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10/15/1991 - City Council Regular I AGENDA • REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING OCTOBER 15, 1991 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. FIRE DEPARTMENT 04 l 1. Safety Camp Recognition 11 Li 2. Recognition of Retiring Firefighters r IV. 6:55 - CONSENT AGENDA (PINK) - C. A. PERSONNEL ITEMS . 6 B. DEFERMENT, Senior Citizen Special Assessment - Wi.gley 0 C. APPOINTMENT of City Representative on Metropolitan Council's Airport Re-Use Committee p. D. RESOLUTION Regarding Settlement of Assessment Appeal, Project 566 (Coventry Pass Trunx Utilities - Perron) (1 E. CONTRACT 91-07, Final Payment (1991 Sealcoating) r2—' F. CONSIDERATION of Consent to Show Easements in Torrens Certificate, Lot 1, Block 2, Oak Chase 3rd Addition A. t i G. AUTHORIZATION to Eliminate Local Board of Review (7' V. 7:00 - PUBLIC HEARINGS (SALMON) il ,dZ-(A. VACATE Utility Easement, Lot 2, Block 1, Unisys Park 2nd Addition , ;). B. PROJECT 531, Final Assessment Hearing, Lexington Avenue - Streets and Utilities ?, C. PROJECT 561, Final Assessment Hearing, Sterns Addition - Streets and Utilities FlD. PROJECT 567R, Final Assessment Hearing, Effress Addition -Storm Sewer fj E. PROJECT 621, Manor Lake 4th Addition - Streets 6 Utilities : G` F. PROJECT 619, Saddlehorn Addition - Streetlights 11 : VI. OLD BUSINESS (ORCHID) A. ORDINANCE AMENDMENT, City of Eagan, Amending Chapter 11 (Zoning) of the Eagan City t' Code Regarding Outside Storage ;Z B. CONDITIONAL USE PERMIT, Tom Thumb Stores, to Allow Outdoor Storage on Lot 1, Block 1, (2. J Bicentennial Addition, Located along the South Side of Yankee Doodle Road in the NE 1/4 of Sec 16 63 C. CONDM , , . d I. Storage in ITIONAL a USE CSC PER(Co ITmmunity Shopping Holiday Stationstores Center) District Inc , to Located Allow on Outdoor Lot 1, Block 1Displays, Marani i Acres 2nd Addition, at the NW Intersection of Nicols Road and Cliff Road in the SW 1/4 of Sec 30 VII. NEW BUSINESS (TAN) • (2.4'11 A. REQUEST to Waive Park Shelter Fee, Trapp Farm Park, Tiger Scouts Pack #452/John Griggs 4091 Vermont Avenue r D OB. RESOLUTION Authorizing Cleanwater Partnership Program Grant Application for Fish and V Blackhawk Lakes . (O(C)5.C. CONSIDERATION of $6,450,000 in Single Family Mortgage Revenue Refunding Bonds, Series • 1991 1 1 1 2PD. SPECIAL USE PERMIT, Boy Scout Troop #345, for the Temporary Sale of Christmas Trees, on Located in Outlot D, Park Center Addition WE.).E. SPECIAL USE PERMIT, Boy Scout Troop #510, for the Temporary Sale of Christmas Trees, r on Located in Outlot A, Town Centre 70 - Ninth Addition ,�21F. EXTENSION, Preliminary Plat, Heller Addition, Located Along the North Side of Skyline Road in the SE 1/4 of Sec 4 i G. EXTENSION, Preliminary Plat, Ss. Martha & Mary Addition, Located at the NE 1`.� Intersection of Diffley Road & Lexington Avenue in the SW 1/4 of Sec 23 ZH. PRELIMINARY PLAT, Wescott Square 2nd Addition/New Horizon Homes, Inc. , Consisting of 124 42 Units on Approximately 6.1 (Previously) Zoned R-3 (Townhouse) Acres Located Along the South Side of Yankee Doodle Road, West of Elrene Road in the NE 1/4 of Section 14 VIII. ADDITIONAL ITEMS (GOLD) . 1(f.P A. CONTRACT 91-12, Consider Plans/Authorize Advertisement for Bids (Manor Lake 4th PAddition) /VI B. RESOLUTION Regarding On-Street Parking for Yankee Drive ( l IX. ADMINISTRATIVE AGENDA (GREEN) • X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT 11110 MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 10, 1991 SUBJECT: AGENDA INFORMATION FOR THE OCTOBER 15, 1991 CITY COUNCIL MEETING After approval is given to the October 15, 1991 City Council agenda and the regular meeting minutes for the October 1, 1991 meeting, the following items are in order for consideration. DEPARTMENT T;HEAD) BUST SS ..................................................................................................... ..................................................................................................... .................................................................................................... A. FIRE DEPARTMENT Item 1. Safety Camp Recognition--The first ever Safety Camp coordinated by Fire, Parks and Recreation and Police was held August 5 through August 7 at Thomas Lake Park. As mentioned in previous informative memos, the Safety Camp was regarded as a huge success • by the youth participants, their families, the volunteers and City staff that were part of the event. In addition to the many volunteers that gave their time, planning and participation in the Safety Camp, there were eleven local businesses that contributed to the event. In an effort to recognize the businesses special presentation will be made by Mayor Egan along with a representative of each of the City departments including Fire, Police, and Parks and Recreation at