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11/01/1994 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING NOVEMBER 1, 1994 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:30 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:35 - VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) V. 6:55 - CONSENT AGENDA (PINK) p of A. PERSONNEL ITEMS 'p9 B. LICENSES, Plumbers P b C. AWARD BID, Police Department/Municipal Center Expansion, Locker and Benches Bid Package ii, g D. RECOMMENDATION, Solid Waste Abatement Commission, Moratorium on Issuance of Additional Residential Hauling Licenses P/d E. CORRECTION TO MINUTES, July 19, 1994 /3F. UTILITY BILLING shut off procedures and delinquent account penalties policy ,p /7G. SPECIAL USE PERMIT, Bill Brabec, to sell Christmas trees rfaOH. CONTRACT 94-17, Receive Bids and Award Contract, Red Pine Lane Streets r and Utilities Phase I pa),I. RESOLUTION to consider legislation allowing acquisition of Borchert .,� Ingersoll Property d✓J. ORDINANCE AMENDMENT, Non -conforming Structures and Uses i K. ORDINANCE AMENDMENT, Interim Use Permits p/ _SL. ORDINANCE AMENDMENT, Special Permits ACIGARETTE AND SERVICE STATION LICENSES for Twin City Stores, Inc. N. MAINTENANCE AGREEMENT, with ElectroCom Communications Systems O. PROJECT 676, Receive Feasibility Report/Order Public Hearing, Duckwood fe. Estates Street Lights CONTRACT 94-18, Approve Specifications/Authorize Advertisement for Bids, 1995 Sealcoat-Aggregate f,S6Q. SPECIAL HUNTING PERMIT, Robert K. Sandeen / ,R. SPECIAL HUNTING PERMIT, Stephen L. Huettl p..!",';: SPECIAL HUNTING PERMIT, Kevin McGrath SPECIAL HUNTING PERMIT, Daniel Mason SPECIAL HUNTING PERMIT, Todd J. Olson ��. SPECIAL HUNTING PERMIT, Tim Folkerts W. SPECIAL HUNTING PERMIT, Vincent LaCroix /7X. SPECIAL HUNTING PERMIT, Gregory J. Arens VI. 7:00 - PUBLIC HEARINGS (SALMON) Y sg A. FINAL ASSESSMENT HEARING, Project 646 - Blue Cross Road Streets and Trailway /060 B. FINAL ASSESSMENT HEARING, Project 659 - Dodd Road Street and Trail Construction I 4 7 C. FINAL ASSESSMENT HEARING, Project 660 - Wilderness Run 1 -4th Addition Street Rehabilitation i0 /1S D. FINAL ASSESSMENT HEARING, Project 647 - Englert Road Streets and �/ Utilities VII. OLD BUSINESS (ORCHID) VIII. NEW BUSINESS (TAN) )9177A. SALE OF CITY PROPERTY, SW Quarter of Section 23, Ray Connelly fscp. PRELI:LINARY SUBDIVISION, Vantage Point -Remo Caponi, NE Quarter Section 27 6WD.///3C. CONDITIONAL USE PERMIT, Gene Stinar, SE Quarter Section 8 IX•CONDITIONAL USE PERMIT, Triple S Investments, NE Quarter Section 15 B. ADDITIONAL ITEMS (GOLD) X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) /3i A. A.M.M. PROPOSED CHANGES to 1995 Legislative Policies and Priorities /7 %I. ADMINISTRATIVE AGENDA (GREEN) %II. 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: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 27, 1994 SUBJECT: AGENDA INFORMATION MEMO FOR THE NOVEMBER 1, 1994 CITY COUNCIL MEETING :,: After approval is given to the November 1, 1994 City Council agenda, the regular meeting minutes for the October 18, 1994 City Council meeting, and the Special City Council meeting minutes of October 11, 1994 and October 18, 1994, the following items are in order for consideration. Agenda Information Memo November 1, 1994 City Council Meeting There are twenty-four (24) 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 brieL PERSONNEL ITEMS A. PERSONNEL ITEMS: Item 1. Youth Development Pre -School Assistants—Following interviews, it is the recommendation of Youth Development Coordinator Ashley that Beverly Griffin and Carla Crumble be hired as Pre -School Assistant and Alternate Pre -School Assistant. ACTION TO BE CONSIDERED ON THIS ITEM: 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. Clerical Technician III/Engineering Division --Finalists for the Clerical Technician III position in the Engineering Division were interviewed on Thursday, October 27, 1994 by Director of Public Works Colbert, Assistant City Engineer Foertsch, Engineering Secretary Jenkins and Assistant to the City Administrator Duffy. Currently, references are being checked on the finalists. A recommendation for hire will be forwarded to the City Council with the Administrative Agenda packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a person to be named as a Clerical Technician III in the Engineering Division. Item 3. Community Service Officer—It is the recommendation of City Administrator Hedges, Chief of Police Geagan and Assistant to the City Administrator Duffy that John Serier be hired as a Community Service Officer. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of John Serier as a Community Service Officer. Item 4. Resignation/Clerical Technician III/Parks and Recreation—The City has received a letter of resignation from Liz Korbein, Clerical Technician III in the Parks and Recreation Department. As is the City's usual procedure, the overall organization of the clerical section of that department is being reviewed to ascertain whether staff will recommend filling the position as it now exists or a reorganization. It would be appropriate at this time for the City Council to accept the resignation of Liz Korbein. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Liz Korbein, Clerical Technician III in the Parks and Recreation Department. Agenda Information Memo November 1, 1994 City Council Meeting Item S. Planning Intern Contract—The Community Development Department has made an arrangement to contract with the Center for Urban and Regional Affairs of the Hubert H. Humphrey Institute of Public Affairs, University of Minnesota, for a Planning Intern. The institute will pick up 60% of the costs and the City 40% Money for this internship is available in the Community Development Department's budget. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the contract between the City of Eagan and the Center for Urban and Regional Affairs, University of Minnesota, for a Planning Intern. Agenda Information Memo November 1, 1994 City Council Meeting PLUMBERS' LICENSES B. Licenses, Plumbers --City Code requires that plumbing contractors operating within the City of Eagan be licensed on at least an annual basis. Enclosed on page is the list of contractors whose applications are in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as presented. PLUMBER LICENSES FOR APPROVAL - YEAR 1994 1. EASTER PLUMBING 2. MUELLER PLUMBING & HEATING 3. PETERSON PLUMBING & HEATING For November 1, 1994 City Council meeting Agenda Information Memo November 1, 1994 City Council Meeting AWARD BID/POLICE DEPARTMENT/LOCKER & BENCHES C. Award Bid, Police Department/Municipal Center Expansion, Locker & Benches Bid Package—At its meeting of June 21, 1994, the City Council awarded bids for the Police Department construction project but chose to rebid the packages for the dumb waiter, security and lockers and benches. These items were rebid and the Council has previously awarded contracts for the dumb waiter and security. The construction manager required additional time to review the lockers and benches bid in comparison to the specifications for that bid package. That review is complete and the item is in order for consideration at this time. The construction manager is recommending that the bid be awarded to the low bidder meeting specifications, Primary Equipment, in the amount of $39,000. A copy of correspondence relative to this item is enclosed on page 2 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To award Bid Division 18 for lockers and benches to Primary Equipment in the amount of $39,000 as presented. Construction Services HoUana • Minneapolis • Sacramento Mr. Jon Hohenstein City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: City of Eagan - Police Facility Re -Bid Results Letter of Award Recommendation October 6, 1994 Dear Ion: The bids for lockers received on August 25, 1994 have been reviewed. It is the joint recommendation of E&V, Incorporated and Thorbeck Architects, Ltd. that a contract be issued to the following contractor: Bid Division 18: Lockers and Benches Primary Equipment 6420 West Lake Street St. Louis Park, MN 55426 Base Bid Total Contract Amount $39,000.00 $39,000.00 We will issue a letter of intent and contract upon your approval. Sincerely, E&V, INCORPORATED Michael P. Stowe Senior Project Manager cc Dan Weatherman Phil Olson "Building Relationships Through Performance" E & V INCORPORATED 12800 Industrial Park Blvd.•Suite 210•MInneapolis. MN 55441-3900.612/559-4111 Agenda Information Memo November 1, 1994 City Council Meeting RESIDENTIAL HAULING LICENSE MORATORIUM D. Recommendation, Solid Waste Abatement Commission, Moratorium on Issuance of Additional Residential Hauling Licenses --As the Council is aware, the Solid Waste Abatement Commission is reviewing alternatives to reduce the amount of refuse hauler traffic on residential neighborhood streets. State law provides certain protections for existing solid waste haulers in the event that cities consider such restrictions. As a consequence, the Solid Waste Abatement Commission is recommending that the City not issue any additional hauling licenses for residential service during the duration of this item's discussion. This would not prevent haulers who currently hold residential or combination licenses from renewing them to continue service within the City. For additional information with respect to this item, please refer to the memo enclosed on page 9 . While the Commission had recommended an indefinite moratorium, on the advise of legal counsel, it is recommended that the moratorium have a definite period. While it is not anticipated that the discussion will be this long, staff is recommending that the moratorium be for one year. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a moratorium on the issuance of additional residential or combination commercial -residential refuse collection licenses for a period of one year. g MEMO city of eagan TO: JON HOHENSTEIN, ASSISTANT TO THE CITY ADMINISTRATOR FROM: JOANNA FOOTE, COMMUNICATIONS/RECYCLING COORDINATOR DATE: OCTOBER 26, 1994 SUBJECT: PROPOSED MORATORIUM ON ISSUE OF NEW LICENSES TO REFUSE HAULERS FOR RESIDENTIAL OR COMBINATION COMMERCIAL RESIDENTIAL REFUSE COLLECTION WITHIN THE CITY OF EAGAN At its meeting of October 20, the Eagan Solid Waste Abatement Commission recommended that a moratorium be placed on the issuance of new licenses to refuse haulers wishing to begin residential refuse collection within the City of Eagan. This issue arose as a part of the Commission's discussion regarding creating an organized collection system. Since State law now requires that all haulers currently operating within a city must be involved in any organized process that is considered, the Commission wishes to preserve the rights of those haulers that have been operating within the City for a number of years and does not wish to have other licenses approved while this topic is still under consideration. Therefore, the Eagan Solid Waste Abatement Commission wishes to recommend to the Eagan City Council that a moratorium be placed on the issuance of new licenses for residential refuse collection until discussion has been completed on the issue of organized refuse collection. <___,Communications/Recycling Coordinator JF/vmd Agenda Information Memo November 1, 1994 City Council Meeting CORRECTION TO JULY 19, 1994 MINUTES E. Correction to Minutes, July 19,1994—In reviewing documentation relative to the Police Department/Municipal Center expansion project, staff discovered two errors in the minutes of the July 19 special meeting. A copy of those minutes are attached on pages 11, . through / a. In the first bracketed paragraph, the schematic estimate was inserted instead of the design development estimate. Staff is proposing that. the sentence be changed to read, "Administrator Hedges noted that the design development estimate for the Municipal Center remodeling and expansion is $2,647,623, which is $331,623 over the original estimate of S2,316,000." In the second bracketed paragraph, the third sentence should also be amended to read, "He reviewed the items the Steering Committee recommended which would reduce the budget by $80,000 and which would require a revenue transfer to $15,000 from retained cable franchise fees." ACTION TO BE CONSIDERED ON THIS ITEM: To correct the minutes of the July 19, 1994 Special City Council meeting as indicated. /D MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 19, 1994 A Special City Council meeting was held on Tuesday, July 19,1994 at 5:00 p.m. h the lunchroom of the Eagan Municipal Center. Those in attendance were Mayor Egan and City Councilmembers Awada, Masin and Wachter. (Hunter arrived at 5:15 p.m.) Also present were Director of Public Works Colbert, Director of Community Development Reichert, Chief Building Official Doug Reid, Pdice Chief Pat Geagan, Asst. to the Administrator Hohenstein, Mike Stowe of E & V Construction, Architect Dewey Thorbeck, and Administrator Hedges. REVIEW BUDGET FOR REMODEUNG AND EXPANSION OF MUNICIPAL CENTER/ REVIEW BUDGET FOR PHASE 11 SITE DEVELOPMENT Administrator Hedges introduced Mike Stowe, construction manager for the project, and Dewey Thorbeck, the architect, and noted that there are two Items to be reviewed. The first item is to prepare the final design cost for the Municipal Center remodeling and direct Mr. Thorbeck to prepare final bid specifications. They expect to do the bidding sometime in October. The second item that needs to be discussed is site development for the project. Administrator Hedges noted that the design development estimate for the Municipal Center remod ng and expansion is $2,316,000, which is 5331,623 over the original estimate He noted that a major portion of the increase related to the Heating, Ventilating & Air Conditioning ( AC) system due to the system sizing necessary to accommodate the north addition. He stated that the level of review at schematic design had not identified the scope of the additional capacity necessary. Another significant item was the additional renovation of the basement. The Steering Committee looked at ways to reduce the budget. (Counclimember Hunter arrived at this time.) CHe reviewed the items the Steering Committee recommended which would reduce the budget by $95,0003 He also reviewed other items the committee discussed but decided not to pursue. Counclimember Awada asked what VAV boxes are and whether this is an area that could be reduced. Mike Stowe explained that they are used to regulate the HVAC system and explained how they work. Administrator Hedges added that there have been many problems in the current building because k probably wasn't properly sized when the building was built. Counclimember Wachter stressed the Importance of having these designed correctly. He indicated he would not support any cuts in the HVAC area. Counclmember Masin indicated a concern about the costs involved in making all of these revisions. She felt that a lot of money was being spent trying to reach an acceptable figure. Mike Stowe noted that they are paid on a lump sum basis and that these revisions are not costing the city anything extra. He went on to note that $180,000 of the overage consisted of mechanical and electrical equipment associated with the HVAC. Another significant Item was the additional renovation to the basement which wasn't originally planned. Now significant work will be necessary to accommodate the Drug Task Force. He added that the proposed building is very economically designed. M of the materials and finishes are very basic, but durable. The public areas have some extra features that make them more hwlting and warmer. Administrator Hedges added that they wanted the building to be user friendly, but not grandiose. Mike Stowe explained the reasons he felt the curtain wall on the north side of the building should not be deleted. He noted that the design of the building Is such that without the curtain wall, the approach from Pilot Knob Road looks like the back of the building. Dewey Thorbeck further explained the different 1/ types d brick and stone proposed for the building and the building materials proposed. He does not recommend that the stone be deleted. It blends in to the Police Department building and gives ft a more uniform look. Mayor Egan suggested that this item be bid both ways and see how the bids come M. He asked about the elimination of the Drug Task Force area. Police Chief Geagan indicated that the Drug Task Force area will be relocated from the original plan. It will affect them in the short term, but doesn't see it as a problem. Administrator Hedges noted that 11 has been a tremendous benefit having the Drug Task Force here; however, feels the renovation can be done at significantly less than $25,000. Mike Stowe added that when the decision was made to connect the second floor of the Police Department to the second floor of City Hall, it took a lot of space and ft became necessary to eliminate the space allocated for the drug task force. They are proposing that It be located in the basement, which accounts for the additional cost for renovation of the basement. Administrator Hedges and Chief Geagan will explore alternatives in this regard. Councilmember Hunter asked for more kdormation on the VAV boxes. After further discussion, Coundimember Awada asked for more information regarding the cost of these boxes, and the difference It they were reduced. Mike Stowe Indicated he will get this information for her. Councflmember Wachter reiterated the importance of having a good HVAC system. This is for employees who work here every day. Administrator Hedges asked for an explanation d the curtain wall. Dewey Thorbeck suggested that if the Council decides to take the curtain wall out of the pians for city hall, they should consider taking it out d the police facility also for uniformity. Wachter moved, Masin seconded a motion to leave the VAV boxes as proposed. Aye: 3 Nay. 2 (Hunter, Awada opposed.) Wachter moved, Masin seconded a motion to install wood panelling in the public space areas as originally proposed. Aye: 4 Nay: 1 (Awada opposed.) it was the consensus d the Council to bid the doors in the Council Chamber and inner lobbies both as glass doors, and as wood doors with glass panels. It was also the consensus of the council to install the curtain wall on the north side of the building as originally proposed. Administrator Hedges reviewed the site development plan, which incudes plans for a civic arena, wading pool, a roadway connection to the Wescott Library, with future plans for the development of a park and festival area. He noted that this Is above the initial estimate as well, with the total being $1,082,623. He said that the feasibility report for the site work proposed with the 1989 Community Center referendum totalled $1.1 million. Site development was cut back to $800,000 in the 1991 Capital Improvement Program, and considering a 4% annual inflation adjustment, 11 could reach $900,000. He noted that soil borings did not Indicate the extent of the soil corrections that were needed on the site. He reviewed the landscaping proposed for the site, noting that the amount assumes no city nursery stock will be used. If it is decided to use smaller trees, perhaps nursery stock could be used. After discussion concerning the size of trees to be used, it was the consensus of the Council that some smaller trees should be used. Wachter requested that space be reserved next to the civic arena for a wading pool. After further discussion concerning the colonnade and plaza, and the lighting proposed for the site, the meeting adjourned at 6:29 p.m. July 19, 1994 DLP Date City Clerk M you need these minutes In an aftemetive form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). 2 /02- Agenda Information Memo November 1, 1994 City Council Meeting UTILITY BILLING SHUT-OFF POLICY F. Utility Billing Shut -Off Procedures and Delinquent Account Penalties Policy—Director of Finance VanOverbeke, after visiting with other cities • and meeting with Eagan staff is recommending two significant changes to the City's utility billing procedures. The first change would discontinue the shutting -off of delinquent accounts and the certification of delinquent bills semi-annually. The second change would eliminate the 10% penalty on past due accounts and replace it with a 1s% monthly service charge. Enclosed on pages IV through / is a copy of his memo explaining the changes in more detail along with the rationale for the proposed changes. The City Administrator is in concurrence with the recommendations. ACTION TO BE CONSIDERED ON THIS ITEM: To approve, in concept, the changes to the utility billing system and to direct staff to prepare the appropriate City Code amendments. /3 MEMO city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: OCTOBER 17, 1994 SUBJECT: UTILITY BILLING SHUT OFF PROCEDURES UTILITY BILLING DELINQUENT ACCOUNT PENALTIES Utility Billing Shut Off Procedures As part of our continuing review of all operations in trying to gain efficiencies and enhance services, I have become increasingly concerned about the amount of City resources allocated to our current shut off procedures in utility billing. The process takes a great deal of time with the utility billing clerks in typing shut off notices and sending them out by certified mail, in follow-up telephone calls and in coordination with maintenance department employees. Maintenance employees spend a considerable amount of time in delivering notices when the certified mail is not picked up, in shutting off service and then in collecting outstanding balances and turning the service back on to the various residences. After discussing this situation with other cities, I have come to the conclusion that the entire billing system would probably work better if the current process were changed and we no longer shut off service for nonpayment of outstanding bills. Lakeville, for example, has made the change and now certifies past due accounts semi-annually. Currently, the City of Eagan annually certifies accounts that are not subject to shut off. Those accounts include any that do not have water service, i.e. sanitary sewer only or storm drainage only and rental property. A number of years ago we required that utility bills on rental property become the obligation of the property owner and not of the renter for the City's purposes. That change removed rental property from the shut off process and resulted In the uncollectible accounts being certified. This has been very beneficial to the operation of the utility billing process. In addition to what I consider to be an excessive allocation of resources dedicated to this shut off process, there are two other areas of concern that impact my recommendation to make this change. First, although it is not the City's fault, we create a tremendous amount of ill -will by shutting off water service. While a number of the citizens involved are repeaters and should learn, this is the only contact with City government that a lot of UTILITY BIWNG OCTOBER 17, 1994 PAGE 2 these people have and it is not pleasant. It has been the experience in Lakeville that customers appreciate the account being certified to the taxes. They have found that the process happens fairly quietly and the customers are somewhat humbled but they are not humiliated which tends to happen in the shut off process. Secondly, in discussing the situation with Wayne Schwanz he made me aware of his concern for the safety of maintenance employees in performing the actual shut off operation. There is a great deal of