681 4612;# 2/ 5 RICHT OF ENTRY AND TEMPORARY CONSTRUCITON EASEMENT AGREEMENT THIS RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT entered into tills day of November, 1994, by and between the CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA, a municipal corporation, hereinafter the "C;ity', and EUGENE 0. FINCH and DEBORAf I L. Fl KC I, husbantl and wife, hereinafter the 'Owners' WITNESSETH WHEREAS, the City desires the right to enter upon the Owners' property described below for the purpose of expediting the construction of local Public Improvement Project No. 673; and WHEREAS, the Owners desire to protect the balance of their property and their family during the pendency of the construction of said Project No. 673. NOW, THEREFORE, the parties hereto, for and in consideration dile mutual exchange of promises herein set forth, state anti twee as follows: L That the Owners are the fee owners of record of the following described real property, to wit: All that part of the Northwest Quarter (NW 1!4) of the Southeast Quarter (5B 1/4) of Section Thirty-six (36), Township Twenty-seven (27), Range Twenty-three (23), lying easterly of the easterly right -Of - way line of the Chisago, Milwaukee, Si Paul and Pacific Railroad Company; except the South 780 feet thereof, aacordi ug to the U.S.. Government Survey thereof. subject only to those certain mortgages and easements now on file and of record in the office of the Recorder within and for Dakota County. 2. 'That the Owners grant unto the City, its successors and assigns. a Temporary R-95% 01001 01 12 432 3780 11-10-94 01:17PM P002 #20 SINE BY: 11-10-94 ;12:13PM ; SEVERSON WILCOX Siff L-' 612 681 4612;# 3/ 5 Construction Btoement over, under, across and through that portion of the above-dcacribed property as legally described In Exhibit "A" attached hereto and designated on the construction eaaeaent sketch attached hereto as Exhibit WW, for site grading purposes is connection with the ostrnuon of Project 673. being also known u Red Pine Late. pursuant to plans and specifications now on file In the offices of the Qty of Rapp. 3. The Owners grant unto the City, its nuc essors and andgrra, the right to enter and use the property mare specifically described in Exhibit W attached hereto and that such Right of lathy and Temporary Construction Basement shall remain in full force and effect until June 15, 1996, at which time it will automatically terminate and be rmll and void without notice or without further action by either party hereto. 4. That the City shall in a expeditious fashion commence proceedings in eminent domain to acquire the right- of way for said Red Pine Line pursuant to the provisions of Diann. Stat. Ch. 117 thereof, as amended, in an expeditious and timely fashion. 5. That for purposes of said proceedings in eminent domain, the date of taking shall be the date first above written and that interest sbali run as provided by law on the unpaid balance of the just compensation to Owners by said City on the part of Owners' land taken and such damages, if any, to the remainder thereto. 6. The aty shall have the bight to enter upon that part of the remainder of Owners' property contiguous to the temporary construction easement necessary to construct a fence to protect the Owners, their family, Invitees and licensees by consuutaing a fence and/or protective devise to contain the construction and separate therefrom the balance of the property. 7. That Owners reserve their right to make claim for trespass and/or unlawful entry 2 R-95% 612 432 3780 11-10-94 01:17PM P003 #20 SENT BY: 11-10-94 ;12:14PM ;SEVERSON WILCOX 91EL-, 612 681 4612;# 4/ 5 upon their property prior to the date hereof. IN WITNESS WHEREOF, the parties hereto have set their hands all of as the day and . year first above•written. Subscrt"bed and sworn to be before me this respectively. CITY OF EAGAN By Its Mayor B9 Its City Manager day of . 1994. by and , its Mayor and City Manager, Notary Public Eugene O. Finch Deborah L Finch Subscribed and sworn to before me this day of _ 1904. try Eugene O. Finch and Deborah L Futch, husband and wife. Dated R-95% Notary Pu he APPROVED AS TO FORM; Eagan Qty Attorney's OiFice 3 1 °I 612 432 3780 11-10-94 01:17PM P004 1120 SENT BY: 11-10-94 ;12:14111 ;SEVERSON WILCOX SHEL 612 681 4612;# 5/ 5 APPROVED AS TO CONTENT Dated: lubllc Works Department 111IS INSTRUMENT DRAFTED BY: John F. Bannfgan. Jr. BANNIGAN & KELLY, P.A. Attorneys at L4w 1750 NCL Tower 445 Minnesota Street St. Paul, MN 55101 4 R.-94% 4o 612 432 3780 11-10-94 01:17PM P005 #20 Agenda Information Memo November 15, 1994 LIC HIRINGS .............................................. ............................................... FINAL ASSESSMENT HEARING (WOODLANDS N 3RD ADDITION) A. Project 648, Final Assessment Hearing (Woodlands N. 3rd Addition - Streets & Utilities) --On October 18, the Council held a public hearing to discuss the proposed final assessments for the installation of public streets and utilities along Trails End Road and within the Woodlands North 3rd Addition as necessitated by the approval of that subdivision. At that hearing, Scott and Cydney Welter (3505 Trails End Road, Parcel 014-02 in Section 14) submitted a written objection to the proposed assessments with significant background information supporting their contention that their property did not benefit by the proposed improvements due to the abandoned demolition landfill on this parcel adjacent to Trails End Road. As a result of reviewing this information, the City Council concurred that the portion of the proposed assessments associated with sanitary sewer and watermain did not currently benefit the property and, based on the City's policy that 100% of development related improvements be assessed, directed staff to reallocate those costs to all other benefitting parcels/lots within the scope of the project. This had the effect of reducing the Welter's proposed assessment from $20,229.40 (streets and utilities) to $6,876.63 (street and related storm sewer only). The Council then directed staff to respread the $13,352.77 difference equitably and proportionately to all other benefitting parcels/lots within the project. This has resulted in an increase of $324.17 to each of the 34 lots within the Woodlands North 3rd Addition and $211.90 to each of the 11 lots within the Trails End Addition. Because this reallocation resulted in an increase in proposed assessments to all but 1 property under the original notice, new notices were then published informing the property owners of the proposed new final assessments and a new public hearing date of November 15, 1994. As of this date, the staff has received the written objections from the developers of t e Trails E A ition and the Woodlands )orth 3rd Additi enclosed on pages . and / . Enclosed on pages � N through is a staff memo a dressingthe issues raised, tryingto clarify the issues for the Coun il's information. At the October 18 public hearing, in addition to directing staff to revise the proposed final assessment roll, there was discussion about deferring the remaining assessment to the Welter's property ($6,876.63) until sale or subdivision. The Council will have to take specific action to pursue that intent if they are still interested in doing so. However, it should be subject to execution of an appropriate agreement as prepared by the City Attorney's Office within a specified period of time to ensure that if the assessment is not certified, it is at least recorded at the County for all perspective future purchasers. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing for Project 648 (Woodlands North 3rd Addition - Streets & Utilities) and approve the assessment roll as revised and authorize its certification to Dakota County. 81 RECEIVED Nov 7 199k SPRINGBROOK CORPORATION 2420 West 106th Street Bloomington, Minnesota 55431 November 4, 1994 Mr. Thomas A. Colbert, P. E. City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Mr. Thomas Egan, Mayor City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Assessment Hearing - Project 648 Woodlands North 3rd Addition Gentlemen: The above -referenced improvement project is beginning to look like the project that won't die. On April 13, 1993 the City Council was presented with a feasibility report for the street and utility installation for the third phase of The Woodlands North 3rd Addition on Ivy Lane and a portion of Trails End Road. Two properties west of Trails End Road belonging to the Hovelands and the Welters were included in the area to be served. The Hoveland's estimated share of the total cost was $24,403. The Hovelands did request and receive sanitary sewer and water stubs, together with a curb cut at the mid -point of their property, presumably in anticipation of future subdivision of their approximately 5 -acre parcel. The initial final assessment hearing on September 6, 1994 indicated a total amount assessed of $268,614 which was $15,981 or 5.6% favorable as compared to the feasibility report. Applying that variance to the overall project, Hoveland's assessment would have been approximately $23,000 plus the cost of the stubs. However, the Hoveland's assessment of $30,077 was $5,674 or 23.3% OVER the feasibility report. The additional stubs could not have cost anywhere near the overage presented. The Hovelands were unable to get a satisfactory explanation of the apparent disparity. In our experience, feasibility reports are compiled conservatively so the actual costs rarely exceed the forecast. This apparently was the case as to the Welters and the lots in Woodlands North 3rd which were $2,306 and $19,330 favorable versus the feasibility. Again, the Hoveland parcel should have shared in that favorable variance despite the additional stubs that would not have cost enough to offset a favorable variance and caused a $5,674 unfavorable variance. The final assessment roll, according to a memo from Jerry Wobschall dated August 15, appears to charge half of the cost of improvements relative to Trails End Road to Hovelands and Welters and then in a ratio of 225:175 with the larger share to the Hovelands. Was the cost of Trails End Road east of the corner (where it runs in an east -west direction) included in that computation and, if so, why? Why wasn't the property north of Trails End Road east of the corner assessed? We had purchased the land surrounding the Hoveland's home. Terms of our purchase provided that the sellers pay pending and existing assessments. However, if we were to install improvements before freeze-up, we couldn't wait until the re -scheduled assessment hearing. It was therefore necessary to adjust our purchase price for the additional assessed amount in order to avoid a delay through the winter. At the re -scheduled assessment hearing the Welters contended that, because of a landfill on a portion of their property, they will not receive full benefit from the improvements. The City Council evidently agreed and reduced their assessed amount. To our amazement, the revised assessment roll allocates the Welter reduction to the other properties in the project. $211.90 per lot has been added to each of our eleven lots in our new Trails End Addition. It is inconceivable that, because the Welters benefit less, the other properties will benefit more. Not only was the initial assessment 23.3% over what the Hovelands and we used to make our respective economic decisions but now another $2,331 is being added to the total. Each of those eleven lots has paid its share of direct costs for sanitary sewer, water and streets as we installed Trail Court. Obviously, Trails End Addition is getting hit on two sides; of course we knew about the pending assessment of $24,403 but could not reasonably anticipate the additional $8,005 now proposed. The cost of the stubs could well have been offset by a sharing of the favorable variance versus the feasibility report. We request that the initial overage versus the feasibility report be reviewed and adjusted if necessary and that the Welter reduction be absorbed by the City on a city-wide basis and not allocated as now proposed. Sincerely, SPRINGBROOK CORDO ATION Ho►lard R _.(y110 Thomas H. Murray RECEIVED NOV 8 1954 ROIERT ENGSTROM CQMPANIFS � November 7, 1994 Mr. Thomas A. Colbert, P.E City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Mr. Thomas Egan, Mayor City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Assessment Hearing - Project 648 Woodlands North 3rd Addition Gentlemen: We have received notice of yet another assessment hearing on the above - referenced improvement project. According to a memo from Jerry Wobschall dated August 15 that accompanied the initial final assessment roll, the City appears to charge half of the cost of improvements relative to Trails End Road to the property owners west of Trails End Road and the other half to The Woodlands North 3rd Addition. it also appears that the property north of Trails End Road east of the corner was not assessed. Why wouldn't that parcel bear its share of the improvements? The Welters, who own property west of Trails End Road have contended that, because of a landfill on a portion of their property, they will not receive full benefit from the improvements. The City Council evidently agreed and reduced their assessed amount. The revised assessment roll which we have now received appears to allocate the Welter reduction to the other properties in the project including an additional $324.17 to each lot in The Woodlands North 3rd Addition_ Whether or not the City decides to give relief to the Welters should have no bearing on proportionate allocation of costs to the individual lots in The Woodlands North 3rd Addition. It is simply not reasonable to assume that because the Welters benefit less, the other properties will benefit more. We request that the initial allocation be reviewed to determine whether all benefiting properties were assessed properly and adjusted if necessary and that the Welter reduction be absorbed by the City on a city-wide basis and not allocated as now proposed. Sincerely, ROB T ENGS7 COMPANIES Ho and R. Kyll ... LAND SPECIIALISTS ... 4801 West 81st Street • Suite 101 • Minneapolis, Minnesota 55437 • (612) 893-1001 • Fax (612) 893-1841 MEMO city of eagan TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS FROM: MIKE FOERTSCH, ASSISTANT CITY ENGINEER DATE: NOVEMBER 10, 1994 SUBJECT: CITY PROJECT NO 648, WOODLANDS N 3RD ADDITION ANALYSIS OF ESTIMATED FEASIBILITY REPORT COSTS VS FINAL ASSESSMENT AMOUNTS The purpose of this memo is in response to a November 4, 1994, letter to yourself and Mayor Tom Egan from the Springbrook Corporation, developer of the Trails End Addition. First of all, the preliminary engineering report for Project 648 identified the methodology for which the assessments were to be allocated for the proposed Woodlands N. 3rd Addition as well as two parcels within the Wescott Garden Lots westerly of the southerly extension of Trails End Road. The preliminary report identified that all Tots within the proposed Woodlands N. 3rd Addition would share equally on a per lot basis for improvement costs included in Project 648. In addition, the cost of the street and utility installation for Trails End Road southerly from the point at which Trails End Road was constructed previously under Project No. 589R, would be allocated on a linear foot basis, one-half to the westerly adjacent properties and one-half to the easterly adjacent property which included the Woodlands N. 3rd Addition. Attached is the preliminary assessment roll prepared for the improvement based on this methodology. The confusing part of the bids versus the preliminary report prepared on this project is that even though the overall bids were favorable in relation to the preliminary report amount, the Trails End Road portion of the costs were disproportionately higher. The improvements constructed internally of the Woodlands N. 3rd Addition (along Ivy Lane) were bid Tess than the feasibility report had estimated and the Trails End Road portion of the bids were considerably higher than estimated in the feasibility report. Following is a table which shows this disparity: gr Feasibility Report Amount Final Cost Amount Trails End Road $93,876.00 $100,613.68 Ivy Lane 219,329.00 168,000.36 TOTAL $313,205.00 $268,614.00 gr As you can see from the table, the final costs for the Ivy Lane portion of the improvements are significantly Tess than estimated in the feasibility report and the Trails End Road portion are considerably higher. The correspondence from the Springbrook Corporation also identifies an apparent disparity in the amount the Hoveland's were being assessed in comparison to the cost of sanitary sewer and water stubs to their property for future development. The correspondence fails to understand that the costs for the Trails End Road portion of the improvements are considerably higher than estimated. The correspondence incorrectly assumes the unfavorable variance assessment to the Hoveland property as a result of the sewer and water stubs which were provided. The correspondence assumes that a 5.6% favorable variance in the total final cost in relation to the cost estimated in the feasibility report was spread evenly throughout the project. The feasibility report for the improvement clearly did not identify the costs being spread equally to all parcels within the scope of the project. The correspondence goes on to compare the amount estimated in the feasibility report for the Welter's property as well. What the correspondence does not identify is that the scope of the improvements estimated in the feasibility report are different than what were actually constructed for the Welters. During construction, the Welters specifically requested that sewer and water stubs not be installed similar to those provided to the Hoveland parcel. The correspondence compares the Welter parcel with the lots in the Woodlands N. 3rd Addition as having favorable final costs versus the feasibility. Both situations did have favorable final cost variance versus the feasibility report but for vastly different reasons. The favorable variance to the Welters was as previously mentioned, but the favorable variance for the lots in the Woodlands N. 3rd Addition was because of the contractor's lower than estimated bid prices for the work on Ivy Lane. The correspondence questions why the property directly east of the existing section of Trails End Road, which was constructed prior to this improvement, was included in the final assessment area, and property to the north of Trails End Road was not included. The property to the north of Trails End Road was included within the scope of the previously constructed Trails End Road project: as was the construction cost for Trails End Road from the east to the south radius point as it existed prior to this improvement. The remainder of the correspondence from Springbrook Corporation deals with policy issues which will need to be specifically addressed by the City Council. In summary, the correspondence from the Springbrook Corporation incorrectly assumes that all properties within the scope of Project 648 would be treated the same with respect to the allocation of the final costs. The engineering feasibility report prepared for the improvement specifically treated the Trails End Road portion of the improvement differently from the Ivy Lane portion of the improvement. hope the above information has provided an adequate explanation of the differences. y • /need add' • • of information or further explanation in this regard, please advise. L4/ . " .Ilii A-"sistant City MPF/jj FINAL ASSESSMENT BEARING PROJECT NUMBER: 648 SUBDIVISION/ARFA:Woodlands N. 3rd IffiROVEMERTS INSTALLED AND/OR ASSESSED: T.R. - Feasibility Report SANITARY SEWER ❑ Trunk Q Laterals ❑ Service ❑ Lat. Benefit/ Trunk FINAL RATES T.R. RATES November 15, 1994 October 18, 1994 (Reschedule( ASSESSMENT BEING DATE: September 6, 1994 (Cont'd.) PUBLIC HEARING DATE: April 20, 1993 $ 187.45/unit N/A $1,952.77/lot $61 14/ff $1,837.00/lot $ 38.80/ff FTOP.X SEWER URAL RATES ❑ Trunk $ 824.00/lot ❑X Laterals $ 7.33/ff ❑ Lat. Benefit/ • Trunk T.R. RATES $1,384.00/lot $ 7.37/ff 'ATER ❑ Trunk ❑ Laterals ❑ Service ❑ Lat. Benefit/ Trunk ❑ VAC $ 24.45/unit $ 923.23/lot $15.10/ff $1,�233.00/lot $1R R7/ff STRUTS O Gravel Base ❑ Surfacing $ 31.97/ff O Res. Equiv. ❑ Multi Equiv. O C/I Equiv. ❑ Trail $2,156.04/lot $1,925.00/lot $ 23.77/ff $EROICES 1.31 Vater & San. $ 859.87/lot Sever $4,068.21 $1,621.00/lot $5,617.00/lot STREET LIGHTS ❑X Installation -0- $ 100.00/lot: 0 Energy Charge CONTRACT P0. 93-08 COMMENTS: • OF 7ARCEIS 36 TERMS 5 Yrs. INTEREST RATE 6.5 % G `7 AMOUNT ASSESSED $284,595.00 F.R. $268.614.04 _ CITY 7Il4ANCED $28,610.00 F.R. $36.742.80 Agenda Information Memo November 15, 1994 City Council Meeting CONSIDER ACQUISITION OF HOLZ FARM A. Consider Acquisition of Holz Farm --The Advisory Parks, Recreation & Natural Resources Commission will be giving further consideration for acquisition of the Holz Farm at their meeting on Monday, November 14. Enclosed on pages Q through 4/ is a memo prepared by the Director of Parks & Recreation in response to recent direction he was given through the City Administrator to renegotiate acquisition of the Holz F /Middlemist property for potential acquisition by the City. Also enclosed on pages '( through is a copy of an article from the Minneapolis Star Tribune that appeared on Sunday, November 6, discussing the Burow farm that exists in the City of Mendota Heights. ACTION TO BE CONSIDERED ON THIS ITEM: To provide direction to staff regarding any further negotiations for acquisition of the Holz Farm. vff MEMO city of eagan DATE: NOVEMBER 9, 1994 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: HOLZ FARM PROPERTY BACKGROUND The Council has asked staff to pursue the possible acquisition of the Holz Farm property and Middlemist property. On Friday, November 4, staff met with Mr. Dave Johnson, realtor and developer who has acquired purchase options on the Holz: Farm property and the Middlemist property directly north of Holz farm. In that meeting, Mr. Johnson indicated it is his intention to develop the property into an eleven lot subdivision which he would like to begin next year. Mr. Johnson explained that he is a small lot developer and has developed subdivisions of five to fifteen lots in size. His expectation is to submit a preliminary plat application in anticipation of marketing the lots in spring, 1995 with all lots sold and built upon by the end of the year. It is also his expectation that he would sell these lots in the $60-65,000 range because "they have lake access". Staff represented the City's interest in acquiring the two parcels for historical purposes. Should Mr. Johnson pursue development, the City would look for a land dedication from this subdivision to provide larger access to Manor Lake to fit with the existing parkland previously dedicated with the Manor Lake subdivisions. Given the fact that the City is still interested in acquiring the property and he would be looking for quick closure, staff pursued what Mr. Johnson felt the value of the property was. MR. JOHNSON'S EVALUATION Mr. Johnson felt that the property, developed as an eleven lot subdivision, would provide the opportunity to sell all of the Tots at approximately $60-65,000. However, he was willing to negotiate with the City, if the property would be sold quickly, for a price of $400,000. Mr. Johnson reasoned that the return on each of the lots, sold at $60-65,000, justified this price. Staff is aware that Mr. Johnson has paid $150,00 for the Holz property and $125,000 for the Middlemist property totaling $275,000 for 4.88 acres. (See attachment) 3'y Staff made no response to the $400,000 figure, but did suggest that lot prices at $60- 65,000 were comparatively high given this subdivision's location and lot prices in other subdivisions such as the Rooney Addition. With the potential of the Garden Wood Ponds Addition being final platted, a very competitive market would exist resulting in a longer time frame for holding Tots. Mr. Johnson may be willing to negotiate, however, without further direction from the City Council, staff felt it did not have the authority to come to any agreed upon figure. The Council could consider condemnation of the property should they feel there is too great a disparity between Mr. Johnson's value and that which the City feels it is worth. The City has normally stayed away from condemnation, but given the property is devoid of resident owners and has recently changed hands, the issue of condemnation may be easier to embrace given the lack of personalities so often involved in condemnation proceedings. PROGRAM USE The Advisory Commission has stated that the intended purpose of the acquisition is for preservation/historical purposes. Programming of the park would remain consistent with that theme. Other historical farm sites are often used for farmers markets, "apple cider and pumpkin festivals", educational programs, social gatherings and musical events. Definite program use has not been determined but there appears to be numerous opportunities. SUMMARY Mr. Johnson has purchase agreements that are contingent on the successful preliminary platting of the Holz Farm and Middlemist property. Mr. Johnson is willing to sell the property for a figure of $400,000 assuming the City is willing to enter into and can close quickly on a purchase agreement. FOR COUNCIL DIRECTION Staff is looking for direction and authorization regarding the disposition of the Holz/Middlemist properties. NOTE The Advisory Parks, Recreation and Natural Resources Commission meets on Monday, November 14. Staff will be presenting this same issue to the Advisory Commission for their input. Staff will prepare a brief summary memorandum of their discussion for the City Council meeting on November 15. KV:cm c2/hofz.buy 0 -- : - 32 R ;S 030-25 023-25 CIFF ROAD -MANOR •1 4 010-25 ALLAN LANE 414 0-26 WEST 012-28 EAST 331.21 040-25 OND 2 • 2 3 .piSF' 43.0. 47j"i1' .C- n.�,� of I y ,1 14 0.01 1k 040-27 031-27 %.1%AVJI a vVVO ivi a II I. IGLU 111 t Staff Photos by Bruce Bisping Tom Burow owns the tart Mendota Heights farm, which his grandfather bought In 1873. Neighbors are fighting to preserve it as a hlstorlcat sib. Mendota Heights site offers a bit of history By James Walsh Staff Writer The old red barn, its paint peeling from cracked and weatherworn boards, looks out of place here. So does the equipment shed, the farmhouse and the 1950s -vintage tractors. Tom Burow feels a little out of place,too. The 82 -year-old owns the last Mendota Heights farm, 9 acres of field and pond surrounded by expensi townhomes with landscaped al Down by the pond, horses graze and Canada geese waddle about and eat the short grass. Burow lives on a farm site that his grandparents bought in 1873 from Henry Sibley, an early fur trader in - the area and the state's first governor. ; "It's kind of unusual to still be here, i when you consider all the development to the south — Eagan, Burnsville, Inver Grove Heights," he said. "I guess that's : the way it goes." Farm continued on page 4B Burow, left, used a ehalnsaw to cut firewood for his two wood -burning stoves ` that heat his farmhouse in winter. A path, above, runs by the front of the farm, which is now surrounded by expensive homes and manicured lawns. • Farm Continued from page 4B others have raised more than S25,000 'to pay for its upkeep and • preservation and its buildings if the ..city makes an offer. .'"The problem just simply is that in real estate, you can say all you want, ,:but it doesn't mean anything until .you put it in writing and sign it," :Smith said. .You only have to visit to understand the neighbors' sentiments about the ']one farm on Victoria Rd. Stand in the yard and watch the geese; Burow said they come here every year to find a quiet escape _ during hunting season. Feed an apple to the friendly white horse that walks up as soon as he sees you; Burow boards four horses for area residents. Smell the bales of hay stacked in the barn and rub the dull finish on the Allis Chalmers tractors that Burow ,still uses to pull the hay wagon and ;cut the grass. :In the house, the original wood floors ;are sound and smooth, ifa little -uneven. The smell of wood smoke fills the house. "I don't have gas in here," Burow said. He usually keeps the stove burning in only one first -floor room. A two- bumer hotplate sits next to the cot on 'which he sleeps. A hand -dug well feeds water into the house. Rush Limbaugh is speaking through the radio. Lace curtains hang in an upstairs bedroom. Burow said it belongs to his sister, who lives "in town." His two younger brothers, who used to live here with him, are gone now. Burow, bald and sinewy, still cuts hay, feeds horses, tends to the garden and slaps a coat of paint on the house when needed. "It's comfortable, I guess," he said. "You get kind of used to it." The farm used to look like all the ' others homesteaded in this part of Dakota County — 40 acres of wheat, corn, oats and potatoes with a few cows, pigs and horses. His grandfather, Ferdinand, came here from Germany and bought the farm from Sibley. Ferdinand Burow built the barn first, then the house in 1877. His son, Edward, added on to the house in the early 1900s. The barn was rebuilt in 1914. Burow still calls it "the new barn." He can remember where the neighboring farmhouses used to stand, and the names of the people who lived in them. But he is not nostalgic. His father knew even back in the early 1900s that this day of development would come. "We were too close to the city," Burow said. He said he was never really a farmer. During World War II, he spent more than three years in prison camps for conscientious objectors. His family was religious, he said, and war was wrong. He has since come to doubt the hereafter. "It don't carry no more," Burow said "My brother and I used to debate it, but rve come around to his way of thinking. The universe is so big ... when you're gone, you're gone." • Atter the war, Burow Jived at the farm but drove a truck to earn his living. He's lived alone since 1979, when his second brother died of cancer. "I'm the eldest and the toughest, I guess." A fire in May 1993 damaged part of the kitchen. Burow said he was careless; some ashes he set in a bag on the porch ignited. It was about that time that Burow started talking with city officials about preserving the farm, Smith said. However, it seems that Burow's interest in an offer from the city has waned with time, Smith said. He still hopes Burow will decide to sell to preservationists. "I can see the sense of this whole thing. But I realize that Tom would be making huge concessions to do this." Burow insists that the money isn't so important to him. Still, he said, he knows what his farm is worth. "A developer said I could get S400,000 easy," he said. "Home sites around here are going for S50,000 each." Although he has no immediate family to inherit his estate, there are those 24 cousins once -removed. So, Burow said, he's not keen on the city's proposal to pay him only until he dies. "I don't much care who buys it, but I want it set up right," he said. "Not so the sooner I go, the cheaper they'll get it. I want to leave my relatives with something." • The folks who want to save this last farm hope that Burow can leave something for them as well. Agenda Information