the meeting on Tuesday. Enclosed on pages o? through 3 is a copy of a letter from the City Administrator inviting each of the businesses that are listed on the attachment to the City Council meeting. There is no formal action required on this item. • October 7, 1991 1" 2" Dear 3" The City of Eagan would again like to thank you and your business for the contribution you made to the 1991 Eagan Youth Safety Camp. You will be pleased to know that the Safety Camp was a great success. The information and hands on experience provided to the children will make a life time difference in their personal safety. Because of your generosity and commitment to our youth, the City of Eagan City Council would like to invite you to our next City 0 Council meeting on October 15, 1991 at 6:30 p.m. , located at 3830 Pilot Knob Road, Eagan, MN. At this time we would be honored to present you with a plaque as a token of our appreciation. Sincerely, Thomas L. Hedges City Administrator TLH/j eh s MCDONALDS RESTAURANT 1995 SILVERBELL ROAD CUB FOODS OF EAGAN ANDON, INC. EVAN MN 55122 1940 CLIFF LAKE ROAD 1230 E 66TH ST : TOM BUTLER EAGAN MN 55122 RICHFIELD MN 55423 ATT: STEVE SZONDY ATT: DICK MOORE AL BAKERS RESTAURANT CELLULAR ONE EUROPEAN BAKE SHOPPE 3434 WASHINGTON DRIVE 1717 C.R. 42 2143 CLIFF ROAD EAGAN MN 55122 BURNSVILLE MN 55337 EAGAN MN 55122 ATT: AL BAKER ATT: CATHERINE CLARY ATT: IVAN FRITO LAY KRAFT-AMERICAN RAINBOW FOODS 7180 WEST COMMERCE CIR 2864 EAGANDALE BLVD 1278 TOWN CENTRE DR FRIDLEY MN 55432 EAGAN MN 55121 EAGAN MN 55123 ATT: JOHN HNATH ATT: ED SANFORD ATT: GEORGE MARGKRAFT AllILF CAR MIDWEST TARGET 0 WEST HIGHWAY 13 2000 CLIFF LAKE RD BURNSVILLE MN 55337 EAGAN MN 55122 ATT: RICHARD TAYLOR ATT: RENEE RIPLEY III 3 Agenda Information Memo October 15, 1991 City Council Meeting • Item 2. Recognition of Retiring Fire Fighters—There is a tradition that fire fighters who retire as a member of the volunteer fire department receive recognition for their years of service at a regular City Council meeting. There are six (6) fire fighters who have retired during 1991 and Chief Southorn along with Mayor Egan recognize the six that are referenced in Chief Southorn's memo attached on page Egan the meeting on Tuesday. There is no formal action to be considered on this matter. • Agenda Information Memo October 15, 1991 City Council Meeting • tcONSENT*MIA There are seven (7) 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. Basketball Score Keepers--Recreation Supervisor Oyanagi is recommending that the City contract with Paul Bedney and Cory Dunkrik as score keeping officials for the adult basketball league. ACTION TO BE CONSIDERED ON THIS ITEM: To approve contracting with Paul Bedney and Cory Dunkrik as score keeping officials for the adult basketball leagues. Item 2. Seasonal Forestry Tech--Because of a vacancy, it was necessary for City Administrator Hedges to approve the hiring of Jamie Marusich as a seasonal forestry tech. • This item is informational and no action is required on the Council's part. DEFERMENT/SENIOR CITIZEN SPECIAL ASSESSMENT/WRIGLEY B. Deferment, Senior Citizen Special Assessment - Wig ley--An application for a senior citizen deferment has been received from Mr. and Mrs. Lawrence Wigley. The Wigleys live at 1450 Skyline Road, parcel no. 10-77250-070-001, and have been assessed under Project 543. All conditions for eligibility as contained in Section 2.75 of the City Code are met with this application enclosed as page 7 . Enclosed without page number is a copy of their 1990 tax return showing gross income and an assessment search of the property including the eligibility calculations. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the senior citizen deferment for Mr. and Mrs. Lawrence Wigley at 1450 Skyline Road,. • 6;4 APPLICATION AND AUTHORIZATION FOR DELAYED PAYMENT OF TAX ON SPECIAL ASSESSMENTS FOR SENIOR CITIZENS' HOMESTEAD • LAWS 1974, CHAPTER 206 STATE OF MINNESOTA) . COUNTY OF DAKOTA ) -DATE -21.7A/ ,.0 1 TO: County Auditor, Dakota County, Minnesota / I, the undersigned, declare under penalties of perjury: . That I reside at / < , „ ` _ - - - /.--, IA ,,,, L`-_-/ / That I am not less t an 65 years .f age and that the date. of my birth is 3 . z -7 - z . • That I am the owner of the property legally described as: /4./.. -e 5A- /,' . ,g _ z r '11 .Z -or 71 7./z-- E F-ce E 4ejC s- S , Property Identification No./O_7 7z .-O-c�7n That my interest in the ownership of the above property was aquired on ,c4 .,-, 4„„. /4 7 ;- - 1950 and is as follows: 1. Sole ownership (Enter Yes, if applicable) 2. Joint tenancy, held with v_ - _M-,... -J_j _ y _ ._ _ __ -- _ ___. 