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08/16/1988 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING AUGUST 16, 1988 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. PARKS & RECREATION DEPARTMENT p, \ 1. Recommendation/Park Names IV. 6:55 - CONSENT AGENDA (PINK) f7.. A. LICENSES, Plumbers ,p. L' B. LICENSE, Water Softener 1 ..L1 C. ADDENDUM to List of Election Judges for Primary Election .(v D. LICENSE, Gambling Renewal, Lions Club of Eagan/Cedarvale Lanes Inc A1E. SALE of Police Squad #3 p a F. PROJECT 551, Petition/Order Feasibility Report & Detail Plans (Remick 1�Addition - Utilities) �.� G. CONTRACT 87-39, Approve Change Order #4 (Fire Station #4) p (3 H. BUDGET, Gun Club Watershed Mgmt Organization irl)"S I. CONTRACT 88-25, Receive Bids/Award Contract (South Dodd Road - Overlay �'j J. PROJECT 547A, Contract 88-31, Receive Report/Approve Plans/ Authorize 4'Advertisement for Bids (Well #12) .�.1 K. CONTRACT 88-30, Approve Plans/Authorize Advertisement for Bids (South Oaks - Streets & Utilities) ?;.2.2- L. PROJECT 552, Receive Petition/Order Feasibility Report (ECIP#3- `' Watermain and Storm Sewer) .1 . FINAL PLAT, Beau D Rue Drive P1�r N.FINAL PLAT, Hosford Addition • a 6 0. PROJECT 543, Receive Feasibility Report/Order Public Hearing (Prettyman P' Heights) xP. FINAL PLAT, Town Centre 70 Tenth Addition e,,2,g Q. VACATION, Partial Right -of -Way, Receive Petition/Schedule Public Hearing (Mendota Wagon Road) fa. a R. VACATION, Partial Right -of -Way, Receive Petition/Schedule Public Hearing (Portion of Cedarvale Drive) Z 9S. DELINQUENT Weed Cutting Bills, Receive Assessment Roll/Order Public Hearing r, et . DELINQUENT Utility Bills, Receive Assessment Roll/Order Public Hearing V. 7:00 - PUBLIC HEARINGS (SALMON) PROJECT 478, Final Assessment Hearing (Lexington Hill - Sanitary Sewer) To Be Continued to September 6, 1988 PROJECT 479, Final Assessment Hearing (Lexington/Northview Park -Trunk Storm Sewer) To Be Continued to September 6, 1988 r.32 -C. PROJECT 461, Final Assessment Hearing (Yankee Doodle Road - I -35E to «3H. re 1"' .t4 J. XI. PROJECT 544, Mallard Park 3rd Addition - Streetlights PARTIAL VACATION of Public Right -Of -Way, Cedarvale Boulevard OLD BUSINESS (ORCHID) VARIANCES for Parking Lot Improvements (Cedarvale Boulevard) COMPREHENSIVE GUIDE PLAN AMENDMENT, Rahncliff 2nd Addition/Austin Companies, REZONING of 16.08 LB (Limited Business) and RB (Roadside Business) Acres to a Commercial Planned Development District and a PRELIMINARY PLAT Located at SW Intersection of Cliff Road and Hwy 35E in NWS of Sec 32 NEW BUSINESS (TAN) ESTABLISH Bond Sale Date for $1,850,000 General Obligation Fire Stations, Land and Equipment Bonds and $13,400,000 Special Assessment General Obligation Public Improvement Bonds of 1988 CODIFICATION OF 1988 City Code Amendments CONSIDERATION, Wescott Hills Federal Tax Credit VARIANCE, Scott and Ann Strommen, a 10' Variance to the 30' Setback from Public Right -of -Way, Located at 4036 Northview Terrace, Lot 11, Black 3, Lexington Parkview SPECIAL PERMIT, Eagan Christian Center/Cedar Industrial Park RLS, Requesting Two Year Extension to Their Special Permit to Allow a Church Facility in a I-1 District, Located East of Shawnee Road on Kennebec Drive WAIVER OF PLAT, Zachman Brother Construction Co, Inc, Duplex Lot Split to Allow Individual Ownership on Lot 6, Block 1, Cinnamon Ridge 6th Addition PRELIMINARY PLAT (Replat), Cedar Cliff Commercial Park 5th Addition/Federal Land Co, of 4.69 Acres and Two Lots Zoned NB (Neighborhood Business) Within the Cedar Cliff Commercial Park Planned Development Located at the NE Intersection of Cliff and Nicols Road in SE 1/4 of Sec 30 PRELIMINARY PLAT, Highview Park Addition/Mildred S. Hanson, Consisting of Three Lots on 2.27 R-1 (Single Family) Acres Located South of Highview Avenue and West of Pilot Knob Road in SE 1/4 of Sec 4 PRELIMINARY PLAT, Woodlands 2nd Addition/Robert Engstrom Co, Consisting of 12 Lots on 7.35 R-1 (Single Family) Acres Located North of Basswood Lane in SE 1/4 of Sec 14 REZONING, Suncrest Addition/William Acres to an R-1 (Single Family) Consisting of 16 Lots Located North Street in SE 1/4 of Sec 14 Huttner, of 10.53 A (Agricultural) District and a PRELIMINARY PLAT of Sunwood Trail and South of Birch ADDITIONAL ITEMS (GOLD) ADMINISTRATIVE AGENDA (GREEN) VISITORS TO BE HEARD (for those persons not ADJOURNMENT on agenda) MEMO TO: HONORABLE MAYOR AND CITY COUNCIIMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 10, 1988 SUBJECT: AGENDA INFORMATION FOR AUGUST 16, 1988 CITY COUNCIL MEETING _ADOPT AGENDA APPROVE. MINUTES After approval is given to the August 16, 1988 agenda and regular City Council meeting minutes for the August 2, 1988 City Council meeting, the following items are in order for consideration. DEPARTMENT READ:BUSINESS A. PARRS AND RECREATION DEPARTMENT Item 1. Recommendation/Park Names --At its regular meeting on August 4, 1988, the Advisory Parks and Recreation Commission recommended official park names for City parks in six park service areas. A copy of the recommen ations toget er with a service area map are enclosed on pages through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the official park names for parks in six park service areas as recommended by the Advisory Parks and Recreation Commission. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: AUGUST 5, 1988 RE: OFFICIAL PARK NAMES Al: it's August 4, 1988 Commission meeting, the Advisory Parks and Recreation Commission reviewed proposed park names for parks that have not been o'ficially named to date. The Commission would like to make the following recommendations: 1. Park Service Section 31W - Now identified as Winkler/Jackson RECOMMENDATION: SLATER ACRES PARK 2. Park Service Section 31E - Now identified as Vienna Woods Park: RECOMMENDATION: KETTLE PARK 3. Park Service Section 34 - Now identified as Ohmann: RECOMMENDATION: GEORGE OHMANN PARK 4. Park Service Section 16 - Now identified as Blue Cross/Blue Shield: RECOMMENDATION: SKYLINE PARK 5. Park Service Section 14 - Now identified as Woodlands School/Park: RECOMMENDATION: MUELLER FARM PARK 6. Park Service Section 23 - Now identified as Bridle Ridge: RECOMMENDATION: BRIDLE RIDGE PARK (FOR THE 18 ACRE PARK) WANDERING WALK PARK (FOR THE OPEN SPACE/GREEN BELT AREA OF PARK) 3 es, Agenda Information Memo August 16, 1988, City Council Meeting CONSENT AGENDA There are twenty (20) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. A. are PLUMBERS LICENSES Plumbers Licenses --There are four (4) plumbers licenses in order for consideration: Hokanson Plumbing, Inc. Nordic Services, Inc. TEK Mechanical Services United Water and Sewer Co. They have all complied with City Code licensing of plumbers. ACTION TO BE CONSIDERED ON THIS ITEM: plumbers licenses as presented. that provisions regarding the To approve the four (4) WATER SOFTENER LICENSE B. Water Softener License --An application from Milbert Company doing business as Culligan Water Conditioning is in order for consideration. It has complied with all City Code provisions regarding the licensing of water softening firms. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the water softener license for Milbert Company, dba, Culligan Water Conditioning as presented. ADDENDUM/ELECTION JUDGES/PRIMARY ELECTION C. Approve Addendum to List of Election Judges for Primary Election --At its regular meeting on August 2, 1988, the City Council approved a list of election judges for the September 13, 1988 primary. In addition to the approved list, the City is informed th..t additional persons wish to serve in this capacity. On page S you will find an addendum to the primary election judge list indicating the names of those persons. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the addendum to the list of election judges for the September 13, 1988 primary election. ADDENDUM TO PRIMARY ELECTION JUDGES August 16, 1988 DEMOCRATS Oliver McCulloch Kirstin McCleary Walter Lawrence Janet Schuetze Kathleen Daly INDEPENDENTS REPUBLICANS JoAnn Bloch Gladys Byrnes Jean Kimber Marcia Miller Agenda Information Memo August 16, 1988, City Council Meeting GAMBLING LICENSE RENEWAL/LIONS CLUB OF EAGAN CEDARVALE LANES. INCORPORATED D. Gambling License Renewal, Lions Club of Eagan/Cedarvale Lanes, Incorporated --An application for renewal of a gambling license has been received of the Eagan's Lion Club to continue its pull -tab operation at Cedarvale Lanes, Inc. The license was originally approved by the Eagan City Council on October 6, 1987 and was issued by the State of Minnesota on October 15, 1987. The application for renewal has been reviewed by City staff and the Police Department and is found in order for consideration at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the application for renewal of gambling license by the Lions Club of Eagan operating at Cedarvale Lanes, Inc. Agenda Information Memo August 16, 1988, City Council Meeting SALE OF VEHICLE E. Receive Bid, Award Sale of Squad #3 --The Police Department is requesting the designation of squad #3 as surplus property. Squad #3 is a 1985 Ford with 80,000 miles to be sold for $1,511 to Suburban Auto, the only bidder. ACTION TO BE CONSIDERED ON THIS ITEM: To designate squad #3 as surplus property and sell it to Suburban Auto Sales for $1,511. 7 Agenda Information Memo August 16, 1988, City Council Meeting PROJ 551/RECEIVE PETITION/REMICK ADDITION F. Project 551, Receive Petition/Order Feasibility Report & Detailed Plans (Remick Addition - Utilities) --Staff has received a petition from the developer of the one -lot subdivision known as Remick Addition, at the south end of Highridge Terrace, requesting the preparation of a feasibility report and simultaneous preparation of detailed plans and specifications for the extension of sanitary sewer and water main facilities to handle the proposed subdivision. The petition incorporated the appropriate guarantee of costs incurred if, for some reason, the project is not approved at the time of the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the preparation of a feasibility report and detailed plans for Project 551 (Remick Addition - Utilities). CONTRACT 87-39/CHANGE ORDER #4/FIRE STATION #4 G. Contract 87-39, Approve Change Order #4 (Fire Station #4) -- Staff has received a request to process a Change Order to the contract for the construction of Fire Station #4 to incorporate several modifications that wer necessary to complete this facility. Enclosed on pages " through I: is a copy of the explanation of the additional costs totalling $1,727.28. This has been reviewed by both the architect and the fire chief and found to be in order for favorable consideration by the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #4 to Contract 87-39 (Fire Station #4) for an additional amount of $1,727.28 and authorize the Mayor and City Clerk to execute all related documents. 8 A RT HUR DICKEY ARCHITECTS, i kC'. . �R( 11 1 11:.(.'I U RE PLANNING I N 1 L.RIOKS 18 July 1988 CITY OF EAGAN P.O. Box 21199 3830 Pilot Knob Road Eagan, NN 55121 Attn: Mr. Tom Colbert ,ARTHUR 1-1. DICI:LV, .\.1..\. WAYNE A. JESI:F. C.C.S. N1:\RY 13. 1-1US1 :\1), .\.l. \. RE: EAGAN FIRE STATION NO. 4 - CITY CONTRACT 87-39 (•(.,.. 1 0, J, - Dear Tom: The Contractor has submitted prices for the following changes: 1. Drop water fill lines to 11'-0" A.F.F. ADD: $ 335.98 2. Relocate Power Washer to Room 115 Anderson Mechanical: $ 160.00 Collyard Electic: 190.00 Buffalo Painting: 20.00 $ 370.00 Del's Construction 7% 25.90 3. Relocate faucet P12 to Room 104 4. Add Tackboard at Dispatch Bartley Sales: Del's Construction 7% $ 50.00 3.50 5. Change bronze plaque with new council (see attached) ADD: $ 395.90 ADD: $ 139.10 ADD: $ 53.50 ADD: $ 589.00 49.'i) , 1t.\N1'I. AN/1.M1. SOUL 1I • MINN1..POLIS, MINN LSO FA'\ 55410 • (012) (P0-399.1 CITY OF EAGAN Mr. Tom Colbert 18 July 1988 Page 2 of 2 6. Omit duct insulation at return ducts at Rooms 104 and 115. No Charge * 7. Install vacuum breaker on cold water line. No Charge * * The mechanical contractor proposes to trade these two items. 8. Additional electrical work to complete Change Order No. 1 (see attached). ADD: $ 213..80 Te r/1 c f / 7..-= % -- Please review the above prices. Upon hearing from you, we will proceed with writing Change Order No. 4. Please contact me if you have any questions. Thank you. _Regards, Mary B. Hustad, A.I.A. MBH/tgl cc: Ken Southorn Del's Construction Company, Inc. Rt. 1, Box 7b LeSueur, MN 56058 DATE: March 21, 1988 TO: ARTHUR DICKEY ARCHITECTS ATTENTION WAYNE 4930 FRANCE AVE S MINNEAPOLIS MN 55410 PROPOSAL FOR JOB: EAGAN FIRE STATION EAGAN, MN WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR: Extra cost from Collyard Electric to install one outlet on the south east wall because masonry was complete before change order wss signed, also moving one thermostat outlet to avoid the change order on extra lockers. Collyard Electric Del's 7% Del's to patch block and brick $140.00 9.80 64.00 $213.80 WE PROPOSE HEREBY TO FURNISH MATERIAL AND LABOR IN ACCORDANCE WITH THE ABOVE SPECIFICATIONS FOR THE AMOUNT(S) QUOTED. AUTHORIZED SIGNATURE _ Del Rischmiller, President NOTE: THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN 30 DAYS. ACCEPTANCE OF PROPOSAL - THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE HEREBY ACCEPTED. (PLEASE SIGN ONE COPY AND RETURN) DATE OF ACCEPTANCE SIGNATURE 1 De1 ' s Construction Company, Inc. Rt. 1, Box 7b LeSueur, MN 5,5058 DATE: JUNE 29. 1988 TO: ARTHUR DICKEY ARCHITECTS INC ATTENTION MARY HUSTAD 4930 FRANCE AVE S MINNEAPOLIS MN 55410 PROPOSAL FOR JOB: EAGAN FIRE STATION EAGAN, MN WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR: VACUUM BREAKER ON END OF HOSE BIB: ANDERSON MECHANICAL $390.00 7% 27.00 BRONZE PLAQUE: BARTLEY SALES 7% TOTAL $417.00 $550.00 39.00 TOTAL $589.00 WE PROPOSE HEREBY TO FURNISH MATERIAL AND LABOR IN ACCORDANCE WITH THE ABOVE SPECIFICATIONS FOR THE AMOUNT(S) QUOTED. AUTHORIZED SIGNATURE Del Rischmiller, President NOTE: THIS PROPOSAL MAY BE WITHDRAWN BY US IF NUT ACCEPTED WITHIN 30 DAYS. ACCEPTANCE, OF PROPOSAL - THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE HEREBY ACCEPTED. (PLEASE SIGN ONE COPY AND RETURN) DATE OF ACCEPTANCE SIGNATURE Lyf-n Agenda Information Memo August 16, 1988, City Council Meeting APPROVE BUDGET/GUN CLUB WATERSHED MANAGEMENT ORGANIZATION H. Approve Budget, Gun Club Watershed Management Organization -- In accordance with the Joint Powers Agreement between the cities of Eagan, Inver Grove Heights and Mendota Heights which created the Gun Club Lake Watershed Management Organization (WMO), an annual budget has been prepared for the 1989 operational year for thi9 organization. A copy of that budget is enclosed on page for the Council's information and review. In accordance with the Joint Powers Agreement, each community has 30 days to submit any objections to the proposed budget for reconsideration by the WMO. The estimated $7,700 obligation for the City of Eagan has been incorporated in the Engineering Division budget request for 1989. The percentage distribution between the three cities is based on a proportionate formula of both land area and assessed valuation within the watershed boundary. This proposed budget is being recommended for approval by a unanimous vote of the Gun Club's WMO Board of Managers including the City of Eagan's three representatives. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the proposed 1989 budget for the Gun Club Lake WMO. 01co 0 cn � a O 0 COco r O 1 co H rn 11-1 W N .-4 as W U 03 ca E4 • W W A m> a zcOo arna • a 0. 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C4 44 In (d 44 Kt.C1 W w to (O >t 0 01 (0 N 41 O .-I 7 O s 41) 41 _ U 0 N w •.+ 4) U 1n 01 0 01 0 4/W0 0 41 01•..4 4) .r C4 10 • ..4 14 0 01 > • w ,4 .0 C +) 41 •.4 0 14 u C 7 10 -.4 -.4 o 44 •--1 4) O b N 01.0 0 '•4 0 p 0 0) 0OM1.4a4404000Da $17,150.00 $28,060.00(11/449,757.79 ESTIMATE F 0 F 0 F 0 REVENUES Orin.) • 0 Tr m 1-• a 4n V --�- 0f1r-1.0 ul ▪ v (n r r r 1-4 CO 121 .D .O N • 01-01- CO r 00000000 0.-1001 • ul 1--1M 0 • • • 0011-('1 0 $17,150.00 00 0 0 0 .-1 $16,050.00 00000000 00 .-O O N N O 1D V'001 0 (n0 V'r, O c. In •--v so so rn(n(ner 01 r O . -1 co r r o 1▪ -i .D r 01 03 N 1n 111 .00001 r • . 01- r4 ul 01 N N0)- V' 0)- 01- 0) - OP 00 00 00 00 OmOr. 0 • (nN V' 0 • 0 0011-((1 0 01— v •-4 0) •.4 o •-a1- 7 0) > &4 x 0 14 d 00 > 4.) 1.400)4 4) A •0 4) O m0> 4) 10 4/ 0 W ., $36,000.00 • 14 0 4J 4) 0 .•-4 b ro .1 44 v 4) 44 4) 4J b fa 0 04 N 0 u 0 0 4, r aO 1 v 1 1(1 •o 0 0 to co 10 I O r-1 w 0 0 0 14 U 10 R: 01 ►4 O 41 H as •0 u W 44 4) (0 > ncu •0 044 0 CD ▪ OP 010 ro • 0 w ►n Agenda Information Memo August 16, 1988, City Council Meeting CONTRACT 88-25/BIDS/AWARD CONTRACT I. Contract 88-25, Receive Bids/Award Contract (South Dodd Road - Overlay) --On August 5, 1988, formal bids were received for the installation of a bituminous overlay on South Dodd Road. Enclosed on page Ole is a tabulation of the bids received with an analysis of t e low bid to the estimate contained in the feasibility report discussed at the public hearing held on August 5, 1988. All bids will be checked for accuracy and completeness with any deviations or inconsistencies being discussed by the Assistant City Engineer at the August 16 Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 88-25 (South Dodd Road - Overlay) and award the contract to the lowest responsible bidder. DODD ROAD BITUMINOUS OVERLAY CITY CONTRACT NO. 88-25 PROJECT NO. 515 EAGAN, MN. 1988 BID TIME: 10:30 A.M., C.D.S.T. BID DATE: AUGUST 5, 1988 CONTRACTORS TOTAL BASE BID 1. PREFERRED PAVINGS, INC. 2. ALEXANDER CONSTRUCTION CO., INC. 3. ACE BLACKTOP, INC. $ 54,823.60 55,253.35 56,467.75 4. NORTHWEST ASPHALT, INC. 58,679.55 5. L. A. CONSTRUCTION, INC. 6. MC NAMARA CONTRACTING CO., INC. 7. BITUMINOUS ROADWAYS, INC. 8. BARBER CONSTRUCTION CO., INC. 59,159.75 59,380.00 59,675.65 71,006.00 LOW BID $ 54,823.60 Agenda Information Memo August 16, 1988, City Council Meeting PROJ 547A/RECEIVE REPT/APPROVE PLANS/AUTHORIZE BIDS J. Project 547A, Contract 88-31, Receive Report/Appro Plans/Authorize Ad For Bids (Well #12) --Enclosed on pages through oZQ is a report prepared by the consulting engine it ng firm of Orr-Schelen-Mayeron-&-Associates (OSM) for the development of Well #12 to be located within Evergreen Park adjacent to the Highline Trailway. Also, the detailed plans and specifications for the construction of this well have been completed and are being presented to the Council for their information and authorization to advertise for competitive bid solicitation. The location and timing of this well is in compliance with the revised Comprehensive Water Supply & Distribution Plan for the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the report for Project 547A (Well #12), approve plans for Contract 88-31 and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Wednesday, September 14, 1988. REPORT ON DEEP WELL NO. 12 PROJECT NO. 547 EAGAN, MINNESOTA August 8, 1988 DESCRIPTION This project provides for a municipal water well for the City of Eagan in_ the south well field area. Several sites have been evaluated with the City staff and the Department of Health and they are as follows: 1. FIRE STATION #3 This site does not have adequate room to place a well and meet the Department of Health requirements. 2. THOMAS LAKE PARK An ideal site was arrived at that was satisfactory to the Department of Health and the City's Park Director. This site cannot be used for a well site until permission is granted from the agency that provided the City with a grant for park construction. This permission will take from 8 to 10 months which is outside of the timeframe needed by the City. 3. EVERGREEN PARK This site has been designated as a well site on the City's master plan for wells. The site was viewed by the Minnesota Department of Health and the City's Park Director and was acceptable to everyone. This is the site that is being proposed for Well No. 12. The project consist of a Jordan Well, approximately 500 feet deep, a pumphouse with a natural gas engine and chemical feed equipment and approximately 1200 lineal feet of watermain along the NSP easement from Pilot Knob Road to Evergreen Park. COST ESTIMATES The estimated cost of this project is as follows: Jordan Well $145,000.00 Pumphouse with Gas Engine and Chemical Feed 200,000.00 Watermain to Site 45,000.00 Estimated Construction Cost $390,000.00 +5% Contingency 19,500.00 $409,500.00 +20% Engineering, Legal & Administration 81,900.00 Total Estimated Project Cost $491,400.00 4 PROJECT SCHEDULE The proposed schedule to meet the City's request to have the well on-line by May 31, 1989 is as follows: Present Report August 16, 1988 Approve Plans and Specifications on Well August 16, 1988 Receive Bids on Well Sept. 14, 1988 Award Bids on Well Sept. 20, 1988 Approve Plans & Specifications on Pumphouse Waterline Nov. 15, 1988 Receive Bids on Pumphouse and Waterline Dec. 14, 1988 Award Bids on Pumphouse and Waterline Dec. 20, 1988 Construction Completion of Well March 15, 1989 Construction Completion of Pumphouse and Watermain May 31, 1989 100 0 100 200 3 SCALE IN FEET 2 PROPOSED R AW WATER Lt'NE THOMAS LAKE PARK Drawn By: W. K. N. Dote: 8/8/88 chelen rr Yayeron i Associates. Inc. Engineers • Surveyors • Planners 1143S1 N.aa.pta • Nfee..pelts. MN 66413 • efl-331-.eso Drawing Title DEEP WELL NO.12 PROJECT NO. 547 EAGAN, MINNESOTA Comm. No. 4213 Sheet no. 0 Agenda Information Memo August 16, 1988, City Council Meeting CONTRACT 88-30/APPROVE PLANS/AUTHORIZE BIDS K. Contract 88-30, Approve Plans/Authorize Ad For Bids (South Oaks - Streets & Utilities) --In accordance with the directives issued at the public hearing on June 21, 1988, approving the above -referenced project, the consulting engineering firm of Bonestroo, Rosene, Anderlik & Associates have completed the detailed plans and specifications for the installation of these improvements. The approval of the plans at this time will allow the installation of the utilities to occur this fall with street construction being completed in the spring of 1989, taking maximum advantage of the benefit of the "freeze -thaw" cycle during the winter months to minimize potential future settlements. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 88-30 (South Oaks - Streets & Utilities) and authorize the advertisement for a bid opening to be held on September 15, 1988, at 11:30 a.m. 01 Agenda Information Memo August 16, 1988, City Council Meeting PROJ 552/PETITION/FEASIBILITY REPT/ECIP #3 L. Project 552, Receive Petition/Order Feasibility Report (ECIP #3 - Water Main and Storm Sewer) --Staff has received a petition from the developer of the proposed Eagandale Center Industrial Park #3 (Lone Oak Business Center #2). The proposed improvement is located adjacent to and immediately westerly of the existing Lone Oak Center Phase 1 building which is located at the southwest quadrant of Lone Oak Road and Neil Armstrong Boulevard. The developer is requesting the preparation of a feasibility report to identify the cost for the installation of water service and storm sewer facilities necessary for this development. With the guarantee of all costs for the preparation of the feasibility report, it would be appropriate for Council to authorize the preparation of this requested feasibility report. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 552 (ECIP #3 - Water Main and Storm Sewer) and authorize the preparation of a feasibility report. FINAL PLAT/BEAU DE RUE DRIVE M. Approve Final Plat, Beau De Rue Drive Plat --Staff has received an application for final plat approval for the Beau De Rue Drive plat located immediately adjacent to Beau De Rue Drive and easterly of Nic 1s Road as shown by the final plat layout enclosed on page 0.0 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 Beau De Rue Drive plat and authorize the Mayor and City Clerk to execute all related documents. it .1 0 ui );Q N•o i!> (n1N 014 J+J RUE DRIVE PLAT 11 ,...1.;• i., 1111-1 D,:f 11 1!1-, 1 ;:»; 1 i. • 7; i' J. 1 i 1:.11 t ; !4171 _ _ !Fivi a 1!.),' 1, • !=y3 I s1l,j 1 i I11' iilli • , 1... in ' 1 I;•,, i 111 1 1' J., if]. : lain • ,1 lj'1- 'iii !ll 1 f11;1111 '41' 1 1 �ljli t 1 J+ i • ! 1�•;i. 4 1 .i1 t t 1, al '1 ii I1 t 1 1 1 N � 1 r f ! 1 11• 11 11 ti 1- t • 1' : 1 Lit 1 -1- 1 1 11 11 .. 1! !' ,/ 6 dog �\ Y ,� .• 1 i\ 1; alt N iA,\ •�\ �`�/�'• v �.w1 •1 �- \ la 4 S t . 2 ... in • i .if' r �•f y� 'c 1 tib. �, .,1 � • 'r -1e*:1/4 o�' 1 1 13:: 4!vs t i) ♦\.\J�1 )iir , l i li .� \ la� A.1 1 ±, 1, J �: .� I I •t � � 1 1'411`; o 111' i.i rl 11 S is ; ` �� 4441 !' I i' ' a • „ al t: -4 ' •• ; 11 fi \-I•e C ...........4.z.._ 1 I !; 1! i11F ave. •- .::•.'✓ ; 7.:7:N 1' I 1! a. 1' J' 1-1 1 t 1: 1 11 1 i Agenda Information Memo August 16, 1988, City Council Meeting FINAL PLAT/HOSFORD ADDN N. Approve Final Plat, Hosford 1st Addition --Staff received an application for final plat approval for the Hosford 1st Addition located south of Deerwood Drive opposite its intersection with Denmark Avenue as shown by the plat layout enclosed on page ..:2;!.r 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 Hosford 1st Addition and authorize the Mayor and City Clerk to execute all related documents. a Lf 0 CC 0 Lj0 rth foot ~��uan 04 ^~~~~~~~'~~~~'~'^ —,.—J ~ACDITLOM have~—.~~~.. LOX, `~ err ~.~... 1.141,~^ Niz Z xo (cfr) 0)- w . > cD Mtn LA< 0-J a. LOCATION cc it 1011 •ge •re DI, 6,1" 40 awl as•a/ 1„12.10:01 00411 00 4l -I 0 L oos.. CO 0803SOH DE ERWOOD 4,114 404 Ot 00 41 81 •• _ • --- r . V. mt...." 3.02 .10.,01 rn — 81 8 00 1.111 8 Agenda Information Memo August 16, 1988, City Council Meeting PROJ 543/REPT/PUBLIC HEARING/PRETTYMAN HEIGHTS O. Project 543, Receive Report/Order Public Hearing (Prettyman Heights - Streets) --In response to a petition submitted by the developer of the proposed Prettyman Heights Addition, 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 public hearing to formally discuss the proposed improvements. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 543 (Prettyman Heights - Streets) and schedule a public hearing to be held on September 19, 1988. FINAL PLAT/TOWN CENTRE 70 10TH ADDN P. Approve Final Plat, Town Centre 70 10th Addition --Staff has received an application for final plat approval for the Town Center 70 10th Addition (Mermaid Car Wash) located north of Duckwood Drive between I -35E and Town Centre Drive as shown by the final plat layout enclosed on page 0)7 . 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 Town Centre 70 10th Addition and authorize the Mayor and City Clerk to execute all related documents. sat 0 1-- <z :c f— 1- 1-- 0 F.- 5 cr 1— 5 8 iIJ : U a •g :7 _ ;I 0 1- 2 ,I 8 2 S1. 1. ;8 8 Ili! :l1 11 1: 5 I .f 6;i 2. "5518 18153 as i5 K8 EE r 6 2 a 11 — 1.1•1111• norni, C.i• Czi --r!!IE €. • 1 1 5 f•II 1: i I`3fl 2356:, (1) 0 •- ii 1 A.. Agenda Information Memo August 16, 1988, City Council Meeting VACATION/PUBLIC HEARING/MENDOTA WAGON RD Q. Receive Petition/Order Public Hearing (Mendota Wagon Road) -- Riverview Development Company is the fee owner of a parcel of property located in the northeast corner of the intersection of Lone Oak Road and the Chicago, Milwaukee, St. Paul and Pacific Railroad. The title for this parcel makes reference to a Mendota Wagon Road as called for in Document No. 160366 and as shown on the plat for Robert O'Neill Homestead. At the suggestion of the County Recorder, Riverview Development Company is requesting that this roadway easement over their subject parcel be vacated in order to clear the title. The staff has received a petition and application materials requesting a public hearing for the vacation of this easement. Staff has reviewed this easement and feels it would be appropriate for the Council to receive this petition and schedule a formal public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate Mendota Wagon Road over the parcel described on the enclosed legal description and order the public hearing to be held on September 19, 1988. VACATION/PUBLIC HEARING/PART OF CEDARVALE DRIVE R. Receive Petition/Order Public Hearing (Portion of Cedarvale Drive) --The City of Eagan is proposing to vacate 375' of Cedarvale Drive between Rahn Road and Cedarvale Shopping Center. This street serves only Cedarvale Shopping Center and is not constructed to City standards. Because this street is difficult and expensive to maintain, the Public Works Department is requesting the Council to consider this vacation and schedule a formal public hearing. If this street is not vacated, it should be brought up to City standards and assessed to the appropriate property owners. ACTION TO BE CONSIDERED ON THIS ITEM: For the City Council to approve the proposed vacation of part of Cedarvale Drive and to order a public hearing to be held on September 19, 1988. a8 Agenda Information Memo August 16, 1988, City Council Meeting DELINQUENT WEED CUTTING BILIS RECEIVE ASSESSMENT ROLL/ORDER PUBLIC HEARING S. Receive Assessment Roll/Order Public Hearing (Delinquent Utility Bills) --The following weed cutting bills have been identified as delinquent by the Finance Department: Parcel # Amount 10-17406-100-01 $136.00 10-16602-050-01 96.00 10-64600-110-01 80.00 These assessments will be spread for one year only at 9% interest. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for delinquent weed cutting bills and schedule the public hearing for September 19, 1988. DELINQUENT UTILITY BILLS RECEIVE ASSESSMENT ROLL/ORDER PUBLIC HEARING T. Receive Assessment Roll/Order Public Hearing (Delinquent Utility Bills) --A list of delinquent accounts which cannot be shut off for collection has been put together by Utility Billing. Enclosed on page$ 301131 is the list. These assessments will be spread for one year only at 9% interest. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Delinquent Utility Bills and schedulethe public hearing for September 19, 1988. ,R PLAT/PARCEL AMOUNT PLAT/PARCEL AMOUNT 10 84600 170 01 33.00 10 84602 180 03 52.00 10 53801 070 01 94.93 10 39800 150 02 240.31 10 16602 022 02 71.89 10 17400 200 00 47.63 10 17400 170 00 104.87 10 17402 130 04 43.18 43.18 86.36 10 17402 110 04 88.37 95.15 183.52 10 17402 102 04 271.88 10 17402 101 04 140.32 10 17402 092 04 140.32 10 17402 091 04 140.32 10 17402 040 04 185.44 156.41 341.85 10 17402 031 04 199.94 10 17402 032 04 142.01 10 17402 021 04 64.72 10 17402 012 05 172.94 10 17402 011 05 154.72 10 17402 031 05 43.18 10 17402 032 05 61.75 10 17402 042 05 142.86 10 17402 041 05 172.28 10 17402 051 05 147.26 10 17402 052 05 140.32 10 17403 010 01 140.32 140.32 10 17403 040 01 187.89 280.64 162.03 349.92 10 17403 051 01 10 17403 052 01 10 17403 071 01 10 17404 010 01 10 17404 042 01 10 17404 041 01 10 17404 052 01 10 17404 051 01 10 17404 061 01 10 17404 062 01 10 17404 081 01 10 17404 082 01 10 63981 020 02 10 63981 020 03 10 63983 030 09 10 39802 020 04 10 73002 020 07 10 76503 030 07 10 14993 280 01 10 14993 440 01 10 44651 130 01 10 44651 120 01 10 16703 190 08 10 16703 370 04 10 24880 070 01 10 84354 110 03 10 84602 400 03 10 17104 010 02 10 17151 110 03 10 45070 160 03 10 16601 032 01 10 16601 031 01 10 16602 050 01 10 17400 190 00 10 17400 173 00 10 17400 171 00 30 192.97 180.84 89.22 49.10 100.95 100.60 85.35 138.09 149.19 136.49 177.96 136.49 228.80 46.79 65.27 252.52 59.80 104.83 188.29 42.57 67.09 40.26 73.96 22.29 14.81 38.52 25.43 46.89 114.48 10.28 70.22 65.32 395.72 41.95 83.46 80.84 PLAT/PARCEL AMOUNT PLAT/PARCEL AMOUNT 10 17400 170 00 37.34 10 17402 062 03 22.50 10 17402 030 02 97.19 10 63981 020 10 110.41 10 63982 030 10 173.13 10 63983 030 12 16.56 10 63984 030 15 174.96 10 63984 020 08 84.42 10 56750 040. 02 40.81 10 22750 380 03 30.21 10 25600 050 03 79.94 10 01900 020 10 64.01 v 77100 040 16 85.62 10 77100 010 16 30.00 10 73002 111 01 55.80 10 73001 040 21 200.05 10 73003 040 07 56.17 10 84460 180 03 118.05 10 14991 120 01 248.94 1C 20960 210 04 101.24 1C 14993 420 01 585.30 TOTAL 10,152.03 3� Agenda Information Memo August 16, 1988, City Council Meeting PUBLIC HEARINGS FINAL ASSESSMENT HEARING/LEXINGTON HILL A. Project 478, Final Assessment Hearing (Lexington Hill - Sanitary Sewer) --Due to the inability to meet the required published and mailed notification requirements for final assessment hearings for this project, it is necessary to continue this public hearing to September 6, 1988. ACTION TO BE CONSIDERED ON THIS ITEM: To continue the final assessment public hearing for Project 478 (Lexington Hill - Sanitary Sewer) to September 6, 1988. FINAL ASSESSMENT HEARING/LEXINGTON-NORTHVIEW PK B. Project 479, Final Assessment Hearing (Lexington/Northview Park - Trunk Storm Sewer) --Due to the inability to meet the required published and •mailed notification requirements for final assessment hearings for this project, it is necessary to continue this public hearing to September 6, 1988. ACTION TO BE CONSIDERED ON THIS ITEM: To continue the final assessment public hearing for Project 479 (Lexington/Northview Park - Trunk Storm Sewer) to September 6, 1988. FINAL ASSESSMENT HEARING/YANKEE DOODLE RD C. Project 461, Final Assessment Hearing (Yankee Doodle Road - I -35E to Lexington Avenue - Streets) --Due to the inability to meet the required published and mailed notification requirements for final assessment hearings for this project, it is necessary to continue this public hearing to September 6, 1988. ACTION TO BE CONSIDERED ON THIS ITEM: To continue the final assessment public hearing for Project 478 (Yankee Doodle Road - I -35E to Lexington Avenue - Streets) to September 6, 1988. 3� Agenda Information Memo August 16, 1988, City Council Meeting PROJ 544/MALLARD PK 3RD ADDN/STREET LIGHTS D. Project 544, Mallard Park 3rd Addition (Street Lights) --On July 19, 1988, the feasibility report for the above -referenced project was received and a public heari g was scheduled for August 16, 1988. Enclosed on pages through 3' is a copy of the feasibility report for the Council's information and review during the public hearing presentation by staff. All notices have been published in the legal newspaper and sent to all 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 544 (Mallard Park 3rd Addition - Streetlights) and if approved, authorize the preparation of detailed plans and specifications. 33 CITY OF EAGAN, MINNESOTA PUBLIC WORKS DEPARTMENT FEASIBILITY REPORT FOR STREET LIGHTING - PROJECT NO. 544 DRAKE DRIVE, MALLARD PARK 3RD ADDITION JULY 19, 1988 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 State of Minnesota. /. i Thomas A. Colbert, P.E. Registration Number 12049 3 `� 7/2 / ' PRELIMINARY REPORT ON STREET LIGHTING FOR DRAKE DRIVE PROJECT NO. 544 EAGAN, MINNESOTA JULY 19, 1988 SCOPE: This project covers the installation of street lights serving the residents on Drake Drive, Mallard Park 3rd Addition in the NE 1/4 of Section 29, Eagan. FEASIBILITY AND RECOMMENDATIONS: This project is feasible and is in accordance with the City's policy on the installation of street lights in residential areas. It can best be accomplished as outlined herein and not as a part of any other project. DISCUSSION: Residents on Drake Drive have petitioned for the installation of street lights. This addition contains 16 lots which would benefit from street lighting. This area was developed before the City of Eagan adopted a comprehensive street lighting policy. Since the enactment of this policy, all new additions have been required to install street lights. The above-mentioned policy also has a provision enabling older additions to petition for street lights. Under this provision, the cost of street light installation is assessed against the benefited lots and the energy charge is paid quarterly by the residents along with their water and sewer bill. The energy needs for Drake Drive are serviced by Dakota Electric Association, and they offer the type of street lighting poles, lighting fixtures and the necessary maintenance service required by the City for residential street lighting in accordance with the City of Eagan's street lighting policy. It is proposed to have four street lights installed. ORNAMENTAL STREET LIGHTS: These four street lights would be the standard ornamental design with 100 watt high pressure sodium luminaire mounted on standard poles proposed to be installed by Dakota Electric Association. COST ESTIMATE: The following cost estimate includes the cost of construction, administration, legal and other related project costs. 