11/19/1991 - City Council Regular •
(
. AGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MUNICIPAL CENTER BUILDING
NOVEMBER 19, 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) R
IV. 6:55 - CONSENT AGENDA (PINK) :''
. 2 A. PERSONNEL ITEMS ''
, LJ B. LICENSE, On-Sale Beer, James Ezzell, New Owner of Piccolos, 4162 Pilot Knob Road
V C. AMENDMENT to City Code, Chapter 6, Garbage Refuse and Recycling Haulers, Redefine
"Targeted Recyclables"
rf D CONSIDERATION of Gopher Smelting Proposal for Satellite Drop Site/Dakota County
Household Hazardous Waste Program
p. / E. AGREEMENT, Joint Powers with South Metro Task Force for Drug Prosecution
IIL 71. CONTRACT 90-04, Approve Final Payment/Authorize City Maintenance (Rahn Road -
Reconstruction
16.1t. CONTRACT 91-08, Approve Change Order No. 2 (Wilderness Run Road - Streets & Utilities)
P Z3 H. CONTRACT 87-DD, Acknowledgement of Project Completion (Hills of Stonebridge - Streets
& Utilities)
131. CONTRACT 89-TT, Acknowledgement of Project Completion (Boulder Ridge 2nd - Utilities)
V. 7:00 - PUBLIC HEARINGS (SALMON) - 1\1','
There are no public hearings
VI. OLD BUSINESS (ORCHID)
e. ).h( A. ORDINANCE AMENDMENT, City of Eagan, Amending Chapter 11 (Zoning) of the Eagan City
0 Code Regarding Outside Storage
3\ B. CONTRACT 86-RR, Foreclose Financial Security/Authorize Advertisement for Bids
(Wilderness Ponds - Streets & Utilities) ,
VII. NEW BUSINESS (TAN)
I DA. LICENSES, 1992 Liquor License Renewals
B. RECOMMELZDATION, Tobacco Task Force
Vi 'l C. PRELIMINARY PLAT EXTENSION, Best Brands Addition, Located North of Yankee Doodle Road,
West of Highway 13
04 D. VARIANCE, Jeff Clearence, of 10' to the required 30' Setback Located at 2045 Emerald
Q Lane
c QDE. SPECIAL USE PERMIT, Ferrellgas, to Allow the Temporary Storage of an Outside Propane
I� Tank, Located at Lot 1, Block 1, Mardelann Addition in the NW 1/4 of Sec 17 (3575
State Highway 13)
(Li ( 201.. REZONING, Cray Research, of Approximately 40 Acres from R-1 (Single Family) to
Planned Development District Located Along the North Side of Lone Oak Road, East
Highway 55 in the SE 1 4 of Sec 1
g Y /
VIII. ADDITIONAL ITEMS (GOLD)
{„4 A. Contract 91-12, Receive Bids/Award Contract (Manor Lake 4th Addition - Streets &
�3 Utilities)
IX. ADMINISTRATIVE AGENDA (GREEN)
X. VISITORS TO BE HEARD (for those persons not on agenda)
XI. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
• FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 15, 1991
SUBJECT: AGENDA INFORMATION FOR THE NOVEMBER 19, 1991 CITY
COUNCIL MEETINGACENDAAPPROVE MINUTES
ADOPT.......................................
After approval is given to the November 19, 1991 City Council agenda and the regular
meeting minutes for the November 7, 1991 meeting, the following items are in order for
consideration.
DEPARTMENTBUSINESS
At this time, there are no items to be considered under Department Head Business.
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• Agenda Information Memo
November 19, 1991 City Council Meeting
CONSENT AGMA
...........................................................
There are nine (9) 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. Resignation/CSO-- The City of Eagan has received a letter of resignation from
Kyle Kaszynski, Community Service Officer. Mr. Kaszynski has accepted a full-time police
officer position with the Bemidji Police Department. Enclosed on page is a copy of Mr.
Kaszynski's letter.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Kyle
Kaszynski, Community Service Officer.
• Item 2. Replacement/CSO--The City of Eagan currently has a hiring list for the Community
Service Officer position. Therefore, it is the recommendation of Police Administration that
Richard Redenius be hired as a Community Service Officer for the City of Eagan, subject
to successfully completing the City's physical, psychological and drug testing examination
requirements.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Richard
Redenius as a Community Service Officer, subject to successful completion of the City's
physical, psychological and drug testing examination requirements.
Agenda Information Memo
November 19, 1991 City Council Meeting
Item 3. Resignation/Engineering Intern--The City has received a letter of resignation from
Luke Rutten, Engineering Intern. Enclosed on page .5 is a copy of that letter. There is
no recommendation to refill that position as of this time.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Luke
Rutten, Engineering Intern.
dr02-
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410
Chief Pat Geagan November 7 , 1991
Eagan Police Department
3830 Pilot Knob Road
Eagan, MN 55122
Kyle Kaszynski
5100 Dupont Avenue S.
Minneapolis, MN 55419
Dear Chief Geagan;
I am writing to you to inform you of my resignation from the
Eagan Police Department as a Community Service Officer.
I have accepted a position with the Bemidji Police Department as
a full-time licensed Police Officer. My date of resignation
is to be effective as of November 30, 1991.
I would like to thank-you for the opportunity of working for
you department. I have received some excellent experience and
learned some valuable lessons. I am also fortunate to have made
some valuable friends.
Again, Thank-you. 411
Sincerely,
gfKa ski
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Agenda Information Memo
November 19, 1991 City Council Meeting
Item 3. Resignation/Engineering Intern—The City has received a letter of resignation from
Luke Rutten, Engineering Intern. Enclosed on page _ is a copy of that letter. There is
no recommendation to refill that position as of this time.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Luke
Rutten, Engineering Intern.
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110
November 1, 1991
MICHAEL P. FOERTSCH
ASSISTANT CITY ENGINEER
CITY OF EAGAN
3830 PILOT KNOB ROAD
EAGAN, MN. 55122
Dear Mike:
I will be ending my internship with the City of Eagan on Friday,
November 22 , 1991. Thank you for giving me the opportunity to work
for the City.
I 've learned a lot from you and my other co-workers. The
experience I 've gained here will help me a great deal as I complete
my Engineering degree and enter into the Engineering field.
Thanks again.
Sincerely,
r
/4/ -_
Luke Rutten
Engineering Intern
LR/jf
• Agenda Information Memo
November 19, 1991 City Council Meeting
ON-SALE BEER LICENSE/JAMES EZZELL
B. License,On-Sale Beer,James Ezzell,New Owner of Piccolo's,4162 Pilot Knob Road—An
application has been received from James Ezzell for an on-sale,non-intoxicating malt liquor
license. Mr. F77ell recently purchased Piccolo's Pizzeria from the previous owner. The
Police Department is reviewing the application and a recommendation from them will be
forwarded with the Administrative packet on Monday. A copy of the application is enclosed
in Councilmembers' packets without page numbers for their review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the on-sale,non-intoxicating
malt liquor license for James Ezzell for Piccolo's Pizzeria.
AMENDMENT/REDEFINE "TARGETED RECYCLABLES".
C. Amendment to City Code, Chapter 6, Garbage Refuse and Recycling Haulers, Redefine
"Targeted Recyclables"--Enclosed on page is a copy of a resolution to amend Chapter
6, Section 6.37 of the Eagan City Code to redefine "targeted recyclables." The amendment
basically includes magazines and catalogs to the current definition of"targeted recyclables"
• and adds collection and recycling of those items to the curbside and multi-unit collection
programs within the City by January 1, 1992. It also changes the definition for glass
collected in the Eagan recycling program to read glass food and beverage containers. Also
enclosed on pages 1 through \ I is a copy of the ordinance including the proposed
amendment.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution amending
Chapter 6, Section 6.37 of the Eagan City Code to redefine "targeted recyclables."
RESOLUTION
TO AMEND CHAPTER 6, SECTION 6.37 OF THE EAGAN CITY CODE
TO REDEFINE "TARGETED RECYCLABLES"
Eagan, Minnesota
WHEREAS, The City of Eagan is mandated by Dakota County
and the State of Minnesota to achieve thirty-five percent recycling
of solid waste by 1993 ; and
WHEREAS, The City of Eagan has implemented successful
community recycling programs which collect newsprint, glass and
metal food and beverage containers, plastics (as defined by Dakota
County) , corrugated cardboard and
WHEREAS, there are large quantities of magazines and
catalogs which are not being recycled on a citywide basis; and
WHEREAS, the addition of these new materials is warranted
by existing markets and handling capacity at the Dakota County
Recyclables Collection Center; and
WHEREAS, Dakota County has resolved to accept magazines
and catalogs at the Recyclables Collection Center;
NOW, THEREFORE, BE IT RESOLVED, that magazines and
catalogs be included in the definition of "Targeted Recyclables"
pursuant to the Eagan City Code Chapter 6.37.
BE IT FURTHER RESOLVED, that effective no later than
January 1, 1992 the collection and recycling of magazines and
catalogs be added to the curbside and multi-unit collection
programs within the city.
BE IT FURTHER RESOLVED, that the definition for glass
collected in the Eagan Recycling Program be amended to read; glass
food and beverage containers.
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Motion Made By: Its Clerk
Seconded By:
Those In Favor:
Those Opposed:
CERTIFICATION
I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota
County, Minnesota, do hereby certify that the foregoing resolution
was duly passed and adopted by the City Council of the City of 0
Eagan, Dakota County, Minnesota, in a regular meeting thereof
assembled this 5th day of February, 1991.
E. J. VanOverbeke, City Clerk
rol City of Eagan
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING"
BY AMENDING SECTION 6.37 REGARDING GARBAGE, REFUSE AND RECYCLING
HAULERS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND
SECTION 6.99.
The City Council of the City of Eagan does ordain:
Section 1. Chapter 6 of the Eagan City Code is hereby amended to
read as follows:
SECTION 6.37. GARBAGE, REFUSE AND RECYCLING HAULERS
Subd. 1. Definitions. The following terms, as used in
this Section, shall have the meanings stated:
A. "Garbage" means all putrescible wastes, including
animal offal and carcasses of dead animals but excluding human
excreta, sewage and other water carried wastes.
B. "Other Refuse" means ashes, non-recyclable glass,
crockery, cans, paper, boxes, rags and similar nonputrescible
wastes including sand, earth, brick, stone and concrete except when
• on site construction is occurring and trees, tree branches and wood
except when stored as firewood.
C. "Recyclables" means materials which may be recycled
or reused through recycling processes including targeted
recyclables.
D. "Targeted Recyclables" means metal food and
beverage containers, glass food and beverage containers, newsprint,
corrugated cardboard, plastics (as defined by Dakota County) ,
*magazines, *catalogs or other materials as defined by Council
resolution. *Effective January 1, 1992.
E. "Yard Waste" means leaves and grass clippings or
other materials as may be defined by Council resolution.
F. "Residential Dwelling" - Any single building
consisting of one through four dwelling units with individual
kitchen facilities for each.
G. "Multiple Residential Dwelling" - Any building used
for residential purposes consisting of more than four dwelling
units with individual kitchen facilities for each.
H. "Commercial Establishment" - Any premises where a
commercial or industrial enterprise of any kind is carried on, and
shall include restaurants, clubs, churches, and schools where food
is prepared or served.
I. "Special Pick-Up" means any collection of materials
other than garbage, other refuse, recyclables or yard waste ID
including white goods, furniture, oversized materials and
construction debris.
J. "Daily Hauling District" means a residential area
in which garbage, other refuse, recyclables and yard waste are
collected on the same day, the boundaries and day of collection of
which are defined by Council action.
Subd. 2. License Required. It is unlawful for any -
person to haul garbage, other refuse or recyclables for hire
without a license therefore from the City, or to haul garbage,
other refuse or recyclables from his own residence or business
property other than as herein excepted.
A. It is unlawful for any person or business to
scavenge or otherwise collect garbage, other refuse, recyclables or
yard waste at the curb or from containers designated for recyclable
materials without a license therefore from the City and an account
relationship with the owner of the premises.
Bubd. 3. Exception. Nothing in this Section shall
prevent persons from hauling garbage, other refuse or recyclables
from their own residences or business properties provided the
following rules are observed: 1) that all garbage is hauled in
containers that are water-tight on all sides and the bottom and .
with tight-fitting covers on top, 2) that all other refuse and
recyclables are hauled in vehicles with leak-proof bodies and
completely covered or enclosed by canvas or other means or material
so as to completely eliminate the possibility of loss of cargo, 3)
that all garbage and other refuse shall be dumped or unloaded only
at the designated sanitary land-fill or County designated facility,
4) that recyclables may be disposed of at a recycling facility, an
organized recyclable drive or through a licensed recyclable hauler,
and 5) that yard waste may be composted privately or be disposed of
at a composting facility or through a licensed refuse hauler or
recyclable hauler.
Bubd. 4. Hauler License Requirements
A. Hauler licenses shall be granted only upon the
condition that the licensee have water-tight packet-type vehicles
or, in the case of recycling hauler, appropriate container vehicles
in good condition to prevent loss in transit of liquid or solid
cargo, that the vehicle be kept clean and as free from offensive
odors as possible and not allowed to stand in any street longer
than reasonably necessary to collect garbage, other refuse, yard
waste or recyclables.
1. There shall be three license categories
defined by the type of account served: 1) Commercial/Multiple •
Dwelling, 2) Residential Dwelling and 3) Residential/Multiple
Dwelling Recycling.
Clr
410 2. Commercial/Multiple Dwelling and
Residential Dwelling hauling licenses include Residential Recycling
licenses.
a. Residential Recycling licensees may only
collect recyclables as defined herein.
3. Residential Dwelling hauling licensees
shall make curbside recycling collection available to all
Residential Dwelling accounts. Commercial/Multiple Dwelling
hauling licensees shall make recycling collection available to all
multiple residential dwelling accounts no later than October 1,
1990. At a minimum, such service shall include all targeted
recyclables as defined herein.
4. Residential Dwelling hauling licensees
shall make weekly collection of separated garbage and other refuse,
yard waste and recyclables for all Residential Dwelling Accounts
within the daily hauling districts as defined by Council action.
a. It shall be unlawful for refuse vehicles
to operate on residential streets in such districts on any other
day, except to collect a missed pick-up, special pick-up or when an
observed holiday falls within that week.
5. At a minimum, commercial/multiple dwelling
hauling licensees shall make weekly collections of separated
garbage, other refuse and recyclables for all multiple residential
dwelling accounts no later than October 1, 1990.
B. Before a garbage and refuse hauler or recycling
license shall be issued, the applicant shall file with the City
Clerk-Treasurer evidence that he has provided public liability
insurance on all vehicles in at least the sum of $100,000.00 for
injury of one person, $300,000.00 for the injury of two or more
persons in the same accident, and $50,000.00 for property damages.
C. The Council, in the interest of maintaining
healthful and sanitary conditions in the City, hereby reserves the
right to specify and assign certain areas to all licensees, and to
limit the number of licenses issued.
D. Each applicant shall file with the City Clerk-
Treasurer, before a garbage and refuse hauler or recycling license
is issued or renewed, a schedule of proposed rates to be charged by
him during the licensed period for which the application is made.
Every licensee shall provide prior notification of any change in
rates to be implemented during the licensed period.
1. Residential Dwelling hauling licensees
rates shall include a minimum of two levels of regular service,
priced on the basis of volume.
C
E. No hauler operating on a route in a residential
district shall operate a truck on any City street when the weight
of said vehicle exceeds eight tons per axle.
F. No hauler shall operate in a residential district
after 8:30 o'clock P.M. or before 6:30 A.M. of any day, and no
hauler shall operate in a residential district on Sunday.
G. Each vehicle for which a hauler's license is issued
shall exhibit such license in a prominent position on said vehicle.
H. All Residential Dwelling, Commercial/Multiple
Dwelling, and Recycling Hauling Licensees shall report to the City,
on the form provided for such purpose, the quantity of all
recyclables and yard waste abated from the landfills. Such
quantities shall be reported by tonnage, with the exception that
yard waste may be reported in estimates of cubic yardage abated.
Failure to certify accurate volumes in a timely manner may be cause
for revocation of hauling license.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
'Penalty for Violation's' and Section 6.99, entitled "Violation a
Misdemeanor" are hereby adopted in their entirety by reference as
though repeated verbatim.
Section 3. Effective Date. This ordinance shall take effect upon 111 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:
• Agenda Information Memo
November 19, 1991 City Council Meeting
GOPHER SMELTING PROPOSAL/SATELLITE DROP SITE
D. Consideration of Gopher Smelting Proposal for Satellite Drop Site/Dakota County
Household Hazardous Waste Program—Dakota County has established a household
hazardous waste program to improve management of the large amount of hazardous
household wastes generated in Dakota County each year. There is one permanent drop-off
site currently. To aid in collection, the County has adopted a plan to establish two to three
satellite drop-off sites throughout the County. Gopher Smelting has sent a proposal to
Dakota County to become a satellite drop-off site. Enclosed on page 43 is a copy of a
memo from Recycling Coordinator Hageman regarding this proposal. Coordinator
Hageman is proposing that the City of Eagan support this project during the review stage
to Dakota County.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve City of Eagan's support for
the Gopher Smelting proposal for a satellite drop site in the City of Eagan.
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MEMO TO: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN
FROM: RECYCLING COORDINATOR HAGEMAN •
DATE: NOVEMBER 5, 1991
SUBJECT: DAKOTA COUNTY HOUSEHOLD HAZARDOUS WASTE PROGRAM/
GOPHER SMELTING PROPOSAL FOR SATELLITE DROP SITE
Dakota County has established a household hazardous waste program
to improve management of the large amounts of HHW generated in the
county each year. The program centers around a permanent drop-off
site located in Lakeville at the Aptus Corporation and is open the
last saturday of each month to county residents. While this
options is an improvement over the one day collection days
organized in the past it has some problems meeting the needs of all
county residents. To further resolve collection problems and
increase safe disposal options, the county has adopted a plan to
establish 2-3 satellite drop-sites throughout the county.
The satellite sites will serve a greater number of residents not
only because of their locations but with increased hours and days
of operations. It has come to my attention that Gopher Smelting of
Eagan has sent a proposal to Dakota County to become a satellite
drop-off site.
The satellite site will accept materials from Eagan residents as Aft
well as serving residents in the northern region of the county. It IF
is my understanding that Gopher would then be responsible for site
management while Aptus (under contract with Dakota County) will be
responsible for packing and removal of materials for proper
disposal. Gopher may be able to expand the list of materials
accepted at the site to include auto batteries, oil and oil
filters, etc. because of their current operations.
Proposal reviews are currently under way at the county. A start up
date for the satellite sites has not been established. Although
the proposals are in the preliminary stages, I feel our show of
support for the project is warranted. Gopher Smelting is working
to improve resident awareness and availability of proper disposal
for many household hazardous materials and is taking a lead in our
community to further such activities and expand their community
involvement.
If you have any questions regarding the program, please let me
know.
Rec cling Coordinator
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• Agenda Information Memo
November 19, 1991 City Council Meeting
AGREEMENT/SOUTH METRO TASK FORCE/DRUG PROSECUTION
E. Agreement, Joint Powers with South Metro Task Force for Drug Prosecution--Dakota
County Attorney James Backstrom has forwarded a Joint Powers Agreement for the units
of government responsible for the South Metro Task Force's enforcement of controlled •
substance laws in their respective jurisdictions. The proposed agreement is in order for
consideration. There are no significant changes to the 1991 agreement currently in effect.
The Cities of Eagan, Burnsville, Apple Valley and Lakeville and Dakota County continue
as members. Enclosed on pages / through 9.2 /are a copy of the letter from James
Backstrom and a copy of the proposed Joint Powers Agreement for 1992.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1992 Joint Powers
Agreement with the South Metro Drug Task Force for drug prosecution.
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OFFICE OF DAKOTA COUNTY ATTORNEY
JAMES C. BACKSTROM b
COUNTY ATTORNEY
Dakota County Judicial Center Telephone
1560 West Highway 55 (612)438-4438
Hastings,Minnesota 55033 Charles A.Diemer,Chief Deputy
November 8, 1991
MR EUGENE VANOVERBEKE
CLERK OF CITY OF EAGAN
MUNICIPAL BLDG
• 3830 PILOT KNOB RD .
EAGAN MN 55122
RE: Joint Powers Agreement w/South Metro Drug Task Force for
Drug Prosecution
Our File No. K-92-5
Dear Mr. VanOverbeke:
Enclosed please find the above-referenced contract which I have
approved as to form. Please review this contract carefully and
if it meets with the City's approval, please obtain the
appropriate City officials' signatures. Once this contract has
been approved, please return a copy to me.
If you have any questions regarding this contract, please do not
hesitate to contact me. Thank you for your assistance in this
matter.
•
Sincerely,
JAMES C. BACKSTROM
DAKOTA •CO1UNTY ATTORNEY
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By: CC`margaret . Westin .
Assistant County Attorney
MJW:dko
Enclosure
L/K-92-5
Criminal Division Juvenile and Family Services Division Civil Division
Robert R.King.Jr..Head Donald E.Bruce.H Karen A.Schaffer.Head
Director of Administration Victim/Witness Coordinator
Norma J.Zabel Patricia Ronken
t..J An Equ. _.•.•• y Employer 0
• 1992 JOINT POWERS AGREEMENT
SOUTH METRO TASK FORCE
THE PARTIES TO THIS AGREEMENT are units of government
responsible for the enforcement of controlled substance laws in
their respective jurisdictions. This Agreement is made pursuant to
the authority conferred upon the parties by Minnesota Statutes §
471.59.
NOW THEREFORE, the undersigned governmental units, in the
joint and mutual exercise of their powers agree as follows:
1. Name. The parties did establish in 1988 and hereby maintain
the South Metro Task Force.
2. General Purpose. The purpose of this joint powers agreement
is to establish an organization to coordinate efforts to apprehend
and prosecute drug offenders.
• 3. Members The members of this Agreement shall consist of the
following units of government:
City of Burnsville
City of Eagan
City of Apple Valley
City of Lakeville
Dakota County
4. State and Local Assistance for Narcotics Control Program. The
City of Burnsville, acting on behalf of the South Metro Task Force
and its members, shall apply for funding under the State and Local
Assistance for Narcotics Control Program ("grant funds") . The
Burnsville City Manager shall be the "authorized official" as
defined in the general policies and procedures for the program.
5. 'Administrative Board.
5.1. The governing body of the Task Force shall be a Board
consisting of six members. The police chief or sheriff of each
party shall appoint one board member to serve at the chief's or
sheriff's pleasure. The Dakota County Attorney shall appoint one
board member to serve at the County Attorney's pleasure. Board
members appointed by the police chiefs and sheriff must be full-time
• supervisory peace officers of the jurisdiction or office that
appoints the Board member.
Page 1 of 6
1 cy .
5.2. Board members shall not be deemed employees of the Task Force
and shall not be compensated by it.
5.3. In January of each year, the Board shall elect from its •
members a chair, a vice-chair, a secretary/treasurer, and such other
officers as it deems necessary to conduct its meetings and
affairs. The Board may adopt rules and regulations governing its
meetings. Such rules and regulations may be amended from time to
time at either a regular or a special meeting of the Board provided
that at least ten (10) days' prior notice of the meeting has been
furnished to each Board member. The Board shall operate by a
majority vote of all members present. A quorum of four (4) members
shall be required for all meetings.
6. Powers and Duties of the Board.
6.1. The Board will formulate a program to carry out its purpose.
6.2. The Board will coordinate intelligence between the members and
the Task Force.
6.3. The Board shall appoint and supervise the Agent-In-Charge of
the Task Force.
6.4. The Board may cooperate with other federal, state, and local
law enforcement agencies to accomplish the purpose for which it is
organized.
6.5. The Board may make contracts, incur expenses and make •
expenditures necessary and incidental to the effectuation of its
purpose and consistent with its powers.
6.6. The Board shall cause to be made an annual audit of the books
and accounts of the Task Force and shall make and file a report to
its members which includes the following information:
(a) the financial condition of the Task Force;
(b) the status of all Task Force projects;
(c) the business transacted by the Task Force; and
(d) other matters which affect the interests of the Task
Force.
6.7. The Task Force's books, reports, and records shall be open to
inspection by its members at all reasonable times.
6.8. The Board may recommend changes in this Agreement to its
members.
6.9. The members may not incur obligations or enter into contracts
that extend beyond the terms of this Agreement.
6.10. The Board may decide to purchase liability insurance which
shall be payable from Task Force funds.
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Page 2 of 6
. 7. Finances.
• 7.1. The members intend to fund the 1992 cost of operation of the
Task Force totaling $353,700.00 as follows: (1) $180,000.00 from
1992 grant funds, and (2) $173,700.00 in matching funds from member
cities and County. The matching funds shall fund the continued cost
of maintaining the replacement officers hired during 1988 for the
officer assigned by each member to the Task Force. All funds will
be spent in federally authorized program areas.
7.2. The Task Force's funds may be expended by the Board in
accordance with this Agreement in a manner determined by the
Board. The Board shall designate the City of Burnsville to act as
depository for the Task Force's funds. In no event shall there be a
disbursement of Task Force funds from the City of Burnsville
depository without the signature of the Task Force
secretary/treasurer.
7.3. The Board shall receive a monthly financial report of all
expenditures and receipts, and current fund balances from the
secretary/treasurer.
7.4. The members shall contribute their grant funds and required
matching funds to operate the Task Force. The required matching
funds from each member will be used to pay the 1992 salary of the
officer hired in 1988 to replace the officer assigned to the Task
Force.
• 7.5. The Board shall adopt a budget based upon grant funds, member
matching funds and money made available from other sources. The
Board may amend the budget from time to time.
7.6. The Board may not incur debts.
7.7. The Task Force's obligation to reimburse members for any
expense, furnish equipment, and the like is contingent upon the Task
Force receiving at least $180,000.00 in grant funds in 1992. If
grant funds less than that amount are received, the Board may reduce
the level of expense reimbursement and cut back on equipment and
other purchases otherwise required by this Agreement.
8. Agents.
• 8.1. Each member shall assign one experienced, licensed peace
officer to serve on the Task Force on a full-time basis.
8.2. Agents shall not be employees of the Task Force. Agents shall
remain employees of the member that has assigned them to the Task
Force and shall be paid by that member, not the Task Force.
8.3. Agents will be responsible for drug investigation, including
intelligence management, case development, and case charging.
Agents will also assist other agents in surveillance and undercover
• operations. Task Force agents will work cooperatively with
assisting agencies.