3. OTHER undivided interest (Specify) / That on January 2, 19 y / or June 1, 19 I owned and occupied the above property as my homestead and such occupancy began on r/, 19 ,$-/ . • That the installments for improvements on the SPECIAL ASSESSMENTS duly adopted in ordin- ance by the 67_ , 7t v L c? ,A « c. , L OF /_ Q el . A-, AS OF 7 - 19 yi which have been allocated against the subject property would create undue personal hard- ship on my behalf and I respectfully request that payment be delayed and that such in- stallments be so deferred for the years 19 42 to .sa./ 6 or de.a4I, al o iv1e 5 • Laws er,Q.2 lCi:<f uJr.z `( le,), , /2 IP SIGNED 7 S OV ER SPOUSE ( FOR CITY USE ONLY I, , Clerk of the OF IN County, State of Minnesota, do hereby certify that the application of above named, has been duly reviewed and that in ac:crdance with the minutes of official record in said chambers was duly : APPROVED or DENIED as of 19 That in accordance S'1=ti apprc a1 3,- 71t.-4, the SPECIAL AccrceurNTS 1;eted 1,01.-.w en the affiants subject property levied for annual collection in the amounts and for the years shown be so deferred with interest at the annual rate shown until such time as it is deemed the applicant no longer qualifies or the property loses its eligibility. ASSESSMENT DIP NO. TOTAL AMOUNT YEARS INTEREST RATE • • II DATED 19 Clerk or Authorized Deputy . (over) Agenda Information Memo • October 15, 1991 City Council Meeting METROPOLITAN COUNCIL AIRPORT REUSE COMMITTEE C. Appointment of City Representative to Metropolitan Council's Airport Reuse Committee—As was discussed at the October 1, 1991 City Council meeting,the City has been asked by the Metropolitan Council to appoint a representative to serve on the Airport Reuse Committee whose charge is to advise the Metropolitan Council on general development policies for the reuse of MSP should legislature decide to build a new major replacement airport in the Dakota County search area. The committee will meet more or less monthly through October, 1992 with a report to the legislature in January, 1993. Assistant to the City Administrator Hohenstein covered the first two meetings of the committee in advance of the council's permanent appointment. As a consequence of staff's review of the direction of the committee following its first two meetings, it is suggested that Jon Hohenstein be appointed as the regular member and that Dale Runkle be appointed as an alternate member to represent the City in this regard. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint Jon Hohenstein and Dale Runkle as the regular and alternate members respectively of the Metropolitan Council's Airport Reuse Committee on behalf of the City of Eagan. • g* Agenda Information Memo October 15, 1991, City Council Meeting • RESOLUTION OF ASSMT APPEAL/COVENTRY PASS D. Resolution of Assessment Appeal,Project 566 (Coventry Pass Trunk Utilities -Perron)-- At the time of the final assessment hearing for the above-referenced project, the property owner for Parcels 10-02400-010-79 and 012-80 (Leonard Perron) objected to the assessment and subsequently appealed it to District Court. As a result of processing this appeal, a settlement agreement has been reached. This agreement has been reviewed by City staff and the City Attorney's Office and found to be in order for favorable Council action. Enclosed on page /0 is a Resolution for Council's approval authorizing the Mayor and City Clerk to execute the Stipulation For Settlement Agreement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Resolution adopting a settlement agreement to the assessment appeal for Project 566 (Coventry Pass Trunk Utilities - Perron) and authorize the Mayor and City Clerk to execute all related documents. S • RESOLUTION OF CITY OF EAGAN ADOPTING SETTLEMENT AGREEMENT WHEREAS, Leonard Perron and Arlene Perron are the owners of Parcel numbers 10-02400-010-79 and 10-02400-012-80 ("Subject Property") ; and WHEREAS, on April 2, 1991, the Subject Property was assessed by the City of Eagan for trunk sanitary sewer and trunk storm sewer improvements as part of Public Improvement Project No. 566; and WHEREAS, Leonard Perron and Arlene Perron brought an action in District Court appealing the sum of the assessments known as Leonard Perron et al. v. City of Eagan, Court File No. C6-91-7040; and WHEREAS, the parties have agreed to settle this dispute according to the terms described in the attached Stipulation for Settlement. NOW THEREFORE, BE IT RESOLVED, that the Eagan City Council hereby adopts the attached Stipulation for Settlement resolving the Perron Assessment Appeal and authorizes the Mayor and City Clerk to execute the Stipulation on the Citys behalf. • CITY OF EAGAN By: Thomas A. Egan Its: Mayor Attest: By: E. J. VanOverbeke Its: City Clerk V2) Agenda Information Memo • October 15, 1991, City Council Meeting AUTHORIZE FINAL PYMT (1991 SEALCOATING) E. Contract 91-07, Authorize Final Payment (1991 Sealcoating)--The 1991 Sealcoating program for the City of Eagan has been completed with final inspections being performed by representatives of the Public