Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
05/03/1988 - City Council Regular
AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING MAY 3, 1988 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (Blue) II.6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (Blue) III. 6:40 - RECOGNITION OF cams WEEK (Blue) IV. 6:45 - DEPARTMENT HEAD BUSINESS (Blue) A. FIRE DEPARTMENT 1. Additional Cost Allocation for Funding Fire Stations #4 and #5 B. DIRECTOR OF PUBLIC WORKS 1. Vehicle #143, Approve Specifications/Authorize Advertisement for Bids, Plow Package for Dump Truck 2. Contract 87-34, Consideration of City Logo, Sperry Reservoir Repainting V. 6:55 - CONSENT AGENDA (Orchid) (7, A. PERSONNEL ITEMS e,, B. PROCLAMATION, Mayor's Fishing Opener, City of Eagan C. FINAL PLAT, Pine Ridge 2nd Addition 1)(.)'(9 D. DECLARE Radio Equipment as Surplus Property F. �� E. PROJECT 532, Receive Report/Order Public Hearing (Field Stone Trail - Street) 0 F. PROJECT 535, Receive Report/Order Public Hearing (Carlson Lake Lift Station Upgrade) P,1%' -G. PROJECT 540, Receive Petition/Order Feasibility Report (Michael Sill Addition - Streets & Storm Sewer) VI. 7:00 - PUBLIC HEARING (Salmon) ,(7.\: A. PROJECT 452, Pond AP -50, Storm Sewer Outlet ' ,�� B. PROJECT 534, Blackhawk Pond, Sanitary Sewer Lift Station and Pond j( �1 Restoration VII. OLD BUSINESS (Pink) -2:.5T A. GAMBLING LICENSE, 'Pull -Tabs at Richard's Food & Liquor, St. John Neumann Knights of Columbus B. PRELIMINARY PLAT, Crystal Ponds/ASP Construction, of 13.7 R-4 j� / (Multiple) Zoned Acres for 137 Apartment Units, and VARIANCE for 11 Cul -De -Sacs in Excess of 500' Located South of Highway 55 C. DISCUSSION REGARDING REZONING, Pondview Addition D. CONSIDERATION of Legal Services (General, Special Project and 1 Prosecution (9 ( E. CONSIDERATION of Settlement of O'Neil Zoning Action VIII. NEW BUSINESS (Tan) A. r. ktol. F.\tc7 2. llt 3. ,k1( 4. a--5. LV) 7. s, 5 8. X. XI. XII. MANAGERS LICENSE, LaFonda de Acebo. 3665 Sibley Memorial Hwy MODEL HOME PERMIT, Al Hermann Construction. Lot 2, Block 2, Fairway Hills 2nd Addition, Southeast Corner of Intersection of Pilot Knob Road and Cliff Road MODEL HOME PERMIT, New Horizon Homes, Boulder Ridge Townhomes, Lots 1-4, Block 1, Located Along the South Side of County Road 30, East of Thomas Lake Road CONDITIONAL USE PERMIT, Breezy Outdoor.Inc.. to Allow a Billboard Advertising Sign Along Hwy I-494 on Lot 14, Block 1, Eagandale Center INdustrial Park WAIVER OF PLAT, Cynthia & Edward Develin, to Split Lot 4, Block 3, Wescott Garden Lots, Into Two Separate Agricultural Zoned Parcels Located Along Trails End Road VARIANCE, Anne Wetteland, of 3 Feet to the 10 -Foot, Side Yard Setback at 4540 Blackhawk Road VARIANCE, Stanley M, Stylski. Lot 3, Block 2, Halley's First Addition, to the 100' Minimum Setback When Adjacent to an Agricultural District VARIANCE, Mike Rudolph, 3915 Gibraltar Tr (Lexington Square) to Sideyard Setback for Screen Porch CONSIDERATION of Resolution Concerning Proposed Runway 4/22 Extension ADDITIONAL ITEMS (Gold) PUBLIC IMPROVEMENT CONTRACTS CONTRACT 88-12, Approve Plans/Authorize (Eagan High School - Utilities) CONTRACT 88-16, Approve Plans/Authorize (Lexington Square - Storm Sewer) CONTRACT 88-10, Approve Plans/Authorize (Eagandale Center Industrial Park 9th & and Utilities) CONTRACT 88-11, Receive Bids/Award Contract (Woodlands Addition and Hurley Lake - Storm Sewer) CONTRACT 88-6, Approve Plans/Authorize Advertisement for Bids (Braun Court - Streets & Storm Sewer) CONTRACT 87-27, Approve Change Order #1 (Well #10) CONTRACT 85-26, Approve Change Order #3 (Well #9) CONTRACT for Municipal Center Remodeling Advertisement for Bids Advertisement for Bids Advertisement for Bids 10th Addition - Streets ADMINISTRATIVE AGENDA (Green) VISITORS TO BE HEARD (for those persons not on ADJOURNMENT agenda) MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 25, 1988 SUBJECT: AGENDA INFORMATION FOR MAY 3, 1988 CITY COUNCIL MEETING APPROVE ° MINU PES - ADOPT. • AGENDA After approval is given to the May 3, 1988 agenda and regular City Council meeting minutes for the April 19, 1988 meeting, the following items are in order for consideration: RECOGNITION OF CITIES WEEK In official action at the April 19 City Council meeting, Mayor Ellison proclaimed the week of May 1 through 9 Cities Week in the City of Eagan. At this point in the agenda, Mayor Ellison will note that the City of Eagan will join with other cities in Minnesota to celebrate Cities Week by releasing balloons at 1:00 p.m. on Wednesday, May 4, in front of the Eagan Municipal Center, immediately following the Civil Defense siren test. Residents of Eagan are invited to attend this ceremony and to release a balloon. The purpose of Cities Week is to recognize the services a city provides and to encourage citizen participation in local government. The League of Minnesota Cities is spearheading the event throughout the state as a part of its 75th anniversary. Governor Perpich has proclaimed this week as Cities Week throughout the entire state, saying "Cities are a grass roots governmental system which represents a close relationship between elected officials and citizens. It is appropriate to recognize the work of city officials, city employees, and volunteers in providing for the economic growth and vitality of our communities." The Mayor will express his appreciation to all the volunteer residents and residents otherwise involved in City government for their assistance and effort. Agenda Information Memo May 3, 1988, City Council Meeting DEPARTMENT HEAD BUSINESS FIRE DEPARTMENT A. FIRE DEPARTMENT: Item 1. Authorize Revenue Source Appropriation for the Fire Station #4 and 5 Project --As explained at the April 19, 1988 City Council meeting, it was the decision of the previous City Council to proceed with the Fire Station #4 construction realizing that tne cost was higher than the amount identified in the fire station referendum. The decision to proceed with the project was both the recommendation of the Fire Department Building Committee and Public Works Committee of the City Council. The alternative at that time was to reduce the scope of that project which would have eliminated square footage that was vital to the various operations proposed by the Fire Department. It was determined at that time that a revenue source would be provided from either the fund balance or a future general fund budget commitment. In order to construct Fire Station #5 as a mirror image of #4, again the City will incur additional cost beyond the referendum amount. There are two possible alternatives the City could consider. The first is that the City consider an appropriation from the fund balance realizing that many of the dollars generated each year as surplus and allocated to the fund balance are a direct result of building permits. Fire Stations #4 and 5 are a direct result of those building permits realizing that additional fire service is required as the community continues to grow in population. A second alternative for funding consideration is to treat the overruns as a general fund obligation and repay the incurred debt/overage in the 1988/1990 operating budgets. This alternative is more difficult realizing that the new stations will require additional operating expenses and with mill levy limitations this type of obligation could present a financial strain on the overall operating budget. For a breakdown of the anticipated cost overruns, refer to the attachment as prepared by our Director of Finance and enclosed on pages * through * . ACTION TO BE CONSIDERED ON THIS ITEM: To approve the additional costs for Fire Stations #4 and 5 and determine how those costs will be allocated. *Will be included with the Additional Information on Monday. Agenda Information Memo May 3, 1988, City Council Meeting B. PUBLIC WORKS DEPARTMENT: Item 1. Vehicle #143, Approve Specifications/Authorize Ad For Bids (Plow Package For Dump Truck) --With the recent purchase of the cab and chassis for the dump truck authorized under the 1988 budget, technical specifications have now been prepared for the design of the dump box, hydraulics, plow package and sanding unit to outfit this vehicle for the Street Maintenance Division. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the specifications for Vehicle #143 (plow package equipment) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Wednesday, June 1, 1988. Item 2. Contract 87-34, Consideration of City Logo (Sperry Reservoir - Repainting) --The repainting of the Sperry Reservoir will be completed in the near future. The Public Works Department would like to know if the City Council is interested in having the City logo with the name, the City name my or nothing at all on this reservoir. Enclosed on page is a sketch of the two different alternatives. The Public Works Maintenance Division will be having a special City flag made up using this logo with the "City of Eagan" embossed under the logo as shown. The Public Works Director will provide any additional information as may be necessary regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a logo design for installation on the Sperry reservoir under Contract 87-34. City of eatzan $ /* Agenda Information Memo May 3, 1988, City Council Meeting CONSENT AGENDA There are seven (7) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. Personnel Items: Item 1. Planner I -- Over sixty applications were received for this position. After screening the applications according to job related criteria, six candidates were interviewed by City Planner Runkle and Administrative Duffy. Currently reference checks are being made. The name of the person who is recommended for hire will be forwarded with the administrtive packet on Monday. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the hiring of a candidate to be named as a Planner I, subject to successful completion of the City's physical examination requirement. Item 2. Seasonal Park Attendent -- After interviews, it is the recommendation of Superintendent of Parks VonDeLinde that Susan Johnson be hired as a seasonal park attendent. ACTION TO BE CONSIDERED ON THIS MATTER: To approve this hiring of Susan Johnson as a seasonal park attendent. Item 3. Seasonal Ballfield Attendents -- After interviews, it is the recommendation of Superintendent of Parks VonDeLinde that Brent Eichten and Paul Frank be hired as seasonal ballfield at- tendents and that David Carney be hired as a combination seasonal ballfield and park attendent. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Brent Eichten and Paul Frank as seasonal ballfield attendents and David Carney as a combination seasonal ballfield and park atten- dent. Item 4. Seasonal Park Maintenance Workers -- After interviews, it is the recommendation of Superintendent of Parks VonDeLinde that Troy Christopherson, Michael Finnegan, Hugh Peterson, John VonBank, Brent Tait, Gary Rutherford, Rob Thometz, John Tracy and Paul Dunn be hired as seasonal park maintenance workers. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Troy Christopherson, Michael Finnegan, Hugh Peterson, John Von - Bank, Brent Tait, Gary Rutherford, Rob Thometz, John Tracy and Paul Dunn as seasonal park maintenance workers. Agenda Information Memo May 3, 1988, City Council Meeting PROCLAMATION FOR MAYOR'S FISHING OPENER B. Proclamation for Mayor's Fishing Opener --Mayor Ellison in conjunction with our Department of Parks and Recreation is proposing May 15, 1988, as the Mayor's Fishing Opener at Fish Lake. On the lighter side, a humerous proclamation is enclosed for your review and consideration on page '7 ACTION TO BE CONSIDERED ON THIS ITEM: To approve the proclamation to celebrate the Mayor's Fishing Opener on May 15, 1988, at Fish Lake. (4, PROCLAMATION CELEBRATION OF THE MAYOR'S FISHING OPENER IN THE CITY OF EAGAN May 15, 1988 Fish Lake at Denmark Drive & Wescott Road WHEREAS, the curative and theraputic powers of fishing have for years been an accepted fact by Minnesotans who fish; and WHEREAS, the importance of fishing to the State of Minnesota and its 10,000 lakes and to the City of Eagan and its 340 lakes, ponds and wetlands cannot be underestimated; and WHEREAS, "Fishing Fever" is not only running rampant among the citizenry of the State but has similarly afflicted the good residents of Eagan; and WHEREAS, for years the Governor of the State has had a Fishing Opener marking the beginning of the fishing season in the State of Minnesota; and WHEREAS, the Mayor of Eagan has declared that the City of Eagan with its phenomenal growth is deserving of casting its own line into Minnesota's pool of fish stories; and WHEREAS, the City of Eagan is prepared to take its rightful place in fishing history. NOW, THEREFORE, BE IT PROCLAIMED that the Mayor of Eagan has declared Sunday, May 15, 1988, as the Fishing Opener in the City of Eagan and invites all residents to join him at Fish Lake on that day; and BE IT FURTHER PROCLAIMED, that participants will meet in the parking lot of Fish Lake for registration beginning at 1:00 p.m. on the 15th and that a fishing contest will be held until 3:30 p.m; and BE IT FURTHER PROCLAIMED, that Certificates will be awarded by the Mayor to all winners of the contest at an Awards Ceremony to be held at 4:00 p.m; and BE IT FINALLY PROCLAIMED, that a good time will be had by all who participate and join the festivities on May 15, 1988, with the Mayor and Department of Parks and Recreation of the City of Eagan. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Agenda Information Memo May 3, 1988, City Council Meeting FINAL PLAT APPROVAL/PINE RIDGE 2ND ADDITION C. Final Plat Approval - Pine Ridge 2nd Addition --The staff has recieved an application for final plat approval for the Pine Ridge 2nd Addition located at the southwest corner of Crestridge Lane and Kolstad Road as shown by the map enclosed on page All conditions placed on the Preliminary Plat approval of July 7, 1987, have been satisfactorily complied with. All Final Plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Final Plat for the Pine Ridge 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. 0 H 0 ❑ z 0 0 N Lit W rc W z C! bre lea 1 11 31 F- '1 e z 3 N SS Oa `Y.Y Ma a 40. ..a ,t.0. 1 int 1. ,it 3:as yElIA; i . e 8 0 • I,—T� 0-1 E+�gl JAMES R. HILL. INC 1-174'ioes rout, WNW C w �a Agenda Information Memo May 3, 1988, City Council Meeting DECLARE RADIO EQUIPMENT AS SURPLUS PROPERTY D. Declare Radio Equipment as Surplus Property --The new radio communications console and related equipment has been installed in the Police Department, it is appropriate that the City declare the two consoles, recorder and bay station that have been removed as surplus property. Five (5) different companies or individuals were contacted regarding the value of the property and it appears that the City could only expect approximately $100 for this equipment. Police Captain Geagan has contacted Mr. Sam Fouissee, the State Operations Manager for the Vo -Tech Administration, and apparently they would like to use this communications equipment in their training program. It is the recommendation of the Police Department and concurrence of the City Administrator that the surplus radio equipment be designated surplus property and donated to the State of Minnesota Vo -Tech Administration for use in their communications training program. ACTION TO BE CONSIDERED ON THIS ITEM: To declare two consoles, recorder and the base station as surplus property and ask that the same be donated to the Minnesota Vo -Tech Administration for use in their communications training program. D Agenda Information Memo May 3, 1988, City Council Meeting PROJ 532/RECEIVE REPORT/PUBLIC HEARING A: Project 532, Receive Report/Order Public Hearing (Field Stone Trail - Street) --In response to a petition submitted by the developers of the proposed Bridle Ridge 2nd Addition, the Council authorized the preparation of a Feasibility Report for the installation of the Municipal State Aid street connecting Northview Park Road with Wescott Road through this subdivision. This report has now been completed and is being presented to the Council for consideration of scheduling a public hearing for formal discussion. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the Feasibility Report for Project 532 (Field Stone Trail - Street & Sidewalk) and schedule a public hearing to be held on June 7, 1988. F. Project 535, Receive Report/Order Public Hearing (Carlson Lake Lift Station Upgrade) --As a part of the evaluation of our overall storm sewer system subsequent to the July '87 "super storm", it was determined that consideration should be given to increasing the lift station outlet capacity for the Carlson Lake drainage basin. Subsequently, in response to the preliminary engineering study, the Council authorized the preparation of a Feasibility Report which has now been completed and is being presented to the Council in consideration of scheduling a formal public hearing for discussion. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the Feasibility Report for Project 535 (Carlson Lake Lift Station Upgrade) and schedule a public hearing to be held on June 7, 1988. Age:ada Information Memo May 3, 1988, City Council Meeting PROJ. 540, RECEIVE PETITION/ORDER FEASIBILITY REPORT/SILL ADDN. G. Project 540, Receive Petition/Order Feasibility Report and Plans (Michael Sill Addition - Streets and Storm Sewer)-- The staff has received a Petition requesting the preparation of a Feasibility Report for the installation of streets and storm sewer to service the above -referenced Subdivision to accomodate the proposed Tesseract School of which the Council authorized the issuance of a building permit at the April 19th Council meeting. It is anticipated that the Preliminary Plat will be presented to the Council for consideration at the May 17th meeting. In light of this, the Petitioner has guaranteed the cost of the preparation of plans and feasibility reports if for some reason, the Preliminary Plat is not approved or the project denied at the time of the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the preparation of the feasibility report and detailed plans for Project 540 (Michael Sill Addition -Streets and Storm Sewer). I� Agenda Information Memo May 3, 1988, City Council Meeting PUBLIC HEARINGS PROJECT 452/STORM SEWER OUTLET A. Project 452, Pond AP -50 Outlet (Cedar Cliff Commercial Park 2nd Addition) --On April 5, the Council received the Feasibility Report and scheduled the public hearing to be held on May 3 to discuss the proposed storm sewer outlet for AP -50 located east of the ,Cedar Cliff Commercial Park 2nd Addition. Enclosed on pages through c77,3 is a copy of that Feasibility Report for the ouncil's information and reference during the public hearing presentation by staff. This project was reviewed with the Advisory Parks & Recreation Commission on Thursday, April 7, as it involves construction within Rahn Parks t copy of the minutes from that meeting are enclosed on pages As some Council members may recall, alternative alignments were considered under several previous public hearings. However, they involved considerable coordination with the property owner to the east, Federal Land Company. Through several discussions regarding this project, it appears that this is the most feasible alignment that could be pursued within the time frame necessary to provide an outlet for this ponding area before the summer rain season begins. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 452 (Pond AP -50 - Storm Sewer Outlet) and if approved, authorize the preparation of detailed plans and specifications and acquisition of easements through condemnation, if necessary. 3 Report Pond AP -49 & AP -50 Outlet Trunk Storm Sewer Improvements Project No. 452 Eagan, Minnesota April, 1988 File No. 49364 jJftsj Bonestroo Rosene Anderlik & Associates Engineers & Architects St. Paul, Minnesota Bonestroo Rosene IPCJFI Anderlik & Associates Engineers & Architects April 4, 1988 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Otto G Bonestroo, PE. Robert W Rosene, PE. Joseph C Anderlik, PE Bradford A. Lemberg, PE Richard E. Turner. PE James C. Olson, PE. Glenn R Cook, PE. Thomas E. Noyes. PE. Robert G Schunrcht, PE. Marvin L. Sorvala, P.E. Re: Pond AP -49 & AP -50 Outlet Trunk Storm Sewer Improvements Project No. 452 Our File No. 49364 Keith A Gordon, PE Richard W Foster, PE. Donald C. Burgardt, P.E. Jerry A Bourdon, PE. Mark A. Hanson, PE. Ted K. Field. PE. Michael T. Rautmann. PE Robert R Pfefferle, PE. David O. Loskota, PE. Thomas W. Peterson, PE. Michael C. Lynch. P.E. James R. Maland, P.E. Kenneth P. Anderson, P.E. Keith A. Bachmann, PE. Mark R. Roll's, P.E. Robert C. Russek, A I.A. Thomas E. Angus, PE Howard A. Sanford, PE. Charles A. Erickson Leo M. Pawelsky Harlan M. Olson Susan M. Eberlin Mark A. Seip Dear Mayor and Council: Transmitted herewith is our report for Pond AP -49 and AP -50 Outlet, Project No. 452. This report covers trunk storm sewer construction and includes a preliminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:li Approved by: Date: PT49364 /1- DYpartment of Publi I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the Stale of Minnesota. e../23/16c Date: April 4, 1988 Mark A. Hanson Reg. No. 14260 2335 West Highway 36 • St. Paul, Minnesota 13 • 612-636-4600 c SCOPE: This project provides for constructing a trunk storm sewer outlet for Pond AP -49 and AP -50. Pond AP -50 is located south of Cliff Road and east of Cedar Cliff Commercial Park 2nd Addition. Pond AP -49 is located in the unde- veloped portion of Rahn Park west of Rahn Road. The outlet to Pond AP -50 is required because the two existing office buildings which abut its west edge are subject to flooding due to rising water levels in Pond AP -50. This report is a revision to the same report presented to the Council on August 18, 1987. However, the previous report assumed the outlet to Pond AP -49 would not be constructed and the outlet to Pond AP -50 would be construc- ted along Cliff Road and not through Rahn Park as proposed. This report as- sumes the outlet to Pond AP -49 will be constructed and the outlet to Pond AP -50 will be constructed through Rahn Park into Pond AP -49. ;FEASIBILITY AND RECOMMENDATION: This project is feasible from an engineering :standpoint and is in accordance with the Comprehensive Storm Sewer Plan for the City of Eagan. The project as outlined herein can best be carried out as one contract. DISCUSSION: This project provides for constructing a trunk storm sewer outlet from Pond AP -50 and AP -49 to the south end of Pond AP -25. The proposed align- ment is shown on the attached drawing which provides for constructing the trunk storm sewer north from Pond AP -50 through Rahn Park to Pond AP -49. The outlet to Pond AP -49 is to be constructed to the south end of Pond AP -25 and connect to the proposed storm sewer in Cliff Lake Centre. Construction of the outlet to Pond AP -25 is to be developed as part of Cliff Lake Centre project. The outlet pipe for Pond AP -25 will be constructed north along Rahn Road F'.PT49364 Page 1. Kr) ultimately connecting to an existing 24" storm sewer across from Rahn Elementary School.. Due to the elevation of the existing storm sewer, the controlled water level in Pond AP -49 will be approximately 874 which is 3' above its natural ground elevation. The Rahn Park alignment is preferred over the previous Cliff Road alignment because it is less costly (approximately $60,000 to $70,000). The cost savings is due to less trunk storm sewer pipe and significantly less excavation to construct the pipe (average cuts are 5'-10' deep compared to average cuts of 25' to 35' deep along Cliff Road). Pond AP -50 does receive direct runoff from the drivers training facility south of Cliff Road. Design considerations for Pond AP -50 assume 18 acres of direct runoff from the property south of Cliff Road. The remaining 35 acres will be ponded in the drivers' training facility and the WAYL property. Design considerations for Pond AP -50A, AP -SOB, AP -50, and AP -49 are listed below: ( Pond Direct Storage Outflow Description Area (acre -ft) (cu.ft./sec.) Pond AP -50B (Drivers' Training Center) 12.3 ac. 2.13 0.5 Pond AP -50A (Wayl Property) 22.9 ac. 4.71 1.0 Pond AP -50 41.1 ac. 9.2 3.64 Pond AP -49 24.6 ac. 9.95 2.75 EASEMENTS: Permanent and temporary construction easements will be required from Parcel 011-76 for the storm sewer north from Pond AP -50. It is assumed easements will not be required in the park. RPT49364 Page 2. (I SE 1/4, SECTION 30 Parcel 011-76 AREA TO BE INCLUDED: ASSESSMENT AREA SE 1/4, SECTION 30 Parcel 011-76 NE 1/4, SECTION 31 Parcel 010-02 Permanent Temporary Util. Easemt. Easement 0.21 ac. 0.83 ac. CONSTRUCTION AREA SE 1/4 , SECTION 30 Parcel 011-76 Rahn Park (Parcel 012-76) COST ESTIMATE: Detailed cost estimates are presented in Appendix A located at the back of this report. A summary of these costs are listed below: Pond AP -50 to AP -49 to South End Pond AP -25 $112,710 The total estimated project cost includes contingencies and all related overhead. Overhead costs are estimated at 30Z and include legal, engineering, administration, and bond interest. ASSESSMENTS: Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this re- port in Appendix B. These assessments will be spread over 15 years at an in- terest rate- based on the bond sale financing this project. RPT49364 Page 3. Storm sewer proposed herein is trunk. Therefore, it is proposed to assess those parcels shown on the attached drawing their trunk area storm sewer as- sessment. TRUNK RATES: Trunk rates in effect at the time of this report are as follows: Trunk Storm Sewer Single Family $0.056/sq.ft. Commercial/Industrial $0.079/sq.ft. REVENUE SOURCES: Revenue sources to cover the cost of this project are as follows: Project Cost Revenue Balance Trunk (Pond AP -50 to AP -49) $112,710 Trunk Area Assessment _ $ 78,009 TOTAL $112,710 $ 78,009 -$34,701 The anticipated project deficit is $34,701 which will be the responsibil- ity of the trunk storm sewer fund. PROJECT SCHEDULE Present Feasibility Report Public Hearing Approve Plans and Specifications Open Bids/Award Contract Construction Completion Final Assessment Hearing First Payment due with Real Estate Taxes RPT49364 Page 4. April 5, 1988 May 3, 1988 June 7, 1988 July 5, 1988 August 1988 September 1988 March 1989 APPENDIX A PRELIMINARY COST ESTIMATE POND AP -49 & AP -50 OUTLET TRUNK STORM SEWER IMPROVEMENTS PROJECT NO. 452 POND AP -50 TO AP -49 TO SOUTH END POND AP -25 250 Lin.ft. 15" RCP Storm Sewer @ 20'-30' dp. in pl. @$38.00/1.f. $ 9,500 1,650 Lin.ft. 15" RCP Storm Sewer @0'-20' dp. in pl. @ $26.00/1.f. 42,900 6 Each Std. 4'dia. MH w/cstg. @ $1,000.00/each 6,000 32 Lin.ft. MH depth greater than 8' dp. @ $60.00/lin.ft. 1,920 7 Each 15" RCP flared end w/trash guard @$700.00/each 4,900 50 Cu.yds. Rip rap @ $50.00/cu.yd. 2,500 LUMP SUM Clear and grub trees @ $2,000.00/L.S. 2,000 200 Sq.yds. Bituminous street repair @ $15.00/sq.yd. 3,000 4.5 Acres Seed w/mulch and fertilizer @$1,500.00/ac. 6,750 600 Lin.ft. Improved pipe foundation @ $2.00/lin.ft. 1,200 1,900 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 1,900 Total $ 82,570 +5% Contingencies 4,130 $ 86,700 +30% Legal, Engrng., Admin. & Bond Interest 26,010 TOTAL $112,710 RPT49364 Page 5. APPENDIX B PRELIMINARY ASSESSMENT ROLL POND AP -50 OUTLET TRUNK STORM SEWER IMPROVEMENT PROJECT NO. 452 A.) TRUNK AREA Parcel Area Credit Assessable Total Description (sq.ft.) (sq.ft.) Area Rate/s.f. Assessment SE 1/4, SECTION 30 Parcel 011-76 898,240 Pond 16,000 705,790 $0.056 $39,524 Street 20% NE 1/4, SECTION 31 Parcel 010-02 859,040 Street 20Z 687,230 $0.056 38,485 TOTAL $78,009 RPT49364 Page 6. RAHN ELEMENTARY SCHOOL EX. 12" °CLIFF LAKE I GALLERIA I STORM SEWER POND --.1 1.AP-25 I LPROPOSEC II STREET CEDAR. j CLIFF 1 - COMM. PK. 1 -- ADD. U N ADD.( 2 POND AP -50 011-76 CLIFF ROAD CO. RD. 32 NORTH 0 400 . 1 1 1 1 800 SCALE IN FEET POND AP- 49 & AP- 50 OUTLET TRUNK STORM SEWER IMP, PROJECT NO. 452 EAGAN, MINNESOTA BONESTROO. ROSENE, ANDERLIK & ASSOCIATES. INC. Consulting Engineers St. Paul. Minn. Date: APRIL, 1988 FIG. No. 1 l Comm. 49364 J JJ C. D R MARI 1t 411 LT _ t*tt ta • b Al tarvitmlincry 0 1000 2000 1 SCALE IN FEET 4i �,f3►d` i11�� 44, N ILIFF 1 2nd vi 1111111 E I t_[ CF DAR CLIr F .COMM PARK ARK IIIA 1III 111II G00\- IZAi IN PARK \\ �//'PROPOSED �� II, / STREET CLIFF RD. 41 O. •4 01.0° 44' 40 Oft 4tr'1' _T_ - APP 11_I11111 111 f)AKu1A COUNTY PLAT •1 «1� 111 ..��iE 04 -row \t1I'''i Ulll 11 / l: STORM SEWER ASSESSMENT AREA BONESTROO. 110SENE. ANDERLIK POND AP -49 & AP -50 OUTLET` & ASSOCIATES. INC. TRUNK STORM SEWER IMP. PROJECT NO. 452 • EAGAN, MINNESOTA Consulting Engineers St. Paul, Minn. Date: APRIL, 1988 SIG. No. 2 Comm. 49364 Advisory Parks and Recreation Commission Minutes of April 7, 1988 Meeting Page 10 RAHN PARK subject to approval Tom Colbert, Director of Public Works presented the Commission with the background information relative to the Rahn Park Trunk Storm Sewer Improvement project. Since this issue has been before the Commission in the past, Mr. Colbert felt it was important to bring them up to date on what has transpired and the reasons this issue is again in front of the Commission. During the construction of Cedar Cliff 2nd there were growing water levels in the ponding area (Pond AP -50) that did not have an outlet. The two existing office buildings that abut the west side of Pond AP -50 are subject to flooding due to rising water levels in the pond. In January, 1986 a feasibility report was prepared looking at various alternatives. One alternative looked at running an outlet north from the pond through the low part of Rahn Park and opposite Rahn school to carry the water. A second alternative which was previously preferred, suggested that with the development of Cliff Lake Galleria the possibility existed to run the line through a proposed street in the property directly east of AP -50, which is owned by Federal Land, and follow through across Rahn to Cliff Lake Galleria. The rezoning of this particular piece of property was denied thus the City was leery to proceed with this alternative. A third alternative would require an easement from the property owner east of AP -50 to run a line parallel with Cliff Road and north on the west side of Rahn Road, cross Rahn road to the east side of Rahn. At the hearing, the developer of the land did not want to grant the easement and refused to allow the draining to occur across his property. Because of the significant cost to consider running the line parallel to Cliff east and parallel to Rahn north until it could tie in with Pond AP -25 it was felt the best alternative at the present time both in time and money would be the first alternative in which the outlet to Pond AP -50 will be constructed through Rahn Park into Pond AP -49. Mark Hanson from Bonestroo Rosene Anderlik & Associates was present to further clarify the concerns and questions the Commission had relative to wanting to implement the thrid alternative which would run the trunk storm sewer through the Rahn Park area from Pond AP -50 to Pond AP -49. AP -49 is the pond in Rahn Park property and south of AP -49 is AP -50 which is the Advisory Parks and Recreation Commission Minutes of April 7, 1988 Meeting Page 11 flooding area that affected the Cedar Cliff 2nd Addition. Pond AP -26 collects run-off from 56 acres and then runs east to Rahn. Pond AP -25 will collect all the run-off from the Cliff Lake Galleria site. There is some sensitivity to Pond AP -26 near Rahn Elementary school since the elevation is 883.5 and the corner of the adjacent ballfield is 885, however there is only a 1.5 foot bounce in the pond. In pursuing the course of running the line through the Rahn Park area from Pond AP -50 to Pond AP -49, which would include a 15" pipe from area to area, there would be a need to remove some of the oak trees in the park area. If the line was run east on Cliff Road and north on Rahn along the proposed realignment the cost would be significantly more. For example, the difference in running the line through Rahn Park versus parallel to Cliff Road and Rahn Road would be $70,000. Another consideration the City has is that in running along Cliff and Rahn some of the cuts are as much as 40 feet, the cuts on the Federal Land property acre approximately 23 feet and the park area would require very little cutting. Member George Kubik expressed his concern that the Commission was again being asked to give up park area to meet the needs -of others. Wayne Sames asked Director Vraa if there was a plan to do trails through the woods at Rahn Park. Director Vraa indicated the process was more preservation at this point and that there were no plans at this time to develop trails_in.this location. an - cLandscape Architect/Parks Planner Steve Sullivan addressed the ponding water in the park as it relates to the loss of trees. He indicated there was not a significant impact on the existing ponds noting that one had a 1-3 foot bounce which is a natural bounce and :the other had a 1-6 foot bounce which will get into the poplar succession first and then move into the hardwoods. The area surrounding Pond -AP -49 will need to be reviewed to determine'the impact on the trees after the high water line is shown. -The department will have to review the issue as it presents itself. As part of the trunk storm sewer project the affected trees can be selectively eliminated. Steve Sullivan stated that Pond AP -26 has flooded the ballfield in Rahn Park butLa dike with a flap gate was installed Which seems:. to , have helpedthe situation to date. • The possibility exists -that' a, 1Z7"-i-extens-ion may need to ber,,addedi-too bring the water from AP -26 to AP -49 and this could be done at ,a later date. :c-- _ / r = Advisory Parks and Recreation Commission Minutes of April 7,1988 Meeting Page 12 Member Dick Carroll indicated that some times it's better to do what is good for the City versus what is good for an individual department. He questioned if Mr. Colbert would recommend adding a 27" line from AP -26 to AP -49 at this point in time. Ken Vraa stated it was hard to tell if that was necessary at this time, however, it could be an option at a later date. Mr. Colbert stated that the cost to the Park Department would be $30,000 to run this 27" extension. George Kubik commented that it appears as though we are substituting park maps for pond maps. He asked Mr. Colbert if they would consider replacing some of the trees that would be destroyed/removed during the construction of the trunk storm sewer line. Mr. Kubik suggested a small mitigation for tree replacement if the Commission decides to move to accept the proposal. Mr. Colbert stated that he felt the departments could work closely in insuring that the area would be restored as much as possible and would make a concentrated effort to insure that occurred. Mr. Colbert was questioned as to the trench width required for the piping. He stated the rule of thumb is that it should be twice as wide as it is deep, i.e. if the pipe needs to be buried 15 feet deep the trench width would be 30 feet. Dick Carroll moved, based on the significant financial impact, to accept the proposal for trunk storm sewer improvement Project No. 452 as outlined on Page 45 of the Commission's packet and recommend that the 27" line from Cedar Cliff Addition not be done at this time with a mitigation program for hardwood trees , construction restoration and enhancements surrounding the ponding area. The motion was seconded by Wayne Sames with all members voting in favor. George Kubic noted for the record that this action is not to be viewed as setting a precedent and the decision is based solely on this individual situation and was reviewed as such. Agenda Information Memo May 3, 1988, City Council Meeting PROJ 534/SANITARY SEWER LIFT STATION & POND RESTORATION B. Project 534, Sanitary Sewer Lift Station & Pond Restoration -- On April 5, the Feasibility Report for the above -referenced project was presented to the Council with theublic hearin being scheduled for May 3. Enclosed on pages through is a copy of the Feasibility Report ort for the Council's information and reference during the presentation by staff. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this project. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 534 (Blackhawk Pond - Sanitary Sewer Lift Station & Pond Restoration) and if approved, authorize the preparation of detailed plans and specifications. Report For Blackhawk Ponds Sanitary Sewer Lift Station Pond BP --29 Dredging Eagan, Minnesota City Project No. 534 March, 1988 File No. 49458 Bonestroo Rosene Maws Anderllk & Associates Engineers & Architects St. Raul, Minnesota IABones troo Rosene mum Anderlik & Associates Engineers & Architects March 31, 1988 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Otto G. Bonestroo, PE Robert W. Rosene. PE. Joseph C. Anderlik, PE Bradford A. Lemberg, PE. Richard E. Turner, PE James C. Olson. P.E. Glenn R. Cook. P.E. Thomas E. Noyes. P.E. Robert G. Schunicht, PE. Marvin L. Sorvala, P.E. Re: Blackhawk Pond Sanitary Sewer Lift Station Pond BP -29 Project No. 534 File No. 49458 Dear Mayor and Council: Keith A Gordon. PE. Richard W Foster, PE. Donald C. Burgardt, P.E. Jerry A. Bourdon, PE. Mark A. Hanson. P.E. Ted K. Field, P.E. Michael T. Rautmann, P.E. Robert R. Pfefferle, P.E. David O. Loskota, P.E. Thomas W. Peterson. PE. Michael C Lynch, PE. James R Maland, PE Kenneth P Anderson, PE Keith A Bachmann, P.E. Mark R. Rolls, P.E. Robert C. Russek, A.I.A. Thomas E. Angus, PE Howard A. Sanford, PE Charles A Erickson Leo M Pawelsky Harlan M. Olson Susan M Eberlin Mark A. Seip Transmitted herewith is our report for Blackhawk Pond, Project No. 534. report covers sanitary sewer lift station construction and pond dredging. We would be pleased to meet with the Council and other interested parties mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTROO,. ROSENE, ANDERLIK & ASSOCIATES, INC. / Mark A. Hanson MAH:li Approved by: Date: RPT49458 I hereby by me or u I am a under the This certify that this report was prepared nder my direct supervision and that duly Registered Professional Engineer laws of t State pf Minnesota. Date: ..s //G'L, Department of Pu..kc Works AL e Mark A. Hanson Reg. No./A6167 2335 West Highway 36 • St. Paul, Minnesota 5n3 • 612-636-4600 SCOPE: This project provides for the construction of a sanitary sewer lift :station to serve Blackhawk Ponds and a portion of the westerly adjacent prop- erty. Also, included is dredging of sediment deposited in Pond BP -29 located :,n the Blackhawk Ponds development. Blackhawk Ponds is located south of Blackhawk Lake, west of I -35E. FEASIBILITY AND RECOMMENDATION: The project is feasible from an engineering standpoint. The Comprehensive Sewer Policy Plan did not provide for a san- itary sewer lift station to serve this area. However, because the elevation of the existing trunk sanitary sewer along I -35E is not of sufficient depth to adequately serve the Blackhawk Pond development, a sanitary sewer lift station is required. The contract as outlined herein can best be carried out by com- 'Dining it with City Contract 88-13, Stoney Point and Blackhawk Ridge Trunk Utilities. DISCUSSION: Sanitary Sewer - This project provides for constructing a sanitary sewer lift station to serve 38 residential lots in Blackhawk Ponds and the surrounding land. The surrounding land includes approximately 20 acres immediately west of Blackhawk Ponds and Blackhawk Park located northeast of Blackhawk Ponds. The lift station will be capable of pumping approximately 100 gallons per minute. The sanitary sewer lift station is proposed as a wet well -dry well station. Also included is constructing a 4" diameter force main from the lift station to the gravity sanitary sewer as shown on the attached drawing. It is assumed for purposes of this report that electrical service will be provided by One Phase power. In the event Three Phase power is required, Dakota Elec- tric has indicated they will assess the City an additional $20,000 to provide RPT49458 Page 1. 30 this service. It is assumed the lateral gravity sanitary sewer will be con- structed privately by the developer. POND BP -2 DREDGING: The existing 42" RCP which inlets into Pond BP -29 has con- veyed a significant amount of sediment creating a delta at the existing flared end. This project provides for removing that sediment and disposing of it on the site. AREA TO BE INCLUDED: No assessments are proposed to be levied for this proj- ect. Therefore, the area to be included only includes the construction area. CONSTRUCTION AREA NW SECTION 21 Parcel 010-25 (Blackhawk Ponds) COST ESTIMATE: A detailed cost estimate is presented in Appendix A located at the back of this report. A summary of these costs are listed below: Sanitary Sewer Lift Station $122,790 Pond BP -2 Dredging 6,830 TOTAL $129,620 The total estimated project cost is $129,620 which includes contingencies and all related overhead. Overhead costs are estimated at 30% and include legal, engineering, administration and bond interest. ASSESSMENTS: No assessments are proposed to be levied as part of this proj- ect. Trunk area sanitary sewer was previously assessed for this area as part of Project No. 88. The dredging of Pond BP -29 will be the responsibility of the trunk storm sewer fund. As part of the development agreement for Black - hawk Ponds, additional assessments are proposed in accordance with present assessment policies. RPT49458 Page 2. 31 REVENUES: Revenue sources to cover the cost of this project are as follows: Project Cost Revenue Balance SANITARY SEWER LIFT STATION Trunk $122,790 0 -$122,790 POND BP -2 DREDGING Trunk $ 6,830 0 -$ 6,830 $129,620 The anticipated project deficit is $129,620 which will be the responsibil- ity of the trunk sanitary sewer and storm sewer fund. PROJECT SCHEDULE Present Feasibility Report Public Hearing Approve Plans & Specifications Open Bids/Award Contract Construction Completion Page 3. RPT49458 April 5, 1988 May 3, 1988 May 3, 1988 June 7, 1988 September, 1988 APPENDIX A PRELIMINARY COST ESTIMATE BLACKHAWI POND SANITARY SEWER LIFT STATION PROJECT NO. 534 SANITARY SEWER LIFT STATION LUMP SUM Sanitary sewer lift station @ $76,400.00/L.S. $ 76,400 800 Lin.ft. 4" DIP Force main @ $14.00/lin.ft. 11,200 1 Each Connect to existing MH @ $500.00/each 500 800 Lin.ft. Mechanical trench compaction @ $1.00/1in.ft. 800 0.7 Acres Seed w/mulch & fertilizer @ $1,500.00/acre 1,050 Total $ 89,950 +5% Contingencies 4,500 $ 94,450 +302 Legal, Engrng., Admin. & Bond Interest 28,340 TOTAL $122,790 POND BP -29 DREDGING LUMP SUM RPT49458 Dredge Pond BP -29 @ $5,000.00/L.S. $ 5,000 Total $ 5,000 +52 Contingencies 250 +302 Legal, Engrng., Admin. & Bond Interest TOTAL Page 4. 33 $ 5,250 1,580 $ 6,830 1 CEDAR GROVE NO. 8 e�4C 4kk �1 BLACKHAWK PROPOSED LIFT STATION PARK PROPOSED LIFT STATION PROPOS FORCE MAIN l) EXISTING dett, 1A 14" AN. EWER x.42"RCP4/24A, HIGH WATER 41R/ POND BP -29 5 EPSP / 36 EiS� PAF. OR/VF ` s11! SERVICE AREA DEERWOOD 01 -28 SAN. SEWER BY OTHERS BLACKHAWK PONDS SANITARY SEWER LIFT STATION POND BP- 12 DREDGING PROJECT NO. 53 4 DREDGE DELTA IN POND BP -29 AT 42" INLET Scale 100' 200 300 400' 1 Bon•stroo Ros.n• Anderllk 6 .. Assoclatss • En/tnoore i ArcAitoota XL PauLilmnotnas Date: March , 1988 Comm. 49458 f` Fig. NO. Agenda Information Memo May 3, 1988, City Council Meeting OLD BUSINESS GAMBLING LICENSE/ST JOHN NEUMANN'S KNIGHTS OF COLUMBUS A. Gambling License, Pull -Tabs at Richard's Food and Liquor for St. John Neumann Knights of Columbus --The St. John Neumann Knights of Columbus has presented the City with a gambling license application for pull -tabs at Richard's Food and Liquor. This application appeared on the April 19, 1988 City Council agenda. However, at the request of the City Administrator the item was pulled due to the necessity for additional investigation by the Police Department. For a copy of the application and recommendation of the Police Department, refer to the enclosure which is not given a specific page number. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the gambling license for pull -tabs at Richard's Food and Liquor as applied for by the St. John Neumann Knights of Columbus. (The minutes should carefully reflect the reasons for denial, stating the location at Richard's Food and Liquor and not the applicant, St. John Neumann Knights of Columbus). PRELIMINARY PLAT/CRYSTAL PONDS B. Preliminary Plat for Crystal Ponds/ASP Construction of 13.7 R-4 Zoned Acres for 137 Apartment Units and Variance for Cul -De - Sacs in Excess of 500 Feet --A public hearing was held by the Advisory Planning Commission at a regular meeting held on March 24, 1988 to consider the preliminary plat application for the Crystal Ponds Addition consisting of 137 rental apartment units on 13.47 acres located along the south side of Highway 55 just north of the Bur Oak Park area. The APC recommends denial of the applications. At the April 19, 1988 City Council meeting, this item was sent back to the Advisory Planning Commission due to the developer's request to revise the project by adding an additional road connection point to eliminate the request for a variance, reduction of dwelling units and additional screening and landscaping along the property lines of adjacent property owners. The Advisory Planning Commission again considered the proposal with the revisions at their meeting on April 26. The motion to approve this plat with additional conditions was deadlocked 3-3. For additional information on this item, refer to the revised Planningd Engineerin Department reports, a copy is enclosed on pages j 7 through If anyone wishes a copy of the previous planning report, please contact the City Administrator. Resolutions are being prepared by the City Attorney's office and will be distributed with the Additional Information packet on Monday. Agenda Information Memo May 3, 1988, City Council Meeting As stated with the April 19, 1988 City Council packet, the Parks and Recreation Commission met on April 7, 1988 and are recommending that the plat be subject to a cash dedication requirement. For a copy of the action that was taken by the Planning Commission at tyliei March 24 *also also the April 26 APC meetings, refer to pages `1 through c�9 One additional consideration that should be noted as a formal condition, is a concern that the developer adhere to construction standards to mitigate airport noise that are defined by City policy. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the application for preliminary plat as revised and entitled Crystal Pond Addition, consisting of 137 rental apartment units of 13.47 acres located adjacent to Highway 55 just north of the Bur Oak Park area. *SPECIAL NOTE: Enclosed on pages S0 through 3<-7-1 is a copy of a petition received from adjacent property owners. MEMO TO: DALE C RUNKLE, CITY PLANNER FROM: JIM STURM, PLANNER I DATE: APRIL 25, 1988 SUBJECT: CRYSTAL PONDS ADDITION j At the March 24 Advisory Planning Commission meeting, this item was unanimously denied for a variety of reasons, including the need for a cul-de- sac in excess of the the five hundred feet permitted by Code, the traffic on Highway 55, the single access to the site, and the close proximity of the single-family homes to the south. The Council at the April 17 meeting referred this item back to the Advisory Planning Commission prior to any formal action since some modifications to the plat were being proposed by the developer in response to the Planning Commission's concerns. All property owners within three hundred fifty feet have been notified that this item has been scheduled for the April 26 meeting. As an "Old Business" item, it has been scheduled for the May 3 City Council meeting. Proposed Changes 1. Buildings 6 and 7 of the original plan have been eliminated (a reduction of sixteen units) and all property line setbacks meet Code requirements. 2. A secondary access has been provided and the cul-de-sac length has been shortened to approximately five hundred feet. 3. Building setbacks along the southern property line are at least fifty feet (thirty feet required) and a six -foot -tall wooden fence is proposed along the western and southern property lines. Enclosed is a copy of the original site plan and the revised plans. All conditions of the previous staff report still pertain except for the need of a cul-de-sac Variance. Engineering Comments The items of concern identified in the March 15, 1988 report have not changed as far as grading, drainage, erosion control, utilities, easements, ponding area, and assessments are concerned. The proposed street grades meet City Code requirements. Two access points onto the frontage road along Trunk Highway 55 do not cause adverse traffic circulation concerns. The total number of trips generated by the site is not dependent upon the number of access points. The details of the proposed retaining wall construction were not proveded for review at this time. These design details are required on the proposed grading plan.- Planner lan. Planner 1 Enclosure JS/mc 1pg PHONC PIA • , APR 22 '88 14:51 PARKO/F ARGO PAGE . 02 '441% N k4 i NINIMP11.11 1 i 1 PI 01 , v _ .L _ •.• '91.' rns- .7A WV/i (k) .23pid RECEIVED APR 2 2 1938 APR 22 '88 14:51 PARKO/FARGO PAGE.03 1' / t 1' 44 .t- r• j. Ti 1 11,4: II "1°1 / / ;6' 17f71; i* 1 ''' 1 . 1 —: III - 7 —1---' I 'C 'LW 17,n. .7/7 1 I • I L RECEIVED APR 2 2 19 PARv,GfFARGO APR 22 '88 14:53 PARKO/FARGO 111 1 4 PAGE.05 -6- s_ I 171 lf 44 fll )1; 01110 11 -- 1• .00 iIRI' woo 1.?17i 7V 17, 'fr.' I nie.v.i.v.)=711 MIL Pk: ON 'U Q1? 107 iCt 1 I I I 1- 1 RECEIVED APR 2 2 13 APR 22 '88 14:54 PARKO/FARGO • 4 t / .1.44‘ &TM WIWI4,140 • le/ 4 IrolliaAtikr es 410 40 fsno • ••••,442. 0.•1 31.....7) icon ..•& s. tlta, 1! IL te, 04NVol,mw....=.10" awe ai am& 44 I IN • 0 • MI6 •••la 1. .•••••• , tqa • Yell) 3.0.,.• CV t 1g • lit" 04, WU' t! ..r4t *4* ••• Mortiommi 111 1 111 10. 1— L-----_/ Ni RECEIVED APR 2 2 1038 MINUTES OF A REGULAR MEETING - EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA APRIL 26, 1988 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, April 26, 1988 at 7:00 p.m. at the Eagan Municipal Center. Present were Chairman Pawlenty, Members Garry, Voracek, Miller, Graves, and Wilkins. Absent were members Merkley and Trygg. Also present were City Planner Dale Runkle, Assistant Planner Jim Sturm, Assistant City Engineer Mike Foertsch and Assistant City Attorney David Keller. MINUTES Voracek moved, Miller seconded the motion to approve the minutes of the meetings of March 22, 1988 and March 24, 1988 as prepared. A1:L voted yes, except Wilkins who abstained because she was not present at both meetings. All voted in favor. AGENDA Chairman Pawlenty noted that the O'Neil site was not on the agenda and that item G, Eagandale LeMay Lake 3rd Addition was being continued at the request of the developer. It was also noted that item I, Lexington Addition, was to be continued and verification obtained from the developer that the continuance was at the developer's request. Wilkins moved, Garry seconded the motion to approve the agenda with the deletion of items IV.G and IV.I. All voted in favor. CRYSTAL PONDS - PRELIMINARY PLAT The first public hearing of the evening was convened by Chairman Pawlenty in regard to the application of Asp Construction for preliminary plat of 13.7 R-4 (Multiple) zoned acres for 121 apartment units located south of Highway #55 in the north half of Section 12. Mr. Sturm introduced the project and advised the Commission that this item had been previously heard by the Commission and recommended for denial to the City Council. Due to revisions that are proposed by the developer, the City Council had requested that the item be reheard by the Advisory Planning Commission. Mr. Sturm then reviewed the notification process and the changes to the proposal. 1 APC Minutes April 26, 1988 Mr. Richard Asp, President of Asp Construction, advised that the development had been reduced from 137 to 121 units, resulting in 8.6 units per acre density. Further, an increased setback had been provided to the south, and in addition to two accesses to the proposal. It was the developer's position that the connection of the two cul-de-sacs resulted in cul-de-sacs which did not need a variance. In response to member Voracek's concerns, it was indi- cated that the two access points were approximately 150 feet apart. Mr. Don Chapdelaine, 575 Chapel Lane, advised that landscaping, including trees, were needed as a natural barrier to the proposal as the fence would not always remain in excellent condition. He suggested that the exterior of each building should be constructed of brick to ensure quality development and low maintenance. He also requested information as to the height of the buildings adjacent to Lots 9 and 10 along Chapel Lane. Mr. Jerry Growth, 642 Rita Court, indicated that the service road providing access to the property did not meet City Code. In his opinion, a major accident was likely to occur with additional traffic on this road. Ms. Sharon Manninen, 624 Sally Circle, expressed concern that the service road could not be upgraded to a width to handle the proposed traffic. She also suggested that the State would not allow a third traffic light at the access point onto Highway #55, thus creating a dangerous situation. She requested that members walk through the site and stated that parks in the area have not been upgraded. Ms. Kathy Brazeau, 3239 Random Road, expressed her concern in regard to this development. Mr. David Roe, 3216 Random Road, suggested that the City of Eagan should consider exterior requirements for multi -residential buildings to ensure that low maintenance materials are used throughout the City. Mr. Dwight Larson, 3225 Random Road, expressed concern in regard to traffic and suggested that the frontage road could not be widened. He theorized that additional traffic would mean that existing residents would not be allowed to park on Random Road, thus creating an additional burden on those residents. Mr. David Manninen, 624 Sally Circle, noted that the Bur Oak development had been proposed for higher density residential and after complaints bytheneighbors was now a high value single family development. Mr. Dan Boche, 611 Sally Circle, questioned whether the developer intended to dump snow from plowing onto the pond. 2 AVI.; minutes April 26, 1988 Mr. Doug Witt, 535 Chapel Lane, suggested that the cul-de-sac be moved closer to the pond to create a greater buffer to the residents to the south. Mr. Sturm noted that the building was proposed up to the ponding easement area. Mr. Gary Stofferahn, 607 Chapel Lane, indicated a 6 foot high fence was not high enough and would only create a danger to children who would think they could climb the fence. Mr. Don Tietjen, 555 Chapel Lane, noted that airplane noise is a serious problem in this area and that the City would now have to deal with the complaints of an additional 121 household units. Mr. Kevin Schaaf, 646 Rita Court, suggested that this area was late in being plowed for snow, which would now be a problem for an additional 121 residential units. Mr. Gary Gandrud, the attorney for the developer, advised that the property could not be reduced in density due to the price paid by the developer. He indicated that the developer had already deleted $800,000.00 in apartment units with the last revision, in addition to increased street construction, resulting in a alleged outlay of $1 million. He advised that the Royal Oaks apartment complex was a $15 million investment on the part of this developer and was well maintained. He stated that the exterior of the proposed development met City Code requirements. He suggested that br:Lck in other cities applied to commercial developments. He noted that snow would not be stored on the pond as the revised plat contained more snow storage area. Mr. Pawlenty questioned who would be using the interconnecting road between the cul-de-sacs. Mr. Asp and Mr. Gandrud suggested that the residents might use the road, but more importantly, emergency vehicles would be provided with an alternate entrance to the cul-de-sac areas. Member Wilkins questioned the responsibility for the frontage road, along Highway #55 which Mr. Foertsch said had been conveyed to the City by the State. He advised that the road did need upgrading but there was no time plan to implement at this time. Mr. Foertsch advised that the City's traffic engineer had reviewed the proposal, indicating that the additional access did not have a significant impact in regard to the 300 additional daily trips to be created by this development. Member Wilkins noted that the R-4 zoning was in place but that the City could try to make sure that the best development possible was constructed and that the road be upgraded. Member Miller noted that the contour of the various properties would not allow a fence to obstruct the view of the apartments from the single family residence. 3 APC Minutes April 26, 1988 Member Voracek questioned the height of the building facing the single residents to the south which appeared to be approximately 30 feet in addition to the grade differential. He suggested that the portion of the frontage road between the two accesses onto Highway #55 should be upgraded at the cost of the developer. It was noted that the Parks Department would address the parks issue at its next meeting. Mr. Asp advised that the exterior of the building would consist of low maintenance vinyl siding with aluminum soffits, facia and windows. Mr. Runkle advised the Commission that staff was in the beginning process of reviewing Ordinances in other cities in regard to exterior materials requirements on multi -residential units. Member Miller inquired of the developer as to whether he would voluntarily upgrade the exterior. Mr. Asp indicated he would research the issue through a market analysis to determine if the improvement could be justified in future rents. Member Miller suggested that a 40% to 60% brick use might be appropriate. In response to Mr. Graves' question, Mr. Asp advised that a professional management firm would manage the property. Member Voracek indicated that he took exception to the developer's attorney's letter indicating that the zoning could not be changed. He suggested that a "buy -down" of zoning may be something that has been used in other areas. He noted that the cost would be significant and that the surrounding citizens would have to expect to participate. Wilkins moved, Voracek seconded the motion to recommended approval of the preliminary plat, subject to the following conditions: 1. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service 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. APC Minutes April 26, 1988 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 5. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 6. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 7. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 8. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. 9. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. 10. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 11. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 12. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. 13. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 14. One covered parking stall shall be included with the rent. 15. All trash shall be contained in each unit (garage) until the day of pickup. 16. No encroachment into Pond GP -3 will be allowed. APC Minutes April 26, 1988 17. An easement for ingress and egress across the proposed Development providing an alternate point of public access to the westerly adjacent property is required. 18. The development is required to provide public utility extensions to its westerly boundary. 19. Water well to be properly abandoned pursuant to State guidelines. 20. Any septic tank will be properly abandoned. Wilkins and Graves voted aye; Garry, Voracek, Miller and Pawlenty voted nay. Voracek then moved to recommend approval of the preliminary plat subject to the conditions in member Wilkin's motion, in addition to a condition that the service road be upgraded with the recommenda- tion that the developer bear the cost of the upgrade based upon the developer's creating the need. The upgrade would be between the two accesses on Highway #55 to address the severe traffic safety problem presented by this proposal. A second condition was added that brick exterior of 40% to 60% be considered pursuant to the developer's stated agreement to research the subject. There was three members in favor and three members against. The commission then recommended that the item be forwarded to City Council without recommendation. BREEZY OUTDOOR ADVERTISING - CONDITIONAL USE PERMIT The second public hearing of the evening was called by Chairman Pawlenty in regard to the application of Breezy Outdoor Advertising for a conditional use permit to allow a billboard advertising sign along Highway #494 on Lot 14, Block 1, Eagandale Center Industrial Park in the northwest quarter of Section 3. Mr. Sturm described the proposed sign to be 672 square feet on each side for advertising purposes. He noted that the City had received a letter from Opus Corporation indicating their opposition. He also noted that a conditional use permit for a sign had been denied in the past by a Resolution of the Eagan City Council. Ms. Paula Schoven of Breezy Outdoor Advertising, indicated that she was not aware of the previous denial and suggested that the sign met the objective standards of the City Sign Ordinance. She stated that there were businesses in Eagan that would like to pull traffic off of #494 to their establishments. Per her request, Mr. Pawlenty read the Resolution approved July 15, 1986 which included the following reasons for denial at that time: uT r. i t ; Administrator, Tom i !� e l., Mayor, '.J i s E 3 i I orl City =arc Member= _ _ _ _ on 38, Lot and Northeast cue ter i:+ Section 12, Block , Lot (property in Dakota Count`, fili rr.=_n'.. F ~.-.:i::{ described as follows: L_r-'.--r_ south of Highway 75 th --ie1/2of -,e't -;r; . =.i; referred tc' as ASF Construction - rl: !, ,1 d. i_=nt h_ ,to! 'ice FeEidehts, _ r'_ _ _ _ r. '_ _ family cei4Ie- 1 i' -g., respectfully recue.iit the _7itY of E___:r. = consider t':%E do -_ _ I n ' of the above named _, p r .. , from -4 to ice. -1 +or• the + o1 _.Jing rea._o„a. .Jheh __ ..=r._ _ =.re_ _d in _ art earlier the .. - -r er!t.'.=._ zoned : rr. _u . T':r = . The p 1 tr _ y., wa= i e- t - -. - } s _ :'-i e t i , . thel I d - , _ 1 = . = . the rl '_ !T; _ :duet= :'Jere not even acre that tree =or,., =h .ri_o_ had taken :lace '_M7C after the act. strohdl/ _ =nirt^a would be mu:_„ more _=mr.'=t it i = with tri e:'.i _t;n`, e.,oI_ famiiy detached '_ _.no .n the •a•r'-a immediately s.dJacent t_ the a.r'ea Question. The homeowners are concerned about the impact :f a.ddi t . orla.l traffic car the ser. Ice road a.i crii the south 5 i de ='f i1 i "i1h;1.a;r a.i c' about trl= impact of more tr-_••tff i - -'r the e:.. _ti _ area streets (mainly Random Road and Chapel Lane). It .,.._ teen estimated, b:. the City, that i,ith the addition :+ R-4 bui idind c'n said pr_pe'-- .,,ere .Jcu1d be _.n additional 00 motor ven i c l e trics rr _ r. day 3.1 _nq ri-•: , _ Eii i _ =. l;' and only 22 foot Witte road. Since the service road in question is bordered by private property on one 31(south) and _ v raI ra Qe ditch +' r Hi y r w= . _c on thee other side .,north), it i= di f f i cul t +c'r us to comprehend hc'•.':S it could adeQuetly be widened to accommodate the additional traffic na.t i = projected. Je also feel that the would be a dr'e.a,t traffic hi.wzzart for :.rl, additional traffic that would go immediately from this service road 3.r•__. out to Hidhway 5 End into orconlirlc traffic. Please note that residents use . I: service road for ❑ iti nal ria.r'i;.,rI' q as many of their driveways - r e small. t -is residents a n ,-d homeowners I?J e would also str'oni_ly c'p '__= ria.':!. ni_ to pay forimprovements and up'cr'ad i nc of tri i e- i _':.d to serve any R-4 development in the S� The res,cents e_ --.tom == the addition would Or , sports _. _ ! i - ' _ _ ='__Q. _ :i. The:jr= a tot :='t i.:.il tr! =.'I need o+ ._1 _ e ho - _ _ c=urt=, or ifootba; and ,,- o u ri ,; adults. streets. ...,_:r_ chi the area -rel cr: _ = r ' ri e '_ about number i1+ you rig. There are in the area to rent Eurr Oak r! °_ - 7i i_ r r. _ _ — theY all diamonds. i. o_cer The neighborh 'gran in the s tain disaster. the in -:tux ux on population ng =h i 1 IJr- -n that an .-4 n t - _ �j. v _ -� 'J e �. �_ park ac: - 1 childreh hapoy_-t Park I _ not much; ice: : r e than riounc. and slide already teen remo%,ed.) basketball courts. tenni c r. the older children ood children r:c,:. ,:.•,.a..y in t!he }___-_ and more trek ++ : in not_. On M.a.r•c'-i 10, 1?S6, the residents sent a letter _ut inin n iJ r = .. _ = , , . = rec,ardinci t -l i = prC:S7tY t c' Mayor Bea _ h !J , __ 'I t =.oar City 1x1 i . q and Planning _ rmi c=i�In 1 n- e, _. _ II miOur concerns or _.dire__ed. _ .•)C1_ appreciate this to r'ePTSerr!:_.er- us in tr(I= ccr'r!ei' c't Eac;_.rl and {; tl e r P neve, =. c k rl i !w 1 e d :-1 e d Council tr-' i nl to help us out. e ,,e&e f ?7-& i PI 9-5 -•)921 / X►rt 2r 2/-y-0 D 6 V /P.4.4 c/SY-3Lti cF /7-4_j�; _ / (16- a- O 3 2 2 Doi" R0 RAphoOM1 RD, �� ?7 7 PK t) rCP cvsq-Fo) c th i s R��� , ,plus c moi') n d/CPG S_S Ss G s r c ;' , l 'r'4'711 4-779`r • c/ E� -�� - .,-4rito ��///? / H/ , .. A 1 li is ‚4, 7 . JI #' .0.241411 ' QI Li 5 - 5 e) -a 1/ ) /- -c7 cells— 11 4)Zeit. ki tse. 2 / i , / 61 . ,./5S7L3--i J i ., .1Y ' W(L2'..24-L-i i 1,aLlux-eil J - g c2i L - L _,X. -r: ,:<_1_,t,, • ‘,2i .., .',.,-z,.1. & , 1 --Th : /C_:::,2 "./1 p (__-7 / 7 1 ,-5, ,„--/ /r$/ ...) ,,,,,,, ,---) 2:71/5 .i ,1 0( ,c Ly - „4 ( .! / • 44- -4 -'-'7 7 .. 7 -.•.- / __ V_,!