Loading...
11/07/1991 - City Council RegularP AGENDA 11111BEGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING THURSDAY, NOVEMBER 7, 1991 6:30 P.M. • I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) pi II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) • YMCA IV. 6:55 - CONSENT AGENDA (PINK) p I A. PERSONNEL ITEMS B. LICENSES, Plumbers C. PROCLAMATION, Chemical Health Week, November 8-15, 1991 �,4 D. CANVASS of November 5 Election Results el E. RECEIVE Specifications/Authorize Advertisement for Bids, 2100 Gallon Flusher Truck, Parks & Recreation Department 7A6 F. RESOLUTION, Dakota County Community Landfill Abatement Special Assistance Grant Program p.9 G. CONSIDERATION, Radler Park Planned Development Agreement tip./ H. APPLICATION, Service Station Permit, Cedarvale Sinclair/Bradco Automotive, Inc, 3946 Nicols Road 77 5, I. LAND SURVEYOR'S Certificate of Correction to Plat, Diffley Commons Addition 57, 5.'7 J. LICENSE, Off-Sale Liquor, Ralph Magnuson for Liquor Shoppe Inc, 4250 Lexington Avenue 1p, K. AGREEMENT to Settle Damage Claim, Brutger Company/St. Paul Companies ;2, -7..... L. CONTRACT 90-08, Approve Final Payment/Authorize City Maintenance (Sibley Terminal Industrial Park - Storm Sewer) r7,(Q Z N. PROJECT 612, Receive Feasibility Report/Project (Lexington Avenue Storm Sewer & Blackhawk Cove Sanitary Sewer Lift Stations Reconstruction) p.6 3 N. CONTRACT 92-02, Approve Plans/Authorize Advertisement for Bids (Lexington Avenue Storm Sewer & Blackhawk Cove Sanitary Sewer Lift Stations Reconstruction) p7.63 0. AMENDMENT to Pond Construction Agreement (Lot 2, Block 1, Eagandale Center Industrial Park 8th Addition) 7).64r1 P. CONTRACT 90-17, Approve Final Payment/Authorize City Maintenance/Well Pumps #3 and *4 Repair) V. 7:00 - PUBLIC HEARINGS (SALMON) 1). U A. FINAL ASSESSMENT HEARING, Delinquent Bills 1,,67 B. VACATION of Public Right of Way & Drainage and Utility Easements, Outlot A, Coventry Pass p. 70 C. PROJECT 619, Saddlehorn Addition - Streetlights . VI. OLD BUSINESS (ORCHID) 4100 A. EXTENSION, Preliminary Plat, Ss. Martha b Mary Addition, Located at the NE Intersection of Diffley Road & Lexington Avenue in the SW 1/4 of Sec 23 r,57 B. ORDINANCE AMENDMENT, City of Eagan, Amending Chapter 11 (Zoning) of the Eagan City 1 Code Regarding Outside Storage VIII. NEW BUSINESS (TAN) p./491A. LOT COMBINATION AGREEMENT, Sheryl and David Ringberg, to Combine Lot 1, Block 5, Windtree 4th Addition with Lot 1, Block 2, Windtree 6th Addition ?,/67 B. VARIANCE, William G. Huttner, Lot 1, Block 1, Suncrest Addition, for 10' from t Front Yard Setback P,/43 C. VARIANCE, M W Johnson A Associates, Inc, Lot 8, Block 1, Thomas Lake Addition, of 5' . to the Street Side Setback r//7 D. SPECIAL USE PERMIT, Michelle Florez, Lot 1, Block 1, Cliff Lake Centre, for Temporary Sales of Mini-Donuts Outside of Cub Foods q,/J� E. CONDITIONAL USE PERMIT, Schuster Equipment Company, to Allow Sales and Service for I Heavy Equipment on Lot 1, Block 1, Sibley Terminal Industrial Park Located along the West Side of Highway 13, South Alexander toad, in the NW 1/4 of Sec 9 p,/Z3 F. CONDITIONAL USE PERMIT, Adams Outdoor Advertising, for an Outdoor Advertising Sign 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 NW 1/4 of Sec 32 /37 G. CONDITIONAL USE PERMIT, Adams Outdoor Advertising, for an 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 NE 1/4 of Sec 29 /,/4412 H. CONDITIONAL USE PERMIT, Adams Outdoor Advertising, and a VARIANCE to Allow more than 250 Square Feet Located on Outlot A of the Rasmussen College Campus Additional Along the West Side of I-35E, East of Federal Drive, in the NE 1/4 of Sec 16 p. /L Z I. CONDITIONAL USE PERMIT, 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 SE 1/4 of Sec 3 VIII. ADDITIONAL ITEMS (GOLD) IX. ADMINISTRATIVE AGENDA (GREEN) Z. VISITORS TO BE HEARD (for those persons not on agenda) ZI. ADJOURNMENT • • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 30, 1991 SUBJECT: AGENDA INFORMATION FOR THE NOVEMBER 7,1991 CITY COUNCIL MEETING ADOPT AGENDAIAPMVI *ENVIES After approval is given to the November 7, 1991 City Council agenda and the regular ...s meeting minutes for the October 15, 1991 meeting, and Special City Council minutes for the .z Z meetings of July 2, 1991, July 29, 1991, and October 22, 1991, the following items are inzct* order for consideration. Minutes for Special City Council meetings including June 18, 1991, , September 3, 1991, and September 10, 1991, will be delivered with the Additional 511 j o Information packet on Tuesday,for consideration and adoption at the November 7 meeting. 1' o &. 22 • CONSItNT AGENDA There are sixteen (16) items on the agenda referred to as consent items requiring one (1) • motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS. A. PERSONNEL ITEMS Item 1. Resignation/Part-Time Building Maintenance Worker— The City has received a notice from Frank J. Oster,the part-time building maintenance worker at the City of Eagan, that he is retiring effective October 31, 1991. Staff is currently reviewing the positions of building maintenance worker and part-time building maintenance worker. At this time, there is no recommendation to fill this vacancy. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the letter of resignation from Frank J. Oster, part-time building maintenance worker. Item 2. Superintendent of Utilities—As the Council is aware from an Informative Memo which was sent to the Council on October 25, 1991, the City has just completed an involved hiring process for the position of Superintendent of Utilities. Thirty-three applications were received for this position. Nine applicants were invited to the Municipal Center for a preliminary interview and an in-basket written exercise. Three finalists were invited to the Municipal Center for a final interview. It is the unanimous recommendation of all persons 1 involved that Wayne Schwanz be hired as the Superintendent of Utilities for the City of Eagan. It will be appropriate at this time for the Council to formally approve that hiring. girk Also, since Mr. Schwanz is currently the Supervisor in the sewer section of the utilities division of the City of Eagan,it would be appropriate at this time for the Council to approve the filling of this vacancy. ACTION TO BE CONSIDERED ON THIS ITEM: To formally appoint Wayne Schwanz the Superintendent of Utilities and authorize filling the vacant Supervisor in the sewer section of the utilities division. • • .• Agenda Information Memo • November 7, 1991 City Council Meeting PLUMBERS LICENSES B. Licenses,Plumbers—City Code requires licensing out plumbing, heating and mechani contractors operating within the City on at least an annual basis. Enclosed on page is a list of contractors whose applications are in order for consideration by the City Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. 410 • 3 • PLUMBERS LICENSES NOVEMBER 7, 1991 1. Hopkins Plumbing & Heating 2. Peterson Plumbing & Heating 3. Solar Mechanical, Inc. 4 . L.T. Steiner, Inc. • Agenda Information Memo • November 7, 1991 City Council Meeting PROCLAMATION/CHEMICAL HEALTH WEEK/NOVEMBER 8-15, 1991 C. Proclamation, Chemical Health Week, November 8-15, 1991—Governor Arne Carlson has proclaimed November 8-15 as Minnesota Chemical Health Week. The City of Eagan has been asked to participate in this effort by also procl ' November 8-15 Chemical Health Week in the City of Eagan. Enclosed on page 4�a copy of the proclamation. For the Council's information, the schedule for Chemical Health Week is as follows: Friday, November 8, 1991 - MADD Friday (Project Red Ribbon) Saturday, November 9, 1991 & - Community & Spiritual Weekend Sunday, November 10, 1991 Monday, November 11, 1991 - School Day Tuesday, November 12, 1991 - Government Day Wednesday, November 13, 1991 - Wear RED Day 4111 Thursday, November 14, 1991 - Law Enforcement Day Friday, November 15, 1991 - D-Day is Coming (November 21) ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim the week of November 8-15 as Chemical Health Week in the City of Eagan. 1/45/ CITY OF EAGAN PROCLAMATION CHEMICAL HEALTH WEEK November 8-15, 1991 • WHEREAS, alcohol and other drug abuse in the United States has reached epidemic stages; and, WHEREAS, the 15-24 year old age group is dying at a faster rate than any other age group due to alcohol and other drug abuse and associated problems; and, WHEREAS, the color RED has been chosen to represent individual and community commitment to efforts to reduce demand for alcohol and other drugs in our communities; and, WHEREAS, November 8-15, 1991 is Minnesota Chemical Health Week and Governor Arne Carlson is the State Honorary Chairperson; and WHEREAS, business, government, law enforcement, schools, religious institutions, service organizations, neighborhoods, youth, senior citizens, and other individuals are encouraged to demonstrate their commitment to help reduce and prevent alcohol and other drug abuse by wearing and/or displaying the color RED during Minnesota Chemical Health Week; NOW, THEREFORE, BE IT RESOLVED, that November 8-15, 1991 be declared Chemical Health Week in the City of Eagan; and BE IT FURTHER RESOLVED, that the Honorable Mayor and City Councilmembers of the City of Eagan support the activities sponsored by Minnesota Chemical Health Week,and MADD's Project Red Ribbon and encourage the citizens of the City of Eagan to participate in all Minnesota Chemical Health Week activities and other alcohol and other drug abuse prevention efforts year round. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing proclamation was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 7th day of November, 1991. • E. J. VanOverbeke, City Clerk Agenda Information Memo • November 7, 1991 City Council Meeting CANVASS ELECTION RESULTS D. Canvass of November 5 Election Results--Minnesota state law requires that a municipality canvass the ballots of an election within three days to make the results of the election official. A copy of results of the November 5, 1991 election will be distributed with additional information prior to next Thursday's council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To canvass the results of the November 5, 1991 municipal election and declare those results to be official. • • 6k Agenda Information Memo • November 7, 1991 City Council Meeting AUTHORIZE FOR BIDS/PARKS & RECREATION FLUSHER TRUCK E. Receive Specifications/Authorize Advertisement for Bljs, 2,100 Gallon Flusher Truck, Parks and Recreation Department—Enclosed on pages through .3 is the notice, specifications and bid documents for a flusher truck which had previously/been approved as part of the 1991 capital budget. The flusher truck is a tanker vehicle used by the City's various maintenance departments for purposes such as flooding, ice skating rinks, flushing sewer lines, reforestation activities and other maintenance and cleaning activities requiring large quantities of water. While the truck is primarily identified with the Parks and Recreation Department, it is utilized by all the maintenance functions. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the specifications and authorize the advertisement for bids for a 2,100 gallon flusher truck as presented. • • 7 1 PUBLIC NOTICE CITY OF EAGAN, MINNESOTA INVITATION FOR BIDS ONE NEW 2100 GALLON FLUSHER TRUCK Notice is hereby given that the City of Eagan is currently accepting sealed proposals for the furnishing and delivery of the following equipment: one (1) NEW 1992 MODEL YEAR 35,000 G.V.W. CAB/CHASSIS TRUCK COMPLETE WITH NEW 2100 GALLON FLUSHER/TANK UNIT. Sealed proposals will be received at the office of the City Finance Director, Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122 until 10: 00 a.m. , Wednesday, November 27, 1991, at which time the bids will be opened and read. Complete equipment and truck specifications, and bid documents may be obtained from the Parks and Recreation Department Office, Eagan Municipal Center, during normal municipal business hours. No bids will be considered unless sealed and filed with the City Finance Director prior to the closing time for receiving bids and accompanied by a cash deposit, bidder's bond, or certified check made payable to the City of Eagan in an amount equal to five 0 percent (5%) of the total accompanying bid. No bidder may withdraw his/her bid within thirty (30) days after the scheduled opening time of the bids without consent of the City. The City Council reserves the right to waive any irregularities or informality in any bid received and reject any or all bids received without explanation, and further reserves the right to award in the best interest of the City. 26wp: flushers.pec •5'? INVITATION TO BID CITY OF EAGAN BID SPECIFICATIONS 2100 GALLON FLUSHER TRUCK This invitation is issued for the purpose of establishing a vendor to supply equipment and services to the City of Eagan in accordance with the specifications contained herein. Specifications for: ONE (1) NEW 1992 MODEL YEAR 35, 000 G.V.W. CAB/CHASSIS TRUCK COMPLETE WITH NEW 2100 GALLON FLUSHER/TANK UNIT • Department Acquiring: Parks and Recreation City Representative: John K. VonDeLinde Superintendent of Parks Telephone: (612) 681-4300 Bid Opening Date/Time: Wednesday, November 27, 1991 at 10: 00 a.m. Bid Opening Location: Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 Bid Deposit: 5% of the total bid amount Performance Bond: None Required Contents of Specifications: Copy of Legal Notice Standard Terms and Conditions Special Terms and Conditions Fact Sheet - Trade-In Notice to Bidders-Affirmative Action Bid Form • Certificate of Acknowledgement 1 Trade-In: 1975 Ford 2100 gallon flusher truck Available for inspection at Eagan • Maintenance Facility, 3501 Coachman Road, Eagan, Minnesota Arrange appointments through: Jim McGuffee Parks Maintenance Supervisor (612) 681-4300 (NOTE: Acceptance or rejection of the trade-in bid shall be at the discretion of the City of Eagan. ) • 2 CITY OF EAGAN STANDARD TERMS AND CONDITIONS 2100 GALLON FLUSHER TRUCK A. BIDDING DOCUMENTS: A. 1 INTERPRETATION OF CORRECTIONS TO BIDDING DOCUMENTS: A. 1. 1 Bidders shall promptly notify the Superintendent of Parks of any ambiguity, inconsistency, or errors which they may discover upon examination of the bidding documents. A. 1.2 Bidders desiring clarification or interpretation of the documents shall make the request at least forty- eight (48) hours prior to the date and time of the bid opening. A. 1. 3 Any interpretations, corrections and changes to the documents by the City of Eagan (City) shall be done by addendum. No addenda shall be issued within forty- eight (48) hours of the date and time of bid opening, except an addendum withdrawing the Request for Bids or one which includes postponement of the date of the bid opening or receipt. Any interpretations, corrections and changes made in any other matter shall not be binding • upon the City, nor shall a bidder rely upon such interpretations, corrections and changes made in such matter. A. 1. 4 Addenda shall be mailed or delivered to all parties which received a complete set of bidding documents originally by mail. Additional copies shall be made available upon request from the Superintendent of Parks or his designated official. A.2 SUBSTITUTING OF MATERIALS: A. 2 . 1 Materials, products and equipment described in the bid document by name are for the purpose of establishing a standard of type, function, and quality to be met by any proposed substitution. A.2.2 Bidders using substitute items shall submit to the City at least two (2) copies of the manufacturer's specifications, descriptive literature, illustrations, performance and test date and any other information necessary for an evaluation at least five (5) working days prior to the bid opening. The substitute materials shall be clearly indicated on the bidder's proposal. The burden of proof of the merit of the proposed substitution is with the bidder. 3 it B. BIDDING PROCEDURES: B. 1 FORMS OF BID: • B. 1.1 All bids shall be submitted on the form included in the bidding documents. Appropriate blanks shall be • filled in by typing or by ink and shall be legible. Corrections, alterations or erasure shall be initialed by the signer of the bid. B. 1.2 In the case of any discrepancy between unit price and the extended price of total, the unit price shall govern, unless otherwise clearly stated in the, bidding documents. B. 1.3 Bidders shall not change or modify the bid form, nor make additional stipulation on the bid form. At the election of the bidder, amplification or qualification to the bid may be made by marking the appropriate location on the bid form and attaching to the bid, on the bidder's letterhead, the amplifying or qualifying information. This letterhead page shall include both a date and signature of the authorized bidder. The City shall reserve the right to reject any or all amplification or qualification made to a bid form. B.1.4 All bids shall include: (1) the legal name and address of the bidder and (2) the signature of a person 0 legally authorized to bind the bidder to performance. B.2 BID SECURITY: B. 2 . 1 Each bid shall be accompanied by a cash deposit, certified check, cashier's check, or bid bond made payable to the City of Eagan; and bid security shall be equal to five percent (5%) of the total bid amount. This bid security is a pledge that the bidder will enter into a contract or accept a stipulated purchase order with the City of Eagan on the terms and conditions stated in his bid. Should the successful bidder refuse to honor his bid in any way, the amount of the bid security shall be forfeited to the City as liquidated damages, not as a penalty. B.2.2 The City shall have the right to retain all bid securities submitted until either (A) the purchase order is executed or (B) thirty (30) days have elapsed so that bids may be withdrawn, or (C) all bids have been rejected by the City. 4 17/ B. 3 SUBMISSION OF BIDS: • B. 3 . 1 The bid, bid security, and any other documents required with or made part of the bid shall be enclosed in a SEALED OPAQUE ENVELOPE. This envelope shall be addressed to: CITY FINANCE DIRECTOR CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MN 55122 and shall clearly state on the FRONT of the envelope on the lower left or upper right corners, this inscription: "SEALED PROPOSAL FOR 2100 GALLON FLUSHER TRUCK - PARKS AND RECREATION DEPARTMENT" The bidders name and address shall be printed on the envelope in the upper left-hand corner. B. 3 . 2 The bidder assumes full responsibility for timely delivery of the bid at the location designated for receipt of bids. Bids received after the time and date for receipt of bids shall be returned to the bidder unopened. • B. 3 .3 Bidders submitting oral, telephone, telegraphic or facsimile (FAX) bids are invalid and will not receive consideration. B.4 BIDDERS 'S REPRESENTATION: B. 4 . 1 By submission of a bid, the bidder declares to the City that he has read and understood the bidding documents in full and that the bid has been made in accordance therewith. B.5 MODIFICATION OR WITHDRAWAL OF BID: B. 5. 1 Bidders requesting to modify a bid may do so only in writing, dated and signed by the authorized officer of the company submitting the original bid. This may be done at any time prior to the date and time of the sealed bid opening. B.5.2 Bidders requesting to withdraw a bid may do so at any time prior to the date and time of the sealed bid opening by notifying the City Finance Director in writing. At no time shall the modification or withdrawal reveal the amount of the original bid. 5 l3 C. BID CONSIDERATION: C. 1 BID OPENING: C. 1. 1 Bids which meet all the bid document requirements and have been submitted on time shall be opened and read out loud by a designated official of the City of Eagan. A bid tabulation shall be made available for public inspection within two working days after the bid opening. C.2 RIGHTS TO REJECT: C.2 . 1 The City shall reserve the right to reject any or all bids and to reject a bid not accompanied by any required bid security or by other data required by the bidding documents, or to reject a bid which is in any way incomplete or irregular. The City shall reject any or all bids from bidders where collusion between bidders is in evidence. C. 3 BID AWARD: C. 3 . 1 It is the intent of the City to award a purchase order to the lowest responsible bidder that meets or exceeds bid document specifications, provided that the bid was submitted in accordance with the requirements of the bid documents. The City shall have the right to waive any informality or irregularity in any bid or bids 0 received; to accept bid or bids which, in the City's judgement, is in its own best interest; and to advertise for new bids where the acceptance, rejection, waiving, or re-advertising is determined by the City to be in its own best interest. C. 3 .2 Award shall be determined on the following conditions (where applicable) : 1. Adherence to all bid document conditions, requirements, and specifications. 2. Needs and requirements of the City. 3. The bid price (unit, extended, or total) , including any discounts. 4. Maintenance costs and warranty provisions. 5. General reputation and experience of bidder by the City or other municipalities. 6. Bidder's ability to meet delivery, stocking, and servicing requirements. • 6 P:71 7. Size and location of the bidder's warehouse. 8. Financial responsibility of bidder. 9 . Demonstration(s) of equipment to City staff. 10. Nature and extent of the company data furnished with bidder upon request. C. 3 .3 Unless otherwise indicated in the bid documents, the City reserves the right to award the contract in whole or in part where such action serves the best interest of the City. C. 3 .4 The Superintendent of Parks shall resolve all tie bids in a manner which in the Superintendent's judgement is in the best interest of the City. D. EQUIPMENT AND ACCESSORIES CONDITIONS: D. 1 CONDITION/INSPECTION/REMEDY: D. 1. 1 All equipment and other accessories furnished under this bid shall be new and in current manufacture unless otherwise specified, and shall be of good quality, free from faults and defects and in conformance with the bid specifications. Any equipment and accessories not conforming to these requirements may, at the City's determination, be considered defective. If required by the City, the vendor shall furnish satisfactory evidence as to the kind, source, and quality of any or all equipment and accessories. D. 1.2 All equipment shall be subject to inspection by the City within a reasonable time after delivery to the City. Defective equipment or equipment not in current manufacture shall be returned to the contractor. D. 1.3 Defective equipment shall be replaced within a reasonable time from the date of notification by the City and the vendor shall be required to provide a suitable rental unit to the City, without cost, if time delays are anticipated. E. TIME: E. 1 DELAYS AND EXTENSIONS OF TIME: E. 1. 1 If the vendor is delayed at any time in the performance of the contract by any act or neglect of the . 7 /6 City, or by any of the City's employees, or by changes in the specifications, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties, or any is other causes beyond the vendor's control or by any other cause which the City determines may justify the delay, then the delivery time may be extended for such reasonable time as the City may determine. E. 1.2 Paragraph E. 1. 1 does not exclude the recovery of damages for delay by either party under other provisions of the specifications. F. PAYMENT: F. 1 REQUEST FOR PAYMENT: F. 1. 1 Application for payment may be made in the form of the vendor's standard invoice. The invoice shall contain the City's Purchase Order number, an itemized list of goods provided, description of each item, the point of delivery, date of shipment, vendor invoice number, and date of invoice. F. 1.2 The vendor warrants that title to all equipment, accessories, and materials will pass to the City upon receipt of payment by the vendor, free and clear of liens, claims, security interests or encumbrances and 0 that no goods, materials or equipment covered by an application for payment which an interest therein or an encumbrance thereon is retained by the seller. The books, records, documents, and accounting procedures and practices of the vendor relevant to the contract shall be subject to examination of the City and State Auditor. F.2 PAYMENT TERMS: F. 2. 1 Payments for claims against the City shall be made in the manner provided for by law. F.2 .2 The City of Eagan normally pays all acceptable claims within forty five (45) days of issuance of the claim after receipt of the invoice. Unless specified within the bid documents, no claim(s) shall be paid early unless it is advantageous for the City to do so. G. MISCELLANEOUS PROVISIONS: G. 1 AFFIRMATIVE ACTION POLICY: G. 1. 1 The vendor agrees that it will not, within the 8 'C State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, national origin or ancestry, and will include a similar provision in all subcontracts entered into for the performance hereof. This contract may be canceled or terminated by the City, and all due or to become due thereunder may be forfeited for a second or subsequent violation of the terms or conditions of this subparagraph. This is to comply with the provisions of Section 181.50 of the 1966 MINNESOTA STATUES ANNOTATED. The bidder shall be required to acknowledge, sign, and have notarized an "Affirmative Action" form contained • within the bid documents, herewith. G.2 GOVERNING LAW: G.2. 1 The contract shall be governed by the laws of the State of Minnesota. G. 3 PACKING LISTS/SHIPPING: G. 3 . 1 The City and the contractor shall assist each other in obtaining documents and other information necessary for the prosecution of claims against carriers. G.4 NON-PERFORMANCE: G. 4 . 1 If the vendor refuses or fails, except in cases for which extension of time is provided, to furnish goods or services in accordance with the requirements of the specifications, or within the time limits contained in the Purchase Order, the City may, without prejudice to any right to remedy, purchase such goods or services from the next lowest bidder and collect the defaulted bidder's bid deposit. G.5 TAXES: G. 5.1 The City of Eagan is not subject to Federal excise tax. G.5.2 The City of Eagan is exempt from Minnesota sales and use taxes on the purchase of goods and other material (Exemption #9081450) . G.6 WARRANTY: G.6.1 The vendor warrants to the City that all goods and services furnished under this contract are in conformance with contract documents and that goods are of merchantable quality and use for which they are sold. This warranty is in addition to any manufacturer's S9 standard warranty which may apply or any warranty provided by law. G.6.2 The vendor shall promptly replace or repair defect ive material, p arts, workmanship and/or inadequate design at no additional cost to the City of Eagan. This warranty shall apply to all components whether directly • manufactured by the original supplier or not. G. 6.3 Unless otherwise stated in the bid documents, the vendor shall warranty the flusher unit, tank, and all related accessories for a minimum of 24 months except where a longer warranty period is provided by the manufacturer. The manufacturer's standard new unit warranty shall be furnished as a minimum on the cab/chassis truck and all related accessories and features. 10 . It CITY OF EAGAN SPECIAL TERNS AND CONDITIONS FOR ONE (1) NEW 1992 MODEL YEAR 35, 000 G.V.W. CAB/CHASSIS TRUCK COMPLETE WITH NEW 2100 GALLON FLUSHER/TANK UNIT A. GENERAL INFORMATION: The successful bidder shall deliver to the Eagan Municipal Maintenance Facility, 3501 Coachman Road, Eagan, Minnesota, one (1) new 1992 model year 35, 000 G. V. W. cab/chassis truck complete with new 2100 gallon flusher/tank unit and all equipment and options as specified, including all items necessary for proper operation whether specifically mentioned or not. All delivery and freight charges shall be included in the bid. All specified equipment shall be furnished and guaranteed by the bidder. The successful bidder in all ways is responsible for supplying the equipment, to the City of Eagan, that is in full compliance with federal and state safety laws governing such equipment. All standard equipment advertised in manufacturer's literature shall be furnished, whether specifically called for herein, except where specification exceeds standard equipment or conflicting equipment is specified. The successful bidder shall be fully responsible for ensuring that the flusher/tank unit and all associated accessories are designed, fabricated, and installed in such a manner as to make them fully operational and compatible with the cab/chassis truck called for in these specifications. B. INTENT: It is the intent of the City to purchase a new 1992 model year 2100 gallon flusher truck along with all specified equipment and accessories. All equipment and accessories bid shall be currently advertised and produced models with all the latest changes and features offered as standard, whether called for in these specifications or not. The City shall reserve the right and be the sole judge in determining whether the equipment bid is considered acceptable and whether or not it meets the specifications. Ilk 11 C. CAB/CHASSIS TRUCK SPECIFICATIONS: III C. 1 CHASSIS SPECIFICATIONS General • Cab/chassis shall be a new 1992 production year Volvo FE42 model truck or city approved equal. • Vendor shall be fully responsible for ensuring that the truck chassis is sized and outfitted to accommodate the flusher/tank unit specified herein. Capacity_ • 35, 000 lbs. G.V.W. minimum Front Axle • 12 , 000 lbs. minimum • Visible cap oil seals • Power steering Rear Axle • 23 , 000 lbs. minimum Dimensions 0 • Wheel base: as specified by tank manufacturer • Cab to axle: as specified by tank manufacturer Engine • Caterpillar 3116 or city approved equal i)/71J47 • 215 b.h.p. @ 2, 600 r.p.m. • 605 lb. ft. @ 1560 r.p.m. ,. • Horizontal muffler and tail pipe • Minimum 45 gallon fuel tank, mounted on left side `- '� Flusher tank engine to take fuel from main fuel tank ut; ;Y-- • Radiator coolant antifreeze to -40. F Transmission • Allison MT653DR or city approved equal • 5 speed automatic, with manually selected first range nn``,�,,, • Allison high efficiency filtration system t�Y r •• Pall transmission filter monitor, with monitor indicator light -- dash mounted.or a� 12 Brakes • Air brakes -- minimum 12 CFM compressor • Automatic slack adjusters • Air dryer system with heater • Air operated parking brakes Electrical • Minimum 100 amp alternator • Two 12 volt maintenance free batteries, minimum 1250 cca • All wiring routed through conduit and all connections shall be soldered and connections covered with shrink tubing insulation or approved equal connections. Tires • Tubeless radial 11R 22.5 H16 Bumper • Full width, front and rear • Two front tow hooks • Two rear tow hooks Back Up Alarm • Audible warning system to be activated whenever transmission is in reverse Paint • General Motors fleet yellow - to match exactly the color of flusher tank and to be pre-approved by City. C.2 CAB SPECIFICATIONS General • Welded galvanized steel cab-over-engine with minimum 55° tilt Exterior • Cab doors to open 90- • Access steps to be inclined and lighted by door activated switch. • Grab handles to be located on right and left sides of both doors 13 • Factory installed visibility windows in both doors, with side mounted air deflectors. • Door ventilator in driver's side door • Air horn with cover(s) • Rooftop hatch for ventilation/emergency egress. • Tinted windshield with grab handles and integrated step in bumper/spoiler to facilitate cleaning of windshield. • Dual intermittent wipers, electric with windshield washer jets fitted to wiper arms. • Dual electrically heated West Coast side mirrors • Recessed mounted fog lights Interior • Cab to be fully insulated • Audible and visual warning for low oil pressure, high water temperatures and low water levels. • Electronic speedometer/odometer • Air pressure gauges • Fuel gauges • All instruments to be back-lighted dials • Engine start/stop to be key activated • Driver's seat to be air suspended • Stationary passenger seat • Heater and defroster standard • Outside air filtration system prior to air entering Aft cab. • Integrally mounted AM/FM radio • Driver and passenger sun visors D. FLUSHER/TANK UNIT General • Flusher/tank unit shall be a new current year production Roscoe Mfg. or Etnyre Mfg. model • Vendor shall be fully responsible for ensuring that the flasher/tank unit is designed, fabricated, and installed to be entirely compatible with the cab/chassis, as specified herein. Tank Construction • Minimum capacity 2, 100 US gallons. • Cross section shall be oval or elliptical, with the longer axis to be horizontal. 