Memo November 15, 1994 City Council Meeting vass REZONING/PRELIMINARY SUBDIVISION SIGNATURE PROPERTIES, INC./LENTSCHS DEERWOOD POINTE A. Rezoning & Preliminary Subdivision, Signature Properties, Inc./Lentschs Deerwood Pointe, NW Quarter of Section 21 --Signature Properties is requesting approval of a rezoning from A to R-1, single family, and a preliminary subdivision consisting of 3 lots on 1.72 acres located north of Deerwood Drive and west of Pilot Knob Road at 1475 Deerwood Drive. The Advisory Planning Commission conducted a public hearing on this matter at its meeting of Octobe 25, 1994. The minutes of the Planning Commission me ing are l ed on pages q through The staff report is enclosed on pagesthrough �1enc At the meeting of the Planning Commission, two members of the public spoke in opposition to the particular design of this subdivision. A subsequent letter dated �'ember 7119,94 in support of the proposal has been received and is enclosed on pages j( through / The Advisory Planning Commission recommended approval of the rezoning from Agricultural to R-1, single family The Commission also recommends approval of the preliminary subdivision subject to the nine conditions set forth in their minutes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a rezoning of 1.72 acres from A (Agricultural) to R-1 (Single Family) located north of Deerwood Drive and west of Pilot Knob Road and 2) a preliminary subdivision consisting of 3 lots on 1.72 acres for PID #10-02100-030-03 located north of Deerwood Drive and west of Pilot Knob Road in the northwest quarter of Section 21 subject to the conditions recommended by the Advisory Planning Commission. (7E • PAGE 11/ADVISORY PLANNING COMMISSION MINUTES October 25, 1994 REZONING - 'PRELIMINARY -PLAT _SIGNATURE PROPERTIES, -INC Voracek opened the next public hearing of the evening regarding a Rezoning of 1.72 acres from A (Agricultural) to R-1 (Single Family) located north of Deerwood Drive and west of Pilot Knob Road in the NE; of Section 21 and a Preliminary Plat consisting of 1.72 acres and 3 lots for P.I.D. #10-02100-030-03 located north of Deerwood Drive and west of Pilot Knob Road in the NA of Section 21. Project Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staff's planning report dated October 3, 1994. Mr. Ridley noted the background and history of the proposed use and subject property, the existing conditions of the subject property, the surrounding uses and compatibility therewith, and the proposed site plan/plat. Ridley noted that the principle issue with respect to this item is the width of the private driveway that shall serve as access from Clippers Road to all three proposed lots. Ridley stated that the City staff and Eagan Fire Marshal recommend a 20 -foot minimum width, whereas the developer requests the width at 18 feet. Ridley further noted that the Tree Preservation Plan as submitted by the applicant is not acceptable and a revised Plan to be submitted within the next week is anticipated. The applicant, Don Lentsch, stated that he is in agreement with the staff's planning report with exception to the recommended width of the private driveway. Mr. Lentsch noted that this access is a private driveway rather than a private street. Mr. Lentsch further noted that the City Code requires a 12 -foot width of private driveways. Mr. Lentsch further noted that across Clippers Road from the subject property four homes are serviced by two private drives that are both 16 -feet wide. Michael Petrulo, a resident at 3950 Clipper Road, stated that he is a property owner of the lot adjacent to Lot 1 of the proposed preliminary plat. Mr. Petrulo noted that the private driveway across the street from the subject property have straight access whereas the applicant's proposed driveway has a curved access. Mr. Petrulo further stated that he and other surrounding property owners have no opposition to the proposed use (single family) but to the proposed preliminary plat (layout of the lots). Mr. Petrulo noted that every house in the Sherwood Downs development face Clippers Road, but the house on the proposed Lot 1 of the proposed preliminary plat would be backing up to Clippers Road. He opined that the placement of the house on Lot 1 as proposed would be out of place with the surrounding use and thus not be compatible. Mr. Petrulo further expressed concern PAGE 12/ADVISORY PLANNING COMMISSION MINUTES October 25, 1994 regarding drainage from the subject property down the hill into his property. Finally, Mr. Petrulo expressed concern regarding the first preservation of the trees and vegetation on the subject property. Member Miller inquired with Mr. Petrulo as to how the surrounding property owners would benefit from the driveway being 20 feet as opposed to 18 feet. Mr. Petrulo stated there would be no benefit, but emphasized that their concern is not the width, but the location. Mr. Petrulo explained that the neighbors' concern is the proximity of the driveway and the Clippers Road/Deerwood Drive intersection. Ken Anderson, a resident at 3951 Clippers Road stated that he has observed on previous occasions, emergency vehicles having to do unnecessary maneuvers in order to gain access to the existing driveway. Mr. Lentsch stated that the three lots as proposed in the preliminary plat is the best use of the subject property. The applicant explained that the steep grades of the subject property prevent the relocation of the proposed access and the proposed home pads. In response to Chairman Voracek's inquiry, Project Planner Ridley stated that the proposed Lots 2 and 3 are located at the high point of the property which then falls to the west. Thus, the proposed location of the houses will be on the ridge. Ridley further advised the Commission that if the applicant were to reshift the locatio of the proposed homes, there would be a greater loss of trees and vegetation. Voracek further inquired with City staff as to the exact location of the proposed driveway with respect to the Deerwood/Clippers Road corner. City Engineer Foertsch stated that there is a 40 -foot separation from the driveway to the Deerwood curbline. Foertsch opined the Fire Marshal examined the turning radius from Deerwood. Foertsch further advised that there are other locations within the City of Eagan that have less distance between a driveway and a corner. Foertsch concluded that there is sufficient turning radius for normal traffic from the corner to the driveway. Heyl moved, Segal seconded, a motion to approve the Rezoning of 1.72 acres from A (Agricultural) to R-1 (Single Family) located north of Deerwood Drive and west of Pilot Knob Road in the NE; of Section 21. All approved in favor. Heyl moved, Segal seconded, a motion to approve the Preliminary Plat consisting of 1.72 acres and 3 lots for P.I.D. 110-02100-030-03 located north of Deerwood Drive and west of Pilot Knob Road in the NW; of Section 21, subject to the following conditions: PAGE 13/ADVISORY PLANNING COMMISSION MINUTES October 25, 1994 ,Standard Conditions. 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B2, B4, Cl, C2, D1, El, F1, G1, and H1. Variance. 2. A variance of 37' to the minimum lot width at the building setback line for Lot 2. Access. 3. Direct access to Deerwood Drive is prohibited. 4. Access to the three lots shall be provided via a 20' wide private driveway that connects to Clippers Road. Easements/Utilities. 5. The developer shall provide a private ingress/egress easement over the private drive. This easement shall include the City as a third party beneficiary and be submitted for review by the City Attorney's office and recorded with the subdivision. 6. The developer shall provide private easements over private sewer and water services that cross lot lines. 7. The developer shall locate and abandon all septic systems and wells in accordance with Dakota County and City requirements. Park Dedication. 8. A cash park, trail, and water dedication. Tree Preservation. 9. The developer shall submit a revised Tree Preservation Plan for review prior to Council action. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 3, 1994 CASE #: 21 -PP -33-9-94 APPLICANT: Signature Properties, Inc. HEARING DATE: October 25, 1994 PROPERTY OWNER Donald C. Lentsch Jr. PREPARED BY: Mike Ridley REQUEST: Rezoning, Preliminary Subdivision (Lentschs Deerwood Pointe) LOCATION: NE 1/4 Section 21 COMPREHENSIVE PLAN: D -II, Multiple Residential (0-6 units/acre) ZONING: Agricultural, (A) SUMMARY OF REQUEST Signature Properties is requesting approval of a Rezoning from A to R-1, Single Family and Preliminary Subdivision consisting of 3 lots on 1.72 acres for parcel PID# 10-02100-030-03 which is located north of Deerwood Drive and west of Pilot Knob Road at 1475 Deerwood Drive. AUTHORITY FOR REVIEW City Code Chapter 13, Section 13.20, Subd. 6. states: In the case of subdivision, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. Planning Report - Deerwood Pointe October 25, 1994 Page 2 F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. BACKGROUND/HISTORY There have been no previous development proposals for this property. The site had contained a single family home (George Dougherty) that was demolished within the last year. Except for the south side of the property, the entire parcel is surrounded by the Sherwood Downs development, which was subdivided in 1990. EXISTING CONDITIONS The site contains 28 significant trees and two woodland masses. The southeast corner of the site is the high point, from there the land falls a few feet to the north and approximately 24' to the west. There is an existing gravel driveway from Clippers Road that had served the old house. Planning Report - Deerwood Pointe October 25, 1994 Page 3 ,SURROUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property: North - Sherwood Downs; zoned and guided Single Family South - Engstrom's Deerwood Addition; zoned and guided Single Family East - Sherwood Downs; zoned and guided Single Family West - Sherwood Downs; zoned and guided Single Family EVALUATION OF REQUEST A. Rezoning The proposed rezoning to R-1 and the maximum density of 3.6 units/acre allowed in that zone fall within the density allowed by the Comprehensive Guide Plan designation of D -II, Multiple Residential 0-6 units/acre. All of the property surrounding the subject site has developed as single family residential and the majority of this property is also guided D -II. B. Preliminary Subdivision Compatibility with Surrounding Area - The proposed subdivision is an in -fill development that will complete a residential area with 3 single family lots that will be consistent and compatible with this specific area and the general vicinity as well. Density - The proposed subdivision results in a density of 1.74 units/acre, which falls within the maximum allowed R-1 zoning density of 3.6 units/acre. Lots - The lots all exceed the 12,000 s.f. minimum lot size requirement of the R-1 zoning district; however, the applicant is proposing a variance to the 85' minimum lot width at building setback for Lot 2, Block 1. Primarily due to difficult grades, the lots have been configured in a way that results in Lot 2 having a width of 48' at the 40' building setback. This variance will not have a discernable impact on the development because each house pad will have a minimum setback of 70' from Deerwood Drive. The proposed lots vary in size from 18,830 - 23,170 s.f. Setbacks - The lots proposed are large enough to meet all standard R-1 setback requirements. Planning Report - Deerwood Pointe October 25, 1994 Page 4 Access - The applicant is proposing to provide access to each of the three lots via a private drive from Clippers Road. Direct access to Deerwood Drive is not proposed and should not be allowed. The developer originally proposed a 16' wide drive and staff requested the plan be revised to widen the drive to 20'. The developer revised the plan showing an 18' wide private drive. The Eagan Fire Marshal has met with staff and the developer and it has been determined that a 20' minimum width is necessary to provide adequate access to each lot for emergency vehicles. The developer should revise these plans to incorporate a 20' wide private drive. The City Code provides that private drives serving 4 or less units can be served by a 12' minimum width private drive; however, staff has interpreted the intent of this provision to apply to multi -family developments where smaller width private drives extend a short distance from a standard width street to serve a 4 or less unit cluster. The private drive proposed by the applicant extends 280' from Clippers Drive to the east. The developer should provide a private ingress/egress easement (that includes the City as a third party beneficiary) over the private drive. This easement should be submitted for review by the City Attorney's office and recorded with the subdivision. Grading/Wetlands - The Grading Plan submitted is acceptable. House pad preparation will result in cuts that range from 3' - 10'. These cuts, utility work, and private drive construction result in the majority of the site being disturbed. The developer should be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. There are no jurisdictional wetlands on this site. The developer should also be required to locate and abandon all septic systems and wells according to Dakota County and City requirements. Tree Preservation - The Tree Preservation Plan submitted is not acceptable. The developers anticipated tree loss does not appear accurate. The plan does not delineate grading limits, tree protection measures, or significant woodlands. The developer should submit a revised Tree Preservation Plan to be reviewed and approved by staff prior to City Council action on this preliminary subdivision request. Parks/Trails - This development is in Park Service Area 21. The City has not been looking for park land in this area nor does the City's Trail Plan reflect a trail connection to existing trails along Pilot Knob Road or Deerwood Drive. Therefore, a cash parks and trails dedication recommendation by the Advisory Parks, Recreation, and Natural Resource Commission seems appropriate. Planning Report - Deerwood Pointe October 25, 1994 Page 5 Utilities - With minor modifications, the Utility Plan submitted is acceptable. All sanitary sewer service will be provided from an existing 8" sanitary sewer line in Clippers Road. Water service for Lots 1 & 2 will be provided from an existing 8" watermain in Clippers Road, while water service to Lot 3 will be provided from an existing 18" watermain in Deerwood Drive. The developer should provide a private easement over any services that cross lot lines within this development. Storm Drainage/Water Quality - Storm drainage from this site will flow southwest, overland to two existing catch basins in Clippers Road and then is piped to Pond BP -29.2, a sediment basin located west of Clippers Road and north of Deerwood Drive, and then on to Blackhawk Lake. Pond BP -29.2 was constructed as part of the Sherwood Downs development to treat runoff from this area. Because site drainage flows to a sediment basin and the amount of runoff generated from this site post: development will have little impact on high class water bodies downstream, staff is recommending a cash water quality dedication. Permits - The developer will be responsible for ensuring that all regulatory agency permits (MPCA, Mn Dept. of Health, MWCC, Dakota County Highway Department, etc.) are obtained prior to final subdivision approval. SUMMARY/CONCLUSION The proposed zoning and subdivision are consistent with the Guide Plan designation and the land use will be compatible with that existing in the area. City services and access are available to serve the site. The proposed access via a private driveway is acceptable provided the private access easement and driveway are 20' wide. The Tree Preservation Plan lacks elements required by the Policy and the number of trees to be saved needs to be reviewed. ACTION TO BE CONSIDERED To recommend approval/denial of a rezoning of 1.72 acres from Agricultural to R-1 Single Family. and To recommend approval/denial of the Lentschs Deerwood Pointe Preliminary subdivision consisting of 3 lots on 1.72 acres subject to the conditions listed below. Planning Report - Deerwood Pointe October 25, 1994 Page 6 CONDITIONS OF PRELIMINARY PLAT APPROVAL Standard Conditions 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B2, B4, Cl, C2, D1, El, Fl, G1 and H1. Variance 2. A variance of 37' to the minimum lot width at the building setback line for Lot 2. Access 3. Direct access to Deerwood Drive is prohibited. 4. Access to the three lots shall be provided via a 20' wide private driveway that connects to Clippers Road. Easements/Utilities 5. The developer shall provide a private ingress/egress easement over the private drive. This easement shall include the City as a third party beneficiary and be submitted for review by the City Attorney's office and recorded with the subdivision. 6. The developer shall provide private easements over private sewer and water services that cross lot lines. 7. The developer shall locate and abandon all septic systems and wells in accordance with Dakota County and City requirements. park Dedication 8. A cash park, trail, and water quality dedication. Tree Preservation 9. The developer shall submit a revised Tree Preservation Plan for review prior to Council action. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements _ 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Traits Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25. 1987 LTS#5 STANDARD.CON City Council September 15, 1987 Revised: July 10. 1990 Revised: February 2. 1993 FINANCIAL OBLIGATION - Lentsch's Deerwood Pointe The parcel has deferred senior citizen assessments with principal balances totaling $19,852. Interest on these assessments in the amount of $13,144 has accrued on these deferred assessments through 1994. The total obligation is $32,996. At this time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Storm Sewer Trunk S.F. .074/Sq Ft 38,353 Sq Ft X2,838 LOCATION � o7 ZONING GUIDE PLAN H O DEERWOOD w e n to et III•tetial »•-,L36.1S A rta CIYOLI S I3ddf'tD 714 ••••• 1., . sM i Oc) w Ci r 1 • • •• • :1 ti W 1� r I- 1 [ I. fig hit h[ �,[I[ RD; • 4. 5 0040N .1J L. LJ V W CC grI;TRrat. ,., r ..„,..._ .G.. i.c..ii W' Z 110 1111.•1111. II/ WOW Min sm.,/ Mt uwv• n, 1 N91i30 w '>NIY)i Nl:iNt 1NnOn.d?Jbd a. 0 c W D • 1 • • .o1'ri► W ••••••••..-�_ dente j 1 . I de.10 • int 9YO 'ta3dd113' ((d M w. r w r �•� wri.�i � � -- 110111 W111113 w z 41. .•..H1 nit iM W 1.1 FI Illi VIOSIMwr Will • 3111000N 1,141 P•1 1Si0 DP 0NIY971V1Ni 1N(lOYV VWdd 1i/yw n1 I101•;U► �11�Y: l.1LW.Yi1G Oi �irY GJIL71%o�OJid oy(J' r%Iri san>raima 1Mr1••N/j� r+�s Z aa-mrm pros 'S213dd1132 •u.wu11 ID b i w • JP -IO 820. 830 A BP -3 889.9 905.2 E� BP -25 BP -4 924.0 �/ 874. 9272 aa' � 886. P -5.I '-24 �ATFO PI OAKS_1 FIGURE No. 17 STORM SEWER LAYOUT MAP CITY OF EAGAN \t)._ LP -43 851.1 853.5 PROJECT SITE LEGEND MONO AREAS Ic> STOINI SEWERS - STOW SWIMS IIITTIMA• STORM LIT STATION Grnrq) IRMA I.FT STATION Its• STORY POROE YAN TIMOR DIVISIONammo ToNTINAD • 0 POND NORMAL WATER LEVEL . . . .. . 100.0 SAID NON WATER LEVEL • 100.0 OVERLAND DRAINAGE MUTE E DEERWOOD z 0 a 0 mZ JC Ow a U Q .1 cc U = =�w W Er- Storm Sewer Trunk ••.•.'.% • •• •••••ii••• * •••• r --) fl.O• oo oce — «1 V .t sa....... 1 g CV • (MN St13d4I13 i 11 1 _ 1 tt3 I it 0 Ef 'R WOOD 4.1 1iI1 • PARAIJO U N T ENGINEERING & DESIGN Date: October 12, 1994 To: Mayor, City Council and Planning Commission From: Bob Wiegert Re: Deerwood Pointe A couple of elements of the proposal are a concern to City staff, and may require variances, as discussed below: o A close review of the Grading, Utility and Tree Preservation Plan indicates the site has steep slopes to the west and south, tree cover to the north and east, and restricted access to the north, east and south. The buildable area of the site is restricted to the ridge line running in an east/west direction approximately in the center of the site. The three house pads are proposed to be constructed on this ridge line with the private drive paralleling Deerwood Drive. The common lot line for Lots 1 and 2 is required to be located as shown to allow the house pad for Lot 1 to be constructed on the ridge line. The remaining area of Lot 1 is unbuildable due to the 3:1 to 5:1 slopes. An attempt to locate the house pad for Lot 1 perpendicular to the private drive did not work due to the remaining steep slopes. The driveway for Lot 1 is located on the only other mild slope on the lot. The configuration of Lot 1 greatly impacts the frontage width of Lot 2, however, it does not impact the buildability and the desirability of Lot 2. Due to the restricted access onto Deerwood Drive, the frontage width has little meaning for this plat. Due to the need to locate the private driveway on gentler slopes than the 3:1 slopes paralleling Deerwood Drive, all of the house pads are setback a minimum of 70 feet. The house pad for Lot 2 will be setback approximately 105 feet from Deerwood Drive. The setback width for Lot 2 at this point is 85 feet. Due to the unique characteristics of the site, limited street access points and the deep house setbacks, a variance to the lot frontage width is requested. o The private driveway is proposed to have a width of 18 feet. City staff has requested a 20 foot width due to some concerns regarding fire truck access. The Subdivision Regulation Code (Chapter 13) requires a 12 foot wide private street serving four or- fewer lots. The applicant originally proposed a 16 foot wide private street and is proposing a compromise of 18 feet, which greatly exceeds the minimum requirements according to the code. 556 E. NEVADA AVENUE ST. PAUL, MN 55101 (612) 771-0544 FAX: 776-5591 11� August 25, 1994 Mr. Ron Voracek City of Eagan, Planning Commission 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Voracek, We, the residents of Sherwood Downs and the Deerwood Development are writing you regarding the disposition of the vacant property luxated within Sherwood Downs and bordered by Deerwood Drive, Clippers Road and Horseshoe Circle. Word of the recent sale of this property by George Dougherty/Veterans Administration to an undisclosed buyer along with increased activity on the property (surveyors and potential contractors) has prompted the residents to formulate a position on the future development of this parcel. Thus, enclosed you will find a petition signed by every resident on Clippers Road, Horseshoe Circle, and the Deerwood Development Residents with exposure on Deerwood Drive. The Petition states that the Residents are unanimously and strongly opposed to any type of Multi -Family Dwelling Structure on the aforementioned property. In addition, we have serious concerns regarding the existence of hazardous waste deposits on the property and the possibility of soil contamination. Also, we have questions about the regulation and supervision of any hazardous waste removal and cleanup. We realize that the developer has not formally filed any plans with the Planning Department or approached your committee. Still, we are expressing our position early in this process to assist the developer and the Planning Commission in their decision-making approach. We invite any response from your committee or the Developer. Respectfully submitted, ,. Michael J. Peffulo, on behalf of the Residents of Sherwood Downs and Deerwood Note: Please forward any responses to Mike Petnilo, 3950 Clippers Road, Eagan, MN 55122 Phone: 686-9734 (Di Barb Thomas, 1421 Appaloosa Trail, 454-2857 ) l(� �) 111V,, 13L) ?u,Q_ o- CQA cui RiL ot htuk-u_T 60-e_s&A:AA QA„,s, vct-- e- 0-6 Q. DA -PA-4 Ir'�d 4 -Icor it yn 1. �aw07- I Lz3( ),N/j - J• 204 -7. G. to. Aibt 11 • JA4'7 7 % )')eeic f t o� . )3- 16. �p 17- ,o. 1. 3 . as 26 ;2,7 U� lug\ y/7 /L,/1 104 �t jc /v30 07r42-' Com- act,y )9_33 /Y.7I @b.v_ ids I y a9 /�0..- -.-�.: / /'?J ece /9/?f /31-/ «Jij44,, &IL fr / ,A(_7lx, /oos /Cifie+lt'ms4 % rte; f / 0011 k DSO_, 7 i rad. C 9{ ,-(er .Lika t; ate% //3 r'•gr sz rx , t .) /437- 3953" 4 3- _3g53" ' '-cifx.-c r1 Or (.1 P.I#ra o J. . -)-v- ir 31. wi,tAt 3z. & - 6,- ,77.577 C24ecez. 06W, 3 °.i 7 ie3e2vZ f 3950 C 11,( .o ,' (5 ,/L/, cifpf ,t (Ye/gat-4 . /'<./ q25 �' :r 10 A Ty ) /5'25 ,,z evel i.R:f t 4,- 14 S-() 5t.'"Acii-eu �i. • n /. L a 01(45 ,Z- ONu.•�-- r (95 tywyie ' (59'?_ C ', /mob re. 5 £ f7b C ..!c ts'e 54-e c7..-(4. N0(r- /e /�rrwe L[ie c r c Qv L9 6/(7,-.)E f! -D Cf Cj - 3 35 C:L(ppQ-' 3 73 s C -e -L /ec(' /9/ 7 ,joss _dee (-?/- -",9 (4.7 (L pi/et /' 07„. t(f 7tr gc/ r1,; y0,1 ,,,JaK' i' Li; / ,zzijo 3750 0_/: 's /'oq / RECE Iv_ t' P.! if ; TORE t.4't 0 R IES,INC November 7, 1994 Mayor Tom Egan City of Eagan 3830 Pilot Knob Road Eagan, MN. 55122 RECE N O V 0 b 1gq4 Regarding: Lentschs Deerwood Pointe -1475 Deerwood Dr. Dear Mayor Egan: The residents of Sherwood Downs and Engstrom Deerwood Addition listed below, who live near the property referenced above, are in support of the Lentschs Deerwood Pointe plat as proposed by Signature Properties, Inc., the applicant. The undersigned request the City Council approve the plat as submitted. Name MAW' WO ftfyli.e VIP" TIP eldri/i4 1414.f a3a-7,41- Ai GRAMMY S' erely c. . Donald C. Lent J l�q� Proper Owner tsL Address 5 /S7_ re;?,5- A� - e, 3 39 l ✓ s� � Alesf'dL C,k t • IRECEVED NOV U b 1994 "I5/q4 Page 2 .C.LtioPL.�,nwc40L. A vcC� �a_Wns re- �k�� c�e„eoa�n�.�- fku., proP-�. &/4/ -OL r ______J,7 ee4'woo o. DA & apppfAA___apczioc_ Co& dPz�iL<.beec tin �, . �clu�. p ____Catfith.)kDo_n 4 N pry _____Y ___7 y_z ./t H3?. fitr sf r- /.vz> 69 ?,L -//3, /4/3 /4..- c t k ik__ 14-6Z-L.I,10 1437 p 9D__ (083-cigLi3 )4?9- k, li....-f-47a- ‘ae':2z-e,z-- 1,( so ..,. eka.- ate ,J7J1,,,__, 6,q3-_,433 z -I -s-9-705 4,1,6 yl,b7,4,11 454-I1as 1( 01- 014d l'qii-i 6?7-o-/1a' P1 Pi e _l��. ys.2-)0,1,-- /y/o ,{.4.4kel- 7 i -i 5-q --. 8- 7 I V L! a,/ /m5a 7 G /SF3o C)$io - 70 63 /1(3_3 (4' t ---gj---------4---p 88 -6 --------511;;/.fi ,r,,.. u,.-. c---,2-sit 7y. 6.TI-1771 777/ 0-6-?(/ Oty Page 3 5FV‘ C/ 5 Rd 32f? 64,/w512-1 g123-2 (///// NIP idII✓� h lOas(.. 2717 RECErivED NOV L 1994 Agenda Information Memo November 15, 1994 City Council Meeting FINAL PLANNED DEVELOPMENT/PRELIMINARY SUBDIVISION/ CONDITIONAL USE PERMIT/VARIANCE TOWN CENTRE 100 FIFTEENTH ADDITION/RED ROBIN INTERNATIONAL B. Final Planned Development, Preliminary Subdivision, Conditional Use Permit & Variance, :Red Robin Restaurant/Town Centre 100 Fifteenth Addition --Red Robin Restaurants is requesting a final planned development within the Eagan Heights Commercial Park Planned Development; a preliminary subdivision of one lot on 2.33 acres proposed as Town Centre 100 Fifteenth Addition; a conditional use permit to allow the sale of liquor, 3.2 beer and wine; and a variance of one foot to the required ten foot minimum parking stall width, all located on part of Outlot Town Ce 100 First Addition. The staff report on this item is enclosed on pages IZ through (J/ The Advisory Planning Commission conducted a public hearing on this matter at its meeting of October 25, 1994. The minutes of the Planning Commission meeting are enclosed on pages 1J(1t The Advisory Planning Commission recommends approval of the preliminary subdivision, final planned development, conditional use permit and variance. The comments of the Advisory Parks, Recreation & Natural Resources Commission will be considered at their meeting on November 14. Their conclusions will be brought forward to the City Council at the Council meeting on the 15th. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a preliminary subdivision consisting of 2.3 acres with one lot for a restaurant and a variance to the parking stall width located in the northeast quarter of Section 15 subject to the three conditions set forth in the Advisory Planning Commission minutes, 2) a final planned development for Red Robin Restaurant subject to conditions 4-21 set forth in the minutes of the Advisory Planning Commission, and 3) a conditional use permit to allow liquor, 3.2 beer or wine, subject to the two conditions set forth in the minutes of the Advisory Planning Commission. L -CU -►I.-1 911 PAGE 14/ADVISORY PLANNING COMMISSION MINUTES October 25, 1994 =CONDITIONAL USE PERMIT, PRELIMINARY PLAT AND A FINAL PLANNED DEVELOPMENT AND VARIANCE _TOWN CENTRE 100 FIFTEENTH ADDITION ,RED ROBIN INTERNATIONAL Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow liquor, 3.2 beer or wine, a Preliminary Plat, and a Final Planned Development consisting of 2.3 acres with one lot for a restaurant and a Variance to the parking stall width located in the NE; of Section 15 on the south side of Yankee Doodle Road and the east side of Yankee Place. Project Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staff's planning report dated October 18, 1994. Tyree noted the background and history of the Eagan Heights Commercial Park Planned Development and the subject property, the existing conditions of the subject property, the surrounding uses and compatibility therewith, the proposed site plan, and the storm drainage, water quality, utility, access, and signage issues. The owner of the subject property, Martin Colon, stated that the proposed site plan meets all the concerns of the APC and the City Council which were noted when the Mann Theater proposal was approved. Colon noted, however, that originally the subject property was for two uses but with the proposed use of the Red Robin Restaurant, only one use will be on the subject property. Colon further noted that the subject property's proposed parking is consistent with the requirements set forth with the Mann Theater parking conditions. Colon further noted that Mann Theater and Red Robin Restaurants are proposing to share a pylon sign. A representative of Red Robin Restaurant was also present and presented a brief background and description of Red Robin Restaurants. The representative further noted that the proposed Red Robin Restaurant in Eagan is the first twin city location. The representative also noted that most of the Red Robin sites across the country require 120 to 150 parking spaces during the dinner hour. Accordingly, to comply or meet with those expectations, the applicant needs a one -foot variance in the parking stall requirements in order to obtain 120 parking spaces. Member Merkley inquired with City staff whether the Code's 10 -foot parking stall width requirement meets the needs of the proposed use to which Project Planner Tyree stated that the Code does not meet the applicant's needs. t PAGE 15/ADVISORY PLANNING COMMISSION MINUTES October 25, 1994 Member Heyl moved, Wallace seconded, a motion to approve the Preliminary Plat consisting of 2.3 acres with one lot for a restaurant and a Variance to the parking stall width located in the NE; of Section 15 on the south side of Yankee Doodle Road and the east side of Yankee Place, subject to the following conditions: Standard Conditions. 1. The Developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al,. B1, B2, B3, B4, Cl, C2, C4, El, F1, G1, and H1. Right of Way. 2. Dedicate the additional 15' of right of way (for a total of 75' half right of way) for Yankee Doodle Road. Access. 3. Restricted Access on County Road 128 - Yankee Doodle Road. Final Planned Development: Sagan Heights Planned Development. 4. A 8,116 s.f. Red Robin Restaurant is approved to be developed on Lot 1, Block 1, Town Centre 100 Fifteenth Addition. 