4 ea 100 w ornamental high pressure sodium @ $500.00 $2,000.00 5% contingency factor 100.00 15'6 administration cost 300.00 TOTAL $2,400.00 Cost Revenue Installation $2,400.00 Assessments $2,400.00 ASSESSMENTS: Assessments are proposed to be levied on a per lot basis as is the current City policy. All costs of the project will be assessed. Estimated assessments are as follows: Estimated Assessment $150/lot Energy charge to be billed with water & sewer $2.75/lot/quarter Assessments would be spread over three years at 9.0% interest. PROJECT SCHEDULE: The following is the proposed schedule to be followed for this project assuming favorable action by the Council. PROJECT SCHEDULE Present Feasibility Report Public Hearing Approve Plans & Specs Construction Completed Final Assessment Hearing First Payment due with taxes July 19, 1988 August 16, 1988 September, 1988 November 1, 1988 March, 1989 May, 1990 PRELIMINARY ASSESSMENT ROLL PROJECT 544 DRAKE DRIVE, MALLARD PARK 3RD ADDITION Parcel Description Assessment Mallard Park 3rd Addition Lot 1, Block 2 $150/lot Lot 2, Block 2 $150/lot Lot 3, Block 2 $150/lot Lot 4, Block 2 $150/lot Lot 5, Block 2 $150/lot Lot 6, Block 2 $150/lot Lot 7, Block 2 $150/lot Lot 8, Block 2 $150/lot Lot 9, Block 2 $150/lot Lot 10, Block 2 $150/lot Lot 111, Block 2 $150/lot Lot 12, Block 2 $150/lot Lot 13, Block 2 $150/lot Lot 14, Block 2 $150/lot Lot 15, Block 2 $150/lot Lot 16, Block 2 $150/lot PROPOSED STREET LIGHTS PROPOSED ASSESSMENT AREA VIOWO i9 V1OSINN1W 171 OM vp viosNNIw 'NoloWwavd NO11Y1DOSSV J12110313 vio wa 0 0 ji• if L 3Q 0 0 Agenda Information Memo August 16, 1988, City Council Meeting VACATION/CEDARVALE BOULEVARD E. Partial Vacation of Public Right -of -Way, Cedarvale Boulevard --This public hearing was originally scheduled for August 2 but was subsequently continued to August 16 so that it could be discussed in conjunction with the variance for parking lot improvements for the Cedarvale Shopping Complex item under Old Business. The applicant no longer desires to pursue the variance to City standards for parking setbacks, curb and gutter and landscaping requirements. Enclosed on page 4O is a sketch and legal description of the excess right-of-way proposed to be vacated as a result of this public hearing. The excess right-of-way is a result of the jurisdictional turnback of Old Trunk Highway 13 which was subsequently relocated with the construction of the Cedar Avenue Freeway interchange. By vacating this excess right-of-way, the owners of the Cedarvale Shopping Center complex can expand and improve their parking lot facilities. All notices were published in the legal newspaper and sent to all potentially affected utility companies informing them of the proposed vacation of this excess right-of-way. There are existing private utilities (telephone, sewer, etc.) located within the area proposed to be vacated. Therefore, the resolution vacating this right-of-way, if approved, should specifically reference the vacation of "street" rights while still retaining the necessary underlying utility easements. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny the partial vacation of public right-of- way for Cedarvale Boulevard as described. �J � SIGMA SURVEYING SERVICES INC. 3730 Piot Knob RoodMinnesotaEodon.Minnesota 65122 (612)452-7077 1.4 —STREET VACATION EXHIBIT — p/c)CEDARVALE BLVD. and Old FRONTAGE ROAD to S.T.H. 13 Eagan, Minnesota E'l Line of Ceda-ala Sl,ar�;..9 Cenf r prorerty G: - 1J 1 < • h' O o e 2� 1' RVALE DRIVE a NW N Zt 2 \ey Ot /40 SHEET 2 of 2 SHEETS W BEAU - D - RUE Agenda Information Memo August 16, 1988, City Council Meeting OLD BUSINESS VARIANCES FOR PARKING LOT IMPROVEMENTS CEDARVALE BOULEVARD A. Variances for Parking Lot Improvements (Cedarvale Boulevard) --As previously discussed with the Public Hearing concerning the partial vacation of Cedarvale Boulevard right-of-way, the applicant no longer wishes to pursue variances to parking setbacks, curb and gutter and landscaping requirements. Therefore, this item has been withdrawn. ACTION TO BE CONSIDERED ON THIS ITEM: Because this application is being withdrawn, no action is required. L[l Agenda Information Memo August 16, 1988, City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT/RAHNCLIFF 2ND ADDITION REZONING & PRELIMINARY PLAT B. Comprehensive Guide Plan Amendment, for Rahncliff 2nd Addition/Austin Companies, Rezoning of 16.8 LB (Limited Business) and RB (Roadside Business) Acres to a Commercial Planned Development District and Preliminary Plat --A public hearing was held by the Advisory Planning Commission at its regular meeting on June 28, 1988, to consider a comprehensive guide plan amendment and rezoning of 5.6 LB (Limited Business) and 11.2 RD (Roadside Business) acres to a commercial planned development district and a preliminary plat entitled Rahncliff 2nd Addition. The APC recommended approval of the applications. At its regular meeting of July 19, 1988, the City Council considered this matter and continued to the August 16 meeting. The purpose of the continuance was to allow Council review of the recently completed retail/commerical study. Such review is scheduled for Monday, August 16, 1988. The Planning and Enginee ing Departments report on this matter is enclosed on pages L3 through (JJ . For a copy of the Advisory Planning Commission action on this item, please refer to pages (o through —7( . Also attached on pages ?. through -75 is a copy of the July 19, 1988 City Council minutes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) The comprehensive guide plan amendment for Rahncliff 2nd Addition, 2) a rezoning of 5.6 limited business acres and 11.2 roadside busines acres to a commercial planned development district of 16.08 acres, and 3) a preliminary plat entitled Rahncliff 2nd Addition. SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT REZONING PRELIMINARY PLAT (RAHNCLIFF 2ND ADDITION) APPLICANT: AUSTIN COMPANIES LOCATION: NW 1/4 OF SECTION 32 EXISTING ZONING: LB (LIMITED BUSINESS) RB (ROADSIDE BUSINESS) DATE OF PUBLIC HEARING: JUNE 28, 1988 DATE OF REPORT: JUNE 21, 1988 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION SUMMARY Separate applications have been submitted requesting a Rezoning of 5.6 LB (limited business) and 11.2 RB (roadside business) acres to a commercial Planned Development district, and a Preliminary Plat for the Rahncliff 2nd Addition. This site is located between Rahn Road and Highway 35E along the south side of Cliff Road. The uses proposed for this development are consistent with the existing zoning districts. The Planned Development zoning allows the City the opportunity to review the overall development at this time as opposed to individual requests on each lot. Also, architectural landscaping and signage compatibility will be addressed with this plat. Even though the uses are consistent with the existing commercial zoning, a Comprehensive Guide Plan Amendment will be necessary. SITE PLAN This site is very flat and highly visible from Highway 35E. There is no significant vegetation to be concerned with. Access will be primarily from the previously constructed Rahn Cliff Court with two secondary drives connecting to Rahn Road. Shared parking areas provide 832 stalls, well above the amount required by Code (730 - 815). The following is a breakdown of each area and proposed use. Lot 1, block 1 Lot 2, block 1 Outlot A acres) acres) acres) 7,000 SF 11,200 SF 20,000 SF Lot 1, block 2 (3.8 acres) 50,000 SF Outlot B Outlot C (1.8 acres) ( .8 acres) 12,000 SF 5,000 SF �4 3 Bank Retail Retail (possibly 2 bldgs) Multi-level (1-3 stories) office with 60 under- ground parking spaces Retail Restaurant Loc i, t . J acres) .., Juu 5r r ast-Loon t burger i\ing ) Lot 2, block 3 (1.4 acres) 10,000 SF Retail Lot 3, block 3 (3.3 acres) 18,400 SF Retail Detailed site plans have been submitted for the office building; lot 2, block 1; and lot 3, block 3 for City approval at this time. All lots and outlots will require site plan review and approval by the Advisory Planning Commission and the City Council before any construction occurs. All building and parking setbacks meet Code requirements except for the 10' drive -lane setback (20' is required) along Cliff Road, the 17' parking setback (20' is required) along Highway 35E, and the 30' building setback (50' is required) along the highway for the office building. No separate action is necessary for these deviations if the site plans are approved due to the Planned Development zoning. The extensive landscaping proposed along those areas screens the parking area nicely and there is no parking proposed between the office building and the highway. The overall landscape plan for the sixteen acres is very well done. The plant material selection, proposed spacing, and quantities will visually tie the development together. Additional evergreens will be added along the highway to provide year-round color. Almost all of the sizes are above City requirements. The buildings will be constructed on all sides with light and dark brick, accented with rock -faced block or stucco and metal canopies. All trash areas will be contained within the buildings except for the fast-food restaurant which will have it next to the building and made of the same materials. An overall sign plan was submitted requesting two 30' -tall development signs located at the entry points along Cliff and Rahn Roads and six 7' -tall monument signs located throughout the site. They are architecturally compatible with each other as well as with the buildings; however, they should be reduced to the 27'- maximum height allowed by Code. Individual tenant pylon signs have been proposed in three locations. GRADING/DRAINAGE/EROSION CONTROL: The proposed site has been previously rough graded and minimal site grading is required for site development. The Development is proposing to intercept all internal site generated storm water runoff and convey it to the existing City storm sewer system. A detailed analysis of the proposed internal parking lot storm sewer system was not performed at this time, but the following general requirements should be noted: 1. No direct connection to the existing 21" storm sewer along the south side of Cliff Road will be allowed. 2. No direct connection to the existing 18" storm sewer line along the westerly side of I -35E will be allowed. 3. The Development is limited to approximately 10 CFS of storm water runoff which it can discharge directly into the existing 30" storm sewer which crosses Cliff Road at the northeasterly corner of the Development and flows into Pond AP -42. All remaining site generated runoff must be routed through Pond AP -44 prior to discharge into the existing City storm sewer system. 4. No encroachment below the 918 high water elevation for Pond AP -44 will be allowed. 5. The Development will be responsible for rerouting the existing storm sewer system in Rahn Cliff Court which discharges into the existing 18" storm sewer along the westerly side of I -35E. The runoff from this area is required to drain into Pond AP -44. A major water resource for this site is the impact of development on the water quality of Cliff Lake (Pond AP -11). Cliff Lake has been classified as a Type 2 recreational water body in the Eagan Preliminary Water Quality Plan. The potential impacts on Cliff Lake were estimated using models developed by William Walker, Jr. The proposed land use and increase in impervious area resulting from site development will increase the phosphorus loading to Cliff Lake by approximately 30 pounds. The Development will be required to reduce phosphorus runoff into Cliff Lake to predevelopment levels. There are two options available to reduce the impacts of site development on the water quality of Cliff Lake. 1. Constructing two 0.4 acre ponds, each with 1.0 acre feet of storage onsite will reduce phosphorus runoff into Cliff Lake to approximately predevelopment levels. 2. Increasing the wet pond volume on Pond AP -42 to approximately 4.3 acre feet and increasing the wet pond volume of Pond AP -44.2 by approximately 1 acre foot will also reduce phosphorus loading to Cliff Lake to predevelopment levels. A preliminary erosion and sediment control plan was submitted for staff review at this time. The following erosion and sediment control practices are needed to be implemented during the building phase and shown on the appropriate grading, drainage and erosion control plan prior to any site development: 1. Storm sewer inlet filters in depressional areas and other appropriate locations. 2. Silt fence along portions of Rahn Cliff Court. 3. Gravel access pads to minimize tracking onto Rahn Cliff Court. 4. Stabilization of the slope along Pond AP -44.2. UTILITIES: Sanitary sewer service of sufficient capacity and depth to serve the Development is readily available from the existing sanitary sewer line in Rahn Cliff Court. Watermain service of sufficient capacity and pressure to serve this Development is readily available from the existing watermains in Rahn Road, Rahn Cliff Court, and from the existing 16" trunk watermain which crosses a site in the area of proposed Outlot B. STREETS/ACCESS/CIRCULATION: Improved public street access to serve the Development is readily available from Rahn Road and Rahn Cliff Court. A limited access (right in - right out) onto Cliff Road was constructed with the Rahn Cliff 1st Addition. The existing limited access presents traffic enforcement problems. This entrance will either.be required to be closed and all internal traffic circulation directed to Rahn Cliff Court, or the median in Cliff Road extended westerly to close the "attempted full access" maneuver which is presently causing traffic circulation enforcement problems along Cliff Road. All entrances into parking areas from public street right-of-way and all major internal parking lot driving aisles are required to be 30' wide. All internal parking lot major driving aisles are required to be 30' wide also. The proposed internal parking lot circulation maneuvers are subject a detail review by the City's traffic engineering consultant. Ktkb The City's traffic engineering consultant has reviewed the site plan for the proposed Rahn Cliff 2nd Addition. Based on the uses and the square footages of the buildings shown on the proposed site plan, approximately 7,750 trips on an average week day will result. Of this projected 7,750 trips per day, approximately 555 will be outbound and approximately 320 will be inbound in the evening rush hour. As a part of the analysis for the City of Eagan's Comprehensive Transportation Plan, it was assumed that there would be some retail development in the area and that it would probably generate approximately 2,400 vehicle trips per day. The Development as proposed is approximately 3 times the traffic generator as previously assumed. The additional daily traffic will put an additional burden on the intersection of Cliff and Rahn Road. Virtually all the traffic from the Development will utilitze the Cliff and Rahn Road intersection. Only about 200 vehicles per day are anticipated to use the existing right in -right out off of Cliff Road. The intersection of Rahn Road and Cliff Road is scheduled for reconstruction in 1988 as a result of the proposed Cliff Lake Centre Development. The additional traffic from the south will create capacity problems beyond what was originally anticipated in the proposed Cliff and Rahn Road intersection construction. EASEMENTS/RIGHTS-OF-WAY/PERMITS: The Dakota County Plat Commission met on May 23, 1988, to consider the preliminary plat of Rahn Cliff 2nd Addition. The plat is adjacent to County State Aid Highway #32 (Cliff Road) and is, therefore, subject to Dakota County Contiguous Plat Ordinance. After a review of the plat it was a concensus of opinion of the Plat Commission that said plat does agree with the provisions of the ordinance. Restricted access will be required to be rededicated on the final plat as per the Rahn Cliff 1st Addition. No additional right-of-way requirements are identified for Cliff Road, Rahn Road or Rahn Cliff Court. The Development is responsible for dedicating all appropriate cross easements for traffic circulation, .utility easements :for watermain, sanitary sewer and storm sewer as necessitated by depth, and the appropriate drainage and utility easement as required to accomodate the necessary storage volume for Pond AP - 44. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. ASSESSMENTS A search of City records show that there are no pending assessments of record and the following assessments are proposed as a condition of final plat approval in accordance with City Special Assessment Policy No. 82-1: ,ork PROJ # DESCRIPTION RATE QUANTITY AMOUNT 370 Lateral Benefit Storm Sewer $30.88 1,124 ff $34,709 254 Lateral Benefit Sanitary Sewer 15.85 559 ff 8,860 370 Water Service 1,012 316 Lateral Benefit Storm Sewer 61.75 844 if 52,117 316 Lateral Benefit Trunk Sanitary Sewer 6.08 528 f 3,210 Future Cliff Road 111.70 530 ff 59,201 Future Cliff Road Trailway 13.00 530 ff 6,890 TOTAL PROPOSED ASSESSMENT $165,999 All final assessment obligations will be calculated based on the quantities and dimensions on the final plat and in accordance with the rates in effect at the time of the final plat approval. 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, 81, B2, B3, B4, Cl, C2, C4, C5, D1, El, F1, and G1. 2. A Planned Development Agreement shall be entered into for a period of five years. 3. Lot 2, block 1; lot 1, block 2; and lot 3, block 3 shall be approved at this time. All other lots and outlots will be reviewed by the Advisory Planning Commission and City Council. 4. All signage shall be subject to the one-time sign fee of $2.50 per square foot. The overall sign plan as shown on the site plan shall be approved. A 27' -maximum height shall be adhered to. 5. 6. 7. 8. All trash shall be contained within the buildings except for the fast-food facility on lot 1, block 3. Rooftop mechanical equipment shall not be visible from the adjacent roads or Highway 35E. The building and parking setbacks shall be allowed as exhibited on the site plan dated May 16, 1988. The Development is required to revise the proposed watermain design. The proposed design interconnects 2 different pressure zones. 9. The Development isrequired to limit phosphorus Cliff Lake to pre -development levels. 10. No direct connection to the existing 21" storm the south side of Cliff Road will be allowed. loadings to sewer along 11. No direct connection to the existing 18" storm sewer line along the westerly side of I -35E will be allowed. 12. The Development is limited to approximately 10 CFS of storm water runoff which it can discharge directly into the existing 30" storm sewer which crosses Cliff Road at the northeasterly corner of the Development and flows into Pond AP -42. All remaining site generated runoff must be routed through Pond AP -44 prior to discharge into the existing City storm sewer system. 13. The Development will be responsible for rerouting the existing storm sewer system in Rahn Cliff Court which discharges into the existing 18" storm sewer along the westerly side of I -35E. The runoff from this area is required to drain into Pond AP -44. 14. No encroachment below the 918 high water elevation for Pond AP -44 will be allowed. 7-$ RAHNCLIFF 2ND ADDITION CONDITIONS: 15. All entrances into parking areas from public street right- of-way and all major internal parking lot driving aisles are required to be 30 feet wide minimum. 16. The Development is responsible for its proportionate share of any major roadway improvements as necessitated by the intensity of the proposed development as identified by the City and County. STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Ease,nents and Rights -of -Way 1. This development shall dedicate 10' 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. 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. C. Plans and Specifications 1. 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. 2. 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. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. 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. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. 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. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: LTS#2 STANDARD ce II IL'iuA I`ll h;N. r f It II „tet, j: -E; D -III ;. j.1F I IlbL'J I ,', 1 -At -17 L,IR t—iArr ,-4.4.tfyianvir4;i:I_J_, 1-,,.\[-L.1‘ 74(0 • .I .t ..' . „_. DAKOTA ' COUP. 4 0 CO. RD. (CUFF ROAD) 'O(40AYTm ACC/W'' LOT 1 9 L O C K' ` 44 1��� =' ' .•� +. i.1do 1 r. �•• 2 RAHNCLJi:fr f.". COURT ,. , f„ti, . r" ti I r 1 a I�1i0 OUTLOT • sA IOW (000/((T ('ti O/ T.4 wOA+w lila( 0I TK .0• 104 Of iO( ow1/• 0f NC. if �0. OUTLOT p• i. him 00. b O /7 b — .. ,RAHNCL/FF +r Al NN l•(P00'ODe COURT: Ns - PARCEL 51 /\ rt,q, PARCEL 37 WATER SERVICE •':.--4,"--4'44CLIFF ROAD FUTURE IMPROVEMENTS -- 530 F.F. Lk IDUI' i S LU 2! 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OF rr(Mwo/rN wwltye L.L/ !r0 0o ••t♦!♦ PARCEL 31 PARC(L IS 1 V 0)/ Ott _ 2% g`• 4r4 , •J -j V! awl 11 mammon LATERAL BENEFIT — STORM SEWER- 1124 F.F. 7-07:Z;,& LATERAL BENEFIT TRUNK FOR A(N. �SElWER - 559 F.F. ?I 10 y r1 CJ CJ E n f (1) L 1J a.. J •r } •.�•�..�. 'otw.urm ,resss.'" • 8 LOT 1 0 C �K1 . ▪ I Soo moi yr. ��),. w tr. aaoos •` t s RAHMCLIF�' COURT:: . ' . 2l -.. --� ..-,,,,:x 'S \ vi • --A rotor .o 00 PIr/ 1'v •lI 0I T./ • w0.1, I. tut OF 1,1 UC (I w Nt 1I�Of(N[wt1/♦Or If C. if OUTLOT O NI 1/ VVle / •�L P RCEL ]1 . RAHNCLIFF rr yI OUTLOT v 4 aA.,w..r • urarrr [urfrrr� mss. 1— [O. of Mwrwwrfr frtwlf µC.u/ 1111:1;firMn: FI 1111 1!0 0O 118•iM 41-4 • PARCEL 37 4 1 • •+� -act rt r. sy,sa-1:811 :r LSC ao alto .��,i✓'� ai ir 1 ‘,4 e • oy r\of 1 �^ �R'.. 'I ..n+in... CLIFF ROAD - TRAIL - 530 F.F. -=:7.7afI LATERAL BENEFIT FOR STORM SEWER -844 F.F. 111.11.1.1;1;m1,1,1,1;1LATERAL BENEFIT FOR SA I ARY SEWER -528 F.F. 11 ��.. ifs '. iI.,. -- -. • II it iVER 7-11 ;1 i EST is •• r T r.. ADDITION -\ 1 • N w -s 2 15 j 7 OXKKOTA COUNTY : R, -c SUBJECT PARCEL F1G #2 city of eagan r PUBLIC ir",_V WORKS �=� DEPARTMEN SANITARY SEWER MASTER PLAN P-50 '818-A) \'''''',4(4'/ I/ / 1 8,88 -5 ..-/'%-; A P-42 / 86.0 ,i - . , - /7 89.5.0 C 11:---.77--. rni __/(_404 :0 • — i — ;, Po' (I 'T" • 1 -..-:-• '..x:s::::!::::::::.:::::"5:,:::::: • / ' ,, li ,:•:•:•:•:•:•:•:•:•i::;.::.•.::::::.:i • -:::11:. / • ( _ _. I, L A, T____•LI ,:ii.:*.-.....st,:. , 912.1 1 , -- 9/9.3 cv 9 :911J // 'clfj21 BP; -22 26.0' - 927. 4-, c6 El 1935.0 -I • 1937.6 L _ 1'933.9, !rot , -I 9.37.6 , • ( v i.92ao r• 0260_1 , • -;r3F /. • A .1922 926; I S A FAII•L--:-;") ADO. AP -17 926.0 9_40. • p. -)11DC; I- ! A t -I • •-• z.,•• 4 • • 411 • •• • 1. 1- ;01 • 1..` 471 }-'.V('.1934.0; .151.3" PAi:K --•1! P! 5fl R!5C•i---r .- r - 11; . ! • ._ ( L LI 1 i----' -Ns- • ---- 7-_:•*-",9 1 5 - O..- • . •.-..__. ..--,,-- ,,. - -,----`' ! r cF1 1 7 i -cro,L . .4, i SA FL E STATE LP - DAKOTA I COUNTY 'P';E3K 89359.3 A- yy "tt 900.0 A-xx 1 to A-zz SUBJECT PARCEL FIG city of eagan PUBLIC WORKS DEPARTMEN STORM SEWER MASTER PLAN approved: standard plate 4 : Page 17/PLANNING COMMISSION MINUTES June 28, 1988 Voracek stated he felt the Commission should give directions to the Council as to why the motion failed. Voracek moved, Garry seconded, the motion to deny the preliminary plat of 1.91 CSC zoned acres and a conditional use permit to allow a car wash facility and motor fuel sales and a variance for a canopy setback located on a portion of existing Outlot B, Town Centre 70 First Addition or proposed Outlot A, Town Centre 70 Ninth Addition located between Highway 35E and Town Centre Drive in the northwest quarter of Section 15. Member Garry withdrew his second of the motion. Wilkins seconded the motion. Garry, Pawlenty, Merkley and Graves voted in favor; Voracek, Wilkins, and Trygg voted against. AUSTIN COMPANIES - RAHNCLIFF SECOND ADDITION Chairman Pawlenty then opened the next public hearing regarding the request for a comprehensive guide plan amenament, a rezoning of 16.08 LB (limited business) ana RB (roadside business) acres to a commercial planned development district and a preliminary plat located at the southwest intersection of Cliff Road and Highway 35E in the northwest quarter of Section 32. Assistant City Planner Sturm informed the Commission the proposed site is located between Rahn Roan and Highway 35E along the south side of Cliff Road. The uses proposed tor this development are consistent with the existing zoning districts. The planned development zoning allows the City the opportunity to review the overall development at this time as opposed to individual requests on each lot. Architectural landscaping and signage compatability will be addressed with this plat. He stated even though the uses are consistent with the existing commercial zoning, a comprehensive guide plan amendment would be necessary. Mr. Sturm stated the site is very flat and highly visible from Highway 35E and there is no significant vegetation for the City to be concerned with. Access will primarily be from previously constructed RahnCliff Court with two secondary drives connecting to Rahn Road. Shared parking areas provide•832 stalls, which is well above the amount required by code. Code requires 730 to 815 stalls. Mr. Sturm updated the Commission as to the breakdown of each proposed area and their proposed use. Mr. Sturm stated the applicants had been very cooperative in working with them regarding the project. He stated all building and parking setbacks meet code requirements except for the 10 -toot drive lane setback along Cliff Road, the 17 -foot parking setback along Highway 35E and the 30 -toot building setback along the highway for the office building. No separate action was necessary for these deviations if the site plans are approved due to the planned development zoning. Page 18/PLANNING COMMISSION MINUTES June 28, 1988 Mr. Sturm informed the Commission the landscape plan is very complete and screens the parking area nicely. He stated the overall landscape plan for the 16 acres is very well done. The plant material selection, proposed spacing, and quantities will visually tie the development together. Additionally, evergreens will be aaaed along the highway to provide year-round color. Assistant Planner Sturm noted the buildings would be constructed on all sides with light and dark brick, accented with rock -raced block or stucco and metal canopies. The design plan as submitted requested two 30 -foot tall development signs located at the entry points along Cliff and Rahn Roads and six 7 -foot tall monument signs located throughout the site. The signs are architecturally compatible with each other as well as with the buildings. However, Mr. Sturm felt they should be reduced to the 27 -foot maximum height allowed by code. Individual tenant pylon signs have been proposed in three locations. Mark Smith, representative of Austin Companies, stated the current known users are Burger King, Pier I, and Drovers Bank. He further stated the extensive lanascape plan properly screens the buildings from 35E. He stated the architectural design allows for canvas awnings across all rear exit doors to echo the front of the building. He stated the buildings will be all brick construction and the brick and mortar will be the same on each building. The brick will be of earthtone shades. Mr. Smith presentea samples of the brick to the Commission. Mr. Smith stated there will be sign bans on the building for the tenants and they will not be located on the pylon sign itself. He stated the same vendor for the sign bans will be usea so that the signs are uniform. Mr. Smith stated the pylon sign will be a maximum in height of 27 feet and they request the sign be erected at Cliff and 35E. Mr. Graves asked if the sign was to be visible from 35E. Mr. Smith stated that was their request so it would be more visible to the public. Member Trygg addressed the problem regarding the existing limited access to the development and asked whose decision this would be. Mr. Foertsch stated the City can make a recommendation to the County. Ray Williams, Astleford, stated that in a settlement with the County, the developer had a right to the right-in/right-out access. Member Wilkins asked if there would be a median in Cliff Road all the way down the roadway. Mr. Foertsch stated that was in the plans but it is not known when it would be added. Member Voracek requested the City staff to explain in greater detail their concern regarding the phosphorus loading to Cliff Lake. Lpi Page 19/PLANNING COMMISSION MINUTES June 28, 1988 Mr. Sturm reviewed staffs' concerns and the options regarding this matter. He further stated that proposed condition number 9 deals with t:he problem. Mr. Garry asked if the grading, drainage ana erosion concerns are dealt with in the proposea conditions. Mr. Sturm stated that -condition C2 of the standard conditions for plat approval deals with t:his question. Member Voracek was concerned about the future traffic and the potential of a dangerous intersection at Cliff and Rahn Roads. The City traffic engineer consultant, Glen VanWormer, stated there will be a traffic congestion problem at this intersection if the development in the area continues at a rapid pace. If the development in the area is phased in stages, the intersection should be able to handle the traffic with continued road upgrades. He stated the F,ahnCliff Development would create a little more traffic in the area than expected. Member Wilkins asked what the total square footage of the retail business would be for the facilities and if a bank is considered retail. Mr. Sturm stated banks are shown as specific use under the limited business zoning. He further stated there would be 75,000 square feet of total retail space. Wilkins asked if 11 acres of the proposed development would be roadside business. Mr. Sturm statea she was correct. Member Wilkins asked it they were requesting a rezoning of anything that was not currently on the Eagan Code books. She stated Eagan does not have a commercial planned development district. Mr. Sturm stated the City does have a planned development district and that the word "commercial" was only used to be more specitic. He stated this is a planned development district. Chairman Pawlenty asked member Wilkins if she would prefer the word "commercial" be deleted. Member Wilkins stated she would prefer it be called planned development district. She further stated she feels there is too much commercial construction in Eagan. Polls had been taken of the residents and the residents felt they did not want more commercial development in Eagan at this time. Wilkins further stated she feels LB zoning should not be for retail development. Commission member Graves stated all LB and RB zoning for this development would be put together as a planned development agreement. He stated this is for the City's own good as they can direct the development in the direction they want the development to move. City Attorney James Sheldon stated the Commission should consider adding a condition regarding access and cross parking Easements to be approved by the City. Mr. Merkley stated he felt the proposal was very presentable and it definitely showed quality development. He is concerned about the traffic strain on the thoroughfare system. Chairman Pawlenty also (oq Page 20/PLANNING COMMISSION MINUTES June 28, 1988 statea he is also concerned about the traffic congestion. He also stated it was a nice presentation by the developer ana the Commission appreciated its thoroughness. Mr. Graves stated he felt the planned development district is to the City's advantage and offers greater consistency in the area. However, he was concerned about the transportation plan and the new development standaras which will be discussed later at the meeting. He statea he was in favor of the planned development district; however, he felt the Commission should hold off on the preliminary plat approval until further information regarding the transportation plan ana the new development standards had been discusses and reviewed. Chairman Pawlenty questioned when the commercial study would be completed. City Planner Dale Runkle stated it was hopeful within the next 30 days. Member Wilkins noted that there was a joint meeting scheduled with the Council and the Planning Commission and asked it the survey results could be reviewed at that time. Mr. Runkle statea there would be a joint meeting in July and the survey could and woula be discusses if the survey was completed. Mr. Garry stated this project is quality construction and is what the Commission has looked for and wanted in aevelopment projects. He stated there is the potential traffic problem and suggested asking the County for their assistance. Ray Williams stated that the 22 acres was originally all RB zoning and a portion of the property was previously rezoned to LB as a buffer to the residential areas. Member Garry asked for an explanation between RB and LB zoning. Mr. Sturm statea LB zoning was commercial zoning and RB was transient such as large service stations. The developer informed the Commission that a lot of thought had gone into the development layout regarding the RB and LB zoning. Chairman Pawlenty asked Mr. Williams -to update the Commission on the background of the area. Mr. Williams discussed the background of the property and further stated that the streets and utilities had been installed. The developer had been working on the project for four years and had definite plans for the area. Chairman Pawlenty stated the development was a quality development and it was a good location for the development; however, he felt there were concerns the Commission needed to address. Member Garry stated there was no public opposition at the meeting and consequently apparently no public concerns regarding the development. Page 21/PLANNING COMMISSION MINUTES June 28, 1988 Mr. Voracek suggested the decrease of the amount of the parking stalls for the area since Mr. Sturm has stated 832 stalls for parking would be in excess of what was needed. He suggested putting in additional green space insteaa of additional parking space. He felt this was a suggestion to the developer only and it was not necessary to add his suggestion as a condition. The developer stated he would have no problem removing more parking stalls. Graves moved, Voracek seconded, the motion to approve the rezoning of 16.08 LB (limited business) ana RB (roadside business) acres to a planned development district. Pawlenty, Garry, Voracek, Trygg, Merkley and Graves voted in favor; Wilkins voted against. Member Wilkins stated she opposed the approval of the rezoning at that time because she felt the approval should have waited for the commercial study results. She further stated she was against the rezoning of roadside to retail as she felt there was enough commercial development in the City of Eagan at this time. Trygg moved, Garry seconded, the motion to approve the comprehensive guide plan amendment of 16.08 limited business and roadside business acres. Pawlenty, Garry, Voracek, Trygg, Merkley and Graves voted in favor; Wilkins voted against. Trygg moved, Garry seconded, the motion to approve the preliminary plat located at the southwest intersection of Cliff Road and Highway 35E in the northwest quarter of Section 32, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C4, C5, D1, El, Fl, and G1. 