Page 3 of 6
19
8.4. Agents will be supervised by the Agent-in-Charge.
8.5. The member appointing the Agent shall furnish the agent a •
weapon and a vehicle and pay any lease payments, insurance,
maintenance, and operating costs of the vehicle.
8.6. The members shall maintain the officer positions hired in 1988
to replace the officer assigned to the Task Force.
9. Agent-In-Charge.
9.1. From the agents assigned by members, an Agent-In-Charge shall
be appointed by the Board and serve at its pleasure. The Agent-In-
Charge must be a full-time, licensed peace officer of a member and
shall be paid c supervisor's salary by that member. The difference
between the rate of pay, if any, the Agent-In-Charge would normally
have received from the member and the rate of pay for the member's
first line supervisor, however, will be paid by the Task Force. The
Agent-In-Charge shall remain an employee of the member city or
County.
9.2. The Agent-In-Charge shall be in charge of the day-to-day
operation of the Task Force, including supervising the Task Force's
assigned personnel, subject to direction received from the Board.
The Agent-In-Charge is responsible for staffing, scheduling, case
assignment, case management, record keeping, informant management,
buy fund management, petty cash management, and intelligence
management. The Agent-In-Charge will be responsible to keep the •
Board updated as to the Task Force's activity, which would include
major case development within member jurisdictions. The Agent-In-
Charge will supervise the drafting and execution of all search
warrants initiated by the Task Force Unit and will work
cooperatively with the agencies with venue over the case. The
Agent-In-Charge will be responsible for all buy fund monies and
petty cash funds and will provide Board members with a monthly
accounting of all funds disbursed and a written summary of activity
with the unit.
9.3. The Agent-In-Charge may exclude agents from further Task Force
involvement subject to review by the Board and approval of the
member that assigned the agent to the Task Force.
10. Forfeitures, Seizures and Fines. Items that are seized by the
Task Force may be used to support Task Force efforts. The use of
these items must be approved by the Board. In the case of Federal
forfeiture actions, established Federal Rules shall be followed.
All remaining forfeited items shall be divided equally among Task
Force members. Fine or restitution monies ordered paid to the Task
Force by Court Order shall be used to off set equipment or operating
costs of the Task Force not funded by grant or matching funds.
•
11. Headquarters. The City of Eagan will furnish the Task Force,
without cost, office space at 3830 Pilot Knob Road, Eagan, Minnesota •
55122. All utilities, including electricity, heat, air
conditioning, and the like shall also be furnished to the Task Force
by Eagan without cost.
Page 4of6
11
12. Indemnification. Each member shall fully indemnify and hold
• harmless the other members against all claims, losses, damage,
liability, suits, judgments, costs and expenses by reason of the
action or inaction of its employees assigned to the Task Force.
This agreement to indemnify and hold harmless does not constitute a
waiver by any member of limitations on liability provided by
Minnesota Statutes, Chapter 466.
13. Duration.
13.1. This Agreement shall take full force and effect when all five
potential members, listed in paragraph three of this Agreement, sign"
it. All members need not sign the same copy. The signed Agreement
shall be filed with the city clerk of the City of Eagan, who shall
notify all members in writing of its effective date. . With the
exception of paragraph 4 of this Agreement, implementation is also
contingent upon receipt of grant funds. Prior to the effective date
of this Agreement, any signatory may rescind its approval.
13.2. This Agreement shall terminate on December 31, 1992, unless
extended by further written agreement of the parties.
13.3. This Agreement may be terminated at any time by the written
agreement of 3/5 of the members.
13.4. Upon termination of this Agreement, all property of the Task
Force shall be sold or distributed to the members in proportion to
• the contributions of each member of this Agreement.
•
Page 5 of 6 0T)
IN WITNESS WHEREOF, the undersigned governmental units, by
action of their governing bodies, have caused this Agreement to be
executed in accordance with the authority of Minnesota Statutes § •
471.59.
Approved by the City Council CITY OF LAKEVILLE
,1991. By
Date of Signature
Attest
Date of Signature
Approved by the City Council CITY OF BURNSVILLE
,1991. By
Date of Signature
Attest
Date of Signature
Approved by the City Council ITY OF -GAN
,1991. By f . �
- of ignat1re
ttest
Date of Signature
Approved by the City Council CITY OF APPLE VALLEY
,1991. By - •
Date of Signature
Attest
Date of Signature
Approved by Dakota County Board CO F :: •TA
Resolution No. g/ B 4
od Bo r-Sh-riff
Date of Signature H/- t- g 1
Dakota County Attorney's Offine as to F
Dakota County Judicial Center Approve
1560 Highway 55 ���//JJ�/ ��
Hastings, Minnesota 55033 Bypssistant County Attorney
Telephone: (612) 438-4438 Date of Signature /47/29//W
Approved as to Execution by
untgy
By itL
v �
A-si-. ant ounty Attorney
Date of Signature //71-79/
•
Page 6 of 6
• Agenda Information Memo
November 19, 1991, City Council Meeting
APPROVE FINAL PYMT/AUTHORIZE CITY MAINTENANCE
(RAHN ROAD RECONSTRUCTION)
F. Contract 90-04, Approve Final Payment/Authorize City Maintenance (Rahn Road
Reconstruction)--Staff has received a request for final payment for the above-referenced
contract from our consulting engineer along with a Certification of Compliance with plans
and specifications. In addition, final inspections have been performed by representatives of
the Public Works Department and found to be in order for favorable Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve the 12th and final payment to
Contract 90-04 (Rahn Road Reconstruction) in the amount of $2,142.31 and authorize the
City to perform perpetual maintenance subject to the appropriate warranty provisions.
APPROVE CHANGE ORDER NO, 2
(WILDERNESS RUN ROAD)
•
G. Contract 91-08, Approve Change Order No. 2 (Wilderness Run Road - Streets &
Utilities)--This Change Order No. 2 consists of 4 parts described as follows:
• Part A: During the construction of the storm sewer at the intersection of Wilderness
Run Road and Wedgewood Drive, it was discovered that the existing sanitary
sewer in Wedgewood Drive was not constructed to the elevation as shown on
the record plans for the previous improvement. As a result, it was necessary
to construct an additional sanitary sewer manhole and relay a portion of the
existing sanitary sewer.
Amount added to contract - $5,429.75 •
Part B: During the construction of the storm sewer in Wilderness Run Road in the
vicinity of the existing storm sewer lift station adjacent to Schwanz Lake, the
proposed storm sewer construction was in conflict with the existing water
main. As a result, the water main had to be offset to allow for the storm
sewer construction as proposed.
Amount added to contract - $6,000.50
Part C: The original contract documents for the Wilderness Run Road improvement
did not anticipate the skimmer type structure for the outlet to Hay Lake. As
a result, a skimmer structure was added to the outlet structure for the storm
sewer on Hay Lake in lieu of a flared end section.
1111 Amount added to contract - $2,974.00
oP2 er2-
Item G - Change Order No. 2 Continued
•
Part D: The deletion of the 15" RCP flared end section at the bid unit price which
was replaced by the skimmer structure as identified in Part C.
Amount to deduct from contract - $542.00
Total contract price increase from Change Order No. 2 - $13,862.25.
The original contract price for the improvement was $694,525.82. As a result of Change
Orders No. 1 and No. 2, the revised contract price equals $652,484.69.
ACKNOWLEDGEMENT OF PROJECT COMPLETION
(HILLS OF STONEBRIDGE ADDN)
H. Contract 87-DD, Acknowledgement of Project Completion/Authorization of City
Maintenance Responsibilities (Hills of Stonebridge Addition - Streets & Utilities)--Private
installation of public streets and utilities to service the Hills of Stonebridge Addition has
been completed and inspected by City authorized personnel and found to be in order for
formal Council acknowledgement of completion. The project was completed in accordance
with the City reviewed plans and specifications. It would be appropriate to authorize these •
public facilities to be transferred to the City for perpetual maintenance responsibilities.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of
Project 87-DD (Hills of Stonebridge - Streets & Utilities) and authorize perpetual City
maintenance subject to appropriate warranty conditions of the development agreement.
ACKNOWLEDGEMENT OF PROJECT COMPLETION
(BOULDER RIDGE 2ND ADDITION)
I. Contract 89-TT, Acknowledgement of Project Completion/Authorization of City
Maintenance Responsibilities (Boulder Ridge 2nd Addition - Utilities)--Private installation
of public streets and utilities to service the Boulder Ridge 2nd Addition has been completed
and inspected by City authorized personnel and found to be in order for formal Council
acknowledgement of completion. The project was completed in accordance with the City
reviewed plans and specifications. It would be appropriate to authorize these public
facilities to be transferred to the City for perpetual maintenance responsibilities.
ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of
Project 89-TT (Boulder Ridge 2nd Addition - Utilities) and authorize perpetual City
maintenance subject to appropriate warranty conditions of the development agreement.
•
� 3
Agenda Information Memo
• November 19, 1991 City Council Meeting
ORDINANCE AMENDMENT/OUTSIDE STORAGE
A. Ordinance Amendment, City of Eagan, Amending Chapter 11 (Zoning) of the Eagan
City Code Regarding Outside Storage—At its meeting of September 24, 1991, the Advisory
Planning Commission considered the above referenced amendment concerning outside
storage to address concerns previously before the City Council. At its meeting of October
15, 1991, the City Council considered and discussed this item and continued it for purposes
of addressing certain technical concerns within the body of the ordinance. The ordinance
amendment was brought back before the City Council on November 7, 1991, at which time
they further continued the item to the November 19, 1991 City Council meeting for
additional consideration of the ro techni modifications to the ordinance
amendment. Enclosed on page throu is a copy of the ordinance which is
unde consideration at this meeting. Also enclosed for the Council's information on page
is a copy of the November 7, 1991 City Council minutes regarding this item. Also
enc osed on page 3ois a copy of a letter from Tim Wandzel, District Manager for Tom
Tom Thumb Food Stores, regarding this item.
• ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to
the Eagan City Code, Chapter 11, regarding outside storage as presented.
C24/
•
ORBIS/MC*.X10. 2ND $UR1*B
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA,REGULATIONS AMENDING E EAGAN GAN CITY
CODE CHAPTER ELEVEN ENTITLED "LAND USE
AMENDING SECTIONS 11.01, 11.10 AND 11.20 REGARDING OUTDOOR STORAGE BY
BUSINESSES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1
AND SECTION 11.99.
The City Council of the City of Began does ordain:
Section i,. Eagan City Code Chap �tirnatyiand byainserting the
• deleting Section 11.03 (54) in
following in lieu thereof:
54. "Outdoor Storage" - To display, stock, keep, sell
or trade outside a commercial or industrial building any
items of merchandise, supplies, materiallss,, finished goo s,
inventory or other movable property, receptacles,
motor vehicles.
Section 2. Eagan City Code tempter Eleven is hereby amended by
changing Section 11.10, Subd. 21 (D) , to read as follows: .
D. No goods offered for sale on a motor fuel station •
site shall be stored, sold or displayed outside a building
unless permitted otherwise pursuant to Section 11.10, Subd.
29, of this Chapter.
Section 3,. Eagan City Code Chapter Eleven is hereby amended by adding
Section 11.10, Subd. 29, to read as follows:
Subd. 29. Outdoor Storage by Businesses.
A. Restrictions. No outdoor storage shall-be permitted
except in the Neighborhood Business ("NB") , General Business
("GB") , Community Shopping Center ("CSC") , Regional Shopping
Center ("RSC") . and Limited Industrial ("I-1 ) Districts ls and -
upon the City Council's granting
permit. All outdoor storage shall Comply with this . •
subdivision within six (6) months of its effective date.
B. Conditional Use Permit Application. All applications
for a conditional use permit for outdoor storage shall •. include a detailed and d site e specifying
dimensions, location, material and design _off th storage
enclosure and area. •
•
C. Performance Standards and Non-Compliance.
.410
•
•
- Z0dBET P :ST 16. 50 (CN
. ., y....=
4
1. Standards. outdoor storage permitted in accordance
with Paragraph A herein shall conform to the following
standards, in addition to those standards set forth in
Section 11.40, Subd. 4 (C) : .
•
a. Outdoor storage items shall in placed
within an enclosure.
b. All such ' enclosures shall be to .
- the principal building except in the Limited
Industrial District.
e. The enclosure shall be made of terial
suitable to the building and the items o fie►
stored.
The and osura shall no sncroach into aay > �°"`'` \2
estabPl had front building setback area or other
required setbacks.
The enclosure shall not interfere with any
pedes ian or vehicular movement.
f. The items to be stored shall not exceed •
Sthe height of the enclosure.
g. The display area shall 'not take up
required parking spaces or landscaping areas.
h. The display area shall be surfaced with
concrete or an approved equivalent to control dust
- and erosion. The surface shall be properly
maintained to prevent deterioration.
f. The square footage of outdoor display
areas shall be included in the calculation of
required off-street parking for the principal use
of the property. .
•
2. Non-compliance. Failure to comply with any condition
set forth in a conditional use permit, or any other
violation of City Code provisions, shall constitute
sufficient cause for the termination of the conditional use
permit by the Council following a public hearing. .
Section 4. •Sagan City Code Chapter =even is hereby amended by
repealing Section 11.20, Subd. 9 (C) (9) :
S •
.
- i -
MEET ;E=ST 16. se (04
• s•r
Section 5. Eagan City Code Chapter Eleven is hereby amended by
changing Section 11.20, Subd. 10 (C) (1) , to read as follows:
1. Subject to Section 11.10, Bubd. 29, of this Chapter,
outdoor storage and then only conducted by an occupant of
the principal building.
Section 6. Eagan City Code Chapter Eleven is hereby amended by
repealing Section 11.20, Subd. 11 (C) (5) and (6) , and by Changing
Section 11.20, Subd. 11 (C) (2) , to read as follows:
2.. Subject to Section 11.10, Subd. 29, of this Chapter,
outdoor storage and then only conducted by an occupant
the principal building.
Section 7,. Eagan City Code Chapter Eleven is hereby amended by
changing section 11.20, Subd. 12 (C) (1) , to read as follows:
1. Subject to Section 11.10, Subd. 29, of this Chapter,
outdoor storage and then only conducted by an occupant.of
the shopping center.
Section 8. Eagan City Code Chapter Eleven is hereby amended by
changing Section 11.20, Subd. 13 (C) (1) , to road as follows:
Section 11.10
1. Subject to 11.10, Subd. 29, of this Chapter,
outdoor storage and then only when conducted by an occupant
of the shopping center.
$u i4.0__9. Eagan City Code Chapter Eleven is hereby amended by
r2e6 Bat ion changing 8action61iAZ013)Subd.dl6ecC) (5)uand0(6)u 0 .) ,
read as follows:
5. Subject to Section 11.10, Subd. 29, of this Chapter,
outdoor storage and then only conducted by an occupant of
the principal building.
6. Subject to Section 11.10, Bubd. 29, of this Chapter,
sales yards for building materials and than only conducted
by an occupant of principal building.
Section; 10. Eagan City Code Chapter 1 entitled 'General Provisions
and Definitions Applicable to the Entire City Code Including 'Penalty
for Violation' and Section 11.99, entitled 'Violation a Misdemeanor'
are hereby adopted in their entirety by reference as though repeated
verbatim.
•
•
•
i
8d BET ;) / 9E:st 36. SOWN
t
Section 11. Effective Date. This ordinance shall take effect upon its
adoption and publication according to law.
ATTEST: CITY OF RAGAN
City Council
Sys E. J. Vanoverbeke By: Thomas A. Egan
Its: Clerk Its: Mayor
Date Ordinance Adopted: ,
Date Ordinance Published in the Legal Newspaper: ,
ti
•
Sod BET
C; SE=s: Us 00 MN
• .x�•: S
w:
PRELIMINARY PLAT EXTENSION/SS. MARTHA & MARY ADDITION
Mayor Egan introduced this item as an extension of the
preliminary plat for the Ss. Martha & Mary Addition, located at the
northeast intersection of Diffley Road and Lexington Avenue in the
southwest quarter of Section 23. The Mayor said this item had been
continued from the October 15, 1991 regular City Council meeting
and said all issues had been satisfactorily resolved. He asked
Rev. George Martin, representing Ss. Martha & Mary Episcopal
Church, if he was satisfied with the resolution of issues and he
indicated he was.
Pawlenty moved, Gustafson seconded a motion to approve a one-
year preliminary plat extension for Ss. Martha & Mary Addition
located at Diffley and Lexington Avenues as presented. Aye: 5
Nay: 0
OUTSIDE STORAGE ORDINANCE AMENDMENT
Mayor Egan introduced this item as an ordinance amendment with
the City of Eagan, amending Chapter 11 (zoning) of the Eagan City
Code regarding outside storage. City Administrator Hedges
indicated that this item had been considered by the Advisory
Planning Commission at their September meeting and staff was 0
requesting additional time to circulate the ordinance amendment to
others in the business community.
Mr. Tim Wonzel, representing Tom Thumb Stores, said he had an
opportunity to review the proposed ordinance change and asked that
the City Council consider clarification in the following areas: 1)
He asked that references to "trash receptacles" be defined. He
said as presently defined, a trash barrel would not even be allowed
by the front door of the store. 2) He indicated that vending
machines had been left out of the definition of outside storage and
said they should be subject to the same ordinance requirements. 3)
Under "Standards," he requested a better definition of enclosures,
and questioned whether the enclosures used for ice chests and
propane were appropriate. 4) Also under "Standards," the ordinance
would require that no enclosure interfere with any pedestrian or
vehicular movement. Mr. Wonzel said under the strictest
interpretation, anything on the sidewalk would interfere with
pedestrian traffic and asked that minimum requirements be indicated
or the minimum space be defined.
After addition discussion, McCrea moved, Wachter seconded a
motion to continue to the November 19, 1991, regular City Council
meeting, an amendment to the City Code Chapter 11 regarding outside
storage for additional consideration of proposed technical
modifications. Aye: 5 Nay: 0 •
c99%
it 7,-
111101111 bl1/4
Nov 1 51991 % \
110 EAST 17TH STREET • HASTINGS, MINNESOTA 55033 • (612) -!O23
November 13, 1991
Mayor Tom Egan
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: Proposed Outside Storage Conditional Use Permit Ordinance
Dear Mayor Egan:
The proposed outside storage conditional use permit ordinance is a
tremendous improvement over the current ordinance because it helps
to define outside storage and the standards to obtain a
conditional use permit . The following is a list of the concerns
regarding the new proposal.
1) In Section 1, #54, the term "trash" receptacles should show
that trash barrels for customers use is acceptable.
2) In Subd 29, C.a., the term "enclosure" needs clarification
regarding enclosed and not enclosed merchandise. Does
this mean that ice chests, propane tank enclosures and
vending machines are properly enclosed already? These
items should be acceptable as is.
3) In Subd 29, C.e. , the word "any" could be interpreted as
all and that would exclude all outside storage. Maybe
. the word "safe" could be substituted.
It has been stated that vending machines are not going to be
subject to this ordinance. Vending machines take up space outside
and should be subject to this proposal.
I look forward to learning the councils position regarding these
issues at the next City Council meeting. If you have any
questions, please do not hesitate to call. Thank you.
Sincerely,
Tim Wandzel, District Manager
Tom Thumb Food Markets, Inc.
cc: Ted Wachter
Dave Gustafson
Pam McCrea
Tim Pawlenty
Dale Runkle
Agenda Information Memo
November 19, 1991, City Council Meeting
•
FORECLOSE FINANCIAL SECURITY &
AUTHORIZE AD FOR BIDS
(WILDERNESS PONDS)
B. Contract 86-RR, Foreclose Financial Security/Authorize Advertisement For Bids
(Wilderness Ponds - Streets & Utilities)—At the March 20, 1990, City Council meeting,the
Director of Public Works reported that a petition had been received from the developer of
the Wilderness Ponds subdivision requesting a feasibility report be prepared for the
installation of storm sewer. The existing storm sewer system to serve the Wilderness Ponds
development was designed and installed privately and is inadequate for the development.
Because any redesign and upgrade of this utility under a public improvement project may
result in assessments to adjacent property owners, the City Council at that time determined
that any redesign and construction of the storm sewer system was a responsibility of the
developer. As a result, the developer of the Wilderness Ponds Addition was declared in
default of the development agreement.
City staff as well as the City Attorney's Office have had numerous contacts with the
developer,his engineer, and the affected property owners. During the time between March
20, 1990, and the present, the developer has repeatedly stated that he would resolve the
problems. The developer has met with the affected property owners in attempting to
negotiate easements to do the corrective storm sewer work. The developer was unable to
negotiate the easements for reasons unknown to the City. In an effort to expedite the
process, City staff met with the affected property owners in an attempt to negotiate the
easements which the developer was unable to obtain. The residents were reluctant to
commit to easements as presented by the developer and the use of their property for
construction of the corrective storm work because there was no assurance from the
developer that he would complete the project in accordance with the agreements he had •
presented to the property owners. As a result, the City took over the project, prepared a
plan for construction which would remedy the storm sewer defect as well as address the
concerns of the adjacent neighborhoods,negotiated easements with the property owners,and
requested quotes from two different contractors working on two different contracts.
The quotes received from the two contractors were, in staffs opinion, too costly, and the
Halloween bliz7Ard stopped most all construction activities which would require bituminous
surfacing. The easements which the City was able to negotiate from the affected property
owners had completion dates of November 15, 1991. As a result,the corrective work cannot
be completed as originally anticipated.
S
Item B -Wilderness Ponds Continued
III
The two remaining unresolved issues associated with the Wilderness Ponds development are
again the defective storm sewe system and the negative escrow account balance. Enclosed 3
on pages 3 through (Q"1 are copies of the correspondence from the developer,City
staff and the affected property owners. The Director of Public Works will be available to
answer any questions which the Council may have concerning the Wilderness Ponds
development.
ACTION TO BE CONSIDERED ON THIS ITEM: To reaffirm the City Council action of
March 20, 1990, declaring the Wilderness Ponds Addition in default of the development
agreement,authorize cashing the Letter of Credit posted for the development,and authorize
the ad for bids for the corrective storm sewer work.
•
•
•
3c=2
RI i
city of ecigan •
3830 PILOT KNOB ROAD THOMAS EGAN
EAGAN,MINNESOTA 55122.1897 DAVID K.GUSTAFSOIr
PHONE:(612)454 8100 PAMELA USTAFS
FAX:(612)454-8363 TIM PAWLENTY
THEODORE WACKIER
County Menbers
THOMASFEDGCS
Coy Adnwristratm
VIA FAX EUGENE VAN OvERBEKE
Cry Ctetk
November 7, 1991
DOUGLAS TURBAK
TURBAK & BINDER
9750 COUNTY ROAD 9 SUITE 300 •
PLYMOUTH MN 55442
Re: Wilderness Ponds
Dear Doug:
Please be aware that issues associated with Wilderness Ponds will
not be discussed at the November 7, 1991, City Council meeting as
previously stated. However, it has been rescheduled and will be on
the agenda for the November 19, 1991, City Council meeting.
Please contact me at 681-4646 if you have any questions.
Sinc y,
•
Craig E. Knudsen •
Engineering Tech •
CEK/jj -
cc: Mike Foertsch, Assistant City Engineer
John Wingard, Development/Design Engineer
Pat Wilcox, Assistant City Engineer
•
•
THE LONE OAK TREE..THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY -
Equal Opportunjative Action Employer •
•
[t-; A.11$ e_
III
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•
1 ucte city of aagan
3830 PILOT KNOB ROAD THOMAS EGAN
EAGAN,MINNESOTA 55122-1897 Mayor
PHONE:(612)454-8100 DAVID K GUSTAFSON
FAX:(612)454-8363 PAMELA McCREA
TIM PAWI.ENTY
THEODORE WACHTER
Council Members
THOMAS HEDGES
CRy AdminitretOr
EUGENE VAN OVERBEKE
November 1, 1991
DOUGLAS TURBAK -
TURBAK & BINDER
9750 CO. RD. 9, SUITE 300
PLYMOUTH, MN. 55442
RE: Wilderness Ponds - Project Status
Dear Mr. Turbak
This letter is for the purpose of updating you on the status of
Wilderness Ponds. It is the intent of City staff to request
111, authorization from the City Council at the November 7, 1991 meeting
to use a Change Order on an existing contract in order to make the
necessary storm sewer improvements for Wilderness Ponds. It will .
also be requested that funds from the Wilderness Ponds Letter of
Credit be applied to the cost of the proposed improvements.
•
Please contact me at 681-4646 if you have any questions.
Sincere
C g E. Knudsen
Engineering Technician
cc: Michael P. Foertsch, Assistant City Engineer
Pat Wilcox, City Attorney
CEK/jf
III •
•
THE LONE OAK TREE..THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/ olive Action Employer -
•
l, . . .;;4,3
ilk . '`
�,,,,, _city of acicpctn 11,-,
THOMAS ELAN
3830 PILOT KNOB ROAD Mayor EAGAN,MINNESOTA 55122-1897 DAVID K. N
PHONE:(612)454-8100 PEA ,
FAX:(612)454-8363 TIM PAWLEARY
1FEODORE WACKIER
Council Members
October 24, 1991 'MOWS HEDGES
C+cy
BIGENE VAN OVEPSEKE
rry Oat
JOHN DUDYCHA • -
4505 CHES MAR DR.
EAGAN, MN. 55123 .
Re: . Proj. #86-RR -. -Wilderness Ponds
Dear John:
The City is proposing to construct a storm sewer line across the front yard area
of your lot. The City will be hiring a Contractor and the City will perform the
inspection and survey staking for this project. ,
During the recent easement negotiations, we discussed conditions that you wanted •
met before you would agree to sign the easement.
This letter is to list the conditions that shall be net as part of the proposed 0
storm sewer project.
1. The driveway shall be rebuilt to have a one inch lip at the new curb and
gutter.
2. The end of the driveway shall be rebuilt to intersect the curb and gutter
at less of an angle and to provide a radius to improve the turning
movements. -
3. A beehive casting will be installed on MH 106.
4. The landscape timbers will be replaced at the edges of the driveway.
5. You will be reimbursed for the rosebushes and daffodil bulbs which will be
removed during construction. Please send us an estimate for the price of
the rosebushes and bulbs.
6. The sod will be replaced on the disturbed portion of your lawn. •
Sincerely,
c;(4Vi■..- IIV . • • . .
John P. Wingard, P. . •
Development/Design Engineer
cc: Lane Wegener
JW/j f " . •
•
THE LONE OAK TREE..THE SYMBOL OF STRENGTH AND GROWTH U4 OUR COMMUNITY
\,........... Equal Opportunity/ ,f9tlVs Action Employe!
