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10/01/1991 - City Council Regular AGENDA REGULAR MEETING • EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING OCTOBER 1, 1991 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. POLICE DEPARTMENT 1. Special Hunting Permit, Dale E. Huber, SW 1/4 of Section 11 P, 3 2. Special Hunting Permit, Jeffrey Adelmann, SE 1/4 of Section 10 (� IV. 6:55 - CONSENT AGENDA (PINK) e. (O A. PERSONNEL ITEMS 10, (.o B. RESOLUTION for Re-Issuance of Lost Bond Certificate C. RESOLUTION for Default of Conditional Use Permit for Lembke Trucking I 3 D. RECEIVE Assessment Roll/Order Public Hearing, Delinquent Bills • (E. LICENSE, On-Sale Liquor, West Jersey Associates, Inc. , Potential Buyers for Richards I; • 1 Food & Liquor, 4185 South Robert Trail �( F. ELECTION Judges for City Election, November 5, 1991 , Ig G. CONTRACT 91-08, Approve Change Order #1 (Wilderness Run Rd) lq H. APPROVE Resolution Requesting MnDOT Speed Study (Blackhawk Road - TH13 to Diffley Rd) •22... ( I. ADJUSTMENTS, 1991 General Fund Budget • 25.1. REQUEST to Dakota County Regarding Safety Concerns on Cliff Road/Holland Lake V. 7:00 - PUBLIC HEARINGS (SALMON) .'' � VACATE Drainage & Utility Easements, Lots 7, 8, and 9, Block 5, Bur Oak Hills 2nd V:1 Addition ,,�I B. VACATE Utility Easement, Lot 2, Block 1, Unisys Park 2nd Addition .VC. PROJECT 597, Final Assessment Hearing, Hills of Stonebridge 3rd Addition - Trunk Storm / Sewer • 3, D. PROJECT 583, Final Assessment Hearing, Park Center Addition - Streets & Utilities r •11E. PROJECT 585, Final Assessment Hearing, West Publishing 3rd Addition - Trunk Storm Sewer �( F. PROJECT 588, Final Assessment Hearing, Silver Bell Apartments - Watermain Looping /�'�3 G. PROJECT 533, Final Assessment Hearing, Diffley Road - Streets & Utilities.. , F. ,, . c_c . © J.. a,k 1.z • VI. OLD BUSINESS (ORCHID) • VII. NEW BUSINESS (TAN) P4f4S A. STUDY, Park Needs, Park Service Area *16 fB. AMENDMENT, Ordinance, City Code, Section 10.12, Animals and Fowl - Keeping, $1.61-1/_ Transporting, Treatment, Housing n C. SPECIAL USE PERMIT, Bill Brabec, for the Temporary Sale of Christmas Trees, on Lot 12, q Block 1, Knob Hill Professional Park, Located in the SE 1/4 of Section 21 e l t . SPECIAL USE PERMIT, Robert Jorgenson, for the Temporary Sale of Christmas Trees, on Lot 1, Block 1, Cliff Lake Centre, Located in the SW 1/4 of Section 29 91,E. WAIVER of Plat, Layne & Shirley Anderson, to Split Lot 11, Block 1, Letendre Addition, 1). into Two R-1 (Single Family) Lots Located Between Donald Avenue and Heritage Lane in the SW 1/4 of Section 9 6( F. WAIVER of Plat, Merila & Associates, to Split Lot 8, Block 1, Bur Oak Hills 2nd Addition, Located Along Rolling Hills Court in the SE 1/4 of Section 12 VI7:I. ADDITIONAL ITEMS (GOLD) IX. ADMINISTRATIVE AGENDA (GREEN) Y. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 27, 1991 SUBJECT: AGENDA INFORMATION FOR THE OCTOBER 1, 1991 CITY COUNCIL MEETING After approval is given to the October 1, 1991 City Council agenda and the regular meeting minutes for the September 16, 1991 meeting, the following items are in order for consideration. WAR:M(01T HEAD WS/NESS A. POLICE DEPARTMENT Item 1. Special Hunting Permit,Dale E.Huber,Southwest Quarter of Section 11—The City has received a request from Dale E. Huber of 9703 Cavell in Bloomington for a special hunting permit for geese on land owned by the Northwestern Mutual Life Insurance Company in the southwest quarter of Section 11. The permit application would be for three • persons. The application has been reviewed by the Police Department and the department finds no reason to deny the application. The permit application is enclosed on page ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a hunting permit for Dale E. Huber of 9703 Cavell in Bloomington as noted above. • • SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT • L Na r+ CE P/Ze- 2. Street Address: 3. City/State/ZIp Code: C 7'� @,4Jj(f t Cam`/ iu SSvgg 5\010,3,.4) IMPORTANT INFORMATION FOR THE APPLICANT �'Appl ons will be considered for parcels of property of five acres or maorelgt and soused'ag icultaraL• Hunted wildlife shall be deer(bowo'i�iir),goose,duck,pheasant and partridge only. Exceptions to this policy will be the prerogative of the Eagan City Council. The maximum dates.of the season for each wildlife bunted shall coincide with the bunting dates established by the Minnesota Department of Natural Resources(DNR). The Eagan City Council may,at its discretion,reduce the season for sack requested permit within the DNR season. The Eagan City Couodl may deny any application for special bunting If the permit does not serve the purposes of wildlife management,eves If the applicant has complied with all of the requirements. • I _ 11 I i I Il r. _ I �. _ _ _ 11.11111 1 �1 1� IJ I I� _. _ _ • 1 I . '7/ I 1 1 11 I ■.' Identification must be carried at all times for verification by the Ern Police Department. 4. Property Owner's Name (written permission from the property owner must accompany this permit application): nz- 4.".// '-r-74."47 /`l - . S. Property Location Description: � / — '% — �,4 .F w n La-:0 f 4. Type of Game to be Hunted: 7. Specific Hunting Dates: ,rs� 5E'p4- �8 , t9? / J .0oo /°, '? ` / IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY i. Name (Beginning with the Applicant): 9. Address: 10.Vehicle j44.4-4 P �l7z' eiv uQ CQ I se#t OALE 3(.4q Pt Kt ed.A4 0=2A-4 ,)C og •Z a k rP4?5rr 7 rn•r /1/ filet it t, got Sir 40 AX V ' 12.. Approval Date: 13. Ezpiranoa Date: 7A2 Et 9/ Agenda Information Memo • October 1, 1991 City Council Meeting Item 2. Special Hunting Permit,Jeffrey Adelmann, Southeast Quarter of Section 10—The City has received a request from Jeffrey Adelmann of 24149 Chippendale in Farmington for a special hunting permit for deer on the Fred Sell farm on Yankee Doodle Road. The permit application was reviewed by the Police Department. Chief of Police Geagan has concerns regarding the number of people included in the permit. He has not yet given approval to this permit. He requests a decision from the City Council regarding this permit. If the City Council does approve the permit, he will approve it. Attached for a Council's information on page T is a copy of the permit application and on page a copy of the memo from Chief of Police Geagan. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a hunting permit for Jeffrey Adelmann of 24149 Chippendale in Farmington as noted above. • • 3 SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT I. Name: 3 e--'r e y 11.4..Aw,a n 2. Street Address: 3. My/State/71p Code: 4 i C kffe,c(ct (Q Y Yl C IMPORTANT INFORMATION FOR THE APPLICANT Applications will be considered for parcels of property Olive acres or morea&and zoned'agricaltural.• Hunted wildlife shall be deer(bow WOW goose,duck,pheasant and partridge only. Facepdoas to this policy will be the prerogative of the Ewan City Council. The maximum dates of the season for each wildlife hunted shall coincide with the hunting dates established by the Minnesota Department of Natural Resources (DNR). The Eagas City Ceandi may,at its discretion,reduce the seams for each requested permit within the DNR season.. The Eagan City Conseil may deny any application for special hunting if the permit does sot serve the purposes of wildlife management, even if the applicant has complied with all of the requirements. tnv listed in this aunlicatlon may bunt only when accompanied by the applicant. A copy of this permit and appropriate Jdentification must be carried at all times for verification.If necessary.by the Eagan Police Department. 4. Property Owner's Name (written permission from the property owner must accompany this permit application): 6cctce © rNer` S. Property Location Description: ,ced & tt °-( gh et ii'ee O®ed(e y AWOL 6. Type of Game to be Hunted: 7. Specific Hunting Dates: • IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY S. Name(Beginning with the Applicant): 9. Address: 10.Vehicle \j-e Ade lwta n a stI (CR r,44 le . Mu license # W yN6 •'is $e R t; la I l s doPw( pipet utwtidTon �' o �bd'F`� � , w•+ _ La.ICev; lit g15-233 41 e s g, g7 s it, Aio 11181 755 DcZ fieklp da. vAap.h oho 0-th s-f �lk i 7.i - D04' f1 -vt �u��C ra �0 r 7 5 So33� 3& flta.r,G4 /4/e S Peo-$77 Scoifi D (Son 4� Q Pb 5Cf0 ary A.-Ikk,\NA.Ct A h 9.920( CI, fie n tjal SSA( - (RV w,.'5�Cr I1'&■ \( P r 3(0(4 Hwy 13 — 5 4,19` • /h c j"m me.L /19© .7-st "3oZ LA64. ,r,.401 11. Permit No 12. Police Approval: 13. Approval Date • !) 13aS � s v.� . �� � �'o►� A �1.�e, � S7 K �rics -C' „v► G 14 Gt G �} 1v ,s so C H 1 R L-r I Al W.lt ra a•l M,c, ss)I F I-. 1 police department =I �� PATRICK J.GEAGAN Chief of Po!tee i1 ' ',"II' city of Cagan KENNETH 0........,D N • 3830 Pilot Knob Road THOMAS Eagan,Minnesota 55122 Ma EGAN o Phone: (612)454-3900 DAVID K. MCCRESON FAX: (612)454-0718 PAMELA MICR EA TIM PAWLENTY THEODORE WACHTER Council Merntsrt THOMAS HEDGES City Aommrerrator EUGENE VAN OVERBEKE 0,,,c... September 25, 1991 TO: TOM HEDGES, CITY ADMINSTRATOR FROM: PAT GEAGAN, CHIEF OF POLICE SUBJECT: SPECIAL PERMIT TO HUNT ON THE O'NEIL PROPERTY ON YANKEE YANKEE DOODLE ROAD Attached you will find a Permit to Bow Hunt for Jeffrey Adelmann and ten others on their leased vegetable farm on Yankee Doodle • Road. After the City Council discussion, at the last meeting, I am not sure their position on granting a permit to this large a group. If the City Council decides to grant this special permit, I will sign off on it. I would like to remind the City Council that they granted a permit for the Adelmann Family to use firearms for a Special Hunt on that same property because of the damage the deer population was doing to the vegetables. I understand that Special Hunt did not produce any results. The above request is another effort, on their part, to control the deer herd in that area. Patric . Ge gan . Chief of Po i PJG:lb • Attachment • THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Agenda Information Memo October 1, 1991 City Council Meeting ENT., . G :..: There are ten (10) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Seasonal Recreation Program Assistant--It was necessary for City Administrator Hedges to approve the hiring of two seasonal recreation program assistants. The recreation programs began the week of September 23. The persons so approved are Diana Carlson and Patty Soldner. This item is informational and no action is required on the part of the Council. RESOLUTION/LOST BOND CERTIFICATE • B. Resolution for Re-Issuance of Lost Bond Certificate—The City has received from First Trust an Indemnity Bond in connection with a lost bond certificate. First Trust is requesting approval of the bond authorizing them to proceed with the issuance of payment and/or replacement. The City Attorney's office has reviewed the documents and recommended that the City Council pass the resolution attached as page 7 allowing the trustee to proceed as requested. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution approving re-issuance of Lost Certificate No. R-203. • (o CITY OF EAGAN 411 A RESOLUTION APPROVING RE-ISSUANCE OF LOST CERTIFICATE NO. R-203 WHEREAS, the City of Eagan is the Issuer of a Bond described as follows: City of Eagan Minnesota General Obligation Improvement Refunding Bond Series 1991-A, 5.5% due 2-1-95. Certificate No. R-203 at $5,000.00 registered in the name of Dorothy J. Missahl and Chester Missahl Jt Ten. WHEREAS, said Bond became lost on or about June 3, 1991, in the United States mail service; and WHEREAS, the Trustee of said Bond, First Trust National Association, seeks the City of Eagan's authorization to re-issue the above-described lost Bond; and WHEREAS, a Lost Instrument Indemnity Bond has been furnished to cover the documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City • of Eagan, Dakota County, Minnesota, that upon the recommendation of the City Attorney, the Trustee is authorized to re-issue the above-described lost Bond, subject to reimbursement to the City of Eagan for all costs incurred including legal and administrative time and expenses associated with this transaction. BE IT FURTHER RESOLVED that the City Clerk shall forward a copy of this resolution to the Trustee advising that the re-issuance of the above-described lost Bond may commence. Adopted this first day of October, 1991. CITY OF EAGAN City Council Thomas A. Egan, Mayor ATTEST: E. J. VanOverbeke, Clerk Motion made by: Seconded by: 411 Those in favor: Those against: rl Agenda Information Memo October 1, 1991 City Council Meeting • RESOLUTION/DEFAULT/LEMBKE TRUCKING C. Resolution for Default of Conditional Use Permit for Lembke Trucking--A public hearing was held before the City Council at its September 16, 1991 meeting. Based upon the information presented at the meeting and all the records, files and documents relevant to the matter herein, the Council approved a revocation of the conditional use permit for a trucking operation for Werner Lembke Trucking. Enclosed on pages through L2 . is a copy of the Findings of Fact and Resolution Revoking the Conditional Use Permit for Werner Lembke for a trucking terminal and outside storage at 545 Wescott Road in Eagan. It would be appropriate at this time for the Council to officially approve the Findings of Fact and Resolution. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Findings of Fact and the Resolution Revoking the Conditional Use Permit for Werner Lembke for a trucking terminal and outside storage at 545 Wescott Road in Eagan. • 11) CITY OF EAGAN FINDINGS OF FACT AND RESOLUTION REVOKING CONDITIONAL USE PERMIT A public hearing before the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on September 16, 1991, at 7 :00 p.m. The following members were present: Egan, Wachter, Gustafson, McCrea and Pawlenty; the following were absent: none. Based upon the information adduced at the meeting and all records, files and documents relevant to the matter herein, the City Council of the City of Eagan makes the following: FINDINGS OF FACT A. On September 16, 1980, the Eagan City Council approved a Conditional Use Permit for Werner Lembke for a trucking terminal and outside storage at 545 Wescott Road, Eagan. B. On September 24 , 1986, Judgment was entered in the case, Werner Lembke, individually and d/b/a j,embke Trucking Company. Inc. v. City of Eagan, Dakota County District Court File No. 101099. C. Pursuant to the terms of the September 24, 1986 Judgment, the City of Eagan reinstated Werner Lembke's Conditional Use Permit approved by the Eagan City Council on September 16, 1980. D. The September 24 , 1986 Judgment required Werner Lembke to comply with all the following terms and conditions: ("Judgment Conditions") • • 1. The proposed steel building shall have no garage doors on the Wescott Road side. 2. An asphalt surface shall be provided and employee parking should be provided on the west side of the proposed building. 3 . The storage area shall contain crushed limestone and dust control measures shall be enforced. 4 . There shall be no tractors or trailers stored on the property which do not have current licenses. 5. The proposed facility should be limited to between ten (10) and fifteen (15) trucks and trailers. 6. No truck or trailer parts or materials or other debris shall be stored outside of the building. 7 . Trucks and trailers shall not be parked outside of the storage area. 8. The house on the plat should be restricted to either an office or home for the caretaker of the facility 9 . Solid screening should be provided along Wescott Road and on the east property line of the facility with the plan to be approved by the City staff. 10. A $2, 000.00 landscape bond shall be required and not released until one (1) year after the landscaping has been completed. 11. The proposed fuel tank shall meet all the requirements of the Eagan and State Fire Marshalls and the MPCA. 12 . The proposed building should be required to be hooked up to the City water service and the existing on-site sewer disposal system for the existing house must be reviewed and approved by the City prior to the construction of any new septic system. • `:2> E. In May, 1991, City staff received a complaint from a • neighboring property owner regarding the condition of the Lembke property. F. In May, 1991, City staff inspected the Lembke property and determined that the property was in violation of several Judgment Conditions. G. On June 7, 1991, a letter from the City Attorneys' office was mailed to Werner Lembke reminding him of the terms of the September 24, 1986 Judgment and advising him that the City considered his property to be in violation of Judgment Conditions nos. three, five, six, nine, and twelve. H. In May, 1991, July, 1991, and September, 1991, there were more than fifteen (15) trucks and trailers located on the site in violation of Judgment Conditions number five which requires there be no more than 15 trucks and trailers on the site. I. In May, 1991, July, 1991, and September, 1991, there was a great amount of debris outside the building including numerous tires, barrels, and truck cabs apparently needing parts in violation of Judgment Conditions number six which prohibits the storage of truck or trailer parts or materials or other debris outside the building. J. Trucks and trailers are parked randomly around the site in . violation of Judgment Conditions number seven which prohibits parking vehicles outside the storage area. K. The shrubbery along Wescott Road is in poor condition and does not provide a solid screening nor is solid screening provided on the east side of the Lembke property both in violation of Judgment Conditions number nine which requires solid screening along Wescott Road and the east property line. L. Notice of Public Hearing was published and a Notice was mailed to Werner Lembke on September 3, 1991. M. Werner Lembke did not appear nor was he represented at the September 16, 1991 public hearing. NOW THEREFORE, BE IT RESOLVED that the City Eagan,of Ea an Dakota County, Minnesota hereby revokes the conditional use permit issued to Werner Lembke on September 16, 1980 and reinstated pursuant to the Judgment entered September 24, 1986 in Lembke v. City of Eaaan, File No. 101099 for the property located at 545 Wescott Road, for the following reasons: 1. The condition of the property does not comply with Judgment Conditions numbers five, six, seven, and nine. 2. The evidence is insufficient to determine whether there are violations of Judgment Conditions numbers three and twelve. Dated: , 1991. CITY OF EAGAN City Council Thomas A. Egan, Mayor ATTEST: • • E. J. VanOverbeke, Clerk Motion made by: Seconded by: Those in favor: Egan, Wachter, Gustafson, McCrea and Pawlenty. Those against: none. • Agenda Information Memo October 1, 1991 City Council Meeting ORDER PUBLIC HEARING/DELINQUENT BILLS. D. Receive Assessment Roll/Order Public Hearing, Delinquent Bills--A list of delinquent bill accounts in enclosed on page for your review. City policy for these accounts is to assess them against the subject property for payment with property taxes. These assessments will be spread for one year only at 8½% interest. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the assessment roll and order the public hearing for assessment of delinquent bills for November 7, 1991. • • /3 PROPOSED ASSESSMENT ROLE - MISCELLANEOUS DELINQUENT BILLS - 10/1/91 NOXIOUS WEEDS INVOICE PARCEL AMOUNT Tax Forfeit 10-00300-010-75 92.50 5754 10-00300-011-76 115.00 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 5335 10-14352-040-02 80.00 5744 10-16704-110-13 70.00 5767 10-16901-020-01 90.00 5242 10-31900-060-02 82.50 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 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 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 Total Noxious Weeds 2,425.00 OTHER INVOICE PARCEL AMOUNT DESCRIPTION 10-77034-010-01 675.00 Burglar Alarm False Alarms 10-39900-010-01 225.00 Burglar Alarm False Alarms Q 5710 10-62750-061-01 20.00 Garbage Removal 10-17404-052-01 240.00 Board Up House 1,160.00 TOTAL PROPOSED ASSESSMENT 3,585.00 ("( • 1 Agenda Information Memo October 1, 1991 City Council Meeting LICENSE/ON-SALE LIQUOR/RICHARDS FOOD & LIQUOR E. License, On-Sale Liquor, West Jersey Associates, Inc., Potential Buyers for Richards Food & Liquor, 4185 South Robert Trail—Richard and Joyce Slattery are negotiating to purchase Richards Food & Liquor at 4185 South Robert Trail. A copy of the liquor license application is enclosed in the Council's packet without page number. The Police Department has reviewed this application and finds no reason to deny it. A copy of their report is also enclosed without page number for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an on-sale liquor license for West Jersey Associates for Richards Food & Liquor at 4185 South Robert Trail. • • 1� Agenda Information Memo • October 1, 1991 City Council Meeting ELECTION JUDGES F. Election Judges for City Election,November 5, 1991—A list of the election judges for the City election of November 5, 1991 is enclosed on page IT for your review. The list is in order for Council consideration at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the list of election judges for the City election of November 5, 1991 as presented. . • IL LIST OF JUDGES TO WORK MUNICIPAL ELECTION NOVEMBER 5, 1991 • REPUBLICANS DEMOCRATS KAREN UECKER SHARON SCHOELLER ANN OURDANIK EVELYN COTA BARBAR SHIELDS PATRICIA KAEDER AURELIA POPPLER HELEN KENNEDY MARILYN LEGLER LEO AMUNDSON IRENE KREIDBERG IRENE WACHTLER JUNE KETCHAM MARY KELLNER JIM DECH RUTH TWOMEY KAY KOHLMAINEN ORLEAN GARNESS MARK OLSON JOAN USELMAN NEAL BLACK SHARON ORTH WALTER LAWRENCE GARY DODGE JOHN BELLOWS JAMES KENNEDY SHARON ASTLEFORD CHUCK LANGNICKEL MARIE LANE ROBERT MANNING ETHEL GROFF JUDY SAIMA LYLE SEVERSON OLIVER MCCULLOCH JOAN BOHLIG KAY DODGE CLARENCE HANSON JANET SCHUETZE ELEANOR BRUCE BARB SCHREINER JEAN KIMBER PAULINE LEGENDRE CAROL VIHOVDE ANNE SULLIVAN SOYNA LARSON EMILY RODICH PHYLLIS LIGMAN DOROTHY PETERSON IONA RAY BEATRICE COOPER MICHELLE SKINDELIEN JEAN FONTAINE PATTI BENJAMIN MARILYN HOLM GLADYS BYRNES HELEN JARVI MARY HANSEN JUDY KAZDA NANCY HENDREN CATHERINE GORDON MARVEL THORNE LOIS AGRIMSON CAROLYN THURSTON JUNE NELSON EMILY MEDIN PAT RASK CATHY BROST EDITH DRAKE BARB NUTTALL MARIE DESLAURIER MARGE JACOBS JUDITH MUNDAHL ZELLA MIRICK JAN GIEFER BARB LINERT MARTI ANN GUETZLAFF ADELINE BUEHLER FRANK HAMERNIK GLORIA CZYCALLA JAMES DRISCOLL WILLIAM SKAR ROBERT GORDON DON HANSEN ELAINE JONES MARY JANE LAROCK TERRI BERKNESS SHIRLEE KLANG MARILYN PORTER 411 tq Agenda Information Memo • October 1, 1991, City Council Meeting APPROVE CHANGE ORDER #1 (WILDERNESS RUN RD) G. Contract 91-08,Approve Change Order#1 (Wilderness Run Road)--This Change Order consists of three parts described as follows: Part A: Due to the developer's reluctance to correct the overland storm drainage problems associated with the Lexington Pointe 5th Addition (Tri-Land Development), staff had originally included this work under the contract bidding process to obtain a price to use either as a claim against the financial security and proceed with the work if the developer continued his refusal. Subsequently, the developer has agreed to proceed with the work and there is no longer a necessity to include this under this contract. (Deduct $45,454.38) Part B: This provides for the use of recycled concrete as an aggregate base in lieu of quarried limestone rock. (Deduct $3,360 est.) Part C: Where possible, existing aggregate base will be salvaged and reused • instead of importing new material. (Deduct $7,089 est.) The final deduct amount to the contract will be determined on actual quantities used for Parts B & C. At the present time, it is estimated that the total deduct to the contract will amount to approximately $55,903.38. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 91-08 (Wilderness Run Road - Streets & Utilities) and authorize the Mayor and City Clerk to execute all related documents. 19 S Agenda Information Memo October 1, 1991 City Council Meeting APPROVE RESOLUTION REQUESTING. SPEED STUDY - (BLACKHAWK ROAD- T.H. 13 TO DIFFLEY ROAD). H. Approve Resolution Requesting MnDot Speed Study (Blackhawk Road - T.H. 13 to Diffley Road--The staff has received several phone calls from property owners along the segment of Blackhawk Road requesting consideration of lowering the speed limit from its present 35 MPH to 30 MPH. Due to the fact that this segment of Blackhawk Road has a variety of land uses that, in total, do not provide the necessary criteria for the City's own determination, it would be necessary for the City to formally request MnDot to perform a speed study analysis. The present speed limit was authorized in September of 1970. With the recent reconstruction and development of adjacent land uses, it would be appropriate to have this segment re-evaluated. Enclosed on page .O is a copy of the Resolution necessary for MnDot to perform this study. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a Resolution requesting MnDot to perform a speed study on Blackhawk Road from Diffley Road to T.H. 13 and authorize the Mayor and City Clerk to execute said document. • (:\ RESOLUTION • CITY OF EAGAN SPEED LIMIT DESIGNATION MnDOT SPEED STUDY REQUEST BLACKHAWK ROAD (COUNTY ROAD 30 TO T.H. 13) WHEREAS, the City of Eagan has recently reconstructed and upgraded Blackhawk Road from County Road 30 (Diffley Road) to T.H. 13; and WHEREAS, this segment of Blackhawk Road has a variety of differing land uses from parkland to residential to commercial) with numerous offset intersecting side streets; and WHEREAS, the City would like to establish safe and enforceable speed limits along this local street; and, WHEREAS, the present speed limit of 35 MPH was based on an engineering and traffic investigation during the summer of 1970 when Eagan was still a Township; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, hereby requests MnDOT District 9 to re-evaluate and perform all required speed studies necessary to designate a speed limit appropriate for this local street. Motion by: Councilmember Seconded by: Councilmember Members in Favor: Members Opposed: Dated: CITY COUNCIL CITY OF EAGAN ATTEST: By: City Clerk Mayor CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing is a true and correct copy of a RESOLUTION adopted by the City Council of the City of Eagan, Dakota County, Minnesota on , 1991. • E.J. VanOverbeke, City Clerk City of Eagan GX0 Agenda Information Memo October 1, 1991, City Council Meeting • 1991 BUDGET ADJUSTMENT I. Adjustment, 1991 General Fund Budget—Enclosed on page o?�' you will find a memorandum from the Finance Department relative to necessary modifications to the 1991 General Fund Budget relative to program activities not anticipated at the time of the budget preparation last year. In all cases, the expenditures relate either to donated funds or funds transferred into the General Fund from the Police Fines & Forfeiture Fund. In none of the cases, is an additional burden placed on previously dedicated general fund revenues. ACTION TO BE CONSIDERED ON THIS ITEM: To approve adjustments to the 1991 General Fund Budget as presented. • ( MEMO TO: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE • FROM: ASSISTANT FINANCE DIRECTOR DAMLO DATE: SEPTEMBER 25, 1991 SUBJECT: 1991 GENERAL FUND BUDGET ADJUSTMENTS Consideration should be given to the following line item account budget adjustments to reflect certain activity which has occurred in 1991, as specified below. Use of Police Fine & Forfeiture Funds: Police Firearms Training Facility Revenue Account 01-3980-000-00 Increase $ 25,000.00 Expenditure Account 01-4850-150-11 Increase 25.000.00 The joint powers agreement with Apple Valley calls for a $25,000 payment in 1991 toward construction of the facility and another $25,000 payment in 1992. The intent is to use money from the Police Fines & Forfeiture Fund for the 1991 payment. This adjustment has the money transferred into the General Fund and the payment shown in the Police Department budget. Evidence Storage Cabinet 1111 Revenue Account 01-3980-000-00 Increase $ 475.00 Expenditure Account 01-4560-156-11 Increase 475.00 The Police Department had a cabinet constructed for their evidence room and indicated it was to be paid from the Fines & Forfeiture money. This adjustment has the money transferred into the General Fund and the payment shown in the Police Department budget. The balance remaining in the Fines & Forfeiture Fund after these transfers are made is $25,671.83. Park Department Donation Revenue Account 01-3850-000-00 Increase $ 400.00 Expenditure Account 01-4530-000-32 Increase 400.00 This reflects a $400 donation from Lutheran Brotherhood received 8/30/91, which was applied toward the planter box at Northview Park. The effect of these adjustments will increase the 1991 General Fund Budget by $25,875, for a new revised total of $11,018,615. • o� � Agenda Information Memo October 7, 1991, City Council Meeting • SAFETY CONCERNS/CLIFF ROAD & HOLLAND LAKE. J. Request to Dakot .county Regarding Safety Concerns on Cliff Road/Holland Lake-- Enclosed on pages ilvf through G is a copy of memorandum and attachments from Chief of Police Pat Geagan regarding what is perceived to be unsafe conditions on Cliff Road near Holland Lake. With Council's direction, City Administrator Hedges will prepare a letter to Dakota County outlining these concerns. ACTION TO BE CONSIDERED ON THIS ITEM: To direct staff to prepare a letter to Dakota County regarding traffic safety concerns on Cliff Road near Holland Lake. i • a3 F i�-r )i police department ,„ PATRICK of GEAGAN • X11 tt OPerauom city of Kagan KENNETH D.Aptain Captain 3830 Pilot Knob Road THOMAS EGAN Eagan, Minnesota 55122 Mayor Phone: (612)454-3900 FAX: (612)454-0718 DAVID K.GUSTAFSON PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE City Clerk August 26, 1991 TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN, CHIEF OF POLICE SUBJECT: TRAFFIC HAZARD/CLIFF ROAD FROM PARKVIEN GOLF COURSE TO THE EAST SIDE OF HOLLAND LAKE I recently spoke with Ms. Bea Blomquist and other residents on Oak Chase Road regarding their concern about safety issues on Cliff . Road near Oak Chase Road. Over the past several years I noticed a tremendous increase in the use of Holland Lake, especially during the summer months. Because of the lack of parking, at Holland Lake, the cars are parking on Cliff Road sometimes as far West as Oak Chase Road. I have personally observed people walking in the roadway from their cars, to the lake, and several near misses between motor vehicles and pedestrians on that same stretch of road. I support the neighborhood's request for a double yellow line and "No Passing" signs from Parkview Golf Course to the East side of Holland Lake. I also believe, with the concentration of parked cars and pedestrians on the roadway, the County should consider lowering the posted speed limit. 410i Patrick . Ge=gan Chief of P. 'ce PJG:lb CC: Bea Blomquist THE LONE OAK TREE...NE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/A irmayive Action Employer Eagan Police Department records from October of 1990 to July of 1991 show that there have been 24 accidents on Cliff Road between Ches Mar and Highway 3. Due to the amount of traffic on Cliff Road our neighborhood is not safe. Ve have a speed limit of 50 miles per hour Bicycle trails on each side of the two lane road Dakota County Park which generates traffic Not enough parking for the recreation area Cars pass illegally on the bike trail People walk on the bike trail Something needs to be done HH f l l Ve the undersigned request that the City Council of Eagan along with the County Commissioners consider the following: No passing line in the center of Cliff Road. No passing signs. Signs specifing bike trail. More off street parking for recreation area. SPEED REDUCTION reduced from 50 m.p.h. Name: Address: . 4 MON, JUL 22 , 1991, 9: 17 AM ACCIDENTS ON CLIFF BETWEEN P.K. AND DODD, 7/22/90 TO 7/22/91 CASE-NBR TIME-RECEIVED CALL-CODE CALL-CODE-DESCR CALL-IOCATION 09000010745 90/10/27 18: 59: 36 9444 ACCIDENT-PD CLIFF / OAK POND RD CR9000010799 90/10/29 17: 46: 27 9444 MV & DEER 995 CLIFF RD CR9000010854 90/10/31 21: 31: 01 9444 MV VS DEER CLIFF / OAK CHASE RD 90/12/08 11: 24 : 52 9424 ACCIDENT-PI CLIFF / HWY 3 90/12/15 14 : 05: 08 9444 ACCIDENT-PD 860 CLIFF RD CR9100000035 91/01/02 18 : 29: 08 9444 ACCIDENT-PD CLIFF / HWY 3 CR9100000238 91/01/11 19 : 53 : 58 9444 MV & DEER LEXINGTON / CLIFF RD CR9100000355 91/01/18 06: 23 : 23 9444 HIT DEER S CURVES / CLIFF RD CR9100000429 91/01/22 19 : 18 : 01 9444 ACCIDENT-PD 975 CLIFF RD 91/02/01 18: 07: 28 9444 PD ACC SCH'ULTZ LAKE BEACH / CR9100001096 91/02/21 18 : 05:44 9444 ACCIDENT-PD CLIFF / OAK POND RD CR9100001236 91/02/28 07 : 55: 12 9444 ACCIDENT-PD HWY 3 ./ CLIFF 91/03/15 18: 35: 52 9444 ACCIDENT-PD CLIFF / HWY 3 CR9100001789 91/03/27 16: 15: 24 9444 PD ACC CLIFF / PARKRIDGE DR 91/04/21 10: 15: 26 9444 ACCIDENT-PD CLIFF / HWY 3 CR9100002576 91/05/03 17 : 39 : 28 9444 ACCIDENT-PD CLIFF / PARKCLIFF DR 91/05/03 17 :44 : 13 9444 ACCIDENT-PD CLIFF / PARKCLIFF DR CR9100002702 91/05/09 16:43 : 10 9424 10-52 CLIFF / LAKEWOOD HIL CR9100003382 91/06/07 16: 14 :21 9444 10-50 LEXINGTON / CLIFF RD 91/06/16 17 : 30:20 9444 ACCIDENT-PD HWY 3 / CLIFF 91/06/27 15:29: 51 9444 10-50 CLIFF / HWY 3 CR9100003861 91/06/27 16: 51: 15 9444 ACCIDENT-PD CLIFF / DODD RD CR9100004189 91/07/11 07 : 01: 56 9444 H & R 1310 CLIFF RD CR9100004472 91/07/21 12 : 35: 09 9424 PI ACC CLIFF / OAK CHASE RD • • • `).;4 :);rb Agenda Information Memo • October 1, 1991, City Council Meeting rsA 'PUBLIC B .`. S ............................................................... VACATION/BUR OAK HILLS 2ND ADDITION A. Vacate Drainage & Utility Easements (Lot 7, 8 & 9, Block 5, Bur Oak Hills 2nd Addition)--On September 3, the City Council received a petition from the developer of the Bur Oak Hills 2nd Addition requesting to vacate the common lot line drainage and utility easements located between the above-referenced lots and scheduled a public hearing to be held on October 1. Enclosed on page is the legal description for the proposed easement vacations along with a graphic showing the location of these easements. These easements are being vacated due to the developer's desire to consolidate these three lots into two lots. All notices have been published in the legal newspaper and sent to all potentially affected utility companies informing them of this public hearing. As of this date, the staff has not received any objections to the proposed vacations subject to their rededication with the subsequent two-lot replat which should be approved prior to this public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the common lot line drainage and utility easements between Lots 7, 8 & 9 of Block 5, Bur Oak Hills 2nd Addition, subject to the approval of the subsequent two-lot • replat rededicating similar common lot line drainage and utility easements over the newly relocated common lot lines, and authorize the Mayor and City Clerk to execute all related documents necessary for recording at the County. • Z .....■MIK (cp. ImmEmliC GIVER GROVE ,1GHTS //•_••••• _ soo•li 52"E W ' " ` ssii• • \-'1* '�li–� t-- - "318.63- 7/- - -137-15' - -'`ss2.640 lit to —us r�7 Iwt—•° J 1 81 'w4' e A// ib I r1 M 1 //� lam° •N.- \ �1`•'r`ii t42 !, 1 V •4 •'�'i/ . 40 ) 'i ' • 'w 41 — -'• i tt=zo.00/I 1 r�4'//e '" I % "1 l a=al•a1.53' 1 i" !V' Zi / \ • 01 P$t ' ' • • n.:h as ...;i .i•. // •�,,' I \.fib•.1 1 i – `!: •i'.# 1 •�c. r >• W ' ' o• .7 11!20.25 ' 4P. ., 2,1,-. , • i k‘4;', /b 1p - V •- •St• 'SOO if'S�•E °"� b ,,',/ °�4 A I�1 4' �� , 3 F s 51.32 60.721 1 -63.66 1 •� \".. �' 39. _21•�-'° :so d� • �iP,. i I to a'I I w 1 1,0 \ \' o 1 0 1 ‘r 0 ••• t .•1 18 a L f n L —J cc ti / Q s `N, t • • °' s'i �^ 2 ii 13 all 1;.; -�, 01.. —I it, gT .+ w '' tB'17• I �- a4 \ v .F. • ∎ t ' i11 a I1 1., 11 4 I W a 8 1 /4f+ • gg^`'',i +4� ■ • �` ) L .9.1 So_I L .A..o I �ioQ•os i > L_ 600'13•02_E_ 0 '' m l J 147\-*•:•e/��h'y111 ' io , so oft/ 1 1 I 150.60 gt o (r CC y rr \ J• �i F v t \ o ,, i i EASEMENTS TO 5 37 I J ir-t 5i`!4 �> �' �. s$ ' `. BE VACATED • I BI ' •.. . . \~ r� \ . • .r L 600.13.02.E i o 11• •'�, e'lz�? +'� \ \ �) A g i1'1L2kJ wr ( !S0.60 I 0• 1d /� )a U) 36 8 3 el l 9 2e ff ^i \'0� ��• 4\ , ..,c. • -�.• .1 L —600�13�02•E ( m a ' to • . '1-�' \t t, . ROLLING HILLS I 1:0..60 , Q,.2... ..9.0\ v ,� 6 ., CT. = 18 `g* m 41 p. : u. ��I,° U�-� - Q � �1 Lo2I 2 a +s 20 \ ► eb;y▪ ba ,µeo 1 l – – iso.so – to.3, 1 i'` ° 10 • Z s' IN +�0' �— • . 5 �� . tr, 1• $00•:1'st_E J 34 I • • b 2 ^t C..•&1•'S1 4�4'4 21.2* s0\ r Si t„ • i••� •23.Sg'i ��, ►3 ,. ...../68 6J 'o r 9 II 130.00 g 1 L –500•!3_02•E I CI •i // ¢d t'r��d'14 '°a:•,, r\ 5 ! 1 1 1 0 l r 150.60 . �{ i .A /4• rya 1 C� ' e.\ . •0 -7\ . I I 18 C—�a 3 8' IS /M/4 • 1 I Qs L Js000 ;6,V •" i 1.0 • l - +T 3', g1 1s•; ' 4 // 1 c k –Rani `- – - L 600.13.02.E � . !tv fI1 \ 12 81 .1 .` ` , t�� sow_ sort• R OfbA N1k-k-S i J 14, , sv v 6 PROPOSED VACATION _ I rs.s Znd AO That part of the drainage and utility easement 5 feet on each side of the lot line between Lou 7 and 8,Block 5,BUR OAK HILLS 2ND ADDmON,Dakota County, Minnesota, which lies northerly of a line 10 feet northerly of and parallel with the north line of . Rolling Hills Court,as measured radially and southerly of a line 30 feet southerly of and parallel with the northerly lines of said Lots 7 and 8,as treasured at right angles. . And that part of the drainage and utility easement 5 feet on each side of the lot line between Lots 8 and 9, Block 5, BUR OAK HILLS 2ND ADDmON, Dakota County, 411 Minnesota, which lies northerly of a line 10 feet northerly of and parallel with the north line of Rolling Hills Court,as measured radially and southerly of a line 30 feet southerly of and parallel with the northerly lines of said Lou 8 and 9,as measured at right angles. c20 Agenda Information Memo October 1, 1991, City Council Meeting VACATION/UNISYS PARK 2ND ADDITION B. Vacate Utility Easement (Lot 2, Block 1, Unisys Park 2nd Addition)—With the recent purchase of the semi-conductor facility from the Unisys Corporation by Northwest Airlines, Inc., the City Council received a petition on September 17 and scheduled a public hearing to be held on October 1 to consider vacating a wellhouse and transmission watermain x easement previously dedicated for the future north welifield development. Epclosed on pages 36 through 3- ..is a copy of-the legal description and the graphic showing the location of the easement proposed to be vacated. All notices were published in the legal newspaper and sent to all potentially affected utility companies informing them of this public hearing. As of this date, staff has not received any objections to the proposed vacation. Due to the fact that this utility and wellhouse easement was previously dedicated to the City of Eagan for the future extension and development of our north wellfield, its replacement will have to be assured through Unisys' execution of an amendment to the original Well Field Development Agreement which provides for the City to expand its north well field throughout the Unisys property with future wells being located at a mutually acceptable site. The vacation of this previously dedicated and presently unused easement will provide • greater flexibility to the Unisys Corporation in marketing the property for future development potential. The status of the execution of the amended Well Field Development Agreement will be discussed during the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/continue the vacation of the utility easement over Lot 2, Block 1, Unisys Park 2nd Addition and authorize the Mayor and City Clerk to execute all related documents necessary for recording at the County. • 1 1028.76 N89°5�2�"E o � ' \ :aft_ p ° ..DRAINAGE B UTILITY £h EN`y,� , '0 ) c;) ___ -AI `" IOOAO b . O'' CO 8.;T- N89°47'25"E , �, /Any y 4,...tri07,00-4.s; L'f, , ) p.., .ctt# rC,) • Ef4) ..-7(... / / / c.,(47 e w O LEt 111 #2°�1. / 02 ti N 1 I I t \ N®9°27'n' •ifiv. '�r 8'32'371 8� )-,// :°I /44) z (a ! s.....11-- 1 853.10 �i!/ `�-' 1002 ', / V� `yC� � ••• / I 1. *.** 11)Pt5•614>°I, * "4*,C1.47 roi., ••••••••••••••• 10 Ai N..„,\ 4,,,,%„-%M_ li / (46-.,,,.‹.\''A. .I' 38-3-.1; 447.421/4"•• ''',:-. �O 4 it'F' �,": 41 63 � r // :4. , / �` R=392 00 / •' g -1 N.II....5.CZ:P. %\:o, , ,r. ..F.- , cs5pos.,:'�� iy fir, __ M `J.�y�. Il '' 1 ti °� ' h a° I � / X10. \ , , I • c� /� tie F s,°,OO 6,,._ I ,'s`w ` „ I� N co is.)- m `rz°ss 1/ °° �' �, - . • — — or• 11 8X A g ,tes.tk:20--•t • (, O t„ 2 lo-- /� / \ 2nd ADDITION I ICI t8 �� C�/ S Nw V; SO i 65.41 UNISYS PARK w __ 1O C +, ,- j_268a5 1 it C `��'. 817. 19 N89°5545"W I -"�I I Q cp. r- � /Int I // : — S° I.eo 1 DRAIr 6 UTLITY I i/ I' UTILITY EASEMENT - I I� ?� l'-82 PER DOG N0. _ IaN 591662 `� I `Zr`-' a - 1028.76 _, - - ° ° - I r I • 1785.57--- NgID"-t4 t' Wl •r10 • I1 I � • PROPOSED DESCRIPTION FOR PUBLIC UTILITY EASEMENT VACATION A strip of lend, 20.00 feet in width lying over, under end across Lot 2, Block 1, UNISYS PARK 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. The centerline of said 20.00 foot wide strip of land being described as commencing at the Northwest corner of Lot 3, Block 1, UNISYS PARK, according to the recorded plat thereof, said Dakota County; thence South 0 degrees 12 minutes 35 seconds East along the West line of said Lot 3 and said Lot 2, a distance of 1462.43 feet; thence North 89 degrees 47 minutes 25 seconds East a distance of 100.00 feet to the actual point of beginning; thence North 89 degrees 47 minutes 25 seconds East, a distance of 45.02 feet; thence South 9 degrees 22 minutes 27 seconds East a distance of 29.10 feet; thence Southwesterly along a tangential curve concave to the Neat a distance of 253.95 feet, said curve having a central angle of 25 degrees 00 minutes 00 seconds and a radius of 582.00 feet; thence Southeasterly along a reverse curve concave to the Northeast a distance of 631.46 feet, said curve having a central angle of 135 degrees 00 minutes 00 seconds' and a 'radius of 268.00 feet; thence North 60 degrees 37 minutes 33 seconds East a distance of 200.00 feet; thence Northeasterly along a tangential curve concave to the South a distance of 383.14 feet, said curve having a central angle of 56 degrees 00 minutes 00 seconds and s radius of 392.00 feet, thence South 63 degrees 22 minutes 27 seconds East a distance 30.00 feet; thence Southeasterly along a tangential curve concave to the -Southwest a distance of 303.84 feet, said curve having a central angle of 52 degrees 53 minutes 57 seconds and a radius of 329.09 feet; thence South 1 degree 10 minutes 07 seconds Hest a distance of 66.81 feet to a point hereinafter described as Point "A"; thence South 1 degree 10 minutes 07 seconds West a distance of 191.95 feet and there terminating. 