Works Department. As a result, the request for final payment and acceptance subject to warranty provisions is being presented to the Council for their consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final payment for Contract 91-07 (1991 Sealcoating) in the amount of $8,062.52 to Allied Blacktopping, Inc., and accept the improvement subject to appropriate warranty conditions. S • < Agenda Information Memo • October 15, 1991 City Council Meeting CONSIDERATION TO SHOW EASEMENTS LOT 1, BLOCK 2, OAK CHASE 3RD ADDITION F. Consideration of Consent to Show Easements in Torrens Certificate, Lot 1,Block 2,Oak Chase 3rd Addition--Enclosed on pages 1.3 through /6 you'll find correspondence from the City Attorney's office covering a consent document and exhibit relative to this matter. As the correspondence indicates,your requested action does not diminish the City's rights and obligations with respect to this property and will clarify the title for purposes of marketing. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the request and authorize the Mayor and staff to execute the consent document to permit appropriate easements to be shown in a legal description of the subject property as presented. • • SEVERSON,WILCOX& SHELDON, P.A. • A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW LARRY S.SEVERSON• KENNETH R.HALL J.JAMES PATRICK K 600 MIDWAY NATIONAL BANK BUILDING "'SCOTT D.JOHNSTON MICHAEL CHAELK WILCOX*WIOUGH 7300 WEST 147TH STREET LOREN M.SOLFEST MICHAEL E. MO LENDA Y APPLE VALLEY, MINNESOTA 55124 CHRISTINE M. SCOTILLO MICHAEL E. MOLENDA'• ANNETTE M. MARGARIT (612) 432.3136 DANIEL M. SHERIDAN TELEFAX NUMBER 432-3780 SHARON K.HILLS ' ALSO LICENSED IN IOWA : E F COUNSEL: **ALSO LICENSED IN WISCONSIN JOHN O O COUNSEL ...ALSO LICENSED IN NEBRASKA • • October 9, 1991 Tom Hedges, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Re: Lot 1, Block 2, Oak Chase 3rd Addition Dear Tom: Lot 1, Block 2 , Oak Chase 3rd Addition is a property in the City of Eagan. The property is divided into two parcels, the north 255 feet• is owned by the City of Eagan. That property primarily is comprised of the Northern States Power Company Easement (highline) over that property. The remainder of the property is privately owned. When Eagan received Title to the property the Deed conveyed the property to the City subject to various easements. The property deeded to the southern owners also listed the highway and utility easement to the City, and an instrument creating a valid non-exclusive easement for driveway over and across some adjacent property. The owners of the southern piece of property are asking that the City consent to showing the easements in the official legal description of their property on the Torrens Certificate. We reviewed the matter. The City's rights and obligations are unaffected by any action of this matter. The consent being requested from the City simply makes the Title marketable and is appropriate in our opinion. For reference I am enclosing a Consent prepared by the property owners. We recommend that the mayor and clerk sign and return to our office for forwarding. If you have any questions I will be glad to discuss this matter in detail. I assume you will place this matter on the consent agenda. Very truly yours, SEVERSON, WILCOX & SHELDON, P.A. James F. Sheldon JFS/wkt Enc. • IN PROCEEDINGS SUBSEQUENT TO INITIAL REGISTRATION OF LAND COURT FILE NO. C5-91-8342 S STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT . In the Matter of the Petition of: George H. Hoey and Diane C. Hoey, single persons CONSENT For an Order Adding Appurtenant Easements The City of Eagan does hereby consent to the prayer for relief in the Proceedings Subsequent being brought by George H. Hoey and Diane C. Hoey, that the utility easements across its property which are set forth in Document No. 93225 be set forth in the body of Certificate of Title No. 63156. CITY OF EAGAN By Its By Its STATE OF MINNESOTA ) COUNTY OF DAKOTA ) The foregoing instrument was acknowledged to before me this day of by , the of the City of Eagan and the of the City of Eagan. Notary Public 410 I < ... . _ .. . . - . . .. . . . -a^_ ,. „,_. ■-•• •' .•!... • - • ....„-.. -j_:X7:- 06.66 , -* .?4%''''---'-'.04to.ta•--.: -,--• - - ----... - -•---. ' •-- '-'_..,L..,_ ..-••it-'.....e".•jr 1,- . -. .--,6,311N-1, • . .••• .e.i..- ,.-"1...•"" , ' ;•,*".•.1,-u..'4":,-": .--, ..„ ,..,..:-. ...., - :-- ,-•:- •...•• - : ''• '": :. - •".. ... -... ' -.-.• - -- .-- .- . - .. .... _ . . , . . - - . - - - - - - - -- - - OAK CHASE THIRD Ni Cs46dre of 64477/L4■./c 44 SO,4? wAs-s** Seftrai-id ..-. —FO 01 1 uk SA_f g.l e 1:/ .1 /14.00 -- uERSS .11 Rt: 76 WILDERNESS 4•: /7R-UN-- ROAD D_ / P a / ZZ Kt :I• iO ' / Alt 4" PI .'D. 1 Narroreed %TAM'S #.4.4•e co. argsfmno- N \ —1•-- t 1 —. . .140 t • • • ek ow t 44 •-.1• .... .4.- ,:•4 NI • • • „t■ '.... 