•
Lai
::: ......-%
citp of aagart
3830 PILOT KNOB ROAD THOMAS EGAN
EAGAN,MINNESOTA 55122-1897 Mayor
PHONE:(614)454-8100 DAVID K GUSTAFSON
FAX:(612)454-8363 PAMELA McOGA
TIM PAWIEMY
October 24, 1991 THEODORE WAOHTER
Council Members
THOMAS HEDGES
WAYNE AND MARLETE GERWING Oty Adminsvator
4501 GEES MAR DR. • - EUGENE VAN OVERBEKE
EAGAN, MN. 55123 atyGo,
HE: Project #86-RR - Wilderness Ponds
Dear Wayne and Marlete:
The City is proposing to construct a storm sewer line across the backyard area
of your lot. The City will be hiring a Contractor and the City will perform the
inspection and survey staking for this project. -
During the recent easement negotiations, we discussed conditions that you wanted
met before you would agree to sign the easement. -
This letter is to list the conditions that shall be met as part of the proposed •
IPstorm sewer project.
1. You will be reimbursed for the shrubs and sod removed at the following
prices:
$50 per shrub (estimated quantity - 15)
$3 per square yard of sod (estimated quantity i 450 sq. yds.)
The actual amount will be calculated at the time the job is finished.
2. The pond will be excavated near the outlet to create more open water.
(Estimated quantity - 12 cubic yards). .
3. The small trees to the west of the proposed storm sewer pipe at Ste. 1+00*
will be saved to the best of our ability..
4. The driveway entrance to Ches Mar Drive shall be rebuilt to provide a 1"
lip at the curb and the bituminous entrance shall be rebuilt to provide a
radius to improve the turning movements.
Since ely, .
W .-
ohn P. Wingard, P.E. •
Development/Design Engineer
0 cc: Lane Wegener
•
THE LONE OAK TREE.:THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
0• `° y
M, k�e RECEIVED SEP 2 4 199t
F
John Dudyche
1 4505 Chea Mar Dr.
P ►
Eagan, MN 55123
QO,
VP COY •
September 22 , 1991
John Wingard
Development/Design Engineer
3830 Pilot Knob Rd.
Eagan, MN 55122-1897
Re: Lot 8, Block 2, Ches Mar 1st Addition •
Project No. 86-RR, Wilderness Ponds Addition
Additional Storm Sewer Proposal
Dear John:
Thank you for keeping me posted on the continuing progress regarding
the Wilderness Ponds storm sewer project revisions. It appears that a path
from Ches Mar Drive to the pond is now being considered along the northern
edge of Lot 7 rather than along its southern edge. During the discussions
surrounding this project several facts have come to light which I feel
should be considered when the planning process is approved. The attached
diagram lists the reference points. - .
1 . The existing line capacity from Ches Mar Drive (B) to
existing Manhole 43 (C) exceeds the existing line capacity
and flow rate from (C) to the Pond (P).
2. When the line between (B) and (C) is full from road water
collected from the surrounding 6.8 acres , road water backs up
into Lot 8, it does not pass directly to the pond (P).
3. The city does not have an easement to put road water from the
surrounding 6.8 acres onto Lot 8.
4. The system as designed and installed puts road water onto
Lot 8 during periods of heavy rain. I have observed water -
•gushing out of Manhole *3 onto Lot 8 during storms.
Since the city does not have an easement to put road water water onto
Lot 8, the existing line capacity must be adjusted to atop this by matching
the downline capacity(C to P) with the road line capacity(B to C). If the
developer constructs a northern line to the pond(P), it should be designed .
to take the excess road water from the surrounding. 6.8 acres that cannot now
be accommodated by the existing line (C to P) and the existing intake line
at B should be reduced in size to match the road line (B to C) with the
known downline capacity from C to P. Even if nothing is done by the
developer, the city has an obligation to correct the existing improperly
designed and installed system that has been documented during this
discussion process.
>r. i
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RECEIVED SEP 10 1991
•
TURBAK & BINDER
Attorneys at Law-Individual Practitioners •
Douglas Turbak 9750 County Road 9,Suite 300
Glenn P.Binder* Plymouth,MN 55442
•AL.licensed In Wisconsin (612)557-0314
•
September' 9, 1991
Don Fladland
1294 Wilderness Curve
Eagan, MN 55123
Val Jurjans
4500 Ches Mar Drive
Eagan, MN 55123
Re: Wilderness Ponds
Gentlemen:
Confirming our understanding following our meeting on
September 4, 1991, you will both discuss with your spouses the
proposed solution to the drainage problem and will respond to me
as soon as possible. As you are aware, we cannot proceed
without your approval, and we would like to proceed immediately.
Sincerely,
Douglas Turbak
DT:tms
cc: John Wingard
Bob Payette
4‘,
RECEitfryi
TURBAK & BINDER AUG Z 9 1991
Attorneys at Law-Individual Practitioners
Douglas Turbak 9750 County Road 9,Suite 300
Glenn P. Binder* Plymouth,MN 55442
•ADo 1"`""d 1O W"to111n (612)557-0314
August 28, 1991
John P. Wingard, P.F. U/`
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
Re' Wilderness Ponds
Dear Mr. Wingard:
I have scheduled a meeting with the owners of Lots 35 and
36 in Wilderness Ponds. On September 4, 1991 at 3:30 p.m. we
intend to meet at the job site to discuss the new storm sewer
design. Assuming it meets with their approval, we intend to
solicit bids immediately thereafter. .
Sincerely,
Douglas Turbak
DT:tms
cc: Val Jurjans
Do:t Fladland
Bob Payette
44 1
AUG / 3 f991
TURBAK & BINDER
Attorneys at Law-Individual Practitioners
Douglas Turbak 9750 County Road 9,Suite 300
Glenn P.Binder* Plymouth,MN 55442
.Also licensed in Wisconsin (612)557-0314
August 12, 1991
John P. Wingard, P.E.
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
Re: Wilderness Ponds
Dear Mr. Wingard:
Confirming our phone conversation today, the City of Eagan
continues to insist that it is in no manner responsible for
correcting Mr. Dudycha's and Wilderness Ponds' storm sewer
problem. and that full financial responsibility rests upon
Wilderness Ponds, Inc. Consequently, because of the design
changes made by you earlier this month, it now appears less
expensive for us to install a new storm sewer line running north
instead of through Mr. Dudycha's property. We will furnish you
with a new plan as soon as possible, probably within two weeks.
If the City of Eagan changes its posture regarding
responsibility for this problem, please notify me immediately.
Sincerely,
Dougla Turbak
DT:tms
•
RECEIVED-AUG 12 1991
TURBAK & BINDER
Attorneys at Law-Individual Practitioners
•
Douglas Turbak 9750 County Road 9,Suite 300
Glenn P. Binder* ' Plymouth,MN 55442
*Also licensed in Wisconsin (612)557-0314
August 8, 1991 TIAQ v. 1- ; It
Sohn P. Wingard, P.E.
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
Re: Wilderness Ponds
Dear Mr. Wingard:
Confirming our recent phone conversation, you have met with
Mr. Dudycha and neither he nor the City of Eagan wishes for us
to proceed at this time with the storm sewer construction as
0 designed in the plans set forth in Craig Knudsen's letter of May
22, 1991. We shall all continue to work towards a design
acceptable to Mr. Dudycha.
Sincerely,
Douglas urbak
DT:tms
•
.
L-k
3
lil] =•..
MIA _city of aacpan • 0
3830 PILOT KNOB ROAD THOMAS EGAN
EAGAN,MINNESOTA 55122-1897 Maya
PHONE:(612)454-8100 DAVID K.GUSTAFSON
FAX:(612)454-8363 PAMELA McCREA
TIM PAWIENTY
THEODORE WACHTER
Council Members
August 6, 1991 THOMAS HEDGES
City Administrator
EUGENE VAN OVERBEKE
MR DOUGLAS TURBAK City Clerk
TURBAK & BINDER
9750 COUNTY RD 9
SUITE 300
PLYMOUTH MN 55442
Re: Wilderness Ponds, Project #86-RR
Dear Mr. Turbak:
This letter is a follow-up to our phone conversation on July 31,
1991. I met with Mr. John Dudycha, the property owner of Lot 8,
Block 2, ChesMar 1st Addition, on Friday, July 26. John and I
reviewed the storm sewer layout that Sathre-Berquist prepared and
I tried to explain to John what the impact would be to his property
from this new storm sewer system. After we reviewed the plan, John 0
felt that his property would be affected by this new storm sewer
and his house could be flooded easier. Therefore, he will not sign
the easement with the layout as shown. John feels that the flow of
the 24" pipe where it ties into the existing 15" pipe will cause a
hydraulic backup that could flood in his backyard and flood his
walkout. He would like the storm sewer to be extended all the way
down to Pond BP-11.
Since Mr. Dudycha will not sign the easement, our project cannot
proceed. Please resolve this impasse as best as you can and as
soon as possible. The City would like to get this storm sewer
system installed yet this fall. Therefore, we would like a
response from you by August 22,1991, on how you plan to proceed to
resolve the drainage problem on Wilderness Ponds.
Vyt
hn P. ; ITingard, P:E. .� .-
*-13evelopment/Design`Engineer •
JPW/jj .
cc: Mike Foertsch, Assistant City Engineer
Tom Colbert, Director of Public Works •
John Dudycha, Property Owner
Sathre-Berquist, Engineer •
THE LONE OAK TREE..THE SYMBOL OF SIREN ' GROWTH IN OUR COMMUNITY
Equal Opportunity/Aff' nt v Employer
•
RECENED
JUL 25f99
TURBAK & BINDER
Attorneys at Law-Individual Practitioners
•
Douglas Turbak 9750 County Road 9,Suite 300
Glenn P. Binder* Plymouth,MN 55442
'Also licensed in Wisconsin (612)557-0314
July 22, 1991
John P. Wingard, P.E.
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
Re: Project No. 86-RR
Dear Mr Wingard:
Confirming our recent phone conversation, you are
proceeding to obtain the necessary easements. Until such task
is completed, we are unable to proceed.
• Sincerely,
Douglas Turbak
DT:tms
cc: Craig E. Knudsen
•
c
TURBAK & BINDER
Attorneys at Law- Individual Practitioners
Douglas Turbak 9750 County Road 9,Suite 300
Glenn P. Binder* Plymouth,MN 55442
•A1..licensed in Wisconsin (612)557-0314
•
June 6, 1991 •
Craig E. Knudsen •
Engineering Technician
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
t
Re: Wilderness Ponds
Dear Craig:
Regarding your letter of May 22, 1991, you should know that
Wilderness Ponds, Inc. is, and has for some time been, fully
prepared to perform the corrective storm sewer work (the full
ultimate financial responsibility for which we are not prepared
to accept, however) . The delay is caused solely by the owner of
Lot 8, Block 2, Ches Mar First Addition.
Mr. Dudycha is asserting that the plans as designed by
Sathre-Bergquist and as approved by your office are defective.
I am continuing to work vigorously and expeditiously with Mr.
Dudycha to achieve a design acceptable to him (as well as to
your office) , but we are unable to proceed as long as Mr.
Dudycha objects.
I appreciate your continued assistance, and if you have any
suggestions I would appreciate them also.
Sincerely,
Doug Turbak
DT:tms
cc: Rick Sathre
John Dudycha
•
• 14 (19
•
•
amity of aagan
3830 PILOT KNOB ROAD THOMAS EGAN
EAGAN,MINNESOTA 55122-1897 mew
PHONE:(612)454-8100 DAVID K.GJSTAFSON
FAX:(612)454-8363 PAMELA MCCREA
TIM PAWLENTY
THEODORE WACHTER
May 22, 1991 Council Members
THOMAS HEDGES
MR. JOHN DUDYCHA City Aown6tf°`o
4505 CHES MAR DRIVE EUGENE VAN OVERBEKE
ON Clerk
EAGAN, MN. 55123
RE: Lot 8, Block 2, Ches Mar 1st Addition
Project No. 86-RR, Wilderness Ponds Addition -
Additional Storm Sever Proposal
Dear Mr. Dudycha:
At our meeting on April 4, 1991, you requested that the City compute the volume
of water that could be stored in your backyard low area. Enclosed is the
computation sheet used by the City to determine the storage volume.
Also, enclosed is a copy of T.P. 40, which shows the rainfall amounts in inches
versus rainfall frequency in years for the Eagan area. The enclosed Table 1
shows the runoff coefficients (C Value) that the City uses for different rainfall
40 events and land use types.
I hope that this information is useful to you during your review of the storm
sewer modifications proposed on Ches Mar Drive and along your northeast property
line. Please call if you need any further information. •
At our meeting on April 4th, you also requested a copy of the storm sewer design
calculations for the proposed storm sewer modifications along your northeast
property line. Rick Sathre, the design engineer for the Wilderness Ponds
Addition agreed at the meeting to send this information to the City. Then the
City would forward this information to you along with the calculations used to
determine the pond storage volume in your backyard. The City has tried many
times to encourage Mr. Sathre to provide the storm sewer design calculations, but
he has not provided us with this information yet.
Sincerely,
9t11,4N_ 14/1.51re„■-L---
•
John P. Wingard, P.E.
Development/Design Engineer
cc: Michael P. Foertsch, Assistant City Engineer
Douglas Turbak, Wilderness Ponds, Inc.
Rick Sathre, Sathre-Bergquist, Inc.
JW/jf
•
THE LONE OAK TREE..THE SYMBOL OF S • 'GTH AND • ROWTH IN OUR COMMUNITY
Equal Opportunity/ f. 4 • Employer
p -J1
I�1
IL
__��‘‘Itt _city of aagcin •
1
3830 PILOT KNOB ROAD THOMAS EGAN
EAGAN,MINNESOTA 55122.1897 Maya/
DAVID K
1 45a 8100 �
PHONE.(6 2) TAf SON
FAX.(612)454-8363 PAMELA MCCREA
TIM PAWLENTY
THEODORE WACHTER
Council Members
THOMAS HEDGES
C.y Adra ssuara.
May 22, 19 91 EUGENE VAN OVERBEP-E
City Clerk
CERTIFIED MAIL
DOUGLAS TURBAK
TURBAK & BINDER
9750 CO. RD. 9, SUITE 300
PLYMOUTH, MN. 55442
RE: Wilderness Ponds - Project Compliance
Dear Doug:
Enclosed is a copy of the proposed storm sewer improvement for
Wilderness Ponds. In order to insure adequate storm water
protection, the City is requesting that you have these improvements
installed by June 15, 1991. As you are aware, the City has 410
declared this development to be in default of the Development
Agreement and failure to install the storm sewer improvement by
June 15, 1991, will result in the City taking corrective actions.
In addition, further notice may not be provided if it is determined
that additional items associated with the Development Agreement are
not incompliance.
Please be aware that all costs are the responsibility of the
Developer and the Letter of Credit may be collected at any time
after June 15, 1991 if the project remains in the current non
complying status.
Please contact•me at 454-8100 if you have any questions.
-- Sincerely,
c:;; ; ! 9 4P44.1,... ..1-------
Craig E. Knudsen
Engineering Technician
cc: Michael P. Foertsch, Assistant City Engineer
Pat Wilcox, City Attorney
John Wingard, Development/Design Engineer
Thomas A. Colbert, Director of Public Works
CEK/jf 111
THE LONE OAK TREE..THE SYMBOL OF ' TH AND GR"WTH IN OUR COMMUNITY
Equal Opportunity/ ,ir- a f• •., mployer
liZc
IL.._ -
i: SE�VERSON,WILCO%&SH LDON P.A.
MAY g
• M .
' 1991
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
: `;4;;:, ' - - KENNETH R.HALL
LARRY8.SEVERSON' :" -: ***SCOTT D.JOHNSTON
i. JAMES F.BHELDON � Epp MIDWAY NATIONAL BANK BUILDING LOREN M.SOLFEST
1 J. PATRICK WILOOTC .4 7300 WEST I47TH STREET CHRISTINE M.SCOfILIA
MICHAEL 0.DOUGHERTY - APPLE VALLEY, MINNESOTA 66124 ANNETTE M. MARCARIT
MICHAEL E.MOLFNDA"" (612) 432.3136 DANIEL M.SHERIDAN
i ▪ _ SHARON K.HILLS
.. J : - TELEFAX NUMBER
..n' ±;`-7: - .-. OFCOUNSEI.
•ALSO LICENSED IN IOWA ' . JOHN E.WRELICH
"ALSO LICENSED Di wacoNSDF'==, ;:-.-4. -- - -- '
•••ALe0 LIMBED DiNIEI AIRA"° `„-` - ' •
May 8, 199k.`:. • - •
Mr. Mike Ft etti h
•
•
Asaistan elt.`Engineer
City of Sager=:::=::: -
3830 Pilot.blob Road - '
' P.O. Box 2x'1.99_;=..:..: -
Eagan, 1 iltheavta 55121 -•
M;• Craig- tfse: -
Enbineerinf.IfichniCian
City of lager -
3830 Pilot .Bold`
i 410 P.O. Boot 2•ii99:
Ragan, Miabaintei=55131 -
•OVA : .
Re:- ,Ui:ldet >ik•Pont -
Dear Mi I te and.Craig/
In accordaii With our discussion at your offices yesterday, it is my
understanding the'City now has finalized a definite plan for the correction
of the stedik.ii lwet defects at Wilderness Pond, but.that you would still
rather baaa. i bsti de,the repair if possible.
As you kn t the City Council. held Turback in default of his Development
Agreement :==ifs 8arch. 20, 1990 meeting. Additionally,y, both the City and I
have sent: demands to correct various defects at. the subdivision
cuiinatl fit . "meting with Turback last s>:m<mer when he promised to •
correct a1i=`cf --tt1 r noted items Within an agreed upon timetable. The agreed
upon-ti>ele W!)ii. not met by Turback and many of the defects either were
repairea(iBetalLa-fbf he City last summer or fall or, like the storm sewer,
remain unr sd --, .
Based upon..tom history of Turback's default, I do not believe that legally •
we need giiiii. )iit any fore opportunities to cure the defects. However, in •
the spirielot attempting to resolve this matter one more time without the
• City bav dct the storm sewer repair through its own forces, you may
-A 4-' •-•Pr - • -
r •
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ik CI
•
MIIMMIMMM
•
•
..........................T.„1"..ervir. . .., _ . , , _ _ _ ._______-__-_—_______.____
i
•
Kr. Michael
Mr. Crai lCb' .= •
9.krintse
y 8. 190 : ,. < -
Pege 24V
wish to} ��
lone last
specif tr prepare a�lee=° erect the sewer defect. If so to Turback containing Zpecifj a` � corrective action, set up a the plans and
final c tion of definite
and return to us a specific letter remedial work, aan
time fester;st�:h jle in strict accordance City's of•intent and
further advise with the Citp'a requirements.
not recem � - 1 within, for advise Turback that if that lr i
• proceed It4:dh ::a - the co example, sever] days, letter then
pooces a f the corrective storm sewer work utilizing, the City win] then
:� ii �° through Turback's letter o its own
In thief e�anld credit.
not baeit� tl ors also note 11"
t� or. bave not been �Y other deficiencies which
Is this , #roitld recommend ch still have
pprbthi om mend thati°ew City's satisfaction.
ctit-aad all "developer defaults" the existing status of the •
etive
which r
which action. For squire corrective
City's sfeactfonphe new keystone wall
following iitiag Letter of Credit, would
tr} r s, that we can discuss them. You Please meeting:
the
2 - -hack our next meeting.
} wit . does cost of sewer work and the City must
Cit
_ _ ��:'�! the sew including
involved.
and
escrow accounts. to '
ii'tttttMl, legal and ensure that we are aware of
' •6acouat as all charges charges which spa prior
�"- �,.Which the both external and made
i scarred
grading, erosiontbis past stmmmr and fall in
. ;�; a done so. etc. at the Project
•
:,F?•- "5':'� ...17:::. of ter
' - it defects which will assn to be addressed.
. 'defects. possibly could be incurred Please
' eats.
4. do to the direct costs of repair of
t
•
he (what the City further draw from the
Letter 1eb new construction thigh its, , }
•
s.s •.
N<1) . .
1•11111111=11111r
• i s -
a
2 Y
• '� Fb i
_ t
Mr. *ichM -
Mr..Craig''h'tnit t
lay8, 1991 A - .
Page 3 _� .,� y:, _
'Li: it is sy understanding that the
Haled ? :�naersatioa with Craig todeY, roziioata mu of
' existing Ltft(ir at Credit is presedtly in the app and assuming
89.000%QB :_Q :have ascertained rep03� work. bal'3i amounts should then
-that ?urb t dQ the required tin one
total'all` €� be's-requested numbers and withdraw this amour
draw frum
Letter of Credit. Upon doing so, we would then -
- advise_Turb$ct, t.we have made the draw and further. advise him that any . .
• vveragef,"# `at's- a,-be Leered to his once 011 of the applicable •
warrent$ -,. -em bad run.
• = specifications ication• in
i~= arrange a meeting
�If yt�t �'�,ren►3,o+r that financial data and week arrang
- , 'the next _chits-•t"will telephone you
ition regarding this natter. I£, in the meantime, you
IA f inalis�t=a. l convenience.• please feel. free to call me at your
y
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TFIOMA,S EGAN
3830 PILOT KNOB ROAD NbS E
EAGAN,MINNESOTA 55122-1897 gyro K.ayor N
PHONE:(612)454.8100 P D K. MdREN
FAX:(612)454.8363 TIM PA■VLENTy
•
THEODORE WACH TER
Council Members
THOMAS HEDGES
City Administrator
August 23, 19 9 0 EUGENE VAN OVERBEKE
C y Oerk
MR JOHN DUDYCHA •
4505 CHES MAR DRIVE •
EAGAN MN 55123
Re: Lot 8, Block 2, Ches Mar 1st Addition •
Project No. 86-RR, Wilderness Ponds Addition
Additional Storm Sewer Proposal
Dear Mr. Dudycha:
I have reviewed your letter of July. 27 wherein you expressed
concerns regarding the proposed storm sewer modifications within
Ches Mar Drive to handle the runoff associated with the, 40
southwestern portion of the Wilderness Ponds development. After
further evaluating the benefits of this original proposal submitted
by the developer, the Engineering Division has determined that it
would not be in the best interests of all parties concerned,
including yourself. Therefore, the developer is revising his
proposal that would provide for additional storm sewer being
constructed along your northeast property line and connecting to
the existing storm sewer system downstream from the manhole that
presently provides aatic drainage
of th t proposalowhich iso beingEnclosed
please find a schematic further
. refined through the design process.
Once this has been fully investigated, the City and/or developer
will coordinate a meeting with you and your neighbor to the north
to review this proposal and explain the issues associated with it.
This project is being coordinated by Mike Foertsch, Assistant City
Engineer. Please feel free to communicate with him regarding your
concerns and desires to help the City work with the developer in
achieving a satisfactory solution to the current drainage problem
being experienced in this general area. -
•
i
THE LONE OAK TREE..THE SYMBOL Of ' NGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/ r at - r Employer
•
Page 2
Let me assure you that the City is sensitive to your concerns and
the drainage history associated with your parcel and will take -
those issues into consideration it trying to achieve this final
solution. Your cooperation through this process will be greatly
appreciated by all parties involved.
Sincerely,
4fgZA3fi4--
Thomas A. Colbert, P.E.
Director of Public Works •
TAC/7j '
cc: Mike Foertsch, Assistant City Engineer
Wohningard, Development/Design Engineer
Rick Sathre, Sathre-Berquist, Inc.
Enclosure
RECEIVE MC 13 ��
SATHRE - BERGQUIST , INC . •
iv
150 SOUTH BROADWAY WAYZATA, MN 55391
FAX 476-0104
�Q (612) 476-6000
August 8, 1990
Mr. Douglas Turbak
WILDERNESS PONDS, INC.
9750 County Road *9
Plymouth, Minnesota 55441
SUBJECT: CHES MAR DRIVE STORM SEWER MODIFICATION
Dear Mr. Turbak:
Enclosed are copies of a proposed plan for storm sewer modification and
the supporting engineering calculations for your review and forwarding
to the City of Eagan.
The goal of our efforts has been to design a modified system which will
cure the flooding problems in WILDERNESS PONDS (Lots 36 & 35, Block 2),
that are in need of curing since walkout basement homes were built on
these two lots.
The Storm Sewer modifications shown will require the cooperation of the
City and the owners of Lot 7 and 8, Block 2, CHES MAR FIRST ADDITION.
The plan contemplates construction in the street and down the driveway
of Lot 8.
The City probably does not have the utility easements necessary.
It is our hope that the City, as their contribution to solving the
problem, will agree to negotiate the acquisition of the necessary
easements.
Mark Sivula and I visited the site on August 6th. We talked to the
owner of Lot 35 and reviewed the overall situation.
• In the process of checking the existing storm sewer, we discovered that
a wooden flower box had washed into the system and was lodged in the
pipe on the west side of the catchbasin in front of Lots 7 and 8, Block
2, CHES MAR FIRST ADDITION. The box was stuck in the pipe opening and
blocking much of its capacity. If this box was lodged before or early
in the recent severe storm it would have greatly restricted-the storm
sewer flows. We removed the box from the pipe and brought it back to
the office.
S
•
I believe that we should meet now with Tam Colbert or Mike Foertsch at
the City. Please get back to me on this.
Sincerely,
SATIRE-BERGQUIST, INC.
‘1%'PAA6.1
Richard W. Sathre, F.E.
RWS/dm
enclosures
I
sRS SU"fieF
W 9 SATHRE - BERGQUIST , INC .
•
t T 150 SOUTH BROADWAY WAYZATA, MN 55391
co (612) 476-6000 FAX 476-0104
4'4‘gS ?‘P Xoce yq,o
CHES MAR DRIVE STORM SEWER MODIFICATIONS
I. Check capacity of existing 15" PVC pipe at proposed ST.MH.2
connection using the rational method. •
Total tributary drainage area (A) = 9.55 acres (see Exhibit A)
Coefficient of. runoff (C) = .4 (assumed)
Time of concentration > 20 minutes.
Rainfall intensity (I) = 100 year storm basis
Q = CIA = Flow Rate in C.F.S.
A) From Exhibit B The maximum flow rate (Q1) to proposed
ST.MH.2 is at 20 minutes (22.5 CFS)
B) From Exhibit C (sewer pipes) the capacity of the existing
15" PVC flowing full with no head> 22.91 CFS
C) Therefore the existing pipe capacity is adequate to convey
100 year recurrence interval flows.
II. Check capacity and water depth at 15" RCP inlet on Lot 36, Block
2, WILDERNESS PCNDS during 100 year storm.