hostility exhibited toward these employees and we believe there is the potential for confrontations that could result in personal injury and/or property damage. Unfortunately, the tendency toward increased violence in our society has the potential to surface in this operation. ft is my opinion that we can more efficiently certify delinquent accounts on a semi-annual basis (April and October) then we can shut them off as we currently operate. There would no doubt be more accounts going delinquent because the shut off process does tend to be a deterrent for some customers. There would be a small cash flow impact because some of the service fee revenues would not come in until the taxes were paid in the following year. That cash flow loss can be overcome by charging an appropriate interest rate on the assessment and by adding the necessary certification fee. Financially, this process would probably become more expensive to the customer in paying through the tax collections than in paying the bill on a current basis. This of course is the nature of any credit situation. The only additional exposure to the City would be on any account that actually went into bankruptcy. Without shutting off and certifying semi-annually, the balances would tend to get a little larger for about three months. If a bankruptcy were filed during that period, the City's loss would be a little greater than it is under the shut off system. That is a very small exposure as we have a very limited number of bankruptcies in any given year. Utility Billing Delinquent Account Penalties The City's utility billing ordinance currently provides for a 10% penalty on unpaid accounts. In the event a bill remains unpaid, it accrues another 10% penalty each quarter. Consequently, a $100 unpaid bill for the first quarter of the year would increase to $133.10 by the end of the year by accruing a 10% penalty for the next three quarters. That original bill of $100 would include a penalty amount of $33.10 by the end of the year. Assuming that the accounts are no longer shut off, more of them will go delinquent and these penalty provisions will be magnified. We are questioned from time to time about how we can legally charge such a high rate of interest. Our response is that we do not charge interest but instead collect a penalty. Our system has been designed to encourage payment and not to provide credit to people who choose not to pay the bill. We have forced our customers to borrow elsewhere if they wanted credit to avoid paying our penalty. With all the marketing for credit cards, citizens have become quite educated /S UTILITY BILLING OCTOBER 17, 1994 PAGE 3 about interest rates, annualized charges and those types of things. I am recommending that we change our penalty structure to a 11/4% per month which is consistent with other charge accounts. This would make our system look more like a competitive, commercial enterprise and less like a monopoly. I believe this change would increase our receivables and cause us to extend credit in ways that we have not in the past, although in my opinion it would be an appropriate change. We, of course, have the lien and certification system so we do not end up with uncollectible accounts as is the case with commercial enterprises in the private sector. I would expect that overall collections would remain approximately the same with penalties/interest on a per account basis going down but with more accounts paying interest. Please let me know how you would like to proceed with these recommendations. In the event you agree with them, we need to have the City Council consider them. They both would require a City Code amendment and I would like to implement the change January 1, 1995, if it is to be undertaken. I believe the shut-off situation is the more critical of the two, however, I think they would work best if completed together. Thank you for your consideration. Finan9oric\i\.) ecto r/City Clerk cc: Tom Colbert Tom Pepper EJV/jeh /6 Agenda Information Memo November 1, 1994 City Council Meeting SPECIAL USE PERMIT/BILL BRABEC G. Special Use Permit, Bill Brabec, to sell Christmas trees—Bill Brabec has submitted a request to sell Christmas trees on Lot 3, Block 2, Knob Hill Professional Park. The staff report on this item is enclosed on page Lir_ through /9 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve the special use permit, subject to the three conditions set forth in the staff report. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 12, 1994 CASE #:21 -SP -17-10-94 APPLICANT: Bill Brabec HEARING DATE: November 1, 1994 PROPERTY OWNER: O'Halloran and Murphy Co. PREPARED BY: Marilyn Wucherpfennig REQUEST: Special Use Permit LOCATION: Lot 3, Block 2, Knob Hill Professional Park COMPREHENSIVE PLAN: Limited Business ZONING: PD -LB (Planned Development -Limited Business) SUMMARY OF REQUEST: Bill Brabec has submitted an application requesting a Special Use Permit to allow temporary Christmas tree sales on Lot 3, Block 2, Knob Hill Professional Park. This is an undeveloped lot. pACKGROUND/HISTORY: This will be the fifth year Mr. Brabec has sold Christmas trees at this site. Mr. Brabec will provide a snow fence around the property, on site parking, and lighting that doesn't shine onto Pilot Knob Road. Setup will begin November 22, 1994 with sales starting November 25th. The sales operation tear down and clean up will be completed by December 26, 1994. The proposed hours of operation will be: Mon - Fri 3:30 - 9:00 Sat 9:00 - 9:00 Sun 12:00 - 9:00 ,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 52.50/sq.ft. 3. The permit shall be subject to all applicable Code requirements. • • • • • - • • $rabic - Spacial Use permit Agenda Information Memo November 1, 1994, City Council Meeting RECEIVE BIDS/AWARD CONTRACT (RED PINE LANE) H. Receive Bids/Award Contract (Red Pine Lane - Streets & Utilities) --At 10:30 a.m. on Friday, October 28, formal bids were received for the installation of streets and utilities under Contract 94-17 which incorporates the first phase of Project 673R for TH 3 and Red Pine Lane (School Road) improvements. Enclosed on page / is a summary tabulation of the bids received with a comparison of the low bid to the engineer's estimate contained in the feasibility report presented at the public hearing held on July 19, 1994. All bids will be reviewed for accuracy and compliance with bid specification documents and any deviations will be identified at the Council meeting. Right-of-way and easements necessary to accommodate these public improvements have either been dedicated with the final subdivision approval of Pines Edge Addition, Elementary School #18 Addition or are in the process of being acquired through eminent domain proceedings. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 94-17 (Red Pine Lane - Streets & Utilities), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. ao city of aagan RED PINE LANE STREETS & UTILITIES CITY CONTRACT NO 94-17 THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk CONTRACTORS TOTAL BASE BID ALTERNATE #1 Recycled Concrete Aggregate Base 1. Ryan Contracting $350,483.30 42,050.00 2. Richard Knutson 361,622.03 42,050.00 3. BurschvNle Construction 382,471.25 -$1,025.00 4. Schurcon 399,837.50 42,050.00 5. SM Hentges & Sons 425,462.00 42,460.00 6. GL Contracting 462,747.50 -0- LOW BID $350,483.30 Feasibility Report Estimate $383,490.00 % Over (+) Under (-) -8.61% Engineers Estimate $360,000.00 % Over (+) Under (-) -2.64% ai MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 681-4600 FAX (612) 681-4612 TDD: (612) 454-8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer MAINTENANCE FACILRY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681-4300 FAX: (612) 681.4360 TDD: (612) 454-8535 Agenda Information Memo November 1, 1994 City Council Meeting RESOLUTION/BORCHERT INGERSOLL PROPERTY I. Resolution to consider legislation allowing acquisition of Borchert Ingersoll Property— Enclosed on pages ,03 through is a memorandum from the Parks and Recreation Department covering the resolution relative to this item. As outlined in the memo, this resolution is necessary to pursue the authority to acquire this property. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution for acquisi- tion of the Borchert Ingersoll tax forfeit property as described. as MEMO city of eagan DATE: OCTOBER 26, 1994 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION SUBJECT: RESOLUTION ACQUISITION OF TAX FORFEITURE PARCEL — BORCHERTINGERSOLL ACTION To approve a resolution requesting that the Dakota County Board of Commissioners adopt a resolution to initiate Introduction of legislation to the Minnesota State Legislature consummating transfer of tax forfeited property to the City of Eagan for public recreation purposes. BACKGROUND The City of Eagan Parks & Recreation Department and the Advisory Parks, Recreation & Natural Resources Commission has identified a 70.56 acre parcel formerly known as the Borchert Ingersoll site for acquisition. This property is currently owned by the State of Minnesota and managed by Dakota County. This property is currently available for acquisition by the City. Staff has previously contacted the Minnesota Department of Natural Resources for agencies to determine the suitability of the site and potential for hazardous waste contamination. This review has indicated a negative declaration. The Advisory Parks, Recreation & Natural Resources Commission at their September meeting recommended to the City Council that the City proceed with acquisition of this property. The Advisory Planning Commission at their October 25th meeting recommended the finding that the acquisition of the Borchert Ingersoll property Is consistent with the long range comprehensive plan goals and policies of the City. FOR COUNCIL ACTION To approve the resolution of acquisition (attached) of the Borchert Ingersoll tax forfeited property from the Dakota County Board of Commissioners and the Minnesota State Legislature. KV/Ik L&SORCNERT.TH a� CITY OF EAGAN RESOLUTION APPROVING ACQUISITION OF BORCHERT/INGERSOLL TAX -FORFEITED PROPERTY WHEREAS, a 70.56 acre parcel of tax -forfeited property known as the Borchert/Ingersoll" site has become available in sections 11 and 12 of the City of Eagan, located north of Yankee Doodle Road and east of Mike Collins Drive, and WHEREAS, the Minnesota Department of Natural Resources has conducted a comprehensive review of the Borchert/Ingersoll site and has given their support for transfer of property to the City of Eagan for outdoor recreation purposes, and WHEREAS, the city's proposed Park, Recreation and Natural Resources System Plan has identified the need for the acquisition of an additional community park, located in the northern tier of the community, and WHEREAS, the Eagan Advisory Park Recreation and Natural Resources Commission has reviewed and determined that the tax - forfeited property contains site characteristics and amenities which would significantly address the long-term community park facility needs for the city's residents, and WHEREAS, the Eagan Advisory Planning Commission has approved a finding that the acquisition of the Borchert/Ingersoll property is consistent with the long-range comprehensive plan goals and policies of the City of Eagan, and WHEREAS, MMnnesota Statutes 282.018 requires that the County Board of Commissioners initiate special legislation to facilitate transfer of the property to the city for public purposes, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Minnesota hereby endorses and authorizes acquisition of the tax -forfeited Borchert/Ingersoll site as an addition to the city's park and open space system, and BE IT FURTHER RESOLVED that the Eagan City Council hereby requests that the Dakota County Board of Commissioners adopt a resolution, consistent with Minnesota Statutes 282.018, initiating the introduction of legislation through the Minnesota State Legislature consummating transfer of the tax -forfeited property to the City of Eagan for public recreation purposes. Motion made by. Seconded by: Those in favor: Those against QTY OF EAGAN CITY COUNCIL By. Its Mayor Attest: Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 1st day of November, 1994. E. J. VanOverbeke, City Clerk ay Agenda Information Memo November 1, 1994 City Council Meeting ORDINANCE AMENDMENTS J., K. and L. Ordinance Amendments - Chapter 11- Non -Conforming Structures and Uses, Interim Use Permits and Special Permits --The staff summary of these zoning code amendments is enclosed on pages 06 through cam. The ordinance amendments are enclosed on pages av through ,g . The Advisory Planning Commission conducted public hearings on these proposed amendments at their meeting of October 25, 1994. These are basically housekeeping code amendments and the Planning Commission recommends their enactment. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To approve an amendment to Chapter 11.10, subdivision 3, regarding non -conforming structures and uses, 2) to approve an amendment to Chapter 11.22, regarding interim use permits, and 3) to approve an amendment to Chapter 11.03 (65), 11.10 and 11.40, regarding special permits as set forth in the attached amendment language. MEMO _city of eagan TO: Advisory Planning Commission FROM: • Peggy A. Reichert, Community Development Director DATE: October 19, 1994 SUBJECT: Proposed Zoning Ordinance Amendments Three amendments to the City's Zoining Code are scheduled for public hearing at the meeting of October 25, 1994. These amendments are largely housekeeping in nature. Section 11.10, Subd. 3 Nonconforming Structures and Uses. This amendment clarifies that nonconforming uses and structures shall not be expanded in any manner that is not in conformance with the zoning ordinance. Routine maintenance and repair of non -conforming structures is permitted as long as the resulting market value of the structure does not increase. It is legal for a non -conforming use (e.g, a house in an industrial zone) or a non -conforming structure (e.g., house does not meet current setbacks) to continue as long as the use is not intensified or the structure expanded.. However, if the use is discontinued or the structure vacated for a period of six months, the legal non -conforming status is lost. Section 11.22 Interim Use Permits This amendment clarifies the conditions for issuance of an interim use permit. As the code currently reads, only uses that are not permitted anywhere in the City under the zoning ordinance can qualify for an interim use permit. However, the way we have been using interim use permits has been to permit a' use which otherwise would not be permitted in that specific zoning district as long as the temporary nature of that use is otherwise compatible with the area. A recent example is the interim use permit for Steininger Recycle.. This type of activity, if conducted on a permanent basis, would only be permitted as a conditional use in an 1-2 Zone. As a short term use of 1-1 property, until the property is ripe for development, the rock crushing activity was deemed appropriate and given an interim use permit for a 2 year period. This amendment provides for this type of interim use application. a6 Section 11.03 (65) etc Special Use Permits These amendments eliminate reference to special use permits. Please refer to the attached memo from the City Attorney regarding these amendments. ACTIONS TO BE CONSIDERED: 1. To approve or deny a recommendation to the City Council in support of the attached amendment to the City"s Zoning Ordinance clairifying the status of non -conforming uses and structures. 2. To approve or deny a recommendation to the City Council in support of the attached amendment to the City's Zoning Ordinance clarifying the status of and conditions for interim use permits. 3. To approve or deny a recommendation to the City Council in support of the attached amendment to the City's Zoning Ordinance clarifying the status of special use permits. a7 SENT BY; 10-28-84 ; 8:33AN ; SEVf•RSON W I LCOX SHL-, 612 681 4612418/18 PAGE 18/ADVISORY PLANNING COMMISSION MINUTES October 25, 1994 ORDININCB AXENDNENTB Voraoek opened the next public hearing of the evening regarding Ordinance Amendments to amend Chapter 11, entitled "Land Use Regulations (Zoning)" by amending Section 11.10, Subd. 3, regarding Nonconforming Structures and Uses, section 11.22 regarding Interim Use Permits, and Sections 11.03(65), 11.10, Subd. 19(g), and 11.40, Subd. 7, regarding special (use) permits. Community Developer Director Reichert introduced this item. Ns. Reichert highlighted the proposed amendments to the nonconforming structures and uses ordinance, the interim use ordinance and the ordinance provisions regarding special use permits. Ns. Reichert explained that the proposed amendments to the nonconforming structures and use ordinance and the interim use permit ordinance is for clarification purposes. Further, Ms. Reichert explained that the proposed ordinance amendments regarding special use permits eliminate any reference in the City Code to special use permits for the reasons stated in the October 3, 1994, memorandum from the City Attorney's Offioe. Nether Segal moved, Wallace seconded a motion to recommend approval of an ordinance amendment to amend Chapter 11, entitled ■Land Use Regulations (Zoning)" by amending Section 11.10, Subd. 3, regarding Nonconforming Structures and Uses, and by adopting by reference Eagan city Code Chapter 1 and Section 11.99. All approved in favor. Member Wallace moved, Heyl seconded, a motion to approve an ordinance amendment to amend Chapter 11, entitled "Land Use Regulations (Zoning)" by amending Section 11.22 regarding Interim Use Permits, and by adopting by reference Eagan City Code Chapter 1 and Section 11.99. Ail approved in favor. Member Segal moved, Heyl seconded, a motion to approve an ordinance amendment to amend Chapter 11, entitled "Land Use Regulations (Zoning)" by amending Sections 11.03(65), 11.10, Subd. 19(g), and 11.40, Subd. 7, regarding special (use) permits. All approved in favor. as R -94X 612 432 3780 10-28-94 08:29AM P018 #06 MOUND= TO: Peggy A. Reichert, Community Development Director FROM: Michael G. Dougherty, City Attorney DATE: October 3, 1994 RE: Special Use Permit Ordinance Amendments Our File No. 206-12618 i Q"`sew giet‘./P$01,1 • %%%%%% if •N • l99y l‘r;. In accordance with your request, attached please find a draft of the above -referenced proposed ordinance. The proposed ordinance deletes the City Code provision regulating special use permit in addition to the provisions which make any reference to special use permits. For the reasons stated below, it is recommended that the proposed ordinance be adopted and the City proceed under the conditional use permit regulations in cases where a special use permit would be otherwise issued. Under Minnesota law, a special use permit and a conditional use permit ars treated similarly. Inland Construction Company v. City of $loomington, 195 N.W.2d 558 (Minn. 1972); Zvlka v. City of Crystal, 167 N.W.2d 45 (Minn. 1969). To state differently, there is no legally significant difference between a conditional use permit and special use permit: both uses are subject to meeting performance standards and criteria. Accordingly, as the City Code has performance standards for conditional use permits, it must also provide conditions, standards or criteria for special use permits. The Eagan City Coda's provision governing special use permits, however, does not set forth any conditions or performance standards. Secondly, conditional use permits run with the land. Because special use permits and conditional use permits are legally one and the same, a special use permit should also run with the land. However, the Eagan City Code defines a special use permit as a permit for a temporary use with a specified termination date. The special use permit, as legally defined in the City Code and historically used by the City, is in substance an interim use permit. Based on the foregoing, it is recommended that the City Council adopt the proposed ordinance in which the special use permit provision is deleted, along with any provisions making reference thereto. It is the intent with this proposed ordinance that conditional.use permits will be utilized where special use permits were once used. MGD/wkt ORDINANCE No. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.10, SUBD. 3 REGARDING.NONCONFORMING STRUCTURES AND USES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by changing Section 11.10, subd. 3, to read as follows: Subd. 3. Non -Conforming ,Structures and Uses. A. Tho adoption and provisions of this Chapter shall not prohibit tho vontinuod use or oxpanaion er robuilding of any ucc or building cxicting upon tho data of was repealed by thic Chaptor. Said oxpansion shall trot be . oIiall only relate existing buildingo er uses. permitted by the previsions this Eubdivisien is any degree by wind, firo or other natural.—ea • •h; --h is- -,---_-i - -- ._ _ f tt a s tase—moi' a a the structure unless the cenditiena ef this Cectien are initial flood plain oontrolc shall bo oaloulatod into manpowor or labor. If the current cost of all previous and --4. If any nen-cenferming use ef a new fifty poroont (50t) or more of its market value at tho tin() ef destruction, it ohall not be reoonctruoted except in use looatod outside floedway and, xpen A. policy. It is the Policy or the City that non-conformina structures and non-confornina uses in time be eliminated due to obsolescence. exhaustion or destruction so as to insure a uniform use of and within the districts established within this Chapter. L. Expansion of Use. The expansion of an existing pon-conformina use shall not be permitted and. no land shall be used by anv Person or in any manner which is not in conformity with this Chapter. g, Alteration or Enlargement of Structure. Except as pon-conforming use is conducted. increase as a result of such maintenance and repair. L. Abandonment. Any non -conforming structure or pon-conformina use shall be deemed abandoned. and thereafter shall be discontinued. when any non -conforming structure is not used or any non-conformina use is discontinued for a period greater than six months for any reason. Variances. No provision hereunder shall preclude a request for a variance. as governed by this Chapter, for the erection or reconstruction of a non-conformina structure. This provision does not apply to any non -conforming uses. ,Scope of Application. The provisions of this Subdivision and shall apply to all existina nonconforming uses or structures under the provisions of the Code in effect prior to the effective date of Ordinance No. . which amended this Subdivision to read as provided herein. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: 3c ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATION (ZONING)" BY AMENDING SECTION 11.22 REGARDING INTERIM USE PERMITS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 11 is hereby amended by changing Section 11.22, to read as follows: BEC. 11.22. INTERIM USE PERMITS. Bubd. 1. Definition. "Interim use" is a temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it. Bubd. 2. Conditions. The Council may issue interim use permits for an interim use of property if: A. The use i t aJ.reaety a �claulttcu vi is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the zoning regulations herein. B. The date or event that will terminate the use can be identified with certainty. C. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and, D. The user agrees to any conditions that the Council deems appropriate for permission of the use.,: and E. The use meets the standards set forth in the zonina reaulations herein aovernina conditional use permits. Bubd. 3. Termination. -Aw- Any interim use Permitted hereunder eay-be - Bhall terminat upon the effective date of anv amendment to this Chapter that results in the interim use being no lower permitted. ¢ubd. 4. Revocation. review--ert an v All interim use permits shall be subjecte4to annual -administrative review. The murflose to d ed , reu d- •e vow • o - t • -qs O �• Subd. 4. Public Hearings. Public hearings on the granting of interim use permits shall be held in the manner provided in Minnesota Statutes, Section 462.357, Subd. 3. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: ORDINANCI No. 2ND 'Urn AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" By AMENDING SECTIONS 11.03(65); 11.10, SUBD. 19(g); AND 11.40, SUED. 7, REGARDING SPECIAL PERMITS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan doss ordain: Section 1. Eagan City Code Chapter 21 is hereby amended by deleting Section 11.03(65) in its entirety. Section 2. Eagan City Code Chapter 11 is hereby amended by deleting Section 11.10, Subd. 19(g) in its entirety. Section 3. Eagan City Code Chapter 11 is hereby amended by deleting Section 11.40, Subd. 7, in its entirety and renumbering Subdivisions So 9 and 10 accordingly. Section 4. Eagan City Code Chapter 11 is hereby amended by adding a codification note following Section 11.40, Subd. 7 to read as follows: Any references in this Chapter to the requirement of a special permit and/or special use permit, shall be deemed to now require a conditional use permit as governed by this Chapter. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation", and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: I yOC�ounEAGAN By: E. J. VanOverbeke By: Thomas A. Egan Its: Clark Its: Mayor Date Ordinance Adopted: Data Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: Agenda Information Memo November 1, 1994 City Council Meeting CIGARETTE/SERVICE STATION LICENSES M. Cigarette and Service Station Licenses for Twin Cities Stores, Inc. --Enclosed on pages through g3 are separate applications for the Fina locations at 3150 Dodd Rd., 4250 Lelcington Ave. and 1286 Lone Oak Rd. These applications cover these location's tobacco licenses and service station permits. All stores are operated by Twin Cities Stores, Inc. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the cigarette licenses and service station permits for the Fina stores located at 3150 Dodd Rd., 4250 Lexington Ave. and 1286 Lone Oak Rd. as presented. $40.00 per license CITY OF EAGAN X New 3830 Pilot Knob Road Renewal Eagan, MN 55122-1897 APPUCATION FOR UCENSE TO SELL TOBACCO PRODUCTS Please. Print APPucANT Glenn S. Keller Birthday 1/4/52 Residential Address 5809 Coronado Ridge, El Paso, TX 79912 street city Business 7875 North Loop, El Paso, TX 79915 state zip • street city state zip Home Phone (915) 584-3279 Business Phone (915) 594-3021 Business name In Eagan where tobacco is to be sold Twin Cities Stores, Inc. if 592 Business address in Eagan where tobacco Is to be sold .1286 Lone Oak Road street TOBACCO PRODUCTS TO BE SOLD: (Check all that apply) X Cigarettes. cigars and other smoking tobacco X Snuff, plug and other chewing tobacco Clippings, cuttings and sweepings suitable for chewing or smoking Pipes and other tobacco related devices Cigarette papers and wrappers PACKAGING OF TOBACCO PRODUCTS TO BE SOLD (Check all that apply) X Individual pack or can X Two or more packs or cans packaged together X Full cartons LOCATION OF TOBACCO PRODUCTS WITHIN BUSINESS (Check all that apply) Self-service merchandise X Over-the-counter Vending machine Number of vending machines within business X Accessible to store clerk only SEPARATE UCENSES SHALL BE ISSUED FOR THE SALE OF TOBACCO PRODUCTS AT EACH FIXED PLACE OF BUSINESS AND FOR EACH VENDING MACHINE. TOBACCO SALES TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS IS UNLAWFUL AND IS GROUNDS FOR SUSPENSION OR REVOCATION OF 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 ANP BELIEF. DATE t �0(5a AUTHORIZED SIGNATURE City Council Approval Date: FOR OFFICE USE ONLY 37 Date Issued: CITY OF EAGAN 3830 Pilot Knob Road For the Period Eagan, MN 55122 (612) 454-8100 July, inn/. - June, t . SERVICE STATION PERMIT TRAILER PERMIT •1"/" " tt^n Ilt^T^a, inr. 4 to-, hereby submits application for a Service Station Permit ($100.00) Trailer Permit ($50.00) Name of Applicant rc.tu C1LicI ,^•Cw, c^. Street Address 77'1 I"" t h Crh 11,1 ;�.n•� City, State, Zip Telephone Number 140 ^~- Location of station or trailer if different from above address: 12.6 Low! (nk !'oPO, 1',af,,;1D, „r7 73r1 MAKE CHECK OUT TO: CITY OF EAGAN IN THE AMOUNT OF " PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. PLEASE RETURN YELLOW COPY WITH PAYMENT. RETAIN TIIE WIIITE COPY FOR YOUR FILES. FOR OFFICE USE: Receipt* Amount Received Dole of Receipt Ply Cooed! Approval Date 38' DECK+FD POO $40.00 per license CITY OF EAGAN X New 3830 Pilot Knob Road Renewal Eagan, MN 55122-1897 APPLICATION FOR UCENSE TO SELL TOBACCO PRODUCTS Please Print APPVCANT Glenn S. Keller Birthday 1/4/52 Residential Address 5809 Coronado Ridge, El Paso, TX 79912 Business Address • street city 7875 North Loop, El Paso TX 79915 state zip street city Home Phone (915) 584-3279 Business phone(915) 594-3021 state zip Business name in Eagan where tobacco is to be sold Twin Cities Stores, Inc. #590 Business address in Eagan where tobacco is to be sold . 4250 Lexington Avenue S. street TOBACCO PRODUCTS TO BE SOLD; (Check a0 that apply) X Cigarettes, cigars and other smoking tobacco X Snuff, plug and other chewing tobacco Clippings, cuttings and sweepings suitable for chewing or smoking Pipes and other tobacco related devices Cigarette papers and wrappers PACKAGING OF TOBACCO PRODUCTS TO BE SOLD (Check all that apply) X Individual pack or can X Two or more packs or cans packaged together X Full cartons LOCATION OF TOBACCO PRODUCTS WITHIN BUSINESS (Check all that apply) Self-service merchandise X Over-the-counter Vending machine Number of vending machines within business X Accessible to store clerk only SEPARATE LICENSES SHALL BE ISSUED FOR THE SALE OF TOBACCO PRODUCTS AT EACH FIXED PLACE OF BUSINESS AND FOR EACH VENDING MACHINE. TOBACCO SALES TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS IS UNLAWFUL AND 15 GROUNDS FOR SUSPENSION OR REVOCATION OF UCENSE. 1 (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 BEU DATE 'p 49( AUTHORIZED SIGNATURE FOR OFFICE USE ONLY City Council Approval Date: Date Issued: 3830 Pilot Knob Road Eagan, MN 55122 (612) 454-8100 CITY OF EAGAN For the Period - Jane, 1 SERVICE STATION PERMIT TRAILER PERMIT Cities Stoll es, .11:e. r . "tt hereby submits application for a Service Station Permit ($100.00) Trailer Permit ($50.00) Name of Applicant 9-1" `�' i Street Address ,11 y.... t11 (01, ^� . , �f 0.• $ � City, State, Zip 1" ilv�.,1,,, t t..", 171 Telephone Number 1/,it 1j;n Location of station or trailer if different from above address: A/50 A^nnitc. r • rie1 (4T 1. 2.P. `l MAKE CHECK OUT TO: CITY OF EAGAN IN THE AMOUNT OF 1 ' • PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. PLEASE RETURN YELLOW COPY WITH PAYMENT. RETAIN THE WHITE COPY FOR YOUR FILES. FOR OFFICE USE Receipt 0 Amount Received Date of Receipt City Condi Approval Dale f'• UF[K1/0PAPP $40.00 per license CITY OF EAGAN X New 3830 Pilot Knob Road Renewal Eagan, MN 55122-1897 APPI !CATION FOR UCENSE TO SELL TOBACCO PRODUCTS Please Print APPUCANT Glenn S. Keller Birthday 1/4/52 Residential Address 5809 Coronado Ridge, El Paso, TX 79912 street city &minims Address 7875 North Loop, El Paso, TX 79915 state zip street city state zip Home P (915) 584-3279 Business phone (915) 594-3021 Business name in Eagan where tobacco is to be sold Twin ri Hoc St nrPS Tn,. _ eS7F in lei. Business address in Eagan where tobacco is to be sold . 3150 Dodd Road street TOBACCO PRODUCTS TO BE SOLD: (Check all that apply) X Cigarettes, cigars and other smoking tobacco X Snuff, plug and other chewing tobacco Clippings, cuttings and sweepings suitable for chewing or smoking Pipes and other tobacco related devices Cigarette papers and wrappers PACK (GING OF TOBACCO PRODUCTS TO BE SOLI) (Check all that apply) X individual pack or can Two or more packs or cans packaged together X Full cartons LOCATION OF TOBACCO PRODUCTS WITHIN BUSINESS (Check all that apply) Self-service merchandise X Over-the-counter Vending machine Number of vending machines within business X Accessible to store clerk only SEPARATE LICENSES SHALL BE ISSUED FOR THE SALE OF TOBACCO PRODUCTS AT EACH FIXED PLACE OF BUSINESS AND FOR EACH VENDING MACHINE. TOBACCO SALES TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS IS UNLAWFUL AND IS GROUNDS FOR SUSPENSION OR REVOCATION OF UCENSE. 1 (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 BEUE DATE 130 (44 AUTHORIZED SIGNATURE FOR OFFICE USE ONLY City Councl Approval Date: Date issued: 3830 Pilot Knob Road Eagan, MN 55122 (612) 454-8100 CITY OF EAGAN For the Period 1- " July, °' r - June, SERVICE STATION PERMIT TRAILER PERMIT T,rin Cities Stoics, Inc. ." ';e. hereby submits application for a Service Station Permit (100.00) Trailer Permit (50.00) Name of Applicant •'"1" `'4i t Street Address '''" r.111 ^, • , ^.., i • • City, State, Zip ..."•.,, X11 Telephone Number • 1.'' r 1 71, Location of station or trailer if different from above address: I 1 ,' ,,•.,t,4 ft•, ,.i , r• •�".,,� ,', -;1"1 "1 mew!: 411 17.17 MAKE CHECK OUT TO: CITY OF EAGAN IN THE AMOUNT OF ' PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. PLEASE RETURN YELLOW COPY WITH PAYMENT. RETAIN TIIE WHITE COPY FOR YOUR FILES. FOR OFFICE DM Receipt 0 Date el Receipt Amount Received a.7 Council Appvo aI Deo MEMOS NPR CITY COUNCIL AGENDA SUBMITTAL FORM MEETING DATE: November 1, 1994 DEPARTMENT: Finance/City Clerk Please place the following items on the Council agenda for the above -referenced date: (Departments, please indicate under which heading you would like your items to appear, i.e. Consent Agenda, Old Business, New Business, etc.) Consent agenda: Cigarette and service station licenses for: TWIN CITY STORES, INC. Store 1576 3150 Dodd Road Store #590 4250 Lexington Ave. Store #592 1286 Lone Oak Road These are currently operated as Fina stationstores. Submit this form, along with any attachments, to the Administrative Secretary. THE DEADLINE FOR SUBMITTING AGENDA ITEMS IS MONDAY AT 4:30 P.M, Agenda Information Memo November 1, 1994 City Council Meeting MAINTENANCE AGREEMENT/POLICE DEPARTMENT COMMUNICATIONS N. Maintenance ment, with ElectroCom Communications Systems—Enclosed on pages through is a memorandum from the Police Department covering the selection of ElectroCom Communications as the provider for the communications maintenance agreement for the facility's equipment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the maintenance agreement between the City of Eagan and ElectroCom Communications Systems as presented. // city of ocigcin police department PATRICK GEAGAN Chief of Police RICHARD SWANSON Captain Adminktration & Investigation JAMES SEWALD Captain Patrol 3830 PILOT KNOB ROAD EAGAN. MINNESOTA 55122-1897 PHONE: (612) 681-4700 TDD: (612) 454-8535 FAX: (612) 681-4738 November 1, 1994 THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE TO: TOM HEDGES, CITY ADMINISTRATOR City Clerk FROM: PATRICK J. GEAGAN, CHIEF OF POLICE SUBJECT: jMAINTENANCE SERVICES AGREEMENT FOR PUBLIC SAFETY MOBILE DATA COMMUNICATION SYSTEM The Eagan Police Department installed the Mobile Data Terminal (MDT) system in late 1990. ElectroCom Communication Systems L.P. (ElectroCom) installed this system, and continues to support the system. Even though the original maintenance services agreement has expired, ElectroCom continues to support our system. The past agreement expired on October 30, 1993. In order for ElectroCom to continue supporting our system, a new maintenance services agreement needs to be signed. The submitted agreement proposes to support the maintenance of the Message Switch and Dispatch Console Software on a time -and -material basis. This will benefit the City as we will be able to better monitor and control the amount of time allocated for support. Attached for City Council review and approval is a Maintenance Services Agreement with ElectroCom Communication Systems L.P. Patrick J. Geagan Chief of Police Attachment THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer MOBILE DATA COMMUNICATIONS SYSTEM MAINTENANCE AGREEMENT BETWEEN CITY OP EAGAN, MINNESOTA AND ELECTROCOM COMMUNICATION SYSTEMS L.P. AGREEMENT dated as of , 1994 between The City of Eagan, Minnesota, organized under the laws of the State of Minnesota ("Buyer"), and ElectroCom Communication Systems L.P., a Limited Partnership formed and existing under the laws of the State of Texas ("ElectroCom") and having a place of business at 10400 Pioneer Blvd., Building E-2, Santa Fe Springs, CA 90670. WHEREAS, by separate agreement, Buyer purchased a Mobile Digital Communications System (the "System"), and ElectroCom desires to sell Maintenance Services (the "Services") for the Mobile Digital Communications System Software. WHEREAS, Buyer desires to purchase the Services from ElectroCom subject to the terms and conditions set forth herein; NOW THEREFORE, the Parties hereto agree as follows: ARTICLE 1 BASIC OBLIGATION OF THE PARTIES Subject to the Terms and Conditions provided for herein: a. ElectroCom, in consideration of the contract price (as hereinafter defined), agrees to sell the Services to Buyer; b. Buyer hereby agrees to purchase the Service from ElectroCom; and c. ElectroCom and Buyer agree to perform their respective obligation under this Agreement in accordance with the Performance Schedule attached hereto as Annex A and to be charged in accordance with the Time and Materials Rates attached hereto as Annex B. ARTICLE 2 EFFECTIVE DATE, DURATION AND TITLE 2.1 EFFECTIVE DATE - This Agreement will be effective 1 October 1994. 2.2 DURATION - This Agreement will remain in effect for twelve (12) months from the Effective Date. 2.3 TITLE TO THE SYSTEM - Title to the System shall remain in the Buyer. z/.6 Maintenance Services Agreement City of Lagan, Minnesota Page 2 ARTICLE 3 TERMS OF PAYMENT AND ADDITIONAL CHARGES 3.1 CONTRACT PRICE - The Contract will be paid for by Buyer with Purchase Orders to be issued to Seller at time service calls are placed. Buyer's representative(s) must provide purchase order number at time of placing call for support to be given. Buyer to identify personnel authorized to place service calls pursuant to this Agreement. 3.2 MAJOR EQUIPMENT CHANGES AND MODIFICATIONS - Should Buyer desire equipment changes or configuration modifications to the System, or disassembly and subsequent assembly at a different location than the location specified herein, then ElectroCoa and Buyer shall negotiate a price and schedule at the tine of any such requirement. This amount is in addition to the amount set forth in ARTICLE 3:1 of this Agreement. 3.3 TERMS OF PAYMENT - Buyer hereby agrees to make payments for EleetroCom services within thirty (30) days after receipt of EleetroCom invoices. A service charge of one and one-half percent (1.5%) will be charged on delinquent accounts. 3.4 AFTER HOURS MINIMUM CHARGE - Buyer hereby agrees there will be a four-hour minimum charge for calls received outside of normal working hours, 5:00 a.m. to 5:00 p.m., Monday through Friday, Pacific Time. ARTICLE 4 EXCLUSIONS This Agreement does not provide for replacement of, or repair of the System due to damage, abuse, misuse, accident, fire or neglect caused by Buyer. ARTICLE 5 DISCLAIMER OF WARRANTY Under this Agreement, EleetroCom shall not be responsible for system Warranty. The entire Warranty, with respect to the System, vas expressly wade by EtectroCom and was accepted by Buyer in the previous Agreement between the Parties. Nothing in this Agreement shall be construed as an extension of the Warranties previously given, where the MDT system (hardware and firnware) and associated interfaces, have been completed and have acceptance by the Buyer. Z0/Ord L96N WT£iTT LZ-0T4.66T •£LP 169 ZT9 t 01 )(WA D INON i WOW • FROM 1140N I CR MIX TO 8612 681 4738 1994,10-20 e2148Pt1 8848 P.83183 Maintenance services Agreement City of Eagan, Minnesota Page 3 ARTICLE 6 TERMINATION This Agreement shall remain in effect for twelve (12) consecutive months from the effective date of this Agreement. However, it may be canceled by the Buyer on a written thirty (30) day advanoe notice. ARTICLE 7 RESPONSIBILITY FOR EMPLOYER AND AGENTS 7.1 In performing this Agreement, each Party hereto shall be responsible for the conduct of its employees and agents. In addition, ElectroCom shall be responsible for the conduct of Vendor personnel in their Services pursuit, subordinate to ElectroCom. 7.2 WORK POLICY - Individuals assigned by ElectroCom to perform this Agreement shall observe the standard working rules of Buyer while on Buyer's premises, which observance shall not constitute an excuse by ElectroCom for failure to perform this Agreement. Buyer will make the system available to ElectroCom and its employees and agents for purpose of this Agreement at mutually -agreed upon time. 7.3 INDEPENDENT CONTRACTOR - ElectroCom is an independent contractor and neither ElectroCom nor its officers, directors, employees, agents or independent contractors are, or shall be, deemed to be employees of Buyer. 7.4 INSURANCE AND INDEMNIFICATION - During the period of this Agreement, ElectroCom shall maintain insurance coverage as follows: a. Workmen's Compensation and Employers Liability Insurance which shall fully comply with the statutory requirements of all state lave as well as federal laws which may be applicable. Employers Liability limit shall be $500,000 per person per occurrence. b. Comprehensive General Public Liability and Property Damage Insurance with a combined single limit of $2,000,000 for injuries or deaths or property damage arising out of an occurrence. c. Comprehensive Automobile Public Liability and Property Damage Insurance covering all owned, hired or non -owned vehicles and equipment used by ElectroCom with a qg ..a.. 4:.••.,-».....•..••• •v ,; �- , . Maintenance Services Agreement City of Eagan, Minnesota Page 4 combined single limit of $1,000,000 for injuries or deaths or property damage arising out of an occurrence. d. If requested by Buyer, ElectroCom will furnish to Buyer a certificate of insurance which certifies that such policy (ies) is in full force and effect and will not be canceled nor materially changed without at least ten (10) days prior written notice to the Buyer. ARTICLE 8 RESPONSIBILITY OF THE BUYER 8.1 If applicable, Buyer shall remove and replace equipment as required and forward to ElectroCom's designated service center for repair and return. Cost of shipment to and from ElectroCom's Service Center will be the responsibility of Buyer. 8.2 The Buyer shall provide to ElectroCom, any spare parts the Buyer has on-site to assist ElectroCom in providing the services. Spare parts include any spare parts for the System the Buyer has in its possession. ElectroCom shall be responsible for repair or replacement of any of Buyer's spare parts utilized. 8.3 Any requests for maintenance subsequently determined by ElectroCom to be attributed to a problem associated with systems other than the maintained items set forth herein shall be submitted in detail in writing to Buyer. Buyer shall have thirty (30) days after the receipt of the report to research the item in question to determine if any further action is necessary. If such services were authorized by Buyer, the charges shall be billable to the Buyer at ElectroCom's time -and -materials rates then prevailing. At the time of contract execution, ElectroCom shall furnish the Buyer with the current time -and -materials rates. Buyer shall furnish to ElectroCom a list of personnel authorized to request maintenance services pursuant to this Agreement. 8.4 The Buyer agrees to provide ElectroCom, at no cost to ElectroCom, a dial-up communication capability for remote access to the Systems' software during the period of this Agreement for the purpose of maintaining the System software. 8.5 The Buyer agrees to provide information to ElectroCom detailing the problem encountered with the Maintained Software by calling ElectroCom's Software Engineering Group Toll Free at 1-800-348-1477 during normal business hours and after business hours at 1-800-325-7133. qy Maintenance Services Agreement City of Eagan, Minnesota Page 5 ARTICLE 9 GENERAL 9.1 ASSIGNMENT - This Agreement may not be assigned by either Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld. 9.2 EXCUSABLE DELAYS - If the performance of this Agreement, or of any obligation hereunder is prevented, restricted or interfered with by reason of: a. Fire, explosion, breakdown of plant, strike, epidemic, cyclone, flood, power failure, or delays caused during shipment, energy shortage; b. war, revolution, civil commotion, insurrection, acts of public enemies, quarantine, blockage or embargo; c. unavailability of material due to severe market shortages, or failure of supplier to deliver material or service; d. any law, order, proclamation, regulation, ordinance, demand or requirement of any government or any subdivision, authority or representative of any such government; or e. other circumstances beyond the reasonable control of the Party affected; then the Party affected, upon giving prompt notice to the other Party, shall be excused from such performance, to the extent of such prevention, restriction or interference (and the other Party shall likewise be excused from performance so prevented, restricted or interfered with); provided that the Party so affected shall use its best efforts to avoid or remove such causes of nonperformance, and both Parties shall continue performance hereunder with the utmost dispatch whenever such causes are removed. 9.3 REMEDIES - The remedies set forth in this Agreement are the exclusive remedies available to Buyer and ElectroCom. UNDER NO CIRCUMSTANCES SHALL BUYER OR E1sotroCom BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR RESULTING LOSS OR DAMAGE OF ANY RIND, HOWSOEVER CAUSED. The foregoing limitations on Buyer's or ElectroCom's remedies shall not apply to any liability deemed in accordance with applicable law for injury to, or death of, Maintenance Services Agreement City of Eagan, Minnesota Page 6 any person or persons, resulting from Buyer's or ElectroCom's performance under this Agreement. 9.4 GOVERNING LAW - THIS AGREEMENT WILL BE GOVERNED IN ALL RESPECTS OF THE LAWS OF THE STATE OF CALIFORNIA. 9.5 AMENDMENT - This Agreement, including the Annex hereto, may be amended only by an instrument in writing executed by Buyer and ElectroCom or their permitted assignees. 9.6 PARAGRAPH HEADINGS - Paragraph and article headings are for reference purposes only and shall not affect the interpretation or meaning of this Agreement. 