01 •• • l• si No1•44. I 2 —_. ... .-. -■ :..: :......: . 4.4. Ir1/41 Wee*.4,Iv tr,, -- -- 4tte. . ! po,:;-'>e —ti.r:).%tvet.---voY d.Z44:3_:\13739,1t.1,. sfr i— •1.70. / i is .... ,vit'S7:4V ,... •••: , ::::** .......•-- e. ,.07, 1 .... • si . Afew.ow'cry- •# .1. .• sell'.,75•tekz ; 16. Poe wir.•ikt•sr.c e4P *4142,4 '2LS AZS- I 4° 1 .1.. • if. -^i■ N. ... a Leaf eat Apos---a 1 •■!..ip. .-..,4,..... 0 -k _ , fr olurwrsav 64.4ftrAf A" rwsr 4 'T- # e .' rii:1 /or , I I 4 fir au Sr ir.ic-or 4.. owy 4.....rs ■ 3 ..4.• s, N, 4 • .j-oases* NIP144.. I a*14 it -.."..... 4 CHAar. " 11. 14.1 . ' 1.41.1.11 as• 4 4 1'•0 484 \ •• marms.47_AAA(Ay 4:ww.irm Ow.I I la i i# • . ‘..-•,,•-•IS 414) ' " 0 ft' 4 ''1•6.,_ c•,. I. • • .. 'ten Sios ' I . -•■• • \ .. ko • -16,•, ,,• w • / .....--.0 - •I• f,' ,,,,,ir . .• ..... •• 5 / ...••,-.. ID ww:•1. '' ,/ .41-...et ...- —...... Agenda Information Memo October 15, 1991 City Council Meeting • BOARD OF REVIEW G. Authorization to Eliminate Local Board of Review—Enclosed on pages II through ?-for your review is correspondence from Dakota County Assessor Mary Puiju with respect to certain changes in State law which permit cities to eliminate local boards of review for property tax valuation issues and permit and encourage residents to address concerns directly to the County assessment staff and the County Board of Equalization. This legislation was supported by the City of Eagan and Dakota County as part of their legislative policies in previous years. To effect this change, it is necessary that the City's action in this regard be communicated to the County Assessor before December 1 of any year o be effective in the following year. In that regard, enclosed on pages.23 through �i, you will find a copy of a resolution to that effect. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution eliminating the local board of review for the City of Eagan and to permit all activities previously undertaken by the board of review to be transferred to the County Board of Equalization and County staff. • 1 7 MARVIN ASS ESSOR A. PULJU DAKOTA COUNTY ASS (612)438-4200 OPr0" C0G��� DAKOTA COUNTY GOVERNMENT CENTER 1590 HWY 55,HASTINGS,MINNESOTA 55033 +..A'NBSO�P 1 V I N OCT 71991 October 3, 1991 I✓ Mayor Thomas Egan City of Eagan 2969 Inland Road Eagan Mn, 55121 Dear Mayor Egan: Last year the State Legislature enacted legislation which provides an opportunity to improve the assessment and review process in Dakota County. This legislation was sought by the Dakota County Board of Commissioners with the written support of Burnsville, Eagan, and Rosemount, and the verbal support of many other cities and townships in the county. Since 1970 all assessments of real and personal property in Dakota County have been handled by the County Assessor, unlike most other counties in which many cities and townships must also undertake assessment functions. i believe this has been a remarkably cooperative relationship, and one that can serve as an example for others as they discuss opportunities for local government to consolidate services. The new legislation permits cities and townships to streamline the valuation process for taxpayers, by providing them convenient opportunities for discussions with assessors and enabling them to present their issues directly to the final decision-making entity - the County Board of Equalization. Such action would eliminate the local board of review, and would remove an "extra step" in the valuation process. We believe this has been frustrating and inconvenient for taxpayers, widely misunderstood, and costly for all of us to administer. I believe there are benefits to all from eliminating the local boards: * Taxpayers would not have to wait long evening hours to review their concerns with County Assessor staff. Instead, they could appear or schedule appointments at their convenience, day or evening. ig AN EQUAL OPPORTUNITY EMPLOYER mow * City Councils and Town Boards would no longer be required to hold Local Board of Review meetings. Opportunities for citizens to comment about tax rates would be preserved through Truth-In-Taxation hearings, and valuations would still be appealed to the final governing board, the County Board of Equalization. * The County Board of Equalization will become more accessible to taxpayers. It can now meet at various locations around the county anytime during April, May, or June. Previously state law required the Board to meet only in Hastings and only during the last two weeks of June. * We can reduce taxpayer frustration, and the Assessor can deal with the valuation concerns of citizens rather than their annoyance with the process. Overall, the County-wide Board of Equalization would better accommodate the needs of our constituency and would be a more efficient system. I believe it would be another significant step toward more efficient local government in the