15A Together with a strip of land, 20.0b feet in width lying over, under and across said Lot 2. The centerline ,of said 20.00 foot wide strip of land. being described as beginning at the above described Point "A"; . thence North 85 degrees 55 minutes 16 • seconds East a distance of 128.88 feet; • thence South 18 degrees 35 minutes 07 seconds East a distance of 49.69 feet and there terminating. Together with that part of said Lot 2, described as commencing at the•Northwest corner of said Lot 3; thence South 0 degrees 12 minutes 35 seconds East along • the Nest line of said Lot 3 and said Lot 2, a distance of 1812.76 feet; thence North 89 degrees 27 minutes 25 seconds East a distance of 853.10 feet to the actual point of beginning of the land to be described; thence South 88 degrees 32 minutes 37 seconds East a distance of 100 feet; thence South 1 degree 27 minutes 23 seconds Nest a distance of 300 feet; thence North 88 degrees 32 minutes 37 seconds Nest, a distance of 100 feet; thence North 1 degree 27 minutes 23 seconds East a distance of 100 feet back to the point of beginning. • 3�- Agenda Information Memo October 1, 1991, City Council Meeting • FINAL ASSESSMENT HEARING (HILLS OF STONEBRIDGE 3RD ADDITION) C. Project 597, Final Assessment Hearing (Hills of Stonebridge 3rd Addition - Trunk Storm Sewer)--On September 17, a final assessment public hearing was held to discuss the trunk area storm sewer assessments for the Saddlehorn Addition associated with the acquisition and development of Pond J -27 constructed as a part of the Hills of Stonebridge 3rd Addition. Enclosed on page,5t is a summary tabulation of the final assessment rates. At that meeting, several property owners had commented that they felt the City Council had abated any future trunk storm sewer assessment as a part of Project 241 which was assessed at a public hearing held on October 7, 1980. Staff continued consideration of the final assessment roll adoption to allow staff another opportunity to review the history of Project 241 to determine if and how trunk area storm sewer assessments were addressed as a part of Project 241. Project 241 provided for the installation of sanitary sewer laterals,water laterals, sewer and water services, storm sewer lateral, street surfacing,trunk area sanitary sewer and trunk area water main facilities within the Saddlehorn Addition. The original feasibility report stated that trunk area storm sewer assessments were not included as a part of the project due to the fact that no trunk storm sewer improvements were installed as a part of the project and that the assessment would occur at a later date when said improvements were eventually • installed. In researching the history of Project 241, the controversy associated with the overrun of the special assessments was referred to the Special Assessment Committee on October 1, 1980, with a recommendation being forwarded to the City Council for consideration on October 7, 1980. While there was discussion regarding the City picking up anywhere from a portion to the entire costs associated with the storm sewer end of this project, all discussions related to the "lateral"storm sewer system which was installed within the streets of the Saddlehorn Addition itself. Staff could not find any documentation or indication that future trunk area storm sewer assessments would also be abated as a part of the consideration of reducing the assessments associated with Project 241. Staff can provide additional background information and history regarding Project 241 and 597 as may be necessary to address any additional questions during this continued public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 597 (Hills of Stonebridge 3rd Addition - Trunk Storm Sewer) and authorize its certification to Dakota County. • 53 FINAL ASSESSMENT HEARING PROJECT NUMBER: 597 ASSESSMENT HEARING DATE: SEPTEMBER 16. 1991 SUBDIVISION/AREA: HILLS OF STONEBRIDGE 3RD PUBLIC HEARING DATE: JULY 17, 1990 IMPROVEMENTS INSTALLED AND/OR ASSESSED: • P.R. — Feasibility Report FINAL P.R. FINAL F.R. SANITARY SEVER RATES RATES STORM SEWER RATES RATES ['Trunk Q Trunk $.056/sf $.056/sf ['Laterals ❑ Laterals U Service ❑ Lat. Benefit/ Trunk [' Lat. Benefit/ Trunk WATER STREETS [1]Trunk ❑ Gravel Base [:]Laterals ❑ Surfacing ['Service ❑ Res. Equiv. ❑Let. Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. ❑WAC ❑ Trail SERVICES STREET LIGHTS [' Water & San. Sewer ❑ Installation ❑ Energy Charge _. CONTRACT # OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $23,386.94 F.R. $109,938 F.R. N/A 24 10 Yrs. 8.5 % 22,359.41 114,496.40 COMMENTS: • 43(/: Agenda Information Memo October 1, 1991, City Council Meeting • FINAL ASSESSMENT HEARING no (PARK CENTER ADDITION) D. Project 5$3,Final Assessment Hearing (Park Center Addition- Streets &Utilities)--On September 4, the final assessment hearing was opened for the above-referenced improvements. Prior to that meeting, the developer had requested a two-week continuance to allow staff an opportunity to revise the final assessment roll to conform to a special agreement entered into between the Dakota County HRA and Federal Land Company regarding the allocation of the assessments associated with this improvement. Also, it was determined that certain costs associated with tree removal should be considered as part of the storm sewer project instead of the street improvements each of which had a different method of assessment allocation for the private agreement. This assessment roll, enclosed on page ,, has been amended in accordance with those concerns and is being re- presented to the City Council. It is staffs understanding that the developer no longer has any objections pertaining to this amended final assessment roll. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the modified special assessment roll for Project 583 (Park Center Addition - Streets & Utilities) and authorize its certification to Dakota County. 3� FINAL ASSESSMENT NEARING PROJECT NUMBER: 583 ASSESSMENT BEARING DATE: SEPTEMBER 16. 1991 SUBDIVISION/AREA: PARK CENTER PUBLIC HEARING DATE: DECEMBER 19s 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: • F.R. - Feasibility Report FINAL F.R. FINAL F.R. SANITARY SEVER RATES RATES STOR2[ SEVER RATES RATES ❑Trunk ❑ Trunk (1) $ -0- (1) $ 21,846.72/Ac. ®Laterals (2) $2.448.26/Ac. $2.289/Ac. hI Laterals (2) $ 9.927.27/Ac., OService ❑ Lat. Benefit/ Trunk ❑ Lat. Benefit/ Trunk YAM STREETS ❑Trunk ❑ Gravel Base (1) $ -0- (1) $ -0- ®Laterals (2) $2.997.85/Ac. $4.177/Ac. ® Surfacing (2) $7,021.12/Ac. $25.646/Ac. OService ❑ Res. Equiv. ❑Let. Benefit/ ❑ Multi Equiv. Trunk ❑ C/I Equiv. ❑WAC (1) $ 640.56/Ac. ® Trail (2) $ 459.29/Ac. $11.79/FF SERVICES STREET LIGHTS ❑ Water & San. (1) $442.97/Ac. Sewer 0 Installation (2) $443.01/Ac $ 536/Ac. (1) $224.92/Ac. ® Energy Charg(2) $224.95/Ac. $ 160/Ac. CONTRACT * OF INTEREST AMOUNT CITY NO. PARCELS TERMS BATE ASSESSED 7INANCED $631,488 F.R. -0- 90-11 5 10 Yrs. 8.5 S $421.459.63 -0- CO)O ENTS: (1) Outlot A Park Center by cost sharing agreement. (2) Other Properties Park Center by cost sharing agreement. IP Agenda Information Memo October 1, 1991, City Council Meeting • FINAL ASSESSMENT HEARING (WEST PUBLISHING 3RD ADDN) E. Project 585,Final Assessment Hearing(West Publishing 3rd Addition-Trunk Storm Sewer)--On September 3, the City Council received the final assessment roll for the above- referenced project and scheduled a formal public hearing to be held on October 1 to discuss the assessments associated with the installation of t storm sewer facilities servicing the West Publishing 3rd Addition. Enclosed on page 3S is a summary tabulation of the final assessment rates as compared to those contained in the feasibility report presented at the public hearing held on January 16, 1990. While the rates remain the same, the zoning classification of the property had changed between the project's public hearing and this final assessment hearing. Subsequently, additional assessment revenue is generated by this final assessment roll. Representatives of West Publishing Company met with City staff to review the proposed final assessment roll. As a result of that review, it was determined that the Special Assessment Deferment Agreement for Project 589R, Elrene Road as approved by Council action on August 19, affected some of the property proposed to be assessed under this assessment roll. Enclosed on pages j C\through L&O is a letter from the staff to West Publishing explaining the impact that this recent agreement has on the proposed final • assessment roll. Subsequently, staff has prepared a modified final assessment roll which is being presented to the City Council for their consideration. It is staff's understanding that as a result of this adjustment, there are no other objections associated with this final assessment roll. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the modified final assessment roll for Project 585, West Publishing 3rd Addition (Trunk Storm Sewer) and authorize its certification to Dakota County. • 31 FINAL ASSESSMENT RARING PROJECT NUMBER: 585 ASSESSMENT RARING DATE: Oct. , 1, 1991 SUBDIVISION/AREA: WEST PUBLISHING 3RD PUBLIC RARING DATE: Jan. 16, 1990 • IMPROVEMENTS INSTALLED AND/OR ASSESSED: P.B. •• Feasibility Report FINAL F.R. FINAL F.R. SANITARY SETTER RATES RATES STORE SEWER RATES BATES S.F. .056/s.f. .056/s.f. M.F. .070/s.f. .070/s.f. ❑Trunk ® Trunk C/I $ .083/s.f. $ .083/s.f. Park .028/s.f. .028/s.f. ❑Laterals ❑ Laterals ❑ Service ❑ Let. Benefit/ Trunk 0 Lat. Benefit/ Trunk WATER ❑Trunk ❑ Gravel Base ['Laterals ❑ Surfacing ❑Service ❑ Res. Equiv. ❑Lat. Benefit/ 0 Multi Equiv. Trunk ❑ C/I Equiv. ❑VAC 0 Trail SERVICES STREET LIGHTS ❑ Water & San. Sewer ❑ Installation ❑ Energy Charge CONTRACT * OF INTEREST AUNT CITY 10. PARCELS TERMS RATE ASSESSED MANOR $202,088.67 $148,420.23 90-09 6 15 Yrs. 8.5 S $305,197 F.R. -0- F-R. ongl TS III i IL _city of acigan • 3830 PILOT KNOB ROAD TFIOmAS EGAN EAGAN,MINNESOTA 55122-1897 Mayo PHONE (612)454-8100 GUSTAFSON FAX:(612)454-8363 DAVE K. tvcCREA PAMELA TIM PAWLENiY September 23, 1991 Courcil Members THOMAS HEDGES City Administrator BANE VAN OVERBEKE STEVE BRYANT °tj c`t` WEST PUBLISHING 3773 HWY 149 EAGAN MN 55123 HARRY GALLAHER OPPERMAN HEINS & PAQUIN 2200 WASHINGTON SQ 100 WASHINGTON AVE S MINNEAPOLIS MN 55401 RE: PROJECT 585, CORRECTION OF FINAL ASSESSMENT OBLIGATION OUTLOT B, WEST PUBLISHING 4TH ADDN Dear Steve and Harry: • As a result of our meeting on Friday, September 20, the staff will be recommending that the final assessment roll to be considered at the public hearing for October 1 be revised to reflect a reduction in the proposed assessments for trunk area storm sewer to Outlot B of the West Publishing 4th Addition from the original noticed amount of $299, 080.29 to a revised amount of $180,734.24. This amount was calculated in the following manner: Outlot B 3,603,377 SF Pending Under Project 589R -1,180,130 SF Gross Assessable Area 2,423,247 SF Less Pond Easement (JP-16.1) -151,486 SF Less Pond Easement (JP-16) -94,240 SF Net Assessable Area 2,177,521 SF Assessment Rate $0.83 TOTAL ASSESSMENT $180,734.24 It is recognized that the northern portion of Outlot B and Outlot C that have a pending assessment under Project 589R are appropriately addressed in a "Special Assessment Agreement in connection with utility and street improvements for Elrene Road - Project 589R" approved by Council action on August 20, 1991. THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer 451 Page 2 As a result of this proposed assessment, the previously referenced • agreement, and Waivers #318 and #345 processed with the final plats of the West Publishing Company 3rd & 4th Addition, the only remaining assessable area is Outlot E of the 4th Addition in its entirety. Trunk area storm sewer assessment for this lot will be levied at such time as a public trunk improvement is installed within the subdistrict servicing Outlot E or it is replatted (in part or in whole) for development purposes. Due to the fact that the assessment roll has already been prepared and you have been noticed of a proposed final assessment of $299,080.29, the staff will recommend at the final assessment hearing on October 1 that the assessment roll be modified to reflect the reduction as described herein. Please let me know if you have any questions or concerns regarding my summation of the understanding arrived at our meeting on September 20. I appreciate the time and cooperation that you have provided in researching and discussing this issue. Sincerely, 1 .1 Wit-7g 71--- Thomas A. Colbert, P.E. Director of Public Works TAC/jj cc: Jerry Wobschall, Special Assessment Consultant J Agenda Information Memo • October 1, 1991, City Council Meeting FINAL ASSESSMENT HEARING (SILVER BELL APARTMENTS) F. Project 588, Final Assessment Hearing (Silver Bell Apartments - Water Main Looping)--On September 3, the City Council received a final assessment roll for the above- referenced improvement and scheduled a public hearing to be held on October i to formally discuss the proposed assessments associated with this improvement. Enclosed on page 9/Z, is a summary tabulation of the final assessments as compared to those estimated in the feasibility report presented at the public hearing held on February 6, 1990. Although there had been a concern expressed by the management company representing three affected lots, no formal objections have been received to date. With the final assessments being substantially below the original estimated cost and the inherent benefit associated with looping the water main providing a better source of water for consumption and fire protection, it is staffs recommendation that the assessment roll be adopted as originally presented. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 588 (Silver Bell Road - Water Main Looping) and • authorize its certification to Dakota County. ,k Tt FINAL ASSESSMENT HEARING PROJECT NUMBER: 588 ASSESSMENT HEARING DATE: October 1. 1991 SUBDIVISION/AREA: SILVER BELL PUBLIC HEARING DATE: February 6. 1990 IMPROVEMENTS INSTALLED AND/OR ASSESSED: • F.R. — Feasibility Report FINAL F.R. FINAL P.R. SANITARY SEWER RATES RATES STORM SEWER RATES RATES UTrunk ❑ Trunk [' Laterals Laterals ❑ Laterals ❑ Service ❑ Lat. Benefit/ Trunk [' Lat. Benefit/ Trunk WATER STREETS ['Trunk ❑ Gravel Base © Laterals $ 33.34/ff $ 48.15/ff ❑ Surfacing ❑Service ❑ Res. Equiv. ❑Lat. Benefit/ ❑ Multi Equiv. Trunk • ❑ C/I Equiv. ❑WAC 0 Trail SERVICES STREET LIGHTS ❑ Water & San. Sewer ❑ Installation [' Energy Charge CONTRACT # OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $ 17,170.10 $ 2,658.63 90-04 3 10 Yrs. R_5 % .$ 22.630.00 F.R. $ 2,660.00 F.R. COMMENTS: • Agenda Information Memo • October 1, 1991, City Council Meeting FINAL ASSESSMENT HEARING (DIFFLEY ROAD) G. Project 533, Final Assessment Hearing (Diffley Road - Streets & Utilities)--On September 3, the Council received the final assessment roll for the above-referenced project and scheduled a public hearing to be held on October 1 to formally discuss the proposed assessments associated with the • provements of Diffley Road from Heine Strasse Lane to I-35E. Enclosed on page is a summary tabulation of the final assessment rates as compared to those estimate • the feasibility report presented at the public hearing held on February 21, 1989. On Thursda S r 19, at 2:00 p;m., an informational meeting was held at City Hall to discuss t the proposed final assessment roll with affected property owners. Only one property owner representing New Horizon Homes, Inc, attended this meeting and expressed a concern regarding the side yard lateral storm sewer assessment in relationship to the Special Assessment Agreement approved by Council action on August 4, 1987. That Agreement stipulated that, as a result of an appraisal performed on the 2.2 acres of land in the southeast corner of Diffley Road and Thomas Lake Road subsequently platted as the Boulder Ridge 2nd Addition, received a maximum benefit for past and future County Road 30 improvements. Subsequently, the developer has had his proportionate share of the sideyard lateral storm sewer drainage assessment prepaid through that Agreement. • / Enclosed on page aS is a letter sent to the affected property owners informing them of staffs recommendation that the final assessment roll be modified to note that their proposed assessment has been considered prepaid and no further obligation is due. While staff has had further individual discussions with other affected major property owners (Wilimus, Bieter, etc.), no formal objections have been received to date. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the modified final assessment roll for Project 533 (Diffley Road - Streets & Utilities) and authorize its certification to Dakota County. • FINAL ASSESSMENT SEARING PROJECT NUMBER: 533 ASSESSMENT BEARING DATE: OCTOBER 1, 1991 SUBDIVISION/AREA: DIFFLEY ROAD PUBLIC HEARING DATE: FEBRUARY 21, 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: • F.R. — Feasibility Report FINAL F.B. FINAL F.R. SANITARY SETTER RATES RATES FTORM SEWER RATES RATES O Trunk ❑ Trunk S.F. $ .106/sf $ .05/sf ® Laterals 156.14/ff $36.60/ff © Laterals N.F. $ .132/sf $ .06/sf C/I $ .159/sf $ .08/sf ❑ Service ❑ Let. Benefit/ Trunk O Lat. Benefit/ Trunk WATER STREETS ❑Trunk ❑ Gravel Base © Laterals $2,972.83/service stub 854.95/ff ❑ Surfacing $10.00/ff $10.00/ff ❑Service ❑X Res. Equiv. $20.00/ff $20.00/ff ❑Lat. Benefit/ © Multi Equiv. $68.15/ff $68.15/ff Trunk © C/I Equiv. $90.35/ff 90.35 ❑VAC © Trail N/A $ 8.10/ff SERVICES STREET LIGHTS ❑ Water & San. Sever ❑ Installation ❑ Energy Charge CONTRACT * OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED County 30-05 26 10 Yrs. 8 S $ 561.672.36 COMMENTS: • L Agenda Information Memo October 1, 1991 City Council Meeting • UCn:•}iti•:4}•:•i}}}.'•:i•}::.}}::.}}YYnV:•i}ri•}'rY: STUDY/PARK SERVICE AREA #16 A. Study, Park Needs, Park Service Area #16—In September 1990, the City Council directed staff to hire a consultant to review the need for additional park land in Park Service Area #16. This was the result of a petition.from the neighborhood requesting the Council to do such a study, as it was there feeling a portion of the park service district #16 was a significant distance from Sky Hill Park, the park designated as their neighborhood facility. The consultant was so hired. The Advisory Parks, Recreation and Natural Resource Commission reviewed the resulting report and made recommendations at its regular meeting on September 5, 1991. It is the recommendation of the APRNRC that the City Council determine there is a need for a second park within the service district and that Council auth rite staff to review alternatives for such a park. Enclosed on pages t.(i through (e for the Council's information are copies of a memorandum from Director of Parks and ecreation Vraa,an attached study report,findings and recommendations from the consultant, a Parks and Recreation staff report and minutes from the September 5, 1991 APRNRC meeting concerning this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny direction to City • staff to initiate investigation into a possible location for an additional park for service district #16. i■//' • 4(0 MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR HONORABLE MAYOR AND CITY COUNCIL >) FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: SEPTEMBER 13, 1991 RE: PARK SERVICE AREA #16 PARK NEEDS STUDY BACKGROUND In September 1990, the City Council directed staff to hire a consultant to review the need for additional parkland in Park Service #16. This was the result of a petition from the neighborhood requesting the Council do a study, as it was their feeling a portion of the Park Service District #16 was a significant distance from Sky Hill Park, the park designated as their neighborhood facility. STUDY PROCESS Following a review, Westwood Professional Services, Tim Erkkila was hired to do the • analysis and to format recommendations regarding this park service area. To reduce the study costs, Parks and Recreation staff assembled the requested information and prepared the draft for the park study. Mr. Erkkila remained responsible for the content and scope of study. RECOMMENDATIONS The Advisory Parks,Recreation and Natural Resource Commission reviewed the report and made recommendations at its regular meeting on September 5, 1991. (See Attached Study Report and the findings and recommendations from Mr.Erkkila). After review of the study material and hearing presentations from the consultants, the Advisory Commission heard comments from several neighbors present at the Commission meeting regarding the need for the park. The Commission recommended that the City Council determine there is a need for a second park within the service district and that staff be authorized to review alternatives for a park. PARK SERVICE SECTION #16 PAGE TWO • DISCUSSION AND ADDITIONAL COMMENTS In presenting the information to the Advisory Parks, Recreation, and Natural Resource Commission, it was staff's perspective that the Commission first needed to answer the question "Is there a need for a park"? before it tried to answer the question "Where should a park be located"? Clearly, there is a dichotomy between these two. However, staff felt it was important that the Advisory Commission recognize that first there must be a demonstrated need for a park, not that a location exists, therefore a park. There has been no recommendation from the Advisory Commission as to the specifics for a park in terms of location, programs, design or number of acres. However, it is generally recognized that this should be a relatively"small"neighborhood park, keeping in mind the recommendations of Mr. Erkkila. In addition to the original petition that initiated this study, staff has received approximately 125 form letter responses circulated amongst the neighborhood. These petitions are available for your review; staff has not duplicated them due to the cost of reproduction. Also, attached is a letter from Mr. Smith who owns property in the vicinity of the study area, indicating his parcel would be available for sale to the City for parks. I believe this letter is self explanatory. • FOR COUNCIL CONSIDERATION It would be appropriate for the City Council to provide direction to City staff to either give recognition to the need for an additional park within this service area, and initiate a possible location for park suitability and acquisition. OR Park Area Service Section #16 is adequately served and there is no need for another park. KV/bls Attachment: Park Study • 4.2 =Cr irkIW{j& rRr.. awc.'1407 I1.1 w rllre..e.e nakssiou Simko.Ire. . • SEFTE EER 3, 1991 MAO Tor*►+.y s • ear+Prairie.MN 1si44 4124137-S1 SO Mil 113201374622 PINDINCS AND RECOMMENDATIONS 1/EIGBiORHOOD PARK SERVICE AREA 016 PAGAN, MINNESOTA This letter summarises our planning review of the park needs for PSA16. After reviewing the neighborhood's request, extensive material gathered by the City staff, and the Parks System Plan, we present the following findings and recommendations. FIRDiNGS 1. According to the Park System Plan, the optimal neighborhood park service area has a 1/2 mile radius. Park Service Areas (PSAS) 14, 16, 20, 23, . 