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06/04/1991 - City Council Regular AGENDA 41/REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING �U JUNE4, 1991 ��'� 6:30 P.M. ir I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) Ar II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) . IV. 6:55 - CONSENT AGENDA (PINK) � ?-A. PERSONNEL ITEMS , .,,�pX, (o''") Q,a. - ,. B. AMENDMENTS, Municipal Codifiers, 1991 City Code C U 0% 1 C. CONTRACT 91-04, Receive Bids/Award Contract (Oaks of Bridgewater 2nd Addition) f1 .0. CONTRACT 91-07, Approve Plans/Authorize Ad for Bids (1991 Sealcoating) 21E. PROJECT 543R, Receive Final Assessment Roll/Order Public Hearing (Skyline Road) ` IF. PROJECT 601, Receive Feasibility Report/Order Public Hearing (Lexington Avenue/Lone Oak - Intersection Reconstruction & Signalization) PROJECT 603, Receive Feasibility Report/Order Public Hearing (Wilderness Run Road i!I:Vt. Reconstruction) 4111011. COST PARTICIPATION AGREEMENT #30-07 & Signal Agreement #91-08 (Diffley Road & Nicols lo Road Intersection Reconstruction & Signalization) I. WAIVER OF PLAT, Duplex Lot Split, Mark Calvin Construction, for Individual Ownership, ' Located on Lot 3, Block 1, Oakwood Heights 2nd Addition y(J. VACATE Various Drainage & Utility Easements, Receive Petition/Order Public Hearing (Whispering Woods 6th Addition) V. 7:00 - PUBLIC HEARINGS (SALMON) V1 A. PROJECT 613, Willbrook Addition (Streets & Utilities) 1B. PROJECT 524, Final Assessment Hearing, Johnny Cake Ridge Road - Streets & Utilities C. (Request to Continue to the tee--, 1991 meeting) 5s ?- 41C. PROJECT 578, Final Assessment Hearing (Sibley Terminal Industrial Park - Storm Y • Sewer) VI. OLD BUSINESS (ORCHID) AA. RESOLUTION Authorizing the Execution of Certain Documents in Connection with the () . Foreclosure of and Transfer of Title to the Royal Oak Circle Apartment Project tt (Request to Continue to the June 18, 1991 meeting) t B. PRELIMINARY PLAT, Burrview Pond Addition/Sander & Company, Inc. , Consisting of 132 , fl Apartment Units on Approximately 13.7 Previously Zoned R-4 (Multiple Acres) Located C Along the South Side of Highway 55 in the NE 1/4 of Sec 12 ^01 C. ORDINANCE Amendment, City of Eagan, Amending Eagan City Code Chapter 6, Entitled l "Other Business Regulations and Licensing," by Amending Section 6.34 Regarding Tabacco Products; and by Adopting by Reference Eagan City Code Chapter 1 and Section 6.99 IV VII. NEW BUSINESS (TAN) -V) A. CONDITIONAL USE PERMIT, R. L. Johnson Investment Co. , Inc. , to Allow Outdoor Storm X . in a LI (Light Industrial) District, and a Special Use Permit for a Fence in Excess of 6 Feet in Height at Lot 1, Block 1, R. L. Johnson 2nd Addition, Located Along Yankee Doodle Road and Yankee Drive in the SE 1/4 of Sec 8 and the NE 1/4 of Sec 17 9(B. REZONING, Burnsville Lumber Co, of Approximately One Acre from AG (Agricultural) to f ' an R-1 (Single Family) District Located Along the West Side of Slater Road South of Whispering Trail in the SW 1/4 of Sec 31 0nC. WAIVER OF PLAT, Cellular One, in Order to Split an Existing Tax Parcel (010-50) PLocated Along the South Side of Deerwood Drive West of I-35E in the SW 1/4 of Sec 21 '„j_ D. PRELIMINARY PLAT, Kings Wood 5th Addition/Horne Development Corporation, Consisting � vv''-- of Four Lots on Approximately 1.3 previously Zoned R-1 (Single-Family) Acres Located � Along Rocky Lane and Kings Crest in the NE 1/4 of Sec 21 VIII. ADDITIONAL ITEMS (GOLD) Q ,te A. CONTRACT 91-05, Approve Plans/Authorize Ad For Bids (Willbrook Addition) IX. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT • I i MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 31, 1991 SUBJECT: AGENDA INFORMATION FOR JUNE 4, 1991 CITY COUNCIL MEETING ADOrt ACENDWAPPROVE:MINUTES After approval is given to the June 4, 1991 City Council agenda and regular minutes for the May 23, 1991 City Council meeting, the following items are in order for consideration. DEPARIMENT HEAD BUSINESS At this time there are no items to be considered under Department Head Business. • • Agenda Information Memo • June 4, 1991 City Council Meeting CONSENT APEXPA There are ten (10) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: Item 1. Seasonal Park Maintenance Worker/Informational Item--Due to the resignation of a seasonal park maintenance worker, it was necessary for City Administrator Hedges to approve the hiring of Paul Szurek as a seasonal park maintenance worker. This item is informational. No action-is needed. Item 2. Retirement/Dispatcher/Authorization to Proceed with Hiring Procedures--The City has just received notification from Marlene Adam, a dispatcher with the Eagan Police Department since 1969, that she plans to retire as of September 30, 1991. It would be appropriate at this time to acknowledge, with regret, the retirement of Marlene Adam. Further formal recognition by the Council of Ms. Adam's years of service will be presented during September of 1991. Chief of Police Geagan is requesting permission from the Council to proceed with hiring procedures for a replacement for Ms. Adam. This action is necessitated at this time because an extensive period of training is required before a dispatcher is able to responsibly fulfill the tasks of the position. Also, the dispatch center is and will be shorthanded in the immediate future due to vacations and a child care leave. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the resignation, with regret, of Marlene Adam and to authorize proceeding with hiring procedures for a replacement. • Agenda Information Memo June 4, 1991 City Council Meeting • ORDINANCE AMENDMENTS/CODIFICATION B. Amendments,Municipal Codifiers, 1991 City Code—Representatives of the City Clerk's office, the City Attorney's Office and Municipal Ordinance Codifiers met recently to review 1990 and early 1991 ordinances adopted by the City, as well as to review five (5) additional proposed ordinances. Since the last codification, the City has adopted the following ordinances which are being codified at this time: Effective Number Chapter Purpose Date 101 3 Establishing a Storm Drainage Utility 5/24/90 102 13 Water Quality Management 5/24/90 103 5 On/Off Sale Liquor Licensing 7/26/90 104 Delinquent Escrow Accounts 7/19/90 105 Delinquent Escrow Accounts 7/19/90 106 6 Tree Maintenance Licenses 7/26/90 Trees - Public Rights of Way 7/26/90 107 f_ ' Planting/Maintenance of Trees 108 4 Advertising Sign Moratorium 9/13/90 109 5 Liquor License 12/27/90 110 6 Business License Fees 1/24/91 111 4 New State Building Code 2/14/91 112 6 Pawn Shop Licensing 3/14/91 113 2 Name Change/Parks & Rec. Commission 4/11/91 114 6 Refuse/Targeted Recyclable Definition 4/11/91 Attached on pages J and (o is a copy of the revision memo as provided by the codifiers. This memo notes where the above 14 ordinances are being placed within the Code and provides some additional information. The memo also addresses the five (5) additional ordinances which are attached as pages -2 through / These amendments make changes to keep the City Code in compliance with State Law or to provide clarification of previously enacted ordinances. A number of the changes address the requirement for the City to receive acceptable evidence of compliance with the worker's compensation insurance coverage requirement of Minnesota Statutes. This is mandated for contractors doing business with the City and for license issuance by the City. 3 Agenda Information Memo • June 4, 1991 City Council Meeting Included on page /3 for comparative purposes is a copy of the existing Section 2.03 regarding notice for special meetings of the City Council. The City Council has adopted one additional ordinance regarding zoning for pawn shops and is considering a number of additional ordinances which will be codified next year as appropriate. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the adoption and codification of the 14 ordinances as presented. rA-1 ) • • REVISION MEMO - EAGAN • DATE: May 14, 1990 TO: Gene VanOverbeke, City Clerk FROM: Lorraine E. O'Reilly, Codifier RE: 1991 City Code Revisions We herewith hand you ordinances amending Chapters 2, 5, 6, 8 and 10 of the City Code. You will note that the number has been left blank on each of the ordinances, but a number should be assigned prior to adoption and publication. The enclosed ordinances should be reviewed by yourself and the City Attorney prior to being submitted to the Council for its consideration. After the ordinances have been adopted and published, please forward published copies to our office so that we are aware of any changes which have been made in the City's review. The revision pages will then be prepared by our office for insertion in the Code. CHAPTER 2 Sec. 2.03 is updated to conform to the amendment of MSA 471.705 and the special meeting notice requirements. Sec. 2.12 is amended to include the requirement that contractors doing business with the City give evidence of compliance with the worker's compensation laws. Ordinance No. 113 will be inserted in preparing the revision pages. CHAPTER 3 Ordinance No. 101 will be inserted in preparing the revision pages. CHAPTER 4 Ordinances numbered 108 and 111 will be inserted in preparing the revision pages. • CHAPTER 5 Sec. 5.18 is added to require licensees to give evidence of compliance with worker's compensation laws when applying for licenses. The bond requirement, although no longer required by statute, is being retained in Sections 5.52 and 5.70, as directed, and the City will further review the statutes (specifi- cally Chapter 554, Laws 1990) relating to bed and breakfast 0 establishments. Ordinances numbered 103 and 109 will be inserted in preparing the revision pages. CHAPTER 6 Sec. 6. 02 is amended to repeal Subd. 2 providing for a $5.00 investigation fee , and Sec. 6.03 to provide that the amount of duplicate licenses shall be adopted by resolution. Sec. 6.12 is added to require licensees to give evidence of compliance with the worker 's compensation laws when applying for licenses. Ordinances numbered 106 relating to Sec. 6.44, tree maintenance contractors, and 110, 112 and 114 will be inserted in preparing the revision pages. CHAPTER 7 Ordinance No. 106 also amended Sec. 7.08 and it is our under- standing that unless we hear further from the City to the contrary, that ordinance is to be inserted as adopted in preparing the revision pages. Additional standards and restrictions may be formulated in the near future. CHAPTER 8 Section 8. 01 is updated through Laws 1991. CHAPTER 9 Discussion was had as to the amendment of Sec. 9.10, Subdivisions 6 and 7, but apparently the decision is to leave those provisions as is for the present time. CHAPTER 10 Sec. 10.22 entitled "Planting and Maintenance of Trees" is repealed since it was the intent of Ordinance No. 107 to amend both Sections 10.21 and 10.22. We have provided for adoption of MSA Chapter 86B to replace repealed MSA Chapter 361 in Subd. 7 of Sec. 10.24. The adoption of 6 MCAR 1.0200-1.0212 should be specifically reviewed for a decision as to whether those rules are to be retained. CHAPTER 11 Ordinance No. 104 will be inserted in preparing the revision pages. CHAPTER 13 Ordinances numbered 102 and 105 will be inserted in preparing the revision pages. • -2- ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 2 ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY CHANGING PROVISIONS RELATING TO SPECIAL MEETINGS AND WORKER'S COMPENSATION COVERAGE; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Sec. 2.03 is hereby amended, to read : SEC. 2.03. SPECIAL MEETINGS. Special meetings of the Council may be called by the Mayor or by any two other members of the Council by writing filed with the City Administrator stating the time, place and purpose of the meeting. Notice of a special meeting shall be given by the City Administrator to each member of the Council by mailing a copy of such filing to all members who did not sign or issue the call at least three (3) days prior to the time stated therein, or by personal service at least seventy-two (72) hours prior to the projected time of meeting. Special meetings may be held without prior written notice to the Council when all Council members are present at the meeting 40 or consent thereto in writing. Any such consent shall be filed with the City Administrator prior to the beginning of the meeting. Any special meeting attended by all Council members shall be a valid meeting for the transaction of any business that may come before the meeting. Meetings of the Council which are adjourned from time-to-time shall not be subject to the foregoing notice requirements ; nor shall special meetings which, in the judgment of the Council, require immediate consideration to meet an emergency require such notice, but may be called by telephone communication or any other expeditious means. Notice to the public and to news media shall be given as required by statute. - Section 2. Eagan City Code Sec. 2.12 is hereby amended, to read : SEC. 2.12. WORKER'S COMPENSATION. Subd. 1. Contractors. The City shall not enter into any contract for doing public work before receiving from all other contracting parties acceptable evidence of compliance with the worker's compensation insurance coverage requirement of Minnesota Statutes. 111 Subd. 2. City Officers. All officers of the City elected or appointed for a regular term of office or to complete the unexpired portion of any such regular term shall be included in the definition of "employee" as defined in Minnesota Statutes relating to coverage for purposes of worker's compensation entitlement. Section 3. Eagan City Code Chapter 1 entitled General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By : By: Its : Clerk Its : Mayor • Date Ordinance Adopted : Date Ordinance Published in the Legal Newspaper: -2- ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 5 ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY ADDING A PROVISION RELATING TO WORKER'S COMPENSATION" AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code, Chapter 5, is hereby amended by adding a Section, to read : SEC. 5.18. WORKER'S COMPENSATION. No license to operate a business shall be issued by the City until the applicant presents his employer's tax identification number and acceptable evidence of compliance with the worker 's compensation insurance coverage requirement of Minnesota Statutes by providing the name of the insurance company, the policy number , and dates of coverage, or the permit to self- insure. Section 2. Eagan City Code Chapter 1 entitled General Provisions and Definitions Applicable to the Entire City Code 40 Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: By: Its: Clerk Its: Mayor Date Ordinance Adopted : Date Ordinance Published in the Legal Newspaper: ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY . CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY REPEALING A PROVISION RELATING TO LICENSE APPLICATIONS; BY CHANGING A PROVISION RELATING TO DUPLICATE LICENSES; BY ADDING A PROVISION RELATING TO WORKER'S COMPENSATION; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Sec. 6.02 entitled "Applications" is hereby amended by repealing Subd. 2 providing for the payment of a non-refundable $5.00 investigation fee. Section 2. Eagan City Code Sec. 6.03 entitled "Action on Application, Transfer, Termination and Duplicate License" is hereby amended by changing Subd. 6, to read: Subd . 6. Duplicate License. Duplicates of all original licenses may be issued by the City Clerk-Treasurer , without action by the Council, upon licensee's affidavit that the original has been lost, and upon payment of a fee in an amount adopted by resolution of the Council for issuance of the dupli- cate. All duplicate licenses shall be clearly marked DUPLICATE. Section 3. Eagan City Code, Chapter 3, is hereby amended by adding a Section, to read: SEC. 6.12. WORKER'S COMPENSATION. No license to operate a business shall be issued by the City until the applicant presents acceptable evidence of compliance with the worker's compensation insurance coverage requirement of Minnesota Statutes by providing the name of the insurance company, the policy number, and dates of coverage, or the permit to self-insure. Section 4 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 6.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: By: Its : Clerk Its: Mayor • Date Ordinance Adopted : Date Ordinance Published in the Legal Newspaper: D ORDINANCE NO. , 2ND SERIES • AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 8 ENTITLED "TRAFFIC REGULATIONS" BY CHANGING A PROVISION RELATING TO ADOPTION OF THE TRAFFIC REGULATION ACT BY REFERENCE; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 8.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Section 8.01 is hereby amended, to read: SECTION 8.01. MINNESOTA STATUTES, CHAPTERS 168, 169 AND 171 ADOPTED BY REFERENCE. Except as otherwise provided in this Chapter , or in Chapters 7 and 9 of this Code , the regulatory and procedural provisions of Minnesota Statutes, Chapter 168 , Chapter 169 (commonly referred to as the Highway Traffic Regulation Act) and Chapter 171, as amended through Laws 1991, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code 0 Including Penalty for Violation" and Section 8.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL . By: By: Its: Clerk Its: Mayor Date Ordinance Adopted : Date Ordinance Published in the Legal Newspaper: • • ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY REPEALING A PROVISION RELATING TO THE PLANTING AND MAINTENANCE OF TREES; BY CHANGING A PROVISION RELATING TO ADOPTION OF WATER SAFETY STATUTES BY REFERENCE; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. Eagan City Code Sec. 10.22 entitled "Planting and Maintenance of Trees" is hereby repealed . Section 2. Eagan City Code Sec. 10.24 entitled "Rules and Regulations Governing Boating and Related Water Activities Within the City" is hereby amended by changing Subd. 7, to read : Subd. 7. Adoption of State Laws. Chapter 86B of Minnesota Statutes (Water Safety and Watercraft) , and 6 MCAR 1.0200-1.0212 (Boat and Water Safety Rules) , as amended, are hereby adopted and incorporated by reference as part of this Section . 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 herein. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: By: Its: Clerk Its: Mayor Date Ordinance Adopted : • Date Ordinance Published in the Legal Newspaper: • CHAPTER 2 ADMINISTRATION AND GENERAL GOVERNMENT SECTION 2.01. AUTHORITY AND PURPOSE. Pursuant to authority granted by Statute, this Chapter of the City Code is enacted so as to set down for enforcement the government and good order of the City by and through the Council. SEC. 2.02. Comm MEETINGS - TIME AND PLACE. Regular meetings of the Council shall be held in the Council Chambers on the first and third Tuesdays of each month at 6:30 o'clock P.M. Special and adjourned meetings shall also be held in the Council Chambers or such place as the Council designates. In the event that any regular meeting falls on a holiday, then the meeting shall be held on the next day or such other day as the Council designates, at the same time. The organizational meeting shall be held at the time of the second Fegular meeting in January. SEC. 2.03. SPECIAL MEETINGS. Special meetings of the Council, or any standing committee of the Council, may be called by the Mayor or by writing filed with the City Administrator. oAtt least uonelday by before the meeting the City Administrator shall notify each member of the time, place and purpose of the meeting by • causing written notice thereof to be mailed. Special meet- ings may be held without Council members are presentloat wthe tmeetingcorwconsent all thereto in writing. Such consent shall be filed with the City Administrator prior to the beginning of the meeting. Any special meeting attended by all Council members shall be a valid meeting for the transaction of any business that may come before the meeting. SEC. 2.04. COUNCIL PROCEDURE City Administrator shall prepare the following e : The an agenda for the forthcoming meeting; (1) City Administrator on administrative activitie of them the ceding month; (3) a compiled list of claimants; and, (4)re- a copy of all minutes to be considered. The City Administra- tor shall forthwith cause to be mailed or delivered to each member Hof the Council copies of all said documents. Roberts' Rules of Order (Newly Revised) shall govern all Council meetings as to procedural matters except as amended in specific instances by unanimous vote of the Council members present. The order of business at regular meetings shall be as determined by the Council. Matters inappro- priate for consideration at a meeting, or not in the order specified, shall not be considered except (1) with the unanimous consent of the members of the Council, or (2) scheduled public hearings or bid lettings at the time stated in the notice. 6 (1-1-83) • Agenda Information Memo • June 4, 1991 City Council Meeting CONT. 91-04. RECEIVE BIDS OAKS OF BRIDGEWATER 2ND ADD. C. Contract 91-04,Receive Bids/Award Contract (Oaks of Bridgewater 2nd Addition)-- At 11:30 a.m. on May 31, 1991 formal bids were received for the inst lation of streets and utilities under the above-referenced contract. Enclosed on page /5 is a tabulation of the bids received with a comparison of the low bid to the estimate contained in the feasibility report presented at the public hearing held on May 7, 1991. Before the City can enter into a contractual obligation for the installation of public infrastructure, it is necessary to insure that adequate easements and rights-of-way are available. The Developer has not been able to complete all the requirements associated with the final plat approval that is necessary to provide these easements and rights-of-way. Therefore, it is recommended that consideration of these bids be continued for consideration with the final plat approval for the Oaks of Bridgewater 2nd Addition or 45 days, whichever occurs first. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 91-04 (Oaks of Bridgewater 2nd Addition-Streets and Utilities) and continue consideration of • contract award until time of final plat approval. • OARS OF BRIDGEWATER 2ND ADDITION PROJECT #610 • CONTRACT #91-04 EAGAN, MN. BID TIME: 11:30 a.m. BID DATE: FRIDAY, MAY 31, 1991 CONTRACTORS TOTAL BASE BID 1. Burschville, Const. $ 323 , 573 .74 2 . Ryan Cont. 340, 966. 53 3 . Nodland 344 ,715. 30 4 . Rice Lake Cont. 353 , 409. 00 5. Excel Utilities 355, 280. 05 6. F.F. Jedlicki, Inc. 374 ,812. 50 7. Northdale Const. 403 ,484 . 15 8 . Widmer Inc. 415, 238.85 9. Landwehr Heavy Moving 444 ,713 .75 10. Brown and Cris 453 , 659.80 11. Arcon Const. 512,691.92 LOW BID $ 323,573.74 Feasibility Report Estimate $ 395,000.00 Engineer's Estimate $ 396,340.00 % Over (+) Under (-) F.R. - 18% % Over (+) Under (-) E.E. - 18% 6c Agenda Information Memo • June 4, 1991 City Council Meeting CONT. 91-07. APPROVE PLANS 1991 SEALCOATING D. Contract 91-07, Approve Plans/Authorize Ad for Bids (1991 Sealcoating)--In accordance with the approved 1991 budget, the staff has put together the detailed plans and specifications as necessary for the preventative maintenance sealcoating contract within the City. Enclosed on pages /-7 through o?O are maps showing the streets proposed to be sealcoated this year. Staff is presenting this information to the Council for their consideration of authorizing a formal solicitation of bid proposals. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 91-07 (1991 Sealcoating) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, June 28, 1991. • S • tic', • •7-/, I e0 1,.I.I.A...I e.k - • sw ‹b, J,,'... ..s• fl ØPT SE ! \ --••••••-•-. \ •-- jili III------- • 1 SE\ ?- SW \ , I US-'M 4 * ,:.ow......, ',-,_ __.'7_,,, *col . TTI" 4i ;I i ' L. 1. 14•RUM MIR V ---- ■ •C' 1 PON I•INCOMOOD 1.. 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' i ci; -, • 1 - f Is - ;1 A- ',-a-- 7.- - . . • _, •..."-,,•,A-i Zoll .4,. . -iairee IN 4it .••• .1A1 .. ^ fiA''' 1 110i111 - /0 .41,111,-"t11----- - ----N- a 1111111111161budikkft411111, - 11 6- v • .c.1 ,_-.. ., ,, A Mr. 1.'.