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05/23/1991 - City Council RegularFIIIIMMilliggillailamam AGENDA RF.GULAR MEETING EAGAN CITY COUNCIL KAGAN, MINNESOTA MUNICIPAL CENTER BUILDING THURSDAY, MAY 23, 1991 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. FIRE DEPARTMENT (7. t 1. Fire Explorer Post Awards IV. 6:55 - CONSENT AGENDA (PINK) A. PERSONNEL ITEMS 10.4 B. EXTENSION to Record Final Plat, Town Centre 100 - Eighth Addition 1 g C. APPLICATION for Exemption from Lawful Gambling License - Valley View 4-H Club, 4th of 1 July Celebration • O D. LICENSES, Plumbers , '0 E. DECLARE Surplus Items for Public Auction, June 1, 1991 l\ F. AMENDMENTS, 1991 City Code, Municipal Codifiers Q ikG. STREET NAME CHANGE, Becker Road to Opperman Drive `. vg H. CONTRACT 89-12, Final Payment/Acceptance, Northview Tennis Courts f.70jI. CONTRACT 90-2, Final Payment/Acceptance, Park Shelter Buildings 32..J. REQUEST for July 4th Celebration Appropriation 0.351. PROJECT 600, MnDOT Cost Participation Agreement (T.H. 149 & Becker Road) V.31 L. PROJECT 600, MnDOT Cost Participation Agreement (T.H. 149 & Becker Road) , M. CONTRACT 90-13, Change Order #1 (JP-67 Water Quality Pond - Sidewalks) r 3g N. PROJECT 578, Resolution and License Agreement with Chicago & Northwestern Railroad (Sibley Terminal Industrial Park - Storm Sewer) O. PROJECT 608, Receive Report/Order Public Hearing (Eagandale Center Industrial Park - P• 3rd and 4th Addition - Overlay) ` P. VEHICLE #142, Receive Bids/Award Contract (Dump Box, Sander & Plow Attachment) 1 ,4 PROJECT 466, Settlement Agreement, Assessment Appeal (Nelson) t{ PROJECT 615, Authorize Feasibility Report (Meadowview Road - Streets & Utilities) r V. 7:00 - PUBLIC HEARINGS (SALMON) i'1 .41,A. PROJECT 589R, Elrene Road and Trails End Road - Utilities & Street Reconstruction VI. OLD BUSINESS (ORCHID) n,T tA. PRELIMINARY PLAT, Burrview Pond Addition/Sander & 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 1/4 of Sec 12 VILpB. ORDINANCE Amendment, City of Eagan, Amending Eagan City Code Chapter 4, Entitled Q• "Construction Licensing, Permits and Regulations," Including Signs, Excavations, and `` Mobile Home Parks" by Amending Section 4.20 Regarding Placement, Erection and Maintenance of Signs, and Adopting by Reference Eagan City Code Chapter 1 and Sec 4.99 VII. NEW BUSINESS (TAN) tt 3A. Eagan Area YMCA Request (3B. RESOLUTION Authorizing the Execution of Certain Documents in Connection with the P,( Foreclosure of and Transfer of Title to the Royal Oak Circle Apartment Project '��C. 1 VARIANCE, David and Linda Smith, of 10' to Public Right-Of-Way Setback of 30' , Lot 1, P' Block 1, Prettyman Heights Addition, Sec PLANNED DEVELOPMENT AMENDMENT, Bradbury Group Inc, to Allow Signage Modification to the Overall Sign Plan for the Rahncliff Crossings Planned Development Located Along the South Side of Cliff Road in the NW 1/4 of Sec 32 P ( . PRELIMINARY PLAT, Ventana Development Corporation/Cliff Lake Centre 3rd Addition, . Consisting of 208 Apartment Units on Approximately 23 Previously zoned R-4 (Multiple) Acres Within the Eagan Hills West Planned Development Located Along the North Side of Cliff Lake Drive in the SW 1/4 of Sec 29 VIII. ADDITIONAL ITEMS (GOLD) A. CONTRACT 91-03, Approve Plans/Order Advertisement for Bids (Elrene Road/Trails End Road) P .y4 B. REQUEST for No Parking Signs - Ashbury Road at Blue Cross Road 1 IX. ADMINISTRATIVE AGENDA (GREEN) R. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 17, 1991 SUBJECT: AGENDA INFORMATION FOR MAY 23, 1991 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE Mr larIES After approval is given to the May 23, 1991 City Council agenda and regular minutes for the May 7, 1991 meeting, the following items are in order for consideration. DEPARTMENT HEAD MIMS A. FIRE DEPARTMENT Item 1. Fire Explorer Post Awards--Enclosed on pages a_through.,3 are memos from Fire Chief Southorn acknowledging a Fire Explorer Post Award and a Fire Explorer Award, both received for outstanding performance from the Indianhead Boyscout Council. The Eagan Fire Explorer Post recognition is for outstanding achievements during the first year of existence,more specifically,recognized for"excellence in firefighting exploring". The other award is for Nick Taylor, an Explorer,who administered the dispatch office at the fire station during a recent storm that resulted in Eagan fire personnel responding to ten (10) separate calls in a time period of approximately 15 to 20 minutes. ACTION TO BE CONSIDERED ON THIS ITEM: Recognize Nick Taylor for his outstanding achievement in receiving the Fire Explorer Award from Indianhead Council and further recognize post personnel and advisors for their accomplishments in being recognized for "excellence in firefighting exploring" by Indianhead Council. SPECIAL NOTE: Please note the honor and recognition Nick Taylor will receive at the City Council meeting is a surprise. For anyone reading this memo, Mayor Egan and Fire Chief Southorn will announce Fire Explorer Award and ask Nick Taylor to come forward and receive this special recognition. Eagan Fire Department TO: Tom Hedges, City Administrator FROM: Ken Southorn, Fire Chief DATE: May 15, 1991 RE: FIRE EXPLORER AWARD One of our Explorers has received one of four awards for outstanding performance from the Indianhead Council . Last summer Eagan was struck by a severe storm which caused widespread damage and extensive flooding in the area. This storm resulted in Eagan Fire responding to ten separate calls in a time period of approximately 15-20 minutes. Nick Taylor moved into the dispatch office at the fire station and very aptly handled the majority of the dispatch duties for those storm-related calls. His ability to sort out data/information coming from five separate stations, 8-10 pumpers, two rescue trucks and two battalion Chiefs and maintain accurate records and a professional composure has earned him this award. Action: Recognize Nick Taylor for his outstanding achievements. KRS/tp MTaylAwd.KRS V 3795 Pilot Knob Road • Eagan, Minnesota 55122 • (612)454-5274 Eagan Fire Department TO: Tom Hedges, City Administrator FROM: Ken Southorn, Fire Chief DATE: May 15, 1991 RE: FIRE EXPLORER POST AWARD This month the Eagan Fire Explorer Post was recognized for their outstanding achievements during their first year of existence. The Post was recognized for "Excellence in Fire Fighting Exploring. " This award was one of only four such awarded by the Indianhead Council . The members of the Post have developed their organization, established bylaws and established a set series of training sessions and business meetings. Among their many accomplishments, the Fire Explorers have: • Participated in numerous fire prevention activities. • Assisted at KARE 11 Health Fairs. • Trained in basic search and rescue techniques in a smoke- filled environment. • All members have successfully completed the Minnesota EMS First Responder course including CPR techniques. • Four of our members are certified CPR instructors. • Trained in Fire Department dispatch techniques. Thanks and credit for these accomplishments are in order for the officers of the Post: Chief Heather Hom Captain Jarred Hom Lieutenant Jennifer Lacey and to the advisors: Co-advisor Dale Nelson Co-advisor Ron Meyers Co-advisor Tim Denman and to the many Eagan fire fighters who have assisted with training, tours and other Post activities. Action: Recognize Post personnel and advisors for their accomplishments. KRS/tp MExplAwd.KRS 3795 Pilot Knob Road • Eagan, Minnesota 55122 • (612)454-5274 Agenda Information Memo May 23, 1991 City Council Meeting AGENDA There are sixteen (16) 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 Utility Maintenance Worker-- After interviews, it is the recommendation of Superintendent of Utilities/Buildings Connolly and Utility Supervisors Heuer and Schwanz that Steve Wilke be hired as a seasonal utility maintenance worker. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Steve Wilke as a seasonal utility maintenance worker. Item 2. Seasonal Engineering Aide -- Director of Public Works Colbert and Assistant City Engineer Foertsch are requesting authorization from the City Council to fill the seasonal engineering aide position in engineering. The position is provided for in the 1991 budget. The position is essential to provide efficient, cost effective operation of the engineering division. Not only would the person in this position spend approximately 50% of his/her time on activities that are reimbursable to the City, he/she would also perform the less complex engineering tasks for the division, allowing the City's engineering technicians to spend more of their time on more complex reimbursable activities. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the filling of the seasonal engineering aide position. Item 3. Seasonal Recreation Staff -- After interviews, it is the recommendation of Recreation Supervisor Nowariak that the following persons be hired as summer seasonal recreation workers: Kristi Edlund, Holly Confer, Lei Lani Dick, Paula Eaves, Terrence Flynn, Britta 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, Amanda White, Heather Kjos, and Eva Literault. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Kristi Edlund, Holly Confer, Lei I ni Dick, Paula Eaves, Terrence Flynn, Britta Gilbert, Shannon Haugh, Lynne Hockford, Melanie Mesko, Kathy McNeil, Aimee Muchlen, Christine Schultz, Shannon Stire, Julie VandeWalker, Kristin Weeklund, Sheila Haugh, Krista Murtfeldt, Agenda Information Memo May 23, 1991 City Council Meeting Rebecca Peglow, Jill Gruenke, Robin Stubblefield, Kimberly Larson, Amanda White, Heather Kjos, and Eva Literault as seasonal recreation staff. Item 4. Informational/Seasonal Utility Maintenance Worker -- Due to the resignation of a seasonal utility maintenance worker, it was necessary for City Administrator Hedges to approve the hiring of Mark Dornseif as a seasonal utility maintenance worker. This item is informational. No action is needed. Agenda Information Memo May 23, 1991 City Council Meeting EXTENSION/FINAL PLAT/TOWN CENTRE 100 - EIGHTH ADDITION 1Bxtension to Record Final Plat, Town Centre 100 - Eighth Addition—Enclosed on page you will find correspondence from Ventana Development requesting an additional 30 day extension of their final plat for recording to permit closing of the financing on their project. Final plat for this addition had previously been extended to May 19, 1991. The developer indicates that while negotiations on financing have been completed, the closing will take place within the next month and that the closing is necessary prior to recording of the plat. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an additional 30 day extension of the final plat for Town Centre 100 - Eighth Addition to June 19, 1991. I (.0 - 9 } MOJJ __.15 : 29 VENTANA DEV P . 02 E May 13, 1991 Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, Minnesota USA 55121 Dear Sirs and Madams: RE: TOWN CENTER 100 EIGHTH ADDITION On April 16, 1991 the council granted us an extension to the statutory recording date of the above final plat until May 19, 1991. We request herein your further consideration for an extension for an additional 30 days as we ue at the paint of obtaining the necessary funding for the project and will miss the deadline by a couple of weeks. It was felt that the first extension was more than sufficient time to conclude negotiations, with our project financing institution, and then have the plat recorded. This goal was not realized due to the excess due diligence undertaken by the lender due to the economic recession which took a great deal of time to overcome. We arc pleased to advise that these negotiations arc now complete and that we have ex tended a firm financing commitment and are waiting advice of a closing date. The closing is to take place within 4 weeks and we will have recorded the plat by this date. We trust that you will grant us this last extension in order to allow us to fund the project expeditiously. We thank you for your patience in this regard, and we are aware of your continued co-operation. Yours truly, VENTANA DEVELOPMENT CORPORATION PER 1ihD1 JAMES S. STIRTON, LARCH,M.R.A.LC. VICE-PRESIDENT JSS/ka VENLWA DEVELOPMMlTCORPOR OV•916 Gr evenorMoue• Winnipeg•Ma Nobo R3M OM•taxi 462.9603 Agenda Information Memo May 23, 1991 City Council Meeting GAMBLING LICENSE EXEMPTION/VALLEY VIEW 4-H CLUB C. Application for Exemption from Lawful Gambling License - Valley View 4-H Club, 4th of July Celebration--An application has been received of the Valley Viewers 4-H Club for an exemption of the lawful gambling license requirement for a non-profit agency to permit bingo to be played at Rahn Park on July 2, 3 and 4 as a part of the Eagan 4th of July celebration. The application has been reviewed by City staff and is in order for consideration by the City Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an application for exemption from a lawful gambling license - Valley View 4-H Club, 4th of July Celebration. PLUMBERS LICENSES D. Licenses, Plumbers--City Code requires licensing of plumbi contractors operating in the City of Eagan on an annual basis. Enclosed on page j you will find a list of plumbing contractors whose applications are in order for consideration by the City Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. PLUMBERS LICENSES May 23, 1991 1 . A Handy Plumbing Corporation 2 . Alpha Mechanical 3 . Burnsville Electrical/Mechanical 4 . Hiltner Plumbing & Heating 5. McGuire Mechanical Services, Inc. 6. Palma Plumbing & Heating Agenda Information Memo May 23, 1991 City Council Meeting DECLARE SURPLUS ITEMS/PUBLIC AUCTION E. Declare Surplus Items for Public Auction, June 1, 1991--A public auction will be held on June 1, 1991 to auction unclaimed bicycles and other miscellaneous items. ACTION TO BE CONSIDERED ON THIS ITEM: To declare the designated items as surplus property for disposition at the public auction on June 1, 1991. O Agenda Information Memo May 23, 1991 City Council Meeting AMENDMENTS/1991 CITY CODE/MUNICIPAL CODIFIERS F. Amendments, 1991 City Code, Municipal Codifiers--Staff has not had an opportunity to review the proposed ordinance changes and is recommnedning a continuance to the June 4, 1991 City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the continuance for consideration of the ordinance amendments to the June 4, 1991 City Council meeting. STREET NAME CHANGE/BECKER ROAD TO OPPERMAN DRIVE G. Street Name Change, Becker Road to Opperman Drive--Enclosed on pages �Z through 11 you will find an application for street name change and support information from representatives of West Publishing to change the name of Becker Road to Opperman Drive. The only other affected property owner, United Parcel Service, has indicated to the applicant that they have no objection to this change. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a street name change for Becker Road to Opperman Drive. It' CITY OF EAGAN STREET NAME CHANGE NAME: Harry E. Gallaher , Opperman Heins & Paquin, Attorney for 2200 Washington Square West Publishing Company ADDRESS: inn w,ghington Avenue South Minneapolis MN 55401 (STREET) (CITY) (ZIP CODE) TELEPHONE # 339-6900 NAME OF PLAT West Publishing, 4th Addition PRESENT STREET NAME Becker Road PROPOSED STREET NAME Opperman Drive REASON FOR NAME CHANGE Relocation of corporate headquarters PLEASE ATTACH LIST OF AFFECTED PROPERTY OWNERS AND AN 8-1/2" X 11" COPY OF EXISTING AND PROPOSED STREETS AFFECTED. UPON APPROVAL, THE APPLICANT WILL BE RESPONSIBLE FOR ALL FEES ACCRUED IN THE STREET NAME CHANGE. # OF SIGNS AT $ /SIGN = $ TO BE DETERMINED BY CITY STREETS SUPERINTENDENT) I?) -C.,--"Il ( A4° PL.--.1 I Lt , I R cl 1 APP CANT' SIGNATURE DATE SU SCRIBED AND SWORN TO ME THIS / DAY OF - , 19 9/ . MY COMMISSION EXPIRES L5--/, -7 . , NOTARY Pura -MINN(SOTA I `f' / NfNssion -ryya I Mr commission expiry 5-12-96 NOTARY PUBLIC CITY USE ONLY SUPT. OF STREETS CITY COUNCIL DATE COMMUNITY DEVEL. FEE RECEIPT # DATE OPPERMAN H E I N S & PAQUIN VANCE K.OPPERMAN BRADLEY W.ANDERSON ATTORNEYS AT LAW ROBERT J.SCMMIT MARTIN D.MUNIC JAMES E.SCHATZ MARGARET H.CHUTICH 2200 WASHINGTON SQUARE SAMUEL D. HEINS PATRICIA A.BLOODGOOD JEROME F. PAQUIN ANNE L.SCHLUETER 100 WASHINGTON AVENUE SOUTH RICHARD A.LOCKRIDGE ANDREA J.KAUFMAN AUDREY L.ESTEBO JOSEPH M.MUSILEK MINNEAPOLIS, MINNESOTA 55401 CHARLES N.NAUEN ERIC L.OLSON TELEPHONE 16121 339-6900 H.THEODORE GRINDAL BARBARA J.GRAHN THOMAS B.HEFFELFINGER KEVIN M.CHANDLER FACSIMILE 16121 339-0981 LINDA L.HOLSTEIN JOHN A.TAFT W.JOSEPH BRUCKNER CHRISTOPHER K.SANDBERG HARRY E.GALLAHER 1300 I STREET, N.W. WILLIAM A.GENGLER EAST TOWER,SUITE 480 OF COUNSEL JONATHAN W.CUNEO' WASHINGTON, O.C. 20005 JAMES J.SCHWEIT2ER TELEPHONE (2021962-3850 •AONITTED IN D.C.ONLY FACSIMILE 1202) 962-3861 May 14, 1991 HAND DELIVERED Mr. Steve Hanson Assistant Building Official City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Re: Becker Road Name Change Dear Steve: Enclosed is the Street Name Change application submitted on behalf of West Publishing Company to change Becker Road to Opperman Drive. It is my understanding that United Parcel Service is the only land owner affected by the change and, as we discussed, I have spoken with David Taylor, UPS's West Regional Real Estate Manager, who has informed me that UPS has no objection to the name change. Further, it is my understanding that the City Council will address this request at their May 21, 1991 meeting. If you have any questions or require further information, please call. Sincerely yours, PAQUIN 41" Harry . G. aher HEG/C7 c: John M. Nasseff Vance K. Opperman List of Affected Property Owners United Parcel Service 555 Becker Road Eagan, MN 55121 --..•---... .` - Nrld 1N3Wd013A30 k!3-ISrW NOIDfliOdHO3 snd0 0 1.::7-- AUDI .r�.o�u°e.tN _• NW•NVDV3 I. �JNMSf8fld 1S3M r. .....-. 0 o F,8 E a uu °8 1 EE 8 S �e� o F. i - 1gs! gist I i e g 5 . Z . [v y ! t'hini i i� Fl a ; 1i' :a �//� ; :ii y1 ill l ; lei y1-1 a f'. =II ;I! hiJL!J lg JJe . e u3 uit -!. : E' .a ii L.S 11 1 a'k5 {a g !.I l 41 41X65! El lig °E'E i f 6 t ('i F ill' 0 1111:76111 r.1 fgHp.! °; E of =C g evt gag i# a .I !. €€ -° 5 �° E� A i. °'s il': t �§ �o $ass; °° ° � tii ° �, �° do F# € 1 F O O 8 O 8 J G $ § OELAWAgE TRAIL fr j' /� z _O O m O r. o H t Li pg . ' ,,,,/ - -. rl jIII _- .mac-9C. Cr 1t 1 , -- = r G c • 1 I �a 0 tF G I l 4 ,, v,,, , , 0 _ ..x .1 r.j k J./,/� -'� - � - :3 - C� f'� -Ii.I di.w..m. : z gg J ■ C :. Li fiLii ..i fw - Nii , 1: g ,e -(3 ;1 - _ _, .,,,4,,L',Y) ': iii,; 4. , - ' -, , 0 a 1;. 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LA. cl �• i - ., V co, DILL ..� S Ili r uL E +� ' 9• ORE . r. �� lSi7 '� - 7 B(-4,._,...___1 NDERING W K ((��>�.� R D — ZEt"", E u - V col, .� J Q 1-11.,6 _ ESCOTT �-"•�! 3.. (I,, -'71 RD. •� �t �1: - -9@--' �LWINK. ..LA. yI n� " • q ;,/q��, ‘,9' b STVEW Sr i �; -`�C�i7Y 1 u t �•� [}may _ i e. /�,wEST:.,- BL ii j' _ ^N �. NE *,. L- ��i 11111 '.g r LN. i \--7.7 13.6 J KNOLL FFy��" .;741r--.- �r Ike, II'kik h.‘ , 'FM!.41 P. 1 _. _--1,---�FOR. (�I _ � - - c BE PP' 91TC,M ;r C �8 i , ..,„ ,,p,i„ A }{� ^ 6.-D Ip f �/ e WAY z P c �� W > I u LAN -.-J ' AO,i C o O ° - •.r CO"e1 CIR . _ 1.-Cb • a ` R~ �� ` c3 MN., 6> Co. Rd No ____ __,..,__ us Ur,?ec Parcel Service ; , . Mercv Rd. Rm 432 Oma-a. NE 68-O€ i402; . 7- w May 14, 1991 Mr. Harry E. Gallaher, Esq. Opperman, Heins & Paquin 2200 Washington Square 100 Washington Avenue South Minneapolis , Minnesota 55401 Re: Name change of Becker Road in Eagan, Minnesota Dear Mr. Gallaher: In response to your letter of May 9, 1991 requesting our approval to rename Becker Road to Opperman Drive in honor of Dwight D. Opperman, President and Chief Executive Officer of West Publishing Company, Minneagen Real Estate Company, a wholly owned subsidiary of United Parcel Service, Inc. grants West Publishing Company permission to rename Becker Road to Opperman Drive. United Parcel Service, Inc. extends our best wishes to Mr. Opperman and for the future of West Publishing Company. Please let me know if I can be of any further service. Sincerely, UNIT ' Plc, EL SERVICE, INC. I1 41, -ylor V'avi.'1' . •eal :st ,e Manager West Reg •n cc: Steve Hanson - City of Eagan DTRENAME ) Agenda Information Memo May 23, 1991 City Council Meeting FINAL PAYMENT/ACCEPTANCE/NORTHVIEW TENNIS COURTS H. Contract 89-12, Final Payment/Acceptance, Northview Tennis Courts-Enclosed on pages el through 1.,Z-is a memorandum from the Parks and Recreation Department outlining expenditures on parks improvement Contract 89-12 and indicating a request for final payment and acceptance. Despite a change order addition, the project came in within $1,000 of the original bid and 3% below the revised contract amount. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final payment/ acceptance for Contract 89-12, Northview Tennis Courts. ( 1 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR KEN VRAA, DIRECTOR OF PARKS & RECREATION FROM: STEPHEN SULLIVAN, LANDSCAPE ARCHITECT/PARKS PLANNER DATE: MAY 14, 1991 RE: ACKNOWLEDGEMENT OF COMPLETION & FINAL PA yr.. NT FOR IMPROVEMENT CONTRACT 89-12 The scope of work for this contract consists of the construction of the Northview Tennis Court Complex, Bur Oaks Tennis Court, miscellaneous color coating and the fencing for the Northview Park softball field addition. The contract was awarded to Finley Brother Enterprises for the amount of$302,924.74. The Landscape Architects estimate was $314,000. One change order was authorized, adding $8,819.60 to the project resulting in a revised contract amount of$311,744.34. The change order responded to an unforseen condition of sub-surface moisture. The inclusion of a drain tile system prevented frost heaving of the tennis courts. The final cost for the improvement is $303,766.00, this was 3% below the revised contract amount. City staff provided all design, contract administration and construction management. Staff concludes that the project has been completed in accordance with the requirements of the contract. Staff asks consideration of the Council at the May 23 meeting for the acknowledgement of completion,final payment and initiation of City maintenance subject to warranty provisions for Improvement Contract 89-12. SS/bls REQUE FR MT IMPRO MEST NT OCOPAYNTRACT EN 89-12 CITY OF EAGAN DATE: MAY 9 1991 ij PROGRAM: NORTaVIEW PARK �� TENNIS COURT CONSTRUCTION PROJECT: IMPROVEMENT CONTRACT 89-12 MAY 2 1 1991 FOR PERIOD: DECEMBER 14 1989 TO MAY,9 1991 CONTRACTOR: FINLEY BROTHERS ENTERPRISES ADDRESS: 5801 BAKER ROAD MINNETONKA, MN 55345 REQUEST FOR PAYMENT NO. #5 FINAL SUMMARY: ( 1) ORIGINAL CONTRACT AMOUNT $ 302,924.74 ( 2) CHANGE ORDER--ADDITION $ 8,819.60 ( 3) CHANGE ORDER--DEDUCTION $ -0- ( 4) REVISED CONTRACT AMOUNT $ 311,744.34 ( 5) VALUE COMPLETED TO DATE $ -0- $ 303,776.41 Value '[his Request $ 303,776.41 Previous Value Completed ( 6) MATERIAL CURRENTLY ON HAND $ -0- ( 7) AMOUNT EARNED $ 303,776.41 ( 8) LESS THE 5% RETAINAGE $ -0- ( 9) SUB-TOTAL $ 303,776.41 (10) LESS AMOUNT PAID PREVIOUSLY $ 300,739.41 (11) AMOUNT DUE THIS REQUEST $ 3,037.00 i BY: �� BY: 402:! _ _ recto • 'ar. i' ecreation c tec 'at-.. • anner BY: ' / . / ) . • S/14/411 1 Finance Department 28-4661-618-00 $3,037.00 RE UEST FOR PAYMENT PROJECT PAYMENT STATUS CITY OF EAGAN PROGRAM: TENNIS COURTS/SOFTBALL FIELD CONSTRUCTION PROJECT NO: I.C. 89-12 CONTRACTOR: FINLEY BROTHERS ENTERPRISES ORIGINAL CONTRACT AMT. TOTAL AMT. OF C.O.'S REVISED CONTRACT AMT. $302.924.74 $8,819.60 $311,74.34 DATE C.O. NUMBER DESCRIPTION AMOUNT 8/28/89 #1 $ 8,819.60 #2 $ #3 $ #4 $ #5 $ TOTAL CHANGE ORDER $8,819.60 PROJECT PAYMENT SUMMARY PAYMENT FROM/TO PAYMENT PAYMENT VALUE NO. THIS REQUEST THIS VOUCHER COMPLETED RETAINAGE (1) 5/8/89 - 7/24/89 $ 91,600.67 $87,020.64 $91,600.67 $4,580.03 (2) 7/24/89 - 8/28/89 $ 130,749.65 124,212.17 222,350.32 _ 11,117.51 (3) 8/28/89 - 10/11/89 $ 80,770.09 76,731.58 303,120.41 15,156.02 (4) 10/11/89 - 12/13/89 $ 656.00 12,775.02 303,776.41 3,037.00 (5) FINAL $ -0- +$ 3,037.00 $303,776.41 TOTAL PAYMENT TO DATE $303,776.41 RETAINAGE FOR PAYMENT -0- TOTAL VALUE COMPLETED 303,776.41 APPROPRIATION SCHEDULE I.C. 89-12 CITY OF EAGAN DATE: 5/9/91 FOR PERIODS: 12/14/89 to 5/9/91 PAYMENT: #5 Final DESCRIPTION APPROPRIATION # AMOUNT I . NORTHVIEW PARK/TENNIS COURTS 28-4661-618-00 $3,037.00 II . NORTHVIEW PARK/SOFTBALL FIELDS 28-4661-618-00 $ -0- III . BURR OAKS PARK/TENNIS COURTS 37-4661-557-33 $ -D- IV. HIGHVIEW PARK/TENNIS COURTS 01-4466-351-31 $ -0- V. LEXINGTON PARK/TENNIS COURTS 01-4466-351-31 $ -0- VI . COUNTRY HOME PARK/TENNIS COURTS 01-4466-351-31 $ -0- VII . OHMANN PARK/HARDCOURT PLAY AREA 28-4661-649-00 $ -0- VIII . SLATER ACRES/HARDCOURT PLAY AREA 37-4661-581-00 $ -0- IX. NORTHVIEW PARK/ALT. #3 28-4661-618-00 $ -0- X. NORTHVIEW PARK/ALT. #7 28-4661-618-00 $ -0- TOTAL $3,037.00 � d� Agenda Information Memo May 23, 1991 City Council Meeting FINAL PAYMENT/ACCEPTANCE/PARK SHELTER BUILDINGS. I. C ntract 90-2, Final Payment/Acceptance, Park Shelter Buildings--Enclosed on pages through is a memorandum from the Parks and Recreation Department outlining contract costs relative to Contract 90-2 and requesting final payment for and acceptance of the improvement. With the addition of one change order, the project came in at 2% above the original contract amount. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final payment/ acceptance of park shelter buildings under Contract 90-2. aD MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR KEN VRAA, DIRECTOR OF PARKS & RECREATION FROM: STEPHEN SULLIVAN, LANDSCAPE ARCH!!ECT/PARK P ER DATE: MAY 14, 1991 RE: ACKNOWLEDGEMENT OF COMPLETION & FINAL A NT FOR IMPROVEMENT CONTRACT 90-2 The scope of work for this improvement contract consists of the construction of park buildings at Bridle Ridge, Ohmann and Northview Parks. The project was awarded at the May 1, 1990 City Council meeting to W.H. Cates Construction, Inc., for the amount of$235,746.00. The architects estimate was $270,000.00. One change order was authorized in the amount of $6,997.40. The change order items included the implementation of electric service from the transformer to the service panel for all three buildings, a deduction in the contract amount revising the roof type at Northview Park from metal to cedar shingles and the construction of 4" D.I.P.water main in lieu to the 1-1/2" copper as specified. The change order resulted in a revised and final contract cost of $235,746.00 which is 2% above the original contract amount. City staff and Schwarz Weber Architects provided all construction management and inspections. A final walk-through was completed on May 8, 1991 and concluded the project complete in accordance with the requirements of the contract. Staff asks consideration of the Council at the May 23 meeting for the acknowledgement of completion, final payment and initiation of City Maintenance subject to warranty provisions for Improvement Contract 90-2. SS/bls cc: Craig Johnson,_Landscape Architect 1 J1 ; - fIL 17-11 , _city of Cagan 3830 PILOT KNOB ROAD May 14, 1991 THOMAS EGAN EAGAN, MINNESOTA 55'22-1897 mayor PHONE (612)454-8130 DAVID K GUSTAFSON FAX (612)454.8363 PAMELA McCREA TIM PAWLENTY Jeff Cates THEODORE WACHTER Counco W.H. Cates Construction, THOMAS HEDG ES Inc. OM HEDG S ES 300 Highway #55 city Atlmmistrator Hamel, Minnesota 55340 EUGENE VAN OVERBEKE city Clerk Dear Jeff: Attached is Pay Request #8 for Improvement Contract 90-2. The final pay request and acceptance of the improvement is scheduled for City Council on May 23. The check will be held by the finance department until the City receives the following information: 1. I.C.-134 affidavit for obtaining final settlement of contract. 2. Consent of Surety 3. Revised Inventory Work sheets 4. 6 copies - Hot Water Specifications 5. Lien waivers from all suppliers and contractors 6. Return of keys from general and sub-contractors. The City will be paying you for all completed work and will invoice you for the damaged mirror. Once the mirror is replaced, we will return the check to you. Jeff, I want to thank you for a fine job overseeing this contract. Your responsiveness to the City needs is certainly appreciated. Sonny provided craftsmanship and care which is difficult to find in today's labor force. Roger, from Medina Electric, was always accommodating. Lastly, Carl at Dakota Plumbing, who has a long standing premier reputation with the City, provided good mechanical design and construction implementation. Thank you for a job well done. Sincerely, AY")r4r Steph 1Iliv. Landscape Arc itect/Park Planner SS/bls cc: Ken Vraa, Director of Parks & Recreation Craig Johnson, Landscape Architect Andre Latondresse, Schwarz/Weber Architects THE LONE OAK TREE...THE SYM: • 'GTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer REQUEST FOR PAYMENT IMPROVEMENT CONTRACT CITY OF EAGAN PROGRAM: PARK SHELTER BLDG. CONSTRUCTION DATE: MAY 7, 1991 PROJECT: IMPROVEMENT CONTRACT 90-2 FOR PERIOD: JANUARY 19, 1991 - MAY 6, 1991 - CONTRACTOR: W. H. CATES CONSTRUCTION, INC. ADDRESS: 300 HIGHWAY #55 HAMEL, MN 55340 MAY 2 1 1991 REQUEST FOR PAYMENT NO. #8 (FINAL PAYMENT) - SUMMARY: ( 1) ORIGINAL CONTRACT AMOUNT $ 235,746.00 ( 2) CHANGE ORDER--ADDITION $ 9,387.40 ( 3) CHANGE ORDER--DEDUCTION $ 2,390.00 ( 4) REVISED CONTRACT AMOUNT $ 242,743.40 ( 5) VALUE COMPLETED TO DATE $ 1,176.00 $ 242,743.40 Value This Request $ 241,567.40 Previous Value Completed ( 6) MATERIAL CURRENTLY ON HAND $ -0- ( 7) AMOUNT EARNED $ 242,743.40 ( 8) LESS THE 5% RETAINAGE $ -0- ( 9) SUB-TOTAL $ 242,743.40 (10) LESS AMOUNT PAID PREVIOUSLY $ 229,489.03 (11) AMOUNT DUE THIS REQUEST $ 13.254.37 BY: iL:�.i%�� DATE: s- Ic nd � : .d,i- chitect/Parks Planner / /' i ! BY: .' �• _1 DATE: r// D_ire_ o ar. /Recreation BY: _ _ _ DATE: Finance Department ALLOCATION NUMBERS:REQUEST FOR PAYMENT Northview Park 28-4656-618-00 $ 4,639.02 Bridle Ridge Park 28-4656-646-00 $ 4,639.02 Ohmann Park 28-4656-649-00 $ 3,97633 C72(e PROJECT PAYMENT STATUS CITY OF EAGAN PROGRAM: PARK SHELTER BUILDING CONSTRUCTION PROJECT NO: LC.90-2 CONTRACTOR: W. H. CATES CONSTRUCTION, INC. ORIGINAL CONTRACT AMT. TOTAL AMT. OF C.O.'S REVISED CONTRACT AMT. $235,746.00 $6,997.40 $242,743.00 DATE C.O. NUMBER DESCRIPTION AMOUNT #1 ELECFRIC/WOOD ROOF $ 6,997.40 #2 $ #3 $ #4 $ #5 $ TOTAL CHANGE ORDER $6,997.40 PROJECT PAYMENT SUMMARY PAYMENT FROM/TO PAYMENT PAYMENT VALUE NO. THIS REQUEST THIS VOUCHER COMPLETED RETAINAGE (1) 5/1-6/25/90 $ 48,249.50 $ 45,837.03 $ 48,249.50 $ 2,412.47 (2) 6/26-8-2-90 $ 40.766.00 $ 38,727.70 $ 89,015.50 $ 4,450.77 (3) 8/3-8/23/90 $ 39,293.09 $ 37,328.43 S128,308.59 $ 6,415.43 (4) 8/24-9/25/90 $ 27,076.01 $ 25.722.21 $155,384.60 $ 7,769.23 (5) 9/25-10/18/90 $ 35.828.52 $ 34.037.10 $191.213.12 $ 9.560.65 (6) 10/19-11/26/90 $ 35,878.91 S 34,084.95 5227.092.03 $11,354.61 (7) 11/27-1/18/91 $ 14,475.37 $ 13,751.61 $241,567.40 512,078.37 (8) 1/19/91-5/6/91 $ 13,254.37 $ 13254.37 $242,743.40 -0- TOTAL PAYMENT TO DATE $242,743.40 RETAINAGE FOR PAYMENT $ -0- TOTAL VALUE COMPLETED $242,743.40 -a. a5 cn � n s �-0 ñ = - ZQ r` G ? - < Z � � a3 o� z p zt 12 n n n p p S^ CRCC � - 5ac�37 n X11 , j 0 < 5°'ft clz Z ! ri 1: f AIM '7 T a_ 0 r aR ,cr 7 = * G p -, .. R _ C: R - O C �/` CL S p - ct a R f 4 O /� - enp rSe I i o i O J _ O c0. R'0 . '< jf t A P-= M V r- C • 7 C 'L C% Z ncv r- a v v " oo c oneA .y o _ -s a c T it . 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PLUME:',_ EE: :: 6E:-.0 C,:: 6e:,,:: ..:: C.C. r -- ELE7RI:4_ 73:: :: 72 C... 73?:.:: 0.:: r ,^ CHANGE DF:E __ 74 74:,5 C.C: 746.57 ..CC C.O: Y..- O.DC ..C. C.O. C.: D.D: 1.C: D•D: C. : 0.2: O.00 ..:;: O.00 C: C.:: O.00 :.00 C.C: O.C: 6904:,5 65'2::.5 485.:: 6565'4.57 „c: D.O. C.cc 30 ■ ::: ;4, P:7 '::- N- : Er.::_E ;:::: .%:, - ,,-.:. 7:: ' ::: .,.. . " RE-A:N,A2E :: _i"": . 77-= .7: : ' FNE;A. CY,". :?,E. ' C,C: .... ,.. :... . :•:: :2:: C: .... EAFT42R- t":: ,:: e7:: . •: c,:: 67::,0: , !“-. .,,, 0.0: 0.00 CON:R.ETE 7.5.6 •C0 79.6;,C: 0.00 796;,00 :.C: 0.00 0.00 UN:" MASDN:. 432: ,:: 43F:.:: c.:: 432:.00 4..0: 0.0: 0.0C CF;E ":-- ..AS:: :C4:: ::: IC4:: .0: C.:: 1(40 .0C 1.0: 0.00 0.00 c;:E.77 ML".i C,:: 660:.:: I.C: 0.0: 0.00 SLUE ..4e -:•.!2:2 : 49Q=,:: 4;;;.0: n.....-- 459.:: 1.C: 0.00 0.0: ‘, FAERI2ATE: : TF :: 1922,C: IR32,0: C.:: 1932.0: I.C: C.C: 0.0C ARC-' WOOD.:;-- 318.00 312.00 C,:: 312,00 1.00 0.00 0.00 THERMAL INE...ATIY 80:.00 800.00 c.:: 800.00 1.00 0.00 0.00 W000 SHINCLEE 31:00.00 3100.03 0.0: 3100.00 1.60 0.0C 0.0C JOINT SEALERS '.00,0C 100.00 C.:: 100.00 1.00 0.60 0.60 DRS & ■RE 2525,0: 3535.0: 0.0: 3535.03 1.00 0.00 0.00 -_ 4INDE . ., .. . ... ' , „. 2;C: C: .- nr.. C.rj:: 0.00 ' AiE & LA : :.; 46: ,:: 46: ,:: C.:: 46:,C: , ..,... 0.30 0.00 .. TILE .,40; 2:77.:T 21-2.:: C.:: 3:T2.3: .' „. - .... C.C: PAINTIQ 2022,:: 2:22.:: „ r. -- , . 2:22,:: ".' ... 3.00 cc: FIRE Er:'-,:.:3-E;E- 24S,C: 242,0: 0.:: 24S,C: ..,7.-- C.C: 0.00 TOILE" A:: 124 ,:: 1244,00 0.:: 1244,0: 1.0: C.C: C,OC TOILET RA:T:: E :626.: 1626,:: 0.0: 16,26,0: "' ..,. 0.00 C,0: LOWERS :27.:: I5 .0: 0,0: :27,C: 1.0( CCC 0.0C HE4-IN2 1 -.7N-:',E 2 :.:: 36T:,:: C.:: 367:.:: 1.:: C,C: C.:: PLJMEN2 to2 :: 6227:: c.:: 682 .00 .:: 0.00 0.0: ELE:77::A_ 1::"...C: 1::". .C: C.:: 1:21.0: .. .,.r 0.0: 0.00 , CH4tiGE OR:E: 0: 1252.40 1E52,4: O.:: 1252.4: :,0C C.00 0,0: 0.00 0.00 0.0: 0,0: 0.00 0.0: C.:: C.CC C.C: 0.00 0.00 0,0: 0.0: 0.00 0.00 86204.4: 6:204,4: C.C: 0.00 66384.4: 1.00 0.00 0.00 31 Agenda Information Memo May 23, 1991 City Council Meeting JULY 4TH CELEBRATION APPROPRIATION - / J. Request for July 4th Celebration Appropriation—Enclosed on page 3 through 3 you will find a promotional mailing relative to the 1991 Eagan Lions' 4th of July Parade. As in the past, it is anticipated that the City contribution will be $1,500 in 1991. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an appropriation of$1,500 for the July 4th Celebration for the Eagan Lions Club. EAGAN LIONS , 4TH OF ry: ? 3 ncr7 April 15, 1991 RE t EAGAN LION'S 4TH OF JULY PARADE --- --- ---------- CELEBRATION DEAR PROSPECTIVE PARTICIPANT: BRUCE ASHCRAFT PARADE CHAIRMAN THIS MAY BE OUR GREATEST FOURTH OF JULY CELEBRATION EVER. 1874 BEAR PATH TRAIL BIGGER THAN THE COUNTRY'S BICENTENNIAL, BIGGER THAT EAGAN'S EAGAN, MN55122 OVEN CENTENNIAL. . .THIS YEAR'S 4TH OF JULY PARADE HONORS OUR OFF: 854-1544 Ext. 206 COUNTRY'S RETURN TO PATRIOTISM! ! ! ! HOME 454-6358 PRESIDENT BUSH HAS ASKED THAT THIS BE A VERY SPECIAL 4TH OF JULY AS WE HONOR AMERICA AND THE RETURNING TROOPS FROM DESERT STORM. WHETHER YOU AGREE WITH THE WAR OR NOT, THESE MEN AND WOMEN PUT THEIR LIVES ON THE LINE SO OTHERS MAY HAVE THE SAME FREEDOM WE EXPERIENCE EVERY DAY. IN KEEPING WITH THE PRESIDENT' S REQUEST, THIS YEARS THEME IS: RED, WHITE, AND BLUE WE ASK FOR YOUR SUPPORT IN MAKING THIS THE BEST PARADE YET. WE NEED TO REINSTATE THE NEIGHBORHOOD FLOATS FROM ALL OVER THE EAGAN AREA. WE NEED MARCHING BAND, MARCHING UNITS, WALKING UNITS, BIKES, CLOWNS, CARS, TRUCKS. . . .YOU GET THE PICTURE! WE NEED YOU! BE A PART OF THIS GRAND CELEBRATION. BE CREATIVE USING OUR FLAG AND IT' S COLORS. DECORATE FLOATS, BIKES, STROLLERS, AND YOURSELVES IF YOU LIKE. WE WOULD ESPECIALLY LIKE TO HAVE VETERANS OF DESERT STORM IN UNIFORM SO WE MAY SHOW OUR APPRECIATION. IF YOU CAN'T PARTICIPATE MAYBE YOU COULD HELP DEFRAY COSTS WITH A DONATION OF FUNDS OR GOODS. IF YOU MUST PASS ON THIS YEARS PARADE BUT WOULD LIKE INFO ON NEXT YEAR, FILL OUT THE ATTACHED INVITATION AND RETURN. PASS THIS ON TO OTHERS IF YOU KNOW THEY MIGHT BE INTERESTED! THIS YEARS PARADE WILL RETURN TO OUR TRADITIONAL ROUTE UP RAHN ROAD FROM CEDARVALE SHOPPING CENTER TO RAHN PARK, 1.5 MILES. AGAIN, AS ALWAYS, REFRESHMENTS WILL BE SERVED. THOSE OF YOU WHO HAVE AFTERNOON COMMITMENTS (APPLE VALLEY, RICHFIELD, OR OTHERS) WE WILL PLACE YOU IN THE PARADE SO YOU WILL HAVE PLENTY OF TIME TO CELEBRATE WITH THEM. EXPLAINED ON PAGE TWO ARE THE CATEGORIES AND AWARDS. PAGE THREE IS YOUR R.S.V.P. PLEASE CALL ME IF YOU HAVE ANY QUESTIONS. LET'S MAKE THIS A 4TH TO BE PROUD OF!!! SINCERELY YOURS, BRUCE L. ASHCRAFT 3 � EAGAN LIONS 4TH OF JUL * EAGAN 4TH OF JULY PARADE 1991 AWARDS CELEBRATION BRUCE ASHCRAFT RED, WHITE, AND BLUE CELEBRATION PARADE CHAIRMAN 1874 BEAR PATH TRAIL CATEGORY 1 MARCHING BANDS. .ALL HIGH SCHOOL AND CLASS A EAGAN, MN 55122 DRUM AND BUGLE CORPS WILL RECEIVE $350 FOR OFF: 854-1544 Ext. 206 EXPENSES. TROPHIES WILL BE AWARDED FOR THE HOME 454-6358 FIRST THREE PLACES BASED ON MARCHING AND MUSICAL PERFORMANCE. WE RESERVE THE RIGHT TO LIMIT BANDS ON A 1ST COME, 1ST SERVED BASIS. CATEGORY 2 MARCHING UNITS. .JUDGING BASED ON MARCHING PRECISION AND OVERALL APPEARANCE. THIS CATEGORY INCLUDES COLOR GUARDS AND RIFLE SQUADS. TROPHIES WILL BE AWARDED FOR THE FIRST THREE PLACES. WE INVITE YOU TO STAY WITH THE PARADE THEME BUT WILL NOT EXCLUDE YOUR UNIT IF YOUR STANDARD UNIFORM DOESN'T. CATEGORY 3 CHURCH/COMMUNITY GROUPS. .AWARDS BASED ON CREATIVITY, ATTENTION TO THE PARADE THEME. YOU MAY WALK OR RIDE. BOY/GIRL SCOUTS ARE INCLUDED. CASH PRIZES OF $100, $75, & $50. CATEGORY 4 NEIGHBORHOOD/CHILDREN'S UNITS. .AWARDS BASED ON CREATIVITY, ATTENTION TO THEME, & OVER- ALL IMPACT OF THE UNIT EITHER WALKING OR ON WHEELS. CASH PRIZES OF $100, $75, & $50. CATEGORY 5 COMMERCIAL. . AWARD BASED ON CREATIVITY, ATTENTION TO THEME AND OVERALL IMPACT, EITHER WALKING OR ON WHEELS. THIS CATEGORY WILL INCLUDE BUSINESS'S AND UNITS SPONSORED BY A BUSINESS. TROPHIES WILL BE AWARDED TO THE FIRST THREE PLACES. CATEGORY 6 MISCELLANEOUS UNITS. . THIS CATEGORY WILL INCLUDE ALL OTHER UNITS NOT REPRESENTED BY THE CATEGORIES ABOVE. AWARD BASED ON IMPACT AND CREATIVITY BASED ON THEME, EITHER WALKING OR ON WHEELS. TROPHIES FOR FIRST TWO PLACES. FINAL DECISION REGARDING AN ENTRY'S CATEGORY WILL BE MADE BY THE PARADE COMMITTEE. PAGE 2 Agenda Information Memo May 23, 1991, City Council Meeting MNDOT COST PARTICIPATION AGMT (TH 149 & BECKER RD) K. Project 600,Approve MnDOT Cost Participation Agreement (TH 149 & Becker Road - Intersection & Signalization Improvements)--With the completion and approval of the detailed plans and specifications necessary for the upgrading of TH 149 and its intersection with Becker Road, the State has prepared Cooperative Construction Agreement No. 68262 which delineates the participation responsibilities between MnDOT and the City of Eagan. This agreement has been reviewed by the Public Works Department and City Attorney's Office and found to be in order for favorable Council approval which is necess for the City to award the contract for construction to begin. Enclosed on page .36 is a Resolution which must be approved by the Council authorizing the Mayor and City Administrator to execute the Cooperative Construction Agreement with MnDOT. