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06/20/1995 - City Council Regular AGENDA filledi°1% EAGAN CITY COUNCIL - REGULAR MEETING BLACKHAWK MIDDLE SCHOOL*** JUNE 20, 1995 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. UPDATE, DAKOTA ALLIANCE FOR PREVENTION IV. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) V. DEPARTMENT HEAD BUSINESS (BLUE) VI. CONSENT AGENDA (PINK) . ( A. PERSONNEL ITEMS (p B. RESOLUTION, Authorizing Execution of Safe and Sober Grant tC. RESOLUTION proclaiming June 28, 1995 Volunteer Recognition Day o D. RECOMMENDATION, Airport Relations Commission, Comments Regarding Second Phase Scoping Report for Dual Track Airport Planning Process r . E. RECOMMENDATION, Airport Relations Commission, Request Additional ANOMS Noise P. Monitors and Consideration of Means to Reduce Aircraft Noise Impacts in Eagan ,(F. RECOMMENDATION, Airport Relations Commission, Runway 4/22 Litigation G. APPROVE RESOLUTION, Approving Issuance and Sale of $2,310,000 Commercial Development Revenue Notes and Authorizing Execution of Related Documents - YMCA of Greater St. Paul Project H. SPECIAL HUNTING Permit - Thomas J. Leach 'OIL CHANGE ORDER, Police Department Building Project, McGuire Mechanical at J. FINAL SUBDIVISION, Lentschs Deerwood Pointe, north of Deerwood Drive and east of Clippers„IX. FINAL SUBDIVISION, Villas of Violet Lane 2nd Addition, located west of Federal Drive on Violet Lane a2 PROJECT 673, Approve MnDOT Cost Participation Agreement, Red Pine Lane and T.H.3 a(D . REFUSE HAULER LICENSE, Randy's Sanitation, Delano, MN _AN. FINAL SUBDIVISION, Cliff Lake Townhomes 2nd Addition, located west of Blackhawk Road and north of Cliff Lake Road a410. FINAL SUBDIVISION, Blackhawk Forest, located north of Silver Bell Road, ast of r2) Highway 13, west of Blackhawk Road and along either side of Robin Lane .22 P. CONTRACT 95-05, Receive Bids/Award Contract, Blackhawk Hills and Wescott Square J7 Street Reconstruction ,Aq• Q. CONTRACT 95-03, Receive Bids, Award Contract, Red Pine Lane and T.H. 3 Streets and Utilities j R. PROJECT 686, Receive Feasibility Report, Order Public Hearing, Woodgate Lane 64-'— Street Reconstruction 036S. RECEIVE PLANS AND Specifications, Authorize Advertisement for Bids, Eagan City • Hall Technical Media Systems .3f T. CEDARVALE SPECIAL SERVICE District, Receive Work Plan and Set Public Hearing VVII. 7:00 - PUBLIC HEARINGS (SALMON) C)A. VACATION OF Drainage and Utility Easements, Cliff Lake Townhomes &B. VACATION OF Public Right-of-Way, T.H. 13 Service Drive, Eagan 13 Industrial Park C. VACATION OF Public Drainage and utility Easement, Villas of Violet Lane 9,D. PROJECT 643R, Oslund-Timberline Addition Utilities and Street Reconstruction ist: E. VARIANCE, Opus Corporation, to allow more than one ground sign for Lot 1, Eagandale Center Industrial Park No. 2, located north of Lone Oak Road and west f the Soo Line Railroad VIII. OLD BUSINESS (ORCHID) f (O A. AMEND CITY CODE Chapter 10 to Change the Dog License Period from One to Two years (0 B. REQUEST TO RECONSIDER, Preliminary Planned Development and Preliminary ' Subdivision, Safari at Eagan Third Addition 0;)...C. PROJECT 665, Special Assessment Lot Survey, Blackhawk Road i:!: IX. NEW BUSINESS (TAN) •/If,A CONDITIONAL USE PERMIT, Naegele Outdoor Advertising, to allow a billboard on `�" Outlot C, Robins Addition, on the south side of I-494 and north side of I-494 and on the north side of Blue Gentian Road 3yt. OUTDOOR STORAGE Requirements, Provide Policy Direction Pill:1( C. CONTRACT 95-08, Approve Plans and Specifications, Authorize Advertisement for Bids, Timberline Addition Street Rehabilitation X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. ***Note change in location. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 14, 1995 SUBJECT: AGENDA INFORMATION FOR_THE JUNE 20, 1995 CITY COUNCIL MEETING ADOPT`APA..::NIi.....A TR IV . IT . $ After approval of the June 20, 1995 City Council agenda and minutes for the June 6, 1995 regular City Council meeting and the June 6, 1995 Special City Council meeting, the following items are in order for consideration. DEPARTMENT N`, `H BUSINESS There are no Department Head Business items at this time. MINUTES OF•A•SpECiAIAMEET'lUG OF THE Minnesota' 6, 1995 A special meeting of the Eagan City CoundilikWigigilliesday,June 6, 1995 at 5:15 p.m.at Black Hawk Middle School,following an Executive Session. PresirMae'Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Director of Parks and Recreation Ken Vraa, Civic Arena Manager Todd Burkart, Finance Director Gene VanOverbeke,Community Development Director Peggy Reichert, Police Chief Pat Geagan and City'Attomey Jim Sheldon. CIVCgi .E 4; t3EtIUUNG Administrator Hedges Introduced Todd Burkart, Civic Arena Manager,to the Council. Parks and Recreation Director Vraa reviewed the different ice t(mas and prpppsed charges. He Indicated he would like the _ Civic Arena Manager to have the flexibility to negotiate.q)tracts fq Ipe time to achieve the most'efficient use of ice time and maximum revenue at the arena. C1puilb1l'iibtfr:;Awadq::stated she feels the charges should be high enough so the arena doesn't need to be subiliiized'with'10:0liars. Councilmember Hunter and Mayor Egan concurred. Counclimember Awada questioned the open skating times. She feels it Is important to have open skating during prime times and feels there should be a set schedule for open skating. Parks and Recreation Director Vraa reviewed several sample schedules and several possible scenarios for open skating were discussed. Councilmember Awada suggested that in addition to the openkating.proposed for Wednesdays, Saturdays and Sundays, another time be added for Monday from 6:30 to 8:30 p:iiii;:gtfetkrther suggested that ice time charges be raised if necessary to accommodate these open skating times. Councilm 'ertilinrs:.00ncurred. Further discussion followed concerning the schedules and open skating times. Councilmember Awada$iiggested a sign be posted with open skating times and Counclimember Masin suggested there be an Open skax(nglima:sometime over the weekend In the evening. It was determined that schedules will be made by ttii ;.C[yip Arepii:Mahager,and after the first season,the schedule will be reevaluated and changed if necessary;.::: COMMUNITY DEVELOPMENT UPDATE ' Community Development Director Reichert reviewed the latest Opus proposal, and discussion followed on the various aspects of the proposal and'the amount of investment by Opus. The'meeting then recessed to hold tiie.t i ti t i clth*.ing, and reconvened at 9:30 p.m.,following the Council meeting. Further discussion followed concerning the Cerl Area Plain and the Opus proposal. Community Development Director Reichert reviewed the raa6intiy passed legislation placing a time limit on processing of development proposals and how her staff intends to:comply with this time limitation. Other projects discussed were the expansion of Blue Cross Blue Shield;the Wescott Square redevelopment and the new post office payroll facility. Discussion followed concerning a recent meeting of a:. iup calling itself the Eagan Small Business Association,and how the city should respond to issues raised In their thewsletter. Councilmember Hunter suggested that if a meeting is requested, it would be appR? pit.t9r.Xhe.,Maypr and City Administrator to meet with them. Councilmember Wachter emphasized that it is ln)b::rfar t i 9iv tt t support to staff. Councilmembers concurred. Considerable discussion followed. • The meeting adjourned at 11:02 p.m. • • Date City Clerk • • • MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL_ Eagan, Minnesota • June 6, 1995 A regular meeting Of the Eagan'Cixy.Council was held on Tuesday, June 6, 1995 at 6:30 p.m. at Black Hawk Middle School. Present were yot E 6:,00 cilmembers Wachter,Awada,Masin and Hunter. Also present were City Adminis1'rat liim e^5 ::CDmmunity Development Director Peggy Reichert, Director of Public Works Tom Gtilbert, and City Attorney Jim Sheldon. VIM Administrator Hedges noted that the item relating to the Commercial Refuse Hauler Ucense for United Waste Transfer has been removed from the agenda. Community Development Directr #eichert ted that the Lentschs Deerwood Pointe needs to be removed from the agenda because it isn'Oiady for: oproval. She also noted that she received a request to extend the preliminary subdivision for Ester Additiotr for another 30 days. She suggested this be added • to the consent agenda and extend the time. eFiofil:for:09.g.m. Hunter moved,Wachter seconded a motion to approve the agenda as amended. . Councilmember Masin noted a correction on page 11, paragraph 4, by eliminating the word "doesn't". Councilmember Hunter requestedsome additional clarifying language relative to the variance , for Richard Cossette on page 8, paragraph 1 to read, M..ax:fttrequest of the City Council in order to place into code our informal policies."; and that language:•be adde i jdet prior to the vote to read, "...in the event that staff disagreed that'substantial discussn if ltiedtaften;p'ace." Awada moved,Masin seconded a motion to approve the minutes as amended. Ay;'i 'S' Nay: 0 • Councilmember Hunter requested additional languagiiiiii page 3, relative to the July 4th fireworks to indicate that the amount of money to be spent on fireworks was discussed and that he suggested $10,000. Hunter moved, Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 - • :i'4(. :Gvt6's'/� f./, � �4is`GG �f; -� //: C''tt:'£'F: - i After,introductions by Mayor EgOkOhd Adrt ni h ator Hedges,Fire Chief Dale Nelson reviewed the Fire Department operations and training;Program attd thanked Training Officer Lowell,Bahrke, and the Training Department, and Bob Kriha, $t Lion Cogilliander. The new volunteer fire fighters were then Introduced and their badges were present i:.;Mays#Apr�:v i tined the new fire fighters and thanked them for their commitment to the department :c;ia�iifrir�gtf;:, DECEMBER 31, 1994 COMPREHENSIVE•ANNUAL FINANCIAL REPORT After introductions by Mayor Egaj5:'iilei3:'Athi1nill ';r Hedges, Jeff Radunz and Dave Edson of Deloitte & Touche, reviewed the finan l iiiport, includ'ifi¢productivity measures, annual debt service payments, the outstanding general obligation debt per capita; and the general obligation bond ratings. Discussion followed concerning the city!*bond rating, outstata ling debt service, and how fiscal disparities • \ I \ EAGAN CITY COUNCIL MINUTES;JUNE 6,1995 ,' PAGE 2 • and other factors affect the city's bond raaitig. After some discussion, Hunter moved,Awada seconded a motion to accept the December 31, 1994::Ctimprehensive Annual Financial Report. Aye: 5 Nay: 0 Councilmember Hunter asked wby tt** ed$ ii Qs Swalk study Is going before the Advisory Parks, Recreation and Natural Resourcess:Coftiiriftee''anif'piriiits'and Recreation Director Vraa indicated it will be discussed at their June and July r% tings. Councilmember Hunter emphasized that he would like to see a strong recommendation from think:relative to funding. Councilmember Masin suggested that information relative to the July 4th fireworks be announced to the viewing audience, and Administrator Hedges gave an explanation. Some discussion followed. In regard to Item A, Personnel Itets, Courijnember Wachter asked what the duties of the Park Operations Supervisor are and Parks and:RecreatliDti:Director Vraa gave an explanation. In regard to Item D, Chanae Oi't ':p1i ':Cepi nt Building Project and Municipal Center Expansion. Administrator Hedges noted that there are some additional change orders in the amount of $2,952.84 for the Police Department and a $282 deduct in the Municipal Center expansion that were inadvertently left out of the Administrative Agenda materials. He handed out a list of the change orders and requested that they be approved with the others. Councilmember Wachter reviewed some of the change orders and stated that after review, he feels they are justifiabl# In regard to Item E, Amend Ordinance(9ity:lttl'and 10.01.Ucensina of Solid Waste Haulers Qf Construction/Demolition Debris.CouneilkiklitiWtOtaiirifioted that when the Council discussed this,they were concerned about the residential :li hers. She iidibesn't think the Council even considered the commercial haulers. Joanna Foote,•Comlxitlnioati©ps(Recycling Coordinator, responded that that was a determination made by the commission. They faltttiat;GOitimarpial haulers contribute to the perception that there are a great number of haulers on the road.; Counati irsiil i Hunter emphasized that councilmembers read all of the minutes and he was offended by'some of the corinments in the minutes. He knows who his hauler is. In reviewing theoptions considered by the commission,he asked what the commission considers to be too much municipal involvement and asked whether a study has been done to determine what amount of municipal involvement is appropriate. Joanna Foote responded that part of their reasoning relates to the way state statute is written regarding the process needed to undertake any of the options that encompass organized collection,which is a 180 day pro.'c0ss:Invoiy.in$::the:dty and all current residential haulers. She explained the process needed to pursu i0jatifie i c iitac bti The commission is recommending options that could be done on a voluntary basic; 0ouncilritsi ber Hunter asked how much municipal involvement is required after the 180 day process outlined in state statute. Joanna Foote responded that that has not been explored in depth; however, it wa0.4iatermineighat there would be more municipal involvement than there currently is. Councilmember HunteG i}1dj.9g0 i .3.* .tU Q lfortable with this recommendation because he doesn't think enough study was done tiii:howalai b:i ki t 1 involvement there would be and how much ongoing effort would be saved. He would like this referred back to the commission. Councilmember Awada questioned how practical it is to license people who pick up construction debris,and asked whether there have been complaiifl about this. Joanna Foote indicated it would present challenges; however, she has spoken to kty.01C(g Pkigiiq :and staff feels it is the best way to pursue this. She indicated she is :abo not aware of complai ut'i aulii'i :iiif:construction debris. Councilmember Wachter stated he feels there were a number of0iiitions due to t :fact that it wasn't regulated. Councilmember Awada stated she feels It will be difficult to enforce. Councii'niember Hunter emphasized he isn't against • EAGAN CITY COUNCIL MINUTES;JUNE 8,1995 PAGE 3 the recommendation they are making; hoWikisr, he doesn't feel there is enough justification to support the recommendation. Awada moved, Hunter secondei#.*:*c4kisi':3p:sefat tis back to the Solid Waste Abatement Commission to review the concerns raisedby'tlie Coiitrii'rf:'''i4yi3: 5 Nay: 0 In regard to Item F, Community tevelopment Block Grant Cooperation Agreement Amendment, Councilmember Masin asked why Eagan is now eligible to become a direct grantee and Community Development Director Reichert indicated it is based on population. In regard to Item N,Approve Interagency Agreement.Wellhead Protection Ground Water Modelina, Councilmember Wachter indicated he th i%ICs this IS a.good idea, noting that by working together, this will save money. Councilmember Hunter BOO that tfps:is an unfunded'mandate. In regard to Item 0, Authorize Staff/Citv 1kirornev's Office to Draft New Solicitation Ordinance, Councilmember Masin requested more informatiwr:41•tba• c.een:River ordinance,and wondered why these people need to be licensed both in the coirtjr argi t t'): :cdlii e 1 ember Hunter questioned whether the city really needs this, and asked whether there have been Pomplairifs. He also raised a concern about placing new ordinances on the consent agenda. He feels they should be discussed. Councilmember Awada concurred, indicating if this ordinance won't solve the problem, this shouldn't be passed. Mayor Egan concurred. Discussion followed concerning how the Council wants to handle new ordinances. It was decided to consider them under new or old business, or at a 1!ygrk session. Gene VanOverbeke,Finance Director,,Jted':tiattfiis ordinance change is being driven by imple- mentation problems with the current orditl it :;::There is:.s'ome confusion as to who needs to be licensed and who needs to be registered. It wasjsu6ges.ted that the ordinance either be revised or removed. After some discussion, Egan moved, Hunter seoi}'sideq::a.•motion to table this to July 11, 1995. Aye: 5 Nay: 0 In regard to Item R,Amend City Code Chapter 10 to ttianae the Dog License Period from One to Two Years,Councilmember Wachter questioned why this is being done. Councilmember Hunter questioned whether there have been complaints or whether this will save money. After some discussion, Hunter moved, Masin seconded a motion to table this to June 20., Aye: 5 Nay: 0 A. Personnel Items Item 1. It was recommended to accept tf iA fesignatb :of Ken Conyers,Sergeant in the Police Department. Item 2. It was recommended to apse the liii I g of Jerry Serier as a patrol officer in the Police • Department effective June 19, 1995. Item 3. It was recommended to approve the hiring of Paul Graham as Park Operations Supervisor. Item 4. It was recommended to approve the hiring of Rachel Collingham,Alesia Dandurand,Jasen Groff, Shannon Haugh, Troy Johnson, Katie Jorgenson,;Heather Kjos, Kim Larson, Mark Wahlstrom, Robin • Stubblefield, Jute VandeWalker, Stephanie:Z';;','};iiit tnie Perry as seasonal recreation.leaders. • Item 5. It was recommended to approve the hiring of Del** Gretsfeld, Michelle Huss, Alison Johnson, Brian Larson, Keri Muench,Tracey Muench,John Wahlstro'rr Patricia Valusek, Lisa Heine,Joseph Wills, Bonnie Keeler, Kelly-Jo Tetfer, Jillian Magner, Lindsey Dickifts,on, Kate Jensen, Andrew Beecher, Alicia . .... ............. ....... EAGAN CITY COUNCIL MINUTES;JUNE 6,1995 PAGE 4 Orlando, Brandie Molde, Amy Smiler, ,$ssica Lentsch, and Meghan Doherty as seasonal recreation assistants. Item 6. It was recommended to approve i.o :iaf J& .Fb ds as a seasonal pre-school instructor. Item 7. It was recommended to approvs ie hiring of Daniel Elling, Jason Lane, and Tyan Trullinger as seasonal street maintenance workers. Item 8. It was recommended to approve the hiring of Phillip Hassett and Hallie Hoffman as seasonal park attendants. • Item 9. It was recommended to approve:*hiring of Kevin Doehling, Lynn Hanson,Jill Isebrand, Paul Kivi and Erik Sloboden as seasonal park ma rtnance iiiiiorkers. Item 10. It was recommended to approve:#kie hiring 0.0elinda Cohee as seasonal tennis director and Molly Hansen and John Hayden as seasonal ten>1fs.�nst>la4tors,. • B. plumbers Licenses. It was recommended to'approve tFiirimbers licenses for A. C. Doyle Plumbing, Larson Plumbing Inc., Wm. Fl Ridler Plumbing & Heating, Scherer Plumbing and M & W Water & Sewer Inc. as presented. C. Resolution. Fish Lake Phase II ,Grant Aareement. It was.recommended to approve the resolution authorizing execution of the grant agreement and desipnatin0 project representative. D. Chanae Orders.Police Department/AkiirOm'ii:Centeruiidina Protect. It was recommended to approve the 22 change orders as presented. E. Amend City Code 16.37 and 10.01 IkeidgifitOltoming of Solid Waste Haulers of Construc- tion/Demolition Debris. (this item was referred back•to':tl Sgid Waste Abatement Commission) F. Execution of Cooperation Aareement Supplement - County Community Development Block Grant proaram. It was recommended to approve the execution'of the supplement for participation in the County Community Development Block Grant Program. G. Resolution Terminatirla Moratorium. Scsrit1ieast Indj{sttiatArea. It was recommended to approve th resolution. • H. Final Subdivision. Lentsch's Deerwood Pointe. '(This item was cemoved from the agenda) I. Final Subdivision. Best Brands 2nd' iorr:::.11::w:as;.rel ommended to approve the final subdivision. J. Psoiect 689. Haves Addition Storm Sewer. It was recommended to receive the petition and authorize the preparation of a feasibility report. K. Protect 676. Duckwood Estates Streetlights. It was recommended to receive the final assessment roll • and schedule a public hearing for July • L. Contract 93-J. Oak Cliff Ponds 2nd Atkcfifion Utilities. '14 40 recommended to acknowledge completion of Contract 93-J, and authorize perpetual'maintenance by'ts'ty forces. • • EAGAN CITY COUNCIL MINUTES;JUNE 6,1995 PAGE 5 M. Approve 7-1-95 to 7-1-96 General In ence Renewal. It was recommended to approve the general insurance renewal. N. Wellhead Protection Groundwater MotiOttipt04004400ement. It was recommended to approve the agreement. O. Authorize Staff/City Attorney's Officega1raft New Solicitation Ordinance. (This item was tabled to July 11, 1995.) P. Massage Therapist License/Mary McGuire Lynch/Lifetime Fitness. It was recommended to approve the massage therapist license as presented, Q. Commercial Refuse Hauler cense lii cited Vlt to Transfer Inc. (This item was removed from the agenda.) R. City Code Amendment/Chapter 10/Droa,(4ipepsi mkkenew*s.. (This item was tabled to June 20, 1995.) • • S. Contract 95-06. 1995 Sealcoat Program. It was recommended to approve the plans and specifications and authorize the advertisement for competitive bids. - T. Project 661 R. Sibley Terminal Yankee Doodle Road Audit. It was recommended to receive and accept the Pubic Works Committee recommendations regarding theic;audit of costs for Project 661 R. U. Approve Appointment of City's Fiscal Cogsul eki:: s'recommended to approve the appointment of Springsted as the City's fiscal consultant.:: • ' • s: V. Extension of Time for Filina of Preli►i'mfrri t �:BiOcilyision for Easter Addition. It was recommended to grant a 90 day extension of time for filing the preiimitx ry tsbcdivision for Easter Addition. Wachter moved, Hunter seconded a motion to approve the consent agenda.,Aye: 5 Nay: 0 :. / %/'1:G•4"41i<,G:'•&: VACATION OF DRAINAGE AND UTILITY EASEMENTSMLLAS OF VIOLET LANE After Introductions by Mayor p,*it Adit ij slr for Hedges, Mayor Egan opened the public hearing to anyone wishing to speak. : here berOlio one wishing to speak, Mayor Egan turned the discussion back to the Council. Awada'moved, Wachter secondeda motion to continue this_to June 20, 1995. Aye: 5 Nay: 0 PROJECT 665, BLACKHAWK ROAI::$' ` E :* UAIUaTATION/FINAL ASSESSMENT HEARING After an introduction by Mayor Egan,Administrator Hedges noted that two objections were received today: one from Sharon K.Swenson,4351 Jennifer Court;and William J.Cardinell,3625 Blackhawk Road. Director of Public Works Colbert then gave a staff report,'noting that the John Pomroy property was incorrectly assessed. He noted it is recommen..d:;U t the assessment be reduced to $2,000. He also noted that the S. K. Swenson assessment'! lf: ipa d.should be deleted. Mayor Egan then opened the pubic hearing to anyone wishing to..$1ak Bill Cardinell, 3635 Blackhawk.Road, indicated that:Jig objection was that there Wasn't a physical survey done to verify the double Io :Ai quivalent. There:::eke ke some topography issues that make it EAGAN CITY COUNCIL MINUTES;JUNE 6,1895 PAGE 6 questionable as to whether this could eve lie used as two lots. After considerable discussion concerning • whether another home could be built ;n'ti:::the property, Councilmember Awada suggested' that the assessment roll be adopted and that staff,be.diregted,to.do a survey to evaluate whether another home could be put on the property. Director ot'ffzitiet0A 4 Cglbatt1irequested clarification as to what type of survey the Council wants. Councilmembi i:Aio►wada'ildtie'siisdfie do whatever is necessary to make this determination with minimal cost to the city;.;: There being no one else wishing'tospeak,Mayor Egan turned the discussion back to the Council. Awada moved, Hunter seconded a motion 'to close the public hearing and approve the modified final assessment roll for Project 665,with the exception of parcel#10-01700-010-78, authorize Its certification to Dakota County,and authorize staff to survey parcel#10-01700-010-78 to determine whether the double • lot equivalent is appropriate. Some discussion followed. Aye: 5 Nay: 0 RESOLUTION APPROVING TAX EXOMPT FIN ACING FOR YMCA OF GREATER SAINT PAUL After an introduction by Mayor Egan, Adrri&il trator Hedges explained the request. Mayor Egan then opened the public hearing to anyone:w4.isrg:ta:sp?aIc:.:.These being no one wishing to speak, Mayor Egan turned the discussion back to the Cotihiil;::::AWadiii:'rrj t ed;.Wachter seconded a motion to close the public hearing and approve the resolution giving preliminary approval to the project, the issuance of commercial development revenue notes and authorizing the preparation of necessary documents. Aye: 5 Nay: 0 CONDITIONAL US.E:ip0Mt -WALMART After introductions by Mayor Egitriariti''Adminisfrator Hedges, Community Development Director Reichert gave a staff report. . Hunter moy:ed,:;Ma in seconded a motion to approve the conditional use permit for outdoor storages of shopping carts'ftir: :pt 1.clock 1, Town Centre 70 11th Addition, subject to the following conditions: • 1. This conditional use permit shall permit the outdoor storage of shopping carts located within the cart storage wall. 2. No other outdoor storage/sales/display is permitted. 3. The enclosure shall be constr.uc do :the$cape:a erior building material and painted to match the principal building 4. No signage shall be permitted on the cart storage walls 5. The conditional use permit i tig:be:dsdart ¢,yuith,the Dakota County Recorder's Office within 60 days of approval from tFja: i:::g.jfi 0f?i?9goI hg shall be provided to the City prior to any building permit issuance. "" Aye: 5 Nay: 0 CONDITIONAL.:.IISi RMIT-RENTABLES • After Introductions by Mayor Egan end AdministtatQ1 Hedges, Community Development Director Reichert gave a staff report, noting the:P3anning CommisgtO is recommending denial because they felt there should be no outdoorstorage associated with rental shojis in Neighborhood Business zones and there was a concern about setting a precedeht;resides the inconvAtibility issue,the outdoor storage ordinance • EAGAN CiTY COUNCIL MINUTES;JUNE 6,1995 PAGE 7 specifically states.that it shouldn't take uparking space. Mayor Egan asked whether these trucks could be stored off-site. Charles Simcox, the applicant, indicated it Is possible; however, it would require three employees to do that and he was only intetid4:1g..o;.tgue one atpployee. There really isn't any place in the imm diate area that they could be Councilmember Wachter asked iw many trucks he has, and Mr. Simcox responded that they currently have two and are allowed a ma> ium of four. • Coundimember Awada asked whether they could be stored in the back of the building. Mr.Simcox responded that there was a concern about getting fire trucks back there if the trucks were parked in the back of the building. Also, his company is only allocated two spots in the back of the building for tenant • parking. Councilmember Wachter suggested he work'out something with management for some of the spaces behind the empty stores for novi:4:with the understanding that they would have to forfeit them if a tenant moves into that space. Councilmen' 'ier Masli:i*sked whether there are any additional spaces above what is required by the ordinance. Mr. Sttieox indicated there are nearly 200 stalls,and he has never seen the parking lot even half full. Community'Developr>'ie'rit Director Reichert noted that there is a lot of vacant space in this strip mall right now. She::iflo'ies':#s t:•ion te.rm :.perhaps this should be zoned General Business rather than as a retail neighbor lath teRAtii tise:I:idoesn`t have the visibility needed to be a retail center. Mayor Egan.concurred, noting there are many natural constraints on that property. Some discussion followed concerning the letter of objection from Mr.Stalland who indicated he intends to develop his property sometime in the future. Discussion followed concerning setting a precedent. Mr.:Simcox noted that he voluntarily restricted the amount of equipment they would handle. He never:;:t#t siiiht of vehicles parked in a parking lot as 1 4;i0i storage so he never felt this was in violation of City:: iien Ryder suggested other large equipment, he considered that to be outdoor storaga.:bei"eusa Ifvvasii't motorized. Councilmember Awada indicated she feels this would set a precedent. Sbi0:woiild be wiliiijg to consider storage behind the building, but it would still set a precedent. Councilmembef::Hi}riter•questioned whether it would set a precedent, noting that this is a financially distressed neighborf ood strip:tnalJ.., He asked whether the Council could deny a • . request such as this in another neighborhood strip'ritd#t i t wasn't financially distressed. City Attorney Sheldon stated he doesn't believe that financial distress stioii3ci:be the sole criteria to rely on; however, he noted that there were a number of issues raised besides financial distress. Mayor Egan noted the physical constraints of the property. He concurred with allowing parking the trucks in the back of the building. Although it may be precedent-setting, he feels it is justified in this case. Community Development Director Reichert indicated she believes that the planned development agreement on this'property does not allow storage In the back of the building, and it is:a fairly narrow area. She added that there is residential property next door. She pointed out an area.in't#te fr : #iat:would be the least visibly impacting location on the property. Councilmember Hunted rd cafedit*i'a:iiresfiannt to deny this, but is also concerned about setting a precedent. He feels there is MifificatioriVgranting this conditional use permit and it could be narrowly focused. . Councilmember Wachter noted h ra;ata:a} by:gad ptations that have rental trucks. The gas station adjacent to this strip mall doesn't have t#iil3tii,':isi;o-tiik:idisitgR : it would be objectionable to anyone. Also, due to the low occupancy of this strip mall, he doesn't feel these parking spaces are needed at this time. Councilmember Masin noted that this is zoned Neighborhood Business. It would set a precedent if it is approved. She is concerned that if this area is someday fully developed and this wasn't appropriate, the Council wouldn't be able to remove It. .Qri:t#rie; ter.hand, there are many trucks and buses parked there now anyway. Mayor Egan noted.ti a :tilii::**en a problem property, and due to physical constraints and economic considerations; ''is willing to on$gIer approving this He feels the Council has to look at this situation as it currently Mists, not as it was. he past. He feels the Council needs to do what they can to enhance this properly.,. and he feels this:,# the best economic development for that - location. Councilmember Masin aske4* ether the Councitiaan approve this with the stipulation that this • • EAGAN CITY COUNCIL MINUTES;JUNE 6,1995 G' PAGE 8 • be looked at again In five years. Comment* Development Director Reichert noted that If this business is discontinued for six months, Unless anotke;tirentai shop goes in within that six month period,the property loses the conditional use. She added that This strip mall Is unique in that doesn't have frontage on a main roadway. • Hunter moved,Wachter secondest;a motion to approve the conditional use permit to allow outdoor storage of rental trucks in association witl :##te rental shop located at 4130 Blackhawk Road on Lot 1,Block 1, Blackhawk Plaza, subject to the follovriinb conditions: 1. The site shall be maintained. 