5. The Final Planned Development Agreement for this lot shall be executed prior to final plat approval. The following exhibits necessary for the Agreement shall be provided as part of the final plat of this property: *Final Site Plan *Final Building Elevation Plan *Final Signage Plan *Final Landscape Plan ,Signage. 6. The proposed pylon sign must be located a minimum of 10' from each property line. 7. The proposed pylon sign be in conformance with the Town Centre Pylon Sign Agreement. PAGE 16/ADVISORY PLANNING COMMISSION MINUTES October 25, 1994 ,Sidewalks/Trails. 8. Revise the plans to show the 6' sidewalk location along Yankee Place. 9. Revise the site plan to show the trail north of the pond to be a minimum of 8'. 10. Revise the site plan to show the north/south trail on the east property line to be a minimum of 8'. 11. Revise the site plan to show the location of the trees of the existing trees along the common property line between this development and Blue Cross/Blue Shield. 12. The revised site plan shall indicate a connection between the building sidewalk and the pond footpath. parks Dedication. 13. A trail connection shall be made along Yankee Place and around the north edge of Pond DP -2020. Landscaping. 14. Provide a revised landscape plan showing a mixture of tree species. 15. Place the entire berm within the 20' landscaped area along the north property line abutting Yankee Doodle Road. 16. Replace the proposed grass type shown between the trail and Pond DP -20 with a wetland species. 17. All landscaped areas shall be served by an underground irrigation system. Tree Preservation. 18. Provide 28 Category "C" wetland species trees along the north edge of Pond DP -20 as mitigation for the 100% removal of the significant woodland resource located there. Water Ouality. PAGE 17/ADVISORY PLANNING COMMISSION MINUTES October 25, 1994 19. A Pond Excavation Plan for Pond DP -20 must be submitted and approved by the City's Water Quality Resources Manager indicating a minimum of 850 cubic yards of material be excavated and removed from the pond. Xasements/Richt of Way/Permits. 20. Obtain necessary permit from the Dakota County Highway Department to allow the open cutting of Yankee Doodle Road for watermain connection. parking Lot. 21. The parking/drive aisles shall be maintained. All approved in favor. Member Heyl moved, Wallace seconded, a motion to approve the consisting of 2.3 acres with one lot for a restaurant and a Variance to the parking stall width located in the NE; of Section 15 on the south side of Yankee Doodle Road and the east side of Yankee Place, A11 approved in favor. Member Heyl moved, Wallace seconded, a motion to approve the Conditional Use Permit to allow liquor, 3.2 beer or wine, subject to the following condition: 1. The Conditional Use Permit shall be approved for the sale of liquor, 3.2 beer and wine for Town Centre 100 Fifteenth Addition. 2. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording provided to the City. A11 approved in favor. Member Heyl moved, Wallace seconded, a motion to approve the requested Variance to the parking stall width located in the NE; of Section 15 on the south side of Yankee Doodle Road and the east side of Yankee Place. All approved in favor. city of eagan MEMO TO: Ron Voracek, Advisory Planning Commission Chair Advisory Planning Commission Members FROM: Shannon Tyree, Project Planner DATE: October 20, 1994 SUBJECT: Town Centre 100 Fifteenth Addition - Red Robin Restaurant. This item was scheduled on the October 17, 1994 Advisory Parks, Recreation and Natural Resources Commission Meeting. Discussion on this item focused on the 100% woodland removal and the potential relocation of the building and/or removal of parking spaces to lessen the impact on the trees. The action by the Commission was to defer this item to a Natural Resources subcommittee meeting (no date has been set) for further examination. The developer fully intends to comply with the replacement guidelines (28 Category "C" trees) for the removal of the significant woodlands in addition to the required landscaping. The City has a responsibility to process development applications in a timely manner affording the developer due process. Therefore, the Natural Resources subcommittee findings will be brought forward to the full Parks Commission on November 14, 1994. The City Council will then hear this item on November 15, 1994. If further information is needed please advise. Project Planner PLANNING REPORT CITY OF EAGAN REPORT DATE: October 18, 1994 CASES: 15 -PP -28-7-94 15 -CU -11-7-94 15-V-15-9-94 APPLICANT: Red Robin Restaurant HEARING DATE: October 25, 1994 PROPERTY OWNER: MGC Partnership PREPARED BY: Shannon Tyree REQUEST: Final Planned Development, Preliminary Subdivision, Conditional Use Permit, Variance -Town Centre 100 Fifteenth Addition LOCATION: Outlot G, Town Centre 100 First Addition COMPREHENSIVE PLAN: CPD - Commercial Planned Development ZONING: Planned Development - Community Shopping Center SUMMARY OF REOUEST Red Robin Restaurants is requesting a Final Planned Development within the Eagan Heights Commercial Park Planned Development; a Preliminary Subdivision of one lot on 2.33 acres proposed as Town Centre 100 Fifteenth Addition; a Conditional Use Permit to allow the sale of liquor, 3.2 beer and wine; and a Variance of 1' to the required 10' minimum parking stall width, all located on part of Outlot G, Town Centre 100 First Addition. AUTHORITY FOR REVIEW A. Subdivision. City Code Section 13.20 Subd. 6 states that "In the case of subdivision, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto:" A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of the development. 1;g Planning Report - Town Centre 100 Fifteenth Addition October 25, 1994 Page 2 E. That the design of the subdivision or the proposed improvements is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not .likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgement of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public. B. Final Planned Development. Chapter 11, Section 11.40 Subd. 6, D.,nal Development Plans states: "prior to the construction or the issuance of building permits, the following information shall be approved. This may be approved in stages as development ensues: 1. Final Plat: This shall be accordance with Chapter 13 of the City Code and revisions thereto. 2. Final Building Drawings and Specifications: These shall be presented to the Building Inspector for review and recommendations to the Planning Commission and Council. 3. Final Site and Landscape Schedule: These shall be presented to the City staff for review and recommendations to the planning Commission and Council. These shall be scaled drawings and include all site detail. ia9 Planning Report - Town Centre 100 Fifteenth Addition October 25, 1994 Page 3 C. Required Standards for Conditional Use Permits: 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. 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 Outlot G, Town Centre 100 First Addition was platted April 6, 1985. The Planned Development Agreement was approved in June 6, 1985. This original Planned Development Agreement had designated this as Area 2 - CSC Uses. Until recently Outlot G had remained vacant, however the development of the Mann Movie Theaters (Town Centre 100 Twelfth Addition dated December 21, 1993) subdivided the outlot and left the remaining approximately 2.33 acres (remains part of Outlot G) for development. (Planned Development Amendment dated December 13, 1993). A condition of the Planned Development Agreement was that the area where this proposed building is located (east half) could not develop until one year after the certificate of occupancy for Mann Theater was approved to examine the parking for Mann Theater. When this condition was created it was with the understanding that Federal Land Company would develop two restaurants on the 2.33 acre site. Red Robin is developing the entire site north of the theater. 13D Planning Report - Town Centre 100 Fifteenth Addition October 25, 1994 Page 4 Red Robin's original submission showed their building on the NW corner which, the Mann PD allowed develop at any time. However, as this development has progressed through the review process staff has recommended that the building be located to the east (see Final Planned Development/ Site Plan). Staff is recommending that due to the fact that the circumstances of development are more evident now than a year ago that the condition in the Third Amendment to the Eagan Heights Commercial Park Planned Development be amended to permit the development of one 8,116 s.f. Red Robin Restaurant. EXISTING CONDITIONS The site is located south of County Road #28 - Yankee Doodle Road, east of Yankee Place. A bituminous trail exists within the Dakota County right of way along the north boundary line. Pond DP -20 is located in the SE corner of the proposed lot. There is approximately 4,900 s.f. of significant woodland located on the north edge of this pond, mainly consisting of willow, box elder, and cottonwood trees. COMPATIBILITY WITH SURROUNDING AREA The entire area surrounding this property is designated to be developed as some kind of retail/commercial use. The use of a Class I restaurant is typical and consistent with the types of uses developed within a high intensity commercial district. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - South - East - West - vacant: zoned PD: guided CPD - Commercial Planned Development. Mann Movie Theaters; zoned PD; guided CPD. Blue Cross/Blue Shield; zoned PD; guided CPD. Metropolitan Financial Bank/Edina Realty; zoned PD; guided CPD. EVALUATION OF REQUEST A. Introduction. Red Robin Restaurant is proposing a 255 seat restaurant. This restaurant chain originated in the state of Washington and has been developing primarily in the Western states and Canada. B. Preliminary Plat. lAgs. The proposed Lot 1, Block 1 is 2.32982 acres. Easements/Rights of Way/Permits. The existing southern half right of way for Yankee Doodle Road is dedicated as 60'. The plat will be dedicating an additional 15' of right of way for County Road #28 - Yankee Doodle Road. The plat should also reflect restricted access to Yankee Doodle Road. The final plat shall dedicate a drainage and utility easement over Pond DP -20 up to 3' above the HWL of this pond. 131 Planning Report - Town Centre 100 Fifteenth Addition October 25, 1994 Page 5 C. Conditional Use Permit. The City Code requires a Conditional Use Permit for the sale of liquor, 3.2 beer and wine. In addition to the Conditional Use Permit, Red Robin will be required to obtain a license. D. Final Planned Development/Site Plan Introduction When originally submitted the restaurant was located at the NW corner of the site of Yankee Doodle Road and Yankee Place. During site plan review it was discovered that the building could not meet setbacks and modification of the building location in that corner was not possible. Staff suggested to the developer that the building be moved to the east side of the property and where with some modifications it could meet setback requirements and take advantage of the pond as an amenity. The developer revised the plans to utilize an effective way to locate the building near the pond while meeting setbacks, and modify the restaurant to include patio seating which the City Council had discussed during the development of the Mann Theater. Setbacks. The proposed restaurant building meets all setback requirements. The proposed parking lot meets all minimum setback requirements. Parking The minimum required parking on the site is 85, the applicant is providing 120 (including 4 handicap stalls). The westerly most twenty four stalls along the north property line and 60 interior parking stalls are angular in design. One-way drive aisles, at 16' 8" will allow the site to be designed to accommodate its relative narrowness. The angular design of the parldng lot was created to distinguish it from the Mann Theater parking lot design of all 90 degree angles. All of the non -handicapped parking stalls have been designed at a 9' width and the developer has requested a 1' variance to the minimum 10' width requirement for each parking stall provided. Building/Architecture The developer is proposing to construct a single story, brick, 8,116 s.f. building. The developer received specifications as of the colors being used by Mann Theater and have designed their colors to be similar. The building is proposed to be placed at the east end of the rectangular shaped lot. By positioning the building in this location the developer will be able to take advantage of Pond DP -20 by providing windows for interior seating and outdoor seating area on the rear of the building. The service area will be attached to the building and made of the same brick building material. Planning Report - Town Centre 100 Fifteenth Addition October 25, 1994 Page 6 Signage The proposal includes a pylon sign to be located at the north west corner of the site at the intersection of Yankee Doodle Road and Yankee Place. The general location is in conformance with the Town Centre Pylon Sign Agreement. The pylon, will be required to meet the 10' setback from all property lines. Sanitary Sewer, The proposed sanitary sewer plan is satisfactory. This development will be connecting to an 8" line located along Yankee Place which was stubbed when the theaters were constructed. The line will be privately maintained. Watermain. The restaurant will be served by an existing 18" line in Yankee Doodle Road. Because no stub was provided at the time of construction, the developer will be responsible for open cutting Yankee Doodle Road and connecting to the watermain. This will require a permit from the Dakota County Highway Department. Access/Street Design. Access to the site is from Yankee Place, through a shared access with the Mann Theater site. Permanent, non-exclusive ingress and egress easements were conveyed between MGC and Mann when Town Centre 100 Twelfth Addition was developed. No access is permitted on Yankee Doodle Road. When originally subdivided, this site had dedicated 60' half right of way. When Outlot G was further subdivided for the Mann Theater in 1994, the Council required that an additional 15' must be dedicated with the platting of this outlot. The proposed plat is dedicating the 15' of right of way. Dakota County Highway Department has reviewed this plat request and recommended the developer dedicate an additional 40' for a total of 100' half right of way. The proposed building and required parking will not fit on this site if the additional 25' of right of way is dedicated. The developer is requesting the City to approve their plan with a total half right of way of 75'. The owner will then negotiate with Dakota County when it comes time to record the plat. Landscaping The revised landscape plan is not acceptable. The plan submitted shows all ash trees in the parking area. Ash Yellow, a disease affecting ash trees, has occurred in Eagan. Staff is concerned that the root systems of the Ash trees will be so close that if one Ash tree is infected with the disease, all of the trees are likely to be at risk. Staff is suggesting using a mixture of trees including ornamental trees especially near the outdoor seating (between the building and the footpath). Additionally, the landscaping along Yankee Doodle Road should be revised to create a more cohesive plan tying in the existing landscaping theme to this lot. Both lots are developed east and west of the restaurant site. 1 33 Planning Report - Town Centre 100 Fifteenth Addition October 25, 1994 Page 7 It will be necessary to incorporate wetland type grasses from the proposed path location to the Pond DP -20. This was done with the Mann Theater project and should be continued at this site. Also, the berm shown on the north property line should be located completely within the 20' landscaped area within the property boundary and not as it is currently shown extending into Dakota County's right of way. When Yankee Doodle Road is widened a portion of the berm will be removed. Tree Preservation, The only significant woodland on site is an approximately 4,900 s. L area located along the north edge of Pond DP -20 at the southeast corner of the proposed lot. The development of the site will remove 100% of this woodland area. Thirty percent or 1,470 s.f. is the allowable amount of square footage which could be removed without replacement. The developer will be required to mitigate the 3,440 s.f. above the allowable removable. Twenty eight category "C' trees will be required for mitigation purposes. These mitigation trees are required over and above the normal landscaping requirements. Mitigation should occur at the north edge of Pond DP -20 to continue the replacement near the riparian zone around the pond's edge as the Mann Theater project will be doing. Locating the replacement trees at the ponds edge would help replace the lost vegetation which naturally occurred there. It will be necessary to locate wetland species trees at the ponds edge to promote their survival. Grading/ Wetlands. The proposed grading plan is acceptable. The majority of the site will be cut an average of 4' -5'. The area of the wetland associated with Pond DP -20 is 2.7 acres. Only a small portion of the wetlandis located on this site. The development of the restaurant will result in the filling of approximately 330 s.f. of fringe wetland at the north side of pond DP -20. This is permitted under exemption 25 in the Wetland Conservation Act which allows up to 400 s.f. of filling. To meet water quality requirements an approved pond excavation plan must be submitted to and approved by the City's Water Quality Resources Manager. A minimum of 850 cubic yards will be required as pond excavation from Pond DP -20 and removed from the pond. Storm Drainage/Water Quality. This site is located within drainage basin D, Pond DP -20 is classified as a nutrient trap which discharges into O'Leary Lake, a Class ll indirect contact lake. The site slopes toward pond DP -20. A new stormwater drainage system will capture the runoff from the site and discharge it into pond DP -20. Sidewalks/Trails The plans shall be revised to include a 6' concrete sidewalk along Yankee Place northward to Yankee Doodle Road which will be a continuance of the existing Mann Theater sidewalk. Planning Report - Town Centre 100 Fifteenth Addition October 25, 1994 Page 8 The site plan does show a 6' trail around the pond and a north/.south trail located along the east property line, Blue Cross/Blue Shield has a parking lot located approximately 5' from the property line. Within that 5' area are trees that were planted as a part of the landscape requirements. It appears that the proposed trail location may be in conflict with the existing trees. These tree locations should be identified on the site plan. The evergreens located along this property line may have to be transplanted to another :location and replaced with a deciduous tree which would not interfere with the trail. City standards for trails are a minimum of 8' and the elevation of the trail shall be above the HWL of Pond DP -20. The plan also shows a sidewalk around the front and side of the building. This sidewalk should be connected to the proposed footpath located at the north edge of the pond, allowing pedestrian traffic path access to the pond footpath. The proposed path on the north side of the pond should be constructed to a minimum width of 8'. Parks Dedication, This development has previously fulfilled their parks dedication requirements with the Eagan Heights Commercial Park Planned Development. SUMMARY/CONCLUSION Preliminary Plat - Access and City services are available to serve the site and park dedication requirements have previously been satisfied. Final Planned Development - The site layout has taken into consideration the pond amenity by proposing to construct their building where they can provide a view to their customers, provides adequate parking, internal circulation and aesthetic elements associated with the Planned Development. Revisions to the site plan and landscape plan are minor and have been identified in the staff report and as conditions to the final planned development. Conditional Use Permit - The applicant will be required to satisfy all of the necessary license requirements (investigation etc...) and will record the conditional use permit with Dakota County. Variance - The site been designed with 9' stalls to enable more parking to be constructed and to match the Mann theater site. ACTIONS TO BE CONSIDERED To recommend approval or denial of the one lot Town Centre 100 Fifteenth Addition preliminary plat, Final Planned Development, conditional use permit and variance subject to the following conditions for Red Robin Restaurant located at Town Center 100 Fifteenth Addition. Planning Report - Town Centre 100 Fifteenth Addition October 25, 1994 Page 9 Subdivision: Standard Conditions 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B3, B4, Cl, C2, C4, El, Fl, 01, and HL Right of Way 2. Dedicate the additional 15' of right of way (for a total of 75' half right of way) for Yankee Doodle Road. Access 3. Restricted Access on County Road #28 - Yankee Doodle Road. Final Planned Development: Eagan Heights Planned Development 4. A 8,116 O. Red Robin Restaurant is approved to be developed on Lot 1, Block 1, Town Centre 100 Fifteenth Addition. 5. The Final Planned Development Agreement for this lot shall be executed prior to final plat approval. The following exhibits necessary for the Agreement shall be provided as part of the final plat of this property: *Final Site Plan *Final Building Elevation Plan *Final Signage Plan =Final Landscape Plan Signage 6. The proposed pylon sign must be located a minimum of 10' from each property line. 7. The proposed pylon sign be in conformance with the Town Centre Pylon Sign Agreement. Sidewalks/Trails 8. Revise the plans to show the 6' sidewalk location along Yankee Place. 9. Revise the site plan to show the trail north of the pond to be a minimum of 8'. 10. Revise the site plan to show the north/south trail on the east property line to be a minimum of 8'. Planning Report - Town Centre 100 Fifteenth Addition October 25, 1994 Page 10 11. Revise the site plan to show the location of the trees of the existing trees along the common property line between this development and Blue Cross/Blue Shield. 12. The revised site plan shall indicate a connection between the building sidewalk and the pond footpath. Parks Dedication 13. A trail connection shall be made along Yankee Place and around the north edge of pond DP -20. Landscaping 14. Provide a revised landscape plan showing a mixture of tree species. 15. Place the entire berm within the 20' landscaped area along the north property line abutting Yankee Doodle Road. 16. Replace the proposed grass type shown between the trail and pond DP -20 with a wetland species. 17. All landscaped areas shall be served by an underground irrigation system. Tree Preservation 18. Provide 28 Category "C' wetland species trees along the north edge of pond I)P-20 as mitigation for the 100% removal of the significant woodland resource located there. Water Ouality 19. A Pond Excavation Plan for pond DP -20 must be submitted and approved by the City's Water Quality Resources Manager indicating a minimum of 850 cubic yards of material be excavated and removed from the pond. Easements/Right of way/Permits 20. Obtain necessary permit from the Dakota County Highway Department to allow the open cutting of Yankee Doodle Road for watermain connection. Parking Lot 21. The parking/ drive aisles shall be maintained. Conditional Use Permit. 1. The Conditional Use Permit shall be approved for the sale of liquor, 3.2 beer and wine for Town Centre 100 Fifteenth Addition. Planning Report - Town Centre 100 Fifteenth Addition October 25, 1994 Page 11 2. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording provided to the City. Variance - 1. To approve a 1' variance to the minimum 10' width requirement for parking stall size. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan rnust be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. ,Put►lic Improvements .1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. ,Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Othiu 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25. 1987 LTS#5 STANDARD.CON City Council September 15. 1987 Revised: July 10. 1990 Revised: February 2. 1993 uf-D FINANCIAL OBLIGATION - Town Centre 100 15th There are pay-off balances of special assessments totaling $14,893 on the parcels proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At the time, there are no pending assessments on the parcel proposed for platting. The estimated financial obligation presented is subject to change based upon areas, dimensions . and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement None Use Rate Quantity Amount RED ROBIN INTERNATIONAL N/GNV/EW PARR -ti :et FkINGTX SW PARRNo). t/P[ tt7It no s 1 tummy SE PARK 1 - TAWP/C ►'[ f t- BIRCH PT SE 3 - wwlr PT. 4 - FOREST MOCK T 5- e11014RO00 LN e- 111tOw000 ►T. P7, •0 No 1 %'A Pt PARI( WATER ISEAT-MEW rAC/[ IT P NWI NAINI tbC2 n Y CARRIAGE NW POLLS cot r COVRS[ NW /RE 0.rpT• COA/M, [Y L NW RP 1 DM TSCOT7 RC ft CADEP* •S _ CLEW 440 •ORD Ni t PO 6/041" /4/71,N PAPP tw. Mt RO Pk PT ST �, • -T? �'� JLC e1y} Tri �� aHE/� tis+a Eel ... . /• LOCATION Lt RED ROBIN INTERNATIONAL ZONING GUIDE PLAN RED ROBIN INTERNATIONAL Del -77 P.•,.■tea■�n- ;tee ,.....1 TOWN 55""7 • CENTREI� m tt { s iii 700 r- 1 1 1• iIOm4DO-� 111.1/CE ; ' U.BI m 1 •. - I _- ..w -f 1 �I 4E/ I/� . 1 4 rCU . •O I v •I �..�- 0 1., co I 0 .- \/ " I — ( YANKEE COUNTY HWY. NO. NI DOODLE • (YANKEE DOODLE ■W AOAOI' w .nue, cT! *` i1 1 OUILOT A '�L;bCK •1 4A6. • TOWN :• ? CENTRE 100 • NINTH BLOC✓. 1 ADO. -- -TOWN — ---•!ENTRE;'�•'DR1/E-- TOWN CENTRE 100 SIXTH ADD. OUTLOT A i n� v !IV - . TOWN z CENTRES l' - ' EIGHjH cA,D TM . I.... ._ •e. • We" 1ACENTRE TOWN .:;,s?rl •• O'LEARY t•S �JJ1 ;!;F \fit (C AREA MAP 1 ;: s 4 073 . W s (4s' Associates -V.anney Eagan -.Theatre .1164 z -•••=E 2 �. |! | | ! ! | ■ I t i} f ! | , .,\ • :\`l: |.|l jt rtatRtr McCPrnr $« 1l :1 !|2 • :> LJ [) LJ •® YANKEE DOODLE ROAD s+ z Btiuiuiuuu11uinnu 1 16i 3DV3d 33>INVA I I I I 1 1 I I I I I Di RECEIVED nfT - ViOU +lilt111 WYDVa LNvanvis3a N19O I anti 141 i !i F •iCr- • Iii I 11th 1111 111 111ii 11 fl I P rqi I p i : 1 !petit el :10111 : c �. t iei• t t � 1 1111:'ililliIl � i fi1 • c tip v: r hill Iii.' it rflti g u q 1 1 Olt g• g1 lily i > ° i jl J L. ti:i flit! 1 41 J1 -I tt e ! 1.•41 • 1,i 6it�3 fiiil Heal 11tif� L — �^\ 1.vs •P SR \`t ' '.- --.\ 1 MIN i 11,1112\,,,,,, 1,,, \ \\> 1 \ I 1 I 1 \ \e) \(- \\ \\ \\ \\\ \'1 \ \\\ 1 1 1 1 I 1 1 i r t \ \‘‘J t I , , v L./\\ l� il\ 1 !, 1 1 1 1 1 1 1 1 1 1 1 1 1 LLJ ,,�L,J L-I_I_Llj � �i D J *DV Cat /Se/L4 001 3CI H37 AM0/ • ,aura 3ar)d1'33.tnvr t NY14 34YZSONY1 1Vf1143NO3 YIOS3NINIw 111/0v3 iNVNflVi$3k! N190a 03k! 40\1'4 Nilo m a 7 • L7 0 cr Ial n 0 0 0 1,1 L z r 11��f`Fll III 1,1Ii11111 1$ 11x1 1 iI,llaIi 1111 !loose) leeeee e, lows 1-1.1.11 ] 1111i --•\ 30V-ld i 1>1NV k 1 iP irsiNliwouw''i�a1a ". - 1 t111111011 , %:I .mal .1. '1111:I1I !Man _ := I�su0: I N . IRum Ninth , , P�. IIIIII.;� ,p %4.: m .ice, . X1111111 11 /.r iti.7,77-:14 H g101IIJiIl i1 _, 11 �� MI RUM MI MW iw11maailn l iinq 111 In 1 Ti :4-v....i. SLI.2:f1.1 =' (SD RECEIVED r'rT I Ifil}04,0" X101 u»19N N <, ` Nil ' 0 ti 41401 1 11 A= h e- voi7... ., lit Y 4- li Pil -aI , /%I I //7i 1 room1 , I,VII ----WvAil -+r4t iiI 1_ r -10,---. =-A' ! :; ._ At VI .f -AI i - I4. ' = ,_ �"�li� Bh�110I!'ir1 alki.mii, ,ii I mewl ,y -�-" Ili' __W t i wi %. Tim :Fol r41 rzi Tit R, : V!' �i (SI Cr, D Lu U W Agenda Information Memo November 15, 1994 ADDITIONAL.; ] .................................................. ................................................. ................................................... CONSIDER AUTHORIZATION TO PREPARE FEASIBILITY REPORT (WEST LONE OAK RD) A. Project 679, Consider Authorization To Prepare Feasibility Report (West Lone Oak Road - Storm Sewer) --Mr. and Mrs. James L. Schwab (1555 Lone Oak Road) have been experiencing ongoing drainage and erosion problems since at least 1990. The structure was built in 1983 and occupied in the Sprin of 1984 on a lot split that was approved by Council action in 1968. Enclosed on pages f j3through /5 7 are copies of correspondence and topographic layout map showing the relationship of the property to the drainage way for the north ditch line of Lone Oak Road. In response to their ongoing concerns, Councilmember Awada and County Commissioner Bataglia have met with the property owners to review their concerns and address possible solutions. At a most recent meeting held on the site on November 3, the County requested the City to prepare a report that would identify the costs associated with various alternative solutions to then determine to what financial extent various property owners or governmental agencies would be willing to participate. It is estimated the cost to prepare this detailed cost estimate and assessment allocation feasibility report would be $4,400. The City Council needs to decide whether the City should finance and prepare the cost of the feasibility report to continue discussions for resolution of this situation. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the preparation of a feasibility report for Project 679 (West Lone Oak Road - Storm Sewer). S city oFecigan July 25, 1994 MS BERNIE SCHWAB 1555 LONE OAK RD EAGAN MN 55121 Re: Lot 202, Zehnders Acres Drainage From Lone Oak Road (County Road 26) Dear Ms. Schwab: THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER CounciI Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk Last week, you contacted me regarding your continual ongoing problems of erosion and sedimentation resulting from runoff from County Road 26 (Lone Oak Road) on the above -referenced property. I recalled your situation from several years ago and researched the file to find the enclosed letter from the City, dated July 23, 1990, and the County, dated August 1, 1990. I also had an opportunity to do a very quick review of your property and could see the areas of your concern. Due to a vacation schedule, 1 will not be able to meet with you and Bob Egan, of Dakota County, until the first or second week of August. However, I wanted to share with you the fife information that we had and to offer some preliminary observations that can be further discussed when we meet with you at the site. My first observation is that the erosion control performed by Dakota County appears to be effective in preventing any erosion of the bank. However, the "deflection" berm that you have constructed along your south property line appears to be eroding and washing out onto your driveway and the westem portion of your lawn. It appears the main problem with this runoff is the erosion and sedimentation that it creates. If your diversion berm were to be stabilized with large rip -rap type rock on top of a filter blanket, it appears you might be able to handle the drainage without any adverse impact. hope this response provides you with some additional information to think about. If I don't contact you by August 8, please call me and I will make sure to schedule an appointment as requested. Sincerely, Thomas A. Colbert, Director of Public Works TAC/JJ cc: Bob Egan, Dakota County (W/Enc.) Parcel File Enclosure: Letter Dated July 23, 1990 MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 65122.1897 PHONE: (612)681-4600 FAX: (612)681-4612 TDD. (612)454.8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/A7 5 AcIIon Employer 16�/ MAINTENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681-4300 FAX: (612) 681-4360 TDD: (612) 454-8535 _city of =man 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN. MINNESOTA 55122-1897 Mey« PHONE: (612) 454-8100 FAX: (612) 454-8363 July 23, :1990 MR JIM SCHWAB 1555 LONE OAK RD EAGAN MN 55121 Re: Lot 202, 2ehnders Acres Drainage From Lone Oak Road (County Road 26) Dear Mr. Schwab: DAVID K GUSTAFSON PAMELA IktCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE Ory Clerk A few weeks ago, I visited with you at your property to review the drainage concerns that you have expressed over the past years regarding the runoff from the north ditch line of County Road 26 (Lone Oak Road). Your initial concerns pertain to the erosion and the subsequent redirecting of the runoff of the water as it leaves the west end of the culvert underneath 1539 Lone Oak Road immediately to the east of your property. As you are aware, based on your concerns, the Dakota County Highway Maintenance Department re-established the drainage line by installing several cubic yards of large "rip -rap" (boulders and stones). This will help direct the runoff to the south side around the front your house where it can continue down towards T.H. 13. Enclosed you will find a topographic elevation map showing 2' contour intervals that were taken from an aerial photograph in 1966 with the lot lines and your particular house drawn in, based on legal descriptions and aerial photos. As can be seen, the natural topography has always allowed surface water runoff to discharge primarily across your lot approximately where your house was recently built. Based on this pre-existing condition, it is an inherent responsibility of the home builder and/or new property owner to adequately protect their house from this pre-existing surface water runoff. During my site visit with you, we discussed the benefits of building a protective landscaped berm across the front of your house (south side) that would help redirect this drainage around your property during high intensity peak rainfall events. While you indicated that the individual who owned the property before you purchased it and built your home stated that they never had a previous drainage problem, it is highly unlikely that any problem would have been noticed in this heavily wooded THE LONE OAK TREE...THE SYM l • ' ' D GROWTH IN OUR COMMUNITY Page 2 vacant area without the existence of a structure and landscaped area that is inherently affected by the types of storms that we recently experienced. You indicated a desire and need for the installation of storm sewer facilities along County Road 26 (Lone Oak Road). Based on the scheduled Capital Improvement Programs for the City and County, it is unlikely that this type of improvement would occur within the next five years. Therefore, you may wish to investigate further the protective landscape berming that we recently discussed. Hopefully, the recent work completed by the Dakota County '.Highway Department will help minimize any similar future problems associated with erosion and runoff. I regret that you experienced the problems that you did with the recent rainfall and hope that the action performed by the County and the information provided by the City will help you in the future. Sincerely, /1"1"-"A-44 Thomas A. Colbert, P.E. Director of Public Works TAC/jj cc: Bob Egan, Dakota County Maintenance Engineer Parcel File Enclosure i e 4 J V _i Q DAKOTA COUNTY August 1, 1990 HIGHWAY DEPARTMENT 7300 WEST 1471h STREET, SUITE 1402 RECEIVED .4tj Gi DAVID 1. E ERD . COUNTY LNC;INICR 1612) 431-1150 APPI F VALI EY, MINNESOTA 551; 4 Mr. Jim Schwab 1555 Lone Oak Road Eagan, MN 55121 Re: Lot 202, Zehnders Acres Drainage From Lone Oak Road (County Road 26) Dear Mr. Schwab: As you requested, I once again reviewed the drainage problem at your home. The rip -rap that we installed at the end of the culvertis properly diverting the water as you requested. It was my understanding that you were to then maintain the ditch after it entered your property. The asphalt flumes that we constructed in the ditch will not increase the flow or speed of the runoff. Also from the information I have received from others, I fully agree with the contents of Tom Colbert's, July 23, 1990, letter regarding this matter. Sincerely \‘95\3-°\-, Robert W. Egan, P.E. Construction/Maintenance Engineer RWE/m j 1 Encl. cc: Tom Colbert Taud Hoopingarner AN EQUAL OPPORTUNITY EMPLOYER Agenda Information Memo November 15, 1994 CONSIDER REOUEST TO FINANCE TEMPORARY STORM SEWER (RED PINE LANE) B. Project 673, Consider Request To Financ ' ryptIgrary Storm Sewer (Red Pine Lane - Pines Edge Addition) --Enclosed on pages ( is ter from the developer of the Pines Edge Addition (Shamrock Development) requesting City Council consideration of financing up to $40,355 for the installation of a temporary storm sewer system to provide drainage to the pond located on the west edge of the Pines Edge development necessary to allow the issuance of building permits within the subdivision which received final plat approval on October 18, 1994. Enclosed on page (4is a location map showing the relationship of the Pines Edge Addition to the new elementhry school and the storm sewer drainage system. In the feasibility report two storm sewer outlet alignments were identified with the alternate along Red Pine Lane (School Road) being incorporated in the final plans and contract award. However, this alternate storm sewer alignment pond outlet cannot be constructed to its ultimate design until mid -Summer 1995 due to MnDOT participation scheduling and right-of-way acquisition. Recognizing there may be a need to construct a temporary storm sewer outlet, staff designed such a system and received firm bids for its construction either yet this Fall or even during Winter frost conditions. Because this temporary storm sewer outlet is above and beyond the scope of the Council approved feasibility report project, it would require special authorization for funding or an agreement to finance from benefitted properties (Pines Edge Addition and/or school site) if their schedule cannot wait for the City's construction time table. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny City financing of up to $40,355 for the installation of a temporary storm sewer outlet to service the new elementary school and Pines Edge Addition. rs8 N0V-10-1994 08:26 FROM SHAMROCK COMPANIES R=96% November 9, 1994 TO 6814612 P.02 hoftocDcQope, kgKe. p200 MAIN STREET, SUITE 300 • COON RAPIDS, MINNESOTA 55448 . (612) 421-3500 • FAX (612) 421.1105 Mr. Tom Cobert Director of Public \ orks City of Eagan 3830 Pilot Knob Rod . Eagan, Minnesota 3122 Re: Building per it Issuance Pines. Edge Dear tom: It has recently com to our attention that the City intends to deny building permits on lots in Pines Edge t at abut the NURP pond located between the new elementary school and Pines E ge. As I mentioned to you on the telephone yesterday, this comes as somewha of a Surprise at this point in the. At no tirne during any of the discussions involving our preliminary plat, final plat or utility plan approval was it:mentioned that trunk storm sewer improvements would not be in place in time fbr us to pull building permits during the normal sequence of events two weeks ago at preconstruction meeting for our utilities: I pointed out there was no provision in the ity's contract to build "School Road° for the necessarystorm sewer tip drain any f the NURP ponds proposed p Upo by either Shamrock Development or District 196. • t was id that this was not going to be constructed until Highway 3 was upgraded. As one ould expect I expressed concern over this time schedule and its impact on the soh I and on Pines Edge. A short time after th s discovery, I was contacted by, the City and informed that the contract was being amended to include a temporary solution to the problem. I was not informed that thSchool District and Shamrock:Development would be responsible for paying the cost 4f this temporary solution; this is now expected to beroximatcel $40.,000. apP Y TOTAL P.02 1 612 421 1105 11-10-94 09:29AM P002 #07 NW -09-1994 16:08 FROM 94PROCK cor1 t4I ES TO 6814612 P.03 Mr. Torn Colbert 1 November 9, 1894 1. page 2 While IE have been nable to reach representatives of the School District prior to. writing this letter, I ould assume that they would be unwilling to share in the cost of the proposed 'tem rary solution'; inasmuch as they can essentially sidestep approval given by a munioip iityr, they can continue to build and wait until late next summer for the permanent System to put in place. As long as an emergency overflow to the easterly pond has n provided (by Shamrock Development and at its cost), the School is protected rom any damage. If Shamrock was in their shoes; we would take the same position. Subsequent to the ity Council reducing the area -wide assessments for the Improvement of Hig way 3 and School Road, we proceeded as quickly as possible to provide: the metes ry infrastructure to serve the School District with the necessary sewer and water se ice and improved second access that it .needed this fall. We are now being told that, unless we want to spend $40,000, we cannot sell or build on 50% of the lots we constiucted to give the City and School District the services they needed` this fall. 1 am therefore requJesting that this issue be reviewed by the City Council at its earliest convenience so that they can consider the use of trunk funds to construct the temporary storm sewer serving our development and the proposed elementary school. We believe that s tient promises and approvals have been granted to us to justify having trunk utilities brought to us in a timely manner; late summer in 1995 is not, in our opinion, tamely. Please do not hesitate to contact me.should you wish to discuss this prior to City Councirconsicieratiort. .Sincerely, .Ride Packer RPp1 0 TOTAL P.03 L PRO *44 :2-79 ARLANE 021-79 010-82 ALTERNATE STORM SEWER ALIGNMENT FOR POND OUTLET AT SCHOOL 3 cD 4 131$CAYNE 4V • 3 s j 4 021-27 010-82 OND GRADED OUTLET, .Y SCHOOLS SKIMMER' i0POSEDI NEW )ND GRADED BY ;HOOLf DEVELOPER PROPOSED/ J `T PINES ADDITION i 015-76` PROPOSED SRAM SE PROPOSED STORM SEWER ELEMENT4R'Y SCHOOL 015-76 I '•.\ P J.. CUTLET SKIMMER ,J WESTOM EDGE—_S�- _% HILLS \\ DRIVE 1 ' ' -- ----r--1, ' PLAT TRUNK STORM SEWER IMPROVEMENTS EAGAN, MINNESOTA T.H. 3/SCHOOL ROAD CITY PROJECT No. 673—Revised FIGURE 8 A nod 40r�3\ 4.153F(13 MAY 1994 COMM. 49553 333mmomem3... Z 0 180 300 Sods 1n feet ■ Bonestroo Rosene Anderlik d Associates MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota #ovember 1, 1994 •:::•:•:•: A regular meeting of the Eagan ciiY *Council was held on Tuesday, November 1, 1994 at 6:30 p.m. at the Eagan Municipal Center. Present wepey*Wg0Ar.IVO:Pp.tmcilmembers Wachter, Awada, Masin and Hunter. Also present were City Adminiiikatii.laa: gWdommuntty Development Director Peggy Reichert, Director of Public Works Tom golOart, and City Attorney Jim Sheldon. Administrator Hedges noted that the Mayor received a proclamation from M.A.D.D. and asked that It be added as a consent agenda item. He also asked that a policy regarding attending community events be discussed under the Administrative Age4a. He also noted an executive session is needed following the regular Council meeting. Wachter moveMasin apRpnded a motion to adopt the agenda as amended. Aye: 5 Nay: 0 :•:•:•:. MINUTES OF OCTOBER ¶, 1994 pgppwmggpip Awada moved, Wachter ffie minutes of the October 18, 1994 regular Council meeting as presented. Aye: 5 Nay: 0 MINVTES 'OF OCTOBER 18, 1894 SRECIALVEETINA Wachter moved, Awada seconded a motion to approv.01:ae minutes of the October 18, 1994 special Council meeting as presented. Aye: 5 Nay: 0 MINUTES OF OCI.01.4 1 , 14 SPECIAL NEETNQ ,..• • Awada moved, Hunter seconded a•iiiii0ii:V:iiiPpfove the minutes of the October 11, 1994 special Council meeting as presented. Aye: 5 Nay: 0 ypITORB...TQ:p: HBO() There was no one wishing to speak under this section. pg.RAmmgpirtipqiousINE.A,1 Councilmember Wachter gave a Qiy of the aet sie of Governing magazine to Administrator Hedges to pass on to the Fire Chief reii0g to fi*O•uipment. He indicated he would like to have the amount of individual taxes that are a rest09f fiscal diSi5tarities to be printed on tax statements. Administrator Hedges Indicated he will check into it. C�NEJD In regard to Item A, Personnel Items, Councilmember Wachter asked where the Youth Development Pre -School Assistants will be working. Administrator Hedges responded they will be working at the Wescott Square facility. He also asked how many Community Service Officers the city currently has and how many are authorized. Police Chief Geagan resporAgd.' .pyrrently have one, and are advertising to fill the remaining two openings. • • ..:•::::::•:•* • In regard to Item C, Award Bid/Ffrolice Deoartmentitilekers & Benches, Councilmember Wachter asked whether a savings was realized ‘rilti:rebidding. AssistV. to the Administrator Hohenstein Indicated that the original bids did not meet spectri4iii9p4... .1:13W.0.0.0 specifications, but came in slightly higher. EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 2 In regard to Item D, Recommendkft Solid Waste Abatement Commission. Moratorium on Issuance of Additional Residential Hauling License:1✓ouncilmember Hunter questioned what rights this moratorium would preserve for current haulers. Commun43tions. Coordinator Foote responded that a recent state statute requires that any time organize:;bb ip • .: sidered, that a consortium needs to be developed consisting of all currently iicen'seti'fiaiilets::.: Ffteyire trying to limit it to the haulers currently licensed. After an explanation on how their . nsortium works, Hunter concurred with the moratoriium. Terry Davis, a member of the Solid Waste Aliment Commission, concurred with the recommendation and Indicated they would like more clarification as to the amount of time and effort the Council wants them to devote to this Issue. Discussion followed concerning the time frame and reasons for wanting the Commission to look at this. The consensus was that the moratorium Is needed. In regard to Item I, Resolution tj'i:consider Legislation Allowing Acauisition of Borchert Ingersoll Property, Councilmember Wachter regUi2sted an a planation. Administrator Hedges indicated they were notified that this property has gone tax Welt. elt. It ?OS felt it would be an opportunity to land bank some property for a potential athletic complext:o park Ftrgiperty. Councilmember Hunter added that this is just asking Dakota County to pursue legislation,... t,15 not, committing to anything. A. personnel Items: Item 1. It was recommended to approve the hiring of Beverly Griffin as a Youth Development Pre -School Assistant and Carla Crumble as a Youth Development Alternate Pre -School Assistant. Item 2. It was recommended to approve the hiring of Carmel} Bakow as a Clerical Technician 111 in the Engineering Division. Item 3. It was recommended to appro i tkie'fifriirig of ••••••• t. n Serier as a Community Service Officer.• item 4. It was recommended to accept the�'resltoniaf;.Uz Korbein, Clerical Technician III in the Parks and Recreation Department. • Item 5. ft was recommended to approve the contract between the City of Eagan and the Center for Urban and Regional Affairs, University of Minnesota, for a Planning Intern. B. Plumbers' Licenses. It was recommended to approve the plumbers licenses for Easter Plumbing, Mueller Plumbing & Heating and Peterson Plumbing.&.:Heating as,presented. C. Award Bid/Police Department/Locke & Berm;.: 1t'vras'recommended to award Bid Division 18 for lockers and benches to Primary Equip'r1'attt in the triount of $39,000 as presented. D. Residential Hauling License Moratorh tt3. It was atommended to approve a moratorium on the issuance of additional residential or combination xcl i:roti er1frefuse collection licenses for a period of one year. E. Correction to July 19. 1994 Minutes. It was recommended to correct the minutes of the July 19, 1994 Special City Council meeting as Indicated. F. Utility Billing Shut -Off Policy. It was rttit2fi1 tt.,approve, In concept, billing system and direct staff to prepare'# :approp.l riate 3j!.Code amendment G. Special Use Permit/Bill Brabec. It was recommended 113approve the special the changes to the utility s. use permit, subject to the EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 3 1. The permit is temporary ancfi0i,411 expire January 1, 1994. 2. All signage will require a sigii:Ormit and be subject to the one-time sign fee of $2.50/sq. ft 3. The permit shall be subject to:Ail:.pplOblg..pgg.g.rquirements. ........................••••••••••••• ••...•••••• ••••• •-• . . H. Receive Bids/Award Contract (Red Pifiql:"..44j1*Itiiiendeci to receive bids for Contract 94-17, with Altemate #1, award the contract tOyan Contracting, and authorize the Mayor and City Clerk to execute all related documents. I. Resolution/Borchert Ingersoll Property. It was recommended to approve the resolution for acquisition of the Borchert Ingersoll tax forfeit property as described. J. Ordinance Amendment/Non-Confontgig Structures and Uses. It was recommended to approve the ••••••• ordinance as presented. ....••••• :.::•:•: :.::•:•: K Ordinance Amendment/Interim Us:1:iermits. It was recommended to approve the ordinance as presented. .....•••••••••••••• • • • • :.:.:...:.:.::.:.:.:.:.:.:.•:•:•:•:•:•:•:•:•:•:• • • • • L Ordinance Amendment/Special PermitS.' iiti*.r66iitiiieii*Cf6d to approve the ordinance as presented. M. Cigarette/Service Station Licenses. It was recommended to approve the cigarette licenses and service station permits for the Fina stores located at 3150 Dodd Road, 4250 Lexington Avenue and 1286 Lone Oak Road as presented. N. Maintenance Agreement/Police Department . It was recommended to approve the maintenance agreement between the Cr f Eg and Electro -Com Communications Systems as •••••• presented. • •:::-:::::•:-:•:•:::•:• •• 0. Receive Feasibility Report/Order Public Hedrii-igtood Estates - Streetlights). It was recommended to receive the feasibility report for Project 676 and i:public hearing to be held on December 7, 1994. P. Contract 94-18. Approve Specifications/Authorize Advertisement for Bids (1995 Sealcoat). It was recommended to approve the specifications for Contract 94-18 and authorize advertisement for a bid opening to be held at 10:00 a.m. on Tuesday, November 8, 1994. • ••::::i*•:••• • • •••••:•:•:::: o. Special Hunting Permit/Robert K SaptiOen:It:wasitilOnwnended to approve the special bow hunting permit as presented. R. Special Hunting Permit/Stephen L tlopttl. It w recommended to approve the special bow hunting permit as presented. S. Special Hunting Permit. Kevin McGrait.Was fetiffillmended to approve the special bow hunting permit as presented. T. Special Hunting Permit, Daniel Mason. It was recommended to approve the special bow hunting permit as presented. ..:::::::::i*::::::•:•••• . . ...::EI:::ii:„::._....._::::•• U. Special Hunting Permit. Todd J. OlsoOfiiiis recOr6rtiOtiOpd to approve the special bow hunting permit as presented. EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 4 V. Special Hunting Permit, Tim Fo!kerts. 3t:iivas recommended to approve the special bow hunting permit as presented. W. Special Hunting Permit/Vincent LaCkvki- Ii: wa r .gPimetrded to approve the special bow hunting permit as presented. X. Special Hunting Permit/Gregory J. Afei:is. It was recommended to approve the special bcw hunting permit as presented. Y. Proclamation. MADD Monday. It was recommended to approve the proclamation. Wachter moved, Masin seconde4 motionp• approve the consent agenda as presented. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARtf G .t1 CRSS::ROAD STREETS & TRAILWAY Mayor Egan introduced this item as the final assessment hearing for Project 646, Blue Cross Road Streets & Trailway. After a brief Introduction, Public Works Director Colbert noted that one of the six affected parcels Is city park; the remainder is Blue Cross Blue Shield property. Mayor Egan then opened the public hearing. There being no one wishing to speak, Mayor Egan :closed the public hearing. Awada moved, Masin seconded a motion to close the public hearing.aN: adi pt the final assessment roll for Project 646 and certify any unpaid amount to Dakota Courny;:;A?iy ; :::NQay: 0 FINAL ASSESSMENT FiFARING/DODD.BOAD STREETS & TRAILWAYS •• Mayor Egan introduced this item as the firief:aks $meat hearing for Project 659, Dodd Road Streets & Trailways. Administrator Hedges noted that an• objiK otitic: letter was received today from Gordon Schramm. Public Works Director Colbert explained the locatirn and project, noting Mr. Schrarnm's letter was the only objection received. Mayor Egan then opened the hearing to public testimony. Gordon Schramm, residing on Dodd Road, indicated he requested that his home be one of the homes appraised, and the appraiser didn't show up for the scheduled appointment. He wanted to know why. City Attorney Sheldon indicated he::'; able. to::speak with the appraiser, so he is unable to respond. He noted he will be contacting t .apptais r:#q:tfetetmine why he didn't keep the appointment. He explained the procedure used for *fib appraal0o determine benefit. He noted that the appraisals are prepared for purposes of court procgdings, arid•tfie results are given to the City. The actual appraisals are privileged and are not released un10s$;a courWpceeding results. He noted that four appraisals were done out of 13 parcels, which represei # .:.414 roxiir tely. 30%. of the project. He Is confident It is a fair representative sample. Mr. Schramrrii:*44.:;g4j0006intment that the actual appraisal are not available to the public or the Council. Considerable discussion followed concerning the appraisals and assessment procedure. Councilmember Hunter indicated he concurs with the confidentiality of the actual appraisals. Mayor Egan suggested Mr. Schramm discuss these issues with staff. City Attorney Sheldon indicated he will contact Mr. Schramm. Councilmember Masin requested:q#::te44i1ir0: as to why the appraiser didn't keep the appointment. Mayor Egan noted that th* aissessment amoitit:has been reduced due to the appraisals and bid results. Some discussion followed tbr ceming whether: ie Council can look at the appraisals without making them public. EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 5 Robert Heddle, 4462 Dodd Road ii sated he is having a problem with drainage from the trail going Into his front yard since the project was cbrrileted. A member of the city's consulting firm responded that the trail drains towards the street. Unless the citywants to.rQdesign that part of the project, he doesn't know of anything else they can do. Public Wor30t s' CQ1#io4*Red Mr. Heddle if he has a suggestion he wants the city to pursue. Mr. Heddle indirateditlscoricerri' ls'3tit if there is a big rain, he will be flooded. Public Works Director Colbert stated a fiefs:observation is needed for this area to determine the extent of the problem. He noted that It is the city$lsjtention to not create a drainage problem. If that Is the case, the city will commit to any corrective action necessary. Heide Schiela indicated she objects to her assessment and asked whether her property was appraised. Public Works Director Colbert stated he believes it was. Ms. Schiela stated she doesn't feel the bike trail improves her property. Public Wp.rks Director Colbert noted she wasn't assessed for the bike trail. More discussion followed concerning the appraisal jirtscess. Ms. Sheila indicated she has a safety concem about the bike trail being so close to hisr:horse f46oe. She was told her fence would be replaced. A representative of MSA noted that her fenc;is barbeif.ivire. He suggested it be replaced with a woven wire fence. It Is included In the bid price, but hasn't..beeii'done yet: Don Pawienty tumed in his objkichori.:fet4t,:•:notirig*4ii:::has been difficult to get answers to his questions frorn city hall. He expressed concerns about the site distance and proximity of the trail to his house, getting his fence put back up, and damage to his building. There being no one else wishing to speak, Mayor Egan closed the hearing to public comment. He noted that the City is absorbing 94.1% of the costs of this.proiec:. He added that due to favorable bids, the assessments were reduced. Councilmember Awada:0t4she feels the majority of the problems with this project were with public relations. Councilor rT er::lour ter concurred, suggesting there be a customer complaint data base on a per project:;] i&•:**'Discussion followed concerning customer service and complaint tracking. Hunter moved, Wachter seconded a moti'orr•T t :cite:.the public hearing and approve the final assessment roll for Project 659 and authorize its certificat:ibn :tq Dakota County. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/WILDERNESS RUN 1-4 ADDITIONS STREET REHABILITATION Mayor Egan introduced this item as the final assessment hearing for Project 660, Wildemess Run 1-4 Additions Street Rehabilitation. Adminiskapr Hedges.notpd that one additional objection letter was received from Robin L Miller. Public: WGIks: Dir9.44: C; Obert explained the location, project and assessments. He indicated they recert'e tone objttioh letter from David Sutliff. He noted that It was discovered that one lot was subdivided a id split arr4q4 the adjacent parcels. He reviewed the four options available to the Council as to how to mods the asse§sment roll. He indicated that he met with the Millers today regarding their concerns, and ttie.were satTsfled. After some discussion concerning the Millers concems, Mayor Egan opened the hearsf :.*r.0CjiiC tteStsmQt'r David Herbst, 4360 Garden Trail, questioned the special assessments policy and how the percentage is determined. He also wanted to know why It doesn't come out of taxes instead of assessing for it. Mayor Egan explained the city's policy. He noted the city absorbs a certain cost, and only assesses that cost that directly benefits the adjacent properties. Mr. HQcb t.asked whether reconstruction costs are determined differently than the original construction. ::Ma.y O 3iioicated that the original construction Is entirely assessed. Mr. Herbst then asked why std 7 : i' fiigh periii2,tit ge of the costs were absorbed by the city in the Dodd Road project. Public Workgi3306ctor Colbert i nded that Dodd Road is a neighborhood collector, so the assessments are determined differently. He.explained the differences between assessing for a collector street versus a neighOi?thood street and .fi v the assessments for this project were EAGAN CRY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 6 determined. Mr..Herbst asked whetherg* : policy is common for cities. Public Works Director Colbert indicated that upon doing a survey, this appears to be the mean average in the metropolitan area; however, each city is different. Some discussion:# N in em•.. t .ilie assessment process. Councilmember Hunter noted the city uses a process th t: s tc s .0 i.> e d fair. Councilmember Awada concurred, noting that It keeps taxes down. She not.dLhat the City of Eagan's property taxes are in the bottom 10-15% of metro area cities. There being no one else wishing to speak, Mayor Egan closed the hearing to public comment. Wachter moved, Awada seconded a motion to close the public hearing, adopt the final assessment roll for Project 660 and authorize its certification to Dakota County; and that Lot 6, Block 2 be deleted from the final assessment roll with Its share being finanped by the City's Major Street Fund. Aye: 5 Nay: 0 FINAL ASSESSMENT HEAfING/ELERT ROAD STREETS & UTILITIES Mayor Egan introduced this ftefit'ss the final assessment hearing for Project 647, Englert Road Streets & Utilities. After a brief introdOL°tf i;:#?ubls :.;WPr<5.:Director Colbert explained the project and assessments, noting he has received ridi:bliJ.eC tti:i tie: gssessments. Mayor Egan then opened the hearing for public testimony. There being no one wishing to testify, Mayor Egan closed the hearing to public comment. Hunter moved, Awada seconded a motion to close the public hearing and adopt the final assessment roti for Project 647 and authorize its certification to Dakota County. Aye: 5 Nay: 0 NEW SALE OF CITY,PRoplr. ;`'/RAY CONNELLY • Mayor Egan introduced this Iteiti''a's saie of cityi➢roperty in the Southwest Quarter of Section 23. Hunter moved, Wachter seconded a motion ti tlectare..ep'proximately 1.1 ares of PID #10-02300-031-54 as surplus public property; initiate a subdivision df -tfiis;:0 .'