32 and 33 all have significant areas outside the 1/2 ails radius parameter. • 2. Only 2 PSAs, 16 and 32, have distances between the existing parks and the farthest residences of over 1-1/2 miles. 3. The Park System Plan provides a neighborhood park population service parameter of 2000-5000. The buildout population of P8A 16 (6,408) exoeeda the maximum by 28%. Sn comparison, the buildout population of PSA 32 (2,025) falls within and near the low end of the parameter. 4. Facilities at the existing neighborhood park in PSA 16, Sky hill Park, are used for programmed recreation, and therefore are not always available for neighborhood use. 5. The area in PSA 16 that lies outside the 1/2 mile park service radius is a relatively solid geometric area that could be easily served with a single new site as opposed to a long narrow piece of land. 6. Of the PSAS adjacent to PSA 16, only 019 has a haildout population of over 5,000 (6,347). Sowever, 19 has good park service area coverage. 7. Of the total buildout population of :SA 16, 2,075 will lie outside the 1/2 mile radius of Sky Mill and Dlaekhawk Parks, which exceeds the minimum population parameter warranting a neighborhood park. • ANALYSIS PSA 16 is the only service area in which all the following conditions exist: * a significant area outside the 1/2 ails park service radius * a distance between the parks and farthest residences of 1-1/2 miles * • buildout population that exceeds 5,000 people 1111 findings and Recoamendations - Neighborhood Park $erviCe area 16 September 3, 1991 Page 2 FINDINGS RATIONALE Siting a park site in the area outside the 1/2 stile park service radius Mould be reasonable and efficient for the following reasons: * At build-out the area will have a population of 2,075, which exceeds the ainis= threshold warranting a neighborhood park * The shape of the area is relatively cospect * The residents of the area have felt a seed for a park site. RICONMENDATION Based on the findings, analysis and rationale, we can sake the following recommendations: 1. Pursue acquisition of park land in the northeast area of ?SA 16 of at least 6 acres 2. Develop es a aini-park for the short tars (play equipment and open space) 3. Future development of additional facilities can be based on site suitability, neighborhood and facility standards. 4. If possible, the site should remain open for non-programmed, local resident activities. Respectfully submitted by: WESTWOOD PROFESSIONAL SERVICES, INC. Knt;11 gate inmi,014444-40,& Timothy V. erkkila Anne D. Dewing • • • Z/:1(:) TOTAL P.B3 . MEMORANDUM TO: ADVISORY PARKS, RECREATION AND NATURAL RESOURCES • COMMISSION FROM: STEPHEN SULLIVAN, PARKS PLANNER/LANDSCAPE ARCiir1 r:CT DATE: JUNE 28, 1991 RE: PARK SERVICE AREA #16 PARKS NEEDS STUDY jtackeround The request for additional parkland in P. S.A. #16 was brought forth by the neighborhood at the June 26, 1990, Planning Commission Meeting. The Planning Commission was reviewing the downzoning of Study Area "I" from R-4 to R-1. The residents presented a petition requesting specific parkland needs be met via acquisition and development of a park within this study area. RIDGE _ , i ;7,7 Qa slit ••. •• YANKEE DOODLE ROAD i,,,,U(Vir WATER SUR Y puni..----1 TREAT- ,� GA-•�ENS • LENT .r) ra i PLAN }. H lir .•- ,a tot , Aft■� I ; H • II / fr:117! MB "TH glov/11■ • 1illII . VAN" T.C. + Ilt •ti's : r::.. :; .;. •;, I IX NZ :vim:... ;<:::�:: a YLt• u 1 l `"V-' L p 1 " b....esi.lifrippl; ==1111CT7, 111 SIA 1114 7;1.6 4,- :"kV 0.4 1%gi?'-lit el: IIII is gay-... -44t.v....i. mlipah. f* 444 N 41' 00114 P 1141LO al"tx t& la Not ;: , . 044... oo.tlfii: a. ii .21:: i Figure *1 Study Area I • 61 Park Service Area #16 June 28, 1991 • • Page 2 The petitioners request for a parks need study are based on the following concerns: • Land use changes since the 1982 Parks System Plan resulted in higher population in P. S. A. #16. This population is not adequately served by Sky Hill Park. • Children access to existing playgrounds at adjacent parks are too distant and unsafe. o A study would provide an objective evaluation of the parkland needs within P.S.A. #16. (See attached letter.) The City Council at the September 18 1990, meeting authorized staff to proceed with the parkland needs study as requested. parks Need Study Process Parks Department staff will initiate the study request via a draft report. The draft study will be provided to a park consultant for review and recommendations. This draft will be revised according to these recommendations and presented to the neighborhood and the Advisory Parks,Recreation and Natural Resource Commission. Upon Commission review,the report will be brought before the City Council. - . . , - Comprehensive Parks System Plan ill _ •. a . In 1982 the City of Eagan adopted a . 1 a i+s Comprehensive Park System Plan. This working document provides the framework - — ' 3 for development, acquisition, funding and : .. .' _. — . 7 _ 4 parkland standards for Eagan's Park / `'. ' • _ . �,1- System. Since its inception,this document -:�4:..,u �_ \ has been the basis for all planning efforts :.,r.; "Mt` ,.., within Eagan's park system. This report = • r /////�i/ 4-1° ‘ will rely on the proven strength of the r. - _ Comprehensive Parks Systems Plan. � '" :--' .. ,.,• _ The Comprehensive Parks System Plan '. ' 'mss - - r� j 1:7.-/-_-_- _ identifies six (6) planning districts. The - • -- ' — •1• a 2 districts are based on a geographic ' population context which overlay several '^ ;i � k� �2 .ice_ ..c_, ` '31 neighborhood park service areas. `These '`.�_ ` _ . _ - districts provide the basis for equitable asr distribution of parkland and facilities r. • 38‘,„L( within the City of Eagan.The study area is -� - • located within Planning District #2. Figure 2 Park Planning Districts 9' . Park Service Area #16 June 28, 1991 Page 3 • The Comprehensive Parks Systems Plan further distills the City of Eagan into 38 Neighborhood Park Service Areas. The intent of this "designation" is to meet recreation needs within a neighborhood park which is accessible and within reasonable proximity to all residents in Eagan. This study is located within Neighborhood Park Service Area#16 which is currently served by Sky Hill Park. :4\ ...."..)::77../i....r...\... ..i.! , : ..'"7.7...:7.. Vrn' ,. ...... . . •■• .. _-.4t••;• -•r; . - . _• - �..�. •,_ . yyy 7i t A !G• if-..' OM C#Z -'1,/// Z .' ' 74 i-a--e.-'---. ' 4-9-iN 1- 1 1. 16• ,=.j7 1J,1 �• q� 1 .- .• I 4 I- \ ■. . • .. r 41) ■ •7.-- 1,,- ao ..-- . , : -' ji.. .• /. _ •'tom . t_ .Y,� �! . !: ,25_ '- .Are - , 1;"r,V (. I .371:47 ' --a Ir- 7 % - : -41.::: . • Figure #3 Neighborhood Park Service Areas The Park System Plan as a result of "specialization" has developed classifications and corresponding standards. These parkland classifications are as follows: 1. Mini Park 4. Community:Park 7. Special Use Park 2. Neighborhood Park S. Linear Park & School Park 3. Community Athletic Field 6. Historic Park 9. Regional Park • 5-- Park Service Area #16 June 28, 1991 • Page 4 The scope of this report will focus on the classifications and standards of the mini-park and neighborhood park. A"mini-park"is defined as a park for local recreation which is not large enough to be a complete Neighborhood Park. The mini-park may either Serve a smaller service area or provide only a limited number of facilities. The site must be usable for its intended purpose and is not intended to be a"catch all"classification. The typical mini-park provides very limited and basic facilities such as play equipment or an open field games area. Several mini-parks within a Park Service Area could collectively be considered as a Neighborhood Park if each of the Mini-Parks contained one or more of the necessary components of a complete Neighborhood Park. Ideally, a city would have no mini-parks. They are only provided when there is a park need in an area which cannot be fulfilled in any other way. A "neighborhood park" is defined as a park designed primarily for local, recreational activities on a park service area basis. Neighborhood parks are the basic unit and will be the most common type of park in the system. Facilities provided in the basic neighborhood park are a 250'x 250' open field game area, paved hard courts games area and trails, play equipment facilities for preschool and elementary age children and a passive or natural area. Optional facilities which may be found here are improved ballfields, soccer fields, tennis courts, hockey and skating rinks and parking. The optimal service area is usually within 1/2 mile radius and should not extend beyond major access barriers. A neighborhood park must • be a minimum of 4 acres but is typically 8 to 12 acres. COMPO- USE SERVICE SITE SITE SITE NENT AREA ATTRIBUTES LOCATION_ Mini Park Serves a concentrated Services a Size Some portion High density population,specific age small varies of the site must neighborhood (City juris- group,or provides only service but be suitable for s where diction or limited facilities on a area, sable the specific use typical private private) local basis. Typically usually less areas which required yards do not mini parks provide only than 1/4 typically the site. east.May be one or two basic mile 1 to 4 im locations facilities such as play radius, acres. such as equipment,open field population apartment games area,or a short served is complexes, mall. at least townhouse 300 development; residents. car commercial creates. Neighbor- Area for kW Optional Ten Physiography Aeeetslaie to flood Park recreational activities service we suited fate Intended Plat such as a 250'a 250' area is mini- intense service area. Ground open field games area, usually awn;is development. More active paved hard courts within a typically Some aatwai pars need (City jurs- games area,trek pay 1/2 mile 30 to 12 amenities are better access diction) equipment for preschool radita saes desirable but so collator and elementary age Service but may sot required areas. children and a peak should sot be as Must lave at or retail area. attend large s last 00'of 221I20111 facilities may beyond 20 frontage as a include improved major acres. public meet. ballfields,soccer fields, barriers to tennis courts,hockey amen. ' • rinks,skating rinks and 2,000 to parking facilities. 5.000 Population • served. • Figure #4 Park Standards Park Service Area #16 June 28, 1991 • Page 5 jnventory Neighborhood Park Service Area #16 is served via Sky Hill Park. Sky Hill Park is a 10.25 acre parcel acquired in the early 1980's through park dedication. Sky Hill Park is located at Blackhawk and Blue Cross Roads. The park facility program includes the following: - 25 stall parking lot - basketball court - shelter building - 2 hockey rinks - ballfield - 2 tennis courts 1 - pleasure skating rink - soccer field overlay - observation area - playground - trails / / i // ` BLUE due.MOM,• /.• `:� =oa,r-T CO r te - : / -C • Z ED ♦_ �� // 1r t:i• Figure #5 Sky Hill Park Facilities Sky Hill Park provides year round programmed and non-program recreation opportunities. An example of the recreational programs include: Summer in the Park, FAA youth baseball/soccer, tennis lessons, 3 man basketball, skating lessons and hockey. The current population within the park service area is 3499. The current population count of the park service area assume 100% capacity of existing units. Age data from the 1991 census has not been received,however, I.S.D.#196 estimates that the number of children 0 - 4 years old as .89/unit in 1990. • 5- 11.- Park Service Area #16 June 28, 1991 • Page 6 Assuming this estimate, the number of children 0-4 years old within P. S. A. #16 based on the current number of units equals 1,339 children. This equates to 38% of the existing population. The projected build-at population within Park Service Area #16 is 6,408 assuming 100% capacity of the existing and proposed units. It is difficult to estimate the timeframe for build-out as well as the population by age. A wide range of land uses exists within Park Service Area #16. Generally, single family residential is located in the southern half,with an approximately equal mix of single family, townhouse and multifamily within the northern half of the service area. Approximately one half of the residential base is developed. A large undeveloped mixed residential parcel lie within the northwest corner of the service area. Analysis The Comprehensive Parks System Plan recommends an optimal service area of 1/2 miles which does not extend beyond natural barriers. Each park service area limit is based on land use characteristics, natural/man-made barriers (roads, lakes), and geographic area. These characteristic of a city's structure do not directly compliment the concentric geometry of a 1/2 mile radius. Therefore as written within the Comprehensive Park System Plan, the 1/2 mile parameter is an optimal distance and not a maximum. Of the 36 park service area, • staff concludes that 30 provide a significant coverage using the 1/2 mile parameter. The remaining six include larger areas outside the 1/2 mile parameter. These park service areas are *14, #16, #20, #23, #32 and #33. Staff has evaluated each of these service areas and concludes that several, although not meeting the 1/2 mile parameter, provide an adequate park service level due to trailways, adjacent park locations outside the park service area, email user nonulations and private park locations. • 1...f:':** 1--11.•:' 41 - ••av`.• '.•r• •_„ ' 7 -� •‘;',--.0111111•‘;',--.01111111211 1•4.: frvii • 41 X //J is 4 v k r--11W P **- , ,u _ - • • ' T. (fi ' PERE' ' . . - • F-• • 14-4% . Dal • a C qr) • sew grj r• igure #6 Park System Service Area Proximity • Park Service Area #16 • June 28, 1991 Page 7 i Park service area #16 is served primarily by Sky Hill Park.The build-out population within 1/2 mile of the park is 3,843. The park system also relies on community parks to compliment neighborhood park service areas. The development of Blackhawk Community Park will provide direct access with an array of recreation facilities which lie within the 1/2 - mile parameter for service proximity. The build-out population in Park Service Area #16 within 1/2 mile of Blackhawk Park is 490. The northeast portion of the service area is outside of the 1/2 mile parameter. At build-out, approximately 2,075 population will lie outside the 1/2 mile service area of Sky Hill and Blackhawk Parks. _7;7 ' • I al• • 1 10. • 4 i .:47d,r'II/ -. /1 In g g i g 11 /7.:i /7 4 i A i , 0x' '"4 7 o f fo t • ✓R L ,.. +#75,7\‘.- ect 1 i v - Lt.:• 1 4 40 kfA$ 4i1L4'..."1:2341312111 o's --‘1A;(44,t_ pr kdoorirAtilr-cett-4tiv--e---7. 1. , ,,, if , - -. 4.i4-414., ii. /,, 0. 7 1 _ i ,. I• -I re 7- 41/2.0901.440g), , ,0 ,,,. pme-Roif, / i..._ _ _ ab.1te, '14,4eilre.1- Id • ACV • . A. _. . ,7" - //,.,- . z. / At1;,. . . fr-;1 0/ N -1-7— -: -... 8 11 Mill'.6 110111.481091b 6:4VIUFAIItirft:Y5OrAcf '''' 1/dip .r #..a. lEalagging:111111a/ �VY 4I 4"Fo yr - I OP - 1 kr-7---- umanstia , :.- •LI.e ; VI,: : t,.1 . ':ir•Pt gt, Sit "41' i ' - 11 � 1{ilt a 1, i _ I ''',. . lirt .a-17 • '111,, ''''W 4.jjafr. t- 471 4 i a .......k — ,;.• .. __._4d:7r.,:. f_ _-: 1 0 F.-"Ar4 / ot",••"" ,,, i: 4,4 1 `,'■•. AM.40 _i_ .• - .... ...4....-FT-- *:All.i a kit . rli ..s4 - 1 --=-..-,--..--- .. AWild,Olf--,,,-- dtion -;.. 0, it. /' t1-1:.,..-Z. • .,e7 . • — tifibrkg:_40 . ; Figure #7 Park Service Area #161!"2 service proximity As mentioned,the existing population of Park Service Area #16 is 3,499 with an estimated build-out population of 6,408. The Comprehensive Park System Plan establishes a typical service population for a neighborhood park ranging from 2,000-5,000 residents. Based on this population parameter, Park Service Area #16 will exceed the range at build-out by approximately 28%. 0 . 51 Park Service Area #16 June 28, 1991 • Page 8 • The Comprehensive Park System Plan lists the required and optional facility standards for a neighborhood park. The required facilities including an open field area, hard court, trails alit/ flay equipment are served by both Sky Hill and eventually, Blackhawk Park. The optional facilities such as tennis courts, hockey rinks, pleasure rinks, shelter building are included within Sky Hill Park. The development of Blackhawk Park will provide may miscellaneous resource-oriented,optional facilities such as wildlife observation areas,fishing docks, hiking trails, picnic pavilion, sledding hill, etc. As a result, the facility program for Park Service Area #16 exceeds typical neighborhood standards. The Comprehensive Park System Plan standard for neighborhood park location requires accessibility to the intended service area. The ease of accessibility should directly relate to the level of use,facility program and related service population. Sky Hill Park is a high use park with an extensive facility program and high service population. The location of the park is along the western perimeter of the park service area. Blackhawk Park lies to the south. The result is a neighborhood and complimentary community park which serves a large portion of the neighborhood population. A portion of the population with Park Service Area #16 is not within a 1/2 mile radius to either Blackhawk or Sky Hill Park. The current residents request for an additional park is from this population area. Access to this area is provided via a sidewalk along Federal Drive and Ashbury Road. Several short links are missing along Federal Drive. The trail at its furthest point would require a 1-1/2 mile distance to Sky Hill Park and one mile to the north access of Blackhawk Park. Summary The citizens' request for this park's need study is based on these following concerns: 1. Land use changes since the 1982 Parks System Plan resulted in higher population in Park Service Area #16. This population is not adequately served by Sky Hill Park. The conclusion that land use changes have resulted in higher service area population is incorrect. Based on Planning Department review, the land use changes since the inception of the Comprehensive Park System Plan has decreased the estimated build- out population by 464 persons. (See attached memo dated June 24, 1991.) The point that the build out population is not adequately served by Sky Hill Park does not include the service provided by Blackhawk Park. But yet, with both parks, approximately 2,000 residents lie outside of these 1/2 mule service area. Of these 2,000 residents,approximately 1,031 have access to a playground within their development. Both Surrey Garden Townhomes and Royal Oak Apartments have installed small playgrounds. Approximately 900 people within single family homes will be outside the 112 mile service area. • \\P 1e• Park Service Area #16 ' Oat June 28, 1991 Page 9 • 2. Children access to existing playgrounds at adjacent parks are too distant and unsafe. The 1 to 1-1/2 mile walk to an existing or future playground from the area outside the 1/2 mile standard is longer than typical distance within the park system. Young children would need to be driven or walk with adults to either Sky Hill or Blackhawk Parks. Staff observed many older elementary and teens using the existing sidewalk to get to Sky Hill Park. • 3. A study would provide an objective evaluation of the parkland needs within Park Service Area #16. Staff and the City's consultant have provided this report in response to this concern. The standards included within the Comprehensive Park Service Plan may be considered as typical parameters for Eagan Parks System. Staff's review indicates that a majority of Eagan's parks meet these standards. The decision makers may conclude that the standards provided are guidelines for park development and acquisition. Increases in service population and park proximity may be considered an acceptable exception to these guidelines. Marginal deviations do not warrant the acquisition, development and maintenance of additional neighborhood or mini-parks. • ' ' n makers may also consider in the case of this request that the high populations The decision y q and park proximity warrant the acquisition, development and maintenance of a mini-park. As mentioned within the Comprehensive Park System portion of this report, a mini-park is for local recreation with limited facilities,serving a 1/4 mile radius and at least 500 residents. Staff has evaluated the undeveloped parcels outside the 1/2 mile proximity. Three parcels could be considered for mini park acquisition. Parcels A and B are approximately 11 acres and each support single family homes. Parcel C (Outlot C,Royal Oak Circle 1st Addition) is approximately 6 acres and is currently tax forfeited. Staff has reviewed each parcel and conclude each could accommodate a mini-park. Acquisition could be either by parks dedication or purchase. • • _ . Park Service Area #16 June 28, 1991 Page 10 - - _ • // _�.�- i �'t. ;.�"L k i yew, _ 13 o • RED 611, . • . ee .. -.�{• t ��tr • f �-..,,,, i I -• r T,H .f .. i t .g3n. ex 1. p •i o i °� nOo .�� �� jam•;• � • / arion° �-� • ; j ` II. � II #4•ram. i ••i .44. m ... I. sr*34.1.;*,,11.t� ~ i !lig I ..;111 Ø&I �•{ .- 1 _ y * y 1 , OP • It-,-.7..r 4. ors 1. • 1.1;, VP Ae. / . ■i . a ti,..:.-.....sip1/4 .. g.!. ... _g__ e_%:.:1 , 1 ...,_ 4.. .- U.N. 1 f se .1_r /.f f . 