2. A Planned Development Agreement shall be entered into for a period of five years. 3. Lot Two. (2) , Block One (1) ; Lot One (1) , Block Two (2) ; and Lot Three (3), Block Three (3) shall be approved at this time. All other lots and outlots will be reviewed by the Advisory Planning Commission and City Council. 4. All signage shall be subject to the one—time signage fee of $2.50 per square foot. The overall sign plan as shown on the site plan shall be approved. A 27 foot maximum height shall be adhered to. 5. All trash shall be contained within the buildings except for the fast—food facility on Lot One (1) , Block Three (3) . 6. Rooftop mechanical equipment shall not be visible from the=- adjacent roads or Highway 35E. Page 22/PLANNING COMMISSION MINUTES June 28, 1988 7. The building and parking setbacks shall be allowed as exhibited on the site plan dated May 16, 1988. 8. The development is required to revise the proposed watermain design. The proposed design interconnects two different pressure zones. 9. The development is required to limit phosphorus loadings to Cliff Lake to pre -development levels. 10. No direct connection to the existing 21 inch storm sewer along the south side of Cliff Road will be allowed. 11. No direct connection to the existing 18 inch storm sewer line along the westerly side of I -35E will be allowed. 12. The development is limited to approximately 10 CFS of storm water runoff which it can discharge directly into the existing 30 inch storm sewer which crosses Cliff Road at the northeasterly corner of the development and flows into Pond AP -42. All remaining site generated runoff must be routed through Pond AP -44 prior to discharge into the existing City storm sewer system. 13. The development will be responsible for rerouting the existing storm sewer system in Rahn Cliff Court which discharges into the existing 18 inch storm sewer along the westerly side of I -35E. The runoff from this area is required to drain into Pond AP -44. 14. No encroachment below the 918 high water elevation for Pond AP -44 will be allowed. 15. All entrances into parking areas from public street right-of-way and all major internal parking lot driving aisles are required to be 30 feet wide minimum. 16. The development is responsible for its proportionate share of any major roadway improvements as necessitated by the intensity of the proposed development as identified by the City and County. 17. Access and cross -parking easements shall be approved by the City. 18." City staff to request County review of the Cliff and Rahn Road intersections regarding future traffic congestion. Pawlenty, Garry, Voracek, Trygg, Merkley and Graves voted in favor; Wilkins voted against. Mr. Voracek asked if the PD would address the sign issues. Mr. Sturms stated it was in the signage plan. Jilly 19, 1988 All voted in favor. :::::: Egan moved, McCrea secoftdeCtIW:mation to approve a Conditional Use Permit to allowa::caragh facility and motor fuel sales in a CSC District. All.f.voted in favor. Egan moved, Wachter se66hded, the motion to approve a variance for the canopy setback of 20 feet for the gasoline pump island located on a portion of existing Outlot B, Town Centre First Addition or proposed Outlot A. After discussion betweii: theqOuncilmembers, it was decided there was no hardship to base theariance upon. Councilmember Egan withdrew his motion regardinil theariance. Mr. Berg requested a cOiii.i.grading and foundation permit. He also requested thTd4neii70 Tenth Addition be placed on the next agenda for final plat approval. Mr. Hedges stated the matter could not be put on the next Council agenda because the developer had not met the requirements for final plat approval. He further stated that early approval of foundation and grading permits puts a hardship on the.sfaff and recommended against early approval. McCrea stated she feel here should be no pressures put on the staff to move one plat ahea4of other plats. RAHNCLIFF SECONDDWTION City Administrator Hedges stated a public hearing was held by the Advisory Planning Commission at their regular meeting on June 28, :L988 to consider applications for the rezoning of 5.6 Limited Business and 11.2 Roadside Business to a commercial planned development district and a pre4minary.plat for the Rahncliff Second Addition. In addition -P4Cc*IP.f0hive Guide Plan Amendment was required. He stated the AC re4OMMended approval of the applications. City Planner Runkle st0.0.AW#tP.„.is located between Rahn Road and Highway 35E along itiO4WMCof Cliff Road. He stated the uses proposed for this developmeliE are consistent with the existing zoning districts. The planned development zoning allows the City the opportunity to review the overall development at this time as opposed to individual requests on each lot. Also, architectural landscaping and sig0.114.0ompatibility will be addressed with this plat. Mr.443aded the site is very flat and highly visible from HighOW35E. A644s would be primarily from the previously constructed Rahncliff Courand to secondary drives connecting to Rahn Road. Shared parking aXeas provide 832 stalls, well above the amount requirlpy_co44.011 is 730 to 815 stalls. Mr. Runkle described the bre4100W''.-ii::4.-W. area and the proposed July 19, 1988 use to the Council. He statedaccess and cross -parking easements needed to be approved by the' City. Ray Williams presented:'the:. c evelopthent plans to the Council. Roger Grant presented the landscape plan to the Council. The exterior design and building *samples were shown to the Councilmembers. Councilmember Wachter inquired what happened to the hotel. Mr. Williams stated the surveys did not show enough people in the area and the hotels could not get::::financing for the project. Mayor Ellison complimented the:: developer on the landscaping and exterior design. Mr. Egan stated the landscape and exterior design were excellent in his.•op,inion. Mr. Egan stated there was very significant zoning changbt4attht Council was addressing at the meeting and that adding 'tetai1:':was'.ri t allowed under the current zoning. He stated he felt the Council needed to review the retail study and the possible traffic problems before acting on the matter. Councilmember Wachter stated heagrees with Mr. Egan on the zoning problem. Mr. Williams stated::: they" have tried to meet the requirements of the RB zoninw. jptutthat:: at the present time the developer could not get a hQtel"in thearea. Mr. Wachter stated the project may be premature for..trie::; _ax.ea� ' Councilmember McCrea stated that she had reviewed the code "]k:RB zoning and stated it eliminates alot of uses and she feel': tteRB zoning should be reviewed. Councilmember McCrea stated the retail study would be completed soon and the Council would be meeting in a workshop to review the study. Wachter moved, Egan seoOtnpire ::: t e::: lotion to continue the Comprehensive Guide Plan Ameiiment:, a. rezoning of 16.08 LB and RBacres to a Commercial Plariried Development and a preliminary plat entitled• Rahncliff Second -Ad tiorn:ntil the August 16, 1988 City Council Meeting to allow thy::: ounc 1.:::9:.:,review the retail study. All voted in favor. AD HOC SENIOR HOUSING SITE SELECTION COMMITTEE City Administrator Hedges stated that at a Special Joint Workshop Meeting of the City CQ ::::and Advisory Planning Commission authorization was •:c i reii'#xe City Council to establish an Ad Hoc Senior Housing Site.:: Selection::Committee for the purpose of reviewing five sites that''•the City is. :::considering for acquisition to construct a Sdnior Housinq::Project in future years. He stated the Eagan Senior e tizens:.:.mg0fionthly and their noon luncheon was Wednesday, July;1h oi.ttiveJace, the Planning Intern, '73 Agenda Information Memo August 16, 1988, City Council Meeting NEW BUSINESS G.O. AND SPECIAL ASSESSMENT BOND SALE DATE A. Establish Bond Sale Date of $1,850,000 General Obligation Fire Stations, Land and Equipment Bonds and $13,400,000 Special Assessment General Obligation Public Improvement Bonds of 1988 -- Upon selection of Springsted as the City's new financial consultant, work was begun on structuring a bond sale for the fall of 1988. Proposed to be included in the bond sale are $1,850,000 of General Obligation bonds and $13,400,000 of Special Assessment improvement bonds. The General Obligation bonds which were approved in the referendum of May 28, 1987, are for the purpose of financing the purchase of land, constructing and furnishing two (2) fire stations and purchasing pumpers and related equipment. The Special Assessment bonds all of which will be paid by assessments against benefitting property owners are for the purpose of financing numerous public improvements which are either under construction or have been constructed. A sale date of September 20, 1988, has been selected with bids opened during the day and the bids awarded at the regular City Council meeting on that date. For additional information on this item, refer to the sale memos prepared by Springsted providing detailed information on each of these gxoposed bo_Op sales. This information is enclosed on pages 7 through Finance Director VanOverbeke will be present to answer any questions the City Council might have regarding the two sales. A bond sale rating trip to New York has tentatively been scheduled for September 7 and 8 to present updated information about the City and its financing requirements to Moodys and Standard & Poor pending additional review and City Council authorization. Given the size of this issue and the fact that the last in-person presentation was made in 1985, it is felt that this trip would be appropriate and in the City's best interest. ACTION TO BE CONSIDERED ON THIS ITEM: To schedule a bond .sale for September 20, 1988, at which time bids will be opened and award considered for the sale of $1,850,000 General Obligation bonds and $13,400,000 Special Assessment improvement bonds and to authorize a rating trip to New York. OFFICIAL TERMS OF OFFERING $13,400,000 CITY OF EAGAN, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES I 988A Sealed bids for the Bonds will be opened by the City on Tuesday, September 20, 1988, at 11:00 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101-2143. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated October 1, 1988, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1989. Interest will be computed upon the basis of a 360 -day year of twelve 30 -day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof as requested by the Purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the Registrar and interest on each Bond will be payable by check or draft of the Registrar mailed to the registered holder thereof at his address as it appears on the books of the Registrar as of the 15th day of the calendar month next preceding the interest payment. The Bonds will mature February I in the amounts and years as follows: $1,000,000 1990 $1,300,000 1993 $1,000,000 1995-1999 $400,000 2001-2004 $1,400,000 1991-1992 $1,200,000 1994 $ 500,000 2000 OPTIONAL REDEMPTION The City may elect on February 1, 1994, and on any interest payment date thereafter, to prepay Bonds due on or after February I, 1995. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance the construction of various improvements within the City. TYPE OF BID A sealed bid for not less than $13,253,978 and accrued interest on the total principal amount of the Bonds shall be filed with the undersigned prior to the time set for the opening of bids. Also prior to the time set for bid opening, a certified or cashier's check in the amount of $134,000, payable to the order of the City, shall have been filed with the undersigned or SPRINGSTED Incorporated, the City's Financial Advisor. No bid will be considered for which said check has not been filed. The check of the Purchaser will be retained by the City as liquidated damages in the event the Purchaser fails to comply with the accepted bid. The City will deposit the check of the Purchaser, the amount of which will be deducted at settlement. No bid shall be withdrawn after the time set for opening bids unless the meeting of the City scheduled for consideration of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates offered by Bidders shall be in integral multiples of 5/100 or 1/8 of 1%. No rate for any maturity shall be more than I% lower than any prior rate. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No bid may be conditioned upon award of any other offering of obligations by the City. AWARD The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount less than par, to the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non -substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (111) reject any bid which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the Registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the Registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the Purchaser at a place mutually satisfactory to the City and the Purchaser. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Faegre & Benson of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no -litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City, or its designee, not later than 1:00 P.M., Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT Underwriters may obtain a copy of the Official Statement by request to the City's Financial Advisor prior to the bid opening. The Purchaser will be provided with 50 copies of the Official Statement. Dated August 16, 1988 BY ORDER OF THE CITY COUNCIL /s/ Eugene Van Overbeke Clerk -Treasurer OFFICIAL TERMS OF OFFERING $1,850,000 CITY OF EAGAN, MINNESOTA GENERAL OBLIGATION FIRE FACILITIES BONDS, SERIES 19888 Sealed bids for the Bonds will be opened by the City on Tuesday, September 20, 1988, at 11:00 A.M., Central Time, at the offices of SPRINGSTED Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101-2143. Consideration for award of the Bonds will be by the City Council at 6:30 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated October I, 1988, as the date of original issue, and will bear interest payable on Feb-uary 1 and August 1 of each year, commencing August 1, 1989. Interest will be computed upon the basis of a 360 -day year of twelve 30 -day months and will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof as requested by the Purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the Registrar and interest on each Bond will be payable by check or draft of the Registrar mailed to the registered holder thereof at his address as it appears on the books of the Registrar as of the 15th day of the calendar month next preceding the interest payment. The Bonds will mature February I in the amounts and years as follows: $35,000 1990 $30,000 1991 $85,000 1992 $95,000 1993 $100,000 1994 $105,000 1995 $110,000 1996 $120,000 1997 $130,000 1998 $135,000 1999 $145,000 2000 $160,000 2001 OPTIONAL REDEMPTION $170,000 2002 $185,000 2003 $195,000 2004 The City may elect on February I, 1996, and on any interest payment date thereafter, to prepay Bonds due on or after February I, 1997. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used for the acquisition and betterment of fire stations and equipment. TYPE OF BID A sealed bid for not Tess than $1,829,650 and accrued interest on the total principal amount of the Bonds shall be filed with the undersigned prior to the time set for the openingof bids. Also prior to the time set for bid opening, a certified or cashier's check in the amount of 18,500, payable to the order of the City, shall have been filed with the undersigned or SPRINGSTED Incorporated, the City's Financial Advisor. No bid will be considered for which said check has not been filed. The check of the Purchaser will be retained by the City as liquidated damages in the event the Purchaser fails to 1 1 comply with the accepted bid. The City will deposit the check of the Purchaser, the amount of which will be deducted at settlement. No bid shall be withdrawn after the time set for opening bids unless the meeting of the City scheduled for consideration of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates offered by Bidders shall be in integral multiples of 5/100 or 1/8 of 1%. No rate for any maturity shall be more than l% lower than any prior rate. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No bid may be conditioned upon award of any other offering of obligations by the City. AWARD The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount Tess than par, to the total dollar interest on the Bonds from their date to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non -substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the Registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the Registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the Purchaser at a place mutually satisfactory to the City and the Purchaser. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of Faegre & Benson of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no -litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City, or its designee, not later than 1:00 P.M., Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT Underwriters may obtain a copy of the Official Statement by request to the City's Financial Advisor prior to the bid opening. The Purchaser will be provided with 50 copies of the Official Statement. Dated August 16, 1988 BY ORDER OF THE CITY COUNCIL /s/ Eugene Van Overbeke Clerk -Treasurer -2 3 Agenda Information Memo August 16, 1988, City Council Meeting 1988 CITY CODE REVISION B. 1988 City Code Revision --City staff and City Attorney Sheldon have met with representatives of Municipal Ordinance Codifiers to incorporate ordinance additions and modification made by the City Council since last year. Enclosed on pages yO- 01(( you will find a memorandum from Finance Director VanOverbeke covering code modifications made necessary by the ordinance amendments in edition since June of 1987. The revisions are summarized by chapter. Also enclosed on pages g� - cu are two ordinances recommended for consideration by the codifier to bring the code into compliance with state law. The first ordinance would be incorporated into chapter 1 and increases the penalty for a petty misdemeanor from $100 - $200. A second ordinance would be incorporated into chapter 5 by modifying the definition of an "exclusive liquor store", allowing a resident alien to hold a liquor license and clarifying language regarding hours and days o.E sale. ACTION TO BE CONSIDERED ON THIS ITEM: 1. To approve or deny an ordinance amending City Code, chapter 1, to increase the maximum penalty for a petty misdemeanor from $100 - $200 and to direct same for publication. 2. To approve or deny an ordinance amending chapter 5 of the Eagan City Code pertaining to the definition of an exclusive liquor store, ownership of a liquor license by a resident alien and clarifying language pertaining to hours and days of sale for beer, wine and liquor and directing same to be published, and 3. To approve or deny amendments to the Eagan City Code, chapters 1 - 6, 9 and 13, incorporating ordinances 50 - 65. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: AUGUST 8, 1988 SUBJECT: 1988 CITY CODE REVISION City staff and City Attorney Sheldon have recently met with Rodger Jensen and Lorraine O'Reilly of Municipal Ordinance Codifiers. The meetings was for the purpose of reviewing ordinances adopted by the City since the last revision as well as potential amendments resulting from State law changes. Attached is a copy of the revision memo written by Municipal Ordinance Codifiers as well as copies of the two (2) ordinances which they are proposing that have not previously been reviewed by the City Council. The complete Code revision by chapter is as follows: Chapter 1: 1. This amendment (Ordinance #64 if approved) is being proposed by the codifiers to bring the Code into compliance with State law and increases the penalty for a petty misdemeanor from $100 to $200. Chapter 2: 1. Ordinance #53 was approved by the City Council in January of 1988 and covers for the terms for advisory commissions. 2. Ordinance #62 which allows certain City employees to issue citations was approved in June of 1988. Chapter 4: 1. Ordinance #56 adds a reference to the temporary sign policy and was approved in June of 1988. 2. Ordinance #57 also approved in June of 1988 requires a certificate of survey to be submitted with building permit applications. Chapter 5: 1. Ordinance #52 approved in October of 1987 allows for the sale of strong beer for persons holding both an on -sale wine and beer license. STAFF MEMO AUGUST 8, 1988 PAGE TWO 2. Ordinance #58 approved in June of 1987 allows for the change in corporate name of a beer licensee without considering it a transfer if certain conditions are met. 3. Ordinance #59 approved in June of 1987 allows beer and malt liquor in park or recreational areas subject to certain restrictions and limitations. 4. Ordinance #60 approved in June of 1987 removed the 5% ownership restriction from off -sale beer licensing requirements. 5. Ordinance #63 approved in June of 1987 changes the revocation and suspension provisions for liquor license holders. Municipal Ordinance Codifiers is proposing an amendment (Ordinance #65, if approved) which brings the definition of an "exclusive liquor store" into compliance with State Statutes, allows for a resident alien to hold a liquor license and clarifies certain language regarding hours and days of sale, again more closely following the language of the statute. Chapter 6: 1. Ordinance #50 was approved in June of 1987 and defines the specific conditions providing for pull tab gambling. Chapter 9: 1. Ordinance #61 was approved in June of 1988 and further limits parking for the purpose of advertising or selling merchandise. Chapter 11: 1. Ordinance #55 which removes the service bay requirement was approved in June of 1988. Chapter 13: 1. Ordinance #51 approved in June of 1987 changed certain minimum right-of-way widths for public streets. 2. Ordinance #54 approved in June of 1988 clarified certain park dedication requirements. STAFF MEMO AUGUST 8, 1988 PAGE THREE Since they have been previously reviewed and approved, I have not included copies of ordinances 50 - 63. If you would like copies, please advise. Upon approval and publication of ordinances 64 and 65, revision pages will be prepared for insertion in the Code. Please let me know if you desire any additional information or if you would like to discuss any of the ordinances in more detail. Finance Director/City Clerk cc: Jim Sheldon Liz Witt EJV/kf c2 REVISION MEMO - EAGAN July 14, 1988 TO: James F. Sheldon, Eagan City Attorney FROM: Lorraine E. O'Reilly, Codifier RE: 1988 City Code Revisions We herewith hand you ordinances amending Chapters 1 and 5 of the City Code. You will note that the number has been left blank on each of the ordinances, but a number should be assigned prior to adoption and publication. The enclosed ordinances, together with the covering memo should be reviewed by you and the City staff prior to being submitted to the Council for its consideration. After the ordinances have been adopted and published, please forward published copies to our office so that we are aware of any changes which have been made in the City's review. The revision pages will then be prepared by our office for insertion in the Code. CHAPTER 1 Sec. 1.02, Subd. 14, has been amended to increase the penalty for a petty misdemeanor to $200.00 in accordance with Chapter 329, Laws 1987. CHAPTER 2 Ordinances numbered 53 and 62 will be inserted in preparing the revision pages. CHAPTER 4 Ordinances numbered 56 and 57 will be inserted in preparing the revision pages. CHAPTER 5 The definition of an exclusive liquor store is updated in accor- dance with the statute, and Subd. 8 of Sec. 5.02 updated and includes a resident alien as an eligible applicant as provided by statute. Provisions relating to hours and days of sale are amended to delete the reference to "weekdays" and to more closely follow the language of the statute. Subd. 15 is added to Sec. 5.52 as requested in accordance with MSA 340A.410, Subd. 9. Ordinances numbered 52, 58, 59, 60 and 63 will be inserted in preparing the revision pages. CHAPTER 6 Ordinance No. 50 will be inserted in preparing the revision pages unless Sec. 6.35 is amended in accordance with our correspondence with the City Attorney. CHAPTER 9 Ordinance No. 61 will be inserted in preparing the revision pages. CHAPTER 11 Ordinance No. 55 will be inserted in preparing the revision pages. CHAPTER 13 Ordinances numbered 51 and 54 will be inserted in preparing the revision pages. c: Gene Van Overbeke, City Clerk-Treasurery (with copies of ordinances) -2- 9 ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING CITY CODE CHAPTER 1 ENTITLED "GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION" BY CHANGING THE PROVISION FOR VIOLATION OF A PETTY MISDEMEANOR; AND, MAKING THIS ORDINANCE APPLICABLE TO EVERY CHAPTER, SECTION OR OTHER PROVISION OF THE EAGAN CITY CODE. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Sec. 1.02 entitled "Definitions" is hereby amended by changing Subd. 14, to read: Subd. 14. "Petty Misdemeanor" means an offense, which does not constitute a crime, and for which a sentence of a fine of not more than $200.00 may be imposed. Section 2. This ordinance shall be applicable to every chapter, section, or other provision of the Eagan City Code. Section 3. Effective Date. This ordinance shall take eEfect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published: ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 5 ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY CHANGING PROVISIONS RELATING TO DEFINITION OF EXCLUSIVE LIQUOR STORE, PERSONS DISQUALIFIED, SALE BY EMPLOYEE AND HOURS AND DAYS OF SALE; BY ADDING A PROVISION RELATING TO COIN-OPERATED AMUSEMENT DEVICES; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 5.01 entitled "Definitions" is hereby amended by changing Item 9, to read: 9. "Exclusive Liquor Store" means an establish- ment used exclusively for the sale of liquor except for the incidental sale of ice, tobacco, beer, beverages for mixing with liquor, soft drinks, cork extraction devices, and books and videos on the use of alcoholic beverages in the preparation of food, and the establishment may offer recorded or live entertainment. Section 2. Eagan City Code Sec. 5.02 entitled "Applications and Licenses Under This Chapter - Procedure and Administration" is hereby amended by changing Subd. 8, to read: Subd. 8. Persons Disqualified. A. No license under this Chapter may be issued to: (1) a person not a citizen of the United States or a resident alien; (2) a person who within five years of the license application has been convicted of a willful violation of a Federal or State law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution, of alcoholic beverages; (3) a person who has had an alcoholic beverage license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporate licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; (4) a person under the age of twenty-one years; or, (5) a person not of good moral character and repute. B. No person holding a license from the Commissioner as a manufacturer, brewer or wholesaler may have any ownership, in whole or in part, in a business holding an alcoholic beverage license from the City. read: read: read: read: Section 3. Eagan City Code Sec. 5.10 is hereby amended, to SEC. 5.10. SALE BY EMPLOYEE. Any sale of an alcoholic beverage in or from any premises licensed under this Chapter by any employee authorized to make such sale in or from such place is the act of the employer as well as of the person actually making the sale; and every such employer is liable to all of the penalties, except criminal penalties, provided by law for such sale, equallywith the person actually making the sale. Section 4. Eagan City Code Sec. 5.34 is hereby amended, to SEC. 5.34. HOURS AND DAYS OF BEER SALES. No sale of beer shall be made between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on the days of Monday through Saturday, nor between the hours of 1:00 o'clock A.M. and 12:00 o'clock noon on Sunday. Section 5. Eagan City Code Sec. 5.53 is hereby amended, to SEC. 5.53. HOURS AND DAYS OF LIQUOR SALES. Except as otherwise provided in Section 5.54, no on -sale shall be made after 1:00 o'clock A.M. on Sunday, nor between 12:00 o'clock midnight and 8:00 o'clock A.M. on Monday, nor between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on Tuesday through Saturday. No off -sale shall be made on Sunday nor before 8:00 o'clock A.M. or after 8:00 o'clock P.M. of any day, except Friday and Saturday on which days off -sale may be made until 10:00 o'clock P.M. ' No off -sale shall be made on New Year's Day, January 1; Independence Day, July 4; Thanksgiving Day; or Christmas Day, December 25; but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, off -sales may be made until 10:00 o'clock P.M. No sale of liquor shall be made after 8:00 o'clock P.M. on December 24. Section 6. Eagan City Code Sec. 5.71 is hereby amended, to SEC. 5.71. HOURS AND DAYS OF SALES BY ON -SALE WINE LICENSEES. No on -sale of wine shall be made between 1:00 o'clock A.M. and 10:00 o'clock A.M. on Sunday, nor between 12:00 o'clock midnight and 8:00 o'clock A.M. on Monday, nor between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on Tuesday through Saturday, nor between the hours of 8:00 o'clock P.M. on December 24 and 8:00 o'clock A.M. on December 25. Provided, however, that the sale of wine shall be made between the hours of 10:00 o'clock A.M. and 12:00 o'clock midnight on Sunday only if the licensee establishment is in conformance with the Minnesota Clean Indoor Air Act. -2- g1 Section 7. Eagan City Code Sec. 5.52 entitled "Liquor License Restrictions and Regulations" is hereby amended by adding a Subdivision, to read: Subd. 15. Coin-operated amusement devices may not be located on premises licensed for off -sale of liquor. Section 8. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 8. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published: Agenda Information Memo August 16, 1988, City Council Meeting CONSIDERATION OF WESCOTT HILLS FEDERAL TAX CREDIT C. Consideration of Comment Regarding Wescott Hills Federal Tax Credit --The City has received a request from the Dakota County HRA for a comment concerning an application by JA Development for federal income tax credits for low income housing, a program administered by Dakota County. The credits are a part of the tax act of 1986 and is intended to support and encourage the continuation of low income housing opportunities. The application pertains to properties under construction by JA Development located in Wescott Hills Revised 3rd Addition, Lots 1:1 - 14, as shown on th map enclosed on page Q. Also enclosed on pages q[. c1 5 are two memos from Administrative Assistant Hohenstein outlining the request and improvements JA Development has accomplished in the project which are to be supported by the credit. If the City Council chooses to make positive comment to the Dakota County HRA regarding this application, staff would recommend consideration of certain objective criteria to be applied to this and future requests for such credits. A draft of six criteria is included in the enclosed memorandum. ACTION TO BE CONSIDERED ON THIS ITEM: 1. To approve or deny criteria for consideration of applications for federal low income housing tax credits and 2) to make positive comment, no comment or negative comment to the Dakota County HRA regarding JA Development's application for low income housing tax credits. B9 J -J CC i L:sasseetttiis:t:A::LtYR s•s:siss ttRL•-:ABA^' kk-eke_kthtkkk V CF e¢Ecb 422:t23881::2z:VZO=4a112Sattall !:1:its•sist•:iz8F28 = .... ZS'. VVIR usi/t..: mum; Pie:888itinu:::78iEEEEE::Ei .Rtstt•_:i02kk.otthttktktikc:t: G:c:•_::.:B:t:AR:istsztttussa:, s is:_LisSt::S::ett:s::t:sgsram 54::t::0test•::zs=.t is': rkttttitkt:Rtsakittii:tik:c. ievo tRt::st=zi4t0::xst:tit'4 Qaecataoaa 5=55E55 1 SHEETS t. M1 A MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT HOHENSTEIN DATE: JULY 19, 1988 SUBJECT: WESCOTT HILLS FEDERAL TAX CREDITS As I indicated in our conversation regarding this matter, it appears that the original discussion of this matter was not as clear as it might have been. In particular, the tax relief being requested by the developer is a federal income tax credit available as a means of alleviating tax act impacts on low and moderate income housing projects. In addition, the Dakota County HRA staff would oversee the maintenance and enforcement of any agreement struck to provide this credit. Therefore, the financial and staff impact on the City as a result of this request would be practically nonexistent. Essentially the developer has suggested that the receipt of tax credits could be tied to the provision of additional green space/open space within the project, improved quality materials in phases of the project to which the credits would apply and an improved/coordinated management system that would reduce public safety demands resulting from the project. J.A. Development has indicated that it would like to discuss possible assistance in the development of the open space namely in the areas of design and improvements. In a brief discussion with Park staff, it was determined that priorities for that park service district could be reviewed, but that the logical alternative would be for the management company to pay any costs of development of recreational structures with possible design assistance from City staff. Currently a meeting is scheduled for Wednesday, July 27, 1988, at 10:00 a.m. At this meeting the specific desires of the developer as well as the City's concerns may be discussed. I will be coordinating attendance at that meeting. If you have any questions, please let me know. Admilnistr JDH/j eh ive Assistant MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT HOHENSTEIN DATE: AUGUST 11, 1988 SUBJECT: WESCOTT HILLS FEDERAL TAX CREDIT REQUEST Issue Attached please find a copy of a letter originally posted to the City by the Dakota County Housing and Redevelopment Authority in February concerning a request by the owners of Wescott Hills 3rd Addition, Lots 11-14, Block 1, for federal low income housing tax credits. The credit is one of the few remaining income tax benefits available to low income housing owners following federal tax reform. It will not affect property taxes in any way nor will it affect the City's ability to generate revenue. The credits are a federal program administered by the County HRA and the local comment option is intended to provide an opportunity for cities to review applications and be certain the credits are being used to support projects consistent with local land use planning and social goals. That 1. 