2. Outdoor storage/display shall be Gritted to four rental trucks. • 3. The trucks shall be parked tae four Viking stalls nearest Lot 5, Block 1, Blackhawk Plaza. Aye: 3 Nay: 2 (Awada, Masin opposed;: PRELIMINARY::SU 1 IV1S1.Q l .'.1 AYES ADDITION After introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report. She noted that Engineering staff recommended an additional condition that the developer is responsible for all costs associated with the development's share of the storm sewer cost under Project 689. The applicant is asking for a small portion of the street to be postponed because Highview Avenue is just a bituminous overlay and is in the 1.996:Capital Improvement Plan to be upgraded. - He would lke ft postponed and done as part of that:.00Iali:#sxoject. Councilmember Hunter questioned whether the city can add a condition thet•.they;:; na;iexecute .a waiver of objection to those future assessments. Director of Public Works. biberi indicated they can; however, he felt that the condition as it is worded would allow them more fte*ifiiiii*.and optiorts;for the applicant to fulfill that responsibility. •Councilmember Wachter expressed his'dis p ltitment that the applicant is filling in a stream. Usually,it is considered an enhancement to the property :::i biuncilmember Masin concurred. After some discussion,Brian Hayes,the applicant,disagreed, noting that this is a storm sewer and the pipe runs down the middle of the stream and it Is rusted through and corroded. He has petitioned for storm sewer for this area. The septic system for the house runs into it as well. It has been used as a dump for construction. He would love to see a nice stream running through the property, but it just isn't practical to clean it up. Considerable discussion followed concerning what could be done to clean up this stream and the installation of storm drain in the area. Perforated piO::was discy se .; Councilmember Wachter stated that the applicant Is destroying a natural amenity;: :fiethapp: pne would be willing to pay more,to keep it indicated he would Gke to see what couu10.:1ie dorieip preserve this stream. Masin concurred. Hunter moved, Awada second a motion.to approve the preliminary subdivision for Hayes Addition, consisting of four single famil iilots.q(1.1::.925 acres on Lot 1, Block 1, Joseph Spande Addition, In the southwest quarter of Section 4, e * e foftc ::conditions: 1. The developer shall comply with standard conditions of plat approval Al, B1, B2, Cl, C2, D1, El, Fl, G1 and H1, as adopted by Council on February 3, 1993. 2. Architectural designs and construction:methods for new construction within the development will incorporate sound attenuatic i;i t ldti#g.$ufficient to achieve an interior sound level of 45 dBa. • 3. A notice will be recorded oii each lot indicating:that it is located within Metropolitan Council Aircraft Noise Zone IV. EAGAN CITY COUNCIL MINUTES;JUNE 6,1995 • PAGE 9 1\ 4. The development will be respiiias1bie for a cash water quality dedication. 5. The developer will be required Wgisii..a : $t #I0:i$1ty layout plan with the final plat submittal that shows,how sewer and wateli *Rr e:i i :WgiftiVided to each lot. 6. The sewer and water service or Lot 1 will be required to connect to Bridgeview Terrace. 7. The sewer and water services for Lot 2 will be located in the opening in the trees that will be left where the old garage will be removed. 8. The driveway connection for Lot 1 will be required to connect to Bridgeview Terrace. 9. The driveway for Lot 2 will 4:0 to be ocated in the opening that will be created in between the trees where the old garage:will be 0,0oved. 10. The development shall be responsible..•for..upgrading adjacent City streets to current City standards. 11. The final grades along the ravine will need to be revised to accomplish a maximum of 3:1 • slopes in:the backyard areas of Lots 2, 3 and 4. 12. The developer shall not grade within the wetland boundary. 13. The developer shall abandon all well and p€.•lp.:systems on the site according to Dakota County and City standards. • • 14. This development shall be siitiiect•to.a cash:Varks dedication. • 15. This development shall be subject to''iai:tr$*Aedication. • • 16. Individual lot Tree Preservation Plans will be required at the time of building/grading permit • application. 17. The subdivision be platted. 18. Must meet with neighbors befb p::r..:cityy Council•meeting. 19. The developer shall be respci#igible ford :edsts associated with the development's share of the storm sewer cost under Pr6j66'l 689. 20. Applicant must execute a wili er of.ct ibn to assessments for adjacent street improvements scheduled in the Capital In digitfel € .ilenti: Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMIT-RICHARD COSSETTE • After Introductions by Mayor Egart.00414fttor Hedges, Community Development Director Reichert gave•a staff report. Awada moved, Hunter seconded'a motion to approve a preliminary subdivision for Kenneca Development consisting of 1.4 acres at if,:ftwo lots on Lot 6,Mock 2, Cedar Industrial Park, subject to the following conditions: EAGAN CITY COUNCIL MINUTES;JUNE 6,1995 • PAGE 10 1. The developer shall comply+ivttki•standard conditions of plat approval Al, B1, Cl, C2, C4, D1, El, F1, G1 and H1, as adopted by Council on February 3, 1993. 2. The developer shall plat the 3. The developer shall revise tl Site Plan to provide 10'wide standard parking stalls. 4. The developer' shall revise the Landscape Plan to incorporate additional plant material that includes a mixture of overstory and understory deciduous and coniferous material to provide screening and year round color. All plant materials shall meet the City's minimum size requirements. Aye: 5 Nay: 0 Awada moved, Hunter seconded:'a motion:0 approve a conditional use permit,to allow outdoor storage of impounded vehicles on Lot 1,Blopk?.,:Ketlrieca Development,subject to the following conditions: 1. The site and privacy fence siiall'tie' liciti.iaitcr)• 2. Outdoor storage of vehicles shall be-limited to impounded vehicles; no junk vehicle storage shall be allowed. 3. The vehicles storage shall be screened and nonage shall extend above the screening. 4. The parking/storage area shall be.up saddd to'current City standards by November 1, 1997. 5. Impounded vehicles shall bc'sfored on site:fi r no longer,than 90 days. • Aye: 5 Nay: 0 • Councilmember Masin reminded staff that a letter needs to be written to the Planning Commission • since the Council went against their recommendation on the conditional use permit for Rentabies. She also noted that the Dakota County League of Governments cancelled their brunch that was scheduled for the League of Minnesota Cities conference, and::reywed some•;of their upcoming activities. Councilmember Awada asked fel:'p schei#iule::bf'the.teague of Minnesota Cities conference, and requested that a letter be written to tie League::.i5# Minnesota Cities requesting that they have their conference over a weekend instead of: tying the meek. Discussion followed concerning car pooling and schedule for the conference. :•:•:•••• Councilmember Hunter made tiiife''bfP'mancii E�if'eir Gene VanOverbeke's election to District #196 School Board. Mayor Egan noted that the Dakota County Economic Development Partnership will hold its next meeting on June 22, and will be hosted by the City;of Eagan. • Additional City Hall Project D'e'dLctions. Mayor' gan noted that these were handled as part of the Consent Agenda. • • • • EAGAN CnY COUNCIL MINUTES;JUNE 6,1995 PAGE 11 Bid Alternate to the Municipa;:remodelling/Expansion. Administrator Hedges noted that Coundlmember Wachter requested that some analysis be done on building the concrete patio adjacent to the lunch room and community room of thk*i.1i 104:::t i that was taken out as a bid alternate. Councilmember Wachter noted that he employees to have this, but due to the cost, he feels It should be dropped Wig the building is done and then take another look at It. Councilmembers concurred. After some:i:Ocussion, Wachter moved, Masin seconded a motion to delay consideration of the construction of the ednbrete.patio as a bid alternate at this time. Aye: 5 Nay:- .0 Director of Public Works Colbert;noted that regarding the utility installation for the Deerwood Townhomes project,there is a property der who:.ts.reluctant to grant a right of entry to allow the project to continue. In reviewing the past actialii:iaPprovir43his project, it was determined that authorization to acquire easements, using condemnatiorj::i#:necessa was inadvertently not requested. Awada moved, ' Hunter seconded a motion to authorize the: ity to a quire easements for utility installation for the Deerwood Townhomes project, using condemnation;jfmmeery,:hy,e:.. ,Nay: 0 • City Attorney Sheldon noted thaf he'appeiifed'before nit court of appeals on the Remo Caponi v. City of Eagan, so a decision can be expected in the next 90 days. ' • Administrator Hedges noted that Eagan will be featured on WCCO news on Wednesday evening. Some discussion followed. Councilmember Wachter asked about tree.repo daiiisiiit at the water treatment plant, and Director of Public Works Colbert responded that it wilk.be i(ick e::b ::the City Forester. They negotiated a settlement with the contractor. Councilmember Wachter expressed:a.epinctabQut lead in the water near the gun club,and would like to give the authority to the city to test the we116::60ktlio:c lri club. Director of Public Works Colbert indicated the county health department may already regiiir$tl to maintain their well permits, but he can check into it. After considerable discussion,Wachter moved,Awada seconded a motion to do lead testing of wells between Dodd Road and T.H. 3 and south of Cliff Road to the city limits in the vicinity of the gun club. Aye: 5 Nay: 0 Councilmember Wachter asked about the feasibility of having plumbing inspectors size the water meters, and Director of Public Works Cotkett:tamonde. .;hpx:xhey are already doing that. Councilmember Wachter expreesi?d conilOtkiibout the proposed development In Inver Grove Heights. He is concerned that the city`f doing thi's:piecemeal-development for Inver Grove Heights and he feels this is wrong. He feels Inver%I:100 Heights:$Mould have their own comprehensive guide plan. He doesn't feel staff should spend any nictif arils:on?tis 4ntii.their plan is in place. Councilmember Hunter indicated'ffiaf`ttie direc4aiit den was to work with their staff and come up with a plan. He feels the city should put more of the onus on Inver Grove Heights to come up with a plan and use their own engineering funds or hire a consultant and when they have a plan, then It can be reviewed by us. Inver Grove Heights would then be billed for that review. Councilmember Awada stated she feels it is more advantageous to write:the::;glen rather than respond to one written by them. Councilmember Hunter noted that the city tt :Ilia:oi':t1 u s to do and limited staff. He doesn't think that Is fair to Eagan constituents. It takes avOifieitii project The,city needs to address. Wachter concurred, Indicating the needs of Eagan residents; ld come first. Aministrator Hedges noted that he sent a letter to the Inver Grove Heights city administrator, asking them''W sign the acceptance letter and he has not received it back. Councilmember Hu'rttOsuggested that nq:More work be done on this until the letter Is received back from Inver Grove Heights :::4 .131Aptolikie l e noted that Inver Grove Heights sent us an EAGAN CITY COUNCIL MINUTES;JUNE 8,1995 • PAGE 12 • agreement, but It Wasn't acceptable. The. ty attorney's office has redrafted it, but the proper engineering analysis for system compatibility design needs to be In the agreement. Director of.Public Works Colbert noted there are operational Issues that Aift n?d kiwi Vt::with. Considerable discussion followed concerning community priorities and staff:retiticcei : Councilmember Wachter requesphat the information from the Public Works Committee meeting be forwarded to Mike Gresser. Councilmember Mash noted that at the A.M.M. annual meeting, Mayor Egan was elected vice president. Councilmember Masin noted tha'r:gfie was impressed with the letter from the Governor on his veto - of the tai(base sharing bill. She suggesfi9ifwriting :Ietter to the Governor expressing appreciation for the points he made and for vetoing the bill. :; ouncilmenlbers concurred. Councilmember Masin suggested;xiiat#ha•Irity,cons[der having homes checked for code compliance before being sold. Administrator Hedgaiiind c afpd he:: ; :'into.it, noting there are staff and liability issues to be considered. Councilmember Masin noted she received a request from a long-term resident who Ives near the civic arena site requesting that the arena be named the Joshua Memorial Arena after a family pet that was buried on the site. Councilmember Hunter suggested that a Cotten:::Qolicy be drawn up relative to Council consideration of new ordinances, stating that they,.14;•CO11$k Bred either under old or new business, or at a Council work session. Councilmembers Wachter moved, Egan seconded a motionto:Or (?..the check register dated June 2, 1995 in the amount of$3,684,315.97.• Aye: 5 Nay: 0 • The meeting adjourned at 9:38 p.m. to continue the work session. DLP • Date City Clerk If you need these minutes in an altemative'!o'ims'iicfi' 'iiaiitie print, braille, audio tape, etc.,please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454- 8535). The City of Eagan Is committed to the policy thaI:plf:Rersons have equal access to Its programs, services, activities, facilities and employment without000:P5Q ;color,creed,religion,national origin,sex,sexual orientation, disability, age, marital status:br.i.btiu's�'iN4th . and to public assistance. • Agenda Information Memo June 20, 1995 Eagan City Council Meeting CONSENTAGMA There are twenty-one (21) 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 Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. Water Technician/Maintenance Supervisor-- ACTION TO.BE CONSIDERED: To approve the hiring of Michael Chell as the Water Technician/Maintenance Supervisor in the Utility Division. FACTS: After interviews, it is the recommendation of Director of Public Works Colbert, Utilities Superintendent Schwanz and Assistant to the City Administrator Duffy that Michael Chell be hired as the Water Technician/Maintenance Supervisor for the Utilities Division. Item 2. Seasonal Park Attendant-- ACTION TO BE CONSIDERED: To approve the hiring of Emily Bartel as a seasonal Park Attendant. FACTS: After interviews, it the recommendation of Park Department personnel that Emily Bartel be hired as a seasonal park attendant. Item 3. Seasonal Recreation Staff-- ACTION TO BE CONSIDERED: To approve the hiring of Chad Stepan, Rachel Forde, Beth Beecher, Courtney Kjos, Nicole White and John Spangler as seasonal recreation staff. Agenda Information Memo June 20, 1995 Eagan City Council Meeting FACTS: After interviews, it is the recommendation of Parks and Recreation Department staff that the above named persons,be hired as seasonal recreation staff. Item 4. Youth Development Program Aide-- ACTION TO BE CONSIDERED: To approve the hiring of William Lee Brown as a seasonal Youth Development Program Aide. FACTS: After interviews, it is the recommendation of Youth Development Coordinator Ashley that William Lee Brown be hired as a program aide. Item S. SoftbaII Camp Directors-- ACTION TO BE CONSIDERED: To approve the hiring of Sandra D. Hillyer and Kathleen Fletcher as seasonal Softball Camp Directors. FACTS: After interviews, it is the recommendation of Superintendent of Recreation Peterson that Sandra D. Hillyer and Kathleen Fletcher be hired as seasonal Softball Camp Directors for the four day softball camp sponsored by the City of Eagan Parks and Recreation Department. Item 6. Seasonal Tennis Instructor-- ACTION TO BE CONSIDERED: To approve the hiring of Mia Michelle Battistone as a seasonal Tennis Instructor. FACTS: After interviews, it is the recommendation of Superintendent of Recreation Peterson and Tennis Director Cohee that Mia Michelle Battistone be hired as a seasonal Tennis Instructor. ,� r� — I — Agenda Information Memo June 20, 1995 Eagan City Council Meeting The additional Tennis Instructor is necessary because of high amount of registrations for this program. Item 7. Seasonal Utility Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Tammy Rae Wheelock as a seasonal Utility Intern in the Utility Division. FACTS: After interviews, it is the recommendation of Utility Operations Supervisor Janes that Tammy Rae Wheelock be hired as a seasonal Utility Intern for the Utility Division. Item 8. Seasonal Forestry/Streets Intern-- To approve the hiring of Mark Rehder as a seasonal Forestry/Streets Intern. FACTS: After interviews, it is the recommendation of the Supervisor of Forestry Hove that Mark Rehder be hired as a seasonal Forestry/Streets Intern. Item 9. Eagan High School Work Study Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Debbie Severson as an Eagan High School Work Study Program Intern. FACTS: After interviews, it is the recommendation of Director of Parks and Recreation Vraa that Debbie Severson be hired as the Eagan High School Work Study Program Intern for the Parks and Recreation Department. For your information,work study program interns work full-time during the summer and then work part-time based on school schedules when school is in session. 3 Agenda Information Memo June 20, 1995 Eagan City Council Meeting Item 10. Resignation/Clerical Technician III/Finance Department-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Clerical Technician III Tina Zink, Finance Department. FACTS: The City has received a letter of resignation from Clerical Technician III Tina Zink. It would be in order for the Council to accept this letter of resignation at this time. As usual when there is a resignation,the department is evaluating its organization to determine what would be the most efficient and effective organization for that department. Item 11. Seasonal Park Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Matthew Jacobson as a seasonal Park Maintenance Worker. FACTS: After interviews, it the recommendation of Park Department personnel that Matthew Jacobson be hired as a seasonal Park Maintenance Worker. Item 12. Seasonal Ballfield Attendants-- ACTION TO BE CONSIDERED: To approve the hiring of Sean Mailaner and John Hassett as seasonal Ballfield Attendants. FACTS: After interviews,it is the recommendation of Parks Maintenance Supervisor McGuffee that Sean Mailaner and John Hassett be hired as seasonal Batlfield Attendants. --- - - - r V - ---- • Agenda Information Memo June 20, 1995 Eagan City Council Meeting Item 13. Collective Bargaining Agreement/Clerical Unit-- ACTION TO BE CONSIDERED: To approve the bargaining agreement with the clerical unit for 1995/1996. FACTS: As the Council is aware, the City has met in two mediation sessions with the representatives of the clerical unit regarding the 1995/1996 collective bargaining agreement. At the last mediation session held on Wednesday, June 14, 1995, the bargaining committee of the clerical unit agreed to recommend to the clerical unit that they accept the City Council's last offer. The unit as a whole is meeting on Monday, June 19, 1995, to vote as to whether or not they will accept the offer. If the unit does approve the acceptance of the Council's last offer, this item will remain on the consent agenda. If it does not, it will be pulled. Additional information regarding the terms of the last offer will be furnished with the Administrative Agenda packet on Monday, in order to give the bargaining committee time to inform the unit as a whole as to the offer. Agenda Information Memo June 20, 1995 Eagan City Council Meeting B. RESOLUTION, AUTHORIZING EXECUTION OF SAFE AND SOBER GRANT ACTION TO BE CONSIDERED: To approve a resolution authorizing execution of the grant agreement with the Minnesota Department of Public Safety Office of Traffic Safety and the Eagan Police Department for the project entitled "Safe and Sober Communities." FACTS: The Eagan Police Department has been awarded a grant from the Minnesota Department of Public Safety for the Safe and Sober Communities project which will run during the period from October 1, 1995 through September 30, 1996. A resolution authorizing the execution of the agreement needs to be passed in order to enter into the grant agreement. ATTACHMENTS: • Resolution authorizing execution of agreement, page 7 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that The Eagan Police Department enter into a grant agreement (Name of Your Organization) with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER COMMUNITIES during the period from October 1, 1995 through September 30, 1996. Patrick Getman, Chief of Eagan Police Deptis hereby authorized to execute such (Name and Title of Your Authorized Official) agreements as are necessary to implement the project on behalf of The Eagan Police Department I certify that the above resolution was adopted by the City Council (Executive Body) of Eagan, Minnesota on June 20, 1995 (Name of Your Organization) (Date) SIGNED: WITNESSETH: Va....a/41AL- (Sign (Signature) City Clerk Mayor (Title) (Title) - 20 — 45 - 20 - ctS (Date) (Date) r7 Agenda Information Memo June 20, 1995 Eagan City Council Meeting C. RESOLUTION PROCLAIMING JUNE 28,_1995 VOLUNTEER RECOGNITION DAY ACTION TO BE CONSIDERED: To approve a resolution proclaiming June 28, 1995 as Volunteer Recognition Day in the City of Eagan. FACTS: The City Council very much appreciates the time and service contributed to the community be volunteers and wishes to recognize this. In addition, the City Council will sponsor a volunteer recognition picnic the evening of June 28, 1995, to officially recognize volunteer members of the City's advisory commissions. ATTACHMENT: • Resolution proclaiming Volunteer Recognition Day, page . CITY OF EAGAN RESOLUTION NO. PROCLAIMING JUNE 28, 1995, VOLUNTEER RECOGNITION DAY IN THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan wishes to acknowledge the time and service contributed to the community by volunteers; and WHEREAS, volunteers, by their dedication and hard work, have improved the quality of life for many people throughout the community; and WHEREAS, this dedication and volunteering spirit should be commended and fostered in our citizens; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eagan, Dakota County, Minnesota, that June 28, 1995, be recognized as Volunteer Recognition Day in the City of Eagan. CITY OF EAGAN Motion made by: CITY COUNCIL Seconded by: By: Its Mayor Those in favor: Attest: Against: Its Clerk Dated: CERTIFICATION I,E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, hereby certify that the foregoing Resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 20th day of June, 1995. E.J. VanOverbeke, City Clerk City of Eagan Agenda Information Memo June 20, 1995 Eagan City Council Meeting D. RECOMMENDATION, AIRPORT RELATIONS COMMISSION, COMMENTS REGARDING SECOND PHASE SCOPING REPORT FOR DUAL TRACK AIRPORT PLANNING PROCESS ACTION TO BE CONSIDERED: To adopt comments to the Metropolitan Airports Commission with respect to the second phase scoping report, a study document for the dual track airport planning process. FACTS: • The City of Eagan has taken an active role in the dual track airport planning process since its inception. • The second phase scoping report is a precursor to the environmental impact statement for the dual track airport planning process. It is intended to identify the options to be considered and the environmental criteria to be applied. ISSUES: • To what extent does the second phase scoping report adequately address options and environmental criteria? ATTACHMENTS: • Staff memorandum on page i( • to 111111N, „ 'IT!i I,,I,I I� IIJI ,irk,?ik.