--- (.4,7 IL(41z4 6-6.2. ,Z 1:;:(--- /7 _777 '7-.5-'(- - , - , , • - 41 --E 4e4Let , ,3 7,3 --Pa: ,_,L),!,_,- /4-(// • 1 — • _. At10 . i IP 3 3 1' tt, 2 ( / 4_)-'t GA. et -1/ .11 tI .5.45Qq._Laen_Ht c-- .4-- , „ ("'" f / Lft 1 , O 4 1 (Lc. (,.Aj.a. (‘, -//4t- //-41 (-16-1(fit, 1_6 (% 5.Jty Cr-. i e 6 6 7 4/51/- 7'4173 Agenda Information Memo May 3, 1988, City Council Meeting PONDVIEW ADDITION, REZONING C. Discussion Regarding Rezoning for Pondview Addition --During 1987 a planned unit development zoning was approved for several properties and in addition to that approval a preliminary plat was authorized for Fairview to construct a medical facility. One of the parcels approved in the PUD zoning was TXI, and to date they are not a willing signature of the PD agreement. Without their signature there is not a valid PD and, unfortunately, Fairview cannot obtain permanent financing without an affidavit of zoning. Since Fairview was granted a grading permit and foundation permit they can proceed with their project while the City proceeds with a modification of the Pondview planned development zoning. Refer to page 5 ' for a memo from the City Planner that outlines a procedure for revising the planned development zoning for all parcels with the exception of TXI. ACTION TO BE CONSIDERED ON THIS ITEM: To initiate the zoning amendment process and request that a public hearing be held before the Advisory Planning Commission at their May 24 meeting for consideration. MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, CITY PLANNER DATE: APRIL 29, 1988 RE: PONDVIEW PLANNED DEVELOPMENT UPDATE Since the April 19, 1988 City Council meeting, staff has initiated a number of meetings with representatives of Fairview and TXI First Bank which presently holds the multiple property. At this meeting, there were some concerns regarding the conditions of the Planned Development Agreement. It was the direction of the City Council to uphold this agreement and allow Fairview to begin construction through issuance of a building permit. It was hopeful that all property owners would be in agreement with the PD agreement. As a result of numerous meetings and phone calls, it appears that Mr. Cornwell, Fairview Ridges, and the Reids are in agreement with the Planned Development and will sign. However, TXI First Bank Mpls. does not agree with the conditions of the agreement. They are in agreement with the zoning concept and to allow Fairview to begin early construction, however they cannot agree to Paragraph 12 which is the timing of the final portion of the development. It has been the conclusion that an agreement cannot be reached between all parties and the planning department has informed all affected property owners that this item will be discussed on May 3 to initiate a new plan which would eliminate TXI property and the road access going south from Duckwood Drive. Staff has conveyed to TXI and Fairview, the revision of the proposed new Planned Development. If TXI will not sign the agreement, this new plan should be initiated by the City Council at the May 3 meeting so a new hearing can be held on May 24 by the Advisory Planning Commission to be reheard by the City Council on June 7, 1988. Hopefully, this expedites the zoning needed for Fairview and still protects the original intent of the Planned Development Agreement. This should bring you up to date regarding the status of the Planned Development. If additional information is required, please advise. DC R/ j s 6c- Agenda Information Memo May 3, 1988, City Council Meeting CONSIDERATION OF LEGAL SERVICES D. Consideration of Legal Services (General, Special Projects and Prosecution) --Action was taken at the February 2, 1988 City Council meeting to request proposals for legal services to include general/city attorney, special legal projects and prosecution. The City Administrator prepared the RFP, held a bidders conference, analyzed all the proposals and presented five (5) law firms to be considered as city attorney and three (3) law firms for the consideration of prosecution services. The five (5) firms under consideration for general/city attorney and a part of the special legal projects were interviewed on April 12, while the three (3) firms under consideration for prosecution services were interviewed the following evening, April 13. At the April 19, 1988 City Council meeting, a direction was given to the City Administrator to contact references for the finalists as directed by the City Council and present the information and a written memo for consideration. A memo is enclosed containing all the reference checks without page number for Council review. All law firms that are under consideration were sent a Tette acknowledging the continuance, a copy is enclosed on page 3br for your review. ACTION TO BE CONSIDERED ON THIS ITEM: 1) To designate a specific individual for city attorney and that law firm for general legal services, 2) to designate a law firm or law firms for special legal projects and 3) to designate a specific individual and law firm for prosecution services. If a new law firm is selected for any of the above services, the City Administrator will be directed to finalize a contract and prepare a memorandum of transition for future review and consideration by the City Council. It is believed that if a new city attorney is designated, they would begin serving at the next regular City Council meeting which is scheduled for May 17, 1988. If the City Council has any specific directions regarding the transition, they should be stated to the City Administrator for his coordination. SPECIAL NOTE: Paul Hauge contacted this office and is suggesting the City Council give consideration to a clear division of legal servi es. Please refer to the attachment enclosed on pages through Lop . 61'1 city of eagan 3830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN, MINNESOTA 55121 PHONE: (612) 454-8100 April 22, 1988 STEVEN C SMITH SMITH FISHER MARKET PLAZA 732 WEST 66TH STREET RICHFIELD MN 55423 Dear Mr. Smith: VIC ELLISON Mayor THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk The Eagan City Council held legal consultant interviews on April 12, 1988 and April 13, 1988, as had been tentatively scheduled. The Council was also scheduled to desginate those consultants chosen for city attorney and prosecution services at the City Council meeting on April 19, 1988. However, the City Council took action to further research those firms being considered as finalists. It is the City Council's intention to choose the city attorney artd prosecution consultants at the May 3, 1988 City Council meeting. Once this action has been completed, the City will inform all of the legal firms who submitted a proposal of the City Council's decision. I apologize for any inconvenience this delay may have caused and thank you for your interest in working with the City of Eagan. Sincerely, Thomas L. Hedges City Administrator TLH/SM/j eh THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY HAUGE, EIDE & KELLER, P.A. J'lttorneys at =Caw TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 1260 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55123 (612) 456-9000 April 28, 1988 TO: Tom Hedges PAUL H. HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN DEBRA E. SCHMIDT THOMAS P. LOWE RE: Services of Eagan City Attorney I have talked with you about a proposal for division of the civil functions for the City Attorney and the following is our suggestion. We would propose that our office continue in the role of counsel for the City covering general civil work and one or more firms be chosen to handle special counsel duties. This proposal is based upon our experience, our ready access to City legal files and documents, efficient handling of City legal affairs, and willingness to offer prompt and capable legal advice. The breakdown of general and special legal counsel would follow these basic guidelines: GENERAL LEGAL SERVICES: 1. Attend City Council meetings; draft minutes 2. Attend APC meetings; draft minutes 3. Attend staff/developer meetings as called 4. Review Council and APC packet material and anticipate legal issues and advise Staff, APC and Council 5. Prepare proposed Resolutions for APC and Council 6. Prepare opinions requested by Staff and Council eg. zoning, platting, procedural issues, etc. 7. Draft and review miscellaneous agreements - Planned Development - Development Agreements 8. Easement vacations - prepare and record documents 9. Parks - Handle acquisition of park land - Title review and closings - Draft easements for trails, etc. - Prepare and review agreements Mr. Tom Hedges Page 2 10. Improvement Projects - Prepare notices for hearings - Assist in assessment process - Negotiate easements - Assist in bond transcript preparation - Attend Assessment Committee meetings - Handle assessment objections and appeals - Process condemnation actions 11. Miscellaneous Lawsuits - Monitor lawsuits commenced by or brought against City - Refer claims and complaints to liability carrier - Negotiate insurance defense coverage - Handle litigation or assist special counsel when requested 12. Draft and revise ordinances 13. Review contracts for goods, services and public improvement projects. SPECIAL LEGAL SERVICES: 1. Bond Counsel - G.O., TIF, Industrial Revenue Bonds 2. Miscellaneous Lawsuits - Commence actions directed by City - Defend actions not covered by liability carrier 3. Personnel Issues - Handle labor disputes - Personnel disputes 4. Miscellaneous Legal Advice - Act as advisor on specialized legal issues as requested 5. Environmental Issues - Act as advisor and litigator if requested by City 6. Cable TV - Handle legal cable TV issues for City By: HAUGE, EIDE & KELLER, P.A. Agenda Information Memo May 3, 1988, City Council Meeting CONSIDERATION TO SETTLE O'NEIL ZONING ACTION E. Consideration of Settlement of O'Neil Zoning Action --The City Attorney is requesting that the settlement of the O'Neil zoning action be placed on the agenda for finalization. A letter from the City Attorney's office outlining conditions of the settlement is enclosed without page number. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a final settlement agreement for the O'Neil zoning action. Agenda Information Memo May 3, 1988, City Council Meeting NEW_BUSINESS LAFONDA DE ACEBO MANAGER'S LICENSE A. Manager's License for LaFonda de Acebo--The City has received an application requesting a change in the designated manager for the LaFonda de Acebo restaurant. The new manager is Timothy Carl Cradle and according to Administrative Captain Pat Geagan of the Police Department, an investigation has been completed and there is no reason to preclude Mr. Cradle from consideration for a manager's license as requested. For a copy of the personal information and other pertinent data, refer to the enclosed forms. The City attempts to recognize the data privacy of each applicant and, therefore, there are no page numbers referenced for the application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a Manager's License for LaFonda de Acebo in the name of Timothy Carl Cradle. Agenda Information Memo May 3, 1988, City Council Meeting MODEL HOME PERMIT/AL HERMANN CONSTRUCTION B. Model Home Permit for Al Hermann Construction, Lot 2, Block 2, Fairway Hills 2nd Addition --A model home permit application was filed by Al Hermann Construction for Lot 2, Block 2, Fairway Hilts 2nd Addition. The permit meets provisions set forth in the City Code pertaining to model home permits. The Engineering Division has some concerns about beginning development on the second phase until certain first phase requirements are resolved. However, if the model home permit is approved, all code requirements in Section 13.20, Subdivision 1, shall be adhered to. ( �^ Enclosed on pages_ r4 and 1p > are copies of the letter of request from Al Her ann Construction and a map showing the proposed model home location. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the model home permit for Al Herrmann Construction for Lot 2, Block 2, Fairway Hills 2nd Addition. (�3 IMMO. HERRMANN CONSTRUCTION INC. "QUALITY BUILT.HOMES" APRIL 25, 1988 CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 TO: MAYOR OF EAGAN AND CITY COUNCIL, AS THE OWNER AND DEVELOPER OF PHASE II FAIRWAY HILLS, I AM FORMERLY REQUESTING PERMISSION TO BUILD A MODEL HOME IN THE YET UNFINAL PLOTTED PHASE II OF FAIRWAY HILLS. OUR FINAL GRADING PLAN HAS BEEN SUBMITTED. CORRECTIONS HAVE BEEN MADE, AND WE ARE, AT THIS DATE, UNDER THE IMPRESSION FROM CRAIG KNUTSON, THAT PERMISSION WILL BE ISSUED SHORTLY. PROBE ENGINEERING IS COMPLETING THE CHANGES FOR UTILITIES AND WILL BE RE -SUBMITTING THEM SHORTLY, AT WHICH TIME WE WILL BE MEETING FOR OUR DEVELOPMENT AGREEMENT. OUR CURRENT MODEL IS SOLD AND WE NEED TO START OUR NEW MODEL. WE WOULD APPRECIATE YOUR APPROVAL TO START PRIOR TO FINAL PLAT APPROVAL. INCLOSED, ARE OUR PLAN COPY, DETAILED LOT SURVEY, AND AN 81 x 11 OF THE PROPOSED PHASE II OF FAIRWAY HILLS. LY RMANN Al Herrmann Construction 8723 Highwood Way Apple VAlley, MN 55124 8723 Highwood Way • Apple Valley, Minnesota 551 4 • Model 688-0597 • Evenings 431-1455 MODEL HOME PERMIT/NEW HORIZON HOMES C. Model Home Permit for New Horizon Homes for Boulder Ridge Townhome Lots 1-4, Block 1 --An application for model permits has been filed with the City by New Horizon Homes for Boulder Ridge Townhome project on Lots 1-4, Block 1. Enclosed on pages -7 through _�p�L is a letter from New Horizon requesting the model home permit. Also enclosed is a copy of the location map. If the model home permit is approved, all code requirements in Section 13.20, Subdivision 1, shall be adhered to. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a model home permit for New Horizon Homes for the Boulder Ridge Townhome project on Lots 1-4, Block 1. NEW HORIZON NEW HORIZON HOMES, INC. P.O. BOX 1367 MINNEAPOLIS, MINNESOTA 55440 473-4055 April 27, 1988 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Plat of Boulder Ridge Eagan, Minnesota Dear Mr. Mayor and City Council Members: New Horizon Homes, Inc. respectfully requests permission to start a model home at its Boulder Ridge Project prior to final plat approval. Unforeseen circumstances have prevented the final plat approval to be heard on the agenda for the council meeting May 3, 1988. New Horizon Homes does intend to have final plat approval on the agenda at the next earliest council meeting. We are requesting permission to do a model home complex to take advantage of the sales potential at this time of year. This complex will not be for sale until the rest of the project is sold out. Your cooperation in this matter will be deeply appreciated. Very truly yours, C 714.40 John C. Madison President New Horizon Homes, Inc. JCM/ldl Agenda Information Memo May 3, 1988, City Council Meeting CONDITIONAL USE PERMIT/BREEZY OUTDOOR, INC. D. Conditional Use Permit, Breezy Outdoor, Inc., to Allow a Billboard Advertising Sign Along I-494 on Lot 14, Block 1, Eagandale Center Industrial Park --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on Tuesday, April 26, 1988 to consider an application submitted by Breezy Outdoor Advertising for a conditional use permit to allow a billboard advertising sign located on Lot 14, Block 1 of Eagandale Office Park. The APC is recommending denial of the conditional use permit. Please note that the City Council on July 15, 1986 similar request on the same lot along the south side of For additional information on this item, refer to the Development Department report, a copy is enclosed on through 73 . For a cop of the APC action, pages through 7_S. denied a I-494. Communit pages' refer to those minutes found on ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny conditional use permit for Breezy Outdoor, Inc., to allow billboard advertising sign along I-494 on Lot 14, Block Eagandale Center Industrial Park. a a 1, F1,nn Nunn .D^.^ 40e4M(4� (yNNN ... *1 a O. 0101 9,0,0.0*... , O,O.0 OS 00.0 0. 1 ■ ■ ■ 111111 WO ■ 1 8 ...NTf n.NTV •.NT4 -C. 0000 J J J J J J J J Lai JJJJ 0 0 €5u Y A M O C >> 1.00° -40.0g N— 0 0 C m » O. Y 0 0 0 0 0 00 Proposed Garage Floor Elevation: Proposed lowest Floor Elevation: 5 W tb 0 0. v Y a i ASSOCIATES, INC.. t 0 O M k 0 • Q N W %, (3144.o c0Ce •eF, Oe rN W N • 2 ammo 1501 0.000‘ CITY OF EAGAN 1 SUBJECT: CONDITIONAL USE PERMIT (BILLBOARD SIGN) APPLICANT: BREEZY OUTDOOR ADVERTISING LOCATION: LOT 4, BLOCK 1, EAGANDALE OFFICE PARK EXISTING ZONING: LI (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: APRIL 26, 1988 DATE OF REPORT: APRIL 13, 1988 REPORTED BY: COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow a billboard advertising sign located on Lot 14, Block 1 of the Eagandale Office Park. On July 15, 1986, the Council unanimously denied a similar request on the same lot along the south side of Interstate Highway 494. A resolution stating the reasons for the denial was prepared at that time. Currently, the Vendmark building is on this site. The proposed sign location is approximately 30 feet from the north and west property lines. This spotlighted billboard has 672 SF of signage area per side. If this sign was approved, no other pylon signs on Lots 1, 12, 13, 15, and the unplatted 6.47 -acre outlot to the east would be permitted due to the 1,000 -foot -spacing Code requirement. CONDITIONS: 1. The height and square footage shall be determined by the Council. 2. The one-time sign fee of $2.50 per square foot shall be required. N 14 7, 8 g te* '6g a g 04 1.• , I . 919191,(0 919.!91 ! t g e eloji;e o.rtei i 1 . q /1.4.1,0 '4'1'i . • ..; . . ' g 9 9i°iTi910!"' ; I : • •!1.• 0'!•1 w g o 40 n : 0:111;;si:: • • ! 010;0'01O,n,41 v11;T'll 0..11n.n144'0,01 ! n • ;-);;? •9.1,,..2;;211; • • , I 9 •4= 'I i I . - -.- - - - • - I I : ' Ill , I HT I .. . - r.-..= ! 1 ... . , . .. I '.. 1 —7- J I 4 • 4; p REvsSiOwS 5 D 0 0 41 61, 41 i . ; ' I • I ; • ; , • I 1 • ;4. 44 1 1 • • r .. 'I • . • : - • - •• • •t ; 7 n:04 1.: 3 11.4. . . • - • a •• .t .1 Is II 4.• ; ! .• , . 4 , , • \ . 44 I H ' _._ . .? 1•7 . -1- ) I ''. ( iv OPUS CORPORATION DESIGNERS BUILDERS • DEVELOPERS 800 Opus Center 9900 Bren Road East Minnetonka. Minnesota 55343 (6121 936-4444 April 13, 1988 Mr. Dale Runkle, Director Department of City Planning City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Re: Vendmark Advertising Sign Dear Mr. Runkle: Mailing Address PO Box 150 Minneapolis. Minnesota 55440 It is my understanding that the owners of the Vendmark office building at 1255 Trapp Road have applied for a Conditional Use Permit to install a rooftop or pylon type advertising sign on that property. It is our further understanding that the proposed permit is scheduled to be considered by the Planning Commission at its next meeting. Please be advised that Opus Corporation, The Northwestern Mutual Life Insurance Company and ALSCOR all oppose the issuance of such a permit for that proposed sign. We have vigorously opposed the indiscriminate installation of advertising signs along the 1-494 frontage between Pilot Knob Road and Highway 55 in the past. We believe that this area represents an important front door feature to our Eagandale Industrial Park which surrounds the Vendmark property. Therefore, every effort should be made and measure exercised to create as high quality image as possible for that freeway frontage. We feel that approval of the proposed Vendmark sign would set a precedent that would be most incompatible with the image that Opus and its partners are working hard to create for Eagandale. Therefore, we urge the Planning Commission and Council to deny the Vendmark properties Conditional Use Permit sign proposal. Thank you. Robert A. Worthington, AICP Executive Director — Governmental Affairs RAW/km cc: Jim Sturm 3pus and Affiliates in Minneapolis • Chicago • Phoenix • Milwaukee • Tampa • Pensacola April 26, 1988 17. An easement for ingress and. egress across the proposed Development providing an alternate point of public access to the westerly adjacent property is required. 18. The development is required to provide public utility extensions to its westerly boundary. 19. Water well to be properly abandoned pursuant to State guidelines. 20. Any septic tank will be properly abandoned. Wilkins and Graves voted aye; Garry, Voracek, Miller and Pawlenty voted nay. Voracek then moved to recommend approval of the preliminary plat subject to the conditions in member Wilkin's motion, in addition to a condition that the service road be upgraded with the recommenda- tion that the developer bear the cost of the upgrade based upon the developer's creating the need. The upgrade would be between the two accesses on Highway #55 to address the severe traffic safety problem presented by this proposal. A second condition was added that brick exterior of 40% to 60% be considered pursuant to the developer's stated agreement to research the subject. There was three members in favor and three members against. The commission then recommended that the item be forwarded to City Council without recommendation. BREEZY OUTDOOR ADVERTISING - CONDITIONAL USE PERMIT The second public hearing of the evening was called by Chairman Pawlenty in regard to the application of Breezy Outdoor Advertising for a conditional use permit to allow a billboard advertising sign along Highway #494 on Lot 14, Block 1, Eagandale Center Industrial Park in the northwest quarter of Section 3. Mr. Sturm described the proposed sign to be 672 square feet on each side for advertising purposes. He noted that the City had received a letter from Opus Corporation indicating their opposition. He also noted that a conditional use permit for a sign had been denied in the past by a Resolution of the Eagan City Council. Ms. Paula Schoven of Breezy Outdoor Advertising, indicated that she was not aware of the previous denial and suggested that the sign met the objective standards of the City Sign Ordinance. She stated. that there were businesses in Eagan that would like to pull traffic off of #494 to their establishments. Per her request, Mr. Pawlenty read the Resolution approved July 15, 1986 which included the following reasons for denial at that time:` 6 AkC Minutes April 26, 1988 1. A letter was received from Opus'Corporation and Northwestern Mutual Life Insurance Company, neighboring property owners in the immediate area, opposing the application for reasons stated in the letter. 2. The City Council has been very reluctant to allow advertising signs along the freeways with only very few exceptions. The application exceeds the 250 square foot ordinance limitation requesting sign area of 378 square feet. 3. The location of the sign along the freeway on the private industrial lot would create an adverse precedent within the City. 4. The sign would not necessarily advertise the business located on the particular lot. 5. The Council denied a similar application in the general area at a previous Council meeting. 6. It would not be advisable to allow advertising signs without a specific advertising sign plan for the general area and no such plan has been prepared or requested for the Eagandale/494 area. 7. The freeway location is very important to the City for purposes of creating an image and the indiscriminate location of advertising signs at the entrance to the City crates an aesthetically unpleasing view. Ms. Marilyn Young of Evergreen Drive asked the Commission to consider the visual pollution. Pursuant to member Wilkins question, Mr. Sturm indicated that there was a building sign on the front of the building on the lot. Mr. Keller noted that City Code, Section 4.20, Subd. 4.A. prohibits an advertising sign on a platted lot which already had a business sign. Voracek moved, Miller seconded the motion to recommend denial of the conditional use permit based upon City Code provisions, Section 4.20, Subd. 4.A. All voted aye, except Garry who voted nay. LOT 4, BLOCK 3, WESCOTT GARDEN LOTS - WAIVER OF PLAT Chairman Pawlenty then convened the public hearing in regard to the application of Edward and Cynthia Devlin requesting a waiver of plat to split Lot 4, Block 3, Wescott Garden Lots into two separate Agricultural parcels along the west side of Trails End Road and north of Birch Street in the northeast quarter of Section 14. Mr. Sturm noted that the two roads had never been constructed, although the right-of-ways have been platted since 1899. Agenda Information Memo May 3, 1988, City Council Meeting WAIVER OF PLAT/DEVLIN E. Waiver of Plat, Cynthia and Edward Devlin to Split Lot 4, Block 3, Wescott Garden Lots, Into Two Separate Agricultural Zoned Parcels Along Trails End Road --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on Tuesay, April 26, 1988 to consider a waiver of plat submitted by Edward and Cynthia Devlin to split Lot 4, Block 3 of the Wescott Garden Lots into separate agricultural parcels located along the west side of Trails End Road and north of Birch Street. The APC is recommending approval of this waiver of plat. For additional information, refer to the Community Development D'Iartment report, a copy is enclosed on pages 2 / through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the waiver of plat as requested by Edward and Cynthia Devlin for Lot 4, Block 3, Wescott Garden Lots. CITY OF EAGAN SUBJECT: WAIVER OF PLAT APPLICANT: EDWARD AND CYNTHIA DEVLIN LOCATION: LOT 4, BLOCK 3, WESCOTT GARDEN LOTS EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: APRIL 26, 1988 DATE OF REPORT: APRIL 14, 1988 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION SUMMARY: An application has been submitted requesting a Waiver of Plat in order to split Lot 4, Block 3 of the Wescott Garden lots into separate agricultural parcels located along the west side of Trails End Road and north of Birch Street. (Both are platted right-of-way's but roads have never been constructed.) Trails End Road is gravel and ends just south of the northeast corner of the lot. This Waiver of Plat is necessary for the conveyance and the recording of a land sale only. No additional development will occur. Currently there is a home on proposed Parcel A (4.69 acres). The Devlin's intend on selling Parcel B (4.26 acres) to the property owners to the west for pasture purposes only. Code requires a five -acre minimum lot size for agricultural parcels. Both would be over 4.9 acres including the dedicated right-of-way areas. Since no change of use is proposed, keeping the agricultural zoning makes the most sense at this time. Rezoning and platting will be required prior to any further subdivision. The Land Use Guide Plan designates this area for single-family homes. In 1978, a Conditional Use Permit was approved to allow a kennel (five dogs) on this site. The applicants are not requesting the continuance of this permit. ENGINEERING COMMENTS: There presently are no public utilities or improved streets constructed to serve the Wescott Garden Lots plat. Sufficient public street right-of-way has been provided with the platting of the Wescott Garden lots. The parcel has been previously levied trunk area assessments for sanitary sewer and water main. The following trunk area assessment for storm sewer is identified in accordance with present City special assessment policies and proposed as a condition of the Waiver: DESCRIPTION Storm Sewer Trunk CONDITIONS: RATE QTY AMT $.056/sf 389,862 $21,832 TOTAL PROPOSED ASSESSMENT $21,832 1. No further building shall occur on Parcel B until platting occurs. 2. The Conditional Use Permit (14 -CU -10-78) for this site shall terminate with the approval of the Waiver. •• • ANIL. LI L A COOOLL .. 0A0 . . (SCOTT I 3 SJ‘sAot I WS; Nat/ CO( PT COORS( b. —7 • ' 5 0 C7 flL AtiCOTI • r•-•4`' r590; OC,tik s ?Ty. Of ar) 41TETW t Tzt, I tztraTtio "•-vit& • \ U -..z, . 'I • ri- • 7. --..j A CI) 1 7' - • • - - : ". 1- :-..3171:111 iI\l''.'":-...................... ' esc-o.T.T. • . .!:+4 STA ,W1 r.f.1.44 • 1 LJ. Agenda Information Memo May 3, 1988, City Council Meeting VARIANCE/ANNE WETTELAND/SIDE YARD SETBACK F. Variance for Anne Wetteland of Three Feet to the Ten Foot Side Yard Setback at 4540 Blackhawk Road --A variance application was received from Anne Wetteland for a side yard setback at her property described as 4540 Blackhawk Road. The variance was requested to allow a 3' variance to the 10' minimum sideyard setback for an addition to living space. The Planning Division of Community Development has reviewed the applicatjon and for a copy of their report, refer to page(s) ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the side yard setback variance for Anne Wetteland as referenced. K 0 Survey for: Edward Devlin 3555 Trails End Road Eagan, Mn. 55123 • -• • • DELMAR H. SCHWANZ Bk: 112/69 SCALE: 1 inch = 100 feet o Denotes set iron pipe UMO SUNYIYOO.. INC. M4Mm/ I/.rr L... wn /..N Mr,....Nt 14750 SOUTH ROSERT TRAIL ROSEMOUNT,MINNESOTA SSOSS 512 423-17115 624.56 MEAS SURVEYOR'S CERTIFICATE 1626.4 PLAT) N 89°17 '20'•W 0 l PARCEL A / 4.69 AC. O I 623.47 0 —H-- ---� NE. CORNER OF 1i I LOT 4 30130 �N89°19'36"W PARCEL 4.26 AC. 622.47 MEAS. BIRCH 622.37 MEAS. (625.35 PLAT) N 89°21.53"W STREET N89°21'53"W O 0 . N 30 130 65z 3" I hereby certify that this is a true and correct representation of a survey of the boundaries of: WIRE FENCE PARCEL A That part of Lot 4, Block 3, WESCOTT GARDEN LOTS, according to the recorded plat thereof, Dakota County, Minnesota, lying north of the following described line: Commencing at the northeast corner of said Lot 4; thence South 0 degrees 26 minutes 31 seconds:West (assumed bearing) along the east line of said Lot 4 a distance of 327.40 feet to the point of beginning of the line to be described; thence North 89 degrees 19 minutes 36 seconds West a distance of 623.47 feet to the west line of said Lot 4 and said line there terminating. PARCEL B That part of Lot 4, Block 3, WESCOTT GARDEN LOTS, according to the recorded plat thereof, Dakota County, Minnesota, lying south of the following described line: Commencing at the northeast corner of said Lot 4; thence South 0 degrees 26 minutes 31 seconds West (assumed bearing) along the east line of said Lot 4 a distance of 327.40 feet to the point of beginning of the line to be described; thence North 89 degrees 19 minutes 36 seconds West a distance of 623.47 feet to the west line of said Lot 4 and said line there terminating. As surveyed by me this 24th day of March, 1988. f Aim/ / / /, Yi,tc lLf MINNESOTA REGISTRATION NO. 5525 CITY OF EAGAN- SUBJECT: VARIANCE APPLICANT: ANNE WETTEIAND LOCATION: 4540 BLACKHAWK ROAD LOT 5, BLOCK 2, CLEARVIEW ADDITION EXISTING ZONING: R-1 SINGLE-FAMILY DATE OF PUBLIC HEARING: MAY 3, 1988 DATE OF REPORT: APRIL 27, 1988 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a side yard variance of 3' along the southern property line of Lot 5, Block 2, Clearview Addition. An 18' x 33' addition was built onto the existing home and, in error, constructed in the side yard setback area. The addition was not built in the 5' drainage and utility easement and meets all other setback and code requirements. The variance shall be subject to all applicable code requirements. 1988 STREET MAP ql ZONING MAP INDUSTRIAL BUSINESS CITY LOTS TOPOGRAPHIC MAPPING C. E. COULTER & ASSOCIATES, INC. JOHN A. PETERSON ''•d • • ' • • FRANK R. LENZ. JR. LAND SURVEYORS_ ' REGISTERED UNDER LAWS OF STATE OF MINNESOTA LICENSED SY OROINANCES OP CITY OP -MI MNEAYOLIS • 3300 LYNDALE AVE. 50. MINNEAPOLIS. MINN. 55408 824.0370 ' iutbepor'% Certificate •3'16.5G--- • FLATTING ' FARM SURVEYS LAKESHORE JUDICIAL I• 0 I hereby certify that the above is a true and correct plat of a survey of: Lot 5. Block 2, Clearview Addition, Dakota County, Minnesota,..that the building is entirely within the boundaries of said property and there are no visible encroachments onto or from adjoining properties other than shown on said plat.. • As surveyed by me this 12th day of March .1969" A.D. .. Signed '.8362 �i PARLEY Esc GUIJMRS okI - ,553/142 L.. . Agenda Information Memo May 3, 1988, City Council Meeting VARIANCE HALLEY'S FIRST ADDITION/STANLEY M. STYLSKI G. Variance Lot 3, Block 2, Halley's First Addition, Stanley M. Stylski, to the 100' Minimum Setback When Adjacent to an Agricultural District --A variance application was received from Stanley M. Stylski for the 100' minimum setback when adjacent to an agricultural district for Lot 3, Block 2, Halley's First Addition. The applicant, Stanley Stylski is requesting this variance in order to build a 48' x 156' pole barn to use for storage. For additional information ons idem, refer to the City Planner's report found on page(s)O4(-- v(0) ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the variance for Lot 3, Block 2, Halley's First Addition for Stanley M. Stylski to the 100' minimum setback when adjacent to an agricultural district. N -1 1-07 • :E.,: • i• ••••••••. •- • r- • - ;.-. t • • - • .,6•,• ••• c• , •••• ; .1 • , — CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: STANLEY M STYLSKI LOCATION: LOT 3, BLOCK 2, HALLEY'S 1ST ADDITION EXISTING ZONING: LI (LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: MAY 3, 1988 DATE OF REPORT: APRIL 26, 1988 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a variance to the 100' minimum setback when adjacent to an "A" (agricultural) zoning distirct. The applicant, Stanley M. Stylski, would like to build a 48' x 156' pole barn to use for storage. Mr. Stylski is requesting a 50' variance to the rear property line. The applicant feels that the storage building needs to be 156' long in order for him to come out economically. Currently, the property is a financial hardship for him. Presently, public utilities are not available in this area of Eagan. If approved, this variance shall be subject to all applicable code requirements. CONDITIONS: 1. No outside storage shall be allowed. 2. A detailed landscape plan shall be submitted. A landscape bond shall be required and not released until one year after the landscaping has been completed. 3. A 6' fence or compact evergreen hedge shall be erected and maintained along the rear property line. ROBE ENGINEERING COMPRNY, INC. COIISULTIIIO E110IIIEERS PLQIINERS and LAND SURVEYORS 1000 UST 1461n STREET, BURNSVILLE, ulI1NESOTA Stan P1l 4:2-3000 C 1_1'1 cAral e of 5L?-'wy Zawcs t . r,7 �1" �s1'" � 1 c TL : LOT 3, BLOCK z, VALLEY '$ /ST ADO/no/a, DAKOTA CovN7Y1 M/NNESo7A $COLE /' r ,¢O. 33.00 C9s3'-_) DENOTES EX/ST/NG ELEVAT/°AJ (15-4.• ) pENOTES P OpoSED ELEV477O,1/ /ND/CATES D/RECT/o,V OF SORFACE DRA/NAGE ?SS-. Oa = FAN/SHED FLOOR ELEVAT/ON zr- x r WES T 244.25 �q 53.1; (.1-5-014:1 t�NI 0 0 4. goo Pieo/OWED META- 8LJJ O/N6 Alb (40:1?) is6 . Ftcae ✓. = Ass. o 1151%' !S5ti?.i' ,.Sla . d 3 f i ■ A ode 246. 2S WES T ! /1-r i,Z57:5; 0 0 • .r '2. sss.-1; isf i/'+ bt.U.6b, I Z(v 11 bap b. web . FARM ROAD Mtn - PART OF 021-75 010 -82 021-79 GUN /ad 14 •• dr 015-76 .• • 2 le CLUE or• 76 • P 0 0 010-81 c q Agenda Information Memo May 3, 1988, City Council Meeting VARIANCE/MIRE RUDOLPH FOR A SCREEN PORCH H. Variance for Mike Rudolph at 3915 Gibraltar Trail to a Sideyard Setback to a Screen Porch --The City has received an application from Mike Rudolph, 3915 Gibraltar Trail, requesting a variance permit to allow a screen porch that encroaches on the normal sideyard setback. The City Code would allow a deck to be built with no variance, however, any enclosed living areas such as screened in porch becomes a part of the permanent structure and requires a variance. For additional information on this item, refer toC7t/e Planning Department report, a copy is enclosed on pages () through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Mike Rudolph at 3915 Gibraltar Trail to allow a sideyard setback for a screen porch. CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: MICHAEL J RUDOLPH LOCATION: 3915 GIBRALTAR TRAIL LOT 17, BLOCK 5, LEXINGTON SQUARE EXISTING ZONING: PD R-1 (PLANNED DEVELOPMENT, SINGLE- FAMILY) DATE OF PUBLIC HEARING: MAY 3, 1988 DATE OF REPORT: APRIL 28, 1988 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a variance from the 10' -minimum side yard setback. COMMENTS: The applicant is proposing a 12' x 15' three -season porch on the southern portion of the existing house. The purpose of this variance is to allow the porch to be constructed 7'4" from the property line. The porch plans meet or exceed all other setback requirements, would not be located in a drainage and utility easement, and have been approved by the Protective Inspections Department. If approved, this variance shall be subject to all applicable code requirements. TRI -LAND CO. SURVEYING SITE PLAN FOR: SERVICES 4655 NICOLS ROAD EAGAN, MINNESOTA 55122 COLLEGE CITY V 1 �UCZ� u dt�>+c`g,cz1; . GAS Etc. E,toc� E .c_0 4�A� lE1.E�'�''�NE ,: r0_ . :1:‘`..iii:d':: .. , . ct ▪ LOT 4 -Q' Copy S 89°00'00" E 4. 