2. being the case, the City has three options: Comment in support of the federal credit or the project conditions, Make no comment in either support or opposition to credits or 3. Officially offer a negative comment if the project is not city goals. Background with or without for the project, consistent with At the time this request originally came forward, there was some misunderstanding that it was a property tax credit or a financial participation program to which the City has been generally opposed. Therefore, the specific issues of the project were not fully discussed. However, in discussions with City staff, the owners of the project in question indicated an intent to respond to City concerns about the general appearance and public safety problems at the complex to help secure the credits. Currently, JA Development, the owner of the phase in question, manages 70% of the buildings in the Wescott Hills Development. In so doing, they have provided a more effective reporting mechanism such that public safety officials are better able to contact a responsible, on-site superintendent than was the case before. Moreover, the combined management has reduced the incidence of major public safety calls from last year. In addition, JA Development has made certain improvements to the exterior design which have improved the appearance of the current phase over previous phases and it is their intention to continue the new design features in future phases. A rendering of the new design is enclosed. In addition, due to the timing of this matter before the Council, these units are substantially complete and may be viewed at the pleasure of the Council. WESCOTT HILLS AUGUST 11, 1988 PAGE TWO As a part of its plans for the future of this project, the applicant hopes to acquire management or development rights of the remaining phases of the project and to use such control to provide an open, recreational space on five interior lots of the project. They believe that this will enhance the appearance and quality of the project as well as draw activities from the street into the open space to further improve the safety situation in the development. To effect such an improvement, the developer may return to the Council to request a density transfer to other undeveloped lots. Because of the uncertainty and complexity of these issues, staff has indicated to the developer that these issues are important for Council information but should not be a part of the current request. Analysis Therefore, based upon the improved management and its reduction of major public safety calls and the improved appearance of the current phase, the developer is again requesting official comment from the City to the Dakota County HRA regarding federal income tax credits for the four units currently being completed. The County has indicated that it will probably provide an allocation to the developer if the City chooses a positive comment option or a no comment option. Only in the event of a negative City comment will the request likely be denied. If the Council were to choose to comment in the affirmative, it is staff's position that certain standard criteria of choice be implemented by which to judge requests for such credits. Generally, these criteria should support explicit development goals of the City. In this regard, staff is recommending that the following criteria be considered: Requests for Low Income Housing Tax Credit shall be considered by the City of Eagan for eligible projects on the basis of their relationship to the criteria which follow. The project may not be required to conform with all criteria but is unlikely to receive endorsement if it compares unfavorably to a majority of the criteria. 1. Low income housing tax credits may be used only for rehabilitation or upgrade of existing projects or to enhance subsequent phases of existing projects. (This criteria reserves the credit for improvements in areas of identified problems rather than for new projects.) 2. Applicants for low income housing credits should demonstrate that the credits will serve to reduce the density of multi -family developments. (This criteria reenforces the Council direction to reduce density and bring about down -zoning.) 3. Applicants' projects should exceed exterior finish requirements. (This criteria supports the Council direction concerning finish material and lends added impetus to the use of quality finish materials.) Q3 WESCOTT HILLS AUGUST 11, 1988 PAGE THREE 4. Applicants' projects should exceed landscape requirements and/or open space requirements. (Again, this criteria reenforces the reduction of density and addition of amenities to subject projects.) 5. Low income housing credits may be used only for two to three bedroom homes/units to provide low income housing opportunities for families. (This criteria promotes the City policy of lower density, scattered site, low income housing as multiple bedroom units are more frequently present in lower density developments.) 6. No fewer/more than % of units occupied must be occupied by low and moderate income persons/families. (In the past, the City has required that no more than 20% of an eligible project's units be occupied by low and moderate income persons as defined by a low/moderate criteria for consideration for multi -family housing bonds. If this policy is to be applied to low income credits, it may conflict with the program's requirements. The low income housing credit allows the applicant a choice between having at least 20% of the units occupied by persons at 50% or less of median gross income or having at least 40% of the units occupied by persons at 60% or less of median gross income. If a percentage requirement is applied as a criteria for low income housing credits, the City will need to rationalize this maximum/minimum issue.) If you have any questions regarding this matter, please let me know. A.finistrative Assistant JDH/j eh Attachment 9 DAKOTA COUNTY iu 111 HRA Serving People and Communities February 15, 1988 Mr. Thomas L. Hedges, City Administrator Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: DAKOTA COUNTY HOUSING & REDEVELOPMENT AUTHORITY 2496 - 145th STREET WEST ROSEMOUNT, MINNESOTA 55068 612-423-4800 Enclosed is an application the Dakota County HRA received for an allocation of Low Income Housing Tax Credits (LIHC). The application is for a housing development in the City of Eagan Westcott Hills, 4th Phase. There are a few things still missing from the application. However, assuming the missing items are received, we would be taking this application to the Dakota County HRA Board for consideration of an allocation of the LIHC at their March meeting. A part of the application process is allowing the City in which a project is to be located an opportunity to comment on the project or the use of LIHC on the project. The City has an option as to whether or not they choose to comment. Any comments received will be considered before allocating LIHC. I have also enclosed a copy of our procedural manual for your information. We would appreciate receiving any comments by March 1, 1988. If we have not heard from the City by that date, we will assume you do not wish to comment. Please call Mark Ulfers or me with any questions. Sincerely, 6f,eaae7( Kari Erickson Deputy Director "AN EQUAL OPPORTUNITY EMPLOYER" Agenda Information Memo August 16, 1988, City Council Meeting VARIANCE/SCOTT AND ANN STROMMEN D. Variance for Scott and Ann Strommen to Allow a Ten Foot Variance to the 30' Setback from a Public Right -of -Way --The Planning Department has received an application from Scott and Ann Strommen to allow a ten foot variance to a 30' setback from the public right-of-way at 4036 Northview Terrace, Lot 11, Block 3, Lexington Parkview Addition. For additional information on this item, ple se refer to the Planning Department report enclosed on pages ok X through t(jcD. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Scott and Ann Strommen to allow a 10' variance to a 30' setback from the public right-of-way. 9� CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: SCOTT & ANN STROMMEN LOCATION: 4036 NORTHVIEW TERRACE LOT 11, BLOCK 3, LEXINGTON PARKVIEW EXISTING ZONING: PD, R-1 (PLANNED DEVELOPMENT, SINGLE FAMILY) DATE OF PUBLIC HEARING: AUGUST 16, 1988 DATE OF REPORT: AUGUST 8, 1988 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUMMARY An application has been submitted by Scott and Ann Strommen requesting a 10 -foot variance to the minimum 30 -foot required setback from public right-of-way. COMMENTS The purpose for the variance is to allow the Strommens to construct a 1,533 -square -foot home on lot 11, block 3, Lexington Parkview Addition. Being a corner lot, this 12,600 -square -foot lot has 225 feet of frontage along Northview Terrace; therefore, there is a 30' setback on two sides of the home. The house will meet or exceed all other setback and lot coverage requirements and will not encrouch any drainage and utility easements. The applicants are pleased with the location and the original house plans were drawn prior to knowing about the 30' setback on the west side. Any new house plans drawn will cost the applicant $400.00 and a delay in their building schedule. If approved, this variance shall be subject to all applicable code requirements. 1/4 SEC.23, 020-11 10.45'011 11110 ••1.'\Iv' L.24 15544.4014114 1 Ole -2b 010-00 13030 • • ! •1 7:0 IA DRIVE 0 00 1 c-) b c IIz CITY Of 1AGAN 011 - Ot 113.94 OUTLOT A 'v 12 TERRACE i 9 It 372 30 127 /4 Ha 31 93 _ 93 11011 j10 Z9 ]:y• 171.93" 311 192 N 190.11 I511.44 '1s •� N9ri 31'1. 133111.21 .J�/11;J J. Jai b:p• 0 is 011-14 Vo"' Agenda Information Memo August 16, 1988, City Council Meeting SPECIAL PERMIT EXTENSION/EAGAN CHRISTIAN CENTER E. Special Permit for Eagan Christian Center to Allow a Two Year Extension of the Special Permit to Allow a Church Facility in an I•-1 District, Cedar Industrial Park RLS --The Planning Department has received an application from the Eagan Christian Center requesting a two year extension of its special permit to allow church activities in an I-1 limited industrial district located at Tract F of Cedar Industrial Park RLS. For additional information on this item, please refer t the Planning Department report which is enclosed on pages jtu P(k. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a two year special permit extension for the Eagan Christian Center to allow a church facility in a limited industrial district. D1 CITY OF EAGAN SUBJECT: SPECIAL PERMIT APPLICANT: EAGAN CHRISTIAN CENTER LOCATION: CEDAR INDUSTRIAL PARK R.L.S. PART OF TRACT F EXISTING ZONING: I -1 -LIMITED INDUSTRIAL DATE OF PUBLIC HEARING: AUGUST 16, 1988 DATE OF REPORT: AUGUST 5, 1988 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUMMARY An application has been submitted by Pastor Jay Zinn requesting a two-year extension of their recently expired permit. The original permit was applied for in July of 1986 and gained approval at the August 19, 1986 City Council meeting. The permit allowed the Eagan Christian Center to hold meetings Sunday mornings and Thursday evenings in a Limited Industrial district. It is not the intention of the applicant to make this their permanent location. The church, during the two-year time period, will eventually purchase their own property and build a meeting facility. All prior conditions and Code requirements have been met. If approved, this Special Permit shall be subject to the following conditions: 1. This temporary special permit shall expire two years after approval. 2. The permit shall be subject to all Code requirements. io • 112 --I n8 ` .41\ ,r,, SGL EAGAN CHRISTIAN CENTER wimp l �3 AcAD .Tof 1a 5 IA Oli)/4'� Se 4 00 1., (ao irr) LA 10,4 y SC tf 0L'?, Neo,' 1 S t�FtJt?i.K ToDO R JUuSEA X49 r- INV /0LARSEV j FRoNr EN pearvC E lJS Eagan Management Services, Inc. 1771 Yankee Doodle Road Eagan, Minnesota 55121 (612) 454-9006 July 19, 1988 City of Eagan/Zoning Board 3830 Pilot Knob Road P.O. Box 21199 Eagan, Mn. 55121 Dear Sirs, I currently function as Property Manager of the Shawnee Business Center, in which Eagan Christian Center are tenants. Having Eagan Christian Center as a tenant is definately an asset to the project. Their use of the space, hours of operation, etc., in no way affects the other occupants of the project. We are anxious to keep Eagan Christian Center as tenants for as long as possible. If you have any questions, or if I can help in any other way, please contact me at 454-9006. Sincerely, Kimberly Rogers Property Manager � o� Agenda Information Memo August 16, 1988, City Council Meeting WAIVER OF PLAT/LOT 6, BLOCK 1, CINNAMON RIDGE 6TH ADDITION F. Waiver of Plat for Zachman Brothers Construction Company to Allow a Duplex Lot Split on Lot 6, Block 1, Cinnamon Ridge 6th Addition --An application for waiver of plat has been received by the Planning Department from Zachman Brother Construction Company, Inc., for a duplex lot split to allow individual ownership on Lot 6, Block 1 of Cinnamon Ridge 6th Addition. For a copy of the Planning Department report regarding this matter, refer to pages k0011 through fC ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the waiver of plat for Lot 6, Block 1 of Cinnamon Ridge 6th Addition as presented. log CITY OF EAGAN SUBJECT: WAIVER OF PLAT APPLICANT: ZACHMAN BROTHERS CONSTRUCTION CO, INC LOCATION: LOT 6, BLOCK 1 CINNAMON RIDGE 6TH ADDITION EXISTING ZONING: PD (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: AUGUST 16, 1988 DATE OF REPORT: AUGUST 1, 1988 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUMMARY An application has been submitted by Zachman Brothers Construction Company, Inc. requesting a Waiver of Plat for lot 6, block 1, Cinnamon Ridge 6th Addition. The purpose for the Waiver is to allow individual ownership. The duplex has separate utilities and meets or exceeds all setback requirements. If approved, this Waiver shall be subject to all applicable code requirements. W\05T )wL7( Co21UE2 F SAICI L,o i !o . /15.93 0 0 p9 YY1b`ii 5WL1( Co2NEQ vF SAIo DoT z . Sou i i4 -.ASI -E2 LY SA -10 Lv-( (o . 12.0 0 H�L=2212 fJ01L714 LINE a SAiD LoT to. / 0 13 N UNE aF a: 'fin 5$ I 32.00 0 CJ That to th North said corne .Lot 6 corne Agenda Information Memo August 16, 1988, City Council Meeting PRELIMINARY PLAT/REPLAT CEDAR CLIFF COMMERCIAL PARK 5TH ADDITION G. Preliminary Plat to Replat Cedar Cliff Commercial Park 5th Addition Consisting of Two Neighborhood Business Lots --A public hearing was held by the Advisory Planning Commission at its last regular meeting held on July 26, 1988 to consider a preliminary plat/replat of Cedar Cliff Commercial Park 5th Addition as requested by Federal Land Company. The replat modifies the boundaries of the current two lots contained within the subdivision increasing the size of Lot 1 and decreasing the size of Lot 2. The Advisory Planning Commission is recommending approval of this replat. For a copy of the Planning and Engineering Department reports on this matter, please refer to pages It:1. through JfY For a copy of the APC action on this item, refer to pages/10-2.- ACTION ages/O-. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat/replat of Cedar Cliff Commercial Park 5th Addition as presented. \k CITY OF EAGAN SUBJECT: PRELIMINARY PLAT (REPLAT) CEDAR CLIFF COMMERCIAL PARK 5TH ADDITION APPLICANT: FEDERAL LAND COMPANY LOCATION: SE 1/4 OF SECTION 30 EXISTING ZONING: PD (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: JULY 26, 1988 DATE OF REPORT: JULY 18, 1988 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION SUMMARY An application has been submitted requesting a Preliminary Plat (Replat) consisting of two lots along the north side of Cliff Road at the Cedar Cliff shopping center. This Preliminary Plat will add 45' to the west property line of the Dakota County State Bank. Although a Waiver of Plat would have achieved the same result, platting was a necessity for the bank's financing requirements. Since this replat incorporates a portion of the shopping center's drive aisle, a cross easement should be provided with the Final Plat submission. Lot 1 will contain 4.16 acres and lot 2 will be increased to .53 acre. CEDAR CLIFF - 5TH ADDITION ASSESSMENTS: The parcels proposed for replatting were properly assessed for all utilities and streets at the time of the original platting except for the upgrading of Cliff Road and lateral benefit from storm sewer trunk. There are no pending assessments of record and the following assessments are proposed in accordance with City Special Assessment Policy 82-1: PROJ # DESCRIPTION RATE QUANTITY AMOUNT 186 Lateral benefit trunk storm sewer 30.88/ff 627 $19,362 Future Cliff Road Upgrade 111.70/ff 432.19 $48,276 TOTAL PROPOSED ASSESSMENT $67,638 All final assessment obligations will be calculated based on the quantities and dimensions of the final plat and in accordance with the rates in effect at the time of final plat approval. CONDITIONS: CEDAR CLIFF COMMERCIAL PARK 5TH ADDITION 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, Bl, B3, Jel, F1, and Gl. 2. A cross easement shall be provided along the western property line of lot 2. �l3 STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10' 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. 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. C. Plans and Specifications 1. 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. 2. 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. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. 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. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. 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. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: LTS*2 STANDARD 4 Preliminary plat ADDITION LY_ LL COMMERCIAL PARK 0 U s 3 sy as Y V 1 8 3 " y5•o�o . ._i __ 4� /Th of I I -� /cc /..‘o, 9/.0 N J 6-y On/ Vf NV/H 0VOr' 01 y�1.v1s wltvfO•2 _7c' / /V FL - tl '<L l 'Or ""S ',7c ti'./ N•M %1 BOERHAVE LAND SURVE Ec o t0 - Q 0 COMMERCIAL al !hi II 4��1 C 11.1 • 1 I F of . 9 r ¢i 2i. 3 t I e ..h w :l Lt I9 COMMERCIAL ADDITION M0t,MAt t •:c 1L N dVW L 'ON Mp ADAM-- AVM d: 11-1`318 s_��,:,tN �tVO UvoL' O`.() Alrtru V10. a n. •Ia d -a roa an .0•0 ll J J �� CLIFF ROAD UPGRADE - 432.19 F.F. CL COMMERCIAL I1 13 • .5 LL. i tag x. J x :11 U :I1 i!3 in x jai . W , :Ali 1 CC Q W— 3 5 xs 5E aF 1'` 4 IA o. Sg COMMERCIAL ADDITION 01 I 4 Mf4,M.0• 001M 0 cl cIVV4 AVM J3 1H�;U I QVO s �r,:,rr•� UVOH A1N(lOD ViONVU i 1 1 LATERAL BENEFIT STORM SEWER TRUNK - 627 F .. . -,- ,. P:-.2 1 .;,-,',..,,-"-",-,-; • -893. I" ".".= (.;•.--,..4.: '. 7-- •/ ---.---% M 0 1 . U.3 .j .----•-t-.. \ \ 1 A F / =-1 \ \•.\ C.4 A - p p , . io. .. • , - i ' \ — c-\--- ) .' I [Ii : i I II LI : ---4 I ! ! , : • ‘ 'r---. '' /i ,/ \s‘ ss• .2s. • V. ' A 217 --7- / MARI 1AP- 9' 892.3 898.8 '''.,N..\_) . I • . o, > AP -26 ! .....,,z.' 883.5 I c..)'-" ; 886.6 AP= 4S. 881.7 889.0 ‘5° AP -10 i, \\ \ ! .-L"-• 9 I 9.7.. \ \ *.s.s. \• \ It =7 . 925. 6 ••......„,\N\ \N \\‘ \\\,:,',\ \ ../..._.,:t If --,77: , s : • ' —,-2.1, r.. ----i-- \\ . . ,... , L.S.- I j; ,, ., 1 r, : ; , • .. AP -50 / 886.0 894.0 ...,.. .:1-="ZT ,i I : 7-11.- • CV ti I i 1 L--- 0,; cr . --. • b i 1 :Ce--Z-FET,-. A -1.w --7— ' , i ; • ; ____ • • I—' 0 °------916 . ......19. - i ,•,,,. . • r'AN29 ,z) - -ft rn • . - . Q( SUBJECT PARCEL FIG # I city of eagan PUBLIC WORKS DEPARTMENT, STORM SEWER MASTER PLAN approved: standard plate It : Page 13/PLANNING COMMISSION MEETING MINUTES July 26, 1988 All voted in favor. WAIVER OF PLAT - CLIFF ROAD PROPERTIES Chairman Pawlenty opened the next public hearing regarding the application for a waiver of plat in order to combine a portion of Outlot B, Cliff Lake Centre Addition, with a parcel (011-76) to the west located along the west side of proposed Cliff Lake Road in the southwest quarter of Section 29 and the southeast quarter of Section 30. Assistant City Planner Sturm informed the Commission an application had been submitted requesting a waiver of plat in order to allow the conveyance of a lana transaction. The site is located along the west side of proposed Cliff Lake Drive, north of Cliff Road. A 0.3 acre piece would be transferred along with a portion of vacated Rahn Road to the 20 acre agriculturally -zoned parcel ownea by Federal Land Company. In exchange, Federal Lana Company would grant a roadway easement for the Cliff Lake Drive construction. Deaicatea right-of-way would be requirea when the Federal Land parcel develops. The developer was not present at the meeting and there were no public comments. Mr. Voracek asked what a Comprehensive Plan District was on the 0.3 acre piece. Mr. Sturm statea it was PD/CSC-10. Mr. Voracek askew if it was zoned D-4. Mr. Sturm statea it was zonea R-3. Mr. Voracek stated that the two parcels are compatible. And as long as they are compatible, he has no problem with the waiver of plat. Voracek moved, Graves seconded, the motion to close the public hearing and approve the waiver of plat for Cliff Road Properties in order to combine a portion of Outlot B, Cliff Lake Centre Addition, with a parcel (011-76) to the west located along the west side of proposed Cliff Lake Road in the southwest quarter of Section 29 and the southeast quarter of Section 30, subject to the following conaitions: 1. When Parcel 011-76 develops, the owner shall dedicate right-of-way for Cliff Lake Drive. 2. The 0.3 acre triangular piece created along with the vacated portion of Rahn Road shall be combined with Parcel 011-76. All voted in favor. CEDAR CLIFF COMMERCIAL PARK 5TH ADDITION - FEDERAL LAND COMPANY Chairman Pawlenty convened the next public hearing regarding an application for a preliminary plat (re -plat) of 4.69 acres ana two dad Page 14/PLANNING COMMISSION MEETING MINUTES July 26, 1988 lots zoned neighborhood business within the Cedar Cliff Commercial Planned Development located at the northeast intersection ot Clifr ana Nicols Roads in the southeast quarter of Section 30. Assistant City Planner Jim Sturm statea an application had been received requesting a preliminary plat (re -plat) consisting of two lots along the north side ot Clitf Road at the Cedar Clitf Shopping Center. The preliminary plat would add 45 feet to tne west property line of the Dakota County State Bank. The platting was a necessity tor the bank's financing requirements. Because the re -plat would incorporate a portion of the shopping center's drive isle, a cross -easement would be provided with the final plat submission. Lot 1 would contained 4.16 acres ana Lot 2 would be increased to 0.53 acres. Mark Collin, Federal Lana Company, (developer), statea if their application was approved, it would clear the title. Mr. Collin statea he was concerned regarding the two proposed assessments for the trunk storm sewer and the Cliff Road upgrade. He questioned the necessity for the improvements. Mike Foertsch stated the lana would benefit frcm the presence of Cliff Road. Chairman Pawlenty asked if anything could be done by the Commission regarding the assessment concern. Mr. Garry asked if Federal Lana Company was being assessed merely because they were before the Commission. Mr. Foertsch statea the Council has directed staff to update the assessments for anytning that goes through the system. He stated this property had never paid anything tor Clitf Road. Member Trygg questioned if they had not appeared betore tne Commission if they would have been -assessed. Mr. Foertscn stated no unless the City did a comprehensive assessment of all property. There was no public comment. Mr. Merkley stated he felt there was a need for a legal clarification on the assessment matter. He asked it it was legal to assess for future improvements. Mr. Sheldon stated supplemental assessments are permitted. He stated it may be more in the nature of a connection charge. Wilkins moved, Trygg seconded, the motion to close the public hearing and approve a preliminary plat (re -plat) of 4.69 acres ana two lots zoned neighborhood business within the Cedar Cliff Commercial Park Planned Development located at the northeast intersection of Cliff and Nicols Roads in the southeast quarter of Section 30, subject to the following conditions: 1. The standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: A-1, B --i, B-3, E-1, F-1, and G-1. Page 15/PLANNING COMMISSION MEETING MINUTES July 26, 1988 2. A cross -easement shall be provided along the western property line of Lot 2. All voted in favor. HIGHVIEW PARR ADDITION - MILDRED S. HANSON Chairman Pawlenty opened the next public hearing regarding a proposal for a preliminary plat consisting of three lots on 2.27 R-1 (single family) acres located south of Highview Avenue and west or Pilot Knob Road in the southeast quarter of Section 4. Mr. Sturm stated an application has been submitted requesting a preliminary plat for the Highview Park Addition consisting of tnree single family lots on 2.27 previously zoned R-1 acres located along the south side of Highview Avenue just west of Pilot Knob Road. He stated Lot 7 originally was approved as a single home site. Other lots in the area had been split one time; all are at least 100 feet wide. The lots, as proposed, meet the R-1 requirements of 12,000 square feet and are 85 feet wide at the 30' setback line. However, if a line were drawn between the existing home on Lot 7 and the home on Lot 6, the lots are only in the 80 foot to 85 foot width area. The major concern is keeping the large lot integrity of the original Highview Acres Addition. When the Highview Avenue was approved in the early 1980s, one utility service was provided in anticipation of one split to the lot. The developer did not comment at the meeting. Jim Nickle, 1426 Highview, stated he had discussions with 18 neighboring residents and they have serious reservations regarding the proposal. He stated two new lots would be smaller than the other lots in the area. They would prefer one lot only divided out. Mr. Nickle submitted a petition to the Commission signed by 18 of the 21 landowners. William Scarre, 1430 Highview, expressed concern as to the size of the lot. He stated the proposal may have changed since he recelvea his notice. Mr. Graves asked how many other lots had been split. Mr. Sturm explained and diagramed how the adjoining lots were previously split. Mr. Graves stated he would prefer not splitting the lots differently from the rest of the neighborhood. Mr. Merkley stated he favors only one split. He questioned if the minimum size is met, could the Commission prevent the split. City Attorney Jim Sheldon stated that in the Swanson case, the trial court upheld a factually similar case. Mr. Sheldon stated the I az Agenda Information Memo August 16, 1988, City Council Meeting PRELIMINARY PLAT/HIGHVIEW PARK ADDITION H. Preliminary Plat for Highview Park Addition/Mildred S. Hanson, Consisting of Three Lots on 2.27 Acres Zoned R-1 (Single Family) --At its last regular meeting on July 26, 1988, the Advisory Planning Commission held a public hearing to consider a preliminary plat for Highview Park Addition/Mildred S. Hanson consisting of three lots on 2.27 R-1 single family acres. The APC is recommending denial of this application. For a copy of the Planning and Xngineering Department report, refer to pages 107 through ! For a copy of the APC action on this item, refer to pages/3?-/// The Advisory Parks and Recreation Commission is recommending a cash dedication and trailway requirement if this application is approved. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat entitled Highview Park Addition as presented. CITY OF EAGAN SUBJECT: PRELIMINARY PLAT (HIGHVIEW PARK ADDITION) APPLICANT: MILDRED S HANSON LOCATION: LOT 7, BLOCK 1, HIGHVIEW ACRES EXISTING ZONING: R-1 (SINGLE-FAMILY) DATE OF PUBLIC HEARING: JULY 26, 1988 DATE OF REPORT: JULY 18, 1988 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION SUMMARY An application has been submitted requesting a Preliminary Plat for the Highview Park Addition consisting of three single-family lots on 2.27 previously -zoned R-1 acres located along the south side of Highview Avenue just west of Pilot Knob Road. Lot 7 originally was approved as a single -home site. Other lots in the area have been split one time; all are at least 100' wide. The lots as proposed meet the R-1 requirements of 12,000 sq. ft. and are 85' wide at the 30' setback line; however, if a line is drawn between the existing home on lot 7 and the home on lot 6, the lots are only in the 80'-85' width area. The major concern is keeping the large lot integrity of the original Highview Acres Addition. When Highview Avenue was improved in the early 1980's, one utility service was provided in anticipation of one split to the lot. These lots measure 23,200 sq. ft., 23,700 sq. ft., and 53,280 sq. ft. The 23,000 sq ft. lots must connect to city utilities with the building construction. The other lot is above the one -acre R-1 minimum ,lot size for mandatory sewer and water use. That home meets all code setback requirements. GRADING/DRAINAGE/EROSION CONTROL: No preliminary grading plan was submitted for staff eview as a part of this application. The existing contour of the land shows landlocked low areas along the east line of Lot 1 and in the area common to Lots 1 and 2 and northerly of the proposed building pad areas. Storm sewer is required to drain these potential drainage problem areas. Home building erosion control measures will be applicable on this site. This will entail the use of silt fence down slope from disturbed areas and the use of rock construction entrances to minimize mud tracking onto the existing streets. These measures should be installed as a first step in construction because of the project's close proximity to existing homes and storm sewer lines. UTILITIES: Water main service and sanitary sewer service are readily available to serve this site along Highview Avenue. The development will be required to provide water and sanitary sewer service to each platted parcel. STREETS/ACCESS/CIRCULATION: Public street access to this site is readily available along the northerly adjacent Highview Avenue. The driveways for the new home construction will connect to Highview Avenue which has a nonsurmountable type of curb and gutter. The home builder will have to remove the existing curb and gutter and replace with a drop type curb through the driveway section. Since front yard areas are lower than the existing street grades, the driveway should be constructed with a high point in the boulevard area to prevent the street runoff from flowing over the curb and having adverse impacts to the existing homes. EASEMENTS/RIGHTS-OF-WAY/PERMITS: Sufficient right-of-way for Highview Avenue was dedicated with the platting of Highview Acres. A storm sewer line easement will be required along the common lot lines between -Lots 1 and 2 for the proposed storm sewer construction. No unusual permit requirements are anticipated beyond the normal City requirements for excavation in public right-of-way and the appropriate sewer and water hook-up permits. ASSESSMENTS: A search of City records show no pending assessments of record and the following assessments are proposed as a condition of final plat approval in accordance with special assessment policy 82-1: i,s PROJ # DESCRIPTION RATE QTY AMT 49 Sanitary Sewer Lateral $15.85/ff 140 $2,219 14 Water Lateral 13.10/ff 140 1,834 Storm Sewer Trunk .056/sf 98,881 5,537 49 Sanitary Sewer Trunk 655/lot 2 lots 1,310 14 Water Trunk 630/lot 1 lot 630 TOTAL PROPOSED ASSESSMENT $11,530 All final assessment obligations will be calculated based on the quantities and dimensions of the final plat and in accordance with the rates in effect at the time of final plat approval. HIGHVIEW ACRES CONDITIONS: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, Bl, B2, Cl, C2, C4, D1, El, F1, and Gl. 2. The building setback shall be on an imaginary line between the existing homes on lots 6 and 7. 3. No setback Variances shall be allowed for newly -created home sites (lots 1 and 2). 4. Lots 1 and 2 shall connect to city utilities. 5. Development is required to provide a storm sewer outlet to the existing low areas in the areas of 1 and 2. STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10' 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. 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. C. Plans and Specifications 1. 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. 2. 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. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. 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. a 9 STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. 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. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: LTS#2 STANDARD MENDOTA �P'CONOONATE t.; IICON�PTE J CENTER CURVE +�W ✓SEN NJ ff---7-E"35"F-47" !3Y /r�Try Re . 2e) `J (, ,,,r• , l' .:.,. I , sti U d_ J 1 I ,I; 1/1 ' • / : ��� I -711 LOST SPU Arywn,os, f�F -E III COt)11T7Y I GOLF J2 J .p11 ,-, I • IRE FPL[ 4;rf r ,. C1,63. tEHHDEP 1 ! IA°ice ' ! •I '�« ' ik''r•d'•% ��• I r:l 1.41 • , l'i-l''; .,rr.1.7:-;-:'...'1..,..j';':;:::::,1::;::::••••::::.'1;; x...!i,lli:i ill :rGh7lllll C► 7, R23 0o i; ]f 343-00 332 -30 j7 sr -GO , -! 16- C" 2 -00 ti E � O - 0 1 3,0 253-00 051-00 52-7 C. f -",•t J 4- 091 -60 092-3:; I},'0 Clty of Eagan 020-75 PARK City Ea.7in 030-7F • 1s. ROA) .;MT 1 ''82-00 Jdi- 0 a I • fi HIGHVIEW City of EESan 094 -00 090-30 • 093-00 ,��Ic I • +- I i ROAD 4'040 7 4 0 5 4 232 31.K • '0018 TtNOSS3.ONe 3a1N30 NM41 Slf3NNV1d ! 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I--••■ WATER LATERAL SANITARY SEWER TRUNK 202 31•K • 001111Y440455140414/ 3411NT N4440.1 S2f3NNI ld / S2133NlSN3 / S2ic 3A8flS 'ONI''03 ONR3M f1S ONtll-9:11.7 - . 11 v .cr.rl.•• ••• 441.041 w r •INO ..1 1. 4.61 1i•0 • t I. nollaad Nddd M3I/1HDIH :OJ two-,aaa.+o0 r1ol5O QNt% ' VrviC vliV f TD4/NId1/Q '�lf1Itn ' W d ..e►Wnlw1-132id 10 40 0 H E !ia z, z: �=3 all WATER TRUNK - 1 LOT - I li-A .... 11;__ -^•t!.... 1 ----••• ;.7- gh- -21=1111‘..--OSE' -.7.'-- 1.• - -• 'r-- -- - -L-o. --"";.• • • - - , • 4.: ,,... •• ...... *dr r e •r" i L 7- i: C..,: ST NO 3 - ......6.4 ........ .1111•1111 1 ".772111114.1.71. .... . )driRi'dy-{ 1)/;Eyr ‘ . VALLE."( P--- ."EVT.- - Ti- 'ACREcg:i':: i ir— •—.7.._...gdii ; T • 1 CQU IT/iY. , kpt...,41-tAq gr7.71 ki L. ,t• • '• 7 I F77:-- c"? 1.....12.7)• 1 : • . , ... .... TREFFLE6 •ACRES - , u ? • .......--P 1 i .• t:/, \ - i , ! • 7 • _ ,E.I.:=Ez...., ,. .• i J --v...... I I . ' •-.----•••: e.% - r - ...._, ., . L -,i ',..6-;:iilTi • / ...