■ id MEMO _city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JUNE 16, 1995 SUBJECT: AIRPORT RELATIONS COMMISSION RECOMMENDATION - DUAL TRACK SCOPING DOCUMENT COMMENTS At its meeting of June 13, the Airport Relations Commission reviewed the Second Phase Scoping Document which will define the alternatives and criteria to be analyzed in the Dual Track EIS. The Commission recommended that the City of Eagan submit a comment to ensure that land banking be included as an alternative considered in the EIS. The land banking alternative is important because it would permit the region to have an option in the event that operations growth exceeds current estimates. It would also provide a middle ground between the two polar positions. In other respects, the Commission found the Scoping Document to be adequate. A istant t the City Administrator C Agenda Information Memo June 20, 1995 Eagan City Council Meeting E. RECOMMENDATION, AIRPORT RELATIONS COMMISSION, REQUEST ADDITIONAL ANOMS NOISE MONITORS AND CONSIDERATION OF MEANS TO REDUCE AIRCRAFT NOISE IMPACTS IN EAGAN ACTION TO BE CONSIDERED: To request reductions in aircraft noise impacts in Eagan and additional ANOMS noise monitors to measure noise impacts in neighborhoods. FACTS: • On the basis of complaints to both the City and the Metropolitan Airports Commission, noise is reported to be increasing in Eagan neighborhoods,particularly, in northern and eastern Eagan. • The City has historically taken positions with the Metropolitan Airports Commission to mitigate noise impacts on residential areas. • The City has also historically provided noise compatible land uses where noise impacts could be anticipated. ISSUES: • Should the City request additional noise mitigation and noise measurement methods in response to these impacts? ATTACHMENTS: • Staff memorandum on pages (3 through /'�' . ( c2 ,io , ftlq, ,,Titid 'fip,', Rki$, ` MEMO _city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JUNE 16, 1995 SUBJECT: AIRPORT RELATIONS COMMISSION RECOMMENDATION-CURRENT AIRPORT OPERATIONS At its meetings of May 9 and June 13, the Airport Relations Commission recommended several positions for Council consideration and referred others to their Current Operations Subcommittee for further development. Their present recommendations are outlined as follows: 1. Improve Compliance with Current Corridor Standards - Comments from residents in northern and eastern Eagan and flight track information indicate that aircraft noise nuisance has increased dramatically in those areas. At least part of this is due to the fact that an average of ten percent of all operations southeast of the airport are south of the corridor. In a typical month, this can account for over 600 operations affecting Eagan neighborhoods to a greater extent than is appropriate. The Commission is recommending that the City strongly reiterate its position with respect to the corridor by demanding that the FAA, MAC and airlines cooperate in improving compliance to reduce the number of operations south of the corridor to zero. 2. Improve Late Night and Offpeak Compliance with Corridor Standards - Noise nuisance in Eagan neighborhoods adjacent to the. Corridor is especially serious during the night and it is particularly bothersome when operations utilize the full width of the corridor even when they do not require it. Current standards still call for a standard heading of 105 degrees when diverging headings are not necessary. If nighttime and offpeak operations follow this standard, there is less concentration of traffic at the edges of the corridor and more distribution within the noise compatible and less populated areas. The Commission is recommending,that the City demand strict compliance with the 105 degree heading when diverging separations are not in use. 3. MAC and MASAC Representation - The Commission believes that Eagan is entitled to greater representation in MAC and MASAC due to the City's substantial exposure to the consequences of airport decisions. The MAC consists of sixteen members, fourteen of whom are appointed by the governor and one each is appointed by the mayors of Minneapolis and St. Paul. Four are appointed from greater Minnesota and two are officers. The remaining eight are appointed from districts throughout the metropolitan region. Eagan is typically represented by someone from another community despite the City's substantial impacts from aircraft operations. The Commission is recommending that the City pursue legislative and other means of ensuring representation on MAC by Eagan residents. Eagan currently has only one MASAC representative despite being the fourth largest City in the organization. Richfield which is smaller has two representatives while Mendota Heights, Inver Grove Heights and Sunfish Lake each have a representative despite their combined population being less than two-thirds of Eagan's. The Commission is recommending that the City demand expanded representation for the City of Eagan in proportion to its population, overall exposure and nighttime exposure to aircraft operations. 4. Additional ANOMS Monitors - The MAC's automated noise monitoring system. has the capacity to be expanded. Currently there are three monitors in Eagan located within or immediately adjacent to the corridor. At the time the system was developed, Eagan also indicated the need for monitors at the corridor boundaries to determine noise levels in neighborhoods and whether the corridor is absorbing the worst of the noise. Since the current system of twenty-four monitors has been in place for over two years, the Commission is recommending that the Council formally request additional ANOMS monitors in Eagan. Staff would recommend that these be placed in the Woodlands and Coventry Pass neighborhoods and near Pilot Knob School. If Runway 4/22 is extended, the City would also need monitors in neighborhoods near Highway 13. These recommendations largely reflect existing policy, but the Commission recommends that strong statements be made in their regard to keep the City's agenda before the airport, FAA and airlines. If you or any member of the Council has any questions, please let me know. Assi ant to the City Administrator Agenda Information Memo • June 20, 1995 Eagan City Council Meeting F. RECOMMENDATION, AIRPORT RELATIONS COMMISSION, RUNWAY 4/22 LITIGATION ACTION TO BE CONSIDERED: To authorize staff to continue discussions with 'Richfield and the Metropolitan Airports Commission to oppose the extension of Runway 4/22 because of its potential to result in a net increase in noise impacts for the City of Eagan and because it has the potential to increase the capacity at the airport. FACTS: • The Council previously authorized staff to discuss the 4/22 litigation with the City of Richfield. • The commission recommends continued participation in the 4/22 litigation discussion, but does not recommend financial participation at this time. ISSUES: • To what extent should the City participate in discussions or litigation relative to increased noise impacts in the community? ATTACHMENTS: • Staff memorandum on page (Co it• ,d1,,,,, RI li JIL�s MEMO _city eagan eag�an TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JUNE 6, 1995 SUBJECT: AIRPORT RELATIONS COMMISSION RECOMMENDATION - RUNWAY 4/22 LITIGATION At its meeting of May.9, the Airport Relations Commission recommended that the City of Eagan continue to explore participation in the lawsuit filed by the City of Richfield opposing the Runway 4/22 extension and its redistribution of noise from Minneapolis to areas southwest of the airport. The Commission's findings were as follows: 1. Eagan opposes the redistribution of noise contemplated under the extension because it will not diminish impacts in northern or eastern Eagan and it will increase impacts in western and southern Eagan. 2. Eagan opposes the runway extension because it has the potential to increase capacity of MSP. 3. While the Commission does not recommend that Eagan contribute funds to the lawsuit at this time, it suggests that the City Council remain ready to consider the option of appropriating funds for this purpose. 4. If there is a temporary redistribution of noise to accomodate reconstruction of other runways, procedures should be followed which avoid sending more traffic over Eagan. The Commission is recommending that the City Council authorize staff to continue discussions with Richfield and the MAC on this basis. If you have any questions, please let me know. a .4l g/1, Assi-`%:nt to the City Administrator 1 (0 Agenda Information Memo June 20, 1995 Eagan City Council Meeting G. ADOPT RESOLUTION/YMCA OF GREATER ST. PAUL PROJECT ACTION TO BE CONSIDERED: To adopt a resolution approving the issuance and sale of the$2,310,000 commercial development revenue notes, Series 1995 and authorizing the execution of documents relating thereto (YMCA of Greater Saint Paul Project). FACTS: • The City has been asked to provide conduit financing for the construction of a new gymnasium for the YMCA's Eagan facility and for the construction of a new facility in Woodbury. • Steve Rosholt of Faegre & Benson, the City's bond counsel, has reviewed all documents on behalf of the City. He is satisfied that the financing is in order. • A public hearing was held on June 6, 1995, and a resolution giving preliminary approval to the project was adopted. • A copy of the final resolution is available if any member of the City Council would like to review it. 1 � Agenda Information Memo June 20, 1995 Eagan City Council Meeting H. SPECIAL HUNTING PERMIT - THOMAS J LEACH ACTION TO BE CONSIDERED: To approve a special bow hunting permit for deer for Thomas J. Leach, subject to Police Department approval of the permit. FACTS: Thomas J. Leach of Inver Grove Heights, Minnesota has applied for a special hunting permit to permit bow hunting of deer at 1250 Deerwood Drive and 1260 Deerwood Drive in the City of Eagan. The person's covered by the permit would be Thomas J. Leach, Tom Leach, Jr., Dan Leach and Jim Leach. The permit would be for the 1995 Minnesota bow hunting season. ATTACHMENTS: • The special hunting permit as submitted by Thomas J. Leach, without page number. Agenda Information Memo June 20, 1995 Eagan City Council Meeting I. CHANGE ORDER, POLICE DEPARTMENT BUILDING PROJECT, MCGUIRE MECHANICAL ACTION TO BE CONSIDERED: To approve Change Order #9 for McGuire Mechanical for the relocation of water closet units in the detention cells. FACTS: • The toilet unit locations as originally designed appeared to be acceptable in review of the plans. Upon installation, it was determined that the location would tend to interfere with prisoners being placed in the cells. • Because water closet units were interchangeable, it was the Police Department's determination that they should be relocated so as to minimize such interference. ATTACHMENTS: • Staff memorandum on page. /7 „iiiii i[Irli vii ,0101 ill` - MEMO . _city of eaijan TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEI DATE: JUNE 112, 1995 SUBJECT: POLICE DEPARTMENT-MUNICIPAL CENTER EXPANSION CHANGE ORDER The City is in receipt of one change order for the building expansion project. The changes represent a net addition to the contract price in the amount of $350.00. It is detailed as follows: 1. McGuire Mechanical - Change Order #9/pco #98 - Rehang waterclosets in cells at locations to reduce interference with prisoners being jailed - $350.00. This item has been reviewed by the staff and consultants and is in order for consideration by the City Council at this time. If any Council member wishes to review the change in more detail, please let me know. 0 Agenda Information Memo June 20, 1995 Eagan City Council Meeting J. FINAL SUBDIVISION - LENTSCHS DEERWOOD POINT1 ACTION TO BE CONSIDERED: To approve the Final Subdivision,Lentschs Deerwood Pointe Addition,north of Deerwood Drive and east of Clippers Road. FACTS: • Final plans, development contract, and security agreements have been reviewed and are in order. BACKGROUND/ATTACHMENTS: (1) Plat Map , , •, I . i•11 I h n EXHIBIT A �.1.� LENTSCHS DEERWOOD 'POINTE 4QQ���(y�f.{(VEYS COMPANY. 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I.M.ar.MrM...�.4a...w..ma.taa r......1.•MN a/tala.ale MM..tale M•.as `•r^• ENGSTROM DEER WOOD ADDITION -'" •" • ••L raw.Oar ft...... SCALP.tam MINTY mar wuY as ar.N.[MOOR • - • •• .. t i -a. NI NOM TM us.sweet WM=MN wM maw-.r•N N. . .mar 4.M...m.1.am Y.r.rHw.w•Mw■le..•. .�--�-3 r--T-- M.Y .r.r...e.fra...1...1.-rW.ta...-a.r4r...M..ma1..r.11..m.a�M • Wa• :e.1.*w.r,a v II AMMO 1• I JI" tar k ...�..-...11_3.- • ••••, •r•.7P RP I a.m.1.....r . .. I- — I._ r l��,tIrsz-:.�mains- •MO OI I Vl POI V N1..1121LS I. I l` •••••w r a..........r, •Om.MM.Ina a.law a.de per.I... ..ta••Ir a.Y.as lea ala.•r••••wale w I.pH••OM • •0001.I alum r•.O ,IILLL-j•TP I - ....�..aar&M..-.•ar t K1�.•ALII •N. tale......N.•rM W -•N •15.L1 , • ' a•.r..•..• .. • a...•M ale Wow.ma 111.1 Y••.1.r I.a..r•M.OM1-a.. ••M -L. • e'.C:9 1. ... Agenda Information Memo June 20, 1995 Eagan City Council Meeting K. FINAL SUBDIVISION - VILLAS OF VIOLET LANE 2ND ADDITION ACTION TO BE CONSIDERED: To approve the Final Subdivision, Villas of Violet Lane 2nd Addition, located west of Federal Drive on Violet Lane. FACTS: • Final plans, development contract, and security agreements have been reviewed and are in order. BACKGROUND/ATTACHMENTS: (1) Plat Map, Page 2 27 as • • '-?-'—� «' I Y ?T' I i E x 1: � I • r ZI I d x . �I I 1 u• • 5 : g• F E 12 Jil • i ! i i "g. = s ■••1` f Yq. • • i 'a 3s: :? : € e s 'g in.. a .i I Is L I: •I E 5111 .: • Mr LZ g i Cr 3 . 0 O °: ?" ti 7° : = le.r i . y F . 2 V wi w' "I oo i F e e j•A- ■i 1u° A g •D S �� EVT. :.; CC it Fa 9 S ;: v: Y.Yt.11a ^ SIB • i/.;` d ��ing:e � ;=• °I .." F iz= o :�� . , 0 Y fro• - E Ise .jai 0 9' 32 1�:, . ;2i . ":: •s I a � :s�. .a ui co cc g nowni •Z• le e. /^1 w C.ri r t ' i: id;. : di : € i sic id Ii8:< : ' m y .=.F u H " O 1 a�' ! it' RQ �o :• �� I x. °;El Y'r • I.—-• 1 I �` ��°`t 1 s.} !ilk r •'X • � RI {'•.fa•%:y m ... J • w • - L: rr ..ti •• i.•.t a.¢.tcs s . / 5 1 Y • 5 = ; Oh = 4rr _ �' •5555— -- - Agenda Information Memo June 20, 1995 L. PROJECT 673.MNDOT COOPERATIVE CONSTRUCT ION AGMT FOR RED PINE LANE& TH 3 ACTION TO BE CONSIDERED: To approve the MnDOT Cooperative Construction Agreement#73642 for City Project 673 (Red Pine Lane @ TH 3 Reconstruction) and pass a resolution authorizing the Mayor and City Administrator to execute all related documents. FACTS: • As a part of the reconstruction of TH 3 necessary to accommodate the new intersection of Red Pine Lane, the City has been successful in obtaining MNDOT financial participation of approximately$496,000. • In order to obtain this financial contribution, the City must formally enter into a Cooperative Construction Agreement and pass a Resolution authorizing the Mayor and City Administrator to execute all related documents. • This agreement has been reviewed by the Public Works Department and found to be in order for favorable Council action. ATTACHMENTS: (1) • Copy of MnDOT's Resolution r a�- 73642 CITY OF EAGAN RESOLUTION BE IT RESOLVED that the City of Eagan enter into Agreement No. 73642 with the State of Minnesota, Department of Transportation for the following purposes, to-wit: to provide for payment by the State to the City of the State's share of the cost of roadway and storm sewer construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 3 from Engineer Station 4+05 (1,595 feet south of Red Pine Lane) to Engineer Station 26+15 (615 feet north of Red Pine Lane) within the corporate City limits in accordance with plans, specifications and/or special provisions designated by the City as Project No. 673-REV. and by the State as State Project No. 1921-64 (T.H. 3=001). BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and directed to execute such agreement. CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of the resolution presented to and adopted by the Council of the City of Eagan at a duly authorized meeting thereof held on the day of , 1995, as shown by the minutes of said meeting in my possession. City Clerk-Treasurer (Signature) (Type or print name) 63 5 Agenda Information Memo June 20, 1995 Eagan City Council Meeting M. REFUSE HAULER LICENSE, RANDY'S SANITATION, DELANO, MINNESOTA ACTION TO BE CONSIDERED: To approve a refuse hauler license for Randy's Sanitation of Delano, Minnesota. FACTS: Randy and Sandy Roskowiak of Randy's Sanitation from Delano, Minnesota, have applied for a City of Eagan refuse/recycle license for the year 1995. The application is for multiple dwellings/commercial refuse hauling. ATTACHMENT: • License application, page. CR --_. - - __ • _ -`L L - _, _ • 3830 Pilot Rnob Road Eagan, MN 55122-1897 (612)681-4600 CITY F EAGAN APPLICATION FOR LICENSE REFUSE/RECYCLING I,'andIs 5'ui a 7dA hereby make application for a Refuse/Recycle license for the year an.cl� t Sq{t��/ / i O s ICo ctl�'d J" '715 l) -- (5 s OWNER: /l Y Name/ Address del yt �1 5522.? ('dig > -6T 7 ' City L State - Lip. Telephone 7 BUSINESS NAME: _ !, ((/S' San i Z, :�C�. J(7�' /(c, > Address cc,�a �e A 1/1 553.2S 35 p77- 5 City State Lio Telephone Municipalities where presently licensed: ,8/oeniIa/h/ TEd/ , E,1/11,-( , �5Z /eel 's yy���1� ,/fit/5', iVe t'' rl L J C r y ct t// /�i�,/�/yry �rr� .�1 r�e eklyq ('r�1 7,' /t/n.�y'►/c C� P� ,7/,mg,,,7l :��.rn�7/(r $ OF FEES AND REQUIREMENTS: /� ''` ` / Type of License Residential Dwelling ($50 first truck/$25 each additional) -- Required for haulers serving single family detached, duplex and four-plex units. -- Includes Residential Recycling License at no additional fee. -- Additional requirements outlined in Hauling Ordinance as attached. Multiple Dwelling/Commercial ($50 first truck/$25 each additional) -- Required for haulers serving multiple family dwellings larger than four-plex s and commercial accounts. -- Permits, but does not require commercial recycling provided that documentation of quantities recycled is provided to the City. Contact recycling staff for details. • -- Includes Residential Recycling License at no additional fee. -- Additional requirements outlined in Hauling Ordinance as attached. Residential Recycling ($50 first truck/$25 each additional) -- Required for haulers performing residential recycling for single family, duplex, four-plex and multi-family residential. -- Applicable to independent firms and subcontractors to licensed haulers. Combination Residential Dwelling/Multiple Dwelling/Commercial ($75 first truck/$25 each additional) -- Permits service to all types of refuse accounts. Includes requirements as defined for each individual license. -- Includes Residential Recycling License at no additional fee. NUMBER OF TRUCKS TO OPERATE IN EAGAN: # 35 1999 Alec, YM' 9'/ J.1 /,ty,1 /(/9S.c r% 1 (C159J ( %/2►/7 ���/�;, TO CALCULATE LICENSE FEE 1 Individual license 1 truck ! $50 + trucks at $25 II 00, 00 Combination license 1 truck uc k ! $75 + trucks at $25 a • PROVIDE La he field- a" Motor Vehicle Workers' Comp 'Insurance . Insurance •� Rat Schedul / "niter! / .!5 expire s �'���ics c,,. 5•, rp c" ci o� J. and frr! �',.>„�' ai p, X ,5. Agenda Information Memo June 20, 1995 Eagan City Council Meeting - N. FINAL SUBDIVISION - CLIFF LAKE TOWNHOMES 2ND ADDITION ACTION TO BE CONSIDERED: To approve the Final Subdivision, Cliff Lake Townhomes 2nd Addition, located west of Blackhawk Road and north of Cliff Lake Road. FACTS: • Final plans, development contract, and security agreements have been reviewed and are in order. BACKGROUND/ATTACHMENTS: (1) Plat Map EXHIBIT "A" • _ CLIFF LAKE TO■NNONES 2ND ADDITION /� sieaec�• 4d. run _ / CLIFF _ r_ • // /l/.i �+ N I �!� I I '�! L T Y.H011ES 1 de 1 OUTLOT I II —Al �� ——nag_a 1'ht : i I 1 1 -1.4g I ► e r� L ; __CVTLOT� I e k — ��1 _�l n Ia I 91, I1ssiseu A7 sl.lrn 1 �� _ —'i.vl——.1 i WOW" r a A� L . . -I t •nlll.r r•rLIN \ r/rrw bluer/.R , • .WI .NI •Mr../1r rw.i ■•• 11 ,,Y1 •� �r pr p �byM� rN jii .U/ Ail b MI ""^'ll�.I MUM •j�.� 1 time'1i iii•r ve pr r c,? e MIT I II II WI __ - - J' .. --' - - - __—__— - Agenda Information Memo June 20, 1995 Eagan City Council Meeting O. FINAL SUBDIVISION - BLACKHAWK FOREST ACTION TO BE CONSIDERED: To approve the Final Subdivision,Blackhawk Forest Addition,located north of Silver Bell Road, east of Highway 13, west of Blackhawk Road and along either side of Robin Lane. FACTS: • Final plans, development contract, and security agreements have been reviewed and are in order. BACKGROUND/ATTACHMENTS: (1) Plat Map, Page5.31'3— °7:1 • N N �lS3L 'r-.L. ��,,d� ai N � � in • X: \ '•: rsz :4 '� , m \ * \� \ ar W: / , ° r� ••° a / ; %, A...S.... 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Agenda Information Memo June 20, 1995 P. CONTRACT 95-05,BLACIHAWK HILLS &WESCOTT SO STREET RECONSTRUCTION ACTION TO BE CONSIDERED: To receive the bids and award Contract 95-05 for the street reconstruction/rehabilitation of the Blackhawk Hills Addition and Wescott Square and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On May 15, the City Council approved the plans and specifications for the above-referenced contract and authorized the advertisement for competitive bidding. A formal bid opening was held at 11:30 a.m. on Friday, June 16. Tabulation of the low bids with a comparison to the estimate contained in the feasibility report presented at each project's respective hearing will be included with the Additional Information Packet on Monday. All bids will be evaluated for compliance to bid specifications and any deviations or errors will be addressed at the meeting on June 20. Also, the staff's recommendation regarding each of the alternates will be fully evaluated with a recommendation made at the meeting. 3 Agenda Information Memo June 20, 1995 O. CONTRACT 95-03.RED PINE LANE (PART 21 & TH 3- STS & UTILITIES ACTION TO BE CONSIDERED: To receive the bids for Contract 95-03 (Red Pine Lane-Part 2, &TH 3 - Streets&Utilities), award the contract to the lowest responsible bidder subject to MnDOT approval of the Cooperative Construction Agreement and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On May 15, the City Council approved the plans and specifications and authorized the advertisement for competitive bids for the above-referenced project. At 10:30 a.m., on Friday, June 16, formal bids were received. The bid tabulation showing the relationship of the low bid to the estimate contained in the feasibility report will be included in the Additional Information Packet on Monday. All bids will be evaluated for accuracy and compliance with bid specification documents and any deviations will be addressed at the time of contract award. • All easements and rights-of-way necessary to allow this contract to proceed are in the process of being acquired through condemnation and/or negotiation within a time frame allowing the contractor to proceed subject to Council contract award. Agenda Information Memo June 20, 1995 R. PROJECT 686.WOODGATE LANE- ST RECONSTRUCTION ACTION TO BE CONSIDERED: To receive the feasibility report for Project 686(Woodgate Lane- Street Reconstruction&Utilities) and order a public hearing to be held on July 18, 1995. FACTS: • On May 15, 1995, the preliminary subdivision and rezoning of the Mallard Park 4th Addition, located north of Woodgate Lane and west of Johnny Cake Ridge Road was approved by Council action. This single-family residential subdivision proposal requires the installation of sanitary sewer and water services and minor main/lateral extensions to service this new development from Woodgate Lane. • The 1995-99 5-Year CIP identifies Woodgate Lane adjacent to the Mallard Park 3rd Addition for consideration of replacing the existing street surface to be performed in 1996. • The installation of utility services for the Mallard Park 4th Addition should be performed prior to or in conjunction with the street reconstruction. • In response to a petition submitted by the developer of the Mallard Park 4th Addition, the City Council authorized the preparation of a feasibility report regarding these proposed improvements. • This feasibility report has been completed and is being presented to the City Council under separate cover for their information and consideration of scheduling a public hearing to formally present and discuss the merits of this project. (Feasibility Report will be included with the Additional Information Packet.) • As a condition of the preliminary subdivision approval, this project must be approved by Council action through a public hearing process prior to final subdivision approval. 35 Agenda Information Memo June 20, 1995 Eagan City Council Meeting S. RECEIVE PLANS AND SPECIFICATIONS, aA,UTHORIZE ADVERTISEMENT FOR BIDS, EAGAN CITY HALL TECHNICAL MEDIA SYSTEMS ACTION TO BE CONSIDERED: To receive plans and specifications including two alternates and authorize advertisement for bid for media equipment and installation for the remodelled City Hall facility. FACTS: • In November of 1994, the City Council approved schematic plans for media and cable television improvements for the Municipal Center expansion and remodelling. Detailed plans and specifications have been prepared by the media consultant and reviewed by staff and are in order for public bid. • Two alternates have been identified by the consultant which may be appropriate if favorable bids are received. They are outlined in the attachment. Staff recommends that these alternates be included in the authorization for bid. ATTACHMENTS: • Staff memorandum on pages 31 and , . 31° JUN 16 '95 1103 CITY OF BURNSVILLE P.2 MEMO • • TO: Son Hohenstein, Assistant to the City Administrator FROM: Mike Reardon, Cable Coordinator jay SUATECT: Request City Council to Authorize rd Issue of Eagan City Hall Technical Media Systems DATE: June 14, 1995 BACE GROUND: As directed by the City Council's November 1, 1994 action, Electronic Interiors has developed, in consultation with staff, bid documents and specifications necessary to provide the City with new media technical systems. The Council reviewed at its November 1 meeting four options or "configurations" for providing media system capabilities to both the new Council Chamber and the new Community Room. The Council selected "Configuration C," with the incorporation of the audience video monitors identified in Configuration B and the retention of the interactive capabilities between the new Council Chamber and the new Community Room. Staff has met on rmmerous occasions with Electronic Interiors to design the technical media systems as proposed in Configuration C. Electronic Interiors is in the process of finalizing the construction plans, drawings and specifications for the new technical media systems. It is their intent to have the bid issue date be set for June 23. The bid opening date is July 24 with Council consideration of the recommended bid at its August 1 meeting. This would allow the awarded media vendor approximately seven weeks to order and receive the equipment for installation starting on approximately September 20. The scheduled completion date for the new media technical systems in both rooms is November 7. This schedule is based on Electronic Interiors consultation with the City's construction manager. DISCUSSION: Staff is satisfied that Electronic Interiors has been extremely sensitive to ensuring that their design and specifications incorporate only those media equipment and systems as approved on November 1. It is Electronic Interiors recommendation that to ensure the City receives the best bids possible, adequate time needs to be allotted for both bid vendor preparation/submission, and perhaps even more important, adequate time for equipment order and receipt. It is their experience that it normally takes approximately six to eight weeks for vendors to order and receive all equipment for installation. Thus, the window between August 1 bid award and an installation start date of September 20. Staff recommends the Council authorize the issuance of the bids on lime 23. Based on discussions between Electronic Interiors and staff, staff is recommending that the Commission include as part of the bid document package two alternate bids. These alternate bids deviate from the approved Configuration C, but both items would enhance and improve the systems capabilities without adding a substantial amount of cost. R�96`6 612 895 4404 06-16-95 11 :02AM P002 #17 JUN 16 '95 11:03 CITY OF BURNSVILLE P.3 Page 2 DISCUSSION Mont.): Alternate i - Microphone Momentary (ute Switches It has come to staff's attention, both from discussions with Council and staff, that it would be beneficial'to have individual microphone muting capabilities at each microphone position. The momentary microphone muting switches would allow Councilmembers and staff to press their individual microphone button, if they wanted to momentarily turn off their microphone in the event they wish to ensure no audio transmission. As they are "momentary" switches, they.would only turn off the microphone when actually pressing the button. This would avoid the possibility of someone turning or the microphone and not turning it back on. The City of Burnsville has had individual microphone switches and has found it to be very helpful at certain points in the meeting, i.e. coughing, clearing throat, or an aside to a fellow Councilmember/staff. However, Burnsville does not have the momentary switches and occasionally the microphones are left off. The recommended momentary mute switches would correct this problem. Alternate 2 - C n#jol Room Crestron Control Panel Incorporated into Configuration C is a Council Chamber Creston Control Panel which will operate;,numerous equipment items in the Council Chamber, i.e. projection screen lowering/raising, dimming of lights, etc. The Creation panel is a mobile unit which can be used in numerous locations in the Council Chamber, However, there is currently not one allotted for the Control Room. Electronic Interiors has recommended that an alternate bid be included for a "mini" Crestron control panel for the Control Room. This would not only provide backup capability to the Council Chamber unit, but would also provide flexibility for control room staff production capabilities when Council Chamber staff is not able to, or wishes to. Electronic Interiors, has estimated that this item is approximately $1,600.00. STAP'P RECOMMENDATION:. Staff recommends that the Council authorize Electronic Interiors to Issue bids.for the Eagan City Hall Media Technical Systems on June 23 with bid opening on July 24. In addition, staff recommends that Alternates 1 and 2 be authorized to accompany the Media Technical Systems bid package. CLOSURE: Should any of the Counel members wish to review the bid specifications and'documents, staff will have a copy available for review after June 23. It is my intent to be available to respond to any questions concerning this item at the June 20 Council meeting. 3 ? R-96% 612 895 4404 06-16-95 11 :02AM P003 #17 m- - ° r,c — - — - Agenda Information Memo June 20, 1995 Eagan City Council Meeting T. CEDARVALE SPECIAL SERVICE DISTRICT RECEIVE WORK PLAN AND SET PUBLIC HEARING ACTION TO BE CONSIDERED: To receive the work program and set the public hearing on July 11 for the Cedarvale Special Service District 1996 work plan and budget. FACTS: • Staff and the Cedarvale property owners have developed a revised work plan and budget for 1996 which involved mowing and landscape maintenance, direction of an identification sign for the area at the intersection of Silver Bell Road and Highway 13 and sign maintenance costs. A Steering Committee has been formed of business owners which are circulating a petition among the property owners in the area. Additional information will be forwarded to the City Council at the time of the public hearing. • The public hearing had been tentatively scheduled for June 20 but has been rescheduled for July 11 to permit adequate notice to all property owners. 