14 • Grade "A" tank. steel; bottom section and heads to be minimum seven (7) gauge; upper section minimum ten (10) gauge; surge plates to be constructed so as to lend to tank support. Entire exterior area of the tank shall receive a prime coat application prior to the final paint application, with the finished color to be compatible to the truck chassis (GM Fleet Yellow) . • All interior surfaces of the water compartment shall receive a coat of Koppers Hi-Gard Epoxy in a beige color or Tnemac Pota-Pox (Series 20) epoxy- polyamide primer. Prime coat shall be applied to provide 3 mils minimum dry film thickness and an average of not less than 4 mils dry film thickness. • All interior surfaces of the water compartment shall be finished with Koppers Hi-gard Epoxy in a #311 white color or Tnemec (Series 20) Pota-Pox in a #2000 white color to an additional 4 mils minimum dry film thickness. Total dry film thickness including prime and finish coat shall not be less than 7 mils at any location and not less than 8 mils average thickness, overall. • All seams to be electrically welded. • Tank design to provide proper load distribution on the truck chassis/tilt cab. • Head construction may be convex, dished or flanged and shall be reinforced. • Surge plates shall be provided with "crawl holes" of sufficient size to permit a large person to pass through. Holes to be staggered. • Additional openings shall be provided so as to allow the free flow of water and to permit the complete drainage of the tank. • Fill intake to be two and one-half (2 1/2) inch pipe, with National Standard fire hose connectors. Filling device to meet City six (6) inch air-gap code as illustrated herein. Each tank to be provided with a two and one-half (2 1/2) inch I.D.X. twenty (20) foot non collapsible rubber hose (not fire hose) , to be furnished with two (2) hydrant adapters, compatible to City of Eagan hydrants. ilk 15 m?3 • Provide a four (4) inch O.D.X. thirty (30) inch, 18 gauge brass cylinder strainer, mounted in a stand pipe with a bottom tank cleanout. Strainer to be easily removable from the top of the tank for cleaning purposes. • Fill intake shall be located at the top of the tank, equal distance from either end. Tank to have a float type overload indicator, visible to operator at hydrant, indicating when tank is 80% full. • Provide a four or five light level indicator light system, to be mounted in console with flush controls in cab. • Provide a top manhole with a minimum opening of eighteen (18) inches, equipped with a quick opening cover with gasket constructed to relieve when tank pressure reaches three (3) to five (5) pounds per square inch. • Tank to be provided with a three (3) inch minimum diameter overflow pipe, located at tank centerline, extended down through the bottom of the tank in a location to enable the water overflow to clear all of the truck chassis members. • Tank to be provided with a right side, mid-tank discharge outlet with gate shut-off valve. Outlet to be two and one-half (2 1/2) inch pipe, with National Standard fire hose connectors, and positioned to provide easy access without extending past the most outer edge of tank. • Install a contents gauge, calibrated in one hundred (100) gallon increments, on the front right hand side of the tank visible from the driver's seat in the cab. • Provide a special purpose minimum twelve (12) inch pipe quick-dump line, located at the rear bottom of the tank. The bottom of the quick dump line shall be at an angle of 45 degrees facing the rear. Its location shall be positioned as close to the rear of the tank as possible, making allowance to clear all truck components. Opening to be controlled by a minimum twelve . (12) inch flap valve located inside of the tank, operation to be air controlled, with control to be located inside the truck cab. The mounting height of this valve, above the tank bottom, shall be as low as possible without 16 restriction as to its operation. Pneumatics shall 411 be included on the truck chassis specified herein. Valve shall control water flow with any amount of water in tank. Control cable to be of stainless steel construction. • Provide a ladder or steps on the side of tank, with hand grab bars for safe access to manhole covers on top of tank. • Tank mounting on manufacturer's standard chassis sills, welded thereto. Provide even weight distribution over entire truck frame. Structural channel frame must support the power pumping unit which is to be mounted to the rear of the tank. This extension shall be securely fastened to the truck chassis frame by the use of steel clips and bolts, cushioned with hardwood strips between the truck frame and sills of the tank unit. • Fabricate and install full fenders over rear wheels, equipped with replaceable rubber mud guards. Pump S • The flushing pump to be a split case high pressure pump with a bronze or cast iron fitted impeller and direct connection to the power unit. • The pump shall be capable of maintaining 75 P.S.I. @ 500 G.P.M. output. The power source direct connection shall be a shock absorbing, self- aligning coupling to eliminate problems due to mis- alignment and shock. • Supplier shall provide full pump data including a pump curve showing pumping and engine HP requirements for available sizes and pump capacities. Power Unit • Power unit to be diesel engine sized to handle the pump being supplied. It shall include the following features: * Water cooled * Full flow oil filter * Engine hour meter * Silicone hoses * Muffled to less than 90 dba * Muffler rain protection, if needed 4IM 17 o� 5 * No separate fuel tank power unit shall use • truck chassis's fuel supply 410 * 12 volt electrical system * Electronic throttle to cab of truck to allow variable engine RPM on toggle switch * Electronic shut off switch in cab * Alternator to be 70 amps or greater • All engine controls, including throttle, starter, oil pressure, tachometer, and temperature numerical gauges, shall be located inside of the truck cab . between bucket seats. All gauges to be lighted. • Supplier shall provide manufacturer's data on make, model, horsepower, number of cylinders, cubic inch displacement, and operating R.P.M. Nozzles • Equip unit with six (6) all bronze flushing nozzles, two (2) piece horizontally split, slot type, adjustable swivel in six (6) places. Two (2) to be mounted in front, positioned to allow as much ground clearance as possible. Two (2) to be mounted midship with adequate ground clearance. Two (2) to be mounted at rear of truck on top of bumper. Bumper to be not less than 18" from ground. 10 • Each nozzle shall have a capacity of 150 gallons per minute at 75 lbs. per square inch of residual pressure at full flow (all six nozzles open) . • Discharge from each nozzle to be controlled by a remote controlled globe type valve with cold water replaceable disc and a built-in diaphragm to open and close the valve by means of air pressure available from the truck chassis braking system. • Each valve is to be controlled by means of a solenoid operated valve actuated by an electric toggle switch located in the truck cab within easy reach of the driver in the normal operating position. Furnish and install a water pressure gauge in the truck cab with a capacity of at least twice the capability of the pump located within vision of the driver. Pressure gauge to be lighted if possible. 18 ?' 411 Piping • All necessary pipes shall be of a standard weight wrought steel. • Suction line to be welded steel pipe with flexible leakproof victaulic coupling to relieve vibration strains. Minimum 4" pipe. • Provide piping system with sufficient petcocks at low points to allow full system drainage including pump valves and the piping system. Pump & Unit Mounting • The pump and power unit combination is to be fully weather protected and mounted at least 24" from the rear of the tank unit for ease of access to filters and other maintenance components on the engine. All fluid levels to be checked standing at rear side of engine (not tank side) . Provide engine side panels with provision for security locks. Lighting • Furnish and install necessary lighting so as to 410 conform to all State and Federal regulations. • There shall be two (2) marker lights on each side of the tank -- one in front portion of tank, and one at rear section of tank. Also five lights shall be included in rear, three in upper canopy, over rear engine at outmost part. Two shall be mounted next to side marker lights facing rear. The lights shall be of a Signal-Stat #1108 series or approved equal. • Furnish and install two (2) amber 12 volt strobe lights, Whelen dot 3 system 102-A or approved equal. Mount one on cab and one on top tank at rear. Wire lights and provide switches in cab. • Install right and left side, and rear flood/work lights. Provide separate switching for each from inside cab. Flood lights to be mounted midway on the right and left sides, and also two (2) at the rear, twelve inches from the top of the tank, with the capability of illuminating the entire pump engine compartment and area behind flusher. Work lights to be Signal Stat 630-W or approved equal. 19 -2 7 Hose Reel • Provide two (2) powered hose reels mounted on left 110 and right sides at rear of the truck to hold a minimum of 100 feet each of one inch rubber hose, connected permanently to pump discharge. Power source for reel operation shall be electric with a manual back-up crank system. Hose to be furnished and installed on each reel. • The hose reel shall have a cover with an easy access door to remove hose. Also a four (4) roller system to allow hose to be pulled through at any angle. The whole cover shall be removed with the minimum of mounting bolts for service or repair. • Hose nozzles shall be capable of shooting a straight stream of water adjustable to a fog spray. Sod Watering System • Vendor shall fabricate and install a "sod watering" attachment, made of approximately two inch pipe to be controlled by a switch on the master control panel. • Sod watering attachment to be mounted on the left side (driver's side) of the forward section of the flusher unit. Attachment shall have capacity to "swing" forward to driver's window and to be operable by the driver while operating the truck. A device shall be included to secure the attachment arm in a locked position when not in use. • Attachment to have the ability to swivel 180 degrees while in operation and to include a fully adjustable nozzle. • Sufficient hose shall be included to connect the watering attachment with the flusher pump system. • Hangers shall be provided for hanging the hose on the side of the flusher. • A separate quick-coupler and valve shall be provided solely for the sod watering attachment. • All metal components of the watering attachment shall be painted to match the flusher unit. 20 S E. GENERAL REQUIREMENTS: E. 1 TRADE-IN: The City of Eagan will be trading in the following equipment in connection with this purchase. One (1) 1975 Ford F-800 cab/chassis with a 2,200 gallon flusher/tank unit. More specific details related to this truck can be found on a separate "fact sheet" contained • within these bid documents. The flusher truck will be available for inspection at the Eagan Maintenance Facility, 3501 Coachman Road, Eagan, Minnesota. Arrangements for inspecting the truck should be made in advance by contacting: Jim McGuffee, Eagan Park Supervisor; telephone (612) 681-4300. The City of Eagan shall retain sole discretion in deciding whether to accept or reject the trade-in proposal of the successful bidder. In either event, the City's decision shall have no bearing on the bid amounts for the cab/chassis truck or the flusher/tank unit, either individually or collectively. In the event that the City of Eagan accepts the trade-in proposal of the successful bidder, said trade-in shall not be effectuated until such time as the vendor delivers to the City of Eagan the complete truck and flusher unit, in a fully operational condition. Until such time as the trade-in is made the City of Eagan shall retain the right to continue use of the flusher truck for normal maintenance operations. E.2 DELIVERY: The cab/chassis truck complete with the flusher/tank unit and all attachments shall be delivered at no cost to the City of Eagan Maintenance Facility, 3501 Coachman Road, Eagan, Minnesota, no later than 120 days from the date of bid award. If the successful bidder cannot provide the purchased unit within the time frame, a loaner of comparable size and capability shall be provided at no cost to the City until the purchased unit is delivered. If the loaner is not made available, the City shall have the right to rent a unit in the open market and deduct the rental cost from the purchase price of the new equipment. 411 21 E. 3 OPERATION: The equipment and accessories identified on the purchase order shall be complete in every respect and ready for operation in accordance with these specifications. A certificate of servicing and inspection shall be submitted at the time of delivery. E.4 SERVICE MANUALS: The successful bidder shall furnish two (2) copies each of the operator's manual, lubrication chart, parts manual, service/repair manual, and any other manual (s) currently available for the truck, flusher/tank unit, and any appurtenant equipment. E.5 SERVICE/PARTS AVAILABILITY: The use of this equipment, in good operating condition without protracted down time for repairs, is critical. Each bidder, therefore, shall state in the proposal the location of the nearest stock of repair parts and shall certify that an adequate parts stock is readily available at that location. The bidder shall also state in the proposal the location of the nearest manufacturer's certified service dealer and number of years experience 0 in maintaining the equipment that is bid. E. 6 TRAINING: E. 6. 1 The successful bidder shall provide a minimum of six (6) hours of training for City maintenance employees sufficient in scope to assure efficient, safe, and productive operation of the equipment. The training shall be conducted at the Eagan Municipal Maintenance Facility at . a date and time mutually agreed to by the City and vendor. E. 6.2 In addition, the successful bidder shall provide a minimum of three (3) hours of training in the area of preventative maintenance and repair. Following the training sessions, the vendor shall furnish the City with a video tape describing and illustrating the proper daily maintenance, lubrication, and safe operation of the equipment. 22 411 341 F. BID FORM/DOCUMENTS: A bid form is attached hereto and is made a part of these specifications. An "Affirmative Action" form and "Certificate of Acknowledgement" must also be completed, signed, notarized, and submitted with the bid. G. COMPLIANCE: Any bid not complying with the official specifications or deviations not listed on the bid form could be reason for rejection. Where additional features are included at no cost to the City, they may be noted on the bid form but are not required. H. CONTRACTUAL AGREEMENT: A purchase order will be issued as an acceptance to the successful bidder's proposal. All terms and conditions stated on the purchase order as well as these specifications will constitute the entire and integrated agreement between the parties and hereto supersedes all negotiations, representations or agreements, either written or oral, made 01/ prior by any party having any interest in this agreement. I. WARRANTY: I. 1 The vendor warrants to the City that all goods and services furnished under this contract are in conformance with contract documents and that goods are of merchantable quality and use for which they are sold. This warranty is in addition to any manufacturer's standard warranty which may apply or any warranty provided by law. I.2 The vendor shall promptly replace or repair defective material, parts, workmanship and/or inadequate design at no additional cost to the City of Eagan. This warranty shall apply to all components whether directly manufactured by the original supplier or not. I.3 Unless otherwise stated in the bid documents, the vendor shall warranty the flusher unit, tank, and all related equipment and accessories for a minimum of 24 months, except where a longer warranty period is provided by the manufacturer. The manufacturer's standard new unit warranty shall be furnished as a minimum on the cab/chassis truck and all related accessories and features. 411 23 3/ J. SUPPORT LITERATURE: Two (2) complete sets of the manufacturer's specifications and literature shall be furnished for the truck, flusher, tank unit, and all equipment and accessories included in the bid proposal. K. BID OPENING: Bids will be not considered unless sealed and filed with the . City Finance Director prior to the closing time for receiving bids. Each bid proposal, together with the bid guarantee, literature, and other required documents shall be submitted in a SEALED ENVELOPE with the name of the bidder and the nature of the bid clearly indicated thereon. It shall be submitted in accordance with all provisions outlined within Paragraph B of the Standard Terms and Conditions. No bid may be withdrawn for a period of thirty (30) days after the bids are opened. The City Council reserves the right to waive any irregularities or informality in any bid received and reject any or all bids received without explanation, and further reserves the right to award in the best interest of the City. The sealed bids will be received and publicly opened and read by an official of the City of Eagan on Wednesday, November 27, 1991, at 10: 00 a.m. at the Eagan Municipal Center, 3830 Pilot 40 Knob Road, Eagan, MN 55122 . 26wp: flushers.pec 24 3Y • BID PROPOSAL CITY OF EAGAN, MINNESOTA PROPOSAL FOR FURNISHING AND DELIVERY OF: ONE (1) NEW 1992 MODEL CAB/CHASSIS TRUCK COMPLETE WITH NEW 2100 GALLON FLUSHER/TANK UNIT City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 City Council: The undersigned hereby agrees to furnish the equipment listed below in accordance with the specifications on file in the office of the Eagan Parks and Recreation Department which are attached hereto: A) BASE BID: 1) One (1) new 1992 model year $ Scab/chassis truck Make/Model: 2) One new current year production model $ 2100 gallon flusher/tank unit Make/Model: 3) TOTAL BASE BID: $ 4) Trade-in: 1975 Ford 800 cab/chassis $ with 2 ,200 flusher/tank unit (City of Eagan Unit 312) 5) BASE BID LESS TRADE-IN $ B) ANTICIPATED DELIVERY DATE: C) DEVIATIONS: Any deviation from the specifications must be listed here. Failure to do so may be just cause for bid rejection. 33 Item Deviation Item Deviation Item Deviation Note: If there are additional deviations from the specifications, they should be noted on a separate letterhead page with the signature of the authorized bidder. D) WARRANTY: 1) Cab/Chassis Truck (be specific) : . 2) Flusher/Tank Unit (be specific) : E) PARTS/SERVICE AVAILABILITY 1) Parts - Cab/Chassis Name of nearest parts vendor: Location: (Address City State Zip Code) Telephone No:Area Code ( Contact Person: IIPNumber of years supplying parts for manufacturer's line of equipment: yrs 2) Service - Cab/Chassis Name of nearest service vendor: Location: (Address City State Zip Code) Telephone No:Area Code ( Contact Person: Number of years supplying service for manufacturer's line of equipment: yrs. 3) Parts - Flusher/Tank Unit Name of nearest parts vendor: Location: 110 (Address City State Zip Code) Telephone No:Area Code ( ) Contact Person: Number of years supplying parts for manufacturer's line of equipment: yrs 4) Service - Flusher/Tank Unit Name of nearest service vendor: Location: (Address City State Zip Code) Telephone No:Area Code ( ) Contact Person: Number of years supplying service for manufacturer's line of equipment: yrs. In submitting this proposal, we understand that no bids will be considered unless sealed and filed with the City Finance Director prior to the closing time for receiving bids and accompanied by a 36 cash deposit, bidder's bond, cashier's check, or certified check made payable to the City of Eagan in the amount of not less than III five percent (5%) of the total accompanying bid, to be forfeited as liquidated damages in the event that the bid be accepted and the bidder fail to accept a stipulated purchase order with the City of Eagan for the delivery of the material as specified. No bidder may withdraw his bid within thirty (30) days after the scheduled • opening time of the bids without the consent of the City. We further understand that the City Council reserves the right to waive any irregularity or informality in any bid received and reject any or all bids received without explanation, and further reserves the right to award in the best interests of the City. Respectfully submitted, (YOUR SIGNATURE MUST BE NOTARIZED WHEN SIGNING - SEE FOLLOWING PAGE) Printed name of bidder: Signature of Bidder: Address of Bidder: Telephone: State whether bidder is: Individual Firm Partnership Corporation Names of Partners: Address: Zip Code Telephone # ( ) Area Code State in which incorporated Have you complied with the City of Eagan's Affirmative Action Policy? Yes No 26 wp: flushers.pec S 36 FACT SHEET CITY OF EAGAN - TRADE IN 1975 Ford C800 Tanker Truck • 36 1-V8 • 5 s-eed manual �` • 2 speed rear axle ""�l • Approximately 36, 000 miles • All new radial tires (6) - Goodyear 10R20 Tank (Etnyre Street Flusher) • 2 ,200 gallon • P.T.O. driven high pressure pump • Cab mounted controls • right, left, front, rear flushers • low water warning light • Electric hose reel, rear mount • Air operated belly dump 3l O NOTICE TO BIDDERS The City of Eagan has adopted an Affirmative Action Policy that it will not dis- criminate in employment practices on the basis of race, color, creed, religion, na- tional origin, sex, age, marital status, public assistance status, veteran status, hand- icap or disability; that it has agreed to take affirmative action to recruit minorities, women and handicapped persons into its employment; and that it will transact busi- ness only with firms who have adopted similar non-discriminatory and affirmative ac- tion policies. In cases where a contract with the City of Eagan will exceed $50,000, a company whose number of full-time employees exceeds twenty (20) must furnish the City of Eagan with documentation that shows the company has adopted a written affirm- ative action policy. This documentation must be in the possession of the City of Eagan before the contract can be awarded. • Therefore, please note, that in order for your bid to be considered for award, YOU MUST SUBMIT ONE OF THE FOLLOWING DOCU- MENTS PRIOR TO THE SCHEDULED COUNCIL AWARD OF THE CONTRACT: • 1. A COPY OF THE "CERTIFICATE OF COMPLIANCE" (AFFIRMATIVE AC- TION) AS ISSUED BY THE STATE OF MINNESOTA OR OTHER DOCUMEN- TATION THAT SHOWS YOUR COMPANY HAS ADOPTED A WRITTEN AF- FIRMATIVE ACTION POLICY; OR • 2. A SIGNED STATEMENT THAT YOUR COMPANY EMPLOYS TWENTY (20) OR LESS FULL-TIME EMPLOYEES; OR • 3. A SIGNED STATEMENT THAT YOUR TOTAL BID DOES NOT EXCEED $50,000. FAILURE TO SUBMIT THE REQUESTED DOCUMENTATION WILL EXCLUDE YOUR BID FROM CONSIDERATION. SUPPLYING FALSE INFORMATION WILL RESULT IN A CONTRACT'S CANCELLATION. • 3y • • (The following wording may be used as an appendix or as a part of the bid document • which contains forms to he filled out and returned:) AFFIRMATIVE ACTION DOCUMENTATION: In order for your bid to he considered for award, you must either CHECK THE FIRST BOX BELOW AND ATTACH: • A COPY OF THE "CERTIFICATE OF COMPLIANCE" (AFFIRMATIVE ACTION) AS ISSUED BY THE STATE OF MINNESOTA OR OTHER DOCUMENTATION THAT SHOWS YOUR COMPANY HAS ADOPTED A WRITTEN AFFIRMATIVE ACTION POLICY; OR YOU MUST CHECK THE APPROPRIATE BOX BELOW INDICATING THAT: • YOUR COMPANY EMPLOYS TWENTY (20) OR LESS FULL-TIME EMPLOYEES;OR • YOUR TOTAL BID DOES NOT EXCEED S50,000. • FAILURE TO INCLUDE THE REQUESTED DOCUMENTATION WILL EXCLUDE YOUR BID FROM CONSIDERATION. SUPPLYING FALSE INFORMATION WILL RESULT IN A CONTRACT'S CANCELLATION. Please check the following appropriate statement, sign and return this page prior to the bid award along with the indicated affirmative action documentation: • ONE ITEM MUST BE CHECKED AND THE DOCUMENTATION ATTACHED, IF REQUIRED, IN ORDER FOR YOUR BID TO BE CONSIDERED: _T ATTACHED PLEASE FIND A COPY OF THE "CERTIFICATE OF COMPLIANCE" (AFFIRM- ' ATIVE ACTION) AS ISSUED BY TILE STATE OF MINNESOTA OR OTHER DOCUMENTA- TION THAT SHOWS THAT OUR COMPANY HAS ADOPTED A WRITTEN AFFIRMATIVE AC- TION POLICY. I ATTEST THAT OUR COMPANY EMPLOYS TWENTY (20) OR LESS FULL-TIME EMPLOYEES; OR I ATTEST THAT OUR TOTAL BID DOES NOT EXCEED S50,000. Signature Date PRINTED NAME OF SIGNER: NAME OF BIDDER: ADDRESS: CITY, STATE, ZIP: BID SUBM1I I ED FOR: • 3y . Agenda Information Memo November 7, 1991 City Council Meeting • COUNTY SOLID WASTE GRANT PROGRAM F. Resolution, Dakota County Community Landfill Assistance Grant Program—An action taken at its meeting of October 22, 1991, the Eagan Solid Waste Abatement Commission i rec mmended that the City Council consider approval of the resolution enclosed on pages through �y regarding the County's special assistance grant program. This program additional nding program above and beyond the long term funding allocation which the County is providing to its cities to support local operations. Staff has reviewed the possibility of utilizing this grant program in 1992 to enhance the local recycling program. In this review, however, certain concerns were raised about the way that the grant program was being structured. In particular, concern has been expressed about the County requirement that a 25% matching fund contribution from the community applicant which would be difficult to allocate at this late date in the City's budgeting process. As a consequence, the commission is recommending modifications to the County grant program to address this problem. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution regarding the Dakota County special assistance grants program for solid waste reduction activities. MI III 0 RESOLUTION • REGARDING DAKOTA COUNTY SPECIAL ASSISTANCE GRANTS PROGRAM Eagan, Minnesota WHEREAS, the City of Eagan has been committed to providing convenient residential recycling opportunities for over three years, and WHEREAS, the citizens of Dakota County and the City of Eagan have contributed to funding local waste abatement activities ' through the Dakota County Solid Waste Abatement Fund and general fund monies, and WHEREAS, the Dakota County Landfill Abatement Fund allocations to the City of Eagan have decreased each year since the abatement program inception with a significant reduction for 1992, and WHEREAS, Dakota County is required by the State of Minnesota to meet mandated abatement goals each year and to meet these goals, the County may delegate responsibility to municipalities for reaching said goals and the County must establish a funding mechanism to assure the ability of the entity to adequately carry out the responsibility delegated, and WHEREAS, Dakota County has developed a Special Assistance Grant program to assist communities in continuing program activities, and WHEREAS, traditionally, grant programs ask to secure a match from the interested party in effect to show commitment to a given project, and WHEREAS, current budget constraints and budgeting timelines prohibit matching funds capabilities on the part of the City of Eagan for the year 1992 and beyond, and WHEREAS, the City of Eagan will not be afforded the opportunity to apply for grant funds under the current guidelines, NOW THEREFORE BE IT RESOLVED, that the City of Eagan strongly urges the Dakota County Board to remove the requirement of a 25% cash match from municipalities for the Special Assistance Grants program, and BE IT FURTHER RESOLVED, the City of Eagan also recommends • a minimum of two application grant cycles within a given year to better address program needs. 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 Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1991. E. J. VanOverbeke, City Clerk City of Eagan • • 7�L Agenda Information Memo • November 7, 1991 City Council Meeting HADLER PARK PLANNED DEVELOPMENT AGREEMENT G. Consideration,Hadler Park Planned Development Agreement—At its September 3, 1991 meeting, the City Council approved the rezoning of the Hadler Park Planned Development subject to mpletion and execution of a planned development agreement, enclosed on pages �� through 53 , outlining conditions and agreements by and between the City, County and developer. That planned development agreement is completed and is in order for Council review at this time. It has been executed by the other two parties. ACTION TO BE CONSIDERED ON THIS ITEM: To approve and direct execution of the Hadler Park Planned Development Agreement. • • PLANNED DEVELOPMENT AGREEMENT HADLER PARK 410 THIS AGREEMENT is entered into this day of , 1934 by and between the CITY OF EAGAN (hereinafter the "City") , a Minnesota municipal corporation and THE COUNTY OF DAKOTA, a Minnesota body politic, and SEMPER HOLDINGS, INC. , a Minnesota corporation (hereinafter jointly referred to as the "Owners") : WHEREAS, the Owners have made application for rezoning of approximately 10 acres loc sated in the NE 1/4 Section 31 in the City of Eagan, State of Minnesota and legally described as set forth in Exhibit A hereto (the "Property") to a Planned Development District Zoning and has submitted a Development Plan attached hereto as Exhibi B ("Development Plan") ; and WHEREAS, the City has amended is officially adopted Comprehensive Land Use Plan to reflect the pattern and intensity of land use illustrated in said Exhibit B; 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 0 matters that may be ?:elated to development of the Property; NOW, THEREFORE: in consideration of the foregoing and the mutual covenants which follow, the parties agree that: ;.. DEFINITIONS As used herei::, the following definitions shall apply, unless the context clearly indicftced a different meaning: (a) "Property" shall mean the land located in Eagan, Minnesota which is owned by the Owners 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 shown in the Development Plan attached hereto as Exhibit B. Such Development Contracts shall become Exhibits hereto and shall incorporate the terms and conditions contained herein. (c) "Develop," "developing," or "development" shall mean the Owner's construction or modification of, or on, the Property as set forth in this Agreement and Development Plan. 110 2. AGREEMENTS 2.1 agreements by Owners. The Owners hereby agree that they will develop the Property in compliance with the Eagan City Code, the Development Plan and the terms and conditions contained herein. The Owners further agree 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 approves the Development Plan subject to the terms and conditions contained herein. Further, 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 or the Development Plan; 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 The Property shall be developed according to the following general conditions, in addition to those specified in Exhibit C: 3.1 Square Footage. Development of the Property shall be limited to the square footage building areas set forth in Exhibit B hereto for each land use designation shown therein. i3.2 Outside Storage. Unless otherwise authorized by the City, the Owners shall not store any materials, other than trash containers, outside the confines of the 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 (or within such other period as the parties may agree in writing) after receipt of written notice of such failure. (b) Failure by the Owners to commence development (which shall mean, but not be limited to, any of the following acts or combination thereof; platting the Property, pouring footings, or driving pilings) within five (5) years of the date of this Agreement. • 4 5. REMEDIES 5.1 City's Remedies. Upon any Default by the Owners, 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 the Owners hereunder. Further, upon Default by the Owners, 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 (e) Stop work on the Default Property through the issuance of stop work orders. 