151 Or - ` Nilev� . Figure #8 Undeveloped Parcels Park Service Area #16 jtecommendations:, The Commission may consider the following recommendations: • Park Service Area #16 parkland needs are adequately served. • The missing sidewalk links along Federal Drive should be constructed providing continuous access to Sky Hill Park. • • A mini-park should be provided within the northwest portion of Park Service Area #16. • SS/nh O Subject to Approval MINUTES OF A REGULAR MEETING OF • THE ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION EAGAN, MINNESOTA SEPTEMBER 5, 1991 A regular meeting of the Advisory Park,s Recreation and Natural Resources Commission was called of order at 7:35 p.m. on Thursday September 5, 1991 with the following Commission Members Present: Ted Billy,Jack Johnson, George Kubik, Shawn Hunter,John Griggs, Lee Markel!and Dick Carroll. Commission Member Deb Johnson was not present. Staff present included Ken Vraa, Director of Parks and Recreation; Stephen Sullivan,Landscape Architect/Parks Planner;Dorothy Peterson,Superintendent of Recreation;John VonDeLinde, Parks Superintendent; Paula Nowariak, Recreation Supervisor; Jon Oyanagi, Recreation Supervisor and Cherry! Mesko, Secretary. PRESENTATION TO GIRL SCOUT TROOP #804 AGENDA John Griggs moved, Lee Markel, seconded the motion to move PSA 16 up on the agenda due to the large number of residents present for this issue. Shawn Hunter moved,Ted Billy seconded the motion with all members voting in favor to accept the agenda as amended. MINUTES OF REGULAR MEETING OF JULY 11, 1991 Shawn Hunter moved, Lee Markel!seconded with all members voting in favor to accept the July 11, • 1991 minutes as presented. PARK SERVICE AREA #16 Director Vraa noted that approximately one year ago a petition had been received by the City Council requesting a neighborhood park within walking distance of homes within PSA 16. This service district is rather large and is currently serviced by Sky Hill Park and Blackhawk Park. Council directed staff to prepare a study of the park service area and Westwood Planning Services was hired to prepare the study. Mr. Vraa noted that enclosed in the packet was a memo prepared by Steve Sullivan dated June 28, 1991, the Findings and Recommendations from Westwood Professional Services, Inc as well as some samples survey forms received from the residents in this area. Ken then introduced Anne Deuring from Westwood to review their findings. Ms. Deuring stated that staff had prepared significant background information and Westwood assumed the responsibility of determining future and projected needs within this park service area. To that end some of the questions that needed to be answered included, 1)What is the neediest park service area and 2) If park service 16 was the neediest what kind of park should be proposed at this site. Per the Park System Plan, the optimal neighborhood park service area has a 1/2 mile radius with several PSAs falling in that category. PSA 16 and 32, however have distances between the existing parks and the farthest residences of over 1-1/2 miles. Another factor considered was that the Park System plan provides a neighborhood park population service parameter of 2000-5000. At buildout,the population of PSA 16 will be 6408, or 28%over the maximum established. Conversely,the buildout of PSA 32 (2025)falls within and near the low end of the parameter. • w t ADVISORY PARKS RECREATION AND NATURAL RESOURCES COMMISSION • MINUTES OF SEPTEMBER 5, 1991 MEETING PAGE 2 Ms Deuring continued that the existing neighborhood park(Sky Hill Park) is used for programmed recreation and is not always available for neighborhood use. The conclusion of the findings is that of the total buildout population of PSA 16, 1075 ofthat population will lie outside the 1/2 mile radius of Sky Hill and Blackhawk Parks,which exceeds the minimum population parameter warranting a neighborhood park.The end result is that Park Service Area 16 is the neediest PSA at this time. Ms.Deuring noted that placing a park site in the area outside the 1/2 mile park service radius would be reasonable and efficient for the following reasons: a. At build-out the area will have a population of 2075,which exceeds the minimum threshold warranting a neighborhood park. b. The shape of the area is relatively compact. c. The residents of the area have felt a need for a park site. In conclusion,Westwood Professional Services made the following recommendations based on the findings, analysis and rationale: a. Pursue acquisition of park land in the northeast area of PSA 16 of at least 6 acres. b. Develop as a mini-park for the short term (play equipment and open space) c. Future development of additional facilities can be based on site suitability, neighborhood and facility standards. • d. If possible, the site should remain open for non-programmed, local resident activities. Chairman Kubik opened up the meeting for public input. Martha Franke, 1584 Pacific Avenue asked if the park site could be left open for later expansion based on the need from the neighborhood. Ms. Deuring commented that their recommendation was that the City obtain 6 acres of land for a park which would have only minimal development on it. George Kubik reminded the audience that there has been no particular parcel of land considered at this point. Ms. Franke then asked what the response was from the neighborhood survey mailed in. Mr. Vraa responded that it appeared that the highest priority was for open space and a play area, however interest was expressed in having tennis courts, hockey rink and open skating area. Martha reiterated that based on information she has received to date open play space and playground equipment were the top priorities. Unidentified resident commented on an existing fence that surrounded property In this area and asked if it would be removed when the park was developed. Mr. Kubik again reminded the audience that a recommendation for a park location was not being considered at this time. Mr.Vraa commented that the purpose of the study that was completed was to determine if a park was needed in this park service area, not to define a park site. Steve Sullivan noted that there are several parcels of undeveloped land within this park service area for the Commission to consider at a later date If the decision is made to proceed with another park In this area. Karen Glazier, 3611 Lakeview Trail stated they did not want any more townhomes in this area and hoped that the parcel of land zoned for townhomes would be the site for the proposed park. Mr. Kubik explained that this type of issue was one that would be handled by the Advisory Planning Commission and the City Council. ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES OF SEPTEMBER 5, 1991 MEETING • PAGE 3 Joe Alva, 36 Lakeview Trail stated he wanted to see a park in this area and asked what the total acres are for the parcels designated as A, B and C. Mr. Sullivan responded that the total is approximately 17 acres. Mr. Alva commented that he would like to see a park in this area but felt that more than 6 acres should be used. Ken Vraa explained that a neighborhood park such as Sky Hill Park is approximately 12-14 acres whereas a mini-park,which would be most appropriate for this area, uses less acreage and one would not see auxiliary facilities like those in a neighborhood park. Mr. Worth, 3622 Lakeview Trail spoke on behalf of his 4 year old son who very much wants a park in this area. Joe Vivik, 1572 Pacific noted there were many new homes and families in this area and expressed his concern for the need for a play area for them. Unidentified resident stated that there had been no response from the Royal Oaks area but noted that they had a limited amount of play area within their development. Mr. Kubik commented that the Commission typically recommends to developers that tot lot(s)/open play space be provided in a multi- family development. Shawn Hunter commented that staff had prepared an excellent report and based on the study done by Westwood Professional Services it is obvious there is a need for another park in PSA 16. John Griggs asked if the Commission should be looking at perhaps developing a larger parcel of land and providing facilities to meet more of the community's needs. George Kubik responded that it was premature at this • time to specify any park size or amenities to be included. Ted Billy commented that It appeared that a mini park would adequately meet the additional needs of this PSA. In response to a question regarding the cycle for building a park, Ken Vraa explained that the acquisition of property for a park is the most difficult function of park construction. Acquisition is accomplished by purchase, land dedication or condemnation. Once the land is owned the design phase, construction phase and final phase usually take one year each resulting in a 3 year period of time from design to use. Mr. Vraa reminded the Commission that the study identified the need for a park not it's size or type of development. If the Commission recommends to the Council that a park be placed in this location and the Council approves that recommendation then the issue of size,development,etc.will be addressed along with timing for implementation and available dollars to complete construction. After further discussion,Ted Billy moved,Shawn Hunter seconded with all members voting in favor to recommend to the City Council that a park be developed in the northwest portion of Park Service Area #16. John Griggs expressed his concern for addressing the missing sidewalk links along Federal Drive to provide continuous access to Sky Hill Park. Steve Sullivan noted that this is an issue that can be addressed as the plans for this new park are put in place. Chairman Kubik thanked the residents for taking such an active role in bringing a park into their neighborhood. He continued that a priority will be assigned to developing a park in this area and hoped everyone understood the time involved in developing a quality park. George also stated the Commission understood the urgency expressed by the neighbors and appreciated their input. 411 (03 ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION • MINUTES OF SEPTEMBER 5, 1991 MEETING PAGE 4 Ken Vraa concluded by stating that this issue will come before the City Council on October 1st and suggested that the residents continue through the process. HIGHUNE CORRIDOR GRADING Director Vraa introduced this item reminding the Commission that they have previously reviewed the issue of overland drainage from the LexingtonPointe Additions and across the Highline TRall, ultimately afecting the homes in the Park Knoll Addition. There has been a change in control and ownership of the property known as LexingtonPointe Additions resulting in Brad Swenson again resuming responsibility and control of this residential area. Department staff outlined to Mr. Swenson the parks criteria that must be considered regarding the drainage issue. The criteria was based on previous discussions by the Commission that included: 1) no grading into Trapp Farm Park sliding hill;2) Directing water to the existing pond would not be permitted as the existing outlet would not be able to handle any additional run-off; and 3) Any grading needed within the Highline Trail must be kept to a minimum and must recognize the City's desire to install a future trail within the Highline. ST. PAUL CHAMBER UPDATE PARKS DEVELOPMENT UPDATE WATER OUAUTY • HAPPENINGS SUMMER RECREATION REPORT RAHN ATHLETIC PARK UPDATE SCHOOL DISTRICT 196 USE OF NORTHVIEW FIELDS COMMISSION PICNIC ROUND TABLE With no further business to conduct, Shawn Hunter moved, Jack Johnson seconded with all members voting in favor to adjourn the meeting. The meeting was adjourned at 10:40 p.m. Secretary Date • L'L\‘ Agenda Information Memo October 1, 1991 City Council Meeting • J' AMENDMENT/CITY CODE/ANIMALS AND FOWL B. Amend n nt, Ordinance, City Code, Section 10.12, Animals and Fowl - Keeping, Transporting, tment, Housing—Mr. Eugene Pfeifer of 1339 Easter Lane was recently served with a regarding the keeping of pigeons on his property. Mr. Pfeifer is requesting that the Council consider amending the City Code regarding the keeping, transporting, treatment and housing of • and fowl. Attached for the Council's information on pages through are copies of Mr. Pfeifer's letter to Mayor Egan requesting his consideration, an article furnished by Mr. Pfeifer regarding homing pigeons, a copy of the City of Minneapolis ordinance regarding pigeons, a copy of the City of Eagan ordinance as presently in the City Code book, a copy of a letter from City Administrator Hedges to Mr. Pfeifer regarding the scheduling of this item on the Council agenda, and a copy of a memo from Chief of Police Geagan regarding this agenda item. Enclosed in the Council's packets without page number are copies of a number of pictures taken of the neighborhood. Mr. Pfeifer is requesting the amendment of the ordinance. If the Council should agree to his request, it would be appropriate at this time to direct staff to prepare an amendment to the ordinance, which would then be considered for approval at a future meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request for the • preparation of an amendment to the City of Eagan City Code, Section 10.12, regarding the keeping, transporting, treatment and housing of animals and fowl. • dQ • x V • IA < D - Ifi+; Eugene Pfeifer 6 1339 Easter Lane 1991 j! Eagan, Minnesota 55123 J • September 16, 1991 Mr. Thomas Egan, Mayor City of Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 - RE: City of Eagan Animal and Fowl Ordinance, Sec. 10.12 Per our recent discussion, I was served a Notice of Violation of Eagan City Codes, Sec. 10.12 on 8/29/91 . For the past 7 years I have kept racing pigeons on my premises located in Eagan. I have never received complaints or problems from neighbors until the one incident recently: Most of my neighbors not only accept my hobby, but show great interest. I have been racing pigeons since 1953 and am currently a member of • the Mill City Racing Pigeon Club based in Eagan with 15 members, the -- Twin City Combine with 200 members, and I am also a member of the American Racing Pigeon Union which has in excess of 20,000 members. We have members in Minneapolis, St.Paul and most suburban areas in residential neighborhoods. • The pigeons are raced every saturday from May 1st through October 1st. On race days, they are released in various cities across the country and when they return they immediately enter the loft for food and water and are then clocked and the speeds are tabulated. The pigeons that have caused the complaint which led to this are not ✓ homing pigeons and do not belong to my loft. They are show birds which were accidently let out by their owner in another city and merged in • with my birds who were returning home from a race. These few birds have been perched upon my neighbors roof for the past few weeks. They do not enter my loft and do not leave the area as they do not have the homing instinct. Enclosed please find an article from Readers Digest dated November, 1987. Also enclosed is a video tape narrated by Michael Landon which tells the history of racing pigeons with in depth information regarding the sport today. Channel 9 has prepared a series of public service announcements for recruiting new members as well as paid advertising on Sundays. I would like to request a hearing before the City Council to request a • change in the Eagan City Ordinance making it less restrictive. LCop .• 1 City of Eagan September 16, 1991 • Page 2 As per your request, I am enclosing a copy of the Minneapolis City Ordinance which permits the keeping of racing pigeons, but requires a permit to do so. Years ago other members and myself brought our plea to the Minneapolis City Council and as a result, the Ordinance was amended. At this time, I have been given a 9/29/91 deadline to correct the violation which will require me to get rid of all of the birds. As the racing season is virtually over, I would appreciate an extension until such time as this is addressed and myself and other Eagan members are given the opportunity to appear before the City Council . Mr. Mayor, thank you for your time and consideration during our recent conversation the other day. I would appreciate yourself and your council members reviewing the enclosed materials. As the deadline approaches, I would like to be contacted as soon as possible regarding an extension and a date for a hearing before the City Council . Again, thank you for your consideration. Sincerely, Eugene Pfeif r • 452-4955 (home phone) 452-8292 (work phone) • (.17°--1 ---- -- - • i' • -tX-"J ii-PN , — .., ..., ,r, ..-,,, •- -. 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The provisions of this chapter shall not apply to veterinarians or to persons or places selling only frogs, fish, worms or reptiles for use as 4 ,, live bait for fishing, or to scientific or educational institutions licensed by the State of Minnesota Livestock Sanitary Board. f3.. -A 68.80. Mobile pet care vehicle insurance. Each applicant for a mobile pet care vehicle license shall file with the department of licenses and consumer service public liability policy or certificate of insurance from a company licensed to do business in the State of Minnesota insuring the applicant against any and all liability incurred in the use or operation of the vehicle licensed under this chapter. The policy of insurance shall be in the limits of not less than one hundred thousand dollars ($100,000.00) for injury or death to one person, three hundred thousand dollars ($300,000.00) for injury or death for each occurrence, and ten thousand dollars ($10,000.00) for property damage. 68.90. Reserved. ',CHAPTER 70.. FOWL, PIGEONS, fABBITS,AND OTHER SMALL NIMALS 70.10. Permit required. (a) No person shall anywhere in the city keep, harbor, or maintain care, custody, or control over any small animal such as a rabbit, or any fowl such as a chicken, turkey, or duck, or any pigeon, without obtaining a permit therefor issued by the commissioner of health. (b) The commissioner of health may grant any permit pursuant to this section after the applicant has sought the written consent of at least eighty (80) percent of the occupants of the several descriptions of real estate situated within one hundred (100) feet of the applicant's real estate. Such written consent shall be required on the first and initial application and as often thereafter as the commissioner of health deems necessary. (c) No permit shall be granted to keep any animal, fowl, or pigeon within a dwelling unit or part thereof, nor on any real estate which contains thre (3) or more dwelling units. (d) This section shall not apply to dogs or cats nor to veterinarians or licen ed pet shops or licensed kennels. 70.20. Application for permit. Any person desiring a permit under this chapter shall make written application therefor to the commissioner of health upon a form prepared by the commissioner of health, which application shall describe the real estate upon which it is desired to keep any animals and shall require the giving of such information by the applicant as the commissioner of health may desire. Such application shall contain a statement by the applicant that he will "at all times keep such animals in accordance with all conditions prescribed by the commissioner of health and failure to obey such conditions shall be a violation of this chapter and shall be cause for cancellation of the permit by the commissioner of health." 70.30. Duration of permit; fee. (a) All permits issued hereunder shall expire on February first next after its issuance unless sooner revoked. (b) The annual fee for a permit shall be ten dollars ($10.00) which shall be paid at the time of the making of the application therefor. 70.40. Conditions for keeping animals or fowl; revocation of permit. The commissioner of health may prescribe general conditions for the keeping of animals or fowl and specific conditions as to a particular animal or fowl or particular premises as in his or her judgment are necessary to safeguard public health and the general welfare. The commissioner of health may revoke any permit granted pursuant to this chapter if any such condition is violated or if any pet becom a public nuisance. k . ANIMAL CONTROL ORDINANCES PAGE TEN 70.50. Refusal to grant permit. The commissioner of health may refuse a permit to keep or maintain animals or fowl hereunder for failure to comply with the _$ provisions of this chapter, and shall refuse a permit if in his judgment such animals or fowl should not be kept upon the premises described in the application 10,. for the permit. If any such permit is•refused, the fee paid with the application shall be retained by the city to pay its expenses in the investigation and consideration thereof and be applied as provided in section 70.60. 70.60. Dispersal of permit fees. The city comptroller-treasurer shall at the close of each month credit one-third of the permit fees collected under the provisions of this chapter to the council/clerk subdivision of the current expense fund, other than personal , to meet the cost and expense of publication of notices in the official newspaper of the city, and other similar expenses, and two-thirds thereof to the department of health fund to meet the cost and expense of the commissioner of health in connection with the inspection of premises and promulgation of any general or special order relative to the enforcement of this chapter. 70.70. Enforcement. The commissioner of health or his duly authorized appointees shall enforce the provisions of this chapter. CHAPTER 72. DISEASED, INJURED OR DEAD ANIMALS 72.10. Definition. Unless otherwise specified, as used in this chapter, "diseased animal" shall mean any animal which has or is suspected of having rabies, distemper, panleucopenia, glanders, farcy, tuberculosis or any other disease dangerous or communicable to humans or animals. 72.20. Diseased animals prohibited. No person shall own, buy, sell, keep or cause to be kept any diseased animal , unless such animal is under the care or treatment • of a licensed veterinarian. 72.30. Quarantine. The commissioner of health may order any diseased animal to be immediately quarantined. Upon certification by a licensed veterinarian that such animal is indeed suffering from one of the diseases enumerated in section 72.10, the commissioner may order that such animal be disposed of in such manner as he may direct. 72.40. Abandonment, care and destruction of diseased or injured animals. No person having the care, custody and control of any diseased, sickly, or injured animal shall abandon said animal anywhere in the city but instead shall provide care for said animal unless it is adjudged past recovery in which case said person shall cause said animal to be disposed of in such manner as the commissioner of health or his designee shall direct. 