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a Resolution authorizing the Mayor and City Administrator to execute MnDOT Cooperative Construction Agreement #68262 for Project 600 (TH 149 & Becker Road - Intersection & Signalization Improvements). �J- J 68262 CITY OF EAGAN RESOLUTION BE IT RESOLVED that the City of Eagan enter into Agreement No. 68262 with the State of Minnesota, Department of Transportation for the following purposes, to-wit: to provide for payment by the State to the City of the costs of grading and bituminous surfacing construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 149 from Engineer Station 1886+00 (Wescott Road) to Engineer Station 1946+25 (1,200 feet north of Yankee Doodle Road) within the corporate City limits in accordance with City-prepared plans, specifications and/or special provisions designated by the City as City Project No. 600 and by the State as State Project No. 1916-18 (T.H. 149=1). BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and directed to execute such agreement. CERTIFICATION State of Minnesota County of Dakota City of Eagan • I hereby certify that the foregoing Resolution is a true and correct copy of the resolution presented to and adopted by the Council of the City of at a duly authorized meeting thereof held on the day of , 1991, as shown by the minutes of said meeting in my possession. City Clerk ,) Agenda Information Memo May 23, 1991, City Council Meeting SIGNAL AGMT (TH 149 & BECKER RD) L. Project 600, Approve MnDOT Signal Agreement (TH 149 & Becker Road Intersection & Signalization Improvements)--As a part of this project, the Becker Road and TH 149 intersection will be signalised. Although the City of Eagan is required to pay for the signalization, MnDOT requires a Maintenance Agreement to be entered into delineating the power and maintenance costs responsibilities for this new signal system to be installed on a trunk highway. This agreement has been reviewed by the Public Works Department and City Attorney's Office and found to be in order for Council approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve MnDOT Signal Agreement No. 68305M for Project 600 (TH 149 & Becker Road - Signalization Improvements) and authorize the Mayor and City Administrator to execute all related documents. APPROVE CHANGE ORDER #1 (JP-67) M. Contract 90-13,Approve Change Order#1 (JP-67 Water Quality Pond- Sidewalks)--As a part of the landscaping improvements to the water quality pond construction in the southwest corner of Duckwood and Denmark Avenues, the Parks Department has determined that it would be timely and appropriate to complete the sidewalk system along the south side of Duckwood Drive to Denmark Avenue and along the west side of Denmark Avenue from Duckwood Drive to Crestridge Lane under this project. Subsequently, a Change Order has been prepared estimating the cost of this improvement at an additional $8,677.50 with the cost to be the responsibility of the Parks Trail Dedication Fund. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 90-13 (JP-67 Water Quality Pond - Sidewalks) and authorize the Mayor and City Clerk to execute all related documents. 3 Agenda Information Memo May 23, 1991, City Council Meeting APPROVE RESOLUTION & LICENSE AGMT CHICAGO & NORTHWESTERN RR (SIBLEY TERMINAL INDUSTRIAL PK) N. Project 578, Approve Resolution & License Agreement With Chicago & Northwestern RR (Sibley Terminal Industrial Park - Storm Sewer)--As a part of the storm sewer improvements to service the Sibley Terminal Industrial Park, the Lower Minnesota River Watershed District required that an energy dissipator structure be installed on the storm sewer outfall line. The location of the structure is located within the right-of-way of the Chicago Northwestern RR. Subsequently, staff has been negotiating with the railroad as to whether an annual rental agreement at a cost of approximately $200 per year or a one-time license of $1,350 should be pursued. After determining the long-term economies, it was determined that the permanent license application should be pursued. Subsequently, this agreement is being presented to the Council for their favorable consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Resolution authorizing the City to enter into a license agreement with the Chicago Northwestern RR for Project 578 (Sibley Terminal Industrial Park - Storm Sewer) and authorize the Mayor and City Clerk to execute all related documents. RECEIVE REPT/ORDER PUBLIC HEARING (EAGANDALE CTR INDUSTRIAL PK 3RD & 4TH ADDITIONS) O. Project 608, Receive Report/Order Public Hearing (Eagandale Center Industrial Park 3rd & 4th Additions - Overlay)--On March 5, 1991, the City Council authorized the preparation of a feasibility report to consider the structural improvements and overlay within the Eagandale Center Industrial Park 3rd & 4th Additions. 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 public improvement. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 608 (ECIP 3rd & 4th Additions - Overlay) and schedule a public hearing to be held on June 18, 1991. 3 Agenda Information Memo May 23, 1991, City Council Meeting VEHICLE #142. RECEIVE BIDS/AWARD CONTRACT (DUMPBOX. SANDER & PLOW ATTACHMENTS) P. Vehicle 142,Receive Bids/Award Contract (Dumpbox, Sander&Plow Attachments)--As a part of the approved 1991 Budget, the Council authorized the acquisition of a single-axle dump truck with plow, sander and dump box attachments through equipment certificates. The cabin chassis has been acquired through the Hennepin County Purchasing Program. The City has received formal bids for the attachme•n accessories necessary to put this vehicle into maintenance service. Enclosed on pages 0 through is a report from the Superintendent of Streets/Equipment providing the results or the bid opening, his analysis of the bids submitted and a recommendation for Council consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for miscellaneous equipment for Vehicle #142 and authorize the award of the contract to the lowest responsible bidder. C'l MEMO TO: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS FROM: ARNIE ERHART, SUPERINTENDENT OF STREETS & EQUIPMENT DATE: MAY 16, 1991 • SUBJECT: MISCELLANEOUS EQUIPMENT TO BE INSTALLED ON UNIT #142 (SINGLE AXLE DUMP TRUCK) On May 2 , 1991, we received three bids for equpiment to be installed on Unit p142 . Crysteel was the low bidder but did not meet the specifications in three critical areas. The major exceptions are: 1 . Front Reversible Snow Plow Crysteel stated 100% exception to our specifications: A. Three section trip edge vs. four section B. One section moldboard vs. four independent sections C. No hydraulic down pressure D. 41" height vs. 48" E. No shock bumpers F. Six vertical reinforcing rib sections vs. four per section for a total of 16 G. No adjustable snow deflector H. Quick hitch - no specifications I . Weight - 1855 pounds vs. 2800 pounds J. Carbide cutting edges? 2 . Wing Plow A. One piece cutting edge vs. three pieces B. No quick disconnect hitch for easy removal C. Weight - 1575 pounds vs. 1835 pounds D. Carbide cutting edges? 3 . Dump Box Although they claimed compliance to the specifications, their bid contained many exceptions: A. No continuous welds B. Space for entrapped moisture C. Tubular vs. I-steel beam or structural steel channel D. No sub long beams between main long beams and rub rail As THOMAS A. COLBERT PAGE 2 . MAY 16, 1991 Background In the last two years we have been evaluating the productivity, downtime, and safety of our plowing equpiment. We visited many communities and talked to the mechanics, drivers and supervisors about the pros and cons of their equipment. Although we have not experienced any major breakdowns of equipment, we have encountered damage to our plows from manholes, gate valves, curbs, and center islands. As an example, the cost of a push frame and moldboard for a damaged plow is approximately $2 , 500 plus labor. Driver safety is also a major concern plus downtime that affects our level of service to the traveling public. After our evaluation was completed we wrote specifications to best fit the needs of our city. Conclusion In an effort to analyze all the bids, we visited Crysteel 's office and plant in Fridley. They did not have a plow or wing that they bid. Only one plow was in stock which was not the brand they specified. The truck box we examined did not meet our specifications in many critical areas. We could not find the equipment that was specified in any Minnesota community and do not think we should purchase experimental or prototype equipment. Recommendation I recommend accepting the second lowest bid from MacQueen Equipment with the Midland box in the amount of $34 , 982 . 00 which meets our specifications and is within the amount budgeted. Arnie Erhart Superintendent of Streets/Equipment AE/nab Attachments et ro 0 0 0 z a 0 0 0 • • H Ts A 0 0 01 N d' d' vO A N f) Cl Ca vs- H Q) 4.) it H U q W r}� rl 5 U g o p a .r., 0: gi W a o 0 W oa as o r V O N C N 0 O o O Q ri 0 x b O r-1 U O co to Z 41 4.) 4.) ,...4 ao to W• tJt vU Cr) . 0 0 a N •• Z -.i -,-4 N O 47 cn >4 •• W .0 •• b 01 g 0 0 4J A b H 0 CD Q 7 U H of a b o w 0 � AC 0 H 1 U U A +) U C 3 el • A b N U O 0 0 H H .K CO co : Cc) a IX 44- _ MAC QUEEN EQUIPMENT SCHMIDT MF PLOWS St. Paul 30 Roseville 5 Chisholm 2 Virginia 2 Bloomington 1 Eveleth 2 Golden Valley 2 Farmington 1 Jackson 1 Mankato 3 New Ulm 2 Tracy 1 MN DOT Duluth 1 Mike McPhillips 1 Byron 2 Eau Claire, Wisconsin 5 Agenda Information Memo May 23, 1991, City Council Meeting AUTHORIZE FEASIBILITY REPT/MEADOWVIEW RD Q. Project 615, Authorize Feasibility Report (Meadowview Road - Street & Utilities)-- Presently, Meadowview Road is a gravel surfaced roadway from TH13 west to Fort Snelling State Park servicing the R.L. Johnson and Meadowview Additions near the intersection of Four Oaks Road with TH 13. This roadway has been identified in the draft 5-year CIP plan as being upgraded in 1991. Recently, staff has received comments from adjacent property owners regarding concerns associated with uncontrolled surface water drainage runoff and the related erosion of the gravel road surface. Subsequently, staff is requesting Council authorization to prepare a detailed feasibility report identifying the public improvements necessary to bring this up to City standards along with the estimated cost and method of financing the appropriate improvements. ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the preparation of a feasibility report for Project 615 (Meadowview Road - Streets & Utilities). SETTLEMENT AGMT/ASSMT APPEAL/NELSON R. Settlement Agreement, Project 466, Assessment Appeal (Nelson)--As a result of an assessment appeal certified with District Court, the City and the property owner have reviewed the proposed improvements in relationship to the benefit to the property and have reached a settlement t day before the case was scheduled for hearing by District Court. Enclosed on page L1S is a Resolution authorizing the Mayor and City Clerk to enter into and execute the Settlement Agreement on behalf of the City of Eagan. This Settlement Agreement has been prepared by the City Attorney's Office and reviewed by the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Resolution authorizing the execution of a settlement agreement for Project 466 Assessment Appeal (Nelson). MAY 17 '91 08:28 941P02 RESOLUTION OP CITY OP EAGAN ADOPTING SETTLEMENT AGREEMENT WHEREAS, Krista K. Nelson and Craig A. Nelson, wife and husband, own property described as Lot 1, Block 3, Twin View Manor 1st Addition, PID No. 10-78200-010-03 ("Subject Property") ; and WHEREAS, the Subject Property was assessed by the City of Eagan on July 10, 1990 for storm sewer improvements through Public Improvement Project No. 466; and WHEREAS, Krista K. Nelson and Craig A. Nelson brought an action in District Court appealing the sum of the assessments known as Krista K Nelson - al. o a• - , Court File No. C3-90-7812; and WHEREAS, the parties have agreed to settle this dispute according to the terms described in the attached Stipulation for Settlement. NOW THEREFORE, BE IT RESOLVED, that the Eagan City Council hereby adopts the attached Stipulation for Settlement resolving the Nelson assessment appeal and authorizes the Mayor and City Clerk to execute the Stipulation on the City's behalf. CITY OF EAGAN By: Thomas A. Egan Its: Mayor ATTEST: By: E. J. VanOverbeke Its: City Clerk L"t" Agenda Information Memo May 23, 1991, City Council Meeting ..PUBLIC HEARINWG ELRENE ROAD A. Project 587R, Elrene Road--On May 7, a public hearing was held to discuss the revision to the proposed improvements to Elrene Road and Trails End Road (formerly Kost Road) as originally approved at the public hearing hs41 on July 17, 1990. Based on the objections submitted in the letter enclosed on page Y j-4rom West Publishing Company, the Council continued the public hearing until May 23 for further considerations. Since that time, the staff has received communications from the builder of the Woodlands North development (Country Home Builders, Inc.), their attorney and the developer of the Woodl nds North subdision, Robert Engstrom Properties, Inc., enclosed for reference on pages 9 9 through With the approval of the original project at the public hearing on July 17, 1990, various developments have been approved and are proceeding with their development dependent upon the improvements associated with this project. Various portions of this project have already been implemented through a change order to provide the critical utilities necessary for the development of the Woodlands North and Wescott Square Additions. The revised feasibility report reflecting the change in the scop of the project and the development of the adjacent property is enclosed on pages through 'ICI for the Council's reference and review. The staff will provide a condensed presentation pertaining to this project and will be available to answer any questions or concerns that may arise through the public hearing process. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve Project 587R, Elrene Road & Trails End Road (Streets & Utilities). (€ O P P E R M A N M E I N S & P'A O U 1 N VANCE K.O'RCRMAN BRADLEY W.ANDERSON ATTORNEYS AT LAW ROBERT 1 S IT MARTIN D.RUNIC JAMES C.SCMATZ MARGARET M.CMUTICM Z2CC y.•SMINGTON SOUARE SAMUEL O.REINS RATA ICIA A.$LOOD000 JEROMC I.RAOUIN ANNE L.SCMLUETCR ICC v.'AS.'NGTON AVENUE SOUTH RICMARO A.LOCKRIDGE ANORCA J.KAUrMAN MINNEAPOLIS, MINNESOTA 6401 AUDREYL.ESTESO JOSE•MM.MUSILEK CHARLES N.MAUER ERIC L.OLSON N.TM T EO ELERMON[ 6t2 335 SOOC OORE GRIN GRAMN OAL $A* J. THOMAS • HErrELrINGER KEVIN MCHANDLER PACSrN'LE lei2'.339•OS8I LINDA&..HOLSTEIN JOHN A.TAR W.JOSERM SRUCKNER CHRISTOPHER K.SANDBERG MARRY E.GALLAM ER 300 I STREET, N W WILLIAM A.00NGLER EAST TOWER,SUITE •SO O►COuwicl JOMATMAN W.CUNEel' WASHINGTON, D.C. 2000R JAMESJ.SCHWEITZER• TELEPHONE (2O!' •52•)550 ....� FACSIMIL April 30, 1991 E 1202, B62•iSSI HAND DELIVERED D °I get 301991 Mr. Thomas Hedges City Administrator J City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Elrene Road Improvements Dear Mr. Hedges: As we discussed, our client, West Publishing Company, has serious doubts as to whether the scheduled improvements on Elrene Road (e.g.,widening,storm sewers,ponding of storm water and the trailway path) are necessary at this time. West's concerns are four-fold. First, as you know, West has no concrete development plans for Outlot B (the parcel adjacent to Elrene Road). Outlot B is part of Phase Three of West's development plans (tentatively scheduled for development sometime after the year 2000). Until West is better able to determine its development plans on Outlot B, West does not want to define or be restricted by easements for storm sewers or storm water ponding. Second, the Final Plat for West Publishing Company, Fourth Addition only provides for West's access onto Elrene Road from the private driveway serving the two residential lots which are currently being platted as West Publishing Company, Fifth Addition. In addition, the City has indicated that West may gain access from Outlot C if West's development plans call for such access. As you know, West has decided to construct the computer facility which was to be located on Outlot C (at the intersection of Elrene and Yankee Doodle Roads) to Lot 2, Block 1 in the interior of the property. This change reduced West's potential use of Elrene Road and any need for improvements at the present time. Thus, given the limited access onto Elrene Road, it is West's position that the benefits which West would receive from the improvements on Elrene Road would be minimal at best and do not justify the costs associated therewith. Third, the improvements on Trunk Highway 149 ('IH-149R) at Becker Road which were required by the Indirect Source Permit CEP") have far exceeded what was originally Mr. Thomas Hedges April 30, 1991 Page -2- anticipated both in terms of scope and cost. While the improvements on TH-149 are required to support West's development,neither the Final Environmental Impact Statement nor the ISP identified Elrene Road as a roadway which had to be improved in order to accommodate West's development. Accordingly, it is West's position that such improvements are, at the present time, unwarranted and unnecessary. Fourth, Yankee Doodle Road is scheduled to be upgraded by Dakota County in 1994. As you know, West has held off connecting its internal road with Yankee Doodle Road until the County improvements are made thereby eliminating the need to tear out a portion of the roadway twice (both West's internal drive and Yankee Doodle Road). The City's current plans to upgrade Elrene Road would also require portions of both roadways to be installed and torn out twice. Therefore, assuming the improvements to Elrene Road are warranted (an assumption which West questions), the improvements should be made in concert with the upgrade of Yankee Doodle Road so as to avoid duplication of effort and cost. For the reasons set forth above, West opposes the City's plans to upgrade Elrene Road at the present time. In addition, it is my understanding that Robert Engstrom expressed similar concerns about the improvements to Elrene Road when the City first considered making the improvements. If you would like to discuss this matter prior to the Ci ■ Council meeting on May 7, 1991, please call. If I do not hear from you, I will assume that the City Council has postponed the matter indefinitely pending further study. Sincerely yours, OPP,ER7N HEINS.¢c PAQUIN (eZ1 Harry allaher HEG/C7 c. J. Nasseff S. Bryant V. Opperman _ RECFIV� _ _;•fNi_ I"1 U MAY 16 1991 L _ -- _— May 15, 1991 CountryHame Mr. Tom Colbert Honorable City Council Members 3830 Pilot Knob Road Eagan, MN 55122 RE: Elrene Road, Trails End Road Improvement Project Number 589R Dear Council Members, I am writing to you at this time to urge you to not delay the completion of the aforementioned Project Number 589R. Completed City infrastructure, roads, curb and gutter, sidewalks, trails, ponds and the like are absolutely critical to the successful marketing and development of a townhome community. In fact, five years ago, we chose to develop the Thomas Lake CountryHomes project in preference over the Woodland project for this reason. The appearance of Elrene Road, Trails End Road and Kost Road, etc. was not acceptable at that time. We consummated our purchase of the Woodland site with Robert Engstrom Companies because the 589R project was approved one year ago and as such we felt this area of Eagan would now be ready for our caliber of development. In fact, the grading, storm sewer, landscaping, and road design of our project was designed around project 589R. Additionally, many of our customers are of retirement age and are from surrounding developed communities such as Mendota Heights, Highland Village, West St. Paul, Bloomington, Edina, etc. It is as much of an honor for them to consider relocating to Eagan as was the relocation of West Publishing to Eagan. Their decision whether or not to purchase a home from us is a discretionary decision and as such a postponable decision based on the appearance and readiness of this area of Eagan. Let's not let them down by delays in the 589R project. I appreciate your attention to this important matter. - y � Development Office 7625 Metro Boulevard.Suite 145 Minneapolis.Minnesota 55439 (612)835-4126 ■ Ross M. Fe• Construction Office COUNTR OME BUILDERS, INC. 6648 Rustic Road Southeast Prior Lake.Minnesota 55372 (6121447-2424 cc: Bryce Huemoeller Robert Engstrom 4 Building communities of fine carefree homes C\ rHT i) "7i lb 3b HUE.►10ILLER & HATES AAAAAAAAAAAA P.2 H U EMOELLER & BATES ATTORNEYS AT LAW 1670 f*ANRIN TIM POST 0771Ct VOX 67 PRIOR us,MINNESOTA 5373 1664ES 0.L1TE5 Ts1541Ime 1521 617.2131 aRMCE D.MUEINOEIltlt raecoot M214474625 May 15, 1991 Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Re: Elrene and Trails End Road Utility and Street Improvements, Project No. 589R Dear Council Members: I am writing on behalf of our clients, CountryHocne Builders, Inc. , and woodland Countrygolmes, Inc. , who own most of the lots in Block 3 and have entered into an option with Robert Engstrom Companies for the purchase of the remaining lots in Blocks 3 and all of Block 4, The Woodlands North. This letter is being submitted in support of action by the city council to approve Project 589R, as revised, and authorize the preparation of detailed plans and specifications for the revised project. My clients were stunned to hear that the city was reconsidering the merits of the project. The project was initially considered and approved by the council last summer when The Woodlands North and other nearby developments were not yet realities. Since the time that the project and the plans and specifications for the utility and street improvements were initially approved by the city council, developments such as The Woodlands North have also been designed and approved by the city engineering staff and the city council based in part on the Project 589R street and storm sewer specifications and proposed improvements. For example, the Project 589R storm sewer provides the storm sewer drainage for The Woodlands North. The elevations of The Woodlands North were established based upon the proposed improvements to Trails End Road, and The Woodlands North has already been graded to those specifications. Homes are presently under construction and have been said for closings this spring, based in part upon the Project 589R specifications and proposed improvements. The contractors, prospective buyers and owners of the homes within The Woodlands North need the proposed improvements to both Elrene Road and Trails End Road today. Contrary to the assertions of West Publishing, the Project 589R S1 Eagan City Council May 15, 1991 Page Two specifications and proposed improvements have been relied upon by the city, the developers of plats such as The Woodlands North and those who have contracted to purchase new homes within these developments. The improvements are necessary to the. viability and marketability of those developments and need to be authorized and completed at the earliest possible date. As recently as today the fact that the Hirano Road improvements are not yet complete has caused a significant problem for The Woodlands North. It is important for The woodlands North project and the city that the existing overhead electric lines be connected to underground lines. However, Tom Burk of Dakota Electric told us today that the electric lines cannot be converted until the Elrene Road improvements are approved and the ultimate road elevation established. This delay in connecting the lines to underground is very damaging to The woodlands North from both the development and marketing standpoints. The issues being raised at this time were evaluated, discussed and resolved last summer in favor of proceeding with Pioject 589R last summer. The objections being raised now appear to be no more than an attempt to induce the city to negotiate on the allocation of the assessments for the project. The fact that west Publishing did not object to the project last summer indicates to my clients that its argument is with the amount of the proposed assessments and not the need for or substance of the project itself. From the standpoint of my clients, the city has ample methods with which to deal with this West's assessment problem. The City's established assessment policy was,was, according to the engineer, the basis for s`ssewestpna�w, it eroceed withfthe city decides not to assess proceed follow MSA 429.051 and pay a portion of the cost for the storm sewer improvements from general ad valorem funds, and deal with West Publishing later as an additional assessment upon property abutting but not previously assessed for the improvements. Regardless of how the project is being financed, my clients see Project 589R as essential to the development of The Woodlands North and other similarly situated projects. Contrary to the West Publishing letter, Robert Engstrom agrees that the Rirane and Trails End Road improvements are urgently needed and should be approved and constructed as soon as possible. It is the position of my clients that the fact that projects such as The woodlands North have been approved and undertaken in reliance Eagan City Council May 15, 1991 Page Three upon the Project 589R specifications and proposed improvements requires that the city now approve and proceed with the revised project. care yours, Bryce D. Huemosller BDHav cc: CountryHome Builders, Inc. Woodland CountryHomes, Inc. Robert Engstrom Companies ...57:), T151IERT EES May 15, 1991 • Mr. Thomas Colbert Director of Public Works City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Elrene Road Improvements Dear Mr. Colbert: We have become aware that West Publishing Company has voiced opposition to the improvement at this time of Elrene Road and the attendant storm sewer system. We support the planned upgrading and are opposed to arty delay. We have developed 13 expensive single family lots and 70 townhouse lots along Elrene Road. We have promoted the sale of these lots as being in a neighborhood complete with the amenities buyers want including curb and gutter, standard street widths and walking paths. Country Home Builders, purchaser of the 70 townhome lots, have constructed a model and have commenced construction on other homes, based on the assumption that these improvements would be promptly installed and the street system upgraded from rural to urban standards. Our concern with the project initially was that Elrene Road not be 44 feet wide • as is the improved portion to the south. The current design width is 36 feet wide. The storm sewer project Is part of the City of Eagan over-all water _ management plan. This project was previously approved subject to satisfactory bids. Now is not the time to question the over-all project. • ... LAND SPECIALISTS ... 4801 West 81st Street • Suite 101 • Minneapolis, Minnesota 55437 • (612) 893-1001 • We urge that this project go forward as quickly as possible in order that construction is completed as homes begin to be occupied. Kind regards, ROBERT ENGSTROM COMPANIES Robert E. Engstrom President cc: Thomas Hedges, City Administrator Ross Fefercorn, Country Home Builders REE/aml s ii A • . li- r* " .1 11 fi;. 1' .) IL% f .ti ‘:•"4 / Alk Report for Elrene Road M.S.A.P 195-123-02 and Trails End Road Utility and Street Improvements Project No. 589R Eagan, Minnesota April, 1991 File No. 49504 ..5- ELRENE ROAD AND TRAILS END ROAD UTILITY AND STREET IMPROVEMENTS EAGAN, MINNESOTA PROJECT NO. 589 TABLE OF CONTENTS Page No. LE!'!'ER OF TRANSMITTAL 1. SCOPE 2. FEASIBILITY AND RECOMMENDATION 2. FIGURE 1 - LOCATION PLAN 3. DISCUSSION 4. STREET 4. STORM SEWER 5. SANITARY SEWER 6. WATER MAIN 7. SERVICES 7. RIGHT-OF-WAY/EASEMENT/PERMITS 7. COST ESTIMATE 9. AREA TO BE INCLUDED 10. ASSESSMENTS 11. STREET 11. STORM SEWER 12. SANITARY SEWER 14. WATER MAIN 14. REVENUE 15. PROJECT SCHEDULE 16. APPENDIX A - PRELIMINARY COST ESTIMATES APPENDIX B - PRELIMINARY ASSESSMENT ROLL FIGURE 2, 2A, 2B, 2C - STREET & STREET ASSESSMENT LENGTHS FIGURE 3 & 3A- STORM SEWER&TRUNK STORM SEWER ASSESSMENTS FIGURE 4 - SANITARY SEWER FIGURE 5 - WATER MAIN 49504.RP2 S-6) n Otto G Bonestroc.PE. Keith A.Gordon.P.E. Kenneth P Anderson,P.E Miles B.Jensen.PE. Bones t roo Robert W Rosene PE Richard W Foster PE Mark R.Rolfs.P.E L.Phillip Gravel Ill,PE Joseph C.Anderiik.PE. Donald C.Burgardt PE. Robert C Russek.A.I.A. Rene C.Plumart.A.I.A. Rosene Marvin L Sorvala,PE Jerry A Bourdon.P.E. Thomas E Angus.P.E. Agnes M Ring.A.I.C.P Richard E Turner,PE. Mark A.Hanson,PE Howard A.Sanford,PE. Jerry 0 Pertzsch,PE. Glenn R Cook. PE Ted K.Field.PE. Daniel Edgerton.P.E. Cecil*Olivier,PE. Anderlik & Thomas E Noyes,PE. Michael T Rautmann.P.E. Mark A.Sep,PE. Robert R Dreblow PE ill, Robert G.Schunicht,PE Robert R.Pfefferk.PE. Philip J.Caswell,P.E. Gary W Monen,P.E. Associates Susan M.Eberlm,C.P.A David O Loskota.PE Ismael Martinez.P.E. Charles A.Erickson Thomas W Peterson.PE Mark D.Wallis,PE. Leo M.Pawelsky Michael C Lynch,PE. Thomas R.Anderson.A.LA Harlan M.Olson Engineers & Architects James R.Maland,PE Gary F Rylander,P.E. April 16, 1991 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Elrene Road and Trails End Road Street and Utility Improvements Project No. 589R Our File No. 49504 Dear Mayor and Council: Attached is our report for Elrene Road and Trails End Road Street and Utility Improvements, Project No. 589R. The report presents and discusses the proposed utility and street construction/improvements for Elrene Road from Wescott Road to Yankee Doodle Road and for Trails End Road west of Elrene Road. Also included in the report are cost estimates and a preliminary assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss this report. Yours very truly, BONES^` 00, ROSE , ANDERLIK & ASSOCIATES, INC. ./7 a i (it,r1,44--- - Mark A. Hanson MAH:lk I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Register d Professional Engineer under the laws of _ Stae. o innesota. `NN��Maarrk A. Hanson '7 at Aril 16 1991 Reg. No. 14260 Approved by Date: el— 4, — / RPT49504 5....7 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 ELRENE ROAD AND TRAILS END ROAD UTILITY AND STREET IMPROVEMENTS EAGAN, MINNESOTA PROJECT NO. 589R SCOPE: This project provides for the upgrading of Elrene Road (from Wescott Road to Yankee Doodle Road) and Trails End Road. The location of the project is shown in Figure No. 1. The upgrading of Elrene Road consists of widening the existing 24' wide rural roadway to a 36' wide urban roadway. The new 36' section will connect to the existing 44' wide roadway to the south between Wescott Road and Windtree Drive. A bituminous trail is proposed to be constructed on the east side of Elrene Road in accordance with the City's Master Trail Plan. The upgrading of Trails End Road consists of regrading the existing rural gravel roadway and constructing a 32' wide bituminous urban roadway. Upgrading both roads will also include utility construction. The proposed upgrading of each roadway is due to the development of Wescott Square and The Woodlands North development. FEASIBILITY AND RECOMMENDATION: The project is feasible from an engineering standpoint and is in accordance with street reconstruction policies in the City of Eagan. The project as outlined herein can best be carried out as one contract. Elrene Road is designated as a Municipal State Aid Street in the City of Eagan. Therefore, the plans must be prepared in accordance with Municipal State Aid Standards and be submitted to the State Aid Office for their review and approval. The recommended 36'wide street width for Elrene Road requires parking restrictions on both sides. The existing average daily traffic 49504.RP2 1 o 2 c I 8: I 3 444 1 Begin Reconstruction i 1---1 II 1 -- , ; lli H ' ; YANKEE DOOQLE,RII 3 I €..f y ROAD I i £ I.End Construction .`'"j " Begin Construction 3 O cP o , 1 i :::..... Y to cn 1-"r1- ,� R • End Reconstruction >< I Aegin Overlay . 1. (....., I I. j ' } _ ,' -'- .., ' .1-,' 2 '14 : '-- /- : '■ ' '-'1-- -7''''.' ' -1 ©od r .1 i _ WESCOrr ROAD I ,;"-, '' I , l(2- /,,• ',../:- ::: 1, End Overiby 0 1000 2000 �:< �, ? a Scale in feet Engineers Q Architects Elrene and Trails End Road fl B°neitr°° Rosen. Location Plan O Anderlik 8 Associates Minnesota Project No. 589R Minnesota Date: MAY 1990 , 1 Eagan, Comm. 49504 Fig• No. SCT count (1989 ADT) for this section of Elrene Road is 1570. The projected ADT for the year 2010 is 3570. DISCUSSION: Street - The proposed street construction under this project can be separated into three sections. Trails End Road - 32' wide residential roadway. (See Figure 2 & 2a) Elrene Road (north Portion) - 36' wide roadway upgrade. (See Figure 2 & 2A) Elrene Road (south portion) - 44' wide mill and overlay. (See Figure 2C) The first section, Trails End Road, consists of upgrading the existing gravel road to a 32' wide residential roadway. As part of the proposed construction, street entrances for the proposed developments north and south of Trails End Road (Wescott Square and The Woodlands North Addition) will be provided. The intersection of Trails End Road and Ivy Lane will also be completed. Lots abutting Trails End Road in the Woodlands North will have direct driveway access. However, it's anticipated the driveway locations can be determined before construction. Therefore, it's proposed to install B618 concrete curb and gutter on Trails End Road. The second street section, Elrene Road consists of upgrading Elrene Road between the north edge of the Windtree Additions and Yankee Doodle Road. The existing roadway in this section is a 22' wide bituminous surface. It is proposed to upgrade the roadway to a 36' wide surface to connect to the existing urban road section at Windtree Drive. The present roadway was constructed in 1974. At that time,the gravel base for the roadway was constructed to a width of 40'. This project will utilize the existing 40'wide gravel base where possible. However, part of the proposed project will require regrading the roadway to meet 49504.RP2 4 O sight distance requirements near Trails End Road. The proposed Elrene Road design section is: 1" 2361 Bituminous Wear (to be placed in 1992) 1-1' 2341 Bituminous Binder 2-1/2" 2331 Bituminous Base 6" Class 5 Aggregate Base (existing) 9" Class 3 Aggregate Base (existing) It is proposed to construct B624 (non-surmountable) concrete curb and gutter along Elrene Road. Also included is an 8' wide bituminous trail located along the east side of Elrene Road constructed within the existing right-of-way in accordance with the City's Master Trail Plan. The final street section, Elrene Road overlay, consists of milling and overlaying the existing 44' wide roadway between Wescott Road and 200' north of Windtree Drive (see Figure 2C). The existing surface in this section does not meet State Aid design standards for the projected traffic counts of the roadway. The proposed 1-1" overlay will add enough granular equivalency to the existing section to meet State Aid standards. It is also proposed to construct valley gutters and repair broken concrete curb and gutter and street settlements as required. Storm Sewer - Storm sewer is proposed to be constructed to convey runoff from streets and adjacent areas. The construction will include catch basins, manholes, and storm sewer outlets for the adjacent ponding areas. The proposed storm sewer will provide an outlet from Pond JP-33.1 to Pond JP-14 (see Figure 3). The proposed storm sewer consists of lateral and trunk. The lateral storm sewer will collect surface drainage from Trails End Road, Elrene Road, and the abutting drainage 49504.RP2 5 areas and discharge into Pond JP-33.1,the existing storm sewer to Pond JP-14 or the existing 33" storm sewer located west of Ivy Lane near Trails End Road. The lateral storm sewer drainage area is shown on Figure No. 3. Trunk storm sewer as part of this project consists of a 12" diameter outlet pipe from Pond JP-33.1 connecting to the storm sewer pipe to Pond JP-14. The inlet pipe to Pond JP- 14 was constructed as part of the West Publishing 3rd Addition, Project No. 585) Design considerations for Pond JP-33.1 assume only the direct runoff from Wescott Square. The Woodlands North, Elrene Road, Trails End Road, and an undeveloped portion of West Publishing. In the future when West Publishing develops further, additional ponding (Pond JP-33.2) will have to be provided. The wet volume requirements for Pond JP-33.1 assumes only the developed portions of Wescott Square and The Woodlands North. It is proposed that Pond JP33.1 be developed and graded as part of this project. Pond JP33.1 is located within the 150' wide protected green area designated by West Publishing on their property. Listed below are the requirements for Pond JP-33.1 and the future requirements for Pond JP33.2. Pond Storage Wet Volume Direct Drainage Designation NWL 1-IWL (Ac. Ft.) (Ac. Ft.) (area acres) Pond JP-33.1 872 878 2.3 0.73 25.9 Pond JP-33.2 874 880 15.0 7.6 53.7 Sanitary Sewer - Presently sanitary sewer exists in both Trails End Road and Elrene Road. As part of this project, it is proposed to provide sanitary sewer stubs for the proposed developments along Trails End Road and the proposed Woodlands North cul-de-sacs on 49504.RP2 6 VL Elrene Road. It is also proposed to extend sanitary sewer in Trails End Road westerly from Ivy Lane as shown in Figure No. 3. Water Main - As part of this project, it is proposed to construct water main in Trails End Road. The proposed water main will connect to existing water main at Elrene Road and Ivy Lane. Water main stubs and hydrants will also be provided for the proposed developments along Trails End Road and the proposed cul-de-sacs on Elrene Road shown on Figure No. 5. It is also proposed to construct a 16" trunk water main stub to the west from Elrene Road, consistent with the City's Comprehensive Water Distribution Plan. The location of the 16" stub is also shown on Figure No. 5. Services: Service extensions are proposed to Lot 2 Block 1 Wescott Garden Lots (Trails End Road) in accordance with the approved Woodlands North Development. RIGHT-OF-WAY/EASEMENTS/PERMITS: Sufficient right-of-way exists to construct both Elrene and Trails End Road and the bituminous trail along the east side of Elrene Road. Also, temporary slope easements will be needed along both roadways. A permanent street easement is required for Trails End Road as it curves south, west of Ivy Lane. This easement will be necessary to provide a 20 MPH street curve at that location. A permanent utility easement will be required for storm sewer discharging into and out of Pond JP-33.1. In addition, a ponding easement is required for Pond JP-33.1. A storm sewer easement is also required to connect the proposed storm sewer to the existing storm sewer at the west end of Trails End Road. Listed below are the parcels requiring permanent easements: 49504.RP2 7 • Parcel Description Easement Type meted Area WESCOTT GARDEN LOTS Lot 2, Block 1 Street 2,800 ft2 WESCOTT HILT S THIRD ADDITION Lot 14, 15 Block 1 Storm Sewer 600 ft2 NW 1/4, SECTION 13 West Publishing 4th Addition Outlot B Storm Sewer & Pond 48,750 ft2 A permit is required from the Minnesota Department of Health for all water main construction. A permit is also required from Dakota County for the connection of Elrene Road at Yankee Doodle Road. 49504.RP2 8 COST ESTIMATE: Detailed cost estimates are presented at the back of this report in Appendix A. A summary of these costs are as follows: I. STREET IMPROVEMENTS a) Trails End Road $151,340 b) Elrene Road (North Section) 434,560 c) Elrene Road Overlay (South Section) 78,090 d) Elrene Road Bituminous Trail 33,380 II. STORM SEWER a) Trunk 109,990 b) Lateral 216,660 III. SANITARY SEWER a) Trails End Road 93,730 b) Elrene Road (Lateral) 25,350 IV. WATER MAIN a) Trails End Road 66,460 b) Elrene Road (Lateral) 36,050 c) Elrene Road (Trunk) 9,700 V. SERVICE a) Trails End Road 11.230 Total $1,266,540 The total estimated project cost as outlined herein including contingencies and all related overhead is $1,266,540. Overhead costs are estimated at 30% and include legal, engineering, administration and bond interest. 