3 _ _ ,„ rr1/ • - . Agenda Information Memo June 20, 1995 A. VACATE CLIFF LAKE TOWNHOME EASEMENTS ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of drainage and utility easements as described within the Cliff Lake Townhomes development and authorize their recording at Dakota County. FACTS: • On May 15, the City Council received a petition from the developer to vacate various drainage and utility easements within the Cliff Lake Townhomes development and scheduled a public hearing to be held on June 20. • All notices were published in the legal newspaper, routed through City staff and sent to all potentially affected property owners informing them of this petitioned request and scheduled public hearing. As of this date, staff has not received any objections or concerns associated with this request. ATTACHMENTS: (2) • General location map -page 4 ( . • Graphic&legal desciption-pages LL. /O • -`I 111 " v 'y"MIZI11 _I .._I- ARNELIAN •APP RFu LA ElAE\ 'JADE I ANE I �i r ^ PARK k0 4 _ u -11.w, i ,.1EADONIARI[uL 2.SKYLARK LA. "' O 4 ._ 1Q 4, / i II.ADOIILANR PT. p'IC •1. _ 0 Cr.1IL. I ,. E 1 h ..Ii:AU0140J0I NAY 1 C4R aP 8 T� 1MYM Y '� • t 7 j �,C . YEA �� rQI �' ' N 1 1 CEDARZ 4 t�.� .1 1 �+ 1 L ' POND g zwcDN, LA. .1� ,' i iCP RK o ' 6 I J Gt. 4 L I.CORAL LA. J - K CT' --__ OU t - - -__- I '4 zz T , TE.R,l o 1 K o' w GC O D• r Gti x 1 i VI h n1gEJ n t N ��f G Y . X�p� Y DR ~ a/jR�� '�n I.:ADCER { I WECIR. • o 'r L. o' �RTr +. a F . tea. cg I `: z.1.4. ' W� o eV' OREMS. �+ �• • �� '' EA PAT X CAN AMA RIDC , •,' o o , r} —1 SHALE 1 " EADOWL••' ` f AK C'• 43 rim "ARK L- .c' 2 • ,- ° _.DQY/ r 4o' '/ C.,l�d91 PARK r•Jl l VI I! , i '�''+�. Ei g; ul RO VI) o W � o I •Y ..A.+ �I CLIFFVIEW pp .. 46 4� x� $� f ALLAR() . ,C21 RAHN :/ V `�, ��G� �y �.RY M PARK a° :;EC - DR. ✓ 1. 4.` CUFF )Fr LAKE, 3 � -te 3 .-Y �, �: ^ SLI _-, oR i r fp.:L- n RD. 'f C a - CO. RD_32 _ _CLIFF ROAD •c T C . �� $IJ `�.. I AY NDKIA L' 13 W Y o ,fr GALAXE c{ RAHN WAY �i` r �• ,.41 CT. O 67� �, O. 4 21 =, 1 KuIS 420 �,Q'." a NANCY u l PI.A�-' -t' " ini C• n I a N O•-y CIR. a I KETTL GALAXIE �' 5E rl u • w I r 3 = PIN OAK DR. ,,� ..� E V�4~ CT. ,` `\i'i✓7 I 4. WE •TE' i IDURNUM rR, 1 mot' J k fI" �i� 9` 11ti ti��' j 1 I coy O LN- 44 • PrfNNA,\ LANE / �/ O� [3:, A 'N'� 2 ' G� :'ACS' 3 Kwcs RD. (;�G � , RIDGECLIFF PARK cw� 5KY 1' :o �j r� Ct• 1:SINE PT. m 12.-SALLY PT. I . I i 2.-WO PT. 13-.IAOISTOC PT. 9 = u /� 14-YMQ6 PT. '� /� r,H�� 1 i� / I a-WO PT. l;- ln.vvw n r��` / .Il `(' I VACATION REQUEST SITE city of ea an VACATION REQUEST F a standard y UEST 9 Q approved: plate #: : 7 ...• PUBLIC East 10' of Outlot "C" and the ) WORKS North 13' of Lot 6, Block 1, ,I.- rc DEPARTMEN Cliff .Lake Townhomes 1.—( / . -g � "is. a c) co.' •� m J a -c ■ 1, ' Np 1 z ut el( il 3 ‘21.B9 , O a m r ~ \ U 2.Mv Ear :�j•'pxs9.t7 •� ; :,,f`.,,,:.";,".= E C \ 1 \ Q o mom+ E 8 �I �.•� 'a• —a o z` WZrO2 `~erg -6 af` �/ \ +- � S 10,3450 I--.° 1 # \ \N• \ ■ 00 0� � I m \ cc Z F- o ' e o O ILI Y$ rc ° E 0 c c Ja I \ �sN 9 V g5 E�ow W �' '" !J. tl 7 8 p �+ J N y "�I U�/)� tl U l, cal •:: • UJ 015. .c $_ = g I fzIt W �b ��_N;? CI W H a$ O OA•co a PttDN ! o \ c 0 N — _, 'tl M Ili 0 c $i /' .�,` QI ° < ▪ p a aZ c y 1/- -, r .os Q Jvc � $ v � o q 05 x�,xr `I� \i+ ,� . ▪ „a aa.crw a m 5 ,mt.° a o . o o c a ‘ ..6.3 W �- ., o r c u, Z r tl wz��� W ; a o _ � pa_ v co W I a =+ O �>pv E a► 0 c o c -I v � � E�� � p a W oW- a0 Uca m i=' 1= a di fa 0 Z tC)• ., ii j IX J *•vii ro°iu n Q C 4i F` I r Q S.o i ti a An SO 1. Sa cm 03 W W 0 O r v. ...;v iy-i l tY■r I` ■ cc W • .., rr) 1 \\ 90 \ Ca gt =W� \ \ W LLu Nmu J LL C W°> \ 1 O U0 I 1 W t� 1 J 2 '6 c I 1 a _, a 0 In s CA°' Y -� $0 I �' W o; g .. o'm o °`. LL of I / 2 0 cot I al W o I ,iil c0 o G h- N k-k•0-- Agenda Information Memo June 20, 1995 B. VACATE T.H. 13 FRONTAGE ROAD EASEMENT ACTION TO BE CONSIDERED: To continue public hearing to July 11, 1995. FACTS: • On May 15, 1995,the City Council received a petition to vacate a portion of the T.H. 13 Frontage Road adjacent to the Eagan 13 Industrial Park located on the west side of T.H. 13 between Meadowview Road and Alexander Road and scheduled a public hearing to be held on June 20, 1995. • All notices were published in the legal newspaper and sent to all potentially affected property owners of this request and the scheduled public hearing for June 20, 1995. • In response to this notification, Peoples Natural Gas has identified that their line may be located within a portion of the area to be vacated. This will require additional field verification which cannot be completed by June 20, 1995. • Based on an investigation by Public Works personnel, it has been determined that additional street right-of-way and utility easements should be provided in exchanged for vacating this frontage road. Processing the appropriate paperwork for signatures by all responsible parties has not yet been completed. ATTACHMENTS: (2) • General location map-page • Graphic and legal description to a vacated-page . ' LOST SPIAP ��`i all t 6, �`� w S �V°g I c JF }� Y CEI�`— M� FIGHVCW AVE I .V� 8 �MdivEW AVE. !s'I �A` N W�W.- ,,. HICHwEw : �T I PARK „ A z,.. ...,, . — ` A 1r 1 . ,J7- Qp. ......._ _OKE OAK_ROAD I ,! C�RD. 26 I �►� � � KNOeo IC Ya c1, , rc O ARK°g 1 y, 26 ° )• .VIEW RD •ii •AR RD. • , I iOwERVIEW RD. is •" ikker PCNA• ' KS RD. • 41. 97 i.2 � j 0 W/ , �, � _ 1� //ENDR�r� � o ILO k • I ' '] QUARRY o} a . F k a1 o • tR : f 2 / R ir ,. t• o ii-_L_otle _ __ r C P YANKEE DDDDLE ROAD WATER �j`\ 6 i v 1( ' TREATMENT`S Irr,�� F ACILITY ® � a / h / CITY ;r3`' O FACILITY ∎,NOS •••N� Ni"be, 0 I VIA i p. I ROrA� �® i VACATION REQUEST SITE city of eagan approved. standard i VACATION REQUEST plate #: 0 .. PUBLIC STATE TRUNK HWY. 13 •• S ' 1.-4- lit- ... L WORKS • SERVICE DRIVE DE PARTMEN '---.Th . 4(--/- . '.1 PA � N f N Jr% •re ' _if ....`"" .00.092....:...iosocIt oN ��Y #p a�E • :]gl:-)5 �!=--../. • Mme 'w.,00•*,„V f -, :iN.::::,:1, • .....--: 10 4... , .......00,.... ow. \ 3i. ............a . .,...........101. .• : ...iire \ (\j iiiiiiiiiiiiiiii:i \ 1 \ . T. ::: 1 a%'1 '.1. :? .00 • �' r )1. . - \ :::.;:.::: :.;:•••:.4 000 t'S'1" St‘C « , :::::::W•:•:•.Q, , .` •sue,,• Ge 'S'L ::'1 os,.• 13 �0 8e t► R axe • J e �%1:• gib •ytice . , , '4:�' ... Sep area ..... ,� Al Ikl._ : vac �,•• •....r % �: ;: `• .„0• 0....„__..0;.7,01;„• , ps. 0v• • Ili\ 1 1 Ni . }` ,pi:i • . ":s 6...4. 0_ �z- r— .• -,0' ....v., � ALfXXANDee qp� • • ' p coded • se v C K dicated ooh 0.e�oe{a ptip, $es de osroe`���h�te. o{ P et,1ice'solo*'to eV°rs ei „i k by t- N° As O Iv' ti9rk 3 so��h or O'Satd L°I. 'CN���� Pip eas ted at st2, too Pco ret°f id P ,� • °{S' 0 iv` eiVi o� \I.\se said the rode �a �Zp06 -Oac evk lock y°c S.ease 0 etiy{t°� 1� ote p.'�N Vic•N°. ie•°{ 00{ee vae°{ .o e so�� ji 1,,•r Tae°d M P 5 v m a. Qeec�le •-••y a0{ee'� \?. �d Svleyot , tite`14t\t_00-d'''s ,.5 May 9, pate• . Agenda Information Memo June 20, 1995 C. VACATION OF VILLAS OF VIOLET LANE EASEMENTS ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of drainage and utility easements within Lots 10-14, Villas of Violet Lane subject to the recording of the Villas of Violet Lane 2nd Addition providing for replacement easements. FACTS: • On May 2, the City Council received a petition to vacate public drainage and utility easements as described within the Villas of Violet Lane Addition. The Council then scheduled a public hearing to be held on June 6 to formally consider any concerns associated with this request. • The developer has requested this vacation to accommodate a replat(Villas of Violet Lane 2nd Addition)which is scheduled for earlier Council consideration under the consent agenda. This replat provides for a shift in lot lines to accommodate a larger building model on Lot 14. The replat provides for adequate replacement easements. • All notices have been published in the legal newspaper and sent to all potentially affected utility companies informing them of this public hearing. Staff has not received any objections from any utility company or property owner. • At the time of the original scheduled public hearing held on June 6,the replat providing for the replacement easements was not in order for Council consideration. Subsequently, the public hearing was continued until June 20 for reconsideration. • All previous issues or concerns have been adequately addressed with the approval of the Villas of Violet Lane 2nd Addition replat, if approved by Council action prior to this public hearing. ATTACHMENTS: • General location map-page 41 . • Legal and graphic description-pages LO . 4-(40 r 1 . . :; rr�au�►re ENE sRruNE coil ` 4NIn 7�'g ; C.I. SOUK TR. I I i -,. ... •i•/ LONE T. OAR Ra *ILK: ./ ► �' ... .•�� W I o_ 1¢�Co. a•. no.461 .I w 1 .. dell , ! c�*„.„ P G c 4 O� ^�� J V / 1O� N - -:• . I //cm.f..., 4 y u,Si. �• �./ r`y",LJl�J� \ 'VII rtAOOr vIEw RD/y e"� w �REP :ADAM I Ill yr� A. t 0 la �'I I I ,I � �GIYRY � 1 N 4� v'"4. • 44 all $ = ae 4 ... '1bt Ra I �,I Q ������_ N•• JJ#VE PARK ___ 1'�yW,'JE-*� RI `I I � •a1 'tab� � J �- ..• / / a \ 7R. ..�'_ • I i°A 1 IV ♦i c� ! STI I h I i1. �9E - ; - - ' . WW ��SE I cEJ SW I- WN I:AWN;R s-NpNIRr PT. • I ' (tuff PARK pq i N / 4.MREST RIM` 1 1 J •• ! 1 j ° Y E.IR030000 LA. H �n •.REDWOOD PT. • - y1 CENTURY I 1 rj, \�� I T.SPRUCE PT. • r3 ter; I .-.t \'iVVV// I _ .• • ,_ oT 1 r�Rr�. / r . w •e 17:1 anae/ ,d 7R e�, .+�i(1, I, ly j��,q T>'TI;I �ht , T. �s `� /� '� A'ATfP� 1 1 ,aSy 44.I. II / /._le 3 CENTRE i TRfAflNEM' r., _CIA / X76 1 / AID ' FACILITY a® J'• r?1_ - 1 CLEARY P.UIK /�' NE sr/ `!W�; y�Ca„S 'D a. - 3 /s NW �:� xYHK ( FACILITY '''�:�-71 ' �� O i 4 • "ter - I.,' / `. �~ 'AO alkj rOlET I•E/ '� O s sV� ��777777``` a ' a�vE '°�' '.�y``.2 i 6AAIL NI.014 ; ". :1 l�-• .c a. ''' ''616:' 171 + l' J'EO Or ' / IIt T I RE STRIDGE ,_A oIl T a 4 1 • , ill 1`broWTCREr b �` \ n��QQAA11 3h. C CIT :', trl LO u l , . V O ► ��Y .A /JIU\ E 11 \� �r 1 1,..5C0=4 j ei W'''.... . y'� �• 51ST .t4 c IW.. �, ,L\\:,. > c, 44° • NA /�` ;SE , l V I�o E II m czn• I COM .• /i ,D ENWR 14 06• 1 0 q • v u 1 'g T —a • RW. y I . \ �✓_'` 0. . ; ; RI �° t �f1OAM 'ii�'=W 1FAtD MYNE i' '�Y ; CENTER . > a,E I 7 V 1:j4k 'Nc1 o /' Y N et" YE �'�d o e a.VEN1'dM I ' IOW. /�f RNOIL ,,, = •AvE '. �Qf. L -- i �R VACATION REQUEST SITE city of eagan EASEMENT VACATION approved: standard _. ." PUBLIC . REQUEST plate #: $ . l WORKS LOTS 11,12, 13 & 14 BLOCK 1 c. DEPARTMENT VILLAS OF VIOLET LANE i Lil . r x F. 0 I Z N =....ry r.... N S S r ,. .n 0 w 0 0 J VI 0 0 0 S O a yr a. a 4: , a W ¢ V_ S K • W • o ? O = 2 •''♦ Q w Z V. _— to'C�'� I ... :� V7'. •. i i,7:...il^i'��...'.�:: a ... ..5. ¢ • �. ( ^'i ._ ' .;•:..;;;;;.. a^ i 1•':7• .. . .. i'.:iN„i i;• '. O 2 a `7�_, ..^7L.L.i.n�~t/' .•L L: Agenda Information Memo June 20, 1995 D. PROJECT 643R,OSLUND-TIMBERLINE ADDITION UTILITIES & STREET RECONSTRUCTION ACTION TO BE CONSIDERED: To close public hearing and approve/modify/deny Project 643R for the utility and street rehabilitation within the Oslund-Timberline Addition. FACTS: • As a result of the public hearing held on February 1, 1994,the original proposal to rehabilitate the streets within the Oslund-Timberline Addition was denied. • City staff has received numerous requests for reconsideration by the City Council. • On June 2, 1994,the Public Works Committee performed a field review of the streets under this project and recommended that the City Council reconsider this project. • All notices were published in the legal newspaper and sent to all potentially affected property owners of this request and the scheduled public hearing for June 20, 1995. • In response to Council direction, City staff prepared a revised updated feasibility report for this proposed improvement and presented it to the City Council on May 15, 1995. Subsequently, a • public hearing was scheduled for June 20, 1995 to formally present the project for reconsideration. • On June 13, 1995, an informational neighborhood meeting was held at 6:30 P.M. at the Central Maintenance Facility to review the project with interested property owners. ISSUES: • While detailed property appraisals have not been ordered (subject to project approval), a preliminary appraisal analysis performed in May of 1993 indicated the potential of a maximum assessable benefit of approximately$2,000.00 for street surface rehabilitation plus an additional $1,000.00 if new concrete curb and gutter is added where none previously existed. If the project is approved, staff will attempt to have formal appraisals completed which could modify or reaffirm these preliminary findings. • Several property owners in the McCarthy ridge Addition (between T.H. 13 and Timberline Addition) may request that the portion of the project from T.H. 13 to the Timberline Addition be deleted. The PCI Rating of this road segment is 11 which falls within the same condition rating as the Timberline Addition. • Property owner on the south side of McCarthy Ridge Court(formerly Catherine Court)will be requesting to be deleted from the assessment role. The Council can consider three options: 1. Maintain the Project and assessment role as proposed. 2. Expand the project to incorporate S.McCarthy Ridge Court(formerly Catherine Court). 3. Delete/Defer assessments until the S.McCarthy Ridge Court public street is reconstructed at a later date. ATTACHMENTS: (4) • Feasibility Report /A 5-7- • Letter(s)from affected property owners P . e'7"—45 • Summary of neighborhood meeting P. g' ? 9.2- • Copy of Public Works Committee Minutes from June 2, 1994 e 7_3 • • • • rv.:›f i vr {rR xf 44 1 4,%i$:•:., city of Cagan Report for Oslund-Timberline Addition - Street and Utility Reconstruction City Project No. 643R Eagan, Minnesota May 1995 File No. 49532 Bonestroo • Rosene Anderlik & Associates Engine re & Archlt eta St. Paul, MInneaota S l • I r ii 11IK�B Bonestroo,Rosene.Anderlik and Associates,Inc Is an Affirmative Action/Equal Opportunity Employer onestroo , Otto G Bonestroo.RE Howard A Sanford,P.E. Michael C Lynch,PE. Gary D.Kristofitz,P.E. Robert W Rosene.RE• Keith A Gordon.,RE James R.Maland,P.E. Brian K.Gage.P.E. Rosene II. Marvin C.Anderiik,PE Robert R Pfefferle,PE Jerry D.Pertzsch,RE Keith R Yapp.RE Marvin L.Sorvala.PE Richard W Foster.PE Frederic J Stenborg,P.E. Douglas J Benoit.PE Anderlik & Richard E Turner,PE David 0 Loskota,P.E. Scott J Arganek,P.E. Shawn D Gustafson.PE C ( Glenn R Cook,P.E. Robert C Russek,A.I A Kenneth R Anderson,RE Cecillo Olivier,PE E Noyes.RE Jerry A Bourdon,R VI As✓OC'�■t('�+ RobertsG Schunicht,RE Mark A Hanson,PEE Mark A Seip,RE John P Go der,PE. Susan M Eberlin,C P.A Michael T.Rautmann,PE. Gary W Morten,PE Dan 0 Boyum,PE. Engineers&Architects 'Senior Consultant Ted K Field,P.E. Paul J Gannon,A.I A Jeffrey J.Ehleringer,RE Thomas R.Anderson.A I A. Daniel) Edgerton.P.E. Lee M Mann,RE Donald C.Burgardt,RE A Rick Schmidt,PE Charles A Erickson Thomas A Syfko,RE Philip J Caswell,PE. Leo M.Pawelsky June9 1995 Frederic J Stenborg,P.E. Mark D.Wallis,PE. Harlan M.Olson f Ismael Martinez,PE Mlles B.Jensen.P.E. Agnes M Ring Michael P Rau,P.E. L.Phillip Gravel,P.E. James F.Engelhardt Thomas W.Peterson,RE Karen L Wiemerl,RE Honorable Mayor& Council City of Eagan 3830 Pilot Knob Road Eagan,MN 55122 Re: Oslund-Timberline Addition Street and Utility R.econstruction • Project No. 643R - Our File No. 49532 • Dear Mayor and Council: Attached is our report for the Oslund-Timberline Addition Street and Utility Reconstruction, Project No. 643R. This report discusses the proposed street and utility reconstruction and presents cost estimates for these improvements. Also included is the estimated assessment rate per lot. We will be pleased to meet with the City Council and other interested parties to discuss this report at a mutually convenient time. - Yours very truly, B/JO LIK BONESTROO ROSENE, ANDER &ASSOCIATES, INC. Mark A. Hanson I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer nder the laws of the State of Minn ota. Reviewed by: Mark A. Hanson Eagan Public Works Dept. Date: June 9. 1995 Reg. No. 14260 Date: Reviewed by: Finance Department Date: 2335 West Highway 36 • St. Paul, N 'S-51-T31-612-636-4600 Table of Contents Item Page Number INTRODUCTION 1 SCOPE 2 FEASIBILITY AND RECOMMENDATIONS 3 STREET EVALUATION 4 DISCUSSION 6 Streets 6 Storm Sewer 7 Sanitary Sewer and Water Main Repair 8 Street Lights 8 EASEMENTS/PERMITS 9 COST ESTIMATE 10 AREA TO BE INCLUDED 11 ASSESSMENT 12 REVENUE 14 PROJECT SCHEDULE 15 APPENDIX A - PRELIMINARY COST ESTIMATE APPENDIX B - PRELIMINARY ASSESSMENT ROLL Introduction The City of Eagan, similar to other communities, is responsible for providing utilities and streets to serve existing and new developments. The City officials and its Public Works Department are also responsible for maintaining and reconstructing these facilities in a timely manner as they approach the end of their useful life. These facilities must be properly and cost effectively maintained for the public's safety and welfare. Typically,utilities have a design life of 40 to 80 years, dependent upon how they've been maintained and constructed, while streets have a design life of 25 to 30 years. The design life for streets is considerably less due to the nature of the materials that are used to build them and deterioration resulting from weather and traffic. Local streets and utilities serving the Oslund-Timberline area were constructed privately approximately 27 years ago. Therefore,the streets in this area are approaching the end of their useful design life and are in a condition where street reconstruction should be considered. In 1994 the same project outlined herein was presented and discussed at a public hearing on February 1, 1994. At that time, the City Council closed the public hearing and elected not to proceed with the project. 49532b.rpt 1 Scope This project provides for reconstructing 1.34 miles of existing streets in the Oslund-Timberline area as shown on Figure No. 1. Also included is the construction of new storm sewer and upgrading portions of the existing storm sewer system. Improvements are also proposed to the existing sanitary sewer and water main systems. Pine Ridge Drive between Red Cedar Road and McCarthy Road in Oslund-Timberline was previously reconstructed in 1985 and assessed to the abutting homeowners. Therefore, this section of Pine Ridge Drive is not included in the street reconstruction area. 49532b.rpt 2 ...■„____—....--,. .'// /\`'.. 1 ..„,./"T-- t . i I I t ‘ \ > jjjJJJ 17 J --, --Y�✓\,4` _ ''+•\,` / 1.' v>r`� ''s�Y 5y i` --- - r I k ' ! .'/ 1 1 ,, , ( r r AY�ON_AV£ ii- _ \ ' \` yv `, 1.I �� ~•� C,<1,:' w4` r /(P i1MIN 72.L.... ;£ r' !1- ;!�'' .:'fi '..\ I H 1^!+� `2 ` j , c�� 1"*6 si may"./t7� •,s,,.�. \ i/ \ 7 HiU1' ♦ �`-. ` �;I/7 I v1!' h % ,.../(„7, es !H! in t Ir Lt„ �s' Z \ j--�,Y ,�,\ J I r 7<_,Z' 7j Srigligniaillilliti mpHlu H 1 j \ r J E yr ..,,.., ,A,...\ ' `\ / \*�� ��' I !10 ' s`/1"\�.•----7. ` Will I I' na L � `: _:<\/›.A.\ ,+ """' ��` ' tl_NMI lllll . l• \ `G it /,-/ < 5:7 /11.41.1142111111111 111111/PPr I 1,352— j /�'� ���i`tstun::_ ["`(`' .—n caw£ • �.�\�^. 7r� d11s ,d`�Iw ..�.. ; r, Irw �.r11rr,A.ma MINI t �- ( -I-I . 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J�� - ' ,,"lite r �-••;11. c u\.\ .n;,,, �` --, tr•�t,+•.a_;'_e..i 0 7000 2000 Scale in feet LOCATION PLAN Jjj Bonestroo _— EAGAN, MINNESOTA I i i ' - Rosene STREET & UTILITY RECON. PROJECT No FIGURE 1 643R 111 Anderlik b 49532R03.DWG Associates APRIL 1995 C 4332 Feasibility and Recommendations This project is feasible from an engineering standpoint and is in accordance with the 5-Year Capital Improvement Plans for the City of Eagan outlined in their Pavement Management Program. The project can best be carried out as one contract. • 49532b.rpt 4 5-7 Street Evaluation The streets in the Oslund-Timberline area, with the exception of Pine Ridge Drive between McCarthy Road and Red Cedar Road, are proposed to be reconstructed as part of this project. The justification for street reconstruction discussed in Eagan's Pavement Management Program is based on the following: - Street Age - Structural Strength - Surface Condition In accordance with engineering standards, the anticipated life of a street pavement constructed to today's standards is 25 to 30 years. As previously mentioned, the life of a street is based on the type and quantities of materials that are used to build it and the rate of deterioration due to weather and the volume and load of traffic. The streets in the Oslund-Timberline area are all greater than 25 years old and were built to a lesser standard privately by the developer. Therefore, each street has approached the end of its design life based on its age. The structural strength of a road is the road's ability to carry heavier vehicular traffic. The Road Rater is an electro-hydraulic device that imposes a load to the existing roadway and measure it's deflection. The deflection based on the imposed load determines the strength of the road. The structural strength of the streets in Oslund Timberline were measured and failures were experienced based on expected loads from vehicles that serve residential neighborhoods like Oslund Timberline. Another important consideration as outlined in Eagans Pavement Program is evaluating the streets existing surface condition. The Pavement Condition Index (PCI)ranks the surface condition of each street. Table 1 presents the categories which define PCI Rankings. TABLE 1 PCI Recommended Improvement 55-100 Routine (Crack Seal/Seal Coat) 35-55 Patch/Repair and/or Overlay 0-35 Reconstruct • In general, PCI Rankings below 35 require removal of the existing bituminous pavement before constructing a new bituminous surface. In some cases, based on soil borings and further field 49532b.rpt 5 investigation during construction, the existing aggregate base may also have to be replaced or expanded. PCI Rankings between 35 and 55 normally require patching before constructing a bituminous overlay. PCI Rankings over 55 typically don't require structural improvements and generally routine maintenance such as crack sealing and seal coat is acceptable. All PCI Rankings for Oslund-Timberline Addition streets fall within the "Reconstruct" category. In summary,based on the age,structural strength,and surface evaluation of the streets in the Oslund- Timberline area, its appropriate at this time to consider street reconstruction. • 49532b.rpt 6 S-7 Discussion Streets Streets proposed to be reconstructed in the Oslund-Timberline area are presented on Figure No. 2. The existing street sections are presented on Figure Nos. 3 and 4. The existing street section for the most part includes a 32' wide street with different types of curb (none,bituminous, concrete). The concrete curb portion is limited to McCarthy Road approximately 1100' west of Pine Ridge Drive and Pine Ridge Drive between McCarthy Road and Lone Oak Road. Listed below is the length of existing street with bituminous/no curb and concrete curb: Length Bituminous/No curb 1.07 mile Concrete curb 0.27 mile Total 1.34 mile Street construction proposed in the Oslund-Timberline area includes constructing a new B618 concrete curb and gutter where none presently exists. On McCarthy Road and Pine Ridge Drive where concrete curb and gutter exists, only those sections in need of repair will be removed and reconstructed. The existing bituminous surface will be completely removed and a new 3" thick bituminous surface will be constructed as presented on Figure Nos. 3 and 4. The existing aggregate base will be checked for thickness and test rolled. If additional aggregate base is required, it will be added as directed by the Engineer. It's estimated for purposes of this report that approximately 3" of new aggregate base will be placed before constructing the new bituminous surface. Also presented as a street reconstruction option is the reclamation of the existing bituminous surface and gravel base for use as aggregate base before a new 3" thick bituminous surface is placed. The reclamation process involves mixing and processing the existing bituminous surface and underlying aggregate base to create the needed aggregate base. It is expected if the reclaimed bituminous surface option is constructed, a 5%-10% cost savings may result over completely removing the existing bituminous surface and constructing a new 3" thick aggregate base surface. McCarthy Road approaching TH 13 will be 32'in width and for the most part will follow the existing street alignment as'presented on Figure 2. 49532b.rpt 7 JII\LLI 1\L\,VIVJ11\V\.I, JI VL EXISTING CONCRETE CURB ASSESSMENT AREA STREET RECONSTRUCT, CONSTRUCT NEW CONCRETE CURB & GUTTER ' / H 1 1 ill 11 1 II _ I LONE OAK ROAD (C.S.A.H. 26) / 4 / ,^ / 1y1(;/�, \ 1 , ti 20 i , I 1 it ' / / tY`' 1 \ 4 ,3 ' 2 ' 1 19 k 2 1 2 1t 'S w ..),/;, 022'00 �/ 9 0 ��.�1;0 ° 2 1 :T:::.:i'.;`� 4 \ 4 8 �1 -"~�. 070-00 •� OUTLOT A 11\IO`\ � 1'I"d\S�w n . ::t{I•.�.. , �.V) O Jw p 1 1 5 1�e/ Oz0-00 \12 O:i'L.iC \ \ 4011 - 32 I.1 - 13 \ R:..S'.y,.1 1. \ �F y 4.1.• 6 ti 'i 0D4,144 :� r 15`14\\ P / `U "9 \ C/ /'y� -•.:"` it CS'••.. 6 Y 7 i N 16. / 10 2 , 18 17 \ �`r .C 11 ` 23 cr :'•:. I I� �Q/` + App. ' 072-00 is l .,.r\ \122, f 24 34 I F Lei:1..:. 8 ! 8 �' 1 ----• \13 ��( 22� 29 1;:'.1:1..':t:f�Z::;25 24 I 1 35 / 362 21 c 1I•-"tV \ ; 16 1 I 0 26 27 V J .•I.•I 10 I W•L_Lr : O E•'R NF, LLB ED C DA R ! f` f r` ��`�# / C` ADD TIM S/ —1 2 r 1 t 7 11 � �lii H nr 14 13 1 11 10 0 6 6 3 2,-.j .I +.wdlw. _ - _ A I. •■�'_• "\/ Al ■ r,.rl r ■ ;L E"' 1�\ `rti�( 6 4INERIDGE/ / / ��✓ � `Z.,'`',a,"• DRIVE RECONSTRUCTED q. ; ,../ . , %�,----- t f�� ✓ IN 1985, CITY PROJECT # 414 T /, / (NOT INCLUDED THIS PROJECT) / / �w;^ tea` " �� �, f/, �,,,_` GCI , ,, , -1, n .y�.1 ,� --ASSESSMENT AREA 1.3.J %/r / �_—.-_... _ I "1/ L. 1' I i,•�_I G. 0 250 500 rf % 1 FOUR OAKS RD • 1 '3,,. Scots in feet ,/ 1 1 I .7 �a \,,'\C\ 1 1 1,.: ' / /2// REGRADE (MAX.) SLOPE 2% / FOR 100' EAST OF T.H. 13 -i-. .7 / EXISTING STREET ALIGNMENT �, ' _ ' ,_ PROPOSED STREET ALIGNMENT p,� / �` # \ r /ir---7 PROPOSED STREET AI 73 �. ; yo* ; EASEMENT 0 50 100 N / I ). // 132, .�-_'J O / ¢ Seale n feet // z / I ; �-� **, McCARTHY 1ROAD V a I 1 / ( t,35. 0 0 / i --J / /f 1 I I I /% ` O 1 • 0 oa Q ~ CO O l if 0l //, ...=1. / GUARDRAIL 3 * ' ' / ' Cn �'� r I1 _ - I • L. 30:1 TAPER / STREET IMPROVEMENTS El Bonestroo Rosene II ill EAGAN, MINNESOTA FIGURE 2 Anderlik at Associates OSLUND—TIMBERLINE ADD., CITY PROJ. No.. 643R 49532R01.DWG APRIL 1995 COMM. 49532 R Q R 30' 30' 30'-36' 15'- 18' 15'-18' Ex. BIT. CURB—\ L 1 1 /2"-2 1 /2" Bituminous. Existing Aggregate Base (Variable Thickness) EXISTING SECTION R � R 30' 30' 30'-36' 15'- 18' 15'- 18' - B618 CONC. DESIGN GRADE C & G 6" CROWN Note: —1" Type 41 Bituminous Wear Course Remove existing bituminous —2" Type 31 Bituminous Base Course curb & bituminous surface. 3" Class 5 Aggregate Base (New or Reclaimed) PROPOSED SECTION STREET WIDTHS All streets are proposed to be reconstructed to there existing width. TYPICAL STREET SECTIONS (Exisiting Bituminous Curb) Bonestroo Rosene Anderliket EAGAN, MINNESOTA FIGURE 3 Associates OSLUND—TIMBERLINE ADD., PROJECT No. 643R Engineers& Architects 2335 W st Highway 36 49\49532\49532R06 APRIL 1995 CO M. 49532 St. Paul, Minnesota 55113 30' 30' 32' 16' 16' Ex. Conc. Curb //— T. 1 1 /2" —2 1 /2" Bituminous Existing Aggregate Base (Variable Thickness) EXISTING SECTION 30' 30' . . . 