county and would further demonstrate our commitment to local government cooperation. Therefore, it is our hope that you exercise your right to transfer the duties of the Local Board of Review to the County Board of Equalization. Please note that, according to the statute, "A transfer of duties as permitted by this section is 41,. permanent and must be communicated to the county assessor before December 1 of any year to be effective for the next year." During our discussions with city managers and administrators, it was suggested that we develop the enclosed resolution for your use. I have also enclosed a brief paper outlining the issues in greater detail. If you have any questions, or would like to meet with me in person, please do not hesitate to call. Thank you for your consideration. Sincerely, ruin Pul ' Dakota County Assessor • cc: Thomas L. Hedges, Administrator 1,G\ 411 Background Information Boards of Review/Equalization Dakota County Demands on the board of review/equalization process have greatly increased in recent years. Increasing property values and rapid growth in both the number of parcels and the population of the county have contributed to a tremendous strain on the system. In Dakota County, attendance at local boards of review and the County Board of Equalization has increased dramatically in recent years, with a peak of 3,300 attendees in 1990. Recent changes in the State's tax laws will likely maintain or increase the level of interest. Therefore, we thought it was time to reconsider ways to handle such attendance more effectively. There are no assessors employed by the local communities, and the entire assessment cost is a responsibility of the County. County Assessor's Office personnel are solely responsible for establishing market value on all real property (approximately 105, 000 parcels) . The same staff members attend all thirty-four (34) local board of review meetings, as well as the County Board of Equalization meetings, to meet with county residents and answer questions. It is still the intention of the County to continue the "open book" informal, meeting process. These meetings are held in various locations throughout the county, and have allowed easy access for the public. Currently meetings are required to be held in all thirty-four taxing jurisdictions during the months of April and May. Typically these are evening meetings for the convenience of the Board members and taxpayers. However, many taxpayers work evenings, thereby making attendance a hardship. It is not uncommon to have between 200-500 taxpayers in attendance at a Local Board of Review meeting. The volume of inquiries, along with the limited available time to review them, makes this system both inefficient and costly. It simply is not feasible to handle 3, 300 taxpayers during thirty- four evening meetings. It is not efficient, or safe, to transport up to 18,000 appraisal records to each local community as required by law. The time span between local boards and County Board of Equalization is not sufficient for our staff to complete the review process. Also, taxpayers do not have sufficient time to prepare evidence which may support their position. a(:› RATIONALE: The following are reasons why we believe it would be a good idea to have only one county-wide equalization board in Dakota County: 1. Currently it is difficult for the Local Boards of Review to serve people in a timely, efficient and structured manner in the allocated time frame. Also, for Assessing personnel to attend thirty-four Boards of Review meetings at various locations over a two-month period is demanding, costly, and an inefficient use of staff time and tax dollars. 2 . Most of the cities and townships do not have the facilities to handle a large crowd of people, and it is difficult to conduct a structured and organized meeting in a few hours. Some of the meetings continue until midnight, and some people have waited four to five hours to talk to an appraiser. People often leave because they get angry and tired of waiting. 3 . With large numbers of people attending, it is difficult to hold effective meetings and meet the objective of reviewing the current year's assessments. Sometimes the meetings take on a political tone, which the crowds resent, as a result, people become more difficult to deal with, even on a one-to-one basis. 4 . The county-wide Board would operate during the months of April, May and June, giving Dakota County residents an opportunity to schedule time to appear at the hearings. 5. The County Board of Equalization could hold their meetings in various locations in the county allowing easier access and time saving to the residents wishing to appear before the Board. 6. Members of the County-wide Board of Equalization are currently appointed by the County Board of Commissioners. The appointed board consists of appraisers, realtors, and others who are knowledgeable about the real estate market in Dakota County. 