_cl:,in, order to facilitate the sale of the one acre portion; and authorize the City to enter into a purchase ajr rent with Ray Connelly for the surplus parcel at a price of $3.00 per square foot with all assessments paid:'''Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION/VANTAGE POINT Mayor Egan introduced this item as the preliminary subdivision for Vantage Point - Rerno Caponi for the Northeast Quarter of Section 27. ASt r rief inttodu>rtion by Administrator Hedges, City Attorney Sheldon stated there is some litigation,f 046f:i 3th;t ts:subciivision and advised the Council to proceed with consideration of this plat, and detiOding uppji fhe action of the Council, discuss what action the Council wishes to take relative to the court Community Development Direct i::Reiche ga ta:.a..s ff presentation, explaining the location and history of this request, noting that the Captisi iii} i e ;D p iosai for access off of Diffley Road; however, they are requesting approval of their original plat with access through the park. She noted that Dakota County prefers to limit access onto Diffley Road and therefore prefers that the access come through the park. S. Todd Rapp, attorney for the Caponi's, stated the applicant's position Is that the writ of mandamus compels the City Council to Issue the certificate of preliminary plat and that there is nothing further for the Council to consider. Considerable discussion followQd oncerning wheff access should come through the park or onto Diffley Road. The length of the cul -de=li 6 with access thriotfgh the park was discussed at length; as well as liability and snow removal issues if:Appess goes through_;t a park; the problems of noise, lighting and privacy with access through the park; a ; afety issues s$pi ted with allowing access directly onto Dlffley EAGAN CFTY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 7 Road. Councilmember Wachter expressed; :Elis opposition to having access through the park due to the potential problems it would create. Couialibember Hunter stated he supports access through the park because it is the safest way for people in ..devel pment,io ..get out onto Diffley Road. He doesn't favor having more traffic through the park, but it sii't:flia t tft.caC*traffic and It will only affect the summer months :.:..... .... . The marketability of this developrjit was discussed, as well as the limitation of not being able to close off the park in the winter. Councilmember Awada expressed her concern that if access Is allowed through the park, It limits the city's flexibility for the park property. Mayor Egan disagreed on that point, and stressed the seriousness of having another access onto Diffley Road. Councilmember Masin noted the park will affect this development tremendously, and expressed a concem about liability. Councilmember Awada stated she thinks It is bad to allow single fli y housing at this location and doesn't think the Council should make it worse by putting the access ti1trgh thd:;park. After more discussion, Hunter moved, Egan seconded a motion to approve the prelirn#nary subdMion for Vantage Point, subject to the nine conditions set forth in the minutes of the Planning::i ommisslQn. Aye: 2 Nay: 3 (Awada, Masin and Wachter opposed.) • Awada moved, Wachter seconded'a motTort'tti'tiirect tt e City Attomey to prepare findings of fact to present to the Council for denial of the Vantage Pointe subdivision. Aye: 3 Nay: 2 (Egan, Hunter opposed.) City Attorney Sheldon raised the issue of the appeal, noting that the issue the city is appealing is the court's determination of when the 120 day period stat*;:::wada moved, Wachter seconded a motion to direct staff to proceed with the appeal of the writ::o ai t3amus filed by the Caponi's. Aye: 5 Nay: 0 CONDITIOMPL:L'U$E PERM3T/GENE STINAR Mayor Egan introduced this item as a:•Cc itiititmel:.Use Permit for Gene Stinar for the Southeast Quarter of Section 8. Community Development Direadi:p01.040 gave a staff report explaining the request and five year improvement plan. She noted the Planning Coivitliission would like to see a more complete landscaping plan for the front and side of their property. Gene Stinar expressed a concem about the lot combination agreement. He indicated he understands the need to combine the lots if a new building is added, but doesn't understand why they would need to do It if it is Just for parking. It will coat:t.em a substantial amount in capital gains tax to transfer that parcel into the corporation. He would be. ►?iElitig :t0 :sign .s ate orient agreeing not to sell one lot without the other If that is acceptable to the city. Ct Yiunity'#3evefbpment Director Reichert noted that it is a zoning code requirement that parking isn't allovvefbn a freestanding lot. Some discussion followed as to how this could be resolved without having a Iarga:financial .ii pact on the company. Mayor Egan stated he would like to keep that requirement in place, at c :agreed i Continue to work with him to minimize the impact. Councilmember Wachter asked \ivtial tiie'Courtir an'tio If the company doesn't adhere to their five year improvement plan. Community Development Director Reichert Indicated the Council could revoke the Conditional Use Permit. This is his good faith pledge that he will complete these improvements. She noted Stinar Corporation Is a long-term Eagan business and is important to the community. Councilmember Hunter stressed that a five year phase In is a ik1 a and he doesn't want to see this be a precedent. Some discussion followed concerning wheFli tics* cia :and gutter will be installed. Wachter moved, Masin seconiiiiira motion to *pirove a conditional use permit for Stinar Corporation to allow outdoor storage ot_acehicles and equiprr rit on Lots 4 and 5, Block 2, Sibley Terminal EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 8 industrial Park, located west of Sibley Meii404a1 Highway and east of Terminal Drive, subject to the following conditions: 1. The applicant shall combine:t i :40:.W:.4*:lata County Auditor's Office within 60 days. 2. The applicant shall record tt*::Conditional Use Permit at the Dakota County Recorder's Office within 60 days. 3. The applicant shall submit plans for review and complete the following improvements in the time period listed: 1994 - Conditional Use Perniaqr outdcpcstorage, lot combination, landscaping along Highway 13, complete grading and::Mond exjiation, restore disturbed areas with ground cover plantings, and add crushed::cgncrete hese to lower loading area. (Area 1) 1995 - Building expansion 7d:lwt+pr3::to:.Gsty:water service for tap water, sprinkling of buildings, and exterior fire FiQraits::ciss?a:si2sci landscape plan. (Area 2) 1996 - Bituminous overlay and curbing for drive/parking areas on north, east and west sides of building and partial storm sewer system construction. (Area 3) 1997 - Bituminous surfacing and curbing of .upper staging/storage area and complete construction of storm drainage system... rA>:e :: (This storm sewer system will include five catch basins to collect site runoff,.a:... h:.oT Stbrin sewer pipe to convey the runoff to the on- site pond, and an outlet from.:4044tt.tds 14existing storm sewer system in Terminal Drive.) 1998 - Bituminous surfacing foip i�:ivleepai:king area (southeast of building, min. 80 spaces) and landscaping along the south. pioiierfy::3u e. Also at this time the owner can better determine If there is a need for future buildirtig::e) ;insion and how that relates to surfacing the employee parking. (Area 5) 1999 - Bituminous surfacing for lower loading area and landscape screening of area from Terminal Drive. (Area 6) Aye: 5 Nay: 0 CONDITIONAL USE P IT ANCE:. RIANCE/TRIPLE S INVESTMENTS Mayor Egan introduced this iteitt ris a Con renal Use Permit and Variance for Triple S Investments for the Northeast Quarter of Section 15 fitx.a:pytoti:gr�:JQr.;.8ig Wheel Rossi. Administrator Hedges noted that the Planning Commission condurvt #::a::•ttki'I :.ieathig:::on this and recommended denial of this conditional use permit. Community Development Director Reichert gave a staff report on this, explaining the location and request. She pointed out the locations of the various signs in Town Centre 70 and Town Centre 100 Additions, and noted the applicant is prop0; h g::t+ i:niCrv�.a sign from Lexington Avenue. just north of the daycare center to the Big Wheel Rossi site::: T# :Ct tt2*chat because it is not known how that area will develop, a sign may be needed at that 401bn at a later't3 ie. The Planning Commission also rioted that when the Valvoline site developed, it wa 'iinown that anothek:building would be located adjacent to the site. The opportunity for a combination sigh yors available, but o4eslooked at the time. EAGAN CITY COUNCIL MINUTES; NOVEMBER 1. 1994 PAGE 9 :•:•:•:•: Martin Colon noted that in the prOOss of developing this planned development, they reduced by approximately half the number of signs ttieVivere eligible for under the 300separation requirement. ft Is impossible to space the signs any farther:Argl.A.g.p.r.P.:*!gp. Is not available to Big Wheel Rossi He noted they will be developing a restaurantii*C:0•0**4*40ter site, and It is their intention to propose a combined pylon sign, even though they.ifeill6;461 t'sciti'llirefore, there will be no net gain in pylon signs along Yankee Doodle Road. Councilmember Masin asked about building signage. After some discussion, it was discovered that building signage is allowed on the north side only. Councilmember Hunter suggested the pylon sign could be denied, but amend the building signage. He feels 300 feet is too close for pylon signs, but also feels It Is vital that the business succeed and he doesn't think it will if a building sign Is only allowed on the north side. Mr. Colon stated he doesn't feel 01 having.Additional building signage will help due to existing landscaping. Some discussion followed:*cernir4i;lvelopment to the south. Councilmember Masin stated she4besn't ti4 it is appropriate to place a sign there. Community Development Director Reichert suggesteel:.0A:4:44,_.P9W101.:PPProves this sign, it not be put In brick face as proposed. The Planning Commission .t.a1f4:04k0ii.:15#:Or,e appropriate. Hunter concurred. Mayor Egan asked about the possibility of ground ifgnatje:•Mf.toliiii'sponded that because of the topography, to get any visibility, It would have to be a pylon sign. Councilmember Masin questioned how much visibility is needed for this type of business. Most customers going to this type of store have a particular place In mind. Mr. Colon responded that statistics show that pylon signs increase business. Mayor Egan stated he feels they will have a competitive disadvantage by not having this.sign. Awada concurred. Councilmember Hunter noted that a lot of businesses have been coming.,43.001.he fact requesting non -conforming Items, and he doesn't like that. Other Council membps.coOcOttiti.-:-*••• After more discussion, Egan mosik:khaaa seconded a motion to approve a conditional use permit and variance to allow a pylon sign mounted:pt-pplp. on tiirtlot A, Town Centre 100 - 13th Addition, subject to the condition that all rights for additional Sidiit::k41.4Prm). Theatre/Red Robin Restaurant location are removed by the granting of this sign. Aye: 4 Nay: 4':• ii0ik:ppposed.) •••:.:::::: ISLATIVE/INTEROOVtRNMENT AFFAIRS TE A.M.M. PROPOSED CHANGES TO 1995 LEGISLATIVE POLICIES AND PRIORITIES Administrator Hedges collected Couocjt.:members:...prjorities for proposed changes to legislative policies. Councilmember Wachter note14:P*64..d.411.0*i4s his main priority. DAKaA COUP PARTNERSHIP Councilmember Wachter repotiO.prk.g..r.000.051..9f.tt19 Dakota County Partnership he attended recently. He noted he Is Impressed withWW4.40:igi00.0:i0.i?;dever, a lot of the things they are proposing to do are what is being asked to be done by Eagaii'i'M'aift66f*of Commerce and Economic Development Partnership. He feels it Is somewhat of a duplication and suggested the Council consider this when membership is being considered. Discussion followed. 4PMROATIVIVAAPg.t.P.4 Mayor Egan expressed a concetiOth the slie'lAyip administrative agenda, noting that because it comes so late, it doesn't give CounCIF:Members much 8te to digest the information. He feels the administrative! agenda should only incl* time sensitive fteErA and the rest left for the next agenda. He asked that more discretion be used in i*C.ing.ttgrgs.ort,g4: • ' nda. • • • • EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 10 Massage Therapy Ordinance. Ad:iirifstrator Hedges requested clarification on amendments made by the Council relative to the massage therapy ordinance. After some discussion, Hunter moved, Awada seconded a motion to amend the minutes 0:ie:P tp:W 4 't994 meeting on page 12, by striking B' from the first amendment to the massage thera iy::Geciiiiiiiite cAye: 5 Nay: 0 Eagan Historic Farm Evaluation;: :administrator Hedges noted that the Council considered this previously; however, some questions have.tibw been answered relative to the Holz Farm, so it was decided to bring it back to the Council to see if they would like to reconsider their decision. The Parks Department also did an analysis of the farm sites available in Eagan. If the Council wants to preserve one of these sites, It Is Important to pursue these soon before they become developed. Lee Markel!, chair of the APRNRIMi oted tfliOhe commission supports the preservation of a farm site and the Holz farm. He feels there vi<puld bei::A;: lot of support for this concept in the community. Councilmember Hunter noted he originaftjr::didn't feel It was fiscally responsible to pursue this; however, there are more and more foreign visitors coming•.tethis area, and he feels it would be a great tourist attraction. With the increase of conventi0Wwt:01:14t4sille feels the city should pursue this If it can be obtained at a good price. Mayor Egaii.ctinciirred:;:::Affer a:*eview of the various sites available, Awada moved, Wachter seconded a motion to direct staff to do preliminary negotiations for acquisition of the Holz farm. Aye: 5 Nay: 0 Gift Policy. After explaining the ethics legislation, Administrator Hedges noted that upon speaking with the City Attorney, he proposed that when Council.membiers want to attend an event, that they let Administration know and a letter will be drafted to that:or.ga iizabon explaining the legislation and requesting a bill. If Council members deem ft to be pubtie i0iiins _2rnd important to attend as an elected official, the city will pick up the cost. If it is questa riab1e;' Council: ilembers can attend and pay for it themselves. Hunter moved, Wachter seconded a motion.tp:a.e;pt this.policy regarding gifts until such time as the policy is clarified by the legislature. Aye: 5 Nay: Authorize Water Shut-Off/Meter Change -Over Procjr Public Works Director Colbert explained the water meter change -over program, and noted that there are 11 homes where a number of notices have been sent and no response has been received. He would like Council authorization to shut off water at these locations if no response is received to the final notice. Councilmember Masin noted she spoke with the Superintendent of Utilities regarding this and he indicated to her that they will be trying to personally contact these people this weekend. She.suggested that.tha,.city should Just let it go until the project is finished and then deal with it. Councilm *i:Wachter::00 he feels if someone gets four notices and they don't respond, a more forceful appirDach is tiaec#eid. Councilmember Masin referred to the Finance Director's memo that it puts employeesifi an awkviktand possibly dangerous position when they tum the water off. After some discussion, Mastic::moved, ;.F,can seconded a motion to continue this to the next meeting. Aye: 4 Nay: 0 (Wachter a flu. t,). Project 673R, Approve Resolution FRequesting•Alliib 1' Cost Participation (T.H. 3 p Red Pine Lane Intersection). Wachter moved, Awada seconded a motion to approve the resolution. Aye: 5 Nay: 0 Councilmember Awada questioned the name of Red Pine Road, noting she thought the road was to be named after the school. She feels that is important. Public Works Director Colbert stated if the Council wants to change the name of the street., ;it•. ;5i#4tifd:.:probabiy be done before people move In there. Administrator Hedges suggested they con O e sitii f 4istrict to see when the school will be named. Review Truck Restriction on Dada Road south of C9iei load. Public Works Director Colbert noted that this issue has been raised by sever >::residents of south:figdd Road. He is unaware of any resolution on this, and the Police Department hasajfidicated the; re„Stncsitsn-3s unenforceable. He identified four options EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 11 the Council can pursue. Councilmember Ilaiti'hter suggested they use T.H. 3. Public Works Director Colbert Indicated the developers of that subdivision•1ve stated they will try to do that; however, there are times that they can't, and those times result in complgfW:V.t.i.erOp:90,1tOese complaints, he doesn't know how to respond to them. Councilmember Awada:; kec :v,�2ij(: g : prceable. Public Works Director Colbert stated they would have to ticket all trucksr,iocluding garbage trucks, delivery trucks, etc., or it is considered selective enforcement. After some discus0i, the consensus of the Council was to leave the No Truck signs in place, recognizing It Is unenforceable,:8tid find out how much it would cost to replace the signs with a specific weight restriction and contract with the County Sheriff and Highway Department for enforcement using portable scales. Vacate a Portion of Public Right-gf;,Way (Center Street/Trails End Road), Receive Petition/Order Public Hearing Wachter moved, Awada i$iroonded a::►otion to vacate a portion of Center Street (Trails End Road) and schedule a public hearing onDecembei::#;;1994. Aye: 5 Nay: 0 ..................................... Public: Works Director Colbert noted: etiiiei ii ss ia#kie:siiate of -the bid opening on the 1995 sealcoat bids that was on the consent agenda. He noted the date should be November 8. Wachter and Masin accepted the correction as a friendly amendment to their motion. Mayor Egan reminded Council members that there will be an Executive Session following this meeting. Councilmember Wachter asked wha%.t#i(secdtct:the junk mail collection that was being considered by the Solid Waste Abatement Commiss#ot ::: fe'noted tl#'a# he received information that Aagard Sanitation is still operating as a transfer station. • Mayor Egan reported on a meeting he attendi : ci lth; ouncilmember Wachter called 'Common Good/Common Ground", noting that there was a lot of misiin'foi7•r{ation being given out at that meeting. They were constantly correcting information being given that was incorrect. The information given was provided by Myron Orfield and was anything but objective. He stressed that all suburbs are not alike and that Information needs to be conveyed to the public. Councilmember Masin indicated she experienced the same thing at the housing conference she attended recently. t•aR .i' • Wachter moved, Egan seconded.:* motion=# c approve the check register dated October 27, 1994 In the amount of $2,028,009.93. Aye: 5: ;Nay: 0 p.m. There being no further business to discuss, the meeting adjoumed to an Executive Session at 10:56 Date DLP City Clerk EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 12 ff you need these minutes in an aftemativelbrm such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, W5(91g) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan Is committed to the poliq that all persons nave equal access to its programs„ services, activities, facilities and employment witl'iti* regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status wiiiii•egard to public assistance. :•:•:•:. • •••••• :•:•'• • • • • :::•••••••••••••••::-:::::. ..'.• MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota :November 1, 1994 A special meeting of the Eagan November 1, 1994 at 5:00 p.m. at the Eagan Municipal Center. Present v4*:: iiti"r. fieri: ind Councilmembers Wachter, Awada, and Masin. (Councilmember Hunter arrived dig:06 p.m.) Also present were City Administrator Tom Hedges, Community Development Director Peggy#elchert, Director of Public Works Tom Colbert, Finance Director Gene VanOverbeke, Assistant to the Administrator Jon Hohenstein, Recreation Superintendent Dorothy Peterson and Cable Coordinator Mike Reardon. POLICE FACILITY/MUNICIPAL CENTER PROJECT Administrator Hedges noted that$ome ques€ibns were raised relative to site work and the Police Facility, and it was determined that althotsome tion was given by the Council, the budget was never modified to reflect various change order&: h the pre i2ct. An update was prepared, incorporating all of the various changes and reflects the current.$tatus..Qf.the.project.: There was a concem that making various t3: changes without looking at the entire pr. ij:eci: i it hebding limited resources on items that are not the highest priority. "sp"' He noted that originally, $840,000 was budgeted for site work, which was taken from the 1993 CIP. Upon a more detailed review, that number was changed to $1,100,000, but the budget was not changed to reflect that. He reviewed the committed and non -committed costs, which results in a $40,445 deficit to that budget.• Councilmember Awada asked wt y::t : icb' is included in this budget and not In the building budget. Assistant to the Administrator HOKelistein report that this was added later, so it was put into this budget. He added that it will be bid with the:bt. ing., .TheCouncil approved of this addition, but the budget wasn't adjusted to reflect that. • Administrator Hedges reviewed the budgets for the Felice Facility and City Hall, as well as other Items that were not budgeted for, such as telephone system expansion and relocation costs. He reviewed the additional amounts needed for each of these projects and how it could be funded. He reviewed the status of the Community Investment Fund. Discussion followed on the telephc:sp$temAcpansibn, and how to reduce the non -committed costs. Councilmember Wachter noted t# ; samathir : i:iiii£=rieiad to be done with the Fire Administration building in the future as well. Administit't Hedg tit>ted they are looking at that also. Councilmember Awada stated she thinks the portico shgiiid be bid an add alternate. Public Works Director Colbert plained::i. : cJ oral grading proposed in the non -committed budget for site work. He noted there Center and Library that should be removed; however, it could be left as it is for now if the Council wishes. Councilmember Wachter asked whether Dakota County would be willing to participate in the cost. Public Works Director Colbert indicated that Dakota Council has no interest in spending money on site improvements to the library. Administrator Hedges indicated dir. ... t� eded related to the medians and how the Council wants them to be done. Public Works Dir Colbettf:0.00 that they need to know whether the Council wants them sodded because they need t place irrigation _heads there if that Is the case. He explained different ways the medians could be done.. Councilmember A da stated she feels that the medians should be tied into the downtown concept. *.i.e asked whether #icy could be left until it is known how the EAGAN SPECIAL CiTY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 2 downtown will be done. Public Works Director Colbert indicated they could be left as sod for now and be upgraded later. However, he still needs tci: npw whether they should install irrigation heads. Councilmem- ber Hunter suggested the medians be Si3dded without irrigation • heads. Public Works Director Colbert suggested that the Council set a time frartyllpt,elryltte-Mgep.idesign will be decided. A two year time frame was suggested. ......... ...........•... . Mayor Egan stated that if Dakota:Ounty isn't willing to participate in the grading, the city shouldn't do it at this time. Councilmember Hunter suggested that the signage be deleted at this time as well so it can be tied Into the downtown signage. Assistant to the Administrator Hohenstein suggested that staff needs to review the sign ordinance and what is required Q..pther businesses before finalizing this decision. It was the consensus of the Counato delete if;ie signage, additional grading, and median upgrades, and reduce the irrigation amount by the anttiunt budgeted for the medians. It will be further reviewed within two years. It was also suggested that the landscape:plan be brought back to the Council. Counciimember Awada stressed that these changes are :not:# i g::inac e: tc ave money; the main purpose for these reductions is to tie the project into the design of tfia:tltwwifociciri:: Awada moved, Wachter seconded a motion to adopt the budget as presented, with direction to delete the signage, additional grading and median upgrades; and that the funding for the budget modifications is to come primarily from the Community Investment Fund, with the remainder to come from cable franchise fees and the General Fund as proposed by.staf#. Aye: 5 Nay: 0 Administrator Hedges reviewed the:;;t3diovsttal:oquipment proposed for the Council Chambers, noting that the only reason many of the* theWlkiipritiVementOre being made is for the cable subscriber. He noted they explored the types of media syStac►xs:.Qther cities have. They also looked at what kinds of uses the community center will be used for and whaf:types:c :equipment would be needed there. He reviewed aspects of the various configurations developed by EieiktOki:pteriors, inc. He noted that the balance In of the franchise fees Is $750,000. Councilmember Hunter asked what types of expenditures the franchise fees can be used for. Cable Coordinator Reardon responded that the fund is limited to communications and cable -related equipment. This is through the agreement with Burnsville. Mayor Egan emphasized that this is being done solely for the cable subscriber. He would like to see .e.:good system.:ipstalled, but there needs to be a balance between what is good and what is affordabstc `:i i:i. Councilmember Awada stated sfi6'4'eeis the:In—the future, cable will be greatly diminished and other forms of communications will be develc pad. This . eans that while the city is enjoying a Targe amount of cable franchise fees, that may not be thy;:t seAitt :filft r ...Qpuncilmember Masin questioned whether the equipment proposed for the new Coucgy#::i t *ra W81:;:Compatible with future technology. Cable Coordinator Reardon responded that the equipment cah be'rtiodified to be used with future technology. Councilmember Hunter suggested the city may be better off investing in other media forms, such as Internet. Councilmember Hunter questioned the equipment needs for the community room. He indicated he would like to know how many requests tbRr ::tia* ::ten for these types of equipment. Recreation Superintendent Peterson indicated the priFr.45106itidati.IVOpse of a VCR and monitor. Cable Coordinator Reardon added that he can't think of *Other city haif::Wf3ere there Is both a Council Chambers and community room that have televising capabilities. Councilnsaiiiber Wachter stated he feels the city should keep that option open so it could be ircQcjrporated in the fAtge If the need is there. Cable Coordinator Reardon noted that the real dollar differ #ice is between.hay hearing only capabilities in the community EAGAN SPECIAL CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 3 room, or whether ft is two-way interactive:W:the Council Chambers. He stressed that the Council needs to set priorities as to how It sees the mediaggi;iipment being used and what is important. Mayor Egan suggested that th . CQitriki(: ;#ai�i :i$j :C4nfigurations B and C, and possibly E. Discussion followed on editing capabilities:::Cable GtsiNdiititcttir Reardon noted that the City of Eagan currently uses Bumsville's editing room; tos!4ever, by not having editing capabilities, it greatly reduces the ability to produce programming by staff;:kte suggested that if the City of Eagan wishes to expand their programming, that they consider designing the control room to allow for expansion of editing capabilities in the future, If not with this design. Councilmember Wachter raised some questions about the camera equipment He asked whether a different lens could be put on the existir a7ameras and used in the new Council Chambers. Dick Stewart, of Electronic Interiors, Inc. stated that ttj::camera$:iI the existing Council Chambers are designed that amount of square footage. In addition ta:ti€w Tens s: more telephoto equipment would have to be added as well. He recommends getting new caras as oiposed to trying to retrofit the old ones. They are trying to correct some of the lighting problems that.haxe..b en.oequrring in the existing Council Chambers by using more indirect lighting instead of spot light ;:: EAGAN SPECIAL CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 4 a task force of 15-20 members, consisting*. Council members, EDC members, members and metnbers of the communiti::. Councilmember Hunter suggesteia::.:..:.hg,. .1500*er Awada and Director Reichert meet and put together .S::oii:iii6inbership, goals force. The meeting adjoumed at 6:30 p.m. Date •:•:•::•: APRNRC members, APC Community Development and duration of this task DLP City Clerk Fees: S200 investigation (non-refundable) S 50 license CITY OF EAGAN APPLICATION FOR MASSAGE TIIERAPIST LICENSE This form must be filled out by typewriter or by printing in ink by the sole owner, the individual seeking a massage therapist license. TRUE NAME: L/ALJ/� First Full Middle RESIDENCE ADDRESS: 7Y) 4',co//f % /9 v1:- Street 1Street RESIDENCE PHONE: BUSINESS NAME: Maiden/Last DOB:/.) / City State/Zip (-7 c) BUSINESS PHONE: Lift BUSINESS ADDRESS: /3-6 S / )t cm// S L Eti % t.,t' Street City 1. Is the applicant licensed in any other community? Yes NoX If yes, where: /I.'» ' State/Zip 2. Has the applicant been denied a massage therapist license by any licensing authority? Yes No >c If yes, describe: 3. Each applicant for a massage therapist license shall furnish, with the application, the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. c. A medical certificate from licensed physician, declaring applicant has no communicable disease. Each applicant shall also furnish proof at the time of application, of a minimum of 100 hours of successfully completed course work in the following areas: a. The theory and practice of massage, including, but not limited to, Swedish, Esalen, Shiatsu, and/or Foot Reflexology techniques; and b. Anatomy, including, but not limited to, skeletal and muscular structure and organ placement; and c. Hygiene. Front and side view photographs must be provided. 4. If you have ever used or been known by a name or names other than the true name given above, list such name(s) and information concerning dates and places used. 4,X2 Attach photo. 5. Address(es) at which you have lived during preceding five years. (Begin with present or most recent address.) No. & Street City & State 1 h,c /77ii/7? /7i/L �17f,/tv&J//f2 //U/Y /(1/5/,2 < / ti /YJ /V Dates /714, 6. Occupation history for preceding five years. (begin with present or most recent.) /UU/ i / ///: 2 /%' ,Y / ice : Occupation Employer or Name of Business 510/ Aioic- wr sY »f��`� /7•1,, / 2712 Address (i(i7 19;23" to 19 i 'f City/State/Zip Length of Employment Occupation Employer or Name of Business 19 l/' to 19 / Address City/State/Zip Length of Employment Occupation Employer or Name of Business 19 to 19 Address City/State/Zip Length of Employment *Attach additional sheets if necessary 7. Have you ever been convicted of any felony, crime or violation of any ordinance, other than traffic? Yes_ No X . If yes, give information as to the time, place and offense for which convictions were had: 8. List the names, residences, and business addresses of three people, (prefer residents of Dakota County) of good moral character, not related to the applicant or financially interested in the premises or business, who may be contacted as to the applicant's character: Name Phone 6 % Address Business Address .5 /U/ /1/Ja' 7/ Gv� 2' 0,4 i" S i /1//Y % /04/ Name 871/ /2)14'e US Address Vo U 3 7t w L y/ f /"4 S r/..) Phone 6 S' / I /- Business Address 470/ /Vo'!N 5 / 2/ /r/ s Name f%/ck 4- sti/94.)i 4--)1 it> Address /do/ ke//cm- Li' %)4, Business Address ) 02 v 5//t' ,' .4,2> i/ Date: /L•- VI/ Subscribed and swo t before me this J. ib day of , 199Y Notary ublic (seal) Phone '9/ )6i . I: D///7 /t G/'/v' /�7N ature of Applicant le NOT ^; y PUSLIt MINI JESOTA tk- t DENNIS J. DIETZLER HENNEPIN COUNTY My Commission Expires May 25, 1995 /24) EAGAN POLICE DEPARTMENT Massage Therapist License Application A Massage Therapist License Application was submitted by: Peter Edwin Dietzler 12/31/52 7426 Nicollet Ave Richfield MN He has applied to work at Life Time Fitness, 1565 Thomas Center. er hecks did not show any convictions that would preclude the rom being licensed as a massage therapist. Jo T. Stevenson De ective #34 fees: 5200 investigation (non-refundable) S 50 license CITY OF EAGAN APPLICATION FOR MASSAGE THERAPIST LICENSE This form must be filled out by typewriter or by printing in ink by the sole owner, the individual seeking a massage therapist license. TRUE NAME: Gigi JeriLynn Hicks/Decker 0013:0319 P7 First Full Middle Maiden/Last RESIDENCE ADDRESS: 980 Bush Ave E St Paul MN 55106 Street RESIDENCE PHONE: 771-8636 City State/Zip BUSINESS PHONE: 452-4220 BUSINESS NAME: Care Chiropractic Health & Resource Center BUSINESS ADDRESS: 3390 Coachman Road Eagan MN 55121 Street City Statc/zip 1. Is the applicant licensed in, any other community? Yes_ No XX If yes, where: 2. Has the applicant been denied a massage therapist license by hny licensing authority? Yes describe: No XX If yes, 3. Each applicant fora massage therapist license shall furnish, with the application, the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by n recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. tm n' eclaring-appliennt-hes- nn -comm rrnieable-disease,- Each-aPpficant-shall-also-furnish-preef-at-ihe-time-of-application- , oT i mnimmit-uf 100 hours of successfully completed eourse_wotl_in_the-following-areas'. a. The_lheery-and-practice-of-message,- including; -but -not limitetlo, Swedish, Esalei-, -Shut, and/or Foot Reflexology techniques; and b.