32' 16' 16' -' l 1 • Ex. Conc. Curb DESIGN GRADE -------------------- 6" CROWN + 1" Type 41 Bituminous Wear Course Note: 2" Type 31 Bituminous Base Course Remove existing bituminous 3" Class 5 Aggregate Base surface. Repair existing (New or Reclaimed) concrete curb & gutter as required. PROPOSED SECTION TYPICAL STREET SECTIONS (Existing Concrete Curb) n Bonestroo ' Rosene Til l EAGAN, MINNESOTA FIGURE 4 Associ k& Associates OSLUND—TIMBERLINE ADD., PROJECT No. 643R Engineers& Archit eta 2335 West Highway 36 49\49532\49532R06 APRIL 1995 c MM. 4� St. Paul, Minn sofa 55113 Due to the new concrete curb and gutter construction, driveway and boulevard restoration is required. Driveway restoration will include reconstructing the lower portion of the existing driveway to match the new concrete curb and gutter. Any disturbed portion of existing driveways will be reconstructed of the same material to an equal or better condition. Sanitary sewer manhole and gate valve box adjustments are also required. In addition, existing storm sewer catch basins and leads are proposed to be reconstructed to present standards. Storm Sewer The existing storm sewer serving Oslund-Timberline is shown on Figure No. 5. The performance of the existing storm sewer since its construction was reviewed along with evaluating its present capacity compared to present standards. In accordance with design standards,it is recommended the existing storm sewer in Red Cedar Road be extended from Loon Lane to Cherrywood Court. It's also recommended a short storm sewer section be constructed in McCarthy Road at TH 13. A special inlet structure is proposed at McCarthy Road and Red Cedar Road to provide additional inlet capacity in the event of a blockage. In addition, a low point is proposed to be constructed in McCarthy Road opposite Lot 8,Block 3. Presently,the 51.7 acre(34.2& 17.5)drainage area shown on Figure No.5 is tributary to the existing low point in McCarthy Road at Red Cedar Road. When the capacity of the existing storm sewer is exceeded, storm water will overflow between Lots 18 and 19 Block 3. The estimated storm water overflow is 70 cubic feet per second (cfs) based on a 100-year event storm and the capacity of the existing storm sewer. Some erosion does occur when storm water overflows in this area. The new low point in McCarthy Road will insure the capacity of the existing storm sewer upstream is maximized. Therefore,by developing the new low point in McCarthy Road and providing additional inlet capacity to the existing storm sewer at Red Cedar Road and McCarthy Road it's felt the storm water overflow between Lots 18 & 19 Block 3 will be reduced. Two alternatives were also investigated to improve the overland drainage in this area which are not proposed to be constructed as part of this project. One alternative is to improve the overland drainage Swale as shown on Figure No. 6 by terracing the slope with retaining walls and riprap. The second alternative is shown on Figure No. 7 and provides for constructing a storm sewer pipe to convey the 100-year storm water overflow. In the case of each alternative, upgrading the existing maintenance drive over the existing sanitary sewer/storm sewer to T.H. 13 and improvements to 49532b.rpt 11 convey storm water overflow through this area are included. The alternative improvements or similar type improvements are presented herein for information and maybe considered at a future date if warranted. - 49532b.rpt 12 EXISTING/PROPOSED STORM EXTENSIONS • PROPOSED STREET PROPOSED T EET PROPOSED 6" Ex. 421 OVEEFLOV( . LOW POIN• I 'VC DRAIN TILE STORM "' `�'�'' � '` - Z LONE OAK ROAD (C.S.A.H. 26) $ " _ ,4, i4ç . 1/ A ., ! \ \ , \ 4 r , ,e� Ef i 1®, i_ ! \ 5 NeO>\< _ I 3 i 022--00 / s\�v I 9 �_....... t-4-1..:1 4)l /� ! 070-00 Cdr----- A Ex.\\24\ * .. y rV:'1; ,5 ‘14 11 10 �.c.0 �`7 $,TORM ... >. ; 6 x.11 : IeS '1 V / j �� c' \, 1?sez;RQ�. ' tY. 7 �J 1 n l- F 02o-0o / ', , \1 t:• "!�. k,% '\ s <. .tt z< 'i i •.,' 6 i S *. - i+ /i„071-00, i`',1 , ,F irks �c.,,„\ r\ . 1 , �t�JE+L ."a ` i ,04'w: '+.CPRx . 1 0\; �r0, ..- 1--: '"--1 o.. 7 Ct ' n: 11"�y 7 0i l �� J 1 2 + 1�.1>.;�c�i,,Yii. y •/'�`�, 11 '.`\ 4 G r t J `�•1 Q� l / ii72-00 ,F-S "∎ —� .5 `� 12� •��)'•.'> 1 ! -.:f „u a p PROPOSED 18" , �� / i 2 { ,, ,51 t6 17 ' 1s 1s tia 21 Z ` z 10 14 STORM SEWER ; 1 �ne 0 26 ! 27� 36 _! _ Ia _i I % / J '051-00. iDril'r r�l 2 1 11 : :.23?Y 'rtwc 4 ;y� fy ,. °�+ 1` µ2 1 PROPOSED �':'• i. r` -. s3�,,t4 .-� 1-44' / ' �• ';• 51 .7 Acres iNtET STRUCTURE ;r-1 -- -----_ '•�.,,:74 -- j PROPOSED 21” i ' f E1{,t '� y STORM SEWER 1 ,h •'��' + r 1 ter,,+ '..�:1 /..�,� 1 T. i ,' / 'n- FOUR OAKS RD I f ..----- ,H ^'�S?r h li '\ - • N o 250 500 Seale in feet STORM SEWER IMPROVEMENTS ivida Bonestroo Rosene vii EAGAN, MINNESOTA FIGURE 5 Anderlik & Associates OSLUND—TIMBERLINE ADD., CITY PROJ. N.. 643R 49532R01.DWG APRIL 1995 COMM. .9 oe. 0 Ex. 30" GRADE ACCESS ROAD Ex. 42" STORM TO Co. Rd. 26 —STORM FOR SANITARY SEWER 0__, ` r/' /- i i MA'IWEI�IANCEE I 1 �' / / '(( '`� ,l 1 i 1 '; Ex. 24" -�1 , /' ^ ... / ; 4. .' 1 I yy i SAN. / ' _ I SEWER ,:)/ 1 022-00 •`�;� i ��i"'� '��1 _� / .r''': '-- --L 070-00 @\ 0.L. A A ,0 " i,' r-. .�- �„ Ex. 24 GRADE & DEFINE ! 020-00 07,`00 ,' } `' ,3�'N�R� STORM OVERLAND DRAA�NAGE > " 14 ` . tnta FROM / 1 O 2/ 072-00 /9 '8 t'7 j i��".r�3\ 12 \11 TO T.H. 13, SOD & CON• TRUCT/ 3 /; 16 � 15 ;'�� 17 118 19 RETAINING WALL / / 6 I i ®; ..!RED_ CEC?AR8 RD TERRACES / CIER. FI4LC ' � / 051-00 I AraT';A' / 1 I w/RIPRAP AS ;, `� 14 13 2 � 11110 No Scale REQUIRED RESHAPE LOT 19 Ex. 18" (SEE BELOW) DRIVEWAY STORM PLAN VIEW --T' - __ 8301 \ log \ 4' TIMBER A 820 __ __. ) \,� _.._. RETAINING NWALL (TYP.) 01 a:i .\\ 810 . r cI RIP RAP (TYP.) ` 8001 - `14----i0, 0 1 °.sop\ � o Z' \S. 7900 100 200 300 400 • PROFILE VIEW PROPOSED RETAINING WALL TERRACING OVERLAND DRAINAGE SWALE — ALTERNATE kJ j Bonestroo Ros ne mi wig EAGAN, MINNESOTA FIGURE 6 A it & Associates OSLUND—TIMBERLINE ADD., CITY PROJ • 643R 49532R01.DWG APRIL 1995 (CZ". 4 532 GRADE ACCESS ROAD Ex. 30" TO Co. Rd. 26 Ex. 42" STORM FOR SANITARY SEWER STORM ` ` ;�A_ ` �► C - 1 l '�/ \' ` 1 • Ex. 24„ / / or- I SAN. -� _ 1 SEWER / 022-00 Y`�, 'f \ -r- _� -N�_, GRADE J;�._.__- / 070-00 • €.• 0.L.--5:::-.:-:: A o'• OVERLAND ! '�'''-- <<•�',, 12 ' pr, Ex. 24 020-00 ' 'f fi ) SWALE TOi' � z:-..,.��071-01 fI-'�"i` -)55(�,a\�AR`��- �vSTO M T.H. 13 �% / '17 ;,,6 ��� � G\� ;� 1 d 2 072 �0 ,19 t8 1 1� w' �.`�., \ 11 1 �- � '%t�l� 13 t�I 1 Ij -- ( . . 1 i��i 14"1171181 I �3 ;/ !! 1 ,,' 1 A\ 1'6 16 19 6 2 1 1 \..I RED I CEDAR I RD l o l y 1 I 11! ��; 051-00 DDI Q , / 14 1 13 1 11 i to No Scale / „ PROPOSED 36 / ; PROPOSED 30 STORM SEWER Ex. 18 STORM SEWER OVERFLOW STORM OVERFLOW STORM WATER OVERFLOW PIPE ALTERNATE Boneetroo Rosene • vii EAGAN, MINNESOTA FIGURE 7 Anderiik b Associates OSLUND—TIMBERLINE ADD., CITY PRO . . 643R 49532R01.DWG APRIL 1995 0 9532 Sanitary Sewer and Water Main Repair Sanitary sewer repairs include removing and reconstructing the existing 24" diameter sanitary sewer castings with 27" diameter castings. Water main repairs include locating and repairing fifteen (15) existing curb boxes(shut off)which are in need of repair, as identified by Public Works. In addition, Public Works has experienced an unusual number of water main breaks near the intersection of McCarthy Road and Red Cedar Road. Therefore, it is proposed to reconstruct approximately 600 lineal feet of water main at this location. Street Lights No street light improvements are proposed in Oslund-Timberline. Improvements would be considered if requested by the benefitted property owners. 49532b.rpt 16 CO . Easements / Permits A small permanent street easement(200 sq. ft.) is required from Lot 1, Block 1, Odell Addition to realign McCarthy Road as shown on Figure No. 2. No additional easements are required because all work is in public right-of-way. It's anticipated a permit will be required for the reconstruction of McCarthy Road at T.H. 13. 49532b.rpt 17 Cost Estimate A preliminary cost estimate is presented in Appendix A located at the back of this report and is summarized below: I. Street A. Bituminous Street Reconstruction $428,350 B. New Concrete Curb 189,485 C. Repair Existing Concrete Curb 22,570 II. Storm Sewer 102,990 III. Storm Water Overflow Alternates A. Overland $59,030 B. Storm Sewer Pipe $96,015 IV. Sanitary Sewer and Water Main Repairs 72.910 Total $816,305 The total estimated project cost($816,305) includes contingencies and indirect costs. Contingency costs are estimated at 10%, while indirect costs, which include legal, engineering, administration, and bond interest, are estimated at 35%. The stormwater overflow alternates are shown, but not included in the total estimated project cost. The total estimated project cost including the storm water overflow alternate for storm water overflow pipe (Figure No. 7) is $912,320 and for the overland drainage swale (Figure No. 6) is $875,335. • 49532b.rpt 18 Area to Be Included The area to be included for assessment purposes and construction only are presented on Figure No. 2 and listed below: Assessment Area Construction Area Oslund-Timberline Addition Oslund-Timberline Addition Block 1,Lots 1-15 Block 2, Lots 11-18 Block 2,Lots 1-10, 19, 20 Block 4, Lots 37-42 Block 3,Lots 1-6, 8-19, Parcels 071-03, 072-03 Block 4, Lots 1, 2, 5-19, 21-36, Parcels 031-04, 041-04, 202-04 Block 5, Lots 1-15 Dierenfield Addition Block 1,Lots 1, 2 McCarthy Ridge Lot 3, 6 Parcels 020-00, 022-00, 051-00 (Lot 5, 6) 070-00, 071-00, 072-00 Odell Addition Block 1,Lot 1, 2 49532b.rpt 19 Assessments Assessments are proposed to be levied against the benefitted property in accordance with the City of Eagan's Assessment Policy for Street Reconstruction which is summarized below. A preliminary assessment roll is included in Appendix B located at the back of this report. All costs will be revised based on final project costs. It should be noted the amount of the assessment can not exceed the benefit. Appraisals are presently being done on select properties to determine the benefit. It's expected this information will be available at the time of contract award. Residential/Duplex Assessed City Bituminous Street Reconstruction 75% 25% New Concrete Curb 100% 0% Repair Existing Concrete Curb 0% 100% Storm Sewer 0% 100% Overland Drainage Swale 0% 100% Sanitary Sewer/Water Repair 0% 100% Storm Water Overflow Alternatives 100% 0% A summary of the cost/lot is listed below: Estimated Cost/Lot Bituminous Street Reconstruct $2,947 New Concrete Curb 2.178 Total $5,125 All properties are proposed to be assessed, based on the improvement abutting their property, for bituminous street reconstruction and new concrete curb. The new storm sewer extensions including the new low point in McCarthy Road are not proposed to be assessed. However, if the stormwater overflow alternatives are considered at a future date, it is recommended their cost be assessed to the benefitted property. It should be noted in Block 3 Oslund-Timberline Addition, Lot 6/Parcel 071-03, and Lot 8/Parcel 072-03, are assessed one lot equivalent each for assessment purposes. Lot 6/Parcel 071-03 and Lot 49532b.rpt 20 8/Parcel 072-03 are each owned by one owner, and it's felt they will not subdivide in the future. Parcel 051-00 in McCarthy Ridge is assessed two lot equivalents because it includes both Lots 4 and 5 and could subdivide in the future. The property owner will have the option at the time of the assessment hearing to pay the assessment in full following the assessment hearing or include the assessment as part of their property tax statement. If the assessment is included on the property tax statement, the assessment will be spread over a period of time and at an interest rate determined by the City Council. If the assessment is spread over a 15-year period at an 8.5% interest rate, the following payment schedule will result based on the following assessed amounts: Assessment= $5,125 Principal Interest Cost Per Cost Per Per Year Per Year Year Month 1st Year $342 $436 $778 $65 15th Year 342 29 371 31 Assessment= $2.947 1st Year $197 $251 $448 $37 15th Year 197 17 214 18 49532b.rpt 21 Revenue A summary of revenue sources is listed below: Project Cost Revenue Balance Bituminous Street Reconstruction $428,350 $321,223 -$107,127 New Concrete Curb 189,485 189,485 0 Repair Existing Concrete Curb 22,570 0 22,570 Storm Sewer 102,990 0 102,990 Sanitary Sewer and Water Main Repairs 72.910 0 72.910 Total $816,305 $510,708 $305,597 The anticipated project deficit is approximately $305,597, which will be the responsibility of the major street fund and respective utility funds. • 49532b.rpt 22 • Project Schedule Present Feasibility Report May 23, 1995 • Public Hearing June 20, 1995 Approve Plans & Specifications June 20, 1995 Award Contract July 18, 1995 Interim Completion October 15,1995 Completion June 1996 Assessment Hearing Summer 1996 First Payment Due w/Property Tax Statement May 1997 It is not expected the entire project will be completed in the 1995 construction season. However, the specification and work schedule will require all streets and driveway disturbed in the 1995 construction season be restored by the interim completion date (October 15, 1995). • 49532b.rpt 23 62 APPENDIX A Preliminary Cost Estimate Oslund-Timberline Addition City Project 643R File 49532 I. STREET A. Bituminous Street Reconstruction 120 EA Temporarily relocate mailbox @ $50.00/ea $ 6,000 Lump Sum Traffic control @ $7,000.00/1s 7,000 25,900 SY Reclaim bituminous pavement @ $1.50/sy 38,850 3,200 CY Common excavation @ $4.00/cy 12,800 1,200 CY Subgrade excavation @ $4.00/cy 4,800 1,200 CY Select granular borrow @ $5.00/cy 6,000 5,000 TN Aggregate base Class 5 100% crushed_@ $7.00/tn 35,000 2,900 TN Bitum. base course mixture @ $13.00/tn 37,700 1,450 TN Bitum. wear coarse mixture @ $14.00/tn 20,300 480 TN Bitum. material for mixture @ $130.00/tn 62,400 130 SY Concrete valley gutter @ $30.00/sy 3,900 250 MG Water @ $20.00/MG 5,000 12 EA Adjust GV @ $150.00/ea 1,800 9 EA Adjust storm existing storm MH/CB @ $500.00/ea 4,500 17 EA Remove/reconstruct existing MH/CB structure @ $1,400.00 23,800 250 LF Remove/reconstruct existing storm sewer pipe @ $30.00/lf 7,500 500 SF Retaining wall @ $15.00/sy 7,500 180 LF Guardrail @ $20.00./lf 3.600 Subtotal $288,450 + 10% Contingencies 28.845 Subtotal $317,295 + 35% Indirect Costs 111,055 Total $428,350 • 49532\appxa.rpt t 7,1 B. New Concrete Curb 11,300 LF B618 Concrete curb & gutter @ $6.00/if $ 67,800 3,000 SY Driveway repair @ $11.00/sy 33,000 800 CY Topsoil borrow @ $8.50/cy 6,800 10,000 SY Sod @ $2.00/sy 20,000 Subtotal $127,600 + 10% Contingencies 12,760 Subtotal $140,360 +35% Indirect Costs 49.125 Total $189,485 C. Repair Existing Concrete Curb 800 LF Remove existing concrete curb & gutter @ $3.50/if $ 2,400 800 LF Concrete curb & gutter @ $8.00/if 6,400 400 SY Driveway repair @ $11.00/sy 4,400 100 CY Topsoil borrow @ $8.00/cy 800 600 SY Sodding @ $2.00/sy 1,200 Subtotal $15,200 + 10% Contingencies 1.520 Subtotal $16,720 +35% Indirect Costs 5.850 Total $22,570 49532\appxa.rpt A 2 II. NEW STORM SEWER EXTENSION 380 LF 21" RCP storm sewer @ $34.00/If $12,920 50 LF 18" RCP storm sewer @ $29.00/if 1,450 120 LF 15" RCP Storm Sewer @ $24.00/lf - 2,880 2,800 LF PVC draintile @ $10.00/If 28,000 5,000 SY Geotextile fabric @ $1.50/sy 7,500 7 EA Std MH/CB w/cstg @ $1,200.00/ea 8,400 Lump Sum Special inlet structure @ $7,500.00/1s 7,500 1 EA 18" flared end section @ $700.00/ea 700 Subtotal $69,350 + 10% Contingencies 6,940 Subtotal $76,290 +35% Indirect Costs 26.700 Total $102,990 49532\appxa.rpt 72-17 HI. STORM WATER OVERFLOW ALTERNATES (MCCARTHY/RED CEDAR ROAD) A) Overland Drainage Swale (Figure 6) Lump Sum Grading (maintenance drive, terracing) @ $10,000.00/1s $10,000 150 SY Bituminous drive repair @ $17.00/sy 2,550 600 SY Stabilization fabric @ $2.00/sy 1,200 500 TN Class 5 for maintenance drive @ $8.00/tn 4,000 400 CY Topsoil borrow @ $8.00/cy 3,200 1.0 AC Seed w/mulch/fertilizer @ $1,000/ac 1,000 3,000 SY Sod @ $2.00/sy 6,000 400 SF Retaining wall @ $17.00/sf 6,800 40 CY Riprap @ $50.00/cy 2,000 Lump Sum Clear and grub trees @ $2,500.00/1s 2,500 50 CY Landscape rock @ $10.00/cy 500 Subtotal $39,750 + 10% Contingencies 3.975 Subtotal $43,725 +35% Indirect Costs 15.305 Total $59,030 49532\appxa.rpt OP4 • B) Storm Water Overflow Pipe (Figure 7) 270 LF 36" RCP storm sewer @ $60.00/if $16,200 350 LF 30" RCP storm sewer @'$50:00/lf 17,500 3 EA Std. MH @ $1,500.00/ea 1,500 1 EA 30" flared end section @ $1,300.00/ea 1,300 Lump Sum Grading (maintenance drive) @ $5,000.00/1s 5,000 150 SY Bituminous drive repair @ $15.00/sy 2,250 600 SY Stabilization fabric @ $2.00/sy 1,200 500 TN Class 5 for maintenance drive @ $8.00/tn 4,000 400 CY Topsoil borrow @ $8.00/cy 3,200 1,000 SY Erosion fabric @ $4.00/sy 4,000 1.0 AC Seed w/mulch/fertilizer @ $1,000.00/ac 1,000 3,000 SY Sod @ $2.00/sy 6,000 Lump Sum Clear and grub trees @ $1,000.00/1s 1,000 50 CY Landscape rock @ $10.00/cy 500 Subtotal $64,650 + 10% Contingencies 6.470 Subtotal $71,120 +35% Indirect Costs 24.895 Total $96,015 49532\appxa.rpt A 5 • • IV. SANITARY SEWER AND WATER MAIN REPAIRS 7 EA Reconstruct sanitary MH @ $700.00/ea $ 4,900 25 EA Adjust sanitary MH w/new cstg @ $400.00/ea 10,000 15 EA Locate and repair curb boxes @ $500.00/ea 7,500 600 LF 6" DIP water main @ $30.00/1f 18,000 6 EA 6" GV box @ $500.00/ea 3,000 1 EA Hydrant @ $1,200.00/ea 1,200 800 LB Fittings @ $1.00/1b 800 5 EA Corporation stop @ $50.00/ea 250 5 EA Connect to exist. copper water service @ $400.00/ea 2,000 3 EA Connect to exist. water main @ $500.00/ea 1.500 Subtotal $49,100 + 10% Contingencies 4,910 Subtotal $54,010 +35% Indirect Costs 18,900 Total $72,910 • 49532\appxa.rpt A - 6 APPENDIX B Preliminary Assessment Roll Oslund-Timberline Addition City Project 643R File 49532 A) OSLUND-TIMBERLINE Cost per LotlEquivalent Parcel Description No. Lot Bituminous Street Concrete Total Cost per Total Equivalents Reconstruction Curb Lot Equivalent Assessment OSLUND-TIMBERLINE ADDITION Block 1, Lots 1.15 15 2,947 (1) 2,178 (2) 5,125 76,875 Block 2, Lots 1-10 10 2,947 2,178 5,125 51,250 Block 2, Lots 19-20 2 2,947 2,947 5,894 Block 3, Lots 1-5 5 2,947 2,947 14,735 Block 3, Lot 6 & Parcel 071-03 1 2,947 2,947 2,947 Block 3, Lot 8 & Parcel 072-03 1 2,947 2,947 2,947 Block 3, Lots 9-11 3 2,947 2,947 8,841 Block 3, Lots 12.19 8 2,947 2,178 5,125 41,000 Block 4, Lots 1,2 2 2,947 2,947 5,894 Block 4, Parcel 031-04, 041-04 2 2,947 2,947 5,894 Block 4, Lots 5.10 6 2,947 2,947 17,682 Block 4, Lots 11-19 9 2,947 2,178 5,125 46,125 Block 4, Parcel 202-04 1 2.947 2,178 5,125 5,125 Block 4, Lots 21.36 16 2,947 2,178 5,125 82,000 Block 5, Lots 1-15 15 2,947 2,178 5,125 76,875 DIERENFIELD ADDITION Block 1, Lots 1, 2 I 2 I 2,947 I 2,178 I 5,125 I 10,250 MCCARTHY ADDITION , Parcel 020-00, 022-00 2 2,947 2,178 5,125 10,250 Lot 3 1 2,947 2,178 5,125 5,125 Parcel 051-00 (Lots 4, 5) 2 2,947 2,178 5,125 10,250 Lot 6 1 2,947 2,178 5,125 5,125 Parcel 070.00, 071-00, 072-00 3 2,947 2,178 5,125 15,375 ODELL ADDITION Block 1, Lots 1. 2 2 2.947 2,178 I 5,125 10.250 TOTAL 109 321,223 189.485 I 510,709 (11 Rate equals 75% of Bituminous Street Reconstruct ($428,350) divided by number of lot equivalents (109) - $2,947 (2) Rate equals 100% of New Concrete Curb ($189,485) divided by number of lot equivalents (87) - $2,178 49532\appxb.rpt 2 3 RECEIVED juN j 2 /995 June 7, 1995 • Mayor/City Council Members City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mayor and City Council Members: I am writing relative to City Project#643, Oslund-Timberline Addition, Street and Utility Reconstruction. I live at 3060 Woodlark Lane and have been a resident there since 1968. I strongly support this project because the deteriorating street situation needs to be- remedied. 1 feel it is a "pay me-now or pay me later" proposition as the condition of the streets will only continue to deteriorate. I understand and respect the position that some of my neighbors are taking, but 1 feel that the special assessments associated with this project will only result in benefits to our neighborhood such as better/safer street conditions and enhanced future value of our property. I strongly encourage the City Council to approve this project. Sincerely, 6)14, Gerald M. Kanne 3060 Woodlark Lane Eagan, MN 55121 CC: Tom Hedges,City Administrator Tom Colbert, Director of Public Works • 4(L June 15, 1995 REeE/VE� JUN 1 6 1995 City of Eagan Honorable Mayor and Members of The City Council Re: City Project #643-Oslund-Timberline Addition-Street and Utility Construction The Engineer's report for the above project has been reviewed and we have been advised that the Assessment Roll, listing 109 lot equivalents, contains a significant discrepancy. Please refer to the attached, taken from county records, in which the State of Minnesota, through. condemnation, aquired property in order to widen the right-of-way of Hiway # 13 by 62.5 feet. In doing so, the State granted to the abutting property, permanent access (right of ingress and egress) to Hiway # 13. This action was recorded on March 12, 1947. Four years and three months later (June 12, 1951) the subdivision known as McCarthy Ridge was filed with the county. It established McCarthy Road in order to provide access to all other properties to the East not accessable to Hiway #13. We, the undersigned, as owners, have lived here for thirty years or more. We have direct access to Hiway # 13. We have never received any benefit from the construction of McCarthy Road. We therefore find no justification for the assessment being listed in the above report. ��, ✓� ��%sue,.. "�_� �:/^a2 ll/ ..Qitvl�7-� Eleanor Keegan Morson George . Stevenson Owner of Lot 020-00 Owner of Lot 022-00 State of Minnesot a,by State of Minnesota.County of Dakota. J..& A.Burnquist, Its In District Court.First Judicial Dis- Attorney General, trict.Re Matter of the Condemnation of -Petitioner, Certain Lands for Trunk Highway Purposes 17 John McCarthy,et Recorded Mar.12 ,1947sinaBookM1 46 of 947. a t al. -Respondents. Mtges. ,on page 79.The object of this action is to acquire for 'trunk highway purposes,the following described real estate situate in Dakota Coin+' nty,Minnesota to-wit :- PARCEL 32_ S.P. 1901-01. (13=117) 902 All that part of the following described tract: Government Lot 1, Section 9,Township 27,.Range 23 ; which lies within a distance of 112.5 feet on each side of the following described line; Beginning at a point on the north line of said section 9,distant 1197 feet east of the northwest corner thereof; thence run south- westerly at an angle of 68°33 ' with said north line for 1500 feet, and there terminating; together with a strip of land 62.5 feet in width adjoining and south. easterly of the above described strip; beginning opposite a point on the above described line,distant 1024.3 feet southwesterly of the north line of said section 9(when measured along said line )and extending southwesterly to the south line of the above described tract; together with a strip of land 32.5 feet in width adjoining and southeasterly of the first above described strip;Beginning at the . point of beginning of the last above described strip and extending northeasterly for 325 feet (when measured along the above described tine) ; also together with a strip of land 12.5 feet in width adjoining and SEtly of the first above described 1trip; Beginning opposite a point on the first above described line,distant 259.3 feet south- westerly of the north line of said section 9 and extending SW'ly for 60 feet (both distances being measured along the above described line) ; containing 3 .63 acres,more or less ,in addition to the existing highway; together with all right of access ,being the right of ingress to and egress from all that ortion of the above described tract,not acquired herein to Trunk Highway No.13 ,excent that the abutting owner shall retain the right of access betti*een points distant 679.3 feet and 739.3 feet SW' ly of the north line of said Section 9(when measured along the above described line) . T49 Ili I,?11Iit l�'�lill;111 r 11,11,llf,f'ilitiI11111,1411111111 11111!11111"1,P0,li' 15, 11 lic to6 , MEMO __city of eagan TO: TOM COLBERT, PUBLIC WORKS DIRECTOR MIKE FOERTSCH, ASSISTANT CITY ENGINEER FROM: JOHN CORDER, BRAA DATE: JUNE 15, 1995 SUBJECT: NEIGHBORHOOD INFORMATIONAL MEETING -JUNE 13, 1995 OSLUND-TIMBERLINE STREET AND UTILITY RECONSTRUCTION PROJECT NO. 643, BRAA FILE NO. 49532 A neighborhood informational meeting for the above referenced project was held on June 14, 1995. The purpose of the meeting was to present the project report to the neighborhood residents, provide the history of the proposed project, provide construction details, and answer questions prior to the public hearing scheduled for June 20, 1995. A list of residents in attendance is attached. Specific areas of street reconstruction, storm sewer, and water main repairs were discussed. Assessment policy and determination, cost estimates, and project schedule were also presented and discussed. Specific issued raised by residents and discussed: • The appraisal process and determination. Tom Colbert explained that the City would contract an independent appraiser to conduct 5 or 6 appraisals of homes in the neighborhood to determine maximum benefit to the properties. These appraisals are scheduled to be done before the award of the contact at the July 18, 1995 Council meeting. The appraisals shall be a detailed inside and outside analysis of the property and that they generally reduce the amount of assessment from the estimated amount in the report. One resident questioned whether the value of a property is enhanced with new streets. Taxes based on the value of his house increase regardless of street condition. • Assessments. Tom Colbert explained that assessments are determined on a per lot basis and that based on previous appraisals to determine assessments, the split in project costs of previous projects was on average 50% City and 50% assessed residents. • The storm sewer, streets and accompanying drainage was not adequately designed in the original construction of the Oslund-Timberline development. Tom Colbert and a resident explained that there was no engineering staff in place at the time to insure proper design and that the Town Board allowed the developer free reign over the construction of the streets and storm sewer for the area. City staff will insure proper design and construction as part of this project. • The need for concrete curb and gutter. Tom Colbert explained that concrete curb and gutter extends the pavement life of a street by protecting the pavement edges from snow plows and drainage problems. Concrete curb and gutter also protect boulevards from snow plow damage. • Bituminous driveway restoration will leave unsightly cracks or joints in driveway. Tom Colbert explained that there is no alternative to this method of construction and that it is necessary to insure proper drainage from the driveway to the new concrete curb and gutter. • Consensus among attending residents that the project is necessary. A majority expressed the fact that denial of the project last year (February 1994) caused residents to actually look at their street's condition. Many residents feel that the streets in Oslund-Timberline Addition are in poor shape and the project is overdue. A resident expressed that a street's bad condition may lead to poorly maintained driveways and houses and that new streets would be an investment in the community. A minority of residents attending felt that all the streets need is a good seal-coating. It was explained that seal-coating would not upgrade the present condition of the streets. • Street lights. City staff explained that street lights would be considered if the City Council is petitioned by approximately 35% of residents in favor of their construction. An estimate from NSP determined that the cost per lot for street lights would be about $700 - $800. There would not be a significant cost savings in their construction if they are installed at time of street reconstruction. This is due to the fact that the power source for the lights would come from power poles in the neighborhood backyards and not from underground burial in the streets. There has been previous public hearings held on the possible construction of street lights for Oslund-Timberline but all project have been denied. • is McCarthy Road reconstruction from Red Cedar to T.H. 13 justified based on its age of 19 - 20 ,years old? The City's Pavement Management Program indicates that this section of street is in need of total reconstruction. Again, original construction was not to present City standards; streets will be upgraded to those standards as part of this project. • Is McCarthy Ridge considered a public street and is there benefit to the properties on that street because it is an unimproved road maintained privately? McCarthy Ridge is a platted; shared public right-of-way to the south but not to the north of McCarthy Road; no portion of it is considered a public street. The resident attending who lives to the south of McCarthy Road (Parcel 051-00) on McCarthy Ridge expressed his feeling that he should not be assessed because his driveway does not take direct access to McCarthy Road. Tom Colbert stated that this comment would be forwarded to the City Council. If the assessment for this property is reduced or eliminated, it would not affect the assessment to the remaining property owners in the project area. The portion of McCarthy Ridge to the north is not platted and takes direct access to McCarthy Road and therefore is subject to assessment. • 100% assessment of storm water overflow alternate identified in the report. If the storm water overflow alternate was to be included as part of this project, the costs associated would be assessed to the property owners within the affected drainage area. • Garbage trucks cause wear and tear on streets. Tom explained that the City has previously investigated consolidation of refuse service. He made the suggestion that neighborhoods get together to contract one garbage hauler to reduce the number of trucks running on the streets each week. • Cost estimate figures are higher in the updated report than in the 1994 report. The amount of concrete curb repair estimated was increased due to possible grade changes on McCarthy Road to help alleviate drainage problems. Also, additional drain tile was included for subgrade drainage correction along McCarthy Road. Both increased construction items and the associated costs are proposed to be City costs. The preliminary report costs for the remainder of the construction has not changed significantly. Jo Gorder, P.E. - BRAA , JG/cb Attachment: Resident attendance list Map depicting property owners who attended neighborhood meeting INFORMATIONAL MEETING OSLUND-TIMBERLINE ADDITION TUESDAY, JUNE 13, 1995 - 6:30 P.M. NAME- . ' ADDRESS . - , t` 1 • 0 .T 2. ' LA.