•-•taw:gia/--.1411 r. *LOST SPUR COUNTRY / CLUB.. is N 7 6 7 SUBJECT PARCEL N FIG#2 city of eagan PUBLIC WORKS DEPARTMENT SANITARY SEWER MASTER PLAN approved: standard plate #: 2 •••••••••••• 66.7/6 V • j 12 82.0/ 82.0 / 37 .0 • LOST SPUR COUNTRY CLUB , A I:"ST 4.9/2.0 icIA1.67 t 1 31 ,1 4101 F-77AT 4' -i - ,9 50 88 p _1 r - ---, - 1. -g r ..T43.7.1C4 • ErtilLi._ 52.0 36 -,111•1.1111, 46.0/72 12" 1000 ' JO, I'VL-Yi _ 30: 48.2/7 TREFFLE. ACRES -1 ri 1 it" /98.0 56 _ 41) 34 4 2 40.0/ 29 • -2S r'.. - .;.....L.....-- , ?''s \ • I 1'950- 2,-..-- • --- i.`.- -•-' / i cc- . , T. \‘••.• ..- .,- 0\ . - (--? • 7 • ' .7 /.' '. '" ). ,\'\ -- 4 - . Cj . — . '''' ‘' s ' —7 r"-------- - — • -- . 1 , --------------:-—.LI: 720/7202 S 00 L. PARCEL city of eagan PUBLIC WORKS DE PARTMEN WATER MASTER PLAN 0 FIG#3 • pate *: standard approved: • - 60" T , • H- b L.:1,ST SPUR _t. C0:1!• TRY -H- c CLUB ti D ! fib` �►- 1 12-1 RILEY r SURD. ZEf,NDEP . K°888.0':\ 1-- H P. 4\\ 588.0': 894_Q _1_ r, �✓ 1,-oP=i -'�, .—�• D,= c • 859.3' 866.0 �` .. �T�. CHC.JCL 24"' DP -17 CQ P -T SUBJECT PARCEL N FIG#I city of eagan PUBLIC WORKS DEPARTMENT STORM SEWER MASTER PLAN approved: standard plate if : 19 Page 15/PLANNING COMMISSION MEETING MINUTES July 26, 1988 2. A cross -easement shall be provided along the western property line of Lot 2. All voted in favor. HIGHVIEW PARR ADDITION - MILDRED S. HANSON Chairman Pawlenty opened the next public hearing regarding a proposal for a preliminary plat consisting of three lots on 2.27 R-1 (single family) acres located south of Highview Avenue and west or Pilot Knob Road in the southeast quarter of Section 4. Mr. Sturm stated an application has been submitted requesting a preliminary plat for the Highview Park Addition consisting of three single family lots on 2.27 previously zoned R-1 acres located along the south side of Highview Avenue just west or Pilot Knob Road. He stated Lot 7 originally was approved as a single home site. Other lots in the area had been split one time; all are at least 100 teet wide. The lots, as proposed, meet the R-1 requirements of 12,000 square feet and are 85 feet wide at the 30' setback line. However, if a line were drawn between the existing home on Lot 7 and the home on Lot 6, the lots are only in the 80 foot to 85 foot width area. The major concern is keeping the large lot integrity of the original Highview Acres Addition. When the Highview Avenue was approved in the early 1980s, one utility service was provided in anticipation of one split to the lot. The developer did not comment at the meeting. Jim Nickle, 1426 Highview, stated he had discussions with 18 neighboring residents and they have serious reservations regarding the proposal. He stated two new lots would be smaller than the other lots in the area. They would prefer one lot only divided out. Mr. Nickle submitted a petition to the Commission signed by 18 of the 21 landowners. William Scarre, 1430 Highview, expressed concern as to the size of the lot. He stated the proposal may have changed since he received his notice. Mr. Graves asked how many other lots had been split. Mr. Sturm explained and diagramed how the adjoining lots were previously split. Mr. Graves stated he would prefer not splitting the lots differently from the rest of the neighborhood. Mr. Merkley stated he favors only one split. He questioned if the minimum size is met, could the Commission prevent the split. City Attorney Jim Sheldon stated that in the Swanson case, the trial court upheld a factually similar case. Mr. Sheldon stated the 131 Page 16/PLANNING COMMISSION MEETING MINUTES July 26, 1988 Commission could review the matter, but it's ability to prevent when requirements are met is limited. Member Wilkins stated as long as the requirements are met, she felt the Commission must approve the proposal. She stated the original lots were large because of the lack of sewer and water. Member Trygg agreed with Wilkins. Chairman Pawlenty asked if the City could adopt an ordinance to improve quality standards. Member Wilkins questioned if with the original Highview Addition there was any covenant. John Odink, 2855 Pilot Knob, was the original developer and first platted the property. He stated the original covenants restricted the property to lots of 2.5 acre size. However, the covenants were subsequently nullified. Mr. Voracek questioned if the matter was approved, could a condition be added of locating their house at a point on the lot with a width of 85 feet. Mr. Sheldon stated it could be established as a proposal, however, if the setbacks are met, there must be a rationale. Mr. Graves stated the neighbors are against the proposal and the Commission should strive tor quality. He reiterated his opposition. Chairman Pawlenty agreed with Mr. Graves. Wilkins moved, Voracek seconded, the motion to close the public hearing and approve a preliminary plat for Highview Park Addition consisting of three lots on 2.27 R-1 (single family) acres located south of Highview Avenue and west of Pilot Knob Road in the southeast quarter of Section 4, subject to the following conditions: 1. The standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: A-1, B-1, B-2, C-1, C-2, D-1, E-1, F-1, and G-1. 2. The building setback shall be on an imaginary line between the existing homes on Lots 6 and 7. 3. No setback variances shall be allowed for newly created home sites (Lots 1 and 2). 4. Development is required to provide a storm sewer outlet to the existing low areas in the areas of 1 and 2. area. 5. The driveway to be located in the high point of the street 6. Lots 1 and 2 shall connect to City utilities. Page 17/PLANNING COMMISSION MEETING MINUTES July 26, 1988 Garry, Trygg, and Wilkins voted in favor; Voracek, Pawienty, Merkley and Graves voted against. Mr. Graves asked the developer if he would like to return before the Commission or go forward to the Council. Bract Swenson, who was representing the developer, said they would go forward. Graves moved, Voracek seconded, the motion to deny a preliminary plat consisting ot three lots on 2.27 R-1 (single family) acres located south of Highview Avenue and west of Pilot Knob Road in the southeast quarter of Section 4. The reason for the denial was because this type of division is unacceptable for the neighborhood. Voracek, Pawlenty, Merklev and Graves voted in favor; Garry, Trygg and Wilkins voted against. Chairman Pawlenty stated the reason for the denial was because of the possible legal grounds which legal counsel will research further. Mr. Voracek stated his interpretation of the 85 foot ordinance was that all the houses should be set in a line. WOODLANDS 2ND ADDITION - ROBERT ENGSTROM COMPANIES Chairman Pawlenty convened the next public hearing regarding the application for a preliminary plat consisting ot twelve lots on 7.35 R-1 (single family) acres located north of Basswood Lane in the southeast quarter of Section 14. Assistant City Planner Jim Sturm stated an application had been received requesting a preliminary plat for The Woodlands 2nd Addition consisting of 12 single family lots on 7.35 acres which was previously zoned R-1 with The Woodlands Addition. This plat is in conformance with the City's most recent land use plan that designates the area D-10-3 units per acre. The variance is for the cul-de-sac in excess of 500 feet (630 proposed). Mr. Sturm stated there was virtually no other way to develop the parcel and that all of the lots are above 90 feet wide at the setback line; most are in the 110 to 120 feet range. The developer intends to sell the lots for custom home sites and will have architectural controls for each building as was the case with the Woodlands 1st Addition. The cul-de-sac follows a ridge line that falls to low areas on all sides. Except for the southeastern three lots, the site is heavily wooded and well suited for executive home sites. An overall grading plan was submitted, however, it is the developer's desire to grade each lot individually to save as many trees as possible. The William Brothers Pipeline easement forms the western property line and it is suggested and it has been customary procedure to note that easement in all abutting lots purchase agreements. (�I Agenda Information Memo August 16, 1988, City Council Meeting PRELIMINARY PLAT/WOODLANDS 2ND ADDITION I. Preliminary Plat for Woodlands 2nd Addition/Robert Engstrom Company, Consisting of 12 Lots on 7.35 R-1, Single Family Acres -- At its regular meeting held on July 26, 1988, the Advisory Planning Commission held a public hearing to consider a preliminary plat application for Woodlands 2nd Addition as presented by Robert Engstrom Company. The plat consists of 12 single family lots abutting a cul-de-sac in excess of 500 feet. Because the variance to the cul-de-sac length and the plat itself coincide completely, this application was publicly noticed as a preliminary plat and necessary variance, however, a separate application for a variance has not been requested of the developer. In its report, the Planning Department has indicated that a cul-de-sac variance shall be approved as a condition of plat approval. Therefore, at the discretion of the Council, the variance to allow a cul-de-sac in excess of 500 feet may be considered or staff may be directed to request a separate variance application of the developer. The Advisory Planning Commission is recommending approval of this application as presented. The Advisory Parks and Recreation Commission is recommending a cash dedication. For a copy of the Planning and Engineering report on this matter, please refer to pages /4;--/C. For a copy of the APC action on this item, refer to pageslj(,* (�7. ACTION TO BE CONSIDERED ON THIS ITEM: 1. To approve or deny a variance for a cul-de-sac in excess of 500 feet (630 feet) and 2) To approve or deny the preliminary plat for Woodlands 2nd Addition as presented. lU� CITY OF EAGAN SUBJECT: PRELIMINARY PLAT VARIANCE (WOODLANDS 2ND ADDITION) APPLICANT: ROBERT ENGSTROM CO. LOCATION: SE 1/4 SECTION 4 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: JULY 26, 1988 DATE OF REPORT: JULY 18, 1988 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION SUMMARY An application has been submitted requesting a preliminary plat for The Woodlands 2nd Addition consisting of 12 single family lots on 7.35 acres previously zoned R-1 with The Woodlands Addition. This plat is in conformance with the City's most recent Land Use Plan that designates this area D-1 0-3 units per acre. The variance is for the cul-de-sac in excess of 500 feet (630 proposed). There is virtually no other way to develop this parcel and all of the lots are above 90 feet wide at the setback line; most are in the 110-120 feet range. They vary in size from 12,700 sq. ft. to 55,945 sq. ft. The developer intends to sell these lots for custom home sites and will have architectural controls for each building as was the case with The Woodlands 1st Addition. The cul-de-sac follows a ridge line that falls to low areas on all sides. Except for the southeastern three lots, the site is heavily wooded and well suited for executive homesites. Although an overall grading plan was submitted, it is the developer's desire to grade each lot individually to save as many trees as possible. Since the Williams Bros. Pipeline Easement forms the western property line, it has been a customary procedure to note that easement in all abutting lots' purchase agreements. GRADING/DRAINAGE/EROSION CONTROL: The proposed cul-de-sac (Tanglewood Court) was previously graded with the Woodlands development. The grading proposed as a part of the Woodlands 2nd Addition is required to create building pads for the proposed lot development. The proposed fill slopes meet the City's 3:1 slope criteria. Storm sewer of sufficient depth and capcity to serve this site is readily available in Basswood Lane. The development will be required to provide an emergency overland drainage swale between Lots 9 and 10 from the proposed low point in Tanglewood Court. The existing low areas in the backyards of the proposed lots are designed to receive only backyard runoff, no storm sewer will discharge into these low areas. No erosion and sediment control plan was submitted for staff review as a part of the preliminary plat application. An erosion and sediment control plan addressing the following general criteria is required before issuance of a grading permit or final plat approval: Slope stabilization, restoration specifications after rough grading and utility installation, silt fence placement and maintenance, lot benching, gravel construction entrances, and diversion of runoff away from cut and fill slope areas. UTILITIES: Sanitary sewer service of sufficient capacity and depth has been provided to the proposed Woodlands 2nd Addition from the existing sanitary sewer in Basswood Lane. Water main service of sufficient capacity and pressure has been provided to the proposed Woodlands 2nd Addition from the existing water main in Basswood Lane. STREETS/ACCESS/CIRCULATION: Improved public street access has been provided through Basswood Lane as a part of the Sunrise Hills Addition development. The development is proposing to serve the proposed lots through the use of a cul-de-sac street. At the time of the platting of the Woodlands Addition, the proposed cul-de-sac street was designed as a through street to connect to the northwesterly adjacent property. EASEMENTS/RIGHTS-OF-WAY/PERMITS: The development is proposing street right-of-way widths in accordance with City Codes. Sufficient right-of-way for Basswood Lane was provided with the platting of the Sunrise Hills Addition. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agencies. ASSESSMENTS: The following pending assessments are identified based on the rates in effect under Project 494 and the developable area in the proposed Woodlands 2nd Addition: P 1 PROJ # DESCRIPTION RATE QTY AMT 494 Storm Sewer Trunk .053/sf 258,514 $13,701 494 Water Trunk 1,250/ac 5.94 ac 7,425 TOTAL PENDING ASSESSMENT $21,126 The following assessments are attributed to the proposed Outlot A in the Suncrest Addition. The underlying parent parcel of the proposed Suncrest Addition had not been previously assessed for water trunk or storm sewer trunk area assessments. PROJ # DESCRIPTION RATE QTY AMT 494 Storm Sewer Trunk .056/sf 27,240 $1,525 494 Water Trunk 1,315/ac .625/ac 822 TOTAL PROPOSED ASSESSMENT $ 2,347 All final assessment obligations will be calculated based on the quantities and dimensions of the final plat and in accordance with the rates in effect at the time of the final plat approval. THE WOODLANDS 2ND ADDITION CONDITIONS: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, Bl, Cl, C2, C3, C5, D1, El, Fl, and G1. 2. Lots 7, 8, 9, 10, and 11 shall note the proximity of the Williams Bros. Pipeline Easement in the purchase agreement. 3. The cul-de-sac variance, a length in excess of 500 ft., shall be approved. The planting in the center island shall be reviewed by staff in conceptual form. 4. An emergency overland drainage swale is required between Lots 9 and 10. 5. No storm sewer will be allowed to discharge into the back- yard low areas of the propsed development. STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10' 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. 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. C. Plans and Specifications 1. 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. 2. 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. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. 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. 1 (t71 STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. 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. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: LTS#2 STANDARD kc) LO�p.�fivr--1 1—A4-12 MA P Jfi4-1 • 1101 1CIRR/I NIN/GLS COLTr COURSE'r awE Cil�'��f 11 9I �g ,.:) �I 15 zc� m ai� T / / r D v 8 D a E Cv r� j "'Jim 8 % / / Yz I of oc r 4 0 w r o 0 U Ny " P Vi if PRELIMINARY PLAT, DRAINAGE, GRADING, EROSION CONTROL,' AND UTILITY PLAN WOODLANDS 2ND ADDITION •I. ••, tomo...•,•• •r• ,.•, 1 . •••,1 ....,.4•4* ,. MH. 4 .•••••r. Y• r., w tof23 TRI -LAND SURVEYING CO.,INC. SURVEYORS / ENGINEERS / PLANNERS TpMN CNTPE PFOrE550NAL BLDG • SLATE 202 1260TANKEE DOODLE BO.* • EAGAN, MN 9224 6.2-452-7P50 1.6D i2 GG Nn' h0:03 .',..-:"01.•;.3-100 33.N 0521 L02 LAS • 0019 `ONC•SS3f•.dd 3.11N30 NN411 S2f3NNV3d / SM33NtON3 / SLIdL3n&1S '3N1'.03 ONI&3A211S GNVI-I1:11 :C24 •1• ••Y •,•o r •coow w••••••••••• ww M •••w•WM •.•1 • ..w r�..�•r s•w ,o• • ••W pa w.i•• • 1 r •.• •e�C'/•t.n� •�W 1•r•rtg.•r 4.11.1 Nolllaad a dZ sGN'd-1GOOP\ NV1d Alllllfl GM, `7OWWN03 NOIS083 `9NIat1a9 139VNWdO `l'dld Mt/NMI-138d O Z t\ �I\ / s-\\ ,/ y 0 0 w et 2 4, / 1, 7 7 a SI3 iii ilx .Z.GG nn'n77v3 • hJa 3"13X70 31).MUO9ZI ZOZ 7105 • 70-43 larA}Si3><+� a 1N3J •W•11 S2i3NNV'1d / S633NION3 / SHO.l3/ t'S '3N1`'03 ONIA3A8f1S aNV1-I21I nl._+n ......N .W M ...I wII P.01 Y •W .M.. 4 • • y IS..H .1....••••••• lo• �. a X113.: qW �w1 I1u u:a.••V�l NOIlJGQV GNZ SQNV-1000M NV1d .11111101 (INV .`1081N00 NOIS083`ONIQVao `30VNl'AIQ `IVld JIadNIW413ad WATER TRUNK 8 856.064.4 , (...t N' 24 , E -,b c`J_ 48" - --- i EP 3N 0 877.2 876.3 ic-c. • - .• :1-', r , . 1 ND tD-s.../. 0. FD,4- 28 ' i E -e 42" •' - •E- d DP -9 .-.----:E--..1,7,2.7, ,E -f 48" -DP-101-, 'N,... 848.0 I - . _I: 856.0 TOt. h 860.0 858.3 862.8 v.( SCOrr HILLS -jL ':7I • < AD DI' D -w o., '--I CAR R14.GE WE SCOT T /7/ 1 ri iLLS GuLF GAD' ENE- h 1 - D13-18 S. E Lti3P33,(431 ,),'\ ‘.•:-'\-- ;"---- ,.,,-- i 873.0 ---- LE.27,11,710!4 • __211 854.0/ i \\ \\ JP -16 41.1 1 -•-•,. 1-1,-,-,,..,.., ,i------. ,,c,--1 882.0 ,/ P-'33 ,:IP #1..■•■ ......gt. I ..........0 01410M., . _,,,pa.-- 882.0 ----,-JP- b I 879./ 874.7 J P -5 9 _ i 1 ';'!"...-:..,z N • 854.0 0.. ! 832.0 .,....2- ---nn_887.0 ' - JP -42 r 4 0 .7 - \ • ---', ," 894.0 vir:), \--,\ 12.897.3 , 887.1 1 1.1j* 12 AJ • !..'•-.••!_'''. '• ''„;'‘ .',,,-„ ' 88P99 -23I.58 81285- 8.78/opi J8-JP88P6..020 ,.-.-- -.„ 85 P-63 887.0c 5. , .s.1...'(002V-,1L.\ 8997 JP -32 _' ';;, ,';,./':-•:-,.-,. .:-.:-:t 4"\:::(':-,E,._t, 7,%';*, ,.]`--,.::.-:-:I-y:c1,.''• 89 ; "• TA-•T I ! , . , • . NI= 880.4 4 - 884.0 - - -!: - -• ' . -- ' 895.0 i-!:',..7:_•::;, il . 1 ' ---P-44---- ' 0 7 - ! - 895:7 .,..-- 7-_ T FT; E,, ' .L7 - s \- • - ) _.1.: 2 l • J --n --- 21 -j-m / . • y / _ to -JP-I9 30 i . v JP -58 <1. 874.0 - .•--. 877.5 \ -9 ......;..• - - ., Ao,„ ..,„ 8822 8 N r-olJ 73.0 _ _, 879.4 • JP- 20 () 4 ) / 6", •••:: SUBJECT PARCEL FIG#1 city of eagan PUBLIC WORKS DEPARTMENT, STORM SEWER MASTER PLAN approved: standard plate IF: _• t:sj 615/800 1 le ,7; 1 •-) 18" 161 67 6/86.0 49.6/66.0 75/ 24" c.62) 24" HILLS 51.4/720 11 118" 1 1 i.63.6/ 72.0 A00 1T;ON 61 8" LJ c -J CARRIAGE HILLS GOLF COURSE SCCTT i 43 3/60 0 :16" Man Mlle Mink MIN 11=1! OEM MO AM. MO MIR I -r G;.RDEN LOTS 17.1/ 32 0 / 10 MG GROUND STOR. H.W. L. l05 16" A __. . 1 1 1 ; !)Lt // T t: .N. .."7•Tfaistio'' : 1., t 1LF!"-::. ,,,,„217_ s* --',:r.' -)?,•/ I a , '._Z_ /'`,-L___"- ';•1:16 r ' 7 ----2,f/c:. -r- ., -, . •,-. (C:i 1,''-- - . . 1 ; ------H iLl•-_-... .7 I 12"I i ' , 1 1 -1,,. . i i 1 i " _emir_maw smo--_ mos min- eintimit-: 113 58.2-Z; 50.3/67.0, 1 ,z i i , / 1 , _-_---.4 ',mi --S:01-7` Re.n/ ____, lawir sum amok armiLl=M_IMINVIC.:u - -- - 50.4/67.0 116" 1 FIG#3 • city of eagan PUBLIC WORKS DEPARTMENT WATER MASTER PLAN approved: standard plate If: Page 17/PLANNING COMMISSION MEETING MINUTES July 26, 1988 Garry, Trygg, and Wilkins voted in savor; Voracek, Pawienty, Merkley and Graves voted against. Mr. Graves asked the developer if he would like to return before the Commission or go forward to the Council. Brad Swenson, who was representing the developer, said they would go forward. Graves moved, Voracek seconded, the motion to deny a preliminary plat consisting of three lots on 2.27 R-1 (single family) acres located south of Highview Avenue and west of Pilot Knob Road in the southeast quarter of Section 4. The reason for the denial was because this type of division is unacceptable for the neighborhood. Voracek, Pawlenty, Merklev and Graves voted in favor; Garry, Trygg and Wilkins voted against. Chairman Pawlenty stated the reason for the denial was because of the possible legal grounds which legal counsel will researcn further. Mr. Voracek stated his interpretation of the 85 foot ordinance was that all the houses should be set in a line. WOODLANDS 2ND ADDITION - ROBERT ENGSTROM COMPANIES Chairman Pawlenty convened the next public hearing regarding the application for a preliminary plat consisting of twelve lots on 7.35 R-1 (single family) acres located north of Basswood Lane in the southeast quarter of Section 14. Assistant City Planner Jim Sturm stated an application had been received requesting a preliminary plat for The Woodlands 2nd Addition consisting of 12 single family lots on 7.35 acres which was previously zoned R-1 with The Woodlands Addition. This plat is in conformance with the City's most recent land use plan that designates the area D-10-3 units per acre. The variance is for the cul-de-sac in excess of 500 feet (630 proposed). Mr. Sturm stated there was virtually no other way to develop the parcel and that all of the lots are above 90 feet wide at the setback line; most are in the 110 to 120 feet range. The developer intends to sell the lots for custom home sites and will have architectural controls for each building as was the case with the Woodlands 1st Addition. The cul-de-sac follows a ridge line that falls to low areas on all sides. Except for the southeastern three lots, the site is heavily wooded and well suited for executive home sites. An overall grading plan was submitted, however, it is the developer's desire to grade each lot individually to save as many trees as possible. The William Brothers Pipeline easement forms the western property line and it is suggested and it has been customary procedure to note that easement in all abutting lots purchase agreements. IS CD Page 18/PLANNING COMMISSION MEETING MINUTES July 26, 1988 Bob Engstrom, developer, asked the Commission to approve his request. There were no public comments. Mr. Graves asked why the request for the customary notice regarding the Williams Pipeline easement. Mr. Voracek stated it had been the customary procedure because of the recent Williams explosion in St. Paul. Merkley moved, Garry seconded, the motion to close the public hearing and approve the preliminary plat of Woodland 2nd Addition consisting of 12 lots on 7.35 R-1 (single family) acres located north of Basswood Lane in the southeast quarter of Section 14, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied witn: A-1, B-1, C-1, C-2, C-3, C-5, D-1, E-1, F-1 ana G-1. 2. Lots 7, 8, 9, 10, and 11 shall note the proximity of the Williams Bros. Pipeline Easement in the purchase agreement. 3. The cul-de-sac variance, a length in excess of 500 feet., shall be approved. The planting in the center island shall be reviewed by staff in conceptual form. 4. An emergency overland drainage 9 and 10. 5. No storm sewer will be allowed low areas of the proposed development. All voted in favor. swale is required between Lots to discharge into the backyard SUNCREST ADDITION - WILLIAM BUTTNER Chairman Pawlenty opened the next public hearing in regard to the re -zoning of 10.53 agricultural acres to a single family district and a preliminary plat consisting of 16 lots located north of Sunwooa Trail and south of Birch Street in the soutneast quarter of Section 14. Mr. Sturm informed the Commission that separate applications had been received requesting a re -zoning of 10.53 agricultural acres to single family district and a preliminary plat consisting of 16 lots located northwest of the Sunrise Hills and Woodlands Additions and south of the Wescott Garden lots. He stated the 100' wide Williams Bros. Pipeline easement bi-sects the site in the southeast corner creating an outlet that will be attached to the Woodlands 2nd Addition. The plat calls for a road extension from Wescott Hills Drive to the platted Birch Street right-of-way. It is anticipated Agenda Information Memo August 16, 1988, City Council Meeting REZONING AND PRELIMINARY PLAT/SUNCREST ADDITION J. Rezoning and Preliminary Plat for Suncrest Addition/William Huttner for 10.53 A (Agricultural) Acres to an R-1 (Single Family) District Consisting of 16 Lots --A public hearing was held by the Advisory Planning Commission at its regular meeting on July 26, 1988, to consider a rezoning and preliminary plat entitled the Suncrest Addition as requested by WIlliam Huttner. As submitted, the plat consists of 16 single family lots. The Advisory Planning Commission is recommending approval. The Advisory Parks and Recreation Commission is recommending a cash dedication. For a copy of the Planning and Eng veering Department report, �,� please refer to pages ( through (o7 For a copy of the APC action on this item, refer to page)(4 —/)0 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat entitled Suncrest Addition as presented. i s� CITY OF EAGAN SUBJECT: REZONING, PRELIMINARY PLAT, VARIANCE SUNCREST ADDITION APPLICANT: WILLIAM HUTTNER LOCATION: SE 1/4 OF SECTION 14 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: JULY 26, 1988 DATE OF REPORT: JULY 18, 1988 REPORTED BY: PLANNING AND ENGINEERING DEPARTMENTS APPLICATION SUMMARY Separate applications have been submitted requesting a Rezoning of 10.53 A (agricultural) acres to an R-1 (single-family) district and a Preliminary Plat consisting of sixteen lots located northwest of the Sunrise Hills and Woodlands Additions and south of the Wescott Garden Lots. This proposal is in conformance with the City's most recent Land Use Plan. SITE PLAN/EXISTING CONDITIONS The 100' -wide Williams Brothers pipeline easement bisects this site in the southeast corner creating an outlot that will be attached to The Woodlands 2nd Addition. The plat calls for a road extension from Wescott Hills Drive to the platted Birch Street right-of-way. It is anticipated that this road will continue to the northeast and then loop southward connecting to Woodland Trail. Lot 5, block 1 and lots 9, 10, and 11, block 2 will be final platted as outlots since no immediate access is being provided to them. A stand of mature oaks is in the south central portion of the site where the stovepipe lots are being requested. If careful lot grading and driveway grading are followed, along with some retaining walls, it may be possible to save some of these trees. Code requires a 50' minimum width at the street right-of-way line. These stovepipe lots are 30' wide at that point. All other lots are at least 90' wide at the typical 30' setback line. They vary in size from 14,150 sq ft. to 60,000 sq. ft.; most have walkout capability. These custom built homes would be built exclusively by William Huttner. GRADING/DRAINAGE/EROSION CONTROL: The preliminary grading plan submitted as a part of this application proposes cut and fill areas ranging from 18' +/- in the area of the proposed flag lots connection to Sunwood Trail and 10' +/- along the westerly edge of proposed Sunwood Trail, respectively. The Development is proposing a 4' high retaining wall in the backyard areas of Lots 7,. 8 and 9 of Block 2 and along the common lot line between Lots 6 and 5, Block 2. The Development will be required to submit detailed plans and specifications for the proposed retaining walls for staff review and approval. In the proposed house pad areas for Lots 3 through 6, Block 2, the Development is proposing to leave the grading for the house pads on those Lots up to the discretion of the home builder. The Development is proposing to convey the site generated storm water runoff into Pond JP -60. Pond JP -60 is a designated ponding area on the City's Comprehensive Storm Sewer Plan. The cutlet for Pond JP -60 into Pond JP -41 was constructed in conjunction with the development of the Sunrise Hills Addition. The Development will be required to extend a storm sewer outlet to the northerly boundary of the plat. This northerly storm sewer extension should be designed to handle approximately 8 cfs of storm water runoff. The Development will be required to supply staff with proposed walkout elevations for the house pads in the area of Pond JP -60. At this time there is no way of knowing if the proposed house pad elevation encroaches below the high water level of the pond. There are two landlocked low areas created with this Development. Die to the fact that the only runoff being conveyed to these landlocked low areas is back yard runoff from the proposed house pads, the runoff into them will be minimal and outlets will not be required. These two landlocked low areas are located in the backyards of Lots 1, 2 and 3 and Lots 5, 6, 8 and 10, all in Block 2. No erosion and sediment control plan was submitted for staff review as a part of this preliminary plat application. The following items are required to be addressed in an erosion and sediment control plan prior to any grading permits being issued or final plat approval: 1. Lot Benching. 2. Specifications for seeding and mulching the site should be included in the proposed plan. All disturbed areas are required to be seeded and mulched within 48 hours after rough grading. 3. The site map should identify an ingress and egress point for the site. A rock construction entrance pad will be necessary at ingress and egress points to minimize tracking of mud by vehicles onto paved surfaces. 4. The silt curtain must be properly installed before any land disturbances occur. A detailed drawing for the installation of the silt curtain should also be included on the plan. 5. The revegetation of all areas disturbed by utility construction must be addressed in the proposed plan. 6. Maintenance of erosion and sediment control measures during and after rough grading should be included in the proposed plan. 7. The company responsible for maintaining and removing all erosion and sediment control practices should be identified. 8. A storm sewer inlet filter is required around all catch basins to prevent sediment movement into pond areas. 9. All storm sewer outletting into water bodies should be adequately protected to prevent scouring from occurring at the outlet. 10. Identify on the plan where topsoil will be stockpiled. 11. All fill slopes are required to be 3:1 or less. 12. Include construction schedules for rough grading, installing utilities, revegetating the site, building construction, curb and gutter, and blacktopping. These schedules impact erosion and sediment control requirements. UTILITIES: Sanitary sewer service of sufficient depth and capacity is readily available to the site in Wescott Hills Drive. The existing sanitary sewer in Wescott Hills Drive was provided as a part of the Sunrise Hills Development. The Development will be required to extend sanitary sewer service to its northerly property line -at a low enough elevation to serve the northerly adjacent Wescott Garden Lots, if and when, that area ever develops. Water main service of sufficient pressure and capacity is readily available in Wescott Hills Drive. The water main service in Wescott Hills Drive was provided with the development of the Sunrise Hills Addition. The Development will be required to provide a water main stub to the northerly adjacent property. STREETS/ACCESS/CIRCULATION: Street access to this site is readily available from the existing Wescott Hills Drive. The Development is proposed to be served by a 60' wide street connecting Wescott Hills Drive with the northerly adjacent Birch Street. Birch Street is a platted right-of-way but unimproved at this time. The Development will required to construct a temporary cul-de-sac at the north end of the proposed Development. EASEMENTS/RIGHTS-OF-WAY/PERMITS: The appropriate easements will be required on the sanitary sewer and water main service extended to serve Lots 3, 4, 5 and 6 of Block 2. The Development will be required to provide the appropriate ponding easement for Pond JP - 60 to incorporate the required high water level and storage volumes in accordance with the City of Eagan's Comprehensive Storm Sewer Plan. All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. ASSESSMENTS: The assessments which would normally be proposed as a condition of final plat approval are being collected/agreed upon by the execution of Waiver of Plat #14-W-9-5-88. SUNCREST CONDITIONS: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: B1, B2, B3, B4, Cl, C2, C3, C5, D1, El, Fl, and G1. 2. The developer shall note the proximity of the Williams Brothers pipeline easement in the purchase agreement for each lot abutting it. 3. A Variance for stovepipe lot widths shall be approved (lots 3, 4, 5, and 6, block 2). 4. Outlot A shall be included with The Woodlands 2nd Addition or the lot line between lots 4 and 5 shall be extended to the eastern property line. 5. Lot 5, block 1, and lots 9, 10, and 11, block 2 shall be final platted as an outlot. 6. Development is required to submit detail plans of the proposed retaining wall construction for staff review and approval prior to issuance of a grading permit and/or final plat approval. 7. Development is required to provide an 8 cfs storm sewer outlet to the northerly adjacent property. 8. Development is required to extend sanitary sewer service and water main service to the northerly adjacent property. STANDARD CONDITIONS OF PLAT APPROVAL A. Assessments 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10' 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. 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. C. Plans and Specifications 1. 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. 2. 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. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. 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. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. D. Public Improvements 1. 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. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfull its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: LTS#2 STANDARD 1 C„‘ OF-. HAP JA+L. 11O-1 rtel-c—ar a , _ CoIRRIAGE.' HILLS GOLF ----- couRsi -(,' • '.,-' "-., •c--.1 L,.---i- ,t :,._-...,, `..1 - _,...., 0,..., ,..__L• -,___,:„•,,e,..,_Hr....„. ..1s,,,vr ' t.,• ' '4' - - L---_,',"' I :•,U w,LL Av—.....,•-•'3'Z e,. : E.••:• SAN.. 29 ,.., ..,,,,,,.. I- ,,,Rtri ;:,' 5 , ..___ ,, .„:: '},e• .!J aSrOC,-:\ I '-'' 9-----,. ---'-' --(-a (4,_ ,i ----- E,-._ 0 4,1<i: ;',:•. - : ) ,, CMTCP GLEN GARDE N L.TS WESCOTT CARRIAGE HILLS GOLF COURSE //:/// ii-A`O/C' (7' J �\� , 77///#-- :\' \\� ` I 3i4 Lyes. \\\ `\----,I 'L,/./.;-.. //, \\\�,`\ ` 1\ \\\.'''' J ;: ./7 \\*#\'.\\'` \\.\\---:=-:----- \N..., 1\\\\\,t1,\,\e.\\,,,,-,.--\:\\N\\\''\\\'.%.\\,,N\\\\''':\ -\\\\,:\\\* 1 li k\'\ 1A8a ‘14 ‘11. 0 ) f�! / �R� � fJ•. • / C� I;i. t- s / \<...<- 14437 ),) V.\\\V:k\\ /(/////ok \4„tAz'\'` \\*\ \AI\.����,� 40'\ rOt 0 id 4-A\ -1 _J*‘,V / Wt V� ( (7_ it)/ o / C./ Sro I if 0 Page 18/PLANNING COMMISSION MEETING MINUTES July 26, 1988 Bob Engstrom, developer, asked the Commission to approve his request. There were no public comments. Mr. Graves asked why the request for the customary notice regarding the Williams Pipeline easement. Mr. Voracek stated it had been the customary procedure because of the recent Williams explosion in St. Paul. Merkley moved, Garry seconded, the motion to close the public hearing and approve the preliminary plat of Woodland 2nd Addition consisting of 12 lots on 7.35 R-1 (single family) acres located north of Basswood Lane in the southeast quarter of Section 14, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied witn: A-1, B-1, C-1, C-2, C-3, C-5, D-1, E-1, F-1 ana G-1. 