49504.RP2 9 AREA TO BE INCLUDED: Listed below are the parcels proposed to be assessed: NW 1/4 SECTION 13 West Publishing 4th Addition Lot 1 Block 2 Outlot B Outlot C NE 1/4 SECTION 14 Parcel 013-01 WESCOTT GARDEN LOTS Lot 2 Block 1 Part of Lot 1 Block 4 (Parcel 012-04) WESCOTT SQUARE Outlot G Lots 1-18 Block 2 WESCOTT HILLS REVISED 2ND ADDITION Lot 1,2 Block 2 WESCOTT HILLS REVISED 3RD ADDITION Lots 15, 16, 17 Block 1 THE WOODLANDS NORTH Outlot A, B, C, D Lots 1-5 Block 1 Lots 1-8 Block 2 Lots 1-16 Block 3 Lots 1-10 Block 4 SOUTH HILLS FIRST ADDITION Lots 1,9 Block 2 Listed below is property abutting the overlay portion of Elrene Road that is not proposed to be assessed (construction area): 49504.RP2 10 (19 Platted Property Windtree Addition Lots 1, 4, 5, & 14; Block 1 Windtree 3rd Addition Lot 1; Block 1 Lots 1, 8, 9, & 10; Block 3 Windtree 5th Addition Lots 10 & 11; Block 1 Windtree 7th Addition Lots 1-4; Block 1 South Hills First Addition Lots 10 & 11; Block 2 Listed below is property abutting Trails End Road that is not proposed to be assessed but adjacent to the construction: NE 1/4 SECTION 14 Parcel 011-02 WESCOTT HILLS REVISED 3RD ADDITION, Lot 14, Block 1 ASSESSMENTS: Assessments are proposed to be levied against the benefited properties in accordance with assessment policies established in the City of Eagan. A preliminary assessment roll is included in Appendix B (attached). Assessments will be spread over a 10 year period at an interest rate determined at the time of the bond sale. The proposed assessments are separated into street (Elrene and Trails End Road), storm sewer (lateral and trunk), sanitary sewer (Elrene and Trails End Road), water main (Elrene and Trails End Road), and services. It is not proposed to assess the cost for the bituminous trail along the east side of Elrene Road. It's cost will be financed by the City's Park Trail Dedication Fund. Street Assessments - Street is proposed to be assessed on a front foot basis to the adjacent properties. Street assessments for this project fall into three sections: Trails End Road,the north portion of Elrene Road (upgrade), and the south portion of Elrene Road (overlay). It is proposed to assess each street section on a front foot basis to the adjacent properties 49504.RP2 11 (-0 in accordance with Eagan's Assessment Policy. The assessment rate for the Elrene Road Overlay is determined by dividing the estimated cost of an equivalent 32' wide residential street by the total front footage. Two lots in South Hills First Addition which take direct access to Elrene Road are proposed to be assessed one-half of this rate in accordance with the City's Policy for assessing bituminous overlay construction. The residential rate for Trails End Road was determined by dividing the total project cost for Trails End Road by the total assessable front footage. The full rate for Elrene Road was determined by dividing the total project cost for Elrene Road by the total front footage excluding Trails End Road right-of-way. The residential equivalent rate for Elrene Road is assumed to be the same residential rate for Trails End Road. The residential lots in The Woodlands North Development which abut Elrene Road and do not have direct driveway access to Elrene Road are not proposed to be assessed in accordance with Eagan's Assessment Policy. Front Estimated Footage Cost Rate Trails End Road 2,369.32 $151,340 $63.87/F.F. Residential Elrene Road (Upgrade) 6,116.16 $434,560 $71.05/F.F. Full Elrene Road (Overlay) 4,340 $ 78,090 $ 6.54/F.F. *Residential Equivalent * Rate equals = 32'/44' ($78,090) = $56,790; Rate/F.F. ($56,790 + 4,340/F.F.) 0.5 = $6.54 Storm Sewer Assessments-Storm sewer proposed herein is lateral and trunk. Lateral storm sewer is to be assessed on a square foot basis to the properties which drain to, or benefit from, the storm sewer construction as part of this project. The lateral assessment rate per 49504.RP2 12 (.0 square foot is determined by taking the total lateral storm sewer cost divided by the total drainage area including street right-of-way. The rate per square foot is separated into commercial, multiple, and residential rates based on the percentage difference for the 1991 Trunk Area Storm Sewer Rates which are listed below. The estimated lateral storm sewer cost (to be assessed by drainage area) is $216,660. 1991 TRUNK STORM SEWER RATES Commercial/Industrial 0.102/ft2 Multiple 0.085/ft2 Residential 0.068/ft Listed below are the drainage areas used for determining each lateral rate including street right-of-way. It is assumed for purposes of this report that the runoff rate for street right-of-way is equal to commercial property. Area (sq.ft.) Rate per sq.ft. Street R.O.W. 301,500 $0.148 Commercial 542,400 0.148 Multiple (0.8333 Comm.) 205,180 0.123 Residential (0.6666 Comm.) 672,970 0.099 Final lateral storm sewer assessment rates will be determined by using the actual storm sewer costs. The final lateral costs along with the areas and percentages above can be used to determine the final rate. 49504.RP2 13 It is proposed to assess trunk storm sewer to the benefited properties east of Elrene Road which have not been assessed. The area to be assessed trunk storm sewer is shown on Figure 3A and is proposed to be assessed at the commercial rate. Sanitary Sewer Assessments -Sanitary sewer proposed herein is lateral and is to be assessed totally to the benefited properties. All sanitary sewer in Tails End Road between Elrene Road and West of Ivy Lane is to be assessed to the assessable property along Trails End Road on a front foot basis. The sanitary sewer services in Elrene Road are proposed to be assessed to the benefited property they serve. Preliminary assessments are presented in Appendix B. Final assessments will be based on final construction costs. Water Main Assessments - Water main proposed herein is lateral and is to be assessed to the benefiting properties. Water main in Trails End Road will be assessed to abutting properties on a front foot basis. Water Services in Elrene Road are proposed to be assessed to the benefitting property they serve. Final assessments will be based on final construction costs. Service Assessments - Services proposed herein are to serve the future Woodlands North Development included in Lot 2 Block 1 Wescott Garden Lots. Therefore, their cost is propose to be assessed entirely to this lot. • • 49504.RP2 14 REVENUE: Revenue sources to cover the cost of this project are listed below: PROJECT REVENUE BALANCE STREET Mal.... (ASSESSMENT) (Deficit) Trails End Road $151,340 $151,340 $ - 0 - Elrene Road (North Section) 434,560 323,875 (110,685) Elrene Road Overlay (South Section) 78,090 2,641 (75,449) Elrene Road Bituminous Trail 33,380 (33.380) $697,370 $477,856 ($219,514) STORM SEWER Lateral $216,660 172,136 (44,524) Trunk 109.990 , • 152.695 +42.705 $326,650 $324,831 ($1,819) SANITARY SEWER Trails End Road $93,730 93,730 - 0 - Elrene Road 25.350 25.530 - 0 - $119,080 $1 19,080 0 WATER MAIN Trails End Road $66,460 66,460 - 0 - Elrene Road 36,050 36,050 - 0 - Elrene Road Trunk 9.700 - (9700) $112,210 $102,510 ($9,700) SERVICE Service $11,230 $11,230 - 0 - TOTAL ($231,033) The estimated project deficit is $231,033 which will be the responsibility of the respective major improvement funds. 49504.RP2 15 PROTECT SCHEDULE Present Feasibility Report April 2, 1991 • Public Hearing May 7, 1991 Approve Plans and Specifications May 21, 1991 Open Bids/Award Contract June 18, 1991 Substantial Completion of Construction September, 1991 Complete Construction June, 1992 Assessment Hearing August, 1992 First Payment Due with Real Estate Taxes May, 1993 • • 49504.RP2 16 APPENDIX A PRELIMINARY COST ESTIMATE ELRENE ROAD AND TRAILS END ROAD PROJECT NO. 589R I. STREET IMPROVEMENTS. Unit Total A. TRAILS END ROAD Unit Price Quantity Cost Clearing & grubbing L.S. $4,000.00 1 $ 4,000 Common excavation C.Y. 3.00 8,800 26,400 Subbase preparation S.Y. 1.00 3,050 3,050 Subgrade preparation S.Y, 1.00 6,470 6,470 100% crushed Cl. 5 aggregate Ton 7.00 2,800 19,600 Concrete curb & gutter L.F. 5.00 2,900 14,500 Concrete valley gutter S.Y. 22.00 250 5,500 Bituminous base course Ton 11.00 660 7,260 Bituminous wear course Ton 13.00 330 4,290 Bituminous mat. for mixture Ton 155.00 . 56 8,680 Bituminous mat. for tack Gal. 1.00 380 380 Adjust manhole Ea. 150.00 7 1,050 Adjust gate valve & box Ea. 100.00 7 700 Storm sewer inlet protection Ea. 50.00 12 600 Topsoil borrow C.Y. 8.00 500 4,000 Silt fence L.F. 2.00 50 100 Sod S.Y. 2.00 800 1,600 Seed w/mulch & fertilizer Ac. 900.00 3 2.700 Total $110,880 +5% Contingencies 5.540 $116,420 +30% Legal, Engr., Admin. & Bond Interest 34,920 TOTAL TRAILS END ROAD $151,340 49504.rpt A-1 13 B. ELRENE ROAD WITH CURB (North Section) Unit Total Unit price Quantity Coll Traffic control L.S. $8,800.00 1 $8,800 Remove bituminous surface S.Y. 1.00 10,000 10,000 Clearing & grubbing L.S. 8,000.00 1 8,000 Common excavation C.Y. 2.50 16,500 41,250 Subgrade excavation C.Y. 2.50 1,000 2,500 100% crushed Cl. 5 aggr. Ton 7.00 5,500 38,500 B624 conc. curb & gutter L.F. 6.00 6,800 40,800 Concrete valley gutter S.Y. 22.00 130 1,320 Bituminous base course Ton 12.00 2,050 24,600 Bituminous binder course Ton 13.00 1,230 15,990 Bituminous wear course Ton 20.00 820 16,400 Bituminous mat. for mixture Ton 155.00 230 35,650 Bituminous mat. for tack coat Gal. 1.00 . 1,400 1,400 Adjust manhole & catch basin Ea. 150.00 23 3,450 Adjust gate valve & box Ea. 100.00 10 1,000 Pavement striping L.S. 5,000.00 1 5,000 Street Lights L.S. 1,200.00 1 1,200 Storm sewer inlet protection Ea. 50.00 24 1,200 Topsoil borrow C.Y. 8.00 4,500 36,000 Silt fence L.F. 1.00 1,500 1,500 Sod S.Y. 2.00 8,900 17,800 Seeding w/mulch & fertilizer Ac. 1,000.00 4 4,000 Relocate civil defense L.S. 2,000.00 1 2.000 Total $318,360 +5% Contingencies 15,920 $334,280 +30% Legal, Engr., Admin. & Bond Interest 101280 TOTAL ELRENE ROAD WITH CURB (North Section) $434,560 49504.rpt A-2 7(k C. ELRENE ROAD OVER LAY (South section) Unit Total Unit Price Quantity fgal Remove existing bituminous S.Y. $1.50 240 $360 Remove existing conc. curb L.F. 3.00 870 2,610 Concrete valley gutter S.Y. 22.00 190 4,180 100% Crushed Cl. 5 aggr. base Ton 7.00 100 700 6" Thick bituminous patch S.Y. 20.00 240 4,800 Mill Ex. bituminous S.Y. 1.50 6,900 10,350 Adjust manhole Ea. 150.00 12 1,800 Adjust gate valve Ea. 100.00 4 400 B618 Concrete curb L.F. 5.00 510 2,550 Bituminous wear course Ton 20.00 850 17,000 Bituminous mat. for mixture Ton 175.00 50 8,750 Bituminous mat. for tack Gal. 1.00 350 350 Pavement striping L.S. 2,000.00 1 2,000 Remove & replace bit. walk S.F. 2.00 640 1,280 Sod S.Y. 2.00 40 80 Total $57,210 +5% Contingencies 2.860 $60,070 +30% Legal, Engr., Admin. & Bond Interest 18.020 TOTAL ELRENE ROAD OVERLAY $78,090 49504.rpt A-3 -I C"----- D. ELRENE ROAD BITUMINOUS TRAIL Unit Total Unit Edo Quantity Cost 100% Crushed Cl. 5 aggregate base Ton $7.00 1,270 $ 8,890 2" Bituminous walk S.F. 0.60 25,950 $15.570 Total $24,460 5% Contingencies 1.220 $25,680 +30% Legal, Engr., Admin. & Bond Interest 7.700 TOTAL ELRENE ROAD TRAIL $33,380 49504.rpt A-4 1 (0 II II. STORM SEWER Unit Total Unit Price Quantity Cut A. TRUNK Clear and grub for ponds L.S. $2,000.00 1 $2,000 Common excavation (Pond Grading) C.Y. 2.50 ' 10,000 25,000 Topsoil borrow C.Y. 8.00 200 1,600 12" RCP storm sewer L.F. 22.00 970 21,340 15" RCP storm sewer L.F. 23.00 160 3,680 Improved pipe foundation L.F. 2.00 1,500 3,000 12" & 15" RCP apron Ea. 700.00 5 3,500 Silt fence L.F. 1.00 100 100 Seed Ac. 1,000.00 3.5 3,500 Rip rap C.Y. 50.00 5 250 Standard manhole Ea. 1,500.00 8 12,000 Manhole depth greater than 8' L.F. 60.00 40 2,400 Mechanical trench compaction L.F. 1.00 1,910 1,910 Marker sign w/post Ea. 60.00 5 300 Total $80,580 +5% Contingencies 4.030 $84,610 +30% Legal, Engr., Admin. & Bond Interest 25.380 TOTAL TRUNK STORM SEWER $109,990 49504.rpt A-5 //e7 • . LATERAL Unit Total nit price Quantity Cost Salvage & install RCP storm sewer L.F. $15.00 30 $450 Bulkhead RCP storm sewer Ea. 100.00 15 1,500 Remove existing storm sewer L.F. 9.00 550 4,950 12" RCP storm sewer L.F. 22.00 200 4,400 15" RCP storm sewer L.F. 23.00 1,100 25,300 18" RCP storm sewer L.F. 26.00 560 14,560 21" RCP storm sewer L.F. 30.00 40 1,200 24" RCP storm sewer L.F. 32.00 320 10,240 27" RCP storm sewer L.F. 38.00 400 15,200 30" RCP storm sewer L.F. 44.00 300 13,200 33" RCP storm sewer L.F. 65.00 300 19,500 30" RCP flared end Ea. 620.00 1 620 33" RCP flared end Ea. 865.00 1 865 Rip rap C.Y. 50.00 50 2,500 Connect to existing structure Ea. 500.00 5 2,500 Improve pipe foundation L.F. 2.00 2,000 4,000 Standard catch basin Ea. 750.00 18 13,500 Standard catch basin manhole Ea. 900.00 15 13,500 Standard manhole Ea. 1,000.00 6 6,000 Manhole dp greater than 8'dp (4' dia.) L.F. 60.00 30 1,800 Mechanical trench compaction L.F. 1.00 2,500 2,500 Marker sign w/post Ea. 50.00 8 _MI Total $158,685 +5% Contingencies 7.935 $166,620 +30% Legal, Eng., Admin. & Bond Interest 49.990 TOTAL LATERAL $216,610 49504.rpt 4. ? III. SANITARY SEWER Unit Total Unit Price Quantity Cost A. TRAILS END ROAD, 8" D.I.P. sanitary sewer L.F. $50.00 650 $32,500 8" P.V.C. sanitary sewer L.F. 20.00 220 4,400 Outside drop 8" L.F. 150.00 86 12,900 Connect to existing manhole Ea. 500.00 5 2,500 Standard 4' dia. manhole Ea. 1,500.00 7 10,500 MH greater than 8'dp (4'dia.) L.F. 70.00 70 4,900 Improved pipe foundation L.F. 2.00 50 100 Mechanical trench compaction L.F. 1.00 870 870 Total $68,670 +5% Contingencies , 3.430 $72,100 +30% Legal, Engr., Admin. & Bond Interest 21.630 TOTAL TRAILS END ROAD $93,730 Unit Total Unit rice Quantity Cost B. ELRENE ROAD 8" P.V.C. sanitary sewer L.F. $17.00 250 $5,270 8" D.I.P. sanitary sewer L.F. 25.00 70 1,750 Outside drop 8" L.F. 150.00 25 3,700 Standard 4' dia. manhole L.F. 1,500.00 5 7,500 Improved pipe foundation L.F. 2.00 50 100 Mechanical trench compaction L.F. 1.00 250 Total $18,570 +5% Contingencies 930 $19,500 +30% Legal, Engr., Admin. & Bond Interest 5.850 TOTAL ELRENE ROAD $25,350 49504.rpt A-7 1.-Ct. III IV. WATER MAIN Unit Total Unit Price Quantity Cost A. TRAILS END ROAD 4" D.I.P. Cl. 52 L.F. $14.00 50 $700 6" D.I.P. Cl. 52 L.F. 16.00 420 6,720 8" D.I.P. Cl. 52 L.F. 18.00 1,410 25,380 8" Gate valve & box Ea. 600.00 3 1,800 6" Gate valve & box Ea. 500.00 5 2,500 4" Gate valve & box Ea. 400.00 1 400 Hydrant Ea. 1,200.00 4 4,800 Fittings Lb. 1.00 4,000 4,000 Connect to Ex. WM Ea. 100.00 5 500 Mechanical trech compatction L.F. 1.00 1,880 1.880 Total $48,680 . +5% Contingencies 2.440 . $51,120 30% Legal, Engr., Admin. & Bond Interest 15.340 TOTAL TRAILS END ROAD WATER MAIN $66,460 49504.rpt A-8 lo- B. ELRENE ROAD (Lateral), Unit Total Unit Price Quantity Cost Wet tap 16" D.I.P. Ea. $2,000.00 5 $10,000 6" D.I.P. Cl. 52 L.F. 16.00 75 1,200 8" D.I.P. Cl. 52 L.F. 18.00 100 1,800 10" D.I.P. Cl. 52 L.F. 20.00 200 4,000 6" Gate valve & box Ea. 500.00 1 500 Water main insulation S.F. 2.50 2,200 5,500 Relocate hydrant Ea. 800.00 • 1 800 Hydrant riser L.F. 500.00 3 1,500 Fittings Lb. 1.00 740 740 Mechanical trench compaction L.F. 1.00 370 370 Total $26,410 +5% Contingencies 1220 $27,730 +30% Legal, Engr., Admin. & Bond Interest 8.320 TOTAL ELRENE ROAD LATERAL WATER MAIN $36,050 C. ELRENE ROAD (Trunk), Unit Total Unit Price Quantity Cost 16" x 16" connection w/B.V. & box Ea. $5,000.00 1 $5,000 16" D.I.P. L.F. 50.00 30 1,500 Fittings Lb. 1.00 600 600 Total $7,000 +5% Contingencies 360 $7,460 +30% Legal, Engr., Admin. & Bond Interest 2.240 TOTAL ELRENE ROAD TRUNK WATER MAIN $9,700 49504xpt A-9 g 1 V. SERVICE Unit Total Unit Ehm Quantity Cost A. TRAILS END ROAD Wye branch (8" x 4") Ea. 300.00 4 $1,200 Televise sewer service riser E.a. . 400.00 . 3 1,200 Riser pipe (4") L.F. 20.00 60 1,200 Sewer service (4") L.F. 10.00 190 1,900 I Sewer cleanout Ea. 200.00 3 600 Corporation stop (1") Ea. 40.00 4 160 Curb stop (1") Ea. 80.00 4 320 Cooper water service (1") L.F. 8.00 180 1,440 Mechanical trench compaction L.F. 1.00 210 210 Total $8,230 +5% Contingencies 410 $8,640 +30% Legal, Engr., Admin. & Bond Interest 2.590 TOTAL SERVICES $11,230 49504.rpt A-10 3?-.2.____ SUMMARY PRELIMINARY COST ESTIMATE I. STREET IMPROVEMENTS A) Trails End Road $151,340 B) Elrene Road (North Section) 434,560 C) Elrene Road Overlay (South Section) 78,090 D) Elrene Road Bituminous Trail 33,380 II. STORM SEWER A) Trunk 109,990 B) Lateral 216,660 III. SANITARY SEWER A) Trails End Road 93,730 B) Elrene Road 25,350 IV. WATER MAIN A) Trails End Road 66,460 B) Elrene Road (Lateral) 36,050 C) Elrene Road (Trunk) 9,700 II V. SERVICE A) Trails End Road 11.230 Total $1,266,540 49504.rpt A" 1 APPENDIX B PRELIMINARY ASSESSMENT ROLL ELRENE ROAD AND TRAILS END ROAD Project No. 589R I. STREET IMPROVEMENTS A. TRAIL S END ROAD Parcel Description Front Foot Rate/F.F. 152W NE 1/4 Section 14 Wescott Hills Revised 2nd Addn. Lot 1 Block 2 93.94 63.87 6,000 Lot 2 Block 2 95.62 63.87 6,108 Westcott Hills Revised 3rd Addn. Lot 15 Block 1 30 63.87 1,916 Lot 16 Block 1 47 63.87 3,002 Lot 17 Block 1 90 63.87 5,749 Wescott Square Outlot G 536.44 63.87 34,265 Lots 1-8 Block 2 314.08 63.87 20,062 Wescott Garden Lots Lot 2 Block 1 628.40 63.87 40,139 The Woodlands North Outlot C 121.99 63.87 7,792 Outlot D • 147.91 • '63.87 9,448 Lot 1-16 Block 3 111.03 63.87 7,092 Lot 1-10 Block 4 152.91 63.87 9.767 TOTAL 2369.52 151,340 49504.rpt p-y B. ELRENE ROAD WITH CURB (North Section) Parcel Description Front Foot Rate/F.F. Total NW 1/4 Section 13 West Publishing 4th Addn. Lot 1 Block 2 321.99 63.87* 20,566 Outlot B 2476.94 71.05** 175,989 Outlot C 325.01 71.05 23,092 NE 1/4 Section 14 Parcel 013-01 280 71.05 19,894 Wescott Square Outlot G 273.09 71.05 19,403 The Woodlands North Lots 1-16 Block 3 391.79 0.00 0.00 Outlot A 127.18 71.05 9,036 Outlot B 100.05 71.05 7,109 Outlot D 506.84 71.05 36,012 Lot 1-5 Block 1 517.24 0.00 0.00 Lot 1-7 Block 2 596.03 0.00 0.00 Lot 8 Block 2 200.00 63.87 12.774 TOTAL 6,116.16 323,875 *Assessment Rate = Residential Rate for Trails End Road **Assessment Rate = $434,560 + 6,116.16 = 71.05 I C. FLRENE ROAD OVERLAY (South Section) Parcel Description Front Foot Rate/F.F. Total South Hills First Addition Lot 1 Block 2 193.85 6.54* 1,268 Lot 9 Block 2 210.00 6.54 1.373 TOTAL $2,641 * Estimated Cost = $78,090, (32 + 44) x 78,090 = 56,790, Total Length 2,170 L.F.; 4340 F.F. Assessment Rate = ($56,790 + 4,340 F.F.) 0.5 = $6.54/F.F. 49504.rpt B-2 J H STORM SEWER A. Trunk Parcel Area Credit Assessable Rate/ Description (Sq. ft.) (Sq. ft.) Area (Sq. ft.) Sq. ft. Total NW 1/4 Section 13 West Publishing 4th Addition Outlot B 1,180,130 - 1,180,130 $.102 $ 120,373 Outlot C 316,880 - 316,880 .102 32.322 TOTAL $152,695 B. Lateral Parcel Assessable Rate/ Description Area (Sq. ft.) Sq. ft. Total NW 1/4 Section 13 West Publishing 4th Addition Lot 1 Block 2 143,600 - Res. $0.099 $ 14,216 Outlot B 472,400 - Comm. 0.148 69,915 Outlot C 70,000 - Comm. 0.148 10,360 NE 1/4 Section 14 Parcel 013-01 6,870 - Res. 0.099 680 Wescott Square Outlot G 111,880 - Mult. 0.123 13,761 Lots 1-18 Block 2 15,000 - Mult. 0.123 1,845 Wescott Garden Lots Lot 2 Block 1 150,000 - Res. 0.099 14,850 Parcel 012-04 (part of Lot 1, Blk. 4) 35,000 - Res. 0.099 3,465 49504.rpt B-3 S)6, Parcel Assessable Rate/ Description Area (Sq.ft.) Sq.ft. Total The Woodlands North Outlot A 25,500 - Mult. 0.123 3,137 Outlot B 6,000 - Mult. 0.123 738 Outlot C 15,750 - Res. 0.099 1,559 Outlot D 51,500 - Res. 46,800 - Mult. 0.099, 0.123 10,855 Lots 1-5 Block 1 37,500 - Res. 0.099 3,713 Lots 1-8 Block 2 54,000 - Res. 0.099 5,346 Lots 1-16 Block 3 102,500 - Res. 0.099 10,147 Lots 1-10 Block 4 76,250 - Res. 0.099 7.549 TOTAL $172,136 49504.rpt B-4 • g7 III SANITARY SEWER A. Trails End Road Parcel Description Front Foot Rate/F.F. LAW Westcott Square Outlot G 536.44 46.57 24,981 Lots 1-18 Block 2 314.08 46.57 14,626 Westcott Garden Lots Lot 2 Block 1 628.40 46.57 29,263 The Woodlands North Outlot C 121.99 46.57 5,681 Outlot D 147.91 46.57 6,888 Lots 1-16 Block 3 111.03 46.57 5,170 Lots 1-10 Block 4 152.91 46.57 7,121 TOTAL 2,012.76 93,730 B. Elrene Road Parcel Description Number of Service Cost/Service Total West Publishing 4th Addition Outlot B 3 $4,255 $12,765 The Woodlands North Lot 1-5 Block 1 1 4,255 4,255 Lot 1-8 Block 2 1 4,255 4,255 Outlot B 1 4.255 4.255 TOTAL 6 $25,530 49504.rpt B-5 8 gl IV WATER MAIN A. Trails End Road (Lateral). Parcel Description Front Foot Rate/F.F., Total Westcott Square Outlot G 536.44 33.02 17,713 Lots 1-18 Block 2 314.08 33.02 10,371 Westcott Garden Lots Lot 2 Block 1 628.40 33.02 20,749 The Woodlands North Outlot C 121.99 33.02 4,028 Outlot D 147.91 33.02 4,884 Lots 1-16 Block 3 111.03 33.02 3,666 Lots 1-10 Block 4 152.91 33.02 5.049 TOTAL 2,012.76 66,460 B. Elrene Road (Lateral) Parcel Description Number of Service Cost/Service Total West Publishing 4th Addition Outlot B 2 $7,210 $14,420 Outlot C 1 7,210 7,210 The Woodlands North Lot 1-5 Block 1 1 7,210 7,210 Lot 1-8 Block 2 1 7,210 7.210 TOTAL 5 $36,050 49504.rpt B-6 61 1 V SERVICES A. Trails End Road Parcel Description Total Westcott Garden Lots Lot 2 Block 1 $11,230 49504.rpt B-7 90 o ri �5 ° al,gS S © pop o° S c� r�j°$ E~ A M h O M O* �O �O r M v 1 ,-li - . �D , . N N .1r •-i•-1 O (V .-i IN e N O O O O N N O .2 -w 2 C -b 00 O 6, k• h in A - ��M N Q `) W as - N E. 9 = w O N N t/i3O I �? "� W 1:4 �i w c Er � �. � N 1in in �.y rtl Q Q W nn ACn �' z 0)) pN v� N in Z CA F." � G/) N M Q y p \ op pOp O h .-- N m m O, V7 M �p� O� �p W `Si w O N C.M �O °OO. h � N h 000 M tr ti t7 o, Oc .�1 M .-1" M •--� O M vi [� N a ...---111 � z'" w a ..ti N M ;:i W p" r+ N W W U .-ti a P• 4 t4 -6 Sro2 g en et VI S N .-1 - M i N M ►, W b Q W 4 4 ,,,a, EL- �� a I y CO 0 N .y� Nrn Mw � e-4 8 NN ~ . . x .m .%vl N N N UU g1U o 018 04 EE aIMM � � ° C Q o .-iaPG 0 �' V r+ O O � N � O y .-� N 4 - .1 O O 0 � � .-i QE" I. y .0.0 4 w y Ir .d a� .r ar v . . .5 5 5 O . r r r r d d a P2 4 34 O3 33 333 O003333a 33 o- 29 14.1 2 22 GOPHER EAGAN i�u�"' OUTLOT G 5 Y OUTLOT 1 OUTLOT H 30 4 23 0 31 0 24 YANKEE DOODLE ROAD WESCOTT HILL z _ 4TH ADD. �„ 4CONCFCdt6G4 012-26 5 6 7 8 Off► 013-01 OUTLOT C OUTLOT D Y' 15 16 18 Icgb''® tno W p�' HILLS .(/�p{ cO G OUTLOT G CONC. C&G 012-26 . 7 . re. ® �a��a 4' F-F 8624 17 2 1 ' 'UgArk ' . T TLS END RD £ CONC. C&G Ilir id ,i . Will' ARM 011-02 32' F-F 8618 fir CONC. C&G i 1411r4 " 2 , 36' F-F B624 W 2 CONC. C&G 14- ittt3WN‘ft 014-02 i,. OUTLOT E‘'' t t48 °Y 0 �� tilit■ P --Ex. 6" GAS �� EXCEPTION Ex. 12" GAS 0 't 04C2 '.. 7 \ 1 2 QJ2OUTLOT B 0 Lj % 0 c). Q ,j. m c in foot 9A � © 0 0F2 O0 J 041-03 !cam 7 3 S 4 8' BITUMINOUS r 3 7 • 'K. TRAIL 042-03 2 OUTLOT A 5 s { 4 t O O �.• 7 Rl. O 6) APO Q�- 4 •. B 1 5 8 7 11 17 16 �'o�l 3�S OUTLOT A c F I A / 07 1 7 6 5 /// 0144.7,,... 7 12 30 STREET RECONSTRUCTION E CONC. C&G 4 ` n 9onestroo Rosen EAGAN, MINNESOTA FIGURE & GURE NO. 2 Associates ELRENE ROAD\TRAILS END ROAD Engineers a Architect. 2335 W..t Highway 30 49\49504\49504HBR.DWG APRIL 1991 COMM. 49504 et. Paul. Minnesota S811s 4 7..,".4.'' "..._ . KU ROW 30' 30' — 14' 16' 16' 14' DESIGN GRADE 1/4" per ft. 2 80% 2.80% 1 4" er ft B618 CONCRETE CURB & GUTTER TRAILS END ROAD ROW 40' 40' 1' 8' 13' 18' 18' 22' DESIGN GRADE ROW 1/4" per ft. 2.21% 2.21% 11/4" er ft VARIABLE 7 2" BIT. WALK w/6" AGG. BASE 6+56 to 31 +00 B624 CONCRETE CURB & GUTTER ROW 40' _ 40' 1' 8' 13' 18' 26' 14' 1 DESIGN GRADE ROW 1/4" per ft.F2.21 1.48% 1/4" per f . 2" BIT. WALK w/6" AGG. BASE B624 CONCRETE 5+00 to 6+56 CURB & GUTTER ROW 40' 40' l'— 8' 5' 26' 18' 22' DESIGN GRADE R W " y4" per ft NARK 1/4 per ft. 1.48% � 2.21% 2" BIT. WALK 0+70 to 1 +80 w/6" AGG. BASE B624 CONCRETE ELRENE ROAD CURB & GUTTER TYPICAL STREET SECTIONS ki Bonostroo Rosen • m Anderilic & EAGAN, MINNESOTA FIGURE NO. 2A Associates ELRENE ROAD\TRAILS END ROAD Engineers a Architects 2335 West Highway ae 49\49504\49504HR1.DWG APRIL 1991 COMM. 49504 et Pal, IMtra+esot• 55113 5: • 29 W k 22 GOPHER LACiAty "vim .- 0 1 le 30 23 OUTLOT I OUTLOT H OUTLOT G J o 31 a 24 YANKEE DOODLE ROAD ——— — ——— —.--— ——— i�_-- --- 4r lS.L-.tom—— — •� — — —��— WESCOTT HILL��J 1 44' F-F 8624 012-26 4TH ADD. N CONC. C&G 5 6 7 8 �a C.1 013-01 OUTLOT C OUTLOT D ZIIIIIIIT. It 15 19 - �� N O� ] �PdEo �G OUTLOT G : CONC. C&G 012-26 ,�. I grid _� �p1 "A 4' F-F 6624 1 0 �Q��'* I i 'r CONC. C&G 011-02 D 32' F-F 8618 Sri i. CONC. C&G ,_ ;� Q a D ,� 36' F-F B624 W 2 � ; % 2 CONC. C&G 014-02 � li W Q l CC OOUTLOT E , P*9 N 1411111roY Ex. 6" GAS EXCEPTION Ex. 12" GAS R I \ 1 2 * le QV- OUTLOT B eggegiaar. D t" Q ��'� Sees In ret‘;W '‘PC) ® °v��'° °� LEGEND Q ��' 8 ■ s a . . . FULL RATE of °0 RESIDENTIAL RATE 041-03 2�0 4° 'x �� NO ASSESSMENT • 3 �S :' BITUMINOUS T OAK TRAIL 042-03 3 2 :UTL0TA 0 12 ��, g R 1 63 rj 8 7 11 17 16 ��O/ /I 3 2 1 OUTLOT A y�cF-I WIN EE ADD ,7 6 5 / u 7 1 2 3C) STREET ASSESSMENT LENGTHS CONC. C&G 4 %)' n Bonestroo , m Rosen Anderitk b EAGAN, MINNESOTA FIGURE NO.2B Associates ELRENE ROAD\TRAILS END ROAD Enar+w. a Architects 2335 W..t Highway 35 49\49504\49504H8R.DWG APRIL 1991 COMM. 49504 St. Paul, Minnesota 55113 .t . q %5 ... ,.. 4 1,• )\. OP" 07 •• 1 ® OUTLOT A 3 2 1 W/ ► 'EE ADD A 1 2,�-- Is FsCO 7 V :,,o-ta... (Agit _�__ �pNA a � 7r9 8 illOrrAlli._ 0440*... Ildi r t• i ,V 411ny� 10 9 AtthAll 11 12 14 5 16 17 13 OU LLS 0 10 wi �— 13 20 4 �, 30 2 �Q ° 11 12 11 5TH ik/71111111 10 21 tio 10 o 9 3 \\' iir'd t0 9 9 Et 8 - OJ 10 J 9 ® � 5 , miff 10- 8 6 ® 4 5.5 gpM 1 iv 1111():: ~g ® 1 i 1 o , ® 1 7 11 6 ' '•U 8 ASSESSMENT I! 3 Itiri--_____ 4 s r70 2 �. LEGEND - l ; 3 - ill ■ In RESIDENTIAL (FRONT FOOT) N O 4 5 6 7 8 ' 10 2 1 + _ - - - •_''') 1'___ - - - - 0 300 600)ii,4 Scale in feet STREET OVERLAY Al Bonestroo Rosen is EAGAN, MINNESOTA FIGURE 2C II Associates ELRENE ROAD\TRAILS END ROAD End. • Architects 2335 W. Highway 36 49\49504\49504-02 APRIL 1991 COMM. 49504 St. Paul. Minnesota 55113 C37\c7: 29 W (n 22 GOPHER tAVAn im.., 0 1 OUTLOT G 30 So J 23 OUTLOT I OUTLOT H J 31 8 2 YANKEE DOODLE ROAD WESCOTT HILLS h2 1 012-26 4TH ADD. ty u'� 5 6 7 8 2 a 0 013-01 OUTLOT C OUTLOT D 15 16 p� �'® t1� E$ , ILLS PAM" G OUTLOT G O �QD'Fsa FUTURE POND JP-33$ 012-26 1 '' X t A.. .L.. - /LS END RD C'`-- HWI∎880 �. �L• a� 4111P� ) STORAGE VOL 15.0 Ac.Ft Illf IP 1 ' r.J WET VOLUME=7.6 Ac.Ft. 1_MO T `rm 4" DRAINAGE AREA-53.7 Ac. 011-02 ��_`i/• ;� , W 2 to tsw * 1 1 NWL�B JP-33.1 • . � I HWL-878 014-02 •'�),� STORAGE VOL■2.3 Ac.Ft liptil P • DRAINAGE AREA 725.9 OUTLOT E ► °Y0 PO f ` \s`--Ex. 6" GAS may, 2 EXCEPT N r* --Ex. 12" GAS tk ° LATERAL ASSESSMENT �' �S��G 1 0 , Q Jq)\, \I o AREA = 40.2 Ac. ��, 12" 0 2 4<<',5,,-;„_,‘ 0 5 (,) -, s, , „,. cf, 0 UTLOT B N O<Z 6 if. 0 100 041-03 46,e1 Sods In fast 3 1/4S-' 5 � \ �6+ POND JP-16 POND JP-14 �X' NWL=875 NWL-831 - 'r 'AK' HWL-879 042-03 HWL=850 F+ -T- --- --- --- --- 111\11. \ ��1 Ex. 18 I 4 $ 1 8" �� `E Rs• G � 1 9 p e 4\P QP I 3 AV& OUTLOT A W/Nb -EE ADD s WW1 5 6 1 5 7 1 2 3C)16 STORM SEWER . jon.stroo Rosen EAGAN, MINNESOTA FIGURE b GURE NO. 3 Associates ELRENE ROAD\TRAILS END ROAD Engineers a Architects 2335 West Highway 36 49\49504\49504R0B.DWG APRIL 1991 COMM. 49504 St. Paul. Minnesota 55113 9.Z(.0::) 29 Y 22 GOPHER EAGAN Inuw ��.� 0 1 OUTLOT I OUTLOT H OUTLOT G S 30 23 O J 31 0 24 YANKEE DidODLE ROAD WESCOTT HILLS O 1 ' / / / . 012-26 4TH ADD. , 5 . 6 7 8 2 O_► 013-01 OUTLO,Y C ' OUTLOT D ' J / / 15 16 19 18 ��'� N / / • / , , ILLS r� 19`° °G OUTLOT G I (� © 4k " / , i i i , , , Al 012-26 Ed 4 �f/D�,•, /�+ ;' ;' ;' ;' ;' ;/ 1 1213 1 15 C 6 17 2 1 Imlay TRAILS END RD ;'(,?--� :' ;' ;' ;/ ;, ;/ /. , , . , , . . ,1 C 1 0 ,' + % % / / i i i IR. OM Q ��+ / , , / i i / / i 1 011-02 �� w �' �' i j' i i i/ i �' I .. 2 ` i i i i 1 Li 2 �v /, i / i i i i / I 014-02 : At. ` i i i i , i i I ,' / / / ' / nz cc It ,' : ' % , I OUTLOT E �`-Ex. 6" GAS PQQ 2 EXCEPTION Ex. 12" GAS Q \ �� 1 k \ �r,� O clO� ® O� 0 �0 \\\II F,�� OUTLOT B N p�F�, �fII 041-03 3 s \AK' EX /\ 042-03 \ F.}- 3 2 VO 1 Ex. 18 1 4 of R ir. 1 0 s i 3 ANA OUTLOT A 17 WIN. 'EE ADD vr�i 6 6 WI 7 1 2 3`) 5 �� STORM SEWER ki 9onestroo Rosen EAGAN. MINNESOTA FIGURE NO. 3A Assssociat s ELRENE ROAD\TRAILS END ROAD Enaiaar• ft Architects 2335 West Highway 35 49\49504\49504R0B.DWG APRIL 1991 COMM. 49504 St Paul, Minnesota 55113 • • • s 29 Y IQ 2 22 GOPHER t,AWiiv rn.L. •... - o 1 30 J 23 OUTLOT I OUTLOT H OUTLOT G 0 31 24 YANKEE DOODLE ROAD WESCOTT HILLS., 2 1 012-26 4TH ADD. i) tiL T, IN 5 6 7 8 �O� 013-01 OUTLOT C OUTLOT D t 5 • . �� ILLS 1��,�® °c OUTLOT G :,r I ID'P. © i�01�0 �p UTURE SAN. SEWER 012-26 1 ��l 61 7 2 1 d�� TRAIL ND RD � = ss lT --- -ss- 1 011-02 •_ 8 / �/ a �� 2 SAN. SEWER J $14% Oga Ex. 12" RCP tiVir SAN. SEWER 014-02 he* P 1 OUTLOT E P 8 Ex. 6" GAS ��(� EXCEPTION 6 Ex. 12" GAS G 2 8" ��-, T N 1 Q OUTLOT B KX\ \ VI 5� G/9 ' pNQ 8 lor.In foe 041-03 �(0 \ 3 S' T K• �\ ...--Ex. 9" VCP 042-03 SAN. SEWER 3 2 $„ 2 ® I OUTLOT A 5 6 I 4 "Et k e O °rte R� 1 c,'� Q.0 6 5 7 11 17 )-x-''501 8 3 8 16 2 1 OUTLOT A c� WIN EE ADD VIVISIW s 1 1 7 5 7 1 2 SANITARY SEWER ' xi Bon.stroo Rosen. EAGAN, MINNESOTA FIGURE NO. 4 Andsrlik a Associates ELRENE ROAD\TRAILS END ROAD Engineers a Arehit ct. 2335 West 1411 wiay 35 49\49504\49504HBR.DWG APRIL 1991 COMM. 49504 51. Pail, INkrw.ta 55113 9. a is - 1 o 1 i 29 k 0 22 GOPHER EAGAN ►►vuw,, •- 30 •Z J 23 OUTLOT I OUTLOT H OUTLOT G o 31 w () 24 YANKEE DOODLE ROAD w WESCOTT HILL$ 1 k 2 1 x. 20" W.M. 012-26 4TH ADD. w N 5 6 7 8 . �t2 0O, 013-01 OUTLOT C OUTLOT D — _w_w 15 16 19 18 ��, W • .O' HILLS ,Deily®O C. OUTLOT G • 012-26 121314 O 16 17 2 1 d►ild 6""T&IL SEND RD 1 6" C 6'c sue.,„ 011-02 &r 1. W 2 r� 014-02 -.1 �i Q OC • Q OUTLOT E ritiV O 0 • QQ '`--Ex. 6" GAS �'(� EXCEPTION Ex. 12" GAS G o \ 10"' ��\5� N 1 2 Ex. 16" DIP W.M. Q\� OUTLOT B Z o +oc Q cp�o loin In Int ("4, 4p pQ 0 6 o 041-03 !O,, 3 S 5 4 iy T CAK 042-03 3 10" 2 2 - - I OUTLOT A •�� 5 6 7 '� �O P.,. 4 O J. i R'4 O ,b 1 0 �0�„zt Q lir 6 ® •. 8 5 7 ® 8 17 16 J-A I 3 2 1 OUTLOT A cF LEE W/N ADD '' WIRTI66 1 7 6 5 / 7 1 2,JAI CATER MAC Aotroo In Anderiik b EAGAN, MINNESOTA FIGURE NO. 5 Associates ELRENE ROAD\TRAILS END ROAD Engineers a Architects 2335 West Highway 35 49\49504\49504HBR.DWG APRIL 1991 COMM. 49504 St. Paul, Minnewita 55113 ql f i . . v ' ,. . .:, .. .. 7f .._ •, .:. _. Agenda Information Memo May 23, 1991 City Council Meeting OW BUSINESS PRELIMINARY PLAT/BURRVIEW POND ADDITION A. Preliminary Plat, Burrview Pond Addition/Sander& 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 Northeast Quarter of Section 12—At its regular meeting of February 26, 1991, the Advisory Planning Commission considered an application for preliminary plat for the Burrview Pond Addition as referenced above. The item had previously been heard and continued at the October 23, 1990 APC meeting. For additional information with respect to this application, please refer to the Community Development Department staff report hick is enclosed on pages(through 3for your review. Also enclosed on pages / V through /17 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 proper: copy of the minutes of the March 19 City Council meeting are enclosed on pages f through fZ / for reference. I res nse to the questions raised by the City Council, enclosed on pages /..-through 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. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat for Bun-view Pond Addition as presented. �J�.J SUBJECT: PRELIMINARY PLAT (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 SUMMARY: 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%, 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. 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 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 22200 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 ro'ect since last fall. P J l03 GR4DING'DRAINAGE,EROSION 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 GP-2. With some modifications, this pond 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 existing 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!CIRCULATIONIPARKING 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-was'. No right-of-way for internal streets will be dedicated as a part of this plat since all streets wifl be privately owned. All easements of sufficient width based on depth of utilities will he dedicated as a part of the plat. In addition, drainage and utility easements for Pond GP will be dedicated as a part of the plat. The development will be responsible for ensuring that all regulatory agency permits (?MCA, MN Dept of Health, MWCC, MNDoT, Corps of Engineers, Dakota County Highway Department. etc.) 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. • VC' BURRVIEw POND ADDITION CONDMONS: 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, 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 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. 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 MN'DoT 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 Standards from the NWL of Pond GP-2 to the west plat line. k.V1 STANDARD CONDITIONS OP 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. Casements and Richts-of-hay 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, pending, and utility easements as required by the a'_i gnr.ent, depth, and storage capacity of all required public utilities and streets located beyond the bcundaries of this plat or outside of dedicated public right-of-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 cf adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development shall dedicate adequate drainage and pending 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. ETANDkRD CONDITIONS OF PLAT APPROVAL FACE TWO 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 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 reTzirements 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 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. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 p1ataprv. eon LTS *2 V9\ c Vi•s '%, ,.". / s I, 1 .\....1 • 1 •7C6.4 i..... — ., c 1 as. . . .‘„,.4 .. 4sv i i• *" ... ' ..! ,,,, -•., ...I. i tea C)C4rir i C. . 42.14 ' told • ii. _......, *!.. '.. -1 .... 7. 1 t , . . I ;1 SW , 1 all.4"C i.i •IA . I 11.719r•fr ' • . 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I 1 , aa k , w.►1 I 4 .) 11,1‘71°4411.11111111111111111 t\f* ( -.- . 111.!1;. i i'Iti irk .°#''- --------1° I \•144* . ::: ‘ . ‘j-t.i-C,Iii.! di" Rao -.:- .-;=---;&0741* .:i.is, .77:4,1:!ci;_ 1 . .. • Art - tivir rilHirli,,,. f, LJ frit --- '"/` \ . f "4- "" r tr.,:V• 1 r - • - - _-r1- .c .• . _= ono. o i (6", V , . ii / / IF2 i : � � 0 • i ■ !Willi Will1. I IN .. "tr •llisaiO AAA 411•■•• rreVJAMPA v-••■•■••II ■ Oil I t t� l != e e B s! 9 e - i 1: E U 1: IC r�= CC 1E1 1= CC 4i41 _ ,. . i , 39 , CC CC e e 1 T. z__ 1- a El C = 1:- E 4. , ie e e e CC - CC - 19 e ;el II 6 ® ® a = 9® , 3: : , - - w. - • . _Li 3. . L ___,1= , : • 11 ■ ■ -.k p _ k , : CC 1 \3 Kil JJIIIHIL 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. BURRVIEW 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 commission 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 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. / (5Z 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 S Page 9/EAGAN ADVISORY 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. Member 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, 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 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. 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 UBE PERMIT - R.L. JOHNSON INOEBTXENT 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. Page 8/EAGAN CITY COUNCIL MINUTES March 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 for an R-4 development and yet the developer (6) 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 minimize 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 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 Mannino,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 had indicated the frontage road should be upgraded thereby placing the road 10 feet closer to the homeowners. He asked the My 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 funding 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 / 2D 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 utilities. 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 FINAL PLAT/CLIFF LAKE 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 purehncing policy 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 Coundlmember 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 City. 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 KENNETH R.HALL JAMES F.SHELDON ***SCOTT D.JOHNSTON J. PATRICK WILCOX* 600 MIDWAY NATIONAL BANK BUILDING LOREN M.SOLFEST MICHAEL G. DOUGHERTY 7300 WEST 147TH STREET CHRISTINE M. SCOTILLO MICHAEL E. MOLENDA•' APPLE VALLEY, MINNESOTA 56124 (612) 432-3136 ANNETTE M. MARGARIT DANIEL M. SHERIDAN TELEFAX NUMBER 432-3780 SHARON K HILLS ALSO LICENSED IN IOWA "ALSO LICENSED IN WISCONSIN OFCOLINSEL •..