131.67 tt+iWdA6E uri�.ir EAsL rra _ gri.`'l 17 �o .s4 ,,A-1 a -DRAINAGE C V71 FAST :7 130.68 . S 89° 00' 00" E IL) PROPERTY DESCRIPTION LOT 17 , BLOCK, LEXINGTON SOUARF according to the recorded plat thereof DAKOTA County, Minnesota LEGEND o DENOTES IRON MONUMENT o DENOTES WOOD HUB SET DENOTES EXISTING SPOT ELEVATION DENOTES PROPOSED SPOT ELEVATION DENOTES DRAINAGE DIRECTION N 1 z SCALE 11=30' PROPOSED GARAGE FLOOR ELEVATION .= PROPOSED FIRST FLOOR ELEVATION = PROPOSED BASEMENT FLOOR E LE VAT I ON NOTE: VERIFY ALL FLOOR HEIGHTS WITH FINAL HOUSE PLANS Ir %Yw� Agenda Information Memo May 3, 1988, City Council Meeting RESOLUTION CONCERNING PROPOSED RUNWAY 4/22 EXTENSION I. Consideration of Resolution Concerning the Proposed Runway 4/22 Extension --The Metropolitan Airports Commission has completed its environmental assessment of the proposed 4/22 extension at the Minneapolis/St. Paul International Airport. This runway runs diagonally and directly affected the communities of St. Paul, Highland Park, Bloomington and Richfield. The City of Eagan's Airport Relations Commission has reviewed MAC's proposal and is suggesting a resolution to the City Council that would oppose the Runway 4/22 Extension as currently proposed including the southerly turn procedure and it has strongly urged the MAC not to proceed with plans for its implementation. For a copy of a memo from Administrative Assistant Hohenstein and the resolutiop a? sriggested by hamAirport Relations Commission, refer to pages Cf through ,j. Also enclosed is a copy of the environmental assessment summary that was provided by the consultants, Howard, Needles, Tammen and Bergendoff. For ay of that En ironmental Assessment Summary, refer to pages yop through. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the resolution concerning the proposed Runway 4/22 Extension as recommended by the Airport Relations Commission. 3 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT HOHENSTEIN DATE: APRIL 26, 1988 SUBJECT: AIRPORT RELATIONS COMMITTEE RECOMMENDATION CONCERNING THE RUNWAY 4/22 EXTENSION PROPOSAL Attached you will find a resolution prepared and approved by the Airport Relations Committee concerning the extension of Runway 4/22 at Minneapolis -St. Paul International Airport. This runway runs diagonally and directly effects the communities of St. F'aul - Highland Park and Bloomington - Richfield. Integral to the environmentals on this project is a recommendation that between one-half and two-thirds of the traffic from the runway be rerouted along tracks to the south southeast toward Burnsville's Country Home Heights Addition and Eagan's Cedar Grove area. It has been the feeling of the commission that the purpose of this procedure is to minimize impacts on populated areas of Bloomington and Richfield and concentrate them on the commercial area east of Cedar Avenue. The procedure would be difficult if not impossible to accomplish east of Cedar Avenue and therefore would tend to create noise impacts in that part of Bloomington and Richfield which it is designed to protect and increase the prevalence of overflights in parts of Burnsville and Eagan which have, to date, been relatively low impact areas. The Council may recall that a similar procedure was tested during 1983 and 1984. At that time, significant complaints were generated from Cedar Grove and North River Hills and the procedure was not implemented at that time. Attached you will also find a copy of the Environmental Assessment Summary for the 4/22 project, showing the preferred alternative 1A. Additional environmental information is available through staff if you desire an opportunity to review it. Staff would request that the Council take action to approve or deny the resolution as presented or modified on the basis that the noise mitigative features of the proposal are overstated and that the extension has the potential to increase the physical capacity of the facility thereby negating the supposed benefit occurring from the redistribution of noise away from South Minneapols. If you have any questions concerning this matter, please contact me. , finis ative Assistant Attachments JDH/ j eh CITY OF EAGAN RESOLUTION OPPOSING THE EXTENSION OF RUNWAY 4/22 AT MINNEAPOLIS -ST. PAUL INTERNATIONAL AIRPORT WHEREAS, the Metropolitan Airports Commission (MAC) is proposing the extension of Runway 4/22 at the Minneapolis -St. Paul International Airport for the purpose of increasing the capacity of the preferential runway system configurations, and WHEREAS, the MAC has proposed as an integral part of such an extension a southerly turn procedure for a significant proportion of the air traffic departing Runway 22, and WHEREAS, the MAC has asserted but has not conclusively proven the benefit of such southerly turn to the residents of Bloomington and Richfield most affected by the runway extension, and WHEREAS, the headings suggested by the MAC for such a procedure would approach 165 degrees, and WHEREAS, aircraft using such headings and diverting from them will tend to overfly large portions of the City of Eagan at altitudes well below and at frequencies well above those currently experienced by the community, and WHEREAS, the City of Eagan has aggressively planned for noise compatible land uses where it has anticipated the presence of aircraft overflights, and WHEREAS, such land uses are not existent or planned in the areas to be most severely impacted by the addition of a southerly heading procedure from Runway 22, and WHEREAS, the Eagan -Mendota Heights boundary currently absorbs more than one-half of all arrivals and departures at MSP and the addition of more low -altitude overflights will add further to this disproportionate impact and place an undue burden on the area, and WHEREAS, the extension of Runway 4/22 has the potential to increase the operational capacity of Minneapolis -St. Paul International Airport by allowing departures to the southwest without minimizing the capacity for arrivals/departures over south Minneapols, NOW THEREFORE, BE IT RESOLVED that the City of Eagan opposes the Runway 4/22 extension as currently proposed including the southerly turn procedure and that it strongly urges that the MAC not proceed with plans for its implementation. CITY OF EAGAN CITY COUNCIL BY: ATTEST: Its Mayor Its Clerk E SUMMARY of an ENVIRON"MENTAL ASSESSMENT regarding RUNWAY 4-22 MINNEAPOLIS -ST. PAUL INTERNATIONAL AIRPORT MINNEAPOLIS -ST. PAUL METROPOLITAN AIRPORTS COMMISSION prepared by HOYLE, TANNER & ASSOCIATES, INC. in association with HOWARD, NEEDLES, TAMMEN AND BERGENDOFF MSP Runway 4-22 Environmental Assessment Summary 1 Description of Proposed Project 1 1 . 1 Sponsor ( MAC) 1 1.2 Runways/taxiways 1 1.3 Flight track modifications 1 2 Need & Justification of proposed project 1 2.1 Noise Impact Improvement 1 2.1.1 Technique 1 2.1.2 Historical perspective 2 2.2 Operational Improvement 2 2.2.1 Technique 2 2.2.2 Historical perspective 3 3 Alternatives 3 3.1 Objectives 3 3.2 Development Alternatives 3 3.2.1 Constraints 3 3.2.2 Differences 4 3.3 No -Build Alternative 4 4 Impacts of Proposed Project 5 4.1 Review of standard impacts list 5 4.2 Identification of primary impacts 5 4.3 Wetlands 5 4.4 Construction impacts 5 4.5 Noise 6 5 Schedule for Review 7 (3, Tq MSP Runway 4-22 Environmental Assessment Summary 1 Description of Proposed Project 1.1 Sponsor (MAC) The Metropolitan Airports Commission (MAC) is the owner and operator of Minneapolis -St. Paul International Airport (MSP) as well as six general aviation airports in the greater Twin Cities area. As such, MAC is responsible for insuring access to the dcmestic and international air transportation systems for the Twin Cities area. At the same time, MAC is committed to minimizing any adverse impacts relating to the operation of its facilities. The proposed extension of Runway 4-22 at MSP is consistent with these dual responsibilities. This environmental assessment (EA) is the first step in the Federal environmental process to evaluate a 2,750' extension of Runway 4-22 to the southwest consistent with the master plan for MSP. The EA has been prepared in accordance with the requirements of Federal Aviation Administration (FAA) Order 5050.4A, Guidelines for Environmental Analysis. 1.2 Runways/taxiways The proposed project, as shown on Figure 1, involves the extension of the southwest end of Runway 4-22 by 2,750'. The landing thresholds for both ends would be displaced 2,750' from the ends of pavement to maintain or improve landing profiles over adjacent communities. These displacements are only possible with the extension (See Figure 2). Taxiway and lighting system changes related to the extension and threshold displacements are also part of the proposed project. 1.3 Flight track modifications Four departure tracks from Runway 22 will be established as part of the project. They will be tracks turning to headings of 350 and 250 degrees, one to a southerly heading along Cedar Avenue and one southeasterly up to 165 degrees. (Figure 3) 2 Need & Justification of Proposed Project 2.1 Noise Impact Improvement 2.1.1 Technique The proposed project will improve the noise impact pattern from aircraft operations at MSP by allowing increased use of the Preferential Runway System (PRS). The PRS was devised to assign priorities to aircraft routings so as to disperse noise where possible and to route operations over areas that are the least sensitive to noise. However, the ability to use the PRS has MSP Runway 4-22 Environmental Assessment Summary declined in recent years. As activity levels grow at MSP, the use of the PRS will continue to decrease and aircraft operations (and noise) will be increasingly channeled along the northwest/southeast corridor of the parallel runways (11L -29R and 11R -29L). Runway 4-22, as the only alternative to the northwest/southeast traffic flow, is the key to increased utilization of the PRS. The extension to Runway 4-22 will enhance the ability of the PRS to be used even at increased activity levels. 2.1.2 Historical perspective The importance of the PRS in the noise abatement program at MSP has been underscored by many groups and studies which deal with the issue. Common to each is the recommendation to extend Runway 4-22 so as to enhance the effectiveness of the PRS. Metropolitan Aircraft Sound Abatement Council (MASAC) Environmental Advisory Team/1977 Airport Master Plan Noise Implementation Working Group Noise Budget Working Group 2.2 Operational Improvement 2.2.1 Technique The extension of Runway 4-22 increases the operational effectiveness of the PRS from the current level of 60 operations/hour to a level of 70-80 operations/hour. This increase will allow the PRS to be used approximately nine hours per day between the busy hours of 6:00 AM and 11:00 PM at 1992 activity levels. The PRS will never approach the parallel runways in operational effectiveness, which is 105 to 108 operations per hour depending on the direction of traffic flow. It is because of its high capacity that the parallel operation must be used during the peak traffic periods. Those peaks have been increasing in the last three years, reducing the times the PRS can be used. The increase in operations per hour afforded by the runway extension results from the availability of increased runway length south of the intersection of Runways 4-22 and 11L -29R. The extension will provide 8,256 feet south of the intersection, sufficient for most shorter range aircraft operations at MSP. Consequently, those operations could use Runway 22 independently of Runway 11L -29R, allowing simultaneous use of both runways and generating the additional capacity. The extension of Runway 4-22 will increase the maximum runway length available at MSP to 11,000 feet from the existing maximum of 10,000' on Runway 11R -29L. This additional runway length will MSP Runway 4-22 Environmental Assessment Summary not result in additional types of aircraft using the airport but allow those aircraft that now operate at MSP to operate on longer stage lengths, e.g. non-stop service to Europe and the Orient. 2.2.2 Historical perspective The extension of Runway 4-22 has been a part of the facility plan for MSP since the 1977 master plan. Subsequent events have given added importance to the operational improvements afforded by the extension. Deregulation, the Northwest/Republic merger and the development of MSP as an air travel hub are all factors which have increased traffic to the point where the airport's maximum hourly operations configuration, the parallel runway operation, is required for a greater portion of the day. The PRS is used less as a consequence. Additionally, the recent growth of international traffic has increased the need for runway length over that which is currently available. Without the required runway length, aircraft weight must be reduced, requiring a refueling enroute or a restriction on the number of seats that can be filled, reducing the efficiency and level of service originating at MSP. Both operational enhancements described above are addressed by the proposed extension of Runway 4-22. 3 Alternatives 3.1 Objectives The objective against which projects are measured in this EA is to increase use of the PRS, thereby reducing and more equally distributing aircraft noise impacts in the area around MSP. This objective must be met in a way which does not restrict the ability of MSP to fulfill its role in the Metropolitan Aviation System and generate significant, regional economic benefits. This requires a secondary objective for the proposed improvements to improve the ability of MSP to accommodate the the increasing number of long haul flight segments. 3.2 Development Alternatives 3.2.1 Constraints No alternatives which considered achieving the objective by developing another major airport site in the Twin Cities area were actively pursued. Such alternatives are inconsistent with long standing regional planning which has designated MSP as the onlz Major airport in the area. Additionally, even if another airport were determined to be required, the time required to 3 \9\ MSP Runway 4-22 Environmental Assessment Summary develop it would be at least ten years. During that time, MSP would continue to operate and the noise concerns of its neighbors could not be ignored during that significant period of time. The on -airport alternatives considered were fashioned by certain physical constraints. The surrounding roadway system, the availability of adequate space for runway clear zones and consistency with previous airport planning were considered in picking alternatives that met the objective. All the alternatives confine the construction of facilities to existing airport boundaries. 3.2.2 Differences The EA analyzed the impacts of five development alternatives; 1, 1A, 1B, 1C, and 2. Alternatives 1 and 2 differ only in the location of the landing threshold for Runway 4. The latter has the threshold moved 1,000' further to the southwest from its existing position while the former retains the Runway 4 threshold in its present location. Both alternatives make the entire runway pavement available for take -off. (See Figure 2) Alternatives 1A, 1B and 1C embody the same runway geometry as Alternative 1 but incorporate different departure flight tracks from Runway 22. Alternative lA has four tracks, Alternative 1B, two tracks and Alternative 1C one track. While one or two flight tracks allow the confinement of aircraft noise to somewhat more defined areas, there is a loss in operational flexibility as a result of such restrictions. Air traffic controllers must space departures from one another and, if they cannot do it laterally along several different tracks, they must hold departures on the runway for in -trail separation. This reduces the number of departures that can be accommodated on a runway in any period of time. In the case of Runway 4-22, reduction of hourly operations means a reduction of the amount of time the PRS can be used. For this reason, alternative lA was considered with as many departure tracks as at present (four) but with a realignment of two of them to overfly less noise sensitive areas. 3.3 No -Build Alternative The no -build alternative assumes no runway extension at MSP. It is used throughout the EA as the "base case" against which the development alternatives are compared. This alternative was discounted as a viable future option because it neither increases the use of the PRS nor increases runway length for international service. MSP Runway 4-22 Environmental Assessment Summary 4 Impacts of Proposed Project 4.1 Review of standard impacts list The EA considered a full range of areas of potential impact from the proposed project. These areas are prescribed by FAA Order 5050.4A. The areas analyzed are listed below: Aircraft Noise Compatible Land Use Social Impacts Induced Socioeconomic Impacts Air Quality Water Quality DOT 4(f) Lands Historic, Architectural, Archaeo- Biotic Communities logical & Cultural Resources Endangered/Threatened Wetlands Species Floodplains Coastal Zone Mgt. Coastal Barriers Wild & Scenic Rivers Farmland Energy & Natural Light Emissions Resources 4.2 Identification of primary impacts Of the areas analyzed, only three are of sufficient magnitude to warrant discussion in this summary. The three areas are Wetlands, Construction Impacts and Aircraft Noise. Each is summarized below. 4.3 Wetlands A one half acre marsh is located in the project area, approximately 1,600 feet southwest of the existing Runway 4 end and 750 feet southeast of the extended centerline. The marsh will have to be filled to extend Taxiway D to the extended Runway 4 end. The Fish and Wildlife Coordination Act and Executive Order 11990, Protection of Wetlands, require compensation of this unavoidable impact. Mitigation plans agreed to between MAC and the U.S. Fish and Wildlife Service call for the enlargement of Duck Lake on airport property by 0.25 to 0.30 acres to a depth of no more than 12 inches. 4.4 Construction impacts The runway extension will be undertaken concurrently with a rehabilitation of the runway. Both projects represent a significant amount of construction activity. Routing of construction vehicles, control of airborne dust and prevention of sedimentation of drainage systems are normal parts of the mitigation plan for such a construction project and will be undertaken at MSP. Additionally, the rehabilitation of the runway and the construction of the portion of the extension closest to the existing end of pavement will require the closure of Runway 4-22 for some periods of time. MAC will work with the ait\e„- 3\Q MSP Runway 4-22 Environmental Assessment Summary engineer and contractor for the project to minimize these down times. MAC has begun the process of minimizing down time by delaying the rehabilitation project so as to be coordinated with the runway extension. This will limit runway down times to the minimum. 4.5 Noise The proposed project will not result in the creation of any additional noise at MSP. The 1992 activity levels used throughout the analysis will occur with or without the project. The effect of the project will be to increase the time the PRS is used which has the effect of dispersing aircraft noise. Consequently, the noise analysis concentrated on the effectiveness of the alternatives in achieving this dispersal. The conclusions of that analysis are given below and summarized in Table 1. A. The increased use of the PRS, which could occur with the extension, would result in the shift of between 236 and 249 daily flights off the northwest end of Runways 11-29 to the southwest end of Runway 4-22 whenever the PRS can be used. B. Though the highest noise levels remain in South Minneapolis, the increased use of the PRS afforded by the project produces a more even distribution of noise in the environs of MSP than the "no build" alternative. C. The operations are shifted from South Minneapolis and Richfield north of 70th Street, where there is no opportunity to channelize overflights along less noise sensitive areas, to Bloomington and Richfield south of 70th Street, where this opportunity exists along the Cedar Avenue and I-494 corridors. D. The amount of the shift of operations depends upon the availability of flight tracks along which ATC personnel can disperse Runway 22 departures. Alternative 1A represents a compromise between the Alternative 1 options which are most restrictive with respect to Runway 22 departure tracks (1C) and those which are least restrictive (1, 1B). E. The difference between the noise benefits associated with the development alternatives are generally small. F. Overall Ldn noise benefits are achieved with the development alternatives. G. Alternative lA is based upon an operational scenario which is acceptable to FAA from a safety and traffic management perspective, and additionally has noise benefits consistent with the statement of purpose of the project. -6- MSP Runway 4-22 Environmental Assessment Summary H. Alternative lA is the preferred alternative. 5 Schedule for Review In accordance with the procedures specified in FAA Order 5050.4A, the EA will be reviewed by the FAA to determine whether to issue. a "finding of no significant impact" (FONSI) or to call for further environmental analysis in an environmental impact statement (EIS). The review by the FAA should result in a determination by Summer, 1988. 0 % 0 pci.# � 4 *sot � to to S • • • • DISPLACE ENT THRESH LDS • • 22 2750' j 27:0' LT. 1 s - INS 1111:11h1 �750� LT. 2 2750' 22 l MSP 4/22 EA 1ir#/ THRESHOLD ALTERNATIVES comp�nlee NOT TO SCALE FIGURE 2 ALTERNATIVE 1A 350 HDG. 250 HDG. SOUTHERLY !� DEPARTURE TURN 3111H3AV UV030 EAST OF 165 HEADING MUST BE COORDINATED WITH RUNWAY 29L ARRIVALS PROPOSED LIMIT OF RUNWAY 29L APPROACH CONTROL DESCENT AREA 135 HDG. 1 MSP 4/22 EA PROPOSED FLIGHT TRACY RUNWAY 22 DEPARTURES (.(Di NOT TO SCALE FIGURE 3 Alternative IC - 7,400 Minn. • 8°41 a 0 w Y 1n 4 $ 10 O • 41 1p 8 Y M M m 1 Same as Alt. 1. • • •- 0~ 0 O C 7 8 10 S y O• xs r1 Y O. -hi 4 89 0 Iwo g Cen h m op h trt .•. .r M1 4 ..7 1 1 •0. m re < 4 N 0 el 1 1 1 • . C Of 0 C C C • CO 1. • • C •~ • ~ O .. i1 C • 4 i1 •. ps 10 .+ • O .O P e. r3. v 10 G q4 O0 O M1 rl O • C „ .7 .� E P1 C • • O • C N 4 M1 4 3 IV N CO • •1 1 1 1 i • 8 C C C n 8.4 N • C • Y.0 "o R18a� § i • ...vv py, • .. "1M1 4 J . 4 S ` 1 1 1 8 an il • y40 y •+ a �" 0 13 0 ~ 41 .0 •• o n 41 • 4 • i1 C .•+ Y b M .►.1 h.ri - S.O i Q a - § Q pp�1 pp C 8 4Q C O 01 C O C • o C •+ 1 < 1•f Y C �M OOM11 ee M1 4 wi M_ 4 N O C of 1 1 y4 < 1 i Bloomington. Same as Alt. 1. Same as Alt. 1. 1 •• C C ..1 tm 0 8F8o0 .. 4•• .• 1 1 • 0 0 w :s �.S 1.1 3 8 • O natives only. - No Idn 65 In Bloomington. • 4 Overflights 4 0 292 departures Areas SW of w • 4 • 0 ti r a taw 4 4Y • 0 4 4 O O 4 n ••.• O. 4 10 re 305 departures .. 4 4 z 7 ••• re nQ f� Y 0 N • e 1. 8 c u Q .M1. e a c • .0 '" e MY •4 ti sw.9 • 4 i O 4 S C• ... M1 w4 u u C ff•1 0 .Ci CZ to 8.8 mins. to channeliza- Bloomington. • 0 4 e ° 0 • .. P• C v .+ v .+ GCU YG r .. f• O • C 'I3. s O ~ O • G A •. 0 •O w Wr mG G 0re 4 U C 8 D 4. _• = w •► im p f•1 4 •+ OL N 4 X C• 00 44 1 O .•. • •• • O ■ P • 1p1 -. 3 I. • 0 m i. •■C. U if: 4 Li 4 Cy 4• .q •0. O 7 p M< O CO .01 0& m• C 4 n M4 re Same as Alt. 1. Same as Alt. 1. Same as Alt. 1. Same as Alt. 1. - 1 •C z? • .. 40. .. M • 0 This is below W W 1 0 I, Q�! g• 0. 4 Y O .0 $ a •. > • ". •I "1 y6 aQ "1 ., M 0. 4 O • Yg. IYi Y • 00 Di 7 .r • 4 0>0 re < .P. Iw — -• 4 M • yV• aa a • •v •-• C S a 3 ■ 1 3 1 v • 1R 7� • p• . • i to Z ••�z° g 'v1 Agenda Information Memo May 3, 1988, City Council Meeting ADDITIONAL ITEMS PUBLIC IMPROVEMENT CONTRACTS A. Public Improvement Contracts: Item 1. Contract 88-12, Approve Plans/Authorize Ad For Bids (Eagan High School) --Detailed plans have now been completed for the installation of sanitary sewer, water and storm sewer facilities necessary to serve the proposed Eagan High School and Dakota Middle School facility. These plans are being presented to the Council for consideration of authorization to solicit formal bids. All easements necessary for the completion of this project will be provided as a part of the Final Plat for this property which is anticipated to be processed prior to contract award. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 88-12 (Eagan High School - Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on June 1, 1988. Item 2. Contract 88-16, Approve Plans/Authorize Ad For Bids (Lexington Square - Storm Sewer) --As a result of the public hearing regarding the drainage needs for the Lexington Square flooding situation from last summer, the Council authorized the preparation of detailed plans and specifications which have now been completed and are being presented to the Council for approval and authorization to advertise for bids. During this advertisement process, the staff will be working with the affected property owners to acquire the necessary rights -of -entry to allow this project to proceed. It is anticipated that these rights -of -entry will be obtained prior to contract award. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 88-16 (Lexington Square - Storm Sewer Outlet) and authorize the advertisement for a bid opening to be held at 10:30 a.m., May 27, 1988. \i (0 Agenda Information Memo May 3, 1988, City Council Meeting 3. Contract 88-10, Approve Plans/Authorize Ad For Bids (Eagandale Center Industrial Park,; 9th Addition - Streets & Utilities --As a result of the public hearing authorizing the installation of streets and utilities within this subdivision and the recent Final Plat approval dedicating the necessary public right-of-way and easements, detailed plans and specifications have been completed and are being presented to the Council for their consideration of authorizing a formal advertisement for competitive bids. This improvement is located south of Lone Oak Road between I -35E and Lexington Avenue north of the Bulk Mail Center. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 88-10 (Eagandale Center Industrial Park 9th Addition - Streets & Utilities) and authorize the advertisement for a bid opening at 10:30 a.m. June 2, 1988. Item 4. Contract 88-11, Receive Bids/AwardContract (Woodlands Addition & Hurley Lake Storm Sewer Lift Station --At 10:30 a.m. on Friday, April 29, formal bids were received for the installation of a trunk storm sewer lift station servicing the Woodlands Addition and upgrading the existing storm sewer lift station in Hurley Lake. Enclosed on page * is a tabulation of the bids received showing the relationship of the low bid to the estimate contained in the Feasibility Report presented at the public hearing held on February 2, 1988. These bids will be reviewed and evaluated with a formal recommendation being provided by the Public Works Director at the May 3 Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-11 (Woodlands Addition & Hurley Lake - Storm Sewer Lift Station) and award the contract to the lowest responsible bidder and authorize the Mayor & City Clerk to execute all related documents. * The bid tab was unavailable for Friday's packet and will be included in the Additional Information packet on Monday. Agenda Information Memo May 3, 1988, City Council Meeting Item 5. Contract 88-6, Approve Plans/Authorize Ad For Bids (Braun Court - Street & Storm Sewer) --With the receipt of the application for Final Plat approval for Harvey's Heritage Addition and the conditional dedication of additional necessary easements, it is now appropriate to approve the plans and readvertise for new bids for the installation of the streets and storm sewer for Braun Court. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 88-6 (Braun Court - Streets & Storm Sewer) and authorize the advertisement for a bid opening to be held at 10:30 a.m. May 24, 1988. Item 6. Contract 87-27, Approve Change Order #1 (Well #10) --This contract provided for the development of Well #10 located near the Cliff Road Reservoir site. As a part of the development of this well, a stock pile of sand was created on the site which was proposed to be removed under this contract. This excess material could more efficiently be used under the construction of the related wellhouse under Contract 88-4 rather than being removed from the site as presently required. Therefore, elimination of the need to remove this excess material will result in a deduct of $700 to this contract. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 87-27 in the amount of a deduct of $700 and authorize the Mayor and City Clerk to execute all related documents. Item 7. Contract 85-26, Approve Change Order #3 (Well #9) --This Change Order consists of two parts described as follows: Part A: During the early drought of 1987, the development of Well #9 was completed but the installation of the pumping facilities had not yet been awarded. Because of the immediate need of this additional water supply source, a temporary pump was installed to make this well operational from mid-June to the end of September, 1987. This Change Order provides for the additional costs of the installation and removal of the temporary pump and the related monthly rental fee. (Add $4,750.) Part B: As a part of the construction of Wells #8 and #9 at this location, the contractor constructed an 8" diameter test well which was required to be removed upon completion of Wells #8 and #9. However, the contractor has experienced difficulty in the proper removal and abandonment of this test well and has offered it to the City for the use of a monitoring well to measure our water draw down and related well efficiencies. This will result in a cost savings to the City for the installation of the well monitoring equipment due to better accessibility. (Add $500.) All costs associated with this Change Order will be the responsibility of the Water Enterprise Fund. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #3 to Contract 85-26 (Well #9) in the amount of an additional #5,250 and authorize the Mayor and City Clerk to execute all related documents. VD- Agenda Information Memo May 3, 1988, City Council Meeting CONTRACT FOR MUNICIPAL CENTER REMODELING Item 8. Contract for Municipal Center Remodeling --Bids were received on Thursday, April 27 to consider the remodeling of the basement area into office space, space under the lobby for expanding police work stations and improvements to the existing floor cover in the police 'spatch center. For a copy of the bids, refer to page The successful bidder is Parkos Construction in the amoun of $99,569. It is the recommendation of our architect, Chief Building Official and City Administrator that the City not approve alternate A-1 which is a deduct in the amount of $9,475 for the restroom facilities. At the present time, there are in excess of 75 employees working in the Municipal Center Building with two (2) restroom facilities for each male and female. With the Drug Task Force, expansion of office space in the lower level, increased traffic throughout the Municipal Center Building by the general public, additional restroom facilities are necessary. The general fund operating budget has approximately $90,000 budgeted for these improvements. The City Administrator has asked department heads to readjust proposed capital expenditures for the remainder of 1988, to provide the necessary internal funding for the restroom facilities. Also included in the base bid is the recarpeting of the police dispatch center. The Chief Building Official has given consideration to an air purification device, however, the benefit of this equipment is marginal. At the present time, the floor covering is basically worn out and needs replacement. The carpet on the walls that was installed for accoustical reasons is shag and attracts a great deal of dust and other particals that are causing minor health problems for personnel working in the dispatch center as well as operation of the computers. With the recent installation of the new communications equipment, it is the appropriate timing to replace the carpet on the floor and remove the shag carpet on the walls and replace it with a vinyl treatment. In addition to the base bid, there will be approximately an additional $12,000 to be expended for landscape screens and work stations in the new police administrative office area. Our police administration has examined their operating budget and due to the need for additional work space and the landscape screens, they are suggesting a reduction in fall training programs as well as eliminating the acquisition of certain capital items during the remainder of this operating budget. These items are necessary and will reappear in the 1989 budget request. �`3 Agenda Information Memo May 3, 1988, City Council Meeting In summary, it is recommended that the base bid in the amount of $99,569 be approved to Parkos Construction. The amount required to finish the bathroom facilities will be allocated on a proportionate basis by the City Administrator throughout various operating budgets. Also landscape screens and related office equipment will be required for the new police administrative area and, as explained, this $12,000 will be funded internally in the police operating budget. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the base bid in the amount of $99,569 to Parkos Construction as presented. ro cc , , 13 Cil Number Days Completion EP \CI 9 O 0 (-0 Alternate A-1 o a 1 c -,-,a- — r cr" 1 a) p a 1 O cp o, 1 .3- 1 0 0 (5--- 1 T (3-- 1 Base Bid Gladstone Construction CF Haglin & Scns Co. Pauloo Construction a 0 —4 ri II co j N Del's Construction Co. Nordenstrom & Scns Parkos Construction Nbroon Construction C.O. Field Company MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 26, 1988 SUBJECT: INFORMATIVE PROPOSAL TO ADD RUNWAYcSy AT (THE INTERNATIONAL AIRPORT Enclosed on pages �� b 1 ��" I is an article that appeared in the Friday, April 22 edition of the Star and Tribune entitled "Consultant , Air ort Ne s Two New Runways". Also enclosed on pages �- through Z,) y is a copy ofthe map that was provided with the last MASAC packet of information. Administrative Assistant Hohenstein is tracking this new proposal and one item of concern to the City of Eagan is the obvious fanning that would have to occur in order to accommodate two new runways. It is likely that aircraft will fly other than the preferential runway and Cedar Avenue corridor. STREET SWEEPING For several weeks the Public Works Department has been operating a 24 hour a day sweeping program in an effort to clean debris from all city streets in a reasonable time period. If the City Council receives any calls from constituents regarding when the sweeper is scheduled for their neighborhood, have them contact the Public Works Garage at 454-5220 and ask for that approximate schedule. ECONOMIC DEVELOPMENT COMMISSION The City Administrator led a four hour strategic planning exercise of the Economic Development Commission on Monday, April 18. The Commission was given a challenge to identify a mission statement and develop objectives for review and consideration by the City Council. The City Administrators office is reviewing and compiling the results of that session and after the May EDC meeting, a report will be forwarded to the City Council outlining all the objectives and mission statement for Council review. The main consensus of the commission is to identify objectives that include quality, economic growth, identification of certain business that is needed for Eagan, identify fiscal impact such as transportation needs and other infrastructure when commercial expansion occurs and other economic development considerations. 1988 OPERATING BUDGET/CIP Traditionally the City Administrator begins preparation of an annual operating budget during the month of May. It is proposed that a work session be held in late May and one of the topics for discussion will be consideration of revenue sources for 1989. Mayor Ellison has asked that revenue sources be identified and that the City Council consider direction to the various department regarding their preparation of expenditure needs based on a budget guideline as determined by available revenue sources. PERFORMANCE APPRAISALS The City Administrator is conducting performance appraisals for all thirteen personnel that report directly to him. Each department head and all other supervisors are also conducting formal performance appraisals during the month of April/May. The City Administrator has asked that all supervisors establish a set of goals for each employee, monitor those goals during the next several months and at the end of a six month period a performance evaluation/appraisal will be performed for each employee. COMPOST PROGRAM The Eagan Compost Program opened for the 1988 season on Tuesday, April 26. It will be open on Tuesdays, Thursdays and Saturdays from Noon to 7:00 p.m. through November 19. The site is being monitored this year by Mr. Jerry Neuman who is contracted to the City by Greenview, Inc., a parks and natural resources service specializing in employment for retired persons. Questions concerning the site or acceptable materials should be directed to Jon Hohenstein. COMMERCIAL STUDY The firm of Laventhol and Horwath is continuing their work on a commercial retail study authorized recently by the City Council. The City Administrator will forward any draft results of the study as soon as they are ready for consideration. REGULAR CITY COUNCIL MEETINGS/CITY COUNCILMEMBERS ITEMS OF BUSINESS At the end of each City Council meeting various issues are raised by City Councilmembers that often require staff research or input. Beginning with the April 19 meeting, the City Administrator has prepared memorandums to support staff that address specific issues that are not answered or clarified at the regular meeting. The City Administrator will continue to prepare memos immediately following the City Council meeting to the appropriate department and that memo, along with a response, will be forwarded to the City Council as a whole as a part of future informative packets. If a City Councilmember requests certain information directly from the City Administrator outside of a regular meeting, that information will be submitted directly to the Councilmember and only distributed to the entire Council at their request. contested measure to give workers 60 days' notice in case of plant shut- The Senate will debate the legislation Consultant ;says airport -needs new runways Building decision is called timely By Diana Ettel Gonzalez Staff Writer Two more runways are needed if Minneapolis -St. Paul International Airport is to keep up with air-traffic �� demand in the next 20 years, accord- ing to a consultant's report released Thursday by the Metropolitan Coun- cil. Keeping up with demand would mean more noise for airport neigh- bors and require razing some neigh- borhoods east of Cedar Av. The new runways would take up some of Fort Snelling State Park and require find- ing new homes for the Air Force Reserve and Air National Guard. And even new runways wouldn't nec- essarily avoid congestion for the long • term, according to the report. Even with the runways, odds are only 50- ' 50 that the airport could accommo- date all flights in 30 years, the report said. The airport is already at capacity, according to the report, and could run into serious problems by 1993 unless plans to build a new runway 'are made immediately. • "Five years from now, if you do nothing, there's an 80 percent chance .the airport is not going to be able to meet the demand," said Richard • Mudge, president of Apogee Re - Airport continued on page I2A Trade bill continued on page 5A Meese's meetinc Staff Photo by Richard Sennott Car crashes into business A woman apparently lost control of her car while turning a 4801 Nicollet Av. S. Sisters Ten. corner and crashed into the office of Mannstedt Steel Co., embraced after the accident. Te Ambivalent district judge limits HabiHty of prescription drug firms By Dan Oberdorfer Staff Writer Saying that drug companies have no .legal responsibility to future genera- tions that might be harmed by their :products, a pained Judge Robert Schiefelbein on Thursday dismissed 'the suit of a boy who claims he 'suffers from cerebral palsy because of prescription drugs given to his grand - condition and his grandmother's drugs, Schiefelbein said that he is left with "nagging uncertainty" about what he called the most difficult and challenging decision of his career. He said he would not be disappointed if his decision were overturned by the Minnesota Supreme Court. But the Hennepin County judge said he decided that the Apple Valley ask the state Supreme Court to im- mediately review his decision be- cause of the important precedent the case could set. Schiefelbein's ruling comes in the case of paraplegic boy whose suit has become a test case in Minnesota for a question with br• • — • ications for the future: W re • . Id a drug com- pany's respo s•iltti=` n. Airport j) lnItineed from page IA Search Inc. of Bethesda, Md.. speak- ing before a task force that has been studying the long-term adequacy of the airport. To meet demand forecast for 1993, the airport would have to extend Runway 4-22. which routes traffic over Bloomington. Richfield and St. Paul's Highland Park, and build a north -south runway parallel to Cedar Av. at the western edge of the airport. That runway would result in in- creased flights over Minneapolis and eastern edges of Bloomington and Richfield. A similar runway proposal made by consultants for the Metro- politan Airports Commission (MAC) was estimated to eliminate 375 houses. five other buildings and a golf course. To enable the airport to meet de- mand into the year 2008, an addi- tional parallel runway northeast of two existing parallel runways also would have to be built. That runway would increase flights over south Minneapolis. Eagan and Mendota Heights, and would take up land now occupied by the federal and state governments. The proposed runways would in- crease the number of peak -hour oper- ations the airport could handle from a current capacity of 103 to 189. Those projections assume that most general aviation aircraft, such as cor- porate airplanes, would stop using the airport. Mudge said there are other options for decision -makers. They could opt for less ambitious runway proposals outlined by the consultant, for exam- ple. and make do with less capacity. They could decide to build a new airport. Or they could do nothing. "If you don't do it. you have to think about economic losses. This is at the point where you have to start think- ing about tough choices," Mudge said. 1f the airport doesn't meet demand, for example, Northwest Airlines could move its hub operations else- where. Regional carriers could be forced to stop using the airport. There would be fewer flights coming into the Twin Cities, and fares proba- bly would be higher. "All this together means reduced eco- nomic (benefit s) for the region as a whole and the business community in particular. On the other hand, there is less noise,- he said. To noise opponents, the report strengthens the case for a new air- port. Minneapolis City Council Member '• Steve Cramer, a vocal opponent of airport noise who is on the task force, said the bottom line is that even if the region spends millions of dollars on the auports, by 2018 there is a 50 percent chance that it won't be able to meet demand. `The issue is not only (noise), but probably more important for most people in this region is the economy, and how strong our economy can be with an madeouate airport. The issue fs far more tha.i simply a question of noise affected community pursuing Sonic pip dream of a new an port,' t_ramei said. Airport expansion proposal Two additional runways have been recommended for Minneapolig- St. Paul International Airport to handle the growth in air traffic projected for the next 20 years. — am me Proposed construction 2-► Cedar Ave. ^, ,t Mississippi River --- Hwy. 55 t Minnesota River _ Crosstown 62 % Terminal Snelling . i / j 1 1 National 'r Fort Cemetery 1 ,....„...2.—.--.494 Source/Apogee Research Inc. of Bethesda. Md. Dave Koehser, vice president of the South Metro Airport Action Council and member of the task force, said the likelihood of any new runway being built is "almost nil." Cramer agreed, saying that "there is no way that one, much less two, brand new runways are ever going to be constructed there. We would do anything short of standing on our heads to block that kind of invest- ment. I call the new proposed north - south runway the Bloomington -Min- neapolis Unity Runway. Finally, we have something we can agree upon." A top official of the MAC doesn't see any of the solutions, including build- ing a new airport, as practical. "It took us 14 years to build one new runway in the downtown St. Paul airport. You can imagine how long it would take to build in Minneapolis - St. Paul," said J. Robert Stassen, dep- uty executive director of MAC, who said he was speaking as a private citizen. "No matter where you go, you've got Star Tribune map environmental and political prob- lems to overcome. I see such a politi- cal and environmental logjam that airplane manufacturers are either go- ing to find ways to make airplanes suit the system, or they're going to sell a lot less airplanes," Stassen said. The Twin Cities is going to have to make its decision on building a new airport soon, Mudge said. "There is a window of opportunity (for making that decision), and my own personal opinion is that it's a fairly short time. If you wait five years, there (will be) no land within . miles of the airport, so you'll basically have wiped out that op- tion," he said. Mudge's consulting firm plans to pre- pare a study for the council task force that will exaniine the economic im- plications of different options, their environmental effect, and the costs of expanding vs. building a new airport, he said. RNI SAVE 25 Huge Selection in Stock HOMECREST PALMA 5 Piece Sct • 4 Swivel Rockers • Glass Top Table Sale $669.99 Sug. Ret. S995.99 TELESCOPE 5 Piece Mum. Set Exceptional Quality • 4 Stacking Chairs • Tempered Glass Top Table Sale $349.99 Save $50.00 O GROS Econoi • 4 Sta. Sale $1 Eco. Se, WOOD, Sea lslar. Top Tal Sale S6! ST. PAUL •BURNSVILLE *ROI 1-94 Hwy 13 S. Hw 3 mi. E. of 3M 1 mi. W. of 35W W. of Co 739-1440 894-8424 933-1 • (Formerly The Lift store< EASY TERMS • IN TWIN CIT ■ STORM Si 10825 Greenbrier Road, Minnetonka, MN "Over 37 Years of Service" Co We need hel. in OUt our ( It's Spring cleaning time for our space -saving closet systems and accessories. Save n FREE closet design service in your home or our st The 20Vo off Sprig Closet Sa Minneapolis / 2817 Hennepin /872-0330 • Edina / 5027 France /926-3822 MSP International "Base Case" 11 MSP International "Ultimate A" In NORTH 19 SPECIAL CITY COUNCIL MEETING TUESDAY MAY 10, 1988 6:30 P.M. BOARD OF EQUALIZATION I. ROLL CALL II. INTRODUCTORY COMMENTS/DAKOTA COUNTY ASSESSOR'S OFFICE III. PARCEL REVIEWS/DAKOTA COUNTY ASSESSORS OFFICE IV. OTHER BUSINESS V. ADJOURNMENT I/ MEMO TO: FROM: DATE: SUBJECT: HONORABLE MAYOR & CITY COUNCILMEMBERS CITY ADMINISTRATOR HEDGES MAY 6, 1988 BOARD OF EQUALIZATION The annual Board of Equalization meeting for the City of Eagan sponsored by Dakota County is scheduled for this coming Tuesday, May 10, 1988, at 6:30 p.m. The City Council is required to have a quorum and open the Board of Equalization meeting promptly at 6:30 p.m. A representative of the Dakota County Assessor's office will then make introductory comments to any and all residents in attendance and answer general questions about the method of calculating market value, assessable value and most importantly, the property tax. Once general questions have concluded, residents will have an opportunity to meet with an employee of the Assessor's office and review in private their parcel and raise any questions regarding their property tax statement at that time. There could be a number of residents present given the high percent of increase on market value for various parcels throughout the community. Enclosed is a letter from the State's Department of Revenue addressing the issue of the large number of taxpayers in Dakota County who have objected to their valuation increases. The County Assessor will ask that each resident when entering the Council Chambers on Tuesday sign on a sheet and that will be the order in which the residents can meet with an employee of the Assessor's office. The Statutory Handbook for Minnesota Cities provides a brief summary of the responsibilities for City Councils when holding a Board of Equalization and I have included a copy for that document for your review. Enclosed are two (2) letters addressed to the Board of Equalization for City Council review. The original letters will be turned over to the Dakota County Assessor at the meeting on Tuesday. City A ministrator STATE OF MINNESOTA DEPARTMENT OF REVENUE Mail Station 3340 St. Paul, MN 55146-3340 April 29, 1988 TO: Mayors and Town Clerks in Dakota County The Department of Revenue has been receiving phone calls from a number of taxpayers in Dakota County regarding valuation increases put on their property by the State of Minnesota. Valuation increases were put on some types of property in some jurisdictions for the 1987 assessment by the State Board of Equalization. These increases were necessary because the minimum acceptable level of assessment of 90 percent of market value was not attained. Enclosed is a copy of the order which put these valuation increases on certain property for the 1987 asessment. If a taxpayer feels that his or her property has been overvalued for the 1987 assessment as a result of a state ordered increase the county assessor can explain to the taxpayer the appeal and abatement procedures. The local board of review should not address complaints regarding the 1987 assessment. The local board of review has jurisdication only over the 1988 assessment. The local board can not change any 1987 assessment. The State Board of Equalization has not yet reviewed the 1988 assessment and no increases have been ordered by the Board up to this point. Therefore, questions regarding the valuation or classification of properties for the 1988 assessment will have to be addressed by the local board of review and the county assessor's office. The State Revenue Department does not have assessment information on specific parcels of property and so we are unable to help taxpayers when they call us with questions. We would appreciate it if you would mention these facts at your local board of review since there does appear to be confusion on the part of many taxpayers as to where to go for answers about the assessment on their specific parcel of property. We are happy to answer any questions of a general nature that taxpayers may have regarding assessment, the property tax system or the State Board of Equalization. Our phone number is (612)642-0472. Thanks! Sincerely, Outitips 1..CLI__ Michael P. Wandmacher, Director Local Government Review Division MPW:smc cc: Seymour Olson, Dakota County Assessor AN EQUAL OPPORTUNITY EMPLOYER r•�rm PT 5-+ (Rev. 7/87) Minnesota Department of Revenue — Property Tax Review Division St. Paul, Minnesota 55146-3340 (612) 642-0474 STATE BOARD CHANGES OF REAL AND PERSONAL PROPERTY VALUES FOR 198 7 To the Auditor of DAKOTA County The Commissioner of Revenue does hereby certify that this form and the following schedules consisting of ---//pages are a true arid official copy of all changes (including any values on Form PT 54C) in the assessment of real and personal property pursuant to Minnosote Statutes Section 270.13. The County Assessor is hereby directed to enter upon the assessment rolls of his county far 196 these changes (including any ve)ues on Fonn PT 54C) pursuant to Minnesota Statutes Section 273.061, Subdivision 9. Thu; u ^<: radar of the State Board of Equalization end cannot be appealed to the Minrasota Tex Court. ( Date Mlrinssota Commissioner of Revenue L 1 s Assessment District November 1 3, 1 987 Classification and Kind nd, Structures) of Property Per Cent 'Increase Per Cent Decrease County -w isle Except: City of: Farmington, West St. Paul, Burnsville, Eagan, I nikevillc, Mendota Heights, Apple Valley, tlastings, Northfield Lakeville, Mendota Heights, Apple Valley, Hastings Lilydale Wc' ,I. `;1., I',lul Township of: Vern) i1lion COM rnercial-Industrial ),and and Structures Commercial -Industrial Land and Structures Residential Land and Structures Apartments Land and Structures Itesidential Larid and Structures 1 5% NOTE Each utility owning property within your county may receive the lower assessment rate provided for Class 3e property for only one parcel of property Thnt parcel which orralWeer for the lower asaeaemont rate may oleo recervn the Small aueinr•ss Prop^r', t,, Transition Credit as provided rc'! S 271 11, concerning the tax laws in which the amount in controversy does no5t exceed $2,500, including penalties and interest. At the same time that notice of the assessment, determination, or order of the commissioner or the appropriate unit of government is given to a taxpayer, the taxpayer must be notified in writing of his rights to appeal to the tax court, and if applicable, to the small claims division. In any notice of assessment, determination or order dealing with property valuation or assessment for property tax purposes, the taxpayer must be notified in writing that an appeal must be made to the town or city board of equalization and to the county board of equalization before appealing to the small claims division of the tax court, except for those taxpayers whose original assessments arg determined by the commissioner of revenue.° Summary It will be seen that assessments are subject to review by the city, the county board of equalization, and the state board of equalization. Further review in the courts is also possible after the assessment and tax levy process has resulted in a tax liability. B. LOCAL GOVERNMENT AID Generally, local government aid is a state aid to local governments, which the legislature enacted in 1971 and amended to its present form. The local government aid program has replaced most of theindividual taxes,such as cigarette,liquor,bankex- cise, and gross earnings taxes which were previously distributed to local governments under various laws. The Legislature in 1983 made extensive changes to the formula for distributing the aid. The Commissioner of Revenue must notify taxing authorities of their aid amounts for the following year, as well as the data factors used to calculate their aid amount, by August 15 of each year. Cities who disagree with the Commissioner's calculations have 60 days to appeal the certifi- cation. See Appendix L for more detailed calcula- tion information. The total appropriation for aid distribution to cities in calendar year 1984 is $246.2 million. The formula is intended to reflect a city's fiscal need minus its fiscal capacity. Each city's preliminary aid amount will be equal to its local revenue base minus the product of 10 mills times the city's equalized assessed valuation. (Local Revenue Base) minus (10 mills X Equalized Assessed Valuation) = 1984 Preliminary Local Government Aid. - 312 The preliminary aid amount cannot be greater than 106 percent of the 1983 local government aid, or less than the 1983 aid minus the amount raised in the city by three-quarters mills times the equalized assessed value. Finally, all the aid amounts will probably have to be proportionally adjusted since the total appropriation will probably be inadequate to "fully fund" the formula. A city's equalized assessed valuation is defined as its previous year's taxable valuation, adjusted for fiscal disparities in the metropolitan area and minus the captured value in any tax increment financing district, divided by the city's aggregate sales ratio covering the period ending two years prior to the year of aid distribution. A city's sales ratio is a percentage figure employed by the Department of Revenue that essentially is derived by dividing the assessor's market value figure by the actual selling price for property sold during the year. This sales ratio is designed to equalize the assessed value of property in one taxing juris- diction to make it comparable with other taxing jurisdictions throughout the state. This figure is very significant to cities and the legislature in 1983 has made it easier for a city to appeal the sales ratio determination. While the administrative framework of the appeal procedure is not yet in place, the law provides that no sales ratio study shall be conclusive or binding on a court; and allows any party to introduce evidence of its unrelia- bility including, but not limited to, evidence of inade- quate adjustment of sale pricesfor terms of financing. A city's local revenue base (the fiscal need factor) is calculated differently depending on whether its population is greater or less than 2,500. For cities over 2,500 start with the local revenue base used in the 1981 formula minus any amount added to that base for bonded debt for streets, curbs, gutters, storm sewers, and bridges. The resulting figure is then multiplied by a factor of 1.208 (inflation factor) and also by a factor equal to the estimated 1981 population divided by the 1980 census population provided the factor is greater than 1.0 (population growth factor). To this figure add the amount certified for 1983 attached machinery aid payments, the amount certified for 1983 reduced assessment credit payments, plus any amount which would have been received in 1983 under the reduced assess- ment credit statute for a project approved by the Minnesota Housing Finance Agency (MHFA), the United States Department of Housing and Urban Development (HUD), or the Farmers Home Ad- ministration (FmHA) prior to March 1,1983 had the project been completed and subject to taxation based upon full market value for taxes payable in 1983. 1983 review after being duly notified of the board's intent to raise the assessment of his or her pro- perty, or if a person feeling aggrieved by an assess- ment fails to apply for a review of the assessment, he or she may not appear before the county board of equalization for a review of the assessment, except when an assessment was made subsequent to the meeting of the board of review or when it can be established that notice of the market value was not received at least five days before the local board of review meeting.48 The local board of review may not reduce the total or aggregate amount of the assessment retuned by the county assessor by more than 1%.'t99 This means that compensation must be made for reductions in assessed values by making comparable increases in assessments against other parcels of property. After the final adjournment of the board of review, the city assessor is authorized to make additional assessments but the board cannot make further review. Complaints on these later assess- ments can be heard by the county board of equalization. County Board of Equalization The county board of equalization is composed of either thecountyauditor and the county commissioners or a special board of equalization appointed by the auditor and the board of county commissioners. 51 County boards of equalization are to meet commencing the first Monday following the fourth day of July, or if the first Monday following the fourth day of July is a legal holiday, the first Tuesday following the fourth day of July, and complete their work on or before the tenth follow- ing working day, when it must adjourn.52 No action taken subsequent to adjournment shall be valid unless a longer session period is approved by the commissioner of revenue who can extend the session period to August 10. Although the county board of equalization may decrease and, after notice to the taxpayer, increase individual valuations, its primary task is to equalize the ratio between market value and assessed market value in the various districts. The board's main purpose is to secure uniformity of assessed value from district to district with only occasional attention to uniformity f3 tween taxpayers within any one of the districts. It may not reduce the aggregate valuations of either real or personal -311 property in the county below the amounts re- turned to it by the assessors, but it may increase these amounts. Upon application by the owner, the board may change a property's homestead classification or reduce its market value by as much as $3919, reducing or refunding any taxes levied or paid?' The State Board of Equalization The commissioner of revenue sits as the state board of equalization anciActs in this capacity on August 15 in each year. The commissioner's primary assessment task is to secure uniformity of valuations between counties, although authority is also given to make adjustments of valuations between districts in counties and between classes of property. The commissioner may also raise or lower individual assessments, but may increase individual assessments only after the taxpayer has been notified and given an opportunity to be heard. In this capacity, the commissioner may not reduce the aggregate value of all property in the state by more than one percent below the total reported by the county boards of equalization. The commissioner may order a reassessment of property In any district in which it is deemed necessary. Appeal to the Tax Court The tax court is the sole, exclusive and final authority for the hearing and determination of all questions of law and facts arising under the pro- perty tax laws of th 6.state, except for an appeal to the Supreme Court. The tax court has jurisdic- tion in cases dealing with property taxes only after the taxpayer has appealed the valuation or assess- ment to the town or city board of review, and to the county board of equalization, except for those taxpayers whose original assessmentsAredeter- mined by the commissioner of revenue. The tax court has no jurisdiction involving an order of the state board of equalization unless a taxpayer contests the valuation of his property. The tax court is required to hold hearings at any place in the state so that taxpayers may appear before the court with as little inconvenience and expense to the taxpayer as is practicable. The tax court is to be allowed to use the district corj and county courtroom in all of the counties. The small claims division of the tax court has jurisdiction in any case concerning the valuation, assessment, or taxation of residential property homesteaded by the taxpayer; or any other case formerly considered exempt, the legislature has authorized the taxation of state-owned residential property in the same manner and to the same extent 4as privately owned property of a like nature. Local governments in Minnesota may not exempt any land from taxation for the purpose of attracting or keeping industry.44 The governing body of a city, however, may offer a developer a deferral of property tax on property improvements during the construction period until the improve- ments are constructed and 50 perce� of the area of the building becomes occupied. Once the improvements are constructed and 50 percent occupied, the developer will be subject to the full property tax plus the property tax on the property at the time for which the deferral was applied, multiplied by the number of years the deferral was granted during the construction period. Equalization Procedures Once the assessor has completed his or her work, ;t is reviewed and, within limitations, modified at the city, county, and state levels of government. During this review procedure, two kinds of cor- rections are made: (1) the assessor's lists are checked for accuracy, individual complaints are heard, and any necessary adjustments are made; and (2) the ratio of market to assessed market values is equalized. The first of these functions is the sole concern of the city board of review while the county and state boards devote a greater percentage of their time to the latter task. When the entire procedure has been completed, the county auditor puts the valuations upon his or her records for use in making up the tax rate figures. Only when the assessments have been reviewed and equalized by all three levels of government do they become the official assessed values for tax purposes. The City Board of Review The city council may serve as the board of review in cities which have been separated from the town. In cities which have not been separated from the town for assessment and election pur- poses, the town board serves as the board of .review. The city council may appoint a special board of review to which it may delegate all of the powers and duties the co ncil would have if it acted as the board of review.'6 The members of the special -310- board of review serve at the direction and dis- cretion of the council. The council determines the number of members to be appointed, the com- pensation and expenses to be paid, and the term of office of each member. At least one member of the special board of review must be an appraiser, realtor or other person familiar with property valuations in the assessment district. The board of review meets in the office of the city clerk. The city assessor and the county assessor must also attend this meeting with their assessment books and papers. These latter officials may take part in the proceedings, but may not vote. The meeting date of the board of review, which must be between April 1 and June 30, is fixed by the county assessor on or before April 1 of each year by giving written notice to the city clerk. Upon receipt of the notice, the clerk must give published and posted notice of the meeting at least 10 days before the date set for it. A majority of the members may take action at the board of review meeting and may adjourn the meeting from day to day for a period of 20 days until the work of the board has been completed. After 20 days from the date of its first meeting, the board has no authority and any action taken is invalid unless the commissioner of revenue has granted an extension. In fulfilling its role, the board of review has three main functions to perform:' 7 It must review the assessor's list, making sure that all taxable property in the city has been properly placed upon it. 2. It must review the assessor's valuations, striving to standardize the ratio between market value and adjusted market value for each individual piece of property. To accomplish this, the board may raise or lower valuations on individual properties, but increases in valuations cannot be made without first notifying the property owner and giving him an opportunity to be heard. 