• 6, ti , „..,„„. , ..,.. Iwo - $ . ' MUNN -M al! • . • ) ••I ■Plet Agenda Information Memo • June 4, 1991 City Council Meeting PROJ. 543R, RECEIVE FINAL ASSESSMENT ROLL SKYLINE ROAD E. Project 543R, Receive Final Assessment Roll/Order Public Hearing (Skyline Road- Streets and Utilities)--The completion of the streets and utilities within the Skyline Road and Sibley Hills Drive has been completed, total costs tabulated and final assessment roll prepared. This roll is being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs associated with this project to all affected property owners. The staff will schedule an informational neighborhood meeting with the affected property owners to review and discuss this final assessment roll prior to the scheduled public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 543R (Skyline Road-Streets and Utilities) and schedule a public hearing to be held on July 2, 1991. PROJ. 601. RECEIVE FEASIBILITY REPORT LEXINGTON AVE./LONE OAK RD. • INTERSECTION RECONSTRUCT F. Project 601, Receive Feasibility Report/Order Public Hearing (Lexington Avenue/Lone Oak-Intersection Reconstruction & Signalization)--As a part of Dakota County's Five Year Capital Improvement Program, the intersection of Lexington Avenue (County Road 43) and Lone Oak Road (County Road 26) is proposed to be reconstructed to provide for proper channelization for the proposed signalization of this intersection. Subsequently, the Council authorized the preparation of the feasibility report to evaluate the impact and benefit of the proposed improvement to the adjacent properties. This feasibility report has now been completed and is being presented to the Council for their consideration of scheduling a public hearing to formally present and discuss this proposed improvements with the affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 601 (Lexington Avenue/Lone Oak Road-Intersection Reconstruction & Signalization) and schedule a public hearing to be held on July 2, 1991. � I Agenda Information Memo • June 4, 1991 City Council Meeting PROJ. 603, RECEIVE FEASIBILITY REPORT WILDERNESS RUN ROAD-RECONSTRUCTION) G. Project 603,Receive Feasibility Report/Order Public Hearing(Wilderness Run Road- Reconstruction)--On March 5, 1991, the City Council authorized the preparation of a feasibility report to discuss the proposed reconstruction of Wilderness Run Road from Lexington Avenue to Dodd Road. This report has now been completed and is being presented to the Council for their consideration of scheduling a public hearing to formally present and discuss this proposed improvement with all affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 603 (Wilderness Run Road-Reconstruction) and schedule a public hearing to be held on July 2, 1991. APPROVE COUNTY COST PARTICIPATION AGREEMENT # 30-07 H. Approve County Cost Participation Agreement#30-07 and Signal Agreement#91-08 • (Diffley Road and Nicols Road-Intersection Reconstruction and Signalization)--As a part of the County's Five Year Capital Improvement Program, they are proposing to reconstruct a portion of the intersection of Nicols Road and Diffley Road (County Road 30) to provide for the proper channelization for the proposed signalization of this intersection. These agreements have been reviewed by the Public Works Department and City Attorney's office and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the County Cost Participation Agreement #30-07 and Signal Agreement #91-08 (Diffley Road and Nicols Road - Intersection Reconstruction and Signalization) and authorize the Mayor and City Clerk to execute all related documents. • 0 s Agenda Information Memo June 4, 1991 City Council Meeting • WAIVER OF PLAT/MARK CALVIN CONSTRUCTION I. Waiver of Plat, Duplex Lot Split, Mark Calvin Construction,for Individual Ownership, Located on Lot 3, Block 1, Oakwood Heights 2nd Addition—An application has been received of Mark Calvin requesting a duplex lot split for the above referenced property located at 4443 and 4445 Lynx Court. For additional information in this regard,please refer, to the C unity Development Department staff report which is enclosed on pagesa c,1 and for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the waiver of plat/duplex lot split for Mark Calvin on Lot 3, Block 1, Oakwood Heights 2nd Addition as presented. • • �3 • SUBJECT: WAIVER OF PLAT, DUPLEX LOT SPLIT APPLICANT: MARK CALVIN LOCATION: LOT 3, BLOCK 1,OAKWOOD HEIGHTS 2ND ADD'N EXISTING ZONING: R-2, DUPLEX DATE OF PUBLIC HEARING: JUNE 4, 1991 DATE OF REPORT: MAY 30, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Mark Calvin requesting a Waiver of Plat for a duplex lot split to allow individual ownership. The existing duplex is located at 4443 - 4445 Lynx Court (PID #10-53801-030-01) and meets all building setback requirements. Both units are served by separate utility services. • If approved, this Waiver of Nat shall be recorded at the County within 30 days and documentation brought in to the City. . ‘0:r:4\ -.41. *'- . :.: , .' •=i Z••15, '"gr,I'Z' .LEi ' , 777 .4 4 P - �. • -Ike' 7 0 5.! inw -A-- -- it 'tivg,-• kv, "4 ' ..'.' -.).:1,1r:L4: / J` t by 4 ' 2 • v .....--Si— Ai ..:tg-- -7.::!..,.. silliriq,-.•-1?': ea ;;;,_ ..-6041%••••,, Iii i•-- ---:.--1- -.. -$..---v.,rf--- 0-#41-mr.-- - ,isiiiiil a1 \ L Pc I1!i� i:..► ` mfc-r.?7•it••"I c. �. ..�sra —tea .o % �i•;l�r J,�-1- * � :. :..i t. 66 ��. A\ ..■ C r¢ts wrw =�� ikGsllhin��` //Il\��t 411 StrNt Map Zoning Map 4c:DL- ,t t l l I, ;OP I,,t Mnrk Calvin Construction Co. (l DELMAR H. SCHWANZ ,•wnct mvr von, we n ..rn n.•I.w.r.lnr CI.,.r!M•rn..r1. 14750 SOUTH RO°`nT TRAIL ROSEMOUNT.MINNESOTA SS06S PHONE 912 4711769 • SURVEYOR'S CERTIFICATE 1,7'1 -I/;� '/i/7� 7 _ o �'l - a �i7 !�nri Sfl•FT I_ '9.. .b, / :.' ------. 0 7.. 7 t11 I C 3/BB ,•4 b0 / _ PARCEL B /∎ - 1 0 / ': 2 4 - . •� t f 2£.47 N 1 „, , , i 1 `' l 8 , it (1 I e. i �� a I ti 2 ti,c?".s 1/ /,I _ io I 1 l_ " I A, v it ^I I PARCEL A - LI; I 1 v ( 2c.67 N t �� . 0 l // / ( 46.62 -----/a 0,0 _� • Scone: 1 inch - 7‘ 30 feet 24 Elevations shown are I hereby certify that this is a true and correct from Dev. Plan. representation of the following described property: Lot 3, Block 1, OAKWOOD HEIGHTS 2ND ADDITION, Dakota County, Minnesota. Also showing the location of a proposed building staked thereon. \\N��a�,4milim•,,,,�. .. o .. Nov. 4, 1986 !IPSil ,*�DELMAF1 H.Building location verified 06-06-90. I/ / ( - ANZ , Na property corners set for the purpose of : the following descriptions. MINNESOTA REGISTRATION . • 116 / - .: 1:7 Parcel A: S(JFl .,�. p %ii�in.. 1) ) The south 52.58 feet of Lot 3, Block 1, OAKWOOD HEIGHTS 2ND ADDITION, "t""r'''""1 d according to the recorded plat thereof, Dakota County, Minnesota; said 52.58 feet being measured at right angles to the south line of said Lot 3. Containing 8,556 square feet. ( 1 ` Parcel B: IJ/'' ) Lot 3, Block 1, OAKWOOD HEIGHTS 2ND ADDITION, according to the recorded . 111 plat thereof, Dakota County, Minnesota; except the south 52.58 feet thereof, said 52.58 feet being measured at right angles to the south line of said Lot 5. Containing 10,408 square feet. OC Agenda Information Memo June 4, 1991, City Council Meeting • VACATION/WHISPERING WOODS 6TH ADDITION J. Vacation of Public Drainage & Utility Easements, Receive Petition/Schedule Public Hearing (Whispering Woods 6th Addition)--With the proposed final platting of the Whispering Woods 6th Addition, existing utility and drainage easements that were dedicated to accommodate earlier phases of this development are requested to be vacated so that they can be replaced with comparable easements dedicated with the final plat of the 6th Addition. All application submittal requirements have been reviewed and found to be in order for favorable Council consideration of scheduling a public hearing to formally discuss this petition. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate various drainage and utility easements within the Whispering Woods 6th Addition and schedule a public hearing to be held on July 2, 1991. ace Agenda Information Memo • June 4, 1991 City Council Meeting UBU HEARINGS............................................................. PROJ. 613.WILLBROOK ADDITION STREETS & UTILITIES A. Project 613, Willbrook Addition (Streets & Utilities)--On May 7th, the feasibility report was received by the Council and a public hearing was scheduled for June 4th to formally present and discuss the proposed installation of pu lic streets and utilities to service the proposed Willbrook Addition. Enclosed on pages s, through if& is a copy of the feasibility report for this project. All notices have been published in a legal newspaper and sent to all potentially affected property owners informing them of this public hearing. Staff will present the details of this proposed improvements and address any questions that may arise. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve Project 613 (Willbrook Addition-Streets & Utilities). • • FEASIBILITY REPORT AND ESTIMATE OF COST FOR WILLBROOK ADDITION UTILITY AND STREET IMPROVEMENTS CITY PROJECT NO. 613 . EAGAN. MN. MAY. 1991 0 IL • 0_ g ii I ' L1 Ii 4111 A,,,,, . city of eagan 3630 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122 1897 Mayor PHONE (612;454.8100 DAVID K GUSTAFSON FAX (612;454-8363 PAMELA McCREA TIM PAWLENTY MAY 1, 1991 THCoouEMe A eHTER THOMAS HEDGES HONORABLE MAYOR AND COUNCIL City Administrator CITY OF EAGAN EUGENE VAN OVERBEKE Crry Cr, 3830 PILOT KNOB ROAD EAGAN, MN. 55122 RE: City Project No. 613 Willbrook Addition Utility and Street Improvements Dear Mayor and City Council: Enclosed is the feasibility report for the Willbrook Addition - Utility and Street Improvements. Included is a preliminary cost estimate and preliminary assessment roll for the project. Staff will be available to discuss and present the details of the project to the Council and other interested public at a time convenient to the Council. Sincerely yours, y-i 11 X.„^ v John P. Wingard, P.E. Development/Design Engineer Enclosures JPW/j f I hereby certify that the attached plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. 6..P\1(\* liAj '4Vik‘"---- .t, Date: S - /6 "" q( Reg. No. 15106 Dir or of Finance Dated: 5-•1(,_gi THE LONE OAK TREE...THE SYMBOL • i• - AND GROWTH IN OUR COMMUNITY / Equal Opportunity/Affirmative Action Employer FEASIBILITY REPORT AND COST ESTIMATE WILLBROOK ADDITION • PROJECT 613 SCOPE This project provides for the construction of sanitary sewer, watermain, services, storm sewer, streets and streetlights to serve the single family homes of the Willbrook Addition. This subdivision consists of 16 single family lots on two cul-de-sacs, and along the westerly extension of Cardinal Way. Willbrook Addition abuts Lexington Place South along its north property line, Westbrook First Addition to the east, Lexington Avenue to the west, Williams and LaRue Addition to the southwest and a 4.75 acre single family parcel to the southeast. FEASIBILITY AND RECOMMENDATION This project is feasible from an engineering standpoint and is in compliance with The Master Street Plan, The Comprehensive Sewer Policy Plan, Water Supply and Distribution Plan, Storm Water Management Plan and Water Quality Management Plan for the City of Eagan. The project as outlined herein can best be carried out as one contract or combined with a similar type of project to be constructed at the same time. DISCUSSION The following is a discussion of how utilities, streets and streetlights will be • provided to service the area. The preliminary layout for the streets was provided by the Developer with the preliminary plat submittal. Detailed preliminary cost estimates are included in Appendix A. A. Sanitary Sewer Sanitary sewer to serve the Willbrook Addition will be provided by an existing 8" diameter PVC sewer from the south for Lots 2, 3, 4, 5 & 6, Block 2, and a proposed 8" diameter PVC sanitary sewer connecting to an existing manhole located in the proposed centerline of Cardinal Way. Existing and proposed locations of the sanitary sewer are shown on Figure 2. The 1988 Comprehensive Sewer Policy Plan identified a land use designation of D-1 which is consistent with the 16 single family lots of the proposed Willbrook Addition and, therefore, complies with the City's Sanitary Sewer Comprehensive Policy Plan. All trunk assessments have been previously assessed and paid. The only lateral sanitary sewer assessment obligation will be those associated with improvements under this Project No. 613. • 3c B. Watermain • As a part of this project, it is proposed to construct watermain to serve the Willbrook Addition. The proposed 6" DIP watermain will connect to an existing 6" stub from Project No. 531, in the Lexington Avenue right-of- way and to a 6" stub from Project No. 404 in Cardinal Way. In addition, a 6" lateral main will run north to serve lots in the northerly cul-de- sac. Preliminary and existing watermain locations are shown in Figure No. 2. Watermain for the Willbrook Addition is located in the intermediate level pressure zone and will experience a satisfactory static pressure of approximately 70 psi. Previous trunk water assessments have all been assessed to this property and been paid. The only other lateral water supply related assessment obligations will be those associated with this Project No. 613. C. Services Sanitary sewer and watermain services will be constructed to a point 15 feet beyond the property line with the exception of Lots 1, 3, 4, 5 and 6, Block 2 and Lot 3, Block 1. Sanitary sewer lines shall be .4" diameter P.V.C. and water service lines shall be 1" diameter copper. Lots 3, 4, 5 and 6, Block 2 will have watermain service constructed from the street to a point 15 feet beyond the property line. However, sanitary sewer will be provided in the future from the existing 8" sanitary sewer located within easements near the rear property line for Lots 4, 5, and 6, Block 2 and along the side property line for Lot 3, Block 2. Lot 1, Block 2 will be • serviced by the typical 4" diameter sewer from the street and will be serviced with water by the service currently being used by Lot 2, Block 3. At the time Lot 1, Block 2 requires services Lot 2, Block 2 will connect to the newly provided services from the street. In addition, Lot 3, Block 1 will have a standard sanitary service from the street and a water service from an existing curb stop located along Lexington Avenue. D. Storm Sewer The majority of stormwater runoff from Willbrook Addition is proposed to drain overland to the intersection of Cardinal Way and the Willbrook cul- de-sac to the north. It is proposed to construct 4 catch basins at this intersection and run storm sewer westerly to Lexington Avenue and then - northerly along Lexington Avenue to Pond JP-11. Preliminary locations for the storm sewer system to serve the Willbrook Addition are shown on Figure 3. The design of the storm sewer system to serve this development is based on a 10 year rainfall frequency design storm. The City policy is to use a 10 year frequency to design storm sewers that drain low points in the street. As shown on Figure 4, the proposed storm sewer system will connect to an existing 30" RCP storm sewer line that crosses Lexington Avenue. The 30" storm sewer serves as the outlet pipe for Pond JP-62, Pond JP-62.1, and the wetland in the northwest corner of the Willbrook Addition and has • sufficient capacity to serve this area. The runoff that flows through the 30" storm sewer crossing of Lexington Avenue drains into a wetland on the west side of Lexington Avenue. The outlet for the wetland is through a ditch and pipe system to Pond JP-11 provided for with the upgrade of Lexington Avenue under Project #531 in 1990. Previous assessments to this area for storm sewer include: Storm Sewer Trunk Project 404 The parcels proposed for platting have pending assessments under Project 531, Lexington Avenue upgrade. E. Water Quality The majority of Willbrook Addition drains to Pond JP-11 and approximately 1.5 acres to Pond JP-44. These two ponds are classified as nutrient traps in the City's Water Quality Management Plan and, therefore, only require basic treatment. Since no onsite ponding is feasible, it was recommended that a cash contribution be required from the Developer with the final plat and Development Contract consistent with the City's Water Quality Management Plan. F. Streets Preliminary street layout proposes the westerly extension of Cardinal Way into a cul-de-sac approximately 32 feet from the Lexington Avenue right- of-way and a 270 foot cul-de-sac to the north from Cardinal Way. The •preliminary layout for streets to serve the Willbrook Addition are shown on Figure 4. Street construction is proposed as a 28' wide bituminous street constructed to a 7-ton residential design thickness based on existing soil condition. The proposed street construction shall include aggregate base, bituminous surfacing, concrete curb and gutter and restoration of boulevards. Two driveway openings were constructed off Lexington Avenue when Lexington Avenue was upgraded under City Project No. 531. The southerly driveway opening currently serves Thomas Westbrook's house on Lot 2 of Block 2 of the Willbrook Addition. The northerly driveway opening currently serves the vacant house located on the north half of the Willbrook Addition. Both driveway openings are proposed to be removed and B618 concrete curb and gutter constructed across the driveway openings with this project. G. Streetlighting Streetlighting shall be decorative 100 watt high pressure sodium luminaires. The placement of the three lights shall be in accordance with the City of Eagan's standards for streetlights. • /'..Ee1;L H. Easements/Right-of-Way • The right-of-way for the proposed streets will be dedicated with the Willbrook Addition final plat. Permanent easements for drainage and utility shall be dedicated on the plat of the Willbrook Addition in accordance with the conditions of the Development Contract for the proposed development. I. Cost Estimates Detailed cost estimates are presented in Appendix A located at the back of this report. A summary of these costs is shown below: A. Sanitary Sewer $ 20,000.0.0 B. Watermain 22,000.00 C. Services (Sanitary sewer and watermain) 15,000.00 D. Storm Sewer 30,000.00 E. Streets 43,000.00 F. Streetlights 3.000.00 Total Estimated Project Cost $ 133,000.00 The total estimated project cost is $133,000.00 which includes contingencies and all related overhead. Overhead costs are estimated at 30% and include legal, administration, engineering and bond interest. Assessments • Assessments for improvements under Project 613 are proposed to be levied against the benefitting properties equally on a per lot basis within Willbrook Addition. A preliminary assessment roll is included at the back of the report in Appendix B. The assessments will be spread over a period of 5 years unless otherwise specified by the City Council at the time of public hearing. The interest rate will be based upon the bond sale used to finance these improvements. Assessment Area SW I/• - Section 14 - Unplatted property: - Parcel 043-53 - Platted property: - Westbrook First Addition Lot 7, Block 1 • Revenue The project is proposed to be financed 100% through special assessments to the benefitting property. • 3 ? Item Cost Assessment City Share Revenue • Sanitary Sewer $ 20,000.00 $ 20,000.00 $ -0- Watermain 22,000.00 22,000.00 -0- Services 15,000.00 15,000.00 -0- Storm Sewer 30,000.00 30,000.00 -0- Streets 43,000.00 43,000.00 -0- Streetlights 3,000.00 3,000.00 -0- Total $133,000.00 $133.000.00 $ -0- Project Schedule Present Feasibility Report May 7, 1991 Public Hearing June 4, 1991 Approve Plans & Specifications June 4, 1991 Open Bids/Award Contract July 2, 1991 Completion of Construction November, 1991 Assessment Hearing Fall, 1992 First Payment Due with Taxes May, 1993 • • 3 • APPENDIX A PRELIMINARY COST ESTIMATE WILLBROOK ADDITION PROJECT 613 A. Sanitary Sewer Unit Unit Item Unit Quantity Price Cost 8" PVC SDR 35 L.F. 550 $ 14.00 $ 7,700.00 Sewer In Place 112 + 174 + 226' + 38' - 546' 4' Std. MH Each 4 1000.00 4,000.00 inc. casting Excess Depth for L.F. 16 70.00 1,120.00 MH's over 8' Reconstruct Ex MH L.F. 3 100.00 300.00 Connect to Each 2 500.00 1,000.00 Existing Sanitary MH • with Core Drill 4" x 8" PVC Wyes Each 12 60.00 720.00 Pipe Material Tons 50 5.00 250.00 Stabiliation $15,090.00 + 5% Contingency 710.00 $15,800.00 + 30% Legal, Fiscal, Engineering, & Bond Interest 4.200.00 A. Total Sanitary Sewer $20.000.00 • B. Watermain • Unit Unit Item Unit Quantity rice Cost 6" DIP Watermain L.F. 960 $ 12.00 $ 11,520.00 640 + 10' + 310' 6" GV & Box Each 2 375.00 750.00 Hydrants Each 2 1,050.00 2,100.00 Fittings Lb. 600 1.50 900.00 Remove Plug & Connect Each 2 200.00 400.00 to Existing 6" Stub Subtotal $ 15,670.00 +5% Contingency 730.00 Subtotal $ 16,400.00 +30% Legal, Fiscal, Engineering & Bond Interest 5,600.00 B. Total Watermain $ 22,000.00. C. Services • Unit Unit Item Unit Quantity Price Cost 4" PVC Sanitary Serv. L.F. 655 $ 8.00 $ 5,240.00 4" Cleanout Each 1 100.00 100.00 1" Copper Water Serv. L.F. 720 6.00 4,320.00 1" Corporation & Stop Each 14 20.00 280.00 1" Curb Stop Each 14 75.00 1,050.00 Abandon 1" Water and Each 1 50.00 50.00 Connect New 1" Water to Existing Subtotal $ 11,040.00 5% Contingencies 560.00 Subtotal $ 11,600.00 30% Legal, Fiscal, Engineering & Bond Interest 3.400.00 C. Total Services $ 15,000.00 • 3 (.12 D. Storm Sewer • Unit Unit Item Unit Quantity Price Cost Connect to Ex Storm Each 1 $ 300.00 $ 300.00 MH with Core Drill Remove Bit. Trail S.Y. 80 3.00 240.00 Construct Bit. Trail S.Y. 80 11.00 880.00 with Gravel Base 18" RCP Storm Sewer L.F. 450 23.00 $ 10,350.00 15" RCP Storm Sewer L.F. 70 20.00 1,400.00 12" RCP Storm Sewer L.F. 85 19.00 1,615.00 Std. C.B. & Casting Each 4 800.00 3,200.00 Std. C.B.M.H. & Casting Each 2 1,000.00 2,000.00 Std. M.H. & Casting Each 1 1,000.00 1,000.00 Excess Depth for L.F. 3 70.00 210.00 MH's or CBMH's over 8' Salvage 18" FES Each 1 500.00 500.00 Subtotal $ 21,695.00 5% Contingency 1.305.00 $ 23,000.00 • 30% Legal, Fiscal, Engineering, & Bond Interest 7.000.00 D. Total Storm Sewer $ 30.000.00 E. Streets Unit Unit Item Unit Ouantity Price Cost Remove Concrete C & G L.F. 80 $ 3.00 $ 240.00 Remove Concrete Apron S.Y. 22 6.00 132.00 Saw Cut Bit. Pavement L.F. 30 2.00 60.00 Subgrade Preparation Rd. Sta. 9 100.00 900.00 Class 5 Aggregate Ton 1,060 7.00 7,420.00 Base (100% Crushed Rock 2331 Bituminous Base Ton 340 11.50 3,910.00 2331 Bituminous Ton 18 180.00 3,240.00 Material for Mixture 2341 Bituminous Wear Ton 170 12.50 2,125.00 2341 Bituminous L.F. 10.4 180.00 1,872.00 • Material for Mixture Tack Coat Gal. 160 1.10 176.00 B618 Concrete C & G L.F. 80 12.00 960.00 Mountable Concrete • C & G L.F. 1,855 5.00 9,275.00 Seed, 3" Topsoil, Mulch & Fertilizer Ac. 0.75 1,500.00 1,125.00 Common Excavation C.Y. 150 3.00 450.00 Select Granular Borrow C.Y. 150 6.00 900.00 Subtotal $ 32,785.00 5% Contingency 1.215.00 Subtotal $ 34,0.00.00 30% Legal, Fiscal, Engineering & Bond Interest 9,000.00 E. Total Streets $ 43.000.00 F. Streetlights Unit Unit Item Unit Quantity Price Cost 100 Watt HPS Dec. Streetlight Each 3 750.00 $ 2,250.00 5% Contingency 150.00 Subtotal $ 2,400.00 30% Legal, Fiscal Engineering & Bond Interest 600.00 F. Total Streetlight $ 3,000.00, • • • APPENDIX B • PRELIMINARY ASSESSMENT ROLL WILLBROOK ADDITION PROJECT 613 A. Sanitary Sewer Parcel Cost/Lot Total Assessment Block 1, Lots 1-10 $ 1,250.00 $ 12,500.00 Block 2, Lots 1-6 1,250.00 7.500.00 Total $ 20,000.00 B. Watermain Block 1, Lots 1-10 $ 1,375.00 $ 13,750.00 Block 2 , Lots 1-6 1,375.00 8,250.00 Total $ 22,000.00 C. Services Block 1, Lots 1-10 $ 937.50 $ 9,375.00 • Block 2, Lots 1-6 937.50 5,625.00 Total S 15,000.00 D. Storm Sewer Block 1, Lots 1-10 $ 1,875.00 $ 18,750.00 Block 2, Lots 1-6 1,875.00 11.250,00 Total $ 30,000.00 E. Streets Block 1, Lots 1-10 $ 2,687.50 $ 26,875.00 Block 2, Lots 1-6 2,687.50 16.125.00 Total $ 43.000.00 F. Streetlights Block 1, Lots 1-10 $ 187.50 1,875.00 Block 2, Lots 1-6 187.50 1.125.00 Total S 3.000.00 • 31 • — — — II 11 II H II 11 II II CA 11 II II H H II 11 J W 0 II 0 II 0 II H I -I II CO II II N N O N CC H O. 