—__ Anatomy, including, but_not_limited-to,-skeletal and muscular structure and organ placement; and c Hygiene, Front and side view photographs must be provided. 4. if you have ever used or been known by a name or names other than the true name given above, list such namc(s) and information concerning dates and places used. Attach photo. 5. Address(es) at which you have lived during preceding five years. (Begin with present or most recent address.) No. & Street 980 Bush Ave E City & Stale Dates St. Paul, MN 5/92 - present 3121 17th Ave So Mpls., MN 5/90 - 5/92 531 Laurel Ave St. Paul, MN 8/89 - 5/90 6. Occupation history tot preceding live years. (begin with present or most recent.) Exeru .iv Dir etnr of Maasage, Therapy Occupation See other side Care r.b rrap- art. i r Employer or Name of Business 5/9319 to 19present Address City/State/Zip Length of Employment Assistant. Director Center For a Balanced Life Occupation Employer or Name of Business 1575 Livingston Ave W.St.Paul, MN 55118 June1991 to 1Q 5/93 Address City/Slate/Zip Length of Employment Tutor/Mentor Coordinator Augsburg College Occupation Employer or Name of Business 2211 Riverside Ave Mpls., MN 55454 Nov 1990 to 1Q 5/91 Address City/State/Zip Length of Employment *Attach additional sheets If necessary 7. Have you ever been convicted of any felony, crime or violation of any ordinance, other than traffic? YesNoxx . If yes, give information as to the time, place and offense for which convictions were had. 8. List the names, residences, and business addresses of three people, (prefer residents of Dakota County) of good moral character, not related to the applicant or financially interested in the premises or business, who may he contacted as to the applicant's character: Name Cris Parker rhone 450-6690 Address7662 Borman Way, Inver Grove Hts, MN 55076 Business Address Nokomis Chiropractic Clinic, Mpls. Name Linda Cummings Phone 681-4700 Address9273 Pinehurst Road, Woodbury, MN 55125 Business Address Eagan City Police Department Name Sister M. Janine Rajkowski. Address1875 Oakdale Ave, W.St.Paul, MN 55118 Phone 455-0473 Business Addiress 1575 Livingston Ave W.St.Paul, MN Date: 55118 Subscribed and swot tv before me this iCi day of UcTrt , 1938 441 ignature of Applicant 471-1..b+.f rY1s•1A i t1 XseM). My Comm. Expir.)5. l'!l") f . . . V...w..w 1 '��V M• r r N. r+ ..ww..+ 1� EAGAN POLICE DEPARTMENT Massage Therapist License Application A Massage Therapist License Application was submitted by: Gigi JeriLynn Hicks/Decker AKA Jeri Hicks AKA Gigi Decker 980 Bush ave. St Paul, Minn, 55106 She has applied to work at Care Chiropractic, 3390 Coachman RD. uter checks did not show any convictions that would preclude the icantrom being licensed as a massage therapist. Jo T. Stevenson De -ctive #34 TWIN CITIES STORES, INC. 220 SOUTH SD(TH SIREEI • Surte 2000 • MINNEAPOLIS, MINNESOTA 55402-1498 • TELEPHONE: (612) 340811170 •ECEFACSIMILE: (612) 340-8138 oOCT 61994 October 4,1994 City of Eagan 3830 Piot Knob Road Eagan, MN 55122-1897 Re: Twin Cities Stores, Inc. Dear Sir or Madam: Twin Cities Stores, Inc. has purchased three (3) Fina store locations in Eagan. Enclosed please find the following documents for the above -referenced entities: • Application For Non -Intoxicating Malt Liquor License • City of Eagan Reference Information Form • ALTA/ACSM Land Title Survey I have also enclosed a check in the amount of $732.00 for fees the licenses. Your assistance in expediting this matter would be greatly appreciated. If you have any questions or comments, do not hesitate to call me at (612) 340-8770. GKH/ls enclosures DATE CITY OF EAGAN ON SALE FEE 3830 PILOT KNOB ROAD OFF SALE FEE EAGAN, MINNESOTA 55122 TEMPORARY FEE *25.00 PLEASE PRINT s Ridin APPLICANT S APPUCATION FOR NON -INTOXICATING MALT UOUOR UCENSE James David °MEWS NAME Nelson (lest) (Flrst) Address 3303 Red Oak Circle S . (Street) Burnsville pxm) 895-8672 (Middle) MN (State) Birthdate 55337 3/3/560p) Address Darien (C) Phone (203) 655-8946 Bruce NEW %'\ RENEWAL TEMPORARY Lawrence (Last) (Flrst) 40 Tower Drive C(street) T (State) Birthdate (Middle) 06820 2/16/45p) TRADENAME Twin Cities Stores. Inc. # 576 Address `3150 Dodd Road (Street) (CItY) an Phone 452-3732 Zip) MANAGER'S NAME Rhodes To h n .1 ' r,t_ d i v (Last) (Flrst) (Middle) Address 2 b,.)- M u n f, » q ft r c . `L✓ (Street) St5-3- _ / / 7 . 'mak 1 /)? tv (City) (State) (Tip) Phone 489-5780 Birthdate 1 / - / L - G 3 HEREBYAPPUES FOR NON -INTOXICATING UOUOR LICENSE for the year Event ,from / to 12 / 94 . ( 3150 Dodd Road (month) (date) (Address) (tor temporary license) Location: STRONG BEER: Yes A No Applicants who have an on -sale wine license, and have 50% gross earnings from food, may sell strong beer without an additional license. Applicants who elect to sell strong beer must carry liquor {lability Insurance. Are you the actual proprietor? Yes () No Pi Are you the owner of the property of the business location? Yes () No id Has any other license of this kind been granted to you? Yes ( ) No (a Where (City) (Year) Are any texas, assessments or utility bills for the permises unpaid or detiquent? Yes ( ) foo n. If yes, give reason. During the past year, has a summons been issued under the Uquor Civil Liability Law MS 304.A802? Yes ( ) No I yes, attach summary copy. Have you ever been convicted? Yes () No Pi City (Other than a traffic offense) b this a joint ownership or silent partnership? Yes ( ) No (). I yes, please attach a listing of complete names, dates of birth, addresses and telephone numbers fo everyone involved. I HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER UCENSE. (we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF. AUTHORIZED SIGNATURE (First) POUCE APPROVAL: YES () NO () SIGNED iAiddle) FOR CITY USE ONLY CITY COUNCIL APPROVAL YES 0 ) NO () SIGNED DATED DATE ON SALE FEE _OFF SALE FEE TEMPORARY FEE *25.00 PLEASE PRINT APPUCANT Ridings CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 NEW RENEWAL TEMPORARY APPLICATION FOR NON -INTOXICATING MALT LIQUOR LICENSE James David OWNER'S NAME Nelson Bruce Lawrence (Last) (First) (Middle) (Last) (First) (Middle) Address 3303 Red Oak Circle S. Address 40 Tower Drive (Street) Burnsville MN 55337 Darien CT eet) 06820 Pity) (State) (Zip) Pityp) ) (State) Phone 895-8672 Birthdate 3/3/56 phone (203) 655-8946 Birthdate 2/16/4 TRADE NAME Twin Cities Stores. Inc. # 590 MANAGER'S NAME Stevens Christy 5 it a n (Last) (First) (Middle) Address 4250 Lexington Avenue South Address 11/ 9.5-- Y e „- d ; e (Street) (Street Eagan MN 55112 t rt� e n /)l 6-‘5707 -�5 / d .3 qty) 688-0288 (State) Op) (GIN) 452-3821 (State) �P) Phone Phone Birthdate / - 13- - 6" Sf HEREBY APPLIES FOR NON -INTOXICATING UOUOR UCENSE for the year ,from / to 12 / 94 . (month) (datel (month) (date) Event: Location: 4250 Lexington Avenue South (for temporary license) (Address) STRONG BEER: Yes R No Applicants who have an on -sale wine license, and have 50% gross earnings from food, may sell strong beer without an additional license. Applicants who elect to sell strong beer must carry liquor liability Insurance. Are you the actual proprietor? Yes ( ) No Aul Are you the owner of the property of the business location? Yes ( ) No ki Has any other license of this kind been granted to you? Yes ( ) No CO;Where (Gly) (Year) Are any taxes, assessments or utility bills for the permises unpaid or deliquent? Yes ( ) No ti If yes, give reason. During the past year, has a summons been Issued under the Uquor Civil Liability Law MS 304.A802? Yes ( ) No 14. If yes, attach summary copy. Have you ever been convicted? Yes ( ) No pi CIty (Other than a traffic offense) Is this a Joint ownership or silent partnership? Yes (_) Nc ). 11 yes, please attach a listing of complete names, dates of birth, addresses and telephone numbers fo everyone Involved. 1 HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER UCENSE. I (we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF. AUTHORIZED SIGNATURE (First) r (Ft7ff Middle) FOR CITY USE ONLY POLICE APPROVAL YES () NO () SIGNED CITY COUNCIL APPROVAL YES () NO () SIGNED DATED DATED DATE ON SALE FEE OFF SALE FEE TEMPORARY FEE 825.00 PLEASE PRINT APPUCANT Ridings CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 APPLICATION FOR NON -INTOXICATING MALT LIQUOR LICENSE James David (Last) (First) Address 3303 Red Oak Circle S. (Street) Burnsville (City) Phone 895-8672 (Middle) MN (State) Birthdate 55337 3/3/56Zp) OWNER'S NAME Nelson Address Darien (City) Phone (203) Bruce NEW X RENEWAL TEMPORARY Lawr ence (Last) (First) 40 Tower Drive (Street) CT 06820 655-8946(State) 2/16/496 p) Birthdate (Middle) TRADENAME Twin Cities Stores. Inc. #594 Address1286 Lone Oak Road • Eagan (tri) Phone 452-1231 (Street) PIN (State) 55121 PP) MANAGER'S NAME Thompsen Cindy Sv(Last) ,�1 (First) (Middle) Address l / ? D `�}✓ . r✓ it n 5 v , rk w y L_ �, / (. (Street) )3wr n. �I /27 L5 .031.3:7‘. 3 (MO- (Zip) Phone 440-16.68— Birthdate (o ,2 - �, 1 HEREBY APPUES FOR NON -INTOXICATING UQUOR LICENSE for the year Event (tor temporary license) STRONG BEER: Yes X No Applicants who have an on -sale wine license, and have 50% gross earnings from food, may sell strong beer without an additional license. Applicants who Ned to sell strong beer must carry liquor liability insurance. ,from / to 12 / 94 . Imonthl Idatel (month) (date) Location:1286 Lone Oak Road (Address) Ne you the actual proprietor? Yes ( ) No Are you the owner of the property of the business location? Yes ( ) No kit Has any other license of this kind been granted to you? Yes ( ) No (KX Where (city) Are any taxes, assessments or utility bills for the permlses unpaid or deliquent? Yes ( ) No pg. If yes, give reason. During the past year, has a summons been Issued under the Uquor Civil liability Law MS 304.A802? Yes ( ) No If yes, attach summary copy. (Year) Have you ever been convicted? Yes ( ) No 1r4 City (Other than a traffic offense) Is this a joint ownership or silent partnership? Yes ( ) Nok(). If yes, please attach a listing of complete names, dates of birth, addresses and telephone numbers fo everyone involved. 1 HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MANAGERS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARMLESS FROM ANY AND AU. CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CiTY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING FROM THE GRANTING OF THIS 3.2 BEER UCENSE. 1 (we) HEREBY AGREE TO OPERATE SUCH BUSINESS 1N ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOREGOING STATEMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF. AUTHORIZED SIGNATURE (First) (f1?R9vtiddie) FOR CiTY USE ONLY POLICE APPROVAL: YES () NO () SIGNED DATED CIT y COUNCIL APPROVAL YES () NO () SIGNED DATED CITY OF EAGAN SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT IMPORTANT INFORMATION FOR THE APPLICANT NO FIREARM DEER HUNTING WILL BE PERMITTED except during those special hunting seasons authorized by the City Council, and controlled and conducted by the Department of Natural Resources for wildlife management purposes. Applications for special hunting permits will be considered for deer (bow hunting only), ducks, geese and pheasant only on Parcels of Property of five acres or more and zoned agricultural. commercial or industrial, The maximum dates of the season for each wildlife hunted shall coincide iiith the hunting dates established by the Minnesota Department of Natural Resources (DNR). The Eagan City Council may, at its discretion, reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special hunting if the permit does not serve the purposes of wildlife management, even if the applicant has complied with all of the requirements. Any hunter listed in this application may hunt only when accompanied by the applicant. A copy of this permit and appropriate identification must be carried al all times for verification by the Eacan Police Department. L Name: Ci? -4E / . A/0/4 2. Street Address: l 3; 2 rF?2/S' 4t 3. City/State/Zip Code: l>ti, . 7a y 4. Property Owner's Name (written permission from the property owner must accompany this permit application): Tos Kp_ii snit K_ S. Property Location Description: 7, ,/ 4C/25 /,v , 4. . 7brl/2&/t/P 7 /?/44)6 2 3 645 T 5 OF- SE• 74e z_&-__55 iv? f% /Zo w 6. Type of Game to be Hunted: DEE2 7. Specific Hunting Dates: vow /Dec 3/ IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY 8. Name (Beginning with the Applicant): CrF6. A. ,\/.04)43 9. Address: /,‘,10),2 /S ,11910z as /5-07 Ca A,CI LA) _ 10. Vehicle License #. /32 'i° 11. Police APooyal,/ I M, X0`31 q c\wp51\forms\hun p vise d 10/94 12. City Council Approval Date: 13. Expiration Date: 0(3vi%,� s2 X0,7, ,- ''''C � �- �------ 9' 1 -z CITY OF EAGAN SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT IMPORTANT INFORMATION FOR THE APPLICANT NO FIREARM DEER HUNTING WILL BE PERMITTED except during those special hunting seasons authorized by the City Council, and controlled and conducted by the Department of Natural Resources for wildlife management purposes. Applications for special bunting permits will be considered for deer (bow hunting only), ducks, geese and pheasant only on parcels of Property of five acres or more and zoned agricultural, commercial or industrial. The maximum dates of the season for each wildlife hunted shall coincide with the hunting dates established by the Minnesota Department of Natural Resources (DNR). The Eagan City Council may, at its discretion, reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special hunting if the permit does not serve the purposes of wildlife management, even if the applicant has complied with all of the requirements. Anv hunter listed in this application may hunt only when accompanied by the applicant. A copy of this permit and appropriate identification must be carried at all_times for verification by the Eagan Police Department. 1. Name: C...12,E A /O 2. Street Address: / 3i)c)() l -,6X1-5' 79VE 3. City/State/Zip Code: ,4P/Zt." a(( ,(.2 =S-V.Dy 4. Property Owner's Name (written permission from the property owner must accompany this permit application): 5'7- 0-70 1-1- A.) /1) E &4- v4 --x' C l- t, RCI -4 5. Property Location Description: 4v 3O p/Gv7 lCi(iv3 /04-0 (/9/=/' 6f '/'s C''*-'-''. .' C` _ICK vr` ,l: , n% 711). v 6. Type of Game to be Hunted: 7. Specific Hunting Dates: Uw 7-7/ z<_, /mac 3/ S' /`�% /1/ IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY 8. Name (Beginning with the Applicant): CreniE E 4 . /✓o /Ix) 9. Address: 13a /S r9t/L i4YPe. 1 46 /VW, ss/a q 10. Vehicle License # a i3,1 4 11. Police Approval/Date: 12. City Council Approval Date: 13. Expiration Date: c\wpS1\forms \hunting.prm Revised 10/94 � Church of Saint John Neumann 4030 Pilot Knob Road • Eagan, IvN 55122-1898 • (612) 454-2079 LIVING STONE WI October 31, 1994 To Whom It May Concern: Craig Nolan has our permission to Bow St. oh nNeumeer onannrlsh locteat property030 durinPilotthis Knob Road, Bow Hunting season. The Churchded owns 1330 Deerwood Drive, a 4.6 acre property DDerwood Drivewith a ence and is where Mr�No amint�ndseoast of its parking lot. The wooded area at 133 hunt and he does so with our blessing. Thomas J. Schumacher Business Administrator CITY OF EAGAN SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT IMPORTANT INFORMATION FOR THE APPLICANT NO FIREARM DEER HUNTING WILL BE PERMITTED except during those special hunting seasons authorized by the City Council, and controlled and conducted by the Department of Natural Resources for wildlife management purposes. Applications for special hunting permits will be considered for deer (bow hunting only), ducks, geese and pheasant only on parcels of Property of five acres or more and zoned agricultural. commercial or industrial, The maximum dates of the season for each wildlife hunted shall coincide with the bunting dates established by the Minnesota Department of Natural Resources (DNR). The Eagan City Council may, at its discretion, reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special hunting if the permit does not serve the purposes of wildlife management, even U the applicant has complied with all of the requirements. Anv hunter listed in this application may hunt only *hen accompanied by the applicant. A copy of this permit and appropriate identification must be carried at all times for verification by the Eaean Police Department. L Name: Mao fen }_ . S-1-e_I-frz, 2. Street Address: nn H309 SonrisQ._ 3. City/State/Zip Code: Ea901r\ MN 4. Property Owner's Name (written permission from the property owner must accompany this permit application): Rona I & C ri1 l,Je, I 1 5. Property Location Description: Not --4h E s I oc 3sE + NWJeq in rsec+iO►'1 (eer Co.� qD Acres 6. Type of Game to be Hunted: Deems 7. Specific Hunting Dates: Nov 8)19?/ -4 -/-h,-u Lc 31) /61q14 IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY 8. Name (Beginning with the Applicant): (Via oree-V\ 9. Address: I-1309 S onr i e- RR Ca9Q,x 10. Vehicle License # y�l cccP te: 12. City Council Approval Date: 13. Expiration Date: Maureen K. Steltz of 4309 Sunrise Road, Eagan has permission to bowhunt on my Eagan property for the 1994 bow and arrow hunting season as regulated by the DNR and allowed by Eagan City ordinance. // - Property owner's Signature Date CITY OF EAGAN SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT IMPORTANT INFORMATION FOR THE APPLICANT NO FIREARM DEER HUNTING wile BE PERMITTED except during those special hunting seasons authorized by the City Council, and controlled and conducted by the Department of Natural Resources for wildlife management purposes. Applications for special bunting permits will be considered for deer (bow hunting only), ducks, geese and pheasant only on parcels of Property of five acres or more and zoned agricultural. commercial or industrial, The maximum dates of the season for each wildlife hunted shall coincide with the bunting dates established by the Minnesota Department of Natural Resources (DNR). The Eagan City Council may, at its discretion, reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special hunting if the permit does not serve the purposes of wildlife management, even if the applicant has complied with all of the requirements. Any hunter listed in this application may hunt only when accompanied by the applicant. A copy of this permit and appropriate identification must be carried at all times for verification by the Eagan Police Department. 1. Name: - - /(✓,5d 4 -I t�J A� y � 2. Street Address: /6. /c9Sa .5— 4-2 d //^ 3. City/State/Zip Code: �f 4 6 S.r7.,P3 4. Property Owner's Name (written permission from the property owner must accompany this permit application): cv', // ..-eP#S-- mLi G' (eshe- G .,l i 5. Property Location Description: Pet- P h 6,,.. . /t orf / `l'r Cm/--' `.. f- i--. -!---P 74- C------ G A• .0E./-- -47— /4 e ` C-2 6. Type of Game to be Hunted: e./-- 7. Specific Hunting Dates: 1,- r,ISn oonly owne/r- g'iv�5,R�r Ur +, 11-30-01-1 Gp IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY 8. Name (Beginning with the Applicant): 7.--,'A-- 9. Address: !�P f� o �� ,../.,m/. �G 4 4f Q y/ fir( Y 10. Vehicle License # '702 F nM' 11. Police Approval/Date: *e-3--/ flit lid 12. City Council Approval Date: 13. Expiration II 1l30iq Date: \wp51\forms \h\iiting. spril! Revised 10/94 OCT 19 '94 08:39 PBE OCT. -18' 94(TUE1 16:20 COPIES & INK 210 P01 TEL:612-454-8854 T.R. MICHELS Consultant & Guide Worldwide Adventures October 1E3, 1994 Mr. Teter Lund Power Brake Systems i.agen, MX FAX b45-33ub Kr. Lund, As per out conversation I would like yo hunt your property near the lake on Mike Col any claim to liability on your part while 1 property. If you would sign the Lower portio it would fulfill my needs with tne City o1 E for your assistance. Sjrj.4,-/47 michels 1 give T.R. ilicnels permission to hunt of Power Brake Systeme x3orchert Lane and Mik in lagan, MAT. t/, T/L //-30_ 94i -,v Signed eter Lun Power Brake Systems nifer TM Carnouf iage r permission to ins Drive. I waive m on the Of this letter gan. Thankyou n my property Collins Drive Suite 1490 8400 Normandale Lake Boulevard Bloomington, Minnesota 55437 Telephone: 612 921-2100 Facsimile: 612 921-2094 REAL ESTATE INVESTMENT OFFICE October 18, 1994 mfut a��e m T.R. Michels 916 Westcott Square, Apt. #201 Eagan, Minnesota 55123 RE: Eagandale Industrial Park Eagan, Minnesota Dear Mr. Michels: As the local individual responsible for the Eagandale Industrial Park in Eagan, owned by The Northwestern Mutual Life Insurance Company, I hereby grant you permission to enter and be upon the above referenced land for Minnesota, p fission population. the purpose of studying its deer As I explained to you on the phone, which you said you understood, you will property at your own risk and responsibility. This permission is valid through April 30, 1 1 the g P Good luck studying the deer. 995. Yours truly, ale . Ube Regional Manager DEH/te THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY • Milwaukee awnommomemisrumati INLAND TRUCK PARTS COMPANY "An Employee Owned Company" RV "Products & Service III III You Can Rely On" 14785 Martin Dr. • Eden Prairie, MN 55344 (612) 934-9626 • TOLL FREE 1-800-552-1230 MINUTES 00-:.-A:SPEdiA. ''...•••••••••G. OF THE EA.GAN tire COUNCIK::.:: tiigan, Minnesota *per 11, 199*:;:. • •••••••••••• •••••• A special meeting of the Eagan City CotliritiFii:lidon Tuesday, October 11, 1994 at 5:00 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, and Masin. (Councilmember Hunter participated in the meeting by telephone.) Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, Asst. to Administrator Jon Hohensteip,::p9Iice.Chief pat.Geagan, Parks & Recreation Director Ken Vraa, and Finance Director Gene VanOve ' •.•:•::-:•-••••••••••••••••:::i • • • Administrator Hedges noted there was ...tiAtpiest by Coundilmember Awada to discuss the assessment of the Toni Caponi property of0hOiOffey'R.44.0.14ect later in the meeting. ON SITE'INSPECTION-POLICEFActuTy REVIEW SCREENING FOR GENERATOR , . , . ....,,,, Administrator Hedges noted that Council members reviewed the structure for the screening wall, which will cost approximately $12,000. TWoopsensus of the council was to go ahead with the screening wall. Councilmember Wachter asked whether be anchored to the building. Assistant to the Administrator Hohenstein stated he will follovi.005k.tha,:noting that if it is felt it is structurally sound, a change order will not be requested. •••••. DRAFT.1995 UDGET • There was some discussion regaarig answers to questions raised previously concerning membership in the Municipal Legislative Commission, and use of cellular phones. Administrator Hedges reviewed the activity based costing report, five year General Fund budget projections and other budgetary matters discussed at the August 23 City Council meeting. Parks and Recreation Director Vraavave:an:pak:wiit,IT.na9ement presentation, comparing the 1993 and 1994 programs and explained why itit:f&the*:00::00i0pot it. Gregg Hove, City Forester, reviewed the special appropriation for oak wilt measures, whichOcluded prevention and education; control measures; and reforestation of oak resource. He explained thegication4114rochure, and video presentation; and the use of aerial photography, vibratory plower and dis04ed treeit.44imp removal as control measures. Jeff Perry, Parks/Forestry Maintenance Worker, noted thatthere haO?een a substantial reduction In the number of trees being lost to oak wilt, noting that the vibratory plowing:R.1s helped significantly in public areas. He reviewed where the infection centers have been located, and the reforestation project. Councilmember Hunter stated he would like to know where people are hearing about these services when they call City Hall. Jeff Perry indicated that approx:Irnately 75% of the callers referred to the educational brochure. Councilmember Awada expresse0000iii400411*.Olular phone bill in the Parks & Recreation Department, noting it has doubled since Ia ar 4Rereation Director Vraa noted that they have additional park programs and gave some examples where the:p.hones have been used. EAGAN SPECIAL CiTY COUNCIL MINUTES; OCTOBER ;:' PAGE2 • "'• ptuk.n. 1V95 P' I"NTERP> ISEiki DOE. Administrator Hedges stated that the'7Wat .{}ep ctmi tt#'budget, without capital increases, results In a 1.6% increase over last years budget. 146::tit t3set:the Sanitary Sewer budget, without capital increases, results in an increase of 1.9%. He added that there were no requests for additional personnel. Councilmember Wachter asked about the water treatment plant repairs listed in the budget, and Wayne Schwanz, Superintendent of Utilities, .noted that this is the contingency account for unforeseen repairs. Councilmember Wachter asked about the Satiffiry SewOliiidget, stating he thought the city already had a TV line camera. Public Works Director Colbert:r oted that the city doesn't have one; they have rented one in the past. Wayne Schwanz, Superintendent.: :Utilities, ailed that the city has spent over $7,800 in rental fees for this equipment. Public Work:Dlretrsr:ii plbei't.ioted that the advantage of having one of these cameras is that they can tell whethei':a•'pi=o'blem Iisis: t the city's portion of the pipe, or in the private portion of the pipe. Councilmember Hunter raised a question about the increase in MWCC charges. Administrator Hedges noted that all streetiighting, including semaphores and intersection lights, was moved to the enterprise budget about three years ago. He noted that the Storm Water/Water Quality budget is based in Park and Recreatiorte:noting there is a deficit In that account. He stated that the percentage projections were disproportion a.t&;:::specially with the amounts expended for renewal and replacement. He noted the public improvemei t':pigji2.ets::fpr.the redevelopment of streets in Cedar Grove have created a significant short-term deficit in the Sfoihtister/Water Quality fund. They have received some grants to offset some of the deficit. ' Administrator Hedges noted that 7.3% Qftf uset fee revenues anticipated In 1995 will be dedicated to operations, which doesn't leave much fi f46.other categories, such as expansion and modifications. Councilmember Awada asked why there is so much allocated to engineering in 1995. Parks and Recreation Director Vraa noted that a grant for the Schwanz Lake project will be reimbursing 80% of that amount. Considerable discussion followed concerning insurance, chemical, and electrical costs. Administrator Hedges noted they are getfipg:a.0ett6r tndle.Ap..the operations budget. Discussion followed on the percentage allocatjoris 'Of user fees. Councilmember Awada stated she feels that $300,000 is a lot to allocate to operations, kind asked:whether it is working. Parks and Recreation Director Vraa reviewed how the water quality program:got startefl Awada suggested they look back at the program since it started and evaluate whether it Isi . ing. P.ar ss and Recreation Director Vraa indicated they are seeing some indications of success. Discussion foliti44d on the computer model. Mayor Egan added that he would like to have that analysis. Administrator Hedges suggested that the Council discuss the civic arena budget at a later date due to time constrains. Councilmembers concurred. Regarding the five year budget projections, Councilme nber Awada expressed a concem that there was an overall 5% budget increase in 1995:it:0:ng:;s:eic#:ttlere is no increase. Administrator Hedges noted that it is the tax capacity rate whic143 :403k 2a:s ng:apd that there was also a 4 1/2% increase in revenues. He added that the city won't always have as much revenue from building permits as there has been in the past, and as a result, the Council and staff need #a:start planning for that. .Awada noted that a 3% increase in salaries amounts to more than that when step:increases, increases in hospitalization, etc. are taken into consideration • Community Development Director Rel *iert: ;r}otet#::Siafi':is looking at some major changes to the zoning ordinance. She noted that any major cfiaitigig:iiVilt::be'brought back to the Council at a workshop for discussion and direction, and that small issues will go to the Planning Commission. She led the Council in a discussion about whether churches should be allowed in industrial areas. Awada stated she likes that idea because they. utilize parking Tots when most other businesses don't. Masin concurred, stated she doesn't see any reasbif:sre?t:pii:al£tiw:t t ti The consensus of the Council was that free standing churches should not be perriifttecf but: ii be.a'Epitiditional use in a multi -tenant building. Community Development Director Reichert raised the issue of zoning enforcement. She stated that Dakota County standards have been used in the pa%1 nuisartira pomplaints, and she doesn't feel they are strict enough. There are things falling through:tiio:4rdcks:ar d:th a is no one to enforce it. A housing code or some other type of regulatory process 1s' fieecfed. Fli iitk: stated a regulatory ordinance Is fine, but he feels It should be written broadly. Councilmember Awada stated she would support some kind of process. Community Development Director Reichert noted that she met with representatives of Opus regarding development of the O'Neil property in concert with the ring road project and the necessary Comprehensive Plan amendments, as well•:as. transportation improvements. She further led the Council in a discussion about the land area genera#y:ded by Highway 149, 1-494, and Highway 55 that is designated Planned Development on the zonrng:jap:Gorp.munity Development Director Reichert stated there Is no planned development agreement, or. :any jiiaii tf:developed plan for this area in the records. She is recommending that the City initiate a IaiiCI use study::p€.:t#ie area to determine what it should be guided and zoned. Councilmembers gave itieir:::c0ncurr nce, stating that this area is logical for redevelopment in the near future. Community Development Director Reichert stated that the Advisory Planning Commission has expressed interest in meeting with the City Council to further determine their role as an advisory commission. She further stated that it is important that the city recruit some good candidates for the Planning Commission in the future to deal with comprehensive projects such as the central city, ring road and other developments. She stated that.both..gpn..Vora.cek..att Mark Miller's terms will be expiring and due to their consecutive three year terms,::tiia ?: :n iQtrger ie serving as advisory commission members. She further stated that the Economic Developii rent Cori riiission has had some very good meetings over the last several months, discussing the potenti4i3evelopriieitit of an economic development authority or port authority in Eagan. There was some discusshb as to w1 ther the city should proceed ahead with an economic development authority and whether legal assistiiii6 should be pursued through a law firm specializing in preparing economic development authorities. There was a general consensus that the firm of Holmes & Graven be contacted for some consultation. There was also a discussion regarding the proposed Miry Caponi assessment. Councilmember Awada stated she had met with Mr. Capon}; AN{:fita.ra 0:iwpe :excellent arguments relative to the special assessment proposed for the Diffley Roacl:3i iiti aemt 5 c3: y the amount is deemed excessive. Staff members stated that Mr. Caponi's property is zoned Public Facilities, and the assessment rate applied to the Diffley Road improvements are no different than the city vv40.t1 apply to its own park land, churches, or any other property zoned Public Facility. Councilmembers:Kited that there Is some difference in that churches do collect revenue through offerings and the city has the authority to tax for these improvements. It was generally agreed that the assessmerit*:.were excessive:AN should be revised to coincide with an agricultural zoning as a matter of fairness aiialp..the unique!