3. The board must hear and settle the com- plaints of individual property owners regarding the valuations which have been placed upon their property. If a person fails to appear in person, by counsel, or by written communication before the board of MEMO TO: HONORABLE MAYOR & CITY COUNCIIMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 29, 1988 SUBJECT: LEGAL SERVICES/REFERENCE CHECKS & TRANSITION REFERENCES Additional reference checks were performed on the firms of Grannis & Grannis, Lefevere and the McMenomy & Severson firms. The following is a summary of those reference checks. GRANNIS & GRANNIS Pat McGarvey, City Administrator for the City of Lakeville, was contacted as they use Roger Knutson as City Attorney. The firm has served that City for over 20 years; he is very satisfied with Mr. Knutson's ability as City Attorney. He stated that Pat Farrell of that firm is excellent with acquiring easements. He also comments that Roger is very organized, has a good rapport with the City Council, good with the public, the City Council has a high trust for his judgment, he doesn't say much at Council meetings; however, when he does comment, the advise is well - taken. He is also very timely in responding to legal briefs or opinions when asked by the City Council. LEFEVERE, LEFFLER, KENNEDY, O'BRIEN & DRAWZ Jerry Dahlger, City Manager for the City of Crystal, was contacted regarding Dave Kennedy as their City Attorney. He stated that Dave does not try and run the City Council's meeting, however, will jump in and provide advise if he feels a certain direction is appropriate. He is not pushy and offers sound advise on City matters. Very conscientious, gets things done, give good/specific direction and gets to the point in his legal briefs. He has League background. Mr. Dahlger also had very high marks for Jim Thompson of that firm and a litigator on behalf of the community. The Crystal City Council is aware of the meeting conflict Mr. Kennedy would incur if selected by the City of Eagan; however, according to Mr. Dahlger there has been no decision made regarding any change in their meeting dates which coincide with Eagan's first and third Tuesdays. MCMENOMY & SEVERSON The former City Administrator of Apple Valley, Mr. Dick Asleson, was contacted regarding Jim Sheldon. His first response was if he were hiring a City Attorney, he would have no hesitation in selecting Mr. Sheldon. He stated he was very pleased with Mr. Sheldon's input and direction during the past ten (10) years. He provides quality service and has an excellent rapport with the City Council. He expressed a concern about Mr. Sheldon's splitting time between municipal work and other clients; however, according to Mr. Sheldon's interview, he would devote 100% of his time to municipal law. According to Dick, Jim Sheldon will generally negotiate a solution as opposed to going to court. His legal briefs and direction are clear and concise to the City Council when asked. Sometimes, it is necessary to push a bit to gain either a yes or a no in terms of specific legal direction but will always provide that clear yes or no answer. TRANSITION If a decision is made to change city attorneys and law firms for general and special project work, it is suggested that a period of time be designated for a transition. Due to the volume of legal work, it is suggested that up to two (2) months be allowed to transfer most of the legal files to the new law firm. There may be a necessity for Paul Hauge and his firm to work on certain files or be available as a reference to the new city attorney after the two months. The City Administrator will carefully monitor the transitional period to limit the amount of double billing that will more than likely occur during this period of time. It is suggested that the new city attorney be requested to start as soon as possible and would more than likely be available for the next City Council meeting on May 16, 1988. City Administrator MCMENOMY & SEVERSON Gary Brown, City Administrator of Hastings, was contacted con- cerning James Sheldon of McMenomy & Severson. His first response was that Mr. Sheldon was very professional and had done a good job for Hastings. Mr. Brown explained that the McMenomy firm was utilized when Hastings' regular legal consultant had had a con- flict of interest. He finally commented that Mr. Sheldon worked well with staff, was pretty timely and that he was quite satisfied with Mr. Sheldon's performance. Mark Ulfers of the Dakota County HRA was also contacted concern- ing McMenomy & Severson. He emphasized that it had been over two years since the HRA had worked with Mr. Sheldon and the McMenomy firm. Mr. Ulfers commented that the HRA had had a few concerns with the firms performance though he felt Mr. Sheldon was con- scientious and worked hard at resolving interests. Mr. Ulfers stated that the McMenomy firm, in his opinion, was not as spe- cialized or did not have the expertise that is required by the HRA. Dean Johnson, Director of Community Development for the City of Rosemount, used the firm of McMenomy and Severson, and more specifically, Jim Sheldon, as the HRA Attorney approximately three (3) years ago. Apparently, it was determined by the HRA that the firm was representing both developers and the HRA Board which appeared as a conflict. He stated that Jim Sheldon was ex- cellent at addressing a crowd and diffusing an issue and had a good recommendation for his legal abilities. LEFEVERE, LEFFLER, KENNEDY, O'BRIEN & DRAWZ James Willis, City Manager of Plymouth, was contacted concerning Dave Kennedy. Mr. Willis stated that Mr. Kennedy performs all bond work, public improvement projects, TIF, etc. He responded that Mr. Kennedy is highly competent and conservative so that he does not stretch the interpretation of the law.(This was stated as a definite positive for Mr. Kennedy). He continued that Mr. Kennedy works very well with staff and that his work is quite timely. Don Ashworth, City Manager of Chanhassen, was also contacted con- cerning Mr. Kennedy. His first response was that the City of Eagan couldn't find a more excellent man for legal counsel and that he has truly enjoyed working with Mr. Kennedy. He thinks Mr. Kennedy is conservative and that that is positive for a city. He also commented that Mr. Kennedy is very timely and that his cost is very reasonable especially when compared to the work per- formed. 1 GRANNIE & GRANNIS Linda Barton, City Manager of Burnsville, was contacted concern- ing Roger Knutson of Grannis & Grannis. She stated that Burnsville utilizes Mr. Knutson a lot and that the City has been very pleased with his performance. She stated that he is very innovative and creative (as much as he can be) and that he works well with staff. She further commented that the Grannis & Gran- nis firm is a good supplement when specialty work is needed and that the firm follows legislation closely so that the City of Burnsville can be somewhat proactive. Finally, Ms. Barton com- mented that occasionally things are not done as quickly as staff would like but that when a need is expressed things are done very quickly. Dean Johnson, Director of Community Development for the City of Rosemount, utilizes the services of Roger Knutson of the firm Grannis & Grannis as their city attorney. He had excellent com- ments about the abilities of Mr. Knutson stating that he is tough and excellent in the area of land use law and gave the example that if the City wanted to get rid of signs, Roger would prepare the necessary legislation and the legal objective would be ful- filled. David Grannis, III, is the actual city attorney and is well respected by the City Council and handles himself very well with the general public. 2 r xfix. 'iii city of eagan police department JAY M. BRTHS P Chief of Police PATRICK J. GEAGAN / Administrative Captain KENNETH D. ASZMANN Operations Captain 3830 Pilot Knob Road Eagan, Minnesota 55122 Phone: (612) 454-3900 April 26, 1988 TO: FROM: PAT GEAGAN, CAPTAIN SUBJECT: INVESTIGATION OF THE GAMBLING LICENSE APPLICATION BY ST. JOHN NEUMANN, KNIGHTS OF COLUMBUS, #7604 TOM HEDGES, CITY ADMINISTRATOR VIC ELLISON Mayor THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk This department has investigated the attached request for a gambling license by St. John Neumann, Knights of Columbus, for Richard's Food and Liquors, 4185 South Robert Trail, Eagan. Attached you will find a letter from Ron Leif, the individual designated by the Knights of Columbus as the Gambling Manager for this particular operation. I have discussed, with Mr. Leif, the revised operational policy. He told me that the Knights of Columbus will be paying Richard's Bar $400 a month for space rental and a reasonable rate for pull tabs that are sold behind the bar. They feel this rate will be approximately $1.25 to $1.50 per hour. The pull tabs will be sold from behind the bar when people hired by the Knights of Columbus are not on site selling the pull tabs. The Police Department finds no criminal reason to preclude the St. John Neumann, Knights of Columbus, from conducting this operation. Pat Geagan Captain PJG/lb Att: CC: Chief Berthe Liz Witt THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY april 18, 1988 Mr. Pat Geagan Eagan Police Department Eagan, MN 55124 Dear Mr. Geagan, Attached are the revised operations and financial management policies which will be used to operate pull tab gambling at Richard's Food and Liqour. We believe that these policies fulfill 100% of the requirements of the Minnesota Charitable Gambling Board and its rules and regulations for pull tab gambling. As we agreed on Thursday night, April 14, 1988, you are delaying submission of your background review, and consideration of our application by the Eagan City Council has been removed from the agenda of April 19, 1988. As agreed, our application will now be submitted to the council for action at their meeting of May 3, 1988. (I have also enclosed a copy of our charter for inclusion in our application.) If you have any questions, please call me at 831-5333. Sincerely, Ort `- 4.) a,„ . C I Ron Leif cc: Gene VanOverbeke - Eagan City Hall April 18,1988 KNIGHTS OF COLUMBUS --ST JOHN NEUMANN"S COUNCIL #7604--EAGAN,MN. OPERATIONS AND FINANCIAL CONTROL It is the intent of the Knights of Columbus #7604, to operate and manage pull tab gambling according to all rules and reg- ulations of the Minnesota Charitable Gambling Board. To accomplish this result, our charitable gambling operation at Richards Food and Liquor will be conducted as follows: -The Gambling Manager for the Knights of Columbus will conduct and supervise all aspects of the game, including: - Purchase of all pull tab and gaming supplies from the Distributor - Receiving and inspection of all gaming supplies purchased from the Distributor - Hire, train and supervise all personnel who will sell pull tabs from the booth - Train personnel from Richards Food and Liquor who will be selling from "behind the bar" at certain designated times -Daily reconciliation of each cash drawer involved in the sale of pull tabs from the booth and those used for sales from behind the bar - Make deposits of each days net receipts into a bank account opened in the name of the Knights of Columbus #7604 - Handle all payroll functions and pay personnel hired to sell from the booth -Prepare monthly tax returns and pay taxes when due. -Pay all proper and lawful invoices for supplies received from the Distributor or other vendors - Pay all invoices for other services received such as accounting services, insurance, etc. - Maintain proper physical control over all gaming supplies - Maintain physical and financial control of all monies related to the operation of the game - Perform all other activities necessary to ensure a lawful, honest and properly run pull tab operation. Sales will be from the booth or from "behind the bar", but will not be conducted from both locations at the same time. 2 - To ensure a smooth, efficient and controlled operation, the Gambling Manager will meet with personnel of Catholic Charities, the prior licensee at Richards Food and Liquor, and solicit information which will be helpful in running a lawful, well run game. In addition, we will be contacting the Eagan Lions Club to gain insight into how they manage their operation at the local bowling establishment, and how they intend to operate at the Valley Lounge beginning May 1, 1988 COMPENSATION TO RICHARDS FOOD AND LIQUOR The only compensation paid to Richards Food and Liquor will be: -A reasonable monthly space rental for space occupied by pull tab equipment at the site and therefore not useable by the establishment for their operations -Richards Food and Liquor will receive additional compen- sation for those hours that pull tabs are sold from behind the bar. This will be based on a nominal rate/per/hour times the number of hours that sales are made from behind the bar. The exact hours and days for "behind the bar" sales will be mutually worked out between Richards Food and Liquor and the Gambling Manager.` -All shortages which result from operations and sales behind the bar will be deducted from any compensation due Richards for personnel compensation forebehind the baresales. COMPENSATION TO THE DISTRIBUTOR The Distributor will be paid for all lawful supplies and equip- ment ordered and received by the Gambling Manager. The Distrib- utor will not receive compensation of any type from the Knights of Columbus or the Gambling Manager for any reason other than payment for supplies and equipment directly related to the operation of the game as licensed. KNIGHTS OF COLUMBUS -COUNCIL #7604 The Gaming Committee for the Knights of Columbus #7604 will oversee and supervise the Gambling Manager and the management of the gambling operation. They will receive monthly reports which detail: -Gross sales for pull tabs by type of game -Value of redeemed winning pull tabs - Gross profit from operations - Listing of all expenses for the month and a detail check register of all payments for the month - Net Proceeds for the month -Daily and monthly sales and net receipts for both booth sales and for behind the bar sales - Reconciliation of the bank account - Record of all shortages by occurrance -other information as needed or requested USE OF NET PROCEEDS The Officers of the Knights of Columbus #7604 will meet on a routine basis to consider distribution of the net proceeds received for the gambling operation. Net proceeds will be used to give financial help to a number of worthwhile causes. Each situation will be reviewed for its merit and whether State regulations permit distribution of funds to the particular cause. Examples of areas where net proceeds may be used include: _Youth oriented programs and organizations _Family counseling centers _Shelters for pregnant women _Shelters for abused children and women _local public service organizations _Eagan and Dakota County organizations giving aid to the homeless, and in need of food and clothing, etc. -Organizations and causes which are actively engaged in and which promote the goals and ideals of the Knights of Columbus Charitable Gambling Control Board Room N-475 Griggs -Midway Building 1821 University Avenue St. Paul, Minnesota 55104-3383 (612) 642-0555 GAMBLING LICENSE APPLICATION FOR BOARD USE ONLY License Number PAID AMT CHECK# DATE INSTRUCTIONS: A. Type or print in ink. B. Take completed application to local governing body, obtain signature and date on all copies, and leave 1 copy. Applicant keeps 1 copy and sends original to the above address with a check. C. Incomplete applications will be returned. Type of Application: DCIass A — Fee $ 100.00 (Bingo, Raffles, Paddlewheels, Tipboards, Pull -tabs) DCIass B — Fee $ 50.00 (Raffles, Paddlewheels, Tipboards, Pull -tabs) ❑Class C — Fee $ 50.00 (Bingo only) DClass D — Fee $ 25.00 (Raffles only) Make checks payable to: Minnesota Charitable Gambling Control Board ❑Yes❑No 1. Is this application for a renewal? If yes, give complete license number ❑Yes DNo 2. If this is not an application for a renewal, has organization been licensed by the Board before? If yes, give base license number (middle five digits) ❑Yes ❑No 3. Have Internal Controls been submitted previously? If no, please attach copy. 4. Applicant (Official, legal name of organization) 5. Business Address of Organization . City, State, Zip 7. County 8. Business Phone Number ( ) - i 9. Type of organization: ❑Fraternal ❑Veterans ❑Religious DOther nonprofit* • If organization is an "other nonprofit" organization, answer questions 10 through 13. If not, go to question 14. "Other nonprofit" organizations must document its tax-exempt status. ❑Yes 0 N 10. Is organization incorporated as a nonprofit organization? If yes, give number assigned to Articles or page and book number Attach copy of certificate. ❑Yes DNo 1 1. Are articles filed with the Secretary of State? ❑Yes ❑No 12. Are articles filed with the County? QYes ❑No 13. Is organization exempt from Minnesota or Federal income tax? If yes, please attach letter from IRS or Department of Revenue declaring exemption or copy of 990 or 990T. ❑Yes ❑No 14. Has license ever been denied, suspended or revoked? If yes, check all that apply: ❑Denied ❑Suspended CI Revoked Give date: 15. Number of active members 16. Number of years in existence L: Note: If Tess than four years, attach evidence of three years existence. 17. Name of Chief Executive Officer 18. Name of treasurer or person who accounts for other revenues of the organization. Title Title Business Phone Number 1 1 Business Phone Number ( ) - s 19. Name of establishment where gambling will be conducted i 20. Street address (not P.O. Box Number) .' / i 1 21. City, State, Zip- 22. County (where gambling premises is located) CG -0001-02 (8/86) White Copy -Board Canary -Applicant Pink -Local Governing Body Gambling License Application Type of Application: ❑Class A C1CIass B ❑Class C 1=1 Class D Page 2 C'Yes ONo 23. Is gambling premises located within city limits? c._lYesON° 24. Are all gambling activities conducted at the premises listed in #19 of this application? If not, complete a separate application for each premises (except raffles) as a separate license is required for each premises. OYes ONo 25. Does organization own the gambling premises? If no, attach copy of the lease with terms of at least one year. OYes UNo 26. Does the organization lease the entire premises? If no, attach a sketch of 27. Amount of Monthly Rent the premises indicating what portion is being leased. A lease and sketch is not required for Class D applications. $ OYes 1No 28. Do you plan on conducting bingo with this license? If yes, give days and times of bingo occasions: Days Times Yes ❑No 29. Has the $10,000 fidelity bond required by Minnesota Statutes 349.20 been obtained? Attach copy of bond. 30. Insurance Company Name Signature of person receiving application 43. Name of Township 31. /I Bond Number Signature of person receiving application X 32. Lessor Name 33. Address 34. City, State,Zip 35. pambling Manager Name 36. Address/ "' f r . 1 / f / 37. City, State, Zip i - 'i` ' l . -, ,--/ ,/ J i %,.. 38. Gambling Manager Business Phone 39. Date gambling manager became _. . ' member of organization: /.% 4 /},1'e.:.- GAMBLING SITE AUTHORIZATION By my signature below, local law enforcement officers or agents of the Board are hereby authorized to enter upon the site, at any time, gambling is being conducted, to observe the gambling and to enforce the law for any unauthorized game or practice. BANK RECORDS AUTHORIZATION By my signature below, the Board is hereby authorized to inspect the bank records of the General Gambling Bank Account whenever necessary to fulfill requirements of current gambling rules and law. OATH I hereby declare that: 1. I have read this application and all information submitted to the Board; 2. All information submitted is true, accurate and complete; 3. All other required information has been fully disclosed 4. I am the chief executive officer of the organization; 5. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 6. I will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments thereto. 40. Official, Legal Name of Organization l'ic41. Sigrature 1 ust be pigned by, Chief Executive Officer) L'1 .1 i , -,-,L . . •)../4,i';64 i'_ . t- (_''- 1,-4, r ,.;'" X / ._3.44/� (.�'y f/'vv/ / /j.'Q'-✓ :15 :3 0 /-,' V / i/ -•� /r. •I -' Title of Signer / n. max. _ ���► lr Date ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY ceipt of a copy of this application. By acknowledging receipt, I admit having been served with n will be reviewed by the Charitable Gambling Control Board and if approved by the board, will from the date of receipt (noted below), unless a resolution of the local governing body is passed ows such activity and a copy of that resolution is received by the Charitable Gambling Control I hereby acknowledg notice that this licati become effecti a 36 da which specifics dis Board within 30 days'of the below noted date. 42. Name of City or County (Local Governing Body) If site is located within a township, item 43 must be completed, in addition to the county signature. Signature of person receiving application 43. Name of Township Title - --- Date received (30 day period begins from this date) .:-', Signature of person receiving application X 44. Name of Person delivering application to Local Governing Body ) - Title CG -0001-02 (8/86) White Copy -Board Canary -Applicant Pink -Local Governing Body /t //,-1/_', 7 J j%,e/ /Y/9 •..•...-...�c HutHttiVIENT S�. rife/ iV.=vii 41 - -/«/J el/9-4—'0A v..,/,•J j FROM 1/21. r0 y J///J (Lessor) (Lessee) Term of Agreement This agreement made this ( day of 1r'/=« 18 _, by and between "' e //ir'/J, i f) /✓X party of the first part. Leasor. and S 7 j:;70- 1„tel/) ,(�jf''/ / J' �1 v '' oiyj party of the second pari. leasee. WITNESSETH. that the said party of the first part. In consideration of the rents and convenants herein after mentioned, does hereby hire and take from said party of the tinct pari the following described premises. situated In the County of U/9/6 %X Tho P l‘ i1//f7"c . State of Minnesota portion of the premises as described on attached site plan located at ,/72 -5e -1-/.471Z, U'S'G „WAX that shalt be used for Ic1acs UNE on eOrio 0 BINGO M GAMBLING DEVICES (Tlpboards, Pulltabs, Paddlewheels and Raffles) During the hours of.,_,_.am/pm to m/pm The parties mutually agree to the following covenants: The lessee shall pay r pV: os tent plus r e`/'/7 -;11447111 ties for each session/occasion on the following days 5‘./N,',•17 ' ' '' 2' 4 . between the following hours m /p m to _ a m /p m ;The lessee shall comply with all laws concerning the operation of gambling as written or amended by either the State of Minnesota or the Charitable Gambling Control Board. Tho lease shall run for a period of ono year. however. either party may Inform the other of its cancellation upon thirty (30) days written notice to the other. Leases renegotiated at times other than license renewal time will be furnished to the Charitable Gambling Control Board ton (10) days prior to effective date of the lease. Reasonable care shall be exercised by the lessee lot care of the furnishings used during lessee's period of rental. Dale: this 7 . day of/)y.\ 19 I in the county of Mi/07-Minnesota Lessor/Grant 8y Its �1' ✓�� �{ T1 Lessen S/ By Its --72,10,// .i1/>7 plc 4/‘. vert ATTACQIIiENTS: Site Floor Plan' and de. cription of genera; area. /"AkA.' I2 (L7G, MPLS) Location Where Charitable Gambling Will Be. Conducted. Site Address _ _-// �� r ' . ,/ i T ,1 ;ILI " city of ecigcin 3830 Pilot Knob Road Eagan, Minnesota 55122 Phone: (612) 454-3900 April 25, 1988 police department JAY M. BERTHE Chief of Police PATRICK J. GEAGAN Administrative Captain KENNETH D. ASZMANN Operations Captain TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN, CAPTAIN VIC ELLISON Mayor THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk SUBJECT: BACKGROUND INVESTIGATION FOR A MANAGER'S LICENSE AT LAFONDA DE ACEBO, 3665 SIBLEY MEMORIAL HIGHWAY This department has conducted a background investigation on Timothy Carl Cradle, 3939 Chicago Avenue South, #8, Minneapolis, MN for a manager's license at LaFonda De Acebo. From the results of this investigation we have concluded that there is no reason to preclude Mr. Cradle from managing the liquor operation at LaFonda. -70 Patrick J. Geagan Captain PJG/lb CC: Liz Witt Att: THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY CITY OF EAGAN 3830 PILOT KNOB ROAD • EAGAN, MINNESOTA 55122 Part II — PERSONAL INFORMATION DIRECTIONS: Ibis form must be filled out in duplicate with typewriter or by printing in ink by.the sole owner, by EACH partner, by EACH manager, proprietor or other agent in charge of the premises, by EACH person who by combined ownership or control has an interest in a corporation or association in excess of 5%. DATE: April , 1988 1. TRUE NAME: Cradle LAST, Timothy Carl FIRST, MIDDLE 2. RESIDENT ADDRESS: 3939 Chicago Avenue South, #8 (612) 825-6390 STREET HOME PHONE Minneapolis Minnesota CITY 55407 STATE ZIP 3. BUSINESS ADDRESS: 3665 Sibley Memorial Highway (612) 452-5411 STREET BUSINESS PHONE Eagan, Minnesota 55121 CITY STATE ZIP 4. PLACE OF BIRTH: St. Paul Ramsey Minnesota CITY COUNTY STATE 5. DATE OF BIRTH: May 7 1955 MONTH DAY YEAR x No NATURALIZED? Yes No If yes, give date and place: 6. U.S. CITIZEN? Yes 7. If you have ever used or been known by a name or names other than the true name given in #1 above, list such name(s) and information concerning dates and places names have been used: Not Applicable NAME(S) DATES, PLACES AND CIRCUMSTANCES 8. MARITAL STATUS: SINGLE MARRIED x WIDOWED DIVORCED — SEPARATED 9. If married, true name, place and date of birth and residence address of spouse: TRUE NAME: Jean Marie Breitenbucher Minneapolis, Hennepin County, April 22, 1959 PLACE AND DATE OF BIRTH 3939 Chicago Avenue South, Minneapolis, Minnesota 55407 RESIDENCE ADDRESS: STREET,CITY,STATE,ZIP CODE 10. Address(es) at which you have lived during preceding ten years. (Begin with present or last address and work back) Number and Street City and State Dates 3939 Chicago Ave. So. #8 Minneapolis, MN Oct., 1979 - Present 2423 Golden Valley Road Minneapolis, MN July, 1977 - Oct., 1979 1.•' Addresses) at which your spouse has lived during preceding ten years. (Begin with present or last address and work back) 7 Number and Street City and State SEE ATTACHED INFORMATION SHEET Dates Kind, name and location of every business or occupation you have been engaged in during the preceding ten years. (Begin with present or last address and work back) Business or Occupation Street Address,City,State SEE ATTACHED INFORMATION SHEET Nature of Business or Occupation Kind, name and location of every business or occupation your spouse has been engaged in during the preceding ten years. (Begin with present or lase one and work back) Business or Occupation Ramsey County Personnel Street Address,City,State 300 Commerce Bldg. St. Paul, MN 55101 Nature of Business or Occupation Peronnel Analyst First Bank Mpls-St. Anthony Falls Ai neapogisepNi14 Highway 36 Red Lobster Inn,d/b/a Fennimores Roseville, MN Names and addresses of your employers and partners, if any, for years. (Begin with present or last one and work back) NAMES:Partners or Employers Street Address,City,State SEE ATTACHED INFORMATION SHEET Personnel Bking. Rep. Restaurant the preceding ten Dates Names and addresses of your spouse's, employers and partners, if any, for the preceding ten years. (Begin with present or last one and work back) NAMES:Partners or Employers Street Address,City,State SEE ATTACHED INFORMATION SHEET Dates Have you, your spouse, or child of either of you, ever been convicted of any felony, crime or violation of any ordinance, other than traffic? Yes No X If yes, give information as to the time, place and offense for which convicted:: Have you, your spouse, or a parent, brother, sister or child of either of you, ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature? YesX No If Yes, give information as to the time, place and length of time. See answer to 12, 13, 14 and 15. -2- it:. 18. Have you ever been in military service? Yes No X If Yes, was discharge(s) ever other than honorable? Yes No (upon request, you may be required to exhibit all discharges.) 19. Names, residence address, business address and telephone numbers of each person who is engaged -?in Minnesota in the business of selling,manufacturing or distributing intoxicating liquor and who is nearer of kin to you or your spouse than a second cousin, whether of whole or half blood, computed by the rules of civil law, or who is a brother—in—law or who is a sister—in—law of you or your spouse. 1. Full Name None Relationship Residence Address Phone Business Address Phone 2. Full Name Residence Address Business Address Relationship Phone Phone 20. Are you a manufacturer or wholesaler of intoxicating liquor or interested directly or indirectly in the ownership or operation of any such business: Yes No X 21. Are you directly or indirectly interested in other establishments in the City of Eagan to which a license of the same kind has been issued? YesNoX 22. Are you the spouse of a person who would be ineligible for a license? Yes No X 23. What is the amount of investment that you will have in the business, including building, premises, fixtures, furniture, stock in trade, etc., and what was the source of such money? None. 24. Have you had any interest in any previous intoxicating liquor license that was revoked, suspended or not renewed? Yes NoX If yes, explain in detail. 25. Have you ever individually, or with others, made application in any municipality for an intoxicating liquor license apd had such application denied? Yes No X if so, where and what were conditions of denial? 26. Name, residence address, business address and telephone numbers of three persons, residents of Dakota County, of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character. NAME I know no references residing in Dakota County RESIDENCE ADDRESS BUSINESS ADDRESS NAME Street City—State—Zip Street City—State—Zip PHONE PHONE RESIDENCE ADDRESS BUSINESS ADDRESS NAME Street City—State—Zip. Street City—State—Zip PHONE PHONE RESIDENCE ADDRESS PHONE Street City—State—Zip BUSINESS ADDRESS PHONE Street City—State—Zip • STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA Timothy C. Cradle ,being first duly sworn upon his//s{R oath, deposes and says that he/gritt is the person who has executed the above application''and that the statements made therein are true of his/koax own knowledge belief. Subscribed and sworn to before me this So day of �� ,19 RICHARD J. GABRIEL ,44264 NOTARY PUBLIC -MINNESOTA v` V DAKOTA COUNTY MY COMM. EXPIRES JULY 11. 1990 9-11-87 CITY OF EAGAN CONSENT FOR THE RELEASE OF INFORMATION Timothy C. Cradle (name of individual authorizing release) authorize the Eagan Police Department to disclose to the Eagan City Administrator and the Eagan City Council the following information: all information collected as a result of the background investigation done for the purpose of evaluating the attached liquor license application. I understand that failure to provide this release will result in a denial of my application. I understand that my records are protected under state and/or federal privacy laws and cannot -be disclosed without my written consent unless otherwise provided for by state or federal law. I also understand that I may revoke this consent at any time except to the extent that action has been taken in reliance on it and that in any event, this consent expires automatically as described below. Specification of the date, event, or condition upon which this consent expires April 2, 1989 (expiration date) Executed this Z day of April , 1988. (Not Subscribed and sworn to before isignae of individual g me this "2 -day of April, 1988 authorizing rel ase) (Notar 4/"B. RICHARD J. GABRIEL ViR NOTARY PUBLIC -MINNESOTA DAKOTA COUNTY �. MY COMM. EXPIRES JULY 11. 1990 ti r (seal) INFORMATION SHEET 11. Address(es) at which your spouse has lived during preceding ten years. (Begin with present or last address and work back). 6/79 - 9/79 323 Fourth Street N.E., Minneapolis, MN 55414 9/79 - 9/81 225 Luverne Avenue South, Minneapolis, MN 55419 9/81 - 9/84 3939 Chicago Avenue South, Minneapolis, MN 55407 9/84 - 5/85 2210 Marshall Avenue, St. Paul, MN 55104 5/85 - 7/85 908 Grand Avenue, #201, St. Paul, MN 55105 8/85 - present 3939 Chicago Avenue South, Minneapolis, MN 55419 12. Kind, name and location of every business or occupation you have been engaged in during the preceding ten years. (Begin with present or last address and work back). (a) La Fonda de Acebo Restaurant - 3665 Sibley Memorial Highway, Eagan, Minnesota - General Manager; (b) Applebee's Grill and Bar, Ridgedale Center, Wayzata, Minnesota - Assistant Manager; (c) Esteban's Mexican Restaurant, 1400 County Road 42, Burnsville, Minnesota - Assistant Manager; (d) Restaurant Lorelei, Riverplace, Minneapolis, Minnesota Bar Manager; (e) Black Forest Inn, One East 26th Street, Minneapolis, Minnesota - Waiter; (f) First Bank Bloomington -Lake, 2800 East Lake Street, Minneapolis, Minnesota - Assistant to Director of Operations; (g) Columbia Transit, address unknown - Bus Driver. 14. See answer to #12. LaFonda de Acebo - December 28, 1987 to present; Applebee's - May, 1986 to November 22, 1987; Esteban's - February, 1985 to April, 1986; Restaurant Lorelei - July, 1984 to February 5, 1985; Black Forest Inn - May, 1982 to July, 1984; First Bank Bloomington -Lake - April 15, 1979 to May 20, 1981; Columbia Transit - March 11, 1976 to April 15, 1979. 15. Names and addresses of your spouse's employers and partners, if any, for the preceding ten years. (Begin with present or last one and work back). (a) 6/76 - 5/78 Red Lobster Inns of Amercia, d/b/a Betty Crocker Pie Shop, 66th & Lyndale, Richfield - Waitress; (b) 2/78 - 5/78 Red Lobster Inns of America, d/b/a Fennimores Restaurant, Highway 36, Roseville - Trainer; (c) 5/78 - 5/85 First Bank Mpls. - St. Anthony Falls Office, 333 East Hennepin, Minneapolis Personnel Banking Representative; (d) 5/85 - 4/87 Ramsey County Personnel, 300 Commerce Building, 8 East Fourth Street, St. Paul - Personnel Anyalist; (e) 1/88 - present Same. HAUGE, EIDE & KELLER, P.A. Attorneys al £aw TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 1260 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55123 (612) 456-9000 April 29, 1988 Mr.Tom Hedges City Administrator CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55121 RE: O'Neil lawsuits Dear Tom: PAUL H. HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN DEBRA E. SCHMIDT THOMAS P. LOWE This letter is an update on the draft Agreements and Findings regarding the O'Neil lawsuits and the City of Eagan. The City Council at its last meeting on April 19, 1988, instructed me to go over the revisions to the condemnation Agreement and the Findings to Jerry Duffy, the attorney for the O'Neils, which I have done and now received corrected drafts. My comments are as follows: A. CITY OF EAGAN VS. ROBERT O'NEIL CONDEMNATION AGREEMENT 1. A11 changes that I requested in the draft last distributed to the City Council have been accepted by Mr. Duffy and the draft Agreement enclosed, dated 4-25-88, appears to include all of them. 2. Besides a number of minor revisions, the changes included consent to be given by the O'Neils in the event of appeals regarding the declaratory judgment action and the potential assessment appeals not be unreasonably withheld by the O'Neils. This is a compromise solution to the O'Neils' demand that the City be required rather to pursue all necessary appeals in the event of decisions adverse to the City. 3. In addition, a provision in paragraph 6 that allows costs incurred by the City in an assessment appeal can be charged back to the O'Neils. In addition, I provided that O'Neils will waive any objection to assessing the O'Neil property in the event that the City then decides to assess all benefit property for the cost of the pond acquisition. HAUGE, EIDE & KELLER, P.A. 1/171'✓'lllorneys al Xaw TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 1260 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55123 (612) 456-9000 April 29, 1988 Mr.Tom Hedges r i tar PAUL H. HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN DEBRA E. SCHMIDT THOMAS P. LOWE Mr. Tom Hedges Page 2 4. One other insertion is that in paragraph 7 that the O'Neils in the event of a refund of a part or all of the $498,000 will pay interest from the date that the City's payment to the repayment. B. FINDINGS OF FACT 1. There is enclosed a copy of the Findings, dated 4-25-88, with paragraph 1 of the Conclusions on page 4 revised to provide that there is now rational and reasonable basis to support the application for rezoning and comprehensive guide revision. This replaces the former wording to the effect that the negative votes are arbitrary, capricious and unreasonable. 