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 I g2mr- Mr. Thomas Hedges 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 Coamissionmembers. 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. 423 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 classification (R-3 or R-4) . Mr. Thomas Hedges 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. chael . Do•gberty MGD/djk cc: Mr. Dale Runkle, Community Development Director Ms. Kristy Marnin, Planner I Mr. James F. Sheldon, City Attorney Agenda Information Memo May 23, 1991 City Council Meeting SIGN ORDINANCE B. Ordinance Amendment, City of Eagan,Amending Eagan City Code Chapter 4, Entitled "Construction Licensing, Permits and Regulations, Including Signs, Excavations, and Mobile Home Parks" by Amending Section 420 Regarding Placement, Erection and Maintenance of Signs, and Adopting by Reference Eagan City Code Chapter 1 and Section 4.99--At the May 7, 1991 City Council meeting,a request by Naegele Advertising to continue the ordinance amendment to City Code Chapter 4 amending Section 420 regarding sign regulations was approved, therefore, continuing this agenda item to the Thursday, May 23 meeting. City Councilmember Pawlenty met with the Director of Community Development, Mike Dougherty of the City Attorney's office and City Administrator Hedges to review the ordinance in detail. For a final draft, including changes that were made at the Monday, May 13 meeting, refer to a copy of that document enclosed as pages 27 through �3 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to City Code Chapter 4 by amending Section 4.20 regarding placement, erection and maintenance of signs and by adopting by reference Eagan City Code Chapter 1 and Section 4.99. l�� MAY 14 '91 07:31 916 P02 ORDINANCE NO. 2ND 811I*B AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 4 ENTITLED "CONSTRUCTION LICENSES, PERMITS AND REGULATION, INCLUDING SIGNS, EXCAVATIONS AND MOBILE HOME PARRS" BY AMENDING SECTION 4.20 REGARDING PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 4.99. WHEREAS, the City of Eagan is concerned about preserving its aesthetic appeal and about the health, safety and welfare of its residents; and WHEREAS, in recent years the City has been concerned about the design of freeway landscaping standards; and WHEREAS, in recent years the City has authorized the implementation of the design of landscaping for City streets; and WHEREAS, the City has undertaken the review of its ordinance which regulates signs to provide for the preservation of the welfare of the City and to protect the safety of its residents. NOW, THEREFORE, the City Council of the City of Eagan doss ordain: Section 1. Eagan City Code Chapter 4 is hereby amended by changing Section 4.20, subds. 1 through 10, to read as follows: Subd. 1. Purpose, Construction and Definitions. A. Purpose. The purpose of this Section shall be to regulate the placement, erection and maintenance of signs in the City so as to promote the health, safety and general welfare of the residents of the City. B. Construction. All terms and words used in this Section shall be given their common eons* meaning considered in context, except as hereinafter specifically defined. C. Definitions. 1. "Ground Level" - Point of reference for measurement purposes being the top of the curb of the4street closest to the location of a sign. I 96-1 MAY 14 '91 07:32 916 P03 • 2. "Ground Signs" - A sign erected on free-standing shafts, posts or walls which are solidly affixed to the ground and completely independent of any building or other structure. Any ground sign which projects more than seven feet above ground level is considered a pylon sign. 3. "Pylon Sign" - A sign erected on free-standing shafts, posts or walls which are solidly affixed to the ground, and which projects more than seven feet above ground level, and which has a maximum height of twenty (20) feet. 4. "Sign" - Any surface, facing or object upon which there is printed, painted or artist c lighting. � i matter, design or 5. "Sign Area', - The gross area, exclusive of supportive frame, which contains copy or identifying features such as a Logo, character or identifying figure. The gross area shall be calculated as an enclosed area bounded by no more than twelve (12) straight lines. - .6. "Sign --.Haight" -She distance om. ound.level to the highest point on the sign. Subd. 2. General Sign Standards. A. Obstruction of Vision. No signs shall be erected or maintained in such place and manner as obstructs driver vision, or is noxious, annoying or hazardous because of method of lighting, illumination, reflection or location. B. Location to Property Line. No portion of spy sign , post or canopy shall be located closer than ten feet from any property, right-of-way or dividing line. C. Location to Street, Highway or Railroad Right-of-way. No sign shall be located closer than ten feet from any street, highway or railroad right-of-way. D. Moving Parts or Lights. No signs are allowed which contain moving sections or intermittent or flashing lights, except for intermittent display of time and temperature. E. Source of Lighting. No signs are permitted for which the source of light is directly visible to passing pedestrians or vehicle traffic. F. Painted Signs on Buildings. No signs are allowed which are painted directly upon the wall of a building. t MAY 14 '91 07:33 916 PO4 • • G. Construction and Erection of Signs. All signs shall be constructed and erected in a duality manner of sound and sufficient materials so as to ensure the safety of the public and in accordance with all reasonable standards employed by professional sign makers. H. No sign, except as provided in Subd. 4. (A) or Subd. 5. (b) , shall project higher than one (1) story or fifteen (15) feet above the around lets, whichever is lower. Subd. 3. Permitted Uses. A. Political Campaign Signs. Political campaign signs are authorized in all districts. Subsection (A) shall not be construed as authorizing any such signs on public property or on private property where otherwise prohibited. B. Location of Signs. Signs are permitted on property zoned Business, Industrial, Agricultural, Public Facilities, R & D or PD (encompassing these zones) . Except as otherwise provided in Subd. ubd. 5. (bl, signs shall not exceed fifty (50) square feet in area. C. Location of Signs in Residential Areas. signs in Residentially zoned areas or areas of PD designation for residential use only are permitted under the following cases: 1. On any lot containing less than twenty thousand (20,000) square feet in area, one (1) ground sign per lot which sign shall not exceed sixteen (16) square feet in area. 2. On any lot containing twenty thousand (20,000) square feet, or more, in area, one (1) ground sign per lot which sign shall not exoeed thirty-two (32) square feet in area. 3. One ground sim identifying major apartment complexes or residential subdivisions which sign shall not exceed fifty (50) square feet in area. Subd. 4. Building Mounted Signs, Standards. A. Number Permitted. No more than one sign for each street frontage of a lot containing a one- or two-story building shall be P ermitted on a building for each entity located within such building. Any building in excess of two stories shall be permitted no more than one sign for each street frontage of the lot upon which the building is located. B. Design Similarity. All signs mounted on a building shall be similar in design to A*th M her_ MAY 14 '91 07:33 916 P05 • C. Sign Area. The total Area of all signohmounted upon a side of a building shall not cover iexcess of 20% of the gross area ofAthe side of the building upon whicp the sign is located., D. Sign Projection. No sign mounted upon a building is allowed to project more than eighteen inches from the vertical surface of the building. E. Roof Signs. No sign mounted upon a building is allowed to project above the highest outside wail or parapet wall. Subd. 5. Ground and Pylon Signs, Standards. A. Ground Signs. Up to one ground sign shall be allowed for each street frontage of a lot. Such signs shall be limited to seven feet total height, with a four foot maximum height of sign area. B. Pylon Signs. Up to one pylon sign shall be allowed per lot. When used, a pylon sign shall be in lieu of a ground sign. No pylon sign may be located closer than 100 feet from any other pylon sign, measured on the same side of the street. No pylon signs shall project more than 20 feet above the ground level of the lot. No pylon sign shall exceed 125 square feet in area per side. No pylon sign shall exceed two sides. C. Freeway Locations. An on-premise pylon sign for identification purposes is allowed for a property located directly adjacent to a freeway within the City. Any property owner that acquires a permit to erect a pylon sign for visibility from the freeway^ shall be allow only ont ground sign to be located on the side of the propertt opposite of the freeway. All signs must comply in all other respects with the provisions of this Section. A freeway shall be defined as a principal arterial as defined in the Comprehensive Plan. Subd. 6. Nameplates. No more than one (1) nameplate for each dwelling unit shall be permitted. The nameplate shall not exceed one (1) square foot in area and shall solely indicate the name and address of the occupant or a permitted occupation. Subd. 7. Parking Areas, Standards. Signs designating parking area entrances or exits are limited to ono sign for each exit or entrance, and to a maximum sine of two (2) square feet each. One sign per parking area designating the conditions of use or identity of such parking area and conditions of use or identity of such parking area and limited to -a maximum size of nine (9) \Th0 MAY 14 '91 07:34 916 P06 square feet, shall be permitted. No parking area sign shall project more than five (5) feat above ground level. Subd. 8. Political Campaign Signs, Standards. No license or permit shall be required for the placing of temporary political campaign signs not more than thirty-two (32) square feet in area where the placing of such signs is authorized bythis ordinance, A Ca ai n signs ma be sted from the e f i (` a ate aenergl election_ year or ninety (90) days prior to any other election en0 shall be removed w thin ten (101 days following the election. Subd. 9. Non-Conforming Signs. A. The Protective Inspections Department shall order the removal of any sign erected or maintained in violation of the law as it existed prior to the date of adoption of this Section. Removal shall be in accordance with Subdivision 11. B. Any non-conforming temporary or portable sign existing at the time of adoption of this Section shall be made to comply with the requirements set forth herein or shall be removed within sixty (60) days after the adoption of this Section. C. Other signs existing at the time of the enactment of this Section and not conforming to its provisions, but which did conform to previous laws shall be regarded as non-conforming signs which may be continued if properly repaired and maintained as provided in this Section and if in conformance with other provisions of the City Code. If said signs are not continued with conformance of above, they shall be removed in accordance with Subdivision 11. Subd. 10. Sign Permits and Fees. A. Sign Permits. No signs shall be erected or maintained anywhere in the City without first obtaining a sign permit. B. Application, Permit and Fees. A formal application together with accompanying documents prescribed by the City shall be submitted to the City Clerk-Treasurer to obtain a sign permit. Permit fees are as adopted by resolution of the Council and shall accompany the permit application. C. Review of Applications. The Community Development Department shall review all sign permit applications except that applications for approval of permits for any sign requiring a variance shall be submitted to the Council for final approval. 7 MAY 14 '91 07:35 916 P07 D. Return of the Fees. In the event an application 1 a variance shall be denied, the City Clerk-Treasurer shall return the applicant's permit fee, less administrative cost b2rne by the City for noting, publigat en and raview pf the application. Subd. 11. Removal. All signs which have not been removed within the deafgnated time period- may, span sir`in9 notice to the a licant A be removed by the City, and any expense incurred by the Cl y fluty be charged to the sign owner or applicant and may in assessed against the property on whichAthe sign it located. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 4.99, 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: • V7) Agenda Information Memo May 23, 1991 City Council Meeting :NEW BUSINESS YMCA REQUEST A. Eagan Area YMCA Request--Enclosed on pages 13 iithrough ).3C.you will find correspondence from the Eagan area YMCA requesting that sufficient property comprising approximately 2 1/2 acres of land within the 40 acre municipal center parcel be made available to the association for construction of an Eagan YMCA. The proposal indicates that YMCA facilities would be provided to the City as compensation for the provision of this property. In addition, the request proposes that certain maintenance and cross easement agreements be undertaken to incorporate the facility into the Municipal Center complex. Enclosed on page `37 you will find a conceptual site plan indicating the proposed location of the facility relative to municipal facilities. This is a preliminary plan for review purposes and additional design work will be necessary to refine various aspects of the proposal. Also enclosed on pages \-5 through A27you will find a copy of correspondence from City Attorney Sheldon as well as a legal memorandum addressing issues of separation of church and state and the relationship of the YMCA request to this concern. Finally, on pages/cD through/sayouu will find memorandum from Parks and Recreation Director Vraa outlining concerns that would need to be addressed in the development of the YMCA on this site including, but not limited to issues of platting, development costs, definition of facilities cost and relationship to the proposed ice arena. Significant details must be addressed before any arrangement of this kind could be authorized and executed by the YMCA and City Council. In order that the Y might solidify its plans and become preparations for its fund drive, however, the association is requesting Council consideration of this matter at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request by the Eagan area YMCA for a City commitment to provide sufficient property (approximately 2 1/2 acres) for the siting of the Eagan YMCA on the Municipal Center complex property by sale or lease arrangement to be negotiated by staff with the YMCA and authorization of staff to undertake such negotiations. p.01R4 at v pZ Eagan Area YMCA °141,1G0�" 1420 Yankee Doodle Road Eagan, MN 55122 May 16, 1991 688-6715 Thomas L. Hedges Administrator, City of Eagan 3830 Pilot Knob Road Eagan,MN 55122 Dear Mr.Hedges: In the fall of 1989, a group of two dozen community leaders met at Eagan City Hall to discuss prospects for constructing a YMCA within the city. Within a month, members of that group had been empowered by the board of directors of the St. Paul Area YMCA to act as an "extension advisory committee," with the expressed purpose of generating community support for a capital fund drive to finance the project. For the last two years, members of that advisory committee have been laying the groundwork for a successful facility and programs. That time has now ar- rived. On behalf of the Eagan Area YMCA, I am writing to formally request that the City of Eagan show its support for this community endeavor by making available 2 1/2 acres of land on the 40-acre City Hall parcel. In exchange, the YMCA would make its meeting rooms and other facilities available to the city on a cost-free basis, commensurate with the value of the land dedication. We believe that such a public-private partnership will serve the best interests of the Eagan area. Let me take a moment to tell you and the City Council more about the YMCA, and why we are so excited about building such a facility in Eagan. The mission of the YMCA is to meet the mental, physical and emotional needs of individuals and families, and to foster youth development, family enrichment, health enhancement and in- ternational understanding. Eagan, with its young families and many children,is an ideal location for an extension branch. YMCAs serve as focal points for communities, as social centers for seniors and as healthy gathering places for teens. The YMCA, which is a non-profit organiza- tion, has served the St. Paul area since 1856, and now operates six branches and three summer camps.Eagan and Woodbury will be the seventh and eighth branches. Local efforts have met with tremendous success. In January of 1990, when the Eagan advisory committee conducted its first "Partners With Youth" fund drive (to sponsor camp scholarships, subsidize youth and adults programs and finance extension staff salaries), only $2,000 was raised from Eagan area citizens. This past January, when the advisory committee conducted its second annual fund drive, local individuals donated more than $10,000. In one year's time, the number of individuals contributing increased from 23 to 112. The number of Eagan citizens participating in YMCA programs is increasing rapidly, too. Last summer, 120 youngsters participated in YMCA day-camp at Mueller Park in Eagan; registration so far this spring indicates that that number will more than double this summer. YMCA instruc- tors are supervising three aerobic classes weekly at area schools. The YMCA's popular "Youth in Government" program, which allows high-schoolers to participate in a mock session of the Pendy Eliou,extension director k 3 John C.Dorsey,chairman,extension advisory committee Legislature, is in place at Eagan High School, and plans are proceeding to incolporate the "Model United Nations" program as well. Several dozen Eagan families are participating the Indian Guides/Princesses program, and 'Family Day" events have been sponsored monthly since last winter. Enthusiasm over program offerings has convinced the local advisory committee that community support exists for building a YMCA in Eagan. Planning is now intensifying so that the YMCA can sponsor a successful six-month capital fund drive beginning in January of 1992. Ground will be broken as soon as funds are pledged, with the building opening approximately nine months later. The facility itself will be a 30,000-square-foot building. Subject to final design, the building will include such features as a double-size gymnasium, a large indoor swimming pool with a children's wading area, a children's gym, a running track, an aerobic exercise room, a weight room, locker rooms, showers, saunas and community meeting moms. It will be patterned after several recently-built YMCAs, but with alterations made to fit the unique needs of Eagan. A 30,000-square-foot addition is planned in the future, and is being accommodated into the design of the initial facility. It is estimated that the facility will cost approximately $3 million to constrict and equip. Realis- tically, it would be impossible to raise that much money solely within the Eagan community. Understanding that, the St. Paul YMCA has offered to match funds raised by the Eagan advisory committee on a 4-to-1 basis. That generous contribution means that the Eagan community must contribute only $600,000 to have its $3 million facility. That is still quite a challenge, but it ab- solutely can be accomplished. A key to the YMCA's ability to meet the future needs of the Eagan community is its location. Its proximity to residential neighborhoods, to major transportation arteries and to existing city serv- ices will determine, to a large extent, what role the YMCA can play in helping to build a better Eagan. After two years of deliberation, the advisory committee has determined that the optimal location for its facility would be on the parcel of city property immediately south of City Hall. Committee members are respectfully requesting that the city recognize the benefits that a YMCA will bring to the community, and enter into a public-private partnership by dedicating a portion of that property to the YMCA for its facility. Committee members believe that the YMCA -- which is open to everyone, and which offers reduced-cost memberships to low- income families -- can fulfill many of the needs that the city attempted to provide with its com- munity center referendum. The City Hall parcel is the closest Eagan has to a "city center." It is in the geographic center of the community, it is on Pilot Knob Road (Eagan's "Main Street"), it is home to municipal serv- ices, police and fire services and the county library. In addition, it is a prime location for the proposed ice arena/outdoor pool recently recommended by the city's Recreational Facilities Task Force. The space needs for the YMCA can easily be met next to City HalL In addition, members of the Eagan YMCA advisory committee believe that there are several economies of scale that can be generated by enhancing the City Hall parcel, including shared parking and shared mechanicals. Specifically, the YMCA requires 2 1/2 acres for its building footprint, addition footprint, landscaping, setbacks and buffering. In addition, we would need a cross-easement for parking, and an agreement to share parking space with the City Hall expansion that is being planned and the proposed ice/pool center. You have indicated that the city would like to maintain control over the development and maintenance of its parcel, and we fully concur. We would expect to work with city planners and engineers on the final construction and layout details, and would l3 expect to enter into a contract with the city so that the YMCA would pay its fair share of property maintenance (grass clipping and snow plowing). Given prevailing market values of $20,000 to $30,000 an acre, we would anticipate giving the city $50,000 to $75,000 of YMCA services (primarily in meeting room space)in exchange for the land. Let me address one question sure to arise: the city's participation in a venture that seemingly would compete with existing health and fitness clubs in the surrounding area. We see the ac- tivities and missions of YMCAs and health clubs as being quite separate and distinct The "target market" for private clubs such as Northwest, U.S. Swim and Eagandale is the 20-to-40 age group, whereas the focus of the non-profit YMCA is the l-to-20 age group. The vast majority of YMCA programming is aimed at developing maturity and life skills in boys and girls within a family environment The primary beneficiaries of having a YMCA in Eagan will be those youngsters. 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DOUGHERTY APPLE VALLEY 47TH OTA b5124 CHRISTINE M. SCOTILLO MICHAEL E. MOLENDA'• ANNETPE M. MARGARIT (612) 432-3136 DANIEL M. SHERIDAN TELEFAX NUMBER 432-3780 SHARON K.HILLS ALSO LICENSED IN IOWA **ALSO LICENSED IN WISCONSIN OF COUNSEL JOHN LICENSED IN NEBRASKA N E.VUKELICH April 25, 1991 Mr. Thomas Hedges City Administrator City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 RE: Possible Land Transfer Our File No. 206-8683 Dear Tom: I am just following up our meeting with a letter forwarding to you (and to the others as shown below) with copies of your April 11, 1991 memo and our research memos of August 8, 1990 and April 23, 1991. Based on our discussions, it is my understanding that the City and the YMCA are pursuing alternatives based on the land transfer (either by sale or by lease) to the St. Paul YMCA of an appropriate parcel of land on the City municipal site. It is anticipated that if the concept is approved by the City Council that the the City would plat the property. The transfer would be made at fair market value. It is also anticipated that the transfer would be for the purposes of establishing a YMCA and related uses on the piece of property and the zoning of Public Facilities would remain on the property. You are going to obtain the background information on the acquisition of the municipal center property for us to review. We believe that the property is owned outright by the City of Eagan without restriction other than the current zoning. Lastly, subject to Council approval, it was my understanding that the City and the YMCA would be working out mutually agreeable arrangements with respect to parking easements, programs, use of facilities and the like. The consideration involved by or from the parties will not be known until the details of these transactions are ultimately determined. 3 • Mr. Thomas Hedges April 25, 1991 Page Two Lastly, we are tentatively scheduled for another meeting on Thursday, May 16 at the same location at 7:30 a.m. If you want me to do anything further or have any other questions, please feel free to contact me. Very truly yours, SEVERSON, WILCOX & SHELDON, P.A. A Jam- . Sheldon JFS =jk Enclosure cc: Mr. Ken Vraa (w/enc) Mr. Victor Ellison (w/enc) Mr. Tom Kranz (w/enc) Mr. Roger W. Sjobeck (w/enc) ‘5`7\ MEMO TO: KEN VRAA, DIRECTOR OF PARKS & RECREATION JIM SHELDON, CITY ATTORNEY / FROM: CITY ADMINISTRATOR HEDGES J DATE: APRIL 11, 1991 SUBJECT: PROPOSED YMCA Tom Kranz and Vic Ellison, representing the Executive Committee for the YMCA Eagan branch project, met with Ken Vraa and myself on Thursday, April 11, to discuss their official request of a land donation by the City of Eagan for a YMCA facility. According to Tom and Vic, the major capital fund drive for an Eagan YMCA facility is scheduled for January, 1992 . In order to seek corporate contributions, a site and building plan are essential. The Executive Committee is planning to make a formal request to the City Council for land at the May 21 City Council meeting. It would be in the best interest of the City to consider a conditional land dedication which could include, but not be limited to, the following conditions: • Require architectural controls • Require a compatible road configuration • Assurance that funding for both the construction facility and on-going operations will be met • Require an outright dedication or long-term lease • Define the number of parking spaces for normal and large use events • Define long-range expansion plans • Site development costs, including infrastructure and road improvements • Agreement on upkeep and maintenance of grounds • Require a uniform signage for the entire parcel • Require cross easements for shared parking spaces The YMCA Executive Committee is supporting the Municipal Center site at Wescott and Pilot Knob Road as the preferred site for a YMCA facility. They are willing to design the facility in a method that would combine mechanical systems for the proposed ice arena/ outdoor swimming pool project to gain capital and operating efficiencies. The whole concept of a joint ice arena/YMCA facility builds on the element of consolidation. The location of the Eagan Municipal Center site provides a statement to the community that the Y and ice arena are facilities for the entire community and not specifically for those residents living in Independent School District 196 within the community. We need to meet and discuss these issues and provide some rough draft for an agreement by Thursday, April 25, 1991. A follow-up \A° meeting is scheduled for 7 : 30 a.m. at Bakers Square Restaurant with representatives of the Executive Committee, Jim Sheldon, Ken Vraa and myself. I would appreciate the two of you working on these conditions and further the formulation of a necessary agreement. Also, legal memorandum that was written in 1990 as to whether a local government entity, such as the City of Eagan, can give property to the Young Men 's Christian Association (YMCA) needs to be further reviewed and discussed at the April 25 breakfast. Jim, if you would dust off that memo, refresh your memory and be prepared to address that issue. 6-0 City Administrator ■4\TLH/vmd M E M O R A N D U M TO: Jim Sheldon, Eagan City Attorney FROM: Annette M. Margarit, Assistant Eagan City Attorney DATE: August 8, 1990 RE: YMCA Property; Church/State Issues Our File No. 206-8683 On July 13 , 1990 , the Minnesota Civil Liberties Union sent an opinion letter to Tom Hedges outlining potential church/state issues that might arise if the City of Eagan were to proceed in a joint venture with the Young Mens Christian Association (YMCA) to develop a recreation area including an ice arena. This memo will analyze the MCLU opinion and the legal conclusions drawn by the MCLU. I conclude that the church/state entanglement would not be as great as the MCLU suggests but additional facts regarding the St. Paul YMCA's religious activities should be gathered prior to making a final decision. ANALYSIS I . Church/State Involvement. The City proposes to, in some manner, provide land on which the St. Paul YMCA would build a recreation facility in the City of Eagan. An issue immediately arises as to whether providing land improperly involves the City with a religious organization. The First Amendment of the U. S. Constitution prohibits state action "respecting the establishment of religion" . "The establishment clause [of the First Amendment] is intended to prevent 'sponsorship, financial support, and active involvement of the sovereign in religious activity' (citation omitted) . " In Re Minneapolis Community. Development Agency_, 439 N.W.2d 708, 711 (Minn. 1989) . Thus the Eagan proposal must be examined to determine whether it violates the establishment clause of the First Amendment. II. Requirements of an Establishment Clause Challenge. As the MCLU memo notes, in Lemon v. Kurtzman, 403 U. S. 602, 91 S.Ct. 2105, (1971) , the U. S. Supreme Court established a three-prong analysis for determining whether state action violated the establishment clause. Pursuant to the three part Lemon analysis, (1) the City's program must have a secular legislative purpose; (2) the primary effect of the City's program must be one that neither advances nor inhibits religion; and (3) the City's program must not foster an excessive government entanglement with religion. See 403 U.S. at 612-613 ; 91 S.Ct. at 2105. A. Secular Purpose. In its memo, the MCLU admits that the proposal before the Council has a "secular purpose of providing a recreational facility for the community. " The Eagan proposal should withstand a court challenge on this point. B. Effect of Advancing Religion. Government aid will have the primary effect of advancing religion if the aid is given to an institution "in which religion is so pervasive that a substantial portion of its functions are subsumed in a religious mission. " Hunt v. McNair, 413 U.S. 734 , 743 , 93 S. Ct. 2868, 2874 (1973) . In Hunt, the U. S. Supreme Court held that the government aid given to religious-affiliated colleges did not have the primary effect of advancing religion because their operations did not have a substantial sectarian emphasis. 93 S.Ct. at 2874 . Similarly, in Tilton v. Richardson, 403 U. S. 672 , 91 S.Ct. 2091 (1971) , the Court upheld the aid given to religious colleges holding that the secular education provided was separable from the religious aspects of the colleges. 91 S. Ct. at 2097 . The Minnesota Supreme Court has applied the Lemon analysis to a case similar to the present facts. In In Re Minneapolis Community Development Agency, 439 N.W. 2d 708 (Minn. 1989) , (MCDA) . The MCDA purchased the YMCA tower located within a tax increment financing district from the YMCA for $2 .5 million and conveyed that building to a private developer for $1. 00. The YMCA then contracted with the developer to buy for $630, 000. 00, a 115, 000 square foot condominium space in a new building to be erected by the developer also within the tax increment financing district. The YMCA would build, at its expense, a new facility for its operations in that condominium space. When the Court examined whether the MCDA plan had the primary effect of advancing religion it stated: "For purposes of constitutional analysis, the question is not whether the YMCA has religious aspects, which admittedly it does, but the extent to which the religious dimension permeates the institution. " MCDA, 439 N.W.2d at 712 . In MCDA, the Supreme Court upheld the trial court's finding that the Minneapolis YMCA was not pervasively religious and that its functions were not subsumed in its religious mission. The Court's finding was based on the following: 14 5 (a) The YMCA was originally incorporated as a religious association but since then has chosen to be governed as a nonprofit corporation. (b) The YMCA claims its real estate exemption as an "institution of public charity" , 439 N.W.2d at 711. In its tax exempt statement, the YMCA claims the principal use of its property is: To carry out the program services necessary to achieve the charitable and social purposes for which this association was organized and for which it is incorporated in the State of Minnesota, particularly those related to social and physical development, training, camping, environmental education, recreation and counseling for youth and other persons. 439 N.W. 2d at 711. (c) The mission statement of the Minneapolis YMCA states: "The Downtown YMCA is a human care organization committed to the enhancement of Christian values. " (d) The YMCA provides nonsectarian recreational, health and social service activities regardless of one's religious belief or affiliation. It should be noted that the Court labelled the aid the YMCA received from the MCDA as no more than the "reduced-interest charges" that were permitted in Hunt. Opponents in MDCA questioned the price the MCDA paid for the YMCA building but the Supreme Court upheld the trial court's finding that no aid was provided by the MCDA. (2) Religious character of St. Paul YMCA. The MCLU memo notes that, based on MCDA, a court would probably find the St. Paul YMCA is also not pervasively religious. The St. Paul YMCA mission statement reads as follows: The YMCA of Greater Saint Paul, with its five branches and three camps, is a Christian-values based organization that builds self-esteem, mutual respect and a stronger community for all through quality programs of youth development, family enrichment, health enhancement and international understanding. The YMCA is open to men, women and children of all ages, incomes, abilities, races and religions. Within the available resources of 0.,d( the Y, no one is turned away from YMCA activities based on financial need. Also, the 1990 brochure describing the programs offered by the St. Paul YMCA makes no mention of any religious activities it offers. The brochure, however, does make the Y facilities available to church groups. C. The Entanglement Test. The City's proposal must not create excessive government entanglement with religion. The MCLU memo states that: "The donation of land to the YMCA by the City of Eagan would require monitoring to insure that the land was not used for religious activities. This monitoring would foster excessive government entanglement with religion. " The MCLU's conclusion that such monitoring would result in impermissible entanglement between church and state is contradicted by the holdings of both the U. S. Supreme Court and Minnesota Supreme Court. Government aid to religious colleges for construction of buildings used only for secular purposes has been held to not create excessive entanglement between church and state. See Tilton, Hunt, and Minnesota Higher Education Facilities Authority v. Hawk, 305 Minn. 97 , 232 N.W. 2d 106, 114 (1975) . In Tilton, Hunt and Hawk, the colleges were permitted to use government issued bond proceeds to build their projects. In Tilton, the Court stated that the inspection necessary to make sure the facilities were devoted to solely secular education would be minimal particularly because the one-time single purpose construction grant of federal money carried with it no continuing necessity for financial audits or analysis of the recipient institution. 91 S.Ct. at 2100. The Court in Hunt reinforced the Tilton holding and said that the "degree of entanglement arising from inspection of facilities as to use varies in large measure with the extent to which religion permeates the institution. " 93 S.Ct. at 2875. The Court had previously held that the secular and sectarian interests of the college were separable and that its religious character did not permeate the institution.Thus, the requisite inspections to confirm that the facilities constructed with government funds were used only for secular purposes would be minimal. In MCDA, the Minnesota Supreme Court found that involvement by the MCDA was indirect and analogous to a one-time construction grant upheld in Tilton. The Minnesota Supreme Court held in the MCDA case that there were no ongoing grants nor any need for ongoing tqc • governmental supervision of the activities by the YMCA. The holding was particularly supported by the fact that the YMCA was contracting directly with a private developer which specified that the use of the YMCA would be limited to secular activities. In the present case, the St. Paul YMCA currently has six facilities and three camps. It would seem to be a fairly easy task to limit any activities occurring here at the Eagan YMCA to only secular activities and requiring religious activities to occur at other YMCA facilities. The YMCA publishes a very thorough brochure describing its activities, plus the location and time of the activities which offers an immediate deterrent to scheduling sectarian activities at the Eagan facility. The occurrence of a sectarian activity at the Eagan facility would be immediately noted simply by inspection of the brochure. Any additional inspection required would not seem to be any more burdensome to the City than the inspections currently required for building, health or maintenance code requirements. CONCLUSION Based on the MCDA, Tilton, and Hunt cases, I believe that Eagan can withstand a court challenge to financial assistance being offered to the St. Paul YMCA. I believe the Court would find that the YMCA is not pervasively religious and that aid to the organization would not advance religion. Nonetheless, the facility could be used only for secular purposes, which implies a certain amount of enforcement of that requirement by the City. As in Tilton and Hunt, however, the inspections required by the City should be fairly minimal and not a burden to the City. In fact, due to the publication of the Y's activities to the general public, the uses of its facilities are probably more easily monitored by the City than the use of the college facilities could be monitored by the government bodies involved in Tilton and Hunt. The issue here is definitely a factual one, however, and more information regarding the religious activities offered by the YMCA and the pervasiveness of religion throughout its organization may have to be obtained before the City decides to proceed. AMM/djk \ 4(e M E M O R A N D U M TO: James F. Sheldon, City Attorney FROM: Sharon K. Hills, Assistant City Attorney DATE: April 23 , 1991 RE: YMCA Eagan Branch Project: Church/State Issues Our File No. 206-8683 INTRODUCTION This memorandum will discuss the possible legal ramifications of the City's proposed "joint venture" with the Greater St. Paul YMCA currently under consideration. The conclusions reached herein are based on the assumption that the City seeks to consolidate the proposed YMCA facility with the proposed municipal ice arena/outdoor swimming pool on municipal land known as the Municipal Center site. City Administrator Hedges, in his April 11, 1991, memorandum to you, indicates that both facilities will be built as a joint project between the City and the YMCA: the facilities would share mechanical systems, parking space and uniform signage for the entire parcel. Mr. Hedges also stated that "it would be in the best interest of the City to consider a conditional land dedication" to the YMCA. ANALYSIS A. Disposition of Municipal Property. Eagan is a statutory city and derives its authority to acquire and dispose of property from Minnesota Statutes. Minnesota Statutes §412 . 