2. Lots 7, 8, 9, 10, and 11 shall note the proximity of the Williams Bros. Pipeline Easement in the purchase agreement. 3. The cul-de-sac variance, a length in excess of 500 feet., shall be approved. The planting in the center island shall be reviewed by staff in conceptual form. 4. An emergency overland drainage 9 and 10. 5. No storm sewer will be allowed low areas of the proposed development. All voted in favor. swale is required between Lots to discharge into the backyard SUNCREST ADDITION - WILLIAM HUTTNER Chairman Pawlenty opened the next public hearing in regard to the re -zoning of 10.53 agricultural acres to a single family district and a preliminary plat consisting of 16 lots located north of Sunwooa Trail and south of Birch Street in the southeast quarter of Section 14. Mr. Sturm informed the Commission that separate applications nad been received requesting a re -zoning of 10.53 agricultural acres to single family district and a preliminary plat consisting of 16 lots located northwest of the Sunrise Hills and Woodlands Additions and south of the Wescott Garden lots. He stated the 100' wide Williams Bros. Pipeline easement bi-sects the site in the southeast corner creating an outlet that will be attached to the Woodlands 2nd Addition. The plat calls for a road extension from Wescott Hills Drive to the platted Birch Street right-of-way. It is anticipated Page 19/PLANNING COMMISSION MEETING MINUTES July 26, 1988 that the road will continue to the northeast and then loop soutnward connecting to Woodland Trail. Lot 5, Block 1 and Lots 9, 10, and 11, Block 2 would be final platted as outlots since no immediate access is being provided to them. A stand of mature oaks is in the south central portion of the site where the stovepipe lots were requested. Through careful lot gracing and driveway grading it may be possible to save some of the trees. Code requires a 50' minimum width at the street right-of-way line. The stovepipe lots are 30' wide at that point. All other lots are at least 90' wide at the typical 30' setback line. The custom built homes would be built exclusively by William Huttner. There are two landlocked low areas created with the development. Due to the fact that the only runoff conveyea to these landlocked low areas is backyard runoff from the proposed house pads, the runoff into them will be minimal and outlets will not be required. The two landlocked low areas are located in the backyards of Lots 1, 2 and 3 and Lots 5, 6, 8, and 10, all in Block 2. The developer stated the unusual design of the addition was to save as many trees as possible. He asked the Commission to grant approval of his request. John Overson, stated he did not want additional assessment on the north property. He stated he did not want a road to run up to nis property as it would interfere with his farming. He urged the Commission to deny the request. Ed Devlin, 355 Trails End, stated he would like more information as to what type of development would be developed. Brad Swenson stated that the loss of the two lots would be costly to the developers. He stated Engstrom was a quality builder. He stated the area was adjacent to high quality homes. Mr. Devlin asked what type of assessments would be assessed against the adjoining property. Mike Foertsch stated there are no foreseen assessments at this time. Chairman Pawlenty asked if a common driveway could be used in regard to the stovepipe lots. Brad Swenson stated it would be a big problem tor the builders. Member Wilkins asked if Huttner haa purchased the west property. She was informed he had not. Wilkins haa concerns regaraing the outlot on the Woodlands Addition. Mr. Merkley questionea the future development of the future road connection. Mr. Graves asked if the road could be prevented from extending to the adjoining property. Mr. Sturm stated it is policy to require the full extension. Mr. Voracek asked if a barrier could be constructed. Mr. Sturm said there would be a problem with the easement. t(Q9 Page 20/PLANNING COMMISSION MEETING MINUTES July 26, 1988 Mr. Graves asked for a report on the status or Wescott Hills Drive. Mr. Sturm stated it would be a future connection and no action was necessary at the present meeting. Trygg moved, Voracek seconded, the motion to close the public hearing and approve the re -zoning of 10.53 a (agricultural) acres to an R-1 (single family) district. All voted in favor. Trygg moved, Voracek seconded, the motion to approve the preliminary plat for Suncrest Addition consisting of 16 lots located north of Sunwood Trail and south of Birch Street in the southeast quarter of Section 14, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987, shall be complied with: B-1, B-2, B-3, B-4, C-1, C-2, C-3, C-5, D-1, E-1, F-1, and G-1. 2. The developer shall note the proximity of the Williams Brothers pipeline easement in the purchase agreement for each lot abutting it. 3. A variance for stovepipe lot widths shall be approved (lots 3, 4, 5, and 6, Block 2) . 4. Outlot A shall be included with The Woodlands 2nd Addition or the lot line between lots 4 and 5 shall be extended to the eastern property lone. 5. Lot 5, block 1, and lots 9, 10, and 11, block 2 shall be final platted as an outlot. 6. Development is required to submit detail plans of the proposed retaining wall construction for staff review and approval prior to issuance of a grading permit and/or final plat approval. 7. Development is required to provide an 8 cfs storm sewer outlet to the northerly adjacent property. 8. Development is required to extend sanitary sewer service ana water main service to the northerly adjacent property. Trygg stated that City staff should address the concerns of John Overson regarding the road interfering with his farming. All voted in favor. WESCOTT SQUARE ADDITION - NEW HORIZON HOMES Chairman Pawlenty opened the next public hearing in regards to the application for a preliminary plat of 9.83 R-3 (townhouse) zoned CV) MEMO TO: HONORABLE MAYOR AND CITY COUNCIIMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 15, 1988 SUBJECT: ADDITIONAL INFORMATION FOR AUGUST 16, 1988 CITY COUNCIL MEETING DEPARTMENT HEAD BUSINESS B. Police Department --The Eagan Police Explorers returned from the National Law Enforcement Explorer Conference in mid-July and announced their first place award in the area of crime prevention. Police Officer Doug Matteson, who is the advisor and responsible for the Explorer program for our Police Department, attended the law enforcement exploring conference with our Explorers and would like to present the trophy at the City Council meeting tomorrow evening. Please refer to the attached memo referenced as page 3A that addresses both the award and Explorers program. NEW BUSINESS A. GO and Special Assessment Bond Sale Date --At the organizational meeting in January, the second City Council meeting in September was changed from September 20 to September 19 to observe the start of Yom Kippur. The bond sale date as discussed on page 74 in the packet should be changed to September 19. /S/ Thomas L. Hedges City Administrator police department JAY M.BERTHE Chief of Police PATRICK J. GEAGAN Administrative Captain city of eagan KENNETH D. N Operations Captch Captain 3830 Pilot Knob Road Eagan, Minnesota 55122 Phone: (612) 454-3900 August 10, 1988 TO: TOM HEDGES FROM: DOUG MATTESON SUBJECT: EXPLORER RECOGNITION VIC ELLISON Mayor THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk As you are aware, the Eagan Police Explorers returned from the National Law Enforcement Exploring Conference held at Boston University July 11-16. I am pleased to announce the four Explorers from Eagan received a first place award in the area of crime prevention. Our Explorers competed against 3300 other youth from across the nation, in events ranging from Domestic Crisis Intervention to Bomb Threat Response. Because only eight first place trophies were awarded at the conference, I feel that the delegation from our post should be recognized before our Mayor and City Council allowing these Explorers the opportunity to "show off" their trophy. The Police Department began the Exploring Program two years ago, and since, the Explorers have donated over 3000 hours to the city, patroling the parks system during the evenings and weekends, and also spending countless hours assisting the Police Department in non -enforcement areas. Many of these Explorers are attending college or plan to be attending, most looking toward a Law Enforcement career. I feel that the program the Eagan Police Department sponsors prepares and assists the Explorers to enter the competitive field of Law Enforcement. Please feel free to contact me at work or home with any qu etions . Officer Doug Matteson DM/lb THE LONE OAK TREE. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3� MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 12, 1988 SUBJECT: INFORMATIVE DONATION OF FLAG POLES As the City Council recalls, Dick Hanson from Lexington Standard Corporation has donated flagpoles for the Public Works Central Maintenance Facility and Fire Stations #4 and #5. The flagpoles are up at both the Public Works 4cility and Fire Station #4 and look great. Attached on page (7 is a copy of a letter sent to Mr. Hanson expressing our appreciation. Mr. Hanson has contacted me and sent a letter expressing a desire to remain anonymous and, therefore, would sooner not attend a Council meeting in the future. We are planning to send nice photos of the flagpoles to Mr. Hanson so he can display them within his organization. CITY OF CANNON FALLS Attached on page 1?J is a letter from the City Clerk/Treasurer of the City of Cannon Falls regarding the Dakota Electric Economic Development rate proposal. If the City Council desires a resolution or correspondence, please direct the City Administrator at the August 16 Council meeting. MLC Progress is being made regarding the constitutional challenge of the disparity aid section of the 1988 Omnibus Tax Bill. The City Administrator will keep the City Council posted of any further development on that law suit. FIRE DEPARTMENT / Enclosed on page tX0 is a copy of a letter sent by Marsha Frank, 1735 Hickory Hill to our Eagan Fire Department. The neighbors of the Frank's lost approximately 60% of their house in a recent fire that was responded to and extinguished by our Fire Department. PROTECTIVE INSPECTIONS MONTHLY REPORT Enclosed on pages i ? 7 through 14 0 is a copy of the July Protective Inspections report. METROPOLITAN COUNCIL POPULATION ESTIMATE Enclosed on pages_4(_through is a copy of the Metropolitan Council preliminary April 1, 1988, population and household estimates for the City of Eagan. Keep in mind that statistical data for calculating population and household estimates were gathered during the fall of 1987. Therefore, the data used for this calculation is already 8 - 10 months old. Also, population is determined on a household average of the entire metropolitan area. The City of Eagan's household average is definitely higher in the metropolitan household average and, therefore, the population number is again distorted by the number of children who reside in our community. LEAGUE OF MINNESOTA CITIES REGIONAL MEETING The League of Minnesota Cities Regional Meeting is scheduled for Monday, September 12 at Robert Lee'est ur t in the City of New Brighton. Enclosed on page(s) Lt ( is a copy of the official notice. If anymember of t CityCouncil would like to attend, please indicate at the next Council meeting and arrangements will be made. CHAMBER OF COMMERCE/TWINS SUPPORT Enclosed on page IACe is a letter that was sent to the Minnesota Twins organization by the President of the Eagan Chamber and the Northern Dakota County Chambers of Commerce emphasizing support for the relocation of the Minnesota Twins to our community. NORTH CENTRAL CABLE CORRESPONDENCE Enclosed on page L9 7 and ( is a copy of a letter from John Eddy and his attachment which is a letter to the St. Paul Pioneer Press Dispatch regarding the public access issue. AFFIRMATIVE ACTION PLAN/CITY OF EAGAN Like many municipalities, the City of Eagan does not have a certified affirmative action plan. Administrative Assistant has prepared a memo that summarizes the need, purpose and action to be taken by the City of Eagan regardi a preparation of such a plan. That memo is enclosed on pages through AMM UPDATE Enclosed on page(s) t3 — ( is a memorandum from the Association of Metropolitan Municipalities providing an update on a variety of metro issues. Specifically, the Board is soliciting recommendations for the Transportation Advisory Board (TAB) and nominations to replace John Walker, who has resigned as a member of the AMM Board. If the Council wishes to recommend or nominate anyone for these positions, or if any Councilmember wishes to be considered for one of these positions, staff will prepare the appropriate correspondence on behalf of the Council. In addition, the update includes items on the disparity aid lawsuit and major discussion issues before the AMM for the coming 77- legislative session. DAKOTA COUNTY LANDFILL SURCHARGE INCREASE Enclosed on page(s) r'���- you will find a memorandum from Administrative Assis ant Hohenstein covering a proposed ordinance increasing the Dakota County Landfill surcharge from $.25 to $2.62 per cubic yard or, roughly, $8 per ton. The purpose of this increase is to raise revenue for landfill abatement activities including County support for local recycling activities. It is inevitable that this cost increase will be passed on to Eagan businesses and residents and will tend to create pressure for volume based fees and recycling alternatives to keep disposal costs as low as possible. MONTHLY FIRE DEPARTMENT REPORTS Enclosed on page(s)are the monthly Fire Department reports for April, May, and June 1988. HRA STATUS REPORT FOR ASSISTED HOUSING & COMMUNITY DEVELOPMENT Enclosed on page (sk}-Q o _2 ' 0 is a copy of the Dakota County HRA status report for assisted housing and community development programs for Dakota County and the City of Eagan. TREE SWING SPECIFICATIONS My father-in-law obtained a copy of a tree swing specif'cation he thought we might all enjoy. Please reference page 0 . /s/ Thomas L. Hedges City Administrator 11 3 city OF cagcin 3830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN, MINNESOTA 55121 PHONE (612) 454-8100 AUGUST 1, 1988 MR. RICHARD HANSON, PRESIDENT LEXINGTON STANDARD CORP. 1243 EAGAN INDUSTRIAL ROAD EAGAN, MN. 55123 RE: Letter of Appreciation - Donation of Flagpoles Dear Mr. Hanson: VIC ELLISON Mayor THOMAS EGAN DAVID K. GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE Cy Clerk Due to the exceptional rate of growth experienced by the City of Eagan, several public buildings had to be constructed to provide service to our community. With the recent completion of the Public Works Central Maintenance facility and Fire Station #4 and the pending completion of Fire Station #5, considerable effort was put forth by the City to make these facilities architecturally complimentary to the community. However, with the City's frugal budget allocations for these facilities, often times we cannot provide the amenities with construction which really helps to identify these facilities as public buildings. Your recognition of the City's constraints and your desire to provide a community service through the donation of 5 flagpoles and flags for these facilities is highly commendable and very much appreciated by the City of Eagan. As a small token of our appreciation, we would like to present you with a commemorative momento at a future Council meeting demonstrating what your generosity has done for the appearance of our facilities which has helped to instill a sense of pride in our community by both the employees and citizens of Eagan. I will contact you in the near future to discuss a time that would be convenient for you. Please accept my heartfelt appreciation for your generosity and community involvement. Thank you for being such a good corporate citizen of Eagan. Sincerely, GHQ Thomas L. Hedges, Cit Administrator cc: Vic Ellison, Mayor Thomas A. Egan, Council Member Pamela McCrea, Council Member TAC/TLH/jf David Gustafson, Council Member Theodore Wachter, Council Member Thomas A. Colbert, Director of Public Works THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY CITY OF CANNON FALLS GOODHUECOUNTY 306 W. MILL STREET CANNON FALLS, MINNESOTA 55009 Phone (507) 263-3954 July 28, 1988 Tom Hedges City Administrator 3830 Pilot Knob Road Eagan, MN 55122 Re: Dakota Electric Economic Development Rate Proposal Dear Mr. Hedges: As you may know, Dakota Electric has recently filed a rate proposal with the Minnesota Public Utilities Commission. This proposal would provide an incentive rate for new industrial users of over 100 kw per month. Dakota Electric has not previously been competitive in its electric rates and this new rate will go a long way to put our communities on par with others served by NSP. I urge you to write to the Minnesota Public Utilities Commission to support this rate filing. The future development potential of our communities will be enhanced greatly by this new energy rate. Approval by the Public Utilities Commission is not a certainty. So, please take the time to express your community's support. Thank you. Very truly yours, n Lr' Dallas Larson City Clerk/Treasurer DL/kmh Please write to: Mary Ellen Hennen, Executive Secretary Minnesota Public Utilities Commission 790 American Center Building St. Paul, MN 55101 ins r(Aile/ft--t4/7-124,e,di,-e4-1,,c-az-e,?"4 /t.Le' 7/Le +-exc, „2_,Zz77‘,772i,d7c, _ iirrtyd-a/.1.6616gievez_et-,, -tit,(%/_„./t/,/a";11‘4(4/ (9 //Ice # yeAi //i4-64.3 y6A- zvet,_1-77 „2.,744,eztAct.-0, ZiA-6 7 35-Xaciee-5_ PROTECTIVE INSPECTIONS MONTHLY REPORT - JULY 1988 NUMBER OF PERMITS ISSUED THIS MONTH YEAR-TO-DATE 193 965 Electrical Plumbing HVAC 101 580 154 788 Water Softener Signs Well, Cesspool, Septic Tank D 13 67 14 91 1 5 NATURE OF BUILDING PERMITS ISSUED MONTHLY TYPE VVl-11l/ 3 1SJ S1✓✓J-S 'J a. INDUSTRIAL NO. VALUATION PERMIT FEE PLAN REV FEE TOTAL FEE6 10 FOUNDATION 0 1 $ 1$ 41.00 $ $ 41.0C. 416 SINGLE FAMILY 200,000 ' 57 . 5,685,000' 32,186.00 16,093.00 1 153,496.5C 24 DUPLEX j RES. ADDITIONS 2 126,0001 852.00, 426.00 2,166.0C 4,935.5C 34 TOWNHOUSE 45,200 484.001 0 � 223 MISCELLANEOUS 23 231,669 4' CONDO 1,860.5C 1 0 I 0 - 0 rLiPT RT MIS 2 HOUSE MOVES 0 I 0 AGRICULTURAL 0 14 COMMERCIAL 44 COMM/IND REMODEL 6 6,548,000 6 347,000 19,418.001 2,230.00 9,709.00 113,851.5C 1,074.00 3,477.5C 3 1 2 VVl-11l/ 3 1SJ S1✓✓J-S 'J a. INDUSTRIAL 0 I 0 0 INSTITUTIONAL 5 PUBLIC FACILITIES 2 1 200,000 1 100.00 8 RES. GARAGES 1 8,000 90.001 95.00 41 RES. ADDITIONS 12 186,000 1,642.001 416.00 2,166.0C 27 SWIM POOL 5 1 45,200 484.001 122.00 629.5C 223 MISCELLANEOUS 23 231,669 1,740.001 1,860.5C 1 DEMOLISH 0 - 2 HOUSE MOVES 0 I 858 MO. TOTALS 115 13,376,869 58,683.00 27,840.00 ` 280,653.5( - 1 ADJUSTMENTS Add-on Epp + 16.001 + 16.5( 857 YEAR-TO-DATE 68,488,536 347,594.001 166,031.50 1,642,086.1( PROTECTIVE INSPECTIONS - MONTHLY REPORT DATE JULY 1988 MULTI -FAMILY BREAKDOWN TYPE MO. # OF PERMITS MO. # OF BUILDINGS YTD # OF BUILDINGS MO. # OF UNITS YTD. # OF UNITS r # OF PERMITS VOIDED # OF UNITS MOVED IN DUPLEX 2 1 12 2 24 3 -PLEB 1 3 4 -PLEB 5 -PLEB 10 40 6-PLFY 2 12 7 -PLEB 8-PLEX 1 10-PLEX 12-PLEX 16-PLEX , APT. BLDG. 1 OTHER y TOTAL: j 2 1 25 2 1 79 BLDG. 1 PERMIT # 1 1 1 1 15291 1 15299 PROTECTIVE INSPECTIONS MONTHLY REPORT COMMERCIAL/INDUSTRIAL & INSTITUTIONAL BREAKDOWNS DATE JULY 1988 ADDRESS & LEGAL 2000 CLIFF LAKE RD L3, B1, CLIFF LAKE CTR 4185 BRADDOCK TRAIL L1, Bl, EAGAN H.S. ADD. 1 1 1 1 DAYTON HUDSON 1 1 IND. SCH. DIST 19f1 OWNER 1 1 1 1 $ 1 VALUATION 2,500,000 2,447,000 1 1 OCCUP. 1 'COMM NEW 1 1 COMM NEW I 2105 CLIFF ROAD 1 15328 1 L1,B1, CED CLIFF COMM PK 41 M. AUSTIN SMITH 15358 15378 15394 15309 • 1440 DUCKWOOD DR 1 L1, BI, PONDV1EW 1 1 1 1 1 1 4565 SCOTT TRAIL L1, BI, CED CLIFF COMM PK 1325 TOWN CENTRE DR L1, B1, TOWN CTR 70 9TH 4425 PILOT KNOB RD L1, B 77, SECT. 28 1 1 1 674,000 'COMM NEW / EAGAN MEDICAL 1 BLDG PARTNERSHIP 1 NEW HORIZON 3 CHILD CARE 1 1 PIZZA HUT INC 1 CITY OF EAGAN 1 1 1 1 1 1 1 1 1 470,000 •COMM NEW 1 257,000 'COMM NEW 1 200,000 'COMM NEW 1 180,000 'PUB. FAC. 15310 15300 15347 15346 • 3501 LEXINGTON AVE L1, B2, SECT. 15 1 • CITY OF EAGAN • 1 1 20,000 •PUB. FAC. 1 1030 LONE OAK RD 1 L10 -13,B5, EAG CTR PK #3 1 1230 EAGAN IND RD • L1 -4,B3, EAGN CTR PK ##1 1 1301 CORPORATE CTR DR /NW MUTUAL LIFE 1 L1,B3, EAGANDALE OFC PK #11 1 1 OPUS CORP 1 • NW MUTUAL LIFE 1 1 1 1 1 1 1 108,000 TINT. IMPR. 1 80,000 'INT. IMPR. 1 76,000 •1NT. IMPR. 1 1230 EAGAN IND Road 1 1 15311 • L1 -4,B3, EAG CTR IND PK ##11 NW MUTUAL LIFE 1 1 58,000 'INT. IMPR. 15324 1 3376 COACHMAN ROAD 1 L2, B1, BBD 2ND 1 1 1 BBD INVESTMENTS 1 1 18,000 LINT. IMPR. 15348 1 1230 EAGAN IND. RD 1 1 L1-4, B3, EAG CTR IND PK 11 NW MUTUAL LIFE 1 1 1 1 1 1 1 1 1 7,000 •INT. IMPR. 1 1 1 I 1 $ 1 1 • 1 1 1 1 t 1 1 1 1 1 1 1 I 1' 1 1 I 1 1 $ 1 1 1 1 1 I I 1 1 1 1 1 • 1 1 $ 1 $ / 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 $ 1 1 1 l 11 PROTECTIVE INSPECTIONS MONTHLY REPORT - JULY 1987 IUMBER OF PERMITS ISSUED THIS MONTH YEAR-TO-DATE 159 s 1,203 :lectrical ' lumbing IVAC 90 726 116 870 later Softener ;igns 1e11, Cesspool, Septic Tank 2 77 10 81. 4 7 NATURE OF BUILDING PERMITS ISSUED MONTHLY 11L TYPE NO. VALUATION PERMIT FEE PLAN REV FEE TOTAL FES 10 FOUNDATION 7 $ $ 105.00 $ ' 105.00 423 SINGLE FAMILY 69 6,570,850 33,277.50 16,638.50 170,640.50 40 DUPLEX 6 349,000 2,142.50 1,071.25 13,600.25 84 TOWNHOUSE 5 303,000 1,828.00 914.00 11,403.50 CONDO APT BLDGS 0 AGRICULTURAL 24 COMMERCIAL 5 2,588,000 8,206.68 4,103.25 62,523.43 71COMM/IND REMODEL 12 452,600 2,715.80 1,155.90 4,098.70 COMM/IND ADDITION 1 17,500 149.50 74.75 233.25 0 INDUSTRIAL 0 INSTITUTIONAL 1 PUBLIC FACILITIES 28 RES. GARAGES 5 28,150 327.00 342.00 24 RES. ADDITIONS ' 4 65,400 548.80 241.65 823.45 14 SWIM POOL 4 35,900 346.00 364.00 188 MISCELLANEOUS 34 125,193 1,608.50 161.25 1,868.25 2 DEMOLISH 1 HOUSE MOVES -,1 ADJUSTMENTS 921 TOTALS 152 10,535,593 51,255.28 24,360.55 266,002.33 YEAR-TO-DATE 91,023,312 385,534.13 186,133.15 2,115,470.78 iII METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, MN. 55101 612 291-6359 July 22, 1988 To: Local Government Contact People The Metropolitan Council staff has prepared preliminary April 1, 1988 population and household estimates for your community. These preliminary estimates, together with a fact sheet containing the primary data used to prepare your community's estimates, are enclosed. The Council would like to hear your comments or concerns before finalizing the estimates for the State Department of Revenue. The change in estimated population or number of households is a part of the formula used to determine levy limits applicable in 1988 for counties and for cities of 5,000 or more population. The Council also uses the numbers to monitor population and household changes in Metropolitan Area communities. Please address questions concerning the levy limits and local government aids to Rich Gardner, Minnesota Department of Revenue, 296-2286. We'd like to finalize these estimates by August 15, 1988. To do this we need your comments as soon as possible. If you have concerns about the estimates, please contact Kathy Johnson of the Council's staff at 291-6332 as soon as possible. We will make every attempt to work with you to make any necessary adjustments in time to be incorporated in the Revenue Department's calculations. Written comments may also be directed to Ms. Johnson at the Council's new mailing address. Because the population and household estimates are of great iipert`noe to the cities, as well as to the Council in its planning work, we want to provide estimates that are not only accurate but treat each city fairly and consistently. If you have any questions or concerns, please do not hesitate to call. Thank you for your prompt attention to this matter. Sincerely, Steve Keefe Chair SK/ do Enclosures k�- l81 METROPOLITAN COUNCIL PROVISIONAL POPULATION ESTIMATE - APRIL 1, 1988 City or Township EC n 1988 Housing Units Estimated Total Housing (Including Estimate 1980 Uncompleted Estimated Estimated By Type Housing Units 1987 Permits) Completed Occupied/ Single-Family 1 UI 3 1 o 0 0 I 1 6` SI b 7 Townhouse ' O �cO ' W S� multifamily16S- � SI Z I °t X13 �{ Mobile Home ' 0 3 TOTAL 12D �o L11 -1 ( -too 15-5-iI Household Estimates 1980 Household Estimate 1987 Household Estimate 1988 Household Estimate Population Estimates 1980 Total Population 1980 Group Quarters Population 1988 Group Quarters Population 1988 Population in Households 1988 Population Estimate Persons Per Household 1980 Persons per Household 1987 Persons per Household 1988 Persons per Household 'All numbers are as of April 1 of each year. 3`1 5751 L( 20100 (0. 9ct `( 2 SSS 3tog\ �8 i DAKOTA COUNTY Apple Valley Burnsville Castle Rock Twp. Coates Douglas Twp. Eagan Empire Twp. Eureka Twp. Farmington Greenvale Twp. Hampton Hampton Twp. Hastings (Pt.) Inver Grove Heights Lakeville Lilydale Marshan Twp. Mendota Mendota Heights Miesville New Trier Nininger Twp. Northfield (Pt.) Randolph Randolph Twp. Ravenna Twp. Rosemount Sciota Twp. South St. Paul Sunfish Lake Vermillion Vermillion Twp. Waterford Twp. West St. Paul COUNTY TOTAL APRIL 1, 1988 POPULATION i.ND HOUSEHOLDS ESTIMATES Population April 1, April 1, 1980 1988 Census Estimate Households April 1, April 1, 1980 1988 Estimate Estimate 21,818 31,674 6,376 10,320 35,674 46,687 12,080 17,662 1,340 1,503 395 468 207 192 65 65 614 623 164 179 20,700 42,556 6,824 15,594 1,224 1,370 360 416 1,268 1,375 373 420 4,370 5,350 1,511 1,882 641 675 187 202 299 322 101 111 848 964 223 263 12,811 14,481 4,197 5,138 17,171 21,477 5,551 7,575 14,790 20,500 4,337 6,827 417 649 222 319 1,655 1,595 431 425 219 219 80 85 7,288 8,680 2,210 3,056 179 179 49 52 115 115 31 33 774 851 201 230 13 20 3 5 351 356 110 117 385 425 118 133 1,683 1,936 433 524 5,083 7,420 1,456 2,358 242 276 75 82 21,235 20,361 7,748 8,042 344 379 107 131 438 559 123 169 1,070 1,229 281 334 486 502 164 181 18,527 18,591 7,501 8,374 194,279 254,091 64,087 91,772 righton ,$) (4) (sp • r - Dear City Official: extend to you a c.,..)rdial in%ii.:ation to teo Minnesota Citie5; Regional MeoLing hc_.st,7.J. by tne City of t:ew Brightol: on Monday, Septemb:::r 12, 1988, at _Rbse,11.t (Hwy 694 2 & Silver take Road). 0 The aft.srnoon program, 1-,e.7,incilng tati:.,n en personnel issues :i,:ch iS hiring, ftirnp, and deve,loping an affirrnatdve ctie' proq;:am- P.M. iJy:xe will be two separae rr,undtables c.cuEis the aspect; of Minnesota s u7= syst:,1 is 137egressing with its comparabl,- wortn From 5:00 - 5:30, CMC will p.c.,.:‘vid ,,itn a Z slide presentation on tno 'State of tiieCi. . jAoluae uJ latest informtien about ti:le :tati;;,; ,:j_nn- ota suc as ti:ends in spending, pzope7:ty sonal contact your le-.L7islators can discuss these critical issues attrC We will be serving dinner at 6.1F 12.1't.: A.11 focus on legislativF! issues of ,Illicrtatoc 0 00 City efficials will be asked ir,put: for of the LeagtiCs 1989 City Policies ind P;:i;Drities fo..c Au - 0 tien. To round cut the program, w wi1. te bearAn7 from the Legislators and Lec,islative Candidates. To make reservations for your ancLa--; 3 req.istl:at.Ln form as soon as in :ase canradr.-Jns, plz::3a notify Pat LindTlist “513-3), by Thursday, Your citv. will be billeq frr tl-se 0 eancel by aEorementione6 :)'1y 27, 1925 SincJ2rely, CITY OF 1.4EW;i GFTCN 1/ . ex' 1 • • ,•;,,.• ,•;.• R(..,brt J.Eeukla LEAGUE OF MINNESOTA CITIES REGIONAL MEETING Monday, September 12, 1988 Registration Form We will have city officials attending the Regional Meeting in New Brighton. We agree to pay for the meals unless we notify you of any changes by Thursday, September 8, 1988. Names/Titles of persons attending: Person making reservation: City: Phone: Number of attendees x $12.00 = $ (enclosed) Please make checks payable to City of New Brighton, and return with your registration form to: Pat Lindquist CITY OF NEW BRIGHTON 803 - 5th Avenue NW New Brighton, MN 55112 145 MENDOTA HEIGHTS EAGAN WEST ST. PAUL ROSEMOUNT F -1l July 27, 1988 NORTHERN DAKOTA,COUNTY CHAMBERS OF COMMERCE 1301 Corporate Center Drive #116 Eagan, Minnesota 55121 612-452-9872 Serving Eagan Chamber of Commerce Mendota Heights Chamber of Commerce Rosemount Chamber of Commerce West St. Paul Chamber of Commerce and the Cities of Lilydale, Mendota and Sunfish Lake Mr. Jerry Bell, President Minnesota Twins The Metrodome 501 Chicago Avenue South Minneapolis, Minnesota 55415 Dear Jerry: The Eagan Chamber of Commerce, a division of the Northern Dakota County Chambers of Commerce, would like to extend an offer of help and support in your campaign to bring the World Champion 'Twins to Lagan. Whip• we realize that your preference would be to stay at your pre- sent location under ideal conditions, we want you to know that we would consider- it an extreme honor to have you seriously consider our city as an attractive alternative. We pledge our support in these efforts and ask that you call upon us whenever and wherever we can he of assistance. Congratulations on a fine season and "Let the Rally Continue". Sincerely, Kirk Duholnl, President Norman Storbakken, President Pagan Chamber of Commerce NDC Chambers of Commerce I),Ini&1 A. Aber}'. 1.1xccutive Director 1)AA:db cc: Tom Hedges \qL North Central Cable Communications Corporation•934 Woodhill Drive•Roseville, MN 55113•(612) 483-3233 July 26, 1988 Mr. Thomas Hedges Burnsville/Eagan Cable Commission 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: We are enclosing for your information, Cable TV North Cent'ral's response to statements made by the Chairman of the North Suburban Cable Commission, in an article which appeared in the July 20th issue of the St. Paul Pioneer Press Dispatch. John R. Eddy Chief Operating Officer JRE/grs Enclosure North Central Cable Communications Corporation•934 Woodhill Drive•Roseville, MN 55113•(612) 483-3233 July 26, 1988 St. Paul Pioneer Press Dispatch 345 Cedar Street St. Paul, MN 55101 To The Editor: An article in the July 20, 1988 issue of the St. Paul Pioneer Press Dispatch entitled, "Cable Firm Asks Cities To Run Public Access", quotes Dr. Ronald C. Eggert, Chairman of the North Suburban Cable Commission, as follows: 'They're Tying; they're just trying to usurp us," said Ron Eggert, Chairman of the North Suburban Cable Commission, referring to the company's reported costs. He said the company repeatedly has failed to produce itemized accounts. As a result, the North Suburban Commission plans to conduct its own audit. We regret, that the Chairman of the Commission has chosen to use this type of false and inflammatory rhetoric as a way to avoid dealing with the substance of a cable television consumer issue, which has been before the North Suburban Cable Commission for over two years. The issue is that Cable TV North Central is being required by the Commission to incur a cost of $4.34 per month per subscriber for public access and local origination programming, on cable channels 33 and 52, plus, $.41 per subscriber, per month for excessive insurance company security bonds. Anyone who visits our Public Access facilities knows that they are objectively over -staffed, underutilized and grossly inefficient. We can provide this service for much less than we are presently required to spend. Because of this officially imposed inefficiency, our costs for these functions are the highest of any cable system in the United States, and it follows that although cable subscribers receive absolutely no offsetting benefit, their rates must be expected to be unnecessarily higher than elsewhere. We are seeking only to eliminate this inefficiency, to bring bonding to a reasonable level and thus, to reduce pressure on the rates our subscribers must be asked to pay. This would not reduce the public access and local origination service on cable channels 33 and 52. Everybody would win. We do not understand the Commission's objectives in forcing the Company to be inefficient and to waste the money of its subscribers. Never once, have we been able to discuss this matter with Chairman Eggert or the Commission in a calm and reasoned manner. '9) Ltr./Editor July 26, 1988 Page Two Over the two-year period that our request has been before the Commission, we have furnished the Commission with each and every report or account requested of us. Our books and records are completely open to the Commission. Recently, Chairman Eggert, made an appointment to meet with Mr. Hauser, Chairman of Cable TV North Central. Hours before the meeting, Chairman Eggert discourteously advised our staff that he refused to meet with Mr. Hauser. Mr. Hauser telephoned the office of Chairman Eggert, but Chairman Eggert refused to take the call and has never had the courtesy to return it. Meetings of Chairman Eggert's Commission are well known for their needlessly hostile atmosphere, which seems to preclude any substantive consideration of our request. Representatives of Cable TV North Central do not feel welcome or comfortable at these inhospitable meetings which, to date, have failed to address the inefficiency and waste of money. As an example, our attorney was recently prevented by Chairman Eggert from speaking at a public meeting of the Commission. Chairman Eggert actually summoned police officers and threatened him with arrest, although under Minnesota law he had an absolute right to speak. Because Commission meetings are videotaped, the record is available for inspection by any interested party. We are seeking to cooperate with the Commission in everyway possible to assure the best cable service for the community at the lowest possible price. We urge Chairman Eggert to fulfill his duties as an appointed official by addressing this matter in an objective, timely and courteous manner. The Commission owes nothing less to the 14,600 North Suburban cable subscribers, who must ultimately bear the burden of continued waste and inefficiency. Sincerely, hn R. Ed hief Oper JRE/grs g Officer l�� MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT DUFFY DATE: JULY 28, 1988 SUBJECT: AFFIRMATIVE ACTION PLAN/CITY OF EAGAN Per your request, I am writing this memo to attempt to summarize the events of the last two weeks relating to the subject of Affirmative Action Plans in general as required by the state and specifically to the subject of an Affirmative Action Plan for the City of Eagan. Approximately two weeks ago, the City received a notice from the League of Minnesota Cities regarding recent state agency actions which affect cities. Included in the middle of that notice was a reference indicating that the State Commissioner of Human Rights, Stephen Cooper, had stated that all local governments must have a state certified Affirmative Action Program in place by August 1, 1988 and that failure to have a certified plan in place could mean the loss of all state aids for a municipality. I immediately contacted the League to attempt to discover (1) On which state law this requirement was based, and (2) Why we had not been informed sooner of this requirement. The League explained the history of the situation as follows: 1. During the 1988 legislative session, basically one word was changed in the State Human Rights Act. The state's contract compliance section provision requiring all "businesses" to have Affirmative Action Plans was changed to "person". By definition, cities, schools and counties are included in the word, "person". 