A) Exhibit D shows flow rates to the existing 15" pipe during
different 100 year storms (Q = CIA)
A = 1.5 acres (From Exhibit A)
C = .4 (assumed)
I = 100 year intensities
B) Study the effects of different storms to determine the
critical storm. Exhibit E shows the theoretical flow rate
of the 15" outlet pipe. Rates of up to 5.1 CFS are
possible. Exhibit F, G, H, I, J and K examine 100 year
storms of 15 to 80 minutes duration. Exhibit G is for the
20 minute duration which is the most critical. In this
storm the outflow rate peaks at 2.7 CFS and the stored
volume peaks at 973 cubic feet.
•
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DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 27 It 27A 3
% Y --- f HIGHWAY NO. _ ::+�-+'r8 32 ( CLIFF le; -•
dia
m
John Dudyche
4S0S Ches Mar Pr.
•
Eagan, MN 55123
July 27, 1990
To Colbert
Pirector of Public Works
311110 Pilot Knob Rd.
Eagan, MN 55122
Des Mr. Colbert:
I have had some recent discussions with John Wingard, the
Design/Development Engineer from your office, concerning a request by the
developer in the Wilderness Pond area to modify the storm sewer line on lot R ,
Rinrk 7, Ches Mar First Addition. I have since learned that there is -a
substantial history associated with this sewer line. I scheduled a time with
John Wingard to come in end review the file on this property July 17, 1990.
Upon arriving to do so I was informed that 'I could not see this file after all
until the city's attorney had reviewed it due to past litigation. My trip was
•
welted. I was told by phone yesterday that the file was now available and I
will attempt to review if next week . However, I did not wish to delay further
a written response to' the developer's suggestion and will add to this response
Teter if the file information proves pertinent .
As the enclosed diagram shows , the developer proposes to run his line
directly into the line running through our property, Lot 8, so as to increase
the flow of water from his properties by directing it into the sewer line
Mired of the Ches Mar Drive street line water. This home has had one incident
of water in the basement since my wife purchased it in July , 1987. This
occurred in July , 1987, one week after she moved in. This was , not
coincidentally , only a little more than one month after the developer first
hooked his line up to the existing sewer line. Now he wants even more water
directed into this line. We do not want any more water directed into this line
than is presently occurring due to this experience which was reported to your
office to July , 19R7. Such a mortification may require substantial size
modifications on the entire line to handle the increased flow. This could
necessitate major costs and involve significant construction/digging damage.
The enclosed diagram shows the present route and proposed route for the
storm sewer line. If the proposed modification is made, water draining from
the street will be unable to enter the sewer system ahead of the developer's
lot drainage. Since water now apparently backs up on the developer's
property, it. seems the existing pipe cannot handle both. Letting water beck up
in the street , which would make it impassable and then flowing down the hill
to flood our property is a poor solution given the problems on this lot
previously reported to your office.
Prior to the purchase of this house I called the Eagan Water �!
fl"pertment/Public Works f)epertment to see if there had been any prior water
problem associated with this property. I was told there had been none. After
the July, 1987 incident my wife and I came to your office to investigate what
• the existing storm sewer system was designed for and what the cause of the
backup was and we were again told that there had never been any water problems
known to be associated with this property. I have since learned that our
property file is the thickest in your office and that the city was still in
the midst of a lawsuit for water damage to this property at that very moment.
We do not want a repeat of the July. 1987 incident or of the earlier
incidents caused by an improper sewer line design. Putting more water into
this line appears to deliberately make that more likely. Future damage cc+uld
occur long after the developer has left the scene and we do not wish to pay
sewer line assessments now or in the future which merely benefit the developer
now and place us in a more precarious situation. The alternative drainage
solution which drains his water to the east instead of to the west appears
preferable.
I would like to speak with you directly in the event that the developer's
suggestion is adopted so that I may understand the factual assumptions which
would form the basis for such a decision.
Sincerely,
)e4/ fd;teriftrt_
•
, ' John Dudycha
•
•
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`______________
LoP
RECEIVED JUL 5
`��EAS sog1R
0
W Ai% 9 SA t' I1ttt_ - tiFtfl Ct QUIS T , INC ,
y 150 SOUTH BROADWAY WAYZATA, MN 55391
(612) 476 6000 FAX 476-0104
6/is Pvt'
July 3, 1990
Mr. Craig Knudsen
CITY OF EAGAN
3830 Pilot Knob Road
Eagan, Minnesota 55122-1897
SUBJECT: WILDERNESS PONDS
Dear Craig:
As Doug Turbak indicated in his June 28th letter to you, I met with Mike
Foertsch on the 29th of June. Mike supplied a City map and additional
data needed to better understand how the City has modified the Ches Mar
Drive storm sewer. This modified system was expanded with the
WILDERNESS PONDS construction.
• Mike and I discussed an approach to constructing further storm sewer in
and just west of Ches Mar Drive. Basically, we seek a way to create an
overflow path for storm water that will protect the house.on Lot 36, in
WILDERNESS PONDS, in the event of an extreme rainfall event.
We are scheduling a survey crew to gather additional elevation data. We
then plan to design, and submit for City review, additional storm sewer
plans. I told Mike we will respond to the City with the plan during the
week of the 16th of July.
Although we are committed to the effort to solve this potential problem;
I continue to be disappointed and disturbed that the City building
inspection department would issue a building permit to build a walkout
basement on what we designed as a non-walkout lot. Your procedures
should be amended to check for proper lowest floor elevations and
drainage.
In summary, we are working on our design and will have information to
you shortly.
Sincerely,
SATHRE-BERGQUIST,
, I
Richard W. Sathre, P.E.
President
(C2•
TURBAK & BINDER
Attorneys at Law-Individual Practitioners -�CL�.1 .q
Douglas Turbak 9750 County Road 9,Suite 300
Glenn P. Binder* Plymouth,MN 55442
•m.o licensed in w;aauin (612)557-0314
June 15, 1990
Mr. J. Patrick Wilcox
600 Midway National Bank Building •
7300 West 147th Street •
Apple Valley, MN 55124.
Re: Wilderness Ponds
•
Dear Pat:
Since our meeting on June 6, I have been working feverishly to
comply with your demands, and I shall continue to do so.
Regarding the cut in lots 8 and 9 made by Lloyd Hjelle, Rosemount
Gardens has been hired to erect a retaining wall. Construction
is scheduled to begin this month, perhaps as early as next week.
The project includes work on both lots and excavation on lot 9,
leaving lot 9 ready for home construction and both lots
acceptable to the city.
Regarding the storm sewer problem, Sathre-Bergquist is working as
diligently as possible on a design solution. Hopefully I will
have a proposed solution sketch to attach to this letter. They
were quite pleased to learn from your statements at our meeting
that the City's existing storm sewer is not underdesigned. Rick
Sathre and Bob Payette continue to work with your engineers, and •
assuming the solution now proposed is acceptable to the City,
construction will commence as soon as a contractor can begin.
I met with the homeowners adjacent to the north side of lot 5. .
We decided that a privacy fence on their property will not
suffice. Ths foliage and/or privacy fence must be directly
beside the lot 5 driveway. I am proceeding as quickly as •
possible with plans for extending the existing driveway to the
east. This project will include a retaining wall, as well as
landscaping to solve the privacy and erosion problems for the
adjacent homeowners.
June 15, 1990
410 J. Patrick Wilcox
Page 2
Regarding erosion on lots 11, 27, and 32, black dirt will be
hauled as well as seeding and mulching done immediately.
Sincerely, .
Douglas Turbak
DT/gh
cc: Craig Knutson .
Mike Foertsch
. ._
•
(1) .
RECEIVED JUtl 11
SEVERSON,WILCOX&SHELDON,P.A.
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
KENNETH R HALL
JAMES F.SHELDO N• "'SCOTT D.JOHNSTON
JAMES PATRICK K WILCO 600 MIDWAY NATIONAL BANK BUILDING JOSEPH P.EARLEY
T. RENCEK DURKIN 7300 WEST 147Th STREET LOREN M.SOLFEST
MICHAEL G.DOUGH APPLE VALLES�MINNESOTA 55124 CHRISTINE M.SCOTILLO
MICHAEL E.DO LENDA'Y (612) 482.8136 ANNETTE M. MARGARIT
MICHAEL I MOLENDA•• DANIEL M.SHERIDAN
PAUL J STIER TELEFAX NUMBER 4323780
OF COUNSEL:
ALSO LICENSED IN IOWA JOHN O. COUNS L.
"ALSO LICENSED IN WISCONSIN
••ALSO LICENSED IN NEBRASKA
June 8, 1990
Douglas Turbak, Esquire
9750 County Road 9
Suite 300
Plymouth, MN 55442
RE: City of Eagan
Wilderness Ponds, Block 2
Dear Mr. Turbak: •
In confirmation of our discussions and agreements at our meeting at the City
of Eagan on June 6, 1990, the following are the proposals, submittals and
work we will expect from you and/or your agents or contractors.
I. STORM SEWER,
Your engineer's written proposal specifying alternatives to correct the
current drainage deficiencies generally occurring in the vicinity of
Lots 34, 35 and 36 of block. 2 of the Wilderness Ponds Addition is to be
received by Michael Foertsch by the end of the business day on June 15,
1990. Each alternative shall include the engineering data and all
supporting analysis which demonstrates the feasibility of each
alternative presented. As discussed, upon your engineers request,
Michael Foertsch will furnish it with whatever requested data the City
has.
II. EROSION PROBLEMS
A. Retaining Wall at Lots 8 & 9
•
As discussed, the City will not issue
C icat
Certificate toftct Occupancy
for these lots until a properly engineered
retaining wall is erected as required in your Development
Agreement and in the plat document to the close of the business plans
day on June 15, 1990, you have agreed
•
•
•
Douglas Turback, Esquire
June 8, 1990
Page Two
and proposal to Mr. Craig Knudsen at the City of Eagan. As the
current hill cut extends into both lots, it is the City's position
that your proposal should include a common retaining wall
extending across both lots as this will, obviously, be necessary
when a home is constructed on lot 9 and doing the "Joint" wall at
this time would obviously be the most cost effective and
environmentally sound method of solving these problems.
If you refuse to build a joint wall at this time, the City will
review your separate proposals for lot 8 and for lot 9 for
possible approval, but in that event further remedial action may
be required by the City at such time as a home is built on lot 9.
In either event, your written proposal must include not only the
details of the retaining wall but also what measures you will take
to prevent further erosion and to clean up the current siltation
and other erosion which has occurred at the, generally, easterly
side of lot 8 extending into the pond'. Additionally, if you
• propose to do any fencing, that should be noted and specified in
your proposal and accompanying. plan. Once again, your written
proposal and plans must be submitted by you and/or your
contractors by June 15, 1990.
B. Trees and Debris
You and Mr. Hjelly have agreed that all of the dead trees and
debris which are currently piled up along the front of lot 9 will
be removed by you and/or Mr. .Bjelly not later than June 15, 1990.
The City further requires that you and/or your contractors clean
up all of the silt which has flowed off of lot 9 onto Wilderness
Lane and that you will keep this area clean in the future.
C.. Driveway.for Lot 5
Pursuant to your Development Agreement and plat, you are required
to provide screening to the lots to the north of your lots .5 and
6. While Exhibit B specifies that you will provide trees and
landscaping in this area, you have requested the City.to consider.
fencing instead. As discussed, the City Planning Department will
consider your suggested fencing, and your written proposal and
•
plans to provide the required screenings and cure the current
erosion problems along that strip of land must be submitted to
City Planner Jim Sturm by the close of the business day on June
15, 1990.
. .
_ .
. _
•
- - r
z
• f.-t. - "": 1-1 .
Douglas Turback, Esquire
June 8, 1990
Page Three
D. Lots 11, 27 and 34
On June 7, 1990 you and Craig Knudsen discussed the specific
corrective action needed for each of these lots. To summarize,
the lots need the following corrective work:
Lot 11
Lot 11 requires regrading, additional topsoil, seeding and
mulch
Lot 27
Lot 27 requires additional top soil, seeding and mulch
•
Lot 34
Lot 34 currently has slopes which exceed the City's 3 to l
limit. These areas must be regraded so that they do not
exceed the 3 to 1 maximum slope requirement and you must
repair the erosion damage which has been caused by water and
silt running off of your lot 34 onto abutting lot 35.
Following this regrading and repair, all of lot 34 will need
new top soil, seeding and then mulching.
As previously discussed, your contractor is to contact Craig Knudsen
not later than June 11, 1990 to commit to these repairs on lots 11, 27
and 34 and the remedial action must be completed not later than June
15, 1990.
As discussed at our meeting, the City remains hopeful that you and your
agents will comply with the above specified and agreed upon deadlines and
that these specific matters will be amiably resolved in the immediate
future. However, so that there is no possible misunderstanding, it is the
City's position that it has been more than generous in allowing you time to
cure these defects and if the above specified deadlines are not complied
with, no further extensions will be granted. In that event, the City shall
have no alternative but to pursue all of its legal rights and remedies,
including, but not limited to, arranging to have the remedial work done by
alternate forces and making additional draws against your Letter of Credit
to cover all costs and damages incurred in achieving this corrective work.
•
•
ld
•
•
•
Douglas Turback, Esquire
June 8, 1990
Page Four
•
We look forward to receiving your written proposals and plans by the above
specified agreed upon deadlines.
Very truly yours, • , •
SEVERSON, WILCOX & SHELDON, P.A.
J. Patrick Wilcox
JPW/cmr
•
cc: Thomas Colbert
Jiro Sturm .
Mike Foertsch
Craig Knudsen
41, Jon Wingard
•
•
• C`•fv Dip, 4 .
•
TURBAK & BINDER
•
•
Attorneys at Law-Individual Practitioners
Douglas Turbak 9750 County Road 9,Suite 300
Glenn P.Binder* Plymouth,MN 55442
'Also licensed in Wisconsin
(612)557-0314
April 12, 1990
Thomas A. Colbert
Director of Public Works
City of Eagan •
3830 Pilot Knob Road
Eagan, MN 55122-1897
Re: Wilderness Ponds
•
Dear Mr. Colbert:
I assume you know that a storm sewer problem exists in the
southwest corner of Wilderness Ponds. I assume also that you
• • are aware that since last fall Michael P. Foertsch of your
office has discussed this problem in depth and frequently with •
me and with the Sathre-Bergquist engineers. I was most recently
told by Mr. Foertsch that the City of Eagan is now assuming no
responsibility for solving the problem. .
•
Mr. Colbert, it is now time for you to become personally
involved. As the developer, •we are obligated to complete the
project according to the plans and specifications approved by
your office. This we have done. If you continue to avoid
acknowledging responsibility for your mistake, litigation will
soon follow.
°i^..^..E2'.ely,
•
Douglas rbak
DT/gh
cc: Thomas Egan
David K. Gustafson
Pamela McCrea
•
Tim Pawlenty
Theodore Wachter
Rick Sathre
III
•
_ -
0010.3
Page 24/EAGAN CITY COUNCIL MINUTES
0 March 20, 1990 •
PROCLAMATION/AMERICAN HOME WEEK
N�:�'tesq Nu,vesd, Pawle411 y but:milled, a ImA iou to approve a Ieau1uLl(f
entitled, American Home Week, proclaiming April 29 - May 5, 1990, as
American Home Week in the City of Eagan. Aye: 5 Nay: 0 R-90.17
VISITORS TO BE HEARD
Mr. Gordon Byers of 4825 Eriks Boulevard, approached the Council
requesting a 1' variance to the sideyard setback requirements in order
to extend his home 1' . Mr. Byers had obtained his neighbor's approval
but was unaware he needed to go through the variance application process.
Wachter moved, Gustafson seconded, a motion to continue the variance
to the April 3, 1990, regular City Council meeting contingent upon the
applicant going through the variance process. Aye: 5 Nay: 0
RAHN ROAD PROJECT/PROJECT 584
After discussing the results of the neighborhood meeting, it was
determined that all facets of the original approval would remain in
IIIeffect with the exception of the materials used to complete the trailway
on the east side of Rahn Road. Bids will be obtained for both bituminous
and concrete surfacing of the trailway and the affected property owners
notified of the change in assessments to allow them to determine which
material they wished installed.
WILDERNESS PONDS PETITION/PROJECT 86-RR
The Director of Public Works reported that a petition had been
received from the developer of the Wilderness Ponds subdivision
requesting a feasibility report for the installation of storm sewer.
City staff reports that the existing system was designed and installed
privately and is inadequate for the development. Because any redesign
. and upgrade of this utility tinder a public improvement project could
result in assessments to adjacent property owners, it should be the
responsibility of the developer. An alternative would be to have the
developer declared in default of the development agreement.
McCrea moved, Wachter seconded, a motion to declare the developer
of the Wilderness Ponds Addition in default of the development agreement.
Aye: 5 Nay: 0
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist
Sdated February 28, 1990, in the amount of $556,069.21 and the checklist
dated March 20, 1990, in the amount of $661,571.33. Aye: 5 Nay: 0
Agenda Information Memo
November 19, 1991 City Council Meeting
INEW:BUSINESS
LIQUOR LICENSE RENEWALS
A. Licenses, 1992 Liquor License Renewals--It is appropriate at this time for the City
Council to consider 1992 liquor license renewals. Enclosed on pages 1 through (, is
a memo from Administrative Assistant Witt detailing the activity during 1991 regarding
liquor licenses. Attached to that memo is a list of proposed 1992 off-sale liquor licenses,
1992 on-sale club licenses, 1992 liquor establishments, 1992 wine licenses, 1992 on-sale beer
licenses and 1992 off-sale beer licenses. As stated before, all these licenses are in order for
consideration for 1992. The Council should note that the Police Department has not had
an opportunity to review these applications. However, it is recommended that the Council
approve the applications of renewal subject to: 1) submittal of all required documentation
for license, and 2) a police review which finds no reason to deny the application.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the applications for 1992
liquor license renewals as listed subject to: 1) submittal of all required documentation for
the license and 2) a police review which finds no reason to deny the application.
1°17 0
November 14, 1991
TO: CITY ADMINISTRATOR HEDGES
FROM:- AD
MI
NISTRATIE ASSISTANT WITT
RE: 1992 LIQUOR LICENSE RENEWALS -
The 1992 renewals include: 7 off-sale liquor, 11 on-sale liquor,
1 club on-sale liquor, 11 wine, 19 on-sale beer and 15 off-sale
beer. The City Clerk's office has been accumulating the applica-
tions but the police department has not had an opportunity to
review them.
To recap activity in 1991:
Off-sale liquor - Liquor Shoppe at 4250 Lexington Ave. was sold
to Ralph Magnuson. His license was approved November 7, 1991.
On-sale liquor - There are new owners for Durnings, Richards and
LaFondas. Durnings will be known as Caspers Cherokee Sirloin Room,
Eagan. Richards will retain its name, as will La Fondas. LaFondas
has not opened as of mid-November and I haven't been able to reach
Otis Trujillo to get an update on his plans.
Compri Hotel is now dba Doubletree Club Hotel. The corporate name
of Flour Bin, Inc. was changed to Cliff Corporation dba J. Doolittles.
Wine - The City approved three additional wine licenses in 1991:
Anna Chungs, Apples and Hong Wong restaurants. ViHuong no longer
has a wine or beer license.
On-sale beer - Piccolo's restaurant has a new owner and his ap-
plication Anna on-sale beer
Hong license is
Apples An Chungs
licenses in 1991.
Off-sale beer - Country Club market closed and Walgreen Drug
discontinued sales of 3.2 beer.
RECOMMENDATION:
Approve applications of renewal subject to:
1. Submittal of all required documentation for license, and
2. A police review which finds no reason to deny application.
1992 RENEWALS
OFF-SALE LIQUOR
1 Applebaum Companies, Inc.
dba Big Top Wines & Spirits
Mike Buckman, Mgr.
3900 Beau D'Rue Dr.
Eagan, MN 55122
7 Scott Liquor Company
dba Cheers Wine & Spirits
Scott Kruger, Mgr.
1970 Rahn Cliff Court #300
Eagan, MN 55122
3 Perrier & Associates, Inc.
dba Great Northern Spirits
David Perrier, Owner
1960 Cliff Lake Rd. #101
Eagan, MN 55122
2 Kenny's Enterprises, Inc.
dba Kenny's Liquor
John Mattson, Mgr.
1444 Yankee Doodle Rd.
Eagan, MN 55122
6 Hi)lcrest grocery, Inc. _
dba Liquor Shoppe of Eagan
naipn Magnuson,Owner
4250 Lexington Ave. So.
Eagan, MN 55122
4 Spirits of Eagan, Inc.
dba MGM Warehouse
John Teslaw, Partner
4182 Pilot Knob Rd.
Eagan, MN 55122
5 Sidco, Inc.
dba Big Top Wines & Spirits
Tim Martin, Mgr.
1282 Town Center Dr.
Eagan, MN 55123
_.7
1992 RENEWALS
# ON-SALE LIQUOR
9 Al Baker 4 Starks I, Inc.
3434 Washington Dr. dba Starks Saloon
Eagan, MN 55122 Gary Starks,Pres.
3125 Dodd Rd, 55121
8 Cedarvale Bowl, Inc. 5 LaH, Inc.
Cedarvale Lanes/Fitz's Bar & Grill dba Valley Lounge
Michael Henke, Mgr. James Tousignant, Pres.
3883 Beau D'Rue Dr. 3385 Sibley Memorial Hwy.
Eagan, MN 55122 Eagan, MN 55122
13 Plaza Hotel Co. CLUB ON-SALE
dba Doubletree
Deryk Funkhouser, Mgr. 1C Spur, Inc.
2700 Pilot Knob Rd. dba Lost Spur Country Club
Eagan, MN 55121 Harry Beyer, Mgr.
2750 Sibley Memorial Hwy.
14 Cliff Corporation Eagan, MN 55121
dba J. Doolittles
Lynn Reimer, owner
2140 Cliff Rd.
Eagan, MN 55122
12 Dougherty's
Robert Dougherty, owner
1312 Town Center Dr.
Eagan, MN 55123
3 Casper ' s Cherokee Sirloin Room, Eagan, Inc.
dba Casper 's Cherokee Sirloin Room, Eagan
Richard Casper, Treas.
4625 Nicols Rd.
Eagan, MN 55122
7 Cuz, Inc.
dba LaFonda de los lobos
Cheri Ringsby, mgr.
3665 Sibley Memorial Hwy.
Eagan, MN 55122
10 Hussein Ansari
Mediterranean Cruise
3945 Sibley Memorial Hwy.
Eagan, MN 55122
2 West Jersey Associates, Inc.
dba Richards
Joyce Slattery, President
4185 So. Robert Tr.
Eagan, MN 55123
1992 RENEWALS
WINE LICENSES
Lic. # Lic. #
13 Chungs, Inc. 1 Diamond T Ranch, Inc.
dba Anna Chungs Restaurant dba Diamond T Ranch
1960 Cliff Lake Rd. Suite 116 4889 Pilot Knob Rd.
Eagan, MN 55122 Eagan, MN 55122
454-8543 454-1464
14 Apples Plus, Inc. 16 Chung Wong, Inc.
dba Apples dba Hong Wong Restaurant
Pat Boland, Mgr. 2139 Cliff Rd.
1260 Town Centre Dr. Eagan, MN 55122
Eagan, MN 55123 452-0086
683-9195
5 FHF, Inc.
6 John Odeen dba Hunan Garden
dba Broadway Pizza 1304 Town Centre Dr.
3902 Beau D'Rue Dr. Eagan, MN 55123
Eagan, MN 55122 452-0905
452-5444
20 Itamex Foods
dba Cactus Flats Restaurant
2113 Cliff Rd
Eagan, MN 55122
452-0040
3 Fratelli Tre, Inc.
dba Carbone's Pizzeria
1665 Yankee Doodle Rd.
Eagan, MN 55122
452-6000
2 James A. Basta
dba Italian Pie Shoppe & Winery
1438 Yankee Doodle Rd.
Eagan, MN 55122
452-4525
18 JSN Enterprises
dba Carbone's Pizzeria
1565 Cliff Rd.
Eagan, MN 55122
681-0060
19 Davanni 's Inc.
Davanni 's Pizza & Hot Hoagies
1980 Cliff Lake Rd.
Eagan, MN 55122
688-6111
19 9 2 RENRW T.S Also has wine license
ON-SALE BEER **Also has strong beer license
Lic. #
8 Ann Wong 19 Davanni's,Inc.** 24 Pizza Hut of America,Inc.
dba Airliner Motel dba Davanni's Pizza/Hot Hoagies dba Pizza Hut #401023
2788 Hwy 55 1980 Cliff Lake Road 1325 Town Centre Dr.
Eagan,MN 55121 Eagan, MN 55122 Eagan, Mn 55123
454-2200 688-6111 •
13 s Inc.* 1 Diamond T Ranch Inc.* 12 Pizza Hut of America,Inc.
dba Diamond T Ranch dba Pizza Hut #401025
dba Anna ChnngS
1960 Cliff Lake Rd. #116 4889 Pilot Knob Road 2130 Cliff Road
MN 55122
Eagan,MN 55122 Eagan,MN 55122 Eagan,
454-8543 454-1464
10 Dragon Palace Restaurant 2 West End Hunting Club
14 Apples Plus,Rnc*` �Fo Len, Owner Mark Steinhoff
dba Apples Restaurant 535 Gun Club Road
1260 Town Centre Dr. 1466 Yankee Doodle Rd. 535 Gun Cl b Road
55068
Eagan,MN 55123 Eagan,MN 55122
683-9145
454-4493 423-2429
6 John Odeen** 16 Chung Wong, Inc.*
dba Broadway Pizza dba Hong Wong Restaurant
3902 Beau D'Rue Dr. 2139 Cliff Road
Eagan,MN 55122 Eagan,MN 55122
452-5044 452-0086
20 Itamex Foods** 5 f'Inc*
dba Cactus Flats Restaurant dba Hunan Garden
2113 Cliff Road 1304 Town Centre Dr.
Eagan, MN 55122 Eagan, MN 55123
452-0040 452-0905
18 JSN Enterprises* 15 James A.Basta**
dba Carbones Pizzeria dba Italian Pie Shoppe/Winery
1565 Cliff Road 1438 Yankee Doodle Rd.
Eagan,MN 55122 Eagan, MN 55122
681-0060 452-4525
•
4 Fratelli Tre,Inc.** 3 Parkview Golf Club
dba Carbone's Pizzeria Don Larsen, Owner
1665 Yankee Doodle Rd. 1310 Cliff Road
Eagan,MN 55122 Fagan,Mn 55123
452-6000 452-5098
9 Carriage Hills Country Club . 11 Piccolo's
William Smith, Owner James Ewell,Jr.,Owner
3535 Wescott Hills Dr. 4162 Pilot Knob Rd.
Eagan, MN 55123 Eagan,MN 55122
452-7211 454-1212
,- / ,,....)