211 grants statutory cities the authority to acquire and dispose of real property as its interests require. This gives cities broad authority when dealing with the disposition of municipal property. However, there is a restriction that the City must obtain the best price for the property and cannot donate it or give it away. For example, the Attorney General's office has ruled that a village could not have conveyed realty to a school district unless the village received as consideration the highest obtainable price. (Op. Atty. Gen. 469-A-15, March 1, 1950) . The question of what constitutes valuable consideration is one that is left to the discretion of the Council. (Op. Atty. Gen. 469-A-15, September 30, 1947) . However, the Attorney General has also ruled that a city is bound to get the best price that it can for land and it cannot be given away or sold for a lower price when the Council is aware that a higher price could be obtained. (Op. Atty. Gen. 90-E-6, July 16, 1947) . L° In addition, a City's statutory authority to dispose of property authorizes a City to lease property. See Atty. Gen. Op. , 469a-9, May 4 , 1961, in which it opined that a village would be authorized to lease property no longer needed for municipal purposes, provided the lease price is the best obtainable, but the village would not be authorized to lease village property for a nominal rent. Therefore, with respect to the issue of transferring land to the Greater St. Paul YMCA for a recreational facility, the City is prohibited from donating or otherwise giving land away, but is authorized to sell or lease land for reasonable consideration. B. Joint Venture: Recreational Facilities. Pursuant to Minnesota Statutes §471. 15, a statutory city is granted the authority to operate a public recreation program which includes the authority to acquire, equip and maintain land, buildings, or other recreational facilities. Moreover, a city has statutory authority to jointly operate a public recreation program with any nonprofit organization. Minnesota Statute §471. 1 (See also Op. Atty. Gen. 622i-3 , April 19, 1967) (this section is the only statute which permits joint investment and recreation facilities) . An issue arises, however, whether a joint project between the City and the YMCA, a nonprofit organization, for the purpose of providing public recreational facilities and is authorized by statute, would survive the "entanglement" prong of the First Amendment's establishment clause. In the recent Minnesota Supreme Court case, Minneapolis Community Development Agency_, the Court held no government entanglement with religion where the Minneapolis Community Development Agency (MCDA) condemned property, part of which was subsequently leased to YMCA by developer, in furtherance of its development project. The Court found that the development agency's involvement was indirect and analogous to a one-time construction grant upheld by the United States Supreme Court in Tilton v. Richardson, 403 U.S. 672 (1971) . The Court in MCDA noted that the development agency assisted to make the property available for the YMCA by condemning the property, but the YMCA obtained the property from the private developer, not the MCDA and that the taking of the property for the private developer was a one-time assistance. The facts surrounding Eagan's proposed joint venture with the YMCA go beyond those in the Minneapolis case. For example, the YMCA will not obtain the property from a private developer, rather directly from the City of Eagan. Moreover, the proposed project does not involve merely a one-time deal, rather a continuous working relationship with the YMCA. V4Cil Additionally,i nally, United States Supreme Court in Hunt v. McNair, 413 U. S. 734 (1973) upheld the constitutionality of the issuance of tax exempt revenue bonds to private parochial colleges to finance construction projects and thereby the institution conveyed title to the finance projects to the authority which then leased the project property to the institution until the bond obligations are completely satisfied. See also Minnesota Higher Education Facilities Authority v. Hauk, 232 N.W. 2d 106 (Minn. 1975) . CONCLUSION It is undisputable that the City has the statutory authority to sell or lease property, provided it no longer needs the property and it receives a fair and reasonable price. It is equally undisputed that a city may operate a public recreation program including recreational facilities independently or in cooperation with a nonprofit organization. What is disputable, however, is whether a cooperative effort under Section 471. 16 between the City and a nonprofit religious organization would violate the First Amendment's establishment clause for excessive government entanglement with religion. SKH/djk MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MAY 13, 1991 RE: REQUESTED INFORMATION - Y You had requested that I provide you with a list of concerns or issues that I might identify relative to the proposed Y facility. These concerns are based on the scenario that was developed at our morning meeting last week. This scenario envisioned that the Y would "purchase" surplus property from the City of Eagan, the City would return those dollars to the Y in exchange for future recreational services from the Y. These services may include the usage of gymnasium for Parks & Recreation programs, or other types of City uses. Concerns 1. Insure that with the land sale, the City determine certain covenants on the property dealing with signage, designated usages, etc. Once the sale is made to the Y they would have greater freedom to do with the property whatever they like as long as it is consistent with the zoning. The City may feel that zoning restrictions will not be sufficient and it might be well to determine what those conditions are as a covenant to the land sale. 2. The land sale would be contingent upon successful fund raising and construction bid award. It is my expectation that the City would not "sell" the property until construction documents for the Y would be completed. 3. In conjunction with the Y development, the City should have final approval on the grading plan to be sure that it is compatible with the overall grading and site plan for the remainder of the City's property. 4. The acreage that is sold to the Y be reduced to the lowest possible number. Is 10 acres really the smallest amount of land? 5. The Y be responsible for it's share of utility cost to make the site developable. This share should be a cash transaction. It may be the preference of the committee that this be done in the same way that the land sale is done; i.e. exchange of land for recreational services. Clearly,we do not need that many dollars worth of recreational services from the Y; the City needs hard dollars to develop the site. It should be clear that the "Y" should pay a proportional share of those costs and that those dollars be placed in the appropriate City fund. O S 6. That an agreement be developed clearly identifying what recreational services the Parks and Recreation Department would be able to use within the Y and what the cost of those services would be. That is, the rate schedule for the use of the gym, meeting rooms, etc. should be pre-determined so the City knows what services can be purchased and at what fee. Since it is likely these fees will increase with inflation over the years, the City should also have an inflationary escalator on the amount of the land sale for the Y, i.e. $200,000 in services times 4% inflationary value. 7. That a separate, contract agreement be developed for care of the grounds and facilities adjacent to the Y building that the City would be responsible for. The cost for this maintenance work would be a direct dollar transaction to the City. This is for services such as snow plowing, turf maintenance, mowing, etc. 8. Regarding the site, the City should give serious consideration to "flip-flopping" the proposed Y location and ice arena as was depicted on the graphic prepared by Roger Schobeck. At this time, I have no personal preference for either location but I think it would be wise for the City to carefully review the advantages and disadvantages of locating the ice arena/Y as was originally depicted. 9. There remains a concern that the Y will not fulfill the needs that a community center would have met. The Y is not that dissimilar from the Eagandale Club or US Swim & Fitness. While it's mission statement may be different, fees and charges are significantly high enough to limit it's use to those who could afford it. (Despite the fact that those who cannot "afford" the program are allowed to participate, there is the issue of the middle or moderate income level who may not be able to afford the yearly fee, but are not so poor as to qualify for financial assistance.) 10. There is a need to be concerned about potential criticism to the City for the "sale" of the property to the Y. The community may not regard this as "surplus property" and, if the Y is able to go out and raise $3 million in cash for the building, are they not able to raise another $200,000 to purchase the land? 11. Regarding architectural controls, it would be wise to have those defined prior to any land agreement. These architectural controls should be defined prior to any approvals. 12. The City should stipulate that if the Y fails as an entity, the City gets first option to "bid" or purchase the Y. That agreement might even include the expectation of a reduction of the value of the building based on the contributions the community has previously made to the Y. I suspect this thought may be scoffed at because Y's are typically successful, but one only need to look to Faribault where a Y facility did fail and the community purchased the structure. 13. That the cost of survey work associated with the property description and platting be the responsibility of the Y. Does the "Y"go through the formal and normal channels of zoning and plat approval with their project? 14. That we determine how the landscaping for the Y will be done. Is the landscaping plan done by others to be approved by the City? Does the City develop the landscaping plan for implementation by the Y? The City should formally tie the Y down to a specific dollar amount (or range of dollar amounts) to be put into the landscaping plan to be sure that this is not one of the areas that they may "skimp on" if they find themselves short of dollars at the time of construction; or ask the City to contribute. 15. That the Y define what their future expansion might be; at least conceptually. 16. The City should define what the "Y" responsibilities are in meeting the water quality standards with the development of the site. That is, will they be making a cash dedication for water quality or for on-site ponding? Is there a presumption that only the City will be responsible for meeting the water quality standards despite the fact that some of the parking areas will be jointly used or used only by the Y? 17. Are there other City services we need to be cognizant of that they may be looking for or anticipate or expect relief from, i.e. building permit fees, utility hook-up fees, other unit charges, etc. These comments are random and in no particular order. Some of these may be real concerns or issues that are insignificant but nevertheless, come to mind as I brainstorm some of these items for you. It might be wise to have Dale Runkle and Tom Colbert do a similar listing of concerns. KV:cm Agenda Information Memo May 23, 1991 City Council Meeting TRANSFER/MULTI-FAMILY HOUSING REVENUE BONDS/ROYAL OAKS CIRCLE B. Resolution Authorizing the Execution of Certain Documents in Connection with the Foreclosure of nd TSraner of Title to the Royal Oak Circle Apartment Project--Enclosed on pages / throughar you will find correspondence from Christine Chale relative to the above re renced aparfthent project, multi-family housing mortgage revenue bonds. As is indicated in the attorney's correspondence, cash flow difficulties on the part of the project have resulted in the bond holder indicating an intent to foreclose on the bonds and transfer ownership of the project. While the City has no exposure as a consequence of this default, it is necessary for the Mayor and City Clerk to execute certain documents on behalf of the iCi elative to the loan agreement to permit this transfer to occur. Also enclosed on pages lT`d through is a copy of the resolution being requested under this action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 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 as presented. J HOLMES & GRAVEN CHARTERED 470 Pillsbun(enter,Minneapolis,Minnesota 55402 CHRISTINE M. CHALE Attome■ al Lev, Telephone(612)337-9300 Facsimile(612)337-9310 Direct Dial(612i ?37-9210 May 13, 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: We acted as bond counsel with respect to the above-referenced bond issue, which was closed in December of 1986. The bonds were used to finance a 231-unit multifamily project located in the City of Eagan, owned by Royal Oak Circle, a Limited Partnership, the general partners of which were Can American Realty Corporation and Royal Oak Circle, Inc. The bonds were sold to a single purchaser, Capital Realty Investors Tax Exempt Fund Limited Partnership ("CRITEF"). Under the federal tax requirements applicable to the project, twenty percent of the units must be held for occupancy by persons or families with incomes at or below 80% of median income. CRITEF has informed me that the project has been experiencing cash flow difficulties due primarily to lower than anteipated rents and higher than anticipated real property taxes. CRITEF has published notice of a foreclosure sale and intends to have an affiliate take ownership of the project temporarily until the redemption period runs and a purchaser for the project can be found. CRITEF plans to maintain the low-income occupancy requirements during this interim period so that on a subsequent sale to another developer, the tax-exempt status of the bonds can be maintained. Among other things, CRITEF is investigating the feasibility of cooperative ownership of the project. CRITEF has requested that the City approve certain changes to the bond documents in connection with the foreclosure sale. First, new loan documents will be entered into with the affiliate taking over ownership. CRTTEF intends to change the property manager from an affiliate of Can-Am to an affiliate of CRITEF. The original documents provided that if the manager was an affiliate of CRITEF, the management fee would be subordinated to the payment of interest on the bonds. CRITEF wishes to amend the documents to permit the payment of a management fee to its affiliate from cash flow. /54 Mr. Thomas Hedges May 13, 1991 Page Two I have enclosed a form of resolution approving such changes, together with forms of the following documents prepared by CRITEF's counsel. 1. Amendment to Lender Loan Agreement; 2. Loan Agreement; 3. Mortgage; 4. Assignment of Leases and Rents; and 5. Assumption of Declaration of Restrictive Covenants and Regulatory Agreement. The documents are consistent with those originally executed in connection with the bonds except as described above. The bonds are revenue bonds payable solely from amounts received under the loan agreement, and all costs and expenses of the amendment are to be borne by the owner or CRITEF. CRITEF has requested that this matter be placed on the agenda for the May 23, 1991 City Council meeting. Thank you for your assistance in this matter. Please let me know if you have any questions regarding this matter or if I can provide any additional information. Very truly yours, daze:It-Li A (Li Christine M. Chale CMCO Enclosures cc: Mr. James F. Sheldon (w/encl.) Mr. Gene Van Overbeke (w/o encl.) Mr. Jeff Lesk (w/o encl.) Ms. Jill Himmer (w/o encl.) /i5 • RESOLUTION NO. 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. WHEREAS, on December 5, 1986, the City of Eagan (the "Issuer") issued and sold to Capital Realty Investors Tax Exempt Fund Limited Partnership (the "Bondowner") pursuant to a Lender Loan Agreement dated as of December 1, 1986 between the Issuer and the Bondowner (the "Lender Loan Agreement") a Multifamily Housing Mortgage Revenue Bond (Royal Oak Circle Project), Series 1986 (the "Bond") in the principal amount of $12,580,000 pursuant to Minnesota Statutes, Chapter 462C (the "Act") in order to refund the Issuer's Multifamily Rental Housing Revenue Bonds (Royal Oak Circle Project) Series 1985 (the "Refunded Bonds"); and WHEREAS, the transferred proceeds of the Refunded Bonds were loaned to Royal Oak Circle Limited Partnership, a Minnesota limited partnership (the "Prior Owner") to finance the acquisition and construction of the Royal Oak Circle (the "Project") pursuant to a Loan Agreement dated as of December 1, 1986 (the "Prior Loan Agreement") among the Issuer, the Bondowner and the Prior Owner; and WHEREAS, the Prior Owner is in default under the Prior Loan Agreement and the Bondowner has initiated an action to foreclose the Combination Mortgage, Security Agreement and Fixture Financing Statement dated as of December 1, 1986 (the "Prior Mortgage") from the Prior Owner to the Issuer and the Bondowner to secure the obligations of the Prior Owner under the Prior Loan Agreement; and WHEREAS, upon foreclosure of the Prior Mortgage, the Bondowner will transfer title of the Project to CRICO of Royal Oaks Limited Partnership, a Minnesota limited partnership (the "New Owner") and a loan will be made to the New Owner pursuant to a Loan Agreement dated as of June 1, 1991 among the Issuer, the Bondowner and the New Owner; and WHEREAS, there have been presented to this meeting the following documents, which the Issuer proposes to enter into: 1. The form of the Loan Agreement, dated as of June 1, 1991 (the "Loan Agreement"), among the Issuer, the Bondowner and the New Owner; 2. The form of the Amendment to Lender Loan Agreement, dated as of June 1, 1991 (the "Amendment to Lender Loan Agreement"), between the Issuer and the Bondowner; and 3. The form of the Assumption of Declaration and Regulatory Agreement dated as of June 1, 1991 (the "Assumption of Regulatory Agreement") from the New Owner and accepted by the Issuer and the Bondowner; and WHEREAS, it appears that each of the instruments above referred to, which are now before the Issuer, is in appropriate form and is an appropriate instrument for the purposes intended; (J1 7"' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA, AS FOLLOWS: 1. That the form and content of the Loan Agreement, Amendment to Lender Loan Agreement and Assumption of Regulatory Agreement be, and the same hereby are, in all respects authorized, approved and confirmed and the Mayor and the City Clerk be, and they hereby are, authorized, empowered and directed to execute, attest to the execution of, seal with the official seal of the Issuer and deliver the Loan Agreement, Amendment to Lender Loan Agreement and Assumption of Regulatory Agreement for and on behalf of the Issuer, including necessary counterparts in substantially the form and content now before this meeting but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Loan Agreement, Amendment to lender Loan Agreement or Assumption of Regulatory Agreement now before this meeting, and that, from and after the execution, attestation, sealing and delivery of the Loan Agreement, Amendment to Lender Loan Agreement and Assumption of Regulatory Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Loan Agreement, Amendment to Lender Loan Agreement and Assumption of Regulatory Agreement as executed. 2. That the Mayor and the City Clerk of the Issuer be, and they hereby are, authorized to execute and deliver for and on behalf of the Issuer any and all additional agreements, certificates, documents, opinions or other papers and perform all other acts as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. 3. That in the event of inability or unavailability of any official of the Issuer to perform any duty assigned to such official by the terms of this Resolution, any officer or employee of the Issuer authorized to act for such official is hereby authorized and directed to do so. 4. That no covenant, obligation or agreement herein contained or contained in the Amendment to Lender Loan Agreement, the Assumption of Regulatory Agreement or the Loan Agreement or such other agreements, certificates, documents or other papers executed on behalf of the Issuer in order to implement and carry out the intent and purposes of this Resolution shall be deemed to be a covenants obligation or agreement of any officer, member, agent or employee of the Issuer in his individual capacity. 5. That the Bond is a limited obligation of the Issuer payable solely from the revenues or funds pledged therefor under the Lender Loan Agreement. The Bond will not be payable from any of the Issuer's other revenues or assets. Neither the faith and credit nor the taxing power of the Issuer or the State of Minnesota has been pledged to the payment of the Bond. Neither the State of Minnesota nor any political subdivision thereof shall in any event be liable for the payment of the principal of, premium, if any, or interest on the Bond or for the performance of any pledge, obligation or agreement of any kind whatsoever of the Issuer and neither the Bond nor any of the Issuer's agreements or obligations shall be construed as an indebtedness of or a pledge of the faith and credit of or a loan of the credit of any /572 of the foregoing within the meaning of any constitutional or statutory provision whatsoever, 6. That the provisions of this Resolution are hereby declared to be separable, and, if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. Adopted by the City Council of the City of Eagan, Minnesota on this day of , 1991. By Attest: Mayor By City Clerk / / STATE OF MINNESOTA ) COUNTY OF DAKOTA ) ss. CITY OF EAGAN ) I, the undersigned, being the duly qualified and acting Clerk of the City of Eagan, hereby certify that this is an exact and true copy of Resolution No. , as adopted by the City Council of the City of Eagan on the day of , 1991, and that this Resolution is a part of the minutes of said Council meeting. WITNESS my hand officially as City Clerk this day of , 1991. CITY OF EAGAN, MINNESOTA By City Clerk Agenda Information Memo May 23, 1991 City Council Meeting VARIANCE TO SETBACK/DAVID AND LINDA SMITH PRE1TYMAN HEIGHTS ADDITION C. Variance, David and Linda Smith, of Ten Feet to the Public Right of Way Setback of 30',Lot 1,Block 1,Prettyman Heights Addition—An application has been received of David and Linda Smith for a variance of 10' to the required 30' setback from public right of way and the above referenced location. The lot in question is bounded on three sides by City streets, each requiring a 30' setback. For additional information with respect to this application, please refer to the Co unity Development Department staff report which is enclosed on pages l(o ( through J3 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for David and Linda Smith of 10' the public right of way setback of 30' on Lot 1, Block 1, Prettyman Heights Addition. SUBJECT: VARIANCE APPLICANT: DAVID & LINDA SMITH LOCATION: LOT 1, BLOCK 1, PRETTYMAN HEIGHTS ADDITION EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: MAY 23, 1991 DATE OF REPORT: MAY 15, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by David and Linda Smith requesting a 10' Variance to the required 30' setback from public right-of-way. COMMENTS: The applicant is proposing to construct a 2,036 sq. ft. home (covenants in the area call for 2,000 sq. ft. minimum) on the corners of Skyline Drive and Skyline Drive and Skyline Court. This lot has right-of-way on three sides. Originally Skyline Drive to the north was not abutting this property; it was located further to the north. The applicant is trying to meet his covenants and City setback requirements has changed his building plans from a rambler to a two-story style to reduce the perimeter measurement of the house. Because of the 30' setback for the side of a building on a corner lot, the applicant cannot put the minimum sized home required by his covenants on a lot which has three 30' minimum setbacks. The dwelling portion of the building would meet Code, however, the applicant has proposed an attached three car garage. The last stall would encroach into the setback approximately 10'. The applicant has an aluminum fishing boat and trailer which he will be storing in the third stall of the garage. If the Variance is approved, it shall be subject to the following conditions: 1. Driveway access shall be from Skyline Court. 2. All other applicable City Code requirements shall be met. -. _ - _ -- CENTER PARK SW: s s SKYLII E no I 'mow now' !W Street Map I � I • c ..7 . 0/1- 77 ,�; t 11 !. —1 :D L A -T• A A. —, 7,, 2.3 s <V A. Freder /C.e C• De LOS/ 012-77 Oil - 77 (• r -11.41,i 'N.-- . = s SUE -- _ -,,«r 60 --- q i : ç' t01 /�I...,.. ...,,t ______\,, % ♦ r COURT { I /t"lig E :Tar:ORE * c oclow i ,,al 4 .,.,�.--' f/.77 -rte• c .,;. i 8 6s, .9 `I ..� ......,...',...14...4 ��; 4 SXYLINE s � � � . 4r C)-. i v)� 4 . a : sKq u NS MIvE 8. Ee.Cy * Z G 10kOt iA 9d+baCC !AI sxy G,Nt coot"- tV 7" / " la4e_ / , r677yM*V / ��• ee. /III(/ , • 23 Agenda Information Memo May 23, 1991 City Council Meeting DEVELOPMENT AMENDMENT/SIGNAGE PLAN/RAHNCLIFF CROSSINGS D. Planned Development Agreement, Bradbury Group Incorporated to Allow Signage Modification to the Overall Sign Plan for Rahncliff Crossings Planned Development Located Along the South Side of Cliff Road in the Northwest 1/4 of Section 32--At its regular meeting of April 23, 1991, the Advisory Planning Commission considered the above referenced planned development agreement to modify the signage plan for the Rahncliff Crossings development. For additional information in this regard, please ref,to the Community Development Department staff report which is enclosed on pages /4 through IN) for your review. Also enclosed on pages n 1 through /7 .tare the Advisory Planning Commission minutes in this regard. The APC is recommending approval of the amendment as presented. It should be noted that the Council's previous action with respect to the relocation of the Burger King sign will be implemented together with modifications • requested. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the planned development agreement for Bradbury Group Inc., for modification to the overall sign plan for the Rahncliff Crossings planned development as presented. k.(9 CITY OF EAGAN SUBJECT: PLANNED DEVELOPMENT AMENDMENT RAHNCLIFF CROSSINGS PD APPLICANT: BRADBURY GROUP LOCATION: NW 1/4 SECTION 32 EXISTING ZONING: PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: APRIL 23, 1991 DATE OF REPORT: APRIL 17, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by the Bradbury Group requesting a Planned Development Amendment for signage modifications within the Rahncliff Crossings Planned Development. That Planned Development was approved in September 1988 and one condition of the Rahncliff 2nd Addition plat called for an overall sign plan as shown on the site plan. This project went into default and the Bradbury Group was the court appointed receiver. These changes are being proposed in an effort to improve the economic situation the project is in. The applicant's believe visibility must be increased if the center is to survive. While the site is situated along I-35E and Cliff Road, the only access to the site is from Rahncliff Road and Rahncliff Court. The proposed changes are as follows: 1. A pylon sign 27' tall with approximately 150 sq. ft. of signage area would identify the entire project as the Crossings Shopping Center. The three spaces below the triangular portion would be used for the individual tenants. These would be changed on a regular basis so all tenants would have visibility along Cliff Road. The auto mall along Yankee Doodle Road and Duckwood Drive is the best example of a similar sign in Eagan. 2. The relocation of the Burger King sign to the north is in conformance with what the City Council directed last year. This will increase the distance to the Big Wheel sign to approximately 200' while staying 300' from the proposed main identification sign. The reason the Burger King sign was not moved was due to the lateness in the year and the City does have the financial guarantee to move that sign. li/� 3. Currently, Remax Realty is renting space on the 2nd floor of the First American Bank Eagan. They are proposing to add 27' sq. ft. of signage area at the base of the existing pylon sign. Even if this was added, it would meet City Code requirements of 125 sq. ft. of signage per pylon. Staff favors adding to the existing sign rather than creating another ground sign. 4. The applicants are requesting that the Cheers sign on the rear portion of the building be removed and placed on the side of the building closest to Cliff Road. At staff's request, the canopy and signage area will be extended and the Cheers signage will be incorporated into that canopy. The building then would act as a front along Cliff Road and look much more finished than the existing condition. If approved, this Planned Development Amendment shall be executed prior to any of the construction, or relocation, of the signs. l (.0J -1I-1 ' • i ' • - - 1 EAGAN , MN -- & CLIFF RD . MAIN S ` PYLON \ ii•.. 1� SIGN .1 %fa � i. :.yip 'trrttt ��■ ' ‘4•A". ,....W../ WO‘ .... 46-4- I - I rrtJ••• • r4 : /I■ /\'qS • 0 ?...../BU�RGR J `� / ' /� / �• t KING ‘ %1/1// ,\ • 1 V/ ` \. / f/SIGN 1 _ i , , ,, , • Ik �- t I • #.0°... % . / ,• IIIIIII I '� �\ 1 1 • exwinge4] • , .... . / • BIG _ _ • WHEEL ,' 1 i `••` �� `%lit SIGN 1 • 1 i ••• I II II• � ... e i = g) •/ ‘,,, , • �- L 1 ~ 1 F_ 1 — 1C — 1 1 . p 1 1 IL ii 1 F It,r ANON,6010K 1 1 1 t 1 E iii) it ...... ••••••• I I BANK //////////1/ " '! r— 1 . SIGN j _ RAHN ROAD PROPOSED SITE PLAN OF CENTER 03-14-91 1 (42 1.7 THE CROSSINGS SHOPPING CENTER EAGAN , MN - HWY. 35E & CLIFF RD . A $-0r I COMING SHOPPING CENTER Arra,— WO 0. "KA- isra1/4 ‘;!-c 2)' 9'9" • PROPOSED PYLON SIGN 03-14-91 0 1 (fiq • • • DROVERS FIRST AMERICAN BANK OF EAGAN • 12.5 *te. ererp-1:. *te.41-4.6t ?srq% ty. '1 BREW II rAgil A m(PriteM B an k .E : gan Oretepl_lai c:i T.0.0 0 C.° :0 gCCI3 • • 14 CIL a • Cgocaromilk az. I • 3 c —4Te • 13POSED ADDITION TO -PYLON SIGN 03-14- CO f _ O • Z 0 an .1 lint tL 2 0 ' ' a 1 1 z ......_ , 4..v, , __, O p: .. . . Q . � w . 1 _ W I- I-:• w O W Ce Q . Z O Z W 1-1- . U u- Z• 0 1.-'- t1=-1 cb. .--"i 1, 1 ) _ 0- LLI ta L O c° .."-t : j0) ea • z cry +' o 0 . en _ U O Z r -r "" z Z n 2 0 O ,y ti) 0 r�cz LL U Q 0 W Q A6 Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 23 , 1991 4 . An opaque fence or a compact evergreen hedge not less than 6' tall will be provided along the west property line. Fences taller than 6' will require a Special Permit from the City Council. 5. All signage shall be subject to the one-time sign fee of $2 . 50/per sq. ft. 6. All other applicable City Codes shall be adhered to. 7 . A detailed grading, drainage, erosion and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to issuance of a grading permit or building permit. 8 . The storm sewer layout for this site shall be designed in accordance with the City's Storm Water Management Plan. 9 . Current City Code requires that parking lots shall be surfaced with bituminous or concrete and the edge of the parking lot shall be constructed with a concrete curb and gutter. 10. The parking lot shall be constructed with concrete curb and gutter to contain all vehicles and to convey surface water runoff to the proposed storm sewer. 