2. The net effect of this change is that cities (etc.) that execute an agreement with the state to transfer funds for any reason if the funds are for more than $50,000 and the city (etc.) has more than 20 full-time employees at any time during the previous 12 months are required to have a state certified Affirmative Action Plan by August 1, 1988. 3. Amazingly, none of the lobbyists representing cities, counties and school districts caught the significance of the change in wording. This change and its consequences were not even discussed by the legislature. 4. What happened next is a little cloudier. But it appears that the Commissioner was questioned in late July regarding this change by an attorney and asked if it meant that cities (etc.) had to have Affirmative 1°•\,0 Action Plans in place by August 1, 1988 in order to receive any kind of state funding in excess of $50,000. We do not know if the Commissioner had realized the significance of the change before this time, but he answered yes to the question. The attorney proceeded to write a letter to all city attorneys informing them of the commissioner's statement (and also informing them that the attorney was experienced in and willing to prepare Affirmative Action plans for cities which did not have them). 5. Many cities so notified then contacted the League which began investigating the situation. After informing you of the above information, I began collecting materials necessary to develop the required Affirmative Action plan for the City of Eagan. I am now writing the first draft of such a plan. In addition, a week ago, I attended a personnel directors' meeting at which Joel Jamnik from the League was present. Needless to say, the main topic of conversation was Affirmative Action. Jamnik stated that the League was requesting clarification from the Director of Human Rights regarding several points, but that the League was advising that all cities affected by the legislation make a good faith effort to comply to the provision. He stated that the Director was very firm in his stand to enforce the legislation. I have personally contacted the State Human Rights Department and have received an extension from the August 1 deadline. That extension is to September 15, 1988. I expect to have the draft of the Affirmative Action plan finished by the end of next week. It will then be available for review/revision by the department heads and City Council. The City is already an Equal Employment Opportunity employer. Therefore, we are already practicing the spirit of the Affirmative Action Plan with regards to personnel and hiring matters, including publishing EEO statements in newsletters and in hiring printed matter. The plan will require formal paperwork and tracking regarding EEO/AA in personnel matters. However, Affirmative Action does not only affect personnel. It also encompasses any programs put on by the City, such as recreation programs; any appointments made by the City to commissions and committees; any contracts entered into by the City; and, indeed, all vendors utilized by the City. All departments in the City will be affected by the plan and it will require additional procedures to be performed by most of them. Yesterday, we received a further communication from the League which stated: "The full scope of the legislation is still unclear. In two letters the League has specifically asked for an interpretation by Commissioner Cooper regarding applicability of this statute to Local Government Aid and other transfer payments such as state aid for highways and indicated the League's interpretation that the law applies only to contracts, grants, and other transfers that require the execution of written agreements. To this date, Commissioner Cooper has not responded to the League's request for a formal interpretation and without further clarification from the Department of Human Rights, the League- can only advise cities that the safest course to follow would be to attempt to receive contract compliance certification as soon as possible. To this end, Commissioner Cooper has indicated that communities which contact his office by August 15, 1988, and begin the process of obtaining certification, will not be disqualified from receiving state contracts and grants as long as they are continuing to make progress toward certification. In short, contact the compliance certificate division as soon as practical and keep in contact with them as your policy development progresses." The Affirmative Action Plan for the City of Eagan is an important document. After the draft is completed, it should be reviewed by all concerned. However, the State Human Rights Department has compiled a set of guidelines (requirements) which must be included in any affirmative action plan in order to receive certification from the State. In speaking with a compliance officer, I was informed that the State "did not encourage any originality" in preparing the plans and wanted their guidelines followed as presented. I will forward the draft to you as soon as it is completed. If you require any additional information in the meantime, please contact me. /uL Administrative Assistant assoc!ation of metr000Rtan municipalities August 5, 1988 TO: MEMBER MAYORS,, DELEGATES AND MANAGERS/ADMINISTRATORS FROM: VERN PETERSO ` �4ECUTIVE DIRECTOR ROGER PETERS ,. DIRECTOR OF LEGISLATIVE AFFAIRS RE: AMM AND METROPOLITAN ACTIVITIES OF IMPORTANCE 1. TRANSPORTATION ADVISORY BOARD (TAB) NOMINATIONS: Ten positions on the Transportation Advisory Board are reserved for municipal elected officials. (The TAB By -Laws specify that the AMM has the responsibility for nominating these officials). It is a two year term and the new terms will commence October 1, 1988. The AMM Board will be making these nominations at its September Board meeting. The TAB is a very important body and provides general transportation advice and counsel to the Metropolitan Council, Regional Transportation Board and the Minnesota Department of Transportation, etc. One of its most important functions is to annually determine the FAU project funding priorities. The TAB normally meets the third Wednesday afternoon of each month in the Metropolitan Council Chambers. RECOMMENDATIONS WANTED: The AMM Board is soliciting recommendations for these positions via this Bulletin. Recommendations must be in writing and should be submitted to the AMM Office, to the attention of Vern Peterson, by no later than Wednesday, August 24, 1988. 2. VACANCY ON AMM BOARD: Due to the resignation of John Walker, former Mayor of Newport, from the Board of Directors, there is a vacancy on the AMM Board. The AMM Board is responsible for the general management of the affairs of the Association and supervises the administration of the AMM office and affairs through the Executive Director. The Board meets the first Thursday night of each month at 7:00 P.M. in the AMM office at 183 University Ave., East., St. Paul. 183 university avenue east, st\aCA nesota 55101 (612) 227-4008 NOMINATIONS WANTED: The AMM Board is soliciting nominations via this Bulletin. Nominations should be in writing and should be submitted to the AMM Office by no later than Wednesday, August 24, 1988. The Board is likely to give preference to nominations from the East Side of the metro area to maintain geographical balance. 3. 1989 PROPOSED METROPOLITAN COUNCIL WORK PROGRAM AND BUDGET: The Metropolitan Council has scheduled a public hearing for 10:00 A.M. on Monday, September 12 to receive input on its' proposed 1989 Budget and Work Program. The AMM's Metropolitan Agencies Committee, Chaired by Kevin Frazell, Mendota Heights Administrator, will review an, assess that proposal and prepare a report for the AMM Board's consideration. The AMM Metro Agencies Committee will begin its review at a noon meeting in our offices on Thursday, August 11th. and Dave Renz, the Council's Executive Director and other Department Heads are expected to be present to brief the committee and answer questions. Your input and or attendance at this meeting is welcomed. The AMM is usually the only group or organization that reviews and offers comment to Council's yearly budget proposal and we feel it is an important public service for the residents of this region. 4. LAWSUIT ON DISPARITY AID FILED: The lawsuit challenging the constitutionability of the disparity aid element of he 1988 Omnibus Tax Act, has at last been filed. The plaintiff is a resident of Roseville and the suit was brought in Ramsey County District Court . It is expected that the suit will be transferred to the Tax Court in the near future. As was noted and explained in the last AMM Bulletin dated July 12th., the AMM Board of Directors is supporting this lawsuit which was initiated by the Municipal Legislative Commission. We will keep you posted as this legal challenge progresses through the Courts. 5. REVISED METROPOLITAN SIGNIFICANCE RULES READY FOR PUBLIC HEARING: The AMM through its Metropolitan Agencies Committee, as has been noted several times in recent Bulletins and Newsletters, has been engaged in a year long dialogue with the Metropolitan Council over the content of the revised rules. This effort will end in the near future as the Council will be holding a public hearing on the final draft of the 'Significnace Rules' in late September. We are happy to report that out of the 12 concerns/disagreements raised by the AMM Committee, 10 of them have been resolved to the AMM's satisfaction! We will continue to negotiate in hopes of resolving the remaining differences and the AMM Metropolitan Agencies Committee will hold its final meeting on this matter on Thursday noon, August 25th. Please do not hesitate to contact Vern Peterson (227-4008) should you have questions regarding this matter. 6. AMM OUTREACH BREAKFASTS - VERY SUCCESSFUL!! The third annual series of local official outreach breakfasts have just been completed. They were, by any measure, very successful. Eighty participants from 41 member and 3 non member cities attended the five regionally located meetings and provided a significant amount of issue oriented input. The meetings were very animated and did not lack for strong opinions on many items ranging from comparable worth to land use to truth in taxation. The input on policy is now being discussed and acted upon by the AMM policy committees which will continue to meet through September. Possibly, as beneficial to the AMM staff, Board, and attending officials as policy, is discussing AMM goals and how we as an organization can better communicate and be strengthened. Good suggestions for the legislative contact program and interaction with members was received and is being acted upon. We will continue to improve local official interaction with more opportunities for participation. 7. LEGISLATIVE CONTACT PROGRAM: The Board appointed Legislative Coordinating Committee is currently looking at results of last years contact program and discussing input from the Outreach Breakfasts. This promises to be an interesting and exciting year of evolutionary growth. Two primary areas of increased activity will be more in depth education for contact persons and an effort to have local officials and their legislators meet in small groups to concentrate lobbying a few of the extremely important AMM issues. Scheduling for these meetings will be targeted for November after election through December prior to convening of the legislature. A third new activity being investigated is a pre election survey of legislative candidates in key city issues. Based on last years results, it became clear that the coordinator intern must be on board earlier, therefore, a search will begin soon leading to a possible October start date. Finally, local officials are still very much interested in a 'score card' report of how their particular legislator voted on city issues. The committee will continue studying this item to determine an appropriate way to provide that information without incurring legislative backlash as has been feared in the past. The committee is developing a mission or program goal statement and compiling a list of possible activities that will help promote and understand the need for this effort with member local officials. 8. MAJOR DISCUSSION ISSUES FOR 1989-1990 COMPARBLE WORTH. One of the hottest topics for the policy committee in 1989 is standards for the implemention of pay equity. Disagreement as to the satisfactory range of pay and which employees should receive pay equity increases among legislators, state officials, and local plans are commanding significant attention. LAND USE RECODIFICATION. The Governors Task Force on State and Local relations proposed some major recodification and unification of land use control statutes in the last session. Within the legislation were controversary surrounding increased Planning Commission authority and changes in what constitutes a variance. The AMM interceded and helped cause a delay in action until 1989. TRUTH IN TAXATION. A new gimmick found in the 1988 Tax Law patterned after a Florida law is unworkable as passed. The Revenue Committee will review this issue and make recommendations to the membership on whether it should be opposed supported, modified to work ad/or pushed as a trade off for levy limits. Discussion to date has already centered on the advisability of cities opposing 'truthfulness'. This may be one of those issues where you are doomed if you do and doomed if you don't. TAX INCREMENT FINANCING. Last year was supposed to be the year of non controversial fixing for some minor problems. It turned into a donnybrook requiring a significant effort to stave off real inroads in TIF useability. Next year promises to be even more difficult since the authors in both houses have promised to look at TIF microscopically and to eliminate its 'many abuses'. PROPERTY TAX. This is a generic term that encompasses many subissues such as Levy Limits, Homestead Credit, Local Government Aids, Special Levies, etc. AMM committee members are faced with the task of determining if Homestead Credit as we know it or with an increased circuit breaker program must be preserved or can it be replaced by an 'aid' program? Levy Limits have become more restrictive regardless of the state revenue situation. How much longer can cities exist at current levels? Can trade offs be made for more public information an involvement? These and other revenue issues will be discussed at length. METRO OUTSTATE FUNDING SHIFTS. Recent years have seen an increasing imblance of state revenue collection (64% of total from metro area in 1986) to state aid and credit distribution (46% total to metro area in 1986). These percentages are widening at an ever increasing rate through school aid changes, Local aid program changes, the Greater Minnesota Corporation funding, etc. The AMM will be investigating policy to slow or reverse the increasing imbalance. AIRPORT. The need for an expanded or new airport and possible location of a new airport is going to be a major topic in the metropolitan areas in the next 1few years. The AMM has been requested by members to look into the issue . Given its magnitude and controversial nature, it probably, will not be solved this year but studies and discussion will begin. DISTRIBUTION NOTE: This Bulletin has been mailed to Mayors, Delegates and Managers/Administrators only. Please distribute to other officials in your city as you deem appropriate. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT HOHENSTEIN DATE: AUGUST 9, 1988 SUBJECT: DAKOTA COUNTY LANDFILL SURCHARGE INCREASE You recently forwarded the attached memorandum concerning the proposed increase in the Dakota County Landfill Surcharge Fee. I have returned it to you with a comment as it has some direct impacts on decisions the City may make regarding landfill abatement. The primary purpose for the surcharge is to raise money to support recycling and other landfill abatement programs in Dakota County. The ten fold increase will dramatically enhance the County's revenue position. As a direct result, however, it will force up individual hauling costs as haulers transfer their increased cost of doing business to the homeowner. While the incremental cost to the homeowner is anticipated to be slight, it does imply that Eagan homeowners will contribute to this fund with every ton of waste produced. Therefore, it behooves the City to take advantage of as much of the Dakota County landfill abatement money as soon as possible so that local homeowners are not subsidizing other programs rather than our own. This does not diminish my firm contention that the City needs to focus on a user fee structure to offset the costs of a recycling program and to financially reinforce the concept of waste abatement. I will share this information also with the Solid Waste Abatement Commission. If you have any questions concerning it, please let me know. Attachments JDH/jeh MEMORANDUM DAKOTA COUNTY PUBLIC HEALTH DEPARTMENT HUMAN SERVICES DIVISION DAKOTA COUNTY NORTHERN SERVICE CENTER 33 EAST WENTWORTH AVENUE WEST ST. PAUL, MN 55118 (612) 450-2608 DATE: July 29, 1988 TO: City/Township Officials, Solid Waste Haulers, Licensed Solid Waste Facilities, and Interested Parties FROM: Donna M. Anderson, Public Health Directortf SUBJECT: Proposed Amendments to Dakota County Ordinance No. 110, Solid Waste Management: Solid Waste Surcharge Fee The Dakota County Board of Commissioners has set a Public Hearing to receive comments on proposed amendments to County Ordinance No. 110, Solid Waste Management. These amendments would increase the solid waste surcharge fee imposed at each sanitary landfill in the County from 25 cents to $2.62 per cubic yard, effective September 1, 1988. The Hearing date, time, and place is: Tuesday, August 16, 1988 9:00 a.m. Board Room, Dakota County Government Center Hastings, MN A copy of the proposed ordinance amendments and a statement of rationale are enclosed. If you are unable to attend the Public Hearing, you may submit written or oral comments directed to Jeff Harthun, Lead Worker/Solid Waste Management (450-2745) or me (450-2608). All comments received will be presented to the County Board. Enclosures n9\ SEAAM:NgNP OF RATIONALE PROPOSED AMEN:ME PS PO DARIDTA canary' ORDINANCE N O. 110, SOLID WA.S'IE mmvisEmEar The new state law to lift the solid waste surcharge fee cap, effective August 1, 1988, provides the Dakota County Board of Commissioners an opportunity to address policy issues in the solid waste management area. After thoughtful discussion, the County Board has proposed to amend its Solid Waste Management Ordinance to increase the solid waste surcharge fee imposed at each sanitary landfill in the County from 25 cents to $2.62 per cubic yard, effective September 1, 1988. In this proposal, the County Board anticipates increasing the amount of funds available to Dakota County for its waste abatement and remediation/cleanup activities and doubling the amount of funds available to other metropolitan counties to continue to help support their abatement programming. A combination of factors influenced the County Board's decision-making. The rationale is based on the following considerations. Shared Responsibility. The Board believes that it is good public policy that those who generate the solid waste should pay for its disposal and associated environmental costs. They also believe that it is appropriate that surcharge collecting counties - Dakota, Anoka, Scott, Hennepin - raise revenue to address their responsibilities in this area. Primary Location for Disposal. Over the past fifty (50) years, Dakota County has been a primary location in the metropolitan area for disposal of substantial amounts of mixed municipal refuse, industrial wastes, and hazardous wastes. During the past five (5) years, approximately 50% of the mixed municipal solid waste generated in the metropolitan area has been consistently deposited in licensed sanitary landfills in Dakota County. Less than 20% of the waste is generated by Dakota residents. These disposal practices have resulted in known and suspected contamination of groundwater supplies throughout the County. Landfill Capacity. Because Flying Cloud Sanitary Landfill in Hennepin County has closed temporarily, more solid waste is now diverted to landfills in Dakota County. As a result, the existing capacity of these landfills is being used at a faster rate than previously projected. If these practices continue, it may be necessary to site and construct an additional landfill at great expense that would not have been needed if other counties were not diverting their waste to Dakota County. Long -Term Cleanup Issues. Dakota County has been inheriting long-term cleanup problems without long-term solutions. Although all four sanitary landfills are on the federal or state superfund lists for remedial investigation of groundwater contamination and cleanup actions, federal or state funding is uncertain. Because of the high volume of waste received, Dakota County needs to be in a strong position to perform contingency actions at licensed and unlicensed solid waste disposal sites. While the County Board believes that responsible parties should contribute to these extensive remedial actions and cleanup costs, it is unlikely that all costs can be fully secured or recovered. acb Proposed Agents to Dakota County Ordinance No. 110, Solid Waste Management SECTION IV. SOLID WASTE SURCHARGE This section is adopted pursuant to the authorization contained within Minn. Stat. 115A.919. Subsection 1. Fee on Operators of Disposal Facilities. There is imposed a fee on operators of facilities which accept and dispose of mixed municipal solid waste in the County of Dakota. All vehicles transporting solid waste shall be registered at the entrance of the waste facility. Subsection 2. Amount of Fee. The fee shall be t..__*+ ±ve eents ($.25) two dollars and sixty-two cents ($2.62) per gate yard of all solid waste accepted at the gate and disposed of at a facility for mixed municipal solid waste located in the County of Dakota. All vehicles transporting solid waste shall be registered at the entrance of the waste facility. Charges for passenger cars and pick-up trucks shall be in accordance with the rules promulgated by the Minnesota Commissioner of.Revenue pursuant to the Metropolitan Landfill Abatement Act and shall be prorated in accordance with the ratio between the State fee and the County fee. Subsection 3. Partial Exemption From Fee. Waste residue from energy and resource recovery facilities at which solid waste is processed for the purposes of extracting, reducing, converting to energy, or otherwise separating and preparing solid waste for reuse shall be exempt frau one-half the amount of the fee imposed if there is at least an eighty-five percent (85%) volume reduction in the solid waste processed. To qualify for exemption under this clause, waste residue must be brought to the facility separately. Before any fee is reduced, the verification procedures of Section 73, Subdivision 1, Paragraph (c), of Minnesota Laws 1984, Chapter 644, must be followed and submitted to the Department. Subsection 4. Limited Exemption for Metal Casting Facilities. For the period January 1, 1985, through December 31, 1987, non -hazardous solid waste from metal casting facilities shall not be subject to the fee imposed by this section, provided such waste is brought to the disposal facility separately. The operator must return to the Department a statement of exemption with its monthly return for all wastes exempted pursuant to this subsection. Such statement of exemption shall be in the form provided by the Minnesota Commissioner of Revenue. Subsection 5. Exemption for Cover Material and Lining. When solid waste that is accepted at a mixed municipal solid waste facility is not disposed of in the body of the facility, but is used in the operation of the facility as cover or lining material, the solid waste may be exempt frau the amount of the fee charged. The generator of waste qualifying for this exemption must first obtain written approval frau the Department as to the suitability of material for cover material or lining. Subsection 6. Returns, Fee Payment and Reporting Requirements. A. Time for Payment of Fee to County. The fee imposed by this subsection shall be due and payable by the operator of the facility to the County of Dakota monthly on or before the twentieth day of the month immediately following the month in which the solid waste was received at the facility. over B. Returns. Any operator subject to the fee imposed by this subsection shall file a return prescribed by the Department. The return must be signed by the operator or by a person authorized by the operator to do so. The return shall be filed with the Department on or before the twentieth day of the month immediately following the month in which the solid waste was received at the facility and must be accompanied by payment of the fee. C. Extensions. The Department may extend for reasonable cause the time for filing returns and remittance of fees for not more than sixty (60) days. The Department may require a tentative return at the time fixed for filing the regularly required return and payment of the fee therewith on the basis of such estimated return. D. Reporting requirements. The monthly return required to be filed shall be reported in cubic yards. If the facility measures in tons, the operator shall use the conversion factor set forth in Section 1, Subsection 15. The monthly return shall show: (a) amount of solid waste accepted and disposed of at the facility and (b) amount of fee due on the return computed by multiplying the total cubic yards times twenty five eents 4$ + two dollars and sixty-two cents ($2.62); and (c) amount of cubic yards received which is fully or partially exempt from the fee imposed by this section and; (d) such other information as may be required by the Department in order to administer this section. E. Failure to File Return. If any operator required to file any return shall fail to do so within the time prescribed by this subsection or shall make, willfully or otherwise, an incorrect, false or fraudulent return, such operator, upon written notice and demand, shall immediately file such return or corrected return and at the time pay any fee due on the basis thereof. If such operator shall fail to file such return or corrected return, the Department may make for the operator a return, or corrected return, frau its knowledge and from such information as the Department can obtain through testimony or otherwise and assess a fee on the basis thereof, which fee (less any partial payments for the fee covered by such return) shall be immediately paid upon written notice and demand. Any such return or assessment made by the Department shall be prima facie correct and valid and such operator shall have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto. Nothing in this paragraph shall preclude the County of Dakota from enforcing this subsection by pursuing any other remedy authorized by law or ordinance. F. Records. Every operator of a sanitary landfill in which mixed municipal solid waste is accepted and disposed of shall keep adequate and complete records showing the total cubic yards of solid waste accepted and disposed of at the facility for each day, in the form prescribed by the Minnesota Commissioner of Revenue under rule promulgated pursuant to the Metropolitan Landfill Abatement Act Minn. Stat. § 473.842 - 473.847). G. Examination of Records. The County or its designated agent shall have the right to examine records and accounts of the operator required to file a return. Subsection 7. EFFECTIVE DATE. This section shall be effective on germany 17 1985 September 1, 1988. EAGAN FIRE DEPARTMENT MONTHLY REPORT FOR April, 1988 TYPE WORK PERFORMED MAN HOURS Fire/Rescue 1,943 Training 809 Truck & Equipment Maint. 179 Station Maintenance 201 Fire Prevention 88 Administrative 696 TOTAL 3,916 MANPOWER STATION #1 STATION #2 STATION #3 Available Nights 16 14 19 Available Days 5 8 4 Available Days & Nights 5 4 4 Available Rotating 3 1 3 On Leave 0 2 0 Rookies 0 0 0 TOTAL 29 29 30 FIRE/RESCUE TYPE NUMBER $ LOSS Structure 11 Grass 16 Vehicle 5 False 10 Medical 3 Other 6 TOTAL 51 LARGE DOLLAR LOSSES DATE NAME LOCATION OCCUPANCY $ LOSS TYPE WORK PERFORMED Fire/Rescue Training EAGAN FIRE DEPARTMENT MONTHLY REPORT FOR May, 1988 MAN HOURS 914 762 Truck & Equipment Maint. 159 Station Maintenance Fire Prevention Administrative TOTAL 117 54 525 2,531 MANPOWER STATION #1 STATION #2 STATION #3 Available Nights 16 14 19 Available Days 5 8 4 Available Days & Nights 5 4 4 Available Rotating 3 1 3 On Leave 0 2 0 Rookies 0 0 0 TOTAL 29 29 30 FIRE/RESCUE TYPE NUMBER $ LOSS Structure 8 85,000 Grass 5 Vehicle 8 False 22 Medical 7 Other 6 TOTAL LARGE DOLLAR LOSSES 56 85,000 DATE NAME LOCATION OCCUPANCY $ LOSS 05/12/88 2091 Silver Bell Apartments $85,000 F -Monthly -Report 11/87 EAGAN FIRE DEPARTMENT MONTHLY REPORT FOR June, 1988 TYPE WORK PERFORMED Fire/Rescue Training Truck & Equipment Maznt. Station Maintenance Fire Prevention Administrative MAN HOURS 1,557 631 159 118 42 589 TOTAL 3,096 MANPOWER STATION #1 STATION #2 STATION #3 Available Nights 16 14 19 Available Days 5 8 4 Available Days & Nights 5 4 4 Available Rotating 3 1 3 On Leave 0 2 0 Rookies 0 0 0 TOTAL 29 29 30 FIRE/RESCUE TYPE NUMBER $ LOSS Structure 5 Grass 18 Vehicle 7 1,500 False 6 Medical 5 Other 12 TOTAL LARGE DOLLAR LOSSES 1,500 DATE NAME LOCATION OCCUPANCY $ LOSS 06/14/88 Johnny Cake & Cliff Car 2,o5 $ 1,500 F -Monthly -Report 11/87 DAKOTA COUNTY DAKOTA COUNTY HOUSING & REDEVELOPMENT AUTHORITY 2496 - 145th STREET WEST ROSEMOUNT, MINNESOTA 55068 612-423-4800 Serving People and Communities TO: MEMORANDUM HRA Commissioners; Dakota County Commissioners; City Managers; Lyle D. Wray, County Administrator; and Dakota County Planning Department FROM: Mark S. Ulfers, Executive Director SUBJECT: STATUS REPORT FOR ASSISTED HOUSING AND COMMUNITY DEVELOPMENT DATE: August 4, 1988 Enclosed is the July Status Report for all Assisted Housing Programs and Community Development Programs currently being operated in your community and a summary sheet for Dakota County. If you would like to also receive reports on other Dakota County communities, please call Lori Zierden of our staff. Enclosures "AN EQUAL OPPORTUNITY EMPLOYER" ASSISTED HOUSING Status Report for Dakota County** July, 1988 Amount of Elderly Family Total (+/-)* Section 8 Existing: Certificates 376 1,183 1,559 +15 Vouchers 80 189 269 +70 Moderate Rehab 4 21 25 0 Section 8 New Construction 247 300 547 0 Low Rent Housing 380 200 580 +10 235 Home 0 41 41 0 236 Rental 0 526 526 0 TOTAL ASSISTED HOUSING 1,087 2,460 3,547 +95 COMMUNITY DEVELOPMENT Amount Commercial/ of Elderly Family Multifamily Total Increase MHFA Local Participation 0 3 0 3 0 MHFA Home Improvement Loan 33 170 0 203 2 MHFA Home Rehab Loan 63 76 0 139 0 MHFA Home Energy Loan 10 124 0 134 0 Rental Rehab 38 49 5 92 0 CDBG Rehab Loan 87 161 0 248 0 CDBG Rehab Loan - Mobile Home 1 20 0 21 0 MHFA Solar Bank Energy Loan 0 8 0 8 0 312 Loan - Residential 4 15 0 19 0 312 Loan - Commercial/ Mixed Use N/A N/A 3 3 0 Weatherization 360 1,431 0 1,791 11 TOTAL COMMUNITY DEVELOPMENT 596 2,057 8 2,661 13 * + = Increase/- = Decrease ** Numbers for the City of South St. Paul are included in Assisted Housing, Rental Rehab, and Weatherization, but are excluded from the rest of the Community Development programs; South St. Paul operates separate Community Development programs. Status Report for the City of Eagan July, 1988 Amount of ASSISTED HOUSING Elderly Family Total (+/-)* Section 8 Existing: Certificates 37 236 273 +4 Vouchers 19 55 74 -3 Section 8 New Construction 0 33 33 0 Low Rent Housing 0 18 18 +1 236 Rental 0 144 144 0 TOTAL ASSISTED HOUSING 56 486 542 +2 COMMUNITY DEVELOPMENT Amount of Elderly Family Total Increase MHFA Home Improvement Loan 2 13 15 0 MHFA Home Rehab Loan 3 3 6 0 MHFA Home Energy Loan 1 10 11 0 CDBG Rehab Loan 1 4 5 0 Weatherization 5 66 71 0 TOTAL COMMUNITY DEVELOPMENT 12 * + = Increase/- = Decrease 96 108 0 As the Park Committee requested it As the City Clerk Ordered it As the Council designed it As the'City installed it As the Engineers approved it What the children wanted ADMINISTRATIVE AGENDA REGULAR MEETING EAGAN CITY COUNCIL AUGUST 16, 1988 CITY ATTORNEY CITY ADMINISTRATOR Item 1. Eagan vs Carlson Item 2. Special Permit for General Pump to Locate a Mobile Office Unit Item 3. Cliff Lake Centre Sign Plan Item 4. Proposal for Median Cut and County Road 30/Blackhawk Plaza Project DIRECTOR OF PUBLIC WORKS Item 1. Project 473, Receive Final Assessment Roll/Order Public Hearing (Pilot Knob Road - Trunk Storm Sewer) Item 2. Project 485, Receive Final Assessment Roll/Order Public Hearing (Northview Park Road - Streets & Utilities) Item 3. Project 491, Receive Final Assessment Roll/Order Public Hearing (Eagan Hills Farms - Streets & Utilities) Item 4. Project 496, Receive Final Assessment Roll/Order Public Hearing (Brittany 10th Addition - Trunk Storm Sewer) Item 5. Project 498, Receive Final Assessment Roll/Order Public Hearing (Stafford Place - Streets & Utilities) Item 6. Project 494, Receive Final Assessment Roll/Order Public Hearing (East Wescott Road - Streets & Utilities) Item 7. Project 500, Receive Final Assessment Roll/Order Public Hearing (Eagan Royale/Briar Oaks - Trunk Utilities) Item 8. Project 506, Receive Final Assessment Roll/Order Public Hearing (Parkcliff 2nd Addition - Storm Sewer) Item 9. Project 516, Receive Final Assessment Roll/Order Public Hearing (Gopher Eagan 2nd Addition - Streets & Utilities) Item 10. Project 517, Receive Final Assessment Roll/Order Public Hearing (St. Francis Woods 6th Addition _ Streets & Utilities) MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 15, 1988 SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY There are no formal items scheduled under City Attorney; however, this item is reserved for questions, comments or executive session to advise City Council on lawsuits, personnel matters or other legal issues. CITY ADMINISTRATOR Item 1. Eagan vs Carlson --At the last regular City Council meeting, action was taken to not appeal the court's decision on the Eagan vs Carlson condemnation. At that time, the total amount of the judgment was not known. Dave Keller, of Hauge, Eide and Keller, who represented the City on this case has received the final dollar amounts and that information is now available for Council review. It is the recommendation of Mr. Keller that the Council authorize payment of $16,993 to cover interest, the balance of the judgment and costs andisbursements. Enclosed and referenced as pages 7.