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I < 10 g 2 H 1 -_3 W ■ PIP .r� I s 1 2 r/ 3 4 5 8 i CiR S t4/\‘‘ I ' I 1 `t BL- t - 2- s_ ' li, --el WILLIAM AV�p ■ - LARUE ADDITION UNPLATTED UNPLATTED 4_ d I -# -o- - . -ID EXISTING SANITARY SEWER Now= BIM MIN -P-0-- - PROPOSED SANITARY SEWER SCALE 1'=200' I t— EXISTING WATERMAIN •W..— PROPOSED WATERMAIN • city f vegan DATE y WILL4ROOK ADDITION F PUBLIC WATERMAIN MID SANITARY SEWER MAY 1991 FIG. NO.2 2 Stine , WORKS PROJECT 513 - DEPARTME Lk-5 .- 1 /- 1 FALCON ° *-o- - 00 Di I O. N 1 LEXIN ON P CE SO TH 1 Z ' --c— ii_N O + IIW Oc 6 • air 44 11111111 1 1 5'.a; 1- -E- - - Mir _� 4 co G -- - - 9 ,- / 4TCs0 ' Ili ,I i - - ---�_ . CARpiNA z ♦ 1 2 � 4 6 \\ z 4*0 J ___rFSOCK2 'ro co A :9' ) , UNPLATTED i' l UNPLATTTED • 1,- ; v im/aii •as is DRAINAGE BOUNDRIES SCALE d--,• EXISTING STORM SEWER f x200' 13-0-- PROPOSED STORM SEWER City of eagan WILLBROOK ADDITION DATE • awn FViPUBLIC STORM s . 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' " ••••••••:":'''''..**"........*.% ::.:::;:;:::::::. ILI •:•:::::::::::*::::•::::-::;::;:;:;:::.:.••.;:h14P0115........::: ::::::::-.::::: :,:;:":::: ......•......... \\ -.I • WILLIAMS AND LARUE ADDITION UNPLATTED UNPLATED ASSESSMENTS PER LOT mow smi 1... SCALE r=200' . . city of eagan 1 WILL111100K ADDITION 1 DATE 411/ 1 --ft - PUBLIC Asssarerrs PIIII LOT BASIS MAY 11 pia5 .. . cir Ill* at: - WORKS L I DEPARTME Lk-Lo Agenda Information Memo June 4, 1991, City Council Meeting • FINAL ASSMT HEARING/JOHNNY CAKE RIDGE ROAD B. Project 524,Final Assessment Hearing (Johnny Cake Ridge Road - Streets & Utilities)-- On April 16, a public hearing was held to present and discuss the final assessments associated with the above-referenced project. At that time, representatives of the only affected property owner (Wilmus Properties) presented objections to the methods and amounts of the final assessments proposed against their property. As a result of those objections, the Council continued the public hearing until May 7 to allow staff an opportunity to meet with the property owner and further discuss those concerns. At the May 7 continued public hearing, staff reported that more time was necessary to further investigate and address their concerns in relationship to City assessment policy and evaluation of the appraised benefits from this project. Subsequently, the Council again continued the public hearing to the June 4 meeting. After further evaluation of the proposed assessments in relationship to the estimated appraised benefit to the property, the final assessment roll has been revised resulting in additional assessments to the affected property owners. Due to this change in the amount of final assessments, renotification is required. In order to meet the notification deadlines of this revision, it is required that this final assessment hearing be again continued until the June 18 meeting. • ACTION TO BE CONSIDERED ON THIS ITEM: To continue the final assessment hearing for Project 524 (Johnny Cake Ridge Road - Streets & Utilities) to June 18, 1991. FINAL ASSMT HEARING/SIBLEY TERMINAL INDUSTRIAL PK C. Project 578,Final Assessment Hearing(Sibley Terminal Industrial Park-Storm Sewer)- -On May 7, the final assessment roll was presented to the City Council with the final assessment public hearing being scheduled for June 4 to formally present the final costs associated with the installation of storm sewer facilities within a portion of the Sibley Terminal Industrial Park. Enclosed on page is a summary tabulation of the final assessment rates in relation to the estimate contained in the feasibility report presented at the public hearing held on December 5, 1989. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. In addition, an informational neighborhood meeting was held on Thursday, May 30, to review the final assessments with the affected property owners. The staff reviewed the project, final assessment roll and related concerns with the two property owners that attended. As of this date, it is uncertain as to whether they will formally pursue their objection at the time of the hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve • the final assessment roll for Project 578, Sibley Terminal Industrial Park- Storm Sewer, and authorize its certification to Dakota County. Li 1 FINAL ASSESSMENT HEARING PROJECT NUMBER: 578 ASSESSMENT HEARING DATE: JUNE 4 , 1991 SUBDIVISION/AREA•. SIBLEY TERMINAL INDUSTRIAL PK. PUBLIC HEARING DATE: ;;k CE MBE R 5. 1980 IMPROVEMENTS INSTALLED AND/OR ASSESSED: • P.R. — Feasibility Report FINAL F.R. FINAL F.R. SANITARY SEWER RATES RATES STORM SEWER RATES RATES ❑Trunk ❑ Trunk ❑ Laterals © Laterals $ 9,099.82/Ac $ 7,829/Ac. ❑ Service ❑ Lat. Benefit/ Trunk ❑ Lat. Benefit/ Trunk WATER STREETS ❑Trunk ❑ Gravel Base ❑Laterals ❑ Surfacing ❑ Service ❑ Res. Equiv. ❑Lat. Benefit/ ❑ Nulti Equiv. Trunk • ❑ C/I Equiv. 0 WAC ❑ Trail SERVICES STREET LIGHTS O Water & San. Sewer ❑ Installation ❑ Energy Charge CONTRACT • OF INTEREST AMOUNT CITY NO. PARCELS TERMS BATE ASSESSED 7INANCED $195,880.00 F.R. -0- 90-08 14 10 Yrs. 8.5 % $223.309.48 -0- COMENTS: • Agenda Information Memo • June 4, 1991 City Council Meeting BUSINESS RESOLUTION/TRANSFER OF TITLE/ROYAL OAK CIRCLE APARTMENT PROJECT A. Resolution Authorizing the Execution of Certain Documents in Connection with the Foreclosure of and Transfer of Title to the Royal Oak Circle Apartment Project—The City Attorney's office has notified us that representatives of the Royal Oak Circle Apartment Project have requested a continuance of this item to the June 18, 1991 Eagan City Council meeting. The letter requesting the continuance is enclosed on page .5-Q . ACTION TO BE CONSIDERED ON THIS ITEM: To continue the item regarding the resolution authorizing the execution of certain documents in connection with the foreclosure of and transfer of title to the Royal Oak Circle Apartments Project to the June 18, 1991 Eagan City Council meeting. • 4ct MAY 30 '91 14:58 HOLrES & GRAVEN P.2 HOLMES& GRAVEN CHARTERED • II CHRISTINE M. CHALE VI Pillsbury amt.ASUm..pona,Mwennw.S2 Attorney at Law iekploe.012)331300 Facia*,(012)337.9310 Direct Dal(612)337.9210 • • May 30, 1991 Mr. Thomas Hedges City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: City of Eagan, Minnesota $12,580,000 Multifamily Housing Mortgage Revenue Bonds (Royal Oak Circle Project), Series 1986 Dear Mr. Hedges: Capital Realty Tax Exempt Fund, the Iender in the above transaction, has requested that the resolution regarding the Royal Oak Circle Project previously continued for the eounell's consideration at the June 4, 1991 City Council meeting be continued again until the June 18, 1991 meeting. Thank you for your assistance in this matter. If you have any questions, please do not hesitate to contact me. Very truly yours, • I f ivae IS • Christine.M. Chats • CMC:tas cc: Mr. Eugene Van Overbeke • • Ms.•7itl Hiramsr • f • 51) I I . i i Agenda Information Memo II! June 4, 1991 City Council Meeting PRELIMINARY PLAT/BURRVIEW POND ADDITION B. Preliminary Plat,Burrview Pond Addition/Sander and Company,Inc.,Consisting of 132 Apartment Units on Approximately 13.7 Previously Zoned R-4 (Multiple Acres) Located Along the South Side of Highway 55 in the NE Quarter of Section 12—At its regular meeting of February 26, 1991, the Advisory Planning Commission considered an application for preliminary plat for the Bun-view Pond Addition referenced above. The item had been previously heard and continued at the October 23, 1990 APC meeting. For additional information with respect to this application, please refer to the Commu ty Development Department staff report whi is enclosed on pages 5 Z.—through c(for your review. Also enclosed on pages (� cthrough(o g is a copy of the Advisory Planning Commission minutes with respect to this item. The APC is recommending approval. At its meeting of March 19, 1991, the City Council considered this application and continued it with direction to legal staff to research questions concerning the zoning of the prope •A copy of the minutes of the March 19 City Council meeting are enclosed on pages (/1 through-7 — or Council's reference. In response to the questions raised by the City Council, enclosed on pages 7.3 through 4, is correspondence from the City Attorney's office relative to the history of the parcel • and tests by which "vested rights" to zoning may be considered. This item was continued from the May 23, 1991 City Council meeting in order to give neighboring property owners the chance to study the enclosed correspondence from the City Attorney's office. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat for Burrview Pond Addition as presented. • S SUBJECT: PRELIMINARY FIAT (BURRVIEW POND ADDITION) APPLICANT: J. GARY SANDER • LOCATION: NE 114 OF SECTION 12 P.I.D. #10-03800-010-03 EXISTING ZONING: R-4 (MULTIPLE RESIDENTIAL) DATE OF PUBLIC HEARING: FEBRUARY 26, 1991 DATE OF REPORT: JANUARY 29, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SLTTI`L&RY: An application has been submitted requesting a Preliminary Plat for the Bun-view Pond Addition consisting of 132 rental apartment units located on 13.7 acres of previously-zoned R-4 (Multiple) property along the south side of Highway 55 north of Chapel Lane. The Land Use Guide Plan designates this area D-III (Mixed Residential) which calls for a density of 6-12 units per acre. The prevailing R-4 zoning allows a density of 12+ units per acre. BACKGROUND: A Preliminary Plat was previously approved for this site on June 7, 1988. The Crystal Ponds Addition proposal had a 15 building configuration with a total of 137 units. This proposal had a site building coverage of 15% and a paved area coverage of 18%, W with a total site hard surface area of 33%. The Final Plat was never obtained. The current Preliminary Plat application was continued by the Advisory Planning Commission at its October 23, 1990 meeting. The applicant requested the continuance after concerns were raised regarding the placement of the building on site and the visual ramifications to nearby single family homes. Since this time, the applicant has redesigned the layout so the impact on adjacent property is reduced. The site in question was Area V of the City's "Multi-family Residential Land Study". In its review of this study area, on April 3, 1990, the City Council recommended consideration of a Comprehensive Land Use Guide Plan Amendment changing the designation of the site to D-II (Mixed Residential, 0-6 units per acre) and a Rezoning to R-3 (Townhouse). However, no public hearing was scheduled to consider this recommendation because the property owner informed staff of his intent to submit a Preliminary Plat application. At its June 4, 1990 meeting, the City Council directed staff to proceed with review of the Preliminary Plat application for this site. • Sa- EXISTING CONDITIONS: The site is bounded by single family homes in the Burrview Acres Addition on the south and Selmark and Harvey Additions on the west. Property • zoned General Business that includes a landscape company abuts the site on the east side. Currently, the site is primarily open grassland except for some scattered deciduous trees that are most abundant along the edge of the pond in the northeast portion of the property. The site slopes from the southwest to the northeast. There is a well on-site that must be abandoned per Dakota County requirements. SITE PLAN: The site plan shows one access to the property and this is in the northwest corner of the property off Highway 55. This access drive serves two separate surface parking areas. The City Code limits building coverage to 20% of the site. This proposal has a building coverage of 8.1% with a paved area coverage of 10.7%; the total hard surfaced area of the lot is 18.8% The density of this proposal is 9.6 units per acre of gross area, while the net density is 11.66 units per acre. This net figure is arrived at by allowing only 10% of the easement area to be used when calculating the density of the proposal. The City Code allows only 10% of any unbuildable area, easements, right-of-way, etc. to be included in a site density calculation. However, the City Code also allows a 300 sq. ft. density credit for each unit served by an underground garage stall. Each unit in this proposal qualifies for this density credit. The 11.66 unit per acre net density meets the R-4 zoning requirement, and the Guide Plan D-III density of 6-12 units per acre. This development will occur in one phase. The proposal provides for 269 parking stalls with 137 of these being underground garage parking. The City Code requires two parking stalls per unit with one of these required to be in an enclosed parking area. The applicant is • providing five more garage parking stalls than required. The site in question lies approximately four miles from the ends of the parallel runways and falls in the fourth policy contour as defined by the Metropolitan Council. The Metropolitan Council has established conditions of noise abatement required of any development project falling in a policy contour. Due to its location in the fourth policy contour, this proposal shall be designed and constructed to achieve an interior sound level of 45 dba, such design to be subject to review by an acoustics specialist chosen by the City. Also, the developer shall ensure that any subsequent owners and managers shall inform prospective residents that the subject property is within an aircraft noise impact area. COMMENTS: The proposed 132 units break down into 42 one and three bedroom units and 48 two bedroom units. The developer is intending to attract a range of tenants including singles, small families, and empty nesters with moderate rental rates. All units will include kitchen appliances and uniform window treatments. Community laundry facilities will also be provided. Access into the building will be controlled by a telephone controlled security system. The building will be protected by an automatic sprinkler system throughout. • Storage space will be provided outside each dwelling unit with bicycle storage provided on the garage level. The building will be served by one elevator, as well as three stair wells, two of which will allow for access to the front and rear of the building. Two trash and recyclable • rooms and two trash chutes will be located with one each on either side of the building. The building will be sided with a maintenance free aluminum or vinyl lap siding (the color has yet to be decided),while the building foundations shall be rock face concrete block. The building side walls are broken by balcony or living room projections that are capped by roof gables. PARKS & RECREATION: The Parks & Recreation staff is recommending the following S to the Advisory Parks & Recreation Commission: 1. The plat will be responsible for a cash parks dedication of$559.00 per unit based on the 1991 rate schedule and for a cash trails dedication of $100 per unit based on the 1991 rate schedule. 2. The proposal is subject to providing 22,200 sq. ft. of recreation area in accordance with the City Code. The developer indicated that a playground, basketball court and trails are included within the site. Park staff agrees with the need for these facilities in consideration of the site's isolation from Bur Oaks Park. Staff will evaluate whether a parks dedication credit should be provided to the developer based on the proposed recreation amenity package. LANDSCAPING: The preliminary landscape plan was reviewed conceptually with the intention that the final plan will be submitted on the grading plan and signed by a registered • landscape architect. The plan was modified after the initial review with the applicant and while the shifting of plant material occurred, staff still feels some additional plant material is necessary along the southern property line to lessen the impact of the different adjacent land uses. This will create more of a physical separation between the two. The wildflower prairie mix proposed in non-irrigated areas will add to the applicant's design goal of restoring the site to more of a native type state. The applicant is also proposing irrigation in the interior areas along all sides of the parking area, approximately 10' from the back of the curb. This will greatly add to the appearance of those areas. Through careful grading procedures, most of the existing tree stands along the east, south, and west portion of the pond can be saved. The applicants have significantly approved the overall landscaping in the project since last fall. • GR4DI\G/DRAINAGEIEROSION CONTROL: This plat provides for the grading of an undeveloped area of the City that is located along the south frontage road of T.H. 55 east • of the intersection with T.H. 149. The existing area of the plat has a maximum differential in elevation of approximately 66'. This site is partially wooded and contains storm water Pond GP-2. Pond GP-2 is a designated ponding area in the City's Comprehensive Storm Water and Water Quality Management Plans. The drainage basin that contributes to the storm sewer that drains the frontage road into Pond GP-2 is estimated to generate approximately 95 c.f.s. during a 5-year rainfall event when fully developed. Based on current conditions and projected development, the 21" storm sewer in the T.H. 55 ditch does not have capacity for additional discharge from the plat. Therefore, it is recommended that the existing storm sewer be enlarged from the point of connection to the normal water level of Pond GP-2. The proposed grading will disturb approximately 8 acres of the 13.7 acres site and will minimize the removal of trees and wooded areas. Efforts should be made by the applicant to protect the trees prior to the start of the grading operation. The grading will not change the existing drainage patterns which direct flow overland to Pond GP-2. Storm water from approximately 4.6 acres of the graded portion of the site will be collected in a storm sewer system that is shown to connect to the existing 21" storm sewer line on the frontage road. The existing 21" line drains into Pond GP-2. Storm water from the remaining graded portion of the site will flow overland to Pond GP-2. • Maximum street grades within the site will be 4.5% and the driveway intersection with the frontage road will meet the City's design standards for grades of 2% or less. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. The City will monitor the site during the grading and building construction, and if sediments erode into Pond GP-2 from the site, the developer will be responsible for removing the sediments. WATER QUALITY: The proposed development will drain to Pond GP-2, which is classified as a nutrient trap in the City's Water Quality Management Plan. The outlet for Pond GP-2 is through a lift station that pumps the water to Pond GP-1, which is an indirect contact waterbody located along Bur Oak Park. Phosphorus is the nutrient that most often causes water quality degradation. Control of phosphorus is therefore the focus of the City's water quality management effort. Analysis using the City's water quality model indicates that the average concentration of phosphorus in run-off from the platted area will increase from 190 parts per billion (ppb) under undeveloped conditions to about 450 ppb after development. A storm water detention pond with a surface area of about .3 acres and a wet volume of .7 acre-feet would be sufficient to bring phosphorus concentrations in stormwater runoff from the site down to predevelopment levels (190 ppb) consistent with City policy. City staff measured the depths of Pond GP-2 to compute the existing storage volume that is available. The maximum depth was 5 feet, the area of the pond at the NWL of 804.3 is 2.55 acres and the current wet storage volume is 6.68 acre feet. The wet storage volume provided by this pond exceeds the required volume of 0.7 acre feet that this development's runoff would require. In lieu of on-site treatment, staff recommends that the City accept a pond easement from the developer for Pond p GP-2. With some modifications, this Po nd could be used to treat run-off from the site to protect water quality of ponds lower in the basin. In order to provide the additional treatment, however, modification of the pond will be needed to increase wet storage volume and/or change the depth from which the lift station outlet draws water. UTILITIES: Sanitary sewer of sufficient size, capacity and depth is available within the frontage road and is proposed to be extended for service within the plat. One clean-out will be necessary at the property line due to the service length in excess of 100'. Water main pressures and flows to the site were investigated. It was determined that the e)dsting 6" water main located within the frontage road is of sufficient size, pressure and capacity■ to serve the domestic usage needs of the proposed apartment building. It also appears that the water main will adequately serve the proposed sprinkler system for fire protection of the building. This is subject to the specific requirements of the sprinkler • system that is installed. If a sprinkler system is not used, adequate pressure and capacity for fire protection will not be available to the building. Staff recommends that additional hydrants be added for fire protection to the east end of the proposed emergency vehicle access roads. The preliminary site plan shows an access road on the north end of the building and another access road on the south end of the building. The two additional hydrants will improve fire protection to the east side of the building. STREETS'ACCESS!CIRCULATION/PARKING LOT: Access to the plat will be from the T.H. 55 frontage road. MNDoT has reviewed the preliminary plat and made recommendations concerning the access. The entrance to the plat should be 32'wide with a 20' radius. The proposed location of the entrance allows reasonable distance between the frontage road and driveway to facilitate turning movements and reduce potential backups on the frontage road. All streets within the plat are proposed to be privately owned and maintained. Due to the condition of the existing frontage road, which is owned by MNDoT but maintained by the City. staff recommends that the portion of the frontage road that abuts the plat be upgraded to current City standards with streetlights, storm sewer and concrete curb and • gutter. In addition, City staff recommends the parking lot comply with current City standards, including concrete curb and gutter with storm sewer catch basins to be located within the gutters. In order to provide additional fire protection, the applicant proposes • a 20' wide emergency access allowing access to the rear of the building. STREETLIGHTING: It was determined that the City of Eagan will require a 250 watt high pressure sodium intersection street light at the intersection of Hwy. 55 and the frontage road. The City of Eagan will require a 100 watt high pressure sodium ornamental residential type street light at the intersection of the frontage road and the driveway entrance to this development. This development is located in NSP's service area. EASEMENTS/RIGHT-OF-WAY PERMITS: The frontage road upgrading will require the developer to dedicate additional right-of-way. The final configuration of the frontage road upgrading will determine the amount of extra right-of-way required. The city will require a boulevard of 10 feet south of the new curb of the frontage road that will be located in the dedicated right-of-way. No right-of-way for internal streets will be dedicated as a part of this plat since all streets v.ill be privately owned. All easements of sufficient width based on depth of utilities will be dedicated as a part the plat. In addition, drainage and utility easements for Pond GP-2 will be dedicated as a part of the plat. The development will be responsible for ensuring that all regulatory agency permits (MPCA. MN Dept of Health, MWCC, MNDoT, Corps of Engineers, Dakota County • Highway Department. ;.) are obtained prior to final plat. FINANCIAL OBLIGATION - Burrview Pond Addition Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount None -0- There are presently no pending assessments on this property. • • s BURRS IE\;' POND ADDITION CONDmONS: 1. These standard conditions of plat approval as adopted by Council action on July. 10, 1990 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C4, C5, D1, El, Fl, H1 2. Trash and recycling containers shall be stored inside the building. 