11. The developer shall protect the existing 18 ' sanitary sewer force main that runs along the south property line of this site. The developer will be responsible for any damage done. 12 . The driveway connection to this site at Lone Oak Circle will be required to be constructed with a concrete apron. All voted in favor. PLANNED DEVELOPMENT AMENDMENT - BRADBURY GROUP, INC. Chairman Graves opened the next public hearing of the evening regarding a Planned Development Amendment to allow signage modifications to the overall sign plan for the Rahncliff Crossings Planned Development located along the south side of Cliff Road in the NW 1/4 of Section 32 . I ( Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 23 , 1991 City Planner Jim Sturm presented a brief background of this project and explained the four proposed changes. He stated that the applicants have done a good job of working with City Staff. Dan Jones, a representative of the applicant, informed the commission members that he would get down on his knees and plead if he had to. He stated that this development has suffered tremendously and the tenants are hoping that the changes in the signage will help them get more exposure to bring in customers. Mike Havercant of the 1st American Bank, a tenant in the area, approves of the signage and believes that the proposed signs will help. He would like the commission members to strongly consider approval. Commission Member Merkley felt that this strip center is very important to Eagan and that he supports the proposed changes. Merkley moved, Trygg seconded, the motion to approve a Planned Development Amendment for signage modifications within the Rahncliff Crossings Planned Development. All voted in favor. VENTANA DEVELOPMENT CORPORATION - CLIFF LAKE CENTRE 3RD ADDITION Chairman Graves opened the last public hearing of the evening regarding a Preliminary Plat consisting of 228 apartment units on approximately 23 previously zoned R-4 (Multiple) acres within the Eagan Hills West Planned Development located along the north side of Cliff Lake Drive in the SW 1/4 of Section 29. City Planner Jim Sturm presented an overview of the staff report and a brief background of the application. He stated that the Advisory Parks, Recreation and natural Resources Commission approved this project regarding water quality earlier in the month. Conditions #17 to #21 should be deleted. A representative of the applicant, Jim Stirton, addressed the commission members. He stated that neighborhood meetings have been held and that he feels that they have the neighbors support. This rental housing is needed in the City and can easily be absorbed. He further stated that they very recently changed their site plans, which were not included in the commission members packets. Pond "A" and "B" will not be permanent, but instead will be natural. They are willing to work with staff to save as many trees as possible. Agenda Information Memo May 23, 1991 City Council Meeting PRELIMINARY PLAT/VENTANA DEVELOPMENT CORPORATION CLIFF LAKE CENTRE 3RD ADDITION E. Preliminary Plat, Ventana Development Corporation/Cliff Lake Centre 3rd Addition Consisting of 208 Apartment Units within the Eagan Hills West Planned Development Located Along the North Side of Cliff Lake Drive in the SW 1/4 of Section 29--At its regular meeting of April 23, 1991, the Advisory Planning Commission met and considered an application for preliminary plat for Cliff Lake Centre 3rd Addition, consisting of 208 apartment units at the above referenced location between Cliff Lake Centre and the Highline Trail park corridor. For additional information with respect to this application, please refe to the C unity Development Department staff report which is enclosed on pages/7�through 2-for your review. Also enclosed on pages / tthrough 9 is a copy of the Advisory Planning Commission minutes with respect to this item. The is recommending approval of this applef ation. The Par and Recreation Department recommendation is enclosed on pages L??through and a me from Landscape Architect/Park Planner is also enclosed on pages / ') through / ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Ventana Development Corporation for Cliff Lake Centre 3rd Addition consisting of 208 apartment units located within the Eagan Hills West Planned Development as presented. \q3 SUBJECT: PRELIMINARY PERMIT (CLIFF LAKE CENTRE 3RD ADDITION) APPLICANT: JAMES S STIRTON VENTANA DEVELOPMENT CORPORATION LOCATION: SW 1/4 OF SECTION 29 P.I.D. #10-17780-030 & 040 00 EXISTING ZONING: PD R-4 (PLANNED DEVELOPMENT - MULTIPLE FAMILY RESIDENTIAL) DATE OF PUBLIC HEARING: APRIL 23, 1991 DATE OF REPORT: APRIL 16, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat for Cliff Lake Centre 3rd Addition consisting of 208 rental apartment units on approximately 22.9 acres of previously-zoned PD R-4 land located north of Cliff Lake Road and south of Meadowland Park/Highline Trail. The Land Use Guide Plan designates this area D-III (Mixed Residential) which calls for a density of 6-12 units per acre. The PD R-4 zoning allows a density of 12 + units per acre. BACKGROUND: This item was continued from the February 26, 1991 APC meeting at the applicant's request. This enabled the APRC to review the plat and make recommendations at its March 7, 1991 meeting. Since this time, staff has had a chance to calculate the plats water quality responsibility. The site in question is part of the Eagan Hills West Planned Development which was initially approved on April 3, 1979 for a term of 15 years. This PD provided for both commercial and a mix of residential use. The site in question was platted as outlots with Cliff Lake Centre on May 15, 1988. EXISTING CONDITIONS: The site is bounded by Meadowland Park/Highline Trail on the north, Blackhawk Road on the east, Cliff Lake Road and Cliff Lake Centre on the south, and Rahn Road and Rahn School on the west. Currently, the site is primarily open grassland containing several ponding areas that adjoin the Highline Trail park corridor without a physical barrier. The site slopes from south to north and the eastern half of the site contains some mature oak trees that should be saved to the greatest extent possible. SITE PLAN: The site plan proposes a total of 13 apartment buildings consisting of 16 units each for a total of 208 units. The entire site area is approximately 22.9 acres. The developer is proposing to dedicate park areas totaling approximately 3.1 acres for a net site area of 21.52 acres. This includes a 10% credit for the dedicated area. The net building l'1 coverage of this proposal is 11.5% which is less than the City Code allowed maximum building coverage of 20%. The gross density of this proposal is 9.08 units per acre while the net density is 10.9 units per acre. Both of these figures meet the density allowed in the R-4 zoning district of 12 + units/acre and the Land Use Guide Plan Density for D-III of 6-12 units/acre. The proposed development will occur in two phases. The first phase will consist of 112 units and the second phase will be 96 units. Ideally, the developer would like to begin Phase I construction this fall and begin Phase II approximately one year later. The site plan provides a total of 429 parking spaces. This figure includes one underground garage parking space, plus one surface space per unit and 13 visitor surface parking spaces. The developer has indicated that all trash and recycling containers will be retained within the garages and be the responsibility of each tenant. COMMENTS: The 208 unit breakdown includes sixty-two 724771 sq. ft.one bedroom, one- hundred four 952-1,109 sq. ft. two bedroom, and forty-two 1,110 sq. ft. three bedroom units. Access to the site will be gained via five access points, four along Cliff Lake Road and one on Rahn Road. Internally, the site will be served by private roads. All building and parking setbacks are met. The developer is intending the project to be suitable for young professionals, either single, married, or with families. Each unit will include a stacked washer and dryer, separate central heating and cooling equipment, and its own private exterior balcony. All two and three bedroom units will have two full bathrooms. The exterior finishes shall have a maintenance-free vinyl siding and all windows and doors will be finished with low maintenance coatings. The buildings will be sprinklered. The project will also provide common facilities, including two outdoor swimming pools with complete indoor changing,washroom, and shower facilities. Other accommodations include exercise facilities and a furnished meeting room. PARKS & RECREATION: The Advisory Parks & Recreation Commission reviewed and made recommendations regarding this proposal at its March 7, 1991 meeting. The proposal is subject to a land dedication of 3.1 acres and is responsible for a cash dedication equal to 2.57 acres. This combination equals the 5.67 acre dedication required in the Eagan Hills West PD Agreement for this site. LANDSCAPE COMMENTS: The landscape plan submitted was reviewed conceptually, noting that the final plan will be required to be submitted on a grading plan and signed by a registered landscape architect. The major concern at this point is the area along Cliff Lake Drive. Additional screening through the use of berming and/or landscaping is necessary to act as a buffer between the large parking areas on the perimeter of the site and Cliff Lake Drive. The City's Landscape Policy states that parking areas shall be screened from all public roads and from different adjacent land uses. The plant material listed is the minimum size allowed by the City. Staff strongly suggests adding an irrigation system at a minimum in the areas along the public streets to help in the health and maintenance of the plant material. Staff is also concerned with a number of the shrub beds located along the interior parking areas in that the plants will have a tough time withstanding the snow plowing when they are directly next to the curbing. There could be freestanding beds moved away from the curbing area and still achieve the same effect. n GRADING/DRAINAGE/EROSION CONTROL: The development incorporates the low lying drainage basins and the lightly wooded knolls along the north side of Cliff Lake Road. The maximum cut is 30' in the southwest corner of the site and the maximum fill is 20' in the west-central portion of the site. The development will direct its surface water runoff to a series of ponds that lie in this development and the adjacent Meadowland Park property to the north. The ponds are identified as AP-22,AP-23 and AP-24 in the City's Comprehensive Stormwater Management Plan. The ponds also receive runoff from the existing ponds in the I-35E right-of-way to the east; Shale Lane and Fox Ridge Court to the north; the vacant 15 acres of commercial zoned property to the south of Cliff Lake Road and west of Blackhawk Road; and Rahn Road and the park property to the west. The routing, configuration, depths and volumes of the ponds have been reviewed with City staff and the City's consultant and the preliminary design meets the City's requirements for a 100-year design. The preliminary grading plan shows that the 100-year HWL for Pond AP-23 is at elevation 898.0 and the emergency overland outlet for the pond will be to the north at elevation 906.0. The grading plan shows an apartment building on the west side of the pond with a walkout elevation at 902.5. To protect the building from flood damage during storms with a higher rainfall frequency than a 100-year event or plugged storm sewers that drain the pond, the developer should consider raising the building to elevation 905.0 and lowering the emergency overland outlet to elevation 904.0. Pond AP-24 is a land-locked pond that will not be able to have an emergency overland outlet. The pond is the lowest pond in the area. The 100-year HWL of 879.0 as shown on the grading plan meets the City's design standards. The proposed apartment building to the west of the pond is shown to have a walkout elevation of 883.0, which will provide 4 feet of freeboard. The Developer should consider raising the lowest entry elevation of the buildings around Pond AP-24 to at least 884.0 to provide additional flood protection. There is a low point on Rahn Road 450 feet south of Shale Lane and the grading plan for this site shall provide an emergency overland outlet for this low point. The overland outlet shall be designed to allow only 18 inches of ponding in Rahn Road. The overland outlet will drain the excess surface water runoff that drains to Rahn Road to Pond AP-24. The preliminary grading plan proposes a 10'high retaining wall along the east edge of Pond AP-23 to assist in the construction of the private driveway along the east edge of this pond. The grading plan is also proposing to construct an 8' high retaining wall in the northeast corner of the site to help protect trees. The development is required to submit detailed plans and specifications of the proposed retaining wall construction for staff review prior to grading permit issuance. The developer proposes to protect and save the trees in two locations on this site. Approximately a 0.4 acre area of woods will be protected in the northeast corner of the site, and 0.25 acres of woods will be saved in the center of the site. The rest of the development will be disturbed by the proposed grading. t 1 An existing 18" trunk sanitary sewer drains through the site along the north property line. 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. The design of the ponds along the trunk sanitary sewer line shall make sure that the sanitary sewer line is outside of the NWL of the ponds. 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: A water quality analysis was conducted for the preliminary plat to develop a 23 acre site in the SW 1/4 of Section 29 for multi-family housing. The analysis' objective was to determine the ponding necessary to assure that nutrient concentrations in the outflow of Pond AP-24 after the Cliff Lake Centre 3rd Addition is developed would not exceed nutrient concentrations in run-off before development. This is the minimum level of treatment required under the City's water quality management policy. Using the City's water quality model, we have determined that water quality treatment requirements can best be met by adjusting pond surface areas and wet pond volumes to achieve the following: Surface Area At NWL Wet Pond Volume Pond (Acres) (Acre-Feet) AP-23 0.6 2.7 AP-22 0.8 2.3 AP-24 1.5 6.8 These surface areas and wet pond volumes will meet the water quality treatment requirements for Ventana's proposed development. Approximately 15 acres of commercial zoned land south of Cliff Road and owned by Advanced Developers, Inc., will eventually drain through an existing storm sewer into Pond AP-23 after this parcel is developed. If runoff from this parcel is included in the analysis, the wet pond volume of AP-24 must be increased to 8.0 acre-feet to provide adequate treatment. Staff recommends that Ventana and Advanced Developers work together to make sure that Pond AP-24 is modified so that water quality requirements for both parcels are met. UTILITIES: Sanitary sewer of sufficient size,capacity and depth have been provided to this development from the existing 18"or 15" trunk sanitary sewer line that runs along the north property line of the site. The preliminary utility plan shows five connections to the trunk line to serve the proposed apartment buildings. The lines serving the apartment building are shown as 8" diameter. Water main of sufficient size, pressure and capacity is available to serve this development from an existing 16" trunk water main on Cliff Lake Drive and an existing 12" trunk water main in an easement that runs through the center of the site from Cliff Lake Drive to Beaver Dam Road. Staff recommends that the developer add a connection from the proposed water main serving Lot 2 to the existing 12" water main in the northeast corner of the lot to improve looping. 1 72$ The developer has requested that the internal sanitary sewer and water main lines be publicly maintained. The preliminary plat shows drainage and utility easements over the proposed lines. The City policy states that if the sanitary sewer and water lines are located in one lot and their use is for service of private buildings, then the lines shall be privately maintained. Staff recommends that the proposed sanitary sewer and water mains be installed in the parking and driveway areas whenever possible to improve access to the utility lines. STREETS/ACCESS/CIRCULATION: Public street access to the site is available from Cliff Lake Road to the south, Rahn Road to the west and Blackhawk Road to the east. The preliminary site plan shows 4 access points to Cliff Lake Road, 1 access point to Rahn Road and no access to Blackhawk Road. The easterly connection to Cliff Lake Road will require reconstruction of the street to shift the median opening 102 feet to the east. The shifting of the median opening is necessary to allow a full access point for the driveway that will be constructed along the east edge of Pond AP-23. The south access to serve the undeveloped portion of Cliff Lake Centre will also need to be reconstructed to match the proposed centerline of the new north access point. All streets or driveways within the plat are proposed to be privately owned and maintained. The private streets and driveways shall be constructed with poured in place concrete curb and gutter, and the drainage on the streets shall be directed into the gutter line and subsequently into an internal storm sewer system in accordance with City Code requirements. The design of the street grades of the private streets shall not exceed a 10% slope and the street grade shall not be less than 0.5%. At intersections, the street grade shall not exceed 3.0% for the first 100 feet. Concrete valley gutters will be required at intersections where the street or driveway openings connect to the City streets. STREETLIGHTS: The City of Eagan will require the Developer to submit a site plan indicating as-built street light locations along Cliff Lake Road. The City will require that the continuous street lighting standard be maintained for this major collector street. The proposed driveway locations may altar the present continuous street lighting standards and several additional street lights may be required. The City will require a street light at the intersection of the proposed driveway entrance to Rahn Road. EASEMENTS/RIGHT-OF-WAY/PERMITS: No right-of-way for internal streets will be dedicated as part of the plat since all streets will be privately owned. No additional right-of- way along the existing streets are required. All required easements of sufficient width based on depth of utilities will be dedicated as part of the plat. In addition, drainage and utility easements for the proposed ponds will be dedicated as part of the plat. 17 The developer will need to vacate ponding easements around Pond AP-23 and AP-24. The preliminary grading plan shows construction of buildings in the existing ponding easement. The development will be responsible for ensuring that all regulatory agency permits (MPCA, MN Department of Health, MWCC, MNDoT, Corps of Engineers, MN DNR, etc.) are obtained prior to final plat approval. • FLNANCIAL OBLIGATION -Cliff Lake Centre 3rd 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 Lateral bene5t sanitary sewer trunk 86 mi. -16.90/ff 1100 ff ;1&590O0 Total ;18.593.00 CLIFF LAKE CENTRE 3RD ADDITION CONDITIONS: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, 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. 4. All signage shall meet Sign Code regulations and be responsible for the one-time sign fee of $2.50 per sq. ft. 5. One indoor parking stall shall be included with the rent. 6. Additional landscaping shall be provided prior to Final Plat submission that emphasizes screening along Cliff lake Drive and Rahn Road. Irrigation shall also be required. 7. The development is required to submit detailed plans and specifications of the proposed retaining wall construction for staff review prior to 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 lines that serve just one lot shall be privately maintained. 11. The proposed access relocation for the east access onto Cliff Lake Road shall include center median reconstruction and shifting of the street opening to serve the property to the south. The new access shall be a full access with left-turn lanes. 12. The developer receive 3.1 acres credit for Outlots A & B to be dedicated to the City for parks purposes. 13. Baseed on the Eagan Hills West Planned Development Agreement,the developer shall pay a cash to land dedication for the difference between the 5.67 required and the 3.1 acre dedication. ( 1/ 14. The developer shall construct an 8' wide bituminous trail from Cliff Lake Drive to the south property line of the Highline Trail Corridor. 15. The developer shall provide a 15'wide trail easement for this pedestrian corridor. 16. The developer shall improve Ponds A and B 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 for wildlife. b. to revise the south shoreline of the south cell of Pond AP-22 eliminating the lineal channel. 17. The development is required to submit detailed plans and specifications of the proposed retaining wall construction for staff review prior to grading permit issuance. 18. 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. 19. This development will be required to provide ponding in accordance with the City's Stormwater Management Plan and Water Quality Management Plan Standards. 20. The internal sanitary sewer, storm sewer and water main lines that serve just one lot shall be privately maintained. 21. The proposed access relocation for the east access onto Cliff Lake Road shall include center median reconstruction and shifting of the street opening to serve the property to the south. The new access shall be a full access with left-turn lanes. 22. The development will be required to petition the City to vacate the extra ponding easement areas around Ponds AP-23 and AP-24 prior to final plat approval. 23. The development shall add a connection from the proposed water main serving Lot 2 to the existing 12"water main in the northeast corner of the lot to improve looping. 24. An emergency overland outlet from the low point on Rahn Road shall be constructed through the site to Pond AP-24. 25. Concrete valley gutters shall be constructed at intersections where the street or driveway openings connect to the City streets. 26. Continuous street lighting shall be maintained along Cliff Lake Road and any driveway connections that require relocation of street lights may require the installation of additional street lights. I U STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obliaations 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 Riabts-of-Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee 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. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 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 Quality 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. H. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 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''1. \ rl- / l I 4', \ it 1 p '�_ - h I: 5 ‘ i:.; , I , IE t , h . I u a / { lit5 i 1 I. *LI t lb %i Jr.. r .- - Ii!ii;; T 4 1 1:si O \ \ i — 74 / i /r 0 . �^ it ! '• / 1 u, ,{ 1 m t *• `�It / iI t,J O 4 0 '� / 4 J iii CC ''I O -J .-\ ie : • -I : i / z � a i W a , cc = z III > ✓ W ' * l.. 1 F Er v U Z *I ii; i IT, # ' I W .. Las.` ua I l+) ind �� J • S i' / a E■ U op- 1!i it f \ F . + En . . . h . \ II , * r r O\ 1 I___ :1 ..�_awl *• iN,... • * U ll Ns. Ii 1 = "I I 1 ---.-.V. IN I ,k-'4� ~ '.�`` _ \..` I' ! 1 X '".- 4\— "„7..--,.. 7, , ..... •,, . ___Ii, ' ■ I ! I I • R • l t . __ I , . `• tis ag —1 1 L---L-1 1 _iii;II; _; II': r\_ . ^ . '''';' -- I .::: .1 (. Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 23 , 1991 City Planner Jim Sturm presented a brief background of this project and explained the four proposed changes. He stated that the applicants have done a good job of working with City Staff. Dan Jones, a representative of the applicant, informed the commission members that he would get down on his knees and plead if he had to. He stated that this development has suffered tremendously and the tenants are hoping that the changes in the signage will help them get more exposure to bring in customers. Mike Havercant of the 1st American Bank, a tenant in the area, approves of the signage and believes that the proposed signs will help. He would like the commission members to strongly consider approval. Commission Member Merkley felt that this strip center is very important to Eagan and that he supports the proposed changes. Merkley moved, Trygg seconded, the motion to approve a Planned Development Amendment for signage modifications within the Rahncliff Crossings Planned Development. All voted in favor. VENTANA DEVELOPMENT CORPORATION - CLIFF LAKE CENTRE 3RD ADDITION Chairman Graves opened the last public hearing of the evening regarding a Preliminary Plat consisting of 228 apartment units on approximately 23 previously zoned R-4 (Multiple) acres within the Eagan Hills West Planned Development located along the north side of Cliff Lake Drive in the SW 1/4 of Section 29. City Planner Jim Sturm presented an overview of the staff report and a brief background of the application. He stated that the Advisory Parks, Recreation and natural Resources Commission approved this project regarding water quality earlier in the month. Conditions #17 to #21 should be deleted. A representative of the applicant, Jim Stirton, addressed the commission members. He stated that neighborhood meetings have been held and that he feels that they have the neighbors support. This rental housing is needed in the City and can easily be absorbed. He further stated that they very recently changed their site plans, which were not included in the commission members packets. Pond "A" and "B" will not be permanent, but instead will be natural. They are willing to work with staff to save as many trees as possible. f\3 Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 23 , 1991 Ken Tyler, an Eagan citizen, stated that his one concern is preserving as much wildlife as possible. He feels that the current proposal is probably the best he can expect. John Griggs of 4091 Vermont Avenue stated that he was on the Advisory Parks, Recreation and Natural Resources Commission. He reported that the commission recommended at their last meeting that the development should include recreation open space, and that the trees west of JP-23 should be saved. After a discussion it was discovered that 1/3 of the oak trees in excess of 4" diameter would not be saved. Chairman Graves stated his concern about how many trees were going to be eliminated and asked if there were any other alternatives so the oak trees could be saved. He liked what he was seeing in general but he does not think all of the alternatives have been looked at. Mr. Stirton replied that to save the trees they would have to start the process all over again and change their concept. This would mean higher density and fewer buildings. Commission Member Miller pointed out that they are saving 2/3 of the oak trees. Chairman Graves stated that he could not approve the development because he did not have all of the current information in front of him. He did not have enough time to look the plan over. Hoeft moved, Trygg seconded, motion to approve a Preliminary Plat for Cliff Lake Centre 3rd Addition consisting of 208 rental apartment units on approximately 22 .9 acres of previously-zoned PD R-4 land located north of Cliff Lake Road and south of Meadowland Park/Highline Trail 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, B1, B2 , 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. V \,Lk Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 23 , 1991 4 . All signage shall meet Sign Code regulations and be responsible for the one-time sign fee of $2.50 per sq. ft. 5. One indoor parking stall shall be included with the rent. 6. Additional landscaping shall be provided prior to Final Plat submission that emphasizes screening along Cliff Lake Drive and Rahn Road. Irrigation shall also be required. 7. The development is required to submit detailed plans and specifications of the proposed retaining wall construction for staff review prior to 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 lines that serve just one lot shall be privately maintained. 11 . The proposed access relocation for the east access onto Cliff Lake Road shall include center median reconstruction and shifting of the street opening to serve the property to the south. The new access shall be a full access with left-turn lanes. 12 . The developer receive 3. 1 credit for Outlots A & B to be dedicated to the City for parks purposes. 13 . Based on the Eagan Hills West Planned Development Agreement, the developer shall pay a cash land dedication for the difference between the 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 Highline Trail Corridor. 15. The developer shall provide a 15' wide trail easement for this pedestrian corridor. • La\s"- Page 10/EAGAN ADVISORY PLANNING COMMISSION MINUTES APRIL 23 , 1991 16. The developer shall improve Ponds A and B and AP-22 subject to the following requirements: a. either lower the HWL or AP-22 below the Highline Trail or reconstruct the trail above the 100 year frequency elevation. Also, they are asking to revise the bottom contours to the northern cell of Pond Ap-22 , providing for open water and a shallow area for wildlife. b. to revise the south shoreline of the south cell of Pond AP-22 eliminating the lineal channel. 17 . The development will be required to petition the City to vacate the extra ponding easement areas around Ponds AP-23 and AP-24 prior to final plat approval. 18 . The development shall add a connection from the proposed water main serving Lot 2 to the existing 12 'water main in the northeast corner 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 . 20. Concrete valley gutters shall be constructed at intersections where the street or driveway openings connect to the City streets. 21. Continuous street lighting shall be maintained along Cliff Lake Road and any driveway connections that require relocation of street lights may require the installation of additional street lights. All voted in favor, except Graves who opposed. ADJOURNMENT Miller moved, Trygg seconded, the motion to adjourn the April 23 , 1991 Advisory Planning Commission meeting at 10: 00 p.m. All voted in favor. Secretary - Eagan Advisory Planning Commission MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR HONORABLE MAYOR AND CITY COUNCIL k)tillki FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MAY 16, 1991 RE: ADVISORY PARKS, RECREATION, NATURAL RESOURCES COMMISSION'S RECOMMENDATION - CLIFF LAKE 3RD ADDITION BACKGROUND Attached is a staff report prepared for the Advisory Parks, Recreation and Natural Resource Commission on the Cliff Lake apartment project. This item appeared before the Advisory Commission at its March 19, 1991 regular meeting. Also, attached are the Commission minutes and the recommendations from that meeting. SPECIAL CONCERNS The Commission did express considerable concern regarding the large number of trees that would be lost along Cliff Lake Road, next to the east pond. The owner was asked to review several options, including the possibility of eliminating an apartment building, to save the trees. Other site changes were also suggested that might have had a significant impact on the site. Subsequent to the Commission's recommendations, staff did meet with the owner and landscape architect on the project to review how the trees might be saved through site design changes, short of a building elimination. Staff believes the owner and firm have tried to mitigate tree loss as much as possible, given the fact that the owner is not willing to eliminate the building on the site. KV/bls MEMORANDUM TO: ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION FROM: STEPHEN SULLIVAN, LANDSCAPE ARCHITECT/PARKS PLANNER FEBRUARY 26, 1991 RE: CLIFF LAKE CENTRE 3RD ADDITION - VENTANA DEVELOPMENT PROPOSAL An application has been submitted for a preliminary plat consisting of 208 apartment units on approximately 23 previously zoned R-4 acres within the Eagan Hills West Planned Development. BACKGROUND The Commission at the January 10, 1991 meeting reviewed the Diffley Commons Apartment proposal which is also within the Eagan Hills West Planned Development. The review of this previous proposal resulted in the need to update the current parkland obligation for the planned development. The Commission may recall that the results of this update indicated a parkland obligation of 5.67 acres for the Cliff Centre 3rd addition parcel. This review also provided a land to cash equivalent for park dedication required for all remaining undeveloped parcels within the planned development. The current proposal is for 13 apartment buildings with 16 units each totaling 208 units. The subject parcel is located on the north side of Cliff Lake Drive, south of Meadowlands Park/Highline Trail Corridor, west of Blackhawk Road and east of Rahn Road. ITEMS FOR COMMISSION REVIEW The Commission will need to review and make recommendations regarding the following items: 1. What is the proposals obligation for parks dedication? 2. Should the development receive park dedication credit for on-site recreation facilities? 3. What is the proposals obligation for trails dedication? 4. What is the proposals obligation for compliance with the Water Quality Policy? S. What are the impacts of the proposed pond improvements within the Highline Corridor? 6. Does the proposal meet the open recreation space requirement? 1. What is the proposals obligation for parks dedication? 7 acre The Eagan Hills West Planned Development composed of 4.52 52 acres of and and 1.15 acres parkland dedication. This 5.67 acres com p of pond (See Figure #2). The developer currently proposes to meet this requirement by providing the following outlots at a specific dedication percentage: - Outlot A - 100% dedication 0.9 acres - Outlot B - 100% dedication 2.2 acres - Outlot C - 70% dedication 2.59 acres(3.70 acres actual) Total proposed parkland dedication 5.69 acres The developers proposal for a 70% land equivalent for Outlot C is based on the large area for ponding, steep slopes, and limited useable area. (See Figure #1 and attached letter from Ventana Development Corporation.) Staff has reviewed the developers proposal for parkland dedication and found it inconsistent with the parameter used in determining parkland area. Outlots A, B, and C include slopes over 12% which may receive only partial area credit and pond areas which may receive 50% credit if 70% are as follows: has been provided. Staffs area computations for these ou • Outlot A - Total Acreage 0.90 Ac. - Steep Slope Acreage p 0.26 Ac. - Pond Acreage 1 0.04 Ac. - Area Above H.W.L. and below 12% Slopes 0.60 Ac. • Outlot B - Total Acreage p 2.20 Ac. - Steep Slope Acreage I 1.00 Ac. - Pond Acreage N 0.69 Ac. - Area Above H.W.L. and below 12% Slopes 0.51 Ac. • Outlot C - Total Acreage M 3.70 Ac. - Steep Slope Acreage N 0.39 Ac. - Pond Acreage p 3.20 Ac. - Area Above H.W.L. and Below 12% Slopes 0.11 Ac. •D13- 4 • Total Area Computations Total Acreage of Proposed Dedication 6.80 Ac. Total Parks Dedication Acreage Required 5.67 Ac. Total Area Above H.W.L. and Below 12% Slopes 1.22 Ac. Total Steep Slopes Acreage 1.65 Ac. Total Pond Acreage 3.93 Ac. Staff would like to evaluate each outlot based on it's own merits in regard to parkland dedication beginning with Outlot C. Outlot C is located at the west end of the site. The proposed parkland dedication is 86% pond and 10% steep slopes. Only 4% of the area has less than 12% slopes and is above the ponds high water elevation. The outlot is surrounded by 5 apartment buildings which lie approximately 20-30 feet outside the proposed parkland boundary. The developer proposes a trail link around the pond tying to the Highline Corridor Trail. Staff evaluation recommends that no parkland credit be provided for Outlot C. The outlot should be incorporated into Lot 2, Block 1, Cliff Lake Centre 3rd Addition. The recommendation is based on the outlots lack of significant benefit to the park system, minimal useable area, and the close proximity of the apartment buildings. Outlots A and B, located central and easterly within the subject parcel, equates to the overall master plan for Meadowlands Park. (See Figure #3) The master plan indicates secondary trails to the Highline Corridor, preservation of existing trees and terrain. This area would provide recreation opportunities and limited buffering of the parkland from the proposed adjacent high density development. Outlots A and B include useable area, steep slopes and ponding. The total area of these 2 outlots which is above the H.W.L. of the ponds and below a 12% gradient is 1.11 acres. The total steep slope area for these 2 outlots is 1.26 acres. The Commission may consider partial parkland credit for the steep slopes. The Commission may recall that in reviewing the parkland dedication for Coventry Pass Park the steep slope credit was based on a 20% equivalent. If the Commission chose to use 20% for Outlot A and B this would equate to 0.25 acres. Utilizing these parkland calculations of 1.11 acres for useable area and 0.25 acres for steep slopes the land area does not meet the 70% threshold in which pond areas may receive 50% credit. The Planned Development indicated a pond area of approximately 1.15 acres within the 5.67 acres of required parks dedication. Staff feels that a parkland dedication of 1.15 acres should be provided to the developer in accordance with the planned development agreement. In conclusion, the Commission may consider parks dedication based on the following calculations: OUTLOT A Area above H.W.L. and below 12% slopes 0.60 Acres (100% dedication) Steep slope area 0.05 Acres (0.26 acres at 20% dedication) Ponding area No Credit OUTLOT B. Area above H.W.L. and below 12% slopes 0.51 Acres (100% dedication) Steep slope area 0.20 Acres (1.00 acres at 20% dedication) Ponding area No Credit PLANNED DEVELOPMENT AGREEMENT Ponding area credit 1.15 Acres (100% dedication) Total Parkland Dedication 2.51 Acres The total parkland dedication of 2.51 acres is short of the required 5.67 acres according to the Planned Development Agreement. This shortfall of 3.16 acres can be fulfilled utilizing a land to cash equivalent. 2. Should the development receive parks dedication credit for recreation facilities and improvements? The developer proposes on-site recreation facilities which included two swimming pools. The developer is also evaluating trail improvement within the Highline Corridor. The parks dedication policy in certain cases provides for credit for the inclusion of recreation facilities within a development. The policy reads as follows: In those cases where subdividers and developers of land provide sufficient amenities such as,but not limited to swimming pools, tennis courts, handball courts, ball fields, etc., within the development for the benefit of those residing or working therein, and where, in the judgment of the Director of Parks and Recreation,such amenities significantly reduce the demands for public recreational facilities to serve the development, the Director may recommend to the Advisory Parks and Recreation Commission that the amount of land to be dedicated for park, playground and public open space (or cash contributions in lieu of such dedication) be reduced by an amount not to exceed 25% of the amount calculated. y �� In review of the potential for parks dedication credit, staff has made several assumptions based on the needs of the parkland area. The first assumption is that the trail from Beaver Dam Road to Cliff Lake Road is bituminous. The second assumption is that all other proposed trails within Outlot A, B and the Highline Corridor are turf surfaced. Staff estimates the costs of these improvements as follows: - 200 Lin. Ft. Bituminous Trail at $8.00/Lin Ft. _ $ 1,600.00 - 1900 Lin. Ft. Turf Trail at $2.00/Lin. Ft. _ $ 3,800.00 - 2 Swimming Pools at $25,000/Each = $ 50,000.00 In consideration that the park system typically does not provide swimming pools, staff concludes that the benefit to the park system is minimal. The Commission may consider a 0-10% credit for the inclusion of pools within this development. The trailway improvements concur with the master plan and provides additional recreation opportunities within the Highline Corridor. Staff recommends that the Commission consider a 30-45% credit for those trails improvements. • Swimming Pool - 0% Parkland Credit $ 0.00 - 5% Parkland Credit 2,500.00 - 10% Parkland Credit 5,000.00 • Trails - 30% Parkland Credit $ 1,620.00 - 35% Parkland Credit 1,890.00 - 40% Parkland Credit 2,160.00 - 45% Parkland Credit 2,430.00 3. What is the proposals obligation for trails dedication? The planned development agreement was specific to the trailway obligation for the subject parcel. Trails exist along Cliff Lake Drive, Blackhawk Road and Rahn Road. The development is subject to the implementation of trailway in lieu of a cash trails dedication. An important trail link is the connection from Beaver Dam Road to Cliff Lake Drive. The developer indicates on the site plan this trail corridor. Staff recommends that the developer construct an eight foot wide bituminous trail from Cliff Lake Drive to the northern property line. The developer should also provide a 15 foot wide trail easement for this pedestrian corridor. 4. What is the proposals obligation for concurrence to the Water Quality Policy? At the time of this report, information was incomplete for staff to accomplish a comprehensive study. Staff will provide the Commission a short review at the March 7 meeting. A comprehensive review of water quality may occur at the April 4 Advisory Park and Recreation Commission Meeting. GIS 5. What is the impact of the proposed pond improvements within the Highline Corridor? The development proposes pond improvements within both the Highline Corridor and Meadowlands Park. Staff has evaluated these improvements in regards to the functional and visual ramification to the parkland resource. Pond A is located within the easterly portion of the Highline Corridor. The improvements include the deepening of the pond, the inclusion of an inlet and outlet structure. No shoreline improvement is proposed. Significant trees lie adjacent to the pond area. Based on the proposed H.W.L. the trees will be preserved. Staff concludes that there is no significant impact with the improvement of Pond A. Pond B lies within Meadowlands Park. It's park function provides for a future boardwalk and frog catching deck. The proposed improvements include increasing the depth to 6 feet at the north and south ends leaving it shallow adjacent to the boardwalk area. The improvements also include enlarging the shoreline allowing for additional storm water storage, also providing for an inlet and outlet structure. Staff concludes that the bottom and shoreline improvements do not impact the functional or visual aspects of the parkland pond. The inclusion of inflow pipe allows ponding recharge assuring water within the pond. Currently the pond will become seasonally dry. Pond AP-22 lies south of the access road into Meadowlands Park. The pond is characterized by a colonization of cattails. The improvements proposed for this pond include deepening, shoreline enlargement and the grading of a second pond cell south of the Highline trail. Staff has several concerns with these proposed improvements. The Highline Trail is inundated to a depth of 0.60 feet at the 100 year storm frequency. Staff recommends that the developer either revise the H.W.L. below the trail elevation or reconstruct the trail above the proposed 878E. The existing pond adjacent to the parks access could be improved to include both a shallow cattail area as well as open water. This diversity in pond habitat promotes wildlife and provides a quality visual consequence. The current proposal for open water does not provide these opportunities. Lastly, the south pond cell has a shoreline configuration which does not visually compliment the park corridor and does not represent a typical natural occurring pond. Staff recommends that the shoreline configuration be revised to provide a quality visual characterization of a typical pond area. 6. Does the proposal meet the open recreation space requirement? The proposal is subject to providing 45,800 square feet of open recreation space. The developer is requesting a variance to the ordinance requirement based on the following: The site is consumed with predominant areas required for ponding. The economics of the development does not provide for the removal of an apartment building to provide the required area. The developer is providing direct pedestrian access from the development to the abutting parkland property. The Highline Corridor and Meadowlands Park provide a diversity of recreation opportunities which could not be accomplished within the 45,800 square foot area. The Commission should provide either a positive or negative recommendation to this variance request. FOR COMMISSION ACTION The Commission may consider the following recommendations for Cliff Centre 3rd addition: 1. The developer receive no parkland dedication credit for Outlot C. The developer revise the plat incorporating Outlot C into Lot 2, Block 1, Cliff Lake Centre 3rd Addition. 