5.2 Owner' s Remedies. Upon any default by the City, the el Owners may take whatever action at law or in equity may appear necessary or desireable to the Owners 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 the Owners that it has and will have full power ad authority to enter into this Agreement and to perform hereunder. The City further represents and warrants to the Owners 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 Owners' Warranties. The Owners hereby represent and warrants to the City that it has and will have full power and authority to enter into this Agreement and to perform hereunder. The Owners further represent and warrant 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. 442: 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 addresses listed below. Either party may designate another 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 Severson, Wilcox & Sheldon, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, Minnesota 55124 Attn: Mike Dougherty In the case of the Owners, notices shall be mailed to: Semper Holdings, Inc. • 81 South Ninth Street, Suite 410 Minneapolis, MN 55402 Attn: Craig Christensen Dakota County Attorney's Office 1560 West Highway 55 Hastings, MN 55033 Attn: Mike Ring 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. Furthermore, the Development Plan may be amended upon application by the Owners and approval of the City pursuant to Eagan City Code. Amendments to the Development Plan once approved, shall become Exhibits hereto and shall be fully binding upon the parties as if fully set forth herein. S 4T 9. EXHIBITS The following Exhibits attached hereto are incorporated herein be reference and made a part of hereof as if fully set forth herein: • Exhibit A Legal Description of Property Exhibit B Development and Land Use Plan Exhibit C Conditions 10. ASSIGNMENT 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 shall run with the subject land andy may be recorded in the Office of the Dakota County Recorder or Registrar of Titles. 12 . 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 by 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 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: APPROVED AS TO CONTENT: • Community Development Dept. By: E.J. VanOverbeke Its': City Clerk Dated: COUNTY OF DAKOTA lk. /7 By: 11\.. u By: Attu _ Its: C- ''Y �, Its: MIMI �-- /- Date: ck '2.1• c Date: °l•-e) SEMPER HOLDIN ,^Z By. Its: ✓'p Date: CB - "`F� R/ . STATE OF MINNESOTA) ss. COUNTY OF DAKOTA ) On this day of , 1991, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E.J. VANOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively Mayor and Clerk of the City of Eagan, the municipality name in the foregoing instrument, and that the seal affixed ir.. behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. NOTARY PUBLIC 44,r STATE OF 1 `�1 ,-r, rn : -ta )) COUNT': OF Ir) eY-rt-t1 ; ) }} III On this I +i day of (C0 1r-�1c�cx- , 1991, before me a Notary Public, within and for said County, personally appeared (~.. e,°a0\ C' ,, 1 'Y.,-,-J to me personally know, who, being by me duly sworn to be the U,t o , Pr,c,Zcr-t v m k' cf . the Corporation named in the foregoing instrument, and that sa:d instrument was signed on behalf of said Corporation by said s nn 0 „ , -„_t-,; -N and he acknowledged sa:-,d instrument) to e the free act and deed of the Corporation. ROBIN J. WERE 4,i,,,,, .,,, ,AP DAKOTA COUNTY „9.4 My Came Expires Nov.21,1994; NOTARY PUBLIC r:- V STATE OF As I\tabig5,,... ) COUNTY OF /444■ ) On this 2..1"0” day of ,, 1991, before me a Notary Public within and f r said County personally appeared WI chl‘e.l E ,"TvorwW and orw4b- , M.as1.- to me personally known, who, being each by me duly sworn, each did say that ?iciey ire respectively G ‘∎Y VW.■■ and � rrve of the County of Dakota, the body • politic named in the foregoing instrument, and that said instrument was is acknowledged to be the free and deed of the County of Dakotan MICHML R. RING ■ - • NINARY MIK—MINNESOTA • r 1 DAKOTA COUNTY —•- -"•,-• - • :LIC w Comm. Exires Jan 10,1997 s • THIS INSTRUMENT WAS DRAFTED BY: Severson, Wilcox & Sheldon, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 Community Development Department City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 (612) 454-8100 Zo • EXHIBIT A : LEGAL DESCRIPTION LOT 1, BLOCK 1, DAKOTA COUNTY PLAT 1, except the north 50 feet thereof EXHIBIT B • DEVELOPMENT PLAN • XIII A 1104 WV t iIll ' I "iiI ! ; ij ) p r r_i -ki _1 IiIIIIIIIIIIM Q �t , . . '. 4 ,,� 1�- I i !, o ,, I0 , 1 h .....2-..... i 11 11 � 1 I I I I ill `="�a ' o © " G1111.1.11111w.' -- rI I I I � ,� i . H el illliilll - ..:1 1 � A- . -°1►1111 I,l1I111-) . :II. `-.:1 1 1 I I I 1 I I 1.1* ,;,4-Qi.04)-.1 V = = It • i L' °,9H =,--Itil . § d . I, pi I I I I ITT �: _ 0 : I I 0 IIIIIII . .a. q, ...0€0 011 A 1 FR- = < �• at �' - t: : '' I; , . 4 e. -'.; ..,'. (p -di, .. Ali _ • • • Et. . 1 1 •( . WI i 1_ = i--lie: I: 1 ` _ (1, . li ([5,1 ._1i+IllHUV ' G) t I .s.; 1 : I . .1 D :. ,r ,, ' • . .fit-- y: • EXHIBIT C : CONDITIONS 1. The PD Agreement shall allow a 12,500 square foot drug store, an 8, 000 square foot Class I restaurant, a 6,000 square foot Class I restaurant, and a 14,000 square foot medical clinic. 2. All parking stalls shall be 10' wide except for handicapped . stalls which shall be 12 ' wide. 3 . All buildings shall be constructed of similar material and colors. 4 . Rooftop mechanical equipment shall not be visible from Cliff Road, Rahncliff Road, or Rahn Way. 5. All trash and recycling shall be contained within each building. 7 . No outdoor sales and/or displays, or loudspeaker advertising, shall be allowed. 8. All signage shall meet City Sign Code requirements in place at the time of individual City approval. 9. All driveway entrances shall line up with existing and/or future driveways on adjacent properties. 10. All buildings will require individual review by the APC and approval by City Council. Agenda Information Memo November 7, 1991 City Council Meeting • SERVICE STATION PERMIT/CEDARVALE SINCLAIR H. Application, Service Station Permit,Cedarvale Sinclair/Bradco Automotive, Inc., 3946 Nichols Road--An application has been received of Bradford King on behalf of Bradco Automotive Inc., for a permit to operate a service station at the Cedarvale Sinclair,o1 tion at the address referenced above. A copy of the applica-tion is enclosed on page 55 and is in order for review by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the service station permit for Cedarvale Sinclair/Bradco Automotive, Inc., as presented. • • CITY OF EAGAN 3830 Pilot Knob Road For the Period Eagan, MN 55122 /1/c v (612) 4544100 July, / - June, 9°Z SERVICE STATION PERMIT TRAILER PERMIT '4WO Cc.) ,4-17r/flc7 ) v E /tic: . hereby submits application for a Service Station Permit ($100.00) Trailer Permit ($50.00) Name of Applicant e /»21,'. J 1 £. s'ki C t'_.4 //2 ,(5.5, 0 0 /�by 6- Street Address -3 y1-/ xiC1 z.S 'Zi,Q,) /277sy 5.--44;S'f T tie£_ City, State, Zip /44 A) i -7S- •55-/-2 Z bfit'AiS • rr,Ad- 53337 Telephone Number ‘ 1.6 1/.7--d / rS Z —c Z-3 7 Location of station or trailer if different from above address: MAKE CHECK OUT TO: CITY OF EAGAN IN THE AMOUNT OF /e-je t'-c= PERMITS ARE ISSUED FOR A 12 MONTH PERIOD AND ARE NOT PRORATED. PLEASE RETURN YELLOW COPY WITH PAYMENT. RETAIN THE WHITE COPY FOR YOUR FILES. FOR OFFICE USE Receipt # Amo®t Received Date of Receipt City Council Approval Date ID RECYCLED PAPER Agenda Information Memo November 7, 1991 City Council Meeting PLAT CORRECTION/DIFFLEY COMMONS ADDITION I. Land Surveyor's Certificate of Correction to Plat, Diffley Commons Addition—Enclosed on pages 7 through , is a memorandum from the Community Development Department covering the above referenced certificate to make two technical corrections on the final plat of the Diffley Commons Addition, previously approved by the City Council. These changes relate to easements which are shown on the final plat as approved but whose dimensions were not identified on the document. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the land surveyor's certificate of correction to the plat for the Diffley Commons Addition as presented. S ID MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: OCTOBER 23, 1991 RE: DIFFLEY COMMONS ADDITION During the final platting of the Diff ley Commons Addition,the applicant's engineer and land surveyor, Pioneer Engineering Company, forgot to dimension two easements on the plat. In order to revise any plat, it takes action by the governing body. Attached is a copy of the Land Surveyor's Certificate of Correction to Plat. This item was scheduled for the November 7 City Council meeting as a Consent item. If you would additional information, please contact me. • City Planner JS/js Attach. 6 7 LAND SURVEYORS CERTIFICATE OF CORRECTION TO PLAT Name of Plat: Diffley Commons Pursuant to the provision of Chapter 505.174 Laws of Minnesota, 1957 Robert B. Sikich , the undersigned, a Registered rand Surveyor in and for the State of Minnesota, declares as follows: 1. That I prepared the plat of Diffley Commons dated August 22, 1991 and filed on September 12, 1991 in the office of the County Recorder Dakota County, Minnesota, in Book 21 of Plats, page 27 as document number 1004986 2. That said plat contains errors, omissions, or defects in the following particulars, to-wit: Two (2) easements shown in Lot 17, Block 2, having bearings of South 50 degrees 21 minutes 21 seconds East and North 0 degrees 00 minutes 20 seconds West are missing dimensions. 3. That said plat is hereby corrected in the following particular, to- wit: The easement having a bearing of South 50 degrees 21 minutes 21 seconds East should have a dimension of 88.00 feet along the northeasterly line. The starting point of the distance is at the northwesterly line of said Lot 17. The easement having a bearing of North 0 degrees 00 minutes 20 seconds West should have a dimension of 61.00 feet along the easterly line. The distance starts at the southeast corner of Lot 16, Block 2, and the bearing is the southerly extension of the east line of said Lot 16. Dated Registered Land Surveyor No. 14891 State of Minnesota The above Certificate of Correction to the plat of Diffley Cannons has been approved at a regular meeting of The City Council of Eagan Minnesota held on the _,_ day of , 19 Mayor --- City Clerk This Certification of Correction has been checked and approved this _ day of , 19 • BY ^_ Dakota County Surveyor 62r Agenda Information Memo 4) November 7, 1991 City Council Meeting LIQUOR LICENSE/LIQUOR SI-IOPPE, INC. J. License, Off-Sale Liquor, Ralph Magnuson for Liquor Shoppe Inc., 4250 Lexington Avenue--An application has been received of Ralph Magnuson for an off-sale liquor license to permit the purchase of the Liquor Shoppe Inc., at 4250 Lexington Avenue from Greg Ward, the current licensed owner. A copy of the application and police investigation report are enclosed in your packet without page number for your review. The Police Department has identified no reason to deny this application at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the off-sale liquor license for Ralph Magnuson for the Liquor Shoppe Inc., as presented. SETTLEMENT/BRUTGER DAMAGE CLAIM K. Agreement to Settle Damage Claim, Brutger Company/St. Paul Companies—The City undertook improvements to correct inadequate drainage improvements at the Fox Ridge Apartments developed by Brutger Companies. As outlineil in the City Attorney's correspondence which is enclosed on pages 60 through 6( certain difficulties were encountered when the City attempted to collected the $15,000 special purpose bond that had been provided by the developer to insure the costs of this improvement. As a consequence of discussions and negotiations with St. Paul Companies who had provided the bond, a proposed settlement has been negotiated with that company in the amount of$14,100 in this regard. This proposed settlement is in order for consideration by the City Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the agreement to settle damage claim, Brutger Company/St. Paul Companies as presented. • 77 SEVERSON,WILCOX& SHELDON, P.A. • A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW LARRY S.SEVERSON* KENNETH R.HALL JAMES F.SHELDON "'SCOTT D.JOHNSTON WILCOX* 600 MIDWAY NATIONAL BANK BUILDING LOREN M.SOLFEST J. PATRICK MICHAEL G. ILCOX RTY 7300 WEST 147TH STREET CHRISTINE M. SCOTILLO MICHAEL E. MOLENDA" APPLE VALLEY, MINNESOTA 55124 ANNE'1TE M. MARGARIT (612) 432-3136 DANIEL M. SHERIDAN SHARON K HILLS TELEFAX NUMBER 432-3780 ALSO LICENSED IN IOWA OF COUNSEL: "ALSO LICENSED IN WISCONSIN JOHN E.VUKELICH ...ALSO LICENSED IN NEBRASKA October 24, 1991 City Administrator Thomas Hedges City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55124 RE: City of Eagan-Fox Ridge Brutger Bond Claim Dear Mr. Hedges: As you know, we have been attempting to collect a $15,000.00 Bond from the St. Paul Companies which it issued on behalf of the Brutger Companies in connection with the repair of an inadequate drainage facility at the Fox Ridge Development. As you may recall, the subject $15,000.00 Bond was issued by the St. Paul Companies on June 20, 1986 for the specific purpose of insuring the correction of a defective drainage pipe at the Fox Ridge Project. The Bond was, accordingly, a special purpose Bond and not a "general contractor's bond" which were then required by the City of Eagan. In 1988 the St. Paul Companies requested that the subject Brutger Company Bond be released. Unfortunately, through an apparent clerical error staff assumed the subject Bond was one of the then no-longer required general contractor bonds and executed and returned to the St. Paul Companies a document releasing the St. Paul Companies from any and all liability to the City under the subject Brutger Company Bond. Thereafter, the City made the required drainage system repair and this past winter the file was referred to our offices for collection. At that time it was discovered that the Brutger Companies had gone into bankruptcy and that • our chances of collecting anything in the Bankruptcy Courts were extremely poor. Accordingly, and as we and members of the Engineering Staff were unaware that the subject St. Paul Company Bond had been released in 1988, we made formal demand for payment of the $15,000.00 penal sum on the St. Paul Companies. In its reply letter, the St. Paul Companies advised me of the 1988 release, sent me a copy of the executed release document, and raised other defenses to the payment of the claim. • W • • City Administrator Thomas Hedges Page Two October 24, 1991 Upon investigation, it became apparent to me that the 1988 release was given by mistake and that no sufficient consideration had been received by the City for giving the release. The St. Paul Companies' attorneys did not, of course, agree with my arguments and raised the further defense of estoppel and detrimental reliance claiming that if the Bond had not been released.by the City in 1988, the St. Paul Companies would have been charging and receiving annual renewal premiums for the Bond. To counter this claim, we confirmed with other bonding companies that the annual renewal premiums for the period of time in question would probably have been in the $900.00-$1,200.00 range. Based upon these estimates and discussions with your Engineering Staff, we advised the St. Paul Companies that we would recommend settlement of the matter for their payment of the entire $15,000.00 penal sum minus a $900.00 allowance to cover the renewal premiums which it claimed it had not billed or received due to the Bond being released in 1988. In other words, the St. Paul Companies would pay to the City the sum of $14,100.00 to settle and resolve the matter in all respects. The attorneys for the St. Paul Companies have now notified me that it has • accepted the $14,100.00 settlement demand. Based upon the 1988 release and other defenses raised by the St. Paul Companies, it is my strongest recommendation that the City Council accept the $14,100.00 settlement of this matter and I hereby request that the matter be placed before the Council for its consideration. In closing, as always it has been a pleasure working with your excellent staff and I especially appreciate all of the hard work and assistance provided by Tom Colbert and Mike Foerstch in the resolution of this matter. If you or the Council have any questions regarding this matter or wish to discuss same in greater detail, please contact me at your convenience. Very trul ours, SEVERSON, W X HELDON, P.A. I J. Patrick Wilcox JPW/mlj cc: James Sheldon • • Agenda Information Memo November 7, 1991, City Council Meeting APPROVE FINAL PYMT/AUTHORIZE CITY MAINTENANCE (SIBLEY TERMINAL INDUSTRIAL PARK) L. Contract 90-08, Approve Final Payment/Authorize City Maintenance (Sibley Terminal Industrial Park - Storm Sewer)—The 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: To approve the third and final payment to Contract 90-08 (Sibley Terminal Industrial Park - Storm Sewer) in the amount of $11,313.74 and authorize the City to perform perpetual maintenance subject to appropriate warranty provisions. RECEIVE FEASIBILITY REPORT/APPROVE PROJECT (LEXINGTON AVENUE STORM SEWER & BLACKHAWK COVE SANITARY SEWER LIFT STATIONS RECONSTRUCTION) M. Project 612, Receive Feasibility Report/Approve Project (Lexington Avenue • Storm Sewer & Blackhawk Cove Sanitary Sewer Lift Stations Reconstruction)—The Public Works Department has been experiencing mechanical breakdowns, failures and citizen complaints regarding the operations of the storm sewer lift station located west of Lexington Avenue north of the U.S. Bulk Mail Center and the sanitary sewer lift station located on Blackhawk Cove. While the Maintenance Division has been trying to modify and maintain these facilities, it has become uneconomical to continue to do so in consideration of the increasing flows that they continue to handle. Subsequently, staff has prepared a feasibility report, enclosed on pages through " , to provide for the replacement and upgrading of these two lift stations out of the City's Renewal and Replacement Fund for the respective utility. Therefore, it would be appropriate for the Council to receive this report and authorize this project. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report and approve Project 612 (Lexington Avenue Storm Sewer & Blackhawk Cove Sanitary Sewer Lift Stations Reconstruction). To be distributed with the Administrative Packet. G> Agenda Information Memo • November 7, 1991, City Council Meeting APPROVE PLANS/AUTHORIZE AD FOR BIDS. (LEXINGTON AVE STORM & BLACKHAWK COVE SANITARY SEWER LIFT STATIONSRECONSTRUCTION) N. Contract 92-02, Approve Plans/Authorize Ad For Bids (Lexington Avenue Storm & Blackhawk Cove Sanitary Sewer Lift Stations Reconstruction)--If Project 612 is approved by Council action, it would be appropriate to also approve the detailed plans and specifications and authorize the competitive solicitation for bids to allow this work to be performed as soon as possible. These plans have been reviewed by the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 92- 02 (Lexington Avenue Storm & Blackhawk Cove Sanitary Sewer Lift Station Reconstruction) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on APPROVE AMENDMENT TO POND CONSTRUCTION AGMT • O. Approve Amendment To Pond Construction Agreement (Lot 2, Block 1, Eagandale Center Industrial Park 8th Addition)—Prior to the recent expansion of the Kraft American Facility on Eagandale Boulevard, the City staff had an agreement with Northwestern Mutual Life Insurance Company as to the need for additional on-site ponding to handle the increased surface water runoff associated with future development in this area of the Industrial Park. The original agreement stipulated that any development on Lot 2, Block 1, of the 8th Addition, would require the construction of a ponding area. The recent expansion of the Kraft American Facility resulted in splitting Lot 2 to accommodate this expansion. The expansion did incorporate an internal ponding area to accommodate the increased runoff associated with its own expansion. Therefore, it was necessary to amend the original agreement to have it reflect the residual undeveloped portion of Lot 2. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the amendment to Pond Construction Agreement for Lot 2, Block 1, Eagandale Center Industrial Park 8th Addition and authorize the Mayor & City Clerk to execute all related documents. • !3 Agenda Information Memo November 7, 1991, City Council Meeting • APPROVE FINAL PYMT/AUTHORIZE CITY MAINTENANCE (WELL PUMPS 3 & 4 REPAIR) P. Contract 90-17,Approve Final Payment/Authorize City Maintenance(Well Pumps 3&4 Repair)—The City has received a request for final payment for the above-referenced contract from our consulting engineer along with a certification of compliance with City approved plans and specifications. In addition, final inspections were 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: To approve the 2nd and final payment for Contract 90-17 (Well Pumps #3 &4 Repair) to Bergeson Caswell, Inc., in the amount of $2,089.02 and authorize City acceptance for perpetual maintenance subject to all appropriate warranty provisions. • • 6 ft Agenda Information Memo • November 7, 1991, City Council Meeting FINAL ASSESSMENT HEARING/DELINQUENT BILLS A. Final Assessment Hearing, Delinquent Bills—On October 1, 1991, a public hearing was scheduled for November 7, 1991, to receive input from affected property opwners regarding the assessment of delinquent bills. The following is the list of bills as amended which have been identified as delinquent by the Finance Department: NOXIOUS WEEDS INVOICE PARCEL AMOUNT Tax Forfeit 10-00300-010-75 92.50 4 5754 10 00300 011 76 115.00 Remove because of improper notice 5331 10-01900-011-07 85.00 5730 10-13700-060-01 70.00 5726 10-13750-090-04 85.00 5330 10-14350-060-03 100.00 5135" 10443-52-040-02 -se:—0 • 5744 10-16704-110-13 70.00 5767 10 16901 020 01 9 �90.00 Paid , 5242 10-31900-060-02 Gat) 5237 10-42600-010-02 32.00 5241 10-42600-020-01 32.00 5240 10-42600-030-01 32.00 5239 10-42600-040-01 32.00 5238 10-42600-050-01 32.00 5334 10 45035 070 02 75.00 Remove - New Owner 5757 10-47752-020-01 80.00 5669 10-48050-095-01 65.00 Tax Forfeit 10-55400-060-01 150.00 5243 10-55400-070-01 80.00 Tax Forfeit 10-56210-070-03 95.00 5756 10-62750-061-01 70.00 5336 & 5758 10-72979-140-02 80.00 5759 10-72979-160-02 40.00 5727 10-75851-060-01 60.00 5327 10-75852-010-01 60.00 5326 10-75852-010-03 60.00 5325 10-75852-020-03 60.00 5253 10-81400-010-03 95.00 • 5255 10-83300-120-02 55.00 Agenda Information Memo November 7, 1991, City Council Meeting 4111 INVOICE PARCEL AMOUNT 5752 10-83612-150-01 75.00 5752 10-83612-190-01 75.00 5671 10-84477-020-01 60.00 5671 10-84477-190-02 60.00 5782 10-45073-050-02 70.00 Additional 5783 10-45252-240-02 70.00 Additional 5785 10-72500-050-01 65.00 Additional TOTAL NOXIOUS WEEDS $2,350.00 OTHER INVOICE PARCEL AMOUNT 10-77034-010-01 675.00 Burglar Alarm False Alarms 10 39900 010 01 225.00 Paid 5710 10-62750-061-01 20.00 Garbage Removal 10-17404-052-01 513.50 $240.00 Board up House/ Corrected Amount $1,208.50 TOTAL PROPOSED ASSESSMENT $3.558.50 The assessments are to be for one year at an interest rate of 85%. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for the delinquent bills and authorize the certification to the County for collection. 44 Agenda Information Memo November 7, 1991, City Council Meeting VACATION (OUTLOT A. COVENTRY PASS ADDN) B. Vacate Public Right-of-Way & Drainage/Utility Easements (Outlot A, Coventry Pass Addition)--With the original platting of the Coventry Pass Addition, detailed street right-of-way and drainage/utility easements were dedicated over Outlot A in anticipation of future phasing development. However, with the final platting of the 3rd Addition, there were slight deviations in the alignment of the public right-of-way and related easements which now necessitate the need to vacate the underlying dedications. Adequate right-of- way and utility easements have been dedicated and conveyed with the final plat of the 3rd Addition. However, the original underlying easements create a title problem for the newly created lots. Enclosed on pages 6g through (d( is a sketch showing the location of the easements to be vacated as well as the legal description. All notices have been published in the legal newspaper and sent to all potentially affected parties informing them of this proposed vacation. As of this date, staff has not received any objections to this request. ACTION TO BE CONSIDERED ON THIS ITEM: 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. 4. 7 VA' Of djec4lon 24, .. /W,, 1 'ft. f c . . , . fo lac �vt!•�'fit� Amen' Sel a'd , y /, ��.` , 71 cy `` ( 7 •1 ' : :.C N L ti A': .:7%...4,...,T Y T'jI: .--".:..,,I, 'i 4 crsoN 24, TirWNbHIP 27, ,,...,E L. , .;; k RAN 6E t3 ,.I e, gk,Lt, 4r.) �t ~i' , 7 i i ' 1: /0.. r ,. ' t• :7\4_ . ...El w I ... . () -\%\/,'? % .:0 :•. : L i, 9 `.;..i.,_ _ .""''-...4 L-; . : s c,41. ` i -- . -'7 n i. I c} 4.9P. N .." dt- Ah3f.Z7"t''''' i• 1 1 1 1 ;...---6:-"--f:'.'"4-'..-..#''''''7••IV"•rif.ii.„I _....."_..i: \ T ) 440v4Y.r ESK LANE `�'- ..�,� yJ I `\ 70.tS • S-, \\` 'a '•,�fb \r\ /Meet,./ E eEE.i ; ...Yw r - i:+ /4.`�. Ai 4 EASEMENTS TO "'i ,.A' : . "' .�P BE VACATED '�::.. �3�'� •�+'E..'€ • o 4`/41111,4( . ,,a. - _/ .r t �:. -. . k,j,:. .. Y to o°,, vi:itlit.... 4 1 l tells N ILI r� • G 4P4/%4' f 14f oe<., A t* DETAIL A 4ee sou; tuft s►4eers tp {`.:- i I` '.�. 1 3 1 I �('r CJ •r , 1 `,t to `' Q t. it i ~ p.4 l .. / r `b,4s.y4`E 4 * • 4p441410,-n., 4 s.,,,, • y 4.11''A \/ CI V 4 SAtik Ailli if' itt.lt %- -•11.2t t.)1,`"?‘. )Affr6.. ,/ e-,! 664: 32 �i L�' ? �'�,� _ �� 1. s 'j' ' / --az7.40-- 40'51'57'sTs/ \''‘'..1,..:.-No• 'Nt 4;n ` ••y 4- / o ,r S.d!'S4'S3"W 11ad� . 7XN , `.zap y i WORN LINE of TgE NI/2. o•,,,-W'� M• \ �v �+.�� R, /l "/� °°�9y O OF WE ht tilt or 54L.24 p r i� ,, DNS •.}„ v F i y r., d,e N` n -5�. I �' / . s N E EPf1OTJ 11VC7` rw •o• e'* k /N-!/-_.-_C.. k -; ;'• e .. e EX V ,,o ? r .Na • �� /„ / . P /.,..,. .gal 1 )/Y•NNNNI I " September 11, 1991 • • • EASEMENTS TO BE VACATED IN COVENTRY PASS That part of the drainage and utility easements in Outlot A, Coventry Pass, Dakota County, Minnesota, the center lines described as follows: 1. Commencing at the intersection of the center line of Esk Lane, as platted in Coventry Pass 3rd Addition, and the westerly line of said addition; thence on an assumed bearing of North 89 degrees 36 minutes 44 seconds East, along said center line, 145.00 feet; thence South 0 degrees 23 minutes 16 seconds East, 65.00 feet to the actual point of beginning; thence continuo South 0 degrees 23 minutes 16 seconds East, 245.00 feet to a point hereafter known as Point A; thence South 33 degrees 13 minutes 43 seconds West, 210.00 feet and there terminating. 2. Also the easement described as commencing at above said Point A; thence North 0 degrees 23 minutes 16 seconds West, 14.31 feet to the actual point of beginning; thence North 69 degrees 18 minutes 49 seconds East, 372.28 feet and there terminating. 3. Also the easement described as commencing at the point of termination of said easement number 2; thence northwesterly on a non-tangent curve concave to the southwest for a distance of 27.51 feet to the point of beginning, central angle is 6 degrees 10 minutes 53 seconds, radius is 255.00 feet and chord bearing is North 23 degrees 46 minutes 37 seconds West; thence North 76 degrees 00 minutes 27 seconds East, 182.88 feet to the east line of Coventry Pass and there terminating. 4. Also the easement described as commencing at the point of termination of said • easement number 2; thence southeasterly on a non-tangential curve concave to the southwest for a distance of 54.95 feet to the point of beginning, central angle is 12 degrees 20 minutes 44 seconds, radius is 255.00 feet and the chord bearing is South 14 degrees 30 minutes 49 seconds East; thence North 81 degrees 39 minutes 34 seconds East, 154.94 feet to the east line of Coventry Pass and there terminating. 5. Also the easement described as commencing at the point of termination of said easement number 2; thence northwesterly on a non-tangential curve concave to the southwest for a distance of 37.82 feet to the point of beginning; thence southerly along said curve for a distance of 255.72 feet, central angle is 57 degrees 27 minutes 30 seconds, radius is 255.00 feet and the chord tearing is South 0 degrees 27 minutes 17 seconds East; thence South 28 degrees 16 minutes 28 seconds West, 80.00 feet and there terminating. 6. Also that part of the following described easement lying within the plat of • Coventry Pass 3rd Addition described as commencing at the intersection of the center line of Esk Lane, as platted in Coventry Pass 3rd Addition, and the westerly line of • said addition; thence on an assumed bearing of North 89 degrees 36 minutes 44 seconds East, along said center line, 255.00 feet; thence on a tangential curve to the right for a distance of 183.52 feet to the point of beginning, said curve has a radius of • 255.00 feet and a central angle of 41 degrees 14 minutes 08 seconds; thence northeasterly on a non-tangential curve concave to the northwest for a distance of • 130.52 feet to a point hereafter known as Point 13, radius of said curve is 265.80 feet, central angle is 28 degrees 08 minutes 07 seconds and chord bearing is North 26 degrees 46 minutes 48 seconds Mast; thence continue on said curve a distance of 60.77 feet and there terminating. . 