3. An underground irrigation system shall be provided per preliminary landscape plans. 4. Developer shall submit interior sound level design to be reviewed at the developer's expense by an acoustics specialist chosen by the City prior to Final Flat. 5. The developer shall ensure that any subsequent owners and managers shall inform prospective residents that the subject property is within an aircraft noise impact area which may be considered excessive to some people. 6. The on-site well shall be abandoned per County regulations. 7. All signage shall meet Sign Code regulations and be responsible for the one-time sign fee of $2.50 per sq. ft. 8. One indoor parking stall shall be included with the rent. • 9. Snow fencing shall be installed around all trees to be saved prior to issuance of g P grading permit. 10. The development is required to upgrade the existing frontage road adjacent to the site in accordance with MNDoT requirements and City Standards. 11. City Code requires internal entrance roadways be a minimum 30' back-of-curb to back-of-curb. 12. The development is required to submit details relative to sprinkler system specifications for review by staff to ensure adequate fire protection. 13. Additional hydrants shall be added along the emergency vehicle access roads for improved fire protection. 14. The final plat shall dedicate a drainage and utility easement over Pond GP-2 up to the HWL of the pond. 15. The storm sewer line on the frontage road shall be upgraded to current City Aik Standards from the NWL of Pond GP-2 to the west plat line. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1 . This development shall accept its additional financial obligations as defined in the staff 's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval . B. Easements and Richts-of-ll4y 1 . This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding , and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-cf-way as necessary to service this development or accommodate it. 2 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume re.;Jirements. C. Flans and Specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2 . A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3 . This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. • 5 STA':DA_kD CONDITIONS OF PLAT APPROVAL RASE TWO 4 . A detailed landscape plan shall be submitted on till proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5 . All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. Public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval . E . Permits 1 . This development shall be responsible for the acquisition cf all regulatory agency permits in the time frame required by the affected agency. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks anill Recreation Commission and approved by Council action. G . water Ovality Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City 's Water Quality Management Plan. E. Other 1 . All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 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Olitli —It -`-4`; j (.....i ‘ •.opi. 411,11110,0v 72 .v/ .z ligh-frillilkV----.{..,_- -411: ....1.L.17 .4. ...A/17% .. . • f) i Fr7t '11W • i ki 0 ED3 1 (03 , t li,i : iv, Iflili:I I I I I !I Milil _- I 0 III 1 lt! fl ;= B 6 it I it I II ii '= e e SEE e I: CC 4- CC = B B � CC 413 ■ �= i0 ■ le 0 I � C i= ie a It .,6 6 ,e e , gm;: CE £L E i -6 6 : CE 1= e = 8 B '_ B6 ,8B e e L. iii 0 ' .e e 14 4 1 li 11 : E E . . = EC = - I= '13 a : E 1= ,9 a • _ _ i , 17CC h,1 E. E. - ,' ilk t . E i IE. III .■ ■ 4101111 e ■ ,,]■ ■ l =�i II= : .__ , .s rt-_ !Et: _1 - 0 . ':,,, c/,' K.11 II 41.1,,1 I I I I I 1 I 410 Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 12. Retaining wall plans shall be submitted before approval of final plat. All voted in favor except Voracek and Gorman who opposed. BMARVIEW POND ADDITION - SANDER & COMPANY, INC. Chairman Graves opened the next public hearing regarding a Preliminary Plat consisting of 132 apartment units on approximately 13 . 7 previously-zoned R-4 (Multiple) acres located along the south side of Highway 55 in the NE 1/4 of Section 12 . City Planner Jim Sturm presented a brief summary of the application and an overview of the staff report. He stated that additional landscaping would need to be done on this project. He also informed the commissions members that there was a neighborhood meeting on February 20, 1991, and some of the concerns raised were the density of the project and the access road to Highway 55. John Bell, a representative for the developer, presented the commission members with the redone Preliminary Plat. He informed them 0 that since October, 1990, major changes had been made. They pushed the apartment complex as far away as possible from the homes in the area. Mr. Bell presented graphic pictorials of sight lines. Chairman Graves thanked Mr. Bell for listening to the commission members recommendations and thought that this new plan was a much better one. Chuck Ahlberg of 565 Chapel Lane communicated to the commission members that his home was only 71 feet away from the corner of his lot to the corner of the proposed apartment building. He suggested the south end of the building be turned so that it faced east not south. He also suggested relocating the basketball courts and erecting a berm across every backyard. He also thought the zoning was inappropriate. David Mann of 624 Sally Circle stated that he had concerns about child safety and that this apartment would decrease the value of his home. He also felt the access road was not wide enough. Mr. Mann addressed the high density issue. Sharon Mann of 624 Sally Circle felt frustrated by the City of Eagan. She would like to see this area rezoned and was worried about who would have to pay to have the access road widen. 111:11 Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 Jerry Groth of 642 Rita Court informed the commission members that it was very difficult to make a left-hand turn onto Highway 55 and the traffic is only going to get worse. Don Tietjen of 555 Chapel Lane suggested erecting a fence behind all the neighbors backyards. That possibly could stop children from walking through their yards to get to the playground at the apartment building. Kathy Persell of 3289 Random Road replied that a fence would probably not work because children will just climb over it and wreck the fence. She too raised the issue of the access road and Highway 55. Joe Boche of 611 Sally Circle had concerns about the pond behind the apartment building. It is a mess and was wondering if it was going to be cleaned up. He would like the commission members to take a look at the pond. He was concerned about the access road. Jack Truesdale of 3315 Highway 55 stated his concern about the access road. He informed commission members that if they widen the roads it would mean taking property away from home owners and it would certainly end up in litigation. Vern Shaft of 520 Chapel Lane voiced his concerns regarding the maintenance of the apartment building. A landowner at 603 Chapel Lane suggested that a stop sign be placed at the intersection of Chapel Lane and Random Road. A landowner at 3295 Highway 55 mentioned the access road problem. Mr. Bell attempted to answer some of the neighbors concerns. He stated that they can not bend the building to the east because of grade contour lines. He would be willing to build a fence in every backyard if the value could be used as a park dedication. He has no problem with adding more berming. He estimates there will be excess material and it can all be used for berming. They will be cleaning up the pond area. Chairman Graves informed the neighbors that they can not rezone, it is a moot point. Assistant City Engineer Mike Foertsch stated that the access road was owned by MMDoT. He wanted to inform the neighbors that even if the apartment building was built they could still go to the Eagan 411 A (! � 062 rn • Page 9/EAGAN ADVISE' :„ PLANNING COMMISSION MINUTES FEBRUARY 26, 1991 City Council regarding their problems with the access road. Likewise, the residents could petition the City Council for the installation of stop signs and street lights. Member Voracek examined the area and did notice a major problem with the traffic on Highway 55 and the severe rise west of the access road. Assistant City Engineer Mike Foertsch told him that MNDoT would have to handle that. A discussion took place regarding the above problems and concerns. Membc .- Merkley raised the issue of water quality in the pond. Assistant City Engineer Mike Foertsch stated the water quality would be fine. Member Voracek recommended adding a condition regarding the sight distances on Highway 55 from the access road. Assistant City Engineer Mike Foertsch stated that this could be added to condition 10. Member Merkley recommended adding condition 16 regarding that the parking lot must conform to city standards. Miller moved, Voracek seconded, motion to approve the Preliminary Plat for the Burrview Pond Addition consisting of 132 rental apartment units located on 13.7 acres of previously-zoned R-4 property along the south side of Highway 55 north of Chapel Lane, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, Bi, B2, B3 , B4, Cl, C2, C4, C5, Dl, El, F1, H1 2. Trash and recycling containers shall be stored inside the building. 3. An underground irrigation system shall be provided per preliminary landscape plans. 4 . Developer shall submit interior sound level design to be reviewed at the developer's expense by an accoustics specialist chosen by the City prior to Final Plat. 5. The developer shall ensure that any subsequent owners and managers shall inform prospective residents that the subject property is within an aircraft noise impact area which may be considered excessive to some people. 6) 7 Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES • FEBRUARY 26, 1991 6. The on-site well shall be abandoned per County regulations. 7. All signage shall meet Sign Code regulations and be responsible for the one-time sign fee of $2.50 per sq. ft. 8. One indoor parking stall shall be included with the rent. 9. Snow fencing shall be installed around all trees to be saved prior to issuance of grading permit. 10. The development is required to upgrade the existing frontage road adjacent to the site in accordance with MNDoT requirements and City Standards, and to comply with staff recommendations regarding the sight distances on Highway 55 from the access road. 11. City Code requires internal entrance roadways to be a minimum 30' back-of-curb to back-of-curb. 12 . The development is required to submit details relative to sprinkler system specifications for review by staff to ensure adequate fire protection. 13 . Additional hydrants shall be added along the emergency vehicle access roads for improved fire protection. 14 . The final plat shall dedicate a drainage and utility easement over Pond GP-2 up the HWL of the pond. 15. The storm sewer line on the frontage road shall be upgraded to current City Standards from the NWL of Pond GP-2 to the west plat line. 16. Parking lot shall conform to City Standards. All voted in favor excepted Gorman who abstained. CONDITIONAL USE PERMIT - H.L. JOHNSON INVESTMENT CO. , INC. Chairman Graves opened the next public hearing for the evening regarding a conditional use permit to allow outdoor storage in a LI district and a special permit for a fence in excess of 6 feet tall on Lot 1, Block 1, R.L. Johnson 2nd Addition located along Yankee Doodle Road and Yankee Doodle Drive in the SE 1/4 of Section 8 and NE 1.4 of Section 17 . 6g Page 8/EAGAN CITY COUNCIL MINUTES IPMarch 19, 1991 5. Additional landscape screening along the west cul-de-sac to shield headlight glare on users of Lexington Avenue shall be provided. 6. The well and septic system shall be properly abandoned. 7. The storm sewer system located in the east ditch line of Lexington Avenue will be connected to the existing storm sewer located approximately 200 feet north of Cardinal Way. 8. The two existing one inch copper water services will be disconnected at the existing six inch main. The existing house located on Lot 2, Block 2, will get its water service from Cardinal Way and Lot 3, Block 1, will also get its water service from Cardinal Way. 9. An emergency overland drainage route is required between Lots 3 and 4, Block 2. 10. Additional drainage easement will be required for the south end of Block 2 to the HWL of 895.7 and for the ponding area along the north line of Block 1. 11. All lots are required to hook up to City sewer and water. 12. Retaining wall plans shall be submitted before approval of final plat. Aye: 4 Nay: 0 PRELIMINARY PLAT/BURRVIEW POND ADDITION Mayor Egan introduced this item as a preliminary plat, Burrview Pond Addition, Sander & Co., Inc., consisting of 132 apartment units on approximately 13.7 previously zoned R-4(Multiple)acres located along the south side of Highway 55 in the northeast quarter of Section 12. City Administrator Hedges said the item had been considered by the Advisory Planning Commission at their February 26, 1991 meeting and they were recommending approval. Director of Community Development Runkle said this item had been before the City Council before. He said the parcel was originally part of the R-4 multi-family residential study but was removed in order to negotiate a use more appropriate for this property. He said the applicant then started the process to submit a revised plan and the proposed plat went to the Advisory Planning Commission for review. Mr. Runkle said because of concerns expressed at the APC meeting, the applicant had addressed as many areas as possible. In addition, he said the applicant had attempted to retain as many of the natural amenities on the site as possible. Mr. Runkle said a neighborhood meeting was held on February 20 and a public hearing held at the Advisory Planning Commission meeting on February 26. He said Mr.John Bell,representing the applicant,was present to answer any questions. Mr.Dwight Larson,of 3225 Random Road,said that building this complex would double the population of the area. In addition,he said that such a population increase would require that the street frontage road be upgraded and asked who would pay for the upgrade. He said any upgrade would benefit only one property owner. Mr. Larson then discussed the need for a fence between the apartment building and the single-family homes and expressed his concerns about the higher terrain of the parking lot and the accompanying bright lights. He said even though the property is zoned R-4,he did not believe it practical for an apartment building to be located in an area where the only service nearby is a convenience store. Mr. Chuck Ahlberg, 565 Chapel Lane, said his property had been identified as the most negatively affected by this project. He said this property was not suitable ` ° an R-4 development and yet the developer (C29 1 Page 9/EAGAN CITY COUNCIL MINUTES March 19, 1991 had planned the maximum density for the area. Mr.Ahlberg said that the building is 600 feet long and the only access to the property is off Highway 55. Mr.Ahlberg suggested that a practical solution may be to eliminate the back 8 units or shift the last 8 units straight east. He said he presumed it would cost more to either eliminate them or shift them,however,he did not think the City Council was here to guarantee a profit for the developer. In addition,he suggested the elimination of the wood face construction and that lap siding,block or masonry be substituted. Mr. Ahlberg said that a fence would be mandatory to rninimi7P the liability and to protect their properties. Lastly, he asked how many and at what density trees would be planted to screen the development from the single-family homes. Mr. Jerry Groth,642 Rita Court, said he had met with a representative of MnDOT who indicated the frontage road is narrower than it should be for the amount of traffic anticipated. Mr.Groth also suggested the City Council ask the developer to put money in escrow for a semifore which will soon be needed. Mr. Groth agreed that a fence was necessary. Mr. Jack Truesdale, 3315 Highway 55, asked whether the utilities, water and sewer would have to be upgraded if this project were approved and who would pay for it. Mr. Truesdale said if the service road were widened, part of the property necessary to widen the road would have to come from his front yard and would devalue his property. Mr. Truesdale said he has had enough taxes and assessments and there is a limit to how much one can take. Mr.Kevin Schaaf,646 Rita Court,said that property values in the area were going down because of what had been done in the past,especially the Dodd Hill Townhouses. Mr.Schaaf said traffic in the area is very heavy and the City Council should look at the safety issues. Ms. Sharon Manninen, 624 Sally Circle, said she too had asked an engineer from MnDOT to look at II the area. He had indicated to her that stoplights are installed on a 'warrant"basis. She said she realized that another stoplight on Highway 55 would be difficult,however,she asked that the City Council require the builder to put in stoplights and turn lanes. Ms. Manninen said that with the traffic they have now, it is very difficult to get across. Mr. Don Chapdelaine, 575 Chapel Lane, said his property was the second most affected by the apartment building. He said berming,trees,and screening would be very important in mitigating the impact on property values; however, indicated his preference for a lower density development. Ms.Cathy Bahrke,618 Sally Circle,said she was totally opposed to the development but if it were built, a fence should separate the apartment complex from the single-family homes. She said the Dodd Hill Townhomes were the slums of Eagan and because of them,the airport noise,and now this development,future sales in their neighborhood would be adversely affected. In addition,Ms.Bahrke said that because the property was removed from the R-4 multi-family residential study, the neighbors never had an opportunity for a public hearing on the R-4 zoning. She asked that the City Council deny the preliminary plat. Mr.Bob Treichel, of 3275 Random Road,said when the Dodd Hill Townhouses were built,there was to be a buffer between them and the single family homes. However,he said once they were built,there was only 20 feet between the back door of his home and the back door of one of the townhomes. Mr. Treichel said it is not fair that more multiple is to be built in their area. He said the development is too dense and the computer graphics do not accurately represent what will be built. Ms. Cindy Klotzbach, of 603 Chapel Lane, said she was concerned about safety as the increased population could indicate the potential for 6 to 10 school buses coming in and out of the area. She also expressed concerns regarding access. • Page 10/EAGAN CITY COUNCIL MINUTES March 19, 1991 Ms.Cathy Brazeau,of 3239 Random Road,said she had major concerns regarding the extra traffic,the narrow road, and accompanying safety problems. Mr. David Manninen,624 Sally Circle,said all houses in the neighborhood are a minimum of 30 feet from the street and there would be no room for a wider street. In addition,Mr.Manninen said whatever costs are incurred, he did not want to pay for them and the developer had better"foot the bill." He went on to say if the development must occur, it should be a quality project with less density. Mr. Bill Baumann, of 3245 Highway 55, said he had lived on the service road for 23 years. Mr. Baumann said that in winter, the service road corner is impossible and because there are no sidewalks, in the summertime everyone walks in the street. Because of the additional traffic, he had concerns about safety. Ms. Gail Ahlberg, 565 Chapel Lane,said the property owner and the developer want to make a profit by building the apartments. Ms.Ahlberg said the homeowners in the area also want to make a profit when it's time to sell their homes. She said because of the increased density,the value of their property would decrease. The Mayor then closed this item to public testimony. He asked Community Development Director Runkle whether the siding on the apartment building met the City standard of brick or better. Mr.Runkle said the ordinance calls for maintenance-free or non-combustible materials on 60 percent of the building and what was proposed would meet the ordinance. The Council turned its attention to the question of the zoning for this property and whether it was an appropriate land use. Councilmember Gustafson said the City Council had attempted to reduce the amount of R-4 zoned property in the City, but were unsuccessful on some occasions because the law would not permit a reduction. He asked the City Attorney whether this site was one that could not be changed. City Attorney Sheldon said his office had not performed a formal study on this property but had on a number of other R-4 properties and of those properties, some were rezoned and some are still pending. However, on a number of the properties, they had advised the City Council that because of the nature of the development rights in the property,any attempt to rezone the property would subject the City to liability for that rezoning and would create a "taking" of the property. He said the issue arises when a developer has perfected development plans to the point where they have a vested interest in the property and have met a'fact and circumstances"test. It was pointed out that this property was removed from the R-4 multiple family residential study because the developer had a plan to submit to the City Council. Mayor Egan said the City was led to believe the plan was to be a superior product yet the number of units per acre was at the high end of the R-4 zoning. Councilmember Pawlenty added, however,that even if the development came in at a D-III or a D-II,many of the issues and problems would still remain. Councilmember Gustafson said that staff bad indicated the frontage road should be upgraded thereby placing the road 10 feet closer to the homeowners. He asked the City Attorney if the zoning was acceptable, whether the City was required to widen the frontage road. He also asked if the City did not wish to widen the road with a 20 foot setback, whether the project could be denied. Mr. Sheldon said the first issue would be where the right-of-way would come from. He said the Planning Report had indicated it would come from the developer rather than the adjoining property owners. He said assuming additional right-of-way was still necessary, it would become a public improvement issue. Mr. Sheldon said a feasibility report would be performed and an analyses, including the feasibility and the %wring sources, would address the issues. The question was asked if the road was upgraded, how much would have to be upgraded and how it would be financed? Director of Public Works Colbert said upgrading the frontage road was not being considered at the • present time. However, if it were, how much would be upgraded and how much it would cost would depend upon the scope of the project. He said if the upgrade were confined,it would be reasonable to assume that the cost would be borne by the developer. He said if the upgrade extended to the west, it is City policy that Page 11/EAGAN CITY COUNCIL MINUTES March 19, 1991 adjoining property owners pay for the improvements. In addition,he added that because there is only private property on the south side of the roadway, MnDot would not finance their share of the frontage road and significant participation by the City as well as the adjacent property owners could be anticipated A question then was