9.7 NOTICES - All notices pursuant to this Agreement shall be in writing. Notices in writing shall be sufficient if personally delivered or mailed by first-class mail, postage prepaid, to the attention of the person listed below and to the Party intended as the recipient thereof at the address of such Party set forth below, or at such other address, or to the attention of such other person as such Party shall have designated for such purpose in a written notice complying as to delivery with the terms of this paragraph. BUYER: SELLER: CITY OF EAGAN, MN 3830 Pilot Knob Road Eagan, MN 55122 Attention: D. Aszmann Deputy Captain ElectroCom Communication Systems 10400 Pioneer Boulevard Building E-2 Santa Fe Springs, CA 90670 Attention: B. G Kelly Contracts 9.8 NO WAIVER OF PERFORMANCE - Failure by either Party at any time to require performance by the other Party or to claim a breach of any provision of this Agreement will not be construed as a waiver of any right accruing under this Agreement nor affect any subsequent breach nor affect the effectiveness of this Agreement or any part hereof, nor prejudice either Party as regards any subsequent action. 9.9 ENTIRE AGREEMENT/CONFLICTING PROVISIONS - This Agreement, including the Annex hereto, constitutes the entire Agreement between the Buyer and ElectroCom with respect to the subject matter hereof. In the event of any conflict between the terms of the main body of this Agreement and the Annex hereto, the terms of the main body of this Agreement shall govern. Maintenance Services Agreement City of Eagan, Minnesota Page 7 IN WITNESS WHEREOF, the Parties hereto have respectively caused this Agreement to be executed by their duly authorized officers as of the day and year first written above. BUYER: ElectroCom Communication Systems: By: By: R. E. Neal, Jr. Name Name Chief Financial Officer Title Title Date Date Sc2 Maintenance Services Agreement City of Eagan, Minnesota Page 8 "ANNEX A" PERFORMANCE SCHEDULE ElectroCom Communication Systems L.P., for the twelve (12) month term of this Agreement, shall provide the following Maintenance Services on the Mobile Data Communications System equipment identified in the Schedule of Equipment below and which is a part of the system identified in this Agreement which is operating at the Buyer's facilities. 1. Remedial Maintenance as required to restore software to good operating condition will be provided by ElectroCom Communication Systems L.P. on an 24-hour/day basis, seven (7) days per week. 2. ElectroCom will make a best effort to respond to remedial maintenance requests within a four-hour period, and emergency requests such as, but not limited to, a total system failure, within one (1) hour. 3. ElectroCom will provide all required labor utilized on this Maintenance Program. 4. The Buyer's representative designated in paragraph 9.7 of the basic agreement is to provide a list of personnel authorized to place service calls pursuant to this Agreement. SCHEDULE OF MAINTAINED ITEMS Message Switch Software 2 Each Dispatch Console Software "ANNEX B" ELECTROCOM COMMUNICATION SYSTEMS L.P. PUBLISHED NON -WARRANTY SERVICE RATES* IN -FACTORY SERVICE: January 1,1994 A. FACTORY SOFTWARE ENGINEERING SERVICE RATES - Includes Telephonic Support 1. Standard Service Rate One Hundred and Thirty Seven dollars (5137.00) per hour during normal working hours. 2. Overtime Service Rate Two Hundred and Six dollars ($206.00) per hour for all hours in excess of eight (8) hours in one day (Monday - Friday) and all hours Saturdays and Sundays. Overtime labor is subject to four (4) hour minimum charge. 3. Holiday Service Rate Two Hundred and Seventy Five dollars (S275.00) per hour. Holiday labor is subject to a four (4) hour minimum charge. B. MATERIAL Material will be invoiced at "ElectroCom's" current published list price, less any negotiated discounts which apply. ON-SITE SERVICE: A. FIELD SOFTWARE ENGINEERING TECHNICIAN SERVICE RATES 1. Standard Service Rate One Hundred and Sixty Five dollars (5165.00) per hour during normal working hours. 2. Overtime Service Rate Two Hundred and Forty Eight dollars ($248.00) per hour for all hours in excess of eight (8) hours in one day (Monday - Friday) and all hours Saturdays and Sundays. Overtime labor is subject to a four (4) hour minimum charge. 3. Holiday Service Rate Three Hundred and Thirty dollars (S330.00) per hour. Holiday Labor is subject to a four (4) hour minimum charge. B. MATERIAL Material will be invoiced at "ElectroCom's" current published list price, less any negotiated discounts which apply. C. TRAVEL AND EXPENSES Travel and Expenses will be invoiced in accordance with the following: 1. Travel Time: One Hundred and Thirty dollars ($130.00) per hour for actual elapsed time portal to portal 2. Travel - Private Auto: Twenty -Eight cents (S.28) per mile, based upon actual portal to portal distance. 3. Travel - Commercial Carrier: Invoiced at actual cost. 4. Auto Rental: Invoiced at actual cost. 5. Per Diem: Two Hundred dollars (S200.00) per day. 6. Freight: Freight for shipment of repair parts and/or specialized equipment will be invoiced at actual cost. Trip preparations necessary to provide the appropriate on-site service will be included and invoiced at the above stated in factory service rates. *Subject to change without prior notice. Agenda Information Memo November 1, 1994, City Council Meeting RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING (DUCKWOOD ESTATES - STREETLIGHTS) O. Project 676, Receive Feasibility Report/Order Public Hearing (Duckwood Estates - Streetlights)—In response to a petition received from several property owners in the Duckwood Estates development, the City Council authorized the preparation of a feasibility report to investigate the installation of additional neighborhood residential streetlights. This feasibility report has now been completed and is being forwarded to the Council under separate cover for their consideration of scheduling a public hearing to formally present and discuss the merits of this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 676 (Duckwood Estates - Streetlights) and schedule a public hearing to be held on December 6, 1994. APPROVE SPECIFICATIONS/AUTHORIZE ADVERTISEMENT FOR BIDS (1995 SEALCOAT) P. Contract 94-18, Approve Specifications/Authorize Advertisement For Bids (1995 Sealcoat - Aggregate Material) --A scheduled 1994 sealcoat street maintenance program was one of the smallest programs with a $43,000 budget from the General Operating Fund and a proposed Major Street Fund match of $47,000 ($90,000 total). Because of this small size, the Public Works staff felt it would be more economical to delay this sealcoat program until 1995 where it can be combined with a larger program and receive better bids through the "economies of scale" theory. In the interim, the Public Works Superintendent and the Assistant City Engineer have been working with representatives of MnDOT to review the specifications in hopes to achieve the same benefit using reduced quantities of oil and aggregate. In addition, it is estimated the City could save approximately $2/ton ($6,000) if the City purchased the aggregate material for use by the sealcoat application contractor. Therefore, staff is recommending that the $43,000 budgeted for 1994 be used to purchase the aggregate material for application in 1995. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the specifications for Contract 94-18 (1995 Sealcoat - Aggregate) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Friday, December 2, 1994. Agenda Information Memo November 1, 1994 City Council Meeting SPECIAL HUNTING PERMIT/ROBERT K. SANDEEN Q. Special Hunting Permit, Robert K. Sandeen—Enclosed without page number is a copy of the special hunting permit application for Robert K. Sandeen. Attached to the application is a copy of the owner's written permission for Mr. Sandeen 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 Robert K. Sandeen as presented. :1JJ k t_►� �� ,1141011 R. Special Hunting Permit, Stephen L. Huettl--Enclosed without page number is a copy of the special hunting permit application for Stephen L Huettl. Attached to the application is a copy of the owner's written permission for Mr. Huettl 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 Stephen L Huettl as presented. SPECIAL HUNTING PERMIT/KEVIN MCGRATH S. Special Hunting Permit, Kevin McGrath --Enclosed without page number is a copy of the special hunting permit application for Kevin McGrath. Attached to the application is a copy of the owner's written permission for Mr. McGrath 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 Kevin McGrath as presented. ,SPECIAL HUNTING PERMIT/DANIEL MASON T. Special Hunting Permit, Daniel Mason—Enclosed without page number is a copy of the special hunting permit application for Daniel Mason. Attached to the application is a copy of the owner's written permission for Mr. Mason 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 Daniel Mason as presented. 6C Agenda Information Memo November 1, 1994 City Council Meeting SPECIAL HUNTING PERMIT/TODD J. OLSON U. Special Hunting Permit, Todd J. Olson—Enclosed without page number is a copy of the special hunting permit application for Todd J. Olson. Attached to the application is a copy of the owner's written permission for Mr. Olson 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 Todd J. Olson as presented. SPECIAL HUNTING PERMIT/TIM FOLKERTS V. Special Hunting Permit, Tim Folkerts—Enclosed without page number is a copy of the special hunting permit application for Tian Folkerts. Attached to the application is a copy of the owner's written permission for Mr. Folkerts 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 Tim Folkerts as presented. SPECIAL HUNTING PERMIT/VINCENT LACROI7X W. Special Hunting Permit, Vincent LaCroix --Enclosed without page number is a copy of the special hunting permit application for Vincent LaCroix. Attached to the application is a copy of the owner's written permission for Mr. LaCroix 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 Vincent LaCroix as presented. SPECIAL HUNTING PERMIT/GREGORY I. ARENS X. Special Hunting Permit, Gregory J. Arens—Enclosed without page number is a copy of the special hunting permit application for Gregory J. Arens. Attached to the application is a copy of the owner's written permission for Mr. Arens 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 Gregory J. Arens as presented. Agenda Information Memo November 1, 1994 FINAL ASSESSMENT HEARING BLUE CROSS ROAD - STREETS & TRAILWAY A. Project 646 (Blue Cross Road - Streets & Trallway)—On October 4, the City Council received the final assessment roll for the above -referenced project and scheduled a public hearing to be held on November 1 to formally present the final assessable costs associated with this project. Enclosed on page ,?q is a summary tabulation of the final costs as compared to those estimated in the feasibility report presented at the public hearing held on February 15, 1994. The only private property owner affected by this project is Blue Cross/Blue Shield of Minnesota. These final costs have been reviewed with representatives of that firm and found to be acceptable. They intend to pay the assessment off in full once it is adopted by official Council action. They've indicated they will have no representation at this public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and adopt the final assessment roll for Project 646 (Blue Cross Road - Streets & Trailways) and certify any unpaid amount to Dakota County. PROJECT llUl BU: SUBDIVISION/AREA: P 646 Blue Cross Rd. FINAL ASSESSMENT mina ASSESSMENT BEARING DATE: PUBLIC BEARING DATE: IMPROVEMENTS INSTALLED AND/OR ASSESSED: P.R. m Feasibility Report $ARITART SEWU ❑ Trunk ❑ Laterals ❑ Service D Lat. Benefit/ Trunk FINAL RATES P.R. RATES November 1, 1994 February 15, 1994 FINAL RATES ❑ Trunk O Laterals ❑ Lat. Benefit/ Trunk T.R. RATES ❑ Trunk ❑ Laterals ❑ Service ❑ Lat . Benefit/ Trunk ❑ NAC MUM O Gravel Base Gl Surfacing ❑ Res. Equiv. ❑ Multi Equiv. ❑ C/I Equiv. ❑ Trail �.I. $23.77/ff S.F. 14.27/ff 29.10/ff 21.83/ff JERVICES 0 Vater & San. Sever STREET LIGHTS O Installation ❑ Energy Charge CONTRACT 94-03 * OF ZARCEIS 6 TERMS 15 Yrs. INTEREST LATE 6.5 s ANOOO11gFZ t1b7,, i85DR 135,356.88 CITY D $787 114,330.07 Agenda Information Memo November 1, 1994 FINAL ASSESSMENT HEARING DODD ROAD - STREETS & TRAILWAYS B. Final Assessment Hearing, Project 659 (Dodd Road - Streets & Trailways) --On October 4, the final assessment roll was presented to the City Council and a public hearing was scheduled for November 1. Enclosed on page h/ is a summary tabulation of the final assessment rates as compared to the estima a contained in the feasibility report presented at the original public hearing held on February 28, 1994. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, on October 20, an informational neighborhood meeting was held to address any questions or concerns affected property owners may have. Enclosed on pageand 4.1 is a notice of that meeting along with a summary information sheet. Encloseei pagesthrough X4 is a memo summarizing the issues from that neighborhood meeting of this date, staff has not received any formal written objections to these proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 659 (Dodd Road - Streets & Trailways) and authorize its certification to Dakota County. 0., VIRAL ASSESSMENT REARING Noverr £SSESSIOMT, REARING DATE: ber 1, 1994 PUBLIC C BATE: February 28, 1994 toilet Ott t P659 1U1DITIBION/Aw►: Dodd k,sd Aeconstt„ctla: 21trlp &M?J7: !PETALLED AND/OR ASSESSED: P.I. feasibility tarot! BARITAR? SEVLI ❑ Trunk ❑ Letesels o Service D Lat. Benefit/ Trunk tram. t.k. MINNIENIMM=uTEs i*TEs MILS= • ❑ Trunk ❑ Laterals ❑ Lat. Benefit/ Trunk PIAL RATES F.R. RATES EMI ❑ Trunk ❑ Laterals ❑ Service ❑ La . Benefit/ Trunk ❑ NAC QTS O Gravel Base S.F$1,Lb.w/1.oE rquiv. *1,840/Lot Eqi GI Surfacing P.F. 55.65/ff 61.31/fr O Res.' Egdiv. • Multi Equiv. ❑ C/I Equiv. ❑ Trail SERVICES 0 Nater & San. Sever STREET LIGHTS ❑ Installation O Energy Charge CONTRACT A OF INTEREST No. z w _TERMS uTE 94-05 13 15Tra . 6.5 t AMOUNT CITT F.R. VWCIFF.R. 45,887.26 726,789.04 city of aagan October 14, 1994 THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Councl Members Re: Project 659, Dodd Road Reconstruction (Cliff to Diffley) THOMAS HEDGES Final Assessment Hearing & Informational Meeting Notices City Administrator Dear Property Owner: E. J. VAN OVERBEKE City Clerk As you are aware, the reconstruction of Dodd Road from DiMey Road to pill Road has now been substantially completed. These improvements included the replacement of the bituminous pavement, Installation of concrete curb and gutters, miscellaneous utility system repairs, storm drainage improvements and tratways. The final sodding, restoration and striping are expected to be completed within the next week or two. However, we have been able to calculate the final costs, and a final assessment roll has been prepared. The City of Eagan will present these proposed final assessments at a formal public hearing at 7:00 p.m. on November 1. 1994. Formal notice of this final assessment public hearing Is enclosed with this letter. Due to the limited time available for staff to adequately address individual concerns during the formai public hearing process, we have scheduled an informational neighborhood meeting for this purpose. This neighborhood meeting will be held in the City Hall Council Chambers on Thursday, October 20, 1994. -•The meeting will -begin at 805 p.m. following a similar neighborhood meeting for a different project which will end at 8:00 p.m. We invite you to attend this meeting to learn more about the project financing and answer any questions or concerns about this project at that time. For your infer a brief summary of the pertinent information has been enclosed with this letter.concemkmg this project The City staff, the consulting engineering firm of MSA, Inc., and the contracting firm of McNamara -Vivant, Inc., would like to thank you for your patience, understanding and cooperation during this project and hope that we have met your expectations. We look forward to meeting with you to address any questions or concerns you may have regarding this project. • Sincerely. A. Colbert, P.E. Director of Public Works TAC/ij cc: Mayor & City Council c/o Thomas L Hedges, City Administrator Mike Foertsch. Assistant City Engineer Greg Stonehouse, Consulting Project Manager Stan L.exvold, Engineering Construction Supervisor Enclosure: Final Assessment Hearing Notice Summary MUNICIPAL CENTER 3830 PLOT KNOB ROAD EAGAN. MINNESOTA 55122-1897 PHONE: (612)681.8600 FAX: (612) 681-4612 TDD: (612) 454.8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH 14 OUR COMMUNITY Equal OppodunIty/Afflrmathe Action Employer MAINTENANCE FACIUTY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (612) 681.430D FAX (012) 681.4360 TDD: (612) 454-8535 EMMA • 1979-1980 • November, 1991 • November 16, 1993 • January 20, 1994 • February 28, 1994 • May 3, 1994 • June 7, 1994 • July, 1994 • October, 1994 • October 20, 1994 • November 1, 1994 • December 1, 1994 • May 15, 1995 Lob PROJECT 659 DODD ROAD (CLIFF TO DIFFLEY) STREET RECONSTRUCTION/UPGRADE Dodd Road first paved Identified in City's 5 -Year Capital Improvement Program for upgrading to final design Council orders preparation of Feasibility Report Informational neighborhood meeting held Council holds public hearing and orders project to proceed at estimated cost of $21.65 per front foot or $1,840 per lot equivalent' (assumes 85 feet of frontage per lot) CouncU reviews results of appraisals of 4 Tots (30% of 13 parcels) and reaffirms proposed assessment rates Council receives competitive bids and awards contract to McNamara - Vivant, Inc. Constriction begins Construction completed Informational neighborhood meeting to review project and final costs Final assessment public hearing Unpaid assessment balances certified to Dakota County 1st installment payment due with real estate property taxes • $21.65/foot, $1,840/lot equivalent • $19.09/foot, $1,623/lot equtvalent • $14.41/foot, $1,225/lot equivalent • $772,676.30 • $ 45,887.26 (5.9%) • $e726,789.04 (94.1%) Financing of Special Assessments Original Feasibility Report estimate Revised estimate based on competitive bids Final Assessable Cost Total project costs Assessed to property owners Financed by the City • 30 -day prepayment option with no Interest, available from November 2 to December 1, 1994 • Any unpaid balance is certified to Dakota County to be collected with property taxes over 15 years • Interest rate is 6.5% calculated on remaining unpaid balance at the end of each year • Annual cost assuming no prepayments: • $17.95/mo. per lot equivalent 1st year • $10.87/mo. per lot equivalent 15th year 3 MEMO city of eagan TO: FILE FROM: MIKE FOERTSCH, ASSISTANT CITY ENGINEER DATE: OCTOBER 27,1994 SUBJECT: CITY PROJECT 659 (DODD ROAD - PHASE 1I CONSTRUCTION) FINAL ASSESSMENT INFORMATIONAL MEETING At 8:05 p.m., on Thursday, October 20, 1994, City staff hosted a neighborhood Informational meeting regarding the proposed assessments for the Dodd Road Phase II construction. Mike Foertsch represented City staff and Greg Stonehouse and Clyde Chase, from MSA, Inc., the City's consulting engineer on the project, were also in attendance. Three property owners representing two properties along Dodd Road were present at the informational meeting. Please refer to the attached sign -in sheet. The following concerns were raised by the residents in attendance at the meeting: • Parcel #10-44300-050-02, 4462 Dodd Road (Robert & Janice Heddle) — This property owner had an issue with respect to the construction of the trailway adjacent to his property. One concem the property owner had was the amount of erosion taking place because the restoration had not been performed by the contractor. Another item related to the steepness of his driveway as a result of the construction of the trailway. Representatives of City staff along with the City's consulting engineer reviewed the situation with the property owner. With respect to the erosion taking place, the contractor has cleaned up the sediment that was deposited in his yard. The sodding and restoration are now taking place along the trailway and anticipated to be completed by November 1. The driveway slope has increased because of the trailway construction. This slope on the driveway was necessitated by the fact that the trailway needed to be tipped towards the street in order to contain storm water runoff from the trailway as well as In the street from running down the property owner's driveway towards his house. The house and garage sit below the existing street level on Dodd Road. When representatives from staff and the City's consulting engineer met with the property owner and explained the situation to him, he appeared to be satisfied with the explanation. 6� • Parcel #10-02500-042-30, 4370 Dodd Road (Gordon & Shlrlee Schramm) — This property owner identified a number of concerns associated with the Phase II construction along Dodd Road. They are as follows: • Water shut-off was not properly adjusted in his front yard. • When will the mailboxes be installed? • The property owner was contacted by the City's. appraiser for a showing of the property. The appraiser did not meet with the property owner when he stated he was going to. • The County Assessor stated there is no market value increase for taxation purposes as a result of reconstructing a roadway. • The property owner was led to believe that the Phase I construction for Dodd Road was the one and only assessment being levied for Dodd Road improvements. • Why was parking allowed on the west side of the street versus the east side of the street? • What are the steps involved in the appeal process? The water shut-off valve will be adjusted to proper elevation with the final restoration of the boulevard areas. Likewise, the mailboxes will be reinstalled after the sodding is completed. The County Assessor uses different criteria in determining the property valuation for taxation purposes. In levying special assessments to properties for a public improvement, the City is restricted to the dollar value increase in market value of the property as a result of the improvements. In the County's valuation formula, they look strictly at the fact of an improved street or not improved street. The condition of the improved street is not taken into consideration in the County Assessor's formula when figuring valuation. The City's appraiser contacted the property owners to notify them that he would be viewing their property. The City appraiser's evaluation of the benefit received from the result of the roadway improvements was with respect to the number of lots which could reasonably be created from the original parcel. The benefit as proposed was substantiated merely by the fact that the property was able to be subdivided into the number of units as identified in the preliminary report for the improvement. The appraiser did not need to view the interiors of the structures existing on the properties to substantiate the necessary increase in market value. City records show that Phase I Dodd Road construction was identified as such. The City finds no documentation which stated to the property owners that the Phase I construction was the only assessment which would be levied against those properties at that time. The Phase I assessment consisted of grading and placement of aggregate base and bituminous base material. There was no dollar calculation or assessment made for the final wear course or the installation of concrete curb and gutter along the roadway. Staff 2 6S requested the property owner to furnish written documentation from an authorized representative of the City which stated that Phase I Dodd Road improvements were the one and only assessment which would be levied for the construction of Dodd Road. Short of written documentation being produced by the property owner, the City has no record of such a representation being made to the property owners. The property owner questioned why parking was allowed: on the west side of Dodd Road versus the east side. When staff reviewed the existing single-family residences along Dodd Road, a greater number of single-family driveways existed along the west side of Dodd Road versus the east side. As a result, staff recommended to the City Council that they restrict parking on the east side of Dodd Road versus the west side. Staff explained the steps involved in the appeal process if the property owner so chooses to dispute the amount of the assessment being proposed. The meeting adjourned at approximately 9:00 p.m. `71/4.i2 � Assistant City Engineer ' - MPF/jj Attachment: Sign-up Sheet 3 66 Agenda Information Memo November 1, 1994 FINAL ASSESSMENT HEARING WILDERNESS RUN 1.4 ADDITIONS - STREET REHABILITATION C. Final Assessment Hearing, Project 660 (Wilderness Run 1-4 Additions - Street Rehabilitation) --On October 4, the final assessment roll was presented for the above - referenced project with the public hearing being scheduled for November 1 to formally present and discuss the assessable costs associated with this project. Enclosed on page is a summary tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on February 15, 1994. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, on October 20, an informational neighborhood meeting was held to address any questions or concerns the residents may have. Enclosed on pages 49 through is a copy of the notice and summary information sheets sent to the property owners. Also enclosed on page 7/ is a summary of the issues staff has received at or prior to this meeting. As of this date, staff has received 1 written formal objection to these proposed assessments. This objection is enclosed on page 7,2. along with staff's response enclosed on pages 23-7 ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and adopt the final assessment roll for Project 660 (Wilderness Run 1-4 Additions - Street Rehabilitation) and authorize its certification to Dakota County. 67 PROJECT wUMBER: P 660 Wilderness Run rd, araTereet-Reccostroction — FINAL ASSESSMENT REARING ASSESSMENT HEARING DATE: Novo/her 1, 1994 I11PRONTS INSTALLED AND/OR ASSESSED: F.R. I., Feasibility Report SANITARY SEER ❑ Trunk ❑ laterais ❑ Service ❑ Lat. Benefit/ Trunk FINAL F.R. RATES RATES FUILIC HTJB.ING DATE: February 15, 1994 FINAL P.R. RATES RATES Trunk ❑ Laterals ❑ Lat. Benefit/ Trunk ❑ Trunk ❑ Laterals ❑ Service ❑ Let . Benefit/ Trunk ❑ NAC CUM ❑ Gravel Base El Surfacing $1,828.49/1ot $3.552/lot Equi ❑ Res.- Egtiiv ❑ Multi Equiv. ❑ C/I Equiv. O Trail $EROICES ❑ Water & San. Sever STREET LIGHTS O Installation O Energy Charge CONTRACT 0 OF INTEREST AMOUNT 110. PARCELS TERMS RATE Ay�C; j ►�,$ 00 FR 94-06 170 15 Yrs. 6.5 % 325,471.22 eg CITY '+x.00 FR 219,223.45 • city of actgcin October 14, 1994 Re: Project 660, Wilderness Run 1 -4th Additions (Street Reconstruction) Final Assessment Hearing & Informational Meeting Notices THOMAS EGAN Moya PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Merron THOMAS HEDGES City Administrator VA Dear arty Owner: E City MirN OVERBEKE As you are aware, the reconstruction of the streets in your neighborhood has now been substantially completed. These improvements induded the replacement and rehabilitation of the pavement section, miscellaneous curb repair, storm drainage improvements and utility system repairs. M project costs have now been compiled and a final assessment roll prepared. The City of Eagan has scheduled a formal public hearing at 7:00 p.m. on November 1, 1994, to consider adopting the final assessment for these k proiernwnts. Formai notice of this public hearing is enclosed with this latter. Due to the limited time available for staff to adequately address individual concerns during the format public hearing process, we have scheduled a neighborhood meeting for this purpose. We will review the final project costs, assessment/payment schedules and any concerns you may have with the final status of this project. This nelahborhood meetina will be held In the City Hall Council Chambers on Thursday, October 20. 1994. The meeting will begin at 6:30 p.m. and will end no later than 8:00 p.m. at which time another neighborhood informational meeting for a different project will begin. We invite you to attend this meeting i you have any questions or concerns that you would like to discuss. For your information, we have enclosed a brlet summary of the pertinent Information concealing this project. Cly staff, the consuking engineering firm of MSA, Inc., and the contracting firm of McNamara -Vivant, Inc., would like to thank you for your patience, understanding and cooperation during this project and hope that we have met your expectations. We look forward to meeting with you to address any questions or conceals you may have regarding this project. Sincerely. 111 -6147 - Thorns A Colbert, P.E Director of Public Works TAC/1 cc Mayor & City Council c/o Thomas L Hedges, Clry Administrator Mike Foertsch, Assistant City EnghTeer Greg Stonehouse, Consulting Project Manager Stan Lexvold. Engineering Conon Supervisor Enclosure Final Assessment Hearing Notice Summary MUNICIPAL CENTER 3650 PLOT KNOB ROAD EAGAN. MINNESOTA 56122.1597 PHONE: (612) 61114600 FAX (612) 6111-4612 TDD: (612)4544555 THE LONE OAK TREE THE SYMBOL Of STRENGTH AND GROWTH N OUR COMMUNITY Equal Opportunity/Affirmative Action Employer 6q MAINTENANCE FACILITY 3601 COACHMAN POP O EAGAN. MINNESOTA 56122 PHONE: (612) 6614500 PAX: (612) 661.4560 IDD: (612)4544555 • November, 1991 • November 16, 1993 • January 13, 1994 • February 15, 1994 • June 7, 1994 • July, 1994 • September, 1994 • October 20, 1994 • November 1, 1994 • December 1, 1994 • May 15, 1995 • $3,552/Iot • $2,500/lot • $2,100/iot • $1,828.40/Iot • $544,694.67 • $325,471.22 (59.7%) • $219,223.45 (40.3%) PROJECT 660 WILDERNESS RUN 1 -4Th ADDITIONS STREET RECONSTRUCTION Identifieed in City's 5 -Year Capital Improvement Program Council orders preparation of Feasibility Report Informational neighborhood meeting held Council holds public hearing and orders project to proceed at estimated cost of $3,552 per lot Council receives results of appraisals of 9 Tots (5% of 170 properties) and revises pending assessment to maximum of $2,500/lot. Council also receives competitive bids and awards contract to McNamara -Vivant, Inc. Construction begins Construction completed Informational neighborhood meeting to review project and final costs Final assessment public hearing Unpaid assessment balances certified to Dakota County 1st installment payment due with real estate property tax Original Feasibility Report estimate Maximum assessment based on certified appraisals Revised estimate based on competitive bids Final Assessable Cost Total project cost Assessed to property owners Finance by the City Financing of Special Assessments • 30 -day prepayment option with no interest, available from November 2 to December 1, 1994 • Any unpaid balance is certified to Dakota County to be collected with property taxes over 15 years • Interest rate is 6.5% calculated on remaining unpaid balance at the end of each year • Assuming no prepayment, annual cost: • 621.71/mo. 1st year • $10.82/mo. 15th year 70 MEMO city of eagan TO: FILE FROM: MIKE FOERTSCH, ASSISTANT CITY ENGINEER DATE OCTOBER 27, 1994 SUBJECT: CITY PROJECT 660 (WILDERNESS RUN 1-4 ADDITIONS) FINAL ASSESSMENT INFORMATIONAL MEETING At 6:30 p.m. on Thursday, October 20, 1994, City staff hosted an informational meeting for the residents of the Wilderness Run Additions. The purpose of this informational meeting was to provide the residents of the Wilderness Run Additions with information regarding the final assessments proposed and answer any questions which they may have pertaining to the improvements which were completed within their neighborhoods this past summer. Mike Foertsch represented City staff and Greg Stonehouse and Steve Bulle, of MSA, Inc., represented the City's consulting engineer on the project. One resident attended the informational meeting (Ly Tsu Kelsch, 4381 Svensk Lane). The property owner felt the City using special assessments to finance the roadway improvements was an unfair method of paying for the improvements. The resident was of the opinion that the general property tax levy should pay for any reconstruction improvements that are necessary on the streets. City staff explained that the City Council has adopted a policy for the reconstruction of streets to be financed in part by the levying of special assessments to the adjacent properties. The City Council has chosen not to raise general property taxes to finance reconstruction improvements. The resident was informed that appraisals were done on the property which more than supported an increase in market value equal to or greater than the amount proposed to be levied as an assessment. After the explanation was given to the resident, the resident still felt the levying of special assessments was an unfair way to pay for reconstruction improvements, at least in part, and requested how she could challenge the amount being proposed as an assessment. Staff explained the appeal process to the resident. The resident stated that she would address the City Council at the public hearing with her concems. The meeting adjoumed at approximately 6:45 p.m. 4e.f4 AssistantCity Engineer MPF/IJ 9/ RECEIVED 0 CT 19 1994 4474 Ches Mar Circle Eagan, Mn 55123-1827 October 17, 1994 Mr. Thomas Colbert Director of Public Works 3830 Pilot Knob Road Eagan, Mn 55122-1897 Re: Project 660, Wilderness Run 1 -4th Additions Final Assessment Hearing Dear Mr. Colbert: I am writing to you to voice my opinion on the assessment that is being levied against my property. I am unable to attend the neighboorhood meeting scheduled for October 20,1994 and I do want my opinion known. I live on the Ches Mar Circle cul-de-sac which does not get alot of traffic. When this project was planned the need to include this cul-de-sac was questioned. I was told that as long as the rest of the streets were being done mine would be too. I guess I can understand that logic. As the project progressed it became apparent that the old asphalt on Ches Mar Circle would not be torn out as on the rest of the streets in the area. When I called to question this I was told that Ches Mar Circle does not see much traffic and that complete replacement was not necessary. I was also told not to worry, my street would "look just like new". Instead only an inch or so of asphalt was removed around the edges near the curbs. That is about the thickness of the top -most layer of old asphalt. New asphalt was laid on top of the old. The problem is that in the process of removing just a portion of the old asphalt the top old layer was thinned so much that is was crumbling away. I seriously question the quality of the "new" surface on my street. If the sub -layers do not adhere to each other and to the new layer, the street will not last very long. I photographed the crumbling of the old asphalt so that in a couple of years when I am assessed for repairs I can question the quality of the original work! I also would question the assessment to my property. It appears that I am being assessed the same amount as the lots that received a complete new street. This does not seem fair to me. I got a covered over ten year old (at least) street for the price of a new street. If this seems fair to you, I have a nine year old car in my driveway that I will gladly put a new coat of paint on so that it will "look just like new" and sell it to you for the price of a new car. The work is done now and there is nothing we can do fix the poor quality of work. I don't mind paying for what I got, but I strongly object to paying for something I did not get. Certainly you can understand the logic in that. I did not get a new street. I got a covered -over old street that looks new now, but that will deteriorate much faster than the adjacent streets. Please assess me and the others on Ches Mar Circle accordingly. cc: Mayor City Council Members City Administrator city of aagan October 21, 1994 DAVID E SUTLIFF 4474 CHES MAR CIRCLE EAGAN MN 55123-1827 Re: Project 660, Wilderness Run 1- 4 Additions • Final Assessment Hearing Dear Mr. Sutliff: THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Connell Members THOMAS HEDGES City Administrator E. J. VAN OVERBEKE City Clerk I have received your letter of October 17, questioning the amount of the proposed assessment in relationship to the extent of work performed in the rehabilitation of Ches Mar Circle as compared to other streets within the scope Of this project. The purpose of this project was to perform whatever reconstruction/rehabilitation was necessary to provide an extended life to the streets within the scope of this project. There were locations where entire stretches of concrete curb and gutter were removed and replaced and other areas where the existing was deemed adequate to provide service for the extended life. Also, there were certain areas where not only did we have to remove the entire pavement but there were portions of the subgrade that had to be removed and replaced with good granular foundation material before the street could be rebuilt. There were other areas where the existing subgrade base and bituminous surface were deemed to be in a condition where_ only a milling of the existing surface with a structural overlay was necessary to provide the same life expectancy. The philosophy of the project was that regardless of the extent of an improvement in front of any property, the benefit came from the overall life expectancy of the streets within the general neighborhood. Recognizing that a majority of the costs would be assessed to the property owners, the City through its design and construction supervision tried to ensure that we did not unnecessarily reconstruct areas resulting in additional expense without any substantial increase in life expectancy. The City retained professional engineers and construction inspectors to ensure that the design and extent of construction operations removed and reconstructed only what was necessary and salvaged whatever was reasonable, thereby minimizing the cost of the total project and the subsequent assessment to each property owner. MUNICIPAL CENTER 3530 PLOT KNOB ROAD EAGAN. MINNESOTA 56122.1507 PHONE: (612) 651.4600 FAX: (612) 641.4612 1DD: (612) 454.5535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer rJ 3 MAINTENANCE FACILITY 3501 COACHMAN PONT EAGAN. MINNESOTA 55122 PHONE: (612) 681-4300 FAX: (612) 641-4360 TDD: (612) 454-8535 DAVID SUTLIFF OCTOBER 21, 1994 PAGE TWO The purpose and benefit of this rehabilitation capital improvement program is to provide an extended service and life cycle to your streets. The City will continue to perform whatever ongoing structural and preventative maintenance is necessary to preserve the integrity of your street through its life expectancy of approximately 25 ± years. In summary, it is the cost of the entire overall project that is spread equally on all properties within the neighborhood. It would not be feasible or practical to try and calculate the greatly varying costs associated with half of a street in front of each residence and assess that individually. With all property owners sharing the use of the streets within a neighborhood, the City felt that equally assessing all for the extent of all improvements was the most equitable. In addition, certified appraisals substantiated that the amount of the assessment to each property for the final project is less than or equal to the increase in its property value resulting from the overall improvement. I hope that this has adequately responded to your concerns and provided you with additional information. Please feel free to contact us if you continue to have further concerns. Sincerely, Thomas A. Colbert Director of Public Works TAC/jeh cc: Mike Foertsch, Assistant City Engineer oy Agenda Information Memo November 1, 1994 FINAL ASSESSMENT HEARING ENGLERT ROAD - STREETS & UTILITIES D. Final Assessment Hearing, Project 647 (Englert Road - Streets & Utilities) --On October 4, the City Council received a final assessment roll for the above -referenced roject and scheduled a public hearing to be held on November 1. Enclosed on page is a summary tabulation of the final assessment rates with a comparison to the estimate contained in the feasibility report presented at the original public hearing on February 15, 1994. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. As of this date, staff has not received any formal written objections to these proposed assessments. Through the terms and conditions of the development contract agreement for the Pondview Townhome Addition, assessments to the existing homesteaded residential property along Englert Road were capped at a specific amount with any excess assessments being assumed by the development and spread equally on a per lot basis. City staff has met with the developer of the Pondview Townhome Addition to review final costs. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and adopt the final assessment roll for Project 647 (Englert Road - Streets & Utilities) and authorize its certification to Dakota County. 7.s PROJECT NUMBER: SUBDIVISION/AREA: 1' 647 Englert Road FINAL ASSESSMENT HEARING ASSESSMENT NEARING DATE: PUBLIC MUM DATE: IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. a. Feasibility Report FINAL P.E. BNITART SEVER RATES RATES ❑ Trunk ® Laterals �_., © Service ❑ Lat. Benefit/ Trunk $ 4,422.09 * 1,19w / stub $20,845.47 $19,670 / L.S. -0- $ 1,229 / service November 1, 1994 February 15, 1994 FINAL P.R. sTOBM MER • EATES RATES ❑ Trunk ❑X Laterals $15.72/ff ❑ lat. Benefit/ Trunk IAIIR ❑ Trunk ❑R Laterals ❑X Service ❑ Lat . Benefit/ Trunk o VAC $17.05$ $955.85 23.30/ff $1,228 / service $$ O Gravel Base O Surfacing $54.40 $60.26/ff ❑ Res . Egtiiv. ❑ tiulti Equiv. ❑ C/I Equiv. ❑ Trail $EROICES ❑ Vater & San. Sever STREET LIGHTS ® Installation $2.52/ff 2.51 ff El Energy Charge CONTRACT # OP INTEREST AMOUNT CITT 1i0. JARCELS TERMS RATE�V�00 jI CED F.R. 94-04 34 15 Yrs . 6.5 g $215,363.24 -0- 00l4ONTS : * Included in the $60.26/ff rate for street surfacing ' '76 Agenda Information Memo November 1, 1994 City Council Meeting SALE OF CITY PROPERTY/RAY CONNELLY A. Sale of City Property, SW Quarter of Section 23, Ray Connelly—Ray Connelly and Del Inez are interested in purchasing surplus property owned by the City of Eagan, adjacent to the Solderholm parcel at the northeast quadrant of Lexington and Diffley. A staff report on this item is enclosed on pages through .21. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To declare approximately 1.1 acres of PID #10-02300-031-54 as surplus public property, 2) to initiate a subdivision of this parcel in order to facilitate the sale of the one acre portion, 3) to authorize the City 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. 2? MEMO — city of eagan TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PEGGY A. REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 26, 1994 SUBJECT: DISPOSITION OF SURPLUS PROPERTY AT LEXINGTON & DIFFLEY Ray Connelly and Del Inez are interested in purchasing land owned by the City of Eagan adjacent to the Soderholm parcel. They have offered $3.00 per square foot with all assessments paid. This property is a little over one acre in size (see attached map). It was originally purchased as a site for the City's water tower, but the water tower was subsequently constructed on the south side of Diffley. The attached letter from the City Attorney in 1988 describes the process for disposing of this property. There are no specific restrictions on the sale of this property and the City has the capability of transferring the property for a fair market value. In considering the sale of this property, the City Council will need to consider the following issues: 1. First, the City Council needs to conclude that the property is indeed surplus. City staff sees no need for the property. Combining this surplus property with the Soderholm parcel would be a logical, or efficient, approach to its development. This finding could be supported by the fact that the property will need to be subsequently subdivided and rezoned before development can take place for the intended commercial development. At that time, the consistency with the general and specific provisions of the City's Comprehensive Plan can be reviewed by the Advisory Planning Commission. '1g 2. The City Council must consider whether the proposed purchase price is a fair price. An appraisal on this specific property was conducted in 1989, and at that time, the appraisal for the property was set at $3.00 per square foot with all assessments paid. Given staffs experience in recent months with various condemnation hearings and settlements on commercial property, we feel that the $3.00 per square foot is a reasonable price. There are no outstanding assessments on the property at this time. In addition, we feel that the proposed developers of the Soderholm property are the only logical purchasers of this surplus property. 3. If the City Council concurs with the finding of surplus property and the sale price, they should then also direct staff to initiate a subdivision of the surplus portion of the property in order that the sale can proceed. It would propose to subdivide this property through a Waiver of Plat provision. This item would be scheduled for a public hearing in December. At that time, the Planning Commission could also fulfill its review requirements regarding consistency of the proposed sale with the Comprehensive Municipal Plan. Action To Be Considered 1. To declare 1.04 acres of P.I.D. #10-02300-031-54 as surplus public property. 2. To initiate a subdivision of this parcel in order to facilitate the sale of the 1.04 acre portion. 3. To authorize the City to enter into a purchase agreement with Ray Connelly for the surplus parcel at a price of $3.00 per square foot with all assessments paid. -141 Director o Community Development PARfs attach. �9 j191400' ;tate' 1ZayConrlay���Aver Bumsville, MitSALS 12REALTY• APPFi October 17, 1994 Ms Peggy Reichert Director Community AN Y OF EAG Road 1 are f 38 t Knob and 3830 Pilot g5122 Dei E"by the City Eagan, ed previously, d ownedWe will offer land have discussed purchasingihoim Parcel. is paid. AS we interested to the Soder all assess. Agreement Eagan adjacent square foot, with a formal Purchase Wec need to know �3•p0 Per to enter intoforward, We are prepared isprepared r lea;{dkbiS to °s fgiasibie' If theas possible soonwait to hear from You' I will Sincerely, INC. RAY CONNELLY REALTY, 55337, (5121890-2130, FAX1(612)890- 5 aZ 0 CD e Ism WO at aitt A it Nthe At pae 0 C `~ C .w C'C v 4 v v v C Ai N a O d v •Q x C 4 la 101•..t .0 est C �y40 o;N 'Cv4 b U «, VC w ..was �W e aa u d d'Oato •C ••I O SI k � Z Oyso. „ta��Nr w • 44 O 43 44 CT V O• ,w N~ O V N IS Q 4.1 v •CV1.uZ i/! � a0. .0 44,4 o w a *PO 00 O p ai k w!. Cb�.0 p d Y C a ..d !yIn pr C 0 W Vo 4.1 00 ,Os y w d tu d0 ri 42 w p a N 46., a a w PI A 1101 0. N V ♦r w a el O .r v ti tto ga y Y 4J� it ft asN Cw Val 00ONwas Era �O.W,.t a et Ito g 11 4../tri ae 4.1 . • EDWARD H. McMENUMY LARRY S. S}:vER.`UN• JAMES F. rHELI$�N J. PATRICK WILt'".►X• TER} NCE P.11t'RKIN MICHAEL i.IN'UGH ERTY REIII J. HANSEN MICHAEL F. M N.ENI►A•- •AlMrI.1.•►:\- '.IN It►ll'A ••AlMrl.lr I,N�L{•:\ %1st..Nsl\ •Al.