72.50. Unclaimed animals. Any sickly, injured or diseased animal found or abandoned upon any street, alley, lot or public place, which is adjudged by the commissioner of health or by any veterinarian summoned by the commissioner of health to be past recovery, shall , if unclaimed and uncared for by the owner thereof, be disposed of pursuant to state law by order of the commissioner of health. 72.60. Burial or abandonment of dead animals prohibited. 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O 4 m+• a� W wV.0 4 al r4 0 0 • � > O. 0 0 >• Cog 4 C C • 4.0 • t `10 p.+ m.r.r • O• 4 • • 0' •.00.00 u .10al >'W a1 .ix • N+J,e 0 01 4 yL C� .1 7 411 4..4 A.0 4 44 a1 4 4) • 14'Josef y W.4 >.e., G W • L e 1G C' r- O ma 4 a1 0 fL 00.0 +J00L �1 1LW.r4 . 0t 4 • 04 .+ • ) 01"x7•0 0C W "4-44 0 70001.0 a1 A04aa1 C 0C .8.4 4.4 14 > Q C,= •WW C41 44) e"r 41, .. 04) ,0 C L 44140444) • +J 0 .04444710 00.4A00GY4044.4140 440.4.04 4744.000 )/ i• x1 0 001 0 W••r 4) >41 . 04) 0.> 410X 0 > •w y 0 0 0.-i 41 0.0 T +J 1 ) Ii i city of aagan 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55192.1897 Mayor PHONE:(614)454-8100 DAVID K.GUSTAFSON FAX:(612)454-8363 PAMELA McCREA TIM PAWLENTY THEODORE September 18, 1991 ,, ° TI•IOMiS HEDGES EUGENE PFEIFER OtY Administrator 1339 EASTER LANE EUGENE VAN oVERBEKE EAGAN MN 55123 °''°e"` Dear Mr. Pfeifer: Mayor Egan requested that I contact you regarding your conversations with him and letter of September 16 regarding the City of Eagan's Animal and Fowl Ordinance, Sec. 10.12 of the City Code. He requested that the deadline given on the citation you received from the Eagan Police Department regarding correcting a violation of that ordinance's provisions involving the keeping of pigeons be extended until after such time as the City Council has had a chance to hear your request for an ordinance amendment. Please be advised that I have spoken with the Police Department and the September 29, 1991 deadline date to correct the violation has been so extended. I am going to schedule your item for consideration at the next City Council meeting which will be held on Tuesday, October 1, 1991. The item will be scheduled under New Business. Please contact my Administrative Secretary, Karen Finnegan, if you have questions regarding the time the item will be heard or what will happen at the meeting. I will forward to the City Council a copy of your letter to Mayor Egan, along with the information attached to the letter. I will also supply the Council with a copy of our current ordinance. The action to be considered by the City Council at the October 1, 1991 meeting will be to approve or deny the preparation of an ordinance amendment by staff relating to Section 10.12. If the preparation of the amendment is approved, actual approval or denial of the amendment itself would take place at a future meeting. Sin erely, (VW Thomas L. Hedges City Administrator . . cc: Mayor Egan Chief of Police Geagan Animal Control Officer Gilbertson Administrative Secretary Finnegan Assistant to the City Administrator Duffy THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNRY Equal COporttrilt0Alftmire Action Employer rE police department jPATRICK J.GEAGAN Chief of PoIKe 1I city of aagan KENNETH D.ASZMANN 1 L--- �"t(lt Operations Captain 410, 3830 Pilot Knob Road THOMAS EGAN Eagan,Minnesota 55122 mayor Phone: (612)454-3900 DAVID ON FAX: (612)454-0718 PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE September 25, 1991 "ty°i TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN, CHIEF OF POLICE SUBJECT: CITY OF EAGAN'S ANIMAL AND FOWL ORDINANCE, SECTION 10.12 As you are aware, we have received a complaint from Mr. Bishop about Mr. Pfeifer keeping pigeons at 1339 Easter Lane. Mr. Bishop's complaint is that Mr. Pfeifer's Carrier Pigeons , as well as pigeons they attract, are landing and deficating throughout the neighborhood. As a result of that complaint, our department looked at the property and found it to be in violation of the code and warned Mr. Pfeifer that he would have to remove his pigeons. ill When we looked at the property We saw numerous pigeons throughout the neighborhood. Attached you will find pictures of Mr. Pfeifer's property, as well as other property, with pigeons. After looking at the property, I feel the pigeons create a sanitary problem. I understand the Council will be asked to consider an ordinance change similar to the attached Minneapolis Ordinance relating to fowl and pigeons. I feel our current ordinance requiring five acres or more, for the keeping of pigeons, has the least impact on a neighborhood. The Minneapolis Ordinance talks about 80% of the property owners, within 100 feet of the affected property, have the right to consent or deny a permit. Judging from the situation on Easter Lane, the pigeons impact an area much greater than 100 feet. VA_A Patrick ilif G- -n • Chief of of ce PJG:lb THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY -} Equal Opportunity/Affirmative Action Employer Agenda Information Memo • October 1, 1991 City Council Meeting SPECIAL PERMIT/CHRISTMAS TREE SALES/KNOB HILL PROFESSIQJIAL PARK C. Special Use Permit, Bill Brabec, for Temporary Sale of Christmas Trees, on Lot 12, Block 1, Knob Hill Professional Park, Located in the Southeast Quarter of Section 21—An application has been received of Bill Brabec for a special use permit for the above referenced activity. For additional information with respect to this application,please refer 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 permit for Bill Brabec for temporary Christmas tree sales at Knob Hill Professional Park as presented. CITY OF EAGAN SUBJECT: SPECIAL USE PERMIT APPLICANT: BILL BRABEC LOCATION: LOT 12, BLK 1, KNOB HILL PROFESSIONAL PARK EXISTING ZONING: LB (LIMITED BUSINESS) DATE OF PUBLIC HEARING: OCTOBER 1, 1991 DATE OF REPORT: SEPTEMBER 26, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow temporary Christmas tree sales at the northwest corner of Knob Drive and Pilot Knob Road. COMMENTS: The applicant received a Special Use Permit for Christmas tree sales last year for this same site. Mr. Brabec intends to set up the 100' x 100' (10,000 sq. ft.) operation during the week of November 18, 1991 and will commence sales of the Christmas WI trees on November 22, 1991. A 5' x 6' building will be placed on-site to be used as the sales office. Signage for the lot is a 3' x 8' sign which reads "Fresh Christmas Trees." Parking is provided on the west portion of the site and on the private drive. The applicant expects to have between 400 and 500 trees in stock. Sales will run through December 22, 1991. Following this date, the applicant is proposing a Christmas tree recycling program whereby persons who purchase a Christmas tree at his lot will receive a ticket or coupon to bring the tree back to the lot to be chipped and this program will end January 10, 1992. If approved, this Special Use Permit shall be subject to the following conditions. 1. This Special Use Permit is temporary and shall expire January 10, 1992. 2. All other applicable code requirements shall be met. 4111 • �`. A IA I•.i• „,. E SCOT T _`� � _A A y • •I V.1 _ f C � I kiy ! CIPAL 1 DEL�CLKF z c 6 / m n N IR:.wINDCREST INE L +~i 1 r STVRW sl8 i WEST • .M W VET 2 (\`� KNCIl � �® I avE vg DR. .....-. '. W „1 q • TORO NI S RD 11, !):7 VI : i. 6t RRY f3f7C l PARK CT ' T S ODE V. . • • SW PATH S• v<�:1� S 1 N �JE l �� C 2 70Wl ARK RD r O } i . i .r , I r 4 i (4 x NEINE yr A• v zi 4 J ................_ I DIFFLEY ROAD lav ee 1 i ® , '� G Ts klit ,; 7 T. 41001‘ *.f. .., I .. •,-,■ + M.T II' L . + L •LAKE �P NW ` NE �I ` N v; ST .4U RAYS 6, )pN •__- �� - '.� + C _y t . . •• P YYY a j J YfRGREE. -•.5 qi, = O c AKSTLI _ PARK - _,, � ; O 1. O 1 Y ++ -. , Pj IIGNARIYS_l! • LOC4TIOIJ -1, Y$ Agenda Information Memo October 1, 1991 City Council Meeting SPECIAL PERMIT/CHRISTMAS TREE SALES/CLIFF LAKE CENTRE D. Special Use Permit,Robert Jorgenson, for Temporary Sale of Christmas Trees,on Lot 1, Block 1, Cliff Lake Centre, Located in the Southwest Quarter of Section 29—An application has been received of Robert Jorgenson for a special use permit for the above referenced activity. For additional information with respect to this application,please refer to the Community Development Department staff report which is enclosed on pages I. through 8 ( for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special permit for Robert Jorgenson for temporary Christmas tree sales at Cliff Lake Centre as presented. • • rtt CITY OF EAGAN 110 SUBJECT: SPECIAL USE PERMIT APPLICANT: ROBERT JORGENSON LOCATION: LOT 1, BLK 1, CLIFF LAKE CENTRE EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: OCTOBER 1, 1991 DATE OF REPORT: SEPTEMBER 26, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow temporary Christmas tree sales. COMMENTS: The applicant has been granted permission from Cub Foods, subject to City approval, to sell Christmas trees in a 90' x 60' (5,400 sq. ft.) area in the northwesternmost portion of the grocery store parking lot. This sales area will remove about 16 parking stalls. Also, a 16' sales trailer will be placed on site. A 4' x 8' sign on a temporary stand is proposed for placement at the entrance to the sales area. If approved, this Special Use Permit shall be subject to the following conditions. 1. This Special Use Permit is temporary and shall expire January 10, 1992. 2. All other applicable code requirements shall be met. 0 • I ; 1•� � �... \ r • 'cal i'� '. 0............N:..„,.. \ \ ice+"°" - .n+'ct '\ �\ • ! "/„...-f ..., i 1, \ ' \ I : c I I / I ,, s�,000 s� TENANT SHOPS �` r w.rnrn tear Area: I I � -, 2$.039 F / i 1 1 re Foods j'� . � � 1 I '' • tmoIo.a• , \ ►artln� \ \ 'V‘ .--- --‘ ‘ ‘\ , , /\ \ ` IMOO•uNO corm boref470N -. .to r , • . \`\ `, LOT 1 '\ . IC —. CUB FOODS TRACT \ '• s. \ \ C \ \ )'\\%' 4c...'. '. : . .‘ \\\\ ' \ 2tr. /; ),:: s.' \, \ \ „,;; 7>/s., • .:., s\\,,.., ;,..7' . s% SNOOPING -. 'w 'f i "e / • s 000 `'I, ; Nilh. II I OUTIOT A L* �� \ _.. _-__. OUTLOT PYLON$CN_ C UFJ 54 I. ES .....77, r-r- AFesiir /45/ . tity 0 l Agenda Information Memo October 1, 1991 City Council Meeting • WAIVER OF PLAT/LOT SPLIT/LAYNE & SHIRLEY ANDERSON E. Waiver of Plat,Layne and Shirley Anderson,to Split Lot 11,Block 1,Letendre Addition, into Two R-1 (Single Family) Lots Located Between Donald Avenue and Heritage Lane in the SW 1/4 of Section 9—At its meeting of September 24, 1991, the Advisory Planning Commission considered a waiver of plat requesting a lot split to two smaller lots as requested by Layne and Shirley Anderson for their property at 3310 Heritage Lane. The Advisory Planning Commission is unanimously recommending approval of this waiver of plat (lot split). For additional information on this item, lease refe 1 o the Community Development staff repo which is enclosed on pages 233 through for your review. Also enclosed on page is a supplemental me orandum from City Planner Sturm. A copy of the APC minutes is enclosed on pages a through C\• for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for Layne and Shirley Anderson to split Lot 11, Block 1, Letendre Addition into two single family lots. ‘CI't \ ■< L (1) 0 SUBJECT: WAIVER OF PLAT APPLICANT: LAYNE & SHIRLEY ANDERSON • LOCATION: LOT 11, BLOCK 1, LETENDRE ADDITION EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: SEPTEMBER 24, 1991 DATE OF REPORT: SEPTEMBER 16, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted from Layne and Shirley Anderson requesting a Waiver of Plat for their property at 3310 Heritage Lane (P.I.D. #10- 44900-110-01). COMMENTS: It is the desire of the applicant to split their existing lot into two smaller lots. Currently, the existing lot is 35,807.50 sq. ft. (.82 acre). The division of the lot will create two parcels—parcel A on Heritage Lane, with the existing home, will be 17,917.5 sq. ft.; parcel B, on Donald Avenue, is 17,890 sq. ft. The newly-created rear lot will not affect the Aik setback requirements in any way. In fact, all setback requirements and lot coverage requirements have been met. The address for the new lot will be 3311 Donald Avenue. GRADING/DRAINAGE/EROSION CONTROL: A limited amount of grading will be required to prepare the proposed lot (Parcel B) for a house pad. Lot 11 is located at the top of the hill and drainage from the lot will be directed to Heritage Lane or Donald Avenue. The construction of the house on the proposed lot will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. UTILITIES: Sanitary sewer and water main services to Parcel B have already been provided to the lot from Donald Avenue. STREETS/ACCESS/CIRCULATION: Public street access for the proposed lot has been provided from Donald Avenue, which has a mountable curb and gutter. The maximum slope of the driveway for the proposed lot shall not exceed 10%. The driveway to the existing house on Lot 11 is a gravel driveway that is eroding. The property owner of Lot 11 should consider upgrading the driveway to a bituminous or concrete surface to minimize erosion. 411 3 EASEMENTS/RIGHT-OF-WAY/PERMITS: This development shall dedicate 10 foot drainage and utility easements along public right-of-way and 5 foot drainage and utility easements along all common lot lines. If approved, this Waiver of Plat shall be subject to: 1. recording with Dakota County within 60 days of City Council action with documentation to the City. 2. All other applicable Code requirements. 3. The development is required to dedicate 10 foot wide drainage and utility easements along Heritage Lane and Donald Avenue. 4. The driveway for proposed Parcel B shall be constructed in accordance with City Code requirements. FINANCIAL OBLIGATION - Waiver of Plat, Lot 11, Block 1, Letendre Addition Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount Sanitary Sewer Trunk S.F. $705/lot 1 lot S 705.00 ' Water Trunk S.F. $735/lot 1 lot 735.00 Utility 73 S.F. 1 4,893,91 Street 110E S.F. 1 1.616.69 Total ;7.950.60 Assessment Rate Time -Interest Obligation $1,926.74 .08 10/72-12/91 $2,967.17 $4,893.91 669.90 .08 05/7412/91 946.79 1,616.69 • The utility and street improvements were deferred with interest accruing at 8%a year. Interest is computed from month succeeding assessment hearing to December 31, 1991. h t 1, j t 0 , 0 / 1 -. 4 ri.13 e , a1 • ,. ; / 1 �%�',v ` -. 219_ 05 OI1 03 -�°' Q �i / I ��7br 6 lilly O• t .r o IK • (�a•y�ort 1 A//nT.-an o 170 U' i oi°r '' VOl ►.. t . " - a. V / � 1 • 021 !n . w '� 1 J--�+-�.• / /Spv+1�er — 0101.— —II l0 AWL MONO 033-02 a 4. 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I. 4 as NacoNe 41.131 •ow •01,01141.•,•. • M -._t 044-01 '' 013-01 V : , ••...um 023-75 , - - - - ■ • . . c .' r . ,C :•. . �i�e�:�:. A 84 1 047 ,010 01 4 , A„1 .� L•a --r : I - -„1 'ii • _ • t.•: '.. - ti 1 11-"I ti 71+ 07 NI 01 /' 1 6 ft• e.y1- v ! -f” N 1 X 2 • N. 1017 (11^' .S .( sas.41 g • . 1=5.44411111151 MI i r CI G7 b O CC gs CO J W l�:. 1 .161 0 itt P. w L+ J °o W CC p +i fwt 31nN3AV Q'IVNOQ *Cit.* 1' 3 rowan/ 9.' m i ar•oow/. 4 _Y� yj,. `` it �• \ o# r., ,': \ — \ i Si e. j- ' "' L ////// 44 ;� a Al I ' 111111 01 51% , I 4, 1 iii 1,4 i 13,41 1 a le 0, i 1 if i 4;.0. — — i i ii , S v , /, •� t 1 --- / Pi ...: Pi = to -- Y:r 11 i E d 1 hilt ■F%ife *la N s= 3NY1 3JV11H3H W s a • 2 Co T Od�I o N N a h1 .4, al 0 ir; 11 I. i 6 J : CC i i i 1 tik4 i'%.41 I t i'' liJ J -71.1 ;1.1 t EIC al i:-. J M!3 'g tad . fi e.. . � W CC p CA - •. 3 3f1N3AV a7VNOQ a $ swr!CIO/ C. r‘,,... Q Z t r -JIB ■ ir I. g• ^ Y d1 . E 1 : -if# � i) I�- X41 II • Ill _ !ii tii 1 • i • f frit ii j :ghti mow j • in i Ma i• i 1 E I <s -: t • t I dry few/ L t —}cot ;I SO 1 al 3NV1 3OVLI83H Int a.l wzil 7'1 O=y ' W. • - •..'3 •- J - i 121- ' �, s : _ 122-0I ' U I Cr , • l-or or 1 ; 0 1, 12k01 V 1 V I t; K . - 105-01 , Wi N Q !w Imo- 1 i • .7 ',,„ 0 -1 Oy- t 09k.OI ..� , to - 001 015 GI >w "lli .... M ' 11 _ �—_— •T 07,4,1-.01 0=0-01 ti ., W , _ 3 • i• 12 IV 020:�1 . ma. �.�; -- : 060-01 „ 13 X061 -01 �.: ----11 = 051 -0 at J 052-01I .•• N . 14 oa�u us• �, .. . _. . 05.0-Ow •f---oo L 1S _ • 053-01 _"' . ! nM � 04_4_-01 043-01_ - - --4• Mi;iii�'s , 1 w nw� . . 030-01 .w i FINANCIAL OBLIGATION LEGEND ;.;lei;::::••• SANITARY • SEINER TRUNK ;:;::::**:::;K::::. WATER TRUNK 4 UTRIIY IMPROVEMENTS '••••i.• STREET IMPROVEMENTS i C;R/ OF PL AT ,BLOCK 1 . DRE ADDITION MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: SEPTEMBER 25, 1991 RE: WAIVER OF PLAT LAYNE & SHIRLEY ANDERSON At the September 24 Advisory Planning Commission meeting, the Waiver of Plat in order to split Lot 11, Block 1, Letendre Addition, into two Single Family lots was approved unanimously after very little discussion by the Commission. There were no public comments and the applicant was there to answer questions. The Letendre Addition was platted in 1949 and as the overall exhibit showed, most of the lots to the south had been split in a similar manner. One condition was added stating: "The newly created parcel shall be subject to a cash water quality fee". If you would like additional information, please advise. V144-- City Planner JS/js 411 71 MINUTES 07 A REGULAR MEETING OF THE RAGAN ADVISORY PLANNING COMMISSION SAGAS, MINNESOTA SEPTEMBER 24, 1991 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, September 24, 1991, at 7:00 p.m. at the Eagan Municipal Center. Present were members Graves, Voracek, Markley, Trygg, Staeheli, and Alternate Gorman. Also present were City Planner Jim Sturm, Assistant City Engineer Mike Foertsch, and City Attorney Mike Dougherty. AGENDA Voracek moved, Staeheli seconded, the motion to approve the agenda as presented. All present voted in favor. MINUTES July 23. 1991., Nerkley moved, Voracek seconded, the motion to approve the July 23, 1991 Advisory Planning Commission minutes as presented. All present voted in favor. August 27, 2991, Graves noticed a spelling error on page 1. The III second line in the first paragraph under the title "Northco" should read ". . . to allow a day care facility". Merkiey moved, Voracek seconded, the motion to approve the August 27, 1991 Advisory Planning Commission minutes as amended. All present voted in favor. Chairman Graves explained the Advisory Planning Commission procedure to the public. WAIVER OP PLAT LAYNE AND SHIRLSY ANDERSON Chairman Graves opened the first public hearing of the evening regarding a Waiver of Plat to split Lot 11, Block 1, Letendre Addition, into two R-1 (Single Family) lots located between Donald Avenue and Heritage Lane in the SW 1/4 of Section 9. City Planner Jim Sturm stated that the applicant is requesting that their existing lot be split into two smaller lots. The lots south of the applicant's lot are split in a similar manner. All City Code requirements are net. Mr. Sturm requested that condition O5 be added which states that a cash water quality dedication be required. Zed TSB T: 6 ZT T6. 9Z d35 Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 24, 1991 Layne Anderson, the applicant, mentioned that lots next to his are split in the manner he is requesting. Member mber Markle Y raised questions regarding the existing gravel avel driveway on Parcel A which is eroding. Er. Anderson stated that they will be upgrading the driveway in the future. Trygg moved, Staeheli seconded, the motion to approve the Waiver of Plat to split Lot 11, Block 1, Letendre Addition, into two R-1 (Single Family) lots located between Donald Avenue and Heritage Lane in the Sw 1/4 of Section 9, subject to the following conditions: 1. Recording with Dakota County within 60 days of City Council action with documentation to the City. 2. All other applicable Code requirements. 3. The development is required to dedicate 10 foot wide drainage and utility easements along Heritage Lane and Donald Avenue. • 4. The driveway for proposed Parcel B shall be constructed in accordance with City Coda requirements. 5. A cash water quality dedication is required. Al present voted in favor. W1XVER 07 PLAT IMZRILA 6 ASSOCIATES Chairman Graves opened the next public hearing of the evening regarding a waiver of Plat in order to split Lot 8, Block 1, Bur Oak Bills 2nd Addition, located along Rolling Hills Court in the SE 1/4 of Section 12. City Planner Jim Sturm stated that the applicant is requesting a Waiver of Plat to split the existing lot and attach the same to two adjacent lots. The applicant feels that the existing lot will be hard to develop. All City Codes are met. Mr. Sturm requested that condition #8 be added which requires that • lot combination agreement be executed for both newly created lots. £Bd TSB &:LT 164 9! d3S • . : i I i 1 : , : . ■ ' 1 I I . : I : ; I 1W : , ... . 6-- , . , ! , , , 1 p I 1 1 r 1 ! 1:' ..-- i,•• in„,?. ! ,5 — I : f 6,:ti 1 -ii . I 1 _ : ■ I i --, .. . 