1992 RENEWALS
OFF-BALE BEER
Lic. #
5 Birch Bru, Inc.
17 Gateway Foods, Inc. dba Superamerica #4049
dba Brooks Superette #43 Diffley Rd & Hwy 13
3390 Coachman Rd. Eagan, MN 55122
Eagan, MN 55121
688-2001 6 Superamerica #4182
1406 Yankee Doodle Rd.
20 Super Valu Stores, Inc. Eagan, MN 55122
dba CUB 452-9853
1940 Cliff Lake Rd.
Eagan, MN 55122 16 Superamerica #4335
454-4606 1379 Town Centre Dr.
Eagan, MN 55123
23 Phillips 66 Co: 688-2870
dba Duckwood 66
3575 Pilot Knob Rd. 13 Tom Thumb Food Market, Inc.
dba Tom Thumb #259
21 Crown Coco, Inc. 2125 Cliff Rd.
dba Eagan E-Z Stop Eagan, MN 55122
4195 Nicols Rd. 454-4868
Eagan, MN 55122
452-9309 18 Tom Thumb #273
4130 Blackhawk Rd.
19 Holiday Stationstore, Inc. Eagan, MN 55122
dba Holiday Stationstore #232 688-8614
4595 Nicols Rd.
Eagan, MN 55122 11 Tom Thumb #166
1446 Yankee Doodle Rd.
22 Holiday Stationstore #247 Eagan, MN 55122
3615 Pilot Knob Rd. 452-4874
Eagan, MN 55122
683-9936
8 PDQ Food Stores of MN, Inc.
dba PDQ #287
1969 Silver Bell Rd.
Eagan, MN 55122
9 PDQ #214
4198 Pilot Knob Rd.
Eagan, MN 55122
452-5846
14 Gateway Foods, Inc.
dba Rainbow Foods 115
1276 Town Centre Dr.
Eagan, MN 55123
452-9506
(.4
Agenda Information Memo
November 19, 1991 City Council Meeting
TOBACCO TASK FORCE RECOMMENDATION
B. Recommendation,Tobacco Task Force—At the Council's direction,a Tobacco Task Force
7/.49rmed in J of 1991 to study tobacco sales in the City of Eagan. Attached on pages
X through is a memo from Administrative Assistant Witt concerning the meetings
of the Tobacco Task Force with attachments which include the recommendations of the
majority of that tax force and a proposed ordinance amendment to Chapter 6 of the City
Code regarding the sale of tobacco in the City of Eagan.
The recommendations of the task force include:
1. Disallowing cigarette vending machines in public places accessible to any person
under the age of eighteen (18) years of age;
2. Step up efforts to stop tobacco sales to minors and create a permanent youth issue
task force to evoke community sense of social responsibility; and
3. There must be strict enforcement of suspension and revocation penalties when
tobacco i• . t �.;:, sold to minors.
A th request of e Tobacco Task Force, the minority report has been enclosed on pages
through Y(, .
ACTION TO BE CONSIDERED ON THIS ITEM: To consider the recommendations of
the Tobacco Task Force and to approve or deny each of the recommendations separately.
ertA-SL kr06"...
November 14, 1991
TO: CITY ADMINISTRATOR HEDGES
FROM:ADMINISTRATIVE ASSISTANT WITT
RE: TOBACCO TASK FORCE REPORT
The Tobacco Task Force met four times since it was formed in July.
We reviewed vast quantities of material provided by proponents and
opponents of greater restrictions on tobacco sales. We followed
the efforts of other communities as they addressed this difficult
issue.
Recognizing the need to make a report prior to Council considera-
tion of cigarette license renewals; the task force did propose
recommendations on vending machines, self-service merchandising
and suspension/revocation penalties. Two task force members felt
the recommendations will not deter minors from obtaining tobacco
products and they will submit a minority report to the Council.
•
1 Vendino Machines- Ban or Allow
Task force did not consider vending machines to be a problem re: accessibility to minors.
The state taw governs the placement of vending machines. They are restricted to on-sale liquor
establishments, off-sale liquor stores,factory/business/offices or other places not open to general public.
The vending machines must be in the immediate vicinity of a responsible employee &under the control of
that employee. Vending machines cannot be located in coatrooms, restrooms, unmonitored hallways, or
outside waiting areas. The responsible employee has control of the automatic locking device on the vending
machine.
Eagan has 11 vending machines only one of which is�a public location.entry,�' on Derek, Doodle
is Road has a locking device on its vending machine
vision. -
Recommendation:
The task force recommends that vending machines be disallowed in public places accessible to minors.
This would be in addition to state restrictions to on/off sale liquor establishments & private places of
business. The recommendation adds the underlined language to Subd.3 B2. To sell or dispense any
tobacco products through the use of a vending machine which is located in a public place accessible to
any person under the age of eighteen (181 years.
II SELF SERVICE OF TOBACCO PRODUCTS
Economic/Public Service issue
Grocers,Discount businesses cannot afford to change check out lanes to accomodate behind-the-
counter sales. Nor does It make economic sense to have a separate sales department from
tobacco products. Tobacco products are provided as a convenience to the customer. The
education of employees is the most cost effective way to restrict access of tobacco to minors.
j eoality/Realttv
Cashiers cannot be fired for a misdemeanor of selling cigarettes to minors. The courts do not have
meaningful penalties when processing misdemeanors such as cigarette sales to minors. State law
says it is a gross misdemeanor to sell cigarettes to a minor and City Code says It is a misdeamor.
Moral Issue
The ability of a 15 year old to buy cigarettes in 18 of 21 locations last July shows that there Is a
major problem here. In spite of education at school and in business, minors can get cigarettes if
they want them.
The City should demonstrate support of Its youth by restricting tobacco accessibility to minors. All
of the retailers should do something visible and effective to curtail smoking by our youth. These
efforts must be ongoing with measurable results.
v�
Recommendation:
There appears to be a standoff on whether to ban or allow self service of tobacco products. In an
effort to bring forth a recommendation, the following compromise was offered.
Delete the ban on self service merchandising of tobacco products, and
I Step up efforts to stop tobacco sales to minors
• Police Department should have minors buy tobacco products,Just as they buy liquor
products,on a surprise basis. Cite employees who make the sale.
• Make minor responsible for his action, ff caught trying to buy tobacco.
• City should work closely with business to halt sales of tobacco to minors
• Publicize cooperative plan
• Implement &follow up -The Council should review in a year's time
II Create a permanent youth-issue task force to evoke community sense of social responsibility
• Accessibility of tobacco to minors is one visible issue which must be continually
addressed
• Drugs & alcohol is another major issue
• Child abuse/dysfunctional homes Is another
III Suspension or revocation:
Recommendation:
There must be strict enforcement of suspension and revocation penalties. Revocation penalties also
apply to owners of vending machines licensed In the City.
3 r1
�.d
•
ORDINANCE NO. 2VD SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
G" BY
CODE CHAPTER 6 BUSINESS BYIADOPTINGLBYEREFNERENCE
AMENDING SECTION
EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter 6 is hereby amended by changing
Sec. 6.34 to read as follows:
Subd. 1. For purpose of this ordinance, the following
words and phrases shall have the meanings respectively
ascribed to them in this section:
A. "Tobacco Products" means cigarettes; cigars; cheroots;
stoggies; perique; granulated, plug-cut, crimp-cut,
ready rubbed and other smoking tobacco; snuff; snuff
flowers; cavendish; plug and twist tobacco, fine-cut
and other chewing tobaccos; shorts; refuse scraps,
clippings, cuttings and sweepings of tobacco and other
kinds and forms of tobacco, prepared in such a manner
as to be suitable for chewing or smoking in a pipe or
other tobacco related devices; and cigarette papers and
wrappers. For purposes of this section, a tobacco
product includes both individually packaged items such
as a pack of cigarettes or a can of chewing tobacco,
and cartons containing two or more individually wrapped
tobacco products.
of
B. "Self-Service Merchandising" means
has display .
tobacco products that p
the intervention of an employee.
C. "Vending Machine" means any mechanical, electric or
• electronic device, appliance or any other medium or
object designated or used for vending purposes which,
upon insertion of money, tokens or any other form of
payment, dispenses tobacco products.
Subd. 2. License Required. Any person who, directly or
indirectly, keeps for retail sale, sells at retail, or
otherwise disposes of any tobacco, must first obtain a
license from the City. The 1 - se reauireinent includes vending
machine - - - - . • • • - - 9 -- • • - a- . - . . ' es The
City Council is the grantor.
Subd. 3. Conditions of License.
A. Separate licenses shall be issued for the sale of
tobacco at each fixed place of business, and no license
shall be issued for a movable place of business.
B. The following acts or conduct on premises licensed
under this ordinance are unlawful and shall be punished
as provided by Section 6.99 hereof and shall be grounds
for revocation or suspension of any license as provided
by Subdivision 4 of this Section hereof:
1. To sell, offer for sale, give away or deliver any
tobacco product to any person under the age of
eighteen (18) years.
2 . To sell or dispense any tobacco products through
the use of a vending machine which is located in a
public place accessible to any person under the age
of eighteen (18) years .
S . To- -offer -for -sane- any- tobacco- product- by -the-meals
ef-a-sel-€—service -serohand4sing.
3A . To keep for sale, sell or dispose of any tobacco
in any form containing opium, morphine, jusim
weed, belladonna, strychnos, cocaine, marijuana,
or any other deleterious or poisonous drug except
nicotine.
Subd. 4 . Suspension or Revocation.
A. A licensee's authority to sell cigarettes at a specific
location will be suspended for thirty (30) days if
licensee is found to have acted as prohibited in
Subdivision 3 (B) (1) -(/4/ in this Section hereof.
3
B. A six (6) month suspension shall be imposed for a
. second violation at the same location occurring within
a twelve (12) month period.
C. In the case of suspension, there shall be no license
refund.
D. License revocation may be instituted following a
criminal conviction under this Section of any officer,
director, manager, or other agent or employee of any
licensee.
Section 2. Eagan City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including 'Penalty for
Violation' " and Section 6.99, entitled "Violation a Misdemeanor" are
p
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:
1 / -?
-
4706 Beacon Hill Road
Eagan, MN 55122
November 14, 1991
Eagan City Council
3830 Pilot Knob Road
Eagan, MN 55122
Dear Mayor and City Council Members:
As a representative of the Eagan Tobacco Task Force, I am
writing to explain the rationale behind the recommendations
of this task force and to provide you with additional
information for your consideration.
The overall goal of the task force was to make
recommendations that would limit the availability of tobacco
to minors in Eagan. In developing these recommendations we
discussed the need to prevent tobacco sales to minors , the
economic interests of local business, and the enforcement
priorities and limitations due to time constraints of the
Eagan Police Department. As a task force, we agreed to work
together as a unit, come to a consensus, and eventually
unanimously agreed to the published recommendations.
From ANSR's perspective, these recommendations are
incomplete, but do serve as a good starting point for
beginning to address these issues.
One of the first items discussed was how minors get tobacco.
In July, 1991 a survey was conducted in which a 15 year old
was able to buy cigarettes in 18 out of 21 Eagan stores.
Eagan's biggest youth access issue seems to be that
teenagers are able to buy cigarettes over the counter almost
anywhere they choose. The top priorities, then, must be
implementing and enforcing ordinances prohibiting tobacco
sales to minors and creating an awareness and commitment to
affect this issue.
The following highlights the task force's recommendations:
1 . The task force agreed that Subd. 4. Suspension or
Revocation should be passed. This section of the ordinance
will provide the incentive to licensees to make sure that
tobacco products are not sold .to minors; and if licensees
cannot limit sales to minors under current business
practices, the incentive will be there for those practices
to change.
The success of the suspension or revocation provision is
dependent on enforcement. We agreed as a task force that
the police department would conduct secret buying surveys -
at least two during the first year.
We also discussed that suspension should be a real
possibility. Within the task force we agreed that no sales
to minors should be a condition of holding a tobacco license
and that the City Council would revoke any licenses for
failure to adhere to this requirement.
After reading the finished recommendation and ordinance
(Subd. 4. Sec D. ) , it seems to read that criminal conviction
is required before revocation can occur. This was not the
intent of the task force and was explicitly discussed within
our group. I believe and recommend that this part of the-)
ordinance should be re-written and patterned after the
Alcohol Ordinance Sec. 5.02 , Subd. 7, Sec F-H. In the
alcohol ordinance, a criminal conviction is conclusive that
a violation occurred but not required for the City Council
to determine that there was a violation and impose
revocation.
2. A permanent youth issue task force and stepped up efforts
by the city to stop tobacco sales to minors should be
implemented. The purpose of the permanent task force would
be to work cooperatively within the various segments of the
community to identify further measures to limit tobacco
sales to minors, create a social awareness campaign, and
monitor the effectiveness of these efforts in prohibiting
youth access. As the task force develops it would broaden
its focus to include other youth issues.
3. The task force recommends that vending machines be
disallowed in public places accessible to minors. To arrive
at this negotiated position, we agreed that this restriction
would be in addition to the restrictions outlined in the
state law. We agreed that tobacco products may not be sold
or dispensed through the use of a vending machine which is
located in a public place accessible to any person under the
age of 18 years. We also agreed that the revocation and
suspension provisions will apply to vending machine
licensees and that enforcement would apply to vending
machine sales.
4. The task force recommends that the self service of
tobacco products not be limited at this time.. This
recommendation is based purely on business considerations.
In order to decrease shoplifting and limit the advertising
value of counter displays to youth, sales should be required
from behind the counter. It should be noted that 39% of
shoplifting incidents in Eagan in the first six months of
1991 involved cigarettes. And most shoplifters aren't
caught because of the size and easeij.dshoplifting cigarette
packs. Sales from behind the counter is a simple measure
to reduce shoplifting in Eagan by 39%.
5 . The effectiveness of the ordinance and other measures to
impact youth tobacco availability should be reviewed by the
City Council after a one year period.
I believe that by adopting these recommendations, we will
have taken steps that limit cigarette sales to minors and
send a message to the community and young people that we are
serious about not allowing our young people to get hooked on
tobacco. Although I believe that Eagan should pass a much
stronger ordinance including the provisions recently passed
in Roseville, Shoreview, and Chanhassen, we are taking
important steps in the best interest of Eagan youth if we
begin by passing the recommendations of the Eagan Tobacco
Task Force. __---1
Thank-you for your consideration of this letter.
Sincerely,
NEiju..4 0.1:1,11r
Sheryl Casey
Eagan Tobacco Task Force
Vo
Agenda Information Memo
November 19, 1991 City Council Meeting
PRELIMINARY PLAT EXTENSION/BEST BRANDS ADDITION
C. Preliminary Plat Extension, Best Brands Addition, Located North of Yankee Doodle
Road,West of Highway 13—The law firm representing Best Brands, Inc., has applied to the
City for an extension for the preliminary plat of Best Brands Addition Certain documents
which are needed for final recording at the County of this plat have been lost. New
documents are being issued. However, an extension for the preliminary plat needs to be
officially approved s at when t e documents are available,the plat may then be recorded.
Enclosed on pages y through are a copy of a letter from the law firm, a copy of a
memorandum from City Planner turm regarding this request and original documentation
from the time that the preliminary plat was originally approved. It is the recommendation
of staff that the extension be granted with the provision that condition number 2 be changed
as quoted in City Planner Sturm's memo.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat
extension for Best Brands Addition, with a provision that if the extension is granted,
condition number two be changed as described.
-7
11/13/91 11:13 FAX 612 338 2969 CARROLL-LEIGHTON Q002/002
LAW OFFICKS
CARROLL & LEIGHTON
PROFESSIONAL ASSOOATION
1100 FIRST SANK OLACE WEST
Ito LOUTH SIXTH STREET
MINNEAPOLIS, MINNESOTA 55402-1E484
114123 13a•asu
GERALD T.CARROLL FAR(610) 33S-tGeO
JEFFREY P.GARRPLL
RICHARD L LEIGHTON
November 13, 1991
The Honorable Mayor and City Council
city of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
RE: Best Brands Addition
Gentlemen:
We are counsel for Best Brands, Inc. , which has applied for a
subdivision of Lot 8, Block 2, Sibley Terminal Industrial Park, and
a replatting of a part of Lot 8, together with Lots 9 and 10 of
Block 2, into Best Brands Addition. I understand your approval of
the plat provided for final recording by November 1, 1991. We have
experienced delay due to the fact that the owner's Duplicate
Certificates of Title for Lots 9 and 10 of Sibley Terminal
Industrial Park were lost, and application has been made to the
Examiner of Titles of Dakota County for issuance of replacement
Certificates. As soon as the Certificates are issued, recording
will take place immediately. A copy of our letter of transmittal
to the Examiner of Titles of Dakota County and the instructions for
securing a replacement owner's Duplicate Certificate are attached.
We had anticipated that replacement Duplicate Certificates of Title
for Lots 9 and 10 would be available by November 1 to enable filing
within the specified time. We understand that the Certificate have
now been issued, and have been forwarded to our client, and we are
awaiting receipt of the Certificates in our office, at which time
the plat will be presented with all related documents for filing.
In order that we do not violate the terms of the plat approval, we
respectfully request an extension of the time allowed for filing of
the plat of Best Brands Addition. We will advise the Planning
Department as soon as Certificates are available, and filing has
occurred. Thank you for your consideration in this matter.
Very truly yours•,
AVOW
Gerald T. Carrol
GTC:mjh
cc: Best Brands, Inc.
MEMORANDUM
TO: TOM HEDGES, CITY ADMINISTRATOR
DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR
FROM: JIM STURM, CITY PLANNER
DATE: NOVEMBER 13, 1991
RE: PRELIMINARY PLAT EXTENSION
BEST BRANDS INC.
On November 8, 1990 the City Council approved the Best Brands addition consisting of
approximately seven Light Industrial zoned acres along the north/east side of Yankee
Doodle Road. Best Brands, located in Eagan for 15 years, manufactures and warehouses
baking ingredients. The platting process incorporates several lots, or portions of, into one
lot with access onto Yankee Doodle Road and Terminal Drive. Best Brands is requesting
a Preliminary Plat extension since owners duplicate Certificates of Title needed for the
recording of the plat were lost by the applicant. They have initiated the process to replace
those certificates. This request was reviewed at the staff development meeting and no new
conditions are proposed, however Condition #2 should be changed to read:
2. The development is required to provide a cash dedication fulfillment of the water
quality requirements of the development in accordance with the City's Water Quality
Management Plan. .4 acres surface area x $65,340/ac. industrial use = $26,136
1.26 ac. ft. x 1613 cu. yds./ac. ft. x $2/cu. yd. = $ 4,064
Total $30,200
Attached are the City Council minutes from November 8, 1990 and the original staff report.
If you would like additional information, please let me know.
City Planner
JS/js
Attach.
0
Page 12/EAGAN CTY COUNCIL MINUTES
•
November 8, 1990
-PRELIMINARY PLAT/BEST BRANDS INC
After introduction by Mayor Egan, the City Administrator said that the item had been considered by
the Advisory Planning Commission at their October 73, 1990 meeting and they had recommended approval.
Director of Community Development Runkle said the application was for a preliminary plat located on
the north side of Yankee Doodle Road, west of Highway 13. He said that Best Brands had been located in:
Eagan for fourteen years and employs approximately 110 people. He said they had submitted a waiver of plat
to split Lot 8,Block 2,Sibley Terminal Industrial Park. However,because the request was to split Lot 8 for the
second time and adjoin it to Lot 10, staff requested that they plat the property as Lot 1,Block 1,Best Brands
Addition. The 7.63 acre site is located directly north along Yankee Doodle Road,east of Terminal Drive,south
of Sibley Terminal Industrial Park, and west of Highway 13. He said that presently the site has two existing
buildings and an 18,450 square foot addition under construction. A future addition of approximately 2$,200
square feet to the north side of the existing buildings was also included in their proposaL
Councilmember Pawlenty said that Best Brands should be commended for the extra effort they have
gone to in trying to improve the area.
Gustafson moved,Wachter seconded a motion to approve the preliminary plat for Best Brands Addition
consisting of approximately 7 previously zoned light industrial antis along the north side of Yankee Doodle Road
and west of Highway 13 in the southeast quarter of Section 8, 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,Bl, B2, Cl,C2.,D1, El,P1, Gl,and HL
2. The development,is required to provide a cash dedication for fulfillment of the water quality
requirements of the development in accordance with the City's Water Quality Management Plan.
3. An additional five feet of utility easement is required along the 30-inch solnitary sewer located along
the easterly property line of the development.
4. An additional ten feet of utility easement is required for the existing 24-inch storm sewer which
serves the westerly adjacent property to the development.
• 5. The development will be required to submit a detailed watermain and hydrant layout plan to the City
for review of the fire protection and water supply requirements of the building expansion.
6. The proposed parking lot expansion is required to be constructed in accordance with City Codes and
standards.
Aye: S Nay. 0
R..0
SUBJECT: PRELIMINARY PLAT - BEST BRANDS ADDITION
APPLICANT: BEST BRANDS INC -
LOCATION: PART OF LOT 8, 9, & 10, BLOCK 2
SIBLEY TERMINAL INDUSTRIAL PARK
EXISTING ZONING: I-1 (LIMITED INDUSTRIAL)
DATE OF PUBLIC HEARING: OCTOBER 23, 1990
DATE OF REPORT: OCTOBER 10, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted by Best Brands, Inc. to
plat approximately seven acres of previously-zoned Limited Industrial land in the Sibley
Terminal Industrial Park.
BACKGROUND: Best Brands, Inc. has been located in Eagan 14 years and employs
approximately 110 people. The company manufactures and warehouses bakery ingredients.
In October of 1988, the applicant received a Variance to allow a silo to be constructed 8'
above the 40' height limitation imposed in a Limited Industrial district. At the April 4, 1989
City Council meeting, they were approved for a 1.61% Variance to the 35% building
coverage maximum. At that time, the Company added a computerized production facility
which would increase production by 200%. Forty-one thousand square feet of additional
warehouse, refrigeration, and freezer space were required to support the new facility. After
a lease expired, they took over their own 22,400 square foot building located on Lot 9 and
are in the process of constructing an 18,450 square foot addition to the building on Lot 10.
A condition of approval for the Variance request was submission of a landscaping plan to
upgrade the landscaping of the site. The plan was submitted, approved, and completed in
a timely manner and has made a dramatic visual improvement along Yankee Doodle Road.
On August 17, 1990,Best Brands submitted a Waiver of Plat application to split Lot 8,Block
2, Sibley Terminal Industrial Park. Lot 8 had been split once, creating two parcels. During
review for the Waiver of Plat, staff requested Best Brands, Inc. to plat the property as Lot
1, Block 1, Best Brands Addition, because their request was to split Lot 8 for a second time
and adjoin it to Lot 10. This would clean up the legal description for the City.
LOCATION/SITE PLAN: The 7.63 acre site is located directly north along Yankee Doodle
Road, east of Terminal Drive, south of Sibley Terminal Industrial Park,and west of Highway
13. Presently, the site has two existing buildings and an 18,450 square foot addition, under
construction. The northern portion of the newly-created Lot 1 contains a large wooded area.
The proposal indicates a future addition of approximately 28,200 square feet to the north
side of the existing 50,216 square foot building on what was Lot 10. This future addition will
extend into the southeast corner of the originally platted Lot 8. The purpose of this addition
is for storage expansion of frozen dough products. Access to the addition will be gained
from the southern portion of the lot north of the 18,450 square foot addition.
As previously mentioned, the total building coverage for the site was 36.61%. Calculating
the additional 1.97 acre parcel brings the total building coverage to 27.3%. The total with
the future expansion is 35.7%. The future expansion building size is speculative and is an
approximation. The applicants have been made aware of the City Code which allows a
maximum 35% lot coverage. The existing building on former Lot 10, the addition now under
construction, and the proposed addition all meet, or exceed, the minimum setback
requirements. However, the existing building on the former Lot 9 does not meet the current
I-1 setback from public street of 40'. As shown on the site plan, the setback ranges from
the southwest corner of the building at 20' to the southeast corner of the building at 25'.
This building was constructed in 1971. The 20' setback was indicated on the Certificate of
Survey submitted and approved by staff.
Last year an additional 120' x 120' (14,400 square foot) parking lot was added to increase
on-site parking for the lot.
COMMENTS: The following is a preliminary staff recommendation from the Parks &
Recreation Department which will go before the Advisory Parks & Recreation Commission
on November 1, 1990.
The 1.97 acre parcel which is being incorporated into an existing platted lot is subject to a
parks dedication of $.025 per square foot of net land area with payment due at final plat.
It appears that the 1.97 acre parcel is subject to a cash trailway dedication.
GRADING/DRAINAGE/EROSION CONTROL: A preliminary grading plan covering the
• proposed building expansion to the north was not submitted for staff review. The
developer will be required to submit a grading, drainage and erosion control plan to the
City for their review and approval before any expansion can occur. The preliminary site
plan shows constructing the future building addition over an existing 24" public storm
sewer. The storm sewer system will have to be relocated around the future building when
the expansion occurs.
WATER QUALITY: The proposed development was reviewed for water quality
requirements in accordance with the City's Water Qilality Management Plan. The
development is located in the direct drainage area to Pond CP-8. Pond CP-8 is a
designated ponding area in the City's Comprehensive Storm Water and Water Quality
Management Plans. The development is required to provide cash as fulfillment of water
quality requirements based on a minimum ponding area of 0.47 acres and a wet pond
volume of 1.46 acre-feet. These requirements are subject to change but based on final
plat dimensions and areas.
UTILITIES: Sanitary sewer service is available to the site from an existing 30" trunk
sanitary sewer line, located along the East property line of the site. The future building
addition will be constructed over an existing sanitary sewer service line that serves the
building in the center of the site.
Water main service to the site is available from an existing 12" trunk water main on
Yankee Doodle Road and Terminal Drive. The developer will be required to submit a
water main and hydrant layout plan to the City for their review and approval to allow the
City to review the fire protection and water supply requirements of the building expansion.
STREET'S/ACCESS/CIRCULATION: Street access has been provided to the site from
Yankee Doodle Road and Terminal Drive. The developer recently upgraded the parking
lot for the southwesterly half of the site. A site plan covering the parking lot and building
expansion of the northeasterly half of the site shall be submitted for City review and
approval. The parking lot expansion shall be constructed to City Codes with a concrete
or bituminous surface, concrete curb and gutter, and storm sewer.
EASEMENTS/RIGHT-OF-WAY/PERMITS: An additional 5'of utility easement is required
along the existing 30" sanitary sewer along the easterly property line of the development.