7. Also that part of the following described easement lying within the plat of • • Coventry Pass 3rd Addition described as commencing at said Point R; thence North 89 degrees 36 minutes 44 seconds East, 178.92 feet to the east line of Coventry Pass 3rd • Addition and there terminating. • • • CP9 Agenda Information Memo November 7, 1991, City Council Meeting • SADDLEHORN ADDITION - STREETLIGHTS C. Project 619,Saddlehorn Addition-Streetlights—At the October 15 Council meeting, a public hearing was held to consider the installation of streetlights within the Saddlehorn - Addition in response to a petition submitted by 13 of the 25 properties within this development. At the time of that public hearing, several residents had expressed a concern regarding the need for this improvement. Subsequently, the Council continued this public hearing until November 7 and directed staff to prepare alternatives to review with the homeowners at a neighborhood meeting which was held on Monday, October 28. Enclosed on pages 1/ through 74g is a summary of that meeting. Also enclosed on pages ,�j through gZ is a copy of the feasibility report discussing these proposals. On Sage is a letter sent to all affected property owners informing them of this continued public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project #619, Saddle Horn Addition (Streetlights) and, if approved, authorize their installation through Dakota Electric Association. S 76 MEMO TO: FILE #619R FROM: EDWARD J. KIRSCHT, SR. ENGINEERING TECHNICIAN DATE: OCTOBER 31, 1991 SUBJECT: CITY PROJECT NO. 619R SADDLEHORN ADDITION STREETLIGHTING INFORMATIONAL NEIGHBORHOOD MEETING An informational neighborhood meeting was held for the above-referenced project on Monday, October 28, 1991 at the Eagan Municipal Center from 6:30 to 7:30 p.m. Two residential property owners as well as two representatives from City staff were in attendance. The attendees were as listed below: Mr. & Mrs. Edward Dirk 4280 Stirrup St. Kathy Engstrom 4283 Stirrup St. Edward Kirscht City of Eagan Michael Foertsch City of Eagan The City staff opened the informational meeting at approximately 6:30 p.m. The City prepared two overhead layouts for streetlighting of that area. The original layout had 5 proposed streetlights at an approximate cost of $168.00 per lot. The second layout had 8 proposed streetlights at an approximate cost•of $268.20. The two property owners in attendance requested that they would like the City to add one streetlight to the original proposal of 5 streetlights which would make a total of six streetlights for this project at an approximate total cost of • $201.60 per lot. The two property owners indicated support of the project provided that a streetlight be added to the original project at the common lot • line of Lots 7 and 8, Block 2. The City received a telephone call from Gerald Thurstin of 4251 Stirrup on October 28th indicating that he could not attend the meeting, but was in favor of a streetlighting project. At the October 15, 1991 public hearing, Jim Ingram of 743 Hackmore Dr. stated that he did not like the proposed placement of the streetlights. Ed Kirscht met with Mrs. Jim Ingram and she requested that the City move the streetlight proposed to be located at the common lot line of Lots 5 and 6 of Block 2 to the common lot line of Lots 4 and 5, Block 2. Ed indicated to her that her proposed location would be better because there was a small tree near the original streetlight location. The residents asked and were provided an explanation of the steps necessary for paying off the total assessment amount in full after the final assessment hearing. The meeting was adjourned at approximately 7:00 p.m. Edward J. Kixacht Sr. Engineering Technician EJK/jf 7( Mrl•t•..., ''SCr ."- MI 6 Sri Of A t:,....41-7 . T...... i ...,, va.4., c,,,,,,,,, _ 2 SE IA ._ -c,J gtkt ANON N Ft ► NZ� . • , OUTLOT A ; :,- Am-, ,SUN ! �� I FIFTH' a u w ' ..• :.z:: • •.•11H•::a: , W .:.::.:.::......7...:_ ;I . :a s I.AssD. NE. e.• .�, . •I 1: : __gip_.—•--tai .. ; - •. 2. :0.::!: .'. " t:t. •-• s I •:::::::::::::::: ::::::6.-:.:.: ::::::.:-:.::::. ...:::::ig:: is :::::::::::::::::::::::: '........°•.•:•.' •••••:ft N.:::::. ::......:...:..:. . a 1 ti::::::::::::::::::: .::::::::4 ...8 D.. ... .:............... ............ , ........ El . :: an ., ................... . ..,.• ............ .. ...:::::.:.:::.:.: „....::„......::::::::::„. .. .:::::::„:„.:. .......:.:.:.:.:.:.:.: . • ‘ 4.2.-"iff ..::::::::=:::::::::: :: ::.:::,::::::::::::: n , .. .. ,. , ...... . ::::::::::.:.:.,::.:::::::,.:::.:::. ::::::::..............: . . .„,,,, • a ... $ ANN •■•■•■26....".-"TiAner.lri _ a c OP. p ' ;• • M F• • I . ..is _ — ' I • '• • • . • PROPOSED STREETLIGEtT LOCATIONS . Al EXISTING STREETLIGHTS - t• ASSESSABLE LOTS city of e a D an :PROJECT IID. sI! approved: pine ed :z PUBLIC WORKS SADDLE 1011 ADDITION - _ DE PARTMEt1T STREETLIGBT INSTALLATION 77" • • • e 97.-1-1-6---Tr-,.. •1401,1 . aac+L..'—al., si.tom - g7 Kf.RA i :it . . N a. Agt �ti 'Ilk . OUTLOT • • • f le w • .: 4.■ . , .0 r •IT 1..„. f . oa (FIFTH'i IADDIT ' 1 „ n I, s i.e., . • . trei *safe.�. .� •►fix.; �� .,.r.. . . :%. I i I S • I lt ''.:-:10.ti .i:;:i:::::::::: ;.*:::.?::::::::::::: ': ::.:N :.:::::.::.: :::::::::.. I 1 • .� • 14 sLassz NE , • t , . 0 - • •' i j --•-W�.�—• asp' • . 4,* i:::::••••":•:::.::::': 4. .1::::::::::::::::::::::::: :::::::::::::.ii:::i•ii i . P .� a ' !tl , • • . SO 'aCMmo •RIVE e 1] 7 • PROPOSED STREITLICBT LOCAT1a1S • EXISTING STRELTLIC!TS • f'•,''.. ASS!SSASLZ TATS - . city of eapan PROJECT NO. 619 Alternate No. 1 tODrDwa: Dpi t : standard 9 a PUBLIC SADDLE HORN ADDITION ti aa t n • WORKS STREETLIGHT INSTALLATION iip 4 DEPARTMENT 73 - • /SU 11,0111 AIO "-. _/liggiiit. 1 Ilia. so i-••____. --• --. �1a.aii - — 1-- (c. R A%SE RAN J� pRANCHtI o LUTHE 1 %pN o N o , • . _ c' ; . , • w / 4 OUTLOT A : f . a OM IM f - a ;. 1 TM� r � P : T '• , ., f • �' - . .::•:•:•-•.•.••••• t:n..k. :-......:::::::::::: ,„ii: • • S ' ILASSO_ --NE,-, _• 2 +-P. :............:...t.:.*:....%:%. 1 _. ,....::::::::::.:.:.:.:.:.: ...:..„....:.:.:. :::::...::::.. ::::::.:::::: ,. . _ ..x.,................. .::::*:::: :::::4.4:::::: ..:.:15::::. ... t.. _ +:: :;iii:•:�:' ;:Y::'•' '�' AL - - _ . ,ACKMORE T IVf Il SOP IlP OVO OD 10 74...; " 1 I v qty R I I I s _ • • CP OA- Jac— I• PROPOSED STREF7L1GIFT LOCATIONS A uisri11C STREETLIGHTS • •ASSLSSAZLE LOTS cit Df ea an ' piste 9: y 0 ?ROJECT N0. 619 Alternate No. 2 •pprovtd: p�lltt a: n PUBLIC SADDLE BORN ADDITION WORKS STREETLIGHT INSTALLATION DE PARTMENT� • 741 • . II J . . --,----:Ar_;9.y-. . 111‘ -...i-y . E . FEASIBILITY REPORT AND ESTIMATE OF COST FOR SADDLE HORN ADDITION • STREETLIGHTING PROJECT 619-R EAGAN MN OCTOBER 1991 APPROVED jy .Date eAGAN ENGINEERING.DEPT • • 75' w . _.4i a sity of cagan_ II 3830 PILOT KNOB ROAD THOMAS EGAN bya EAGAN,MINNESOTA 55122-1897 PHONE:(612)454-8100 DAVID K.GUSTAfSON FAX:(612)454-8363 PAMELA M CREA TIM PAWLENTY THEODORE WACHTER Council Members October 22, 1991 THOM`s HEDGES City Administrator EUGENE VAN OVERBEKE HONORABLE MAYOR & CITY COUNCIL City clerk - CITY OF EAGAN • 3830 PILOT KNOB ROAD • EAGAN, MN. 55122 RE: City Project No. 619-R Saddle Horn Addition Dear Mayor and City Council: Enclosed is the feasibility report for Saddle Horn Addition - Streetlighting. Includes is a preliminary cost estimate and preliminary assessment roll for the project. Staff will be available to discuss and present the details of the project to the Council and other interested public at a time convenient to the Council. • Sincerely ours, (T - ;, Michael . Foertsch, P. . S. Assistant City Engineer MPF/jf I hereby certify that the attached plan, specification, or report was prepared by me or under my dir ct supervision and that I am a duly registered Professional Engineer under the laws .ofd State of Minneso . As it ant Engineer Date: ) _+ . 3 1 961 1 Reg. No. 18139 Director of Finance ` 1"+.v‘0k +,..5,-. - Date: 10 - 3 S 'k • THE LONE OAK TREE..THE SYMBOL Of STRENGTH AND GROWTH IN OUR COMMUNITY • Equal Opportunity/Affirmative Action Employer • 7.. FEASIBILITY REPORT AND COST ESTIMATE • SADDLE HORN ADDITION PROJECT 619-R SCOPE: This project covers the installation of streetlights serving the residents in the Saddle Horn Addition in the NW 1/4 of Section 25, Eagan, Minnesota. FEASIBILITY AND RECOMMENDATIONS:, This project is feasible and is in accordance with the City's policy on the installation of streetlights in residential areas. It can best be accomplished as outlined herein and not as a part of any other project. DISCUSSION; Residents in the Saddle Horn Addition have petitioned for the installation of streetlights. This addition contains 25 lots which would benefit from streetlighting. This area was developed before the City of Eagan adopted a comprehensive streetlighting policy. Since the enactment of this policy, all new additions have been required to install streetlights. The above-mentioned policy also has a provision enabling older additions to petition for streetlights. Under this provision, the cost of streetlight installation is assessed against the benefitted lots and the energy charge is paid quarterly by the residents along with their water and sewer bill. • The energy needs for the Saddle Horn Addition are serviced by Dakota Electric Association, and they offer the type of streetlighting poles, lighting fixtures and the necessary maintenance service required by the City for residential streetlighting in accordance with the City of Eagan's streetlighting policy. It is proposed to have eight streetlights installed. ORNAMENTAL STREETLIGHTS: These eight streetlights would be the standard ornamental design with 100 watt high pressure sodium luminaire mounted on standard poles proposed to be installed by Dakota Electric Association. The conduit serving the streetlights is proposed to be placed underground and restoration would be completed by Dakota Electric. COST ESTIMATE: The following cost estimate includes the cost of underground conduit construction, restoration, administration, legal and other related project costs. 8 ea. 100 W ornamental high pressure sodium @ $700.00 $ 5,600.00 5% contingency factor 280.00 15% administration cost 840.00 TOTAL $ 6,720.00 • 79. Cost Revenue Installation $ 6,720.00 S Assessments $ 6,720.00 EASEMENTS/RIGHT-OF-WAY:, All proposed placing of the underground conduit and the streetlight construction is located within the 60' platted public right-of-way. It is not anticipated that any easements will be required to complete this project. ASSESSABLE AREA/LEGAL DESCRIPTIONS Saddle Horn Addition Block 1, Lots 1 - 7 Block 2, Lots 1-12 Block 3, Lots 1-6 ASSESSMENTS: Assessments are proposed to be levied on a per lot basis as is the current City policy. All costs of the project will be assessed. Estimated assessments are as follows: Estimated Assessment $ 268.80/lot Energy charge to be billed with water and sewer $ 2.80/lot/qtr. * Assessments would be spread over three years at the interest rate in effect for the bond • financing the streetlights. * Rate quoted is 1991 and subject to change on an annual basis. PROJECT SCHEDULE: The following is the proposed schedule to be followed for this project assuming favorable action by the Council. PROJECT SCHEDULE Present Feasibility Report August 20, 1991 Public Hearing September 16, 1991 Approve Plans & Specs Construction Completed December 15, 1991/or May 15, 1992 Final Restoration June 1, 1992 Final Assessment Hearing Summer, 1992 First Payment due with taxes May, 1993 • PRELIMINARY ASSESSMENT ROLL • PROJECT #619 - SADDLE HORN ADDITION Parcel Description Assessment Lot 1, Block 1 $ 268.80 Lot 2, Block 1 268.80 Lot 3, Block 1 268.80 Lot 4, Block 1 268.80 Lot 5, Block 1 268.80 Lot 6, Block 1 268.80 Lot 7, Block 1 268.80 Lot 1, Block 2 268.80 Lot 2, Block 2 268.80 • Lot 3, Block 2 268.80 Lot 4, Block 2 268.80 Lot 5, Block 2 268.80 Lot 6, Block 2 268.80 Lot 7, Block 2 268.80 Lot 8, Block 2 268.80 Lot 9, Block 2 268.80 Lot 10, Block 2 268.80 Lot 11, Block 2 268.80 Lot 12, Block 2 268.80 Lot 1, Block 3 268.80 • Lot 2, Block 3 268.80 Lot 3, Block 3 268.80 Lot 4, Block 3 268.80 • Lot 5, Block 3 268.80 Lot 6, Block 3 268.80 • • 4 =.n',NW r • •.14.2...,. 1_7 --...--...........a.. I . N L i 1.1 ems�� t ■ _ t� OUTLOT A • : - al pp z;SUNS f r• a `. p� FIFTH f Q lIALTIO • 11 I t 1 1 1 —. .::;:::"..::::;:::::::.::::::::.:::: .- ::::::::.4::::::::;:iii .. ..:::::::::::::::::ii :;::::::::::;:;::::::. ...:::::::::::.;:::.? ::::::::::: ::.;i1 i ; W 1111 1 . ' 11, ....:::::6:.:.:, _.::::::: .:::::;;;;I:;:i :;:;::::::::::::: :::11 it,r-,...::$:.=::::N i , i is ■ !LASSO NE !.. . .► • ,. '• •• 2. r i.4: M�: v w,. cam•.•::: • .S sT p,-... ' . ,ACKhi +e—J •RIVE • IRr ji,. �. I ...-..a w - . •f. • • M . . D � . _ I 1 O • PROPOSED STREETLIGHT LOCATIONS . A ExISTING STREETLIGHTS . ASSESSABLE LOTS City o eagan PROJECT MO. -619-R approved: standard PUBLIC plate e: WORKS SADDLE ■ORN ADDITION •• 4' DEPARTMENT . STREETLIGHT INSTALLATION O ( OPTIONS THIS UNIT REQUIRED WHEN FEED AND FUSE ARE • A FROM AN UNDERGROUND TRANSFORMER. 3 THIS UNIT REQUIRED WHEN FEED IS FROM A a PEDESTAL AND THE FUSE IS PLACED INSIDE. (Pedestal to be specified on stoking sheet). 4 THIS UNIT REQUIRED WHEN FEED IS FROM A S C DIRECT BURIED SPLICE. (Us•small power pedestal to house fuse unit). I $1 THIS UNIT REQUIRED WHEN FEED IS FROM It OVERHEAD SECONDARY OR TRANSFORMER 't • FUSE AT TOP OF RISER POLE. it i Ij 14' II II NOTE: SEE STANDARD PLATE T20A FOR LOCATION N DETAILS. 'I 11 li TAMP WELL AROUND POLE II GROUND LEVEL? ii �) 11 ? ; 4• C(2)#6 AWG TYPE U.S.E.CONDUCTOR R/W r BACK OF CURB 'BEHIND �a, or i 04 R/w MATERIALS LIST 25'R ITEM REQ'D DESCRIPTION i 1 IS'POLE (Fiberglass) 2 CONNECTORS AS REQUIRED 0—LIGHT POLE TYP. LOCATION 3 1 120 VOLT PE CELL 4 I POST TOP LUMINAIRE SCALE I" s SO' S I LAMP(Specify 1001V OR 150W) H.P.S. 6 I 10 AMP.BUSS FUSE TRON H.E.B. HOLDER city of eagan RESIDENTIAL POST TOP approved: Standard plate #: a PUBLIC LUMINAIRE INSTALLATION I - 90 T00 E WORKS ` DE PARTME • . . i1 ._ ;� ,'"""i _city of ecigarL 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122-1897 Or PHONE:(612)454-8100 DAVID K.GUSTAFSON FAX:(612)454-8363 PAMELA McCREA • November 1, 1991 TIM PAWLENTY THEODORE WACHTER Council Members RE: PROJECT #619, SADDLE HORN ADDITION - STREETLIGHTS THOMAS HEDGES City Administrator Dear Property Owner: EUGENE VAN OVERBEKE City Clerk On October 15th, a public hearing was held to discuss the proposal to install streetlights within the Saddle Horn Addition. In response to a petition submitted by 13 of the 25 benefitted property owners, the Council authorized the staff to prepare a feasibility report identifying the proposed location of the streetlights and the estimated assessments to each property owner. This feasibility report proposing 5 streetlights at an estimated cost of $168.00 per lot was presented and discussed at this public hearing. However, there were a few property owners who expressed concern over this proposed improvement. There was some discussion as to whether additional streetlights should be considered. With very few property owners being present to support this project in light of the spoken opposition and related concerns, the Council had reservations regarding approving the project. Subsequently, the public hearing was continued until November 7th with staff being directed to investigate alternative • streetlight layout proposals and to meet with the neighborhood. At the informational neighborhood meeting on October 28th, only two interested property owners were in attendance. As a result, two alternate layouts as shown by the attached diagram will be presented and considered at the continued public hearing on November 7th. The 6 light layout (Alternate #1) would result in an estimated cost of $201.60 . per lot. The 8 light layout (Alternate #2) would result in an estimated cost of $268.20 per lot. The City Council and staff would like to be able to respond to the desires of this neighborhood. Therefore, it is very important for all affected property owners to attend this public hearing and present their desires and concerns. If you are unable to attend this meeting, it would be very helpful if you could submit a letter stating your thoughts. • We appreciate the opportunity that you are providing us in responding to your needs within your neighborhood. Sincere , A Thomas A. Colbert, P.E. . Director of Public Works cc: Mayor and City Council. 4110TAC/jf 83 THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Agenda Information Memo • November 7, 1991, City Council Meeting PRELIMINARY PLAT EXTENSION/Ss MARTHA & MARY ADDITION A. Extension, Preliminary Plat, Ss. Martha & Mary Addition, Located at the Northeast Intersection of Diffley Road and Lexington Avenue in the SW 1/4 of Section 23—At its regular meeting of October 15, 1991, the City Council continued the above-referenced item for additional review and discussion with the applicant relative to the City's water quality requirements. Those concerns have been addressed between the applicant and the staff as outlined in the Community Development Department memorandum enclosed on pages through g$' for your review. For additional information with respect to this item, please refer to the Communi Development Department staff report which is enclosed on pages through 9, The staff report includes minutes of the original approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a one year preliminary plat extension for Ss. Martha and Mary Addition located at Diffley and Lexington Avenues as presented. • 6 4. MEMORANDUM S TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: OCTOBER 31, 1991 • RE: UPDATE - STS. MARTHA & MARY EPISCOPAL CHURCH Since the last staff meeting, the Community Development Department has been in contact with representatives of Sts.Martha&Mary Episcopal Church concerning the new conditions on the Preliminary Plat. Their architect has been in contact with our engineering division to see what the new requirements of these conditions would be and how it would affect the new site plan. He has submitted a new site plan showing the water quality pond requirement. It is my understanding that this has been reviewed by the engineering division and that it complies to the requirements. It is our recommendation that the Preliminary Plat be approved with the new conditions and the site plan attached with this memorandum. • If you have any questions or would like additional information, please advise. om unity II e - . . -- = t Director DCR/js Attach. • MEMO TO: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JOHN WINGARD, DEVELOPMENT/DESIGN ENGINEER 410 DATE: OCTOBER 31, 1991 SUBJECT: PRELIMINARY PLAT EXTENSION FOR STS. MARTHA & MARY EPISCOPAL CHURCH ADDN Enclosed is a letter from Mike Walijarvi, architect for Sts. Martha & Mary Church, along with an 18"x24" drawing and a photo reduced copy of the proposed pond locations. The Public Works Department has reviewed the new grading plan for a preliminary plat for Sts. Martha and Mary Episcopal Church Addition. The new grading plan shows an on-site pond with a surface area of 0.23 acres and a wet volume of 0.65 acre feet. The pond as shown meets the City's Water Quality requirements. During the technical review process, the City will work with the developer on the details of the design of the pond, and the storm sewer draining into and out of the pond. n D velopment/Desi n Engineer JPW/jj 411 Enclosure cc: Tom Colbert, Director of Public Works Mike Foertsch, Assistant City Engineer III 6.6. RECEIVED OCT 29 1991 _ • October 28, 1991 MORRISON/WALIJAR ARCHITECTS 2189 FOURTH STREE WHITE BEAR LAKE, MINNESOTA 55110 426-3287 Mr. John Wingard 426-5440 FAX City of Eagan 3830 Pilot Knob Road Eagan, MN 65122 RE: Sts. Martha & Mary Church Dear John: Enclosed are two 18" x 24" drawings and a photo reduced 8-1/2" x 11 " copy of the proposed pond locations for the proposed Sts. Martha & Mary Church project. In keeping with our telephone conversations regarding this ponding area, we are providing only a preliminary plan showing our best judgement regarding the location and size of this pond. It appears the pond can be located on the site and that the drainage to Lexington will work. At this time, we are not providing a detailed engineering for this project, since the proposed building is not currently being designed. When we undertake the design for the new Church building, then we will provide the engineering and final sizing for the storm sewers and ponding area. I have reviewed the proposed pond location and size with the Owner, who generally understands the concept and the provisions described • herewith. I trust these materials will be satisfactory for your upcoming November 7th meeting. If you have any questions or if I can be of further assistance, do not hesitate to contact me. e 'ely, if f OW"Mic ael all arvi ME /ddl enclosure cc: Bill Balsam • • FT I1 + \ ! e.- . r• n, I I - \ . / .,`, '�` :> _a•„as ,o ,,, . , aw Iv pr, g S a•.: 70 . •, ,tie ,- i ��F[s L ' • _/ 1\ , �_ --- ,e -2.. ac to a;l . S ♦o l ,c ,.∎ • S a —' a , I .3—. .!;`..\. \ • OS II .= • • \ •' /- -�:_—�-.-••- \ I ( 1 'I . •1,. h ' m '' ' I s 3 A. y '�• a• 'a •'• .t,—� .i 00'841 M„££,PO.O N -- i ,g . '!' •l m 3££,00.08.I. '' 'i+- •- - - -r•: - - --.I.►-e r I Z 00'8OZ s IJ O. • �••a • •,. ..•a . 1 00 =1'• ' .l�1 1 ,e \ \ \ Does, • s' ;,'31i ! .• \ ' !d • 1 v / - g \... . . '1 f':. ' t 191\0_, . ‘\. .1'. ----. '••• 1.`1,•%f."....:'Lillie ii:".....":: ..'-1 al %. //•).... ' ' - - . .' • I' 4....,, 0 \ f/ 41. 10- ,x/\11 _ _ '•.e1 . Jam_ V - ___ ...._.._._ •s ", 1 t 0- i • _ ). • . . ; • a _ "7,4 li,,,JIIN. u. / ,/ 41 ••'. .'. l. 4.I:I ._.. � • + •• _� ^ � 2 1 :. 1 smear \�oQ` �s��� - "'� 'it ,I ■ • 'I - -- __ pti�igEos�= s-7i137.S�- I {l }i - ,O,,ei ears a - .Na.. -7...65524 O'.i.68 �..41:.c."., a 1: -', ' I \<'. •. — — • -------,- T atve)!•�7 o 3 *- 1-.• ....Gas�_ �!l ....0 f%'�...../r 7v <I+ '1•-•� Fr. _ i��' N,,,,,v sE`Ee IO:r..- ..N _ .ne.,,, N•fvt_�. �tee. `.� i..:, ;. SS _fl. - +-+ ' ',.1.o 23/-. :;�r- _; J ••,_E.•t..,. 'AV E$ I S - : r... - ..... f / •I .:. L'" i2, �`/•S - '"' ; • MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: OCTOBER 9, 1991 RE: PRELIMINARY PLAT EXTENSION STS. MARTHA & MARY CHURCH On December 20, 1988 the City approved the Rezoning and Preliminary Plat for the Sts. Martha &Mary Episcopal Church Addition at the NE intersection of Lexington Avenue and Diffley Road. One year Preliminary Plat extensions were previously approved in December 1989 and 1990. The applicant is again requesting a one-year extension as they anticipate groundbreaking next summer. This item was reviewed by all departments at the staff development meeting. Last year,staff indicated to the applicant that additional right-of-way would be necessary for the upgrading of Lexington Avenue and Diffley Road and an additional condition has been requested regarding that item. Also, the Water Quality • Ordinance has gone into effect since the last extension and a condition has been added. All other conditions of the original approval are still applicable and the new conditions read: 9. A water quality pond shall be required to treat the additional runoff that will be generated by this development. The pond shall have 0.23 acres of surface area at the NWL and shall have a wet pond volume of 0.65 acres/feet. 10. This development shall dedicate 60'of half right-of-way along both County roads for the ultimate development of Lexington Avenue and Diffley Road. If you would like additional information, please contact me. City Planner JSrs g`t Page 12/EAGAN CITY COUNCIL MINUTES • December 20, 1988 • &PIa PAL ®ORc14.1: ADDITION Community Developnent .'i s: ;4 0: Q;i 1e Runkle introduced the site plan to the Council. Pastor Maititi.:•iiiformed the Council he was • available for questions. ' Wachter moved, Gustafson seconded, the motion to approve the Comprehensive Guide Plan A4111).444 nt fro. .p-III to Public Facilities for the Episcopal Church 143 : Q 4: ::voted in favor. Egan moved, Gustafson seconded, tie:' motion to approve a rezoning from R-4 to Public Facilities fig>; the jp1scopal Church Addition. All voted in favor. Egan moved, Wachter secondedr•=tiie motion to approve a preliminary plat entitled Episcopal Church Addition, subject to the following conditions: 1. The standard conditions of plat approval as adopted by Council action on Septembet:.:.15., 1987 , shall be complied with: A-1, B-1 , B-2, S-3 , C-1 , C-2, C ; ::::041;f E-1 , F-1 and G-1 . 2. The parking stalls shall 'be''fien,.eet wide. 3. The detailed landscaping'; st'4ill place emphasis on screening the parking areas.:'ft.01p'::the public streets and the • apartments to the north. 4. The City shall inspect the single family home to insure all building codes are being satisfied. 5. The access onto Lei ngton::: .vtr ue..:w it l be finalized with all concerned parties. The prop eked•:: iccsit * trance to be constructed to a width of 30 feet. 6. All si gna ge shall conf ort o Co4.. requirements. 7. The proposed development is sublitct to additional requirements pertaining to grading, drainage and fire hydrant coverage with the final plat phase of development. 8. The finished floor elevation foc the worship center shall be at least 984 feet. voted in favor. f; .; Councilmember McCrea noted that quality control should be considered. • 9° MEMO TO: JIM STURM, CITY PLANNER IIM FROM: JOHN WINGARD, DEVELOPMENT/DESIGN ENGINEER RICH BRASCH, WATER RESOURCES COORDINATOR DATE: OCTOBER 6, 1991 SUBJECT: PRELIMINARY PLAT EXTENSION FOR STS. MARTHA i MARY • EPISCOPAL CHURCH ADDITION The Public Works Department and the City's Water Resources Coordinator have reviewed the request for a preliminary plat extension for Sts. Martha and Mary Episcopal Church Addition. The previous conditions of preliminary plat approval as shown on the enclosed City Council meeting minutes of December 20, 1988, should continue to be required of the development for it to be final platted. The previous reviews did not include any conditions or requirements regarding water quality improvements to treat the storm water . runoff from the proposed development. With this preliminary plat extension, the proposed development is subject to a water quality dedication requirement. Stormwater runoff from the development will be discharged to an existing. 42" line along Lexington Avenue which will first carry the water to Ponds JP-29 and JP-9.1, both classified as sediment basins. The water will then be discharged to Pond JP-9, a 14 acre lake within Patrick Eagan Park designated as a Class II Waterbody and intended to support indirect contact recreation. Currently, Pond JP-9 does not meet the water quality standards established for it in the City's water quality management plan. On-site ponding is recommended to treat the additional runoff that will be generated by this development. Analysis using the City's water quality model indicates that a pond of 0.23 acres in surface area at the normal water level and with a wet pond volume of 0.65 acre-feet will be sufficient to achieve adequate treatment for the entire site, including the proposed future additions. The pond must be located to intercept all runoff from rooftop and paved areas. An elongated pond design is preferred with the inlet(s) at one end and the outlet at the other. A skimmer on the outlet will also be required. City staff will work with the applicant to locate and design the pond. . The previous preliminary plat reviews also did not include any requirements regarding additional right-of-way along the adjacent County roads. As shown on the enclosed copy of a letter from Gary Stevenson, Dakota County Surveyor, sent to Dale Runkle on November 1, 1988, the County will be requiring the dedication of 60 feet of half right-of-way along Lexington Avenue and Diffley Road. 9'/ .. n.w.•.M 11011%•..• .nil „.,«, «.. . _,.,I Tri�o0ildl linll. watt.. wows i I I ' i W+uwoww.� w..wr..u,...,.... 1 ONI'$1031JN0!!Y NdyrtmyM,NOSIVV0w «•0 411111 a • Iii ill • .,2-a, 1 , y . . ---_--- -- .1 1 ; . In1 , . L Lip ', . .� i . ,-moo 1 %• , 3 _ 6E--- p 0 rh . I - 3 4 ir IlL.,. i I ' 1 y 1 i I I l lei• I • " . . .# ii , t / . + I , •1 167 .——1 11* 1 .....1 . • NI., 1.. \ 1. ,, 4 \ 1111 . . - . __, • .. r W 1 li r 1 ‘ir Ail / 11 4 271. 1 a (../ I ;1\ i H s u til 1 II 151 Oi J ;I ui '3 ` II tii i ti 1 1 —ry / 1 mss • ,. . . • it �V � �... ._J- 1 1 • • • • C •ft• qv . . . . . ... _ . • FINANCIAL OBLIGATION -Saints Martha & Mary Church (Plat Extension) Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system • based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit P.F. .0126/S.F. 196,891S2. $ 2,481 • Storm Sewer Trunk Storm Sewer Trunk P.F. 017/S.F. 196,891S.F. 3,347 Storm Sewer Trunk P.F. .017/S.F. 16,S11S.F. 281 Trailway - P.F. 11.80ff 413ff 4,873 Lexington Ave. Trailway P.F. 11.80ff 363ff 4.283 Diffley Rd. Total mat • 4 93 • •• • 2 i 1,L.,.... I ! Is I • it • O N . t 1� ... ...Uto• •i a s... , •. � � �_� I Rai ti cv ___\....„_,,.,...i...._ iw i k g, = w 14 i.� -. • . " . , ••• rte, • v a .� or i • . ! It _. y ` � • O • • Q ! . Cu A` N I CD +•. W �+ N ohs fIC fie• �wl. • w t ;' ! • 1 II� we i W to 7#4. ."..L.1, • w.l : x ti .ti W • •� 1 •• • ..1 .1P II' i... )01:#40". < • .s.3r.... la CC dre• 0,44., 7.4 11••• tit oes . • J ' ' • _ 1 st... ssa;,..‘opiocs\.. • .00004.000.00.\\IN_ 1 I. s •'!• ATM NO.LONIX31� * q . i •11.7 71= +0 . . . I V It ■ I I ,- M • I • c, • 0 ^J • -•• •••1121• •1 ae 1... -.. •« f L✓• ! ::;icy e {CO i a i�� : r • ;64 . Co CZ CO O .46'4 • , `'•±,, •, ... ••. .. .. 1111 •• r "� •'. "; .,.s-•sue i 1{:1. a V ''��� % p S 1 • • 7 oil j 3L oc • ac I . at CU iv : ., 9'81 Ti CO iL 1 O o. • V i 4 CO F 111"' ' 1 '�: i • + AVM • N O.L N I X 3'1 a 9,...5°• . Z S i ! • . • 1 • * . . L • 1 . ,... . . x ___1 . . . co E rn • M ti O N ... , •••141.1 -1 • •t nadrt . ,R f ;i :•t. • . "• :11 ,, %I' :+ ...•• . Z G, . . V • s . I . ,, % CO -• ••••t»I7 + I _ 1 �• � P in.0 O Q • Z 1 m. lb..‘ s . am •' I • • i► Cr I • tt s s CO � i •t`' a 111 a $ ',op:00\c 1 1 : , 1 N. • +=�. AVM NO1ONIXX14 , . a ` a • . 9" • 1 '1 77 1a: tin a: . Agenda Information Memo November 7, 1991, City Council Meeting OUTSIDE STORAGE ORDINANCE AMENDMENT B. 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. Those concerns are outlinedj'n the Community Development Department memorandum which is enclosed on page . This memorandum also covers a copy of the proposed ordinance which is enclosed on page(s) . For additional information, enclosed on page //6 is a copy of the Advisory Planning Commission minutes in this regard. The APC has recommended approval of this item prior to the technical changes referenced above. 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, or to continue the item for additional consideration of the proposed technical modifications. • po r F7 MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: OCTOBER 30, 1991 RE: CONDITIONAL USE PERMITS OUTSIDE STORAGE At the October 15 City Council meeting, the proposed Outdoor Storage Ordinance was continued and the following changes have taken place: 1. We are recommending that vending machines be eliminated from the definition portion of the Code as they are a totally enclosed item and are self-dispensing. 2. An additional performance standard, #9,will call for a detailed site plan showing the dimensions, location and design of the outdoor storage area. • Since there are changes to the proposed Ordinance, it would be desirable for the Council to review them, along with internal staff, and have the Council take action at the second meeting in November. Attached is a copy of the proposed Ordinance. If you would like additional information, please contact me. ."V*11‘‘'."'4 City Planner JS/js Attach. • • ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING) " BY 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 Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by deleting Section 11.03 (54) in its entirety and by inserting the 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, materials, finished goods, inventory or other movable property, trash receptacles, or motor vehicles. Section 2. Eagan City Code Chapter 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-i") Districts and upon the City Council's granting of a conditional use 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 scaled site plan specifying the dimensions, location, material and design of the storage enclosure and area. C. Performance Standards and Non-Compliance. 177 i. 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 be placed within an enclosure. b. All such enclosures shall be attached to the principal building except in the Limited Industrial District. c. The enclosure shall be made of material suitable to the building and the items to be stored. d. The enclosure shall not encroach into any established front building setback area or other required setbacks. e. The enclosure shall not interfere with any pedestrian or vehicular movement. f. The items to be stored shall not exceed the height of the enclosure. g. The display area shall not take up required parking spaces or landscaping areas. h. The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. i. The square footage of outdoor display areas shall be included in the calculation of required off-street parking for the principal use of the property. 