11: 4 ,.., i 1 1 • , . trl 14 I :t ,1 IT Itf: 1 , , .....IL • ' , 1 , , lirf—': 1„.., 1 ---n 1 i,.. ...., , .,..., ,.. , „ , mo. 1 • 1 r 1 ' I ,,,,,,,,_ ,..,„ , . , 1,31 ICY ! CrN, , . : . - . . . : . . Agenda Information Memo October 1, 1991 City Council Meeting WAIVER OF PLAT/MERILA & ASSOCIATES/LOT SPLIT F. Waiver of Plat, Merila and Associates, to Split Lot 8, Block 1, Bur Oak Hills 2nd Addition, Located Along Rolling Hills Court in the SE 1/4 of Section 12—At its meeting of September 24, 1991, the Advisory Planning Commission considered a request for waiver of plat to split a platted lot and add the same to two adjacent lots from Merila and Associates for Lot 8, Block 5, Bur Oak Hills 2nd Addition. The Advisory Planning Commission is unanimously recommending approval of this item. For additional information on this item, please refer to the Co unity Development Department staff report hick is enclosed on pages c 3 through qj for your review. Also enclosed on page Co is a supplemental memorandum from City Planner Sturm. A copy of the APC minutes is enclosed on pages C \through ‘60 for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat as requested by Merila and Associates for Lot 8, Block 5, Bur Oak Hills 2nd Addition in order to split a platted lot and add the same to two adjacent lots. • t?6 SUBJECT: WAIVER OF PLAT APPLICANT: MERILA & ASSOCIATES, INC. LOCATION: LOTS 8, BLOCK 5 BUR OAK HILLS 2ND ADDITION 0 SE 1/4 OF SECTION 12 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: SEPTEMBER 24, 1991 DATE OF REPORT: SEPTEMBER 16, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a single family Waiver of Plat to split a platted lot and add the same to the two adjacent lots. COMMENTS: Due to a 30' Williams Pipeline Company easement that runs along the rear or north side of Lot 8, Block 5, and the 30' front yard setback required by Code, the owner of the lot considers the property unbuildable. As proposed, the unit per acre density of this development will drop with the split into two lots. Parcel 1 will have an approximate area of 23,162 sq. ft. and Parcel 2 will have an approximate area of 23,461 sq. ft. AIRPORT CONSIDERATIONS: The site in question lies approximately four miles from 0 the ends of the parallel runways and falls in the fourth policy contour as defined by the Metropolitan Council. The Metropolitan Council has established conditions of noise abatement required of any development project falling in a policy contour. The original developer, as part of the 1986 Environmental Assessment Worksheet (EAW), agreed to requiring that all dwelling units be designed and constructed to achieve an interior sound level of 45 dba and the developer informing all prospective buyers that the subject property is within an aircraft noise impact area. GRADING/DRAINAGE/EROSION CONTROL: The lots were graded with the Bur Oak Hills 2nd Addition development. The backyards are high and the drainage generally flows to the street. The grading plan for the house on Parcel 2 shows a drainage swale in the backyard that would direct water to the southwest and onto private property. City staff recommends that a berm be added along the south property line of Parcel 2 to direct runoff water from the backyard drainage swale to the east to Rolling Hills Court. A final detailed grading plan is required for staff review. UTILITIES: Three sanitary sewer and water main services were provided to serve the lots with the Bur Oak Hills 2nd Addition. The existing sanitary sewer and water service provided for Lot 8, Block 5, shall be abandoned by shutting off the water at the corporation and 4, plugging the sanitary sewer at the 8"x 4"wye. The remaining two sanitary sewer and water main services will adequately serve Parcels 1 and 2. ck3 SUBJECT: WAIVER OF PLAT APPLICANT: MERII.A & ASSOCIATES, INC. LOCATION: LOTS 8, BLOCK S BUR OAK HILLS 2ND ADDITION 0 SE 1/4 OF SECTION 12 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: SEPTEMBER 24, 1991 DATE OF REPORT: SEPTEMBER 16, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a single family Waiver of Plat to split a platted lot and add the same to the two adjacent lots. COMMENTS: Due to a 30' Williams Pipeline Company easement that runs along the rear or north side of Lot 8, Block 5, and the 30' front yard setback required by Code, the owner of the lot considers the property unbuildable. As proposed, the unit per acre density of this development will drop with the split into two lots. Parcel 1 will have an approximate area of 23,162 sq. ft. and Parcel 2 will have an approximate area of 23,461 sq. ft. AIRPORT CONSIDERATIONS: The site in question lies approximately four miles from • the ends of the parallel runways and falls in the fourth policy contour as defined by the Metropolitan Council. The Metropolitan Council has established conditions of noise abatement required of any development project falling in a policy contour. The original developer, as part of the 1986 Environmental Assessment Worksheet (EAW), agreed to requiring that all dwelling units be designed and constructed to achieve an interior sound level of 45 dba and the developer informing all prospective buyers that the subject property is within an aircraft noise impact area. GRADING/DRAINAGE/EROSION CONTROL: The lots were graded with the Bur Oak Hills 2nd Addition development. The backyards are high and the drainage generally flows to the street. The grading plan for the house on Parcel 2 shows a drainage swale in the backyard that would direct water to the southwest and onto private property. City staff recommends that a berm be added along the south property line of Parcel 2 to direct runoff water from the backyard drainage swale to the east to Rolling Hills Court. A final detailed grading plan is required for staff review. UTILITIES: Three sanitary sewer and water main services were provided to serve the lots with the Bur Oak Hills 2nd Addition. The existing sanitary sewer and water service provided for Lot 8, Block 5, shall be abandoned by shutting off the water at the corporation and 0 plugging'ng the sanitary sewer at the 8"x 4"wye. The remaining two sanitary sewer and water main services will adequately serve Parcels 1 and 2. IR 3 STREETS/ACCESS/CIRCULATION: Street access will remain available from Rolling Hills Court, which was constructed in 1989 with mountable concrete curb and gutter. EASEMENTS/RIGHT-OF-WAY/PERMITS: The existing easements along the side lot lines of Lots 7 and 8 and along Lots 8 and 9 shall be vacated. • The new plat shall include a 10 foot wide easement centered over the common lot line of the two parcels. FINANCIAL OBLIGATION - LOT 7, 8, 9, BLOCK 1, BUR OAK HILLS 2ND: 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 If approved, this Waiver of Plat shall be subject to: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, Bi, Cl, C2, and El • 2. Recording with Dakota County within 60 days of City Council action with documentation to the City. 3. All other applicable Code requirements. 4. The final grading plan shall be revised to direct drainage from the backyard swale on Parcel 2 to drain to Rolling Hills Court. 5. The existing sanitary fewer and water service for Lot 8, Block 5 of Bur Oak Hills 2nd Addition shall be abandoned at their respective main lines. 6. Common lot line easements between lots 7 and 8 and between lots 8 and 9 will need to be vacated prior to the City releasing the waiver for recording. 7. Common lot line easements, 10 feet in width and centered along the parcel lines, are required. • Ck* L. --",.. ,...,4 I*/ . ............ - 4• 0 L � `\ ,.,s [phF SW i7 SE 8"-;-. k;\ thoc zc 2f:e's' \i 9 -I: 0 .i _ - - _ - -- - — =-9�in 1 \ (/l A 4 40 I 9 C ;44 NE (c......i. .6ei C I rip _ . 4'c El! i? 2 11 eLottiH DR -2..,t, nu ii,an SE SW Mittl . 0-: •• W 11166 1r l CfR. Y.016.";.A.i."....1•ILI■••Vi J'-'- ...,......;........1"1"/". _.66....u.................."4" ''...""... ....... \1.0■5j:'i.T.....7 - IF"' .i.g.".."ll'i.' . OTT al \\ i • ar to KOST z r-R04D Tel , e I :NE : NW NE an CEOAH STREET zi----'- DECKER RD X I.- UM r mss,. Z, ita. ( ..A1 f-Th =?.' 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(11 MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: SEPTEMBER 25, 1991 RE: WAIVER OF PLAT MERILA & ASSOCIATES At the September 24 Advisory Planning Commission meeting, the Waiver of Plat in order to split Lot 8, Block 5, Bur Oak Hills 2nd Addition, in half and attach it to the adjacent lots was approved unanimously. The overall Bur Oak Hills Addition was platted in 1986 and contains 138 lots. There were no public comments on this item; the applicant stated the new owner of the property is BankOne of Milwaukee. Two additional conditions were added. Condition 8—Lot combination agreements for both • parcels shall be required prior to the recording. Condition 9—No subsequent lot splits shall be permitted. If you would like additional information, please advise. City Planner JS/js • • Page 2/EAGAN ADVISORY PLANNING COIMIISSION MINUTES SEPTEMBER 24, 1991 Layne Anderson, the applicant, mentioned that lots next to his are split in the manner he is requesting. Member Merkley raised questions regarding the existing gravel driveway on Parcel A which is eroding. Mr. Anderson stated that they will be upgrading the driveway in the future. Trygg moved, Staeheli seconded, the motion to approve the Waiver of Plat to split Lot 11, Block 1, Letendre Addition, into two R-1 (Single Family) lots located between Donald Avenue and Heritage Lane in the SW 1/4 of Section 9, subject to the following conditions: 1. Recording with Dakota County within 60 days of City Council action with documentation to the City. 2. All other applicable Code requirements. 3. The development is required to dedicate 10 foot wide drainage and utility easements along Heritage Lane and Donald Avenue. 4. The driveway for proposed Parcel B shall be constructed in accordance with City Code requirements. 5. A cash water quality dedication is required. All present voted in favor. *ASVIR OF FLIT XERILA 8 ASSOCIATES Chairman Graves opened the next public hearing of the evening regarding a Waiver of Plat in order to split Lot 8, Block 1, Bur Oak Hills 2nd Addition, located along Rolling Hills Court in the SE 1/4 of Section 12. City Planner Jim Sturm stated that the applicant is requesting a Waiver of Plat to split the existing lot and attach the same to two adjacent lots. The applicant feels that the existing lot will be hard to develop. All City Codes are met. Mr. Sturm requested that condition #8 be added which requires that a lot combination agreement be executed for both newly created lots. • OM TSB OL:Zi T6. 9e cES • iPage 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 24, 1991 Christopher .Call a representative of Merila i Associates, stated that the existing lot is unbuildable and if the lot can be split into the two proposed lots, they feel the lots will sell easier and faster. Member Berkley requested that condition f9 be added which states that thl newly created lots can not be split in the future. Berkley moved, Voracek seconded, the motion to approve a Waiver of Plat in order to split Lot 8, Block 1, Bur Oak Hills 2nd Addition, located along Rolling Hills Court in the SE 1/4 of Section 12, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, Bl, Cl, C2 and El 2. Recording with Dakota County within 60 days of City Council action with documentation to the City. 3. All other applicable Code requirements. 4. The final grading plan shall be revised to direct drainage from the backyard swale on Parcel 2 to drain to Rolling Hills Court. 5. The existing sanitary sewer and water service for Lot 8, Block 5 of Bur Oak Hills 2nd Addition shall be abandoned at their respective main lines. 6. Common lot lines easements between lots 7 and 8 and between lots 8 and 9 will need to be vacated prior to the City releasing the waiver for recording. 7. Common lot line easements, 10 feet in width and centered along the parcel lines, are required. B. A lot combination agreement shall be required for both newly created lots. 9. The two newly created. lots can not be split in the future. All present voted in favor. i PSd TSB IZ)/C) enn 16. se d95 • zr O DATE CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 (612) 454-8100 ' APPLICATION FOR ON SALE LIQUOR LICENSE EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. If this is a first application attach a copy of the articles of incorporation and by-laws. Applicants Name(Business,Partnership,Corporation) Trade Name or DBA �1TPSt .TPYCr�t>• ]accnnia{-Q ��� Business Address ��-- Business Phone 4185 South Robert Trail Applicants Home Phone 0612 )452-3061 (612 )898-1019 City County Slate Zip Code Eagan Dakota MN 55123 Name of Restaurant Manager Manager DOB License period _Joyce Slattery _ From: To: If a corporation,give name,title,address and date of birth of each officer If a partnership,give name,address and dale of birth of each partner. PartnerOtticer Full Name and Title Address DOB Joyce Slattery-President 17850 B Jubilee Way Lakeville 6/1/49 Partner,'Otlicer Full Name and Title Address DOB Ric aid Slattery Jr . -Vice Pres . r ,. Drake St . Coon Rapids ,l0/12/57 Partner,Otficer Full Name and Title Address DOB Richard Slattery-Tresurer 17850 B Jubilee Way Lakeville 10/23/27 Partner/Officer Full Name and Tille Address DOB LICENSE TYPE: XX On-sale Restaurant On-sale Hotel On-sale Club Y,''% Amount floor area Amount floor area/ Amount floor area/ dining room(s) dining room Number seating Seating/dining room(s) Seating/dining room //,;(/ - `/ //if Hours food available Hours food available Hours food available Number employees Number of guestrooms LOCATION OF ESTABLISHMENT: Legal description Current zoning Structure is more than 300' away from elementary or secondary school or church Yes No 0/P REQUIREMENTS $5000 surety bond Name of bonding company Certificate of Insurance and Liquor liability Insurance Company � r During the past year has a summons been issued under the Liquor Civil Liability Law MS 304A.802? • Yes XX_ No If yes, attach summons copy. Has Applicant or any of the Associates been convicted during the past five years of any violation of federal, state or local • liquor law?___._ Yes XX No If yes, give date and details. Are any taxes, assessments or utility bills for the premises unpaid or delinquent? -_.__ Yes —xx_ No If yes, give reasons. Have you ever had a license suspended or revoked?_____ Yes x _ No If yes,give dates and reasons for action. What vendor of amusement devices will have machines on the premises? None Name Address Describe proposed entertainment:—_—KY_ _!�_ ' ,OR CLUB LICENSE ONLY: Date of Incorporation: _ Purpose of Club: Number of members: _________-- • Officers, Board of Directors, Manager: Full Name Address DOB Full Name Address DOB Full Name Address DOB DOCUMENTATION: Provide two copies of Articles of Incorporation for each corporation with financial involvement. Provide financial statement of net worth for all principals who have at least five percent (5%) interest in the business, partnership or corporation. The statement must be prepared by a CPA. Complete a general information form for each business, partnership or corporation. Complete a personal information form for each person who has a live percent (5%) interest in the business, partnership or corporation. Provide a Certificate of Search from the U.S. District Court for any pending civil or criminal action. NON e- NOTARY App -±eant 1k Subscribed and sworn to before me — 4- 6/-• Ae4C, , C/Z2-- q tEf Totary this ELIZABETH A. WITT idrrr.. .% NOTARY PUBLIC-MINNESOTA Notary Public ' !<.<_(-T75.-_County r, is TA COUNTY My commission expires: cV-/"6 - My co sion expires 2-16-97 REPORT BY POLICE DEPARTMENT This is to certify that the applicant, and the associates, named herein have not been convicted within the past five years for any violation of Laws of the State of Minnesota, Municipal or County. Ordinances relating to Intoxicating Liquor, except as follows Date Department Title Sir lure 1.1 - Cs, Aid 6 �_v--='9C.� _ �"�'-`-- police department PATRICK J.GEAGAN Chief of Police 1111 city of aagan KENNETH D.ASZMANN Operations Captain 3830 Pilot Knob Road THOMAS EGAN Eagan, Minnesota 55122 May pr Phone: (612)454-3900 FAX: (612)454-0718 DAVID K. McCREA PAMELA cCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMASHEDOES City AAmin itrator September 25, 1991 EUGENE VAN OVERBEKE City Clerk TO: Patrick Geagan, Chief of Police FROM: Jerry Meszaros, Lieutenant SUBJECT: LIQUOR INVESTIGATION-RICHARD'S I. INTRODUCTION The following is a police investigation/background investigation of Joyce and Richard Slattery, owners of West Jersey Associates, Inc. D. B.A. Richards. II. LICENSE TYPE West Jersey Associates, Inc. has applied for an on-sale liquor and Sunday sales liquor license. III. BUSINESS NAME West Jersey Associates, Inc. D. B.A. Richard's, 4185 South Robert Trail, Eagan. There could be a name change in the future. IV. LICENSE APPLICANT West Jersey Associates, Inc. is owned by Joyce Slattery, President, and Richard Slattery, Sr. , Treasurer. This corporation is certified in the State of Minnesota, Charter #7C-943 , Minnesota Tax I . D. #1379252 , Federal Tax I.D. #41- 1701 281. Joyce and Richard Slattery have recently moved to Minnesota from New Jersey where they were both employed in the restaurant/liquor field for many years. All personal checks came back clear on both Joyce and Richard Slattery, Sr. V. FINANCIAL The Slatterys are buying Richard 's from Richard and Maureen Stariha for $365, 000. 00. They will have a down payment of $60, 000 and a contract for deed with Richard and Maureen Stariha for the balance of $305, 000. 00. The money the Slatterys are investing into Richard's comes from the sale of their home and other property in New Jersey. THE LONE OAK TREE. . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Page two LIQUOR INVESTIGATION-RICHARD'S VI. REFERENCES The references have known the Slatterys anywhere from six years to less than one year. They all described the Slatterys as nice, caring, hard working, reliable, morally upstanding, dependable people with a solid marriage and family life. According to all references, neither Joyce nor Richard have any chemical abuse problems. Joyce's last employer, Barney Kiernad, stated that she was an excellent employee as well as a good friend. He stated she would be welcome to come back to work for him any time. He stated she was a very honest, hard working, easy going, lovely lady and that she would be an asset to our community as a business person. VII. CONCLUSION Based on the information available to me through my investigation of the Slatterys, I find no reason to deny the issuance of the on-sale liquor and the Sunday sales liquor licenses. Ir' �itt y ¢,�c rry/ Meszaos JM/kg MINUTES OF A REGULAR MEETING OF THE El1G N c!:.CQVNCL .$epta*bei 16,199 ; A regular meeting of the Eagan City;Council was held as:Tuesday,September 16, 1991,at the Eagan Municipal Center. Present were Mayor Egaitand Councalmem Wachter,Gustafson,McCrea,and Pawlenty. Also present were City Admin. istrator Hedges,Cox unsiy DCyelopment Director Dale Runkle, Director of Public Works Tom Colbert,and City Attorney Jam :Slttiiu:' row.�`�}� '• Pawlenty moved,McCrea seconded,a motion to approve the agenda for the September 16,1991,regular City Council meeting as presented. Aye: Wachter moved,Pawlenty seconded,a motioato approve:.the:minutes for the September 3,1991,regular City Council meeting as presented. Aye: POLICE DEPARTMENT/SPECIAL HUNTING PERMIT NORMAN E.SVIEN Mayor Egan introduced this item as a::special.hu.nting permit for Norman E. Svien, 1989 Shale Lane. The parcel Mr. Svien is requesting permission:to t::.is.•.owned by Gopher Smelting and consists of • approximately 80 acres. Gustafson moved,Wachter seconded,a mo hn:tti; a speciaal hunting permit for Norman E.Svien of 1989 Shale Lane. Aye: 4 Nay. 1 (McC�eaJ Councilmember McCrea advised the applicant that she was voting against the permit because, in her opinion, the City is becoming too populous for hunting. Councilmember Gustafson also noted, however,that there were 98 deer-related,vehicle accidents in the City during the period from May 1990 through August 1991. POLICE DEPART.lEP1TIS I:• G PERMIT Mayor Egan introduced.this item as a special Minting perm for Jerry Thomas,4895 Pilot Knob Road. Councilmember Pawlenty asked about an informal polk;X_that had:.kept shotgun hunting north of Ifighway 13. Mr. Thomas indicated that the primary purpose of the:permit i :iir bow and arrow deer hunting and that shotguns would be used sparingly for geese. City Administrator Hedges said the issue had been discussed with the Cis Police Department and they are confident that shot can be contained within the property. Wachter moved,Egan seconded,a motion to approve a special hunting permit for Jerry Thomas,4895 Pilot Knob Road Aye: 4 Nay: 1(McCrea) PARKS & RECREATION DEPARTMiii1T/FENC E BID Wachter moved,Pawlenty seconded,a motion to approve.tb .installation of a fence at Rahn Park Field #2 as presented Aye: 5 Nay. 0 Page 2/EAGAN CITY COUNCIL MINUTES September 16, 1991 {. Yn4.f..yD�✓ 5.; In regard to Item F,Resolution,Atilhorizing GamblingTnrmk for Minnesota Valley Humane Society for Pull-Tabs at Durning's Restaurant,4625 1 ioQ s Road,thy: ...•.•. was raised as to whether there are any restrictions on the number of gambling permitt n the:There are none,but Council requested that the issue be addressed at an upcoming �`Y' • •ffi workshop. Special notice was also taken of the Prodamation of September 16,1991,as Marlene Adam Day in the City of Eagan. Marlene is retiring after 22 years with the City and the City Council acknowledged her contribution with a key to the City and a Da!.naiggd,in.her b000r?. A. Personnelltems It was recommended that Joe Connolly.beaiped as::a: rivate consultant to oversee the contract management for the Cliff'Road Water Treafmci .: lant•(C .89-13). B. Proclamation. September 17. Citizenship Day and September 17-23. 1991. Constitution Week It was recommended that September 17 be proclaimed Citizenship Day and September 17-23, 1991, proclaimed Constitution Week in the.City of Eagan. C. Agreement.Approve Indemnity tgcment.-first Trust It was recommended that the Indemnity Agreement ietweenFirst Trust and the City of Eagan regarding the Gladys L. Nelson claim be approved. • D. Final Plat. Park Center 2nd Addit ?:`: '` It was recommended that the final plat for the Park Center 2nd Addition be approved. E. Application. 1992 Landfill Abatement Funding It was recommended that the 1992 LaridSl a ent:Foundation application be approved as presented F. Resolution.Authorizing Gambling Permit for..Minnesota Valley Humane Society for Pull-Tabs at Durning's Restaurant.4625 Nicols Road It was recommended that a resolution authorizieg'a gamblid permit for the Minnesota Valley Humane Society at Durning's Restaurant be approved as presented. ••'• G. Project 561. Receive Final Assessment Roll/Order Public Bearing (Sterns Addition - Streets & Utilities) It was recommended that the final assessment roll for be received and a 561(Sterns Addition-Streets&Utilities) public hearing scheduled for.October.LS, 1991.. • Page 3/EAGAN CITY COUNCIL MINUTES September 16, 1991 H. Project 531. Receive Final Ai : !