An additional 10' of utility easement is required for the existing 24" storm sewer which
serves the westerly adjacent property.
This development shall be responsible for ensuring that all regulatory agency permits are
acquired prior to final plat approval. •
FINANCIAL OBLIGATION - BEST BRANDS:
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 existing and proposed connections to be made
to the City's utility system based on the submitted plans.
Improvement Project Use Rate Quantity Anrint
Lateral benefit
San Sewer Trunk 15 C/I $16.55/if 556 f.f. $9,202
TOTAL $9,202
BEST BRANDS, INC. CONDITIONS
1. These standard conditions of plat approval as adopted by Council action on July
10, 1990 shall be complied with:
Al , B1 , B2, Cl , C2, D1 , Cl , Fl , Cl and H1 .
2 . The development is required to provide a cash dedication for fulfillment of the
water quality requirements of the development in accordance with the City's Water
Quality Management Plan.
3. An additional 5' of utility easement is required along the existing 30" sanitary sewer
located along the easterly property line of the development.
4 . An additional 10' of utility easement is required for the existing 24" storm sewer
which serves the westerly adjacent property to the development.
5. The development will be required to submit a detailed water main and hydrant
layout plan to the City for review of the fire protection and water supply
requirements of the building expansion.
6. The proposed parking lot expansion is required to be constructed in accordance
with City/Codes and Standards.
c(/
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
1. This development shall accept its additional financial
obligations as defined in the staff's report in
accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
8. Xasements and Riabts-of-Wav_ •
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 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.
H. 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
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Agenda Information Memo
November 19, 1991 City Council Meeting
VARIANCE/JEFF CLEARENCE
D. Variance, Jeff Clearence of 10' to the Required 30' Setback Located at 2045 Emerald
Lane--An application has been received from Jeffrey Clearence for a 10' variance to the
required 30' setback from public right-of-way for property location at 2045 Emerald Lane.
The property in question is located at the corner of Emerald Lane and Topaz Drive with
access taken from Emerald Lane. For additional information with respect to this
application, please r fer o the Community Development Department staff report which is
enclosed on pages through NO—tor your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of 10'
from the 30' setback from public right-of-way for Jeffrey Clearence for 2045 Emerald Lane
(PID #10-16700-190-09).
I.
SUBJECT: VARIANCE
APPLICANT: JEFFREY CLEARENCE •
LOCATION: 2045 EMERALD LN
P.I.D. #10-16700-190-09
EXISTING ZONING: R-1 (SINGLE FAMILY)
DATE OF PUBLIC HEARING: NOVEMBER 19, 1991
DATE OF REPORT: NOVEMBER 12, 1991
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a 10'Variance
to the required 30' setback from public right-of-way.
COMMENTS: 2045 Emerald Lane is located at the corner of Emerald Lane and Topaz
Drive. Access is taken from Emerald Lane. The applicant is proposing a 10' x 25' 250 sq.
ft. addition on the west side of his existing home. Currently,the existing structure is 30'from
the west property line (Topaz Drive). The 10' addition would leave a 20'setback. All other
setbacks meet City Code requirements and the proposed addition does not encroach into
any drainage and utility easements.
The applicant is requesting the 10' Variance a have no other they lace to construct bedroom this bedroom.e main
floor. Due to their floor plan, they h P
If approved, this Variance shall be subject to all City Code requirements.
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Agenda Information Memo
November 19, 1991 City Council Meeting
SPECIAL USE PERMIT/FERRELLGAS
E. Special Use Permit, Ferrellgas, to Allow the Temporary Storage of an Outside Propane
Tank, Located at Lot 1, Block 1, Mardelann Addition in the NW 1/4 of Section 17 (3575
State Highway 13)--An application has been received from Ferrellgas for a special use
permit to allow the temporary outdoor storage of a 1,000 gallon propane tank at 3575 State
Highway 13. The tank will be used to heat a pole building which will be used by LaHass
Manufacturing throughout the winter months. The applicant is requesting this special use
permit from November 20, 1991 to April 30, 1992. For additional information with respect
to this application, please refer to the Co unity Development Department staff report
which is enclosed on pages � through ( for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit
for Ferrellgas for temporary outdoor storage of a 1,000 gallon propane tank at 3575 State
Highway 13. If approved, the special use permit should be subject to the conditions as listed
in the Community Development Department staff report.
\\9%
SUBJECT: SPECIAL USE PERMIT
APPLICANT: FERRELLGAS
. LOCATION: 3575 STATE HIGHWAY 13
LOT 1, BLOCK 1, MARDELANN ADDITION
EXISTING ZONING: I-1 LIMITED INDUSTRIAL
DATE OF PUBLIC HEARING: NOVEMBER 19, 1991
DATE OF REPORT: NOVEMBER 13, 1991
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a Special Use
Permit to allow the temporary outdoor storage of a 1,000 gallon propane tank.
'COMMENTS: LaHass Manufacturing would like to heat a pole building which they will be
using throughout the winter months. To do this, they are proposing using two heaters fueled
by propane which would be stored outdoors. According to the Uniform Fire Code,the tank
must be stored at least 25' from any building and 25'from any property line. The tank must
also be a minimum of 10' from all combustible materials and be protected from vehicular
damage. Smoking and other sources of ignition must be at least 15' from the propane tank.
A "No Smoking" sign should be posted as a reminder. The applicant is requesting this
Special Use Permit from November 20, 1991 to April 30, 1992.
If approved, this Special Use Permit shall be subject to the following conditions:
1. The 1,000 gallon propane tank shall be located at least 25'from each property line •
and at least 25' from the building.
2. The tank shall be located at least 10' from all combustible materials.
3. ' No smoking or other sources of ignition shall occur within 15' of the propane tank.
4. A "No Smoking" sign shall be posted.
5. The 1,000 gallon propane tank shall be protected from vehicular damage.
6. A mechanical permit and all other necessary permits shall be applied for through
the Protective Inspections Department.
All other City Code requirements shall be met.
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Agenda Information Memo
November 19, 1991 City Council Meeting
REZONING/CRAY RESEARCH
F. Rezoning, Cray Research, of Approximately 40 Acres from R-1 (Single Family) to a
Planned Development District Located Along the North Side of Lone Oak Road, East of
Highway 55 in the SE 1/4 of Section 1--At its regular meeting of October 22„.1221, the
Advisory Planning Commission considered an application for rezoning as submitted by Cray
Research to rezone approximately 40 acres from R-1 to a PD district. For additional
information with respect to this application, please refer to the Community Development
Department staff report which is enclosed on pages /0 through/.3..2—for your review.
Also enclosed on page /33s a copy of the Advisory Planning Commission minutes with
respect to this item. The APC is unanimously recommending approval of this item.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning as
requested by Cray Research from R-1 to PD for approximately 40 acres in the SE quarter
of Section 1.
SUBJECT: REZONING
APPLICANT: CRAY RESEARCH INC
LOCATION: SE 1/4 SECTION 1
EXISTING ZONING: R-1 (SINGLE FAMILY)
DATE OF PUBLIC HEARING: OCTOBER 22, 1991
DATE OF REPORT: OCTOBER 17, 1991
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a Rezoning of
approximately 40 acres from R-1 (Single Family) to a PD (Planned Development) district.
The City's Land Use Plan designates the area CPD (Commercial Planned Development);
therefore, an Amendment is not necessary.
COMMENTS: In 1964, the subject property on the 40 acres to the south were platted as
Delaware Estates. Construction never occurred and in 1972 the plat was vacated pursuant
to the petition of Cole Enterprises, Inc., the fee owners of the plat. The 452 acre Laukka
Beck-Eagan Planned Development is adjacent to the west and has four major land owners—
Cray Research, 116 acres, and Northwest Airlines, 156 acres, with the remaining area split
between Wacovia Development and Laukka Development. Total square footage approved
for that area is 3,141,000 square feet, with an additional 1,000,000 square feet between the
years 2005 and 2020.
In 1987, Cray Addition was platted consisting of one 36 acre lot and multiple outlots totaling
116 acres. in 1988, detailed plans were being prepared for the initial 479,000 square foot
facility that was completed last year. During the early construction, it was found that
different utility locations and changing the roadway configuration would allow for more
design flexibility in the future. As a result, Cray 2nd Addition (replat) was processed and
approved.
In January 1989, Cray purchased 40 acres to the east along Lone Oak Road and rezoning
to a Planned Development district was approved. However, the Planned Development
Agreement was never executed. That area and the subject area will be combined into the
Cray Research Planned Development district. Cray has no immediate plans for development
in the new PD area and platting will be required before any construction occurs.
The Cray Research Planned Development will address uses, environmental and platting
regulations,building and parking regulations,lighting,signage,landscaping,and architectural
detailing that will require compatibility with the existing facility, as well as other site-related
items.
Attached is a copy of the proposed Planned Development Agreement.
l � .
GRADING/DRAINAGE/EROSION CONTROL/WATER QUALITY: The 40-acre parcel
is a lightly wooded, grassy area that contains a large pond (Pond FP-8). Pond FP-8 is a
designated ponding area in the City's Comprehensive Stormwater Management Plan. Pond
FP-8 is also identified as a Class IV (wildlife habitat) pond on the City's Water Quality
Management Plan. Pond FP-8 currently does not have an outlet and no developed areas
drain to the pond.
UTILITIES: The 40-acre parcel has an existing 8" sanitary sewer line and an existing 12"
water main provided to the parcel at the west property line. The 8" sanitary sewer and 12"
water main lines are publicly maintained lines that were constructed by Cray Research.
STREETS/ACCESSJCIRCULATION: An improved public street access to the 40-acre
parcel is available from Lone Oak Road to the south through right-of-way dedicated with
the platting of Delaware Estates and from the private street system owned by Cray Research
to the west. Street access and utility service to the parcel will be examined further with the
future platting of the southerly adjacent SE;-SE;-Section 1.
FINANCIAL OBLIGATION - 01-RZ-07-09-91 - CRAY RESEARCH, INC.
No financial obligation is computed nor is any proposed as a condition of rezoning property.
There may be a financial obligation that results as a condition of platting.
Improvement Project Use Rate Quantity Amotnt
None __.
TOTAL S
•
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WATER QUALITY MANAGEMENT PLAN °-..r.-=:
CLASSIFICATION OF WATERBODIES ii—
CITY OF EAGAN •p." 1550
PLANNED DEVELOPMENT AGREEMENT
CRAY RESEARCH
THIS AGREEMENT is entered into this day of
199_, by and between the CITY OF EAGAN ("City") , a Minnesota
municipal corporation and CRAY RESEARCH, INC ("Cray") , a Minnesota
corporation:
WHEREAS, Cray has made application for rezoning of approximately
80 acres located at the northwest corner of Lone Oak Road and Argenta
Trail in the City of Eagan, State of Minnesota and legally described
as set forth in Exhibit A attached hereto (the "Property") to a
Planned Development District Zoning; and
WHEREAS, the parties desire to set forth the zoning standards and
conditions which will govern the Development of the Property,
including matters relating to compliance with the City's Planned
Development Ordinance; and
WHEREAS, except as specifically set forth herein, this Agreement
does not address and is not intended to address issues of property
subdivision, public improvements, assessments, or other matters that
may be related to development of the Property;
NOW, THEREFORE, in consideration of the foregoing and the mutual
covenants which follow, the parties agree that:
1. DEFINITIONS
As used herein, the following definitions shall apply, unless the
context clearly indicates a different meaning:
(a) "Property" shall mean the land located in Eagan, Minnesota
which is owned by Cray and legally described in Exhibit A hereto.
(b) "Development Contracts" shall mean the agreements entered
into between the parties, from time to time, setting forth the actual
pattern of development for each parcel of the Property. Such
Development Contracts shall become Exhibits hereto and shall
incorporate the terms and conditions contained herein.
(c) "Develop, " "Developing, " or "Development" shall mean Cray's
construction or modification of, or on, the Property as set forth in
this Agreement.
\,\A
2. AGREEMENTS
2.1 Agreements by Cray. Cray hereby agrees that it will develop
the Property in compliance with the Eagan City Code and the terms and
conditions contained herein. Cray further agrees to apply for and
secure all permits or licenses required by federal, state or local
law for Development of the Property.
2.2 Agreements by City. The City hereby agrees to approve any
site plan(s) , final plat(s) and any grading, building, occupancy or
other permits and to take whatever action as may be, or may become,
necessary to implement this Agreement; provided, however, that the
City reserves the right to object to any particular element of such
plan(s) , plat(s) , permits or action which it reasonably determines is
contrary to the law, or the health, safety or general welfare of the
citizens of the City.
3. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY
•
3. 1 State Agency Reviews. All Minnesota State Agency reviews
shall be required and processed in the normal manner as required by
Minnesota Statutes, which shall include the preparation and
processing of an Environmental Assessment Worksheet.
3.2 Platting. A preliminary plat(s) may be processed with the
approval of this Agreement or it may follow approval hereof. The
Preliminary Plat process shall provide the following:
(1) The Property shall be encompassed by a preliminary plat even
though final platting for individual parcels within the Property
may extend over a period of several years.
(2) The City may waive certain preliminary plat requirements because
of the extended time over which actual platting may occur.
(3) The Preliminary Plat shall be prepared in accordance with the
City's Subdivision Regulations related thereto.
(4) The Preliminary Plat shall include a detailed traffic analysis as
deemed necessary by the City to guide preparation of the plat.
(5) For any area where new development will create a corresponding
need for new public facilities, the means of financing for said
new facilities shall be resolved before Final Plat and Final
Development Plans are approved by the City.
(6) Final Plat(s) may be prepared for the entire Property or for
portions of the Property as Development occurs.
-2-
3.3 Uses.
A. Table of Uses
The "Table of Uses" lists uses that are allowed as permitted
conditional. No structure or land shall be used for any other use
except for "uses deemed similar" by the City Council which is
provided for in the Zoning Code for the City of Eagan.
P = Permitted Use
C = Conditional Use
ANTENNAS
Under 100' • P
Satellite Dish Receivers or Antennas Over
100' C
BAN'S AND SAVINGS & LOANS
BUILDING ONLY P
DRIVE-UP SERVICE C
CLINICS - HUMAN CARE P
COMMUNITY CENTERS P
DAY CARE C
DWELLING, SECURITY C
HELIPORT C
LABORATORIES - RESEARCH AND DEVELOPMENT P
MANUFACTURING - LIGHT P
OFFICES
ADMINISTRATION, PROFESSIONAL P
MEDICAL, GOVERNMENT, GENERAL P
PRINTING AND PUBLISHING P
RELIGIOUS SCHOOLS P
RESTAURANT FOR EMPLOYEES ONLY P
STORAGE - INDOOR ONLY P
TRADE SCHOOLS P
Ya°
3 .4 Dimensional Requirements. Cray shall meet the following
minimum requirements in the development of the Property. Where
requirements are not specifically stated, the minimum requirements of
the Eagan Zoning Code and Subdivision Regulations shall be met.
A. Lot Area and Width
1. Lot area: Minimum 5 acres
2. Lot width: Minimum 100 feet
• B. Building & Parking Setback
1. Building setback along public streets: Minimum 50
feet along Lone Oak Road (Co. Rd. No. 26) .
Minimum 35 feet along internal public streets.
2 . Building and Parking setbacks: Minimum 20 feet along
side or rear lot line. Minimum 100 feet along lot line
adjacent to residential district.
3 . Parking restriction: There shall be no parking
within the 50 foot setback area between the actual
building and Lone Oak Road (Co. Rd. No. 26) .
C. Floor Area Ration (F.A.R. )
The maximum floor area ration (FAR) that is permitted
for the entire 80 acre area shall be a maximum total
building square footage of 695, 000 square feet.
D. Maximum Building Height
The maximum permitted building height for buildings is
45 feet above grade.
E. Accessory Building Setbacks
The setbacks for all accessory buildings shall be the
same as those setbacks established herein.
F. Impervious Surface and Open Space
The following requirements shall be met for the maximum
percentage of impervious surface and minimum percentage
of open space provided on each lot. This computation
shall be for the "base lot area".
-4-
Said "base lot area" shall be the portion of the lot
remaining after subtracting land separated by natural
features from the main part of the lot such as ponding
areas or steep slopes (over 12% grade) .
Minimum Percent Maximum Percent
of Open Space * of Impervious Surface **,
35% 60%
* Includes that area not covered by buildings, parking, driveways
which may be utilized for landscaping.
** Includes surface covered by buildings, parking areas and
driveways.
3.5 Landscaping
A. General Concept
A detailed landscape plan(s) shall be prepared for all areas
of the Property. The detailed plan(s) shall be prepared by a
Landscape Architect registered in the State of Minnesota and
shall show at a minimum, the size, species, type and
quantity of all plant materials and groundcover. With the
initial development, Cray shall prepare a landscape manual
for the Property.
B. Preservation of Existing Trees
Mature existing trees (over 12 inches caliper) shall be
preserved to the maximum extent possible. All other quality
existing trees shall be preserved whenever practical and
possible. All "mature trees" or clusters of quality trees
shall be identified on the preliminary plat prior to any
approval of a grading plan by the City.
No excavation or other subsurface disturbance may be
undertaken within the drip line of any tree 12 inches in
diameter or more, and no impervious surface (including, but
not limited to, paving or buildings) may be located within
12 1/2 feet (measured from the center of the trunk) of any
tree 12 inches in diameter or more. For purposes of this
subsection, a drip line is defined as a perimeter formed by
the points farthest away from the trunk of a tree where
precipitation falling from the branches of that tree lands
on the ground.
-5-
C. Pondinq Areas and Steep Slopes
Natural vegetation surrounding existing ponds and covering
steep slopes shall remain undisturbed and shall be protected
from potential adverse affects from development.
In addition, the Landscape Plan(s) shall provide for
enhancement planting where warranted and shall provide for
suitable groundcover and plantings for all man-made -
retention ponds or drainage ways.
D. Street Boulevards
Along both sides of all newly created public streets, Cray
shall either plant or retain sufficient trees so that in the
boulevard or other areas as the City may direct there is for
every 30 feet of street frontage at least an average of one
deciduous tree that has or will have when fully mature a
trunk at least 12 inches in diameter. When trees are planted
pursuant to this section the type, size and tree species
shall be approved by the City.
The Landscape Plan shall also provide for suitable berming
and groundcover along the street boulevard.
The Landscape Plan and corresponding performance shall be a
part of the platting and street construction.
E. Individual Lots
At a minimum, Landscape Plans shall be prepared for each 5
acre area for which a general site plan is required prior to
any development. This plan shall establish the general
framework and may require further detail when specific
Development is approved.
F. Buffers
Landscape buffers shall be provided in accordance with the
requirements of the Zoning Code in effect at the time a
specific Development is approved.
G. Minimum Size Requirements of Landscape Materials
Individual lot landscape plans shall meet minimum size
requirements of the Zoning Code in effect at the time a
specific Development is approved.
-6-
\ g
H. Irrigation System
A suitable irrigation system shall be designed for approval
by the City, as a part of the Landscape Plan(s) . The
irrigation system shall provide for suitable irrigation of
all open spaces and shall be installed with the planting of
landscape materials.
I. Landscape Bond
A suitable financial guarantee shall be provided to insure
planting and maintenance of landscape materials as required
by the Zoning Code in effect at the time a specific
development is -approved.
J. Type of Landscape Materials
The City shall have the right to reject any unsuitable
landscape materials either at the planting stage or during
construction.
3 .6 Streets and Pedestrian Circulation
A. General Design
Public streets shall be provided as shown on the Land Use
Plan map of the City. Additional internal public streets may
be developed as more detailed plans are approved as a part
of platting each area.
Public streets shall be developed in accordance with the
provisions of the City Subdivision Ordinance and other
applicable Ordinances.
B. Access to External County Roads
No direct driveway access shall be taken from individual
lots to Co. Road No. 26 (Lone Oak Road) . All plats abutting
Co. Road No. 26, shall be subject to review by the Dakota
County Plat committee.
C. Entrances to Public Streets
All driveway entrances and other openings onto City streets
shall be approved by the City. In so far as to be practical,
driveway entrances shall be shared by adjacent users in
order to reduce the number of driveways. Such shared
accesses shall be planned as a part of the minimum 5 acre
Planned Development area required herein.
-7-
D. Pedestrian Circulation
A "Pedestrian Circulation" plan shall be prepared as an
exhibit with the initial submittal of Development to the
City.
The plan shall be coordinated with the City and Dakota
County Plan for sidewalks and pathways. Such plan shall
provide at a minimum, pedestrian ways by means of a sidewalk
or surfaced pathway to all office, or other public use areas
where pedestrian traffic is expected.
E. Traffic Analysis Study_
The traffic study prepared for the adjacent "Laukka-Beck
Eagan" Planned Development shall be updated incorporating
traffic projections for the Property. This shall be prepared
and reviewed by the City prior to initial Development of the
Property.
3 .7 General Design Criteria
A. Concept
The design of all uses and improvements shall reflect the
natural capabilities and limitations of the Property as
well as the characteristics and limitations of adjacent
property. The various structures, use areas, functions and
elements of the site design shall be integrated by design
into a unified whole except where separation is appropriate.
The development shall be visually harmonious as perceived
from both within and without to the extent that the Property
shall become an integral part of the planning and function
of the adjacent land to the west owned by Cray, which
additional land is a part of the Laukka-Beck Eagan Planned
Development and is legally described as Cray Second
Addition.
B. Site Design
Site design shall provide for the design of a minimum five
(5) acre area which is coordinated with the design and
development of the overall Property.
Site design shall provide all of detail and reviews required
by City Ordinance in effect at the time a development is
approved and as required herein.
-8- /
1 '1 1
C. Architecture and Building Materials
The design of individual structures shall be sensitive to
the general and immediate environment of the site relative
to architectural design, scale, bulk, color, height, and
orientation. The visual integrity of the area shall not be
adversely affected.
All buildings shall be designed to accomplish the goals and
objectives of the Comprehensive Plan and this Agreement and
the Laukka-Beck Eagan Planned Development. Building
materials which are selected shall be attractive in
appearance, durable with a permanent finish and of a quality
which is both compatible with adjacent structures and
consistent with the City's standards.
Major exterior surfaces on all walls shall be face brick or
stone. Glass, stucco, architecturally treated concrete, cast
in place or precast panels or decorative block will be
acceptable as the major exterior wall surface when they are
incorporated into all overall design which is compatible
with the standards for the district in which it is located.
Wood and metal may be used as accent materials, provided
that they are appropriately integrated into the overall
building design and not situated in areas which will be
subject to damage associated with heavy use.
D. Protection of Natural Areas
Certain areas within the Property may be unsuitable or
undesirable for development. These may include wetlands,
drainageways, select stands of trees, natural buffers or
other significant and environmentally natural and sensitive
features.
Features such as those described above shall be identified
on any site plan, preliminary subdivision plat, or other
application for development. As a condition of approval,
Cray may be required to designate and set aside land for
permanent open space. Open space land shall not be occupied
by buildings, roads, or road rights-of-way. Land designated
as open space shall be maintained as open space and shall
not be separately sold, subdivided, or developed.
The City's "Environmental Manual" shall also be followed by
Cray in planning for the protection and preservation of
these sensitive areas.
-9-
E. Lighting
Street boulevard lighting shall be consistent in terms of
the stand, type of light and spacing throughout the
Laukka-Beck Eagan Planned Development.
Individual site lighting shall also be consistent and
planned as an integral part of the site design of the
Property.
F. Signage
The developer shall prepare an overall sign manual which
shall control individual business signs by private covenant.
This manual shall be provided for review by the City prior
to approval of initial development.
At a minimum, signs shall comply with City Ordinances.
G. Parking
Parking space, size, orientation and surface requirements
shall comply with the City Zoning Ordinance in effect at the
time a development is approved.
Other issues including shade trees, landscaping, berming,
lighting and impervious surface are otherwise addressed
herein or in the Subdivision Regulations.
H. Drainage and Utilities
Requirements for storm drainage and public utilities shall
be considered at the time the preliminary plat is considered
for each area under the City's Subdivision Regulations and
other applicable Ordinances.
I. Public Safetv
Issues of public safety, such as police or fire protection,
shall be considered when specific proposals for plats or
site plans are considered by the City.
3.8 Schedule of Development The schedule of development of the
Property ("Phases") shall be prepared and submitted to the City at
the time of initial Development of the Property. The schedule shall
be attached hereto and shall become a part hereof.
-10-
I s-
3 .9 Outside Storage Unless otherwise authorized by the City, Cray
shall not store any materials, other than trash containers, outside
the confines of its buildings or facilities.
4. DEFAULT
As used herein, unless the context otherwise provides, "Default"
shall mean any one or more of the following events:
(a) Failure by either party to observe or perform any covenant,
condition, obligation or agreement contained herein, or in the Eagan
City Code, within thirty (30) days after receipt of written notice of
such failure.
(b) Failure by Cray to commence development (which shall mean,
but not be limited to, any of the following acts or combination
thereof: mass grading, installation of streets and utilities or
platting the Property within ten (10) years of the date of this
Agreement; provided, however, that if Cray commences development upon
a portion of the Property, Cray's failure to commence development of
any additional portion(s) of the Property shall not constitute a
Default hereunder for an additional five (5) year period after the
dates development of such Phase or any additional Phase(s) was to
complete.
5. REMEDIES
5.1 City's Remedies. Upon Default by Cray, the City may take
whatever action at law or in equity as may appear necessary or
desirable to the City to enforce performance and observation of any
obligation, agreement or covenant of Cray hereunder. Further, the
City may take one or more of the following actions, with respect to
the portion of the Property involved ("Default Property") or any
portion thereof:
(a) Initiate an amendment to the City's adopted
Comprehensive Land Use Plan for the Default Property;
(b) Initiate rezoning of the Default Property or any
portion thereof to a zoning classification consistent with the
land use designation for such Property;
(c) Declare null and void any building and site plans or
Development Contracts for the Default Property approved pursuant
to the Planned Development Ordinance;
(d) Refuse building or other permits for the Default
Property; or
-11-
(e) Stop work on the Default Property through the issuance
of stop work orders;
provided, however, that Cray does not waive its right to receive
notice of any hearing(s) or meeting(s) concerning any such actions
taken by the City nor does Cray waive the right to object to, oppose
or otherwise contest any such actions taken by the City.
5.2 Cray's Remedies. Upon any default by the City, Cray may take _
whatever action at law or in equity may appear necessary or desirable
to West to enforce performance and observance of any obligation,
agreement or covenant of the City hereunder.