� r 14. g.N`I r IN N►.NHA-1: December 19, 1988 Thomas Colbert City of Eagan Eagan City Hall 3830 Pilot Rnob Road P.O. Box 21199 Eagan, MN 55121 RE: Disposition of Our Pile No.: McMENOMY & SEVERSON A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAV 'REPLY TO: 7300 REST WEN STREET P.O. BOX 34329 APPLE VALLEY. MINNESOTA 66124 • TELEFAX NUMBER 432.3730 ' 45121 4324135 D REPLY TO: 14450 SOL?H ROBERT TRAIL ROSEMoVNT, MINNESOTA 66066 161214231166 iaedatAa„o Gad PAVI. J. STIER PATRICK W. STEWART KEVIN P. CARROLL KENNETH R. HALL SCOTT D. JOHNSTON+ JOSEPH P. EARLEY MARY L. GOLIKE MICHAEL C. MtCANN u} t'ul'NSEL: LEoNAH111•. BIERNAT JOHN E VL KELICH Surplus Property 10-0,2300- 03i -spy 206-6294 (00E) Dear Tom: You have asked us to provide you with directions as to what is required of the City to sell land owned by the City lying west of Lexington Avenue and north of Diffley Road. Under Minnesota Statutes 5412.211, the City of Eagan has the general authority toesl,tcconvey or otherwise dispose of its interest in real estate. e�el e City's ability to transfer property is limited by the circreviewumofstances under which the City initially acquired the property. Our the deed by which the City took title to the property in question evidences no restrictions or notations limiting as to the intended purpose of the property. Therefore, the City has the capability of transferring the property for a fair price, as set out below. Prior to the authorization by the City Council to sell property owned by the City, the Advisory Planning Commission must review the proposed sale and report in writing to the City Council its findings as to the compliance of the proposed. sale with the Comprehensive Municipal Plan. The Advisory Planning Commission has 45 days by statute or such other period as may be designated by the City Council to report on the proposed sale; failure by the Advisory Planning Commission to so report shall be deemed to have satisfied the statutes requirement of assuring that there is no conflict with the Comprehensive Plan. The City Council may, by 4/5ths vote, dispense with the report by the Advisory Planning Commission upon a specific finding that the proposed sale of the property has no relationship to the Comprehensive Municipal Plan. Minnesota Statutes 5462.356. McMENOMY & SEVERSON A PROFESSIONAL ASSOCIATION ATTORNEYS AT UW Thomas Colbert December 19, 1988 Page Two The inherent purpose behind the report by the Advisory Planning Commission is to assure consistency with the Comprehensive Plan and to make a finding that the land is "surplus", i.e., that the real estate is no longer needed for the purpose for which it was acquired. As to the sale at a fair price, I have been in contact with Dick Seinen of Dakota Central Realty for the purposes of appraising the property for the purpose of sale. Dick and I will be reviewing the site during the week of the 19th and will have a report to you as soon as possible. As I noted to you earlier, it is not required that the sale be bid publicly, but solely that the City Council in accepting an offer for purchase first determine that the offer represents a fair price. If you have any questions regarding the above, please feel free to be in contact with me. Cordially, McMENOM ichael G. SON, P.A. MGD/djk cc: James F. Shel don E3 Agenda Information Memo November 1, 1994 City Council Meeting PRELIMINARY SUBDIVISION/VANTAGE POINT B. Preliminary Subdivision, Vantage Point - Remo Capons, NE Quarter Section 27—Remo Caponi is requesting approval of a preliminary subdivision (Vantage Point) consisting of 11 single family lots, located west of Lexington Way along the south side of Diffley Road. The Advisory Planning Commission conducted a public hearing on this matter at its meeting of October 25, 1994. The applicant did submit an alternative sketch plan indicating a subdivision with access directly from Diffley Road could be developed. However, the applicant did not propose this alternative and did request consideration of the original llth lot subdivision with access through the City park property to the west. The Advisory Planning Commission debated the access issue at some length. Some members of the commission felt that access directly to Diffley was preferred. Others felt that access through the park would be acceptable. Others felt that they were still uncomfortable with the entire concept of developing this property as single family, but given the rezoning approval previously by the City Council, they felt that the subdivision as proposed by the applicant would be acceptable. The minutes of the Planning Commission are enclosed on pages 5YS through R' . Also enclosed on pages through f49 is the staff report. The Planning Com sion recommended approval of the proposed 11 lot subdivision with access through the adjacent park land on the 5 to 2 vote. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary sub- division for Vantage Point, consisting of 11 single family lots, located west of Lexington Way along the south side of Diffley Road, subject to the nine conditions set forth in the minutes of the Planning Commission. EY Municipal Center. Present wore Voracek, Miller, Wallace, MerKley, Heyl, Segal and Alternate Seidel. Also present were Community DevelopMent Director Peggy A. Reichert, City Planner Jim Sturm, Project Planner Mike Ridley, Project Planner Shannon Tyree, and City Attorney Mike Dougherty. ROMA 2tem P, New Business was withdrawn upon the applicant's request. Heyl moved, Seidel seconded, the motion to approve the agenda as amended. A11 present voted in favor. MINOT= Chairman Voracek deferred any action on the approval of the September 27, 1994, Advisory Planning Commission minutes to the November Advisory Planning Commission meeting due to the Advisory Planning Commission not receiving a copy of the minutes until shortly before the present meeting. VANTAGE POINT - ANNO CAPONI PRBLIKINARY BUBDIVIBXON Chairman Voracek opened the first public bearing of the evening regarding a Preliminary Subdivision consisting of 5.92 acres and 11 single family lots located along the south side of Diffley Road, west of Lexington Avenue in the NES of Section 27. Project Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staff's planning' report dated October 17, 1994, noting the background and history of the proposed use and site of the proposed use, the existing conditions of the subject property, the surrounding uses and compatibility therewith, the site plan, the storm drainage, water quality and utility issues and the proposed street access. Mr. Ridley noted that the principle issue with respect to this application is the access to the site: applicant proposes access through the City park property, while the County is obligated to provide access from Diffley Road. 612 432 3780 10-28-94 08:29AM P001 M06 SEW BY: 10-28-84 ; 8:26AM ;SEVERSON WILCOX StfL-' 612 681 4612;# 2/18 PAGE 2/ADVISORY PLANNING COMMISSION MINUTES October 25, 1994 Member Segal inquired with City staff as to the required time frame for the required connection to City sewer and water by the existing home on the site as provided in Condition No. 2. Mr. Ridley advised that a developer is typically required to connect to City sewer and rater within 60 days of its availability to the site. The applicant's attorney, Todd Rapp, stated that it is the applicant's position that the preliminary plat should be recommended for approval because it met all the City standards and regulations. In response to Member Segal's inquiry, Mr. Rapp stated that the applicant has no problems with the conditions of the preliminary plat approval as set forth in the staff report and a 60 -day time frame for Condition No. 2 would be acceptable. Member Heyl stated that because this application has been before the Commission previously, she will only clarify her position with respect to the plat as proposed. Heyl stated that the proposed 11 lots are not compatible with the adjacent, highly used park. Heyl noted that while the applicant's revised plan of nine lots, which is not before the Commission for review, meets her concerns with respect to the site's acoess. Heyl reasoned that a nine -lot plat allows the developer to provide access via Diffley Road and not through the park. Further Heyl stated that the access to the site through a public park is not compatible. Heyl reasoned that it is highly foreseeable that park users will use the subdivision's cul-de-sac as a turnaround, causing foreseeable complaints by the future owners. Member Markley site's access via to Diffley Road's he originally did rezoning, but now the application. disagreed with Member Heyl, stating that the Diffley Road creates a greater safety problem due heavy traffic volume. Markley further stated that not support the application due to the required that zoning has been determined, he would support Member Wallace stated that his basic concern during the Commission's review of this application at its August 23, 1994, meeting, vas the site's access through the park. He further stated' that as a result of the Commission's concerns with respect to the access, the Commission sent the issue back to the Advisory Parks, Recreation and Natural Resource Commission for further review. Wallace noted that following the Park Commission's review, it recommended denial of the proposed plat due to the access issue and accordingly, Wallace will not support the application. Member Segal stated that he would support the application because it meets the regulations and standards of the City Code. Member Segal further stated that he would support the application and that the access issue is a matter of picking a less evil: access through a City park or access on to a County Road with a heavy traffic volume. It -95% cyC 612 432 3780 10-28-94 08:29AM P002 #06 SENT BY: 10-28-84 ; 8:27AM ;SEVFRSON WILCOX f -' 612 681 4612;# 3/18 PAGE 3/ADVISORY PLANNING COMMISSION MINUTES October 25, 1994 Regal moved, Markley seconded a motion to recommend approval of the Preliminary Subdivision consisting of 5.92 acres and 11 single family lots located along the south side of Difflsy Road, west of Lexington Avenue in the NEA of Section 27, subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council action on February 2, 1993: Al, Si, C1, C2, C3, Di, El, 111, and G1. 2. The existing home Shall connect to City sewer and water; and the existing well and septic shall be abandoned pursuant to Dakota County standards within 60 days of the availability of City sewer and water to the site. 3. 111 barns, sheds and out buildings shall be removed with the initial phase of construction. 4. The APRNRC shall review the public street access for consistency with the park development plans. 5. This development shall .be subject to a cash parks, trails and water quality dedication. 6. The public street project to serve this development shall be ordered prior to final plat approval, if it is to be installed as a public project. 7. The proposed street grades and house pad elevations shall be raised approximately two feet to obtain the proper cover and depth for sanitary sewer service. 8. After the now public street is provided through the park mita to serve this development, the Developer shall remove • the existing gravel driveway and terminate the existing easement. 9. The right-of-way for the public street through the site shall be revised from 601 width to a 501 width. All approved in favor, except Members gsyl and Wallace who opposed. R"'94% 612 432 3780 10-28-94 08:29AM P003 #06 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 17, 1994 CASE #: 27 -PP -13-4-94 APPLICANT: Remo Caponi HEARING DATE: October 25, 1994 PROPERTY OWNER: Same PREPARED BY: Mike Ridley REQUEST: Preliminary Subdivision (Vantage Point) LOCATION: NE 1/4 Section 27 (PID #10-02700-012-01) COMPREHENSIVE PLAN: D -I, Single Family (0-3 Units/Acre) ZONING: A, Agricultural ,SUMMARY OF REOUEST The applicant is requesting approval of a Preliminary Subdivision (Vantage Point) consisting of 11 single family lots. The property is located approximately 650' west of Lexington Way along the south side of Diffley Road. AUTHORITY FOR REVIEW Qty Code Chapter 13, Section 13.20, Subd. 6. states: In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Councl. 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 - Vantage Point October 25, 1994 Page 2 F. That the design of the subdivision or the type of improvements is not lively 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. L 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 prelimi'w y 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 The Vantage Point rezoning and preliminary subdivision requests were continued by the Advisory Planning Commission (APC) on May 24, 1994, and sent back to the Advisory Parks, Recreation, and Natural Resource Commission for further review and comment. The APC recommended denial of the rezoning request and took no action on the Preliminary Subdivision request at their August 23, 1994 meeting. On September 20,1994, the City Council approved the rezoning request with direction to send the preliminary subdivision back to the APC for review. Additionally, the Council indicated that the developer should prepare an alternate access plan to be reviewed by staff in conjunction with the proposed layout to determine which access is most appropriate. 89 Planning Report - Vantage Point October 25, 1994 Page 3 According to the Dakota County Assistant Engineer, while access to the site through City property is preferred, the County is obligated to provide direct access from Diffley Road. The applicant has provided a Sketch Plan (attached) utilizing a Diffiey Road access and the applicant's attorney has provided a narrative of the plan (also attached). EXISTING CONDITIONS The applicant's existing home is located in the southeast corner of the site. Much of the Caponi site contains steep topography and contains approximately 100 significant trees, as defined in the City's Tree Preservation Policy. In addition to the existing home, the site contains several barns/sheds. Mr. Caponi's home is currently served by a well and septic system. ,SURROUNDING USES This property is surrounded on all sides by undeveloped property that is zoned PK, (Parks), and designated P, (Parks). Future development of the park land includes the Caponi "Art Park" and the City owned Lexington/Diffley athletic field site. This site is to include six softball and four soccer fields. All six softball fields are expected to be lighted at some point in the future. The Lexington/Diffley park site located to the south and east of the subject site was once part of the Lexington South Planned Development and designated for a multiple residential land use. The City acquired the property from H.U.D. in 1989 when the developer defaulted on the loan. EVALUATION OF REOUEST A. Preliminary Subdivision Review SUMMARY The applicant is proposing the original 11 lot subdivision with access through City property and has provided the sketch plan merely for informational purposes. Density - The proposed eleven residential lots on 5.9 acres results in a site density of 1.8 units/acre which is consistent with the proposed zoning and the existing Comprehensive Plan designation. 9.0 Planning Report - Vantage Point October 25, 1994 Page 4 Lati • All of the lots exceed R-1 zoning district size and width requirements. The lots vary in size from 12,100 to 33,625 s.f., with an average lot size is 20,480 s.f. Setbacks - The lots are all of sufficient size to accommodate R-1 setback requirements. Tree Preservation Policy - The Tree Preservation Plan submitted is acceptable. The site contains 104 significant trees which are concentrated on the north half of the property. Initial site development work will result in the loss of six of these trees. Parks and Recreation - At their May 16,1994 meeting, the Advisory Parks, Recreation and Natural Resource Commission (APRNRC) recommended cash parks, trails, and water quality dedication. Grading/Wetlands - With some minor modifications, the grading plan is acceptable. The preliminary grading plan, submitted with this application, shows that at least 45% of the site will be disturbed by grading. Lots 1 through 5 are indicated as custom graded lots and the degree of grading in this area is not shown. The proposed street grade and house pad elevations may have to be raised approximately 2 feet to obtain the proper depth for sanitary sewer service. The grading plan should be revised to reflect these modifications. The developer will be required to locate and abandon all septic systems and wells according to County and City requirements. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. There are no wetlands on this site subject to regulation under the Wetlands Conservation Act. Storm Drainage/Water Ouality - This development will discharge stormwater to a storm sewer line in Diffley Road which in turn discharges to Pond JP -8.1 located in Patrick Eagan Park. Pond JP -8.1 was constructed at the City's expense to catch and treat runoff from Diffley Road and adjacent properties between the Rooney property and the intersection of Lexington Avenue and Diffley Road. Pond JP -8.1 discharges to Pond JP -8 (McCarthy Lake) which is also located in the Park and is classified as a scenic recreation water body. Because Pond JP -8.1 is adequately sized to protect the water quality of Pond JP -8 and to avoid impacting the considerable woodland resources on the Vantage Point site, a water quality cash dedication in lieu of on-site ponding would be appropriate. The storm sewer extension from Diffiey Road will need to be sized to accommodate runoff from the development and a portion of the future street extension in the park property. 9/ Planning Report - Vantage Point October 25, 1994 Pages Sanitary Sewer - An 8" sanitary sewer will be constructed through the Lexington/Diffiey athletic site from Lexington Avenue under City Contract No. 93-16. The 8" line will be extended to within 300 feet of the southeast corner of the site. This development will need to extend an 8" sanitary sewer through the park and along the east edge of Lot 11 to serve this development. This results in the sanitary sewer to be at elevation 975, which will be approximately 2.4 feet higher at the easterly manhole than shown. Adjustment of the proposed grades will be required to maintain a proper depth for sanitary sewer service to the proposed lots. The sanitary sewer should be redesigned to show these modifications. Waterman' - The watermain layout is acceptable. The 6" watermain can be extended from either the existing 12" watermain on Diffley Road or from the 6" watermain inside the park property as shown on the preliminary utility plan. This development will be responsible for extending 6" watermain 300 feet to the east of the east edge of the site to connect to the 6" watermain in the Lexington/Diffley Athletic Site or to extend a 6" watermain to the north along a lot line to connect to the existing 12" watermain in Diffley Road. Access/Street Design - The preliminary street design is acceptable with some minor modifications. The site has 575' of frontage on Diffley Road but due to the severe grades, the applicant is proposing access across City property to the east. Street access to serve this development will be available from Diffley Road at the Lexington Way intersection. In addition, the grades are too steep for this development to provide future access to the undeveloped property to the west. That property will have to take direct access from Diffley Road. The public street that will be required to serve this site should be constructed to a width of 28 feet. The applicant's initial submittal presented this public street virtually following the alignment of the existing private drive along the north side of the existing water tower. This alignment would require the construction of a 18' tall retaining wall only 15' south of the surface of Diffley Road. Because the City does not wish to assume long term liability/maintenance of this retaining wall or have a connection this close to the Lexington Way/Diffley Road intersection. Also, the City will be building a public street in from Diffley Road at Lexington Way for park purposes. A more appropriate and cost effective alignment would be a street connection south of the water storage tower. The final street design will be completed by the City upon Petition for public street improvement by the applicant. This design will be reviewed by the Advisory Parks, Recreation, and Natural Resource Commission (APRNRC) to be consistent with park development plans. 