} lic Hearing (Lexington Avenue - County Road 43 - Streets & Utilities) It was recommended that the final assessment roll for Ptojec t 531 (Lcadngton Avenue-County Road 43-Streets & Utilities) be received and the p c....a filed for October 15, 1991. I. Project 567R.Receive Final Assessment I rder Public Hearing(E$ess Addition•Storm Sewer Facilities) It was recommended that the final assessment roll for Project 567R (Egress Addition -Storm Sewer Facilities) be received and a public hearing ss d c4:fp..Qct :15, 1991. J. Contract 91-09.Receive Bids/Award Cons (Well 0161 It was recommended that the bids for ContraCC 1.-09(Wc:#16)be received and the contract awarded to the lowest responsible bidder. • K. Contract 91-10. Receive Bids/Award Contract (Well #16-Transmission Main) It was recommended that the bids for Contract 91-10(Well #16 Transmission Main) be received and the contract awarded to the lowest responsible bidder.•L. Contra. . Snow Removal Sc rviitay.gcceive Bids/Award Contract It was recommended that the bids for contractual avow moval services be received and the contract awarded to the lowest responsible bidder. M. Shows License. Dakota. Inc.. for•Fun ,September 20-21. 1991 • It was recommended that the shows•`hieense for Dakota,Inc.,for Dakota Inc., FunFest be approved as presented. N. Proclamation. Marlene Adam Day in the City of Eagan. September 16. 1991 It was recommended that Septembet: :.p99# : :.pr imed as Marlene Adam Day in the City of Eagan. O. Proclamation.Joe Connolly Day in the City.of Eagan3igember 17. 1991 It was recommended that September 17,1991,1ie prodainieas Joe Connolly Day in the City of Eagan. P. Project 621.Receive Feasibility Report/Order Public Hearing(Manor Lake 4th Addition) It was recommended that the feasibility report for Project 621 (Manor Lake 4th Addition - Streets, Utilities& Streetlights) be received and a public hearing schedules r October 15, 1991. Q• C J'�C� e. • � 7 .lis _ _���, >1i1� a �.�•!��I[ .�. ._ •'4, • It was recommended that the feasibi y'eepo f'f 'project'fil9(Saddlehorn Addition-Streetlights) be received and a public hearing scheduled for October 15, 199E 4. Page 4/EAGAN CITY COUNCIL MINUTES September 16, 1991 Pawlenty moved,Wachter secondcd a motion to approve**Consent Agenda as presented. Aye: 5 Nay: 0 ••••••• ••••••• " ...•.•.• 1410441.!NE°us.4#14'S NAME/SENiiiikiiiia FACILITY Wachter moved,McCrea seconded a motion to name the new senior housing facility"Oak Woods of Eagan." Aye: 5 Nay: 0 ........ CHAMBER OF::(0010;00:Wri'ER TO MAC ......... Mayor Egan discussed a letter sent from the C1 her of C erce to Nigel Finney of the Metropolitan Airports Commission. The Mayor said the letter.h.ad not beekendorsed by staff, the Airport Relations Commission or City Council and was concerned that the vpiiiikt be misinterpreted. He asked that the City Administrator and Assistant to the Adminis' that had been developed on this issue with the Chamber. NIXttallrAW.G.1: UNISYS TAX INCREMENT FINANCING DEVELOPMENT DISTRICT :::::•:•:•:::•:•:..... Mayor Egan introduced this item as an expansion bf the Project Area for the Unisys Tax Increment Financing District. Dave MacGillivray,the City's Financial Consultant from Sprin,gsted,Inc.,and Steve Rosholt, the City's Bond Counsel, were present to explai*i.the prop9s4 444 answer any questions. (For a complete explanation of the expansion,documents are on file.3,0:*Otijetierk). Ken Levinson,a Vice President with Northwest Airlines, expressed the airline's..:apiii.00Oii'for the Qty's assistance and cooperation with this program. Mr.Levinson then answered questlOiiiiibOut Northwest's plans and the number of employees expected to be housed at the facility. After further discussion,Wachter moved,Gustafson seconded,a motion to approve a resolution which: 1) approved Modification #1 to the development program and tax increment financing plan for Economic Development District #1 and 2) approved rire:skypippi've.erpent for the economic development district Aye: 5 Nay. 0 FINAL ASSESSMENT HEARING HILLS OF SVNEBIRIDOE Mayor Egan introduced this item as Project 597 Final Asr44jiment Hearing for the Hills of Stonebridge 3rd Addition-trunk storm sewer. Director of Public Works Colbert explained the project and the area served by it. He said all other utilities were installed in the late 70's and assessed under Project 241;however,trunk area storm sewer was delayed to a future date when that improvement was undertaken downstream from the Saddlehorn Addition. Jim Ingram,743 HackmOre Street,presented a summary OCO.oncerns shared by Mr.Ingram and several of his neighbors. • Gerald Thurstin, 4251 Stirrup Str itáithat because the project had been assessed in 1980 but not collected, it should now be collected at the 1980 rate. Mr.Colbert said the rate being quoted by Mr.Thurstin is the rate that was in effect in 1980 but a trunk areiOorm sewer assessment was never assessed with Project 241. :::-:•:•: Page 5/EAGAN CITY COUNCIL MINUTES September 16, 1.991 Tim Pomplun,746 Lasso Lane,said `ivas bis understanding that the City Council,with the assessments for Project 241, had made the statement that his neighborhood not be responsible for any more storm sewer assessments. Director of Public WdorYs Colbert said when reductions were made in the assessments associated any reference ywith Project trunk � to thine ilities being installed. The minutes do not area storm sewn ::dot: : a ed. Mayor Egan said that was his recollection also and said it unlikely the City Council would'Iiave: an assessment. He then went on to say that while he did not support the contention,he was willing to continue the public hearing to allow residents to review the minutes. Because there were no other residents print who wished to address the Council,Mayor Egan closed the public portion of the hearing. In answer to a question from Cound memo ''Pawlent:Director of Public Works Colbert said the developer of the Hills of Stonebridge 3rd Addition hac#:paid a trunk-area storm sewer assessment for every lot created as well as $55,000 toward the acquisition of ements tacit:the project. He said it had resulted in the payment of approximately 40%of the proje4:**.:COsti:INKOribert said the developer had initially objected to the amount of assessments but the City recognized that'•'tfiis project had accelerated the need for the improvement. Mr. Colbert noted that all of the Hills of Stonebridge discharges runoff to the north and none to the area associated with Project 597. After further discussion,it was suggested that residents be allowed to review the records of Project 241; therefore,Wachter moved,Pawlenty seconded,:a.motion to continue the public hearing and final assessment roll for Project 597, Hills of Stonebridge 3rd Addi4*:i;:Trunk Storm Sewer to the October 1, 1991, regular City Council meeting. Aye: 5 Nay 0 FINAL ASSESSMENT HEARING/PARK:(ZNTER ADDITION McCrea moved,Gustafson seconded,a motion'to continue the public hearing and final assessment roll for Project 583,Park Center Addition-Streeita::&'Utilities,to the October 1,1991,regular City Council meeting. Aye: 5 Nay. 0 FINAL ASSESSMENT HEARING/RUSIEN ROAD McCrea moved, Pawlenty seconded:::a:: da::tQ:. One:::the public hearing and approve the final assessment roll for Project 577, Rusten Roil.: :$its: e'lttltins and authorize its certification to Dakota County. Aye: 5 Nay: 0 FINAL ASSESSMENT LNG/WINS ADDITION Mayor Egan introduced this item as Project 592,Final Aiiiiisment Hearing.Wilmus Addition,Trunk Storm Sewer. Director of Public Works Colbert then explained the project and added that those properties included with this project had to meet two criteriem: 1) the property must lie within the drainage district served by the major pond in the drainage district,BP-6,and 2)51%of the parcel must lie within that drainage district. Because less than 51%of Parcel#10-03200420-01 was found to lic_ tithin this drainage district,it was removed from the assessment roll for Project 592,and will be assessed at*dime ime in the future with another project. George Stertz, 1760 Cliff Road, idg :: ing assessed when he believed all runoff remained on his property and drained into a: i1iv pii :oatu:prirty, Steve Marstad,1740 Cliff Road,questioned the added vat4:to his property. He also said the low area on his property has never reached a point where it has overfoweitand drained onto neighboring property. Page 6/EAGAN CITY COUNCIL MINUTES September 16, 1991 Paul Brooks, 1810 Cliff Road,statitid:his objections and atl submitted a letter of objection. Because there were no other reside*:present who wrirthO:to address the Council,Mayor Egan closed the public portion of the hearing. After further discussion,McCrea moved,Wadifer'seconded,a motion to dose the public hearing,noting all objections, and approved the final assessment roll for Project 592,Wilms Addition -Trunk Storm Sewer, with the exception of Parcel#10-03200-020-01,which has been removed from the assessment roll for this project. Aye: 5 Nay: 0 FINAL ASSES5l1NT HFl ,ING GALAXIE CLIFF PLAZA 2ND DDmON After introductions by Mayor Egan.and.Citj imnist:;a* C:'Hedges,Director of Public Works Colbert provided background on Project 598 by exp3ag:tlie asssiittlis and respread of assessments for Outlot D which according to the property owner and the City is not a buildable lot. Bill Souks representing the owners of Outlot D expressed his support for the respread of special assessments. McCrea moved,Gustafson seconded,a motion to close the public hearing and approve the modified final assessment roll for Project 598, Galaucie Cliff Plaza 2nd Addition - Streets & Utilities, and authorized its certification to Dakota County. Aye: 5 VACATIONMIC (S::ROAD After introductions by Mayor Egan and City Ad'o strakni`:Hedges,Director of Public Works Colbert explained an objection by Peoples Natural Gas which s:: ing the right-of-way vacation. Peoples would be in agreement to a 10'utility easement in pliOegilieteiisting right-of-way provided all parties concerned agree not to build,create, construct,nor allow to be'built,created or constructed, any hard surface road,building or other structure, nor alter the grade or permit such alteration on the easement without written consent of People's. Randall Kinney representing Total Petroleum Gas Station stated he was in support of the request and conditions set forth by Peoples and the City of Eagan. public and the vacation for Gustafson moved,Wachter secondeil :S: :ti�.Clvs�1��•�: hearing aPPro'n'e a portion of Nicols Road public PROPOSED IIEVOCATION/ONDITI‘NL USE PERMIT IEMBKE TRUCKIG COIi ANY After introduction by Mayor Egan,C ty Administrator Hedges provided brief background information on the Community Development Department's findings that Lembke Trucking is in default of the conditional use permit issued in 1986. Jim Sheldon introduced Annette Margarit of his office who provided a set of findings and outlined the City Council process for considering this conditional use permit default. Annette introduced City Planner Jim Sturm who responded to a number of questions;tlwt verify a findings that the conditional use permit is in violation. The Council was also shown various 404 and pictures (Exhibit A) depicting the conditions at Lembke Trucking. Coundimemher.Pa*ty:!u steel•that the U.S.Post Office,with whom Mr. Lembke does business,be notified of the imkg be1p p r•+D odb3rL mbke Trucking. Neither Mr.Lembke nor a representative was present. Pawlenty moved,McCrea seconded,a motion to approve�invocation of the conditional use permit for a trucking operation for Werner Lembke/Lembke Trucking as presented. Aye: 5 Nay. 0 • Page 7/EAGAN CITY COUNCIL MINUTES September 16, 1991 Jerry Little of 3914 Worchester Dr*,said his property bI up to the Lembke operation. Mr.Little made the following observations: bulk of is kikired in 55 gallonAfOins that are leaking there are trucks on the property that are just there to be used for paik*oise from#ktiCiation goes on after midnight,7 days a week; engines are steam cleaned outside allowing all.*::**:*:****6 into the soil;the property is an eyesore;and in the winter when the property is plowed,the into City streets. Jay Kettle,3922 Worchester Drive,asked about the procedure that would be followed to clean up the property. City Attorney Sheldon said it remains to be seen what type of court action will be needed to deal with this issue but did say that the appropriate agc.ncciiis:will*.Aisitificdto deal with the environmental concerns. ...• AMEN T/SXN ORMANCE new introduction by Mayor Egan;*-; said a ew sign ordinance had been Hedges .d reviewed by the Economic Development Corimission and diiiiiiber of Commerce in a joint task force. Director of Community Development Runkle said the Task Force looked at the new ordinance and found it to be too restrictive. A summary of their findings included retaining the present sign ordinance with two revisions. The first revision would eliminate the spacing between pylon signs and effectively allow one pylon sign per lot,and the second provided that all signs over seven feet be a permitted use and no longer require a conditional use :••••• permit. ..•.•.•.•.... Councilmember Pawlenty, who has abstaine4l from Voting on this issue to avoid thelipearance ot a conflict of interest, said he would like to participate in the diSeiiision of the issiiqrsik ... sini_Erkstiiirfrom voting. The Council agreed,however, that if the:*ent of.*:.704:force was to leavE-& original ortnance intact, they would prefer to leave as it is and nOC;i!***:Ilii'licio revisions which would in effect make the existing ordinance even less restrictive than it presently is Because it was the Council's decision to leave the existing ordinance intact without revision,no action was taken on the recommendations of the Task Force. Wachter moved,McCrea seconded,a motion to lift the moritorium on billboard applications in the City of Eagan. Aye: 4 Nay 0 Abstain: 1 .:•:•:.: ..•.-.• LIQUOR LICEP.I.St/IAPOSOAS Mayor Egan introduced this item as a liquor license for the new owners of LaFondas, 3665 Sibley Memorial Highway. The new owners were in attendance and introduced themselves to the Council McCrea moved,Pawlenty seconded,a motion to approve an on-sale liquor license for Cu;Inc.,for the LaF'onda Restaurant at 3665 Sibley Memorial Highway. Aye: 5 iN4iy: 0 GRADING PIRMrT/WEST PUBLISHING Mayor Egan introduced this item aeiiiiiiitiiiiiiernilatieWest publishing at 3753 Highway 149. Pende Eliou of the YMCA, and Steve Bryant of West $0ishing,briefly discussed the request for a grading permit thus allowing the start of the rough grading on Will Publishing's property and the site of the Page 8/EAGAN CITY COUNCIL MINUTES September 16, 1991 future YMCA. Mr.Eliou noted that gettiugitbe grading underviiii:lould assist the Y in its fundraising efforts for this new facility. ' Concerns were expressed about the:';iiocess.being.•fq ed for the grading permit but Director of Community Development Runkle noted,under...**:C ;a request for a grading permit can be made through the City Council process. Numerous questioris:vaereasked regarding the preliminary sketch of the"Y site"and Harry Gallaher,representing West Publishing,said the specific facilities shown in the sketch were shown more to indicate the size of the area than an indication of what will actually be built. He said the YMCA building consisting of Administrative offices and a daycare with accompanying parking lot are scheduled to be platted and constructed first. Any add additionallacilities..willAte.pliiised in over a period of time and will be dependent upon the types of facilities developed*tl**.***the:imeantime.• Councilmember Wachter expressed his comers that ninny trees would be lost in grading this site. Director of Public Works Colbert said the topograpli3:of the property is very severe and said it was hard to imagine that saving many of the trees would.be..practica;;,.C ember Gustafson asked what would occur if the property were graded and then the ptiojed::did not:.g0 Hard. Mr. Colbert said the City requires a restoration plan with the grading permit application;however;the restoration required is to control erosion,etc., not for restoring the land to its original condition. City Administrator Hedges explained the reasons for the seeming"fast-track" for this grading permit application: 1)the availability of the grading equipment,2)the time of the year,and 3)an in-kind donation for the grading of the site. He also noted that ile.the City had discussed participating in a joint facility with the Y, the City is no longer a part of the transa• :and::iis.:processing the grading permit only Councilmember McCrea said her major concern was that the City remain eonMstent and treat all applicants with the same degree of consideration in the future. Gustafson moved,Egan seconded,a motiion:#p:apptbve'a.grading permit for the YMCA site considered Outlot C and part of Outlot B of West Pubtk in :4th Addition subject to a final analysis and detailed approval by City staff and, further, that if the grading permit application reveals total excavation material in excess of 100,000 cubic yards, a conditional use permit process will be required for the grading permit issuance. Director of Public Works Colbert said a performance bond in the amount of 5500 per acre is a requirement of the grading permit application. Councilmember Wachter asked that a tree inventory of the site be performed so a ratio for replanting could;be d teri�i ne Aye: 5 Nay. 0 CEDARVAIE AREA:RETAIL STUDY Mayor Egan introduced this item as a request for authoriiation to retain a consultant for the Cedarvale Area Retail Study. City Administrator Hedges explained what the Study would cover and that funding would come from a Community Development Block Grant. In answer to a question from Councilmember Pawlenty,Director of Community Development Runkle ''• the those dollars would said that Cedarvale has fallen on hard times and while grant monk;are funding Study, be returned if Cedarvale became more successful aacl Apprecsted m'value. Councilmember Pawlenty asked what the appropriate role for the City would be ni t oi#ati :4S Y would take if another financially troubled shopping center requested assistance. Council..:coiiti i d•'diadission of their concerns; however, City Administrator Hedges noted that Cedarvale is unique in that it is:a:a Community Shopping Center district,it has had no expanded valuation within the past few years and has been decreasing in value as evidenced by their having gone to the County with requests to lower their value. Page 9/EAGAN CITY COUNCIL MINUTES September 16, 1991 •.• McCrea moved, Gustafson second a motion to appr4iiii•.ihe authorization to retain a consultant to undertake a retail redevelopment study of the Cedarvale area. Aye.: 3 Nay: 2(Pawlenty& Wachter) •••••••• BOULEVARD MAINTEOOFE/CFDOW4LE RETAIL AREA Mayor Egan introduced this item as consid*Ciiii ionf expanded boulevard maintenance for the Cedarvale Retail area City Administrator Hedges said a question has been raised as to whether the City can expand boulevard maintenance in the Cedarvale Area. It was noted that if maintenance is increased to Cedarvale, it would require a shift in priorities from other areas. After further discussion,Gustafson moved,Mrea.econded,a motion to direct staff to further develop the concept of expanded boulevard maintenance in the..0edarvalet;*.a for future Council consideration. Aye: 5 Nay: 0 .....•.•.. SPECIAL PEIRMIT/CHRISTMAK:TFEF:WES/1;110MAS LAKE CENTER • Wachter moved, McCrea seconded, a motion to approve a special permit for James Bartizal for temporary Christmas tree sales on an Outlot at Thomas Lake Center located in the SW 1/4 of Section 28 subject to the following conditions: 1. The permit is temporary and shall expire after December 25, 1991. .•.•.•.•.•.•.•.•...•.. ................ 2. The permit shall be subject to alliiiiKii*94c.fequirements. •• 3. Clean-up of the site is required by January 5, Aye: 5 Nay 0 • • BEAKYARDAEJ&Knillamwsintulluiumu Mayor Egan introduced this item as a Variance for Steve A.Brummer,1254 Dunberry Lane,for 10'to the Required 15'Rear Yard Setback for an Accessory Building. Mr.Brummer indicated that he was requesting the variance in order to build an accessarylwilding.in.iiis..backyard. By placing the building in part of the setback,it would not disturb the natural draiitaiki**iijC.:**iiiild allow him to preserve a large oak tree on his property. Mr. Brummer's neighbor was present and said he did not object to the variance. Wachter moved, Gustafson seconded, a appro variance for Steve A.Brummer of 1254 Dunberry Lane for a variance of 10'to the required W:Oar yarcL:Otback subject to the following conditions: 1. No other variances shall be granted to this lot. 2. A building permit shall be applied for through the aty's Protective Inspections Department. 3. All other City Code Requirements. Aye: 5 Nay: 0 Councilmember McCrea left the City Council meeting at 1th50 p.m.because of illness. Page 10/EAGAN CITY COUNCIL haNcrygs.. September 16, 1991 • •:•:•:••••••••••••:•:•••••:•:•:•:•:•:•••••••••••••••••••••••••• :::::::::•••••••••••••••••-*-••- '••••• REiaLUTION/PROJEdi:611 Wachter moved,Egan seconded,a m6on.....to approve a:residution- approving and accepting a permanent easement for public water wells and water in regard 1 Piojcct 611,Well#16. Aye: 4 Nay: 0 • REsournciiiiiitoiEcr 600 Gustafson moved,Egan seconded,a motion to approve a resolution approving disbursement of public funds for a temporary construction easement in regard to Project 600, Intersection Construction, Opperman Drive&Highway 149. Aye: 4 Nay: 0 ....••••.::::::*••••••••:*••••••-••••••••:**-•:**7•:-"•••••:-:•:••••:•:::: •-.•:•:•:•:••••• • CHECKIAST Wachter moved,Egan seconded,a motion to approve theiiieeklist dated August 31,1991,in the amount of S926,336.16 and the checklist dated Septendietlk19941tctlie*:..amount of$1,118,528.25 .•.••••••••••• ADJOURNMENT The City Council adjourned the regular meeting at approximately 11:10 p.m. KF CITY OF EAGAN ••• • J.VanOverbeke City Clerk ••••••••• •• ....... . • ••••••• .....•.• ...•.• • : : •