** of his development as an art park. V)JOUR-14 There being no further business to discuss, the meeting adjoumed at 10:30 p.m. DLP A special meeting of the Eagan City Council was held on Tuesday, October 18, 1994 at 5:00 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert and Assistant to Administrator Jon Hohenstein. Councilmember Awada updated tti2'C<itint on t#is iiiofit(uito abatement issue, noting the Council needs to deckle how to structure the public hearing :She indicated she doesn't feel the public hearing should be repeated twice, both at the APRNRC and. City Council,' Councilmember Wachter informed the Council of a new approach to mosquito control, vwh$ ein a ptcc cict is used that makes them unable to reproduce. Councilmember Masin Indicate si::91?e :is cor fprtaktfe:w3fh letting the APRNRC holding the public hearing, as long as both sides are well repre$etited: Sev;t:sttgg'estions were made as to when the hearing should be held. Councilmember Awada added that the city should consider televising the hearing or sending out notices. Discussion followed on how the meeting should be held. It was the consensus of the Council that only one public hearing should be held, with both the APRNRC and City Council present at the hearing. EAGAWMENbOTA.HE1C :'oBRIpOR COMPI.IANCIr ANR oppy Administrator Hedges noted there has been tt vicir g •interest of having elected officials on the MASAC. It may be important for the Council 4:6onsider havang:elected officials at those meetings. • Assistant to Administrator Hohenstain : 10.4* ri :Fate on the Eagan /Mendota Heights corridor and airport noise issues. He Indicated that there:fiave'been efforts to fan the traffic outside the corridor, which Eagan doesn't support. He noted that fanning of traffic would offer no relief to the areas suggesting that the corridor be dismantled. It would shift more impacts at lower altitudes over urbanized residential areas in Eagan and underutilize the noise compatible character of the corridor. He added that there have been an Increase in the number of complaints about airport noise from the east end of Eagan, and it is felt that this is because a large number of aircraft are. traveiing of the corridor. Data has shown a 30% non- compliance with the south boundary of the.:oorr fpr: :10:# t :two months. The Council agreed that aircraft compliance with the corridor Is essential 'and • riot to be ccOtnprorrfised. He noted that more cities are including elected . officials ii: AASAC activities, and feels Eagan should consider having at least one elected official attend tie meetings, especially since the Mayor is president of N.O.I.S.E. Mayor Egan stressed how important this issue is : ::;k.e indicated he would be willing to attend these meetings; however, due to time constraints, he feels other council members may have to take over some of his other commitments. Discussion followed on time commitments and how council members can coordinate their schedules. l0.CA'1t}N fli Public Works Director Colbert .s noted :.chaff: r� :.s4.t; o..e late this aftemoon relative to the Birch Street vacation, which is on the agenda for p is #ie *;.tfig l The regular meeting. In a review of the CIP, relative to the upgrade of Wescott Hills Drive, staff d scovered'that the city doesn't have right - of-way for Wescott Hills Drive over one of the parcels benefitting from tt* *acation. As a result, he. will be asking the Council to impose a condition on the vacation that this right - -May dedication be required for the proposed vacation. The property owner has refused to agree to the land swap, and without the vacation, the subdivision of Red Oaks Addition will probe proceed, Ha wanted the Council to be aware of it as It will likely become an issue when this item Es dIevssed . :ATA=PDAT.E:1)RP.ENDING :DEVELOPMENTP..ROjECTS. Community Development Director Reichert noted that the Red Robin restaurant proposal Is moving forward; however noted that as a result a ni4m1;* peedto be removed by the pond. Discussion followed on how items continued by the Mvipry Patfk ebGtIon & Natural Resources Commission should be handled. Community Develop;rneiif tiii noted she feels Planning Commission members need some direction on applying the tree 0feiervatiot4sblicy. The City Council indicated that the development review process should proceed and tixt4tem shooki move on to the Planning Commission. Due to time constraints, it was de!C340 on other development items until the end of the regular meeting. The meeting adjourned at 6:30 p.m. Date • • City Clerk • DLP 7 8. THE "MORNING AFTER" November 1, 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 November 1, 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. 1. CONSENT AGENDA The hiring of Beverly Griffin as a youth development pre - school assistant and Carla Crumble as a youth development alternate pre - school assistant was approved. 2. The hiring of Camelia Balow as a Clerical Technician III in the Engineering Division was approved. 3. The hiring of John Serier as a community service officer was approved. 4. The resignation of Liz Korbein, Clerical Technician III in the Parks & Recreation Department was accepted. 5. The contract between the City of Eagan and the Center for Urban and Regional Affairs, University of Minnesota, for a Planning Intern was approved. 6. The plumbers' licenses for Easter Plumbing, Mueller Plumbing & Heating and Peterson Plumbing & Heating were approved as presented. 7. Bid Division 18 for lockers and benches for the Police Department construction project was awarded to Primary Equipment in the amount of $39,000. A moratorium on the issuance of additional residential or combination commercial- residential refuse collection licenses for a period of one year was approved. 9. The minutes of the July 19, 1994 Special City Council meeting were corrected as indicated. 10. Changes to the utility billing system were approved in concept and staff was directed to prepare the appropriate City Code amendments. 11. A special use permit to allow Bill Brabec to sell Christmas trees on Lot 3, Block 2, Knob Hill Professional Park was approved. 12. The bids for Contract 94 -17 (Red Pine Lane - Streets & Utilities) was received and the contract was awarded to Ryan Contracting in the amount of $350,483.30 with Alternate #1. 13. The resolution for acquisition of the Borchert Ingersoll tax forfeit property was approved. T� _4e4 fia_C 14. An amendment to Chapter 11.10, Subdivision 3, regarding non - conforming structures and uses was approved. 15. An amendment to Chapter 11.22, regarding interim use permits was approved. 16. An amendment to Chapter 11.03 (65), 11.10 and 11.40, regarding special permits was approved. 17. The cigarette licenses and service station permits for Twin Cities Stores, Inc. for the Fina stores located at 3150 Dodd Rd. 4250 Lexington Ave. and 1286 Lone Oak Rd. were approved. 18 The maintenance agreement between the City of Eagan and ElectroCom Communications Systems was approved. 19 The feasibility report for Project 676 (Duckwood Estates - Streetlights) was received and a public hearing was scheduled for December 7, 1994. 20. The specifications for Contract 94 -18 (1995 Sealcoat - Aggregate) was approved and the advertisement for a bid opening to be held at 10:00 a.m. on Tuesday, November 8, 1994, was authorized. 21. The special bow hunting permit for deer for Robert K. Sandeen was approved. 22. The special bow hunting permit for deer for Stephen L. Huettl was approved. 23. The special bow hunting permit for deer for Kevin McGrath was approved. 24. The special bow hunting permit for deer for Daniel Mason was approved. 25. The special bow hunting permit for deer for Todd J. Olson was approved. 26. The special bow hunting permit for deer for Tim Folkerts was approved. 27. The special bow hunting permit for deer for Vincent LaCroix was approved. 28. The special bow hunting permit for deer for Gregory J. Arens was approved. 29. The week of November 11 -18 was proclaimed as Minnesota Chemical Health Week, sponsored by MADD. PUBLIC HEARINGS 30. The public hearing for Project 646 (Blue Cross Road - Streets & Trailways) was closed and the final assessment roll was adopted with any unpaid amount certified to Dakota County. 31. The public hearing for Project 659 (Dodd Road - Streets & Trailways) was closed and the final assessment roll was approved with its certification to Dakota County authorized. F L, 32. The public hearing for Project 660 (Wilderness Run 1 -4 Additions - Street Rehabilitation) was closed and the final assessment roll was adopted as modified deleting Lot 6, Block 2, Wilderness Run 1st Addition with its certification to Dakota County authorized. 33. The public hearing for Project 647 (Englert Road - Streets & Utilities) was closed and the final assessment roll was adopted with its certification to Dakota County authorized. 47/ NEW BUSINESS 34. Approximately 1.1 acres of PID #10- 02300 - 031 -54 was declared surplus public property; a subdivision of this parcel in order to facilitate the sale of the one acre portion was initiated; and the City was authorized to enter into a purchase agreement with Ray Connelly for the surplus parcel at a price of $3.00 per square foot with all assessments paid. 35. A preliminary subdivision for Vantage Point - Remo Caponi, consisting of 11 single family lots, located west of Lexington Way along the south side of Diffley Road was denied. 36. Action was taken to prepare findings for an action to deny the Vantage Point Subdivision. 37. Action was taken to appeal the Writ of Mandamus issued by the District Court to issue a Certificate of Preliminary Plat Approval. 38. A co :. itional use permit for Stiner Corporation to allow outdoor storage of 1,.nicles and equipment on Lots 4 and 5, Block 2, Sibley Terminal Industrial Park, located west of Sibley Memorial Highway and east of Terminal Drive was approved. 39. A conditional use permit and variance for Triple S Investments to allow a pylon sign on Outlot A, Town Centre 100 - 13th Addition was approved. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE 40. A consensus by City Councilmembers on the top five AMM legislative policies for submission at the annual AMM legislative meeting on Thursday, November 3, 1994, was provided to the City Administrator. 41. Councilmember Wachter, who had attended the Board of Directors meeting for the Dakota County Partnership, shared comments and observations with the City Council regarding the overall direction and cost for membership regarding the Dakota County Partnership. ADMINISTRATIVE AGENDA 42. Clarification and interpretation of massage therapy and its use in the first paragraph and under B, Subdivision 3, Prohibited Establishments or Operations was provided by amending the October 4, 1994 City Council action to strike B. - -,e4L,z 43. Direction was given to staff regarding g ing the acquisition of the Holz Farm, The City Administrator was directed to request celebrations and public relations activities on officials. /'$ 44 • 45. The discontinuance of water service to owners until access is gained or an changeover was continued to Department City Council meetin bills for community behalf of the City the identified list of property appointment scheduled for meter Head Business at th g- a November 15 46. A resolution requesting MnDOT financial participation for Project 3 Reconstruction @ Red Pine Lane) was approved 673R ( Clerk were authorized to execute said documented and the Mayor and City 47. Regarding traffic restrictions for Dodd was directed to proceed with keeping Road, sou „h of Cliff Road, staff investigate the cost to contract enforce ent of a specific weight limi restriction. limit re-- 48 • A portion of Center Street hearing was scheduled for Decembers7�End Road) was vacated and a public 1994. __JillaeL- 49 All bills were approved and ordered paid. • Hunter moved, Wachter Aye: 5 Nay: 0 Mayor Egan requested that a corre;ptilq0)*:thatW:00 9, paragraph 4, by replacing the words, "They are experts in this area. to ltie DNRlS the expertr1this area, riot the City of Eagan. Wachter moved, Awada seconded a motion to approve the minutes as corrected. Aye: 5 Nay: 0 Councilmember Awada added to the end of the min reflect the discussion relative to different ways of deilinii01:j.ocal access, such as working with other communities. Awada moved, Wachter seconded a motion iii as amended. Aye: 5 Nay: 0 . There was no one wishing to speak:Orig!!Er.:this CouncUnmember Hunter raised a concern about the discussion by Solid Waste Abatement Commission regarding organized hauling. The issue raised by the Council was that there are too many haulers. From reading the minutes of the:rKtgpi missed the point this His idea of organized haulers is to simply Widlieitt:Vit*:01:iiiiiteis licensed for operation In the city. There would still be competition under that scenario. It wasn't interit to have the city get involved in hauling. Wachter concurred, noting that there are so many heMf trucks4 down the same streets, which causes wear and tear on the streets. Administrator Hedges noted that information was con40d to the Recycling Coordinator. A lot of what appeared in the minutes was concems expressed by the haulers. Assistant to the Administrator Hohenstein added that he has asked the Recycling Coordinator to put together a briefing memo to the Council because It is such a complex issue. He feels the Council concerns are well understood by the commission. Councilmember Awada asked whether the City Engiriiiir. saw the speed survey on Wescott Road near West Pub||uhing, and asked xvh h there. Public Works Director Colbert noted he saw the report; howevgtA50):#1** ythg state. In regard to Item L, Final Subdivision, Amundson Addition, Councilmember Wachter noted that lot splits should not take this long to process In the future. EAGAN CITY COUNCIL MINUTES; OCTOBER 18, PAGE 2 In regard to Item P, Add Alternate # #?olice DepartmeptfMunicipal Center Project, Counciimember Wachter asked whether the screen wall wilria kit r.ecf.t the building. Assistant to the Administrator Hohenstein noted the screen wall will be free A. personnel Items Item 1. It was recommended to approve the hiring of Jeffrey Perry as a Parks Maintenance /Forestry Worker, subject to successful completion,ti 0::giiy t: :gxaMittation requirement. Item 2. It was recommended to approve the hiring*Jsa Fria as Planner. Item 3. It was recommended to approve the hicirig'ipf Brlari lalson as a seasonal Street Maintenance Worker. • B. Plumbers Licenses. It was recommended to approve the plumbers license for Whelen Company, Inc. as presented. C. Recommendation, Airport Relations Committee, Support for Part 150 Funding Allocations. It was recommended to authorize staff to prepare correspondence to the City's congressional delegation, regional officials and the MAC Board in support of fiJf?i i.% for the Part 150 Sound Insulation program, consistent with MAC's capital improvement program. • D. Recommendation, Airport Relations Corinittee, Coriimats Regarding MSP Airport Long -Term Comprehensive Plan. It was recommended .iii adopi regarding the MSP airport Tong -term comprehensive plan alternative environmental: lo>rurpei t :as presented for submission. • E. Special Use Permit, James Bartizal, to :Sefif'Christmas Trees. It was recommended to approve a special use permit for James Bartizal to allow temporary Christmas tree sales on an undeveloped lot in the Thomas Lake Center shopping mall subject to the following conditions: 1. The permit is temporary and shall expire January 1, 1995. 2. All signage will require a sign ::periiiii:at :bier s} ect to the one -time sign fee of $2.50 /sq. ft. 3. The permit shall be subject to all applile Cod F. Special Use Permit, Boy Scout Troop 510, to Sell:thristmirees. It was recommended to approve a special use permit to allow the temporary sale of Christmas:ttses, wreaths, garland, tree bags and tree stands by Boy Scout Troop 510 in the Walmart parking lot in Town Centre subject to the following conditions: 1. The permit is temporary and shall expire January 1,.1995. 2. All signage will require a sign permit and be sufij9c3 to the one -time sign fee of $2.50 /sq. ft. 3. The permit shall be subject ;tt j{ 1 ak •dtie fequirements. G. Special Use Permit, Boy Scout Troop 345. to Sell Christina$ Trees. It was recommended to approve a special use permit to allow Boy Scout Troop 345 to sell Chrismas trees, wreaths, garland, tree bags and tree stands on vacant property in the Park Center Addition, subject to the following conditions: 1. The permit Is temporary and shall expire January 1, 1995. 3. The permit shall be subject to all 411 i# lvode requirements. H. Final Subdivision. Pines Edae Addition (Southeast Eagan). It was recommended to approve the final subdivision. I. Final Subdivision, Elementary School #: : r. : ifs tras:s of ended to approve the final subdivision. • J. final Subdivision. Bachel's Backyard. It was reajtAmendeflg approve the final subdivision. K Final Subdivision, Praise Lutheran Church. It t. come ifjed to approve the final subdivision. L Final Subdivision, Amundson Addition.: itiiies'Ieco i deli to approve the final subdivision. M. Final Subdivision. Yankee Plaza. it was recommended to approve the final subdivision. N. Contract 88 -FF. Acknowledge Completion /Authorize Maintenance (Country Hollow 2nd Addition Streets & Utilities) It was recommended to acknoy0dge completion of Contract 88 -FF and authorize perpetual City maintenance subject to warranty provisions::::::: :::. :... . 0. Joint Powers Agreement. South Metro Drua Task dr :::lt:was recommended to adopt the Joint Powers Agreement as presented. P. Add Altemate #1, Police Deoartment/MunitliottentelProject. Emeraency Generator Screen Wall. It was recommended to approve Alternate i#:t: Fci:iti6 of $12,309 as presented. • • 0. Special Hunting Permit, Rebecca Maurer. It was recommended to approve the special bow hunting permit as presented. R. Special Hunting Permit, Richard R. Maurer, Or. It was recommended to approve the special bow hunting permit as presented. S. Special Huntina Permit. Scott E. Olson. It was retmmended:to approve the special bow hunting license for Scott E. Olson, Jeff Adelmann and Clarence Ad lm nn as Ot•esented. T. Special Hunting Permit. Jeffrey J. Steitz. license as presented. U. Special Hunting Permit. Kevin McGrath. license as presented. It was 'recomn; ti led to approve the special bow hunting It was recommended to approve the special bow hunting V. Special Hunting Permit. Judy Freudenberg. ft was recon to approve the special bow hunting permit as presented. W. Special Hunting Permit. Darren Hvndrttari:''irwas faci;miriended to approve the special bow hunting permit as presented. X. Special Hunting Permit. Jon Cornwell. It was recommend&tto approve the special bow hunting permit as presented. Z. Special Hunting Permit, James Yanta. It was recommended to approve a special bow hunting permit for James Yanta, subject to police approval. Masin moved, Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 ADW410:1441$;A Building Project Chanae Order Procedure.. Awada movecl, Masin seconded a motion to adopt the the change order procedure for the building projegO presept0. ProclamationNiolence Free Week4iiiii Dav in Dakota County. After a brief introduction by Administrator Hedges, Hunter moved, Wachter seconded a motion to adopt the proclamation as presented. Proclamations. Administrator Hedges explained that the city Is being asked to proclaim October 22 as Make A Difference Day, wherein communities would encourage people to volunteer to do something to make the community better. He notedlOg:hp received the information, and stated It will be difficult to plan anything on such a short notice. DiSt'aSSiatqallowed on the number of proclamations received by the city. Awada suggested the city should just issue . 4100.i.Oclamations and they would mean more in the community. Masin concurred, stating the city Oilld highlight.thern more. Awada moved, Masin seconded a motion to deny this proclamation. Mayor EgOi4:sugges*Ipaaietaff notify the source of this proclamation that this was denied due to the untimeliness. Aye: 5 Nay: 0 • Masin moved, Wachter seconded a motion to approve the proclamation related to unfunded mandates. Masin explained to the audience what unfunded mandates are and suggested that citizens write to congress encouraging passage of the bill eliminating unfunded mandates. Aye: 5 Nay: 0 Vacate Drainage, Utility and Street Easements, fSunset 12th and Praise Lutheran Church Additions). Public Works Director Colbert noted thaf a pt3tk wa prest1d and a public hearing held to consider vacating a previously dedicated street eaibiiithii464:4D6iief and south of Diffley Road, as well as a public cul-de-sac on the north end of Stirrup Stre*: Actionsys continued on that item, because It was contingent upon the platting of Praise Lutheran Chi* AdditiOkto ensure that adequate right-of-way was replaced. Since that has been accomplished, apt*Oal is in *der. Hunter moved, Wachter seconded a motion to vacate the drainage, utility and street easements :1j3escribed within the Sunset 12th & Praise Lutheran Church Additions and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 ppg.pcligAmtips FINAL ASSESSMENT HEARING WOODLANDS Nofirx.gp.AppiTlo.0/TRAns END ROAD Mayor Egan Introduced this Item 'asTi'oj661154b;:tritifgiessment hearing for Woodlands North 3rd Addition/Trails End Road Streets and Utilities. Administrator noted that a public hearing was held on September 20, and action was continued due to objecticii*by property owners. ....... PAGE 5 Public Works Director Colbert explaitiOd..the backgrairiritt'of this project and the objections raised at the assessment hearing. He noted that th niciapr : p1 , 40it n was resolved through the platting of their property. They rescinded their objection, w1tfi ::0t0 :rest that special assessments previously the responsibility of the unplatted parcel be levied entirely against Lot 9 of the new Trails End Addition. Staff found It to be a reasonable request, but should be adopted by Council action. Assistant City Engineer Mike Foertch explained the objection raised by the Welters and the history of the demolition landfill on their roe �" " p p rty.'�?#i>#i�titttsl has stated that this property can be used as residential for yard, but they' i dVissd'' 2fnst . s o.Prie :: construction activity happening unless approved by the PCA Director. He explained severaii4tions available for developing this area. Staff feels the property Is developable, and that there is residual : property available for construction of a house outside of the area of the demolition landfill. Considerable di c i sion fotf Wed conceming the various configurations proposed by the Engineering Department; r:tI economic ilgisiderations of developing the property. Masin questioned whether the PCA would allow the City to install utilities through the demolition landfill area. Assistant City Engineer Foertch noted that construction activity has occurred on the demolition fill area. The City granted the owner an 18 month permit for storage of topsoil material across the entire area after the landfill was closed. Discussion followed concerning thr iviKat?an of the street and where utilities could be located under the various scenarios. Awada noted that tltirte : c.X:.©f. scenarios, double fronted lots will result. Wachter stated that in some cases, there are nq dater :iffer*rtives. Public Works Director Colbert added that staff also took into consideration the fact: slat the riiost usually comes from the first public improvement that reaches a parcel. As Trails: Enci Rpad::kt prt vements extend further, it will have to be evaluated whether there is additional benefit . .ta 11 Cef::'The parcel's only access uses this improvement, which is why it is felt that benefit is derive f: #tt rri:this improvement. Mayor Egan the opened the hearing to public comment. Cydney Welter, owner of the subject property, stated that they do not have access to water and sewer on their property. The stub is located on Trail Court. They were told by staff in the past that they would not place a stub there because .qf. the landfill. She noted that she has spoken to numerous developers, and no one wants to deal wit#itae:iIJ : :::::: Scott Welter added that the soil on top oftie Iandfill::area will be removed. He concurred that developers are not interested in this property. He made refe to the location of the water stub, and Public Works Director Colbert clarified that the wat . stub was: placed at that location at the Hoveland's request to accommodate the location of their proposed plat: #or the Trails End Addition. The Welters disagreed with that. Councilmember Hunter noted that it doesn't really matter where the water stub is now. The question is whether service can be provided if the property develops. He asked whether the $20,000 assessment includes bringing the stub to the end of the roadway. Public Works Director Colbert Indicated the assessment doesn't include extending the water stub. Awada asked whether the services could be provided and how much it will cost. Public Works Director Colbert indicated services can be provided at an approximate cost of $1,500 for a pair of services per lot. Rtisistant City Engineer Foertch noted It could run as high as $2,500 per lot, depending. .1;g49w : the .bids.cp:rne in. Councilmember Masin asked why '�fie''' "-iverit:'tlown so far since the area abutting the demolition landfill Is virtually useless. Public Works Director: :.Colbert responded that it is because of the townhouse development on the east side of Trails End Road:: :::#1r. Welter stated he feels that service was extended 60 -70 feet beyond the last lot for no purpose. The''Cify got the easement from him to curve the road around the pond. Public Works Director Colbert clarified that the developer acquired the easement EAGAN CrTY COUNCIL MINUTES; OCTOBER 18, PAGE 8 and dedicated it to the city. The City requI ad,the developer :lo - extend public streets and utilities to the southern limits of his development for future't ::::::::' Mr. Welter stated they spent $18,000 on this property because of a restraining order that was brought against them for using Cedar Street to get to their house. There was a property line discrepancy and they ultimately decided to purchase the property with the landfill on it to resolve the driveway issue. They are trying to resolve this issue to everyone's satisfaction. Carol Hesse noted that one of the atterriafi:aff is iproperty and wondered why they weren't notified of this hearing. Public Works Director Wien indii ed there were neighborhood meetings explaining these roadway concepts and she was notified of those. They are just concepts at this point. Mayor Egan dosed the public hearirsg .a0tlti6irgeAslis4ision back to the Council. Councilmember Masin noted that Howard Kyllo was looking of ails prti W and wondered why he decided not to do anything with it. Mr. Kyllo noted It was because of the fill area. They are convinced that it Is not hazardous, but there are disclosure issues, which materially affects the value of the property. Discussion followed conceming how fair market value should be determined for this parcel and how this could feasibly be developed. Councilmember Awada asked wii 9),Jt would feasibly work economically for the Welters. Mr. Kyllo responded that it would have to be higt; :iii €y.townhouses or apartments, but he isn't sure this is the appropriate location for them. • r Councilmember Hunter stated he feels:><k e $2Q,O0 a 5essment is too high because half of the land Is unusable. He suggested the Welters assessimient;3ie :reduced $10,000, and the remainder be assessed to Trails End Addition. He also suggesteii :t#tiii::r'ssessment be deferred until the either the land is bought or subdivided. Councilmember Awada brought up the idea of using this as open space. She stated that if the Council wishes to pursue this, they shouldn't make a decision on the assessment for this property tonight. If they do, the Council will preclude themselves from doing that. Councilmember Hunter stated he doesn't like the idea of having green spaces on land i1I seas : : :l i:ia5,lOkfollowed on that suggestion. Mayor Egan stated he feels the parcel is too small tto`{iiirstle'.triellilee ::: Public Works Director Colbert reminded the Council of the city's assessment policy as it relates fitglow this:area may develop. He indicated there have been other situations where rear yards and side yard$ were res}3ansible for upgrading adjacent right -of -way. Councilmember Wachter stated he feels there needs to tae some give and take in this situation. He feels this is a special situation, and it should be treated that Way. Mayor Egan stated he supports a reduction in the Welters assessment; however, he isn't certain this property Is undevelopable. He feels a compromise is appropriate. Councilmember Awada asked whether they will be assessed for a cul- de-sac in the future if it Is built. Public Works Director Colbert stated that they will be involved :iassessments with future extensions of the Improvement. He suggested that the Qour.G.i1...adApt thi assessment, and it could be deferred If an agreement is entered into within 30 days; # :coth t il decide whether the property benefits at all from the improvements that have been irigialled"to' :Aiiia a''and Masin Indicated they don't think It did. Hunter disagreed, noting that if someone purchases the easterly portion and develops lt, they will benefit greatly. Wachter and Egan concurred. Considerable i8si ussion followed concerning benefit and assessments. Several scenarios regarding assessments were Public Works Director Colbert stated he doesn't think any services will be taken off the existing utilities in its present location. They will probably come from an extension of these utilities and streets as It extends south and west along Cedar Street Wachter and Awada concurred. NiO4..Egan statecilii:iat case, perhaps the Welters should be removed from all consideration of this projedi*0.:IPPIP,..0..:** in an assessment project in the future. If the Council does that, there is $20,000 that will iiitiOAPO4Stiread among other properties. Public Works Director Colbert reminded the Council that approximately $6,900 of the assessment is for the street and street drainage. The property in Its current condition benefits from a paved street because it is their only access. Awada concurred. Mayor Egan asked whether they could assess for street only and remove them from the utility assessments. Public Workspirector Colbert noted that if this property does take access to these utilities, there would be a connection00404cF41#0 utility assessment The Council needs to decide whether a portion of that should ii is a reallocation, another public hearing needs to be held. Mayor Egan added that an agree6i4iiit has b'40 reached with the Hovelands, and if any amount is respread, It needs to be decided whetherAey will b..e.lnduded in the reallocation. Hunter moved, Wachter seconded-.;k. iti Oi***09s?:#.