6. PARTIES' WARRANTIES
6.1 City's Warranties. The City hereby represents and warrants
to Cray that it has and will have full power and authority to enter
into this Agreement and to perform hereunder. The City further
represents and warrants to Cray that such entry and performance does
not and will not violate any law, rule, ordinance, agreement or any
other obligation or duty of the City.
6.2 Cray's Warranties. Cray hereby represents and warrants to
the City that it has and will have full power and authority to enter
into this Agreement and to perform hereunder. Cray further represents
and warrants to the City that such entry and performance does not and
will not violate any right of any third party or create any liability
to any third party.
7. NOTICES
Notices, demands or other communications under this Agreement by
either party to the other shall be sufficient and deemed delivered if
dispatched by registered or certified mail, postage prepaid, and
addressed to the party and its attorney(s) at the address or
attorney(s) for receipt of notice under this paragraph by designating
in writing, and forwarding such writing, to the other party as
provided in this paragraph 7 .
In the case of the City, notices shall be mailed to:
City of Eagan
3830 Pilot ,Knob Road
P.O. Box 21199
Eagan, Minnesota 55121
Attn: City Administrator
-12-
(;--°6\
Severson, Wilcox & Sheldon, P.A.
600 Midway National Bank Building
7300 West 147th Street
Apple Valley, Minnesota 55124
In the case of Cray, notices shall be mailed to:
Cray Research, Inc.
8. AMENDMENTS
This Agreement may be amended from time to time as the parties shall
mutually agree. Any such amendment must be in writing and signed by
both parties.
9. EXHIBITS
The following Exhibits attached hereto or denoted hereby shall be
incorporated herein by reference and made a part hereof as if fully
set forth herein:
Exhibit A Legal Description of Property
The following Exhibits shall be provided with Preliminary Plat and
prior to initial Development:
Exhibit B Preliminary Development Plan
("Development Plan")
Exhibit C Schedule of Development ("Phases")
Exhibit D Traffic Analysis Study
(Update of Laukka-Beck)
Exhibit E Pedestrian Traffic Plan
Exhibit F Landscape Plan
Exhibit G Signage Manual
Exhibit H Lighting Manual
Exhibit I Architectural Design Manual
• Exhibit J Environmental Work Sheet
-13-
5°
10. ASSIGNMENTS
Except as specifically stated herein, this Agreement shall be binding
upon and inure to the benefit of the parties and their respective
successors and assigns.
11. RECORDING
This Agreement �h��kotanCa�titytRecardercorl�egis�ra�a�fbTit�esrded in
the Office of the
GOVERNING LAW
This Agreement shall be governed by and construed under the laws of
the State of Minnesota.
13. GENERAL PROVISIONS
Should any provision of this Agreement be held to be void., invalid,
unenforceable or illegal by a Court, the validity and enforceability
of the other provisions shall not be affected thereby. Failure of
either party to enforce any provision of this Agreement shall not
constitute or be construed as a waiver of such provision nor of the
right to enforce such provision. The headings and captions contained
in this Agreement are inserted for convenience only and shall not
constitute a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
APPROVED AS TO FORM CITY OF EAGAN,
a Minnesota municipal
corporation
City Attorney's Office By: Thomas A. Egan
Its: Mayor
Dated:
By: E.J. VanOverbeke
Its: City Clerk
-14-
31
APPROVED AS TO CONTENT
Community Development Department
CRAY RESEARCH, INC.
By:
Its:
Date:
-15-
� �2
Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES
OCTOBER 22, 1991
REZONING
CRAY RESEARCH, INC.
Chairman Graves opened the last public hearing of the evening
regarding a Rezoning of approximately 40 acres from R-1 (Single
Family) to a Planned Development district located along the north
side of Lone Oak Road east of Highway 55 in the SE 1/4 of Section 1.
City Planner Sturm discussed the background of this application.
He stated that City Staff is very pleased with this application.
Ron Zamansky, a representative of Cray Research, stated that he
was there to answer any questions.
Chairman Graves stated that the relationship the City has with
Cray Research has been everything they had hoped it would be and felt
that Cray was doing a very good job.
Hoeft moved, Trygg seconded, a motion to approve a Rezoning of
approximately 40 acres from R-1 (Single Family) to a Planned
Development district located along the north side of Lone Oak Road
east of Highway 55 in the SE 1/4 of Section 1.
All present voted in favor.
ADJOURNMENT
Miller moved, Hoeft seconded, the motion to adjourn the October
22, 1991 Advisory Planning Commission meeting at 8:25 p.m. All voted
in favor.
•
Secretary - Eagan Advisory
Planning Commission
�
T
Agenda Information Memo
• November 19, 1991, City Council Meeting
RECEIVE BIDS/AWARD CONTRACT
(MANOR LAKE 4TH ADDITION)
A. Contract 91-12, Receive Bids/Award Contract (Manor Lake 4th Addition - Streets &
Utilities)--On November 15, 1991, at 11:00 a.m., bids were received for the installation of
streets and uti ' ies to service the Manor Lake 4th Addition. The bid tabulation is enclosed
on page OS . Due to unresolved issues pertaining to final plat approval for the above-
referenced subdivision, the contract award for this project will have to be continued to the
December 3, 1991, Council meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To continue the award of the above-
referenced contract to the December 3, 1991, City Council meeting.
•
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/
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: ASSISTANT TO THE CITY ADMINISTRATOR DUFFY
DATE: NOVEMBER 18, 1991
SUBJECT: HEALTH INSURANCE FOR 1992
Background
As you know, we have discussed several strategies regarding health
insurance plans for 1992 for all City employees. The main
objective has been and is to provide good coverage for all
employees while keeping costs as low as possible for both the
employees and the City.
Beginning in August, I requested 1992 rates from our three present
carriers, Group Health, MedCenters and Medica (formerly PHP) . I
asked for rates for no office visit co-payment plans such as we
have now and for rates which include a $10 office co-payment for
illness or injury (not for preventive visits/physicals, etc. ; those
would be fully covered) . I have also requested from Medica rates
that would be effective if they were the only carrier at the City.
(I did not request this information from Group Health and
MedCenters because these two plans cover less employees between
them than Medica does as a whole. I reasoned that if a majority of
III the employees would agree to a switch to one carrier it would be to
the one to which the majority of them belong. Medica is also a
"free choice" plan, not a closed HMO like the other two, and
currently offers the lowest family rates to us. )
Police and dispatchers have requested coverage of retirees from age
55 to age 65 in bargaining. Therefore, I also asked Medica if this
would be available. Unfortunately, our Medica representative went
on maternity leave in the middle of all this and the receipt of the
requested information from them was delayed.
Below please find a summary of the information submitted. The
alternatives proposed by Medica include (1) "Same plan" - the same
plan as offered in 1991 (Please note that both Carespan [Group
Health] and MedCenters are proposing only the same plans they
offered in 1991; they did not submit others) ; and (2) "Same plan
plus a $10 office copayment" from the employee each time an office
visit is made for illness or injury (preventive checkups have no
office copayment) . Both of the above alternatives presume the City
will again offer all three present plans to its employees. Medica
also offers the following proposals if the City switches to one
plan only, their plan: (3) "Medica only" - this is the same plan
as offered now; (4) "Medica only with a $10 office copayment" as
described in #2 above; and (5) "Medica network only" -- only Medica
providers could be used (currently both Carespan and Medica offer
plans wherein employees may use the network providers or choose to
go to a non-network provider by paying a deductible up front. )
Proposed Rates 1991 1992 # EMP 1991 1992 # EMP
SINGLE SINGLE PERCENT CURRENTLY FAMILY FAMILY PERCENT CURRENTLY
CARRIER RATE RATE INCREASE ON RATE RATE INCREASE ON
CARESPAN (G.HLTH) 153.47 199.55 1.300 13 378.65 378.65 1.000 16
MEDCENTERS 127.50 147.90 1.160 24 344.40 399.50 1.160 18
MEDICA (PHP):
SAME PLAN 199.00 232.80 1.170 32 333.00 389.60 1.170 73
SAME PLAN + $10 OFFICE 199.00 224.90 1.130 32 333.00 376.50 1.131 73
MEDICA ONLY 199.00 218.90 1.100 69 333.00 366.30 1.100 107
MEDICA ONLY + $10 OFFICE 199.00 211.50 1.063 69 333.00 353.90 1.063 107
MEDICA NETWORK ONLY 199.00 215.65 1.084 69 333.00 360.90 1.084 107
The above information was presented to the department heads at a
meeting held this morning. Advantages and disadvantages of
switching to the one provider (Medica) were discussed. They
include:
Advantages
1. There would be a significant cost savings for all employees
currently on a family plan.
2. Medica would allow the City to insure retirees between the
ages of 55 and 65 at the single rates quoted if the City went
exclusively with them and if the City paid at least half the
premium for single coverage only.
3. Medica would supply an Employee Assistance Program for the
City at no additional charge.
Disadvantages
1. After comparing money to be saved by the City and increased
expenses to the City, it appears there would be an increase to
the City's costs of approximately $6000, due primarily to the
increase in premiums for single coverage.
2. There are two contracts presently settled for 1992 which
stipulate the City's contribution toward the premium for
family insurance will increase by half of the lowest
percentage increase of any plan. Since Carespan (Group
Health) did not increase its family premium, the City's
contribution would remain at the 1991 rate ($262.76) for
employees in the clerical and maintenance worker bargaining
groups. The City Council would have to determine the amounts
for the other bargaining groups and non-bargaining employees.
3. Approximately 71 employees would be forced to change their
//114: medical care providers if only one plan is chosen.
4. There is no guarantee Medica would not increase rates
significantly next year.
5. We had originally intended to put out Requests for Proposals
next year for the City's health insurance. If yet another
provider is selected as a single provider, some employees
would be forced to change providers twice in two years.
Recommendation
It is the recommendation of the department heads that:
1. The City keep the same providers for 1992.
2. The City shall issue request for proposals for health
insurance for 1993 in mid to late summer of 1992 .
If you need further information, please contact me.
ML N.11
Assistant to the Ci y Administrator
• Special Note: I also investigated dental insurance, a request from
several bargaining groups. The City would probably only
participate in this program if the employee paid the entire
premium, no extra dollars being available for an additional benefit
at this time. If approved, this program would be presented as a
service to the employee because they could qualify for less
expensive group rates. However, most plans would require a
contribution by the City. Barring that, they would require a set
number of the employees at the City enrolling. This could be a
very difficult figure to reach because the City's medical plans
currently contain preventive dental care and the additional
premiums for the dental plans could be $50 to $60 per month for
family coverage. Also, the next request regarding dental insurance
to come from bargaining groups would be a City contribution toward
that coverage.
•
MINUTES OF A REGULAR MEETING OF THE '-
EAGAN,CITY COUNCIL
Eagan,Minnesota
November 7, 1991
A regular meeting of the Eagaii$5;ty Conpl was iel on Thursday,November 7, 1991,at the Eagan
Municipal Center. Present were Mayor EaCoüidlethbers Wachter,Gustafson,McCrea,and Pawlenty.
Also present were City Administrator ligges, Community Development Director Dale Runkle, Director of
Public Works Tom Colbert, and City Ak:kiley James Sheldon.
• PPM
City Administrator Hedges said:I:bat the only.change to the agenda was a request to move the first item
under Administrative Agenda,YMCA Grading Pei*,to Department Head Business.
With that change in mind,McdiE:ii moved *rochter seconded a motion to approve the agenda for the
November 7, 1991 regular City Council 5 Nay: 0
McCrea moved,Gustafson seconded a motion to approve the minutes for the June 18,1991,special City
Council meeting. Aye: 5 Nay: 0
Wachter moved,Gustafson seconded,a motion...to:000e the minutes for the July 2,1991,special City
Council meeting. Aye: 5 Nay 0
•
Councilmember Pawlenty reconiiiiiiideil the foll*ing change to the minutes for the July 29,1991 special
City Council meeting: •
•
Page 3, paragraph 1, fifth sentence after the 4... ...!`j0.0ort a,"strike the words,"combination of a."
Gustafson moved,McCrea seconded a motion to approve the minutes for the July 29,1991 special City
Council meeting as amended. Aye: 5 Nay: 0
Pawlenty moved,Wachter seconded a motion to approve the minutes for the September 3, 1991 special
City Council meeting. Aye: 5 Nay: 0
Wachter moved, Gustafson se4iiied a to approve the minutes for the September 10, 1991
special City Council meeting. Aye: 5 Sy: 0
Pawlenty moved,Gustafson sei*ledOtii*V.:oppr.crie the minutes for the October 22,1991 special
City Council meeting. Aye: 5 Nay:
Wachter moved,Gustafson seconded a motion to approve the minutes for the October 15,1991 regular
City Council meeting. Aye: 5 Nay: 0
DEPVITIONti- INN:MESS
YMCA •
GRADINd:KRMIT
•
After introduction by Mayor f;g4, City Administrat*:Hedges said that the original YMCA grading
permit had been approved by the Citj.f.iPoon9i1..sOic.14:4cKrkiial analysis and detailed review by City staff.
Page 2/EAGAN CITY COUNCIL MINUTES ---
November 7, 1991
Concerns regarding further development:plans and the preservation of trees were relayed to the YMCA.
Director of Community Development Rttie said numerous meetings had been held with staff, surrounding
property owners and the YMCA to address those concerns. He said the grading permit had been revised to
include four additional acres which would tail.iw si#ie 9;+ ittg'o1 the site plans in order to be more site sensitive.
He said the only property to be graded ate ftCimio is1ts€iiittited for Phase 1 and Phase 2 of the Y project.
Director of Community Development Runkle noted that Gopher Smelting remains opposed to the use,however,
indicated their opposition was related tc eparate issue.
Ross Fefercorn, of Country Home Builders, said that while the plan before the Council was a more
appropriate plan with less intense grading,questions and concerns still remained. He said the plans the YMCA
has put forth are conceptual at best and need more detail as to landscaping,retaining walls and actual grading.
• Mr. Fefercom was concerned that if thc::were not built, what guarantees were in place for restoration. He
then went on to question the advisability;and compslbility of locating a YMCA and daycare center across from
Gopher Smelting.
Mr.John Traver,President of the YMCA,sand he could assure the Council that construction would take
place on the site next spring and summer:q?t .t i.oA1y.g iestioii:remaining being size. He said if fundraising
efforts were successful,Phases 1 and 2 were only partially successful,only Phase
1 would be constructed. He said in order to be successful in raising funds, they must have a specific site. He
also indicated that beyond the significant savings of having the grading done now was the YMCA's desire to
occupy the site by late summer. Councilmember Pawlenty asked Mr.Traver to clarify that locating the facility
on the West property was the Y's choice and was a site being directed or recommended by the City. Mr.Traver
said the local organization committee and the general board:,of gie YMCA had performed a review and felt the
West site to be a very good site for the Y not only:.because rof the donation but because it is on a main access
and would therefore serve other communities a well as:Eagan.
Councilmember Pawlenty then askrt :Mr,. Traver about a letter from Leonard, Street & Deinart
regarding the location of the YMCA across':fi*::: 3opher:.Smelting. Mr. Traver said this was not a new
development and said the YMCA would never jeopardize:: ie:stealth and welfare of its members. He said the
Y would have a complete environmental study done of the area and would be very concerned if they found
pollution on the site. He said it was his understanding that no current laws were being violated by the smelter,
however, they would scrutini7p the site by hiring Twin Cities Testing as well as an outside consultant. City
Administrator Hedges informed the Council that the City had done periodic testing at the Gopher Smelting site
over the years, however, approximately six years ago the Environmental Protection Agency made it clear that
they are the regulatory body for the policing.o .eavironmenW.oncerns associated with Gopher Smelting. Mr.
Traver added that they assumed the area:was:saft;:or the' *Would"draw a line around Gopher Smelting"and
allow no development in that area. :£Sty Adniwistrator Hedges said that the EPA had been part of
correspondence regarding the developnitnt of this iite'and had not been in contact with the City regarding any
concerns. Mr. Harry Gallaher,represent*West Publishing, also indicated he had not had any conversations
with the EPA.
Mr.John Nasseff,of West Publishing Company,piovided background on how they came to be involved
with the YMCA in the development of a Y facility on the West property. He said West had given the property,
as well as a$500,000 contribution,to the Y for the people in the community. He said the development of a Y.
would help the entire community and would also help Mr. Fefercorn sell his houses; however, if there are
pollution concerns with the property,West would: :to be aware of it. Mr.Fefercorn said the facility was not
good for him as a builder and other sites::i∎40 be'inkite ►propriate for a daycare center. Councilmember
Gustafson asked Mr.Fefercorn why he�i!tigld continue to tiipid.homes in the same area as Gopher Smelting if
it presented a danger. Mr.Fefercom said'tliere were always risks,however,the risk he was referring to in regard
to Gopher Smelting and the YMCA had:vore to do with the ptttlic perception of locating a facility across from
a smelter. He asked that the City look i jt;:everything.before.?[0moying all the trees. Mr.Fefercom also indicated
Page 3 GAN CITY
ag /FA COUNCIL MINUTES
November 7, 1991
that Opus Corporation had donated thepment for grading the site and it would not be a tremendous cost
to bring the equipment out again next sp I g. It was pointed out to Mr.Fefercorn,however,that the equipment
might not be available next spring as it gr 4d;be;.in:.use.•ky+:opus.
Councilmember Pawlenty suggested that the Coiiadf move ahead. He said it was the City's job to look
at the grading permit, the platting and t1 :ordinances as they apply and it is incumbent upon Mr.Traver and
the YMCA to get to the bottom of any c'iiiestion of pollution from Gopher Smelting. Mr.Steve Bryant,of West
Publishing,noted for the Council's information that an exhibit from the Environmental Impact Statement(EIS)
for West indicates that the Y development is substantially less than what was originally planned for that property
by West.
Linda Briand and Jim H,resid6i ti of the C,ity.,both came forward to indicated their support for the Y
facility.
Gustafson moved, Wachter seeouded a miidon to approve the grading permit for the YMCA site
considered Outlot C and part of Outlot:$:;of.the:West.Publisbmnn.4th Addition. Aye: 5 Nay: 0
HALLOWEEN SNOW STORM
Mayor Egan commended the Public Works Department,the Parks&Recreation Department,and all
others involved in the snow removal efforts associated with the Tialloween storm. He indicated that'staff had
done an incredibly good job as evidenced by the small.;n :of phone calls of complaint.
larSPITORNIM
A. PERSONNEL ITEMS
Item 1. It was recommended that the resignation of Frank J. Oster, part-time building maintenance
worker,be accepted.
Item 2. It was recommended that Wayne Schwanz be formally appointed as Superintendent of Utilities
and filling the vacant Supervisor position in the Sewer Section of the Utilities Division authorized.
B. Licenses. Plumbers
It was recommended that the.:following plwnbers' licenses be approved: 1) Hopkins Plumbing &
Heating, 2) Peterson Plumbing& Heatinig,3) Solar;!Mechanical, Inc, and 4)L.T.Steiner, Inc.
C. Proclamation. Chemical 1991
It was recommended that the week of November 8-15 be proclaimed Chemical Health Week in the City
of Eagan.
D. Canvass of November 5 Elect[4►e: }t}�.;.;.;::.
•
It was recommended that the re s`of the November }1991 municipal elections be officially declared.
•
Page 4/EAGAN CITY COUNCIL MINUTES
November 7, 1991
E. Receive Specifications/Autliiiiize Advertisement for Bids.2100 Gallon Flusher Truck. Parks &
Recreation De ent
It was recommended that specifidatu tuff t 3:8 d;Advertisement for bids for a 2,100 gallon flusher
truck be approved.
F. Resolution.Dakota CountvAinmunity Landfill Abatement Special Assistance Grant Program
It was recommended that the resolution regarding the Dakota County special assistance grants program -
for solid waste reduction activities be approved.
G. Consideration.Hadler Parli:!lanned Development Agreement
It was recommended that the Hauler Park Fanned Development Agreement be approved and execution
of the agreement be directed.
H. Application.Service Station rPerriall axvate:S1 cIair/Bradco Automotive.Inc..3946 Nicols Road.
It was recommended that the service station permit for Cedarvale Sinclair/Bradco Automotive,Inc.be
approved.
I. Land Surveyor's Certificate of Correction to Plat,Difiley Commons Addition
It was recommended that the land surv+eyorVcertificate of correction to the plat for the Diflley
Commons Addition be approved.
•
J. License. Off-Sale Liquor. Ralph Magnason for Liquor Shoppe Inc..4250 L.exdngton Avenue
•
It was recommended that the off-sale liquor w Ralph Magnuson for the Liquor Shoppe, Inc.
be approved.
K. Agreement to Settle Damage Claim.Brutger Company/St. Paul Companies
It was recommended that an agreement to settle a damage claim against the Brutger Company/St.Paul
Companies be approved.
L Contract 90-08.Approve MO PaymeiiiAiithorize City Maintenance (Sibley Terminal Industrial
Park-Storm Sewer)
- It was recommended that the tl aad: i1 payment to Contract 90-08(Sibley Terminal Industrial Park
- Storm Sewer) in the amount of $11;3f.3: 4 be apg sdod:and the City authorized to perform perpetual
maintenance subject to appropriate warranty provisions.
M. Protect 612. Receive Feasibility Report/Protect (1..cd_nzton Avenue Storm Sewer & Blackhawk
Cover Sanitary Sewer Lift Stations Reconatructigp)-
It was recommended that the feaSib4!ty'i epoi t eived and Project 612 (Lexington Avenue Storm
Sewer and Blackhawk Cove Sanitary Sewer.Lift Stations Roc flstruction) be approved.
•
Page 5/EAGAN CITY COUNCIL MINUTES
November 7, 1991
N. Contract 92-02.Approve Plaiiikuthorize Advertisement for Bids (Lexington Avenue Storm Sewer
& Blackhawk Cove Sanitary Sewer Lift Stations Reconstruction)
It was recommended that the pliiii*:goioov40..exington Avenue Storm Sewer&Blackhawk
Cove Sanitary Sewer Lift Stations advertisement for a bid opening at 10:30 a.m.
on December 13 be authorized.
0. Amendment to Pond Construction Agreement (Lot 2. Block 1.Eagandale Center Industrial Sib
Addition)
•
It was recommended that the amendment to Pond Construction Agreement for Lot 2, Block 1,
Eagandale Center Industrial Park 8th Action be approved and the Mayor and City Clerk authorized to execute
all related documents.
P. Contract 90-17. Approve FInal Paymeiii/Authorize City Maintenance/Well Pumps #3 and #4
Renair
•
It was recommended that the secon4 dflipaiènt for Contract 90-17 (Well Pumps #3 & #4
Repair) to Bergeson Caswell, Inc. in the amount of$2,089.02 be approved and City acceptance for perpetual
maintenance authorized subject to all appropriate warranty provisions.
Pawlenty moved, Gustafson seconded a motion to approve the Consent Agenda as presented. Aye: 5
Nay: 0
oitifenttorGs
•
FINAL ASSESS*kireVE4.44G/DELINOUENT BILLS
I -1.
After introduction by Mayor Egan,City Administra*.11edges asked that Parcel#10-14352-040-02 be
removed from the assessment roll as the bill was incurred foi'that property before purchase by the present
owner.
The property owner of Parcel #10-31900-060-02 also indicated a similar situation and asked that his
name be removed from the assessment roll. City Administrator suggested that the City Council omit his parcel
in approving the assessment roll and his claiM'..**d ber0e.??Otl. He said if there was no basis for the claim,
the assessment would be returned to th0:00:doi*:0:.*:airtifitation to the County.
McCrea moved, Pawlenty seconded a motion to close the public hearing and approve the final
assessment roll for the delinquent bills+Ai the excO0on of Invoice 5242 and authorized its certification to the
. : County for collection.
After the motion, a resident came forward to contest the bill he had received for weed cutting. He
indicated he did not understand the process and did not feel the bill appropriate. After discussion, it was
determined that the assessment roll would be allowed to stand as approved, however, staff will review his
particular situation.
........
Aye: 5 Nay 0
•'•
Page 6/EAGAN CITY COUNCIL MINUTES
November 7. 1991
VACATION/901AT A.COVENTRY PASS ADDITION
Mayor Egan introduced this item as the.S!AC,ation.of•public right-of-way and drainage/utility easements
for Outlot A of the Coventry Pass Additioni::#t t r P014f4 Works Colbert indicated that all notices had
been published in the legal newspaper antf'seiit'to'alf pofeittiafly'aHected parties informing them of this proposed
vacation. He said as of this date, staff h0 not received any objections to this request.
Pawlenty moved,Wachter seconded, a motion to close the public hearing and approve the vacation of
public right-of-way and drainage/utility easements over that portion of Outlot A, Coventry Pass Addition, as
described. Aye: 5 Nay: 0
SADD9:.Q. RN ADDITION/STREETLIGHTS
Mayor Egan introduced this item as Projec:619, Saddlehorn Addition,installation of streetlights.
Director of Public Works Colbert:said•that.at the,.Qctpber 15 City Council meeting, a public hearing
had been held to consider the installation:osr*ettlig14viil :t1 ::Saddlehorn Addition. Such consideration was
in response to a petition submitted by 13•of'the 2S.04e1:ties•within that development. Because of concerns
expressed by residents, the City Council continued the public hearing to November 7 and directed staff to
prepare alternatives for review with the homeowners at a neighborhood meeting to be held on Monday,October
28. Mr. Colbert indicated that the neighborhood meeting had been held, however, only two property owners
were in attendance. In addition,one letter and one telephone call.had been received in reference to this project.
Mayor Egan then addressed the audience:<He:. :t ie•City Council had been petitioned for streetlights
in the Saddlehorn Addition but when held on October 15, the majority of those in
attendance were opposed to the streetlights:'Mayor Egan said with three alternatives available,he was concerned
that the Council act on that alternative held:*tize.:nalority' position. He then asked if there was anyone in the
audience who wished to address the issue. There: ::no:one.in attendance to discuss Project 619.
McCrea moved, Wachter seconded a motion to close the public hearing and approve Project 619,
Saddlehorn Addition(Streetlights)as originally proposed and authorize their installation through Dakota Electric
Association.
Councilmember Gustafson indicated that he would vote against the motion based on a letter and phone
call received in opposition to the proposed::stetights. .•
•
Aye: 4 Nay: 1 (Gustafson)
IXOSUSINESS
PRELIMINARY PLAT':EXI' QS1O S$:IAA'RTHA& MARY ADDITION
Mayor Egan introduced this item as an extension of the preliminary plat for the Ss. Martha & Mary
Addition,located at the northeast intersection of Diffley Road and Lexington Avenue in the southwest quarter
of Section 23. The Mayor said this item had been continued from the October 15, 1991 regular City Council
meeting and said all issues had been satisfac#ori :::i lied:. He asked Rev. George Martin, representing Ss.