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. Eagan City Code Chapter Eleven is hereby amended by repealing Section 11.20, Subd. 9 (C) (9) . /6-e) •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, Subd. 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 of 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 read as follows: III 1. Subject to Section 11. 10, Subd. 29, of this Chapter, outdoor storage and then only when conducted by an occupant of the shopping center. Section 9. Eagan City Code Chapter Eleven is hereby amended by repealing Section 11.20, Subd. 16 (A) (13) , and Section 11.20, Subd. 16 (C) (1) , and by changing Section 11.20, Subd. 16 (C) (5) and (6) , to 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, Subd. 29, of this Chapter, sales yards for building materials and then 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. /0/' Section 11. 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: /0x- • . • Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 24, 1991 OADIIAJC$ MADMAN? - CITY 07 *AGM • Chairman Graves opened the last public hearing of the evening regarding an Ordinance amending Chapter 11 (Zoning) of the Eagan City Code regarding outdoor storage. City Planner Jim Sturm stated that both the Advisory Planning Commission and the City Council have recently reviewed applications, i.e. Tom Thumb and Superkasrica, requesting a Conditional Use Permit for outside storage. The Advisory Planning Commission denied the applications and the Council continued them until City Staff could draft a definition of outside storage. Mr. Sturm stated that this has been done. Be stated he will answer any questions. Member Staeheli asked for an example where an outside storage usage would be permitted. City Planner Sturm answered that an area attached to the side of • Superkmerica that was made of brick and not located near any traffic or pedestrians and met all eight conditions, would be permitted. Me stated that this ordinance was similar to Eagan's Sign Ordinance. Instead of completely restricting outdoor storage, it will be permitted but only if all of the conditions are met. Trygg moved, voracek seconded, the motion to recommend to the City Council adoption of an Ordinance amending Chapter 11 (Zoning) of the Eagan City Code regarding outdoor storage. All voted in favor. ADJOURNMENT Voracek moved, Markley seconded, the motion to adjourn the • September 24, 2991 Advisory Planning Commission meeting at 7:55 p.m. All voted in favor. Secretary - Sagan Advisory Planning Commission • /03 1 Led TSB N'17 re.ET 16. 7.r as • Agenda Information Memo • November 7, 1991 City Council Meeting U& LOT COMBINATION AGREEMENT/SHERYL & DAVID RINGBERG A. Lot Combination Agreement, Sheryl & David Ringberg, to Combine Lot 1, Block 5, Windtree 4th Addition with Lot 1, Block 2,Windtree 6th Addition—City staff has processed a request by the property owner of the above-referenced parcels to permit combination of adjacent lots into a single tax parcel. For additional information with respect to this item, please refer to the Community Development Departmen staff report covering a copy of the agreement which is enclosed on pages 6 through for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 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. • • /d MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: OCTOBER 29, 1991 RE: LOT CONSOLIDATION The City has received a request to combine adjacent Lots 1, Block 5, Windtree 4th Addition and Lot 1, Block 2, Windtree 6th Addition. David and Sheryl Ringberg who currently live on the northern lot (see exhibit) have purchased the southern lot with the intent of having one large lot. They do not intend to sell the southern portion in the future, however if they or the subsequent owner does, it will require replatting or a Waiver of Plat. The subdivision portion of the Code allows lot combinations for lots of record as long as they are recorded with the County with verification to the City Clerk within 30 days. Attached is a copy of the Lot Combination Agreement and map. If you would like additional information, please contact me. V City Planner JS/js Attach. CC: Gene VanOverbeke, City Clerk • /D ' LOT COMBINATION AGREEMENT • WHEREAS, David Ringberg and Sheryl Ringberg (hereinafter owners) are the owners of two adjacent parcels of real property located in Dakota County, Minnesota. The • first parcel (hereinafter Parcel A)is identified as Tax Parcel I.D.No. and is legally described as follows: Lot 1, Block 5, Windtree 4th Addition P.LD. #10-84473-010-05 The second parcel (hereinafter Parcel B) is that part of Tax Parcel I.D.No. described as follows: • Lot 1, Block 2, Windtree 6th Addition P.I.D. #10-84475-010-02 WHEREAS, the City Council has required that Parcels A and B shall be combined into one tax parcel in order to prevent tax forfeiture. • NOW, THEREFORE, the Owners hereby agree as follows: 1. The Owners agree to allow the Dakota County Auditor's Office to assign one tax parcel identification number to the area consisting of Parcels A and B. Signature Signstu Va �pv Not • ti��MMA�MMnMl1MM•.1nnMM SAM!f SUZANNE M 3C:'!.^-7_. ; • NOTARY PURuf- D DAKOTA C.Ot / My Commiss!on Expires gar S, : wvvvv,,,, • APPROVED AS TO FORM: fley 'ty Atto ey's Office Dated: < ?D 0 , - /7 9 / APPROVED AS TO CONTENT: Planning D artment Dated: PI 1� THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 MIDWAY NATIONAL BANK BLDG. 7300 W 147TH ST APPLE VALLEY MN 55124 (612) 432-3136 • • /0 7 • ► OUTLOT... A - -1 •1:76 24- ... --1404 3.-- -- --14 441•11.01111 1004 VS-- I . 113 13 {1;1 �4 2 4 2 :' �4 WESCOTT STATION PARK w•. I ' J.1 .I. l 11 } M.' r1 a1 /, Afg • 4 -J4s 1 , E24, PART Of ..�iti� :.Stl T.. 4iS2a� hi, ` Ay M. 4- s. OUtLOT J 10 r tat J, ••• a Jp OUTLOT • C Q ,. '4.R��Q4'.%? �� �~ ,I.e11.►►,F •r,1 . 1-1,U It 0 2 T r at. i'v b��,� s� ' I. 2 8D 4 •' •.if? ;••7ab 1 r -4kti 0 .re-.; 5 4 . IN 44. .. r. ‘ $ 22 I� 2p `' ••taro,1 0 D• �4' i •D' V 04. 1 G. d1f r r 501 t a"e` t s; i ' a ir �, r �, 11— - iQ,.: WI DT - E• 131.1 -. "\00 ,,, 1 32 6•• w MV,' 1S6- +b 842.1., ii‘ii, ..‘ 14 , it -- • siv---i--. , 41/4b.144‘4V. 8 T ,,,, _ ; • • .1Q vj + ' L o t Sk■ • Vh-',.*111/ .4 4` - o ki°r i 12, T;.: rl . 3 4d p F It ... 4 : •2 I '• i:S. 1 ti .�..,,;IN l3 � -.di t4-_ p- • _la • rr • NEB (� +T { 7 r� i Jt aj .. !II • ° '1 Sip •' y `�.':• t .'+'•44.,..A4- 1' • ' l 30 4107 .E �4i. ¢ ' • -- ` .%- { -...,ln ,1 -. t�•Q, 1.58, • 01.4• S ,0 , .. 8 1 12 Y �- _ • • I P • d . Agenda Information Memo November 7, 1991 City Council Meeting • FRONT YARD SETBACK VARIANCE/SUNCREST ADDITION B. Variance,William G. Huttner, Lot 1,Block 1, Suncrest Addition,for 10' from the Front Yard Setback—An application has been received of William G. Huttner requesting a variance of 10 feet from the required 30 foot front yard setback to permit the construction of a home at 3619 Sunwood Trail. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on pages 110._ through//2/for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 10 foot variance from the required 30 foot front yard setback for William Huttner for Lot 1, Block 1, Suncrest Addition as presented. • • • /4? SUBJECT: VARIANCE • APPLICANT: WILLIAM G HUTTNER LOCATION: LOT 1, BLOCK 1, SUNCREST ADDITION EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: NOVEMBER 7, 1991 DATE OF REPORT: OCTOBER 29, 1991 COMPILED BY: COMMUNITY DEVELOPMENT bEPARTMENT APPLICATION SUMMARY: An application has been submitted by William G. Huttner requesting a 10' front yard setback Variance at 3619 Sunwood Trail. COMMENTS: The applicant is requesting the setback Variance so he may construct a house that would conform to the rest of the neighborhood. He feels in order to conform with the neighborhood, he needs to build a home with a 3-car garage and decks in the back. By moving the house 10' to the front, the decks can be added and the trees in the back yard could be saved. As proposed, the deck would be built at an angle to follow the drainage and Sutility easement which takes up the entire back yard due to the pond. As proposed, the house would meet all other setback requirements. If approved, this Variance shall be subject to all other City Code requirements. • /10 Huttner Variance NW Hugs cocf~ -CEDAR -NE _-_ NW STREET COURSE i an, 4. . gc flP" IRD ` Q r •, �� � • fb q r i I. !W ,.rG �;, yR 0• ., s '�� •. • Ius ?. o :..., i 7_ LA. E�. Map _ BiEN, Street ap i 4tU C :'� '. _ WESCOTT F�, 7 U > • QQ��)N NE a'/ ,,aLL , , i ON HILL .lam ANTER��:� +�: �T WI '01 1 1 •1• i CARRIAGE .� .T,, t..u* ; r p.4...-.1.J *. 6 HILLS q _ :A,:� ,. el CWRSE GAR EN iR' mar s" 4 ,1, Zoning Map =. .1 ' . MAII `w' r • .: :.p Ia.eNo"t" �\`3`\1 ,1 i ei ill t of • spa,- f�x,.71� �, \,,,,, i / .Ik'A , \., Iiiiips:it ellifh%41'. W!) .2 VI r 4- I 4 • -II ,F c D-I11 _ INS• Comp Guide Plan Map '\� IIII .......__\ 1N • t a2sat t � O-1 D- /t f )lrtlr{ (C.\--.7 k- .. . METRO 1875 PLAZA DR. SURVEYORS SUITE 200 INC. (612)452-7850 22 Certificate of Survey for; • HUTTNER CONSTRUCTION LEGAL DESCRIPTION: LOT ,BLOCK I SUNCREST ACCORDING TO THE.RECORDED,PL AT • THEREOF DAKOTA COUNTY,MINNESOTA NiLeos st9 LOT T • J . • .. O•. 0�0 � h F (.0 N gP�Qy 4� b 1°,s \ • * � b -I- 5s/ "0(o s (19 ri. c t``0 / \ 1111 to sa / A . (...0 io ,- -N s Fa. 1 G�/ , 0 Q` —� a r? ! .SOP/ u) o I I , 5�� 20 .1, Z o�co�ryb• 62• P\\. o � V /.o , : 00 O• h • .,��4>' SCALE = IN = 30' • &,EGEND, INVERT ELEVATION AT SERVICE EXTENSION• O DENOTES IRON MONUMENT PROPOSED GARAGE FLOOR ELEVATION• • DENOTES WOOD HUB SET PROPOSED FIRST FLOOR ELEVATION • , DENOTES EXISTING SPOT • PROPOSED BASEMENT FLOOR • ELEVATION ELEVATION . . DENOTES PROPOSED SPOT - ELEVATION f■ DENOTES DRAINAGE DIRECTION Nom. VERIFY ALL FLOOR HEIGHTS WITH FINAL NOUSE PLANS • I hereby certify that this survey,plan or report wa prepared by me or under my direct supervision end that I em a duly Bradley J 'peon, Mn. Re}No.IJ23S i Registered Lend Surveyor under the Lan of the State of Minnesota. // ' bate 14(1'1 I Agenda Information Memo November 7, 1991 City Council Meeting • SIDE STREET SETBACK VARIANCE/THOMAS LAKE ADDITION C. Variance, M.W. Johnson & Associates, Inc., Lot 8, Block 1,Thomas Lake Addition,of 5' to the Street Side Setback—An application has been received of M. W. Johnson for a 5 foot variance to the required 30 foot setback from a City street for property located at 1478 Lake Park Circle. The lot in question is a corner lot located on the cul-de-sac of Lake Park Circle. For additional information with respect to this application, please reffe; to the Community Development Department staff report which is enclosed on pagesth, rough for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 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 as presented. • I//3 SUBJECT: VARIANCE APPLICANT: M W JOHNSON & ASSOCIATES INC LOCATION: LOT 8, BLOCK 1, THOMAS LAKE ADDITION ' SE 1/4 SECTION 28 EXISTING ZONING: SINGLE FAMILY RESIDENTIAL.(R-1) DATE OF PUBLIC HEARING: NOVEMBER 7, 1991 DATE OF REPORT: OCTOBER 25, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a 5' setback Variance to the required 30' setback off of City street right-of-way (R.O.W.) The lot in question is located at 1478 Lake Park Circle. BACKGROUND: The City Council approved a 15'Variance for this lot on August 24, 1987. The 1987 application requested a setback Variance necessary to accommodate a 76' wide home. The Variance was never acted upon and therefore, became void one year from the IIapproval date. COMMENTS: The current application is for a Variance of 5' to the required 30' setback from City R.O.W. or the north boundary of the lot. The house proposed for this site is 62' wide and encroaches into the setback area approximately five feet. As proposed, the house meets all setback requirements except for a 16' wide portion of the house that extends five feet into the front setback area. The odd shaped lot has street frontage on the west and a portion of the north side. The driveway will load into a garage from the cul-de-sac on Lake Park Circle. . If approved, this Variance shall be subject to the following conditions: 1. No other Variances shall be granted for this lot. 2. All other applicable Ordinances. FyY 4� _/( Jl r- i ST .. S L lii01..Thr ...., r'�j i t ', .± ' WT�WYID a �71.ifO iEf • /( ` r t. p ' a. ___t„,1: e ; l.. Y y -- I(4 M Ma 3Z1 r s - k4 s //� J t, s '`' 4. _ u wh1El - I 1�PARRY/EW 4 .... v PIAM' ur1� r^r'—AI , • , i / I ( . . . --, I & . . -...„. . ... \ -------- . ....., i i . \ 1 1 N \ -.., \ .‘ ......./. I \ • ■ I I a . ' , 1 , I ......:- 1 . -. I 1 0 I - .\ \ . „ I... 1 • ., e \ , 1 1 _ 1 L. . ... , . ,....71 Li C......1, • , ''' ..1 ....., / • I i ! 1 , 1 • / , • i--.. / 1 4 a.z.1 ! / 14 . '..re :. t. -i.. ' — CIZIvf_ — 6'1 '. . i.... / I / 74 /, , / 0 I .ID / P . .... 1 o "......._ . . LAY6 0 /i6. /9 9 1 ..... _. SIGMA House Certificate t=oe: . . . SURVEYING SERVICES INC. Homes by "'0 moo 6 OO PARRANTO 0 °I M ' 102 011,►)432.°IO 55122 =r sel2eau•son ) - - $ 0•0037" W 85.00 NIS--. ■ t �'; Al 0 i. AI ocv 440 14 . . Sbkor et:Int 1......2::. •-• o .. sto. tr :: a + t y •�7— i I.S t: v Lint-f P v x, o S i ' ' / l I .di. t. .0 922 .+0) ' = 1, Oaf' • MI n. v zss t . Irk ! �'I : x.7a%sa� `e'4. a' u..J i..ar + ° E I M may. a'� H�S ,4roa+ t III f' .fit— a{. I•~I,•-.�� Zr)Q l�v iltd1 . AA,r. . i 0 .1A 14• �GE w o BA.St1a 3 (9H.e/ _,T /1'u, G..r...A E?ta / j� 4o.e �- 24,0 ' / • s / ,1,1 t *a t1lp1 . 'O/ • `maill I I c• c s ! s hd 0..`• ..f�o -1W—als- 4 is Aril ,, EAa.rt.Q t:,j• 1.06 00A. --° - •.' ,•. • D`90 ��' S`.-- , N 0•IT54" E • IC7.94 4 R I?. PARK - ``.... CIRCLE . sue..r.40- -LEGEND- PROPOSED GARAGE FLOOR ELEVATION• 41'0.0 o Denotes Iron Moment PROPOSED Top of Block ELEVATION• iO. • • • Deletes Wood Nub Set PROPOSED BASEMENT FLOOR ELEVATION• 9213 (,4'p aims Denotes Existiry Spot Elevation �T . Verify all floor heights with Final Hose Plans. (,121.0) Denotes Proposd Spot Elevatial ....-.--Denotes Drainage Direction .,-SUFVEYCRS GERTIFICATICN- I hereby certify that this survey. plan or report • -Pf�r DESCRIPTI�I- was prepared by sat or order ay direct supervision !DLL_AMA__L__ and that I M• duly Reg is terd Lard Surveyor r the laws of the State of stirrresota. 401 w.1rm„.•u. 4` .1 V THOMAS LAKE MAT ION (/� ....Z..%-; '' accadlry to the rKCrdd plat thereof. • uF ate: u 1181;, ' i'4 T� WAY7IE I t O..r'II" aunty. Nirnnota Wayne D. Cordes, rim. Dag. No. a i COIlUf el i 1 ' f .r//g Agenda Information Memo November 7, 1991 City Council Meeting • SPECIAL USE PERMIT/MINI-DONUTS SALES/CUB FOODS D. Special Use Permit, Michelle Florez, Lot 1, Block 1, Cliff Lake Center, for Temporary Sales of Mini-Donuts Outside of Cub Foods—An application has been received of Michelle Florez for a special use permit to allow temporary sales of mini-donuts in front of Cub Foods at Cliff Lake Center. This applicant has previously received a similar permit for this use. For additional information in this regard,please refsr to the Community 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 Michelle Florez for temporary sales of mini-donuts outside of Cub Foods as presented. // 7 SUBJECT: SPECIAL USE PERMIT APPLICANT: MICHELLE FLOREZ LOCATION: EAGAN CUB FOODS LOT 1, BLOCK 1, CLIFF LAKE CENTRE EXISTING ZONING: PLANNED DEVELOPMENT/COMMUNITY SHOPPING CENTER DATE OF PUBLIC HEARING: NOVEMBER 7, 1991 DATE OF REPORT: OCTOBER 25, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow the temporary sales of mini-donuts in front of the Cub Foods store located at 1940 Cliff Lake Road. BACKGROUND: The City Council approved the applicant's request for one year on . November 20, 1990. The previous application requested the sales to take place in the parking lot. After discussing the issue, the City Council decided the sales area should not occupy parking spaces and/or drive aisles, but would be more appropriate at the north end of the sidewalk in front of the store. COMMENTS: The applicant has stated that this request is identical to last year's in that the mini-donut sales will be held from 9:00 a.m. to 9:00 p.m. every other weekend for an undetermined amount of time. The operation is self-contained in a van that will limit the use area to the sidewalk on the north end on front of the building. If approved, this Special Use Permit shall be subject to the following: 1. The operation shall be limited to Saturdays and Sundays from 9:00 a.m. to 9:00 p.m. 2. The permit is temporary and shall expire November 30, 1992. 3. Sales area shall be clearly delineated and provide a sufficient amount of space to keep customers out of available parking spaces and traffic lanes. • f f • t: 1.1, / . 1. 1 i - -. , , 1:,-,i,„0.40.". .... . soma .•\'‘ , \ \ t' .1 / J ...... . 1 *64�, ., I ' ,. •r000•r TENANT SHOPS -s r, ,�.o3 al lurnon twat Nu: F. ' i s sob Fowl. ! ki\) • Irun. TC •-) -// i scow ` \ . . \ lOT 1 • , -. CUB FOODS TRACT .. _ - , • A \ \ ) , 1 . . i. :\ \ ► ��j.-Jam_' '..., ?..\-- / u \ `�, �UTLOT R C plTlOf ►1LOM SIGN_ • ti _ CL'f 1 5A Lee '5 , , A gE„, A ii,/ e - *I N • . . //7 • Agenda Information Memo November 7, 1991 City Council Meeting CONDITIONAL USE PERMIT/SCHUSTER EQUIPMENT COMPANY E. Conditional Use Permit, Schuster Equipment Company, to Allow Sales and Service for Heavy Equipment on Lot 1, Block 1, Sibley Terminal Industrial Park Located Along the West Side of Highway 13, South of Alexander Road, in the NW 1/4 of Section 9—At its meeting of October 22, 1991, the Advisory Planning Commission considered an application for conditional use permit for the Schuster Equipment Company to allow the sale and service of trucks and heavy equipment as outlined above. For additional information with respect to this application, please refer to the Comnnulity Development Department staff report which is enclosed on pages 'y/ through /Z for your review. In addition, the Advisory Planning Commission minutes relative to this item are enclosed on pages through / C1, for your review. The APC is recommending approval of this item. As is outlined in the minutes, the applicant has indicated a need to meet with the property owner and City staff to resolve responsibilities relative to the condition that the gravel parking lot be paved. Enclosed on page t2 7 is a memorandum from the Community Development Department indicating that an effort will be made to resolve this issue prior to the City Council meeting. Additional information with respect to compliance with this condition will be provided by the Community Development Director at next Tuesday's meeting. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve, or deny, an application for a conditional use permit for the Schuster Equipment Company to allow sales and service for heavy equipment as presented. 9G\ E : / 0 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: SCHUSTER EQUIPMENT COMPANY LOCATION: 3130 SIBLEY MEMORIAL HIGHWAY LOT 1, BLOCK 1 SIBLEY TERMINAL INDUSTRIAL PARK #1 EXISTING ZONING: LIGHT INDUSTRIAL (LI) DATE OF PUBLIC HEARING: OCTOBER 22, 1991 DATE OF REPORT: OCTOBER 10, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow sales of trucks and equipment. The site is located on the west side of Highway 13, south of Alexander Road. BACKGROUND: The site in question was previously occupied by Expert Disposal which was acquired by Waste Management of Savage. They had no need for the building which • was built in 1987. Schuster Equipment Company was established in 1920 and is headquartered in Lamont, Illinois. The building currently occupied in Eagan is the company's only Minnesota location and has been operating without sales since opening in August of this year. COMMENTS: The proposed use is sales and service of municipal equipment and supplies including street sweepers, dump trucks, snow plows, etc. The 16,000 sq. ft. building has offices, as well as a large service bay area. The company expects to have between six and twelve pieces of equipment on-site at any one time. When possible,vehicles and equipment will be parked inside for security reasons. FINANCIAL OBLIGATION - 9-CU-16.9-91 SCHUSTER EQUIPMENT COMPANY Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount None La_ Total $ 0 /21 =scs GRADING. DRAINAGE & EROSION CONTROL: The building and parking lot for this • site were constructed in 1987 under a building permit for Expert Disposal. The building permit required that Expert Disposal construct storm sewer to drain their site and connect the storm sewer into the existing 48" storm sewer line on the north side of Alexander road. The developer did not construct the storm sewer facilities as required under the original building permit. The site surface drains to Alexander Road and the runoff flows down Alexander Road to a low point next to the R.L.Johnson 1st Addition. The property owners near the low point of Alexander Road have complained to the City about excessive runoff and erosion that occurs in that area. A storm sewer study of the site shows that the storm water runoff in Alexander Road along its south gutter line in the northwest corner of the site during a 5-year rainfall event is approximately 10 cubic feet per second. This flow rate in the street exceeds the City's maximum standard flow rate of 4 cfs. Staff recommends that a minimum of two catch basins be added to collect the runoff from the site. The catch basins should drain to the existing 48" storm sewer line on the north side of Alexander Road. The storm sewer construction will require an open cut crossing of Alexander Road (a public street) and some disturbance of the existing parking lot on the north side of Alexander Road. The connection to the existing 48" storm sewer line will require the construction of a new manhole at the connection point. The east edge of Lot 1, Block 1, Sibley Terminal Industrial Park, was not properly graded when the site was constructed in 1987. The area east of the parking lot has steep slopes of approximately a 1:1 slope. The steep slopes do not have any vegetation on them and they can erode into the parking lot. The area needs to be graded to a maximum slope of 3:1 and properly restored. The grading required to provide for 3:1 slopes should not disturb the wooded area east of the site that provides a good buffer to Highway 13. STREETS/ACCESS/CIRCULATION: The site has three accesses onto Alexander Road and no access to Highway 13. The parking lot on the east side of the site is bituminous with concrete curb. This parking lot is in good condition and meets City Code requirements. The parking lot south and west of the building is gravel and does not contain concrete curb. The gravel parking lot needs to be upgraded to a bituminous or concrete surface to control the deposition of sedimentation into the existing storm sewer system. Also, the south lot needs to be constructed with concrete curb and gutter in accordance with City Code requirements. I /yZ If approved, this Conditional Use Permit shall be subject to the following conditions: • 1. All trash and recycling containers shall be stored indoors. cy g 2. All signage shall be subject to the one-time sign 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 adhered to. 5. Two catch basins shall be constructed to collect storm water runoff from the site and the catch basins shall connect to a new manhole to be built over the existing 48" storm sewer on the north side of Alexander Road. 6. The east edge of the site shall be graded to provide for a maximum slope of 3:1 and the area shall be restored in accordance with City requirements. 7. The gravel parking lot south and west of the building shall be upgraded to a bituminous or concrete surface with concrete curb and gutter. 8. A permit is required from the City for any construction activities within public right-of- way. • • /Z3 ALEXANDER ROA • ROAD .L. ___;__\__ 'CO _ ef 'f (.71 Xj2f) . . ;' . 0 ( //' -let<' • / j `r • ' �x s / ' "i(rY� D�— 'i ,.• �� ) I� _ N ( ) a ' / I ` CO• ° °F 1 ; _• a sra AIAMIN.Mai.r 0; i ? Ail •" lam. r a- / I 1 i - 1 .9.1,1111 ,,' i /I.' Ili\ 1 /( i A ,. ', Tiro ( Ili CD a.� FL(4,0;0 a I f - J i I 1 i I rl ` • I r ' � Aw f- i{ r .. j 3 I t I i ! i A 'Z / / ; ` , .I I ! i . 0 • (3-1-1 EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 22, 1991 CONDITIONAL USE PERMIT SCHUSTER EQUIPMENT COMPANY Chairman Graves opened the first public hearing of the evening regarding a Conditional Use Permit to allow sales and service for heavy equipment on Lot 1, Block 1, Sibley Terminal Industrial Park located along the west side of Highway 13 south of Alexander Road in the NW 1/4 of Section 9. City Planner Sturm stated that at present there is approximately 6 to 12 vehicles on-site at any one time. He suggested that the Commission set a cap for the maximum amount of vehicles that would be allowed to be parked outside at one time. At another location with a similar situation, the cap was set at 15 to 20 vehicles. Chuck McCall, an employee of Schuster Equipment Company, related that Schuster Company is only leasing this property and therefore is not able to guarantee that the owner of the property will comply with all the conditions proposed. He also asked how much time they had to comply with all of the conditions. • Chairman Graves suggested that Schuster Company could work with the owner of the property and City Staff before the City Council meeting to discuss the time frame in which the conditions must be met. Member Voracek stated that he would like to see a cap set for the number of vehicles allowed to be stored outside. Mr. McCall replied that a cap of twenty vehicles was acceptable with him. Member requested Merkle uested that a condition be added that requires q the broken concrete blocks on Schuster's property to be cleaned up. Mr. McCall stated that could be accomplished. Trygg moved, Hoeft seconded the motion to approve a Conditional Use Permit to allow sales and service for heavy equipment on Lot 1, Block 1, Sibley Terminal Industrial Park located along the west side of Highway 13 south of Alexander Road in the NW 1/4 of Section 9, subject to the following conditions: 1. All trash and recycling containers shall be stored indoors. 2. All signage shall be subject to the one-time sign 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 adhered to. 8' 5. Two catch basins shall be constructed to collect storm water runoff from the site and the catch basins shall connect to a new manhole to be built over the existing 48" storm sewer on 111 the north side of Alexander Road. 6. The east edge of the site shall be graded to provide for a maximum slope of 3: 1 and the area shall be restored in accordance with City requirements. � ,yam-'' 7. The gravel parking lot south and west of the building shal_�1,,,j,� be upgraded to a bituminous or concrete surface with G%�- `� concrete curb and gutter. 8. A permit is required from the City for any construction activities within public right-of-way. 9. The broken concrete blocks laying on the property shall be removed. • 10. No more than twenty vehicles at one time shall be stored outside. All present voted in favor. /;41; MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: OCTOBER 29, 1991 RE: CONDITIONAL USE PERMIT SCHUSTER EQUIPMENT COMPANY At the October 22 Advisory Planning Commission meeting, the Conditional Use Permit for Schuster Equipment Company to allow truck and heavy equipment sales in a Light Industrial district was approved unanimously by the Commission. The discussion dealt primarily with limiting the number of vehicles on site as Hoovestol Trucking did along Lone Oak Circle last year. The ultimate number of 20 was agreed upon with the applicant. The applicant stated he understood the staff report and conditions, however they are only leasing the building and would have to work with the owner on the requirement to pave the parking lot. He asked if there could be some reasonable time to make these improvements. Schuster • representatives from Illinois will be in town this week and we plan to meet with them and the owner of the building to review the conditions in detail. City Planner JS/js /Z 1 Agenda Information Memo al November 7, 1991 City Council Meeting CONDITIONAL USE PERMIT/VARIANCE/ADAMS OUTDOOR ADVERTISING. (EAST SIDE OF I-35E1, F. Conditional Use Permit,Adams Outdoor Advertising Sign 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 NW Quarter of Section 32—At its meeting of October 22, 1991, the Advisory Planning Commission considered a conditional use permit for Adams Outdoor Advertising for a billboard sign at the above referenced location. This application is one of four considered by the APC at different locations within the community. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on pages ,/ through /35 for your review. Also enclosed on pages 1j 6 through l3 is a copy of the APC minutes with respect to this item. The APC is recommending denial for the reasons indicated. Also enclosed on page are a list of items that the Commission has forwarded to the City Council for consideration on each of the four applications. ACTION TO BE CONSIDERED ON THIS ITEM: To approve, or deny, a Conditional Use Permit for Adams Outdoor Advertising for an outdoor advertising sign and a Variance to allow more than 250 sq. ft. located on Parcel 011-27 along the east side of I-35E, south of 40 Cliff Road in the NW quarter of Section 32 as presented. • /z " SUBJECT: CONDITIONAL USE PERMIT VARIANCE APPLICANT: ADAMS OUTDOOR ADVERTISING LOCATION: 10-03200-011-27 EXISTING ZONING: RB (ROADSIDE BUSINESS) • DATE OF PUBLIC HEARING: OCTOBER 22, 1991 DATE OF REPORT: OCTOBER 15, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow an advertising sign and a Variance of 128 square feet to the sign size of 250 square feet. LOCATION: The property is located south of Cliff Road, east of I-35E, west of Plaza Drive, and north of Fire Station #5 and Berkshire Ponds Addition. COMMENTS: The applicant is requesting a 378 square foot advertising sign, 128 square feet over the 250-square-foot maximum City requirement. The reason given for the 378 square feet is that it is the industry standard size (10' 5"x 36'). The sign is 40 feet in height and on a single steel column. The proposed location of the sign is 200 feet from the north property line and 400 feet from the south property line (the nearest residential area). All height, setback, and distance requirements with respect to other signs have been met. The proposed sign will be located on property which is unimproved and for sale. As the property is sold and developed, the signs would be removed and therefore are temporary in nature. If approved, this Conditional Use Permit shall be subject to the following conditions: 1. The Conditional Use Permit and Council Resolution shall be recorded with the Dakota County Recorder within 60 days. 2. When Parcel #10-03200-011-27 is sold, the sign shall be removed. 3. A sign permit shall be obtained and a fee of $2.50 per square foot shall be required. 4. The Variance of 128 square feet shall be approved. 5. All other City Code requirements shall be applicable. • J2.7 FINANCIAL OBLIGATION - 32-CU-1&10.91 - ADAMS OUTDOOR ADVERTISING • Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. ,The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount Trunk Storm Sewer C/I .034/s.f 112,500 s.f. S3.825 TOTAL $3,825 This financial obligation is not considered a condition of the issuance of the conditional use permit. It is supplied for informational purposes. S • • Mudrub vuwuor Aaverusrng t..u.r. JI - i ,„ ` LKPNCR J V \ on- ' - '' -44, 16016 IPA a tEtriO ., .;m:6' • r. 4V NE Street Map il �-y ��" 6 LA Y,i =Y J `�p�7N �Of (IMGS .-- LIFT '1CLT 1- - R 12-S 2. R 1I-J e:41-.&- P.' ® 5• • R M-/ �• M1A n 15-1 S- • AU PT 15-1 //�' f- PT 17•♦ •• IppEM PT er i L� t•MUlw.w R !o-S ik` .- , , ;„ . . S s 4.- A i _ s;; ,,,i as ” '.---- . 1 a*Illt 1) . ari q p .. p p I .1. __4.1.4.4„,. .....:17 . . .. ft ,.,. , tt: Zoning Map ...au:1.0.11-k. _ r► 41. _�•- L` isuff �� ty ..Qt{S- 4. ■ _,. , Si..oarlM.