2. In the Order for Judgment, I've added that the Order will not be admissible in any Court proceedings involving the property without further Order of the Court. C. O'NEIL VS. CITY OF EAGAN AGREEMENT REGARDING ZONING There are no changes from the draft that was submitted with my April 14, 1988 letter. The O'Neils have been very persistent in getting the matter back on the Court calendar and have scheduled a hearing for Wednesday, May 4th, before Judge Mitchell. Their current approach is that if the City Council doesn't approve the Agreements on May 3rd, that they will then begin trial on May 4th, which is not logical in light of the fact that Judge Mitchell has generally allowed enough time to allow the parties to be prepared fo a commencement of trial. ruly yours, PHH:me enc. Paul H. Hauge 9t.7-5-66 STATE OF MINNESOTA COUNTY OF DAKOTA LAND USE DISTRICT COURT FIRST JUDICIAL DISTRICT Robert J. O'Neil and Grace Court File No. 100106 O'Neil, husband and wife, Plaintiffs, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT vs. City of Eagan, a municipal corporation, Defendant. This matter having come on for hearing before the above named Court pursuant to the request of Gerald S. Duffy, Suite 1350, 100 Washington Square, Minneapolis, Minnesota, as attorney for Plaintiffs, and the Defendant having withdrawn its Answer and having consented to Plaintiffs proceeding to a hearing on this matter as a default judgment, this Court makes its determination as follows: FINDINGS OF FACT 1. Plaintiffs are husband and wife and reside at 2040 Edgcumbe Road, St. Paul, Minnesota. 2. Defendant City of Eagan (the City) is a Minnesota municipal corporation located in the County of Dakota, and organized and existing under the laws of the State of Minnesota. 3. Plaintiffs are the fee owners of a parcel of land consisting of approximately 122 acres (the Property) which is situated entirely within the corporate limits of the City and which is legally described on Exhibit A attached hereto and incorporated herein by reference. 4. The City is governed by a five (5) member City Council (the Council) and a seven (7) member Advisory Planning Commission (the Commission) and staffed by, among others, a City Administrator, a City Engineer and a City Planner. 5. The City has from time to time passed various ordinances governing land uses within the City limits (Zoning Ordinance). 6. Prior to July 16, 1985, the Property had mixed zoning in accordance with the Zoning Ordinance. On the north end there was approximately 20 acres zoned R -IV (residential multi -family) and an adjacent area immediately to the south, along Yankee Doodle Road, which was zoned A (agricultural). The agricultural zoned property consisted of approximately 102 acres. 7. Prior to July 16, 1985, the City had adopted a Comprehensive Land Use Guide Plan (Guide Plan) which designated the Property R -III (mixed residential; six (6) to twelve (12) units per acre). -2- 8. On May 28, 1985, Plaintiffs presented an application to the City to rezone their Property Planned Development (PD) and requesting an amendment to the Guide Plan consistent with the proposed rezoning. 9. Subsequent to the application for rezoning, Plaintiffs and their representatives appeared before the Planning Commission and City Council which heard testimony relating to the proposed rezoning and Guide Plan amendment. 10. On July 15, 1985, the Plaintiffs submitted a revised proposal for rezoning the Property to planned development. A copy of the revised proposal is attached hereto as Exhibit B. 11. On July 16, 1985, the City Council in a public hearing took testimony relating to Plaintiffs' application to rezone their Property to planned development in accordance with Exhibit B. After the public hearing was held, the City Council voted three (3) to two (2) to approve the application for rezoning to planned development and the amendment to the Guide Plan to coincide therewith. The request to rezone the Property failed because it did not have the requisite two-thirds (2/3) vote of the Council required by law. 12. Plaintiffs commenced this action to contest the denial of their application to rezone their property and to amend the Guide Plan. Plaintiffs contend that the two (2) -3- negative votes, one (1) by Councilmember Egan and the other by Mayor Blomquist were arbitrary, capricious, unreasonable and discriminatory. 13. On December 17, 1985, the City served its answer in this matter. 14. The City Council voted unanimously to rezone the property in accordance with Exhibit B. 15. The City Council voted unanimously to direct its legal counsel to withdraw its answer in this matter and to allow the Plaintiffs to proceed with a default judgment. 16. This Court has reviewed the entire transcript of proceedings involving all of the public hearings held by the Planning Commission and City Council on the Plaintiffs' application to rezone its Property to planned development and to amend the Guide Plan accordingly. CONCLUSIONS OF LAW 1. Based upon the entire Record of Proceedings, all of the pleadings previously filed herein and the testimony in open court, the Court has concluded that there is a rational and reasonable basis to support the application for rezoning and comprehensive guide revision according to the revised proposal depicted on Exhibit B. 2. The highest and best use for Plaintiffs' property on July 16, 1985 is that depicted on Exhibit B attached hereto. -4- 3. The,Plaintiffs are entitled to have their Property rezoned in accordance with Exhibit B and to have the Comprehensive Guide Plan amended in accordance therewith. ORDER FOR JUDGMENT 1. That the City Council is directed to rezone Plaintiffs' Property in accordance with Exhibit B within thirty (30) days of the date of this order. 2. That if the City Council fails to rezone the Property in accordance with this order, the City will be permanently enjoined from enforcing its zoning ordinance in any manner inconsistent with the use by Plaintiffs of their Property in accordance with Exhibit B. 3. This order shall not be admissible as evidence in any court proceedings involving the property without further order of this court. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: , 1988. Judge of District Court -5- 36042588 15690D.001 IH.03 STATE OF MINNESOTA COUNTY OF DAKOTA Case Type: CONDEMNATION DISTRICT COURT FIRST JUDICIAL DISTRICT City of Eagan, a municipal corporation, Court File No. 99860 Petitioner, v. Robert J. O'Neil and Grace O'Neil, husband and wife, Federal Land Bank of St. Paul, County of Dakota, and all other parties unknown claiming any right, title, or interest in the hereinafter described property, Respondents. AGREEMENT THIS AGREEMENT entered into this____ day of , 1988, by and between Robert J. O'Neil and Grace O'Neil, husband and wife (O'Neil), of 2040 Edgcumbe Road, St. Paul, Minnesota, and the City of Eagan (City), a municipal corporation, located at 3830 Pilot Knob Road, Eagan, Minnesota. RECITAL S: WHEREAS, O'Neil is the fee owner of a parcel of land consisting of approximately one hundred twenty-two (122) acres (the Property) which is situated entirely within the corporate limits of the City of Eagan, and which is bounded on the south by Yankee Doodle Road, on the west by the I -35E alignment, and on the east by Lexington Avenue. The property is legally described on Exhibit "A" which is attached hereto; and WHEREAS, the City commenced condemnation proceedings of certain portions of the O'Neil Property for ponding and utility purposes in approximately August, 1985, in Dakota County District Court, under File No. 99860, the legal description of the ponds is attached hereto as Exhibit D; and WHEREAS, the Dakota County District Court entered an Order on November 18, 1985, approving the Petition for Condemnation and appointed commissioners to determine the amount of damages that will be sustained by the owners on account of the taking; and WHEREAS, the Report of Commissioners dated September 29, 1986, and was served on Respondent on September 30, 1986. Said Report awarded the owners by reason of the taking damages in the amount of Six Hundred Sixty-four Thousand Five Hundred and 00/100 Dollars ($664,500.00); and WHEREAS, on September 30, 1986, Respondent O'Neil served and filed a Notice of Appeal by mail; and WHEREAS, on October 17, 1986, City served and filed its Notice of Appeal by mail; and -2- WHEREAS, the condemnation proceedings is now awaiting the scheduling of a trial date; and WHEREAS, one of the primary purposes of the acquisition of the easements required for the storm sewer holding ponds and utility easements was to fulfill the requirements provided in the Planned Development Agreement entitled "Eagan Heights Commercial Park Planned Development Agreement" dated June 6, 1985, between the City of Eagan and Eagan Heights Commercial Park, and the Development Agreement between the City of Eagan, Federal Land Company, and Hillcrest Development dated May 7, 1985, for the development of Town Centre 70, wherein certain ponds were required for the storage of storm water on the O'Neil Property for the development of the Eagan Heights Commercial Park and Town Centre 70; and WHEREAS, Eagan Heights Commercial Park, a Minnesota general partnership, Eagan Town Office Building Partnership, a Minnesota partnership, and Federal Land Company, a Minnesota general partnership, Vernon R. Colon and Martin F. Colon, partners, as managing partner (all of the above collectively referred to hereafter as "Federal Land") have commenced a separate action for declaratory judgment against the City alleging anticipatory breach of the aforementioned Planned Development Agreement and Development Agreement on -3- the grounds, that the City intends to settle a rezoning lawsuit with O'Neil (which is found at Dakota County District Court File No. 100106). A copy of that action for declaratory judgment is attached hereto as Exhibit "B"; and WHEREAS, the City has brought a Counterclaim to said Action by Federal Land, seeking a Court Order that the Agreements covering Eagan Heights Commercial Park and Town Centre 70 described above are valid and that the applicable land owned by the Developers of each can be assessed for the cost of the pond easements on the O'Neil property; and WHEREAS, pursuant to the development agreements, the City intends to assess approximately 94.3 percent of the total costs related to the acquisition of utility and ponding easements, in addition to the construction of the storm sewer holding ponds against Federal Land; WHEREAS, the parties wish to limit their respective exposure and claims in the condemnation proceeding without admission of liability and for the purpose of resolving the vagaries of litigation and by their piece; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agrees as follows: -4- 1. The parties acknowledge that O'Neil has received from the City, pursuant to Minnesota Statutes, Section 117.155, 75 percent of the award of the Commissioners or approximately Four Hundred Ninety-eight Thousand and 00/100 Dollars ($498,000.00). 2. The City shall diligently pursue its defense of the declaratory judgment action brought by Federal Land over the assessability of the costs related to construction of the storm sewer ponds, as well as its prosecution of its Counterclaim therein, including the exhaustion of all available appellate reviews. If the City decides not to prosecute an appeal, it will notify O'Neil. If O'Neil disagrees, the parties agree to consult with a retired judge to be agreed upon by the parties for advice on the efficacy of appeal. If the retired judge concurs with the City's decision, O'Neil can require the City to appeal thereafter only if they pay all of the City's costs incurred on the appeal. The City shall, at its expense, obtain the services of a Counsel or its Consulting Attorney to defend it in the declaratory judgment action and to prosecute its Counterclaim therein. Said Counsel shall be selected by the City from a list of qualified attorneys, to include its Consulting Attorney, submitted to the City by O'Neil, see -5- Exhibit "C" attached hereto. The City shall not settle that case, or any part thereof, without the consent of O'Neil, which consent shall not be unreasonably withheld. 3. The City shall bring a motion to accelerate the trial date of the declaratory judgment action brought by Federal Land in order that the declaratory judgment will proceed to trial and be determined before the condemnation case. 4. The parties shall bring a motion before the Honorable Jack A. Mitchell, Judge of the District Court, on the condemnation action to have it heard after the declaratory judgment action has been finally determined. 5. In the event the City is awarded judgment, or otherwise prevails, in its above -referenced declaratory judgment action (Exhibit B) and counterclaim against Federal Land, the City shall be obligated to pay O'Neil the greater of the following amounts: (a) One Hundred Thousand Dollars ($100,000.00), or (b) the full amount to which O'Neil is legally entitled as a result of jury verdict, settlement, or any other resolution of the condemnation action, in the manner provided by law, and the City shall thereafter recover from Federal Land the percentage of such payment to which it is entitled pursuant to the development -6- agreement(s,) between the City and Federal Land after completion or termination of the declaratory judgment action (Exhibit B). 6. The declaratory judgment action (Exhibit B) involves the enforceability of an agreement which, inter alia, was intended to resolve how much Eagan Heights Commercial Park and Town Centre 70 had to reimburse the City for costs related to the acquisition of storm sewer holding pond and utility easements through condemnation on the O'Neil Property. If that agreement is unenforceable for any reason, the City still may recover its costs in acquiring the easements and constructing the storm sewer holding ponds through its statutory right to assess all of the benefited properties. In the event the agreement is unenforceable, the City shall take such necessary action deemed proper by it to assess all properties benefited and upon completion of the assessment process, use all sums thereby collected to pay to O'Neil, the full amount to which O'Neil is entitled as a result of jury verdict, settlement or any other resolution of the condemnation action, less the costs incurred by the City in collecting such amounts. O'Neil shall execute a waiver of any objections or rights to appeal storm sewer assessments for its proportionate share of the costs for easements and ponds contemplated herein. -7- The City may at its expense defend the validity and the amount of its assessment against any challenges or appeals to district court, including the exhaustion of all available appellate reviews. The City shall not settle any assessment case, or any part thereof, involving the costs of the storm sewer holding ponds on the O'Neil property without the consent of O'Neil which consent will not be unreasonably withheld. Once the amount of the assessment against the benefited properties has been finally determined, the City shall pay that amount to O'Neil. If the final amount assessed is less than One Hundred Thousand Dollars ($100,000.00), then the City shall pay O'Neil the sum of One Hundred Thousand Dollars ($100,000.00). The City shall use its best efforts to ensure that all actions required under this paragraph are completed at the earliest possible date. 7. If pursuant to either paragraph 5 or 6 of this agreement the City is required to pay O'Neil an amount less than Four Hundred Ninety-eight Thousand and 00/100 Dollars ($498,000.00), then O'Neil shall pay to the City the difference between Four Hundred Ninety-eight Thousand and 00/100 Dollars ($498,000.00) and the amount the City is required to pay O'Neil. In addition, O'Neil shall pay to -8- the City interest at the then statutory rate on the amount refunded from the date of original payment by the City to the date of the repayment. In the event O'Neil sells or otherwise conveys title to the property prior to the resolution of all of the issues contained in this paragraph, they will cause the amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00) to be escrowed pursuant to the terms of an escrow agreement similar in form to Exhibit E attached hereto. 8. The parties hereto acknowledge that this agreement is intended to resolve issues between the parties hereto only. Nothing contained herein shall in any way reduce the amount any other party would owe to the City or O'Neil for the City's action in taking O'Neil Property for storm water ponding. 9. The parties specifically agree that the fair market value of the Property shall be determined in accordance with Minnesota law. 10. The parties mutually agree to covenants of good faith and fair dealing in effectuating the terms and condition of this settlement. 11. The parties specifically agree that evidence regarding the rezoning of the Property shall be admissible at the trial of the condemnation action, unless the use of that evidence has been prohibited by a final determination in the declaratory judgment action (Exhibit B). -9- 12. The undersigned include all persons, firms or corporations that hold an interest in or are involved in this agreement and the undersigned officials are authorized to sign this agreement and to bind the respective parties. 13. Each of the parties hereto has read this Agreement and has received a copy thereof and agrees to execute any and all documents necessary to implement the terms of this agreement. 14. The undersigned hereby agree that this Agreement will not be recorded with the Dakota County Recorder until after the condemnation action has been finally determined. 15. The undersigned hereby agree that this agreement shall run with the affected land described in Exhibit "A" and bind the heirs, successors and assigns of such land until terminated by written agreement of the parties hereto. 16. Notices required or authorized to be given hereunder, until written notice of changes of offices or addresses is given to all parties concerned, shall be given as follows: City of Eagan 3830 Pilot Knob Road P. O. Box 2119 Eagan, Minnesota 55121 Robert and Grace O'Neil 2040 Edgcumbe Road St. Paul, Minnesota 55116 -10- CITY OF EAGAN By: Its Mayor Attest: Its Clerk Dated: Robert J. O'Neil Grace O'Neil Dated: APPROVED AS TO FORM: Dated: HAUGE, EIDE, KELLER, P.A. By: Paul H. Hauge Attorney Reg. 42304 Attorney for City of Eagan 1260 Yankee Doodle Road, #200 Town Centre Professional Bldg. Eagan, MN 55123 (612)456-9000 Dated: OLSON, GUNN AND SERAN, LTD. -11- By: Harold H. Sheff Attorney Reg. 100018 Attorney for Robert J. O'Neil and Grace O'Neil 315 Peavey Building 730 Second Avenue South Minneapolis, MN 55402 (612)339-8846 STATE OF MINNESOTA) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1988 by Robert J. O'Neil and Grace O'Neil. Notary Public STATE OF MINNESOTA) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1988 by Victor L. Ellison, the Mayor of the City of Eagan, and E. J. VanOverbeke, the City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the City. Notary Public MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MAY 3, 1988 A regular meeting of ::the Eagan City Council was held on Tuesday, May 3, 1988 at 6:30 p.m. --at the Eagan Municipal Center. Present were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, Assistant City Planner Jim Sturm, Consulting Engineers Bob:Rpsene and Mark Hanson, and City Attorney Paul Hauge. AGENDA.. Wachter moved, Gustafson 5ecoride"d the motion to approve the agenda as presented. All voted yes. MINUTES April 19, 1988 - Regular Mae:t: t g...- : Upon motion by Egan, seconded Wachter, it was resolved t.h:ah:et:inutes as prepared for the April 19, 1988 regular meeting .13e approve:d:; as drafted. All voted aye. CITY'S': TEEl( City Administrator Tom Hedges explained that Mayor Ellison had proclaimed the week of May 1 through 9, 1988 as City's Week in the City of Eagan. Mayor Ellison indicated that one purpose of City's Week is to honor volunteers, noting that 70 to 80 volunteers had appeared for the Arbor Day.:.C:e:11.0brat.jo:m::::at Quarry Park. FIRE DEPARTM>JNT - FIRE STATION #4 AND #5 City Administrator exp:1eVtha::t the April 19, 1983 regular City Council meeting, .iiii:e6I2S"1104.0s made to proceed with Fire Station No. 4 construction, realizing that the cost was higher than the amount identified in the Fire Station Referendum. Direction was given for the Administrator and Fire Chief to determine to make recommendations for an additional revenue source from either the fund balance or future gene.!:rdbudget commitment. It is expected that the actual co .t:::::: will:::::;::be approximately 9 1/2% greater than the $1,850,000.00 borreferenduii 1 May 3, 1988 Chief Southorn was also present and reviewed with the City Councilmembers the proposed funding sources. The recommendation was made that the City Council appropriate from the fund balance resulting from the surplus, rather than treat the over -runs as a general fund obligation and repay the incurred debts/overage in the 1988/1990 operating budge.:t:5:;::::::::;Lan O:sts had increased substantially as well as the building , - :fdehI it gs and equipment. Wachter moved, Gustafson seconded the mo:t:on to approve the additional cost for Fire Stations 44 and #5 fm the Fund Balance generated each year as surplus rather than the general fund. All councilmembers voted yes. PUBLIC WORKS DEPARTMENT 1. Dump Truck Vehid1-4 #14:3::. The specifications for vehicle #143 consisting of plopacka.g:e equipment have now been completed and it was recommended that theouncil approve the specifications and authorize the advertisem.. en.t�for_bid opening to be held at 10:30 a.m. on June 1, 1988 : �a:: ::th: C;ty::::Center. Egan moved, Wachter seconded the motion to approve -the `red6mmendation to authorize the advertisement for bids. All members voted yes. 2. Sperry Reservoir - Repainting - City Logo. Public Works Director Tom Colbert explained that.. the repainting of the Sperry Reservoir will be completed shortly.:.::a:na :the Public Works Department requested direction from the C.o.une::1:1:::::as to the whether the City logo should be painted on the ..: r:e:se:r: oir::: Alternates included standard City logo and name on t:Y:i:r.e:e sides:i:: Member McCrea favored the logo only, Councilman Egan questioned 'whether the logo would be a dignified symbol, Councilman -G6 of :nn. favored the logo and the name, Councilman Wachter preferred :h name only and Mayor Ellison the name only. Egan moved, Wachter= seconded the motion that the "City of Eagan" only be painted on the Sperry reservoir. All voted in favor. There was also discussion whether the logo and name should both appear on the proposed City.:::f:1:ag and:::::z.t was decided that both would be included. ::::CONSENT AGENDA The following consi: recommended to be approved: ::::items were submitted and 1. Personnel Items. a. Planner I. It..::::w :s::::::::r:ecommended that Kristy Marnin be hired as a Planner I, subje :to''SU:Ccessful completion of the City's physical examination requit.epent. 2 May 3, 1988 b. Seasonal Park Attendant. Susan Johnson was recommended to be hired as the seasonal park attendant. c. Seasonal Ball::f:i:eld Attendants. Brent Eichten and Paul Frank were recommended to be hired as seasonal ballfield attendants, and David Carney as a::::::c:oiii:bl.n t:::pIri:::::: seasonal ballfield and park attendant. d. Seasonal Parkaintenance Workers. Recommendation was made by the staff that Troy Christopherson, Michael Finnegan, Hugh Peterson, John VonBank, Brent Tait, Gary Rutherford, Rob Thometz, John Tracy and Paul Dunn be hired as seasonal park maintenance workers. 2. Mayor's Fishing :::::Clpenet:::::: Proclamation. Mayor Ellison, in conjunction with the :IDparttnt of Parks and Recreation has scheduled i4ey 15, 1988 at::the Mayor's Fishing Opener at Fish Lake and he approved a Proc.lama.t.i.on._scheduling the Mayor's Fishing Opener. 3. Pine Ridge 2nd Addition - Final Plat. The application for final plat approval of Pine Ridge 2nd Addition was submitted and staff recommended approval of the application subject to compliance with City requirements. 4. Radio Equipment - Surplus:>::!:o erty. Recommendation was made by the staff to declare twa:o:nso :es, recorder and the bay station as surplus property in the: tsolice :d:epartment and that the equipment be donated to the MinnesotaVaTech Administration for use in their Communications Training Program%:, 5. Field Stone Trail - Project 4532. In response to a Petition, the feasibility report was prepared for Project 4532 and it was recommended that the Council receive the report covering Field Stone Trail street and sidewalk and schedule a public hearing at City Hall on June 7, 1988 at 7:00 p.m. 6. Carlson Lake - Lif :::S:ta>t on:::`Up.jrade - Project #535. It was recommended that the fea.soilitreport for Project 4535 consisting of Carlson Lake lift station upgrade be scheduled for public hearing for June 7, 1988 at 7:00 p::m. at:the Eagan Municipal Center. 7. Sill Addition - P:tj:::t::::::::5:4{#::::::: It was recommended that the Council accept the Petition and authorize the preparation of a feasibility report and detailed plans and specifications for the Michael Sill Addition street and storm sewer improvements under Project x#540. Councilman Wachter mo:e< ti:u:ne;ilperson McCrea seconded the motion to approve the foregoing consent agenda items and authorize their implementation. Alioted yes. 3 May 3, 1988 CEDAR CLIFF COMMERCIAL PARR 2ND ADDITION - PROJECT #452 Mayor Vic Ellison conic :eed the public hearing regarding Pond AP - 50 outlet in Cedar Cliff Commercial Park 2nd Addition consisting of Project #452. Mr. Colbert:tehe project and Mark Hanson of the firm of Bonestroo, Ro:sete':a:ria: Aii:d:erlik, explained the report in some detail. He noted tha:t: the Park Commission had reviewed the proposal on April 7, 198:6:::;: and made a recommendation for approval with certain conditions He also reviewed the background of the project, indicating that two hearings had been held on the project at earlier times. A letter from Federal:::::Land Company dated May 3, 1988 had been delivered immediately p:r::r:or to:::::the Council meeting and distributed to the Council members, geier ally: obj ec ting to the project. Mr. Hanson explained the drainage aria and the details of the project, proposing that the storm ,sewe.z._line run northerly from AP -50 through Rahn Park. He noted:::t:hahi:eti:5t of the previously approved location would be$60,000:_.Ooto.;.$10-;.0(Ji7-:00 additional because of the extra depth if the Cliff Road alignment were utilized. Charles Bartholdi was present on behalf of Federal Land Company and explained the objections, indicating that Federal Land felt it had a firm commitment from the City.,.:.:::t= t the current proposal was not necessarily lower in c.oW::::::::::nd there would be excessive destruction of landscape....an::r:ge::::oaks on the Federal Land Company property. He stated thatDavid French of the University of Minnesota had examined the..:a:r:a:....whe:re the construction was expected to take place and had est:31:e:the damage to tree loss as $47,000.00. He noted also that theq re trenching recommended by the Park Commission would be a more expensive method and that the cost of easements was not computed in the differential. Other objections included removal of the tree buffer, that the current proposal would not benefit Federal Land Company property, and that the Cedar Cliff owners were the actual benefited owners. Tom Colbert responded :.t©::::tYi:::.:::i:sti:a:s raised by Mr. Bartholdi and noted that at the Decembe, 19:$'7.: meeting, the Council approved the project but that FederaiLand then objected to the assessments and requested that no assessmoflts sh:a1:1 be levied until the property is developed, whereas, Mr. Co;lb.e.rt.e.d he understood that Federal Land had no objections pr i:4:t>::t4 At the first hearing, two alternates were reviewed, including Alternate A, which was the Rahn Park alignment, and Alternate B, through the Federal Land Company property. When the zoning application for the Federal ,L4.04 :Caiupany property was denied, it was determined that neither Alteio:t Alternate B was feasible. 4 May 3, 1983 The staff and consulting engineers have now reviewed the long- term storm sewer outlet needs for the general area and determined that the current proposaas feasible for the _long-term. Mr. Colbert explained it was:ae..tually less costly, the loss of trees had not been reviewed in detail but the majority of the trees are not of significant size, and the::f: sit: 1::I.: would be retained. He also indicated that in his opi ion ti4t:orm sewer outlet would benefit the Federal Land Compa:ny. property because the majority of that parcel drains into Pond A.=50. The Cedar Cliff property owner had prepaid their storm sewer assessments in order to help finance the proposed project. The assessments are standard for comparable uses in the City and Federal Land is being assessed an::::Agriculturally zoned rate, based on its current zoning. Dr. David French 0 -rade :: presentation and reviewed the information in his lett.ez..o.f.._Apri1..23.,. 1988. He explained that in his opinion, most of the :t:e:s .j ::::fie:taken by the construction. Councilman Wachter questioned the age of certain of the oaks, and Dr. French's answer was somewhere over 100 years in age, but he had not bored thein to determine their age. He said he could detect no oak wilt and admitted, upon questioning by Councilman Wachter, that the oaks may be saved th.r.a.t h the construction process, possibly by tunneling under the�n::::: Councilman Egan askedabout th:e:: impact of the proposal on the Federal Land property at::::t »:.:..no.rthwest corner noting the original proposal provided for an offf&&15.0:ing • Mr. Bartholdi explained that the intention had been to preseetve::::the vegetation in that area. Mr. Egan also asked if Dr. French's` estimates were correct, would the cost still be less. Mr. Colbert's answer was yes, and that damages should not be only for the trees individually, but that there would be some remaining buffer and that the contractor could restore the area with an effective buffer. Mr. Colbert also no:ec3:: :t:ha:t:::::::::tYz? 23 foot cut through the northerly route is thenximum:::::e:ut, whereas 40 foot is the maximum cut along Cliff Road. Mr. Hanson also pointed out that the major oaks are generally along :::::the q:operty line and the intent is to avoid those trees if pb�:�tk��::.:.:.:.:He:.:.:also explained that the route through Rahn Park is genet Ill:::qui:3:fiallow and tree saving is possible. The drainage onto Federal Land property from a culvert, running northerly under Cliff Road, will not change and the drainage would continue to flow to Pond AP -50. Mr. Colbert explained the urgency in proceeding with the project because of the potential overflow of AP -50 -with heavy..:: its:::::::.:.. McCrea moved, Egan sec:anted the 'in-.oion to close the hearing, to approve Project #452 aridto authori. e the preparation of detailed plans and specifications:::::: and acquition of easements through condemnation with the a:p:pointm:ent:;::i:: an appraiser if deemed necessary. A11 councilmembziavor. 5 May 3, 1988 BLACKHAWK POND - SANITARY SEWER LIFT STATION - PROJECT #534 The next public hearing convened by Mayor Ellison concerned sanitary sewer lift statp0iid::::r:estoration under Project #534 in the Blackhawk Pond area:: >After:::Introduction by Mr. Colbert, Mark Hanson detailed the proje:e:t in his report, including costs and stated that there would tie:::: no assessments proposed because the area has been assessed for sanitary sewer trunk purposes. There were no objections and Wachter moved, Egan seconded the motion to close the hearing, to order in the project, and authorize the preparation of detailed plans and specifications. All members voted affirmatively. ST. JOHN NEUMANN - K::::OF C - GAMBLING LICENSE An application of St. ..John ....Neumann and Knights of Columbus for pull -tab gambling licenze:::::Food and Liquor came next to the Council. The police deps'rtm*entrep-ort by Captain Pat Geagan indicated that there was no criminal reason to preclude the license being issued. Ron Leif of St. John Neumann was present and explained the application and answered questions. Member McCrea stated she was not pleased with gambling but it was important that local organizations be involved. T.h:e::::layor also supported the local City organization. Member .G.u:s:ta:f :tri stated that less than 100 of the gross proceeds goes ..:::t.o::::::::ch y but he would support the application. Gustafson moved, Egan .sd:C:pbc:ed:.:...