Martha & Mary Episcopal Church, if he was:sat ed'w i::the resolution of issues and he indicated he was
Pawlenty moved,Gustafson seconded a motion to appiove a one-year preliminary plat extension for Ss.
Martha&Mary Addition located at DilQy and Lexington Aves as presented subject to the eight conditions
of original approval and the following sow;conditions •: :•:•:•:::::
Page 7/EAGAN CITY COUNCIL MINUTES
November 7, 1991
9. A water quality pond sla8:be required to treat the adidtional runoff that will be generated by
this development. The:piiid shall have 0.23 acres of surface area at the NWL and shall have
a wet pond volume of Q65 aq'cs/fe t..
10. This development shall' cafe'60''.of'ltiiiifright-of-way along both County roads for the
ultimate development tik4xington Avenue and Diffley Road.
Aye: 5 Nay: 0
OUTSIDE STORAGE ORDINANCE AMENDMENT
Mayor Egan introduced this item ,s an ordinance amendment with the City of Eagan,amending Chapter
11 (zoning) of the Eagan City Code regarding outs*storage. City Administrator Hedges indicated the item
had been considered by the Advisory Plapmng Comii i&sion at their September meeting and staff was requesting
additional time to circulate the ordinanee:itmendm*to others in the business community.
Mr.Tim Wonzel, representing ton 'Fltipp b SttlrtCBt said be had an opportunity to review the proposed
ordinance change and asked that the City Council consider clarification in the following areas: 1) He asked that
references to "trash receptacles" be defined. He said as presently defined, a trash barrel would not even be
allowed by the front door of the store. 2)He indicated that vending machines had been left out of the definition
of outside storage and said they should be subject to the same ordinance requirements. 3)Under"Standards,"
he requested a better definition of enclosures, and questioned whether the enclosures used for ice chests and
propane were appropriate. 4)Also under"Standards,"tbe..orditiance would require that no enclosure interfere
with any pedestrian or vehicular movement. Mr., you el.said'under the strictest interpretation,anything on the
sidewalk would interfere with pedestrian:tra ::and''asked that minimum requirements be indicated or the
minimum space be defined.
•
After addition discussion,McCrea moved,:Wa bt ':seconded a motion to continue to the November 19,
1991,regular City Council meeting, an amendment to the City:(ode Chapter 11 regarding outside storage for
additional consideration of proposed technical modifications.'Aye: 5 Nay: 0
LOT COMBINATION.l9REEMEN '4 ERYL& DAVID RINGBERG
Mayor Egan introduced this itii::as a lotcibination agreement for Sheryl and David Ringberg to
combine Lot 1, Block 5, Windtree 4th Addition v111i Lot 1, Block 2, Windtree 6th Addition. Director of
Community Development Runkle indica d:that combttning the two parcels would permit combination of adjacent
lots into a single tax parcel and allow thcr app nt:049 nested the property. The applicant was present.
Gustafson moved,Wachter seconded a motion to approve a request to combine Lot 1,Block 5,Windtree
4th Addition and Lot 1,Block 2,Windtree 6th Addition subject to a lot combination agreement as presented.
Aye: 5 Nay: 0
FRONT YARD SET N /SU NCREST ADDITION
Mayor Egan introduced this i(ern as a variance fcii::. liam:G. Huttner, Lot 1, Block 1, Suncrest
Addition, for 10 feet from the front yard setback.
Page 8/EAGAN CITY COUNCIL MINUTES -_
November 7, 1991
After discussion, it was indicated:that the hardships for this variance would involve saving additional
trees on the property as well as permit ipig a larger home which would conform with the standards of the
neighborhood.
McCrea moved,Wachter seconc[ d''a mOt?on'to pprvvea 10 foot variance from the required 30 foot
front yard setback for William Huttner tOf 1,Block 1,Suncrest Addition as presented subject to all other
City Code requirements. Aye: 5 Nay:
STREET SETBACK VARIANCE/THOMAS LAKE ADDITION
Mayor Egan introduced this item as a variance for M.W.Johnson &Associates,Inc. of 5 feet to the
street side setback for Lot 8, Block 1,Taas Lake Addition. The applicant was present.
Before making a motion to approve this:viriance, Councilmember Pawlenty noted the substantial
decrease in the number of feet requested:fi it this variance as opposed to the 15 foot variance approved but never
enacted for this lot in 1987. He also noted..the.odd.shape of.tbe.i4t and the difficulty of placing a home on this
lot.
Pawlenty moved,Gustafson seconded a motion to approve a variance of 5 feet from the 30 foot setback
from a public street for M. W. Johnson for Lot 8, Block 1, Thomas Lake Addition subject to the following
conditions:
1. No other variances shall be granted for.tbis:: is
2. All other applicable ordi ►ances:;`: '''
Aye: 5 Nay. 0 •
SPECIAL USE PERMIT/MINI-DONU T;SALES/CUB FOODS
Mayor Egan introduced this item as a special use permit for Michelle Floret,Lot 1,Block 1,Cliff Lake
Center, for temporary sales of mini-donuts outside of Cub Foods. It was noted that this application had been
approved for one year in 1990 and no complaints had been received.
McCrea moved, Pawlenty Sc conded::*: otion to.. trove a special use permit for Michelle Florez for
temporary sales of mini-donuts outside of 1bf f oods..au#ect:to:the following conditions:
1. The operation shall be limited to Sa'Ciirdays and Sundays from 9:00 a.m. to 9:00 p.m.
• 2. The permit is temporary:and_s ll re.Niwember 30, 1992.
3. The sales area shall be dearly delineated and a sufficient amount of space provided to keep
customers out of available parking spaces and traffic lanes.
Aye: 5 Nay. 0
CONDITIONAL USE F•Quit SCIITJS R EQUIPMENT:COMPANY
Mayor Egan introduced this item'as a conditional use'permit for Schuster Equipment Company to allow
sales and service for heavy equipment oiitl t 1,Block 1,Sibley ilerminal Industrial Park located along the west
side of Highway 13, south of Alexander iad,.in.the.no th q ter of Section 9. Director of Community
Page 9/EAGAN CITY COUNCIL MINUTES ---
November 7, 1991
Development Runkle said the applicant::* in agreement with the conditions placed on the conditional use
permit,however is looking for some latitiikin the timeframe in which to comply with some of those conditions.
Mr. Mark Olson,President of ga!ititittii: piOitt:.PM!pany, said the primary marketing focus of his
company is selling and servicing mobile dplows for municipal agencies. At the present
time,they employ three full-time employes.in Parts&Service,and two full-time sales people. Mr.Olson said
they are planning to increase their saleti*ff to four persons in the near future. Director of Public Works
Colbert then asked the applicant if he ifig aware that if the conditions were not met within the time frame
indicated in the conditions,the conditional use permit for Schuster Equipment Company would be revoked. The
applicant indicated he was aware of the conditions of approval.
Pawlenty moved,Gustafson secptgled a motion to approve an application for a conditional use permit
for the Schuster Equipment Company tiO4Bow sa16.0:.0d service for heavy equipment subject to the following
conditions as modified by the timeframe;4:*dicatedf:::::
L All trash and recycling.cimtaipers.'sliill be stored indoors.
2. All signage shall be subjI fee of$2.50 per square foot.
3. This conditional use permit shall be recorded at Dakota County within 60 days of City Council
approval with documentation provided to the City.
4. All other applicable City Codes shall be.j.440.iiit to.
5. Two catch basins shall tc..c.ott0t4iiiiti:011eat stormwater runoff from the site and the catch
basins shall connect ti:f.;:oe built over the existing 48 inch stormsewer on the
north side of Alexander 100:1;4y...fune t1992.
............•.•.•.•.•.•.•..
•
6. The east edge of the site shall be graded t provide for a maximum slope of 11 and the area
shall be restored in accordance with City requirements by June 1, 1992.
7. The gravel parking lot south and west of the building shall be upgraded to a bituminous or
concrete surface with concrete curbing gutter by July 1, 1993.
8. A permit is required from..t1r...:city for any...c9pstruction activities within public right-of-way.
9. The broken concrete 1.444i laying*iiie property shall be removed.
10. No more than 20 vehie,10:at one tiFttp shall be stored outside.
Aye: 5 Nay: 0
CONDITIONAL
ADAMS OUTDOOR ADVERTISING
Before addressing the four condit,ionag::*:*mits and variances requested by Adams Outdoor
Advertising for billboard signs, Mayor be most expeditious to discuss the entire issue
of billboards before judging each sign regp*St on its indiviaigiperits. He also indicated that the four concerns
expressed by Advisory Planning Commisiiiiiithairman Gary diiives had been noted. City Administrator Hedges
said the Advisory Planning Commissio4:40 recommended 441 of all four applications.
.......
•
Page 10/EAGAN CITY COUNCIL MINUTES -
November 7, 1991
Councilmember Pawlenty said::h law firm had at one time represented the Naegele Outdoor
Advertising Company and in order to amd the appearance of a conflict of interest, he did not believe it
appropriate to act on the competitor's applications for billboards. The Councilmember then removed himself
from the discussion and the vote on each o:t t.c. tibita :use permits/variances.
Each billboard location was disused by the City Council and then Mayor Egan opened discussion to
public comment. Mr.John Bodger, representing Adams Outdoor Advertising, said their application had been
delayed a year ago because of a moratoriiiai placed on billboards by the Eagan City Council. Now that the
moratorium had been lifted,Adams Outdoor Advertising was requesting signs based on the same square footage •
as other applications in the City. He said when these signs are first built,the advertising space may not be sold
immediately and would present an opportunity to place public service announcements on them. He said they
also have agreed not to carry any liquor;or.rigarette advertising on their billboards in Eagan. Mr.Bodger said
all four property owners were.trying to 3natket thef;properties and all four billboards should be looked upon
as temporary. Mr.Bob Graziger,also representing .kdams Outdoor Advertising,said the concession to not allow
any tobacco or liquor advertising on any billboards in Eagan was given in order to allow Adams to build the
same size billboard that has been granted to competitors. He said that both he and Mr.Bodger lived in Eagan
and were sensitive to the community and::had:`•t o::dash:::tQ?:signs in either residential or parkland areas.
He believed the signs,if aesthetically build could geYiefate'incc me for Eagan businesses and Adams would pursue
Eagan business as a top priority.
During discussion on these items, Mr. Graziger offered another concession and indicated Adams
Outdoor Advertising would concede the billboard on Diffley if the other three signs were approved.
Councilmember Gustafson then asked if the.:alip1 cant met the conditions for a conditional use permit
whether the application would have to be.,grante3: :City"Attorney Sheldon noted that a number of factors must
be met in the conditional use permit prose. fe•said the:Burden of proof,however,is on the applicant to show
that they have met these factors, not on the:C•ity tp show:that they have not. He said each application is site
specific and the City Council may grant a conditional ::permit or variance on one site for specific reasons but
that does not indicate they must approve all four. Mr.Shcit#iiri4d the variance in itself could be reason enough
for denial of an application. •
CONDITIONAL USE PERMIT/VARIANCE/ADAMS OUTDOOR ADVERTISING
EAST SIDE OF I-35E
Conditional use permit,Adams Outdoor:Advertising signs,and a variance to allow more than 250 square
feet located on Parcel 011-27 along the east: e:of 1-35E:soit;f Cliff Road in the northwest quarter of Section
32. Director of Community Development:Runkle said: iat the sign being requested would be 40 feet high and
have 378 square feet of signage.
• . After discussion, McCrea move:_ Vachtet: oi4ied•a,motion to deny a conditional use permit for
Adams Outdoor Advertising for an outdo+ . idveM3sing s gtt::and a variance to allow more than 250 square feet
located on Parcel 011-27 along the east side of I-35E, south of Cliff Road in the northwest quarter of Section
32 as presented. The City Attorney recommended that a findings of fact be prepared for each of the actions
taken in respect to these applications prompting Councilmember McCrea to withdraw her motion and replace
it with the following:
McCrea moved,Wachter seconded in ibon:di g staff to prepare a resolution and findings of fact
for the denial of a conditional use permit:fo :Adams Outdoor:,Advertising for an outdoor advertising sign and
a variance to allow more than 250 square feet on Parcel 011-2tilong the east side of I-35E,south of Cliff Road
in the northwest quarter of Section 32 and:that this resolution::and findings of fact will be returned to the City
Council for their consideration at the I mber 19,1.991444r City Council meeting
Page 11/EAGAN CITY COUNCIL MINUTES
November 7, 1991
Mayor Egan noted that the unicpie:pature of this property indicated that it was highly unlikely it would
be developed. He said in that case,thisligiboard would become a permanent fixture on the property making
it different from the other billboard sitei.:*.tie asked that such reasons be incorporated into the resolution and
findings of fact.
Aye: 3 Nay: 1 (Gustafson) AbrOin: 1 (Pawlenty)
•
CONDITIONAL USE PERMIT/VARIANCE/ADAMS OUTDOOR ADVERTISING, -
DEFFLEY ROAD
Conditional use permit,for Ada.rn :Outdoor Advertising for an outdoor advertising sign and a variance
to allow more than 250 square feet locatai*Parcet941-01 along the east side of I-35E,south of Diffley Road
in the northeast quarter of Section 29.:::.::t)irector:.0 Community Development Runkle said the sign being
requested would be 40 feet high and have 78 squ,ii: leet of signage. The underlying zoning of this particular .
parcel is Roadside Business and the sign 44lI remaiii luitil the property is developed. He said the site is elevated .
in comparison to the freeway.
McCrea moved,Wachter seconded a motion directing staff to prepare a resolution and findings of fact
for the denial of a conditional use permit for Adams Outdoor Advertising sign and a variance to allow more than
250 square feet located on Parcel 041-01 along the east side of I-35E, south of Diffley Road in the northeast
quarter of Section 29. Aye: 3 Nay 1 (Gustafson) Abstain: 1 (Pawlenty)
CONDITIONAL USE PERMIT/VAW1,1ptADAMS OUTDOOR ADVERTISING
1:3ST4011001DERE
.•.•.•
Conditional Use Permit, for Adams Outdoor As:kirtisin,g and variance to allow more than 250 square
feet located on Outlot A of the Rasmusseii::e4e.pinwys Addition along the west side of I-35E east of
Federal Drive in the northeast quarter of Section 16..*:::1:00*.:of Community Development Runkle said that
the sign being requested would be 40 feet high and have 318.ktiate feet of signage. He said the present zoning
of the property is Limited Business and the site is elevated in comparison to the freeway.
Mr. Bill Neimitz, of Rasmussen Business College, spoke in opposition to the billboard signs. He
questioned whether the signs would be temporary as it may be more profitable to allow the signs to remain and
not pursue development of the property. MrKNelmitz indicate4 his concerns that a billboard in front of their
building would have a negative impact on,:*.iit*y.sloigooss college.
Mr.Graziger then indicated thti •ihe City approved the billboard next to Rasmussen Business
College, the sign would be erected low: ough n4.4 5? infringe upon the college. He said they wished to be
sensitive to the Rasmussen Business Opl4e and ittited that the bulletin board in front of the Rasmussen
Business College in Minnetonka was u.4,41ii.:*.iiiiii***Oertising.
Before voting on this application, Councilmember McCrea asked the Director of Community
Development whether the applicant would have to wait 12 months before reapplying if this application were
denied. Director of Community Development Runkle indicated they would. Councilmember McCrea then asked
the applicant if they wished to withdraw the appliotoR:qther than face denial. Mssrs. Bodger and Graziger
indicated they wished to withdraw their app10iiiiiliii.:**4itional use permit for Adams Outdoor Advertising
for an outdoor advertising sign and a vananee to allow mor6 Than 250 square feet located on Outlot A of the
Rasmussen College Campus Addition the west side on-35E, east of Federal Drive, in the northeast
quarter of Section 16.
•
Page 12/EAGAN CITY COUNCIL MINUTES
November 7, 1991
CONDITIONAL USE PERMIT/VARIANCE/ADAMS OUTDOOR ADVERTISING
I-3S AND LEXINGTON AVENUE
Conditional use permit for X#ixttlicGF;Aidr 'tisitig.and a variance to allow more than 250 square
feet located on Parcel 020-76 along the east side of I-35E,west of Lexington Avenue in the southeast quarter
of Section 3. Director of Community DOgopment Runkle said that the sign being requested would be 40 feet
high and have 378 square feet of signage
Mr. Kenneth Schindeldecker then spoke representing the heirs to the Mary Post estate. He said the
proposed location for a billboard on the Mary Post estate property was not a scenic area and was across from
stacks of lumber that are higher than thc..signs proposed by Adams Outdoor Advertising. He said the family
is facing a hardship because in this econoiby no one::is interested in purchasing the property even though it has
been for sale for some time He said the:taxes are::4sing and many of those in the estate are on fixed incomes
and are having a difficult time meeting tht taxes aigd::the assessments that have accrued to the property. Mr.
Schindeldecker said the property would remain for'saie until it is sold and once it is sold,the sign would come
down. Mayor Egan noted that it was the:only:40>r est that:was in an industrially zoned area
Wachter moved,McCrea a motion to approve the application for a conditional use permit for Adams
Outdoor Advertising and a variance to allow more than 250 square feet located on Parcel 020-76 along the east
side of I-35E,west of Lexington Avenue in the southeast quarter of Section 3 subject to the following conditions:
1. The conditional use permit and Council retsolution shall be recorded with the Dakota County
Recorder within 60 days.
2. When Parcel 10-003004)020-76:is sold,t e sign shall be removed.•
3. A sign permit shall be obtained: 4 a fee of S2.50 per square foot shall be required.
•
4. The variance of 128 square feet shall be'appr;Eit!ed.
5. As agreed to by the applicant, no cigarette or liquor advertising will.be permitted on this
billboard.
6. All other City Code requirements shall be applicable.
Aye: 4 Nay: 0 Abstain: 1 (Ptwlenty);::.:: : •
In closing, Mayor Egan said Acmes Outdi Oi Advertising was permitted to withdraw their application
concerning the Rasmussen Business Co lingo:; i 0 erty:to allow the applicant to meet with Rasmussen College
officials and attempt to work out The applicants were not given the option to
withdraw their requests for the two sign locations that were denied but Mayor Egan indicated they could,if they
wished, make a request for reconsideration to the City Council at some time in the future.
T :' 'ORFEIT".Fi4RIjaL#16
City Administrator Hedges said.at•1be October 1 City Council meeting,staff had been directed to review
the availability and suitability of land foi aa:park within Service:•district#16. It has come to the attention of City
staff that a 63 acre parcel platted as O :x cif RoyaI Oaks Qrcle has gone tax forfeit and could be obtained
•
Page 13/EAGAN CITY COUNCIL MINUTES
November 7, 1991
by the City at no cost. While the City G'O ncil generally agreed that a tax forfeit parcel would be a windfall to
the City,Councilmember McCrea indica€ri'her continuing concerns regarding the annual operating costs of the
City's parks. City Administrator $tfg'i Hedges.*4e..dfibt.Ctity: bras not advocating the purchase of more parkland
and was only responding to a petition ret i : o i iif•Service District#16.
Wachter moved, Gustafson a motion to approve the acquisition of 63 acres of Parcel #5
platted as Outlot H of Royal Oaks Circe.::Aye: 5 Nay. 0
LMC DRAFT RESOLUTION
POSTPONEMENT OR REPEAL OF PRESIDENTIAL PRIMARY
City Administrator Hedges saic4at the I. gue of Minnesota Cities had asked that the City consider
a draft resolution railing upon the Legislature to ti peal or at least postpone the scheduled 1992 Presidential
Primary. It was noted that a PresidentiA1::jrimaryy;would add election expenses to the City of Fagan without
providing any financing from the State. The legislalkin would also require voters to declare which political party
ballot they wished to receive prior to casting:tbw:votes.;.S.uch:information would be of little use to the City since
all candidates for municipal election rucr:#o : :potation to the major political parties.
Gustafson moved, Wachter seconded a motion to approve a resolution calling for the repeal of the
Presidential Primary.
After further consideration, Councilmember Gustafson:withdrew this motion in favor of the following
motion:
•
Gustafson moved,Wachter seconded:a:motion t*approve a resolution calling for the postponement of
the Presidential Primary for four years and that language tbutlining the lack of benefit to the City of Eagan as
well as the additional cost be incorporated'into: ::proposed resolution. Aye: 5 Nay 0
PUBLIC WORKS/PROdi:000 AND 89-PP
WHISPERING WOODS 5TH & 6TH ADDITIONS/STREETS & UTILITIES
Wachter moved,Gustafson seconded a motion acknowledging completion of Project 89-00 and 89-PP
(Whispering Woods 5th & 6th Additions - Streets & Utilities) and authorizing perpetual City maintenance •
subject to appropriate warranty conditions of the development agreement. Aye: 5 Nay 0
CO1REC1'87-00 •
EVELAND A Il IITION.: �'WER&WATER SERVICES
Gustafson moved,Wachter seiled a mdtiOD to acknowledge completion of Project 87-00 (Eveland
Addition-Sewer&Water Services)ancti1040.4140VME4gity maintenance subject to appropriate warranty
conditions of the development agreeme Aye: S' liix:: '
PUBLIC WORKS/PROJECT 473 MAINTENANCE
PARCELS 00-80 & 84.SECTION 22 .
Wachter moved,Gustafson seconded a., otio* tQ approve a resolution regarding the settlement of an
assessment appeal for Project 473(Pilot g0 oad-'f'ii ti Storm Sewer)for Parcels 10-02200-010-80 and 84
and authorized the Mayor and City Clert:iii;execute all relati# ;4ocuments as necessary for recording at Dakota
County. Aye: 5 Nay. 0
Page 14/EAGAN CITY COUNCIL MINUTES
November 7, 1991
PUBLIC WORBS/PA1 R c ADDITION/DECLARATION OF DEFAULT
Director of Public Works Colbert:wwideilbac gry pd:an this issue and said that although the City had
informed the bank and developer that thi<:;Ldteir;:of:044;40:Ate renewed, no assurances had been received
that it would. Because staff feels this fmai.4 security is necessary to guarantee completion of the development's
requirements, they are recommending tl Council declare the development in default of its obligations under
the development contract agreement.
Mark Parranto,representing the developer,explained the matter from their perspective and said the only
thing remaining to be completed on the project is dormant seeding. He added that defaulting on the
development agreement would be much.more than necessary to cover the costs of the seeding. He
recommended the $700 remaining in the.existing developer's escrow and a Letter of Credit in the amount of
approximately$7000. Director of PublicWorks Coltish said that staff had been working for the past three years
to get compliance on this development's}'equiremeipii and each time deadlines they committed to have come
and gone. He said his department still has:eoncerns that because seeding was not done,spring will arrive without
any turf established and problems associated 'tilt;:erosion:wilk:occur. Mr. Parranto said they have cleaned up
erosion problems in the past and will
Director of Public Works Colbert pointed out that declaring the developer in default would allow the
City to insure the completion of the development. He said if the developer complies with their agreement and
renews the Letter of Credit, it would remain in effect until all requirements are completed. He said the
developer would still have a full opportunity to comply with.and there may be no need to call the Letter of
Credit.
Pawlenty moved, Gustafson secondid':i:motion t :approve a resolution declaring the Patrick Addition
in default of the development contract agreement and authorized the liquidation of the financial security directing
staff to take whatever action necessary to ensure compliance through the use of contractual forces if necessary.
Aye: 5 Nay 0 •
•
SPECIAL CITY COUNCIL MEETING
Gustafson moved, Egan seconded, a motion to hold a special City Council meeting on November 26,
1991, at 5:00 p.m. Aye: 5 Nay 0
After discussion, it was the genet ei cons-en-44:4 the City Council to use the free standing Lone Oak
Tree as the City's logo on stationary,uniforms,etc,with the understanding that the issue will be studied in the
future with the intent of updating the Cit ?s logo.
METROMGTI' iii'RPORTS COMMISSION
COMMENTS &AIRPORT DEVELOPMENT OPTIONS
City Administrator Hedges stated that the Airport Relations Committee at their last regular meeting
held on October 7,reviewed the City Council's ppaitiQn.with respect to expansion of the existing airport site in
the context of the MAC's determination that:04:.iii Eh runway will be the preferred alternative in their
expansion plans. He further stated that. :Metropolitan ports Commission will hold a public hearing on
November 12,and 13 on the preliminary.selection of an airport development option for the Minneapolis-St.Paul
International Airport. The City Administrator reminded the 0:47 Council that a resolution was adopted at the
June 18 City Council meeting stating that:the City of Eagan.flats not support any of the runway alternatives
under consideration at MSP,further oppi es:the: stIerw iR rnatives and,finally,that the City will continue
Page 15/EAGAN CITY COUNCIL MINUTES
November 7, 1991
to review both the expansion and relocaai:tracks of the dual track planning process and reserve the right to
support or oppose either track as additiiii infomation becomes available. He stated that any change to that
previous resolution should be stated for the:public:re€ord.stt:dbe:November 12 and 13 public hearings before the
Metropolitan Airports Commission. City . n stated that he is leaning toward the position
of the local ENAC group which supports relocation;however,would not recommend a change to the resolution
approved at the June 18 meeting. Mayoi' gan also commented on the various recommendations of ENAC and
agreed with City Councilmember is i that the most recent position of the Airport Relations Committee
supporting the June 18 resolution should be presented as the official position of the City of Eagan at this time.
City Councilmembers generally agreed that if the improvements proposed at MSP severely impact the
community,the City should keep its options open which may favor a
tY tY P � � y relocation or a new rt Mayor Yce Egan
summarized the consensus of the City Council to support the Airport Relations Committee and not amend the
action of the June 18 meeting that addtees the City.'s continuation to review both expansion and relocation
tracks of the dual track planning proces until additional information becomes available.
. CiCSLIST
Wachter moved, Egan secondeili:�i:t tn:.::ti�i::8pri :the checklist dated October 31, 1991, in the
amount of$2,042,269.10 and the checklist dated November 5,1991,in the amount of$1,575,255.23.Aye: 5 Nay:
0
ADJOURNMENT/EXECUTIVE SESSION
The City Council adjourned the regular meetiag:tui'executive session to consider attorney/client
privileged information at 10:35 p.m. Those.•m attdnda e'.were Mayor Egan, Councilmembers Gustafson,
McCrea,Pawlenty and Wachter,City Adm rator'Hedg ,Director of Public Works Colbert,Assistant to the
City Administrator Hohenstein and City Attorney Sheldon. The executive session was adjourned at
approximately 11:05 p.m.
KF
CITY'OF:1 K,GAN
E.J. VanOverbeke,City Clerk
•
•
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