� .:.v?d„„ .. CIF/ , ,,-• +". „�ae4Q -f ' i PK <",' DAKOTA COUNTY PARK 'gf•+•��111 ,. r (4 it •..1.: J.F IS• R ' I A ;r / _- `P V oa\ 18 // Comp Guide Plan Map LB PF � 1 ,.... rirpippr 0.0)) c , o.1 i1 • /3 • Adams Outdoor,Advertising C.U.P & Variance -.. :f.• k 4.- r( 4. kI (■J 1.t \t I ji AkAlot,44,4 :- ..,'•::,--v. ‘•\\,',.A...s:Aldri.47 ii -.... -,,:,1.... , ,-, ,-... -.....- <.,-,:• ‘,.....- ,, .. •....,..-:, s : ... : iR -4 '"4-`4:,,,..(4\N eii Vs(;>.• .-‘',. '''Vtii'i‘./ `\- A4 '. is" NB 13 • 4.;,.7...,, ,-.. , -. .., , L fc.„,, ,;', ..4,, i ,.., ......-ti •1 •il (it • ,,.. <- .: . „.. , .., ...,;:i -,•. \\•.„,-. ';-. r i:`,!c,• ,( '-• ! t.ti tte' .: - _kr., ,t A ..:- . . ,.., .- . •;\ -.. N.., N. • bi P.4.r.‘'.• -• : ; ',; i...••c Z : : -' "—: 1 .. . i':< :1. ..‘`-'( . ,\\\``• .,' --' (...... . <P.....:t.. • y .,. ..... %* ' i 1 littl...: • . : . 1 !'• :1'.,41.!::',::** ? ir 1 ii PV Iii■ , .i ' iii iL 7 .7 i : ::: :i' • t itt*IttSit . ei • . .:: 6 t •.•:•. . .. ; c •:■••• .:ii:_,:IL: ;.!- - • ; . • • • 1 .. , , 1-% LI' • k..; 0.' • " I- . '1 Oltiii41: i 1:11it i 1 PK . . . .. 0 r *413.. , ; ' ' '“. j) . i I'I • ' N Ails 1 A 1 .,!'! '. ; I ...fiJfill I 1 ' 1' i I 4 : - IR ! J . • PK .0A- .. . 14. ) — / f f - . .. ... ._ .. •• Ai• e( • ••.4 'I • . J4 • 1 • It _(_ k : I.... I.: .; . • 4., - x . 1 r : • •••\ ..., • ,/ ■ 1 : ii M ‘‘•,),' . 1. . ..■ • 4 " 4 11 .\s• - ;^1,.. . . , • ■ ..A11 /\.•' i. ;11 t1'..%.,. ,:.*\ .0 , _ n r.I■ri . • . .x, • i '(I ( Iftifit. :1'..':',.' ,eil, N.;t‘f•••••\ 1 •c . It ; ‘ .\: ..,..i.1 .....-t i . ., .1‘..% ■sl 1 . : pr 1.4.., 4. ' 1 • PD . . • , : ,. ,i . : 1 ..% , . •;1' PK 1 .....7.....k . . • I . . . I I i L Z. . • st...;fmr% ft rpm 1 I. .1.....;,- . I •,, . •(.1::, f- s :.. i‘l :,... I ' .• . , , • . 1 f.:‘ - v • ‹ . ,, • itlit .1.1... -• . • T,.. • . y;..'' , . ''.,, l'',e •I.., I '' '- -''ss*-- '— , . • t - RI) 0 < • lt4 -'**1 1 1 .. . ••■,--4 .... 44, / i .I-E •• sq 7. . 0 ,: - . - - 1 PD i .; I: A I • ... • • ! . : 1 . 1i i i —I . ...1 • , - • :. .. • . --- \ , ... . • i • -.. ). , .s . .(... 1 , , --• , , . • Mit ! .. . , ,..4_1. 11 •• i . i I I - _. . . .. k -..... -----... „ • • I it nAKRi '.1. I I ' ..' .....:... .1 ' i''': . . I . q A 1`krit■I A tigl :. •,.... ..A 4 .1 ,11.0.■NIIMMIIIII e••"—.7. i \. I/ tt 11 Cr.T.T4 1 .. ;I' . . . 4 141, LB .....1 ..-.4. — At‘r q • • . • ' . \ . lf: 'zi ,„--, i . ...., \• 1 i.■■•••• 1:1 PIT •1 .I... . ' P8 C . '' 1•'••••" % i...," 1 s,',..,--,a,.. skl*fl :.,t, • : .....j.:,..A.‘....-• .-... .,..1,- •-kr--. • - R!ix, 410 . . , . • .._i / .1 i...i.i J fi T T;0 • w .1ty ' • ••• ■• ..1.1.11 ill U 1 I 1 I ; ' - : • , r , : III ' / 44 I . . • : \ • 4-}. 1•4 : " t , 1 if I;1 f ? ?1 1 i • I • ,. . ,...••::,;,......i. ' , „e' -•'!...--; 'V1 I i 14 i ,..., ..... • • \S\ • • ' . k '• / , p r ilittirtv \. p : ./ e•s* 1 14 • - / . . 4 :- i • 1 ./ ..y •-•-: \.:' v `".. \ . \ . •x • , .„' v s • f. / .. \''',7.• '. 11 ck ti.a.t.:•., S..t..."`.-'A ii,„..,,,,,,i .vv.: 1 licfri 4 ‘..i.j... .1..r :■• i ...... .• ,\T. \\<• • t.‘) 1 ..'%': • 11" "-- Ti ;* / - .4 .. 1_..,,,' ...r. „.1,sj : i 1 '4 — •• ,'‘. ' ' ‘,J• 1.-...f .f ! . i t . < . •• 1 'Y Ji i i .ss -.....1.i: I . ;•- . : ..-.•, ..''. 2 - / •-• . - . !: 11.;1 '1. . ./ k 1. !f!TIT ' • , 1 R uf..CLIFPIF. - . .1 •v .- . 1 / R_1 ■kvP . / I , .. iv mr),/ /rr , • . . i, Proposed Sign . Y: 14 • . s i .....:1 . 1 : '•i: •.` .' - I. LOCatiOn • PKE ,k, • ,, vi ! . • 41p , • 7, •• DAKOTA COUNTY NIP K • , ,/ ,•.. I'l / : - - -: -: .. - ‘, i..11 ...1171....?,..4 i. :. ,../ ■ "I ?• ."('/1. .1. ---• • 1... •I ' 11110:,, -**1 's 0 , ,-.- A . i .1 1 " --- ' • I \ 1 ( ..7 1 • . ‘ .1i. 1 : E s A S • I \ '.. • 1 7 1" /75(*1 41 _ • ..1 t . ,, /.3s7 Adams Outdoor Advertising,sInc.Conditional Use Permit & Variance • • , , / / Aer 1.— •„ a 4 4, ou1101A al • . . . V? .„........... # S ,• *. .. . ..:‘,,. r. 1/ • �, P �� Q�b 011.17 - A47 ft o '■ _4/”. .•••••".. io . 2 / � , 1 _ ' 4, 44. t& ,0071.0, o ,./ s _.:s.652 I VT:.... 1 44e 4 1S;4t%41 .. .; V I d -.A CI I T a EAGAt -`' 1 t PR!.i!_ __ ►• ., • �' 1'—TV.VT , 7. - ,• • ; ��,fi y 6500 r I P. ��4 _ :1, _-115 �r,. r fia,•4. .- . e .., : id, ., t .,. ....., .... - ,/ '..3 . WM..,. * sets i . k', 9 •, sp. __!11 17• ".tl 10 . 5 moo " :! 3 .. ' •_ 4t t_ V xn1Fl i'- = 19 '1, I "°. ra_�. V I wool j e� �_ 2�--� I$ e/ a ts�ooe 181.21 X16 1• 4. �_.4° ._tie. 4 1 y 6 R 1 1,' '% 13 !t rt• i.. I's; J .. 1* '• r •r 0 "� '1 • \ e 16 1 LME ,. w /33 • Adams Outdoor Advertising.Inc. SITE PLAN • Location: PID# 10-03200-011-27 • cp PROPOSED SIGN • sCV tot iiiiiiiiiiiii of • TREE BUFFE�i:�ie�c?? North /3L Adams Outdoor Advertising.Inc. • • SIGN SIZE • 36' • 110'6" 378 sq. ft. I _ I I I 1 I 11I I i 11 11 _ III 111 11 -ROUGH SAWN CEDAR 40' 'SINGLE STEEL COLUMN GRADE • • EAGAN ADVISORY PLANNING COMMISSION MINUTES OLTOBER 22, 1991 CONDITIONAL USE PERMIT/VARIANCE ADAMS OUTDOOR ADVERTISING Chairman Graves opened the next public hearing of the evening regarding a Conditional Use Permit for an outdoor advertising sign and a Variance to allow more than 250 sq. ft. located on Parcel 011-27 along the east side of I-35E south of Cliff Road in the NW 1/4 of Section 32. City Planner Sturm stated that a change has been made to condition #2. The word "sold" should be deleted and the word "developed" should be inserted. This change applies to all four of Adams Outdoor Advertising applications listed on the Agenda. He commented that this application meets City Code spacing requirements. John Bodger, a representative of Adams Outdoor Advertising, showed the Commission photos of the proposed site and sign and stated that he was available to answer any questions. Charles Schoron, 3714 Berkshire Court, stated that he is opposed to this application. He likes Eagan because it has no billboards and particularly that no billboards are present on this stretch of 35E. The proposed sign would be visible from his property and he asks that if the Conditional Use Permit is approved, that the variance is not granted. Member Voracek commented that he is opposed to this application as well as the other three applications Adams has submitted. 410 Member Merkley stated that the Commission has been consistent in saying "no" to billboards that have come before them. He is opposed to this application because it is not compatible and harmonious with the existing highway. Member Trygg agreed with Members Voracek and Merkley's statements. Member Hoeft also stated that he was opposed to this application. He felt that a billboard in this location would not be aesthetically pleasing and would be a distraction to traffic. He commented that he sees the potential for abuse in that the property may never be developed and therefore the billboard could become a permanent fixture. Member Miller stated that he is not opposed to all billboard advertising, however, he is opposed to this particular sign because the proposed location of it is near residential homes. This particular sign is not compatible with this particular location. Chairman Graves stated that he agreed with Member Miller in that the billboard would be located too close to residential homes. He stated that he has a problem with the variance. He also stated that the billboard would be detrimental to the general welfare of the 410 surrounding neighborhood. Member Merkley added that Adams Outdoor Advertising has not shown the Commission any hardship why the billboard needs to be as large as is proposed. /34 Mr. Bodger replied that the billboard proposed is an industry standard sign. He also mentioned that the City had approved past applications and the size of the billboards in the present applications are the same as the billboards that were passed. Voracek moved, Merkley seconded, the motion to deny a Conditional ! Use Permit for an outdoor advertising sign and a Variance to allow more than 250 sq. ft. located on Parcel 011-27 along the east side of I-35E south of Cliff Road in the NW 1/4 of Section 32, for the following reasons: 1. Is detrimental to the general welfare of the neighborhood. 2. Is not compatible in appearance with the existing or intended character of the general vicinity 3. Will change the essential character of the general area 4. Will not be harmonious with surrounding area 5. Aesthetically not pleasing 6. Distraction to traffic on 35E All present voted in favor. Chairman Graves wanted it noted on the record that he strongly recommends, if the City Council chooses to entertain these applications, that they do not grant the variance. A considerable amount of time and thought went into the sign ordinance. The ordinance states a maximum size of 250 sq. ft. and they should stand 0 by the ordinance. /J7 Chairman Graves wanted the following items noted to the City Council: 1. He recommends that the City Council take a look at using a "sunset" provision if it grants these applications. 2. That condition #`2 should state "sold or developed" instead of only "develop". 3. He strongly recommends that if it grants the Conditional Use Permit, that they not grant the variance. 4. He believes that the City Council should again review the sign ordinance. Requests will continue to come in and this issue needs to be looked at. 4 4.? i Agenda Information Memo November 7, 1991 City Council Meeting CONDITIONAL USE PERMIT/VARIANCE/ADAMS OUTDOOR ADVERTISING (DIFFLEY ROAD) G. Conditional Use Permit,Adams Outdoor Advertising,For an 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 NE Quarter of Section 29—This was the second of four applications for outdoor advertising signs considered by the Advisory Planning Commission at its meeting of October 22, 1991. For additional information with respect to this item, please refer to the Comm pity Development Department staff report which is enclosed on pages /go through /! for your review. Also, enclosed on page FcG7? is a copy of the Advisoy Planning Commission minutes with respect to this item. inally, enclosed on page /0 is a portion of the minutes relative to all four applications which were forwarded to"the City Council for consideration in this matter. The APC is recommending denial of this application for the reasons outlined in the minutes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve, or deny, a Conditional Use Permit for Adams Outdoor Advertising for an 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 NE quarter of Section 29 as presented. 411 /39 SUBJECT: CONDITIONAL USE PERMIT • VARIANCE APPLICANT: ADAMS OUTDOOR ADVERTISING LOCATION: P.I.D. #10-02900-041-01 EXISTING ZONING: RB (ROADSIDE BUSINESS) DATE OF PUBLIC HEARING: OCTOBER 22, 1991 DATE OF REPORT: OCTOBER 15, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Adams Outdoor Advertising requesting a Conditional Use Permit to allow an advertising sign and a Variance of 128 square feet to the sign size. LOCATION: The proposed sign is located south of Diffley Road, east of I-35E, and west of Johnny Cake Ridge Road. This area is zoned RB (Roadside Business). The area to the south is currently vacant, R-4 zoned property. PROPOSAL: The applicant is requesting a 378 square foot sign, 128 square feet over the 250-square-foot requirement. The reason the applicant is requesting the Variance is that 378 square feet (10' 5" x 36') is the industry standard. The sign has a single steel column and is 40 feet in height, which meets the maximum height required by code. All setback requirements and location with respect to other signs have been met. The proposed sign will be located on property which is unimproved and for sale. As the property is sold and developed, the signs would be removed and therefore shall be temporary in nature. If approved, this Conditional Use Permit shall be subject to the following conditions: 1. The Conditional Use Permit and Council Resolution shall be recorded with the Dakota County Recorder within 60 days. 2. When Parcel #10-02900-041-01 is sold, the sign shall be removed. 3. A sign permit shall be obtained and a fee of $2.50 per square foot shall be required. 4. The Variance of 128 square feet shall be approved. • 5. All other City Code requirements shall be applicable. 11 • FINANCIAL OBLIGATION - 29-CU.19-1C.91 - ADAMS OUTDOOR ADVERTISING Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount • Trunk Storm Sewer C/I .102/S.F. 176,800 s.f. S18.034 Total $18,034 This financial obligation is not considered a condition of the issuance of the conditional use permit. It is supplied for informational purposes. /4( • • • • • • • • • ,II. . • ' - © ;� D5122 i Mt„• • 1-1‘ . f allf DITTLe, i sir • 7E ,,JStreet Ma I T;t a1 W 7 .4PI� '�= �� _1�_`yy !EMI L► . .2 SW•.!1j tea.• u r 1J/^`�0.-- ThAiL 4 GI°M-N (f.^."•.. • -.."-:-...13)I;11'1.;'111, f " a1 i z A R 1 "". A ' R • I) ,s I�Zoning Map ; _ � 1 wl< ,. Any 41. •', .., ,K,,4.4'- B / o R- J , a • A A •Q' ■ ! • e.gk a.ier • •4! �a1�!or . •s (, ` 1). - J 't' 'AAtL► • {� If 1•w D41 1 1441 11419Fr 0-11 - Comp Guide Plan Map si.=- _ • — J tAfà.A D•11, iii Y V • • 1 /cti--- Adams Outdoor Advertising C.U.P & Variance .,. .. .. .;9 c ti*Iy:i [ q)...:41. 1 , . •.. ,• . .: ! • ' 4.',11/4tf , 1:.i ..z j, i,..,...,..i.,.......i..i. : .././. .:.;>1 . , i •i f,' t ,,J i.. , .,.: re :.; i -I ' '. •' • . . . i . s- i il(2 % ' s. ).s ' ... -..1 ;1 ,-.1-1!'1V1414/41 /./ / ... ... / • i :: . . 111 (\,..,. ,4411).'. z .., • . •• . . . ..... - . POI •' . . ' •-. .... 1 1 ..? .; ,, :,... . ..., •. ‘, . . : : > ••'; 4,1 , . 7 I i i : 1 \•• , ,,.. ex., ..r a \\\) ,, CT 110,i410..ii•1) . k , , A -tiln it) \\.\/..ii its). . Tri I. A . ' • .4. 4, !"1 1 Li 11-1 — ... N .• 4-3 ...... . t'ily+1 ,, :•• ■ , • *in lit , . i . _. i " .i-- .T 1 re .' . . • .. .1. L . ,., „.., 4.• • i NM ( :cr.n.1.4 .., a • -..., ...''' ,...'' . j • —-— ,. •, -., . .• t 1 If ' . . - • • ----1,-,4‹,":;;e:11 e" ,••.' .•;", • • \ r-I"TT. 1 i t---- — taiv A .1 A i \ •bi pyk / iTTT* -- " . . . . ' k t% , %. .. ...... ,..-. .•. . . .; /.• ...._ t . • 1.1 „ ; 1 f (II 1 )k, / 1 • ,.. .. ,• P If 7P 1-...4-iii .....i . . • A .. • • , ' : • , s, * * , i - NIL' ANDAL r i • I .-...I.•• ■•• , . 4 11 N-4 i II r AP. - S A Apt. i: .. ..1 ., 1 ; . ,.. i ,, , ..—"1. vs.;•Ji J11 Irt'llp '' ' Rti f Proposed .Signi ), , . `‘!.,•' i z 'r, ' 1 Location a - • A .. 1; •i: R B i , •:... ( NB '''• ,i C. S A H * 30, i _ ..• . .., t iN 7 r•6 ' ? . . . 1 - •:4 f adte! t3 PO g 1 I ' ' Pb / . — '1 • , . , A t , I ' R Ei ., i • . , ...• •\.:, ,.... . :: i 4/.., PD7 . .... el,,,,s :• ' t Illie 7 . /,./ ii. u ; :'.. • , . . - • ., I . : i • i• : ‘ VI A• • ,. .ii -4 ! . • s.. 7 , . -.• e s I: 0.- ''., ., ' . 0 • : •" id n , % 1 i•' • • V■ q IN ;• : -,,,,. .IL n 0 • 4' 1 151( 4.•• ft s -4 V - - ci...,. ‘ . ' • , ,,,i v •f.s.,. • . .t A . , ,.i. ..4, • . • .• . ! : i - ;261 '' s A:10 i• r s, :. .., pp , i )g: : i .••,/ <I : • , . ; . ii . . .? 4 :: • il , T • ii .. •. .1• : : , MI ft.:1;1S • • - :k ,. -• . i .i li 441.0' .4 . : • VI* , : P . .. , : : :y . ....,.(ttry-11. 4. 11 •..1 6....1.,,,,, i PK 2 . ..,. .. . i ? ::. :: i T N LASE h4E.f4! ''•' , ; Non? %tit ,t 'ef . .t.i. MI., 1 • "' t ' ' _11 I 7e 4.".", / ... •• :• • :. 1.4,1 I J; ' , ' • PK •!:.. si . • . f ' il'• ,,.\.q , %t:::„ , ' i 7 ..• : t.,'.. ' t . li '. s'' .. i 1‘'' ..' .04.1 i • ,,: 0 r. : , s V:‘: . 7.. s• ,,.. - 0.. :.: . • , •rX s , .1N,t ,,. . 1'. '.I '.■. : ". .-ilePi ', sik-x .:44:0 / i.• ,:: :y... .... 1I ! i , ,,.. , . .,••• : • ,1 : • . , . •..: : , .... ,,. . . . ... ii_N•ri; i :) li ...t.:1 4 z• :pf.)..‘ tit • i . i , e, Pb ...; 1.. 4.,; :......!, t - ' .171 `‘. .,1 ..t(, i..i...:: ../1. . - . . Ylkil ' .: ; • ..;i• • . . . • , : I's:0 • ••-.. '......, , I .. 'i 1 I • f% \ - - V./e/ 9 f oc( ,1,1 0 : : ,#,NlifilA •::,,,, , t : ,..,... - Li i ! ::::,: . :,. .: i \--:.\ 44: . 4 .' '' 0, ..".?4 i s$# 0 ' ' •• t i%I f:: tr' F.11 • f • 1 ta3t(t i 4 i *I 74.4 I 1: t.;■ • j,•-•• •-• ■••• I p_ii 1 ‘k., : ,•, . ,..• ,..,. 11. I 1 / I A 1 7 1 14 I ••"'"!:-.77.'s ' • • " ' • . • , '. *,s. i /1(‘3 Adams Outdoor Advertising, Inc. Conditional Use Permit & Variance I wienK A ,\ ). I� 1 Q. t t4W,;Wtl .r /z 4 ' �,� v c) ck • /(v c) (.� • 4/ • '_N c — -- - ..• Diffle Road i .», 1.L .. . ___ ________B...,...�» ! 1 , i • P ■1 1 • \/ /le Q P C L .^ /•5" propose fgn V. 7 020 sn III OP o1I-oY I I 4 , 1 cr II — �`'i'Cr,.sti.. •I �t!' `o'tt •' .. North * `�, .. , .. • .: ." I- .. . I ,.11S II"— • ril $13.,..S• LO d, a nN .. 0 L I A •, .�. ..d /4/171 t SITE PLAN • Location: 10-02900-041-01 Diff ley Road • i Proposer Sign i / 0 300' 41) • North • /15/Adams Outdoor Advertising Inc. Adams Outdoor Advertising.Inc. • SIGN SIZE • - 36' • • .106 378 sq. ft. 1 1 1 , 1 1 1 I ' 1 J l 1 1 1 1 ± 1111 1 1 1 1 1 ROUGH SAWN CEDAR 40' • -SINGLE STEEL COLUMN • GRADE /4 • EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 22, 1991 CONDITIONAL USE PERMIT ADAMS OUTDOOR ADVERTISING Chairman Graves opened the next public hearing of the evening regarding a Conditional Use Permit for an outdoor advertising sign • and a Variance to allow more than 250 sq. ft. located on Parcel 041-01 along the east side of I-35E south of Diffley Road in the NE 1/4 of Section 29. City Planner Sturm stated that this application meets the City Code spacing requirements. John Bodger, a representative of Adams Outdoor Advertising, stated that this application is the same type of application that the ' City approved in the past. Member Miller stated that the location of this sign is better than the location in the previous application, yet it still is not harmonious with the surrounding land uses. He opposes this application. • Member Hoeft raised his concern regarding the wording of condition 12 . He would like to see the word "sold" used instead of the word "developed". He questioned whether in the future it would be understood what they meant by the word "developed". Mr. Hoeft wanted it noted to the City Council that if they consider any of these applications that they consider having a "sunset provision" put in. He was concerned that the property would never be developed and the sign would become permanent. Member Miller agreed with Member Hoeft. • Merkley moved, Voracek seconded, the motion to deny the Conditional Use Permit for an outdoor advertising sign and a Variance to allow more than 250 sq. ft. located on Parcel 041-01 along the east side of I-35E south of Diffley Road in the NE 1/4 of Section 29, for the following reasons: 1. Is detrimental to the general welfare of the neighborhood. 2. Is not compatible in appearance with the existing or intended character of the general vicinity 3. Will change the essential character of the general area 4. Will not be harmonious with surrounding area 5. Aesthetically not pleasing 6. Distraction to traffic on 35E • All present voted in favor. / Chairman Graves wanted the following items noted to the City Council: 1. He recommends that the City Council take a look at using a "sunset" provision if it grants these applications. 411 2. That condition #2 should state "sold or developed" instead of only "develop". 3. He strongly recommends that if it grants the Conditional Use Permit, that they not grant the variance. 4. He believes that the City Council should again review the sign ordinance. Requests will continue to come in and this issue needs to be looked at. 411 • • lam' Agenda Information Memo November 7, 1991 City Council Meeting • CONDITIONAL USE PERMIT/VARIANCE/ADAMS OUTDOOR ADVERTISING (I-35E AT FEDERAL DRIVE) H. Conditional Use Permit, Adams Outdoor Advertising, and a Variance to Allow More Than 250 Square Feet Located on Outlot A of the Rasmussen College Campus Addition Along the West Side of I-35E, East of Federal Drive in the NE Quarter of Section 16—This is the third of four outdoor advertising sign applications heard by the Advisory Planning Commission at its meeting of October 22. For additional information with regard to this item, please refer to the Community Development Department's staff report which is enc1 d on pages /5V through /� for your review.. Enclosed in pages J. 7 through / s�are copies of correspondence from Robert Nemitz of Rasmussen Business College indicating reasons for opposing the application. Also, enclosed on page /40 is a copy of the APC minutes with respect to this item. The APC is recommending denial of the application. Also, enclosed on page /4( is a copy of Commission recommendations relative to all four applications for consideration by the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve, or deny, an application for a Conditional Use Permit for Adams Outdoor Advertising for an outdoor advertising sign and a Variance to allow more than 250 square feet located on Outlot A of the Rasmussen College Campus Addition along the west side of I-35E, east of Federal Drive, in the NE quarter of Section 16, as presented. • / f -� SUBJECT: CONDITIONAL USE PERMIT VARIANCE • APPLICANT: ADAMS OUTDOOR ADVERTISING LOCATION: OUTLOT A, RASMUSSEN COLLEGE CAMPUS EXISTING ZONING: LB (LIMITED BUSINESS) DATE OF PUBLIC HEARING: OCTOBER 22, 1991 DATE OF REPORT: OCTOBER 15, 1991. COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow an advertising sign to be located on Outlot A, Rasmussen College Campus. A Variance to exceed the 250-square-foot-maximum sign size has also been requested. - LOCATION: The property is located adjacent to I-35E on the west, south of Rasmussen Business College, and east of Federal Drive and Royal Oak Apartments. COMMENTS: The applicant is requesting a 378 square foot sign, an increase of 128 square feet to the City Code requirement of 250 square feet. The applicant has informed staff that the 10' 5" x 36' (378 square feet) size painted bulletin is the industry standard and used throughout the metro area and limited access highways so the sign panels can be interchanged between sign locations. The proposed sign is 40 feet in height, meeting the Code requirement. The proposed sign will be located 20 feet from I-35E, 20 feet from the south property line, 175 feet from the north property line, and 200 feet from the west property line—Federal Drive. The nearest residential property is 450 feet from the sign; Code requires a minimum of 200 feet. The nearest advertising sign is located approximately 1 mile from this proposal. The proposed site is currently unimproved and for sale. As the property is sold and developed, the signs would be removed and are therefore temporary in nature. If approved, this Conditional Use Permit shall be subject to the following conditions: 1. The Conditional Use Permit and the Council Resolution shall be recorded with the Dakota County Recorder within 60 days. 2. When Outlot A is sold, this sign shall be removed. 3. A sign permit shall be obtained and a fee of $2.50 per square foot shall be required. 4. The Variance of 128 square feet shall be approved. FINANCIAL OBLIGATION - 16-CU-20-10.91 - ADAMS OUTDOOR ADVERTISING Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amomt Water Availibility C/I $2,420/Acre 4.6 A $11,132 Trunk Storm Sewer C/I $017 s.f. 140,250 s.£ 2.384 Total $13,516 This financial obligation is not considered a condition of the issuance of the conditional use permit. It is supplied for informational purposes. • i / ■ Adams Outdoor Advertising C.U.P. /AAA JU �/ iilUFF 7„-' . • VP mom 'V 114-0,474 ti og- 1:".8 I 4 7.,rtpei'tt FEM ' o+ ., :_; i 1 N NW' d auBuC WORKS '- !mop._ © �� Street Map _A _, .,,NE LAZE 7 : �• A may_ "� )T d v E NG�E - ~ Q 5/- *CAN A ROAD r. 7 A ;:,3,k .4 fir i ati i..:.- G RAEr c� .i.yc d' Zoning Map ;t, N� _ • ...!.'.'.R..-.-747.ca.r ° 1� t.., �:( c .thillin .% - ,,. .n'-= ~..t-1 A. - ref `' i a� • , .Comp Guide Plan Map .. : Ili, • . y / 't 0 III Ire ; I Fuh \`' ' /5'2 Adams Outdoor Advertising C.U.P & Variance • fGHIANDS i RD 0 R_ ; 1R4 PD r-4 8 a tol 0- P ACH WAN G8 ` i i�•FOX ^K . EDGE rti A1E_N • , :S-1.17FTET Blii$ATtN • 1 . ., , -.. P : i. A f� ... 1� .‘,..•i "m7 CSC` i p, .. t:eAt. ...x t - roposed ..'Rt y f,.1 LB .N ' .. i� 4.3 i r:.nF . ._.:.. . -;l: Sign" R-4 j i - anon r . ! R_2 1 Location Hfr ,r 1 PD ir ::'• 41 1 4 411 : .ii II": I id'1.:14::.:i''_7,, ."..,,- -' '.1,1*\ i . a.ea , . • > ,: •--t •• 4,, ,1 -s,;(,„ Ill, , • , , vi- --:: . i i 4 EV, .. 1 .., ••.,••\,, -,:.•,..frc,, I! ,,... ...} , . . A t fa • i i ! i:.• -,K I-1k, , .:....,4..livk 4 ' t : - , 1, ► C�.� .:. i ' Aii .., I i' Trott 1..'•tea P ,, • ., ',, _ ` _r t.. `� -*c ! TY • ,iMN a /63 Adams Outdoor Advertising, Inc.Conditional Use Permit & Variance . ---; fir AgE:;.it •1:1 , --.7.:,...n.---: -- 7.1 ,----:--,:. :=7 ±-e,o-,,;,)11 • . -. .- -• 4.... 1 .1 Ell :� nit ! - -- ' • .t- P4 c; � �t�'IIL , AJ Ai i to /,; •p . '• • . 11T1 • rig- VF, •11:1 . .. ,.• „.% . ..• I A .:.... i V • "i "11/4' . ' is Oa: w..� _• lt B� p i t • 4 Q' it 341/ .-.17.—.1?frir - -j • .e. .., . J 0 ' ' 1 If•ti. ,, .,!.' 4'. I i = sY t( I '..: • ® • • _ I f Ali��i i ';.. .. . `� 111 , i� a ..^c. •ww--sw�.... —el, _r� .. .u• :c. •ter ..._. . I., ,.t ' i Rassmussen Business Col : - 4� ' OAK i • i t • __!) ! , ....11.1-171 waltlt V �' $ hI.O('1 :• . � I S. Ii)%;Mlll:.•:t N • (-ki S:It^ .•• 11• ins t t GI U/11111'1/5 0. • • ntnn�i(xt i,,A o Propose sign _• fit' t (' ; _ ill• '. -'k .t)\ / �j_� t 4`, • I . • V' / I.t,Nt) I . i 4 - • .0* - • ) ..... „... 00./1/17. ,;, 40. il.' 0'0' I ii / I . .8,• . . • , 4, t , • s -- I :... N rem, i. 2 i 1 • ... ( • . V i • •It) ,•• '�\ North < i • `e , i Ili III • ' / c1 • SITE PLAN Location: Outlot A, Rassmussen College Campus • a, Outlot A •i t4 • -200' •� (d 13 • a) 20' a) i / i' • North Adams Outdoor Advertising Inc. • Adams Outdoor Advertising.Inc. SIGN SIZE 36' • • i 10'6" 378 sq. ft. 11 11111 + 111 [ SAWN CEDAR 40' • -SINGLE STEEL COLUMN • GRADE, S /5' Rasmussen Business Colleges Rasmussen • Business Colleges • 0 F�NFSIRACI E 12450 Wayzata Blvd. October 22, 1991 Suite 2(11 Minnetonka 55343 �1/1 FAX 612/545-8939 Planning Advisory Commission 57 City of Eagan Eagan, Minnesota 11\1\N Ladies and GentlemenI wish to object to the nder all circumstances. Our campus has set a standard for that neighborhood. The neighboring buildings have even painted their brick buildings to conform to that standard and are the better for it. We consider this kind of highway signage the beginning of the end of a classy location. • If you would like a comparison, I would invite you to our Minnetonka campus across from Ridgedale on 394. We are buried in a conglomeration of signage. Attached is a page of the appraisal of our building there that shows a deduction of$60,000 in the value of the building because of an adjoining Naegle sign. Sincerely, RASMUSSEN BUSINESS COLLEGES 4r" Robert W. Nemitz President • RWN/jr • • Attachment • / 7 .. .y Distinguished Two-year Colleges of Business,Court Reporting,Travel,Hospitality and Fashion. 1Y`.VY+� •?rte. YV— �� --�- ----�- Direct Capitalization Technique The overall rate is a direct ratio or percentage between the net operating income and the value or sale price. This technique aisply capitalizes the net income generated by the real estate into an estimate - • of value. The overall capitalization rate represents an interest return on the investment and a return of the capital investment. The buyer may assume no depreciation over the period of ownership and possibly appreciation during periods of inflation. Consideration. can also be given to 'tax shelters' due to depreciation deductions on taxes. These actors can result in overall capitalisation rates lower than current mortgage rates. The selection of this overall rate comes primarily from the market. After evaluating the resources in our office and other comparable market data, it is our opinion that the overall capitalization rate for the subject real estate would be approximately 10 percent. . • Net Income / Capitalization late IF Estimated Market Value *360,500 10% *3,605,000 i Say, *3,600,000 The use factors explained in the market approach are considered in this approach. Estimated Market Value *3,600,000 • Less: Elevator ($ 135,000) Loss of Visibility due to Kaegle sign ($ 60,000) Loss of Rent due to Construction ($ 00,00000) Parking Limitations Loss of Rent due to Lack of Windows t3 78,000) in Lower Level Market Value of Subject *3,014,000 • kip O SnEne:pn-CaoOa uno GyvU . i n c. Page 45 • "'-- -- --- -- -----:-=..--..-- - ���.. :.-. .-----.- -- — -. Rasmussen Business Colleges Rasmussen Business Colleges OFFICE 12450 Wayzata Bivd. Sinn ot October 28, 1991 Minnetonka,MN 55343 612/545-4058 FAX 612/545-8939 Mr. Jim Sturm, City Planner City of Eagan Eagan, MN 55122 Enclosed is our letter to the Planning Advisory Commission that sums up our opposition to all such signs in Eagan. I consider it insidious that a sign company's plan is to apply for a "temporary" location subject to a future land owner's discretion on an investment of some $50,000 per sign. It would seem to me to be a method to acquire permanence through future renegotiation once in place. A lot of future land owners could be seduced by the $3,000 a month • income these signs can produce and not concern themselves with the esthetics of the community or the less than visible negative impacts on their own property. Sincerely, RASMUSSEN BUSINESS COLLEGES Robert W. Nemitz President • RWN/jr Enclosure • • .'.. Distinguished Two-year Colleges of Business,Court Reporting,Travel,Hospitality and Fashion. EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 22, 1991 CONDITIONAL USE PERMIT/VARIANCE ADAMS OUTDOOR ADVERTISING Chairman Graves opened the next public hearing of the evening regarding a Conditional Use Permit for an outdoor advertising sign and a Variance to allow more than 250 sq. ft. located on Outlot A of the Rasmussen College Campus Addition along the west side of I-35E east of Federal Drive in the NE 1/4 of Section 16. City Planner Sturm stated that this application meets City Code spacing requirements. John Bodger, a representative of Adams Outdoor Advertising, stated that on this application they do not require the sign to be 40 feet in height. A height of 20 feet would be adequate. Bob Nimitz, a representative of Rasmussen Business College, stated that they are opposed to this application. He felt that it would change the character of the area. Mr. Nimitz further stated that they have another business college located in Minnetonka, where signage has been erected close to the college. They had an appraisal done that showed that the estimated market value of the building was diminished by $60,000 because of the signage. Mr. Nimitz further stated that the group that erected the billboard by their Minnetonka college bought the property, obtained a permanent easement, erected the sign, and then sold the property. Now the sign will be there forever. Member Miller feels that this part of 35E is one of the nicest stretches of freeway in the area and he would not like to see a billboard erected there. Miller moved, Merkley seconded, a motion to deny a Conditional Use Permit for an outdoor advertising sign and a Variance to allow more than 250 sq. ft. located on Outlot Aof the Rasmussen College Campus Addition along the west side of I-35E east of Federal Drive in the NE 1/4 of Section 16, for the following reasons: 1. Is detrimental to the general welfare of the neighborhood. 2. Is not compatible in appearance with the existing or intended character of the general vicinity 3. Will change the essential character of the general area 4. Will not be harmonious with surrounding area 5. Aesthetically not pleasing 6. Distraction to traffic on 35E All present voted in favor. /‘6 Chairman Graves wanted the following items noted to the City Council: 1. He recommends that the City Council take a look at using a "sunset" provision if it grants these applications. 2. That condition f2 should state "sold or developed" instead of only "develop". 3. He strongly recommends that if it grants the Conditional Use Permit, that they not grant the variance. 4. He believes that the City Council should again review the sign ordinance. Requests will continue to come in and this issue needs to be looked at. /6/ Agenda Information Memo November 7, 1991 City Council Meeting CONDITIONAL USE PERMIT/VARIANCE/ADAMS OUTDOOR ADVERTISING, (I-35E AND LEXINGTON AVENUE) I. Conditional Use Permit, 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 SE Quarter of Section 3—This is the fourth of four applications for outdoor advertising signs considered by the Advisory Planning Commission at its October 22, 1991 meeting. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages /,‘3 through Also, enclosed on page _/79 is a copy of correspondence from Opus Corporation in ting opposition to the application. Also, enclosed on page /7/ is a copy of the minutes of the APC meeting in this regard. The APC is recommending denial of the application. Finally, enclosed on page /7fis a copy of the portion of the APC minutes relative to all four of the outdoor advertising sign applications considered at the October meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve, or deny,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 SE quarter of Section 3, as presented. • SUBJECT: CONDITIONAL USE PERMIT VARIANCE APPLICANT: ADAMS OUTDOOR ADVERTISING • • LOCATION: 2875 LEXINGTON AVENUE P.I.D. #10-00300-020-76 EXISTING ZONING: I-1 (LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: OCTOBER 22, 1991 DATE OF REPORT: OCTOBER 15, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow an advertising sign and a Variance of 128 square feet to the maximum sign size of 250 square feet. LOCATION: The proposed site is located east of I-35E, west of Lexington Avenue, north of Knox Lumber Company, and south of Agriculturally-zoned property. COMMENTS: The applicant, Adams Outdoor Advertising, is requesting a 378 square foot io advertising sign, 128 square feet over the 250-square-foot maximum City requirement. The reason the applicant is requesting the Variance is that 378 square feet (10' 5" x 36') is the industry standard. The sign is 40 feet, on a single steel column, meeting the maximum height Code. The proposed billboard sign will be located 20 feet from the west property line, 10 feet from the north property line, and 400 feet from the east lot line. The sign meets all setback requirements and location with respect to other signs. The property is currently for sale and as the property is sold and developed, the signs would be removed and therefore are temporary. If approved, this Conditional Use Permit shall be subject to the following conditions: 1. The Conditional Use Permit and Council Resolution shall be recorded with the Dakota County Recorder within 60 days. 2. When Parcel 10-00300-020-76 is sold, the sign shall be removed. 3. A sign permit shall be obtained and a fee of $2.50 per square foot shall be required. 4. The Variance of 128 square feet shall be approved. • 5. All other City Code requirements shall be applicable. /�3 • FINANCIAL OBLIGATION - 3-CU-20-10-91 - ADAMS OUTDOOR ADVERTISING Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amoumt None S— Total $ 0 • i /' Adams Outdoor Advertising C.U.P. ----- \ \'\\:- s`J I • .........,....4./ ' c r NW � A �N — .9�" /A N k �S tr ee t M ap A < � ;., Q_ s f rLfX/NGT. ,' i Z $W PARK 'Fp� � n „ NO i 4 -w O V OAK /AI (Co R/ I. 7■‘, AIN/ ! 44....N ' - -- Ili .. Ma I', ;_NNW Zoning p JILI _I s •EAGANOA %11 Iam- OAK 110 I i ,,i.,,,,,Alt, i. ;. 1-2_;_y_! _rai =F p i Comp Guide Plan Map . ., -f ! g P 4 . ,. , ,.. •. i ,,,,,te. • . , ,...= II - • r6.5 Adams Outdoor Advertising C.U.P & Variance • A • tiIJ. \, / / �_ ..-1.• T 494 \ V.-..-4 i '.--; / ' E A G A N DIA LE t- • ! A �[.?11: c'M : Orrlitt 1 • ! I- i- 7 .. - ' .-. ...•.,4 —,. ■ c ‘ ,�; 4 '',PD r '4.4) I rwJ fir• �1 • • ` ..- tn. I • 1 Proposed pAHK PIP. Sign 1111 Locat�o , ".. . ..N -• . L , _ 1, l >fiS T P_A L. PA P a . P A. e '! / i.JNE OAK ROAD . NB P. GB, • .firs • fi fr." / - - Pt> . . ) .A ' its . , , A E A Wel*t: :— -t . A4tAY +:. • . I .. M 't, 'J S POSTAL .. L 1{ ; o SERv1CF ' " f • L .1 /'4 Adams Outdoor Advertising, Inc. Conditional Use Permit & Variance • . _ .7 ..,. • •• t '11 / . + , PLAINVIEW•, .. \. •, f• • » . I I• ; I 1 1 07 (ZJ 1 • 1 ._i__._ ._ _.!_ ! .._ la_ 1 __ . . , • IttNNt 111.." - 'IP . .1 1 . I . • 1 • {5,...c:P. \I.1 • I • i • . /, tffT ti r . . f • . I 040 t g f ![•1111e! 'Intl 1 A ,II • •i• f / Propose sign _ » .. • j • i(.+00. 11 1E VI t T ' s -r-- SO. �-• a 1 *. .. • .• . • 'Q ° Q �; V • • c 12. , . • • • 1 % •. t: . • I • I 9 41,6\A CA4 •.. I : r /�� ' f KNOX Lumber I 0c\ t 1.1. \f1 \ e r I IV_ C3 4. /I p `•1 tl r '\ \\\\1,,0 ' T 1 t 111 M 1.•x'1' , ! 7 ' J P I,f II. .:' 1 --- �� I P • •.• •• t110 3' . . 7 . 1 Ili. . i . • .. 1 .. : ,,,,,..„ L- --- --- --y'u ni •• ... -f • • ...te, it •r. COrM . • r !• �j/N _iv /‘ 7 North Adams Outdoor Advertising.Inc. SITE PLAN Location: 2875 Lexington Ave. / I . / /00 /t / / / 1 Proposed Sign a, / 475' °) ; • / / 0 / N J / KNOX Lumber • `4. S North Adams Outdoor Advertising.Inc. • SIGN SIZE • 36' • • 10'6" 378 sq. ft. 1 11 11 I III I + I I I t 1 111 11 I I I I I I I I ROUGH SAWN CEDAR 40' SINGLE STEEL COLUMN . GRADE • • mow F 10.22.1991 14:04 P. 2 FROM OPUS CORPORATION • OPUS CORPORATION •(ESIGNERS•CON I HACTORS•DEVEI OPCitS • 800 Optrs Center 990n Mailing Address Oren Roud Fast Hox 150 Minnetonka.Mlnnesote 55943 Mnrneepolre•Minnesota 55440 18121036.4444 fox(5121936.4529 October 22, 1991 • Mr. Jim Sturm City Planner city of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Adams Outdoor Advertising's Application for an Outdoor Advertising Billboard Dear Jim: • We understand that Adams Outdoor Advertising has an application in front of the Planning Commission for tonight's meeting for an outdoor advertising sign on the Schindle Decker property on the east side of Interstate 35E, south of its intersection with 1-494. Additionally, we understand that the sign would be 40 feet tall end 378 square feet in area and would require a variance as an additional approval, being larger than the ordinance specified 250 square feet. • Opus Corporation, as the developing arm of !agendale Center Industrial Park, the largest industrial park in the Twin Cities, has gone on record in the pant of opposing billboards within the vicinity of our industrial park. We believe that billboards create a dimunition of property value as well as a change in the character of freeway views into our industrial park. We are again opposed to outdoor advertising signs. The stretch of I-35E through Eagan is one of the few pristine interstate . corridors left in the Twin Cities area. It appears refreshing to us to drive that section of tow„ without visual clutter. We would ask that the Planning Commission deny the application from the Adams Outdoor Advertising Company for this billboard. Sincerely, • OP S CORPORA ION Marc S. Anderson Director Real Estate Development MSA/kf • Affiliated Companies:Opus U.S.Corporation,Opux Architects and Engineers.Inc..Opus Nutt Corporation,Onus South Cnrpnration.Opus Roathwext Corpoiunnn, Normandale Aopenies Inc.Opus Propel lies Inc. Chicago•M,Iwxrkee•Minneapolis• 11tes,•Tampa P '�,,t J-Pho.mc•Sun Ihego•Srattie /70 EAGAN ADVISORY PLANNING COMMISSION MINUTES OCTOBER 22, 191 CONDITIONAL USE PERMIT/VARIANCE ADAMS OUTDOOR ADVERTISING Chairman Graves opened the next public hearing of the evening regarding a Conditional Use Permit for an outdoor advertising sign and a Variance to allow more than 250 sq. ft. located on Parcel 020-76 along the east side of I-35E west of Lexington Avenue in the SE 1/4 of Section 3. City Planner Jim Sturm stated that a written objection to this application had been received from Opus. City Code spacing requirements have been met. John Bodger, a representative of Adams Outdoor Advertising, stated that this application is compatible with the surrounding community and is right under the flight path. He showed the Commission pictures of the site and the proposed sign. A representative of Knox Lumber stated that they are opposed to this application. Member Miller stated that he is sensitive to Knox Lumber's objection, but that he could support this application. There is already visible signage in this area. Member Voracek stated that the Knox Lumber sign is visible, but not obtrusive like the proposed billboard would be, and that it identifies a business located on that site. He opposed this application. Trygg moved, Hoeft seconded, a motion to deny a Conditional Use Permit for an outdoor advertising sign and a Variance to allow more than 250 sq. ft. located on Parcel 020-76 along the east side of I-35E west of Lexington Avenue in the SE 1/4 of Section 3, for the following reasons: 1. Is detrimental to the general welfare of the neighborhood. 2. Is not compatible in appearance with the existing or intended character of the general vicinity 3. Will change the essential character of the general area 4. Will not be harmonious with surrounding area 5. Aesthetically not pleasing 6. Distraction to traffic on 35E Voracek, Merkley, Trygg and Hoeft voted in favor, Graves and Miller voted against. Approved 4-2. • N/ Chairman Graves wanted the following items noted to the City Council: 1. He recommends that the City Council take a look at using a "sunset" provision if it grants these applications. 2. That condition #2 should state "sold or developed" instead of only "develop". 3. He strongly recommends that if it grants the Conditional Use Permit, that they not grant the variance. 4. He believes that the City Council should again review the sign ordinance. Requests will continue to come in and this issue needs to be looked at. • /71 MEMO TO: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS FROM: CRAIG E. KNUDSEN DATE: NOVEMBER 23, 1988 SUBJECT: PATRICK ADDITION - SILT FENCE - INSTALLATION The purpose of this memo is to address several issues identified in the November 10, 1988 letter from John Parranto. One of his major concerns seems to be with how long he is responsible for property developed by J.E. Parranto and Associates, Inc. I brought to his attention Paragraph 23, Binding Agreement, to let him know the responsibility does not end with the sale of individual lots. The Developer also has responsibilities associated with previous paragraphs of the Agreement and is expected to make provisions to fulfill items such as Paragraph 5, Developer, Improvements, 5C-Grading/Drainage Plan and Easements, 5E-Boulevard and Area Restoration, 5M-Erosion Control, etc. Furthermore, the area claimed to be private property is actually an easement along Hay Lake and apparently City Council or Planning Commission must have had a concern since it is specifically identified as a condition in Exhibit "B" in the Development Contract. Also, the builder referred to in the letter is Timberon Construction (Steve Parranto) . The stockpile of excess material on Lot 8 is not on the approved grading plan and does need to be contained by silt fence if it is not removed . Excessive erosion has not resulted from the pile, but can be attributed to drought since we did not experience excessive rainfall although we are always subject to such conditions which would create a problem. Attached to this memo is supporting documentation justifying the actions taken by SWCD and myself. Included is correspondence, relevant pages of the Development Contract, the approved grading and erosion control plan which is also the plan referred to in the Development Agreement, and a letter from Sigma Surveying Services, Inc. , identifying the erosion control methods intended for Patrick Addition. In summary, J.E. Parranto Assoc. , Inc. should be held responsible as agreed for all costs associated with the silt fence installation. This recommendation is based on unfulfilled developer responsibilities, failure to comply with numerous SWCD and City requests for corrective action, failure to comply with the Development Contract and failure to follow through with the commitment identified in the letter dated August 3, 1988 from Sigma Surveying Services, Inc. C E. Knu sen Engineering Technician CEK/j f r 1, its LLi : city of engan 3830 PILOT KNOB ROAD, P.O BOX 21199 VIC ELLISON EAGAN,MINNESOTA 55121 Mayor PHONE (612)454-8100 THOMAS EGAN DAVID K GUSTAFSON November 28, 1988 THEODOREw CHHTTER Councu Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE MR JOHN M PARRANTO City Clerk J E PARRANTO ASSOCIATES INC 3908 CEDARVALE DRIVE EAGAN MN 55122 Re: Patrick Addition - Erosion Control Compliance Dear John: On November 15, I received your letter dated November 10 stating your concerns and objections regarding the costs incurred by the City of Eagan to install proper erosion control measures within the above-referenced addition. I then asked Craig Knudsen, Engineering Technician, to research this development and provide me with background information regarding this issue. Enclosed you will find a memo of response from Craig which includes a response from the Dakota County Soil & Water Conservation District regarding your most recent letter. Also enclosed is a significant history of correspondence dealing with your failure to comply with the erosion/sediment control plan that was submitted and approved with the Development Agreement for this development. This extensive documentation seems to illustrate a continual problem of achieving compliance from the developer to approved plans, specifications and schedules. Even your written commitment in your letter of January 12 to have the seeding of the site completed "at the first available opportunity in the spring of 1988" was not complied with. It appears that only after significant written requests and formal notice of noncompliance was the site seeding and restoration completed well after the summer construction season had passed. Most recently, formal notification to perform additional erosion and sediment control through the installation of silt fencing was ignored. Your contention that the fence was not necessary around the base of the stockpile located on Lot 8 is irrelevant and not within the prerogative of the developer to determine where or when it is needed. Also, it is not the City ' s intention to wait until erosion problems occur to determine where mitiative measures are necessary. THE LONE OAK TREE. . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY p !s • MR JOHN PARRANTO NOVEMBER 28, 1988 PAGE 2 Also, the temporary stockpile is not in conformance with any approved grading plan for this development. Had it been indicated on a grading plan, we would have required a date to be established within the Development Agreement as to when this stockpile would be removed. Therefore, we are requesting that you provide that information in a written letter commiting as to when this temporary stockpile will be removed and the approved grading plan formally complied with. Due to the winter suspension of work activities, we would expect this to be accomplished no later than June 1, 1989. If this material is to be respread over any of the established lots within the Patrick Addition, proper vegetation restoration must be completed within 15 days or June 15, 1989, whichever is earlier. In regards to your liability to maintain these erosion control measures after property has been transferred, Paragraph M "Erosion Control", on page 9 of the Developer 's Agreement, clearly states that the developer shall be responsible "until all lots are developed and improvements are completed". I do not interpret this to mean "that the Developer ' s Agreement remains, in effect, essentially forever" . I am disappointed that such a small subdivision has resulted in such extensive noncompliance with the original Development Agreement and related grading/erosion control plan. Adequate notice has been given to the developer numerous times requesting compliance with obvious inadequate response on behalf of the developer. Therefore, this letter is to inform you that I fully support the position and efforts of the personnel assigned by the City of Eagan to ensure compliance with mutually agreed to development agreements. It will be your discretion whether you decide to directly reimburse the City for the costs incurred or let the City file against the Letter of Credit. If the latter occurs, this action will be taken into consideration in determining future requirements for developments handled by Delta Development, Inc. Therefore, your prompt attention to these immediate concerns and future responsibilities will be greatly appreciated by the City of Eagan. 24.-, Sincerel , ..;-4..v_.-1,4„.4,41,0 i_..10 44 Thomas A. Colbert, P.E. Director of Public Works TAC/jj cc: Craig Knudsen, Engineering Technician Mike Foertsch, Assistant City Engineer Enclosure E__,f 3e �t city of ecigcin 3830 PILOT KNOB ROAD,P.O. BOX 21199 VIC ELLISON EAGAN,MINNESOTA 55121 Mayor PHONE:(612)454-8100 THOMAS EGAN DAVID K.GUSTAFSON PAMELA McCREA THEODORE WACHTER Council Members DECEMBER 1, 1988 THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Cierk JOHN PARRANTO J.E. PARRANTO ASSOCIATES, INC. 12940 HARRIET AVE. SO. BURNSVILLE, MN. 55337 RE: Patrick Addition - Final Notice for Payment Dear John: As you are aware, Invoice No. 2996 was due November 30, 1988 for Patrick Addition erosion control costs. Please consider this letter final notice requesting payment in full by December 9, 1988. If payment has not been received by this date, the City will proceed to draw against Irrevocable Letter of Credit No. 1103 from Dovers First American Bank of So. St. Paul. Sincerely, '.----X :-...." , raig E. Knudsen _ Engineering Technician . cc: A.G. Goldberg CEK/jf THE LONE OAK TREE.. .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY II ��_I i II Atht city of Cagan_ 3830 PILOT KNOB ROAD.P.O.BOX 21199 MC Eller EAGAN,MINNESOTA 55121 MO+a' PHONE:(612)454-8100 THOMAS EGAN DAVID K GUSTAFSON PAMELA McCREA April 6, 1989 1HEODORE WACHTER _ Councl Members 1HOMAS HEDGES O Admrisna-ar John Parranto EUGENE VAN OVERBEKE 12940 Harriet Ave. , City c Suite 250 Burnsville, Mn. 55337 RE: PATRICK ADDITION, STAFFORD PLACE Erosion Control/Street Cleaning Dear Developer: Due to erosion associated with the construction of Patrick Addition and Stafford Place, the City will be hiring a contractor to scrape and sweep the streets shortly after April 14, 1989. All costs plus overhead will be the responsibility of the Developer unless these roads are cleaned prior to this date. Please be aware the erosion does wash into downstream storm sewers and ponds and until the City accepts this project for perpetual maintenance, the responsibility for maintaining and cleaning is that of the Developers. Therefore, please consider this letter formal notification and future notice may not be provided prior to the City cleaning roadway within Patrick Addition and Stafford Place. Please contact me at 454-8100 if you have any questions or are able to clean the roads prior to April 14, 1989. .--//1 Sincerely, j( 77.-1. '''`.1-401 -1- Craig E. Knudsen Engineering Technician cc: Arnie Erhart CEK/jf THE LONE OAK TREE. . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 1 .:1") (_citpoFczcicjcrn 3630 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122-1847 Mayor PHONE (612)454-8100 DAVID K GUSTAFSON FAX (612)454-5363 PAMELA WCREA TIM PAWLENTY THEODORE WACHTER Council Members August 22 , 1990 THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk MARK PARRANTO J.E. PARRANTO & ASSOC. 3914 CEDARVALE DR. cEnrrammitaL EAGAN, MN. 55122 RE: Patrick Addition - Project Compliance/Final Acceptance Dear Mark: Pursuant to our phone conversation last week, I have reviewed the status of Patrick Addition. As a result the City remains concerned with compliance to the grading and erosion control plan. The stockpile of material on Lot 8, Block 1 needs to be removed and restored. In addition, several areas are washing out and eroding due to lack of topsoil and vegetation. Therefore, the City is requesting all disturbed areas be restored in compliance with the approved grading plan on file with the City. Four inches of topsoil needs to be spread and reseeded. Silt fence will need to be placed 5 ' behind the curb at the bottom of all slopes subject to erosion. According to the City Finance Department, J.E. Parranto and Assoc. have a negative balance of $1, 155. 64 in the Developer's Escrow. I have enclosed a copy of the current project activity detail sheet which must be paid as soon as possible. Please be aware this project is well beyond the completion date. In order to insure this project is completed during this construction season, the City is requiring all items be completed by September 26, 1990. Failure to be in compliance will be considered a default by the Developer and the City will hire a contractor to complete this project with all costs to be covered by proceeds from the financial guarantee. Please contact me at 454-8100 if you have any questions. S ' • - - ly your , IP-ig . Knudsen Engineering Technician CEK/jf THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer • 1! (ti � ! L. / / �' city of ecigcin. 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122-1897 Mayo( PHONE:(612)454-8100 DAVID K.GUSTAFSON FAX:(612)454-8363 PAMELA SEA TIM PAWLENTY THEODORE WACHTER September 26, 1990 Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk MARK PARRANTO J.E. PARRANTO & ASSOC. 3914 CEDARVALE DRIVE EAGAN, MN. 55122 RE: Patrick Addition - Project Compliance Dear Mark: In my August 22 , 1990 letter, the City requested compliance of the grading plan for the Patrick Addition. As of today, this project remains incomplete. Therefore, please be aware the City will be hiring a contractor to complete this project as proposed. Furthermore, the City is requesting that you attend the October 2, 1990 City Council meeting to discuss this project. Si - - a ors Craig E. Knudsen Engineering Technician • cc: Thomas A. Colbert, Director of Public Works CEK/jf THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer PJ.E. rran o . .ssociates Commercial and Industrial Realtors Appraisals Real Estate Development November 5, 1990 Mr. Tholt s Colbert City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Patrick Addition Fill Dear Mr. Colbert: We have arranged for most of the fill to be removed from the site as per your instructions. The fill is being trucked off site by Scherff Excavating. They will be working on the site over the next week or two. We have also agreed to supply fill for Brad Swenson's development located on the northwest corner of Wilderness Run Road and Dodd Road. We expect that Mr. Swenson will remove the rest of the fill sometime in the next two to three weeks. We will anticipate leaving the site in good, shaped condition. If the weather permits, we will complete the seeding and restoration of the site yet this fall. However, if the weather deteriorates significantly, and the pile has not been removed, then we expect to complete the job in the spring of 1991. All of the above is in accordance with our phone conversations regarding this site. Should you have anv questions, please feel free to call. Sincerely, o . Ma . Par anto MSP/sah 3914 Cedarvale Drive • Eagan,Minnesota 55122 • 6124544600 I lh "a city of eagan 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122-1897 r''15y0f PHONE:(612)454-8100 DAVID K.GUSTAFSON FAX:(612)454-8363 • PAMELA WC:REA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES CERTIFIED MAIL City Administrator EUGENE VAN OVERBEKE August 5, 1991 City Clerk MR MARK PARRANTO JE PARRANTO & ASSOCIATES 3914 CEDARVALE DR EAGAN MN 55122 Re: Patrick Addition - Project Compliance Dear Mr. Parranto: Approximately one year ago, the enclosed letters informed you that the Patrick Addition has not complied with the City approved grading, drainage and erosion control plan. You were requested to have this work completed by September 26, 1990, after which time the City would proceed with completing the work under the default clause of the development agreement and recover all costs through the financial security. Subsequent to those letters, you had contacted me requesting a 6-9 month extension to allow you adequate time to find an available contractor and a disposal site for the excess material then needed to be removed to achieve compliance. A recent inspection has found very little progress in achieving compliance with your development plan even with this most recent extension. With the Development Contract Agreement stating a completion date of August 15, 1988, this remaining work is long overdue. Recent phone calls to your office to inquire the status of this work have not been returned. In order to be ensured that this work is completed by the September 21 cut off for seed establishment to ensure proper and adequate restoration, it is necessary for you to have this work completed by September 1, 1991. If it is not completed by that time, the City will have to hire a contractor to complete this project with all costs to be covered through the liquidation of the financial security letter of credit and current funds in the escrow account. This September 1 deadline is necessary to allow the City adequate time to perform the work by the September 21 time table. THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer F Page 2 The City and neighboring property owners are very interested in having this development completed in accordance with the City approved plans and specifications and contract agreements. It would be appreciated if you would respond to this letter informing us of your intent and schedules so that the City can provide the appropriate inspection services or plan on performing this work through the default clause. Sincerely, Thomas A. Colbert, P.E. Director of Public Works TAC/jj cc: Mayor & City Councilmembers Tom Hedges, City Administrator Craig Knudsen, Engineering Tech Enclosure MEMO N REGARDS TO YOUR RECENT MEMO: sco' .i•VP PAR RANTO 'i,cz-u40 ASSOCIATES inc. � Lg II Mr. Tom Colbert, Public Works Director August 12, 1991 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Patrick Addition Dear Mr. Colbert: The stockpile referred to you in your letter of August 5, 1991 is currently being removed by Stark Excavating. It is being moved to a fill site elsewhere in the city of Eagan. Over the last year, we have been attempting to remove the remainder of the stockpile to sites requiring fill rather than merely dumping the dirt in an unwanted storage area. We will monitor the progress, and we believe the entire stockpile will be removed prior to September 1, 1991. You should review with your staff the log of phone calls made to our office with the appropriate staff member. You are hereby advised that no phone calls were made to this office by any City of Eagan personnel regarding this subdivision or any other subdivision within the last few weeks. In fact, we have not heard from anyone on the city staff regarding the Patrick Addition since fall of 1990. Either they are mistaken or you are; in either case, you should be more careful with accusations made in letters delivered by certified mail, especially those letters copied to the Mayor and City Council members. Regarding the final paragraph of your letter, it is my understanding that there are no inspection services required on the part of the City while the stockpile is being removed. All, 4Sincerely, if, 6,14.4...4,,,,r-- M r S. P. ranto MSP/sah cc: The Honorable Thomas Egan, Mayor Mr. David K. Gustafson Ms. Pamela McCrea Mr. Tim Pawlenty Mr. Theodore Wachter Mr. Tom Hedges, City Administrator Mr. Craig Knudsen, Engineering Technician Real Estate Appraisal Consultants 612 454 1600 FAX. 612 454 8943 3914 Cedarvale Drive Eagan, MN 55122 c r [ 11 �— III _city of Cagan _ 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122-1897 Mayor PHONE:(612)454-8100 - DAVID K GUSTAFSON FAX (619)454.8363 PAMELA McCREA TIM PAWLEN1Y THEODORE WACHTER Council Members THOMAS HEDGES City Adminstrator EUGENE VAN OVERBEKE August 19, 1991 Cle • MR MARK S PARRANTO PARRANTO ASSOCIATES INC 3914 CEDARVALE DRIVE EAGAN MN 55122 • Re: Patrick Addition Dear Mr. Parranto: I appreciate your letter of August 12 responding to my previous letter of August 5 regarding the schedule for compliance with the grading plan for the above-referenced subdivision. I also enjoyed your humorous attachment to that response. The City is pleased to hear that the stockpile will be removed and the area restored in accordance with City approved plans and specifications by September 1, 1991. In regards to communication with your office, it was not my staff but I who placed a phone call to your office requesting the status of this overdue work. A message was left with your receptionist/secretary requesting a return call referencing the Patrick Addition. In this regard, I am not mistaken. Without a response, I felt it became necessary to correspond to provide the documentation that sometimes becomes necessary in trying to achieve compliance with development obligations. I don't believe I made any accusations in my letter of August 5. Rather, I thought I identified the facts of the situation requesting a response and a timetable. Evidently, the written correspondence provided the response that the phone call could not. THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Page 2 In regards to the final paragraph of your letter, there should be an understanding that inspection services will be performed to ensure final compliance with the development agreement as it pertains to this and any other uncompleted items. All time spent performing inspection and management services (correspondence, phone calls, meetings, etc. ) will be charged against the escrow account in accordance with the escrow agreement for this development. Thank you for your willingness to proceed with the completion of this development's obligations in a timely manner. Sincerely, Thomas A. Colbert, P.E. Director of Public Works TAC/jj cc: Thomas L. Hedges, City Administrator Craig Knudsen, Engineering Technician IL _city of ecigcin 3830 PILOT KNOB ROAD TF.K)MAS EGAN EAGAN, MINNESOTA 55122.1897 Mayor PHONE: (612)454-8100 DAVID K GUSTAFSON FAX:(612)454-8363 PAMELA McCRE'°` TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE September 18, 1991 city Clerk MR MARK S PARRANTO PARRANTO ASSOCIATES INC 3914 CEDARVALE DRIVE EAGAN MN 55122 Re: Patrick Addition - Noncompliance with Development Agreement Dear Mr. Parranto: By way of a letter dated August 5, you were informed of the current noncompliance of the Patrick Addition as it pertains to the grading, drainage and restoration requirements of the Development Contract Agreement which had a completion date of August 15, 1988. That letter had requested that the remaining work be completed in accordance with the original plans and contract documents no later than September 1, 1991. On August 12, you responded that "the entire stockpile will be removed prior to September 1, 1991". On August 19, I responded acknowledging your schedule and your intent of compliance. On September 3 , an inspection was made of the site which revealed that while work had begun, there was no active work in progress and no construction equipment on the site. After the City Council meeting of September 3, I spoke with you in the lobby inquiring as to your current intentions due to the fact that the September 1 deadline had expired. You responded indicating that you were currently out for bids and hoped to reactivate the work in the near future. You also agreed to inform me when the contractor had been selected through your bid solicitation process. On this date, a reinspection was performed of the site to find no progress from September 3. In addition, we have not had any communications from your office regarding a revised schedule. THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer AL Page 2 In light of the recent communications, the City is unsure of what your intentions are to fulfill your contractual obligations regarding this development which are now three years past the deadline. I would appreciate a written response regarding your intentions and a schedule to resolve this noncompliance issue so that the City can help ensure that this development is properly completed. Sincerely, Thomas A. Colbert, P. .j'cp� Director of Public Works TAC/jj cc: Thomas L. Hedges, City Administrator Craig Knudsen, Engineering Technician PARRANTO ASSOCIATES inc. HAND DELIVERED September 26, 1991 Mr. Thomas Colbert, Public Works Director City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Patrick Addition Final Grading Dear Mr. Colbert: We have retained Weierke Trenching to move the remains of the dirt stockpile located on Lot 8 of the Patrick Addition. This should be done shortly. The dirt will be moved northerly across the street and deposited in the low areas of Lot 1 which was previously used as a sedimentation basin during the construction. We will leave a graded noise berm similar to the berm on the edge of Lot 1 across the street. All of this is in accordance with conversations that have already taken place with your engineering staff. Should you have any questions, please feel free to call. Sincerely, Mark, n ..u�.. S. Parrart^. MSP/sah Real Estate Appraisal Consultants 612 454 1600 FAX. 612 454 8943 3914 Cedarvale Drive Eagan, MN 55122 , ._ ,, „......., ,,,,... ..,,. 