■0:13ublic hearing for Project 648 and direct Wiffastaff to revise the final assessment roll to te th *rj sewer and water lateral assessments for Parcel 10-01400-014-02 proportionately to the Trails End and Woodlands North 3rd Additions and reschedule a new final assessment public hearing for November 15, 1994. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/DIFFLEY ROAD Mayor Egan introduced this item 4 607, Final Assessment Hearing for Diffley Road. After a brief introduction by Administrator Hedge Colbert explained the location, proposal and associated costs. He noted that after researchirigia5/0i objections and issues, they are recommending that assessments on four parcel::ie modified....1* out a written objection from Harry and Phyllis Deer, that was just received. He riae0#:)at:0*i**is an objection raised on the Capon' Art Park, and although staff is recommending that be modified down to the previous agricultural zoning, a written objection was submitte(VOSi::844 amount. Mayor Egan then opened the public hearing to anyone wishing to speak. -• John Bannigan, of Bannigan & Kelly P.A., representing Remo and Karen Caponi, and Tony and Cheryl Caponi, raised an objection to the assessment. He feels their property was damaged as a result of this project, and asked whether the cityhas . any information that states that the fair market value has Increased as a result of this project. cipi:::Attooio:$.p.oppo:wninded Mr. Bannigan that the issues of damages and taking take place prior tolffelirtielWein*fiS: They will negotiate with any property owners once the assessments have been *lifted bypp City Council, but are not directed by the City to negotiate with anyone prior to certification of* specia4ssessments. Mayor Egan added that the city doesn't negotiate prior to certification or prior tiO:#he appeal Actually being perfected. Public Works Director Colbert stated that Diffley Road community collector, but the assessment was based on a typical local residential street equivalent to this single family residential zoned property. After reviewing the objections, staff feels that the assessment is supportable, based on previous public improvements to similar zoned property and the benefits that have been proven and sustained through that process. If that objection is pursued, the city will take additioW action to further support that position. If It cannot be fully supported, they will work with the property '-00:ler to determine the proper amount. Mr. Bannigan asked whether th14;iiii01i•i*iheryl Caponi Is acceptable as a formal objection. The Council indicated It is actkitiat4:'' the same argument outlined in the letter objecting to Remo and Karen Caponi's assessnent applies tp parcel also. Melissa Stover, representing Harry and Phyllis Deer,ltidicated that at the neighborhood meeting, It was stated that properties that do not have direct driveway access to Diffley Road would not be assessed. She Indicated that they do not have access from Diffley Road. Public Works Director Colbert stated they EAGAN CRY COUNCIL MINUTES; OCTOBER 18, 1 PAGE 8 consider that property as having direct acceiss fr m Diffiey. A rrss is through an easement across another property. That is their only access. • Ms. Stover noted that their property was assessed as public facility. It is a residential property, zoned agricultural, and guided public facility. She noted that the Deers recently sold the property, but they are still fee owners because it was sold on a contract for deed. Before It was sold, the school, power company and city were all contacted, and none of them were interested in acquiring the property. Mayor Egan stated he doesn't see why it should::b : sst3 ::a -p:ub c facility when it is used as residential. Awada and Hunter concurred. Public WoriiStIii8iiiitt ollieii4j t d that the street assessment was based on one half of the single family residential rate. Theyii4re able 4 phange the assessment roll before it went to the Council. Chris Leach asked what the proced>;if :?.4. v t ai the procedure. t:he :lia$'filed an objection. Mayor Egan explained There being no one else wishing to speak, Mayor Egan closed the hearing to the public. Wachter moved, Awada seconded a motion to close the public hearing for Project 607 and adopt a modified final assessment roll as recommended in a staff memo from the Public Works Director dated October 13, 1994 and authorize Its certification to Dakota County. Aye: 5 Nay: 0 VACA1fONMB H STREET Mayor Egan introduced this item as va of publio• -of -way for Birch Street. After a brief Introduction by Administrator Hedges, Public Works.OfseGt it.:Colbert explained the request and location. He noted that as they were researching ,. the: year :CIP; they found that they don't have right -of -way dedicated along the west side of the Wesse.:property for the extension and ultimate connection of Wescott Hills Drive to the Sunrise Hills Addition. H suggested that the Council consider a land swap of the property proposed to be vacated with the right -of -way needed on the west side of the Wessel property. There was an objection to dedicating the right -of -way. Staff feels that right -of -way is needed to provide a north -south connection between Elrene Road and Lexington Avenue. If this vacation is approved, Birch Street will become a dead end, and will result a discontinuous public right -of -way that will not accomplish a connection from Wescott Hills Drive to Wescott Roack:<TI it :Cur a :04o...lc :pursue acquisition at a later date, but the city would be turning back right -of -way at no'C6st arid sj dirig additional dollars on future right -of -way. After some discussion, Mayor Egan then opened the:tii?aring to public testimony. Howard Kyllo, land development consultanffof Brad Sfi cer, indicated it is critical that they be able to go ahead with this project this fall. He feels Mr. Stricker would be held hostage If the land swap is made a condition to this vacation. Public Works Director Colbert stated that the Council can approve the vacation with the condition that a replacement easement for Wescott Hills Drive be proVitisd and conveyed to the city prior to the recording of that vacation; or, the vacation can be approved:wjihout conditions, recognizing that the city would have to proceed with acquisition.IX..rigtK- of -way . fot...Wescott Hills Drive, which could cost up to $2,000. Mr. Kyilo asked whether Mr. Wessel would be allow .: to appeal the vacation if the condition is approved. City Attomey Sheldon indicated it would be madta: :condition of the vacation, and without the vacation, the plat cannot go forward. Mr. Kyilo urged the Council not to impose the condition. After some discussion, Counciimember Hunter stated he feels this is issue was brought up in good faith. It was brought up late because It was discovered late. Since it.was brought up so late, he doesn't see how the city could EAGAN CITY COUNCIL MINUTES; OCTOBER 18 it PAGE 9 • • Impose this condition. Mayor Egan concuri that Mr:::?9iessel will eventually plat that land and the connection and right-of-way issue can be dealt*iftAt:Itit:ihiiii. After some discussion, Wachter moved, Hunter seconded a motion to close the public he6riiid*ia:iiiitiffi-ove the vacation as described and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/DEUNOUENT UTILITY BILLS Mayor Egan introduced this item ei*:00ii:0:WeS for delinquent utility bills. After a brief Introduction by Administrator HedgWisi*ei.: the hearing to public testimony. There being no one wishing to speak, Mayor Egan closed &:public 001g. Hunter moved, Wachter seconded a motion to close the public hearing and approve theAnal assessment roll and authorize Its certification to the county for collection. Aye: 5 Nay: 0 US FINAL SUBDIVISION APPROVAL/RED OAKS ADDITION Mayor Egan introduced this item as final subdivision approval for Red Oaks Addition. Awada moved, Wachter seconded a motion to approve the final subdivision. Aye: 5 Nay: 0 • RECEIVE . 40 : /....AVOcRp. CONTRACT RED OAKB Mayor Egan introduced this item as Coii bids and award contract on Red Oaks Addition Streets and Utilities. Awada mov.ed, a motion to receive the bids for Contract 94-16 and award the contract to Ro-So Coi*Oli;4,Inc. in the amount of $79,444.50, excluding Pond AP-33, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/PRELIMINARY SUBDIVISION TRANSPORT AMERICA Mayor Egan Introduced this item a OrdJtQRa1 e pertmt for Transport America to allow a truck and freight terminal, and preliminary saidWildii -. OoliSI . Sii4 . iirapproximately 10 acres at the northeast Intersection of Yankee Doodle Road and Terminal Di.i* Mayor.:ftan indicated he will be abstaining on this item and turned the meeting over to Councilmember*achter. Winistrator Hedges indicated the Advisory Planning Commission held a public hearing on Se*hber 27e Community Development Director Reichert explained the location and request. She noted the - Planning Commission raised two issues regarding the trucking facility. One was with the servicing of the area. The applicant wanted to leave the back in gravel. She indicated she has spoken with the applicant and they are willing to pave the back, but they would like more time to do it. The other issue dealt with the amount of parking that will be provided for employees. The PiOning Commission is recommending that the angle parking in the right-of-way on Yankee Doodle Row:* eliminated. Michael Margulies, of Undquist 844 America, stated they feel that the employee parking is more than adequate'itifliit that a condition be placed on this to review the parking situation In the future to reevaluate whether-Os adequate. Councilmember Awada asked .•..•... when Phases 2 and 3 will be built. Mr. Margulies stated their pyir to complete Phase 2 In 1995 and Phase 3 in 1996. He suggested that curb and gutter be allowed to tie tristalled under Phase 1 when it Is improved sometime in the future. Since Phase 1 is completed, it would be costly to retrofit it at this time. The asphalt EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 19# PAGE 10 Is in good condition, and they would prefer :ttbt..to tear up.*:iiisphalt to install curbing. Curbing under Phases 2 and 3 would be done as the parking : :1is :0134: :He stated they have no problem with the removal of parking on the Yankee Doodle Road . rig ikA4 : Councilmember Wachter asked what their plan is for surfacing the site. Mr. Margulies stated they would like to complete it on three year basis. Community Development Director Reichert verified that they are proposing to install recycled bituminous..on. the entire area in the interim to control the dust. She indicated that the proposal for phasing shotlk#.be: d# t:fq e:i i nditions, along with the monitoring of the parking situation. Councilmember Hunter suggesfe that a'condition be added that the parking must be upgraded to city standards In the event that the offike*:parcel its :sAld. Mr. Margulies questioned the cash dedicattor;:lee for.*** quality. Public Works Director Colbert explained what the fee is based on and her :IL 3s Qafoi:ii. ::. $lime discussion followed. Hunter moved, Masin seconded a motion to approve the preliminary subdivision for Transport America Addition, subject to standard conditions of plat approval Al, B1, 01, C2, C3, D1, El, F1 and G1, as adopted by Council action on February 2, 1993. Aye: 4 Nay: 0 (Egan abstained.) Hunter moved, Awada seconded: to approve the conditional use permit for Transport America, subject to the following 1. The Conditional Use Permit shall be recoil d:coiicurrent with the recording of the final plat. 2. Terminal parking must be upgraded' 3q.gty'stacids in the event that the office parcel is sold. Terminal parking will be reevaluaaffartfiree years and the owner will bring parking up to city standards if necessary. 3. The applicant /owner shall properly maintain all parking areas and premises. 4. All trash and recycling containers shall be stored within each principal building or in an enclosure attached to the prino. ipai ..sttucture.anci.constructed of the same building materials. 5. The applicant /owner shall construct a sforfii' sevtiiersystem that will collect the runoff from this site and convey the runoff to the existii g :storm *tier system. 6. The parking lots shall be upgraded fOi. standards with concrete curb and gutter and bituminous or concrete surfacing. 7. Conditions 5 and 6 shall be phased In as shown in Exhibit 1 with the last phase completed in 1996, with the exception that Phase 1 will be upgraded to concrete curb and gutter when Phase 1 asphalt is resurfaced at a later time. Aye: 4 Nay: 0 (Egan abstained.) Councilmember Wachter dish turned the meeting back to Mayor Egan. PLANNED DEV(:O440 ti t ENT / EXTENSION EAGAN HEiGHtS COMMERCIAL PARK Mayor Egan introduced this item as a Planned Dejiofopment Amendment /Extension for Eagan Heights Commercial Park, for Town Centre 100 Addition. Administrator Hedges gave a brief introduction. EAGAN CITY COUNCIL MINUTES; OCTOBER 18, 1 PAGE 11 Community Development Director ROlphert explained : th* request and location. She reviewed the history of the zoning and development of thiS of planned development versus straight zoning and how it should be used in the piCit.r : a tiGi.:*ittighout the city. She noted the Planning Commission didn't see any advantage to piannedtievefopment over straight zoning in this case. She explained that the Council can either approve the amendment as proposed; approve an amendment and term extension for the planned development, but revise some of the proposed land use classifications; or deny the planned development amendment /extension. She noted that the Planning Commission is recommending it be denied and that a publi.c.h Opa :tje.s t : terminate the planned development and put the undeveloped properties back into a zoziit'id:CIO s ityti; : : :: iOussion followed. Martin Colon, of Eagan Heights Commercial F= Partner §chip, expressed his feelings about how the area developed and how it should be zoned. His proposal is tcr< :f it as a retail -type zoning. He feels the item that needs to be addressed is the. i.a :p r:s el...ott. iii : corner. He feels the remaining parcels should remain as they are. He requested trht:ifie: : . iatpel :: outh of Blue Cross Blue Shield remain as Limited Business because he is in the process of negotiations on that parcel. Mayor Egan stated he feels the issue is whether the Council wants to continue with the policy dealing with commercial planned development agreements. He noted that historically, Eagan has done a great deal of development using planned development agreements and they have worked quite well. His understanding Is that the only time a planrjai.:d.evelopment is justified is if you can clearly demonstrate that the use of that district is superior to using::t*iincipriying zoning classification. He doesn't see where straight zoning would provide the city with any greater itances than what the actual terms of the planned development agreement provide. Councilmemaer Hunter indicatgd that the Planning Commission had the same argument; however, they felt that if there *.:no greater•:b2! fit to planned development, then straight zoning should be utilized. He feels there is an .advArtti ge :xc the planned development agreement from the standpoint that there is a vehicle that can be:: mended in the future if necessary. The agreement ties all of the parcels together, which he sees as a distinct advantage. Councilmember Awada stated that the owner admits that it doesn't make any difference to him. If that is the case, she feels that straight zoning should be the default. More discussion followed concerning whether there are advantages of planned development versus straight zoning and when planned development should be used. Councilmenlr :Hunt :sttt'ssed:2hlit the City needs to maintain flexibility and straight zoning would provide that. Steve Klein, representing the Duckwood Esta is neighbQrllood, reviewed a number of issues raised by the people living in the area. Some of the condsms expressed were the impacts on property values, water quality and crime rates; concerns about the types of busiii0ses that might locate in the development area; aesthetics of new buildings and amenities; the buffer that vQ promised between Duckwood Estates and the commercial development; and safety of street traffic and pedestrians. He suggested that a covenant committee be formed to review the amendment, specific development proposals, and the concems of homeowners and existing commercial property owners. Councilmember Hunter asked about the buffer that >4 i referred to. Community Development Director Reichert noted that in the original development agrae Tent, 650 feet was to be left as a buffer between where development would There was some disagreement as to how large the buffer was to be. Martin Colon stated he feels that It Is the role of the 1 Panning Commission to accomplish most of the things Mr. Klein feels would be accomplished by a coveti committee. He doesn't have a problem with meeting the with neighborhood to work out their concems, but doesn't favor a quasi -legal committee. EAGAN CiTY COUNCIL MINUTES; OCTOBER 18, PAGE 12 ••.. Mr. Faein responded that he didn't intend 44 committee to. .fluasi- legal; however, he feels it would let people know up front about the Issues that ark p mqun>.to 1 e stakeholders in this. Mayor Egan reiterated he doesn't see any 'ad' antage to either planned development or straight zoning in this case. Masin concurred, stating she recognizes the importance of maintaining flexibility, yet creating consistency. If this area goes back to straight zoning, she asked how the issues raised by the neighborhood could be addressed. Community Development Director Reichert indicated that the Issues raised by the neighborhood can best be atkkoss l.:Yvhe[t ;is a specific development proposal. Councilmember Hunter indicated that the app ant has'i %de this planned development as specific as the market allows. Because the planned development is so'deneral, he feels it is virtually the same as straight zoning. Therefore, he feels the Council shoat. detemii:O. the zoning and keep the flexibility. The neighborhood can form a committee If thlwyt.s>zti: 3iiif :iie..dw ssi't feel it should be generated by the city. He feels the Council should adopt the reCoriiai Planning Commission. Councilmember Wachter expressed a concem about having Limited Business next to Residential property. Awada moved, Masin seconded a motion to deny the amendment /extension of the Eagan Heights Commercial Planned Development and direct staff to initiate proceedings to terminate the planned development and determine the appropriate zoning for the property. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION P NAL PLANNED DEVELOPMENT TOWN CENTRE 100 FOURTEEi TK ADCiltiON/TRIPLE S. INVESTMENTS Mayor Egan introduced this item as a*eliminary if division and final planned development for Town Centre 100 Fourteenth Addition, Triple ii vesirnertts: After a brief introduction by Administrator Hedges, Community Development Director:Reic 'eitexplained the location and request. She noted that the issue raised by the Planning Commission concerned auto related businesses coming into this area. Because the other auto related business located there, leaving a small area left, the Planning Commission felt the die had somewhat been cast for the property. She indicated she doesn't feel the area to the south and the 13 acre parcel necessarily need to develop that way. She stated that another issue raied::ty.tt>cV.Cormission was the compatibility of building materials and window signage. The Plaritiiiid Cotriiriisseti:iaddi d a condition that additional windows be added on the north side facing Yankee Doodle Roar#,:• Martin Colon stated his objection to the cr(tidition t there be no easements or right -of -way changes in the setback areas. Steve Schaller, of Triple S. Investments, indicated he doesn't have a problem with the condition concerning the brick as long as it requires that it be similar, rather than identical. He raised a concem about the condition requiring the driveway to be 30 feet wide. He noted that part of the access road that serves the Valvoline property is already in place and is only 24 feet iO. He feels that widening the driveway at that point will ruin the parking scheme. Concrete curb and gufte is also being required on the access road and he doesn't think that is in place on the road tharTs there now. He feels that access road will be used by the future development to & utb trt ugki; tom; It will be tom out anyway. Public Works Director Colbert agreed that that condition could be reduced to match the existing access road or no Tess than 24 feet. He does feel concret : orb and gutter should be required with the narrower width for drainage control, containing traffic, snow fern oval operations and to define landscaped areas. Mr. Schaller asked why Valvoline wasn't required to install concrete curb and gutter. Public Works Director Colbert responded it was because the exact location of the access drive wasn't known at the time, and It was decided that the location should: bs ; kt ::the development of this property. After discussion conceming the access drive, Cour h.'xi i2? t.f-icj ittjt stated the condition should state that In the event that the parcel to the south takes access fifoift:rat: location, the bituminous must be replaced with concrete curb and gutter. Steve Schaller expressed a concem about the condition related to window signage. He feels it is unfair because it reduces their ability to be sucpesssful there. Their competitors throughout this community and other communities are allowed to dD *hI : Ht; ::; t . , , t3aricec.. the enforceability of this requirement. Community Development Director Reichert noted tfiatil�is'ts:i3 wed development and Is next to an office building. Councilmember Hunter concurred with thi a4ationale;ipt.:prohibiting this in this situation. Martin Colon suggested that the number of signs be prohikted, and thafi they be limited to the north side of the building rather than completely prohibiting them. Councilmem t.Awada noted that this is where the main street Is proposed to be for downtown and: stie :1s ry :about what this area is going to look like. Wachter concurred. Mayor Egan stated he be wilfirig:tb* some limited signs. His main concem is the aesthetics from the office building. Community Development Director Reichert brought up the concern raised by Mr. Colon relative to the right -of -way issue. She indicated she feels the city can fit the future roadway widening into the existing right -of -way. The reason this condition is p.t is because under the subdivision ordinance, the city is given authority to acquire dedication of right -of- Way :It t reasonebly related to the development. The precedent was set with the Valvoline lot for a 75 foot ngtit -of.ii ay;: ::ahe like to prevent the county from taking part of the setback landscape area for road improyerii iitsi; ussion followed concerning the right -of -way and the widening of Yankee Doodle Road. After some discussion concerning .the : gi?sted conditions, Hunter moved, Wachter seconded a motion to approve the preliminary subdivjs*art'fikOutlot A, Town Centre 100 Thirteenth Addition, subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, B1, B3, C1, C2, El, F1, G1, and 1-11 as adopted by Council action on February 2, 1993. 2. The developer shall prepare ::: : te d:A Coas s:e seit<ent document for review and approval by the City Attomey and record plat at Dakota County. 3. Approval is subject to the existing 75' half right -of; ay. Aye: 5 Nay: 0 Hunter moved, Wachter seconded a motion to approve the final planned development, subject to the following conditions: 1. A 6,000 square foot Big Wheel Auto Parts store F :approved to be developed on Lot 1, Block 1, Town Centre 100 Fourteenth Addition. 2. No provisions of the site plait i :but no lia ij ed to setbacks, easements, right -of -way or other dedications as shown on' Eichibit A ( r 1 ' without City Council approval. 3. This approval solely relates to Outlot A, Town Ciiit 100 Thirteenth Addition. 4. The Final Planned Development Agreement for this lot shall be executed prior to final plat approval. The following exhibits necessary for the agreement shall be provided as part of the final plat of this property: Fin4$4 Plan; Final 410 Elevation Plan; Final Sign Plan; Final Landscape Plan 5. 25 parking spaces shall be constructed with initial site development and 15 parking spaces shall be shown on the Site Plan as 'proof of parking" (nine of these spaces located north of the building and six located on the south side). 6. The site plan shall be revised tts:t?etPg...4k8 fiy.e:aisle area north of the building. 7. The building shall be constructed of briGl4at matt:* to the greatest extent possible the type and color of the brick used on the Rapid.Oil Chari ge''building to the east. 8. The Building Elevation Plan sl : :r s ; to.Inpvrporate additional windows along the north side of the building. 9. All trash and recycling containers shall be stored within the building. 10. Building signage shall only be allowed on the north building face. 11. The developer /owner shall ap) f to. mend the agreement to allow a pylon sign at this location and provide the city updated . d o& wnt 1ton all existing and proposed pylons within Town Centre. 12. Window signage is prohibited, except for. thefItirth: +de of the building. 13. All green and landscaped areas baif:b served by an underground irrigation system. 14. The building and parking /drive aisles shall be maintained. 15. The driveway that serves this site shall be 24 feet wide and shall include concrete curb and gutter on both sides. Installation of the concrete curb and gutter on the south side of the drive can be delayed until the part J.:.stl y:::t :.tha::sputh of the drive Is platted. Until then, bituminous curb and gutter mils: ti iii6d :3n :3ieu: (::concrete curb and gutter. 16. The sanitary sewer service shall includ manhpfe at the property line to allow the City to maintain and Inspect the sewer line. 17. The developer shall include a hydrant on the 6 InCTi water line to improve the fire protection to the site. 18. The developer shall obtain an easement from the adjacent property owners for the proposed 6 inch water main. Some discussion followed on the conditions.. Aye: 5 Nay. 0 it.EGISIATIVE [ Itt$0 l.1gr t 1.. UPD4TE Councilmember Awada gave a report on the Orfield ifebate and the ethics discussion at the Dakota County League of Govemments housing conference. Discu followed. Project 638R, Approve Conveyance of on Ctty Proertv 10 Dakota County (Yankee Doodle Road Reconstruction). Public Works Director Colbert explained that this Is a small temporary easement that the county would like to acquire from the city's water reservoir site. Wachter moved, Awada seconded a motion to approve the conveyance of a temporary easement to Dakota County for Parcel 9 (150) ov r Out lot D, West Publ at no cost, and authorize the Mayor and Clty clerk to execute all related docu Contractual Snow Removal. Receive Ouc8eg:jfMWapd C:Otiliact. After a brief explanation by Public Works Director Colbert, Masin moved, Wa recelve the quotes for snow removal men/|m»m, award the contract to Wilhiam Gallagher x ' : au1ho��he Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 • City Contract 94-02 (Violet Lane - Streets & Utilities) Public Works Director Colbert explained that due 10 subsurface groundwater conditions encountered during utility instaflation along Violet Lane, admain tile system Is necessary 10 protect the street from future problems. A negotiated price was reached with the contractor for this work, and it will be 100% assessed. Wachter moved, Awada seconded a motion to approve contract Change Order #1 to Citry..ontract 84'02 in the amount of $6.392.50 and authorize the Mayor and City Clerk 10 execute all re!at a. Ave: 5 Nay: 0 Community Development Director Reictii0.,940 on several community development Issues that weren't covered in the special wo IV:Ditcussion followed on the development of an adult use ordinance. Community Development Director Reichert suggested the Council set up a time to meet wlth the Mayor of Apple Valley and take a look at the townhouse project there November 15 was suggested. After a review of upcoming meetings, Hunter moved, Awada seconded a motion 10 set a special work session on November Aye: 5 Public Works Director Colbert indicated he met With who is interested in purchasing one or possibly two buildings in Cedarvale area. The*uld likEa0 raze the buildings and come in with a development proposal, but wants to know if the Couci0 would liOnfilling to reconsider the Cedarvale access project. After considerable discussion, the Council Otirieed thatffipy would consider it, but they need to see a proposal first. Councilmember Wachter stated he read that the midwest area has highly polluted water becaus of chemical use, and asked several questions related buvvaterqmdbv and testing. Public \�orkoQ|ne�#r C�b$�indicated the (�bvcf Eagan has a very *v*4| � uifer. Councilmember Wachter Indicated he recetved two letters from Floyd Hmar and he tumed them to Administrator Hedges. Mayor Egan reminded [ouncO �'�*ub . : P 'or�v the ��K8.K8. `...' . �x. Mayor Egan stated he received ��[��;�' of I8C)#197. informing him that they will be resurrecting the referendum to relocate a middle school ilp har Eagan or Mendota Heights. He will appear before the Council on this. Discussion followed Oicmnming school boundaries and lack of communication between school districts. EAGAN CITY COUNCIL MINUTES; OCTOBER 18, PAGE 16 Councilmember Masin reported on: viral meeting he attended recently. Councilmember Hunter stated he wataiika4APIIINRC meeting Where they discussed the tree preservation guidelines and how they aren't working. Apparently a lot more trees are being cut down than are allowed. .P.UKJiMPT.Fq Wachter moved, Egan seconded a motioti TetigipptOVethe check register dated October 14, 1994 In the amount of $1,790,781.12. Aye: 5 Nay: 0 Wachter moved, Egan seconded emotion to Jiticlttifhe meeting at 11:43 p.m. Aye: 5 Nay: 0 Date City Clerk H you need these minutes in an alternative form :suc1r.as:i r te braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, 44/A0; W:65'122, (612) 6814600, (TDD phone: (612) 4548535). 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 or status with regard to public assistance. DLP EXHIBIT 1