9� Planning Report - Vantage Point October 25, 1994 Page 6 The existing driveway that extends from Lexington Way, north of the water storage tank, to the existing house should then be removed and the easement terminated. Easements/Right-of-Way/Permits - This development will be responsible for providing a utility easement along the east property line of Lot 11 for sanitary sewer. If watermain is to be extended from Diffley Road, a 20' wide utility easement will be necessary along a lot line. The preliminary plat shows a 60' right-of-way to be dedicated for the street that will be constructed through this site. The City Code allows a 50' width for a local access street with a cul-de-sac. This narrower right-of-way width may allow additional trees to be saved. This development will be responsible for ensuring that all regulatory agency permits (MPCA, Mn. Department of Health, MWCC, Dakota County Highway Department, etc.) are obtained prior to final plat approval. No work shall commence in Dakota County's right-of-way (Diffley Road, CSAH 30) until a permit is obtained from the Dakota County Highway Department and no permit will be issued until the plat has been filed. Compatibility with Surrounding Area - Typically, neighborhood parks and single family land uses are compatible; however, the Lexington/Diffley athletic fields will be a much more intense use of park Land. Because of existing physical characteristics, the developer is proposing access to this subdivision through the park property. The fact that this parcel of land is completely surrounded by land to be developed (to varying degrees) for park purposes, combined with the access issue, creates an atypical situation within the city. Based on experience with Rahn and Northview athletic fields, the City can expect a certain amount of discord between a single family subdivision and the athletic fields due to the inherent externalities associated with active ballfields. $10ETCH PLAN In response to the City Council's request, the applicant has provided a Sketch Plan utilizing access from Diffiey Road. The applicant is not proposing this design but has provided it for informational purposes. This Plan illustrates a 9 lot subdivision (1.52 unit/acre density) with access from Diffley Road. Applicant Analyst& - The applicant believes that any subdivision utilizing direct access to Diffley Road will not be beneficial to either them or the City. The applicant's attorney has provided a narrative of the Sketch Plan. 93 Planning Report - Vantage Point October 25, 1994 Page 7 The following summarizes the key issues raised by the applicant's attorney: In addition to economic considerations resulting from the Loss of two lots and the creation of excess fill, the narrative lists the following concerns: the designed maximum 8% slope and maximum 20 mph curve radiuses will likely contribute to hazardous ice and snow accumulations, the cul-de-sac exceeds the 500' maximum allowed by the City (by approximately 160'), the loss of more significant trees (although less than allowed by the Tree Preservation Guidelines), an odd shaped lot, pad elevations that will require at least two homes to be served by driveways with a maximum slope of 10%, and the alternative design results in another intersection on Diffley Road. Staff Analysis - The Sketch Plan appears very similar to the Rooney Addition (1.66 unit/acre density), approved July 1994, which is located just west of the subject site on the north side of Diffley Road. The economic impact of the proposed subdivision as compared to the Sketch Plan design is uncertain; however, the focus of this analysis is to determine whether or not the alternate access design is appropriate and acceptable from a functional standpoint. • Maximum street grades of 8% and 20 mph curve radiuses are allowed by City Code. • The City Council has approved cul-de-sac lengths in excess of 500' in a number of situations and specifically approved a 700' long cul-de-sac for Rooney Addition. • More significant trees will be lost; however, the amount is within that allowed as part of initial site development. • Maximum driveway grades of 10% are allowed by City Code. • The direct access will result in an uncontrolled intersection with Diffley Road similar to the Rooney Addition • City services can serve this design. SUMMARY/CONCLUSION The applicant is requesting approval of the original 11 lot subdivision with access through City property The principal issue with this proposal is the design of the subdivision and the proposed access through the park. The Tree Preservation Plan and the Watermain Plan submitted 9 V Planning Report - Vantage Point October 25, 1994 Page 8 are acceptable and with minor modifications, the Grading/Wetlands; Sanitary Sewer, and Access/Street Design plans submitted are acceptable. Sketch Plan • Alternate Access The applicant believes that although Dakota County will allow direct access from Diffley Road, this alternate access will impose an economic burden, street and driveway grades that may result in hazardous driving conditions, and additional tree loss; therefore, the applicant opposes a subdivision configuration with direct access to Diffley Road. Staffs review of the Sketch Plan has determined that the Plan can physically perform to City standards and eliminate access through the park. Providing access to this subdivision by an access from Diffley Road would be very similar to the design of the Rooney Addition which was approved earlier this year. Access from Diffley Road will result in the loss of two lots, additional grading, additional fill, street/driveway grades and turning radiuses at City Code maximums, an approximately 660' long cul-de-sac which exceeds the 500' City Code maximum, an additional uncontrolled intersection with Diffley Road, and further impact to the natural amenities on site; however, the extra tree loss anticipated would result in a total loss of approximately 26 trees which is still less than the 25% allowed with initial site development. The resulting driveway and street grades would be within City Code requirements and City services could still be provided to the site. Eliminating access through the park property will prevent conflicts between residents of the subdivision and park users, the City will have the ability to secure access to the park, and the City will not have to maintain open access through the park during the winter months. The applicant is not proposing this alternative access subdivision design but has submitted the Sketch Plan for informational purposes only. ACTION TO BE CONSIDERED To recommend approval/denial of the Vantage Point preliminary subdivision consisting of 11 single family lots subject to the conditions listed below. 9s Planning Report - Vantage Point October 25, 1994 Page 9 CONDITIONS OF PRELIMINARY SUBDIVISION APPROVAL 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, Bl, Cl, C2,C3,D1,El, F1and 01. 2. The existing home shall connect to City sewer and water, and the existing well and shall abandoned per Dakota County standards. 3. All barns, sheds and out buildings shall be removed with the initial phase of construction. 4. The APRNRC shall review the public street access for consistency with the park development plans. S. This development shall be subject to a cash parks, trails, and water quality dedication. 6. The public street project to serve this development shall be ordered prior to Final Plat approval, if it is to be installed as a public project. 7. The proposed street grades and house pad elevations shall be raised approximately 2 feet to obtain the proper cover and depth for sanitary sewer service. 8. After the new public street is provided through the park site to serve this development, the Developer shall remove the existing gravel driveway and terminate the existing easement. 9. The right-of-way for the public street through this site shall be revised from a 60' width to a 50' width. 96 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. 6. Easements and Riahts-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 p apiXa 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. 9� 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. Permlts - 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 end 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. Mbar 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25.1987 LTS#3 STANDARD.00N ptember 15. 1987 Revised: July 10.1990 Revised: F=ry 2. 1993 9� FINANCL4L OBLIGATION • Vantage point There are pay-off balances of special assessments totaling SO on the parcel proposed for platdti. The pay-off balance will be gloated to the lots seated by the plat At the time this report was prepared, there was a pending assessment of 523,280 related to Project 607. The pending assessment will be allocated to the lots created by the plat. The estimated finandal 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 put 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 submined plans. Improvement Use Rate Quantity Amount Storm Sewer Trak S.F. .074 sq ft 225,275 sq ft 516,670 Lateral Benefit S.F. 2335/ff 575-ff d Storm Sewer TOTAL /oo LOCATION igire,,,,I. n uiquitunuiitiliiiiiiiilliti ii �� I I i 1REtttttE�lttiiiiiitttEtitTttittiiitiiitiit��6-1 i witittititttt ullimiiiiitKtumusRfiiit ni il" i ttLIii�iii�l�iit ��tiif i�iimin ��i n i 1 11 1 1 1 • • S. TODD RAPP. P.A. • L TODD ! APP AOMfRso to ~omen M NNNssetA ANO wi•OONso. 0/fn.*o AS OM 011pf+Of.tT 1AW AND OW1L Tome. Of SWAsST sx MNNsss'TA StAt/ W As000MTSON TEL:612-854-5602 Sep 30'94 14:43 No.004 P.02 Mr. Nike Ridley City of Eagan 3830 Pilot Snob Road Eagan, MN 55122 naw ores OP S. TODD RAPP • PNors$s$OAAL Assoommera 1051 INTEMIATI0MAL PLAZA 7500 IN?51N&TIONAL DMZ SLOOMINOTON, MINNESOTA SSW; tiLe'MONL pixy 884•5Ms PADsIMR5 0N4s10 September 30, 1994 Re: Vantage Point City Pile No. 27 -PP -13-4414 Dear hike: TIMOTHY A. NETZEU.. OP Cowen AMMO TO wMerga N Ms.Ns5O?A ANO ASISONA VIA 'ACSX$ZZ= 681-4612 trader separate cover, Wayne Tauer is forwarding to your attention a sketch plan of the Remo and Karen Capons property incorporating a direct Diffley Road access. I have conferred at length with Wayne Tauer concerning this sketch plan subsequent to our meeting on Wednesday. The factors of significance to Wayne which indicate that this possible alternative design lacks nerit include the following: 1. First, the alternative street access, necessitated by the steep grades noted in your May staff report bas the effect of eliminating two lots from the subdivision. Although there may be minor compensation associated with an enhanced marketability of the remaining lots, re estimate the net economic loss to the applicant as ranging in excess of $100,000. 2. The alternative plan results in approximately 20,000 yards of excess fill which would have to be transported off site at a substantial additional cost. 3. From the standpoint of safety, Wayne points out that the design incorporates maximum 8 -percent slopes on the north side of this property. It can be anticipated that this will contribute to ice and snow accumulations posing hazards to the residents of such a subdivision. Furthermore, the topography has required incorporation of curve radiuses consistent with a 20 -mils -per -hour speed limitation. /06 S. TODD RAPP. P.A. TEL:612-854-5602 IAw spar e. 8. TODD RAPP Sep 30'94 14:43 No.004 P.03 )Ir. Hike Ridley September 30, 1994 Page Two 4. The site topography results in a cul-de-sac length which Mould require a variance, which presumably would be undesirable both to the City of Eagan and to the property owner. 5. The concept design indicates that numerous additional substantial trees" would be lost to the site, a result which would be undesirable given Eagan's tree preservationolicy (although not resulting in any violation of the policy maximum). 6. The easterly lot would necessarily take on en exceedingly exaggerated shape to avoid the alternate creation of an undevelopable and unsalable outlet. 7. The concept design would also compel house elevations at the southeasterly corner of the property which would require 10 -percent slopes on at least two driveways. S. Of course, the alternative design results in yet another intersection on Diffley Road, with the incremental increase in traffic hazards along this busy street. Ny initial reaction, upon seeing the concept sketch, vas to speculate that it was skewed by its draftsmen to look bad. However, the topography of the site and the location of the Diffley Road median compel this exaggerated design. It has not been made to appear bad; it inherently jibed. Pioneer Engineering preliminarily considered yet another design anticipating a total of three private drive accesses, two off Diffley Road, to achieve a desired development density. It was quickly determined, however, that even reducing such a concept to paper was not worthwhile given the physical constraints of the Caponi property. Consequently, the applicant believes that any subdivision of this property utilizing direct Diffley Road access will not be beneficial either to them or to the City. The applicant also notes that the originally proposed access bas always enjoyed staff support, et least in terms of its full compliance with ordinance requirements, and nothing has been identified which changes this fact. The Caponi property has historically gained access from Lexington Way and this is appropriate. After a careful review of the Diffley Road access as is warranted under the circumstances, it would be further evidence of Sagan's recalcitrance -- the first being its unapproved and unlawfuloni the Cit nssistedpon any further of this option. As a consequence, the applicant intends to proceed with his proposed preliminary plat as originally submitted and hopes to enjoy the City's cooperation. • /67 612 664 3602 oo-3e-Q. 02:a210M P003 103 S. TODD RAPP. P.A. TEL:612-854-5602 iNNOMPOMMOOP 8. TODD RAPP )Ir. Nike Ridley September 30, 1994 Page Three Sep 30'94 14:44 No.004 P,04 Thank you attention this matter.�Don't hesitate to contact am if you haveany additionalquestions or concerns. STR/Jka cc: Remo and Karen Capons !19 •C4 Kane d•/�-•.... t'..•.....••• ....f .l * .IA \1. ii1 `• :I. t. D A WI I'�I/ _ .t• A}* 3 doo A •-• ansinner • • rr MX rrians amgr �v • r MOM •dr....0 • 7 • MItl tJlrouRt IE�ONIG Ow C fR ROONEY ADDITION APPROVED JULY 1994 • Agenda Information Memo November 1, 1994 City Council Meeting CONDITIONAL USE PERMIT/GENE STINER C. Conditional Use Permit, Gener Stiner, SE Quarter of Section 8—Stiner Corporation is requesting approval of a conditional use permit and site plan to allow outdoor storage of vehicles and equipment on Lots 4 and 5, Block 2, Sibley Terminal Industrial Park, located west of Sibley Memorial Highway and east of Terminal Drive. The Advisory Planning Commission conducted a public hearing on this matter at its meeting of October 25, 1994. The staff report on this item is enclosed on pages /1/ through/_y The minutes of the Planning Commission are enclosed on pages/through 17 The commission had no major issues with this conditional use permit and, therefore, recommended unanimously approval of the conditional use permit, subject to the six conditions set forth in their minutes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for Stiner Corporation to allow outdoor storage of vehicles and equipment on Lots 4 and 5, Block 2, Sibley Terminal Industrial Park, located west of Sibley Memorial Highway and east of Terminal Drive. I/o PLANNING REPORT CITY OF EAGAN REPORT DATE: October 10,1994 CASE #: 8-CU•16-8-94 APPLICANT: Stinar Corporation HEARING DATE: October 25, 1994 PROPERTY OWNER Gene & Gary Stinar PREPARED BY: Mike Ridley REQUEST: Conditional Use Permit (outdoor storage), Site Plan LOCATION: 3255 Sibley Memorial Highway (SE 1/4 Section 8) COMPREHENSIVE PLAN: Industrial (IND) ZONING: Light Industrial (LI) ,SUMMARY OF REQUEST Stinar Corporation, manufacturers of airline ground support equipment, is requesting approval of a Conditional Use Permit (CUP) to allow outdoor storage of vehicles and equipment and a Site Plan on Lots 4 and 5, Block 2, Sibley Terminal Industrial Park, located west of Sibley Memorial Highway and east of Terminal Drive. AUTHORITY FOR REVIEW City Code Section 11.40, Subd. 4, states that The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vidnity 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. /1/ Planning Report - Outdoor Storage CUP October 25, 1994 Page 2 E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. OUTDOOR STORAGE CRITERIA On November 19, 1991, the City Council adopted the following Standards for Outdoor Storage: a. Outdoor storage items shall be placed within an enclosure. b. All such enclosures shall be attached to the principal building except in the Limited Industrial District. c. The enclosure shall be made of material suitable to the building and the items to be stored. d. The enclosure shall not encroach into any established front building setback area or other required setbacks. e. The enclosure shall not interfere with any pedestrian or vehicular movement. £ The items to be stored shall not exceed the height of the enclosure. g. The display arca shall not take up required parking spaces or landscaping areas. h. The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. i. The square footage of outdoor display areas shall be included in the calculation of required off-street parking for the principal use of the property. Planning Report - Outdoor Storage CUP October 25, 1994 Page 3 BACKGROUND/HISTORY Stinar Corporation has operated at this site for almost 30 years. Sibley Terminal Industrial Park was subdivided in 1964. Stinar Corp. initially developed a 12,000 s.f. manufacturing building on Lot 4, in 1965. Subsequent additions have included a 14,000 s.£ office warehouse in 1969, 12,400 s. cold storage in 1979, 1,960 s.f. paint spray booth in 1984, and a 1,200 s.i addition in 1989. All of these building additions have occurred on the eastern half of Lot 4. The western half of Lot 4 and all of Lot 5 have been used for parking and storage; however, no CUP was ever obtained for outdoor storage on either of these two lots. The need to secure a CUP has been triggered at this time because Mr. Stinar is proposing to regrade his property and reconfigure/reconstruct his parking and storage areas. EXISTING CONDITIONS In addition to vehicles to be outfitted, remnant materials (pallets and scrap lumber & steel) are scattered around the site. The eastern 1/3 of the site, which is relatively flat, supports all of the manufacturing and storage for the business operation. The western 2/3 drops off approximately 20' from the grade elevation of the building to Terminal Drive and contains much of the remnant materials. Lot 3 is used primarily for parking and storage associated with the business on Lot 4. Because both lots support the business, the applicant should combine the parcels so that neither of the lots could be sold separately. SURROUNDING USES The following uses, zoning and comprehensive plan designations surround the subject property North • Production Parts, Inc.; zoned and guided Industrial. South - Undeveloped; zoned and guided Industrial. East - Hwy 13/Undeveloped; zoned Ag & R-3; guided D -I, SF 0-3 u/ac & D -II mixed residential 0-6 u/ac. West - Terminal Drive/Multi-tenant building; zoned and guided Industrial. EVALUATION OF REQUEST Site Plan Mr. Stinar is proposing a 14,000 s.£ expansion to the existing 41,000 s.fi building in 1995 and another potential 14,000 s.£ building expansion within 5 years. In addition to the expansion, / (3 Planning Report - Outdoor Storage CUP October 25, 1994 Page 4 site modifications proposed include increasing the size of employee parking, loading, and staging areas. The applicant plans to stage these improvements over a 5 year period. Mr. Stinar is proposing a crushed concrete surface for these areas until all building expansion is complete and then the crushed concrete would be overlaid with bituminous; however, the applicant is not proposing concrete or bituminous curb & gutter. To prevent erosion of the steep hillside, Mr . Stinar is proposing an 18" high earth berm around the perimeter of the upper parking and storage area that will catch and direct runoff to Terminal Drive via the driveway. The City Council has generally stated that development standards should be uniform throughout the City; however, Council has also indicated a willingness to modify standards in some instances involving redevelopment, and allow for phased improvements to achieve compliance. The issue here is whether or not curb (concrete or bituminous) should ultimately be installed around the perimeter of the parking, storage, and drive aisle areas. Tree Preservation Policy - There are no significant trees impacted by this proposal. Wetly - There are no jurisdictional wetlands on this site. Parking Lot Design/Storm Drainage - Ideally, all parking and storage areas would be surfaced with bituminous and a storm sewer system with catch basins would be constructed in conjunction with the initial phase of site grading and pond excavation; however, the applicant prefers a staged approach in order to spread this expense over several years. Improvements for the 8 acre site are proposed to be phased in as follows: 1994 - Conditional Use Permit for outdoor storage, lot combination, landscaping, complete grading and pond excavation, restore disturbed areas with ground cover plantings, and add crushed concrete base to lower loading area. (Area 1) 1995 - Building expansion and connection to City water service for tap water, sprinkling of buildings, and exterior fire hydrants. (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. (Area 4) This storm sewer system will include five catch basins to collect site runoff, a length of storm sewer pipe to convey the runoff to the on-site pond, and an outlet from the Planning Report - Outdoor Storage CUP October 25, 1994 Page 5 pond to the existing storm sewer system in Terminal Drive. 1998 - Bituminous surfacing for employee parking area (southeast of building, min. 80 spaces). Also at this time the owner can better determine if there is a need for future building expansion and how that relates to surfacing the employee parking. (Area 5) 1999 - Bituminous surfacing for lower loading area. (Area 6) Until the storm sewer system is constructed, the applicant is proposing an 18" earth berm to be constructed around the western edge of the upper parking and staging area and along the drive aisle to Terminal Road. This berm will direct site runoff to the northwest corner of the property to Terminal Drive where it will again drain overland approximately 400' to the south via the concrete gutter to an existing catch basin. From that point it is piped to a sediment basin, Pond CP -8. Once in place, the on-site storm sewer system will convey runoff to the pond before discharging to the storm sewer system located in Terminal Drive. In addition to the storage and parking areas expanding, runoff will also increase as these areas are overlaid with bituminous; therefore, curbing should be installed. The storm sewer system and curbing should be constructed in phases in conjunction with the bituminous surfacing of the employee parking, upper storage/staging, and lower drive aisle areas. Water Ouality - Runoff from the site is routed to a sediment basin, Pond CP -8. When the on-site storm sewer system is constructed, the runoff will be directed to the pond where settling will occur before being discharged into the City's system; therefore, sufficient water quality measures will be achieved. The pond area necessary to treat runoff from the 8 acre site is 0.3 acre at the normal water level (NWL) with a storage volume of 1.1 acre/feet. The pond should be excavated to have a 4' depth below the NWL The high water level (HWL) will be 5' above the NWL If the pond is constructed with these parameters, the maximum outflow will be 5 cfs. Grading - The Grading Plan submitted is acceptable. The proposed grading effects only the westerly 3-4 acres of the site by making the grade change less severe from east to west, the on-site pond excavation, and the 18" earth berm mentioned previously. Utilities - The site is currently served by City sanitary sewer and the building expansion phase scheduled for 1995 will include the connection to City water service. //S Planning Report - Outdoor Storage CUP October 25, 1994 Page 6 jandscaping - Mr. Stinar is proposing to plant several trees along the east side of the site along Highway 13. The Landscape Ordinance requires existing properties, without landscaping, that expand by 10% or more to provide the city a landscaping plan. The applicant should provide additional landscaping particularly along Highway 13, Terminal Drive and the south property line. Access/Circulation - The site has one existing access point each to Highway 13 and Terminal Drive. Internal circulation is adequate; however, scheduled site improvements will improve the flow. Conditional Use Permit Outdoor storage of materials and vehicles is not unusual in industrial zoning districts. The proposed outdoor storage meets the intent of the standards for outdoor storage set forth in the City Code. These standards were created and adopted primarily to regulate outdoor storage associated with retail businesses; therefore, this proposal cannot meet the strict interpretation of the enclosure requirements due to the size of the operation and the different locations of storage. Compatibility with Surrounding Area - The manufacturing business including outdoor storage is compatible with other land uses allowed in the industrial zoning district and more specifically, with land uses in the general vicinity. SUMMARY/CONCLUSION The general land use is compatible and consistent with existing land use in the area and future land use, as allowed in the industrial zone. The applicant is proposing a 5 year phased improvement schedule. Upon completion of all improvements, the status of site storage /parking area surfacing, utilities, storm drainage, and water quality will be acceptable. ACTION TO BE CONSIDERED To recommend approval/denial of a Conditional Use Permit to allow outdoor storage of equipment and vehicles on Lots 4 and 5, Block 2, Sibley Terminal Industrial Park, subject to the conditions listed below. 1. The applicant shall combine the two lots at the Dakota County Auditor's office within 60 days of City Council approval. //6 Planning Report - Outdoor Storage CUP October 25, 1994 Page 7 2. The applicant shall record this Conditional Use Permit at the Dakota County Recorder's office within sixty days of City Council action. 