- �4_ 7 . ..-,,,A .,-,<:' ��?ice„�,� , —c_c 8. i , Ls' 0 . J . 3. .�/r I,, , ✓ in �. _ , -I /. . ;-. _ ,+\i i. ._,.. - 13 / L.. 0 n. T 4.,.` I ^:�<�-:?i�l.�'., , /� /`�.//) / `r /i!!�,,'/�. ---J/r''.i� ��- 1 cl L 1 . 0 . .7 6. ?fit:114AI-- "Iik'//;,--,7 3 0 c c: ` /O . 18. l i zr-• fv -I,';( I. \ _il� •c- `L f.�: • �: J .J r `J 2- L 7. „...._.„-,. . ..„......„•,,_____._ . ---) _, ,. i .,_, . •,—,/ /..,.-/ 1,e12__(--A.:.------r . , ---- ..„/ ,, ,---- 6 , , it, - R . 10. �i 1:.�,-Y.. „�11.r: c, ., . 3 r :76:' /Lti r- (e .-.(I. rt, elc_ L L . o s 1 -c..,...-Z?-1 =I �� '"���'� /,'/.(77-77, , y, L 12 / •J L — — G i-;-, ,/„,c.._. ' -3, ;./ 7� .: �4�.. L_ g 1, 1 c ,2. ,L _--.„2„, Q . 1 13. :%� �.�' 7-c-., /' "-. ..' n, '.(-�?.-t..-d- '7r-K ./J. ) L. i (), Tin./ L.Ifri_. ay ,_-e--i-Lic-L 3z.1 7 it,,'eti c0 an k-- . 2, I .,. / aTi ... /,,i1, 1. It f 0, L. ,, i'?.,)i(Li- ly7okl,1 67/((i ( . -. 6. i , L 1 s---- - 056. ���, , C_., _:_:\ 3 -_, ,-t-,4 C --Q__L ;,...,..„C.:. �° �Q V,/ 3 3 -. :i?„....? ja4‘L Z1 0.T 1s. /-V-4.---1- !``ee:`` / yy f -r `�� r� /. i , L 19 ' 1 '-z '` ��� - .:� 72 cy 6 y, 1 32 / ' % / i Cr0 .1o. 11,,Y- -7..) /-A.C-1,,I(I A-. k L. ,-,_z 13 2, L )4. e LTS#5/SIGNIN.SHT/JJ ? , INFORMATIONAL MEETING OSLUND-TIMBERLINE ADDITION • TUESDAY, JUNE 13, 1995 — 6:30 P.M. NAME ADDRESS 0 ,T 1. 1 [8 _ •, 0 3/131/ ro / 4_,/ L 0.T 4. ) , , _ „ - - ) , L 2 . . L . 07 I OJ — /1.-- ,..e;re. - 117 -) Z /11 /179/ 2,111 ,/7c 13, 9 8. 9. 10. 11. 12. 13. 14. 15. - 16. 17. 18. 19. 20. LTS#5/SIGNIN.SHT/JJ a • % E9 1-1 L ,. _ . ; , 11.4::::::. . .Tt 1111111111 I 1.1-: :::1 . i'`. �: V J v. mar•-y':- w :: ;: ' 'WI . G -. r 3 a0 330►I'8 • Nld 0 � ' :x:: O O . w R R:; « R • m • p a cc V L • 4.0.:i:O a d . �vn� Z � J g , p a Yd .t-at► 6.11711 0 . z} ,x1 ' • (V 11C-016 Q A 3 et-006 • • G Py�Z Z < W 1 $ NUI " # Z l'. s ? s ui 00' Vf Nre• a© a N 0. , lila at- CC , y�• fir; Q 3 cc O X11 ^ — • • ..°. •� tVi 1. (� �ry Jw 4 •J W V • ^+ W L CL /44z CC 17,�S o N O J x b o J_• •t'%\X O % � w 0. ?)0----. — Page Three , June 3, 1994 PROJECT #643, TIMBERLINE ADDITION (STREET REHABILITATION) The City Attorney provided an oral update on the status of the legal issues raised by Sven Borgersen(1529 McCarthy Road)regarding easements and assessments associated with acquisition of tax forfeit property. The preliminary opinion indicated that the concerns raised should not have an affect on the proposed project. The City Attorney will provide a written response to Mr. Borgersen and forward the engineering concerns to the Public Works Director for further research and response as well. The committee members then took a tour of the neighborhood streets with Public Works Director Colbert and Superintendent of Streets Erhart to review the condition of the streets and the proposed realignment of McCarthy Road as it approaches Highway 13. A brief explanation as to how pavement conditions were rated and evaluated in the field was provided by Superintendent Erhart. Upon completion of the tour, there was a consensus that the streets were near the end of their life cycle and were beyond the ability to be maintained through routine maintenance and required reconstruction to provide any reasonable life expectancy. • In regards to the proposed realignment of McCarthy Road as it approaches Trunk Highway 13, it was not felt that this was necessary if there was strong opposition to it from the neighborhood. SUMMARY The meeting was then adjourned back at City Hall at approximately 6:00 p.m. Respectfully submitted, /P" Thomas A. Colbert Attachment-Sign-in sheet TAC/je c.,(3 Agenda Information Memo June 20, 1995 Eagan City Council Meeting E. VARIANCE - OPUS CORPORATION - LOT 1, EAGAN1) LE fFNTFR INDUSTRIAL PARK NO. 2 ACTION TO BE CONSIDERED: • To approve or deny a Variance to allow more than one ground sign for Lot 1, Eagandale Center Industrial Park No. 2, located north of Lone Oak Road and west of the Soo Line Railroad. FACTS: • The Sign Code permits one ground sign per building. • The building is 782'.in length and the lot has 1,200 feet of frontage on Lone Oak Road. • The site has two access points along Lone Oak Road located 800' apart. • They are requesting the Variance to allow a ground sign at each entrance to identify the building and not specific tenants. • The applicant believes that one sign located at the midpoint is not adequate. BACKGROUND/ATTACHMENTS: (1) Q i Staff report - pages "1 S andq . PLANNING REPORT CITY OF EAGAN REPORT DATE: June 14, 1995 CASE #: 2-V-11-6-95 APPLICANT: Opus Corporation HEARING DATE: 6-20-95 PROPERTY OWNER: Opus Corporation PREPARED BY: Erik Slettedahl REQUEST: Variance to Sign Code LOCATION: Lone Oak Commerce Center 917 Lone Oak Road Lot 1, Eagandale Center Industrial Park #2 COMPREHENSIVE PLAN: Industrial ZONING: Industrial • SUMMARY OF REOUEST Opus Corporation is requesting a variance from the Sign Code to allow two monument style ground signs for the Lone Oak Commerce Center at 917 Lone Oak Road. CODE REOUIREMENTS • Section 4.20, Subdivision 6., A. allows up to one free-standing ground sign per building. Such signs shall be limited to seven feet total height, with four foot maximum height of sign area. AUTHORITY FOR REVIEW Section 11.40, Subd. 3, C., states: 1. If the Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant. 2. That the granting of the proposed variance will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan. 3. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. BACKGROUND/HISTORY Eagandale Center Industrial Park #2 was platted prior to 1980. A building permit was issued February 7, 1995 for the Lone Oak Commerce Center. There are no special sign conditions associated with this development. PROPOSAL The Lone Oak Commerce Center (currently under construction) is a 134,004 Square foot multi- tenant structure designed to house multiple industrial uses. The building is 782' in length with a general width of 162'. In light of the approximate 1,200' frontage along Lone Oak Road, the applicant is requesting two ground signs to identify the center. The current Sign Code only allows one ground sign per building. The site has two access points approximately 800' apart from Lone Oak Road. The applicant believes the hardship for an additional sign relates to the amount of frontage along Lone Oak Road and the need to provide a safe and efficient way of directing traffic onto the site. This sign proposal does not indicate any tenant names associated with these signs, simply the Lone Oak Commerce Center name. All other sign regulations would be met. SUMMARY/CONCLUSION Due to the 1,200 feet of frontage on Lone Oak Road (and 780 foot long building), it appears that two ground signs would be beneficial in identifying the building to Lone Oak Road traffic, provided the signs are separated by at least 750' and placed at separate access points. These signs will be designed to simply identify the building, not individual tenants. ACTION TO BE CONSIDERED To approve/deny a variance to the Sign Code to allow two ground signs for the Lone Oak Commerce Center located at 917 Lone Oak Road. If granted, the variance shall be subject to the following conditions: 1. The proposed signs are to be located at separate access points. 2. The signs are restricted to ground style signs displaying the name of the center only. 3. All other Sign Code regulations shall be complied with. 4. All signage requires a permit issued by the City. (0 Id "1:1)4e U) ,1',117 1 ' 1�/ Y BEATRICE ST. s is 1 AY 0 I.McKEE ST. 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' • • • . . • • • . • • P/F ILLUM.PYLON SIGN GI NORDQUIST SCALE:NTS ._... , ' '4 SIGN COMPANY Agenda Information Memo June 20, 1995 Eagan City Council Meeting A. AMEND CITY CODE CHAPTER 10 TO CHANGE THE DOG LICENSE PERIOD FROM ONE TO TWO YEARS ACTION TO BE CONSIDERED: To approve or deny the amendment of City Code Chapter 10 to change the dog license period from one to two years. FACTS: Police Department staff is requesting that the ordinance regarding licensing of dogs be changed from one to two years for the following reasons: • It would be more convenient for residents of the City of Eagan. • It would save taxpayer dollars for postage, dog tags and paper. The proposed ordinance amendment also contains a provision whereby a dog who is less than 12 months old must receive a second rabies vaccination in 12 months. This is to correct an oversight in the wording of the original ordinance. ATTACHMENTS: • Memo from Administrative Captain Sewald regarding the ordinance change, page 1 I • Proposed amended ordinance, pages (C .-throug C)3 . police department PATRICK GEAGAN Chief of Police RICHARD SWANSON Captain Administration&Investigation city of eagan JAMES SEWALD Captain Patrol 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122-1897 Mayor PHONE:(612)681-4700 TDD:(612)454-8535 PATRICIA AWADA FAX:(612)681-4738 SHAWN HUNTER SANDRA A.MASIN THEODORE WACHTER June 7, 1995 Council Members TO: Chief Patrick J. Geagan T ty Administrator S C E.J.VAN OVERBEKE FROM: Jim Sewald, Administrative Captain City Clerk SUBJECT: Ordinance Change for Dog Licensing The police department has recently taken over the complete licensing for dogs so that it all consolidated into one department. This decision was made to insure all the information was in one department so it could be handled more efficiently. Also, this made it more convenient for the public to only have contact with one department rather than two different departments in two different locations. It was decided that our receptionist staff would handle all the licensing since they are located where the public has easy access to them. When presented with this task, they suggested that we license every two years. This would save money in postage, dog tags, paper and time, plus it would be less of a hassle for the public to license their animal every year. I discussed the change with Animal Control Officer Kathleen Gilbertson. She agreed it would be easier, more convenient for staff and the public and more cost effective to license every two years. I sent the old ordinance and the proposed changes to the City Attorney. It was quickly approved and returned back to me. There were two changes proposed in the ordinance. The first was to make the license period every two years. The second change was suggested by Kathleen relating to inoculation. She has learned that when vaccinating a dog less than 12 months old, that the dog should be vaccinated again in 12 months to insure proper inoculation. After that, every two years is sufficient. In summary, the ordinance changes are minor, saves tax payers dollars and would be easier for the public. It would also result in enhanced service to the citizens of Eagan in the handling of dog licensing issues. If you have any questions or concerns, please contact me. Jim Sewald THE LONE OAK TREE . . . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal OpportunIty/ANirmatly Action Employer • ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIME & OFFENSES" BY AMENDING SECTION 10.11 REGARDING ANIMAL LICENSING AND RABIES VACCINATION; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 10 is hereby amended by changing Section 10.11, subd. 3(B), to read as follows: B. Period and Fees. All dog licenses shall expire on February 20 of each even-numbered year and shall become delinquent on February 21 in each even- numbered year or within six months after the dog's birth. All fees for the licensing of dogs and impounding of dogs and cats, including penalties for late application, shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees may from time to time be amended by the Council be resolution. A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the City Clerk-Treasurer and open to inspection during regular business hours. Section 2. Eagan City Code Chapter 10 is hereby amended by changing Section 10.11, subd. 10(A), to read as follows: Subd. 10. Rabies Control. A. Inoculation.Any owner of a dog or cat over six months of age must have such dog or cat inoculated against rabies in accordance with this Subdivision and possess a certificate of a veterinarian duly licensed to practice veterinary medicine within the State of Minnesota which certificate shall state that the dog or cat has a current'inoculation against rabies. Any dog vaccinated with a modified live or =triznmune killed rabies vaccine shall be revaccinated at no more than 24-month ' intervals; any dog vaccinated with any other killed rabies vaccine or while under _ twelve(12) months of age shall be revaccinated at no more than 12-month intervals. • Any cat shall be revaccinated at no more than 12-month intervals for any and all types - of vaccines used. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: • • • • • . iD � Agenda Information Memo June 20, 1995 Eagan City Council Meeting B. REQUEST TO RECONSIDER PRELIMINARY PLANNED DEVELOPMENT& PRELIMINARY SUBDIVISION-SAFARI-AT-EAGAN 3RD ADDITION ACTION TO BE CONSIDERED: To approve or deny the request to reconsider a Preliminary Planned Development and Preliminary Subdivision for the Safari-at-Eagan 3rd Addition located FACTS: • On May 15, 1995, the City Council adopted findings for denial of the Preliminary Planned Development and Subdivision for the Safari-at-Eagan project. • The City has received a request from Fortune Realty's attorney to reconsider its action. • The City Attorney has prepared a memorandum with the recommended course of action for the City Council to consider. • Representatives of the adjacent neighborhood have been notified that this item has been placed on the Council agenda. BACKGROUND/ATTACHMENTS: (2) Letter from Gary A. Van Cleve, pages 1D_S through 1(-o. Memorandum from City Attorney, pages II h 06-06-95 02: 11PM FROM CITY OF EAGAN TO MAINTENANCE P001/006 JAME E P.LANO>'tNIJUN LARKIN, HOFFMAN, DALY & LINDGREN, LTD. i•1.� G'; o�RwIETMUftanon ATTORNEYS AT LAW ) ti U ALLAH C.MAMA"; JAAtdDO. MO IMO J..DRRUxa, 1500 NORWCST FINANCIAL CENTER cog n.FULLER "0•FULLMER 7800 XERXES AVENUE SOUTH WWI UV' KUALA E.MODELL BLOOMINGTON,MNNE90TA 00431.1104 ▪ n NAM TELEPHONE(812)5$S4000 LAMA H.F 5J 11 wawu►. 1.YAw1 FAX -- IR4 MR.VIDE ISMAEL G 4.011(AI1 OM01R N.HO OM J0+*C.Dim ANDREW F.DMA JIXI 7NERSEV. 0 M1IM.MEYER TIRIH�TJ fL�Yry1M KISDCRICA WSW n 10001..F u M1 !WNW ME E.SWIM PUPA It MA MEL.JAOMON OK WNOOUFT MAMA.KACI$$MN+ DAYFI1lNOIAN• MNF .E.PIMA .I RC IEW AMRLIA.SUMPS NJN L.ID MOW THOMAS F.NLXAIJDE1 IOITNCiNNU.FCOTTc IMMMN MAMA KAOLEG N IQV•EL l Ll3IYIQI SHAM A.VAWAS'N 0MYYA V WNOW,C'0 OII COUNIO. (54110.1.(roM418 AWN CITM • • MAIOOS!J.MUD NM ML AROERFON •141.A0 ADI+17ED NW10• May 30,1995 Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan,MN 55122 Re: Denial of Preliminary Planned Development and Preliminary Subdivision--Safari at-Eagan,Third Addition Dear Mayor and City Councilmcmbera: We represent Fortune Realty,developer of the above project. On.May 15, 1995,the Eagan City Coun it ("City Council")adopted Findings of Fact and Conclusions of Law denying Fortune Realty approval I f a preliminary planned development and a preliminary subdivison for the Safari-at-Eagan,Third Additio development, On behalf of Fortune Realty,we request the City Council 10 reconsider its denial at its -xt regular City Council meeting, scheduled for Tuesday,June 6, 1995. A review of the municipal record in this matter leads us to conclude that there was no legally sufficient reason for denying the preliminary planned development and preliminary subdivision. As the City of Eagan's(the"City")own planner d attorney have acknowledged on the record,Fortune Realty met all City zoning requirements. As the Sty Attorney acknowledged on the record,Fortune Realty continues to have contract rights pursuant to the Planned Development(PD)approved by the City in 1977,which includes the proposed development s EIAFCKpROUND The proposed development site is located at the corner of Thomas Center Drive and Cliff Road In the ity and consists of 7.7 acres. In 1993 and 1994,Fortune Realty proposed,and the City approved development of Safari-at-Eagan,Second Addition,which now consists of the Lifetime Fitness Health Club(the"Health Club"). At the corner of Cliff Lake Road and Thomas Lakc Road is Thomas Lake Center,a community shopping center. When the City approved the original PD,known as Elackhawk Park PD in 1977,the underlying coning for the area which includes the proposed site,the Health Club and ? 05 06-06-95 02: 11PM FROM CITY OF EAGAN TO MAINTENANCE P002/006 • LARKIN,HOFFMAN,DALY&LINDGREN,LTD. Mayor and City Councilmembers May 25, 1995 Page 2 Thomas Lake Center was approved as part of the original PD,with the underlying zoning designation i f CSC--community shopping center. The City's procedure for approval of a PD,as stated in zoning code,Section 11.2, Subd. 8,requires initially petitioning the City in the form of a preliminary plan. Id.,paragraph C. The zoning code also requires that as part of the approval of the preliminary plan,a"Planned Development Agreement"see Id be approved lrj►the City Cuuuwil. L,,paragraph D. Pursuant to these procedures,the City and the original developer,Blackhawk Park,Inc.("Blackhawk"),entered into a Planned Development A_ _-, nt on June 21, 1977(the"Agreement"). The Agreement incorporates by reference certain exhibits which designate the site for the proposed development as CSC. The Agreement binds the owner to develop in land subject to the PD,and binds the City to agree to permit such development pursuant to the plans attached to and incorporated by reference into the Agreement. The Agreement binds the City to rczon the subject land as a PD district pursuant to City ordinances and further specifies that"[s]ueh rezoning shall be supplemental to the basic zoning of the Subject Land now in effect as evidenced by the Zoni attached to the Agreement as Exhibit E. Agreement,paragraph 5. The zoning map,Exhibit E.attach and incorporated into the Agreement clearly designates the basic zoning of the proposed site for the current development as CSC. The Agreement further specifies that it is to remain in effect for 15 yea , and that it is a binding agreement that runs with the land"until terminated and be binding upon the successors mud assigns of Owner." Agreement,paragraph 22. Accordingly,the terms and conditions f the Agreement,specify contract rights and obligations on the part of both the developer and the City. is rights and obligations continue in full force and effect and arc binding upon Fortune Realty as the successor of the original owner,Blackhawk. Indeed,Mr.Byron Watschke,the principal of Fortune Realty.Was a principal of Blackhawk,the original owner of the property included in the PD. Furthermore,the contract rights continue for Fortune Realty because the Agreement and PD have not been,and cannot now be terminated. The Agreement provides that the term of the PD is 15 years. Agreement,paragraph 4. The zoning e provides that a planned development agreement is not terminable absent a public hearing,and cannot terminated unless there is a finding that the planned development"has not been substantially completes." Code, See. 11.20, Subd.8,13.2. The City Attorney has already recognized on the record at the public hearings on this matter that Fortune Realty continues to have rights under the Agreement,unless and iitil such rights are terminated by the City Council. Br Minutes of Advisory Planning Commission mceti'g of February 28, 1995,page 16("Mr.Watschke further stated that although the PD has expired,the Ci Council has not issued a cancellation or termination of the PD. City Attorney Dougherty agreed with r. Watschke,adding that contractual right under the expired PD still exists."). Furthermore,because the D is only terminable,pursuant to the City's zoning code,upon a finding that the planned development "not been substantially completed,"the City Council is not at liberty at this late juncture to terminate t e PD. Code,Sec. 11.20,Subd. 8,E.2. The original approved PD consisted of some 500 acres. The onl portion which remains undeveloped is the 7.7 acre site now proposed for development by Fortune R . Certainly under any measure of substantial completion,the extent of development of the original PD i such that the City must allow development of this final parcel pursuant to the original PD. G I 06-06-95 02: 11PM FROM CITY OF EAGAN TO MAINTENANCE P003/006 • LARK IN,I Ic5rrivlAlq,DAL Y &.LWNUUKt ,Lru. Mayor and City Councilmembers May 25, 1995 Page 3 There has never been any indication by the City prior to Fortune Realty's current proposal for development of the remainder of the PD,that it disapproved the underlying zoning of CSC for the remaining undeveloped parcel,or that it sought to change it Indeed,the history is consistently to the contrary. While there have been a number of amendments to the Blackhawk PD over the years,no su.h amendments have ever been proposed by the City for the area now proposed for development. Furthermore,under the Inning aerie,the City is required annually to review and approve the PD,3lon with all other PD's in the City. Code Sec. 11.20,Subd. 8,E.1.("The Planning Commission and the Council,shell review annually after approval of the`Preliminary Platt',the progress of each pluuuca] development to determine whether or not the applicant has substantially complied with the Planned Development Agreement."). The City has never advised either Blacklutwk or Fortune Realty pursuani to these annual reviews that it has not substantially complied with the Agreement. Accordingly,the legal framework for the City to consider the current proposal by Fortune Realty for II e sole remaining undeveloped parcel in the PD consists of contract and ordinance-based rights. The actions of the City's Advisory Planning Commission("APC")and the City Council to date in considering an rejecting Fortune Realty's proposed development fail to recognize these rights. The actions of these public bodies as reflected in the municipal record demonstrate that the denials were not reasoned,leg: ly- based denials,but rather actions taken in acquiescence to non-legally based neighborhood pressure. FORTUNE REALTY HAS MET ALL LEGAL REQYJJREMENTS FOR APPROVAL OF THE PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION Both the City's Planner and the City Attorney recognized on the record that Fortune Realty's proposal meets all zoning code requirements and City standards. At the April 25, 1995,APC meeting,the min tes report the following exchange: Member Carlson inquired of the staff as to whether the applicant's proposal meets all of the Zoning Code regulations and City standards. Project Planner Tyree advised that the proposal does meet the minimum standards. Carlson then stated that if the proposal meets the standards,then the Commission cannot deny the proposal. Minutes,Page 8. Unfortunately,the APC ignored Carl son's accurate assessment and denied the proposal—regardless of e fact that it met all requirements and standards. Similarly,at the May 2, 1995 City Council meeting,the minutes report that City Attorney Sheldon advised the City Council: The PD cannot he terminated until a public hearing is held and the appropriate zoning determined. Zoning does not change unless specific 05-06-95 02: 11PM PROM CITY OF EAGAN TO MAINTENANCE 1004/006 LARKIN,HOFFMAN,DALY&LINDGREN,LTD. Mayor and City Councilmernbers May 25, 1995 Page 4 action is takes The proposal meets the requirements of the zone,and it is a permitted use within the current zone. Minutes,Page 7. The history of Fortune-Realty's attempts-to obtain approval-fur completion of development OTthis PIY-- -° reflect many revisions made in response to concerns raised by City staff,APC members and neighboring property owners. Originally,the proposal was made in connection with the Anuposal lui the Health CI ib that the remainder of the site be developed to include the Health Club,a first-run movie theater and a restaurant. The City chose only to act upon the Ilealth Club,and deferred action on the balanue of Fortune Realty's proposal for the reason that it was undertaking a City-wide commercial study to evaluate and update its commercial development pXlicy. We question the legality of its failure and refusal to aot in 1993 for that reason,given the legal framework that applied to this development area. As part of the PD under which the developer has contractually binding development rights,any studies recommending future development policies clearly can have no force and effect upon the developer's vested PD rights. Nonetheless,Fortune Realty acceded to the City's actions at that time and withdrew its request for development of the entire site. At the time of its original request in 1993,it had proposed a 1500 seat first-run movie theater and a separate restaurant. When Fortune Realty returned to the City,with plans for the balance of the site after the development and construction of the Health Club,it had scaled back its proposal to a 550-seat dinner theater together with a frcc-standing restaurant. Subsequent revision by Fortune Realty reduced the seating in the dinner theater to 452 seats and,ultimately,to 420 seats,which was the final proposal upon which the City Council acted in May. Fortune Realty also made numerous other adjustments to its plans to address other concerns raised by the neighbors and City staff. Originally,the dinner theater was proposed to be constructed on the northerly portion or the parcel adjacent to Thomas Lake Woods,a residential addition. As a result of complaints and objections by neighbors in that area,the configuration of the uses on the site was revised,and the dinner theater was moved to the center of the site.`Fortune Realty then proposed in place of the dinner theater on the northerly portion of the site,a two-story office building,with a free-standing restaurant on the southerly portion of the site. It cannot be over emphasized that under current zoning standards and the Agreemeit, all of these were and are perfectly acceptable uses. It cannot be over emphasized that all ordinances and standards have been met by the current proposal before the City. It is clear that the reasons invoked by the City in denying the proposal are not legally sufficient. THE CITY'S FINDINGS ANTI CONCLUSIONSJN DENYING THE PRELIMINARY PLAID DEVELOPMENT AND,PRELIMINARY SU1DTJSION ARE NOT LEGALLY SUFFICIENT. Since both the City Planner and the City Attorney have admitted on the record that all zoning code standards and City standards have been met by the proposal,it would appear to be self-evident that any justification given by the City for denying the proposal would bu legally insufficient. Indeed,examination of the municipal record reflects that the dozen reasons enumerated in the City's Findings of Fact adopted at its May 15, 1995 council meeting are the same dozen reasons that were raised at the original APC 06-06-95 02: 1IPM FROM CITY OF EAGAN TO MAINTENANCE P005/006 LARKIN,HOPFMAN,DALY&LINDGREN,LTD. Mayor and City Councllmembers May 25, 1995 Page 5 meeting en February 28, 1995,by Adjnrr+nt msidentittl property owners. The record contains no evidentiary support for any of these reasons. Indeed,the evidence in the municipal record,which will be binding upon the City in the event that this matter finds its way to court,shows that all the concerns c addressed and met by the developer. The developer's planning consultant,Carl Dale,submitted an extensive memorandum to the City dated March 31, 1995,.wbich enumerated every 3inele•eo.eemeel .