411 _city of ecgan 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 PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES October 3, 1991 City Admin6trator EUGENE VAN OVERBEKE ON,Clerk MR MARK S PARRANTO PARRANTO & ASSOCIATES INC . 3914 CEDARVALE DR EAGAN MN 55122 Re: Patrick Addition - Final Grading & Restoration Schedule Dear Mr. Parranto: I have received your letter of September 26 informing me that you have contracted with Weierke Trenching to complete the grading within the Patrick Addition. In contacting Mr. Weierke to determine his schedule, it was learned that he will not be able to perform this work for at least several weeks. Also, when I asked what his schedule was for soil stabilization and vegetation restoration, he indicated that was not part of his contract with you. Therefore, we would appreciate it if you inform us as to your schedule to perform this restoration work. I am including a copy of the soil stabilization specifications originally submitted and approved with your development agreement which should be used in your solicitation of contractual services to perform this work. Due to the fact that you are unable to complete this soil stabilization/seeding before the previously agreed upon date of September 27, it will be necessary to perform dormant seeding. Also enclosed is a copy of a memo dated October 14, 1987, from the Dakota County Soil & Water Conservation District addressing the requirements associated with dormant seeding. Also, you indicated in your letter of September 26 an intention to modify the approved development grading plan for Lot 8 to provide a noise berm along the western edge adjacent to Dodd Road. Please THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Page 2 be informed that this berm should not result in any fill being placed within dedicated public right-of-way and the slope should not exceed a 3 : 1 slope at any location. Enclosed is a copy of the grading and erosion control plan that was approved with the development agreement for this subdivision. We hope that the enclosed information will assist you in completing the obligations of this development. To help us monitor compliance, it is requested that you respond in writing with a calendar schedule for the completion of both the grading, erosion control and soil stabilization activities including the name of the firm you have selected to perform the seeding. If you have any questions, please contact me. Otherwise, a written response will be appreciated if received by October 18. Sincerely, 0/0&11"---- omas A. Colbert, P.E. Director of Public Works TAC/jj Enclosures cc: Thomas L. Hedges, City Administrator Craig Knudsen, Engineering Tech t h' - - • , ' _ city of eagan_ THOMAS EGAN 3830 PILOT KNOB ROAD Maya EAGAN, MINNESOTA 55122-1897 DAVID K GUSTAFSON PHONE (612)454-8100 pA SEA FAX (612)454-8363 TIM PAWLENTY CERTIFIED MAIL THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk October 31, 1991 MR MARK S PARRANTO PARRANTO & ASSOCIATES INC 3914 CEDARVALE DRIVE EAGAN MN 55122 Re: Patrick Addition Erosion Control & Restoration Schedule Dear Mr. Parranto: On October 3 , I forwarded the enclosed letter to your attention providing specifications for performing the necessary erosion control and restoration associated with the compliance of the final grading to the development's approved grading, drainage, erosion control and restoration plan. Per that letter, I had requested that you inform me of your schedule as well as the name of the contractor who would be performing this erosion control/restoration, work. As of this date, I have not received any communications from you regarding this matter. Most recently, on October 31, the City received the enclosed notice from the bank providing the financial security of this development indicating its intent not to renew the financial security on the annual renewal date of November 13, 1991. Due to the fact that the City is not in a position to release the financial security at this time due to the remaining uncompleted work, we request that you take the appropriate measures to ensure that this financial security will be renewed. THE LONE OAK TREE..THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer xt s Page 2 If we do not receive written assurance of renewal of this financial security by November 6, the City will have to implement whatever action is necessary to ensure that this financial security remains accessible to the City. Your prompt attention to this matter will be greatly appreciated. Sincerely, L/77--flr-1-"° /144" Thomas A. Colbert, P.E. Director of Public Works TAC/jj cc: Thomas L. Hedges, City Administrator Jim Sheldon, City Attorney Enclosure _l___II-. ,! ....II.., ry:..1, 1. � i, ��um _ city of aagan , 3830 PILOT KNOB ROAD THOmA5 EGAN EAGAN, MINNESOTA 55122-1897 DAVID K G PHONE (612)454-8100 PAMELA GUSTAFSON TAFS FAX (612)454-8363 TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City Administrate EUGENE VAN OVERBEKE City Clerk October 31, 1991 MR STEVE W MEADS VICE PRESIDENT FIRST AMERICAN BANK METRO • (FORMERLY DROVERS FIRST AMERICAN BANK) 633 SOUTH CONCORD ST S ST PAUL MN 55075-2434 Re: Patrick Addition . Irrevocable Letter of Credit $1103 Dear Mr. Meads: . On October 31, we received a letter from you indicating that your bank does not intend to extend the above-referenced Letter of Credit after November 13, 1991. This is based on your understanding that this financial security is no longer required. The City of Eagan has been trying to work with the developer of this subdivision to achieve final compliance with the development agreement requirements guaranteed by this Letter of Credit. As of this date, the City cannot state that this development has complied with its requirements. Subsequently, this Letter of Credit still needs to remain in full force and effect until released in writing by the City of Eagan. Furthermore, this Irrevocable Letter of Credit $1103 as issued by the Drovers First American Bank of South St. Paul (copy enclosed) indicates that you have agreed that this Letter of Credit shall pot expire unless released by the City of Eagan, or the City has received notice at least 60 days prior to the expiration date that you will not be extending this Letter of Credit. • • THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer RECEVED OCT 3 1 f991 wa BREMER First American Bank Metro Member Bremer Financial Corporation Eagan Inver Grove Heights Roseville South St.Paul 1995 RahnCliff Court 6800 Cahill Avenue East 1715 W.County Road B2 633 So.Concord Street Eagan,MN 55122-3371 Inver Grove Heights,MN 55076-2029 Roseville,MN 55113-3087 South St. Paul,MN 55075-2434 (612)452-2265 (612)451-8581 (612)633-4097 (612)451.6822 FAX(612)452-2265 FAX(612)451-8581 FAX(612)636-9203 FAX(612)457-9093 October 30, 1991 Mr. Craig E. Knudsen Engineering Technician City of Eagan P.O. Box 21199 Eagan, MN 55121 Re: Irrevocable Letter of Credit #1103 (Patrick Addition) Dear Mr. Knudsen: First American Bank Metro, formerly known as Drovers First American Bank, hereby gives notice that it does not plan on extending Letter of Credit #1103 for $6 ,780 . 00 after the expiration date of November 13, 1991 . It is the bank ' s understanding that this Letter of Credit arising from the Patrick Addition, Lots 1 through 8, Block 1, is no longer required. Sincerely, Steve W. Meads Vice President 451-6822 SWM/ef cc : Alan G. Goldberg IRREVOCABLE LETTER OF CREDIT NO. 1103 City Clerk City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: PATRICK ADDITION We hereby authorize you to draw on Drovers First American Bank of South St. Paul , Minnesota, for the account of Goldberg Bonding Company, Inc. , Minneapolis, Minnesota, Sixty Two Thousand Two Hundred Eighty Dollars and 00/100ths ($62,280.00 ) available by your draft at sight. All drafts drawn must be marked "drawn under Letter of Credit No. tins dated November 13, 1987." Bills of exchange must be presented to our Collection Department at South St. Paul , Minnesota. The purpose of ,this Letter of Credit is to act as a guaranty Eagan that the terms of that certain Development ContractbetweenhParrantof City Associates, Inc. (developer) and the City of Eagan, dated are fulfilled in their entirety and in the event of the failure of the developer to do so, then the City of Eagan may draw against this Letter of Credit to fulfill said terms. We agree that this Letter of Credit shall expire no sooner than November 13, 1988, unless sooner released by the City of Eagan, but in the event that the terms of the above-mentioned contract are not fulfilled, this Letter of Credit shall be automatically extended at its expiration date on an annual basis unless at least sixty (60) days prior date we have notified the City Clerk by certified mail to to extend this Letter of Credit. Notice of noncompliance of any of the terms of this Letter of Credit will be sent to the City Clerk, City of Eagan, 3830 Pilot Knob Road, Eagan, Minnesota, 55122. We hereby agree with the drawers, endorsers and bona fide holders of drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored on due presentation to the drawee. DROVERS FIRST AMERICAN BANK OF SOUTH ST. PAUL BY: --41111, r Its: G /4 STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT Case Type: Special Assessment Appeal Anthony Caponi, Court File #C2-90-7171 Appellant, v. STIPULATION AND ORDER. FOR JUDGMENT City of Eagan, A Municipal Corporation, Respondent. WHEREAS, Appellant Anthony Caponi owns property legally described as SW 1/4 of SE 1/4 of SE 1/4, Section 22 , Township 27; Range 23 , Eagan, Dakota County, Minnesota, PID No. 10-02200-010-80 and SE 1/4 of SW 1/4 of SE 1/4 of Section 22, Township 27 , Range 23 , Eagan, Dakota County, Minnesota, PID No. 10-02200-010-84 ("Subject Properties") ; and WHEREAS, the Subject Properties were assessed by Respondent City of Eagan ("City") on September 19, 1988, each for the sum of $16, 552 . 00 for trunk area storm sewer improvement through Public Improvement Project No. 473 ; and WHEREAS, Appellant brought an action in District Court appealing the sum of the assessments, known as Anthony Caponi v. City of Eagan, Court File No. C2-90-7171; and WHEREAS, the above-referenced action was consolidated with Thomas D. Bergin, et al v. City of Eagan, Court File No. C0-90-7315 and Thomas J. Rooney v. City of Eagan, Court File No. C9-90-7314 pursuant to the Court's Order of July 20, 1990; and Page 2/STIPULATION AND SETTLEMENT AGREEMENT - Eagan/Caponi WHEREAS, the parties have resolved the assessment dispute. NOW, THEREFORE, the parties do hereby enter into the following: 1. The trunk area storm sewer assessment for the property identified as PID No. 10-02200-010-80 in the sum of $16, 552 . 00 shall be dismissed by the City. 2 . The trunk area storm sewer assessment against the property PID No. 10-02200-010-84 in the sum of $16, 552 . 00 shall be dismissed by the City. 3 . If and when the parcel PID No. 10-02200-010-80 shall be connected to the City storm sewer system, the City shall collect connection fees pursuant to the Eagan City Code. 4 . If and when parcel PID No. 10-02200-010-84 is connected to the City storm sewer system, the City shall collect connection fees pursuant to the Eagan City Code. 5. Appellant agrees that this Agreement shall bind all his heirs, successors, assigns and agents. 6. The City shall direct the Dakota County Treasurer to remove the assessments from Appellant's real estate tax statements. VIISTIPULATION AND SETTLEMENT AGREEMENT - Eagan/Caponi 7 . Following execution of this Stipulation, the parties agree this action, Court File No. C2-90-7171 shall be dismissed with prejudice. CITY OF EAGAN Dated: By: Thomas A. Egan Its: Mayor Dated: ,9(, �, 36'— /99/ By: E.J. VanOverbeke Its: City Clerk Dated: / , Y 199/ An • . . �. . n1 APPROVED AS TO FORM: 4/14-1/( 74 4,9/1-044"-- City Attorney's Office Dated: 2,. 5e,Af /21 /99/ APPROVED AS TO CONTENT: -0 ,,/7 (1/444-- Piblic Works Department Dated: //-S- q/ ORDER FOR JUDGMENT The attached Stipulation constitutes the order of this Court. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: By: Judge of District Court Page 4/STIPULATION AND SETTLEMENT AGREEMENT - Eagan/Caponi I certify that the above Order constitutes the Judgment of the Court. JUDGMENT ENTERED AND FILED THIS DAY OF , 1991. (SEAL) BY THE COURT ROGER W. .SAMES DISTRICT COURT ADMINISTRATOR Deputy ?c\ VI MINUTES OF A':REGULAR MEE'T'ING OF THE EAG T:. CITY COUNC:I + Eag i:,...MinnesOt* A regular meeting of the Eagan City Council was held on Tuesday, October 15, 1991, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea, and Pawlenty. Also present were City Administrator..Redges.,, Director of Parks & Recreation Ken Vraa, Director :0t:Wbllc:;::Works Tom Colbert, Community Development Director Dale Runkle, City pla33ner Jim Sturm, and City Attorney Jim Sheldon. City Administrator Hedges'advised the' City Council that there was no change in the agenda, however, Old Business, Items B and C, could possibly be continued for an indefinite period of time. Pawlenty moved, Wachter seconded, a motion to approve the agenda for the October 15, 1991, reg 4 r. City Council meeting. Aye: 5 Nay: 0• Councilmember Pawlenty recommended...tet�ollowing change to the minutes of the October 1, 1991, ..r. . 'ular::.City Council meeting: Page 9, Paragraph 3, Sentence 2, strike the name "McCrea". Mayor Egan recommended the following change: Page 7, the title should state "Waiver of Plat/Layne & Shirley Anderson" . Wachter moved, Pawlenty seconded:,.:: a mot, on to approve the minutes for the October 1, 199.1, regular Ci :y:: CounGl meeting as amended. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS SAFETY CAMP RECOGNITION City Administrator Hedges stated that :Vle first ever Safety Camp, which was held August 5 through August 7, .:1:991, was a huge success. Plaques were presented to the eleven major•:contributors of this camp' • as a token of the City's appri of&t.' bfl ?r:;:;their assistance. • J Page 2/EAGAN CITY COUNCIL MIMES OCTOBER 15, 1991 • • RECOGNITION OF RETIRING FIRE FIGHTERS City Administrator Hedges mentioned that volunteer fire fighter -y Bill mblade would also be retirin a of October 15, 1991. He is - retiring a 20 1/2 years ot: ZSrvicte :::-c'h ? f Southern commended the seven retirees for their many years:::o; ••service to the City. Mayor Egan presented each of the seven individuals with a Certificate of Appreciation. Mayor Egan stated tha their retirement is a great loss to the City of Eagan. C NSENT AC#E DA Councilmember Wachter noted that he believed Item G would be a benefit to the community and was a good idea. A. Personnel Items 1. It was recommended that' coritrac :ing with Paul Bedney and . Cory Dunkrik as score keeping off:icialg:Iiir the adult basketball league be approved. 2. The City Council was wasAWitided that because of a vacancy, it was necessary for City Administrator Hedges to approve the hiring of Jamie Marusich as a seasonal forestry tech. B. Deferment, Senior Citizen Special Assessment - Wigley It was recommended that::: W:san citizen deferment for Mr. and Mrs. Lawrence Wigley at 245Qk :iiieA ad be approved. C. Appointment of City RepreseitatiVeto Metropolitan Council's Airport Reuse Committee, It was recommended that Jon Hoheristein and Dale Runkle be • appointed as the regular and alternate members respectively of the Metropolitan Council's Airport Reuse Committee on behalf of the City of Eagan. D. Resolution of Assessment Avveal. Ptoject 566 (Coventry Pass Trunk Utilities - PerTor}) . • It was recommended tht'' ieteec3ii ion adopting a Settlement agreement to the assessment appeal for Project 566 (Coventry Pass Trunk Utilities - Perron) and authorize thte;:Mayor and City Clerk to Execute all related documents be approved:`'':': Page 3/EAGAN CITY COUNCIL MINUTES OCTOBER 15, 1991 E. Contract 91-07, Authorize' : 41'•Payment (1991 Sealcoating) It was recommended that the final payment for Contract 91-07 (1991 Sealcoating) in the amount of $8,062.52 to Allied Blacktopping, Inc. and accept the improvemenbj.ect.,.to.,:.appropriate warranty conditions be approved. F. Consideration of Consent toShow Easements in Torrens Certificate, Lot 1. Block Oak °Chase 3rd Addition It was recommended to ap rOve: 'thirequest and authorize the Mayor and staff to execute the consent document to permit appropriate easements to be shown in a legal description of the subject property as presented. G. Authorization to Eliminate Local Board of Review It was recommended to::::approve a resolution eliminating the local board of review for the City. :of::: agan and to permit all activities previously undertaken ;by the'btard of review to be transferred to the County Board o: Equal3a' ion and County staff. Gustafson moved, Pawlenty:::seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 City Administrator Hedges requested that the agenda be amended to include a brief executive session. Pawlenty moved, McCrea seedil d:f::::0::::mot :on to amend the agenda to include the executive sessionSye :5:<::: T :e::0 • PUBLIC BEARINGS:.: VACATE UTILITY EASEMENT L2 ''El, UW. SYS PARK 2ND ADDN. Mayor Egan opened the first public hearing to vacate the utility easement (Lot2, Block 1, Unisys Park 2nd Addition) . Pawlenty moved, Wachter seconded, a mgt4on to close the public hearing and approve vacation of the utility:::,easement over Lot 2, Block 1, Unisys Park 2nd Additiion,.:and authorize the Mayor and City Clerk to execute all related ;documents ::::: re 5 Nay: 0 • • Page 4/EAGAN CITY COUNCIL MINUTES OCTOBER 15, 1991 FINAL ASSESSMENT HEkR117G''••(LEXINGTON AVENUE) Mayor Egan opened the next public hearing regarding the final assessment roll for Project 531 (Lexington Avenue - Streets and Utilities) . Director of Public.::Works.:Co.1bert stated that at the neighborhood meeting on October:::#;{:::;:3;99:1he: main concern was that the multi-family homeowners pay an assessment while the single-family homeowners do not. He also mentione1 'that :' he City has received 3 written objections to this assessment from::::patrick McCarthy, Robert Miller of the Lexington Condominuuin. Boarind Margie Wirth. Robert Miller explained that he wa'snbt disagreeing that he should be assessed, however, he feels that the single-family property owners south of him should be assessed. The single-family owners use the same sidewalks, sewer, access, etc. as the multi-family owners do. City Attorney Sheldon respoeed.::to Mayor Egan's question regarding whether this assessment•'•is discriminatory by saying that the City has always uniformly applied this..policy and feels that the City is not being discriminatory;; It .teas:::discussed that the multi-family units in the area a 'e:::zoned''I2-4, but if the density is lower it may lower the assesst::tto' the multi-family owners. Mary Higgins addressed her concerns about the assessment. McCrea moved, Wachter seconded, a motion to close the public hearing and approve the final assessment roll for Project 531 (Lexington Avenue - Streets &.:.Vt:i:ii ; *s: :::;:and authorize its certification to Dakota County } N1&y 0 FINAL ASSESSMENT HEARING (STERNS ADDITION) Mayor Egan opened the next publi' hear; g regarding the final assessment roll for Project 561 (Sterns Addition - Streets & Utilities) . Director of Public Works Colbert related that an agreement had been reached between I.S.D. 1196, James Development, and the Sterns group, regarding the assessment allocation. They are requesting the City to modify the assessment roll. City staff is comfortable with modifying the assessment4Pll. Mr. Colbert also mentioned that an objection letter..was received by trudi • Johnson-Richards. Rosemary Sterns informed the City Council of the history of the property and stated that she is not fighting the assessment, however, she is requesting deferment until she selis' her property. City Page 5/EAGAN CITY COUNCIL MINU 'ES OCTOBER 15, 1991 Attorney Sheldon stated that the C tii-Council must levy first and then defer the assessment. He felt the issues would be resolved by the next City Council it meeting. truth Johnson-Richards wanted it on record that she objects to this assessment. Wachter moved, Pawlenty sacrtridei {:::a : iiat on to close the public hearing and approve "modified" final:4ssessment roll per the agreement for Project 561, Sterns Addition''- Street and Utilities, with future direction to negotiate :4th the::Sterns group regarding possible deferments. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING EFFRESS ADDITION Mayor Egan opened the next. public hearing regarding the final assessment roll for Project 5 ; Agffress Addition-Storm Sewer) . McCrea moved, Wachter seconded,'��a:.: lotion to close the public hearing and approve the final assessment4.o l for Project 567R (Effress Addition - Storm Sewer) ::end:.;:authorze its certification to Dakota County. PROJECT' 621, MANOR LAKE 4TH Mayor Egan opened the next public hearing regarding Project 621 (Manor Lake 4th Addition - Streets & Utilities) . Mark Hanson (BRAA representative) discussed the..report,they..submitted to the City on September 11, 1991, regarding pzosed: :street and utility improvements. Director of Publ'icWorks Ccrliert stated that the Ray Connelly appraisal pointed out thatiOe improvements would not be a benefit to the property south of Manor Lake.:::Development. Therefore the developer will be responsible fog those::::assessments. City Attorney Sheldon stated that he spoke with Bob Middlemist and Mr. Middlemist is not satisfied that the property south of the development will not benefit from the improvements. McCrea moved, Wachter seconded, a motif i'i to close the public hearing and approve Project 621 (Manor Lakth Addition - Streets & Utilities) , following recommendations:.:by::::staff regarding their negotiations with Mr. Middlem g : :::Ay* ::::S::A44y: 0 Page 6/EAGAN CITY COUNCIL MINUTES OCTOBER 15, 1991 PROJECT 619, SAMEEHORN ADDITION Mayor Egan opened the last public hearing regarding Project 619 (Saddlehorn Addition - Streetlights) . Director of Public Works Colbert stated that five streeta:ight ;:;:Are:;:gx°oposed to be installed at a total cost of $4,200.00, whidhA4601d4i6A4stalled by Dakota . Electric Association. Over 50% of the neigh orhood residents were in favor of the streetlights. Councilmember Pawlenty mentioned that he spoke with one of the neighbors, JiiiiIngrgi4 who did not like the proposed placement of the street4g0 ..;:: A resident from the neighborhood stated that the streetlights were not a benefit to everyone as all of the streetlights were in one half of the neighborhood. He felt that if they do implement the streetlights, he would like to see more of them. Director of Public Works Colbert felt the proposed streetlights were adequate, but that an additional light could be :otirsidered. McCrea moved, Wachter seconded;' e:4ot :on to continue this matter until the November 7, 1991, regu :ar City'.,Council meeting so that the neighborhood residents could be updated:.:.a d?renoticed. Aye. 5 Nay: 0 ::OI D BUSINESS OUTSIDE STORAGE ORDINANCE AMENDMENT Mayor Egan introduced this item regarding an amendment of Eagan City Code Chapter 11. City Administrator Hedges informed the City Council that if this item is ;approved :4b fl Items B and C should be continued as the applications 'w'culd'iot oorrform to the new ordinance. Community Development Director Runkie: discussed the background of this ordinance and proposed changes;:::::: The manager of the Yankee Square'Amoc4::Jim Avery, raised his concern that if a Conditional Use Permit is required to have outside storage, it will cost him time and money. It would also involve costly remodeling. Councilmember McCrea questioned how the City would be able to enforce this ordinance and felt that some items must be stored outside. Councilmember Pawlenty st#t?ed he is not in favor of banning outside storage, however, restrict&Qns are needed. Councilmember Gustafson commentd;:;tk�at; .e.:.did not agree with the language of the proposed orditfe::2iCeeO the main issue is aesthetics. Mayor Egan stated that he feels the pOtp.osed ordinance is better than nothing at all and likes the case by case basis on which the outside storage would be allowed. He stated he is satisfied with the process but not necessarily the language. ..... ... Page 7/EAGAN CITY COUNCIL MINUTES OCTOBER 15, 1991 Tim Wandzel, a representative of'Toin Thumb, raised his concerns with the language of the proposed ordinance. He would like clarification on whether or not the City of Eagan wants outside storage. Kara Blosbow stated that the City should survey citizens regarding this issue. Councilmember Pawlenty proposed : • suggested list of changes to the ordinance. Pawlenty moved, Gustafson:.;s 3ed;..:a: motion to continue indefinitely so staff can revipawlerit :Es suggestions. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/OUTDOOR STORAGE/ TOM THUMB STORES Wachter moves, Gustafson seGo�nded, a motion to continue indefinitely. Aye: 5 Nay: 0 CONDITIONAL USE FE'RMIT/OUTDOOR STORAGE/ TOM T# •JM$;:•:FROA ' Gustafson moves, Wachter ended, a motion to continue indefinitely. Aye: 5 Nay: 0 NEW BUSINESS WAIVER REQUEST/PARK SHELTER FEES/ Mayor Egan introduced this itemegard pg a waiver of the park shelter fee for Trapp Farm Park shelter fo ;::Tiger Scout Pack #452. Mayor Egan felt that because of the::.0 gative precedent and the large number of future potential waiver regiuests::the fee should not be waived. Wachter moved, Egan seconded, a motion to deny a waiver of the park shelter fee for Trapp Farm Park shelter for Tiger Scout Pack #452. Aye: 5 Nay: 0 CLEAN WATER•.•. ART#ERSI31 .-.PROGRAM GRA1 :;: ;TA01 $ Mayor Egan introduced this item regarding a resolution authorizing a Clean Water Partnership Prod;*m Grant application for Fish and Blackhawk Lakes. Rich Brasch, Water Resource Coordinator, explained the application and the budget process. Page 8/EAGAN CITY COUNCIL MINUTES OCTOBER 15, 1991 • • Wachter moved, Gustafson secoricte'd;'"a motion to approve a resolution authorizing a Clean Water Partnership Program Grant application for Fish and Blackhawk Lakes. Aye: 5 Nay: 0 CONSIDERATION::S NG :•:PANIL;Y MORTGAGE REVENUE:AWpr IN { $}NDS Mayor Egan introduced this item' regardfrig a resolution authorizing the execution of a jointpowersagreement approving the issuance of a joint powers agreemenrapproving the issuance by the Dakota County Housing and RedeVe,loipment authority of its $6,450,000 single family mortgage revenue refunding' bonds. Mark Ulfers, Executive Director of HRA, informed the City Council that this was basically a housing affordability program. He discussed the options available to the City and stated that he felt that after the initial 10 - 18 months most of the funds would be depleted. Mr. Ulfers mentioned that legislature relent y passed a regulation that- monies for the first 10 months must 'be::: sed::..for existing homes. Gustafson moved, Wachter seconded, 'a'''motion to approve the resolution authorizing the execut:ion..:.o: ::::a4oint powers agreement approving the issuance of a joint:40*e,rs' agreement, approving the issuance by the Dakota County.:: fusing and Redevelopment authority of its $6,450,000 single family mortgage revenue refunding bonds with all monies to be used within the City and the first 10 - 18 months to be restricted to existing construction. Aye: 5 Nay: 0 BOY SCOUT TROOP 1345/ Mayor Egan introduced this item:::regarding an application for a special use permit for Boy Scout Troop #34..t for Christmas tree sales. Gustafson moved, McCrea seconded;'' a 11o4on to approve an application for a special use permit for Boy Scout Troop #345 for Christmas tree sales. Aye: 5 Nay: 0 BOY SCOUT TROOP 1510/ CHRISTMAS TREE 441.4p Mayor Egan introduced this;;itva.:.rearcl.74ng an application for a special use permit for Boy St::'04p40:1 :: for Christmas tree sales. McCrea moved, Wachter seconded, a motif to approve an application for a special use permit for Boy Scout Troop #510 for Christmas tree sales. Aye: 5 Nay: 0 Page 9/EAGAN CITY COUNCIL MINUTES OCTOBER 15, 1991 PRELIMINARY pt,ATe.-EXTENSION/ HELLER ADDITION Mayor Egan introduced this item regarding an extension of the preliminary plat for Heller Addi' : :::th 'oug4: October 16, 1992. Community Development Director:::RRuic7:e:::comm ted that the only issue was whether the developer will agree::to was his right to object to the assessments associated with this:.projeet'. Phillip Heller stated that:;#e:::.c f'd obj}eet to waiving this right and felt that this request wae:.4.1iiiemelyWifair. City Attorney Sheldon stated that if the preliminary plat was extended it could possibly hurt the City's case in the pending litigation against Mr. Heller. Mayor Egan called for a motion..and no motion was made. PRELIMINARY 1PL r TENSION/ SS MARTHA OD MARY'ADDITION Mayor Egan introduced this..:iteiii4egarding the preliminary plat extension for SS Martha and Mr. ddition through December 20, 1992. City Administrator Hedges requested that this item be continued until the November 7, 1991, regular City Council meeting to review water drainage issues. Pawlenty moved, McCrea seconded.,.�a motion to continue until the November 7, 1991, regular City:: ouric ::m ee' ng. Aye: 5 Nay: 0 PRELIMINARY PLAT/WESCOTT SQUARE 2ND ADDITION Mayor Egan introduced this item egard ���i i�g a preliminary plat for Wescott Square 2nd Addition. Community Development Director Runkle mentioned that the road configuration is the same, however, lot lines have changed and subsequently there is a reduction of two lots. A representative of the applicant stated he was available for questions. Gustafson moved, Wachter .eeconded.t..:,a...3fQtion to approve a preliminary plat for Wescott : Are::: i4:44:t ition. Aye: 5 Nay: 0 • Page 10/EAGAN CITY COUNCIL MIIP ES OCTOBER 15, 1991 ADDITIONAL ITEMS CONT. 91-12, APPROVE PLANS/ AUTHORIZE AD FOR BIDS Gustaf son moved, Pawlenty a and r:': a 'm tion to approve the detailed plans and specifications frrr: Contract 91-12 (Manor Lake 4th Addition - Streets and Utilities) and authorize the advertisement for a bid opening to be held at 11:00 eft.. on ;t :iday, November 15, 1991. Aye: 5 Nay: 0 APPROVE RESOLUTION ON-STREET PARKING YANKEE DRIVE Director of Public Works .Colbert discussed the background of this application and requested that4e..proposed signs also state: "No Parking Anytime on Curve". Gustafson moved, Wachter seconded, a'..motion to approve a resolution restricting parking on::YankeCve to include no parking on the curve. Aye: 5 Nay: 0 MISCELLANEOUS ITEMS CHECKLIST Wachter moved, Gustafson seconded.,..a motion to approve a checklist dated September 30;:::;1:9:91 :::::#cfl the.::amount of $1,273,565.17, and a checklist dated October''IS;''�I iii:::the amount of $755,411.12. Aye: 5 Nay: 0 ADJOURNMENT/EX UTIVESSION The City Council adjourned the regular meeting to an executive session to consider attorney/client privileged information at 11:30 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges, Director of Public Works Colbert, and City Attorney Ssldon. The executive session was adjourned at approximately 1240 a.m. -.''cITx OF EAGAN E.J. VanOverbeke, City Clerk