2. The development receive parkland dedication based on the following: OUTLOT A Parkland Dedication Area above H.W.L. and below 12% slopes/ 0.60 acres at 100% dedication 0.60 Acres Steep slope area/0.26 acres at 20% dedication 0.05 Acres Ponding area No Credit OUTLOT B Area above H.W.L. and below 12% slopes/0.51 acres at 100% dedication 0.51 Acres Steep slope area/1.00 acres at 20% dedication 0.20 Acres Ponding Area No Credit PLANNED DEVELOPMENT AGREEMENT Ponding area/1.15 acres at 100% dedication 1.15 Acres TOTAL PARKLAND DEDICATION 2.51 ACRES ..)53 3. The developer pay a land to cash equivalent for 3.16 acres based on the Planned Development Agreement. 4. The Commission provide $ parkland dedication credit based on the following recreation facilities: • Two swimming pools • 200 lineal feet of 8 foot wide bituminous trails • 1900 lineal feet of 8 foot wide turf trails 5. The developer construct an 8 foot wide bituminous trail from Cliff Lake Drive to the south property line of the Highline Trail Corridor. The developer provide a 15 foot wide trail easement for this pedestrian corridor. 6. Allow the developer to improve Ponds A, B and AP-22 subject to the following requirements: • To either lower the H.W.L. of AP-22 below the Highline Trail or reconstruct the trail above the 100 year frequency elevation. • To revise the bottom contours of the north cell of pond AP-22 providing for open water and a shallow mudflat area. • Revise the shoreline of the south cell of AP-22 providing a visual quality characteristic of a natural occurring pond. 7. 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V`7•- ,71.` , . •--- 1,.- '. ,--..: '7t-'f--..: ..•- '7 , a; „y,...-T-N . . i „ .. / •-i). •• ; i eel. .A •'r z... /„./-•, 6.t. ..A". ....._.- ........,. _....** 1 ...• 15.'• - ' '''' ' 'h.! /•'•• jr - - LL .-.\* r-rri' l I ..,...... .____ ....., ___ .___. 'It LT-1...•.- --.1•■•; -..- . 4•-N________••• ' / ■ • . . __ , ...... ................. ...._ =---.... virr ..F,7.-.7-4--, -.:„...-4..7.4 - --,7?- ---- C6ft -,1, s.r... EXHIBIT C Intl ,....,,,■... • A Diem 71 d Cum% C.;I•ps:antrl r .,..F( 7 I R JP Park ,Wetlands /wow•••••• 1A .v.-..- L WEST Circulation Plan '....."701••••••=. awomals.1111■0 YOB :............ •..;To • • Manned Unll D•veioorrte n1 -...... RA 2 ACTNE PARK RP sPASSIVE P •jls Tote! krt.$Open Spoce Credited 32.6 sc. I/•••:71 04.••••••••r...-•.••••••••II or.a s*Istassas gar...los IIPM. lasei■r........Uminri........; r;)i •WIC 10.11•Inill WA., b...111.,tile•WS.SIAM We UM& EMI ........■......•,... ::::;............ -•- ......■•• ...mmmor ....■••■•........-- 1 N Uh ! : --Ni !-E 1• � j l l' r 13 a limgop., i 7r4Y-1 II '4-. _,5i g i . _...•■=iiiill ill k \ 1, A' iii -+ � i, - , .. 1 gf . i s , \�..t I . 1 iti .. -•„; /, ' ."0 ' r l F ,-�� , is .2 : � - i i - a � 1Wr• c& R�(L�_��( \1 (1 \ • '- st:_ ' \\4(3‘‘P •a■-•- -.. "� : - fir \\I / , / __ �h — -# y If #i j �/ l —iii \ \ p • • ' . 02/fj / .../ �. b,, ____./ .\�� • 111.\�'r/ //°e � \ , /- 1,� ''l i• 11 _ �1 \1�1� ; _ I JO ./ i ,, 7/ it \--,i . ,' 0,,,,,.."----t .------r\\-= l /// 1I i W;./ IJ,, \\ .r ` t.., J 1 f - t F i> >,1. Gib•-.../' / ' ' Hilyille-lirt-4-- 'r/' ,� ,� ice---1�-7,��) 'e , - _J ; _._) ),19,.. -* VI/f ,,/If k .4.... \ .....___ _\_,,,, . . . ,_. ,,1 , li.... : . , . .7, F. - , I ....._.s.:: ..7.......,.. ,..._,__ I '......-1vi / ..,,_.... , ___ . ,, , (;,.--,-;---<,-.---- ., -` II, 1— a i ....:,.. , (r ) ,-- ,-- , ....".. , c2z).,( van /, h r A. � j"� f' .. ,� - + -I "/ \ \ 4 lI .--------1 1 EH . , . "54 . FE $ -__ 6 - 91 WE•D „10 : 21 �► o. r. Lana D40 Corp ._ P . 0 • t SEW- TA111A February 5, 1991 Ms . Marilyn Wucherpfenning City of Eagan 3830 Pilot Knob Road Eagan, Minnesota U.S.A. 55122-1897 Dear Ms. Wucherpfenning: RE: CLIFF LAKE CENTRE - 3RD ADDITION Further to our submission for preliminary plat approval of the above noted property, we would appreciate your acceptance of this narrative, as part of the submission, which outlines the intent of the documents with respect to park dedication, ponding easements and trail dedication. Our review of the Eagan Hills West, Planned Development Agreement confirms that the subject property is required to contribute land or a cash equivalent of 5.67 acres for park dedication, that the trailway requirements have been met and that there are specific ponding easements required over Ponds AP-22, 23 and 24 . park Dedication The development concept for the project has grown out of the spirit and intent of the planned development and as required by it's totally consistent with the development agreement. The attached Exhibit 'V of the agreement confirms that the site is zoned high density residential, and that it was to give up part of the site (5.67 acres) to the adjacent parkland. The Highline Trail Park Corridor was to expand into the site, thereby softening its edge, to take advantage of the trees and hills as well as to expand the Meadowland Park precinct. • . • 2 RECEIVED FEB _ °l sue, vENtAN A DEVELOPMENT CORPOZ916 Grosvenor Avenue • Wiring•Morwobo R3M I44•(204 452.9503 _ FE - S - 91 WED 1 0 : 2 2 V e n t a n a Dab ." C o r ► P . 0 Ms. Marilyn Wucherpfenning City of Eagan February 5, 1991 page 2 The above considerations coupled with the requirements for extensive ponding led to our grouping the apartment buildings around the ponds and other natural features. This approach allowed portions of the site to be given back as park and in accordance with the intent of the preliminary plat. Also, it should be pointed out that the preliminary plat intends for these parks to be dedicated as land, for use as "passive park" and that 100% of Pond AP23 was included in the area of 5. 67 acres. It is with this agreement in place, that we propose the following park dedication of land, in lieu of cash. a) Outlot A - 100% dedication - 0.9 acres b) Outlot 8 - 100% dedication 2. 2 acres c) Outlot C - 70% dedication - 3.59 acres Total - 5. 69 acres ponding Easements, The above proposal would eliminate the requirement for pending easement over ponds AP 22 and AP 24. We indicate the line of the proposed ponding easement over pond AP-23 on the preliminary plat submitted. We look forward to favourable consideration. If there are any questions, please feel free to call me. Yours very truly, VENTANA DEVELOPMENT CORPORATION PER: 44A STIRTON, LARCH. , X.R.R.I.C. VICE-PRESIDENT JSS/fw Ff14 - 6 - 91 WED 10 : 22 V * ntana Dime . Cot- '► • P . 04 .• • ' ...1%` t i J, `•:ril .�.L∎�•r ' rte'/'" •, i. �• ' C ••' w `'• � /� • , 1 yl ' - ' t I� '' ' " or. ti,17y, ,,, e d' 1 i,• •; ,• j T�/ `' ,• •f.. 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'i J�., . •,., 1.■....g 1 • . • 'I . 1.. • •••y•'P 1.illitil 1 es,..., ` •■ :.• 1.d i-• '.1��••i •�~t+i /r.• '•1. 1.. t' • • , v ► . rM, x:1.1• • , � .�� • ' •�•''� 1 i X11• 1 1.4-'17.4r:- . . if 11�1 41•, ... �,• �l'.al��•��,�'�;`•.n.,•:,.1 r 00/5• : c ': f• � '` \ +' r ' i •1� . .r ,�. r . . y•< -.:s.4•-,-....„7,-..4.cifi:AlinZilfifieoe. :.;_,'-e.: "..." '-., ' " ' , , . nom mom. '1 1:,■''•'.. ',•11".d..... -:•.. ; \ i .. . 1/4■'..+7.1'i.j' Liii%4a,...,,iw ....r.- 7., ,,,-.- 1 I• • . ,•• .: • ; ,. .„r. , .. ......,,-,.. ,,,,,,,,o,..• x(1• . 'i 1;,�,•• __ . k.• 1' ...• I gib " ..11.01." my lice. ' � r A":f t; � l a r•�Y •••••• • 71 ,I l• ,.'• :• ` '_ : 1 :i. •.:rh '� a � •r 11�t 1 ;Al ,SAM ,•** Cl.P. 4 ft \*?..4,4,;,- , . - 17- lip■sleimias., ii.., „ :„. 4.4,0 ."/. 16/1—ii 111puliiiiiim 1 ilrg? ,,,,,-1r 44. *411■ , t f.. • .• ''' -s • 1 • •kir"' 11/. 1 ' II.'.Y.t?.•144.4 . ' -4i‘• .- 417f7.*4, . ' .i -.:4-/ °, :..11 .... w 6 :*441111T11.-1 -11111.re et ; $14,4% 't i -...p.,1%14..014.,--sr-rittlit - .e. rel )0. t■ 1. Iti, .- -‘.. ..,... ,..„, to 1111111ith ...# lea 1 ,,,, .„........_:._ ..- __, --.•-• -lg. , . - ,-,--1-" ......... , "Tr _ '• . '%'• ' • •4 ..1' :18 9 EXHIBIT B r Cwn'vCum.m.nin•n �:a, •"`5Q Sketch Plan [ a&\ -�"JJ - I.dZPlanned ur,n r • Low D imly Mesa/. is ...r.,ope11 •,• �' w•ww•C...•s U••,t•••..•.wM••+••••r• Mat = Modil • • ae. 4,,.,a• •' ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES OF MARCH 7, 1991 MEETING PAGE 3 CUFF LAICE CENTRE 3RD ADDITION Mike Ridley explained that this proposal is for a preliminary plat consisting of 208 rental apartment units on approximately 22.9 acres of previously zoned PD R-4 land. This site is located north of Cliff Lake road and south of Meadowland Park/Highline Trail. The plan proposes a total of 13 buildings consisting of 16 units each. The developer is proposing to dedicate ponding and park areas totaling approximately 5.7 acres for a net site area of 18.92 acres. The net building coverage of this proposal is 14% which is less than City Code allowed. The net density of 10.9 units per acre meet the density allowed in the R-4 zoning district. This proposal was continued from the February Advisory Planning Commission meeting and will appear again in March. Jim Stirton, Vice President of Ventana Development Corporation was present to further describe the proposal and answer specific questions from the Commission. He continued that the project was a 208 unit rental housing complex, 13 buildings with 16 units each with tuck under garages. The intent of this proposal was to tie together the concerns of the neighborhood, ponding, density and Parks and Recreation Commission. Mr. Stirton stated the intention was to have the site and PUD interact with the developed retail and residential area nearby. After the neighborhood meeting the primary concern appeared to be the buffering of the residential neighborhood from the buildings. In dealing with the park dedication issue the development proposed to dedicate Outlots A, B and C, however after staff had reviewed the dedication proposals they determined that Outlot C (Pond AP-24) would not be accepted as a dedicated parcel. Ken Tyler, 4346 Fox Ridge Court noted that he lived north of the proposed development and had attended the neighborhood meeting. He stated the plan looks like a reasonable proposal but expressed concern regarding the water level of Pond A which is south of the Highline Trail corridor and directly south of his property. Rich Brasch explained that originally Ponds A and B were tied together but the primary change that is proposed is to tie the ponds together slightly differently so as to expand the wet volume of all ponds. He continued that the object of routing storm water through Pond A first was to keep water in it more frequently. John Griggs asked why it was necessary to tie Pond A into the storm water system. John Wingard explained that due to the watershed area there has been some consideration given to excavating Pond A to increase it's holding volume. Ken noted that there is a storage issue at hand and the existing ponds have a significant bounce therefor some aftematives are being investigated. John Wingard stated that some of the ponds may change in size, depth and location. Lee Markel) asked how the vegetation would be impacted around Pond A. Rich Brasch responded that this pond would be the first pond for water to enter after coming from the freeway, however, he was unfamiliar at this time as to the specific vegetation around that pond and the impact of the run-off. John Wingard stated that there are some trees on the south side of the pond and they will try to save them, however depending on the total run-off into this pond the pond may expand to the open grassy area. Steve Sullivan outlined the issues for the Commission to review. Those included 1) What is the proposals obligation for parks dedication; 2) Should the development receive park dedication credit for on-site recreation facilities; 3) What is the proposals obligation for trails dedication; 4) What is the proposals obligation for compliance with the Water Duality Policy; 5) What are the impacts of the proposed pond improvements within the Highline Corridor; and 6) Does the proposal meet the open recreation space requirement. Mr. Sullivan continued that Outlot A contained a total acreage of .90 acres with .26 acres designated as steep slopes, .04 acres designated as pond acreage and .60 acres designated as area above H.W.L and below 12% slopes. Outlot B contained total acreage of 2.20 acres with 1.00 acre designated as steep slopes, .69 acres as pond acreage and .51 acres designated above H.W.L and below 12% slopes. Outlot C contained total acreage of 3.70 acres with .39 acres designated as steep slopes, 3.20 acres designated as pond acreage and .11 acres designated as area above H.W.L and below 12% vz; 14) - ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES OF MARCH 7,1991 MEETING PAGE 4 slopes. Based on no credit for ponding areas, 100%dedication of areas above the H.W.L and below 12% slopes along with 20%credit for steep slope area the total parkland dedication would be 2.51 acres; short of the 5.67 acres required according the Planned Development Agreement. The shortfall of 3.16 acres could be fulfilled by using a land to cash equivalent. Steve reviewed the parks dedication policy regarding credit for recreation facilities within a development and shared estimated costs of improvements that are proposed within the development. Estimated costs for 2 swimming pools was $50,000; 1900 lin. ft. of turf trails was $3,800 and 200 lin. ft. of bituminous trail was $1,600. Options were provided regarding various levels of credit for the Commission to consider if they chose to provide credit for recreational facilities. The development is subject to the implementation of trailway in lieu of a cash trails dedication. Staff has also recommended that the developer construct an eight foot wide bituminous trail from cliff Lake Drive to the northern property line along with a 15 foot wide trail easement for pedestrian corridor. The water quality issue had not been completely analyzed for the Commission to review. It is anticipated that a more comprehensive report will be available at the April 4th meeting. In reference to the impact of the proposed pond improvements within the Highline Corridor, Steve stated that during a 100 year storm Pond AP22 would be at a level to flood the trail. He noted that either the trail should be elevated or the pond elevation be lowered. Steve indicated that the developer is requesting a variance to the 45,800 square feet requirement for open recreation space based on the fact that the site is consumed with predominant areas required for ponding, it would not be economically feasible to remove an apartment building to provide the required space,the developer is providing direct pedestrian access from development to the abutting parkland property and the Highline Corridor and Meadowlands Park provide a diversity of recreation opportunities that could not be accomplished within the square footage requirement. Shawn Hunter expressed concern over the southeast corner being zoned commercial and questioned how people would gain access to Meadowlands Park. He also suggested that consideration be given to requesting, as part of the recreational open space, a'grove of trees'located on the west side of Pond AP-23. Further discussion indicated that this site could be developed to a total of 370 units, however the developer has downsized the development to include a total of 208 units. Mr. Stirton indicated that in order to provide this grove of trees as part of the open recreational space would require the elimination of one of the buildings which would be financially prohibitive from a development point of view. George Kubik noted that the Commission has not provided credit for swimming pools in the past since they were not an amenity to the community as a whole even though the provided recreational opportunities within a development. After further discussion, George Kubik moved, Shawn Hunter seconded with all members voting in favor to recommend the following: 1. The developer receive 3.1 acres credit for Outlot A and B to be dedicated to the City for parks purposes. 2. Proposed Outlot C - Pond AP-24,will not be accepted for parks dedication. 3. Eagan Hills West planned development be required to pay a cash to land dedication for the difference between the 5.67 acres required and the 3.1 acre dedication. 4. The developer construct an 8 foot wide bituminous trail from Cliff Lake Drive to the south property line of the Highline Trail Corridor. 5. The developer shall provide a 15 foot wide trail easement for this pedestrian corridor. D-3 ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES OF MARCH 7,1991 MEETING PAGE 5 6. To allow the developer to improve upon Pond A and B and AP-22, subject to the following requirements: a Either lower the H.W.L 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 for wildlife. b. To revise the south shoreline of the south cell of Pond AP-22, eliminating the lineal channel. 7. To provide positive recommendation for the variance request to the recreation open space requirement with the modification that the tree stand to the west of AP-23 be considered as recreational open space with the location and size to be worked out with staff. Agenda Information Memo May 23, 1991, City Council Meeting ::ADDIT OVAL APPROVE PLANS/ORDER AD FOR BIDS (ELRENE & TRAILS END RD) A. Contract 91-03, Approve Plans/Order Ad For Bids (Elrene & Trails End Road)-- Simultaneous with the preparation of the revised feasibility report for Project 587R,detailed plans and specifications were completed to reflect the changes necessitated by the recent development of adjacent property. If Project 587R is approved previously on the agenda for public hearings, it would be appropriate for the Council to formally approve the plans and authorize their advertisement for formal bid solicitation. Again, staff will be available to address any questions or concerns pertaining to the proposed improvements. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 91-03 (Elrene & Trails End Road - Streets & Utilities) and authorize the advertisement for a bid opening to be held at 11:30 a.m., on Friday, June 14, 1991. AUTHORIZE NO PARKING SIGNS - ASHBURY RD (ai) BLUE CROSS RD B. Authorize No Parking Signs - Ashbury Road @ Blue Cross Road--Enclosed on page is a letter received from neighboring property owners requesting consideration for the installation of No Parking signs on Ashbury Road near the intersection of Blue Cross Road adjacent to Sky Hill Park as referenced on the map enclosed on pager)?/6 With no restrictions for on-street parking on either side of Ashbury Road, there is insufficient width to accommodate two-way traffic movement in a safe manner. It also creates sight obstructions at the intersection. After evaluating the situation, staff is recommending that "No Parking This Side" be installed along the north side of Ashbury Road from Blue Cross Road to the eastern limits of Sky Hill Park. In addition, it is recommended that "No Parking This Side" also be posted for the south side of Ashbury Road from Blue Cross Road to approximately 150' east. Staff would also like to receive some general direction from the City Council as to whether specific individual parking restriction requests can be reviewed, evaluated and authorized by the City Engineer or if each request should be presented to the Council for formal action. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize staff to restrict parking on Ashbury Road from Blue Cross Road to the east as necessary to provide safe traffic movement. Cpl April 4, 1991 CITY OF EAGAN 3830 PILOT KNOB RD EAGAN MN 55122 Ali NTION: TOM COLBERT Dear Mr. Colbert: We would like to request that "No Parking" signs be installed on Ashbury Road near the intersection of Blue Cross Road. Residents are not using the parking lot for the park; however are parking on the road and creating a hazard as it is nearly impossible to drive along Ashbury Road when cars are parked on both sides and deters vision when entering onto Blue Cross Road. Any consideration you can give to this matter would be appreciated. Thank-you. Sincerely, tcickai Dick & Jan Severson 1620 Blackhawk Lake Drive Eagan, MN 55122 J 27)rx, Divrtzi & Linda Fink 3704 Blackhawk Lake Court Eagan, MN 55122 a/6 / ' .d °o 0,y • -- 4 1)r I V 111 • V 4J 1 o*) 2 ()I 43'.-Y9___---._.__- . - — • • m, « M/MNESoT . /4'4i...1 ,o/ TAz SE,- • •"J • I .f% o y p o,*,. i'.. CJ T(,s S, qV 47 1. J• s90 • lif NJ *33� 9s ; ROAD r, ,L 1 204 Jr• 1\ph do P�R� S.B9°SS'3S"E.itif �,� CORaER To MERE c '.� m a �,`,� ti° SKY MILL PARK Ill F 0 ' , N VI . 89654'16"w.(7) .0 /s•A i.e— 99e. 7 y�1 � • itf . ..... ....... .me iIO . 72907� ' 16 ' it ..y • 4 ki 7 4 S 4 1 e / o 000°-‘4 Z • Y.a �4� C 'E.r7- oCiOOE L ANA"010'7 8 •• 1�s r s.o ye .#� 4 Jr�if a 7� �, t ,* l / Q MINUTES OF A REGULAR.MEETING OF THE Eaga Minnesota May 7, 1991 :::::::. .•.•.•.• A regular meeting of the Eagan City Council was held Tuesday,May 7,1991,at the Eagan Municipal Center. Present were Mayor Egan and CO11**pipbers:10iiiclier, Gustafson, McCrea, and Pawlenty Also present were City Administrator Hedges, Commuigy brekipment Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. Wl;f4 City Administrator Hedges pointed:Okilia(0.041itional:item under Department Head Business would be considered: Finance Department/1991:EiMiiiiiii(Oiiiitii4:::: It was staffs recommendation that Item B,Public Hearings.Project 589R,Elrene and Trails End Road- Utilities and Street Reconstruction be continued to the May 43991 regular City Council meeting. •••.:.• •:•:•. ,•:•:•:::•:•: • In addition, Item E, Old Busine ::Oiiiiiiinc.e*::Airit6itiiient Regarding Tobacco Products was also recommended for continuance to the June 4, 1991 regular City Council meeting. City Administrator Hedges said, however, that the City Council may wish to vote to see if there was a consensus to continue or whether there was interest in the audience or among the City Council to discuss it at this meeting. Pawlenty moved,Wachter seconded a motion to approve the agenda for the May 7, 1991 regular City Council meeting as amended. Aye: 5 As a separate action, McCrea moved, Gusiafi6ii*O.iided a motion to continue to the June 4, 1991 regular City Council meeting, Item E, Old Business, Ordinance Amendment, City of Eagan,Amending Eagan City Code Chapter 6,Entitled"Other Business ROgulat1o**.4.iiiiimsing,"by Amending Section 6.34 Regarding Tobacco Products; and by Adopting by Reference Eagan .code Chapter 1 and Section 6.99. Aye: 5 Nay 0 MPIT4 Councilmember Pawlenty recommended the following changes to the April 16,1991 regular City Council minutes: Page 8, paragraph 6, sentence 1d regulate political signs in other manners. He suggested that the City consider adding POitical sigliS::.as part of the proposed ordinance changes" City Attorney Sheldon recommended the following chanii4: Page 6, paragraph 5, last sentence should be stricken. Page 6, paragraph 6, sentence 1,add the words'consideration of' after the word"meeting," Wachter moved,Gustafson seconded a motion to appro4:*e minutes of the April 16,1991 regular City Council meeting as amended. Aye: 5 Nay 0 Gustafson moved,Wachter second0.***:::*.optiv"":50e minutes of the April 23,1991 special City Council meeting. Aye: 5 Nay 0 Councilmember Pawlenty recommended the following*lige to the April 9, 1991 special City Council meeting minutes: PAGE 2/EAGAN CITY COUNCIL • May 7, 1991 :•:•:-:•:•••:•:•:•:•:•:•:•••:-:•:•:-:-:•:•:•:•:•:•:•:•:•• :•:•:•:•:•:::•:•:•:•:•:•:•:::-:•••••••••••••••••••:-:•:•::: .•.•.•.•. :::•••-: ::::•:•:: Page 3, paragraph 3, sentence 5.;::aange "would suppoii regulation" to "would consider supporting regulation." ."• McCrea moved, Pawlenty seconded the minutes of the April 9, 1991 special City Council meeting as amended. Aye: 5 Nay: 0.••••••••• •:•:•:.•:-. McCrea moved, Pawlenty seconded a motion to approve the minutes of the April 2, 1991 special City Council meeting. Aye: 5 Nay: 0 Pawlenty moved,Wachter secondecl:iii*W4ii;i•4iiriii :i,ie minutes of the March 12,1991 special City Council meeting. Aye: 5 Nay 0 .•.•.•.•. •:•:•:••.• PP.4g1WPIPONOINM FINANCE DEPARTIONT/101:,EQIIIPMENT CERTIFICATES •• • City Administrator Hedges said the Legislature is considering, as a part of the tax bill, legislation that would require cities to deduct any payment for debt outside the general levy as a part of the general levy beginning in 1992. He said this had raised concerns regarding any special levies for equipment certificates as after May 20,they would no longer be permissible. Mr.Hedges said there is an important need at the municipal center for a new telephone system and would:fike to add a provision to the equipment certificates for acquisition of a system to replace the existing telephone system. The City Administrator said authorization would also be needed to negotiate a certificate sale with a financial institution He went on to add that if a special levy is authorized, a May 20 deadline would have to be:met. . . ••:•:::: Wachter moved, Gustafson seconded the private placement of an equipment . . certificate sale with a local lending institutico:*:.the:iiiiiiiint of S600,000. Aye: 5 Nay 0 • • ACKNOWLEDGEMENTS Assistant Finance Director,Ken Damlo,and Police Operations Captain,Ken Aszmann,were recognized for temporarily assuming the duties of the Director of Finance and Police Chief, respectively. :.:.•.•: ::: PLiOlg.1•00•140*.:$00ETY Mayor Egan acknowledged receiving a plaquiii appreCiap.."-on for active and cooperative participation in the Minnesota Valley Humane Society of Dakota Oiiiiinty. ....•.•. PLAQUE/DAKOTA COUNTY Mayor Egan acknowledged the receipt of a plaque from Dakota County recognizing the recycling efforts of the residents of Eapn. For 1990,5840 tons of various materials were recycled in the City. In regard to Consent Agenda,IteniA1:00004:0.:00t.Ofed Equipment,the City Administrator said that on the advice of the City Attorney, of the Kettle River and Kerrick Fire Departments for any liability in the operation of this equipment.,...:::.: :•:•:•:•: PAGE 3/EAGAN CITY COUNCIL MINUTES May 7, 1991 A. Personnel Items Item 1. Seasonal Utility Maintenance.Workers—It was;:recommended that the hiring of George Scott, Derrick Sharpe and Darren Wilke as ScasooaIt3 Mamtei ice Workers be approved. Item 2. Seasonal Street Maintenance Worlier-It was recommended that the hiring of Jamie Witt as a Seasonal Street Maintenance Worker be approved. Item 3. Resignation/Munidpal Center Receptionist—It was recommended that the resignation of Kimberly Rau, full-time Receptionist at th ::Mua,'s:' . ::Centex.:pc:accepted. Item 4. Resignation/Police Officer,PromotioO/Poiice Ober and Hiring/Community Service Officer— It was recommended: 1) that the resignation of Police Officer Curtis Sisco be accepted effective July 3, 1991; 2)that John Sexier II be promoted from Communi . tvnce Offi4i:to Police Officer,and 3)that Kyle ki �'......� ) yl Kaszyns be hued as a Community Service Officer subject:;tee.iiit cessful::ci>nipletion of the City's psychological, medical and drug testing procedures. • Item 5. Interim Hirings—It was recommended that the hiring of Erick Tubbs as a Seasonal Parks Maintenance Worker and Jeremy Klotz as a Seasonal Street Maintenance Worker be acknowledged. B. Plumbers Licenses It was recommended that the following Plumbers Licenses be approved: 1) A-Aaron's, a Division of Waste, Inc;2)Leon Duda Plumbing Service (Also a Wate•:Softener license);3)Neu Plumbing;and 4)William F. Ridler Plumbing and Heating. ............. C. Tree Maintenance Contractor Licipse It was recommended that a Tree Maintenance Contractor License be approved for Henning and Rhode Associates. D. Extension. Provision of Facility for American Legion Post It was recommended that an e:8traingemt t by which the American Legion post utilizes City facilities for monthly meetings for an additiorial'`siiPiitotitths'1ie approved. E. Declaration of Surplus lltniuest talioaate Outdated Self-Contained Breathigg ARteerntus (cc'AB) to Kl*4 River and iarkek Fire; : It was recommended that the declaration of surplus property and donation of the surplus self-contained breathing apparatus to the Kettle River and Kerrick Fire Departments be approved. In addition,a waiver will be requested of these Fire Departments for any liability in the operation of this equipment. It was recommended that an amendmc$.:to.tbc.•. s.fee schedule establishing a $10 fee for public fingerprinting be approved. .• PAGE 4/EAGAN CITY COUNCIL MINUTES.................,::,.... May 7, 1991 G. Accreditation, Eagan Police Department Formal VW'fthidrawal from Program It was recommended that the formaal':*ithdrawai from:* police accreditation program for the Eagan Police Department be approved. • H. Waiver of Plat, Mark Calvin. Duplex Lof Split to Allow Individual Ownership of Lot S. Block 1, Oakwood Heights 2nd Addition It was recommended that the waiver of plat/duplex lot split for Mark Calvin on Lot 5, Block 1, Oakwood Heights 2nd Addition, be •Annroval Final Drag. 1991 ComneYhensiyi I. e Sewer• •It was recommended that the final draft of the�I991 Comprehensive Sewer Policy Plan be approved and its distribution authorized to regional agencies for firmal.review and comment. J. Project 613.Receive Feasibility Report/Order Public Hearing(Willbrook Addition-Streets&Utilities). It was recommended that the feasibility report for Project 613(Willbrook Addition-Streets&Utilities) be received and a public hearing scheduled to be held June 4, 1991.• K. Proiect 584. Receive AssessmenI Roll/.Order Public Hearing (Rahn Road Reconstruction). • It was recommended that the final assessment r .. Project 584 (Rahn Road Reconstruction) be approved and a final assessment public hearing Scheduled to :held June 18, 1991. L Project 578.Receive Final Assessp it::Raii/Otiler Public Hearing(Sibley Terminal Industrial Park - Storm Sewer) It was recommended that the final assessment roll for Project 578 (Sibley Terminal Industrial Park - Storm Sewer) be approved and a final assessment public hearing scheduled to be held June 4, 1991. M. mix. 14 A. _ ,_, 1% _ - '__A • JAL, Sewer) It was recommended that the 3rd and final pay request for Contract 90-14 (Stafford Place - Storm Sewer) be approved in the amount of S4,25L19 and Icceptance'for perpetual maintenance authorized subject to contractual warranty requirements. N. 't ? �!u it a !�� S� • L- z.1,,.. Addition - Utilities) - - It was recommended that the 2nd and final pay request.for Contract 89-22 (Hills of Stonebridge 2nd Addition - Utilities) be approved in the amount of S1.1,846.60*, acceptance for perpetual maintenance authorized subject to contractual warranty requirements. It was recommended that the stipulation for settleme*:::4 regiment for assessments associated with Project 466 as it pertains to parcel #10-16400.082-00 (Hope) fi>iiI the Mayor and City Clerk authorized to execute all related documents. PAGE 5/EAGAN CITY COUNCIL MINUTES May 7, 1991 P. Contract 90-17. Approve Chin* Order#1 (WelliV and #4 -Pump Repair) It was recommended that Change{ rder #1 to Cont.0:190-17 (Wells #3 and #4- Pump Repair) be approved and that the Mayor and City Clei* a authorized.ta;t#ccute all related documents. Q. Project 601.Authorize Feasibility Reioibit:(f ante Oak Road and Lexington Avenue$jgaaliution and Intersection Improvements) It was recommended that the feasibility report for Project 601(Lone Oak Road and Lexington Avenue- Signalization and Intersection Improvements).&approved,........... R. Contract 90-13. Approve Change Ordeta j1EJ [EQ•eie::Addition - Storm Sewer) It was recommended that Change Order *:1::lo Contract 90-13 (Effress Addition - Storm Sewer) be approved and the Mayor and City Clerk authorize to::executei:al::related documents. S. Final Plat. Finaserve Additions It was recommended that the final plat for Finaserve Addition be approved as presented. Gustafson moved, Wachter seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 PCIRLICiittiONOS PROJECT 610/OARS4.::RR.iDGEWAT'ER 2ND ADDITION Mayor Egan introduced this item a :Project 610,Oaks of Bridgewater 2nd Addition(Streets&Utilities). City Administrator Hedges said that the feasibility report for this project was received at the April 2, 1991 regular City Council meeting and a public hearing scheduled for May 7. Director of Public Works Colbert said the project involved only one development and the developer has waived his rights to a public hearing. No one was in the audience to address the issue. McCrea moved,Gustafson second iO:.e iie:lrhe,public hearing and approve Project 610,Oaks of Bridgewater 2nd Addition (Streets & Utilities). Aye: 5 Nay::•:1) PROJECT 8891tALRENE*OAD Mayor Egan introduced this item as Project 589R,Elrene Road(Streets and Storm Sewers). He went on to say there was a request before the Council for continuance; however, he was aware that Mr. Bob Engstrom, developer of the Woodlands North Addition, wished to speak to the Council. Mr. Harry Gallaher and Mr. Steve Bryant, representing West Publishing, were presott.:to answer any questions. A representative of the Woodlands North did not come forward to address the kit*. Gustafson moved, McCrea secondni4:.*:44:44::0004 to the May 23, 1991 regular City Council meeting the public hearing for Project 589kl t fieltinif(Siiiiii is& Utilities). Aye: 5 Na y. 0 PAGE 6/EAGAN CITY COUNCIL MINUTES ..............:.. ............................. May 7, 1991 PROJECT SOFINAL ASSESSMENT HEARING CEDARVALE BOULEVARD RESURFACING Mayor Egan introduced this item as:! iQjcet..546,::. nal:Assessment Hearing (Cedarvale Boulevard - Resurfa ' The Mayor then asked if an waS.....::ieliudience to address the item and no one came Resurfacing). Y Y��.�.:.�...... forward. Director of Public Works Colbert said the final assessment roll for this project was presented to the City Council at the April 2, 1991 regular City Council meeting. He said all notices had been published and sent to the affected property owners. He said no objection had been received to date. Gustafson moved, Wachter secon4 ::a::motiit t.:to::clo ::the public hearing and approve the final assessment roll for Project 546 (Cedar vale:Boiilevadd:: Resiirfaci ) and authorize its certification to Dakota County. Aye: 5 Nay: 0 . PROJECT S24/FIN4`ABSESSME Ti'HEARING Joi :CAKE:RIDGE:ROAD Mayor Egan introduced this item as Project 524,Final Assessment Hearing,Johnny Cake Ridge Road. He said it was staff's recommendation that the final assessment public hearing be continued to the June 4, 1991 regular City Council meeting. Pawlenty moved, Gustafson seconded a motion to continue the final assessment public hearing to June 4, 1991 for Project 524 (Johnny Cake Ridge::Rbad),..Aye: 5 Nay: 0 BL.ACRHAWK:PARR:IMPROVEMENTS After brief introductions by Mayitt : ga;i'and City Administrator Hedges, Director of Parks and Recreation Ken Vraa outlined the plan foie the Blackhawk Park improvements. He said the original plan was for much more development in the park,but those plans had been scaled back in response to meetings held with residents. Mr. Vraa said the City had hired Mr. Pat Jostad, an environmentalist, to assist in the development of the park. Mr. Vraa then went on to explain the plan in detail with additional explanation regarding traffic, water quality,reforestation,and direct access off Doerwc9d Dr.ive..In answer to a question from Councilmember Gustafson, Mr. Vraa said the pavilion woiild:be::a:multt.:14.0i on similar to the one at Trapp Farm Park. Also, he added that a design had not been't'stablis6ed.for'tilt'shelter building but the footprint used on schematic drawings was to indicate size only In regard to sar.itening between the park and the homes on Riverton Avenue, Mr. Vraa said staff would be bushing a landscaping happy: work :the residents in eats plan. : Mayor Egan then opened the discussion to public comment. Mr.Tim Lano,of 1632 Hawk Place,and representing ins for a Better Blackhawk Park,asked that the City Council consider the following: 1) direct access to the parka He said if that could not be worked out, then a T-intersection or another workable akernative for the parliaoceas road off of Murphy Parkway should be explored,2) that the one large pavilion be scaled down to two;::sixommodating'75 people each,or three,for and 3) that a fence or tree buffer be 25 people each, and that common fac�tiea;.lr.:ns�: acNt::pes�le, ) placed between the yards and the park aociagt f:'cl :tl :?.ithvvay- Councilmember McCrea asked Mr.Lano if the neighbokS7>Ad agreed to accept a fence as a barrier and Mr. Lano said that a barrier would be needed of some sort,bueiliic neighbors would prefer that the street be moved over by 20 to 25 feet because the blacktop would come right up to the back lot lines. f r PAGE 7/EAGAN CITY COUNCIL MINUTES ..•..............