3. The applicant shall submit plans for review and complete the following improvements in the time period listed: 1994 - Conditional Use Permit for outdoor storage, lot combination, landscaping along Highway 13, complete grading and pond excavation, restore disturbed areas with ground cover plantings, and add crushed concrete base to lower loading area. (Area 1) 1995 - Building expansion and connection to City water service for tap water, sprinkling of buildings, and exterior fire hydrants. (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. (Area 4) This storm sewer system will include five catch basins to collect site runoff, a length of storm sewer pipe to convey the runoff to the on-site pond, and an outlet from the pond to the existing storm sewer system in Terminal Drive. 1998 - Bituminous surfacing for employee parking area (southeast of building, min. 80 spaces) and landscaping along the south property line. Also at this time the owner can better determine if there is a need for future building expansion 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) 4. The on-site pond shall be excavated to provide 0.3 acre at the normal water level (NWL) with a storage volume of 1.1 acre/feet, a 4' depth below the NWL, and a high water level (HWL) 5' above the NWL. 5. The applicant shall remove all remnant materials and properly maintain the parking area and premises. 6. The applicant shall provide additional landscaping along Highway 13, the southern property line of Lot 3, and Terminal Drive. /// FINANCIAL OBLIGATION - 8 -CU -16-8-94 Lots 4 and 5, Block 2, Sibley Terminal Industrial Park There are pay-off balances of special assessments totaling $137.95 on the parcel for which the conditional use permit is requested. There are pending assessments on the parcels for which the conditional use permit is requested. Based upon the study of the financial obligations collected in the past and the use of the property, the following charge is proposed. The charge was computed using the City's current fee schedule and connection and availability of the City's utility system. Improvement None Use Rate Quantity Amount This financial obligation is presented for informational purposes and is not a condition of the issuance of the permit. //Si /i9 LOCATION 1 � t t / 0/ , r tons; •� .r r r .� r , f 1 rob T "!/062 01r„• 4%%(//1t // 1:10 \\ fano 1 •• /,� / /// 1 • 061 0 `-- ‘j 5 yam.` ie.; rr ��` \ \ 1 �•. \i 1 miciiklitk 1" i doYi 14,' ; rl sal L i .s /(1 1 / / /4/, /1/ // //1/1 '! A ----/•1. - ���\, PrP///./1//// ll l s - _ / / % 1.tit,' ( /, /r J1//// //eo�1//// // // I { ��i1 / / / 11 1 'r 11 .1 11{ ao �111�1111,11.��' 1 \\ 1\ `-- \�\1\ . '1 1 /' �i411 i1 /bv 1 1 -- ice ,1/1/1/ / 1/1/it I I 1 1( hitt ;ij,'-i 111 / / / 1 IN 1 1 1 .1 /- l � • 1 _ r fr /J �Ji / / 1 / 7//// j/ / 1�/ 111 / t/ i l �7'.�lr ‘..1‘ / 1/11 111 vt 11 � , k / 1 r 11'I IQ i/ifyi /, 1. //II 1 ` r lo,% /Yo 1 III' \ \ `'� i .0vL tt 1 (�j , / /),-)7,• I i 1 it/ , 1.JJ/1/Pi/f/j/ /•r -./r//j /rt 1 / i j % , /j"r'ty14� / / 11%,// //j' / 11J Jrl!{/ J9 / I Orr/ //1 `r, /' 1 1 (l /.1/'r f kTr/i/'i / '/ //// .�////i�l.,-.. 1l}i 1 t ..t/, r.j/// 0A ' //31/.iie 1 1 r/ 4,0 /1 / �)1f Pi mit / r Jlila}ylr 1 r Jr/ 1J J r 1/ f!1 / 1 /+; 4i /// /9/ 1//rel/ l t/ 14 -:=e111_,V ti \`� • -� N7 /� - Ir /, I I f C. 'V !/J/ 1 / r11 1 '-� -_ e, / 1 ti` °- -- AREA MAP /cO P.tt ! t 1 .+ III 1 1 I l r 1 1 `t 1 I • •• 1t 1 1 111 1 r t •' .il•1 ' 4 1 1 1 1 1 I f 1 1 1 11 1t 1 1 1 1, f ! J' t f 1 1 1 I I f` 1 t %. ; 1 1 • 11 ,; 1 l i i/•1 1 I t l 1 • • 71 t 1 1 1 1 1 1 1 1' 11 i i 1 1/ f I i 1 11\ 1' 1 1 1 1 I i / t t,• , , 1 1 1%111114,J r 411ll 1 1 1 1 0'I i1)I1t1i'li 1 1 1 t 111 1 t 1 1 Illi Ii all to t 111111 1 1 1 '1" 11 1 I;. 1111 %I' \ :1; 1111 1\1. . 111 t 1 1 j .'• ; , 1 \ • i ( t .1 t 1 1114 I Jr A to ff t ., fP 1 • 1 , " ' • /'r • t' ' 1 ', 1 /1 1 1 1 1 1 dk 1il ) \ I \ 1 111 i i j X , 1 1 r ♦`- t._�r J� .� �- ... ._.% + t i / i , i• ._ , ..: r _1 •1 - n !n..t i /1. / .1 ' :.)' i. 1f ; - t` 1 1 r +;' 111 f �t Ii" ,(l ' ) ti It , !!� i; 1111.1 ►�►• 1 1 1 / 1 1'i 0\ IIt I I 1. i / .1/ "ill •.t e. 1111 1. 1 1 i 1 .1 tl i, , ` 1/ . • 1 . 111 NI I • • 1 11 .. 1 Il i0, i 1 1 / .,. 11 \ / 1. • \`• 1 11 • 1 t i 111 i; i ti r f 1 ; 1 s 1 . / I 1 1 / / / 1 ' t • 1 ' • / ' r ei /a/ • • 1 • • • n p • FIG. NO. 7 SANITARY SEWER TRUNK LAYOUT CITY OF EAGAN i 611 OS • M ahr. I .r• •^s Ira CP -9 698.7 702.0 4185.0 JO ,IJn A FIGURE No. 17 STORM SEWER LAYOUT • MAP CITY OF EAGAN /23 • AOA AIMS emu Malls IMMO .-401---- WOW VT palm who • • wow VT snow beam, O 1TOIYsow was • *.A.s•••► alum mum oo ammo lir POND QOgtlAL •AAII UV& . • • • . .. 900.0 Ale mot MIMI SIM s 900.0 .U.ILAf.O1AOMBmom s u $ slags 8 L .- 82.0/82.0. ME Z a',/ `' R.L.!'�. •J01,26.4/74. 1sr Art ' OAK • CMM, 4At FOX RIDGI 610/ / ' t� 108.0 �� TRE 61.01 / 4 + 79.8/ PL Y NT 85.0 gl calKUM SITE • FIG. NO. B WATER DISTRIBUTION SYSTEM CITY OF • EAGAN tai SENTRY; 10-28-84 ; 8:27AM ;SEVERSON WILCOX SHEL-I 612 681 4612;# 5/19 PAGE 5/ADVISORY PLANNING Co1OiIBBION NIMES October 25, 1994 CONDriT/0M UR PPRNTT OMR gramme Voraesk opened the next public hearing of the evening regarding a conditional Use Permit to allow outdoor storage in a I -L (Light Industrial) district located on Lots 4 and 5, Block 2, Sibley Terminal Industrial Park between Terminal Drive and Highway 13 in the Mk of Section a. Project Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staff's planning report dated October 10, 1994. Ridley noted the background and history of the proposed uee and site, tbs existing conditions of the subject property, the surrounding uses and the compatibility therewith, the proposed site plan and the lot surfacing/storm drainage and landscape issues. lar. Ridley specifically noted that the applicant will accept the requirement for proper surfacing and concrete curb and gutter of all parking and storage area but request five years to phase in those improvements required. Ridley further noted that the proposed landscaping is not acceptable and that the City requires additional landscaping along Highway 13, Terminal Drive and the south property line. The applicant, Gene Stinar was present but made no comment. Member Miller inquired with the City staff as to the reasons why applicants, not necessarily including the applicant in this item, have consistently opposed the requirement that all parking and storage areae be surfaced and provide concrete curb and gutter. Project Planner Ridley responded that generally speaking, property business owners who expand or upgrade their businesses see a return on their monetary investment, but fail to see any return on the money expanded for surfacing and ooncrete curb and gutter. Further, Ridley, in response to the question from !somber Miller, stated that he has bean advised by other developers, not the applicant, that the cost of bituminous surfacing, storm sewer and concrete curb and gutter equals approximately $2,000.00 per parking space. Member ![erkley noted that while other applicants in the past have outright refused to improve parking and storage areas with surfacing and concrete curb and gutter, the applicant in this item accepts the requirement, but merely asked for the ability to phase-in the required improvements. lserklsy stated that he therefore supports the applicant's request for the phase-in improvements. 1t -94X /as 612 432 3780 10-28-94 08:29AM P008 #06 SENT BY 10-28-84 ; 8:28AM ;SEVERSON WILCOX SHELm 812 681 4612; 8/18 PAGE 6/ADVISORY PLANNING COMMISSION MINUTES October 25, 1994 Berkley moved, Neyl seconded, a motion to recommend approval of the Conditional Use Permit to allow outdoor storage in a I -L (Light Industrial) district located on Lots 4 and B, Block 2, Sibley Terminal Industrial Park between Terminal Drive and Highway 13 in the STA of Rection 8, subject to the following conditions: 1. The applicant shall combine the two lots at the Dakota County Auditor's office within 60 days of City Council approval. 2. The applicant shall record this Conditional Us* Permit at the Dakota County Recorder's Office within 60 days of City Council action. -94x 3. The applicant shall submit plans for review and complete the following improvements in the time period listed: 1994 - Conditional Use Permit for outdoor storage, lot combination, landscaping along Highway 13, complete grading and pond excavation, restore disturbed areas with ground cover plantings, and add crumbed concrete base to lower loading area. (Area 1) 1995 - Building expansion and connection to City water service for tap water, sprinkling of buildings, and exterior fire hydrants. (Area 2) 1996 - Bituminous overlay and curbing for drive/parking areas on north, east, and vest sides of building and partial storm sewer system construction. (Area 3) 1997 - Bituminous surfacing and curbing of upper staging/storage area and °caplets construction of storm drainage system. (Area 4) This storm sewer system will include five catch basins to collect site runoff, a length of storm Sewer pipe to convey the runoff to the on-site pond, and an outlet from the pond to the existing storm serer system in Terminal Drive. 1998 - Bituminous surfacing for employee parking area (southeast of building, min. 8o spaces) and landscaping along the south property lint. Also at this time the owner can better determine if there is a need for future building expansion and bow that relates to surfacing the employee parking. (Area 5) /c26 612 432 3780 10-28-94 08:29AM P006 #06 SENTBY: 10-28-84 ; 8:28AM ;SEVERSON WILCOX SHE—. PAGE 7/ADVI5ORY PLANNING COMYIIrIYSSION MINUTES October 25, 1994 R-95% 612 681 4612;# 7/19 1999 - Bituminous surfacing for lower loading area and landscape screening of area from Terminal Drive. (Area 6) 4. The on-site pond shall be excavated to provide 0.3 acre at the normal water level (NWL) with a storage volume of 1.1 aura/feet, a 4' depth below the )IWL, and a high water Laval (EWL) S' above the NWL. 5. The applicant shall remove all remnant materials and properly maintain the parking area and premises. 6. The applicant shall submit and comply with a landscape plan approved by City staff. All approved in favor. 812 432 3780 10-28-94 08:29AM P007 #06 Agenda Information Memo November 1, 1994 City Council Meeting CONDITIONAL USE PERMIT/TRIPLE S INVESTMENTS D. Conditional Use Permit, Triple S Investments, NE Quarter Section 15 - Pylon Sign for Big Wheel Rossi—Triple S Investments is requesting approval of a conditional use permit to allow a pylon sign and a variance to the 300' pylon sign spacing requirements on property to be develped as Big Wheel Rossi, adjacent to Valvoline, east of the Blue Cross/Blue Shield office building on Yankee Doodle Road. The Advisory Planning Commission conducted a public hearing on this matter at its meeting of October 25, 1994. The staff report on this item is enclosed on pages 1,4 through jS The minutes of the Planning Commission meeting are enclosed on pages /AA, through The Advisory Planning Commission recommended on a 4 to 3 vote, denial of the conditional use permit on the grounds that it did not satisfy conditions A and B of the City Code pertaining to the issuance of conditional use permits. Those members of the commission voting against the pylon sign believed that it was known at the time that Valvoline was developed that there would be a lot adjacent to Valvoline. It was therefore known that signage would likely be needed and the opportunity for a joint sign should have been considered at that time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit and variance to allow a pylon sign on Outlot A, Town Centre 100 - 13th Addition. PLANNING REPORT CITY OF EAGAN REPORT DATE: October 17, 1994 CASE #: 15 -CU -20-10-94 APPLICANT: Triple S Investments HEARING DATE: October 25, 1994 PROPERTY OWNER: Geraldine F. Colon PREPARED BY: Mike Ridley REQUEST: Conditional Use Permit (pylon sign), Variance LOCATION: NE 1/4 Section 15 COMPREHENSIVE PLAN: Commercial Planned Development (CPD) ZONING: Planned Development - Community Shopping Center (PD -CSC) SUMMARY OF REOUEST Triple S Investments is requesting approval of a Conditional Use Permit (CUP) to allow a pylon sign and a Variance to the 300' pylon sign spacing requirements on property currently platted as Oudot A, Town Centre 100 Thirteenth Addition located south of Yankee Doodle Road and east of O'Leary Lane. AUTHORITY FOR REVIEW City Code Section 11.40, Subd. 4, states that The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it Ands that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 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. 42 7 Planning Report - Big Wheel Pylon October 25, 1994 Page 2 E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. BACKGROUND/HISTORY In 1986 the City and Federal Land Company entered into a pylon sign agreement for the Town Centre 70 commercial area and the Town Centre 100 Planned Development that essentially provided a single, area wide, CUP for pylon signs. The Town Centre -Eagan Pylon Sign Agreement provides for a particular number of pylon signs at specific locations throughout the Town Centre area and waives the normal public hearing process for a CUP for any pylon sign at a location designated by the Agreement. This Agreement is not tied to the Eagan Heights Commercial Park Planned Development but is a separate contract governing all of the Town Centre area. The Agreement also states that signs shall be erected in compliance with all applicable City Code provisions, except that the locations designated in the Agreement shall be allowed. This document was amended in 1992 to provide an additional pylon sign on the west side of Town Centre Drive. The staff summary of this amendment also reflected the pylon sign location for the Valvoline Rapid Oil Change and specifically stated that no pylon sign was being proposed between the Valvoline site and the Waterview Office Tower. EXISTING CONDITIONS On October 18, 1994, the City Council approved a preliminary subdivision and Final Planned Development allowing a 6,000 s.£ Big Wheel Rossi auto parts store on the subject 0.7 acre site. Except for Outlot A, Town Centre 70 15th Addition located on the west side of Denmark Avenue (behind Kohls and Wal-Mart), all of the Town Centre 70 commercial area has developed and only larger pieces of Town Centre 100 remain to be developed. / 30 Planning Report - Big Wheel Pylon October 25, 1994 Page 3 SURROUNDING USES The following uses, zoning, and comprehensive plan designations surround the subject property: North - Undeveloped; zoned PD; designated Commercial PD. South - Undeveloped; zoned PD/CSC; designated Commercial PD. East - Rapid Oil Change; zoned PD/CSC; designated Commercial PD. West - Blue Cross/Blue Shield (ten story); zoned PD/CSC; designated Commercial PD. EVALUATION OF REQUEST The subject site and the Valvoline site have a combined frontage of 255' on Yankee Doodle Road. Incremental development in this area has created a situation where the last user "in" cannot meet the City's pylon sign spacing requirements. The applicant is requesting a CUP to allow a pylon sign at a location that is not designated to have a sign in the Town Centre -Eagan Pylon Sign Agreement and the proposed sign location is only 210' away from the existing Valvoline pylon; therefore, the applicant is also requesting a variance of 90' to the 300' City Code pylon sign spacing requirement. Federal Land Company is proposing to shift a previously approved pylon from a spot on Lexington Avenue just north of the daycare center to the Big Wheel site which will result in no net gain in the number of signs; however, the ultimate development of this 13 acre parcel bounded by Lexington Avenue, Yankee Doodle Road, O'Leary Lane, and Town Centre Drive is uncertain and this pylon sign may be needed when development occurs. Big Wheel Rossi representatives believe a pylon sign is necessary for their business to be successful at this location due to the site elevation in relation to Yankee Doodle Road and the site access at the rear of the building off of O'Leary Lane. A possible alternative to an additional pylon sign is Big Wheel sharing the existing Valvoline sign. SUMMARY/CONCLUSION The Town Centre -Eagan Pylon Sign Agreement does not provide for a pylon sign at this location and it is not possible for an additional sign to meet the City Code pylon sign spacing requirement of 300'. Federal Land Company is proposing to relocate a designated pylon location on the undeveloped 13 acre parcel to this site which will not increase the number of pylon signs in Town Centre 100; however, it may compromise future development of this large tract. A possible alternative is a Big Wheel/Valvoline shared pylon sign. /3/ Planning Report - Big Wheel Pylon October 25, 1994 Page 4 ACTION TO BE CONSIDERED To recommend approval/denial of a Conditional Use Permit and Variance to allow a pylon sign on Outlot A, Town Centre 100 Thirteenth Addition. • /3=2 KJAKt • I `1 E I�INGT dIV J\'�� �\` ill CABIN MUNICIPAL CENTER Cl h /33 ROS•10.PlT 10119194-'9:28:17 PM Sok: 1:48.18 11: 382.348 L: 238.023 in 1 10-O' SINGLE POLE MOUNT W/ BRICK WRAPPER FRONT ELEVATION O/F ILLUM. PYLON /37 Lawrence X14 — .. 91. 95 0 (.(14) • 12. G'4.1STI4.4.04 15u L.4711.4 ffa 5115.917 1D L_ g2 ' TOb-J►J l.f..NTRJ. IOC 1116 4.DDITIDwJ • of qoo a 49 �1b 14 I PL,pn•1 T 1 N.I (A I-1 e.-17 L.i L t`i r4,arIG .glzG CITY. A S1,•101A.12. r1 Pt.. -e., 2242rdp ,L' G •1.e1- comae-P.4-JU IJ I PC.42... I $" I 0 IZ.J:.O J..e.dF baribE.C.rzY 5 CsvitI_ I S BIG WHEEL AUTO SENT BY: 10-28-84 ; 8:28AM ;SEVERSON WILCOX SHEL4 612 681 4612;# 8/18 PAGE 8/ADVISORY PLANNING COMMISSION MINUTES October 25, 1994 CONDITIONAL V8I PRSIILIT TRIPLE i INVESTMENTS Voracsk opened the next public hearing of the evening regarding a Conditional Use Permit to allow a pylon sign and a Variance to the spacing requirements located an the NW corner of Outlot A of Town Centre 100 Thirteenth Addition in the NES of Section 15, south of Yankee Doodle Road and vest of O'Leary Lane. - Project Planner Ridley introduced this item. Mr. Ridley highlighted the information presented in the City staff's planning report dated October 17, 1994. Mr. Ridley noted the background and history of the Pylon Sign Agreement for Town Centre 70 Commercial Area in the Town Centre 100 Planned Development, the existing conditions of the subject property, and the staff's evaluation of the applicant's request. Ridley specifically noted that the subject site and the adjacent Valvoline Rapid Oil Change sits have a combined frontage of 255 feet on Yankee Doodle Road. Ridley noted that the applicant is requesting a conditional use permit to allow a pylon sign at the subject site, which is not designated accordingly in the Pylon Sign Agreement in exchange for a designated sign location on Lexington Avenue pursuant to the Agreement. Ridley also stated that the proposed sign location is only 210 feet away from the existing Valvoline Rapid Oil Change pylon sign and thus the applicant is requesting a 90 -foot variance of the 300 foot pylon sign spacing requirement in the City Code. Martin Colon, a representative of the applicant, opined that the main point of the Pylon Sign Agreement was the number of signs, not the location of each sign. Mr. Colon further stated that alon sign for Big Wheel Rossi, the business to be located on the subject site, is necessary to give the business visibility to traffic on Yankee Doodle Road. In response to Member N.rkley's question, Mr. Colon stated that there is no possibility that Big Wheel Rossi and Valvoline Rapid oil Change would share a pylon sign because the two businesses refuse to do so. Member Miller inquired with Mr. Colon as to the developer's intent to address future necessity of pylon signs for future businesses when no more signs ars available under the Pylon sign Agreement. Mr. Colon responded that the future businesses coming into the development will simply be advised that no more pylon signs are available for the development. Member Miller stated that the businesses in the development need visibility and does not view the proposed pylon sign to be "too much signags" vhiah the area cannot tolerate. Member Markley stated that the proposed pylon sign does not most the City Code's spacing requirement and that because Valvoline Rapid oil Change and sig wheel 11=94x /36 612 432 3780 10-28-94 08:29AM P008 #08 SW BY: 10-28-84 ; 8:28AW ;SEVERSON WILCOX SHEL74 612 681 4612;# 8/18 Nam 9/ADVISORY PLANNING COMMISSION MINUTES October 25, 1994 Rossi are similar uses, the two businesess should share a pylon sign. Msmbsr Wallace replied that Member Msrkley'ssuggestion is an attractive option when two businesses start at the same time. Wallace stated, however, this is not the vase and that the Commission cannot ask an existing business to share its signage with a new adjacent business. limber Miller questioned as to whether the base for the pylon sign will match the brick of the building. Chairman Voracek stated that because the developer could have planned More specifically prior to this application and the location of the signs in order that a variance from the pylon sign spacing requirement is not necessary, any hardship on the applicant was so created by the applicant. Member Neyl concurred with Voracek, adding that the proposed pylon sign does not meet Condition B of the conditional use permit standards and thus doss not meat City Code; that it is foreseeable that the approval of this application will result in the developer playing "musical signs" under the Agreement or an over signage in the area, both of which will be detrimental to the neighborhood; and that any hardship to the applicant was self creating. Accordingly, as Hayl stated, she would support denial of the application. Member hiller stated that the City has approved the subject property to be used as Big Wheel Rossi and thus the City should work with the business to ensure its success. Millar added that the businesses' visibility is reduced without a pylon sign and the business needs identity to promote its viability. Discussion took place regarding the suitability of a brick post for the sign. comments wore made that perhaps the sign post should match the steel post used by Valvoline. Segal moved to approve the conditional use permit and variance subject to the conditional use standards under City Cods, in addition the added condition that the subject pylon sign is exchange for the designated sign site at Lexington Avenue pursuant to the Pylon Sign Agreement. All approved in favor, except Chairman Voracek and Members Hoyle Seidel and Markley opposed, and thus the motion failed. Heyl coved, Markley seconded, a motion to deny the Conditional Vas Permit to allow a pylon sign and a Variance to the spacing requirements located on the NW corner of Outlot A of Town Centra 100 Thirteenth Addition in the NA of Section 15, south of Yankee Doodle 8-94% /3 % 612 432 3780 10-28-94 08:29AM P009 *06 SENT BY: 10-28-94 ; 8:80AM ;SEVERSON WILCOX SEO:I.-. 612 681 4612410/19 PACE lO/ADVISORY PLANNING COMMISSION MINUTES October 25, 1994 Road alai West of O'Leary Lana, fax the reasons that Condition A and Condition 8 of the Conditional Standards are not met. All approved in favor, except Members Millar, Wallace and Segal opposed. Ra,94% /381 612 432 3780 10-28-94 08:29AM P010 #06 Agenda Information Memo November 1, 1994 City Council Meeting The City Administrator will be asking for further discussion regarding prioritization of the AMM legislative policies. For those of you who haven't turned them in, please review the legislative policy handout and bring your rankings to the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To provide direction to the City Administrator on a consensus for the top five (5) AMM legislative policies for submission at the annual AMM legislative meeting to be held Thursday, November 3. /3 7