asked about upgrading uti ities. Director of Public Works Colbert said a review of the system had indicated it could provide utilities without major modification. Before proceeding any further, it was determined that an opinion as to the City's legal options would be appropriate. Pawlenty moved,Wachter seconded a motion to continue indefinitely the preliminary plat for Burrview Pond Addition and that the legal staff be directed to research the legal options to rezone this property and historically analyze why it was removed from the R-4 multi-family residential study. Aye: 4 Nay. 0 APSIMRSIVENPENTA FINAL PLAT/CLIFF LABE CENTRE 2ND ADDITION Gustafson moved, Wachter seconded a motion to approve the final plat for Cliff Lake Centre 2nd Addition. Aye: 4 Nay 0 EAGAN POLICY FOR ENGAGING PROFESSIONAL CONSULTING SERVICES Gustafson moved,Wachter seconded a motion to approve an amendment to the City's purchasing policy ip for engaging professional consulting services. Aye: 4 Nay 0 MEDICARE COVERAGE/COUNCILMEMBER WACHTER Before this item was discussed,Councilmember Wachter announced that he would abstain from voting on this issue. The Councilmember was not present during discussion. City Administrator Hedges said that Councilmember Wachter was now eligible for Medicare coverage and supplemental benefits and had asked that the City consider removing him from the health benefit rolls and placing him in the supplemental coverage for Medicare. Mr. Hedges said that the employer is not allowed to offer the employee Medicare supplemental coverage if health insurance coverage is rejected by the employee, however,it could be offered for reimbursement each month. Mr.Hedges pointed out that the City Council in deciding would have to look at any precedent that would be set but noted that the amount of the payment would be less than health benefits coverage for Councilmember Wachter. Mr. Hedges said such action would only apply to employees over the age of 65. Gustafson moved,Pawlenty seconded a motion to approve reimbursing Councilmember Wachter for his social security deductions for Medicare supplemental coverage noting that such action is intended for those persons eligible for Medicare and has resulted in a cost savings to the My. Aye: 3 Nay: 0 (Abstain: Wachter) SERGEANTS BARGAINING AGREEMENT This item was discussed in executive session at the close of the meeting. SEVERSON,WILCOX& SHELDON, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW LARRY S.SEVERSON* JAMES F.SHELDON KENNETH R HALL J. PATRICK WILCOX' 600 MIDWAY NATIONAL BANK BUILDING "'SCOTT D.M.SOLF ON MICHAEL G. DOUGHERTY 7300 WEST 147TH STREET LOREN M. OLFEST MICHAEL E. MOLENDA" APPLE VALLEY, MINNESOTA 55124 CHRISTINE M. SCOTILLO T (612) 43'2-3136 ANNETTE M. MARGARI DANIEL M. SHERIDAN TELEFAX NUMBER 4323780 SHARON K HILLS *ALSO LICENSED IN IOWA **ALSO LICENSED IN WISCONSIN OF COUNSEL ...ALSO LICENSED IN NEBRASKA JOHN E.VUKELICH April 18, 1991 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 RE: Area V of the Multi Family Residential Land Study (Proposed Burr View Pond Addition) Our File No. 206-8634 Dear Mr. Hedges: At the request of the Eagan City Council on March 19, 1991, our offices conducted a research into the legal issues of rezoning the above-noted property and analyzed why such property was deleted from the Multi Family Residential Study. FACTS Area V is a site of approximately 13 acres on the south side of Highway 55 which is designated D-III under the Comprehensive Guide Land Use Plan and is presently zoned R-4. In 1987, the Comp Guide Plan had been revised for this parcel changing the designation from D-I to D-III. At its regular scheduled meeting of June 7, 1988, the City Council approved the preliminary plat for Crystal Ponds Addition which consisted of 137 rental units contained in fifteen buildings on the site. On March 28, 1989, at a workshop, the City Council discussed the undeveloped land in Eagan currently designated for Multi Family Residential use. The Council directed the Community Development department to conduct a study to review the appropriateness of R-3/D-III and R-4/D-IV designations for undeveloped land. In July of 1989, the first report of the Multi Family Residential Land Study was prepared and made available for review by the City Council. This draft was presented to the City Council at a workshop meeting on - 4111 '73 Mr. Thomas Hedges III April 18, 1991 Page Two September 12, 1989. The Council reviewed the development options for each of the study areas contained in the report and requested further background information on certain areas. In December of 1989, the Community Development department prepared an update to the Multi Family Residential Land Study in which they included, for the first time, Study Area V for review and comment by the City Council. Study Area V was added to the update due to the expiration of the preliminary plat in June of 1989, without any action having been taken by the developer. The owner was then duly notified of the fact that the City Council would be reviewing the appropriateness of the land use and zoning designations. In March of 1990, a further update of the Multi Family Residential Land Study was prepared by the Community Development department, which update provided documentation of the comments received from the property owners regarding the City Council's recommendations for Comp Guide amendments and/or rezonings. Within that report were three letters from Ronald A. Zamansky, the attorney representing the owner of the property, objecting to any rezoning. On April 3, 1990, the City Council recommended consideration of a Comprehensive Land Use Guide Plan amendment changing the designation of Study Area V to D-II (Mixed Residential, 0-6 units per acre) and a rezoning to R-3 (Townhouse) . At a work session of the City Council on June 4, 1990, Mr. Zamansky and the property owner appeared before the Council expressing their desire to bring forth another proposal to the City Council that would be more harmonious to the existing conditions of the site and which would save significantly more trees than the original Crystal Ponds application. Mr. Zamansky argued that while he felt he was entitled to a greater number of units than was originally shown in the Crystal Ponds Addition, the developer would not exceed the same number of units. The City Council then directed staff to process a preliminary plat application on behalf of the owner upon its submission. Burr View Pond Addition was submitted for review by the Advisory Planning Commission at its October 23, 1990 public hearing. The preliminary plat consisted of 132 rental apartment units in one long building. The hearing on the preliminary plat was continued at the request of the developer due to the concerns raised -by the Commissionmembers. On February 26, 1991, the Advisory Planning Commission recommenced the public hearing and approved the plat for Burr View Ponds. Thereafter, at its regular scheduled meeting of March 19, 1991, the City Council considered the preliminary plat and raised questions concerning the zoning of the property. • F Mr. Thomas Hedges April 18, 1991 Page Three ANALYSIS Our analysis of a rezoning issue starts with the principle that a landowner has no "vested right" in the zoning accorded his property, unless certain circumstances are present to demonstrate that such a right has in fact arisen by way of investment backed expectations. If the City Council's rezoning of a parcel were to interfere with a distinct investment backed expectation of the owner, a taking may occur resulting in compensation to the property owner. As noted in other opinions, we have suggested that investment backed expectation must be found to be real and significant before holding a City subject to damages. In the actions involving the Burr View Pond property, the applicant did originally propose a 137 apartment unit complex (R-4) which was approved by the Eagan Council. His investment backed expectations, however, are mitigated by (a) the time duration involved since the preliminary plat approval and the fact that it was a preliminary plat and not a final plat approval. The law grants certain protection to a • developer for a period of one year following a preliminary plat approval. During this one year period the City cannot affect the plat by subsequent changes to its ordinances, (e.g. rezoning, change density, etc. ) . In this matter, after June 7, 1989, I do not believe the owner/developer has a substantially backed investment expectation as a result of Crystal Ponds application. Likewise, the Burr View Pond application was commenced after due notice was given to the owner/developer of the City's serious intention to hold public hearings regarding the appropriateness of the zoning. It would be difficult for the applicant to argue that he has distinct expectations in the face of the City's process of implementing a study prior to the submittal of the owner's plans. Despite the above, however, a greater area of concern which needs to be addressed, is the allocation and levying of special assessments against this property. Our review of special assessments certified against the Burr View Pond parcel indicates that the developer has been assessed and is paying charges for four public projects. Each of these assessments have been calculated using multi-family rates. A multi family rate is the same for either R-3 or R-4 property, but is a rate significantly higher than single family rates. 'Thus, the owner has a strong position that in fact over the years through the payment of the special assessments, levied by the City, that he has acquired significant investment backed expectations for a multi-family zoning 0 classification (R-3 or R-4) . --7 (( / Mr. Thomas Hedges III April 18, 1991 Page Four It is our opinion then, that while the City may appropriately weigh and decide the merits of R-4 versus an R-3 classification without exposing themselves to substantial damages, a rezoning from R-4 to R-1 carries significant risks as an interference with investment backed expectations. If you have any questions or concerns regarding our analysis or have other concerns relative to the disposition of this property, please give me a call. Sincerely, SEVERSO LCOX & SHELDON, P.A. IP • chael . Do-gberty MGD/djk �l cc: Mr. Dale Runkle, Community Development Director 410 Ms. Kristy Marnin, Planner I Mr. James F. Sheldon, City mes F. Shjx:19 F t C '"--- ,.,!4- , „, ,,,_ L....b.._ , ,4,,„„. ,... ....,, Agenda Information Memo • June 4, 1991 City Council Meeting ORDINANCE AMEND I NT/TOBACCO PRODUCTS C. Ordinance Amendment, City of Eagan,Amending Eagan City Code Chapter 6,Entitled "Other Business Regulations and Licensing" by Amending Section 6.34 Regarding Tobacco Products; and by Adopting by Reference Eagan City Code Chapter 1 and Section 6.99—At the request of the City Council an ordinance was prepared that makes the sale of tobacco products unlawful if they are sold or dispensed through the use of a vending machine or offered for sale by the means of self service merchandising. Also at the request of the City Council, all current cigarette license holders were notified of the item on the City Council agenda and many are planning to be in attendance. Enclosed on pages 7 through ( for City Council review is a copy of the or 'nance as prepared by the City Clerk and City Attorney's office. Also enclosed on page Y2,is a list of cigarette license holders. This item was continued from the May 7, 1991 City Council meeting at the request of attorneys representing the Minnesota Grocers Association and the Tobacco Institute. For the Council's information, there is a great deal of interest in this ordinance amendment. Representatives of the Tobacco Institute, Minnesota Grocers Association,vending machine owners, affected business owners, the Association for Non-Smokers (ANSR) and interested residents plan to be at the meeting. Cigarette licenses are in effect through June 30. If a decision on the ordinance amendment is not reached in June, the Council should exte d the current nse period. For the Council's further information,enclosed on pages IPA through yis a copy of a brochure produced by the White Bear Lake Tobacco Awareness Program which is a cooperative venture of the White Bear Lake area community counseling center, the White Bear Lake police department and the White Bear Lake Schools. With the assistance of the city of White Bear Lake, the University of Minnesota's School of Public Health, the White Bear Lake parent network and the White Bear Lake tobacco free youth project. Also enclosed for the Council's information under separate cover is a copy of a large brochure concerning the "It's the Law" program sponsored by the Minnesota Grocers Association along with a letter from a law firm representing them. • Also enclosed for Council's information on pages J,through are copies of letters_2/received in opposition to over-the-counter sales restrictions from Northern Dakota County Chambers of Commerce,James R.O'Neil,Zone Manager for the Eagan SuperAmericas and Teresa Swanson, Manager of a SuperAmerica store. The letter from the Chamber also requests that the Council separate the issues into two separate issues: the vending machine issue and the over-the-counter sale issue. Agenda Information Memo June 4, 1991 City Council Meeting ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ordinance that amends Section 6.34 regarding tobacco products and by adopting by reference Eagan City Code Chapter 1 and Section 6.99. i 411 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATIONS AND LICENSING" BY AMENDING SECTION 6.34 REGARDING TOBACCO; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 6 is hereby amended by changing Sec. 6. 34 to read as follows: Subd. 1. For purpose of this ordinance, the following words and phrases shall have the meanings respectively ascribed to them in this section: A. "Tobacco Products" means cigarettes; cigars; cheroots; stoggies; perique; granulated, plug-cut, crimp-cut, ready rubbed and other smoking tobacco; snuff; snuff flowers; cavendish; plug and twist tobacco, fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco and other • kinds and forms of tobacco, prepared in such a manner as to be suitable for chewing or smoking in a pipe or other tobacco related devices; and cigarette papers and wrappers. For purposes of this section, a tobacco product includes both individually packaged items such as a pack of cigarettes or a can of chewing tobacco, and cartons containing two or more individually wrapped tobacco products. B. "Self-Service Merchandising" means open display of tobacco products that the public has access to without the intervention of an employee. C. "Vending Machine" means any mechanical, electric or electronic device, appliance or any other medium or object designated or used for vending purposes which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products. Subd. 2. License Required. Any person who, directly or indirectly, keeps for retail sale, sells at retail, or otherwise disposes of any tobacco, must first obtain a license from the City. The City Council is the grantor. 111 Subd. 3. Conditions of License. A. Separate licenses shall be issued for the sale of tobacco at each fixed place of business, and no license shall be issued for a movable place of business. B. The following acts or conduct on premises licensed under this ordinance are unlawful and shall be punished as provided by Section 6.99 hereof and shall be grounds for revocation or suspension of any license as provided by Subdivision 4 of this Section hereof: 1. To sell, offer for sale, give away or deliver any tobacco product to any person under the age of eighteen (18) years. 2 . To sell or dispense any tobacco products through the use of a vending g machine. 3 . To offer for sale any tobacco product by the means of a self-service merchandising. 4. To keep for sale, sell or dispose of any tobacco in any form containing opium, morphine, jusim weed, belladonna, strychnos, cocaine, marijuana, or any other deleterious or poisonous drug except nicotine. Subd. 4. Suspension or Revocation. A. A licensee's authority to sell cigarettes at a specific location will be suspended for thirty (30) days if licensee is found to have acted as prohibited in Subdivision 3 (B) (1) -(4) in this Section hereof. B. A six (6) month suspension shall be imposed for a second violation at the same location occurring within a twelve (12) month period. C. In the case of suspension, there shall be no license refund. D. License revocation may be instituted following a criminal conviction under this Section of any officer, director, manager, or other agent or employee of any licensee. Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 6.99, entitled "Violation a Misdemeanor" are • hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: i CITY OF EAGAN January 1, 1991 - June 30, 1991 1991 CIGARETTE LICENSE RENEWALS OF LIC.# LOCATION VENDOR MACH. COUNTEF 2319 AMERICAN FRUIT & PRODUCE MN VIKINGS FOOD SERVICE 1 2348 BROOKS SUPERETTE #43 GATEWAY FOODS OF MPLS 1 2333 BROWN TANK NORTH COUNTRY VENDING 1 2313 CEDAR CLIFF AMOCO ROBERT SCHLANGEN 1 2314 CEDARVALE LANES DVM, INC. 2 2346 CEDARVALE TIRE & AUTO A & K SINCLAIR 1 433V CHEERS WINE & SPIRITS DANIEL HERBST 1 2349 COMPRI HOTEL THEISEN VENDING 1 2347 CUB FOODS SUPER VALU STORES, INC. 1 2345 DIAMOND T RANCH JERRY THOMAS 1 2337 DUCKWOOD 66 PHILLIPS 66 CO. 1 2341 DURNINGS DOROLA INC. DBA 1 2342 EAGAN E-Z STOP CROWN COCO INC. 1 2323 EAGAN AMOCO SO. FRANCE LTD. INC. 1 2338-40FINASERVE #590, 576, 594 FINASERVE, INC. 3 2310, 11HOLIDAY STATION STORE #234,#247 HOLIDAY STATION STORES 2 2318 LANXANG ORIENTAL GROCERY THANOM KEOHAUONG 1 2312 LIQUOR SHOPPE LIQUOR SHOPPE 1 2334 LOST SPUR COUNTRY CLUB HAROLD F. AWE CO. , INC. 2 2330 MISTER DONUT MISTER DONUT 1 2316, 17PDQ #214 ,287 PDQ 2 2324 RAINBOW FOODS APPLEBAUM FOOD MARKETS 1 2343 , 44SNYDER DRUG STORE #32,#61 SNYDER DRUG STORE • 2336 STARKS SALOON GARY STARK 2 2320, 1,2SUPERAMERICA #4049,4182,4335 SUPERAMERICA 3 2331 TARGET T-360 TARGET 1 2335 TEXACO SUPER STORE YOCUM OIL COMPANY 1 2327,8,9TOM THUMB #166,259,273 TOM THUMB 3 2332 TOTAL PETROLEUM TOTAL PETROLEUM 1 2315 VALLEY LOUNGE DVM, INC. 2 2326 WALGREENS WALGREENS 1 2325 YANKEE SQUARE AMOCO W. J. RABUSE 1 IIP 21-- X m c SD r 0) 3 --i• CO 5 •� ODc co n > 5 0 m m 7 � 5... * m p 7 0. o A cD 0 , = 5' 0 p 0 m Q � O 0 * D 7 5'? -• corgi 5 o• I- 0 m a) m W Io� � W °w ° ? (D "- c 0 m CA g7 a v,' n -•► o. m c(Cx• o«] z, a) `� A) a) - 0 -a c ° � < m 7" - Ca .. - d � m � - m .• cp m �< ° m -� ? c n y a _. G n m .< .< am c a 7 p m E.D. Cm' p O nT � �`< m can mm off, , 005' � m 7•-• cnco _ m m m al . CD 'C_ CD C C W m m ..,, 3 ^' x 7 7 < 3 0-.G in ter. c 7' O � 7 '�su° - ) CD •v � Noma "5 ° cm ? 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Eagan, Minnesota 55121 612.452-9872 Serving r Eagan Chamber of Commerce n • • Mendota Heights Chamber of Commerce ✓,1 Rosemount Chamber of Commerce ' ' MAY 0 West St. Paul Chamber of Commerce and the Cities of Lilydale, Mendota and Sunfish Lake May 29, 1991 Mayor Tom Eagan City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mayor Eagan and members of the City Council: At the May 16rmeeting of the Eagan Chamber of Commerce, our members heard an update on the proposed ordinance regarding the sale of cigarettes. After hearing from both the City and a representative of the Minnesota Grocers Association, the Eagan Chamber of Commerce instructed me to pass their feelings on to you. • We have reason to believe the ordinance should be broken out into two issues; ie, the vending machine issue should be separate from the over-the-counter sales issue. Each should be debated on their own merits. The Eagan Chamber strongly feels that the limiting of cigarette sales to an over-the-counter type sale brings severe hardship upon those stores that sell cigarettes. The economic burden to install convenience checkout services in grocery stores such as Cub and Rainbow would be enormous in both capital outlay and personnel. Obviously, if forced to do so, the stores will pass these expenditures on to all consumers. The Eagan Chamber believes that the controls and penalties . now in place are, in fact, working successfully to deter the sale of tobacco products to minors. In addition, it was felt that this could set a dangerous precedent to other items tradi- tionally carried by these stores such as over-the-counter drugs containing alcohol and codeine or other potentially addictive chemicals. 1Ft Mayor Tom Eagan May 29, 1991 • Page 2 Finally, it was felt that government had overstepped its bounds in trying to regulate a situtation when there are limited facts to substantiate that there presently is a problem. However, the Eagan Chamber would be willing to help set up a task force along with members of the Council, public safety department and area business to study and report on loss prevention measures to further limit illegal access to tobacco products. Therefore, we ask you to separate the issues, and to dismiss the imposition against retail stores. Thank you for your consideration of this matter. erely, Daniel A. Aberg Executive Director DAA: db cc: Tom Hedges, City Administrator • Barb Reber, President, Eagan Chamber of Commerce 3 (at II! !�I t*';Y The Honorable Thomas Egan May 28, 1991 Mayor of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mayor Egan: As both a resident of Eagan and a member of the business community, I oppose the proposed ordinance that prohibits "self service" merchandising of tobacco products. First of all, as the Zone Manager for both the Eagan SuperAmerica locations, implementation of this ordinance would: - Create additional expense to remodel checkouts - Contribute to loss of sales and revenues - Be a major inconvenience to my customers • One of my two stores, because of space limitations, already does not have self service cartons, but I still feel the retailer should make these marketing decisions. Secondly, as an Eagan resident and father of two, I too am concerned about children smoking and shoplifting. But why then is it illegal to sell cigarettes to minors, but not illegal for them to attempt to buy them? Also, if the children of Eagan are shoplifting, let's deal with that problem and not just punish the business community. In conclusion, would appreciate any support you can give in defeating this proposed ordinance. Sincerely, 0, . 2 o4:to J*es R. O'Neil 4 59 Strawberry Lane Eagan, MN 55123 411 MBA Division of Ashland Oil, Inc. 1240 West 98th Street we Bloomington,Minnesota 55431 • 612-887-6100 SUPERAMERICA 1-0--s4.- �f�1`' ; MAY 1 c % 1JI u' 3,61/50 Pc. ° ri ( �� &Lac- `---21 G c, ms's/a,p .E.Q-2 `72 Ca t . ..--e. eLvt — Q --. Cr CC�c%�� ,-,�-„7-e Q. d.-e-,.....-c_...... z41 is tK,--r-x--ae'- 6 z r-e-Q-, „_ Z. - -..4. � �C.t''d ".„&„.„_z.. . ill o .,2, tee. a /3 7 9 -e*-c u--x 6,- ,z.e ,u c..‘G a,,_ai Q,/ ,4) ---7z-et--7/ -),,t.e.A.,d4e-....c-e"-e-v_e__ e.t...2... e.-„, Q.,t./2.6 ., ' 40�.- a--C-di---vt.-40-----Pt--C--e-- 64- C-G-74.--"- _ -- /7,1-4- Y R., e-416.-0.-e- t .",c2,4,?4, /0-401---e--4- cy C-i7g..■L-e-r:ed,a2 or---x. ...-r)i, elo-c4--vc--re.2.- / ez_v_ce qo a-1a.o ,4.4. a A¢ Gt--st-61 %''''f'(-et-e'C-.6 -A--et■C-4- • ' '.0444- 'ea6 44.'10 pft/L-0 e Ggt-4.--zx:4--1 ,c`a„.e€ a. .1(_/__?.- z:d.„_,a4 • 2 MITA Division of Ashland Oil, Inc. 1240 West 98th Street �o Bloomington,Minnesota 55431 • 411111111V, 612-887-6100 SUPERAMERICA � 06 .x2,T2.441 kZ `�� =�-•c-� � tea... ./1��a�.�, . �. � - eZ-~L4 e'L•t ),? te:g■e</e.- /1-.{.4"4.