--/( through -/' is a copy of his letter and appropriate attachments. Our City Attorney, Jim Sheldon, has received a copy of this information, is evaluating the final payment request and will be available for any comments at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny Council authorization of payment in the amount of $16,993 to finalize the Eagan vs Carlson case. Item 2. Special Permit for General Pump to Locate a Mobile Office Unit --General Pump, located at 3380 Highway 149, is requesting a special permit to locate a mobile office unit as a temporary office. The Planning Department has prepared a report, a copy is enclosed on page(s) -/5 - 7-Z/ for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special permit for General Pump to locate a mobile office unit at 3380 Highway 149 to be used as a temporary office. Item 3. Cliff Lake Centre Sign Plan --A sign plan for Cliff Lake Centre was received by the City May 17, 1988. Certain signs were approved for Cub Foods and Target Stores; however, the overall sign plan was continued so further review could be conducted. That review has been completed by City staff and it is recommended that the overall sign plan for freestanding pylons, freestanding ground sigp and building signage be reviewed for Council consideration. (p. `Z2 Z - ZZFS') This item was not scheduled for the regular agenda; however, according to the Planning Department, the master sign plan should be considered at this City Council meeting and therefore the item was added to the Administrative Agenda. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the Cliff Lake Centre master sign plan. Item 4. Proposal for Median Cut and County Road 30/Blackhawk Plaza Project --Mr. Luther Stalland, representing Norse Development Company is requesting a time on the agenda to request a signalized left turn access from eastbound Diffley Road into Blackhawk Plaza. Apparently, a left turn from the shopping center to Diffley Road would not be allowed. The City Administrator had suggested that this item be referred to the Engineering Department and considered as a formal item on the September 6 agenda; however, Mr. Stalland indicated that the City Council had been contacted and was agreeable to hearing this item as an additional item at the August 16, meeting. The City Administrator has asked the Assistant City Engineer, Mike Foertsch, to review this matter with SEH prior to our meeting tomorrow evening. Enclosed is a memo from BRW and various letters supporting Mr. Stalland's request fora median cut allowing a left hand turn movement. (F. ?-19 ACTION TO BE CONSIDERED ON THIS ITEM: 1) To refer this matter back to the Engineering Department for further study or 2) to approve or deny a recommendation to the Dakota County Highway Department requesting consideration by the County to provide a signalized left turn access from eastbound Diffley Road into Blackhawk Plaza. DIRECTOR OF PUBLIC WORKS Item 1. Project 473, Receive Final Assessment Roll/Order Public Hearing (Pilot Knob Road - Trunk Storm Sewer) --A11 costs associated with the installation of trunk storm sewer under this project have been tabulated and the final assessment roll prepared in anticipation of scheduling the final assessment hearing necessary to finance this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 473, (Pilot Knob Road - Trunk Storm Sewer) and schedule the final assessment hearing to be held September 19, 1988. Item 2. Project 485, Receive Final Assessment Roll/Order Public Hearing (Northview Park Road -- Streets & Utilities) --All costs associated with the installation of streets and utilities under this project have been tabulated and the final assessment roll prepared in anticipation of scheduling the final assessment hearing necessary to finance this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 485, (Northview Park Road -- Streets & Utilities) and schedule the final assessment hearing to be held September 19, 1988. Item 3. Project 491, Receive Final Assessment Roll/Order Public Hearing (Eagan Hills Farms - Streets & Utilities) --A11 costs associated with the installation of streets and utilities under this project have been tabulated and the final assessment roll prepared in anticipation of scheduling the final assessment hearing necessary to finance this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 491, (Eagan Hills Farms - Streets & Utilities) and schedule the final assessment hearing to be held September 19, 1988. Item 4. Project 496, Receive Final Assessment Roll/Order Public Hearing (Brittany 10th Addition - Trunk Storm Sewer) --All costs associated with the installation of trunk storm sewer under this project have been tabulated and the final assessment roll prepared in anticipation of scheduling the final assessment hearing necessary to finance this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 496, (Brittany 10th Addition - Trunk Storm Sewer) and schedule the final assessment hearing to be held September 19, 1988. Item 5. Project 498, Receive Final Assessment Roll/Order Public Hearing (Stafford Place - Streets & Utilities) --All costs associated with the installation of streets and utilities under this project have been tabulated and the final assessment roll prepared in anticipation of scheduling the final assessment hearing necessary to finance this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 498, (Stafford Place - Streets & Utilities) and schedule the final assessment hearing to be held September 19, 1988. Item 6. Project 494, Receive Final Assessment Roll/Order Public Hearing (East Wescott Road - Streets & Utilities) --All costs associated with the installation of streets and utilities under this project have been tabulated and the final assessment roll prepared in anticipation of scheduling the final assessment hearing necessary to finance this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 494, (East Wescott Road - Streets & Utilities) and schedule the final assessment hearing to be held September 19, 1988. Item 7. Project 500, Receive Final Assessment Roll/Order Public Hearing (Eagan Royale/Briar Oaks - Trunk Utilities) --A11 costs associated with the installation of trunk utilities under this project have been tabulated and the final assessment roll prepared in anticipation of scheduling the final assessment hearing necessary to finance this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 500, (Eagan Royale/Briar Oaks - Trunk Utilities) and schedule the final assessment hearing to be held September 19, 1988. Item 8. Project 506, Receive Final Assessment Roll/Order Public Hearing (Parkcliff 2nd Addition - Storm Sewer) --All costs associated with the installation of storm sewer under this project have been tabulated and the final assessment roll prepared in anticipation of scheduling the final assessment hearing necessary to finance this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 506, (Parkcliff 2nd Addition - Storm Sewer) and schedule the final assessment hearing to be held September 19, 1988. Item 9. Project 516, Receive Final Assessment Roll/Order Public Hearing (Gopher Eagan 2nd Addition - Streets & Utilities) --All costs associated with the installation of streets and utilities under this project have been tabulated and the final assessment roll prepared in anticipation of scheduling the final assessment hearing necessary to finance this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 516, (Gopher Eagan 2nd Addition - Streets & Utilities) and schedule the final assessment hearing to be held September 19, 1988. Item 10. Project 517, Receive Final Assessment Roll/Order Public Hearing (St. Francis Woods 6th Addition - Streets & Utilities) -- All costs associated with the installation of streets and utilities under this project have been tabulated and the final assessment roll prepared in anticipation of scheduling the final assessment hearing necessary to finance this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 517, (St. Francis Woods 6th Addition - Streets & Utilities) and schedule the final assessment hearing to be held September 19, 1988. HAUGE, EIDE & KELLER, P.A. Allorneys ul -C atv TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 1260 YANKEE DOODLE ROAD EAGAN, MINNESOTA 55123 (612) 456-9000 FAX 454-4232 August 11, 1.988 Mr. Thomas Hedges City Administrator Eagan City Hall RE: Eagan v. Carlson Dear Mr. Hedges: PAULH HAUGE KEVIN W. EIDE DAVID G KELLER LORI M. BELLIN DEBRA E. SCHMIDT THOMAS P LOWE Enclosed please find a copy of a demand from the Carlsons' attorney regarding the above -captioned action. It is our understanding that the City Council moved to not appeal the Court's decision if the owner did not appeal. The owner did not appeal. The request correctly indicates the amounts paid by the City toward the judgment, leaving a balance of $12,285.00. The interest is computed at 3% from December 15, 1986, (the quick -take date) to August 16, 1988, on the $12,285.00 and up to October, 1987, on the $21,050.00. $300.00 per day expert witness fees is allowable under Rule 11 of the Code of Rules for the District Courts (Connelly and Foutchis). $500.00 is required for appraiser's fees under MSA 5117 for services up to and including the Commissioners' hearing. The Carlsons are requesting an additional $500.00 for their appraiser's time in preparation for and testimony at trial. Again, the rules allow up to $300.00. Considering the outcome of the case, we think the Court would award at least a total of $800.00. Carlsons would settle for $1,000.00. Their appraiser billed them $1,710.00. The purpose of the request by the Carlsons is to avoid a Court hearing where they would demand $3,008.00 of interest and $2,410.00 of costs and disbursements, in addition to the $12,285.00 balance on the judgment. The total would be $17,703.00. Page Two Mr. Thomas Hedges August 11, 1988 Our recommendation would be that the Council authorize payment of $16,993.00 for the following: interest - $3,008.00; balance of judgment - $12,285.00; and costs and disbursements - $1,700.00 ($1,000.00 for appraiser's fees). It does not appear that a Court hearing to argue reductions of the $300.00 fees for Commissioners Connelly and Foutchis along with the proposed $500.00 for the appraiser would be cost effective and could result in an even higher award for the appraiser's fees. DGS{: cam Enclosure cc: James Sheldon Very truly yours, HAUGF, EIDE & KELLER, P.A. David G. Keller 2(� DAVID L. GRAtixis - 1874.1961 DAVID L. GRANNIE. JR - 1910.1980 VANCE B. GRANNIS VANCE B. GRANNIE, JR. PATRICK A. FARRELL DAVID L. GR.ANN15, ia1 ROGER N. KN-L,TsoN LAW OFFICES GxANNIs, GRANNIS, FARRELL & KNvrSON PROFESSIONAL AaaocIATION Posy OYTIa Box 57 403OANIFEST BANK BUILDING 161 NORTH CONCORD EXCHANGE souni ST. PAUL, MINNESOTA 55075 Mr. David Keller Attorney at Law 1260 Yankee Doodle Eagan, MN 55123 TAFp oNE (612) 455-1661 August 11, 1988 Road, No. 200 Re: City of Eagan vs. Albert Carlson, Court File No. C1-87-104870 ;year Mr. Keller: et al The following is a summary of the information I this morning: T as $40,635.00 7,300.00 21,050.00 $12,285.00 3,008.00 $15,293.00 addition follows: - Verdict - Less quick take - Less 3/4th's payment - Interest on verdict to the above amounts 10.00 30.00 60.00 300.00 300.00 1,710.00 $ 2,410.00 $17 703.00 TE'i. ECOPIER (612)455-2359 DAVID L. MAR/OYER Eu orr B, KNE•rSCri MICHAEL J. MAYER TLmOTHY J. BERG discussed with you we claim costs and disbursements - Statutory costs - Jury Fee -- Court Administrator's Fees - Ray Connelly (witness fees) - James Foutchis (witness fees) - Thomas Metzen (witness and appraisal - Total Costs and disbursements - Total due fees) As we discussed, the award form that you used did not include a dollar amount for appraisal fees at the commission level. It is my opinion that if we presented Metzen's fees to the Court and the fact that we had not been awarded appraisal fees through the commission stage, that we would be awarded at least $1,000 and possibly more. I am willing, however, to settle that issue for $1,000 at this time. 7(6 Mr. David Keller August 11, 1988 Page 2 In the event that it is necessary to tax costs, I wi11 be requesting the full amount from the Court. You have indicated that you will advise me this morning whether you will settle on this basis so we can have the matter approved at the August 16 Eagan City Council meeting. Very truly yours, GRANNIS, GRANNIS, FARRELL & KNUTSON vl CITY OF EAGAN SUBJECT: SPECIAL PERMIT APPLICANT: GENERAL PUMP LOCATION: 3380 HIGHWAY 149 EXISTING ZONING: LIMITED INDUSTRIAL DATE OF PUBLIC HEARING: AUGUST 16, 1988 DATE OF REPORT: AUGUST 8, 1988 REPORTED BY: PLANNING DEPARTMENT APPLICATION SUMMARY The applicant, General Pump, is requesting a special permit to locate a mobile office unit at 3380 Highway 149 to be used as a temporary office. COMMENTS Due to the expansion of their business, General Pump is planning on remodeling and/or expanding their present offices and would like to have a 12 ft. x 50 ft. trailer put on their property to be used as a temporary office for a minimum of four months and a maximum of eight months. The trailer will be located near the northwest corner of the existing building. If approved, the special permit shall be subject to the following conditions: 1. Building plans must be submitted and meet all applicable state building codes and a City building permit shall be obtained. 2. The trailer must meet the setback and lot coverage requirements and all other applicable code requirements. 3. Decorative skirting must be installed around the base of the trailer. 4. The permit shall be limited to two years. N Ol ld TJ0l 3?43.10 C13H01134 0 0 1 9 a 0 1 4 .s'n ,mnd -1d']NB`� 'i _o H o C m Z!1 a 41. 0 0 ldwna -1483N3h GENERAL PUMP • U.S. August 4, 1988 Property owners within 200 feet: Minnesota Fence and Iron Works 3350 Highway 149 Eagan, Mn 55121 Phone: 454-8835 L -c- 3380 Hwy 149 o Eagan, MN 55121 • 612-454-6500 • TELEX: 5106000432 G PUMP STP • CABLE: GENPUMP J L ray kjF_ i ♦ C� 'C� 1106 777O1.; ST. VEST .741,1141WINGTON, MN x55024 AUGUST 3, 1988 GENERAL PUMP 3380 HwY, 149 EAGAN, MN, 55121 ATT: MR. MIKE CHRISTOPHERSON DEAR MIKE; PER OUR TELEPHONE CONVERSATION THIS A. M., WE HAVE NO OBJECTION TO YOUR REQUEST TO PLACE A MOBILE OFFICE, APPROXIMATE SIZE 12 FT. BY 50 FT., ON YOUR LEASED PROPERTY FOR A PERIOD NOT EXCEED ONE YEAR. ANY DAMAGE DONE TO THE BUILDING, GROUNDS, BLACK TOP, ETC, AS A RESULT OF THIS PROJECT, WOULD BE YOUR RESPONSIBILITY TO REPAIR OR REPLACE. YOURS TRULY ;`-! 1 I ,`l«, ,' / /:2`,7-),:-./_-,,_ L. GAYLE R. BROD I'L _LID PRODUCTS 2385 So. Hwv. 149 Eagan, Minnesota 55121-2395 August 5, 1988 To Whom it May Concern; 9 Please be advised that Gopher Smelting has no objections to the placement of a mobile office near the building currently rented by General Pump. However we expect that any and all permits be the responsibility of General Pump and that any and all repairs and modifications be at their sole expense. Also, it will be the responsibility of General Pump to repair the premises to its present condition and any and all expenses are the sole responsibility of General Pump. Sincerely, Mark Kutoff GENERAL PUMP • U.S. July 22, 1988 Mr. Dale Runkle City Planner Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Runkle, This is to confirm our conversation this afternoon regarding a permit to temporarily park a trailer on our property. Our need to do this is created by some very positive business situations, e.g. growth, expansion and reorganization. We are currently talking with contractors about remodeling and/or expanding our present facilities. Our planning committee has met several times and is very close to making a decision as to the best course of action to take. It is critical we continue to service our customers and to provide room during remodeling. Therefore, the committee feels that leasing a trailer approximately --1-0'-x-48' for a brief period of time is the best alternative available. � a We have looked at several types of trailers and are concerned that both external and internal appearances remain consistent with the positive image we have always maintained in Eagan. The period of the permit we feel would give us sufficient time for good decision making would be a minimum of four months and a maximum of eight. Thank your for your assistance in this matter. If there are any questions, please contact me. Sincerely, :•', ,._,Z, le. t ,:.•C• Gordon Baird General Pump/U.S. Z�/ 3380 Hwy 149 • Eagan, MN 55121 • 612-454-6500 • TELEX: 5106000432 G PUMP STP • CABLE: GENPUMP TO: FROM: DATE: SUBJECT: MEMORANDUM Dale Runkle, City Planner Shannon Willey, Zoning Administrator August 10, 1988 Cliff Lake Centre Sign Plan The sign plan for Cliff Lake Centre was received by the City May 17, 1988. At the May 16, 1988 City Council meeting Mr. Bill McHale requested the pylons for Cub Foods and Target Stores be approved. Approval was given for the two signs, however the overall sign plan was continued so further review could be conducted. City Code requires that "...a pylon sign is allowed in lieu of a free-standing ground sign." (Chapter 4, Subdivision 6B) The plan for the Centre indicates three free-standing ground signs and three pylons. The applicant is requesting more than the allowable signage. A determination by the Council will be needed to approve or deny the proposed plan with the excess free-standing ground signs. Also, for a major complex," such as a shopping center, up to one free-standing or pylon sign be allowed for each major adjacent street." This would allow the third pylon sign which has not had any Council action yet. The major complex pylon sign is permitted under Code and meets the pylon sign requirements. It appears from the site plan of the Centre that there will be a building mounted business sign on the east side of the Target store. A clarification from the applicant regarding the location of this sign should be made. The placement of this sign was not noted on the specifications sheet, and is not a permitted location. Further review of this matter will occur at the August 16, 1988 City Council meeting. Respectfully Submitted, Shannon Willey /attachments ZZZ 46 FREESTANDING PYLON SIGNAGE CITY ALLOWANCE 1 per buifdfng 27'0' 1 125 sq. tt. 300 frog. 11 othir pylons 1 udditlonal for mgr jot complex on udjs+ccint strvW t 1 siddition41 for t r u c w s y tae a t 1Pon PROJECT REQUIREMENTS , Pylons - less th..n 125= rid 27'O height 1 1,1a jot Con pl e x 10 Py Ion t S' o0 1.,2 l 1 Tsrgvt P lon (S• * 003.2) 1 Cr oc ar y Py ion t S oe 002,21 2 Pyk>ns, pipt Out of • f u t urw FREESTANDING GROUND SIGNAGE CITY ALLOWANCE . 1 per building 7.0' w..aY. height 41•0` v x. height of s. }n &tea • 1o'ROJECT RECU!RE1PtENTS 3 Frvvstandinw Ground Sign — 7• hi. IS..r 001,3/ BUILDING SIGNAGE CITY ALLOWANCE • Grocery .: south side 20% of 5900 lar 1180 west siae 20'. of 4200:' of 1140:" nitwit - south side 20% of 6000 ' at 1200:' west side 20% of 7200.'of '1440 Major Complex 20% of 20,60011u 4120.1. PROJECT REOUIREtMENTS less than all allowed square footage • •• • • • • 040 att Wrl CC -4 '"•. C ti to •� �_.. E ( +1 ',.r1� 1 _ 1 o I 01 n Wit) •�,•/ 1 o �S5 V L ,•. ✓ i . �� O - _ M• 0 7 rW J 0 a - W S !!b! w 5fr n a a n�aoe 8 Q "+ Z '2gh z - o:_h: oo-„- _ N ' g °Le., ✓1 ra$ c S' NNooio„ z oa'0-9A, /- -'42 NN .z {5 8 o' } ��F' ?-`vfrYO CL PornV w o u 2;-� � 4 Wig il!Tilii ZO¢53.-?t �a-nn..Wi N< wn Z<t7 f 1W12 W„ 'z O W Q F w ¢ w_ ¢U a cu ♦ 5u u 6 6. . m f i= t 1 I it.• i ii ` i:l 1' , a j iii,.y . F = : : ' E + { i j r `1.. i F , . I i . I e - ! : : 3 i 6;;F: isi O00000000000000000 {} r • ZZ� Pr;,ject* L3451 Exterior—Tenant Wall Signage NORSE DEVELOPMENT CO. ONE co 5200 WEST 73rd STREET PLAZA M MINNEAPOLIS, MN 55435 ,s 8-1-88 PROPOSAL FOR MEDIAN CUT ON COUNTY ROAD #30 BLACKHAWK PLAZA PROJECT 2zq TELEPHONE (612) 835-5577 CEL,111;it, If 41 1_11 ._I BENNETT. RINGROSE, WOLSFELO. JAITVIS. GARDNER INC. THRESHER SOUARE 700 THIRD STREET SOUTH • MINNEAPOLIS, MN 65415 • PHONE 6121370-0700 PLANNING TRANSPORTATION ENGINEERING ARCHITECTURE • .•c ..• MEMORANDUM DATE: July 27, 1988 TO: Dale Runkle FROM: Richard Wolsfeld, PE Erik Ruehr, PE RE: Blackhawk Plaza Access This memorandum is written on behalf of Blackhawk Plaza, Inc., regarding access to the Blackhawk Plaza commercial center. Current access to Blackhawk Plaza is provided via Blackhawk Road and a right turn only (in and out) driveway along Diffley Road. A proposal has been made to provide signalized left turn access from eastbound Diffley Road into Blackhawk Plaza; a left turn from the center to Diffley Road would not be allowed. This memorandum has been written to address the following questions regarding the proposed traffic signal: o Is the proposed signal feasible? o What is the estimated cost of the proposed signal? In the following discussion of these issues, it is assumed that the need for a traffic signal has been analyzed at the proposed location and that a decision has been made that a traffic signal is warranted. FEASIBILITY OF PROPOSED TRAFFIC SIGNAL BRW's analysis indicates that a traffic signal is feasible at the proposed loca- tion. If a traffic signal were installed, it is recommended that two phases be provided: - A 1. A through phase for traffic moving westbound on Diffley Road 2. A phase for left turns into and right turns out of Blackhawk Plaza • r, MINNEAPOLIS DENVER PHOENIX Dale Runkle July 27, 1988 Page 2 Eastbound through movements would be allowed to proceed during both phases. An example of this type of traffic signal operation is located at the interchange of I -35E and TH 110 in Mendota Heights. The feasibility of the proposed traffic signal has been analyzed in relation to distance between adjacent signals and the effect of the proposed signal on signal coordination along Diffley Road. The proposed signal would be located approximately 600 feet east of the Diffley Road/Blackhawk Road intersection and 700 feet west of the Diffley Road/I-35E southbound ramps intersection. These distances are sufficient to provide the necessary spacing between adjacent signals. In the analysis of signal coordination along Diffley Road, it has been assumed that signals will ultimately exist at the intersections of Diffley Road with Blackhawk Road, the Blackhawk Plaza access driveway, the I -35E southbound ramps, and the I -35E northbound ramps. It is likely that coordination of these four signals will be desired. The proposed Blackhawk Plaza signal will be easy to. coordinate with the other three signals. Since only westbound traffic on Diffley Road will be required to stop at the Blackhawk Plaza signal, this signhl need only be coordinated with westbound movements along Diffley Road. Therefore, a timing plan can be developed which will maximize westbound progression and ensure that the Blackhawk Plaza signal does not create a nega- tive impact on Diffley Road traffic. COST OF THE PROPOSED SIGNAL The cost of the proposed signal could vary depending on design decisions relating to the signal and its coordination with adjacent signals. Based on the information available, BRW's estimate of the construction cost is $50,000 to $70,000. The lower end of this range would apply if time -based coordination could be utilized. The upper end of the range assumes that a hard -wire inter- connect would be needed and that the cost of the interconnect system would be included in the cost of the Blackhawk Plaza signal. These cost estimates do not include ttie cost of roadway improvements needed to add a left -turn lane in the median of Diffley Road. It is our understanding that both the roadway improve- ments and the traffic signal improvements would be financed by Blackhawk Plaza. ER/jkf cc: Luther Stalland Steve Ramsey DAVID K. PARKHILL Real Estate Broker 9501 Russell Avenue South Bloomington, MN 55431 July 21, 1988 Mr. Luther M. Stalland Attorney at Law 5200 West 73rd Street Minneapolis, MN 55435 Re: Median Cut, Co. Rd. 30 at Blackhawk Plaza Dear Luther: This letter is to update you on our progress, or lack thereof, in attempting to market the outlots at Blackhawk Plaza that border on Diffley Road (Co. Rd. 30). These lots are excellent retail sites except for one glaring deficiency; namely, the lack of a median cut on Diffley Road at the shopping center entrance. I have shown the lots to seven interested, qualified buyers, including four service station companies. All have turned down the location principally because of the lack of a median cut. Some, who have not found alternate sites, are still interested if this can be remedied. Please contact me when and if the situation changes. Yours truly, DKP/vl cc: Mr. Steve Ramsey • David K. Parkhill 11-j 11 -11;11ZIAT A Il.._ BENNETT. RINOROSE, WOLSrELD, JARVIS, OARDNER. INC. • THRESHER SQUARE 700 THIRD STREET May 17, 1988 Mr. Luther Stalland Norse Development Company One Corporate Center Financial Plaza 7261 Ohms Lane Minneapolis, MN 55435 RE: Potential Blackhawk Plaza Access Slgnalization PLANNING T RANSPOR IAT ION EN(3INEEnING ARCM ECTURE SOUTH MINNEAPOLIS, MN S5415 • PHONE 012/370-0700 Dear Mr. Stalland: The City of Eagan requested the consulting firm of Short Elliot Hendrickson to review the proposal to provide a median break on CSAII 30 to allow eastbound traffic to enter Blackhawk Plaza. We understand that SEII approves of the concept, but has the following questions regarding a potential signal at that location: o Could this signal be coordinated with the adjacent traffic signals? o What 1s the estimated construction cost of this signal? The potential signal would stop westbound traffic on CSAII 30 to allow a protected left turn into Blackhawk Plaza. Left turns would be prohibited at all other times. The eastbound through movement would not be stopped. This limited control by the signal would allow the signal to be added and coordinated with other signals without significantly deteriorating progression on CSAR 30. The estimated construction cost of the traffic signal is $60,000. This assumes that the adjacent signals have controllers which are capable of time -based coordination. If they do not have this capability, an additional $1,000 to $10,000 would be required. The above information is general in nature. Additional study would be necessary to determine signal timing and cost. Sincerely, BENNETT-RINGROSE-WULSFELD-JARVIS-GARDNER, Inc. tud Richard P. Wolsfeld, PE DAVID .1 RENNF7, DONAI1)W RINOnCSF RICTIARDPW(71STTID PETERE JARVIS tAWRENCFJ OARDNER 71IDMAsrCARROLL CRAIDA AMIUNJDSEN DONALD E. HUNT MARK 0 SWENSON JOHN B McNAMARA RICHARD 0 PILGRIM DALE N BECKMANN MINNEAPOLIS DENVER DENNIS J SUTLIFF PHOENIX PLANNING TRANSPORTATION ENGINEERING ARCHITECTURE BENNETT, RINGROSE, WOLSFELD. JARVIS. GARDNER. INC. THRESHER SOU4RE 700 T14IR0 STREET SOUTH MINNEAPOLIS. MN 55415 • PHONE 612/370-0700 April 20, 1988 Mr. Luther Stalland Norse Development Company One Corporate Center Financial Plaza ,7261 Ohms Lane Minneapolis, MN 55435 Dear Mr. Stalland: As you requested, BRW, Inc. has reviewed the analysis completed for the Traffic Access Study for Blackhawk Plaza prepared in May of 1985 and updated in August 1986. Traffic forecasts prepared for these studies were based on the Regional forecasts prepared by the Minnesota Department of Transportation and Metropolitan Council for the year 2000. We first checked the forecast of volumes on CSAR 30 made for the 1985 study against the regional forecast for the year 2010. The fact that the 2010 regional forecast shows only a ten percent increase over the 2000 BRW forecast indicates that the BRW forecast was probably conservative; this was also noted in the 1985 study. Conversations with the Dakota County Traffic Engineer and the City of Eagan have indicated that no significant developments or streei system changes have occurred which would require a revision of the traffic forecasts and analysis. A joint study is currently being conducted by the City and the County which will update traffic forecasts in the area. It is not known at this time whether the results of this study will indicate a need to update the Blackhawk Plaza analysis. Sincerely, BENNETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, INC. Richard P. Wolsfeld, PE DAVID J RENNETT DONALD W RINGROSE RICHARDP WOl SEELD PETER E JARVIS LAWRENCE J GARDNER THOMAS F CARROLL CRAIG A AMUNDSEN DONALD E. HUNT MARK SWENSON JOHNS McNAMARA RICHARD D PILGRIM DALE N BECKMANN DENNISJ SUTLIFF MINNEAPOLIS DENVER PHOENIX Y ✓ ' Don L. Clark District Manager April 5, 1988 Haven Enterprises 1442 Excelsior Boulevard Minnetonka, Minnesota 55435 Attention: Steve Ramsey Re: Blackhawk Plaza Diffley Road & I -35E Eagan, Minnesota Dear Mr. Ramsey: Amoco 011 Company Twin Cities District Southgate Office Plaza, Suite 890 5001 West ROth Street Minneapolis, Minnesota 55437 612-831-3464 Lot 5 of the above project has been presented to Amoco by two commercial realtors; Century 21 Lang Agency, Inc. (Myles Borstad) and Dave Parkhill. Amoco would be interested in your site if there was a break in the median on Diffley Road, allowing full traffic movement in and out of the site. Please advise if a median break can be obtained. C. L. Kristuf Business Devel nt Representative r cc: Myles Borstad - Century 21 Lang Agency Dave Parkhill CLK/cmb 23S January 13, 1988 CERTIFIED MAIL RETURN. RECEIPT REQUESTED Re: Ramsey 2 Blackhawk Plaza Haven Enterprises, Inc. 1 Attn: Steve B. Ramsey 14442 Excelsior Blvd. Minnetonka, MN 55345 Dear Mr. Ramsey: Phillips has elected not to pursue the purchase of your property described as Lot 5, Block 1, Blackhawk Plaza pursuant to the Option to Purchase Real Estate dated September 11, 1987. GCJ:sm cc: R. W. Parkinson G. S. Page. John Carpenter t 23() Very truly yours, Gary C. Johnson PHILLIPS 66 COMPANY 4182 REINDEER LANE 612-454-5931 EAGAN, MINNESOTA 55123 MARKETING DIVISION Mr. Dave Parkhill Leasing Agent Blackhawk Plaza 9501 Russell Ave. S. Bloomington, MN 55431 Dear Dave: April 15, 1988 Phillip's letter of January 13, 1988, to Steve B. Ramsey, Haven Enterprises, Inc. stated that Phillips 66 Company elected not to pursue the purchase of Lot 5, Block 1, Blackhawk Plaza, pursuant to the Option to Purchase Real Estate, dated September 11, 1987. The lack of a curb cut in the median on Diffley Road (County Road 30), was the primary reason Management elected not to purchase the property. Without this curb cut, access to the station site was greatly restricted. Eastbound traffic on Diffley Road could not directly enter, the Plaza at Lot 5. Westbound traffic entering the site would not be able to exit directly back onto Diffley Road heading east. In both cases, customers would have to use the entrance on Blackhawk Road, at the west end of the Plaza. In order for our new station to be successful, we must have better accessibility from the primary street. Should this curb cut be obtained, we will then present this proposal to Management for reconsideration. Sincerely, cy'hn Carpenter etail Representative z�� / Council Minutes 1 .ne 4, 1985 9. Rooftop mechanical equipment shall be concealed by a parapet wall 4r suitable screening. 10. A storm water detention pond shall be constructed on Lot 7 with>a capacity of 1.4 acre feet. 11. A permit shall be obtained from MnDOT to perform grading within MnDOT subdivision. 12. The watermain shall be looped from Blackhawk Road to the Hillandale 2 •,. subdivision. 13. The private road shall be 36 feet wide from Blackhawk Road to the hotel. 14. This development shall be responsible for upgrading the east side of Blackhawk Road from Diffley Road to its north property line. 15. A ponding easement shall be required over Lot 7 to accomodate 1.4 acre feet of storage. 16. This development shall be responsible for any unlevied trunk area related assessments or any upgrading of trunk area related assessments as necessary. Blackhawk Road upgrading from the end of this development to Deerwood Drive shall be approved prior to final plat approval. 18. The applicant shall work with Dakota County to insure that the primary access to the development is from County Road #30 in view of the residential nature of Blackhawk Road. All members voted yes. Egan moved, Wachter seconded the motion to approve the following conditional use permits: driveup bank and service station, under the following conditions: 1. The applicant shall provide a proof of parking plan for the service station showing how parking could be expanded, if needed. 2. The bank shall provide stacking space for 20 vehicles. 3. All City ordinances and requirements shall be adhered to. All members voted Affirmatively. 1 2 g BLACKHAWK ROAD "P (.1) 1)) 'C) 0 '13 7c" 0 -6 So -c) 1- -a SO 9.) 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A 10 < 3 0 0 • -- -+0 0 o m a., in 0 IT c n _� N 0 S "1' VAf d d -+ 0 0 -+ 7 -} 5 Q 0 i 1:f1 0 A p •-+ O, C_ 7 , mo�.10 f Q 3. s 7 03 C3 01 x o� 1dg 8X�-g: a 0 -+ 1 04 O d d? d 7 .. n -f c0 *n S 0 N f -d+ -d+ 0 7 0 Ov 0 • < 0 —•c o 0 0 —0-•d< a. q W O 0< A v -- 1n `t -• o 178 A O� d OF a Ex 0 O a_ g n < = = -. - 0 0. ro -F n d 7 C7 0 A a -F 0. O 3--+Ct10On A -+• in M0 s="`4 -4 • o 0 V C) ENGINEERS ■ ARCHITECTS 1 PLANNERS July 25, 1988 222 EAST LITTLE CANADA ROAD, ST PAUL, MINNESOTA 55117 612 484-0272 Mr. Dale Runkle, City Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Runkle: RE: EAGAN, MINNNESOTA DIFFLEY ROAD BLACKHAWK PLAZA ACCESS SEH FILE NO: 88077 The City, some time ago, verbally asked our reaction to opening the median on Diffley Road between Blackhawk Drive and Interstate 35E. The median opening would provide full access to Blackhawk Plaza. Our initial reaction was that it would be better off to remain closed. If opened, it would have to be signalized and the signal coordinated in a Diffly Road system. We indicated that the signal installation and coordination would be determined by Dakota County. Since that time, some misunderstanding apparently has developed. The developer apparently believes that we have approved of the concept, subject to questions of signal coordination. There have also been discussions relative to whether the median opening would permit all left turns or only into the site from eastbound Diffley Road. To clerify the situation, we reviewed the traffic volumes foreeasted as part of our Dakota County Study. Volumes on Diffley Road are relatively high especially in the p.m. peak hour. We estimate that there will be approximately 1,600 vehicles per hour westbound and 1,400 vehicles per hour eastbound past the median opening. In addition, the westbound volumes would be almost equally distributed coming from the southbound I - 35E off ramp and westbound Diffley Road on the bridge over I -35E. Thus it appears the potential for coordination for any traffic signal is remote. Our study of the Cliff Lake Centre also indicated a significant potential for weaving on Diffley Road between Interstate 35E and Blackhawk Drive. This weave would be A considerably complicated by installation of a traffic signal halfway between two intersections. SHORT ELLIOTT MI PNES MINNESOTA? HENDRICKSON INC. CHIPPEWA FALLS, WISCONSIN Mr. Dale Runkle July 25, 1988 Page 2 For these reasons, we do not feel that there is justification for seeking a median opening on Diffley Road. Dakota County has control over access along Diffley Road. They have also reviewed the situation and do not feel a median opening is justified. We therefore recommend that the City drop any further consideration of a median opening on Diffley Road between Interstate 35E and Blackhawk drive. If you have any questions or need any additional information, please feel free to contact our office. Sincerely, 4vg,0,772,t) Glen Van Wormer GVW/cjc cc: Pete Sorenson, Dakota County Tom Colbert, City of Eagan