••the motion to approve the application as submitted. All meMb:e:r_:5:::w:oted yes. Mary O'Hara Anderson for the Metropolitan Center for Independent Living appeared and stated that her organization has received money from the MS Society and that 7 people living in Eagan are now being served. She explained the positive work being done from funds from charitable gambling and sugg:a.s:t:ed that.....:.a portion of the proceeds be used to serve persons wi:t:4:::3::0b:i:1::k.:t:ies. Councilmembers explained that the Valley Lounge li z se ciO.Ald be transferred at the request of the operator of the VaIley Lounge. CRYSTAL::1?Q:NP :-MINARY PLAT The application of Asp Construction Co. for preliminary plat approval of Crystal Ponds Addition consisting of 137 rental apartment units on 13.47 acres on the south side of Highway #55 and north of the Bur Oak Park are.a::::ca4ee:o the council. The property is zoned R-4 (Multiple) and LaiU.s 5agnates the area R -I under the previous designation and ommended.::::p:-III under the 1987 amendment to the Guide Plan. Mr. .:.:.iedges int:t:oduced the application and described the two Plannin::: Commission::::: hearings with the Planning Commission at its April meeting.,r.esu-l40g in no recommendation, with a 3 to 3 tie vote. 6 Slav 3, 1988 Jim Sturm, the Assistant Planner, reviewed the original plan, the terrain and the adj:r :ping uses with single family on the south and west and general busi:re*ss on the east. The original plan would include 10 units per acre and cul-de-sac variance was required. The revised plan eia is iiate:d:< two apartment buildings with reduction in 16 units :.:::resulting in a net density of 9 units per acre, and the cul-de-sacs:: ppeared to conform with the maximum Eagan Code lengths. Issues that were also discussed at the Planning Commission included upgrading of the service road by the developer, the feasibility of adding add:.z::tional exterior brick and it as noted the developer has now agreed :20 30%terior brick coverage and further, that it will pay for itsport 4b of the frontage road adjacent to its project. The recommendation:::was also made that the Metropolitan Council noise contour regulat.i.Qn_s be adhered to within the project. Gary Gandrud, attorney for -Asri Construction was present and explained that the property had been zoned for multiple dwelling for 15 years, and the Comp Guide provides for multiple residential use. The developer is accommodating all of the requests except for the revision of the zoning. Fencing, brick exterior, the removal of 16 units and two buildings, and additiO:al road construction were also agreeable to the developer. H.?..;.;a:l.sodi'scussed the potential buy - down of the zoning and state: :tha:t:: the developer may entertain the concept but it could be very dostly:.to the City. Richard Asp was present- ::::::::: e-zi.ewed the project, indicating there would be 31 one -bedroom °u:riz:t:s:::;and 90 two-bedroom apartment units. Vinyl siding was proposed .with brick along the front entrance and side and he would agree to the noise restrictions. Councilman Wachter asked Mr. Asp if R-1 is feasible and Mr. Asp stated he had considered it, but the plan is for multi -family use. Mr. Wachter also suggested:tha.t..:.:.:.:.:.:the new internal street configuration be changed, .:$::ii3::::`::: ncted that the City could allow up to 10% grade so that tli:e elo:nc.ted configuration of the internal street could be changed. Kathy Brazeau, 3239 Ra:n:d.o. .;.;.;.::B ad.-.-..:a;ppeared and objected noting a major concern related to t '6::g:rai:e::0: :::::the frontage road. The buses on the street and narrow width are a problem which creates safety issues for the children. Dwight Larson of 3225 Random Road was opposed and strongly recommended widening the f. r:©:nt:age;:;:_ road towards Highway #55 which would constitute a traffic : a:td-':ifnot accomplished. He also explained that there would::::be no further parking possible on the frontage road if the development i:s:: approved . He indicated that Mayor Ellison had distr:::buted a c ij.estionnaire asking about residential preferences. 7 May 3, 1938 Jerry Groth, 642 Rita Court, stated the access road is already congested, narrow and : ....hazard at Random Road. He recommended studying the service roadfore approval of the project. Don Chapdelaine, 575 'G:i::p1::::ane:{:::::r;ited a potential devaluation of the neighboring property: he'su-ggesting additional plantings and noted the fence will detet:i:orate and recommended both fence and landscaping. Mayor Ellison noted that landscaping was preferable to fence for the buffer, and Mr. Sturm stated that normally the staff recommended landscaping including 6 foot pines, but the fence would stop the children from walking thr:t:ugh the neighboring property to the south. Joe Boche noted there::: tas ve.y little play area for the children and the project would restrict a:vailable ball field area. The owner at 613 Sally.:.:r::l::e::::::::s:ked: if MnDOT had been asked to evaluate the access for ..raffit..putposes and recommended a ruling from MnDOT prior to any construction. Bill Baumann, 3245 Highway #55, appeared objecting and asked whether the developer had contacted the West St. Paul Schools about the additional children, and was concerned concerned about the air corridor sound impact. Ron Hoff argued the ;iricreased :::::traffic could not be handled on the frontage road with 9 homes requiring parking along the frontage road. Mr. Colbert noted that Randdt:::Road and the frontage road have poor visibility so a 3 -way stop was'::is:talled. The owner of 3265 Highway #55 explained the frontage road is only 22 feet in width and improvements could be very expensive. Lynn Larson, 3225 Random Road, objected that access to Highway #55 is not adequate and .t . :::accepoints from the project to the frontage road increases thr:a::p:ablem. Gail Ahlberg, 555 Chapel Lane;. explained that the R-1 would be surrounded by R-4 and :that the e is also inadequate feasible park space in the area. Councilman Egan asked how the frontage road could be improved and Mr. Colbert stated the current width is 22 feet, down to 17 feet at the east end and it must be upgraded if the project is approved. On -street parking is also a concern. The options include the frontage with a one-way only.:.:99hi:o.uld be inconvenient for certain persons and a small cul-de-:s:a: ::: ori rontage road with access from the project exclusively WHghway 8 May 3, 1988 Mr. Gandrud answered that the developer would accept either the one-way proposal or the cul-de-sac. Mr. Colbert upon question, noted that MnDOT has not :4gswered the notices that have been sent to it.... Mr. Gustafson asked 44t Colbert stated that possi considerable expense. could be widened, and Mr. :.ould, but there would be Councilman Wachter asked how many trees would be removed and Mr. Asp's answer was that no trees would be saved around the pond. Councilman Wachter was opposed to the use of vinyl siding and noted that it cracks and fades. He did not favor the project and stated the R-4 zoning was allowed:::: simply to extend the higher density use on the Shaaf site. Mayor Ellison stated :that he:::::: was opposed to the R-4 zoning and in very few instances ..does_-...the......zQning move from an R-4 to R-1 directly. He recommended::: t:h:at::::the::::proj::ect not be approved until the following is determined: 1. MnDOT should give an answer to frontage road access and improvements. 2. The quality development i.nd:iesators are being considered by the City and recommended dela. y.::: .E11:. -the final decision is made on the quality controls. Councilman Gustafson was ::::::::q:p:posedd to more apartment units but noted that the proper reasons cited for denial. He favored preserving the parcel for park' :::vuttioses but there would be considerable expense in doing so. Until the traffic issue was resolved, he would not vote in favor. Councilmembers McCrea asked the distance from the nearest apartment building to an R-1 home and noted that the project is not the typical 3 -story apartmegild.a.ng.;.but consists of 8 units with 9 unit density which is She noted the developer had made compromises but that::::t:he street did not appear to be adequate. McCrea moved, Egan ::: econd:00. the motion to continue the application in order ti::::::.:.1:1QYv:::.te:.:.:taff to review the cul-de-sac option, to request a repo ase::::ftb.t12::::::::MnDOT regarding the access alternatives and safety issues and that the Council reconsider the application at its June 7, 1988 regular meeting. All members voted affirmatively. 9 May 3, 1983 PONDVIEW ADDITION - REZONING City Administrator To:m::::Hedges explained that since the April 19, 1988 City Council meeting::::::staff members have initiated a number of meetings with representatives of Fairview, TXI, First Bank, the Reid family and Ron Cornwell r:e:q:ardi : :h proposed Pondview Addition on the west side of Pilot Ki'iob-Roadl' TXI explained its concerns regarding certain conditipOs of the Planned Development Agreement and Fairview was givenity Council approval on April 19, 1988 to begin construction throughissuance of a building permit, with the understanding that the PD Agreement will be eventually executed by the proper parties. The timing of the final portion of the development was the main objection of TXI. The conclusion is tha:t:::. an :;:agreement could not be reached and staff recommended that aew p1::a:h be initiated by the City Council, and that the City Councilchedue a hearing before the Advisory Planning Commission at i.ts.....rMay 2?,.._._1983 meeting to consider a reduced planned develops e:ri:t:::::a:r ::::::to:::::e:xpedite the Fairview project. TXI property would not be `invb.Iti'edand"Fairview could proceed with its excavation. Tom O'Connell of Fairview Hospital was present. McCrea moved, Egan seconded amendment process and schedule:.: Planning Commission at the revised Planned Developiierit. tion to initiate the zoning is hearing before the Advisory 1988 meeting for consideration of A:1:1 members voted in favor. Tom Hedges introduced the request of the City Council that it consider proposals for legal services to include General City Attorney, Special Legal Projects, and Prosecution. He reviewed the background including the advertising for proposals, with 12 proposals being submitted...:::a: d th.epcommendation that 5 firms be considered for General Ser:eanC3:]:rms for prosecution. On April 12 and 13, 1988, tke:. Cityiuncil interviewed representatives of the requesting firm's.: Healso described the reference checks that were made for the Mc r omyrannis and LeFevre law firms. Councilman Wachter pr000: <::::`::<:r4::orium utilizing the services of the present City Attorney. Councilman Egan noted that one reason for the SOQ's was for cost purposes and there did not appear to be a reason for change. He also emphasized the question of Dakota County identity and the closeness and spontaneity of the firm chosen. Mayor Ellison noted that::::poi :j::u:s:t:. cost but quality of the firm is important. Member Mc: :ea was c.di c rued about pro -active advice regarding the Cliff Lake ani Bieter by:::the present firm and noted the City has many lawsuitand the City:.::Attorney should be more pro- active. 10 May 3, 1988 Member Gustafson agreed that a stronger approach and being more pro -active is important. McCrea had questions about the special legal service areas aria:::::: whether the Hauge, Eide & Keller firm offered legal skills thatcertain other applicants had available. Wachter moved that a i:o:rr totTiiir xgsti' the decision for selection of City Attorney be instituted for six months and that the Council then re-evaluate the position .*0 review with the Hauge, Eide & Keller firm its pro -active stand at the end of that time. Egan seconded the motion. Those in favor were Wachter and Egan; those against were Ellison, Gustafson and McCrea. McCrea then moved, :gan Hauge, Eide & Keller ::i:lrm A11 members voted yes. seconded the motion to engagae the fc>:r:: prosecution services for the City. Member McCrea then di.scu.s.s.ed:a pool arrangement and McCrea then moved that Jim Sheldon of:::::t:h:Mc4 no,iy::::::Severson office be hired for General Legal Services ` bn a" toba.t.ioriary period of up to 6 months with not to exceed a one year contract and then review by the City Council as to the quality of service at that stage; further that the Hauge, Eide & Keller firm continue to be retained for cost effective general services. There was no second and the motion die3. McCrea then moved, Ellison :.:sc6nd:ed the motion to retain James Sheldon of the McMenomy..:. i ii :f:or .general legal services. Those in favor were McCrea, Ellisod Gustafson; Wachter and Egan voted against. City Administrator was directe:::::::::t prepare a list of special legal service projects to be submitted to the City Council for review. PROPOSED SETTLEMENT OF O'NEIL LAWSUITS Mayor Ellison requested Ci:try::: it.O:ney Paul Hauge review with the Council the proposed Agreements relating to the three lawsuits involving the O'Neil property atLexington Avenue and Yankee Doodle Road. Mr. Hauge described tae: two Agreements that had been negotiated between attorne:or::::::t.he.. Q -'.Neils and the City Attorney's office following considerablyiew and meetings between the affected parties. 1. City of Eagan vs. O'Neil - Condemnation Agreement. Mr. Hauge explained that there have been a number of revisions including the last draft reviewed by t.hey:::::Councilmembers, based on certain compromise solutions, iricl:icin—1:o.vision that in the event of appeals regarding the decl:a:r::tory judnt action brought by Eagan Commercial Park against the City in ::date 1987, and the potential assessment appeals that th0:0'Neils be :involved in the settlement of such appeals, but thatonsen.t...:..to::::::such settlement will not be unreasonably withheld. 11 May 3, 1988 Mr. Hauge's opinion was that the current drafts addressed the concerns of the City :cuncil and staff. He noted that the condemnation action will p ':oceed to go to trial after a decision regarding the Town CentreDevelopment Agreements has been reached in the declaratory judgment ac:t:io.n.::Ot:a.t1.ed Eagan Hills Commercial Park vs. Eagan, and whether the:- t:ify• :e assess both the Town Centre 70 and 100 developments for:.:::he cost of the pond easement acquisition. In addition, there is a:::::p:rovision that in the event of sale of the O'Neil property that a bank escrow covering the amount paid by the City to the O'Neils as a partial payment will be held until a final determination of the pond cost has been made. 2. Zoning Action Agr:eoment. As to the Agreement regarding the zoning action, it was undeY:stoodhat the assessment appeal would be dismissed if the Counc..t app:zoves the agreement and that a new application for rezoning :and Coni: Guide revision which has been submitted to the City could....be heard before the Advisory Planning Commission on May 24, 198$::::< 3. Findings and Conclusions. Mr. Hauge also reviewed the Findings of Fact and noted that the Conclusions provide that there is a reasonable basis to support the application for rezoning and Comprehensive Guide revision and that the Order would not be admissible in any court proceedingolving the property, without further Order of the Court. After brief discuss therebeing no objections and no appearances by the general:.::::::.p:uc., Wachter moved, McCrea seconded the motion to approve the zoning:t.eement as drafted. All members voted in favor. Member McCrea questioned the total amount of the obligation toward the condemnation award on behalf of the City and it was noted it would be a maximum of $100,000.00. Egan moved, McCrea secondthe......::Q:tion to approve the agreement regarding the condemnatio.rtae:ti.onhauthorize its execution. A11 voted yes. LaFONDA DE :ACEBO.:..M.ANA.GER'S LICENSE An application was received to change the designated manager for the LaFonda DeAcebo Restaurant. The new manager is Timothy Carl Cradle and Captain Pat Geagan of the Police Department indicated that the investigation resulted in no objection to the license issuance on behalf of the.::::::::p41::e. department. Wachter moved, Gustafson seconded the ma:t:n pprove the Manager's license in the name of Timothy Carl Crszle for taFonda DeAcebo. All voted in favor. 12 May 3, 1988 AL HERMANN CONSTRUCTION - MODEL HOME PERMIT FAIRWAY HILLS 2ND ADDITION An application for model home permit was submitted by Al Hermann Construction for Lot 2, B1o0.It::::::;::2 'aarray Hills 2nd Addition and it was noted that the pet 'met:h'e provisions provided by City Code. Jim Sturm bri:e:fly introduced the application and Councilmembers questioned:Nhether all City concerns in Phase One had been completed and if not., whether Phase Two should be approved. Mr. Colbert stated that he still has certain problems with the First Phase. Al Hermann was present and stated that he agreed with the requirement of the staff regarding the installation of utilities and requested that the model:tome permit be granted for Parade of Home purposes. McCrea moved, :::::gan ::::seconded the motion to approve the model 'Home permit for Lo:t2, B1.tick 2, Fairway Hills 2nd Addition as requested provided all Ci:y regt:rements are fulfilled. All members voted yea. NEW HORIZON HOMES - MODEL HOME PERMIT BOULDER RIDGE TOWNHOME An application of New Horizon Ho=nes, Inc. for model home permit for townhome on Lots 1 through 4, 8.1:.oc:k.:1 was next considered by the Councilmembers. Jim Sturm ...br:ie:y reviewed the application and noted that the request met:C:yCod:e:: requirements. There being no objection, McCrea moved, 4 dhter seonded the motion to approve the application as submitted,:::::subj.ect to City requirements. All voted aye. BREEZY OUTDOOR, INC. - BILLBOARD SIGN - CONDITIONAL USE PERMIT An application of Breezy Outdoor, Inc. to allow billboard advertising sign along 1-494 on Lot 4, Block 1, Eagandale Center Industrial Park was broughtQ:::::the C0:u:n:^il. The Advisory Planning Commission recommended den:a:3:t:sting in April of 1988 and it was noted that the City :Ca:iincil:on July 15, 1986 denied a similar request on the same lot. The July 15, 1986 Resolution was included with the packet material :S tating:the reasons why the denial was made in 1986. Jack Lawrence appeared for the applicant and stated he understood the council's position and did not push the application. Egan moved, Wachter seconded the motion to deny the application for the reasons stated by the Council in the Resolution dated July 15, 1986 concerning a comparab .... ::::a.p:p1.ication. All members voted affirmatively. 13 May 3, 1983 EDWARD & CYNTHIA DEVLIN - WAIVER OF PLAT WE.SCOTT GARDEN LOTS An application was submitted regarding waiver of plat to split Lot 4, Block 3, of ....0.1100Garden Lots into separate Agricultural parcels. Thee p:ropA:r :y itr: located on the west side of Trails End Road. The APC:ecommended approval of the Waiver. There being no objection, Wac:er moved, Egan seconded the motion to approve the application, subject to compliance with City Code specifications. All members voted in favor. ANNE WETTELAND:::::- VARIANCE - 4540 BLACKHAWK ROAD An application by AnnettI::and for 3 foot variance to 10 foot minimum side yard setb:a:dk fd:: addition to living space at her property on 4540 Blackhawk..Roaad_ Was submitted. An 18 foot by 33 foot addition was buil:o:atotYe::::Oxisting home and an error resulting in constructiori''irito'theide yard setback area. There were no objections and Gustafson moved, Egan seconded the motion to approve the application subject to compliance with all other applicable Code requirements. All voted yes, except Wachter who abstained. STANLEY STYLSKIHALLEY'S FIRST ADDITION An application was submd...by Stanley M. Stylski for variance for Lot 3, Block 2, Halley! :i;.z::s.t..Add ition to provide a 50 foot variance from 100 foot setback :::::regirement from Agricultural district. The proposal would includd a 48 foot by 156 foot pole barn for storage purposes. Jim Sturm explained the application indicating a building could be constructed without the setback variance but the applicant indicated it was not economical to do so. Councilman Egan cited the action of the City Council at a previous meeting regarding .axe::::iapplic.an for a greater variance and stated that the reasons th" t:e:ia:by the City Council at that meeting still applied. Egan moved, Ellison sondedhe motion to deny the application for the same reasons ::4:...i .d.::c:.t.eed...by the Council at its previous meeting regarding a comparable p:p:U;c:a:tion, including the.fact that the City does not want to promote the construction of pole barns and to promote industrial uses in an area designated Residential on the Comprehensive Guide Plan. All members voted positively. 14 May 3, 1988 LEXINGTON SQUARE - MICHAEL RUDOLPH - VARIANCE An application of Mi0.114e1 J. Rudolph of 3915 3ibralter Trail for variance from the 10 footrhinimum side yard setback on Lot 17, Block 5, Lexington Square to o tt b 7 feet 4 inches from the property line. It w bece were no objections from property owners but mem ceased her concerns about variances on smaller resideatial lots. McCrea moved, Egan seconded the motion to approve application, subject to compliance with all other city requirement. All voted favorably. METROPOLITAN AIRPORTS COMMISSION — RUNWAY 4/22 EXTENSION RESOLUTION Tom Hedges explain Council that the MAC has completed its envicoome�� of the proposed 4/22 runway extension at the Airpoct would run diagonally and directly affects St. Pau ' Bloomington and Richfield. The Eagan Airport Belatio'n``CadiTii6h'has reviewed the proposal and suggested a Resolution to the City Council that would oppose the extension as currently proposed and a memo from Administrative Assistant Hohenstein dated April 26, 1988 was included with the packet information. Mayor Ellison explainedocted the Resolution but was concerned about the e acy of the airport runway facilities within a few McCrea moved, Gustafson:the motion to approve the Resolution and authorize its eoen All voted yea. PUBLIC IMPROVEMENT CONTRACTS 1. Eagan High School - Contract #88-12. The plans and specifications for utilit.44plprcents for the new Eagan High School have been preparedommeoded that the Council approve them and aotboci be ctisemeot for bids to he opened at 10:30 a.m. on June 198t the City Hall. Gustafson moved' McCrea seconded the m approve and implement the recommendation. All not 2. Lexington Square - Cnn'tract 488-16. The plans and specifications for Contract 488-l6 covering storm sewer improvements in Lexington Square have been completed and staff recommended approval. Wachter moved, Gustafson seconded the motion to approve the plans and specs for C and to authorize the Clerk to advertise for bids iosgapec to be opened at I0:30 a.m. on May 27, 1988 at;:t.:4 Mooio Ceoter. All cn000ilmembecs voted yes. :::::::::: 15 May 3, 1983 3. Eagandale Center Industrial Park 9th and 10th Additions - Contract 488-10. The staff recommended approval of the plans for Contract #38-10 covering::::: street and utility improvements in Eagandale Center Industria:: Park 9th Addition. Mr. Colbert also recommended that the plan's_1for Eagandale Center Industrial Park 10th Addition be combined in::o:::::tht:t::::.A4d::ition and plans have provided for the incorporation. ThON.1 7:i11:' n:ot allow dredging of the south pond according to Mr. Colbert and only a small amount of fill will be installed on the north.:::: end. Wachter moved, Egan seconded the motion to approve the -Plans and to authorize the City Clerk to advertise for bids which would be opened at the Municipal Center at 10:30 a.m. on June 2, 1988. All voted yes. 4. Woodlands Addition and Hurley Lake - Storm Sewer Lift Station - Contract #88-lI : Thebids for the Woodlands Addition and Hurley Lake storm sewer lift st: aion have been submitted. Tom Colbert explained an easement ha not been obtained and recommended that the Council approve .t.te..alternate bid and if the easement is not acquired, that a chang::ewo::3::::then be processed. Upon motion by Egan, seconded `by "Wachtees; it was resolved that the alternate low bid of S. M. Hentjes & Sons in the amount of $179,564.58 be approved. A11 members voted in favor. 5. Braun Court - Street & Storm Sewer - Contract #88-6. The plans and specs have been completed for the Braun Court street and storm sewer project under Contract::::i:88-5 and it was recommended that they be approved. Wachter moved, ]cCrea seconded the motion to approve the plans and authorize the advertisement for bids to be opened at the City Hall May 24, 1988 at 10:30 a.m. All councilmembers voted in favor. 6. Well # 10 - Contract 487-2' —. After recommendation by the staff, upon motion by Egan, seconded McCrea, it was resolved that Change Order No. 1 to Contract #87-27 in the amount of a deduct of $700.00 be approved and that the Mayor and City Clerk be authorized to execute the related documents. All voted yes. 7. Well If 9 - Contract ::;:;::::8:-2:E:::::= :iange Order #3. Change Order No. 3 to Contract #85-26 consist..x g of Well #9 improvements covering Part A with an addition -6f $4,750.00 and Part B with an additional $500.00 was recommended ta:::be ap:p:r:oved. Wachter moved, Gustafson seconded the motion to app:rovnd....a.u.thorize the implementation of the recommendation for ,} 6ng:eO :c3 #3 to Contract 485-26. All members voted affirmatively. 16 May 3, 1988 MUNICIPAL CENTER REMODELING CONTRACT The City Administrato:r::::: reviewed improvement or remodeli:h3 of the under the lobby for expanding police to the existing floor cov':r: n4*::.ri:::::t the successful bidder is:'::. :4r>kn with the Council the proposed basement area to office, space work stations and improvements :::b•bl ice dispatch center, noting instruction in the amount of $99,569.00. Art Dickey4 the architect, was present and answered questions of the City Council members. McCrea moved, Egan seconded the motion to approve theContract award to the low bidder, Parkos Construction, with a base bid of $99,569.00. All councilmembers voted in favor. CITY ATTORNEY - REVIEWOF COt+1:1i:EMNATION & EASEMENT ACQUISITIONS City Attorney Paul Hauge reviewed a letter dated April 29, 1988 from his office regarding,..the.a.Oquisition of easements as follows: 1. McDevitt Property -`''81ckYiawk Road - Project #488. Recommendation was made by the Public Works Director and the City Attorney's office that McDevitts be paid the sum of $5,400.00 for permanent and temporary easements for improvements under contract #488 consisting of the Blackhawk Road project. Wachter moved, Egan seconded the motion to approve and...a.urize the implementation of the recommendation. All voted..a:.y.:e::;::::::: : 2. Eagan vs. Carlson::::: Holland:::take Storm Sewer - Project #44R. The owner's appraisal of.:::':::$:52,8OO.00, commissioner's award of $37,800.00 with the City's : a:ptr $14,500.00 were reviewed consisting of the Carlson proper : g::::::on Cliff Road and Paul Hauge indicated that Judge Howe had requested that the City Council consider a proposed settlement of the condemnation action. Egan moved, Wachter seconded the motion to recommend up to $20,000.00 be paid to the Carlsons for the storm sewer pond acquisition. A11 voted yea. 3. DesLauriers - : :O:rm Sewer - Project #44R. It was noted that the comm. s;sioneawarded $60,000.00 in damages for ponding area the City hadniot requested on the DesLauriers property and it was not flooded du:r::3ng thsuper storm of July 23, 1987. The DesLauriers appraiser es:tima.t:ed......d.amages at $277,000.00 and commissioner's award of::::::$ ::0:O:00.O:a::::nd the City's appraisal was $1,150.00 for the lift station easement. After review by City Attorney Paul Hauge and Tom Colbert, no further action was taken by the Council. 17 May 3, 1988 PROPOSED PICKETING ORDINANCE The City Attorney's office submitted a proposed draft Picketing Ordinance based upon atequest of the City Council at an earlier meeting that consideration be_giyen..to..such an ordinance. It was explained that two conn:e:t:e:r:onsidered, including banning picketing in residential' sreas ©rrequirement for permit for picketing within the CitAlthough no public hearing is required, it was recommended that aublic meeting be scheduled with notice to allow citizen input. Egan moved, Wachter seconded the motion to request the staff schedule a public meeting to consider the adoption of a picketing ordinance. All voted in favor. ALCOHOLIC BEVERAGE LICENSE; SUSPNSION/REVOCATION ORDINANCE REVISION A letter dated April :::::9, 1::88 from Kevin Eide requesting the City Council review a ..g.r.4.p.4.sod....0.0.i.nance amendment relating to action against the liquor'::l:iceuse:the event of a violation was discussed by councilmember.s....`B Cruse of the concern by licensees of liquor establishments within the City about the proposed revisions, it was recommended that a public hearing before the City Council be scheduled on June 7, 1988. Wachter moved, Gustafson seconded the motion to schedule a hearing at the regular City Council meeting on June 7, 1988 to consider the ado.p: ::o:ri of an ordinance relating to the suspension or revocation of_.;:: :::: :]:cense under certain conditions. All members voted in favor DIRECTOR OF COMMUNIti'Y:o:. ..E:VE.LOPMENT POSITION Mr. Hedges indicated that a new position of Community Development Director has been scheduled by the City Council and a position write-up was submitted to the City Council in the packet. There was discussion about the possible need for workshop session to review the write-up in more detail and further review will take place at a later meeting. PILOT KNOB ROAD UPGRADING - GRADING PERMIT Public Works Director sTo:m pl.b.ert explained that Enebak Construction Company was: gin .:..u.6.6 u1 bidder for the Pilot Knob Road upgrading project and had requested a grading permit to obtain good granular material from three locations near Pilot Knob Road. He asked direction from the City Council about noticing affected neighboring owners about the grading project. Staff was requested to contact the neighboring owr40ollow 10 days to respond if there are concerns, or iM 'd a1:tkrnative, that the contractor acquire objections from a:tfected neighboring owners, with notice to be made within 350 feet of'each of tai locations. Egan moved, Wachter seconded the mot::©n to appi ve the guidelines described above. All voted yes. 18 "lay 3, 1938 SPECIAL .CITY COUNCIL MEETINGS Upon motion by Egan, seconded McCrea, it was resolved that the following special City CourCil:::neat2.rigs: be scheduled: Joint Council and Park Commission meeting ::::on::'nay 26, 1988 at 6:30 p.m.; a Workshop on May 23, 1988 :a:t 6:30 p.m. A11 members voted yes. NORWEST BANK - TEMPORARY SIGN REQUEST A sign company representative requesting direction from the City Council regarding a three::::::::foot by six foot double faced sign, 43 inches off the ground ::::Lor NO::rwest Bank on Pilot Knob Road was requested. It was noted tbat aiowner of the third lot, to the rear, most likely would :::::reaue5:fi:: a sign and it was suggested an application be submittedto...t.he...City. LEXINGTON STANDARD CORPORATION - FLAG POLE DONATION John Hanson, the President of Lexington Standard Corporation has offered to donate flag poles to the City without cost, for the two fire stations and three at the..Pu.b:X:c Works garage. The Council directed the City Administrator::::::::to:::: approve the donation with a letter of expression of ..::tli4XS: o:n beha"1 f of the City Council members. EAGAN HIGH SCHOOL ADDITIOI::::-:::PARKING REQUIREMENT The City staff recommended that additional parking on the north end of the Eagan High School Addition provide for 20 car parking spaces. District #196 had suggested that an agreement be entered into to provide the parking requirement be waived at the present time but proof of parking.:::} prov..id:ed::: in the event that it becomes necessary to install the dd:i::ion:parking spaces. The City Council agreed with the staff t:h::: the additional parking spaces be required at the present tiirie. An informal request had been made through the City Administrator's office by Superior Paint and Collision that it be allowed to store 100 new automobiles on site over two long weekends which location is adjacent to:::hditerranean Cruise near Highway #13. There were no objecti:o:ri:s:45f4h 1f of the City Council. 19 May 3, 1988 PILOT KNOB ROAD PROJECT Tom Colbert gave an urate on the scheduling for the Pilot Knob Road improvement project:,: noting that Enebak Construction Company was awarded the prime contract.,. Fredrickson Excavating the utility contract, and McNamara Vivrant::;:::;prag portion of the project. HERITAGE::: RESERVATION COMMISSION Mayor Ellison recommended that the Heritage Preservation Commission be organized to consider the preservation of the old town hall and other important historical sights in the City. He recommended that Ted WachtOr be named as chair and the City Council members were requested ::::::to 4_onsider members to the Heritage Preservation Commission. EAGAN:.:.CITIZEN'5 POLL Tom Egan indicated that tilayot-llon had distributed a poll to households within the City and expressed his objections to the poll including the fact that the responses were requested to be returned to the City Hall. Mayor Ellison answered that the poll was privately sponsored and distributed by.volunteers. ROYAL OAKS ADDITION.::::::M CHANI:CS LIEN FORECLOSURE ACTION Paul Hauge indicated .:t:t:i:atee City had been served with a Summons and Complaint in a mecha c:5:::::1...en foreclosure action against one of the Royal Oaks Addition loc:h of Yankee Doodle Road near Federal Drive. He stated that the CT. -Ey had been named a Defendant because it issued revenue bonds for the project in 1986 and recommended it was his opinion that the City should enter an Answer immediately so as to avoid a default, but that the trustee in the action should defend and cover any costs that the City incurs. The Council approved the recomme::rid:a:tion....:.:.:.:.:::: CHECKLIST Wachter moved, Egan s:onded:he motion to approve the following checklist dated May 3, 19 :8.i.R.:.:.t: ..:.:a.mo..tatlt of $264,412.94. All voted yea. ADJOURNMENT Upon motion duly made and seconded the meeting adjourned at 12:30 a.m. All voted positive. PHH 20