■ zyet_,Le 31 • Agenda Information Memo 410 June 4, 1991 City Council Meeting CONDITIONAL USE PERMIT/R.L. JOHNSON INVESTMENT CO., INC. A. Conditional Use Permit, R.L. Johnson Investment Co., Inc., to Allow Outdoor Storage in a LI (Light Industrial) District,and a Special Use Permit for a Fence in Excess of 6 Feet in Height at Lot 1,Block 1,R.L.Johnson 2nd Addition,Located Along Yankee Doodle Road and Yankee Drive in the SE Quarter of Section 8 in the NE Quarter of Section 17—At its regular meeting of May 28, 1991, the Advisory Planning Commission met and considered an application for a conditional use permit for R.L. Johnson Investment Company to allow outdoor storage of motor vehicles on Lot 1, Block 1, R.L. Johnson 2nd Addition. The plan as submitted is a revised plan. The Advisory Planning Commission is unanimously recommending approval of the conditional use permit as described. For additional information with respect to this application, lease refer to th Community Development Department staff report enclosed on pages ' ( through 9 for your review. Copies of the minutes of the Advisory Planning Commission are not available at this time and will be forwarded to the Council as soon as they are available. The application as submitted by R.L. Johnson also includes an application for a special • permit to allow a fence in excess of six feet in height at the location as described. The Advisory Planning Commission does not act on special permit applications. However, the special permit application is in order for Council consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for R.L. Johnson Investment Company, Inc., to allow outdoor storage in a light industrial district and to approve or deny a special use permit for a fence in excess of six feet in height at Lot 1, Block 1, R.L. Johnson 2nd Addition as presented. • SUBJECT: CONDITIONAL USE PERMIT (REVISED) APPLICANT: R. L JOHNSON INVESTMENT CO • LOCATION: LOT 1, BLOCK 1, R.L. JOHNSON 2ND ADDITION EXISTING ZONING: Ll (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: MAY 28, 1991 DATE OF REPORT: MAY 22, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by R. L Johnson Investment Company requesting a Conditional Use Permit to allow outdoor storage of motor vehicles on Lot 1, Block 1, R. L Johnson 2nd Addition. At the February 26 Advisory Planning Commission meeting,the Conditional Use Permit request was denied unanimously. The Council had directed the item back to the Commission when it was noted that the 24' drive aisle around the building was in accordance with City requirements. The Commission noted that even though the area measured 24', snow storage along the fence actually decreased the aisle width to something less than 24'. The denial for the Conditional Use Permit made the fence height irrelevant and therefore, no motion regarding that matter was made. The item was forwarded to the April 2 City Council meeting. That evening the applicant expressed an interest in relocating the fence to a location that would be acceptable to the Army Reserve, R.L. Johnson Company, and the City. The Council never acted on the application. A revised plan has been submitted placing the storage area along the Highway 13 hillside where it should be much less visibly intrusive and away from the access points to the property. The existing 8' fence would be used again in the revised location. The fenced area will measure approximately 60' x 193'. If approved, this Conditional Use Permit shall be subject to the Council granting a Special Permit for the fence height over 8'. • FINANCIAL OBLIGATION - Lot 1 Block 1 R.L. Johnson 2nd Addition 17-CU-20-11-90 Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount None • • -.teas• a••- - •a. -., '-..u...--_..:: v..,-.•'.',..1.-: - '- S*'-: mg r' a47-- 7 tit MMG:�dr1..•'i ?'.'r.ty t -a �r ta.i.i�:.C�i°;; 'F"'mt,' ` y1.4 7:11.177.:.. I�- "F= r• 0 O-•O o' O�O I I ; ,;NI , . IP.• •. a -;.._i . • • — , 11 n�* ' • i , Pn 1 11 r� J� 1111 Ih7��,111111�11 `! ' t amnia it !1 • 1► • ' S _ !\ • � ,ri•, �I��i��TAI � Es. • ,o ; � �„..1 ,• 1 -O _ i.,. MITI E _ro rn � .• 0.•• :it -O C7 - _! {j 1i rn �� >� i; E I . . . if . illy .....- ----..... . -. 3... ';7-•-■-_,I,Lea, vi _ . -,e) . ,;• `• . - _ ai l =.` '�-� - jv. C — X111 - _CIE -° rn . 'sif: att ,-,0 .r �� 1 .-43 .0. t` - 1-.--..„,.1.0. - ii.1 . -3 _oistat_r_!::,..7:„.fr _ ��',ti,r' r5 t Z � ii , ci . 0 p • . • .; rn I ; i.I sa' - C? .g i. ,7",.;---iI s--- r- i•; ip, © 0 J (JO ® 0 0 . • C in'i ii is !i re 1 • • . ;f Ptocr104 . , . _, ,, 4 7,. ' p la , .Po a Associates Inc. .L..1on.o1►wr...- 00 '�° 1�yarawsza_ nuvr•-i mom.=Immo Ns mow .i .....• Agenda Information Memo • June 4, 1991 City Council Meeting REZONING/BURNSVILLE LUMBER COMPANY B. Rezoning, Burnsville Lumber Company, of Approximately One Acre from AG (Agricultural) to an R-1 (Single Family) District Located Along the West Side of Slater Road South of Whispering Trail in the SW Quarter of Section 31—At its regular meeting of May 28, 1991, the Advisory Planning Commission considered an application for rezoning of approximately one acre from agricultural to a single family district along the west side of Slater Road in the Whispering Woods area. The Comprehensive Guide Plan designates this area as D-1 (single family 0- 3 units per acre) and this proposal is in conformance with that plan. The Advisory Planning Commission is unanimously recommending royal of this item. For additional information with respect to this application, please re r to the Co unity Development Department staff report which is enclosed on pages Q3through for your review. Copies of the May 28, 1991 APC meeting are not yet available, a copy will be forwarded to the Council as soon as they are available. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning as requested by Burnsville Lumber Company of approximately one acre from AG(agricultural) to an R-1 (single family) district located along the west side of Slater Road south of Whispering Trail as presented. • S SUBJECT: REZONING APPLICANT: BURNSVILLE LUMBER COMPANY • LOCATION: SW 1/4 OF SECTION 31 EXISTING ZONING: AG (AGRICULTURAL) DATE OF PUBLIC HEARING: MAY 28, 1991 DATE OF REPORT: MAY 23, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Rezoning of approximately one acre from AG (Agricultural) to an R-1 (Single Family) district along the west side of Slater Road in the Whispering Woods area. The Comprehensive Guide Plan designates this area D-1.,(Single Family, 0-3 units per acre) and this proposal is in conformance with that plan. A three-lot Final Plat was also submitted and is being processed by staff. COMMENTS: In April 1988, the City approved a Preliminary Plat for the Whispering Woods 4th Addition consisting of 57 Single Family lots on approximately 28 Agricultural acres along with the Rezoning of 5.7 acres to a Single Family district. The City requested Ak that the overall Whispering Woods area be platted so the comprehensive street and utility design could be evaluated. Burnsville Lumber has been developing the area slowly and in phases. As Final Plats are submitted, so are the Rezoning applications to an R-1 district. This process was agreed upon since the applicant did not want to lose the Agricultural status until such time the lots were marketable for development. As proposed,all lot requirements meet City Code requirements. Variances to allow 30' setbacks along Slater Road for all three lots were previously approved. • • IC FINANCIAL OBLIGATION - 31-RZ-6-5-91 41 Based upon the study of the financial obligations collected in the for the property, the following charges are ro past and the uses proposed City's existing fee schedule and connections proposed to The made to the City's utility using the based on the submitted plans. �' Improvement Project Use Rate Quantity Amount None No financial obligation is imposed as a condition of rezoning. A financial obligation for storm sewer trunk will be collected as a condition of platting. • q(P j i1a ;- } III 1 .. OW ft s s' f i. ; rl f = I i i= l - ." • f sis'i= i ; i f1 ' :"! it E • ? f11 ! } 1�] � i j = I I % i ! I i In e 1 � 121 � s?. s i si 7: 1 s , i i •, �� I It _, .i1 1 i .ft ti Ci3 Ii :' 12 81 Itilla O if i si p f3s 1 x'11 r s f l Imo ill 11 ]_' 'j: Oil! 1: ;fz - ; = 12 l jls ill Will elf' it fl i i flU; 1 � i 1 < j� li :!! _s t Q i ►S Z P•J f r i Y •J I Li SOW • • 1P1 �P10r r� +7; YSAT U) 4 2#.o r �P .p nor •h V P �k 7 r• 1 s?►J i 2 Y 2 e s • 0• i v 7 Y 7 :tit; • f• O P a r 1 i♦i.?2 • • r I N A : • r f'0 0 • �: G 0 • 0 � • +—f: S. s� u •��.• a•.• d el X 4 St3 . 1116-111 Orli r 4.,:;-.-...-...". .• • _ , ' I LIli �'+ •'> �Yfvt .1141.Y.�i.ytilWf • i ... 141 •' .. ° fal ILI re.- 4 ' .4 . 0 s P.11 =44 44' }� I. MMIR t FtP 'slt• .�` ♦ s '•shits I • GI ,....\ , ■ • . •••.: i- - _ _ �.,'i.l. . r. i••.l`f•1.•�„�:1 �"��T•Z.�lf..�Z. .:f..7 •�'.•rl ~ 't•• ' • • : 7.• 44 a ::;.:•. x \' •'g 1 - -i.. • - :: Ill f --• • .• • r S, 11 .„........:. ---cii. ta,..i. - e....,..,- --i:: j(44.4. ...JAL • • • i—., te✓ ° �f :�% No • f: 4 7„ 1 ' Worop- ili,;: gool• 101.-°' el ' ./ . • 4 .16t"4 -f. . 1 i • • =1 i ' - -• T Sf' `�' .. e`iy '# �y • •4 iii ' . if 0.1.;31 l��; � �j :: :ii++s:L. T= • (( ! i J 1 i• s ` li 1. 4b11J2TT.. • ..,,j-. r i,' �'c it••� SJ. i� `�i^.-+�aiwr.... = s . CV1 Agenda Information Memo • June 4, 1991 City Council Meeting WAIVER OF PLAT/CELLULAR ONE C. Waiver of Plat,Cellular One,in Order to Split an Existing Tax Parcel (010-50) Located Along the South Side of Deerwood Drive West of I-35E in the SW Quarter of Section 21—At its regular meeting of May 28, 1991, the Advisory Planning Commission considered an application for waiver of plat from Cellular One in order to split an agriculturally zoned parcel for individual ownership. The parcel physically split by I-35E is located along the south side of Deerwood Drive. The Comprehensive Guide Plan designates this parcel D-II (mixed residential 0- 6 units per acres). The Advisory Planning Commission is unanimously recommending approval of this application. For additional information with respect to this application, please refeyto the community development staff report which is enclosed on pages (b(.) through (d' for your information. Minutes of the May 28, 1991 APC meeting are not available at this time. A copy will be forwarded to the Council as soon as one is available. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat as requested by Cellular One to split an agriculturally zoned partnership as presented. If approved, the waiver of plat should be subject to the conditions as listed in the Community Development Department staff report. CkG • i SUBJECT: WAIVER OF PLAT APPLICANT: CELLULAR ONE LOCATION: SW 1/4 OF SECTION 21 (10-02100-010-50) EXISTING ZONING: AG (AGRICULTURAL) DATE OF PUBLIC HEARING: MAY 28, 1991 DATE OF REPORT: MAY 14, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT • APPLICATION SUMMARY: An application has been submitted requesting a Waiver of Plat in order to split an Agriculturally-zoned parcel for individual ownership. The parcel physically split by I-35E is located along the south side of Deerwood Drive. The Comprehensive Plan designates this parcel D-II (Mixed Residential, 0-6 units per acre). COMMENTS: Over the past several months, Cellular One has been searching for a cellular phone tower location near the center of the City. On November 8, 1990, a Special Permit was granted for a one-year period, allowing a temporary 100' tower at the NE intersection of Deerwood Drive and I-35E. On May 7, a 4.9 acre parcel along the SW intersection of Deerwood Drive and I-35E was approved for a permanent 100' tower and the City Council • authorized the building permit with the understanding that the Waiver of Plat application was being processed for the May 28 APC meeting. City staff does not have the ability to issue a building permit on unplatted property without City Council approval. Public Utility service facilities are a permitted use in Agricultural districts and the Council deemed this cellular phone facility a similar use. The pole is at least 100' from the north and west property lines, thus meeting setback requirements. The building permit was subject to: 1) all building permit code requirements. A landscape plan shall be submitted with the building permit application. 2) The building exterior shall be of a concrete aggregate approved by staff. WATER QUALITY: Development of this parcel,as proposed,is not expected to significantly alter the quality of runoff from the site. Therefore,staff recommends that the water quality requirements be waived for the parcel as long as platting is required for any future development. If approved, this Waiver of Plat shall be subject to the following: 1. The Waiver shall be recorded within 60 days of approval by the Council with documentation provided to the City. 2. All applicable Ordinances shall be adhered to. • FINANCIAL OBLIGATION - Waiver of Plat 21-W-1-4-91 Based upon the study of the financial obligations collected in the past and the uses proposed• for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity' Amount Water Availability Charge C/I $2420/A 3.928A $ 9,506 Water Trunk C/I $1536/A 3.928A 6,033 • Storm Sewer Trunk (Upgrade) C/I 5.034/SF 171,281SF 7,279 Lateral Benefit Water Trunk C/I $9.75/ff 100ff 975 Deerwood Drive Upgrade2 C/I $3338/if 638.53ff 21314 BLUE There is a P ending assessment on Parcel 10-02100-011-50 of $202,575.00. The pending assessment will be pro-rated between the newly created parcels on the basis of a ratio of the area of the succeeding parcels to the parent parcel. The assessment burden on the 4.91 acres is estimated at $23,756. 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I ••::: ,.AlproiA.. ..i<':-iireir-.-,,V _ 4•• •.)1: i•i i;iiii i 1 0.1 1.1 11 i . v•-Nr.. -"P‘91111%-c-1 0 z :k i :: 4.- : ; k• .1 .:'..il 41,41.;:if1444-■" I ii 1 ii ii t;!i • /1:Il•.i■ N. ' '11.4,'N' : 4'; , 1 i II::; .••••• . •. SU: t ., •• 44 litiZ tiC5) • • K 1 r: • .• ,/{i N[ LI !f .41111111 ' or.- ' 'IN 141 l!'l i! V �i • �\ ♦ 1._i_s y a. , J. Ilr, 4p. , ev , : • _ l ..-11 _ . ■■••‘It AIM r „ ill•r'fet' ,. z,i s LZ! rerfr4t11 - I*. t 1d7 . 4,11r, - .• - �1` ✓ _* ; a. --�-- - -y-- - -- 1 1 •1 il - • W.I.:. ,; 111.;(•• 4 . _ . 3. 44, • : 1 t, f• i I Ina r '`/ * Pr_411 7.31,11. . j tr ---.... • ,tr.• •90.01:_ • . 740 1 441. ' d)i %Pi "'IP .. . plr! , • ‘,°‘+ . 0 ra 1 14 is: aZc 2 LI la. SO 0 0d v4 v4 4 E■ > Or id ic fr to OS ix Z F = s a, 0 3 %... I o /i � l A 0. .r /-" / ./ , ° %,----,'", , III ■ id ow 1 4IC . 1 I t \ .\ IN • Of•-•' ill~.••, J \\\ # _....- ... „. ..j 'i -:-:-.7.----::--------_--:.."..:::::::::::::-,..--."::::............ \4 \ ,, Ni. Z _ = y_•. i . ''4},-:,:..-....-__-....-..._:.: :: _ . - - it . Si- 1,. 0'''"..::-----i-"...i:::-..:...::::::-.1.--:::-..1-::-..--,.....--1::::-..::::::::::::::;!.:_::-.:-:-....-::::::::::::::-..:::::::::_::::::::::::::::.::-...."...:::::.1....::::....-::i.:::::::::::::::.::.:._ ;.7,,, . :4,,:til.i.. .1. .., 4;, 1 s 1. 11 #.f . - _ .- _ _I i [ *. .. :,, . , , • 1:A„.....6„ • — 1./V • iti-Pik Agenda Information Memo '4, C,.C, 0.700..s..4 rto- June 4, 1991 City Council Meeting S PRELIMINARY PLAT/KINGS WOOD 5TH ADDITION D. Preliminary Plat, Kings Wood 5th Addition/Horne Development Corporation, Pc Consisting of Four Lots on Approximately 13 Previously Zoned R-1 (Single Family) Acres , Located Along Rocky Lane and Kings Crest in the NE Quarter of Section 2–At its regular meeting of May 28, 1991, the Advisory Planning Commission considered an application for a preliminary plat for Kings Wood 5th Addition consisting of four single family lots located on 1.26 acres of previously zoned R-1 zoned land. The Advisory Planning Commission is unanimously recommending approval of this item. For additional information with respect to this application, please refer to the Comm ty Development Department staff report which is enclosed on pages 10 7 through r/c for your review. A copy of the Advisory Planning Commission minutes is not available at this time. A copy will be forwarded to the City Council as soon as it is available. This item will not be considered by the Advisory Parks, Recreation and Natural Resources Commission until its regular June 6, 1991 meeting. If approved at the Council.meeting, this application should be subject to any conditions as recommended by the Advisory Parks, Recreation and Natural Resources Commission. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Kings Wood 5th Addition consisting of four single family lots located on 1.26 acres of previously zoned R-1 land as presented. If approved, this application should be subject to conditions as listed in the Community Development Department staff report and as recommended by the Advisory Parks, Recreation and Natural Resources Commission at their June 6, 1991 meeting. Q Aof„c -� w 4 sr �..y • • SUBJECT: PRELIMINARY PLAT KINGS WOOD STH ADDITION APPLICANT: HORNE DEVELOPMENT • LOCATION: OUTLOT A, KINGS WOOD 4TH ADDITION NE 1/4 SECTION 21 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: MAY 28, 1991 DATE OF REPORT: MAY 16, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat consisting of four Single Family lots located on 1.26 acres of previously-zoned R-1 land. The proposal is also in cohformance with the Land Use Guide Plan which designates the property as D-II (Mixed Residential, 0-6 units per acre). EXISTING CONDITIONS: The property in question has some mature tree growth along the east boundary which is also the high point of the site. The remainder of the site is open grassland that slopes from east to west. • BACKGROUND: The site in question is currently platted as Outlot A, Kings Wood 4th Addition, which was final platted on June 20, 1989. At this time, Rocky Lane had not been extended to provide access to the southern boundary of the 1.26 acres so it was platted as an Outlot. The site was rough graded during the grading of Kings Wood 4th Addition. COMMENTS:r.The lots vary in size from 12,460 sq. ft. to 14,845 sq. ft. with an average lot size of 13,754 sq. ft. As proposed, all lots meet the R-1 requirements of minimum lot area and minimum tot width. The site density is 3.17 units per acre which meets both the zoning district and Land Use Guide Plan density requirements. • GRADING/DRAINAGE/EROSION CONTROL: This development has been previously graded and a swale is proposed for the rear yard drainage across Lot 4. • The runoff from Lots 2, 3, 4 and the south half of Lot 1 of this development will be directed to an existing storm sewer on Rocky Lane which drains into an existing pond at Rocky Lane and Deerwood Drive in the Sherwood Downs development. The runoff from the north half of Lot 1 will be directed into existing storm sewer on Kings Crest which drains into Pond JP-5. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. WATER QUALITY: This proposed 4 lot residential development covers 1.26 acres with 1.0 acres in Drainage Basin B and 0.26 acres in Drainage Basin J. Stormwater runoff from the 1.0 acres in Drainage Basin B will be discharged to a small, man-made nutrient basin in Sherwood Downs before it is released to a stormwater drainage pond (BP-29) and another nutrient basin (BP-2) on its way to Blackhawk Lake. Blackhawk Lake is designated as one of six Class I water bodies in the City's Water Quality Management Plan. Storm water runoff from the 0.26 acres,in Drainage Basin J will be discharged to Pond JP-5 which outlets into Blackhawk Lake. City water quality treatment requirements apply to this development but the site itself is too small to accommodate on-site ponding. To meet water quality criteria, the City will require 110 a cash dedication in lieu of on-site ponding. Analyses using the City's water quality model indicate a pond surface area of 0.05 acres and a pond volume of 0.09 acre-feet would be needed to meet minimum treatment standards for the development. Based on the City's adopted unit costs for residential land and excavation costs, the cash dedication due for the development is $1,107. UTILITIES: Sanitary sewer of sufficient size, capacity and depth have been provided to this development from an existing 8" PVC sewer line that runs along the south side of Lots 2, 3 and 4 in Rocky Lane. Lot 1 is serviced by an 8" PVC sewer line in Kings Crest. Sanitary sewer services to the four lots have been stubbed to the property line. Water main of sufficient size, pressure, and capacity is available to serve this development from an existing 8" water main that runs along Lots 2, 3 and 4 in Rocky Lane. Lot 1 is serviced by a 6" water main in Kings Crest. Water main services to the 4 lots have been stubbed to the property line. STREETS/ACCESS/CIRCULATIONt Public street access for this site is available from Rocky Lane on the south for Lots 2, 3 and 4 and Kings Crest on the north for Lot 1. STREETLIGHTS The City will require this development to be responsible for the installation of one (1) residential type street light in accordance with the applicable City Ordinance and approved 111 plan by the City. 'CA EASEMENTS/RIGHT-OF-WAY/PERMITS: No additional right-of-way along the existing streets are required. A 20 foot wide drainage and utility easement for a proposed drainage swale across the backyard of Lot 4 shall be dedicated as a part of the plat. • FINANCIAL OBLIGATION - Kings Wood Sth Addition Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount • None • KINGS WOOD STH ADDITION CONDITIONS • 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: B1, C2, El, Fl, 01, H1 2. A 20'wide drainage and utility easement for a proposed drainage Swale across the backyard of Lot 4 shall be dedicated on the plat. • • I STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. easements and Rights-of-flay 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 411 STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 410 4. A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. Public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency.. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Water Oualitv Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding in accordance with the criteria identified in the City's Water Quality Management Plan. R. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 plataprv.con LTS #2 • i i ..„..... • r4M U r K. igi1 Q • , .,sw,,'u r r CIG/N p• fi. CtN1CR 34-- /— •.IrGS fI •Clr LL R av( tw 0 en• 1 • 1 . X, �•rrr 1 Ri <<•' • 2O1K '-1• • k.• v''fr(c'?f 1 •;:` J E F 1 •�,I all. � :cv 1 I •. sI. j 1 '" MIIIR - / ,is1 I :� I� i e1 :� • 01 All ■ St•Ci WINK . .0- t / . PARK • . i 1 • • � i/�a •Sw rtml'1 t. A R-1 ►•r) r_. Zoe, f%1 i t1/4•1 G. ...,-.. ; y ... .•i-,,i - : ......... IK w/..Mi... 1/Ila _ •,a• I,jnl �1. / . � V•• "1 1`ark, '� pV Y 1 1a LE - � , ir:, ) ` bill \ _ , -II ` - � . _. ' :)1 _ • •( katRwMC t • ' r 1/ !t 6 ' -.L.. ! ; Nit .. • ! 1 �... t / 1; t , Dl i 1 '" J i_� '1! 1 1■ r� StfhDll �■ � 6LA t of • _ _ =I - 1.—{ i �,rav `0 I' r 1 �i � • i tr .J` . D4 2 1 1 1 } 1 .,si • n.c..-• L \\3 • ON xVI11140114 `Y`u+ug----yip-- ---"31 1 �ut..Tc- •..t--.vs 'IT 1, sa, .,..-..,; - : --. rl ..., .ell ..• ....- ,...11.--". CI to 1 `' • o W c - tii✓ • t ;• /. g ( / > - '• ' it H r p " • � , i j �1 to r l '1 / " -1�- N- N t .I 1 -U v ..,.t4 1 '1( ^` ` as �.. u 1Y7ddil] ...e ` •• i 1 • ••• • , .. . .., . - .• lt:Aiii s . • / Y. I 1 't — M . , „•,.7 ••. -•••• ../... : -7-7-....-7-?".° r.... smb, 1S, •-- -' - - \-".... - i /• a, i a. ! j a• 1 1 %£• i i psi .,i \- :', ;�!'_" s ,� _• . • a. Ac - -'...., - ii , s ..*: ' . ik. ii . • / . 1A1 1 terittty .....„, 04/ 6 ". .(‘4 • , '.',..? ". ••• r• ,„•• .. • / • f •4N ' . r bI G • y -10 / s W• Apin 1 ty«� f i . b _a:4 ir N .: ]C , "11/ i • • t, . . \°- 1I ii, !......=3 = <=i �; j� � , , j` r i ( i 1 t! i r 1, 'i ill' , '�` I 1.11 ! 1 :�!y ii �.�:%� �_',-- _ is' i1 _ 4 I ' Imo A tti e'k -.441111b It = .4 r•14*/ 441 .-- . . „ i,, . (V, 12, 11111i1 ■∎_ '. ,•�H\��\ �y, 4117 ,'�s�.{'�.�"'yam/�/ 1 iliiii ..........'....\\ \\**1.'.. %VW* le; ;%;t' , ' ...... 4...... .wilt s . k:,, . o. AD. ! p. r \ \ t .. li !lilt 11r----( .*44*- ,v , ,- r i• � /4. Ii . d I i! G '! ' • 1. iii ...i...c., ,,„,,. , r i , _ '_tICA.;.Ar "'Ll:',i.,' , 30%1 ik . - i-suu.--,,— -77..,' 133..,.,-- bilk.% Fil-. ' .--; IP.- , MAI," - i . . - . i 9 I.! i /1%1 ' � II :-r I /1 1' 11 II • • (---if. • .• . Agenda Information Memo June 4, 1991, City Council Meeting ADDITIONAL ITEM A. Contract 91-05,Approve Plans/Authorize Ad For Bids (Willbrook Addition - Streets & Utilities)--When the developer submitted a petition requesting the feasibility report for this project., they also requested the simultaneous preparation of detailed plans and specifications. Subsequently, these plans have been completed and are being presented to the Council for their consideration of authorizing a formal solicitation of bids if the project is formally approved as a result of the public hearing process earlier on the agenda. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 91-05 (Willbrook Addition) and authorize an advertisement for a bid opening to be held on June 28, 1991, at 11:00 a.m. • • { MINUTES OF A REGULAR MEETING OF THE 13 ;l11 :C r.oWc , : �'imnesoia: May 23, 1991 A regular meeting of the Eagan City.:Copncil.wasi::hold on Tuesday, May 23, 1991, at the Eagan Municipal Center. Present were Mayor Egan and:Coi ii embers Wachter,Gustafson,McCrea,and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. Mayor Egan said it had been requested that;:Item A cif::Additional Items, Contract 91-03, Approve Plans/Order Advertisement for Bids (Elrene Road/Trails End Road),be discussed after action was taken on Item A of Public Hearings,Project 589R,Elrene Road and Trails End Road-Utilities&Street Reconstruction. Wachter moved, Pawlenty seconded a motion to approve the agenda for the May 23, 1991 regular City Council meeting as amended. Aye: 5 Nay: 0 h sumnts Mayor Egan recommended the follow #jrr coons to the May 7, 1991 regular City Council minutes: • Page 6, paragraph 5, sentence 3, remove;the word Page 6, paragraph 7, under Item 2,.chang0::*:number "25" to "50." Pawlenty moved, McCrea seconded'a motion to approve the minutes of the May 7, 1991 regular City Council meeting as amended. Aye: 5 Nay: 0 Fire Chief Ken Southorn said dial'.:t1ii.tagan`' iii:t.iijlorer Post has been recognized for their outstanding achievement during this their first year c;of,Oxisterice;::The Post was recognized for excellence in firefighting exploring. Then, on behalf of the City Council, May* Egan presented a plaque recognizing the Post's outstanding performance firm the Indianhead HO*Scout gcnmcil. In addition, Explorer Nick Taylor was recognized for receiving the Fire Explorer Award from the Indianhead Council for outstanding performance during a severe storm in the City last summer. The City Council echoed their pride in the Explorers for their role in these awards. LIGHTENING STRIKE/NORTIEW PARK, Director of Parks&Recreation Vraasaid:Oat. had.struck a power pole near the Northview Park Shelter Building on May 22 Mr. Vraa sa cl:l lighten ::stye.caused an electrical fire with damage to a storage room of the shelter as well as damage to oilier'elec#iical equipment. He said any damages will be covered by insurance; however, because of damage to the elec# i it system, a decision will have to be made regarding at least a temporary rescheduling or cancelation of night:Softball games at Northview Park. Page 2/EAGAN CITY COUNCIL MINUTES May 23, 1991 .•.•.•.•.•.•.•...•.•.•.•.•.•...•.•.•.•.•.•.•.•.•.•.-. .:.:•:.:.:.:•: i:::POSPROWPANgt:: :::::::. :.•.•.•.. A. Personnel Items Item 1. Seasonal Utility Maintenance4i*ai.:r4i4ded that the hiring of Steve Wilke as a Seasonal Utility Maintenance Worker be approved. Item 2. Seasonal Engineering Aide—It was recommended that the filling of the Seasonal Engineering Aide position be approved. ••••••••:•:•:•:•:•:•:•:•:•:•:-:•:•:•:•:•:-::•••••••• Item 3. Seasonal Recreational Stiii4e4itit:foroniniiiided that the hiring of the following Seasonal Recreational Staff be approved: :•:•:•:• ••••• ...••.• .•.•.•.• ......... Kristi Edlund Hollitanfer ••• LeiLani Dick ......• Paula Bayes Terrence Flynn •::::...•••Witta.Gilbert •• • Shannon Haugh Lynne Hockford Melanie Mesko Kathy McNeil Aimee Muchlen Christine Schultz Shannon Stire Julie VandeWalker Kristin Weeklund Sheila Haugh Krista Murtfeldt Rebecca Peglow Jill Gruenke ••Robin Stubblefield Kimberly Larson White Heather Kjos Eva.Literault :•:•: ..::::.:: Item 4. Seasonal Utility Maintenancg:*!3riiii:iiiis recommended that the hiring of Mark Dornseif as a Seasonal Utility Maintenance Worker bOlitifir4. ..• • B. Extension to Record Final Plat.Town Centre 100 -Eighth Addition It was recommended that an additional 30 day extension of the final plat for Town Centre 100-Eighth • dition to June 19, 1991,be approved. ............: • C. AnDlication for Exemndon - Valley View 4-H Club. 4th of July Celebration •••'• t• It was recommended that an application for 4i:mption frOn a lawful gambling license - Valley View 4-H Club,4th of July Celebration. .•.•.•.. ...•.•.• .•...•.• D. Licenses.Plumbers It was recommended that the plumbers licenses be approved as presented. E. Declare Surnius Items for Public AuctIon.June 1. 9*1 It was recommended that the de4:00::.goki*....*0*for surplus property for disposition at the ........ .•••• public auction on June 1, 1991. :•:•:•:•: Page 3/EAGAN CITY COUNCIL MINUTES May 23, 1991 • F. Amendments. 1991 City Code Municipal It was recommended that the orditiOce amendmentsjbc::continued to the June 4, 1991, regular City Council mee Stting. G. reet Name Chanae- B Road to Onpeiiig Drive It was recommended that a street name change for Becker Road to Opperman Drive be approved. H. Contract 89-12.Final nt/Acre sce TerO Tennis Courts It was recommended that the final payment/acceptance: Contract 89-12,Northview Tennis Courts be approved. :::::::.::. I. Contract 90-2. Final Payment/Aecypttace.iPark•Sbct yr Buildings It was recommended that the final payment/acceptance of park shelter buildings under Contract 90-2 be approved. J. Reauest for July 4th Celebration Appropriation It was recommended that an apprcriUt?9n of$1,500 for the July 4th Celebration for the Eagan Lions Club be approved. • R. Project 600.Approve MaDOT Cost Participation*Tenant(TH 149&Becker Road-Intersection & Signalization Improvements r � It was recommended that a resolutit ik*atlrorizing the Mayor and City Administrator to execute MnDOT Cooperative Construction Agreement #68262 for Project 600 (TH 149 & Becker Road - Intersection and Signalization Improvements). L Project 600. Approve MaDOT Sisal Anreement MI 149 & Becker Road Intersection & Signalization Improvements) It was recommended that MnDO'1''Sigiiai AgieesiCirt'3 o:�68305M for Project 600 (TH 149& Becker Road - Signalization Improvements)be approved and the Mayor::*isd City Administrator to execute all related documents. M. Contract 90-13.Approve Change Order#1 (JP-67 Wiiter Duality Pond -Sidewalks) It was recommended that Change Order#1 to Contract 90-13(JP-67 Water Quality Pond-Sidewalks) be approved and the Mayor and City Clerk authorized to execute all related documents. N. Project 578.Approve Resolution & IJ Agneemtlitiwith Chicano& Northwestern RR iSibley Terminal Industrial Park- Storm Sewer) It was recommended that the Resoluti in a :the:( ty to enter into a license agreement with the Chicago Northwestern RR for Project 578(Sibley Terminal Industrial Park-Storm Sewer)be approved and the Mayor and City Clerk authorized to execute all related documents;:: le 4/EAGAN CITY COUNCIL MINUTES ilk May 23, 1991 :::::::::::::::::•::::::::::::::::::::::::::::::::::::::: •.•... • ......... a Project 608.Receive Report/oilier Public Hearing if)inandale Center Industrial Park 3rd & 4th 0/‘, Additions - Overlay) •::::::::.. It was recommended that the feasibilitir•epprtfot:fk0jOd 608 (Eagandale Center Industrial Park 3rd & 4th Additions - Overlay) and a public hearnig:404440:be held on June 18, 1991. P. Vehicle #142. Receive Bids/Award Contract (Dumpboz.Sander& Plow Attachments It was recommended that the bids for miscellaneous equipment for Vehicle#142 be approved and the contract authorized to be awarded to the larst:irosponadl*:hidder: Q. iiit 1 F s I, k ' 1.5,1 ' 1_4.11 • • .. It was recommended that the preparation of4:leasibffity...:.4. port for Project 615 (Meadowview Road - Streets & Utilities) be approved. •••.••••.• .•... ••.• .••.•...... .•.• ................ ............. .••.•... R. Settlement Agreement. Project 466.Assessment Appeal (Nelson) It was recommended that a resolution authorizing the execution of a settlement agreement for Project 466 Assessment Appeal (Nelson) be approved. Wachter moved, Gustafson second4:0::artion to approve the Consent Agenda. Aye: 5 Nay. 0 Because it was not yet 700 p.m.,several itenii'fi4.*:Administrative Agenda were addressed at this time. •••• "• "•"—. 041#1,04001*** • SHARED/CONSOLIDATED SERVICE ALTERNATIVES After introduction by Mayor Egan,City Administrator Hedges briefly outlined the number of services currently being shared and consolidated with other communities. He said he had been meeting with Northern Dakota County city manager pursuing other ideas that could be added to the list for possible service consolidation. He said at this point, staff W4ii:•:.giiiii4ig:4::104:feon the City Council. The Council then discussed the positive aspettX;pf such:kiprogram. It was their consensus that after recommendations have been discussed at the next Dakota County Managers Meeting in June, that a list of potential service options be brought back to the City COncil forOnsideration and prioritization. AUTHORIZATION/CEDARVALE SHOPPING AREA CIRCULATION AND TRAFFIC STUDY • After introduction by Mayor Egan,City Administrator Hedges said a study group had been meeting to discuss options to be explored for Cedarvale. While it has limite4:0sources,Mr.Hedges said perhaps the City could help with some of these efforts. He said one idea under ii0iiideration is a circulation and traffic study for the area. Director of Community Developtnent..Rnnkkxaiti.circulation or access to the facility is a high priority and needs to be addressed. Funds.****.: 044:::fOir.jsuch a study. ••••••••-• Gustafson moved, McCrea seconded a motion to appr*:nuthorization for the firm of Short-Elliot- Hendrickson to undertake a study of circulation and traffic impiiiiements for the Cedarvale shopping area at a cost not to exceed $3,680. Aye: 5 Nay. 0 Page 5/EAGAN CITY COUNCIL MINUTES May 23, 1991 COUNCIL IN ERPRTATION/CITY col*CHAPTER 10.01 City Administrator Hedges stated tt:a question had:arisen regarding the interpretation of City Code Chapter 10.01 with respect to manure spreadiiii:..oii:agrigultnriddirOperty adjacent to a residential development. He further stated that staff interpretation of CityC c 10.01 defines garbage as waste which decomposes or is subject to rot and further that the subdivision makes it unlawful for any person to deposit garbage or other refuse from any source in any place other than a sanitary landfill or County designated facility. Chief of Police Geagan stated that his department received a number of calls from adjacent property owners of the lot that contained the manure complaining of a strong odor as a nuisance to his family. City Administrator Hedges asked that the City Council interpret the:::ordiriaoce::40::;proavide staff direction on the matter. City Councilmember Wachter stated that fresh manure:nrno:di f`eirent than the pulverized organic material that is sold in most home and garden outlets that is spread on gardens and as fertilization. After a brief discussion, the City Councilmembers agree hat City Code Section 10.01 should only be enforced if odor is an issue,otherwise,the pr :ot:spreadiAg:nattiral organic substance in agricultural districts is acceptable and not to be enforced under t ity:Ctiije Sectioa:I0:01. There was no formal action taken on this item. CLERICAL TECHNICIAN McCrea moved, Gustafson seconded a motion to approve authorization to proceed with hiring procedures for a clerical technician position:€or:the.Police Department as appropriated in the 1991 general fund budget. Aye: 5 Nay 0 CONDEMNATION SE1TIEMENTf LARRY WENZEL Gustafson moved,Pawlenty seconded.a:mot to:approve payment to the Wenzels in the sum of$13,500 together with interest thereon at the judgmmt4iiie,from August 15, 1987 through the date of payment together with $500 as reimbursement for the Wenzel's reimbursement fee. Aye: 5 Nay: 0 At this time, members of the audience were made aware that the preliminary plat for Burrview Pond Addition would be recommended for continuance to the June 4, 1991 regular City Council meeting. However, action on that recommendation would not take place.imtil.the appropriate time on the agenda. PROJECT 589R/ELRENE ROAD&TI11 IIS END ROAD (UTILITIES &STREET•RECON$TRUCTTON) After brief introductions by Mayor Egan and City Administrator Hedges,Mark Hanson of Bonestroo, Rosen,Anderlik&Associates provided background on Project 589R. Mr.Hanson described the improvements to be made and the method for funding those improvements. He said the total cost of the project is estimated to be$1,266,540 and the preliminary assessment roll is expected to: er approximately$1,035,687. Mr.Hanson said the deficit of approximately$231,000 would be financed thrti iglu the major street fund and utility fund. Mr. Steve Bryant of West . 'g :he:benefit to West as their property takes no access off of either road. He said West was a1sO�concerned that easements that would be granted may affect any future development of West's property. He said they would pi fer to wait with these improvements until some definitive plans for their property are made. After a qi(ion from Councilmember Pawlenty, City Attorney Mike Dougherty said that access is only one component that goes into deciding assessments for Page 6/EAGAN CITY COUNCIL MINUTES May 23, 1991 .•...•..•.•.•.•...•.•.•.•.•.•.•.•.•.•...•.•.•. ::•:•:•:.:•:::•:•:•:.:•••••••••••• ••••••••:•:.:::•: improvements He said the benefit to West's property would be determined through an appraisal Further discussion ensued regarding the financial ithpáCt of the improvemiiiii on West Publishing and West's preference to have the project delayed for an additional tivee years Staffiti*recommended that the project be allowed to continue and the City Attorney and Dir**;:of Public.**directed to seek an appraisal and continue discussions with West toward a solution. • • Mr.Bob Engstrom,of Robert Engstrom Companies,then pointed out the adverse impact a delay of this project would have on the Woodlands North project. He said they had made commitments based on these improvements and he would like to see the project move forward. Director of Public Works Colbert said that with approval of the project, bids would theii.:be.:mwpsod.iipt.the City Council would have an additional opportunity to consider the project with the presentation of Ibe tids He said because of the short construction season, it was important to keep the project moving::::;Mayor F4/04 asked if the project would be financially feasible without West's participation considering their portlo n of theestimated total assessments would constitute 50 percent He asked if staff was convinced it would**place a hardship on the City if they were not successful with their negotiations with West City Adiriiiiistrator Ifeciges.said after meeting with West,the issue would be addressed with the Director of Finance for:*::0.:Sioir • ...•.•City Council • Gustafson moved, McCrea seconded a motion to close the public hearing and approve Project 589R, Elrene Road and Trails End Ropd (Streets & Utilities) as presented with the understanding that negotiations considering assessments with all properties would continue and the results of these negotiations would be brought to the City Council with the results of a request for bids. Mr. Ross Fefercorn, developer of.The•:'•W.opdlands, then reiterated the developer's concern for the ................................ installation of these improvements. ....• Aye: 5 Nay. 0 :•.•:• ..:.::::::.:•:•:•:•::::. 4104llaiii• PRELIMINARY*AT/BURRVIEW POND ADDITION Mayor Egan introduced this item as a Preliminary Plat for Burrview Pond Addition/Sander&Co.,Inc., Consisting of 132 Apartment Units on Approximately 13.7 Previously Zoned R-4(Multiple Acres)Located Along the South Side of Highway 55 in the Northeast Quarter of Section 12.• Gustafson moved, Wachter to the June 4, 1991 regular City Council meeting the preliminary plat for Burrview Pond Addit*. Aye: :;S:.:Nay: 0 •••••••• flEMS ......... .•.•.•. •...•.•.• ....... APPROVE 1PLANS ORDER ADVERTISEMENT FOR BIDS (ELRENE&TRAILS END ROADS) • Gustafson moved,Pawlenty seconded a motion to approve the plans and specifications for Contract 91- 03 (Elrene& Trails End Road - Streets & Utilities) and author*:Ahe advertisement for a bid opening to be held at 11:30 a.m. on Friday,June 14, 1991. Aye: 5 Nay: 0 PONINVON4441*0 ...•.-.• .•.•.•.•.• Mayor Egan introduced this item as an Ordinance for the City of Eagan,Amending Eagan City Code Chapter 4,Entitled*Construction Licensing,Permits iik.Regulations,Including Signs, Excavations, Page 7/EAGAN CITY COUNCIL MINUTES .......................... May 23, 1991 ••••- ..-..... and Mobile Home Parks"by Amending Se*On 4.20 Regarding Pitikiment,Erection and Maintenance of Signs, and Adopting by Reference Eagan City Cocle..Chapter 1 and Section 4.99. .::.:::.. .::::.:.:.. .•.•.....•.• Before discussion began on this item.;40kompoei:Niklenty said he had recently become aware that his lawfirm had at times represented Naegele Outdoor Advertising. The Councilmember said because this could possibly be viewed as a conflict of interest,he was excusing himself from discussing or voting on this issue. He said he had outlined the situation in a letter to City Administrator Hedges as soon as he became aware of the possible conflict of interest. The Councilmember then left the City Council Chambers. Director of Community Developme4114410:0411ftat:400 the billboard moratorium was issued,staff used the opportunity to look at the entire sign ordinance not just the ordinance as it relates to billboards. Mr. Runkle said under the proposed ordinance, signs woig:be reguI*1 by type rather than by content. Mr. Mike Cronen, of Naegele Outdoor Ady.e*ing, said his company would be deeply affected by any changes in the sign ordinance. He said his:comi*i.:Iiiiii:A:coli*iproposal for dealing with signs that would allow his company to do what they have dotieiliiih Past••• ii.414.1iiit is to approach the City Council on a case-by- case basis. He said that could not be done under the proposed ordinance. Discussion then turned to the economic impact of restricting outdoor advertising in the City. Because the City is attempting to promote redevelopment in various parts of the City including Cedarvale, there were questions as to what effect the new ordinance would have on signage for those areas. In answer to a question as to whether the new ordinance would eliminate billboards, Director of Community Development Runkle said that existing billboards would fi •tfitin4iitberpd.in under the new ordinance. While the City of Eagan has a lot of freeway frontage, there are only sidii:blibiOaids. It was suggested that the economic value to businesses in Eagan of outdoor advertising could:best be studied:0y the Economic Development Commission. Concerns were expressed that while the new ordiii*e.gookii•:14tiliiiay toward cleaning up sign questions in the City, perhaps it goes beyond what was :.•• McCrea moved,Wachter seconded a motion to continue an amendment to City Code Chapter 4,Section 4.20, regarding placement, erection and maintenance of signs and that the issue be referred to the Economic Development Commission to study the economic impact of the new ordinance on Eagan businesses and that the findings of the Economic Development Commission be returned to the City Council for review and action. Mr. Jeff Evrart, of Naegele Outdii4.;.:AtOOSing;•::SitiO.:**nt in 1985 their company did considerable business in tobacco and liquor advertising; to reduce their company's dependence on tobacco advertising signs and have agreed not to place:kch advertising in the City of Eagan. Mr. Evrart said they could provide information to the City in regard to thijSe Eagakiflerchants who would be adversely impacted by the lack of outdoor advertising. Aye: 5 Nay: 0 PIERMIR YMCA REQUEST After brief introductions by MayoK.4sg::*.:Fity.:Menigistrator Hedges, Mr. Chuck Dorsey, the Chairman of the Eagan Area YMCA Advisi1404******d a number of people in the audience who had served on a committee to explore the likitiOn."Of a Wk in the City of Eagan. He then provided background from the Eagan Area YMCA regarding a request (01":..approximately 21/2 acres within the 40 acre municipal center parcel for construction of an Eagan YMCA. :The proposal further indicated that YMCA facilities would be provided to the City as compensation for the provision of this property. Mr.Roger Schobeck, Page 8/EAGAN CITY COUNCIL MINUTES May 23, 1991 .........•.•.•... ••••.•......•• •• ......... with the Advisory Committee,then described ihe proposed facility In closing,he said the Si Paul YMCA has offered to match funds raised by the EagailAdvisory Committee on a 4 to 1 basis. That would mean that the Eagan community would receive a$3,000,00,farility with only$600,000 in contributions. Mr.Schobeck said the first choice for the YMCA facility is the muiiii**I:center si.te.:::::Wsaid all City facility expansion plans through the year 2010 were taken into consideration. fii:iiagt:a0antagiti.to this site are it was previously preferred by the City for a recreational facility,it is the geograrilkiaNiiiiier of the City,it is a reasonable distance from I-35E allowing for a campus layout and, economically, it is advantageous because of some of the shared facilities, shared parking, etc. The City Council then examined soine:of:tlie.issules4iioze:closely. Councilmember McCrea said that the HUD property,which has been consideiiiiiiiOtOitigiiielai:the YMCA, could be studied to determine what the remainder of the property is worth and whOlieir it is marketable. She said if the property were sold, perhaps the money could be used toward building iiicreationif'facility. Questions were also raised as to concerns regarding the separation of church and state::::•ft was clear after further discussion that the transfer of property to a non-profit organization and the..s40.ili'ultlaciliti0::Or maintenance would have to be carefully addressed before moving forward. Counci*eigiei'Pai4elitiiiiited that the Civil Liberties Union had been watching this issue very carefully. He then asked,if the City proceeded and was sued,who would pay to defend the City? He asked if there could be an indemnity arrangement. City Attorney Mike Dougherty said the YMCA's request was in the initial stages and had not yet developed to that extent;however,all such issues would be addressed. The Councilmember also asked City Administrator Hedges about any concerns for City Hall expansion beyond the year 2010. In addition, he asked if the City survived a secular purposes test, whether enforcement of that test should be a condi*::of.the arrangement with the YMCA. Mayor Egan had a similar question and asked what kind of operational:CailOO*Woulil have to be in place to monitor the secular purposes requirement. City Attorney Mike Dougherty said aliStigiie**:should not have to be monitored any more than for any other type of operation. The City Cowie)" agreed.tliiianswers to these and other related questions would have to be researched before any further iii*on.couglie:4ken. Pawlenty moved, Wachter secondeit.OiliitiOil to continue to the July 2, 1991 regular City Council meeting a request by the Eagan Area YMCA for a City commitment to provide sufficient property (approximately 21/2 acres) for the siting of the Eagan YMCA on the municipal center complex property. Aye: 5 Nay: 0 TRANSFER/MULTI-FAMILY HOUSING REVENUE BONDS goy44:940:01044: Mayor Egan introduced this item as a resoluOon authorizing the execution of certain documents in connection with the foreclosure of and transfer of title:.*.the Royal i Oaks Circle Apartment Project. ....... Because of questions raised by the Director of kliance,diafson moved,Wachter seconded a motion to continue to the June 4,1991 regular City Council meeting the resolution authorizing the execution of certain documents in connection with the foreclosure of and transfer of title to the Royal Oaks Circle Apartment Project. Aye: 5 Nay: 0 VARIANCE TO SETBACK/DAVID 11i;:VINDA SMITH PRETIYMAN HEIGHTS ADDITION Mayor Egan introduced this item ai:iklitiiiii*:01::kiyi040 Linda Smith of 10'to the Public Right-of- Way Setback of 30',Lot 1,Block 1,PrettymitilliiigliAilikiiii:ifiiiector of Community Development Runkle described the application and its location. He said there were s!zeet.s on three sides of the lot and a variance was necessary in order to meet the development's covenants for squire footage. He said no objections had been received from the neighbors. • Page 9/EAGAN CITY COUNCIL MINUTES May 23, 1991 I, r Mr. David Smith, the applicant, saJ his closest neighbOt'.?../as across Skyline Drive approximately 300 way. He said when he bought the'tfr:operty, the covenants'erroneously said the setbacks were 20 feet. When he found the setbacks were greater than anticipated,the house had to be redesigned in an attempt to stay within them. ...