7. The extended time period of the meetings would allow more time to educate and discuss taxpayer concerns. 8. The reality is that few value changes have ever been recommended by the Local Boards of Review in Dakota County. Any change that might be made by local boards is subject to final review by the County Board of Equalization. The new legislation eliminates this duplication and allows the taxpayers a hearing directly before the final decision-making board. 9. The governing body or town board has the option to 410 transfer the duties of the Local Board of Review to the County Board of Equalization. a � • • • Sec. 2. (383D.73) ASSESSMENT REVIEW. The governing body or town board of any home rule charter or statutorx city or town in Dakota county may transfer the duties of the city or town board of review or board.of equalization under Minnesota Statutes, chapter 274, to the county board of e(utilization. A transfer of duties as permitted by this section is permanent and must be communicate( to the county assessor before December 1 of any year to be effective for the next year.. 1 he county board of equalization shall n►ecl ► urinl; April, May, and .tune at the places determined by the county board of commissioners. The county assessor shall attend each meeting of the count board iodization at which ;oldie Letitin►onv is to be taken. Sec. 3. EFFECTIVE DATE. Pursuant to Minnesota Statutes, section 645.023,subdivision 1, clause (a), this act takes effect the day after final enactment. Presented to the governor May 31. 1991. Approved June 4, 1991. • • CITY OF EAGAN • RESOLUTION AUTHORIZE ELIMINATION OF LOCAL BOARD OF REVIEW OF CITY OF EAGAN WHEREAS, the Eagan City Council has been required by State Statute to establish a Local Board of Review; and WHEREAS, the Local Board of review of the City of Eagan currently meets annually to review the property assessments as established by the Dakota County Assessor for all properties within said city; and WHEREAS, said Local Board of Review meetings are often inconvenient for taxpayers and provide inefficient service to the public; and WHEREAS, taxpayers within said community must wait extended periods of time for a hearing at the Local Board of Review; and WHEREAS,the County Board of Equalization has previously been constrained by statute in location and days of meeting; and WHEREAS, legislation has been passed (M.S. 383D.73) which allows the • governing body or town board of any home rule charter or statutory city or town in Dakota County to transfer the duties of the city or town Board of Review or Board of Equalization under Minnesota Statute, Chapter 274, to the County Board of Equalization; and WHEREAS, said legislation requires that a transfer of these duties is permanent and must be communicated to the County Assessor before December 1 of any year to be effective for the next year; and WHEREAS,said members of the County Board of Equalization are appointed by the County Board of Commissioners, and said Board of Equalization is composed of appraisers, realtors and others who are knowledgeable about the real estate market in Dakota County; and WHEREAS, said County Board of Equalization is authorized to meet during the months of April, May and June giving residents an increased opportunity to schedule time to appear at hearings; and WHEREAS, said County Board of Equalization would hold their meetings at various locations in the county, allowing easier access and time savings to residents wishing to appear before said Board; and • a3 WHEREAS, the City Council of the City of Eagan has reviewed the current Local Board of Review process and has determined said process could be improved by transferring said review process to the County Board of Equalization. NOW,THEREFORE BE IT RESOLVED,that the City Council of the City of Eagan hereby authorizes the transfer of duties from the Local board of Review of the City of Eagan to the County Board of Equalization, effective (date) CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: • Those in favor: Those against: Dated: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1991. E.J. VanOverbeke, City Clerk City of Eagan • d Agenda Information Memo • October 15, 1991 City Council Meeting PUBLIC.HEARINGS VACATE UTILITY EASEMENT L2.B1, UNISYS PARK 2ND ADDN. A. Vacate Utility Easement, Lot 2, Block 1, Unisys Park 2nd Addition--On October 1st, a public hearing was held to consider the vacation of a utility well aan�ndd transmission in easement within the Unisys Park 2nd Addition. Enclosed on page 3� p through 2'is a legal description and a sketch showing the location of the easement to be vacated. • • October 1st th- • • ' • - .rin: was continued until October 15th to •rovide an opportunity for the amendm- • • • - - . . _ - - •• - . . • - - ent to be executed w is is a con•ition recomm- • • - • • aff •rior to _• - . . '• •f this easement. This well field development agreement amendment would insure that a replacement well site and transmission main easement would be dedicated at a later date at a location mutually acceptable to the City and the then current property owner. Status of the execution of this agreement amendment will be provided at the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/continue consideration of vacating the utility easement as described over Lot 2, Block 1, Unisys Park 2nd Addition and, if approved, authorize the Mayor and City Clerk to execute all related documents. • 025.4 ° "e..4 ' \ / 1028.76 N89°542 "E /tW.