••••••-•• by the neighbors and addressed each col ceru. No countervailing evidence was ever submitted by the ity or any of the neighbors in opposition to the positions or evidence stated in this extensive memorandu . As Eh.,City non luiuw,, it.:w.wu l lase:n denial ad zoning ur permit decision on reasons not supports', t>y evidence in the municipal record. This record is devoid of any such.evidence to support the purported justifications for denial of Fortune Realty's proposal. Indeed, it is clear from the municipal record that the real reasons for denial of the proposal are two-foI , neither of which is legally sustainable. First,it is apparent that the City acquiesced to neighborhood opposition to the project. The law is well settled il u c ,ta tliut ueie,hbuthuudl ulg,usitiun is not x legally sufficient reason for denying a zoning or permit request. C.IL Investments v. Village of Shoreview,304 N.W.2d 320, 325(Minn. 1981); Amoco Oil Co.y. City of Minneapolis,395 N.W.2d 115, 118 (Minn.Ct.App. 1986). Second,it is apparent that the Pity denied Fortune Realty's proposal in reliance upon a commercial 1. iid use study conducted last year which has no legally binding force and effect in this case. Regardless of the study's recommendations for future commercial land development policy in the City,such recommendations cannot serve as a legally sufficient basis for the City to deny this developer's propo which is consistent with all current City zoning ordinances and standards and which this developer,un•cr a legally binding Agreement,has a contractual right to develop. A final irony concerning the objections to and denial of Fortune Realty's proposal is that the most vociferous opposition to the project is coming from property owners whose property is part of this PD For 15 years all parties have been on notice of the fact that the proposed development site as well as adjacent lands have all been part of this PD. For 15 years all parties have been on notice that the prop sed development site has underlying zoning of CSC,and that under the terms of the PD the site is intende. for commercial development. Now those who have only relatively recently acquired property within this 'D fail to recognize,and object to the completion of,the very develupnicut of which they arc a part. Fort ne Realty proposes uses for development that are consistent with the PD's underlying zoning and that me t all City zoning regulations and standards. Fortune Realty has rights based in contract and ordinance i t the City Council must recognize and respect—regardless of whether the adjoining property owners recognize and respect these rights. ogre LUSroN Based upon the history of this site,the continuing binding Planned Development Agreement,the zonii code of the City,and the proposal itself which meets all applicable standards,it is apparent that the Ci L had no legally sufficient reason for denying Fortune Realty's development proposal. We respectfully ( (C.) 06 06 .90 02: 11PM FROM CITY OF EAGAN TO MAINTENANCE P006/006 • LARKIN,HOFFMAN,DALY&LINDGREN,LTD. Mayor and City Councilr enbcrs May 1995 Page 6 request that the City Council reconsider its denial at its next regular meeting on June 6, 1995. Upon reconaidoratinn,wa regnant the tlity flri.s, i1 Lu g&wi aypiuval of Futiuue Resity'r,pi upuual bet auucu Fortune Realty has a right,based both in contract and ordinance,to develop this site with the uses proposed,having met all applicable standards for such uses. VGA), truly yours, f 1� Ael i-e Gary fan Cleve,for L • +1 ,HOFFMAN,DALY&LINDGREN,LW. cc: Byron Watcchkc Carl Dale • Robert L.Hoffman,IB sq. uHU3573,U1 • • ND . SENT BY: 6-14-95 ; 4:25PM ;SEVERSON WILCOX SHEL-' 612 681 4360;# 2/ 2 MEMORANDUM TO: Community Development Director, Peggy Reichert FROM: City Attorney's Office DATE: June 14, 1995 RE: Preliminary Plan Development and Preliminary Subdivision for Safari at Eagan Third Edition Our File No: 206-12883 By letter dated May 30, 1995, Gary VanCleve on behalf of Fortune Realty, requested that the City Council reconsider its denial of the above matter. Our advice as to the procedure for the Council's action at its June 20 meeting, is as follows: any council member who chooses to have the matter reconsidered may make a motion to reconsider the Council's adoption on May 15, 1995, of the findings of fact end conclusions of law. Such a motion would require a second prior to the Council's taking any action on the matter. A lack of a motion or a second to reconsider the Council's prior action effectively would act as a denial of Fortune Realty's request. The Council is not under any requirement to reconsider its previous action. A motion duly made and seconded requires an affirmative vote of the majority of the council members voting on the item to be effective. The obtaining of less than a majority of the affirmative votes would act as a denial of Fortune Realty's request Should a motion to reconsider be duly made, seconded and approved, we suggest that the reconsideration be placed on the August 1, 1995, Council Agenda, under Old Business. If the Council felt it necessary, it could direct that the Community Development Department and Legal Department address the matters raised in Mr. VanCleve's letter. • • Agenda Information Memo June 20, 1995 C. PROJECT 665, SPECIAL ASSESSMENT LOT SURVEY (BLACKHAWK ROAD) ACTION TO BE CONSIDERED: To reaffirm/reconsider performing a boundary lot survey for Parcel 010-78 in Section 17 to verify a second lot equivalent assessment for Project 665 (Blackhawk Road - Street Reconstruction). FACTS: • On June 6, the City Council closed the public hearing and approved the final assessment roll for Project 665 providing for the street reconstruction of Blackhawk Road. • Mr. William Cardinell, owner of Parcel 010-78 (3635 Blackhawk Road) objected to the City conferring a second lot equivalent (L.E.) assessment based on his potential of subdividing the southern portion of his property based on the computations performed by City staff without the benefit of a formal lot survey. • The City Council approved the assessment but directed staff to perform a lot survey to verify there was adequate dimensions to accommodate a second buildable lot. • M the time of this packet preparation, we only received one quotation of$1,030; the City has requested quotations from two additional surveying companies. Those quotes will be presented with the Additional Information Packet. ISSUES: • In view of the higher than anticipated cost to verify the second lot equivalent, staff wanted to inform the Council of these cost estimates so that it could reaffirm or reconsider its previous direction to staff. Options available to the Council include the following: 1. Authorize the boundary lot survey as originally directed. 2. Acknowledge the second lot equivalent determination based on the information available to date. 3. Defer the second lot equivalent assessment by agreement until future subdivision. ATTACHMENTS: • General location map -page ((3 . • Letter to Mr. Cardinell pages l ( �{—( ( . 1 1, �-` / - • i _ LONE OAK ROAD _ Co. Rd. 26 !!� _.•�T—...7. �►i/I�t,1 iiig Rxi� .q iMW ' qtr -�-�N NMI∎NNA A.r.. - `�,; w r i LJ Ill / / I � I c0 ce 0 1000 2000 *:_lir II VISIS.• ' < Gaei■! !!! i LLA ._jg • Ct Scale in fact 4P•llr1■ILpHij . 1 i 40,40* ._!= I . 411P.7 AIME .,,,,6k___,1• 1 NKEOd�E ROAD . 1111/9.II I PR.JER0* Le Ab.41,./ .09 1 rota if---ir 1 4. •: - 4 0* ��! o .40 Nue 1 . I a x. .MO"II y' re„*i,of/f/ai �� �� . 141110 ' _ � r;; trM a�`re f. &ice • �__[!iltl>E l �S ��. at t + `�l/�....11111•MENII mar p : 4e • • • • Ilk t Iffir >> 1 •••I k?' .,' ate " . Pi rh• 4�C• .x[14" i .ti-ILVER B - , '� f '. "'i •g,Ir., W p f �IJ. in - - lun jsi. �rY►41'i�i5 4 1, I '« �T,�� • �"...r� �, i mint."jai :.l•!:i'*' �~� �• ' wtaai -•'•`�i is iM lltlf�i,y � w ♦ grin .Y///r w w.. II R��A1p �.1i' ,`• ! .r�►A l r: I '.`�4.0 f}•'��T;M1�rat : ,fl"". 'u V41 I�� a're Ea• r ti in '^'• : 1.�� .,iln .ii,. 2-* I lit i~ ,M MIMIlm!,4 rirtiiu iurs. I. Ikr....:;: VI 1 ♦ y:-711 • y, f o. s. w+�•r1lr r♦ '-'1V:IPA um Yr. `5tI1t,r vr-. a���s1tV'�•*�{��,a�*MtrY� * �tl •�::11F mr,tliI ■ ` —: � 1 . u s J r 4*loll i . n Vi'ax'G NW=i� ..lnailnsr:. ... ;Lit— Ritf Cr• t '�1�4 l ���■ _...—... I E ,,:�>:, l/,if`a t�1 rilUi : A�`"-'i►��: • �4.ss..11 . a y}Mt . rr si= k/1ti Mir ixr,,:;Vlwrnx MAI rj r k,■ I =*:!°w- "OJECT LOC°TIO `"'.�"= :is -r a ti lheriali -ra�hill�l.. • 1. .a iw/n ttttaP�! �+ moo.•Rd. 30 DIFFLEY ROAD • LOCATION PLAN IA Bon stroo Rosene EAGAN, MINNESOTA URE 1 Anderlik & BLACKHAWK ROAD Associates CITY PROJECT No. 665 . f 13 L:\49\49546\49546R01.DWG NOVEMBER 3 . 49546 • -1 .•nrf • 1 city or acigcin • THOMAS EGAN Mayor PATRICIA AWADA March 17, 1994 SHAWN HUNTER • SANDRA A.MASIN THEODORE WACHTER Council Members MR WIWAM J CARDINELL 3635 BLACKHAWK ROAD THOMAS HEDGES EAGAN MN 55122 City Administrator E.J. VAN OVERBEKE Re: City Project No. 665, Blackhawk Road - Reconstruction City Clerk Parcel 010-78 Dear Mr. Cardinell: Pursuant to your request at the public hearing held for the above-referenced improvements to Biackhawk Road, I have attached a sketch which shows a possible division of your property to Justify the 2-lot equivalents as identified In the Engineering feasibility report prepared for the project. As! understand your concern, you stated you didn't feel that a 2-lot equivalent assessment was justified for your parcel due to the existing location of your home on the lot as well as the existence of a utility easement along the southerly property line of your parcel., The sketch as proposed shows a footprint of a house similar to the existing home presently on the parcel situated on a new possible lot which is In accordance with Chapter 13 of the City's subdivision code. The City's minimums for creating residential subdivision lots is an 85' minimum frontage at the building setback line and 12,000 square feet. You will notice from the attached sketch the lot width at the building setback line of 40' In this case Is approximately 110'+/-. Due to our Inability to contact each other by telephone, I thought it beneficial to provide you with some sketches of how the City has come up with the justification for establishing 2-lot equivalents to your parcel. After you've had a chance to review the information and develop a list of questions or concerns which you may have, please contact Judy at 681-4646 and she can coordinate a mutually agreeable time to sit down and go through the rationale as proposed on the sketches. Thank you for your attention to this matter and I look forward meeting with you In the near future. Sincerely, jtanil Michael P. Foertsch, P.E./LS. Assistant City Engineer • MPF/jJ cc: Tom Colbert, Director of Public Works Enclosures: MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD 1'HE SYMBOL OF STRENGTH AND GROWTH INITY 3501 COACHMAN POINT EAGAN,MINNESOTA 55122-1897 EAGAN,MINNESOTA 55122 PHONE:(612)681-4600 PHONE:(612)681-4300 FAX:(612)681.4612 Equal Opportunity/Atflrmatly Action Employer FAX:(612)681.4360 TDD:(012)454-8535 TDD:(612)454.8535 rii • / __• t.'......p:••••. ;\ / ;i 0 VP 1 f ° Pt o •4 "te .: ' ,.......:::::: • , : , ............. : , . ,.... . • ,. ,i I y -•-• 0 r I p) ■ $�.Oa „z. o w " A 30 �p3 �- s �.O-z,,,,, ---- 'o ��,1�(11,0 '��i,aZ o 5 6g 1v S j a-'""` 3 ti� �Cj o /�..--O.O ry gana 3i3a�NOO , - r . - O r1, i (Am I l 0 2� Z C f '' rri 1:1 17 P1 0 o° r n o f r: so cc) a o r N Obi D Can II mil \ l in _3 , , , ,, / 1 r � ~ Agenda Information Memo June 20, 1995 Eagan City Council Meeting A. CONDITIONAL USE PERMIT NAEGELE OUTDOOR ADVERTISING ACTION TO BE CONSIDERED: To approve or deny a Conditional Use Permit to allow an off-premise sign located on the south side of I-494 on Outlot C, Robins Addition in the NE quarter of Section 2 subject to the two conditions in the staff report. FACTS: • Naegele intends to remove three signs over the next year or so and replace them in a different location. This permit request is to replace the existing 1,344 sq. ft. billboard at Highway 13 and Silver Bell with a new two-faced billboard structure of 378 sq. ft. each for a total of 756 sq. ft. Naegele suggests it will bank the leftover 588 sq. ft. face area to apply towards a future sign in a different location. • The Advisory Planning Commission considered this application at its meeting of May 23, 1995. The Commission recommended denial of the application on the grounds that 1)the proposal consists of two signs and thus results in the increase of the number of signs within the City. 2) The City ordinance does not permit banking of square footage for billboard signage. 3) It is not harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 4) It raises safety • concerns for vehicular traffic. ISSUES: • This application raises two separate issues. First, is it consistent with the City Code? The Planning Commission finds that the proposed structure involves two signs each with a single face, not a single sign with two faces. In addition, the Planning Commission does not believe that the code, as presently constructed, provides for banking leftover, unused sign face area for future applications. The second issue is whether an additional billboard on I-494 is consistent with the City's vision for that area. BACKGROUND/ATTACHMENTS: (2) APC Minutes - pages ( through l (1 . Staff report - pages 1 through (3/. I (e Page 8 May 23, 1995 ADVISORY PLANNING COMMISSION NAEGELE OUTDOOR STORAGE -CONDITIONAL USE PERMIT Chairman Miller opened the next public hearing of the evening regarding a Conditional Use Permit to allow a billboard on Outlot C, Robins Addition located on the south side of I-494 and the north side of Blue Gentian Road in the NE1/4 of Section 2. Project Planner Tyree introduced this item. Ms. Tyree highlighted the information presented in the City staffs planning report May 17, 1995. Ms. Tyree noted the background and history and surrounding uses of the subject property, the City staffs analysis of the proposed billboard signage, and the issues raised as a result of the proposal. Ms. Tyree noted that the applicant is proposing to remove over three signs over the next one or two years and replace them in a different location with a two-face billboard of less square footage than the existing. Tyree noted that the applicant is requesting to "bank" the square footage which is the difference between the maximum permissible square footage and the actual square footage of the proposed billboards. The applicant is also requesting to erect two separate billboards on a single site with a tubular shaped architectural feature separating the two billboards. The entire design would be located on top of a six-foot retaining wall-like structure. Ms. Tyree noted that the two issues raised with the proposal is that the City Code does not provide or permit the "banking" of billboard square footage. Secondly, the proposed improvement and the 494 corridor would increase the number of signs within Eagan from 14 to 15. Ms. Tyree clarified that the issue with the proposed billboard site plan is whether the proposal involves one billboard structure or two separate billboards. Mike Cronin, a representative of the applicant, discussed in detail the applicant's 'journey" with the City with respect to the billboard sign issue. Mr. Cronin stated that the proposed site improvement is known as a "post modern design" of the 1920's in which the sign itself is close to the ground with surrounding landscape. He further opined that the proposed site plan is within compliance of the ordinance provisions. He further stated that the applicant experienced some "stealth" by the City staff by placing the applicant's item on the last consent agenda. He further stated that the applicant is in a quandary because the company cannot grow within Eagan because if it wants a new sign, it will have to get rid of an old one. The representative further noted that the photo enclosed in the Commission packet is the proposal itself. He noted that the applicant is open to placing the City name on the center tubular structure as a gate-way monument into the City, but noted that the site plan as proposed does not include the City name on the structure. The representative conceded that City staff did advise him that the proposal does not meet Code, but that the applicant desired to proceed with its proposal anyway. The representative stressed that the site-plan proposal is but one structure that each item in the Page 9 May 23, 1995 ADVISORY PLANNING COMMISSION in the structure is part of a sequence within the intent of the ordinance. He stated that the two billboard structures within the site plan is but two structures but one sign. Member Miller inquired with the representative of the applicant as to clarify his statement regarding "stealth in the consent agenda". The representative stated that a letter from the applicant was placed on the consent agenda, and noted that the proposal was not on the consent agenda. Member Segal inquired with the applicant as to whether it is the applicant's position that the Commission view the site plan as one sign with two faces, to which the applicant's representative stated that is its position. Member Miller turned to the persons in the audience attending the hearing as to its position of whether the proposed site plan consists of one or two signs. The consensus of the audience was that the proposed site plan consisted of two signs. A member from the audience attending the hearing stated from his seat that it is his opinion that the proposal consist of two signs with three structures. Member Heyl inquired with the applicant's representative as to whether it is theoretically possible that advertisement could be placed on the back of each sign. He stated for economic reasons the applicant would not use the back of the sign. Member Carlson stated that her major concern was if the center tubular structure were to bare the viewers of the concept as a whale may interpret that Eagan supports whatever advertisement is on each sign. Member Isberg stated that he thinks the proposal consists of two signs, not one and'does not support the "banking" concept because it would raise all new issues with respect to signage and other uses. Member Isberg stated that based on the following reasons he would recommend denial of the request for the conditional use permit: (1) "banking" of square footage is not allowed under the ordinance; (2) the proposal consists of two signs, not one and therefore the number of signs within the City will be increased; and (3) the approval of the conditional use permit would set a precedent that design idea may use two signs while calling it only one structure. Member Miller stated that one issue was constantly raised when the sign issue first arose and that was that the original intent of the Commission and the City Council was that the 494 corridor would not be masked with billboard signs. Isberg Heyl moved, Wallace seconded, a motion to recommend denial of the Conditional Use Permit to allow a billboard on Outlot C, Robins Addition located on the south side of I-494 and the north side of Blue Gentian Road in the NE1/4 of Section 2, on the grounds that the proposal: 1. Consists of two signs and thus results in the increase of the number of signs within the City; 2. The City ordinance does not permit "banking" of square footage for billboard signage; • TI rr Page 10 May 23, 1995 ADVISORY PLANNING COMMISSION 3. It is not harmonious with the general and applicable specific objectives of the comprehensive planned and City Code provisions; and 4. Raises safety concerns for the vehicular traffic. Member Carlson stated that the ordinance allows moving billboards and therefore the applicant could remove a billboard from another site in order to establish the proposed concept presented. Member Segal concurred, stating the applicant can redesign and present a new application which complies with City Code and standards. All approved in favor. PLANNING REPORT CITY OF EAGAN REPORT DATE: May 17, 1995 CASE #: 2-CU-6-2-95 APPLICANT: Naegele Outdoor Advertising HEARING DATE: May 23, 1995 PROPERTY OWNER: 494 Investment Company PREPARED BY: Shannon Tyree REQUEST: Conditional Use Permit - Off-Premise Sign LOCATION: Outlots B & C, Robins Addition COMPREHENSIVE PLAN: CPD - Commercial Planned Development ZONING: Planned Development SUMMARY OF REOUEST Naegele Outdoor Advertising is requesting a Conditional Use Permit to allow an off-premise sign located along the south side of I-494 in Outlot C, Robins Addition, located in the NE 1/4 of Section 2. AUTHORITY FOR REVIEW: Required Standards: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. Naegele Outdoor Advertising - Conditional Use Permit May 23, 1995 Page 2 F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. "The owner of an existing off-premise sign may construct a new off-premise sign pursuant to a conditional use permit issued in accordance with the provisions of Chapter 11 of the City Code and under the following criteria: 1. No sign will be permitted which increases the number of signs beyond the number of signs depicted in Table A (which follows this section), as amended from time to time. 2. No sign shall be permitted which increases the total square footage of all signs beyond the number of total square feet depicted in Table A (which follows this section), as amended from time to time. 3. No sign shall be permitted which increases the total number of sign surfaces beyond the total number of sign surfaces depicted in Table A (which follows this Section), as amended from time to time. 4. The maximum square footage of a sign shall be 250 square feet; however, the City may allow a sign in excess of 250 square feet upon (i) the reduction of the total number of signs, square footage or surface areas depicted in Table A (which follows this Section), as amended from time to time, and (ii) amendment to said Table A to reflect such reduction, and (iii) further so long as the total square footage depicted in said Table A, at the time of application for a new sign. 5. No sign shall be located nearer to any other off-premise sign than 1,500 lineal feet on the same side of the street or 300 lineal feet on the opposite side of the street. 6. No sign shall be located on a platted lot which contains a business sign.- 7. No sign shall be located within 300 feet of any free standing ground sign.or pylon sign. 8. No sign shall be located within 200 feet of any residentially zoned district. 9. No sign or any part thereof shall exceed 40 feet in height as measured from the land adjacent to the base of the sign." Ca Naegele Outdoor Advertising - Conditional Use Permit May 23, 1995 Page 3 BACKGROUND/HISTORY: At the April 4,'1995 City Council meeting the City Council concurred with staffs interpretation that a billboard sign may have two sides, but the sides must either be parallel or at a reasonable V angle with the sides intended to be read from different vantage points. (See Exhibit B and C) SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Interstate 494 & Mendota Heights. South - Vacant (Outlot D, Robins Addition); zoned PD; designated CPD. East - Vacant (Outlot B, Robins Addition); zoned PD; designated CPD. West - Vacant (Outlot C, Robins Addition); zoned PD; designated CPD. ANALYSIS OF PROPOSAL Introduction It is the intention of the applicant to remove over three signs over the next year or so and replace them in a different location (see exhibit A). The Conditional Use Permit request is to begin this process by removing the existing billboard at Hwy 13 and Silver Bell which is 1,344 s.f. and construct a two face billboard structure of 378 s.f each or a total of 756 s.f. This is a reduction of 588 s.f. in the overall total square footage amount. The next phase of their development would be removal of the billboard on Highway #3 1/4 mile south of Cliff Road (500 s.f.) and erect two separate sign faces totaling 756 s.f. sign along 35E. Using a portion of the 588 s.f.'left over, in effect, from the removal of the first sign. They believe that because the first sign is 588 s.f less in square footage they can use that "banked" square footage to use for the construction of this sign. The applicant's are proposing to use the 322 s.f. .(588 s.f. minus the 256 overage = 322 s.f.) remaining from the erection of the second sign to put towards the third sign. The applicant plans to remove the billboard (500 s.f.) at Hwy 13 between Cedar and Rahn and replace it with a 756 s.f. sign along Hwy 77. This is an increase of 256 s.f. The net result of all three moves would be a reduction of 76 s.f. of sign face area. On Site Improvements The proposal consists of a 6' retaining wall "like" structure which will be made of stackable, precast concrete, masonry units. Along the top of wall a planter will be installed and planted with Blue Chip junipers. It is the intention of the applicant that these junipers will grow and eventually trail down the wall. (See exhibits D and E) Two approx. 91' arms extend out at a 120 angle open to 494. Located at the center of the structure(at the crease) is a tubular shaped, architectural feature approximately 32' in height, with potentially the word "EAGAN" on it. The applicant will put the City's name on it if the City desires so. 4'2 Naegele Outdoor Advertising - Conditional Use Permit May 23, 1995 Page 4 Out from the steel-tube feature in either direction approx. 9' are the actual sign faces. The 10' 6" x 36' sign face is built on an approx. 6'6" x 36' cedar wall. The proposed cedar siding wall is proposed to have 8" lap cedar siding. Extending out from each of the signs approximately 20' is a circular shaped area approx. 20' in diameter which is proposed to be planted with the junipers and three Red Jade Crabapple trees. The proposed sign faces will be lit at night. ISSUES There are basically two issues with the proposal. First, the City has determined that the number of signs will be increased with this application. This is not permitted under the off- premise sign criteria No. 1 and No. 4 (i). The applicant is proposing to erect two separate signs each with one sign face. Table A in the sign ordinance shows a total of 14 signs. If sign number 5 (according to Table A) is removed and two signs are erected, the total overall amount of signs would be increased by one, to 15. The amount of sign surfaces remains the same. Secondly, is the concept of banking square footage. The City has a no new net gain policy that was approved with the most recent sign ordinance (1993). The City Code does not provide for banking of unused sign face area for future use. SUMMARY/CONCLUSION The proposed application is requesting two signs and implies that banking for future use of signs. Neither is permitted by Code. The City Council has previously determined that a billboard may have two sides, but the sides must either be parallel or at a reasonable V angle with the sides intended to be read from different vantage points. The proposed sign does not have a reasonable V and is clearly intended to be read from both eastbound and westbound traffic on 494. ACTION FOR CONSIDERATION To recommend approval or denial of the requested Conditional Use Permit for Naegele Outdoor advertising allowing an off-premise sign located on Outlot B, Robbins Addition. If recommended approved, the Conditional Use Permit shall be subject to the following conditions: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorders Office within 60 days of City approval, and proof of its recording shall be provided to the City. 2. All applicable City Codes. FINANCIAL OBLIGATI[ON - 2-CU-6-2-1995 Outlot C, Robins Addition There are pay-off balances of special assessments totaling $16,885 on the parcel for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon the areas, dimensions and land uses contained in the final plat. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None • aL( I IL_IV• I I .J 11b0 -/ ��'� Jouu �� 1250 't' INTERS T ems �IITERSTATE�194 -- - - —--_—L- .'----2 ,111- __ � ► O'NEI c. * I TRAPP ROAD \\ a qr.- 1" 'TE CEHrf EAGAN INOUSTRIAI� \. l 4.C49 I N} Sj ROAD 4, / ho A �ry JJ i ' Z CURYE rGr - Nµ6 I - ON A- -- C4,--- Q __ _-__ - _ - <,J RO • I KENNETH ST. 4q \ f ' CO NTRY ' ,� r 4 ',BEATRICE ST * iz lt ' „HOME c , �, srs spA �' j c MCKEE ST. LEXINGTO l�4 '7� �'G AL , I o f l PARK 0k olK wE54 h idKEEFE ST. �• y�,• \ SERVICE > I g(').S.sd § OFF CE POST o ' x - -— W I� 4 Co.�2: LONE OAK ROAD - I LONE DOAX m Z < -••\0— e-1.:811 m I CLL VEy DRll APOLLO ' ROAD iRUMt }Mr R0. ��\�/_� Pt t zl ) ���� �p <'tai , � ' k• 06 o l �°*'g 'u �i u i GEMINI R0• f I C 2C MQR N� k '` ./.. I 1j CH PEL\L v ,� -95 I z ,P =_ sI ��y� 11 -- -- I „, ---- ----11---- r----) -- /-- -- ,- DRIVFJ 3 I I o 0 111 ALDRN DR. 1 NLL5 �' E w I 3 I I� •••••- TAMARAC PT. I' u pm...am BIRCH T. T i : - NORWAY PT. ' rt. FOREST RIDGE TR. I I Y IRONWOOD LA, i I 3 *FL. REDWOOD PT. ' I I N.- SPRUCE PT. Q 1 YAWEE DOODLE ROAD I� ' 0 1 I Cal—YANKEE: J/ DR ( TOwM Pt 0.,,' II ® aI COT �Z ��-'J ,\ �0A i Ci1RR/ACF MCLS ' wE • T c POI ---....._.--/„_ ; GOLF COURSE in TRAL i 2y r`� T. ,n i i 24�'TEARY PARK i f ., cc r•- 0 • r ` LAK I VIII 't . ° +I ; Bl. yl VII O 2u mu <1t TR. TOho UCKWp„_ c , ';/ .W30Q 3' WO•.' C rCTEAT 0J a ----------\\P. ` K CT. • W dv LN ' DUCKW000 I DR. __ BET 1W• 0 lb —� is- CI (IRO LN. —-A. LN. •- u p„_GRT OAK WESCO STROGE LA, ICR05� �j4'�T ul ' ST *04� ,CUt• STATION `� +t g[1]�\ K •C T �, I i JAY WA a , T. PARK T , MUELLER 4, 7”ELRE •C4. ' ' ' :t W FARM P R... isSSy _'� (Q" CT.RBDR I CT. ACp y� A-1., X STA1 PAL 0�'� WA I AA* a zZ CT. �0 . •VCRLOOK PL. SOUTH WNO ^q SHE K�1 0� ENMARK �' J� O9 •..} ` 'Cr'2• S.H. 'WAYH L CIR. ARKO Nu I T. HUfj'LEY ,��o o `"1'`P O z o '� z I L �N0 CT. NMARK LAX( AR DIN N f.. m �? i.d/��s��1`jr� ��� FjJr u[ E. ,, �' COI,9 �Ezr ( wESCO ' a 72 ° 7o H• Th I RE/. 40� �Ck )� ���RO�n , u�1 Cis I O-- . . I R. P5 LOCATION /�� + i �.d i' . FITT-'-----_ '_ u ,0--- -Al‘\,\. Vpiw 4, .' ZONING � I��. ',��:1 w��• .4.4 ,, �..t!;; !:5:>.