•.•.•. •••••••••••••• ...:•:::.:.:•• Wachter moved, Gustafson seconded a ØaJ a variance for David and Linda Smith of 10 feet to the public right-of-way setback of 30 feet on Lot 1, Block 1, Prettyman Heights Addition subject to the following conditions: 1. The driveway access shall 4c•fralu:S.kyliac..coRkt•::: 2. All other applicable City code reqiirements shall be met. Director of Community Development Runkle ilid this Cat is unusual in that the lot has right-of-way on three sides, all of which are subject to 30 foot minimum sett**. Aye: 3 Nay: 2 (McCrea and Pay.104) -. DEVELOPMENT AMENDMENT/SIGNAGE PLAN RAHNCLIFF CROSSINGS Mayor Egan introduced this item as a Planned Development Agreement for Bradbury Group Inc. to Allow Signage Modification to the OveralLSign..Plan for Rahncliff Crossings Planned Development Located Along the South Side of Cliff Road in the Northwest of Section 32. City Administrator Hedges said this item had been considered at the last AdvisoCY'Plaiiii*inamission meeting and they had recommended approval. .......• •.•:•:•:•:•::::: Director of Community Development,giiiot*Od:tii .original sign plan for the Rahncliff Crossings planned development was approved in 1988:-..r.*Ci:....i6U,the location of the Burger King sign has been at issue and a cash escrow is still being held for moving that sign. Mr. Runkle said that this shopping center has been experiencing financial difficulties and the changes being proposed are an effort to improve visibility for this center and, in turn, improve its economic situation. Mr. Runkle said it was originally proposed that the canopy and signage area be extended to the side of the Rahncliff Crossings building facing Cliff Road, however, extension of the canopy was dropped because it proved to be financially impractical. Mr.Dan Jones,of the Bradbury Uheth in the Rahncliff center were experiencing financial difficulties and the proposed changes to the sigu plan were felt to be significant for the benefit of the tenants. He said they were encouraging the tenants togay and bdd the improved visibility would boost sales •.•..... in the center. McCrea moved, Gustafson seconded a motion to approve the planned development agreement for Bradbury Group,Inc.for modification to the overall sign plan for the Rahncliff Crossings Planned Development. Aye: 5 Nay: 0 PRELIMINARY PLAT/VENTANA DEVELOPMENT CORPORATION CLIFF Lgg.cgmg.Agp.0prrioN Mayor Egan introduced this item Ventana Development Corporation/Cliff Lake Center 3rd Addition Which Consists of 208 Apartment:Lfoits Within the Eagan Hills West Planned Development Located Along the North Side of Cliff Lake Drive-;:iiiithe Southwest Quarter of Section 29. ......... Page 10/EAGAN CITY COUNCIL MINUTES May 23, 1991 ......•..•.,.•.•.. Director of Community Development Runkle described::the project and its location. He said this item had been heard by the Advisory Planning...Commission at their.April 23, 1991 regular meeting and they had recommended approval. In regard to condi*ips attached to tbe:.4evelopment,Condition #3 shall be qualified to mean that underground irrigation systenii:00.§ .proyid4iii..maintained areas. Mr.Jim Stirton, of Ventana Development.,..iliiii..taitlined their proposal for this property. He said the homes would be oriented to the ponds on the property and the adjoining park. Each of the 13 buildings will be two stories in front and three stories in back with sixteen units per building. Mr.Stilton said the project would be built in two phases, the first with 112 units and the second with 96 units. In answer to a question from the Council regarding trees on the property,Mf..... tirtclysal44:t4.1.3mtior trees,117 will be saved with 35 significant trees being lost Mr.Runkle said the revisediaidtiatkgaiiiiidbein submitted and staff was in agreement with the plan. In addition, parking spaces equal to 200 tieteent plUa.:13 are being provided on-site. One indoor parking space per unit is being tied to conditions for the projeciiii.order to assure sufficient on-site parking. .•.. Mr. Ken Tyler, of 4346 Fox Ridge.coarg."a4ed.tbat:Oe.City Council consider conditions regarding screening between the apartments and the.aiaitie:tiiiiiilY:404..t.:44 well as a guarantee to repair the pond that lies between Mr.Tyler's property and the apartment complex should it be damaged during construction. Mr. Stirton assured the City Council that this pond would not be touched during construction and fencing and screening are being planned between the buildings and the parkland. Additional discussion then took place regarding methods by which the concerns of the homeowners could be protected without placing the City in the role of mediator. • Gustafson moved, Egan seconded atii***:20:vprove a preliminary plat for Ventana Development Corporation for Cliff Lake Center 3rd Addition consisting o apartment units located within the Eagan Hills West Planned Development and subject to the following conditions . .....:•:•:•:•:•:••••• ...• ...•.•.•.•.•.•.•.•.•.•:•• .................... 1. These standard conditions of pl#400al•ii'adopted by Council action on July 10, 1991 shall be complied with Al, Bl, B2, B4, Cl, C2, C4, C5, D1,El, Fl, Hl. 2. Trash and recycling containers shall be stored inside the building. 3. An underground irrigation system shall be provided in maintained areas. 4. All signage shall meet Sign Code regulations and be responsible for the one-time sign fee of $2.50 per square foot. 5. One indoor parking stall ihiatti*:*444.04:.:Oth:t40 rent. 6. Additional landscaping final plat submission that emphasizes screening along Cliff Lake Drive and Rahn Road;::: Screening shall also be provided between the apartment buildings and adjaceni:iropertier:;::*rigation shall be required. 7. The development is required to subQ*it detailgiplans and specifications of the proposed retaining wall construction for staff faiiiew priot::kii grading permit issuance. 8. The development will be responsible for any damage done to the City's existing trunk sanitary sewer as a result of the development's activities. 9. This development will be required to provide ponding in accordance with the City's Storm Water Management Plan and Water Quality Management Plan standards. 10. The internal sanitary sewer and water main li!tmtir that serve just one lot shall be privately maintained. 11. The proposed access relocation. pi. s.t..occqr4.onto Cliff Lake Road shall include center median reconstruction an4:.:014:*ttiP.:**:<ipening to serve the property to the south. The new access shall be a lanes. 12. The developer receive 3.1 acres credit for Outlo4A& B to be dedicated to the City for parks purposes. ...•.•.•. ......... Page 11/EAGAN CITY COUNCIL MINUTES May 23, 1991 13. Based on the Eagan Hills;:West Planned Devek pment Agreement, the developer shall pay a cash to land dedication foi/the difference betweentbe 5.67 required and the 3.1 acre dedication. 14. The developer shall construct an 8' wide bituminous trail from Cliff Lake Drive to the south property line of the Highlitie:'rail.Corridof::::::::> 15. The developer shall provide 15'44.gCiW: asement for this pedestrian corridor. 16. The developer shall improve Poads'A andli and AP-22 subject to the following requirements: a. either lower the HWL of AP-22 below the Highline Trail or reconstruct the trail above the 100 year frequency elevation. Also,they are asked to revise the bottom contours to the northern cell of Pond AP-22, providing for open water and a shallow area of wildlife. b. to revise the south siolii :of#iiie:8vifi:cell of Pond AP-22 eliminating the lineal channel. 17. The development will be required tt'petition &e.:City to vacate the extra ponding easement areas around Ponds AP-23 and AP• 4.prior to:fMal plat approval. 18. The development shall add.a.connedlon,frctm.:the proposed water main serving Lot 2 to the existing 12"water main in:;ih:*aiheast orner of the lot to improve looping. 19. An emergency overland outlet from the low point on Rahn Road shall be constructed through the site to Pond AP-24. 21. The developer will be responsible for the restoration of any y disturbed land outside of the construction limits identified on the erosion and sediment control plan. Aye: 5 Nay 0 *.O3 . . AUTHORIZE:No PARKING SIGNS ASHBURY:ROAD:6'BLUE CROSS ROAD After brief introductions by Mayor Egan and City Administrator Hedges, Director of Public Works Colbert said a letter had been received from neighboring property owners requesting consideration of the installation of no parking signs on Ashbury Road near the intersection of Blue Cross Road. Mr. Colbert said concerns about parking restrictions had been raised by the Parks Department because of park activities in the area, from the police regarding enforcement:espec ly:where.;residents can't park on their streets, and from Public Works from a traffic circulation staadj oiiit::<i a said:stal 'was recommending continuance of this item to further evaluate this request as well as the possibility of removing or rescinding some of the on-street restrictions for Blue Cross Road. He said originally Blue:Cross had requested the no on-street parking to force employees to park in their parking lots. Mr.Colbert said this re4Uitst could still be honored by restricting on- street parking during certain hours. Mr. Colbert said staff would ill a to come back to the City Council with more specifics as to where they would recommend changes in existing parking restrictions and would request authority to post additional restrictions on Ashbury Road. In this same vein,Mr. Colbert asked whether all restrictive parking requests should be brought to the City Council for formal action or whether staff should evaluate the.requests and handle them administratively. He said Council could be made aware of such administrative ac4iin6 and then if questions or problems arose, they could be brought to the City Council for review, It was.generally agreed by the City Council that it was more an administrative function and recd enc d lb*t;:a:: . ...: :::drafted for review by the City Council. Pawlenty moved, Gustafson seconded a motion to coati ue consideration of parking restrictions on Ashbury Road from Blue Cross Road to the east as necessary ti i;pirovide safe traffic movement. Page 12/EAGAN CITY COUNCIL MINUTES :•::•:•:• ............................ May 23, 1991 ► After further review and consideration,the preceding mist iim was withdrawn and a new motion placed in its stead. Pawlenty moved, Gustafson seconde4::a motioa;:tt ::i ect staff to draft a written policy regarding administrative handling of all future requests for parking:rc idions with the understanding that the City Council would be apprised of each action and would consider review if exception is taken to that action. Aye: 5 Nay: 0 PMFNIngitrItigiNIM WAIVER OF DEVELOPMENT FEES/PAT&JOHN TODD • Mayor Egan introduced this item as a Request.for the Waiver of Development Fees/Pat and John Todd, 731 Golden Meadow Road. Director of Community!D:evelopme :t)irector Runkle said the request before the City Council was somewhat similar to a request:m de b residents in the Hoeft Addition. Mr.Runkle said staff was proposing that the Todd's pay the application costs.pitis:staff time but no additional fees. He said such action would make the transfer of property easier on existing residents. City Administrator Hedges said the Hoeft Addition mentioned by the Director of Community Development was a landlocked parcel addressed previously by the City Council. Mr. Hedges said the parcels in question at this meeting were not landlocked and could be developed if the residents so desired. He said a number of questions had arisen regarding.04.1014e,.such as,should there be any consideration for fees,would this action increase the value of all the properties;:tir:should there be some consideration to the City in lieu of some of the fees recommended to be waived? City,Ad>iiiniskiat< Hedges said the City Council may wish to look at a public policy for landlocked parcels versus tbtise that have.access and could be developed in the future. In answer to a question from Councilme ibei::Pawlenty,Director of Community Development Runkle said the$1,500 escrow account should be suffi4eafte cover the cost of the final and preliminary plat application fees. McCrea moved, Gustafson seconded a motion to approve the request by three property owners,who are owners of Lots 8,9 and 10,Block 2,of the Overview Estates Replat Addition,to waive normal development fees, except preliminary and final plat application.fe,..and Abe. $1,500 preliminary plat escrow fees, for the purpose of replatting their property in an outict:that is c net tly::ovined by the Dakota County HRA into three larger lots with no plan to subdivide or redevelop the propei t?:Aye: 5 Nay. 0 RESOLUTION/POND ACQUISMON Gustafson moved,Wachter seconded a motion to approvi ii:resolution settling a pond acquisition issue with Don and Betty Sandberg in the amount of S42,000. Aye: 5 Nay: 0 • IMPACT STUDY/MSP RELOCATION Wachter moved,McCrea seconded a motion to approvelOding for a study of the transportation and socio-economic impacts of the relocation of the Minneapolis St:::Pahl International Airport terminal. Aye: 5 Nay: 0 MOWN Wachter moved, Egan seconded a motion to approve tii t]tecklist of May 21, 1991 in the amount of S1,358,859.16. Aye: 5 Nay: 0 Page 13/EAGAN crry COUNCIL May 23, 1991 ••••••••• The City Council adjourned the miiO4..at 1112 pm ICF CITY OF EAGAN 'Jr VanOybke :•:•:•••••••••••••••••••••:•:•:•:•:•:•:•:•-••••:•:•:::::::::: -.*••••••.*:**:•.:*??:•-•:•••••:.••••<.:.:**••••••• Citf:tlerk ::•••• . • -• .•:•:•:•:::•:•:•: ..•.•.• •.•.-.• ....•.• .•..•.• -• ••.. .. •• •• :•• JAMES P.LARKIN LARK IN, HOFFMAN, DALY & T INDGR N-, LTD. ALAN BL.KILDOWTT /. JOBERT L.HOFFMAN �J 111.11 1 1, IV L 1 LJ�, L11V L1 lJ 1.1`1 J_�111 777 JACK F.DALY KATHLEEN M.PICOTTE NEWMAN D.KENNETH LINDGREN WENDELL R.ANDERSON ATTORNEYS AT L..AW MICHAEL B.LE BARON GREGORY E.KORSTAD GERALD H.FRIEDELL AMY DARR GRADY ALLAN E.MULLIGAN CATHERINE BARN ETT WILSON. ROBERT J.HENNESSEY JEFFREY C.ANDERSON JAMES C.ERICKSON 1500 NORTHWESTERN FINANCIAL CENTER 2000 PIPER JAFFRAY TOWER DANIEL L.BOWLES EDWARD J.DRISCOLL TODD M.VLATKOVICH GENE N.FULLER 7900 XERXES AVENUE SOUTH 222 SOUTH NINTH STREET TIMOTHY J.McMANUS DAVID C.SELLERGREN LISA A.GRAY RICHARD J.KEENAN BLOOMINGTON,MINNESOTA 55431 MINNEAPOLIS,MINNESOTA 55402 GARY A.RENNEKE JOHN D.FULLMER THOMAS H.WEAVER ROBERT E.BOYLE TELEPHONE 1612)835-3800 TELEPHONE 16121 338-6610 SHANNON K.McCAMBRIDGE FRANK I.HARVEY GARY A.VAN CLEVE CHARLES S.MODELL FAX 1612)896-3333 FAX (6121 336-9760 MICHAEL B.BRAMAN CHRISTOPHER J.DIETZEN GAYLEN L.KNACK JOHN R.BEATTIE JULIE A.WRASE LINDA H.FISHER CHRISTOPHER J.HARRISTHAL THOMAS P.STOLTMAN NORTH SUBURBAN OFFICE SHARON L.BRENNA STEVEN G.LEVIN MARIKAY CANAGA LITZAU MICHAEL C.JACKMAN 8990 SPRINGBROOK DRIVE,SUITE 250 TIMOTHY J.KEANE JOHN E.DIEHL WILLIAM C.GRIFFITH,JR. JON S.SWIERZEWSKI COON RAPIDS,MINNESOTA 55433 THEODORE A.MONDALE THOMAS J.FLYNN JOHN J.STEFFENHAGEN JAMES P.OUINN TELEPHONE 16121 786-7117 DANIEL W.VOSS TODD I,FREEMAN MARK A.RURIK STEPHEN B.SOLOMON FAX 1612)786-6711 JOHN R.HILL PETER K.BECK JAMES K.MARTIN JEROME H.KAHNKE STEVEN P.KATKOV SHERRILL R.OMAN THOMAS J.SEYMOUR GERALD L.SECK MICHAEL J.SMITH JOHN B.LUNDQUIST RENAY W.LEONE DAYLE NOLAN" FREDERICK K.HAUSER III THOMAS B.HUMPHREY,JR. Reply to Bloomington MARY E.VOS MICHAEL T.McKIM LOREN A.SINGER CHARLES R.WEAVER HERMAN L.TALLE VINCENT G.ELLA ANDREW J.MITCHELL OF COUNSEL JOHN A.COTTER. JOSEPH GITIS BEATRICE A.ROTHWEILER RICHARD A.NORDBYE DAVID J.PEAT May 29 , 1991 K ALSO ADMITTED IN WISCONSIN Mr . Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Ms . Elizabeth Witt Administrative Assistant City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Re : Proposed Ordinance Relating to the Sale and Display of Tobacco by Retail Merchants Dear Mr. Hedges and Ms . Witt : I am writing on behalf of my clients the Minnesota Grocers Association and particularly those members of the Association who are merchants in your community. The Grocers Association and their members are in agreement with the goal of keeping cigarettes out of the hands of minors . I am enclosing for review by the Eagan Council members and staff copies of materials developed in connection with the " Its the Law" program sponsored by the Minnesota Grocers Association, the Minnesota Retail Merchants Association, and the Northwest Petroleum Association . The Grocers Association and its members in your community hereby offer to work with the City and its law enforcement officers toward the end of keeping cigarettes from minors . We would appreciate being advised promptly of any incidents of illegal sales . As you know, the State has adopted very strict laws to punish those who illegally sell cigarettes to minors . We support enforcement of those laws . In addition, we would appreciate any information which the City has with respect to theft of cigarettes from member merchants . LARKIN, HOFFMAN, DALY 8. LINDGREN, LTD. Mr. Thomas Hedges May 29 , 1991 Page 2 We do, however, disagree with the proposed ordinance which purports to deal with illegal sales by imposing restrictions on the location and display of products which can be sold legally. Since the sale of cigarettes requires affirmative action on the part of the clerk , their location in the store on shelves, as opposed to behind the counter, is not of any demonstrated significance with respect to their sale . Moreover, our Association members are very diligent in their efforts to prevent shoplifting . It is in their own interest to be so. With respect to the display aspects, we believe regulation in that area is preempted by Federal law. I appreciate your willingness to understand our client' s position in being ready to cooperate in accomplishing a legitimate end , but at the same time , their concern at being made the target of misdirected means . The ordinance has a punitive economic affect on those merchants who are forced to remodel portions of their store in order to meet its requirements . In the case of some of those merchants who use checkout lines , such remodeling would be a major project. My clients and I look forward to the opportunity of working with you in a constructive manner . At the hearing scheduled for June 4 , 1991 , Mr . Joel Hoiland , President of the Minnesota Grocers Association, and a former high school teacher and coach who has been active in promoting the " Its the Law" program, and three or four managerial representatives from stores in the community will speak and perhaps a representative of the Northern Dakota County Chamber of Commerce as well as myself . We will keep in mind your requirements that presentations be brief and to the point. Thank you for your kind attention in this matter. Si erely c of 1 tames P. Larkin, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd . JPL:keg :KT6s Enclosures cc: Mr . Thomas Egan Mr . David Gustafson Ms . Pamela McCrea Mr . Ted Wachter Mr. Timothy Pawlenty Mr. James Sheldon Mr. Joel Hoiland Mr. John Olson PART OF THE MINNESOTA GROCERS ASSOCIATION REGULATORY SERIES Ism MIMI Tobacco, Alcohol and Lottery Mow w = Ticket Sales Guidelines 533 Sr.CL AIR AVENUE Sr.PAUL,MN 55102 (612)228-0973 OR 1-800-328-4827,ncr.1892 FAX:(612)228-1949 Overview While it is common knowledge that it is illegal to sell Here are three general guides to alcoholic beverages to persons under 21 years old, effectively deal with checking ID's: most states also have laws which prohibit the sale of tobacco products and lottery tickets to persons under 18 years old. 1. When in doubt, check it out. There are obvious cases where no identification is Until recently,law enforcement agencies and retailers needed. However,give the 21 year old drinking age often ignored these laws. Changing public attitudes laws and the 18 year old law for the purchase of towards tobacco use in particular has led a number of tobacco or lottery products,there may be many cases states,including Minnesota,to bolster their laws where age is a question. Don't try to guess the prohibiting the sale of tobacco products to minors. customer's age if you aren't sure--there's too much at stake. Grocers and convenience store operators have been popular targets for"sting"operations where local Clerks convicted of selling tobacco to minors in police have sent minors into stores to try and pur- Minnesota can face up to one year in jail,a$3,000 fine chase these products illegally. Employees,managers or both. State law also has penalizes for clerks selling and owners alike can face major legal trouble not to alcoholic beverages to minors. Managers and/or mention bad publiicity. owners can also face major legal difficulties as well. 'The customer is always right"is an old retailing When in doubt,check it out. axiom. Sometimes,though,the law dictates other- wise. 2. Be polite and courteous. These guidelines are intended to provide clerks, While it may be uncomfortable for an employee to managers and owners with some ideas on how to check a customer's ID—especially if the clerk is handle these situations which can often be uncom- underage himself or herself—confrontations can often fortable for customers and employees alike. be avoided simply by asking the customer politely for his or her ID. A rude or obnoxious approach invites a customer relations problem. If the customer cannot (or will not)provide you with proper ID,DO NOT MAKE THE SALE. A Special Note: 3. If a difficult situation arises, don't be Over the years,many stores have allowed the sale of afraid to seek help. alcohol or tobacco to minors who have a note from a Most customers above the legal age will comply with parent. While some feel this practice is good for a request for ID. Customers who aren't old enough to business,it is also;illegal. buy these products will often be the ones who attempt to make a scene or intimidate a clerk into Under no circumstances does a note from a parent making a sale. Unfortunately,too many clerks will remove the risk of being prosecuted for selling bow to the pressure and make the sale to avoid tobacco,alcohol or lottery tickets to minors. further conflict. If you have any questions or would like a copy of the Don't be threatened or intimidated. If other employ- Attorney General's opinion regarding employee ees are available,ask for their help. Check your liability,contact MGA. store's policy on how to deal with this type of situa- tion—preferably before it happens. EMPLOYEES AGREEMENT OF UNDERSTANDING We have reviewed the information on the previous page regarding the sale of alcohol, tobacco and lottery tickets to minors. As employees, we understand the following: 1. We will not sell tobacco products or lottery tickets to persons under 18 years old nor will we sell alcoholic beverages to anyone under 21 years old. If the person appears to be close to the minimum age, we will ask for ID. If there is any doubt about the person's age,we will not make the sale. 2. We will not knowingly sell any of these products to any adult for use by individuals under the legal age. If we believe this is happening, we will not make the sale. Name Date A s.; _L Q) " ..., `n .'_'y ,�, 5 ° C� .. Q.) .- „. x 4 u s--, s. s-i O v u a) 4- s_) " u ct '.-0 , ° R x; � _ — O O co a CU U ° °T a, , C an ° � 0 1.) U v o • U •0 ° 6 ,-, Q z 7 O ,. ' ,. a) Q O U o , O u o o - u o p H o 1I . O a) Q s O L V �u O t * ,., 1., ' c O O ,. CJ U o U V cC tcl o n ,y1, , x o � 7, m u ,, W ° . o c� ,. 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