•.... • May 7, 1991 Mr. Bill Griffith,of the Larkin,Harman,Daly and Lindgren law firm,and representing the Blackhawk Park Association,said very few concerns of the residents had been addressed. Mr.Griffith said the Association he represented was requesting that the pavihos a be reduced*accommodate 125 people and the parking area reduced accordingly, that the warming house: :moved..to the bottom of the hill, that the City commit to the landscape plan with the residents and that both liiog:JAts'be reduced by half. Mr.Jeff McDonald, also working with the Blackhawk Park Association,said they were not opposed to retaining all buildings except the warming shelter. He said in keeping with a greater privacy level for the neighbors,all intensive uses of the park should be placed in the"hollow"area of the park. In addition,all levels of adjoining homes should be buffered from:tliee:p irk:ep:its.Us1s;: Mr. John Epple, of 3856 Riverton,said the on 144rton were built long before Blackhawk was designated a community park. He said he had attended every meeting regarding the park and had made every effort to express his concerns. Ms.Ellen Engquist,3840 Riverton: veiiiie,said'1rer:1;•c+nie was next to the west access to the park. She said she thought the park was originally designated a neighborhood park,but that designation had changed. Ms. Engquist said she had taken an informal survey of those using the park and not one of the 500 residents surveyed wanted the park developed to,this magnitude. Ms. Lisa Rodysill, of 3838 Riverton Avenue,said she is trying CO sell her home and development of the park will affect its value. Ms.Rodysill expressed het..opposition to the size of the pavilion and the accompanying parking lots. She said nothing the neighbors'wanted:hd:.been taken into account. Mr. Rick Day, of 1621 Murphy Parkway, complained:off incomplete staff work. He expressed his opposition to a retaining wall near the Murphy::Parkway.:a ss:iwinch he believed would create a dam in his backyard and cause flooding of his property.•:::hle:idssi:hiked that the park not be used any later than dusk and that alcohol use be prohibited in all Ms.Val Schaff, 1632 Blackhawk Lake Drive,presented a petition from her neighbors. She said she had collected 281 signatures in support of the trail system including the foot bridge for the Blackhawk Community Park. She was concerned that problems with other areas of the park would hold up development of the trailway and bridge system. Mayor Egan asked Ms..$cbaf!w ribere.were concerns in the community that the park would not be developed. Ms.Schaff said shti:di nolt:goi�:t#at:anpression but did believe that disputes could hold up the trail and foot bridge. Mr.Ted Royster,of 1589 Murphy Parkway,expressed cooctrrns regarding the park access and the safety of that access. He said that residential streets and large groups:iittg the park were a bad combination. Mr. Gunnar Isberg,of 1528 Blackhawk Ridge Court,said he did get the impression that the neighbors did not want anything developed in this park He commended staff for doing an outstanding job in respecting the natural resources of the area He said he did understand the concerns of the neighbors,but the residents to the north of Blackhawk Park were mainly concerned about access to the park Mr.Dennis Anderson,of 1606 Murphy Parkway,said thif'the Parks Commission had not done enough to acquire direct access off Deerwood Dr ies::;t.M : .:wooer}:be:the only community park is Eagan without a major road access and the only community: :0 *,SCS O tqa sides. He too asked that a T-intersection onto Murphy Parkway be constructed if access to the park could not be changed. He said he wanted the park to remain passive and any development should be downsized. :::: PAGE 8/EAGAN CITY COUNCIL MINUTES May 7, 1991 • Mr. Mark Parranto, of 3537 Lake�Park Drive, said he hAd:lived in Eagan since the mid 70's. He asked that the City Council not vote only on what.was heard tonight,but vote for the people in the City who were not in attendance. Mr.George Bohlig, of 1680 Blackhawk fi C :$poltt'iin•favor of developing the park. He acknowledged that a buffer would be needed on the western edge of the park,however,acknowledged that the parking lots would have to be sized to accommodate those who wished to use the park. He said a lot of effort had been put into the development of the park over the years and supported its development. Ms. Marty Welsh, of 1597 Murphy:ParOray;::said.not.unpugh effort had been put into obtaining direct access to the park. She went on to say that if:tairk:neCeiiiiiiitaiths pith it was and someone was hurt, it would be the responsibility of the City Council. Ms.Welsh also.pninted out:that an unpatrolled park is a breeding ground for mischief and recommended that it be closed at dusk. Mr. Ken Iscbe, of 3881 Palisade Way.,said.be hiad:two:concerns, one regarding access to the park and the other regarding the privacy of those iaxirtiately adjoiupzg:the park. After everyone was given an opportunity to speak,Mayor Egan dosed the hearing to public comment. Councilmember Gustafson pointed out that alcohol in the park,the hours of access to the park and noise in the park were all concerns, however, control of those issues would be related to policy, not to the plan to develop Blackhawk Park. The Councilin ber. also said that safety was a top priority of every City Councilmember and added that other neighborh.tit#s:in:the.City experienced much higher traffic counts than that which would accompany development of BlackhaVkPaik.::::Ctitindlmember McCrea said that those parks with inadequate parking and where parking on the street is a common:.occurrence,would seem to have a higher risk factor. She said she was concerned that adequate:par ipg:be provided in the park so that parking in the street was not necessary. In answer to a question from the City Council, Director of Parks and Recreation Vraa discussed the number of police calls to each of the parks that have a pavilion. In the period from March 1990 to March 1991, Thomas Lake Park had 28 police calls,the most frequent of which were three calls relating to snowmobiles and three to suspicious activity. Trapp Farm Park in the same period had 76 calls to the Police Department, 14 of which were for miscellaneous information. Councilmember McCrea then turdccf tie discitssn'to tleoogoing maintenance costs of this park. Park Superintendent John VonDeLinde said Blackhawk Park:currently::costs$4,500 per year to maintain. He said at build-out,they estimate the 16 facilities that will be devt tiped in B a khawk Park will cost approximately$32,000 per year He said translated into tax dollars would mean a hom:with an$80,000 market value would pay an increase of 44 cents per year in property taxes. Mr.VonDeLinde acrid maintenance costs for the shelter building alone would come to approximately$4,600 per year. Discussion of how Blackhawk Park fits in with the overall Comprehensive Park Plan then ensued. Director of Parks and Recreation Vraa said that Blackhawk Park would be the last of three community parks. He said this particular park would satisfy the facilities needSlOi. the western portion of the community. Questions were then raised regarding funding and the balance&:tbe park site acquisition fund. Director of Parks & Recreation Vraa said the cost of this a..W be approximately$900,000. He said the . 1 .:.' .. from the sate acquisition fund City had applied for a grant totaling$140, :.*(hn::.4.0043 l;iComing park acq which currently has a balance of approximately 31;1100;000: Inc said because the park is not developed over one year but rather a one to four year cycle, funding for the park"Al come from the site acquisition fund over the next four years. Councilmember Pawlenty asked if money to t*ipark site acquisition fund slowed down with development,whether there would be a sufficient balance to finance other park projects in the City. Discussion PAGE 9/EAGAN CITY COUNCIL MINUTES .............•.•.•... May 7, 1991 • then turned to the size of the pavilion and tether or not a con'iiiiation of warming house and pavilion would be appropriate. The point was raised that:;perhaps it would be.,inappropriate to fill all pavilion needs for the remainder of the City in one park. Direct:vf Parks & Reim Vraa said the issue of location of park facilities was important. He said I-35E is a' .ta,the:ipi gipoivaity and there currently is no pavilion space on the west side of town. Also, he said his de aiii be 001d:1ooked at combining the warming house and the pavilion, however,when they met with the neighbors,'the neighbors indicated they wanted multiple accesses to the park as well as access to facilities from each activity. Mr.Vraa then explained how the location and facilities for each activity are arrived at. The Council then discussed the th0.0.:ijgi :th49' *o be central to the discussion of Blackhawk Park. If the size of the parking lots are rediuced,line*ere cottoarna that overflow parking would be along City streets. In addition,it was pointed out that providing.parking space*does not mean all will be used at all times. It was generally feh that the options would be better fiandled if the.pavilion and the warming house are kept as separate facilities. The size of the pavilion was als9 discussed,**ever, in the final analysis it was determined that a park this size should not have a pavilion.:that?is.`too;small :'Mayor Egan asked whether any additional attempts had been made to negotiate a sou er.:'access'.to :park through the Leo Murphy property. Staff responded that even if a road were built through the Murphy property,it would still go through a neighborhood. In addition, there are topographical constraints which would dictate that this access stay on the upper ridge. That in turn would create the necessity to built one large parking lot on the ridge. In answer to a question about other uses for the warming house,staff said it would be used for the Summer in the Park program,picnics,etc. Mayor Egan asked if the pavilion was constructed with the ability to expand at a later date,from a construction and cost standpoint, would it be feasible :Di ector of Parks & Recreation Vraa said an addition was not impossible and could be provided for during'tfie design phase,however,it would be more expensive to add on The same question was asked about the parking lot and:Mr.Vies said that too could be done,however,would be more expensive to add to later. When asked about the community needs for a pavilion,Parks Superintendent VonDeLinde responded with the results of a reg onal.aaummary of'pavilions in comparable sized communities. The summary showed a deficiency in spaces,if:a:paviiioni was not constructed in the '90s. • Wachter moved, Pawlenty seconded a motion to support the recommendation of the Advisory Parks, Recreation and Natural Resources Commission for the development of Blackhawk Park without modification. Mayor Egan explained the uses as presented in the City plan as consistent with community needs and further that the passive nature of the park.Weld.have..ths..lowest zoning impact on the community. He recommended an amendment to indude gates for et�#t:p ittsiiice. Aye: 5 Nay. 0 RECONSIDERATION/TRl<H TT LONE OAK CHURCH WAIVER OF DEVELOPMENT FEES Mayor Egan introduced this item as Reconsideration of a Waiver of Development Fees for Trinity Lone Oak Church Expansion Remodeling. Mr. Martin Schutze, representing Trinity Lone Oak (ail , said that after the request for waiver of development fees was denied at the December 18 regular(Sty eiiiicil meeting, representatives of the Trinity Lone Oak Church sought legal advise r egardna ;thik:d t.::::Mr.:.Schutze said their attorney questioned the legality of the City's action in this case. had met with Director of Community Development Runkle and had received a letter ind .that if the church would agree to plat the property, the development fees would be waived. Mr. Schuetze said they:would agree to those conditions. PAGE 10/EAGAN CITY COUNCIL MINUTES.•••••••:•••••.•:•:• May 7, 1991 Pawlenty moved,Egan seconded aa:motion to reconsider::a:request by Trinity Lone Oak Church to waive fees associated with the official platting of:the church property.:.:Aye: 5 Nay. 0 Concerns were raised regartfeag the p :bei **,`;however,Director of Community Development Runkle said they had done a survey and fees 1 :frtci :vyrhived for some of the existing churches. In addition, he said any new church would go through the platting process. In answer to a question from Councilmember Pawlenty as to which fees would be waived, Director of Community Development Runkle said that any area assessments or connection charges other than those for a building permit would be waived,however,all staff time or attorney time for the development agreement,etc.would be charged against the project. City Administrator Hedges said the escrow account would reimburse::any:of.the:ogt -pocket costs to the City. Pawlenty moved,Egan seconded a motion to:npprove the;request to waive certain development fees for Trinity Lone Oak Church. Aye: 5 Nay. 0. AMENDMENT/CHs PTER.:11:PAWN SHOPS • Mayor Egan introduced this item as an amendment by the City of Eagan to City Code Chapter 11,Land Use Regulations (Zoning) to Allow Pawn Shops as a Permitted Use in Retail/Commercial Zoning Districts. Director of Community Development Runkle said the issue had been reviewed by the Advisory Planning Commission and it was their recommendation that the City Code, Chapter 11, Land Use Regulations be amended to allow pawn shops as a conditional use in general business districts and as a permitted use in community shopping center districts. He said:tlin:APC had added an additional condition that no outside storage would be permitted. Councilmember Gustafson asked if an applicant met.the::conditions whether the conditional use permit would then have to be approved. City Attorney Sheldon::said:that the conditional use permit ordinance is fairly general but does allow for the addition of conditions»Re.said conditions could be added that would protect certain areas, such as a requirement that:: is ype of business must be a certain number of feet from any residential neighborhood. However,he added that conditions placed on the approval of a conditional use permit must have some reasonable relationship to the use that is intended. Mr. Brad Rixmann said it was his intent to use a building he owns in the Cedarvale area for this pawn shop. He said it is in a general business.area.and.a.conditional.use permit would be appropriate because it would take the pawn shop away from residue:areas=::: n said he had visited other owners in the Cedarvale area and they were not opposed to a pawn sliop..:.Mi:.ltii mann said they have owned the building for fourteen years and have been unable to find a business:that works:jn that location. He said a pawn shop,rather than being a detriment to the community,could be helpful to thit :police in recovering stolen articles. He said an experienced pawn broker could spot stolen propert ::and repcI#:it to police. McCrea moved,Wachter seconded a motion to approve an amendment to the zoning code regarding pawn shops as a permitted use in CSC districts. Aye: 4 Nay: 1 (Gustafson) Mr. Rixmann said he would open his pawn shop in a CSC district. CONSIDERATION/SENECA PLANT DEVELOPMENT AGREEMENT Mayor Egan introduced this item as Ci■osideration of Seneca Plant Development Agreement-Proposed Revision to Schedule Regarding Incinerator Odor Control ImpriiiiiMents. City Administrator Hedges provided some of the background on this item and said a Notice of Defauih:bad been served on the Metropolitan Waste Control Commission, however, he said it was in the Cis best interest to resolve this issue. Mr. Hedges said PAGE 11/EAGAN CITY COUNCIL MINUTES May 7, 1991 the development agreement provided an tictober 1991 deaciline44 the installation of odor control equipment and it was the delay in this installation that'had resulted in the Notice of Default. City Administrator Hedges said that dialogue was continuing with a meting scheduled for:May 17. Mayor Egan said that the MWCC had a: ei and recommended the formation of an ad hoc committee to help find mitigative steps or a solutiorif to this issue. After further discussion, Egan moved, Wachter seconded a motion to address the intention of the MWCC and directed the formation of an ad hoc committee consisting of members of the City Council, staff, MWCC representative,Metropolitan Counca reproseatatitne,ncighibors and other interested parties,in an attempt to resolve the delay in the installation of Othirie of :t~yu%enit>for the Seneca expansion project. Betty Bassett, of 2101 Wuthering Heights Road, and A]:Arends, of 2133 Silver Bell Road,both came forward to urge the City Council to hold the MWC(:.to their:.ptcmises. Mr. John Wesley, of 1747 Bluebell Drive,also asked that the City Council look to.a logy t in solutiou:that was more environmentally sensitive than the equipment presently in use and propose i for:the SenOttlreatment Plant. Aye: 5 Nay. 0 ORDINANCE/TOBACCO PRODUCTS Mayor Egan introduced this item::as:an.Ordinance Amendment, City of Eagan,Amending Eagan City Code Chapter 6, Entitled "Other Business:Retions.and Licensing," By Amending Section 6.34 Regarding gardmg Tobacco Products; and by Adopting by Referetice`: an::City Code, Chapter 1 and Section 699. City Administrator Hedges referred to the vote taken:earlier in the.m_eeting which continued this item to the June 4, 1991 regular City Council meeting. ::::SIB::ORDINANCE Mayor Egan introduced this item as an Ordinance Amendment, City of Eagan,Amending Eagan City Code Chapter 4, Entitled "Construction Licensing,Permits and Regulations, Including Signs, Excavations, and Mobile Home Parks,"by Amending Section 420 Regarding Placement,Erection and Maintenance,and Adopting by Reference Eagan City Code Chapter 1 and Section 4.99. Wachter moved, Gustafson seconded:ir: ::tt6ti i o:Vit:a continuance of the ordinance amendment to Section 420 regarding placement,erection and maintenance of-signs to the Thursday, May 23, 1991 regular City Council meeting. Aye: 5 Nay. 0 ISIMINNINM BUILDING PERMIT/CELLULAR ONE Mayor Egan introduced this item as a Building Permit for a Tower and Equipment Building for Cellular One at Deerwood Drive and I-35E. City Administrator HedggS:acid this item had been reviewed with the approval of a special use permit for a temporary site in Nonni*of 1990. He said because this property is unplatted,a building permit would require City Coundl aaprovaL .birector of Community Development Runkle said one condition of approval had been c'.> C�.i're;�iti�tgt�;ripquirement that the building be all brick. He said the applicant had requested an a :kiid'that. vas acceptable to staff. Wachter moved,Gustafson seconded a motion to approvtit building permit for a tower and equipment building for Cellular One at Deerwood Drive and I-35E subjectlo'the following conditions: PAGE 12/EAGAN CITY COUNCIL MINUTES May 7, 1991 1. The building permit shalf.:be subject to all budding permit code requirements A landscape plan shall be submitted with the building pernikapplication. 2. The building shall have an egate exterior.::::::::: Aye: 5 Nay 0 TRUNK HIGHWAY 149 CORRIDOR STUDY Pawlenty moved,Wachter seconded a motion to approve a resolution acknowledging the Trunk Highway 149 corridor study. Aye: 5 Nay: 0 VARIANCE/RETAIL USE/CRATE PROSPECTS LTD. ........ Mayor Egan introduced this item as a Varian**for Crate•Prospects,Ltd., to Exceed the Maximum of 5 Percent Retail for an Allowed Use in a Limite41*strial..40ng District, Located in the Bell Lexington Addition in the Southwest Quarter of the si**4.it:oii4i*::0*.ttion 2. City Administrator Hedges said this item did not require Advisory Planning Commission review Director of Community Development Runkle said that the application was a request for a variance to allow showroom sales at Lexington and Lone Oak on the site of the old Bell Telephone building. Mr. Jeff Roberts, a partner in Crate:prospects, then described their operation. He said the company employs 18 people now and hoped to aclii:6::a*Iftipaal employees Concerns were expressed regarding the setbacks for this expansion,particularly in light of for no additional variances. City Attorney Sheldon said that the applicant may request a variance iktielitiure and it would be up to the City Council to approve or deny their request. :•:•: .....:-:•:•:•:.::::.::•••• ••••••••.••.-.....••••:•••" • After further discussion, McCrea moved,Wathier seconded a motion to approve a variance for Crate Prospects, Ltd. to exceed the maximum of ::pere.ent retail for an allowed use in a limited industrial zoning district subject to the following conditions: 1. No other variances shall be granted. 2. All rooftop mechanical equipment shall be screened. 3. All trash and recycling contaipc4f111::b :stPrc..4:indoors. 4. All other applicable orditiii:eei:irisailberatU::::::: :•:•:•:• •.•.•.• • Aye: 5 Nay: 0 ....... •.•.•.• .•.•.•.• ....... SIDEYARD SETBACK VARIANCE/FAIRWAY HILLS ADDITION :.:.:.:. Mayor Egan introduced this item as a Variance,for Barbara Robinson,of Approximately 4 Feet to the 10 Foot Sideyard Setback,Located on Lot 4,Block 2,Fairway His Addition. City Administrator Hedges said this item did not require review by the Advisory Planning Commission. Director of Community Development Runkle said the application was for a variance to the sideyard glback. He said it was for the addition of a screened porch and only the very end of the corner of the buti4i:yould intrude into the setback. . • Mr.Bob Pearl,of 1303 St.Andrew:a:004*k as14:4hat his rights we in the event be also needed a variance on that side. Mayor Egan establish a hardship,he would have the same rights as Ms. Robinson in requesting a variance. In that ecot, Mr. Pearl said he had no objections. :.:.:.:•. PAGE 13/EAGAN CITY COUNCIL MINUTES May 7, 1991 • Gustafson moved, Wachter apij ove a variance for Barbara Robinson of approximately 4 feet to the 10 foot sideyard setback on Lot 4, Black 2,of Fairway Hills Addition subject to the following conditions: 1. A building permit shall be 2. All other code requirements snail:l i:iaiket:::::':' Aye: 5 Nay: 0 SPECIAL USE PERMIT/DAKOTA ELECTRIC ASSOCIATION SUBSTA'IQp.:gN;•D;:7':itANSMt ION LINE Mayor Egan described this item as a SpeciaUJse Periip. ; Dakota Electric Association, to Allow the Construction of an Electric Substation and the Accompanying Transmission Line on Part of Lot 1,Block 1,West Publishing 1st Addition. City Administrator Hedgis:.said this:;item did not require review by the Advisory Planning Commission. Director of Community Development Runkle said the application was for the construction.of an electric substation and its accompanying transmission line. He said the transmission lines would run along the north side of Wescott Road from Deerwood School to the proposed location. He said those lines would be attached to new power poles placed in existing easements. The substation will be located entirely on West Publishing property and will be screened on all sides. Mr. Steve Bryant of West Publishing Company said present and future expansion of West Publishing Company required the implementation of this electric service and added that it was absolutely necessary for West. Pawlenty moved, Wachter seconded a:emotion to approve a special use permit for Dakota Electric Association for the construction of an electric substation and the:accompanying transmission line on part of Lot 1, Block 1, West Publishing 1st Addition subject t4**.following conditions: 1. The substation will be fully screened on all sides. 2. All other applicable ordinances will be adhered to. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN:AMENDMENT/ PUBLIC UTILITIES ELEMENT Mayor Egan introduced this item as a Comptebensive Aide Plan Amendment to the Public Utilities Element Which Updates the Public Utilities Element to:1990/1991::and Revises the Public Utilities Element for Conformance with Metropolitan System Plans. City Adpiainistrat**edges said that the item had been reviewed by the Advisory Planning Commission and they had recommended:approval. Wachter moved,Gustafson seconded a motion to approve the comprehensive guide plan amendment revising the public utilities element of the City's comprehensive guide plan. Aye: 5 Nay: 0 PRELIMINARY PLAT/SKYVIEWADDmON Mayor Egan introduced this kern .a: Jat;fm.5kyview Addition/I.ahner_Dunn,Consisting of 3 Lots on Approximately 16.4 AG(Agricp )Aiq a :1;aong the East Side of Dodd Road and South of Farm Road in the Southwest Quarter of Section 36. Coundlmember Pawlenty excused himself from the discussion of this kern as Mr. Pawlenty is a member of the laa in which Mr. Lahner is a partner. Mr. Pawlenty left the City Council Chambers during this discussion:::::::: PAGE 14/EAGAN CITY COUNCIL MINUTES May 7, 1991 City Administrator Hedges said tlisitem was considered:*the Advisory Planning Commission at their April 23 meeting and they had recommended'approval. Directoi'of•Community Development Runkle described the application and its location. He said::all, lots meet the.rtqu cements for width and the applicant is in agreement with the conditions set by the Advisory.Planning Vision. Mr.Runkle said there is no sewer or water available to these lots at this time;however;:the*a .s:present policy provides that every piece of property in the City will be served by utilities. Because this.piope ty is at the end of the utilities lines and because of the sizeable costs,it is questionable whether it is in the best interest of these properties to extend the trunk utilities. The Council agreed to eliminate "Al" of the standard conditions of plat approval regarding utilities. ppr for S Addition for Gustafson moved,McCrea seconded:a:motion.to.a . ,pti+�.tlie preliminary plat Skyview Lahner-Dunn,consisting of three lots in approXimaiely,: : :(:.Agr cultural)acres located in the southwest quarter of Section 36 and 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: Bi,B2,B44.C�.:! :pl,E1 ;#''i, Gl, Hl. 2. A variance to the minimun Jot:width for:1 got:3:shall be approved. 3. No direct access shall be permitted from highway 3. 4. The development shall construct a ditch along the east side of Dodd Road. Driveway culverts will also be necessary where the driveways cross the ditch. 5. The development is required to intercept the site runoff in the east ditch of Dodd Road and convey it easterly to newly designated Pond LP-23.1 at the southwest corner of Trunk Highway 3 and Farm Road. 6. The developer will be required:tQ:increase the wet pond volume of Pond LP-23.1 by 1 acre foot. 7. The well and septic systems shall' orcn::to:City, County and State standards. Aye: 4 Nay. 0 (1 Abstained - Pawlenty) CONDITIONAL USE PERMIT/'t`ANS X/TRUCB AND FREIGHT TERMINAL Mayor Egan introduced this item as a Conditional Use Permit for Trans X to Allow a Truck and Freight Terminal in an LI(Light Industrial)District on Lot 6,Eagandale Center Industrial Park#2 Located Along Lone Oak Circle in the Southwest Quarter of Section 2. Director of Community Development Runkle then described this conditional use permit and its location. He described the number of trips proposed to be generated at this site, however, the City's traffic consultant.did::rot::fott:it:would:: erburden the traffic system at this location. He added that one additional issue unrels d:tii the ini£tivt al:rise permit and involving the storm drainage system will have to be resolved. He said it was an issuc.that would involve a number of other properties also in this area Mr. Mike Gresser,of Eagan Construction,and•Mr.Bob' tanney,an architect with Vanney Associates, were present to answer any questions. The City Council then discussed the utilities questions with Director of Public Works Colbert. Mr. Colbert said the existing storm sewer system will not be able to handle runoff from this area when it is fully developed. He said payment for these improvements would be thrpFgh a public improvement and all benefitting properties would have to be identified. Payment would then be:ttiO.m a special assessment or combination of Dssron tbea'ensued regarding the adequacy of the system special assessment and storm water utility funding.•...•�......�....••.•-.•.•.• her P asked that when the which was designed and installed approxdniik*1O yeats.:010;..;.- ��Y special assessment hearing comes before thitititiiiinWtliikikidiiional background be provided on the utility system at this location. Y " • PAGE 15/EAGAN CITY COUNCIL MINUTES May 7, 1991 Gustafson moved,McCrea seconika motion to appro*:;aoonditional use permit for Trans X to allow a truck and freight terminal in an LI (L ight:Industrial) district subject to the following conditions: 1. Motor fuel operation shaUk:appro d.by!:t :ity Fire MarshaL. 2. A landscape plan shall be revueed by staff prior to building permit issuance. 3. All trash and recycling containeis'siiiilfbc stored indoors. 4. An opaque fence or a compact hedge is required to be provided along the west property line and a special permit was approved for a fence in excess of six feet but not more than eight feet. 5. All signage shall be subject to the one-time sign fee of$2.50 per square foot. 6. All other applicable City codea:shall.bc.a red.to. 7. A detailed grading, dr '•'"ge"a::� �:.:�:a�d::=tediment control plan must be prepared in accordance with current City stand* s and agiirbved by staff prior to issuance of a grading permit or building permit. 8. The storm sewer layout for this site:ah$ll be designed in accordance with the City's storm water management plan. 9. Current City code requires:tl t:piirking:Itits:sl all be surfaced with bituminous or concrete and the edge of the parking lot shall be constriicted with a concrete curb and gutter. 10. The parking lot shall be constructed with concrete curb and gutter to contain all vehicles and to convey surface water runoff to the proposed storm sewer. 11. The developer shall protect the existing 18 foot sanitary sewer force main that runs along the south property line of this site. The developer will be responsible for any damage done. 12. The driveway connection ;the.site at Lone Oak Circle will be required to be constructed with a concrete apron. • • Director of Public Works Colbert said that with the'upgrading of Lone Oak Road,the drainage in the general area would be studied and he suggested that the.study:be expanded to include Lone Oak Circle,because some modifications may need to be made at that:into c Lion Aye: 4 Nay: 0 • VARIANCE/UNITED MORTGAGE CORPORATION WESCOTT ROAD SETBACK Mayor Egan introduced this item:.*:.:i.i:TV:ar akelgr:1Jjed Mortgage Corporation of 15 Feet to the Required 50 Foot Setback off of Wescott Moil,(i#`?S;::Hlfidt...:and Lot 1, Block 4, Hills of Stonebridge. Director of Community Development Runkle said both.variances:are for lots at the intersection coming into Stonebridge off Wescott Road. He said the lots have::their aceras off Chatham Road. Mr.Wayne Tower,representing United Mortgage,said ty initially went into this project with a PUD. He said they assumed they had special sideyard setbacks over the entire project and would not have had this lot alignment had they known the sideyard setbacks were not what they had thought. He said they were requesting a 15 foot variance to get back to the 50 foot building pad that had been used in the rest of the project. The hardship for this variance would be compatibility with the rest of the homes built in the area. Mr. Steve Bryant, representing West Publishing,point:d ut that West Publishing is directly north of these lots and expansion is likely to occur on their.mperty►. He laid West does not want future responsibility for any problems perceived by the adjacent:**ki #igni.*:p ularly whoa they are asking to move their homes closer to the West facility and propeithiraiiiiiiitili'fiiiiii:expausion. Gustafson moved, Egan seconded a motion to approve a:variance for United Mortgage Corporation of 13 feet to the required 50 foot setback from Wescott Road subjiefto the following conditions: a. 4 PAGE 16/EAGAN CITY COUNCIL MINUTES May 7, 1991 1. Driveway access shall be:.from Chatham 2. All other code requirements shall be met. Aye: 3 Nay: 2 (McCrea and Wa d!e0..,. CONTRACT 91-04,Aar iCANS/AiTJ'HORIZE AD OAKS OF BRIDGEWATER 2ND Mayor Egan introduced this item as Contract 91-04,Approve Plans/Authorize Advertisement for Bids (Oaks of Bridgewater 2nd Addition). • McCrea moved, Wachter seconded a mom to appcc a the plans for Contract 91-04 (Oaks of Bridgewater 2nd Addition - Streets & Utilities) and•authorize die:advertisement for a bid opening to be held at 11:30 a.m., Friday, May 31, 1991. Aye: 5 Nay: :0. . REQUEST FOR WAIVER`OF.WA AN1 Y MAINTENANCE BOND REQUIREMENT Mayor Egan introduced this item as a Request for Waiver of Warranty Maintenance Bona Requirement (Cray Addition,Projects 87-X and 89-E). Director of Public Works Colbert said that Cray Research had covered the warranty of these public improvements through financial securities. He said the City had proceeded with public acceptance of the projects and had acstpted them last January. Mr.Colbert said Cray Research was now requesting release of their financial ::.:... •McCrea moved, Gustafson seconded a;motion to approve the request for waiver to City Code 1330, Subdivision 15, Section C, Paragraph 2(f) as it pertains to the Cray 1st and 2nd Additions (Projects 87-X and 89-E). Mayor Egan asked Director of PuN kWWorks Colbert whether he was satisfied that this action would not be precedent setting and he said staff was satisfied that they could work with this situation. Aye: 5 Nay. 0 REVIEW DAKOTA::> IEL .LIC:M..:IATION FEE REQUEST Mayor Egan introduced this item as a Review:of Dakota.Electric Association Fee Request for Utility Permit Issuance (Woodlands North&Elrene Road).:,t''.r,ty Administrator Hedges said that the City's new policy to replace existing overhead electrical lines with undCitound siOnis comparable to and compatible with the • systems being installed within adjacent developments 'has raissd:some concerns with the developer of the Woodlands North. Mr. Steve Bryant,representing West Publishing,said this would be replacement of an existing line for purely aesthetic reasons and West Publishing would be opposed to any cods being passed on to their company. Mr.Ed Brimkhorst of Dakota Electric said there would bade gain to Dakota Electric to bury this cable. of these cables,they would not be willing to accept While he said Dakota Electric is not to t1�eb�uJlmg...... ,,,. o'pp'osed........ . . .. any of the costs,because these costs could:avpt: ::passed aalitii I other customers. Wachter moved, McCrea seconded a motion to defy::Dakota Electric Association's request for reimbursement from the City of Eagan for utility permit issuan§C.1Woodlands North& Elrcne Road). PAGE 17/EAGAN CITY COUNCIL MINUTES • May 7, 1991 Director of Public Works Colbert:said this issue was broi jht to the City Council at the request of the developer. He said the developer had asks City staff to enforce'Underground utility requirements but had told the developer that they would have to be res Bible for any co5tti0Mr.Colbert told the developer that the issue would be discussed at this meeting and'•thiat:•:staff would::be::•requesting a policy decision regarding the responsibility for costs of burying existing lines.linei::::4400.;h004:Stlicussion,it was determined that the Application for Permit for Installation of Utilities will be issued'byth' iy and any costs associated with the permit will have to be negotiated between the developer and Dakota Electric. Aye: 5 Nay: 0 BURIED:? , BL.P1 :... NOB ROAD . Director of Public Works Colbert said that in.00anectionWith the upgrade of Pilot Knob Road,the City of Apple Valley had approached Dakota Electric regntding the::burying of electrical cable south of the Apple Valley/Eagan border. Apple Valley has agre0 to y;the acltrtliOnal cost for burying the cable and Dakota Electric was offering the same service to tita(portitin of:c ble thin Eagan City limits, however, the cost for burying this cable would be $100,000. For.Counci's information, Mr. Colbert said he had thought the cable would be buried as a part of the Pilot Knob upgrade at Dakota Electric's expense. Mr.Ed Brunkhorst of Dakota Electric said they had been asked Apple Valley to bury the electrical cable along that portion of Pilot Knob in Apple Valley and thought it only fair to ask Eagan if they wished to participate. Wachter moved,Gustafson seconded a motion t o:ide a y authorization to expend funds to pay for Dakota Electric Association's conversion of overhead lines to underground from the Eagan border north to Rebecca Lane. Aye: 5 Nay 0 ADMINITIVE AGENDA RESOLUTION SUPPLEMENTING BOND RESOLUTION/ GO PARK & RECREATION REFUNDING Gustafson moved, Wachter seconded a motion to approve the resolution supplementing the bond resolution that was originally adopted ApriL9,1991:relatipgto:$ ,440,000 in general obligation,park&recreation refunding bonds, Series 1991B. Aye: 5 CAPONI:PROPERTY:: McCrea moved, Pawlenty seconded a motion to'approve:tiie use of Crity funds not to exceed$2,000 for development of a presentation proposal to be used to seek funding•tram various foundations,pursue grants and financial assistance for the Caponi Art Park,to be reimbursed by the foundation at a later date. Aye: 5 Nay: 0 SPECIAL CITY COUNCIL G Wachter moved,Egan seconded a motion to approve Wodneaday,May 15,1991 at 5:00 p.m.fora special City Council meeting for the purpose of 1991 and 2992 ::::��: 2)consideration of a proposal to review genera/ fund 3 spending, 3) �' �iia�'ti�e'�propexaea five year CEP plan and 4) a joint meeting with the Airport Relations Committee to discuss the MAC Comprehensive r 1� Aye: 5 Nay: 0 P Phut/runway PAGE 18/EAGAN CITY COUNCIL May 7, 1991 • ICE:iiiENA/ESTIMATElitOST Mr.Bob Rosene of Bonestroo, Raiine,,Ander lik&Associates said if the Ice Arena Committee could define the type of ice arena facility they enViiIti*::BRAA:.:"Caii:lirovide a cost estimate of such a facility. Mr. Rosene offered to meet with the Committee rThre was additional discussion regarding sites for the ice arena and while both sites currently under consideration are feasible, options will remain open. CHECKLIST Wachter moved,Egan seconded of April 30, 1991 in the amount of $868,757.44 and the checklist dated May 7,...1991.1iiiheiarnotinfiit.$792,656.49. Aye: 5 Nay 0 The City Council adjourned the regtilat.....Me.iiiiigat.:.1.11Sa.m. on May 8, 1991. KF CITY OF EAGAN .:•••••••::...E VanOverbeke ( ity Clerk • •:••. •• . . •• :::::::: ..•.•.• :.::•:• .•.•.•. .•.•.•. :::::::: ..•..