•.-r,.40,410 ha iiiiit:;:ii;.PD (PLANNED DEVELOPMENT) _ 1� � - ��.�� . ! •':: ., •...,4.. : ';_1.....1.-", . ./,' . 7.-,...,Tri, .:•. .... ,'.- -limo ,,...1,.:.... • • . .....7 j„•;:.:..,.ir,.':1.! ',.i �,K. eta P I i•"nIi 11111 i,IIT-4I IrarL1Ciat-'. ,.: •r::'.� r • —7-41 _ IIIMII■ •0.41 L� .i♦ ` V 1. .♦ • COMPREHENSIVE WIDE PLAN ' C.. 1 `i�� • CPD (COMMERCIAL PLANNED i 4 i 5:' CPO DEVELOPMENT) /jVi, . 11 •.,,•,• dg's ... •4 IND I .\ Icil 4t •. CM O■ - r . l/0,(.() 4 . 20 TABLE "A" �-- Number of Signs Location Square Feet, Surfaces 1 . Highway 3 - 1 .4 miles South of County Road 32 500 Square Feet 2 2 . Highway 55 - Junction Highway 169 500 Square Feet 2 3 . Highway 55 - East of Lexington 110 Square Feet 2 4 . Highway 13 - Between Cedar and Rahn 110 Square Feet 2 5 . Highway 13 - At Silver Bell 1, 344 Square Feet 2 6. Highway 13 - Between Cedar and County Rd. 30 250 Square Feet 1 7. MN 77 - North of Highway 13 (On Railroad) 756 Square Feet 2 8 . MN 77 - Between County Roads 30 and 32 756 Square Feet 2 9 . MN 77 - North of Highway 13 756 Square Feet 2 10 . I-35E - North of Lone Oak 756 Square Feet 2 • 11 . I-35E - South of Diffley Road 500 Square Feet 2 12 . Highway 169 - South of Yankee Doodle Road 110 Square Feet 3 13 . 1 494 - West of Pilot Knob Road 756 Square Feet 2 14 . I 494 - Junction of I-35E 756 Square Feet 2 TOTALS 7, 960 Square Feet 28 ;;;L/7 (7-1-94) m 0 c E o a) ca o Q CO CO CO CO Co co co O N o ' .- lll t() tO In to to t!) LS) o Qn (\ ^ n ^ (\ Id) to • L a) S., 0 F- E o a E .c CO >' E r N N N N N N N N cD Q 1 5 0 0 0 CC LL O. 01 R 11 u) E c c in a ,c5 I— m o X 0 LL c 0 a w Q U m o L fl. m M W v 42 m 2 o cC ~ 0 I-- a) 7 - 0 13 N m Z m 3 c 2 o tto - m 0 of >, n a) N. Z O 0 = CI) W ¢ o m` p w v r- a W C) @ o O N.C.) c r. co 0 N to Lo L� m ,, . U > T T M- ',a1 yr _ _ •r co = = C:1 LU r CV Ch t)' + + + ari !F� X Q � N cm N. lA C+] N. w � + + + d W Q co co co co o 0 o fo 'a to o co 0 0 w cc to u) to to e' o 0 0 o v to o to o to N. r` t` n r to to to to r` to n to CO W CO () N N N N N N N N T, N N N N N N Q LL. W W OI- 0 + to. — r r ,- r r L D UJ f.c_ CO CO • W � N -d N t to •— c rS > N m 0 C m 0 - c CC o .a ` m CO Z °c c) 'p 3 CO o _1 a) o _ - °) a) Q —' m 5 m c 0 .E (� I— to E C.) 0 ..ca'a. ai w ed V. in as it) OD v w Ni...‘ cD J c ¢ T r c� .`r Z U.1 03 CC — 0 + co = m @� CIS T T T 0 111 �, w I' al @j 1-- Li; T ti 0)▪ v = = W o = 0 \t W 0 0 W u.t 0 0 } 0 W 5 c 0 w 5 c o O w 5 _ • c.; a i v tri co ti tD 2 m q m + 2 = r: m + 2 >Z ca m + . 1 a 1 II EXHIBIT B • MEMO __City of eagan TO: MAYOR & CtTY COUNCILMEMBERS • FROM: PEGGY A. REICHERT, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 28, 1995 SUBJECT: ADMINISTRATION OF BILLBOARD ORDINANCE Introduction Neegele Outdoor Advertising is requesting approval to erect a new billboard on the south side of 1-494 east of l-35E. The proposed sign is depicted on the attached exhibit. Naegale is arguing that this Is a single sign and will be a replacement of a larger, two- sided sign currently existing on Highway 13. City staff believes their proposal is really two individual signs, each having one sign face. Dlicussi.on_ The Eagan Sign Ordinance does not specifically define what constitutes a two-sided billboard. The City Zoning Ordinance, however, does give the enforcing officer (In this • case, the Community Development staff), the authority to "establish and enforce necessary or desirable regulations in writing, clarifying,or explaining any provision of this Chapter." (Section 11.40, Subd. 1b5) hi this situation, staff is seeking concurrence from the City Council In our interpretation and further clarification of the Sign Ordinance. It is our interpretation that a sign may have two sides, but that they must be either parallel to each other or at a minimal V construction to be read from opposite directions. Some cities specifically define these requirements, and in'future updates to our code, it would be advisable to add these specific interpretations. For example, the St. Paul City Code states: "All signs with the display surfaces back-to-back and parallel shall have no more than an eight(8) foot distance between each surface. All signs with the display surfaces at an angle to one another shall have the angle no greaterthan thirty-five(35)degrees. Display surfaces shall face in opposite directions and shall be owned by the same permittee." Naegele proposes two separate sign faces arranged in a V and constructed at approximately a 120 degree angle. The faces wilt be separated at the center by a 32 foot high circular sculpture, 18.5 feet in diameter (see attachment). It is staffs interpretation that the Naegele proposal constitutes two separate signs and, therefore, Is not consistent with our replacement provisions set forth in the current Sign Code. .With City Council concurrence, it is start's Intention to relay this interpretation to Naegele and refund them their application monies. Requested Actiaq To concur with staff interpretation that a sign may have two sides, but the sides must be either parallel or at a reasonable V angle with the sides Intended to be read from different vantage points. M Director o Community Development PARfje biliboard.ord 1 - • • EXHIBIT C EAGAN CITY COUNCIL MINUTES;APRIL 4,1996 PAGE 4 N. Resolution for Grant Submission_North Park. It was recommended to approve the resolution as presented. 0. Approve Bid for irrloatlon Supplies. Lexington-Miley Athletic Fields. It was recommended to award the Irrigation equipment supply contract to M.T.I. in the amount of$62,183.32. P. Ordinance Change to Adopt Uniform Buildlpg Cadg. It was recommended to approve an amendment to Chapter 4, Section 4.01, regarding new provisions of the Minnesota Building Code. 0. Temporary Seasonal Uses. Concur with Staff Direction. It was recommended to concur with staff direction to approve administratively certain temporary outdoor sales in retail areas and to initiate appropriate amendments to the Zoning Code to regulate temporary or seasonal outdoor sales. R. Billboard Ordinance. Concur with Staff Interpretation. it was recommended.to concur with staff Interpretation that a billboard sign may have two sides, but the sides must be either parallel or at a reasonable V angle with the sides Intended to be read from different vantage points. Wachter moved, Hunter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 VACATE DRAINAGE & UTILITY EASEMENTS LOTS 1 AND 2, BLOCK 2, PRETTYMAN HEIGHTS ADDITION After Introductions by Mayor Egan and Administrator Hedges, Public Works Director Colbert gave a staff report on this project. Mayor Egan opened the public hearing, but since there was no one wishing to speak, he turned discussion back to the Council. Hunter moved,Awada seconded a motion to dose the public hearing and approve the vacation of drainage and utility easements as described. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to remove Condition #2 from preliminary plat approval for Prettyman Heights 2nd Addition, relating to the capping of existing sanitary sewer service and turning off •the water service, as required by Council action of February 7, 1995. Aye: 5 Nay: 0 • . .. WILKINSON CONSTRUCTION, INC. REZONING AND SITE PLAN REVIEW After Introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report on this project Councilmember Hunter stated he feels that some flexibility is warranted In this case. He wouldn't want to grant a variance for 100 lot subdivisions, but when looking at odd corners, he feels variances are appropriate if they are dealt with carefully and sensitively. Awada moved, Wachter seconded a motion to approve a rezoning from R-4 to R-3 for Lots 1 and 2. Block 2, Wescott Hills Revised 2nd Addition. Aye: 5 Nay: 0 Awada moved,Hunter seconded a motion to approve the site plan for two townhouse buildings located on Lots 1 and 2, Block 2, Wescott Hills Revised 2nd Addition with the following variances: 1. Lot 1,Block 2: a variance of 9.75 feet to the required 30 foot side yard setback and 11 feet ti) the required 30 foot rear yard setback 2. Lot 2, Block 2: a variance of 10 feet on the west property line, 20 feet 6 inches to the east property One. and a 2.4% variance from the maximum 20% buildable area. Aye: 5 Nay: 0 • /L3 ( ' . -......--. •-• • ..-- • .. ------ -•- • • • • . -. —-------• • _•-• • -• •• . - t • - EXHIBIT D . if i • , . .. L.,1,, ,r, . , . . i .. . . . I' Ii 1 a...r. It-b. lli 1 1.1 Hill • 4`....-'---ki.'iri. 1. ff-'''• i . • „Ai. Altikz, , 4.-v.wig,...10., I A.:*"..... . ........ .;,-......--- . ...._....,.......:.1-..me . -. ••.1..,-.._• .....,,,-,..,,L,_.,..4. ....--"Fi.i,,...,....,,-„ti.,-_,,-.-.74- 114.7-- -.,-=-C■-...Z.:r_=:- _-- .".-- --=.rIC..-...--- .1_,....__--c.„... I• • • - i i I .. • e impticirl a.ma.O.kri.rr_gi I I .. I +: • 1 1 tic.,pe , !1 ."....4111-44.114-ff t.e. ! t• •• 1 I !1„.......... i i . . ! ' 1,4,'......---- .....:::, „ • : • 1 ..., % ...-Vvripirrirt. , , ‘ . • ,.... ..........jer.."%—• ..,.\ ....,......... ..„ . . . I • : • ,-',:.:-.5.-. ,.., - .&•147 • .. ''': ,- s'•'-' .1 >• • - • . \c ...... • ,,--:•-44:."'',-e--- •." "" •i . - -•`-:., •••:‘,•:‘".. f. . • ------",'.4;7- ' , .c . ,..jp . , kb 0 ....Two_.. . ...,........;;;;;... . .0, ,00.00,,,,,,,\..............".iiiii, '''+'`,......,..............,,:,...s... . ala.......4r1r111- .....,/,..,y........: ,...,...../.- .,. ' 'ill.11114.17 ...v.,... . ''',..s. s s. •••••• -........,....,,,."......'., • . i . ..:,.:,.,,.......... 8,... . 1 ..,.... ..lip, .-... , 1 ... . i ...., , ......,..„-- . v....tr.= -. -- ---. -,... .. • • , .• . 7• .....:...• _.... 1 " ,■■f. - re,21....,,,m--,;.--....1 L. .. 1,....4...sem ' . ''''''''.4,%."-.;,-.7e.0—.. ..:... 11•111;44tillik- . I.,.,., . 1 (it 4 - . • . . . - N, ' Y i i 410 46 - tahr.... ..*• --'111 . • • i It.WZOF • • i V • • i. • , • • 0 l'144•1 Or i444014E1..tr von! • --- • 10:•r•ce . , • • • • , . •, , . • • • . , .. . i•:'•••, 'i • . • .• , .. . • • 1 •• •• ,. • ____._.•.__ _.. EXHIBIT E • . . . ' lir ilr-/ Vli %/i7 roc_la,,,41 • Iii „.. / 3,,.....eF __.,..„-,----,--- At... .t.. .7..... A.s.iti ..• , •- .,./ -•177.:; . _.,_ .. T- ”-"Ili....; • .5";C-T2"---.4k1-a, :',.. '1• .-I 4 - • .4.,,,,-,. •• ".4_3:'-' ''''-, -•=4:...":=.7 47- ...............s.,.- -.-1_ _•,=..min_in I if ii I • .1 . ,....... ......,......... _ ..r. 1,..„....„,..,. ...&-.....f......,.....--....1.p..-..,,,,. . ..,„ ... .q 1 f.tIle.f.41Firjaiti",..■*e'' '7...."-'' '''.- t ,•• ••'....•. ...... IV .....■........■. ,....., .1;.0.4 is.O.'S , =. 111Miiill11WIEME711.1 ....■•■• . •• ••'•••.7...... ...7...21..■.■■•::...:....■.. . . MIIMMIliMIPMFL _ • .s.Art,"1--"•-■."- -.-..--- - -...._. ..,-..;■*;, --'.... - -..... '. - ...• •i.. •-•..■ -'...----..------ ---.... . -; .-Ir-r-- --_,...... ..4:,,--"-'4"-111,17".1.-- ..."--3.1%,•-1,'----'-Z:1,5:7-- .1+.7Z...... •••••• .......ONICAL•-••".. -'- r .• •••••""•""` '''''..'..s....1... ".--,...--.7......... . i • • rlipr n...VIT ''' --. ---- P - ....--'.r---.14=-....7'. .--.0.4.. .. •.5..c=,„ .. ". . ..c.G..=::".. ... .. .---• n7.... . .-•-•_,.... 2-.,2,"-•.--.•••• ...... ,.... _ ".03,....T..■4... .............:m.„- -......r.--'-- ' ..111*1-1:.:-- . .---- . 1.____.....,........a . ...... .. ....?"-..-..., ..4...., i1Fe....._••• ?• e;./ • •••:s...... .........-• . e 2 g_...■ ...E2,.....17''''al"'''''' Gi•._ . ______?..7.,,,, ....-.....-.-- •-•-- . .--"-- .--...s... .- - . 7 ■ Agenda Information Memo June 20, 1995 Eagan City Council Meeting B. POLICY DIRECTION ON TRASH RECEPTACLES AS OUTDOOR STORAGE ACTION TO BE CONSIDERED: To determine if trash receptacles should continue to be considered outdoor storage and therefore be subject to the outdoor storage ordinance. If it is determined that trash receptacles are not outdoor storage and should be regulated through other ordinances, the following additional action is in order for consideration: To direct amendment of City Code Section 11.03.54 to delete trash receptacles from the definition of outdoor storage and amendment of City Code Section 11.10 Subd 24.B.7 to add performance standards for trash enclosures in townhouse and multiple residential, commercial, and industrial districts. FACTS: • The City Code(Chapter 11) currently defines outdoor storage to specifically include trash receptacles. • Outdoor storage is permitted in NB, GB, CSC, RSC and I-1 districts upon Council's granting of a conditional use permit (CUP). • Specific performance standards for outdoor storage are mandated in the current outdoor storage ordinance (Section 11.10 Subd. 29.C.1). These performance standards are as follows: a) Outdoor storage items shall be placed within an enclosure. b) All such enclosures shall be attached to the principal building except in the Limited Industrial district. c) The enclosure shall be made of material suitable to the building and the items to be stored. d) The enclosure shall not encroach into any established front building setback area or other required setbacks. e) The enclosure shall not interfere with any pedestrian or vehicular movement. f) The items stored shall not exceed the height of the enclosure. g) The display area shall not take up required parking spaces or landscaping areas. h) The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. i) the square footage of outdoor display areas shall be included in the calculation of required off-street parking for the principal use of the property. • Trash/garbage disposal and incineration in townhouse and multiple residential districts is regulated by Section 11.10 Subd. 24.B.7, which prohibits "exterior trash or garbage disposal or incineration. Any exterior storage shall be enclosed within a container and such container shall be completely screened by a wall or equivalent visual screen". Section 11.10 Subdi 27 pertaining to commercial and industrial site development requires compliance with Section 11.10 Subd. 24.B. • Section 10.01 regulates storage, deposit and disposal of refuse in all districts. This code section deals primarily with regulation of the trash or recycling containers themselves,the frequency of refuse%recyclable collection, and backyard composting. ISSUES • John Young, owner of an industrial building at 4870 Biscayne Avenue,has informed staff that he wants to construct an enclosure around his trash receptacle. His letter to City Administrator Hedges, dated June 8, 1995, does not specify what type of trash receptacle- -the typical commercial garbage dumpster, or the large (20 or 30 cubic-yard) roll-off construction type dumpster--and how many trash receptacles would be contained within this enclosure. • Staff informed Mr. Young that he would need to apply for a CUP and a variance (proposed location would not meet setback requirements as per Section 11.10 Subd. 29.0 (d)) for this trash enclosure. • Mr. Young has indicated that he believes the CUP and variance requirements for "a basic fence" are onerous. • On further staff inquiry, Mr. Young indicated that he wants to enclose an area approximately 30 feet by 30 feet (900 square feet--larger than a three-car garage) in size. Within the enclosed area he might store trash receptacles of both types (typical commercial garbage and roll-off construction type dumpsters) and other "recyclable" materials that may not be in receptacles of any type. In other words, the proposed enclosure would potentially contain both trash receptacles and open storage of materials. • Mr. Young also indicated in this June 14 phone conversation with staff that consideration should be given to exempting other types of outdoor storage, specifically "recyclables", from the CUP requirements if the enclosed area for such storage is 30 feet by 30 feet or less. • The intent of the outdoor storage ordinance is to ensure adequate and appropriate screening of all outdoor storage. Deleting trash receptacles from the definition of outdoor storage, in effect, removes the CUP requirement for enclosures and also removes the enclosure performance standards as per the outdoor storage ordinance. • Removing the CUP requirement for trash receptacle enclosures simplifies the process. Review of enclosures for code compliance would be done administratively. • Assurance that adequate screening of trash enclosures is provided can be achieved by adding similar performance standards as required in the outdoor storage ordinance to Section 11.10 Subd. 24.B.7. • Trash not in receptacles in accordance with Section 10.01 and other merchandise, supplies, material, finished goods, inventory, other movable property or motor vehicles stored outside would still be considered outdoor storage and would be subject to the outdoor storage ordinance. • The suggestion that outdoor storage of other items such as "recyclables", not stored in a container, should also be exempt from the CUP requirement, if less than 900 square feet, would require further ordinance amendment and clarification of terms. ATTACHMENTS Letter from Jo.4 Young to City Administrator Hedges, dated June 8, 1995, pages � 3S through Memo from Senior P)angig Marnin to City Administrator Hedges re: John Young letter, pages _03_ through !�(J (?)(Z • • June 8, 1995 Mr. Thomas Hedges City Administrator 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: Per your request, I am writing to you in response to our conversation on June 4, 1995. On June 6th and 7th, I spoke with Kristy Marvin in the Community Development Dept. in regard to building a wood fence around my trash receptacle. I have been instructed that the process to build this fence is as follows: • CUP for outdoor storage: $150.00 (a simple trash receptacle is considered outside storage.) • Variance: setback $150.00 • Abstractor's certificate: $75.00 • Site plan: est. $200.00 v Landscape plan : est. $300.00 • Survey: done Schedule of other improvements: Total Cost ? • Scale drawing: est. $200.00 40 • Pay for administrative and consulting costs and I have no control over how staff • manages their time. Deposit $500.00 Total Cost ? /35 • Have my financial obligations reviewed regarding the installation of city infrastructure. (This items has no relevance to a trash reception issue.) Total Cost ? • Any other miscellaneous requirements city staff may ask for. Total Cost ? • Check applicable ordinances and comply with ordinance requirements. This is impossible due to the fact that my building exterior is metal and now does not comply with Eagan's current industrial architectural standards. Total Cost All of these listed items are required for a basic fence which technically doesn't need a building permit. My business property has been held up for nine months because of the moratorium, this is the first opportunity I have had since last fall to start the process of improving my property. As you know, the construction season in Minnesota in very short. There is no logical reason why a trash receptacle requires a CUP and variance on an existing use property. The fact that my building and use of my property was in place before this new ordinance was adopted leads me to question if I have grandfather rights. Regardless, I am trying to move forward to show good faith to the city council's decision to leave us zoned industrial. Time after time, the existing business community is having to deal with these generic or blanket ordinances. Shouldn't there be written clauses in an ordinance so it can better serve the variety of different uses within a zoning classification? The city planner I have been trying to work with on this now momentous construction project will be logging and billing me for all her hours, when the fact remains that I have been educating her by having to explain the appropriate materials to be used. I am ashamed of the language and attitude that has been displayed towards me while I am trying to achieve our common goal of improving the appearance of this area. Since when, for no justifiable reason, does a city planner call me, the applicant, a "back stabber" while conversing about a trash receptive project. I would appreciate your addressing this problem immediately. By no means am I asking for special treatment,just reasonable treatment. • Now that Kim Eggers and Jim Sturm have left this department a total breakdown in good communication,.reasonable problem solving, and a common sense approach in dealing with the community of Eagan is just not available. Thank you for offering your immediate attention to the contents of this letter. 1'11 await your prompt written reply. Regards, ,.//Z John Young 431-4284 cc: City Council Members Eagan Small Business Assc. 3 7 MEMO — city of eagan MEMO TO: Tom;Hedges, City Administrator FROM: Kristy Marnin, Senior Planner,/AAA ,- DATE; June 14, 1995 SUBJECT: Letter from John Young re: CUP and Variance for Trash Enclosure In his letter to you dated June 8, 1995, John Young, owner of an industrial building at 4870 Biscayne Avenue, presented a cost estimate for obtaining a conditional use permit and variance for a trash enclosure. Following is a comparison of Mr. Young's estimate of costs to actual costs. Mr. Young Actual 1) CUP Application Fee $150 $150 2) Variance Application Fee $150 $150 3) Abstractor's Certificate $ 75 $140 for CUP N.A. for variance 4) Site Plan $200 50 cents 5) Landscape Plan $300 N.A. 6) Survey done N.A. 7) Schedule of Other Improvements ? see below 8) Scale Drawing $200 N.A. 9) Escrow $500 $500 for CUP N.A. for variance 10) Financial Obligation Review ? see below 11) Miscellaneous Requirements ? see below / Tom Hedges June 14, 1995 Page 2 12) Checking/Complying with Applicable Ordinances ? see below Following is an explanation of this comparison. Items 1 & 2: Application fees are set costs. Mr. Young correctly stated the current fees for the two applications. Item 3: An abstractor's certificate of the names and addresses of the owners of the property under consideration and the owners of the property within 350' of the boundaries of the property under consideration is required with a CUP application. However, an abstractor's certificate is ,riot required for a variance application. Staff contacted Dakota County Abstract for an estimate on preparing an abstractor's certificate. Their fees are $10 per name and address, with a minimum fee of$100. Approximately 14 separate properties are within 350' of the boundaries of Mr. Young's property; therefore the fee is $140. Other abstract companies may have lower fees. Items 4, 6 and 8: The site plan, survey and scale drawing are all essentially the same thing. In other words, all that is required is a drawing, to scale, showing what the applicant is proposing (e.g. locations and dimension of proposed structures, existing structures, etc.). Oftentimes, the property owner has a site plan, survey or scale drawing from the original building construction. If not, the applicant can either purchase a certificate of survey for the property from the City for 50 cents and draw in the proposed structure, or the applicant can sketch his/her own site plan for free. There is no requirement that the site plan or scale drawing be done by a professional. Item 5: Neither CUPs nor variance applications automatically require a landscape plan. For this reason, staff did not contact any landscape architects to verify Mr. Young's cost estimate, should a landscape plan be required. Item 7: Staff assumes that Mr. Young is referring to the Council's directive that properties in Halley's Addition be brought up to I-1 code standards, and that a schedule for implementing the required improvements be worked out with property owners as a part of any development application (e.g. CUP, variance, building permit, etc.) for their properties. There is no direct cost for this schedule. However, there would obviously be costs associated with Tom Hedges June 14, 1995 Page 3 implementing the required improvements. The exact cost would depend on the particular improvement (e.g. parking lot paving, landscaping, outdoor storage screening, etc.). Item 9: The escrow deposit is a set amount. Mr. Young correctly stated the escrow amount. Although each particular case may be different, past experience has shown that no CUP application to date has exceeded this escrow deposit amount. Items 10, 11 & 12: Mr. Young is assuming that there will automatically be costs above beyond those identified on the application forms. It is not possible to either confirm or refute the validity of this assertion. If you have any questions regarding this memo, please advise. D Agenda Information Memo June 20, 1995 C. CONTRACT 95-08, TIMBERLINE ADDITION PLAN APPROVAL ACTION TO BE CONSIDERED: To approve/modify the plans and specifications for Contract 95-08 (Timberline Addition - Street Rehabilitation)and authorize the advertisement for a competitive bid opening to be held at 10:30 time on July 14, 1995. FACTS: • The public hearing to consider the rehabilitation of streets within the Oslund-Timberline Addition is scheduled for consideration by the City Council earlier on the June 20 agenda. • If the project is approved as a result of the public hearing process, it is appropriate for the Council to approve the plans and specifications and authorize the advertisement for competitive bids to allow the project to be completed to allow the project to be completed yet this year. • If the scope of the project is modified by the public hearing process, the detailed plans and specifications will be modified accordingly prior to advertising for competitive bids. • CITY OF EAGAN SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT IMPORTANT INFORMATION FOR THE APPLICANT NO FIREARM DEER HUNTING WILL BE PERMITTED except during those special hunting seasons authorized by the City Council,and controlled and conducted by the Department of Natural Resources for wildlife management purposes. Applications for special hunting permits will be considered for deer (bow hunting only), ducks, geese and pheasant only on parcels of Property of fiye acres or_r tore and zoned ag icoltutiL igmmercial or industrial. The maximum dates of the season for each wildlife hunted shall coincide with the hunting dates established by the Minnesota Department of Natural Resources (DNR). The Eagan City Council may,at its discretion,reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special hunting if the permit does not serve the purposes of wildlife management, even if the applicant has complied with all of the requirements. Any_hunter listed in this application may hunt only when accompanied by the applicant. A copy of this permit and appropriate identification must be carried at all times fps veritirpt n by the Eagan police Department. 1. Name: , "6-4eA 2. Street Address: 3. City/State/Zip Code: 16O d Q 4,9iv-,S Ooo I?s /401 '17 _ 4. Property Owner's Name (written permission from the property ovmer must accompany this permit application): Mete. /� tomy$1-rtd ram hoe tz 5. Property Location Description: 12 5-0 Peer 14944 4 12 7 r' 'e lt,vt, o� 126 0 Deer 1404 ,Dr. "11 5 Lr e 1s Zotteeid r'i Adkura i V • 6. Type of Game to be Hunted: 7. Specific Hunting Dates: `� 1 • wh,..1 7 ; .t c-c�I� /� f S /I7'i ' 80,0 f- o d i; 3 S AsatiJ �- 1JMI — V IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY r 8. Name (Beginning with the Applicant): 9. Address: /� L 10.Vehicle I IQs J hcg 4'24 d H,e KAi(/s4s J' N License # ,16/9e�i �J �' S!�'rrt �.�o 7 7 led fro 4r ■4 r elm , c?q 6-,el? rn dorgr . 11. Police Approval/Date: 12. City Council Approval Date: 13. Expiration Date: • 7:7wp5-1\forms\hunting.prm Reviseti0/94 • Mayor Tom Egan May 29, 1995 Eagan City Hall 3$30 Pilot Knob Road &© Q I, Eagan M 55123 ' � Eag N, I Jim 7 � C. Dear Mayor Egan and Council Members. We are the property owners of two adjacent 5 acre lots located at 1260 and 1250 Deerwood Drive. We are having a significant problem with nuisance deer on our properties. Herds of 10 and 12 deer come within 15-20 feet of our homes. They ruin our lawns, and frequently eat our flowers and shrubs. The over population can also enhance the spread of deer tick and lyme disease. To help control this problem, we are requesting that you issue a special bow hunting permit this fall. The permit should allow a number of deer to be taken from our properties. Thank-you for your consideration of this matter. Sincerely, Dan Goetz Harlan Langstraat tja 4111r • 2444 gi-47714. 1260 Deer o, : 1250 Deerwood Drive Eagan MN, 55123 Eagan MN, 55123 4)4( .24/4 elAs:A't '6e '14;AA-121 )t- We A it 1�►�r DC(44 4" Gam,`',.�6- A4-6‘" A- 1 p 4444 • 6-6-95 Mayor Egan And Council Members: Background information on applicants. We have been hunting metro deer for the past 35 years. All applicants have had gun and bow safety certification from the state of Minnesota. We have been hunting nuisance deer for the past 15 years, which includes Woodbury, Inver Grove Hts., and Sunfish Lake. We have worked with Jon Parker (DNA Area Wildlife Manager). The last 2 years we helped a farmer in Sunfish Lake save his crops. Fourteen deer were taken from his ten acre farm. 90% of the deer we take are donated to needy families. Thanking You in Advance Thomas J. Lea h •