--' , N �i 2. 1 �jp �ORAINAGE 8 UTILITY EASDTAEN T J._ / , 1 ___ _ N �! ` .•100.00•. _,14 5.02 a ` i! t) ` \ 1 N89°47'25' �►b 3 g` , - s9._ E J .e // /..7b� n) (C_) • 4.- ... ,--I.,; r ', / ' /7 / y 20 0+ c • • 4NQ `64 y , np . F O �O• I pv 1 : Unp `O / Nm ' I) 0 t' _ 10 2p>�� /1p2 y °m _,...k.1 f�i '�r ' 8 �z ro ... I '� i N89°2725 /bk., '� 586°321371 4-. _ Z 853.10 ��- � -- -IOO�OD �� f� D V 0/4, ..t1".::::::::**::::: ,� /• ti m F K , �0 d • �, 8w 9, I :38:4 2p , $A ;-, Y 0.9 • III mm c m ' // `,� /I, II Me Zr /per• /�• 2 F Si'�p B/s-\ I �,a\\ A ,/ o c;°/. it_VI ft 6--;_ctly-4.ttanV,I 10 6 415 UNISYS PARK 2nd ADDITION I I7,w s \ 10 ,'96.09 ` 30 __ 1 -- L26845 i\_ 1 817. 19 N89°5545"W I — I I p _.. ra / / f I /�/ad 501.60 N � 4) / w2 N I • ��,�p I I pRA1NAGE E1 UTILITY /�EaSEMENT ~ / / o fi UTILITY EASEMENT $ - / (8''''S.1. tc ' to PER iTY N0. - -,5 rr�ro o /�591662\n I i'e-; i leo - 1028.76 ! {N89°59 26,E--- _ 11i7 5 Nom/ `a 17$5.57•-- C I -- A f� Ii' -- -^10 Nd ZN' � dj(i a � 1 • PROPOSED DESCRIPTION FOR PUBLIC A strip of land, 20.00 feet in width lying over, under and 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 West 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 a 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 West a distance of 66.81 feet to a point hereinafter described as Point "A"; thence South 1 degree 10 minutes 411 07 seconds West a distance of 191.95 feet and there terminating. C2r • 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 West 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 West a distance of 100 feet; thence North 88 degrees 32 minutes 37 seconds west, 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. • Agenda Information Memo October 15, 1991, City Council Meeting PUBI;TC EIEARINGS.;! . .. ..:...............................:.................. FINAL ASSESSMENT HEARING (LEXINGTON AVENUE) B. Project 531, Final Assessment Hearing (Lexington Avenue - Streets & Utilities)--On September 17, the final assessment roll for the above-referenced project was presented to the City Council and a public hearing was scheduled for October 15. Enclosed on page Q is a summary tabulation of the final assessment rates as compared to those contained m the feasibility report presented during the original public hearing held on February 21, 1989. All notices have been published in the legal newspaper and sent to all affected property -X owners informing them of this final assessment hearing. In addition, an informational,, neighborhood meeting was held on Tuesday October 8, at City Hall Enclosed on pages through,=.- is a summary of the concerns raised and the staff responses provided during this informational meeting. Also enclosed on page 3s is the only written objection that staff has received to date pertaining to these proposed assessments. • Staff will be available to further address any questions or concerns that may arise during this formal public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 531 (Lexington Avenue - Streets & Utilities) and authorize its certification to Dakota County. \S rtio o�� • FINAL ASSESSMENT HEARING PROJECT NUMBER: 531 ASSESSMENT HEARING DATE: OCTOBER 15. 1991 SUBDIVISION/AREA: LEXINGTON AVENUE PUBLIC HEARING DATE: FEBRUARY 21. 1989 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. - Feasibility Report FINAL F.R. FINAL F.R. SANITARY SEWER RATES RATES STORM SEWER RATES RATES ❑Trunk ❑ Trunk SF;.075/sf SF =.09/sf ❑ Laterals © Laterals NF .093/sf NF .11/sf C/I.112/sf C/I .14/sf ❑ Service ❑ Lat. Benefit/ Trunk ❑ Lat. Benefit/ Trunk WATER STREETS ❑Trunk ❑ Gravel Base ❑Laterals ❑ Surfacing $ 20.00/ff =20.00/ff ❑ Service © Res. Equiv. 40.00/ff 40.00/ff ❑Lat. Benefit/ © Multi Equiv. 68.15/ff 6115 ff Trunk C/I Equiv. 90.35/ff 90.35/ff ❑WAC ❑ Trail SERVICES STREET LIGHTS ❑ Water & San. Sewer ❑ Installation ❑ Energy Charge CONTRACT * OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED County $365,343 F.R. $1,180,657 F.R. 43-07. 282 10 Yrs. 8 % 298.600.37 1,220,384.10 COMMENTS: • • 30 MEMO TO: FILE • FROM: MIKE FOERTSCH, ASST CITY ENGINEER DATE: OCTOBER 11, 1991 SUBJECT: PROJECT 531, LEXINGTON AVENUE NEIGHBORHOOD MTG Tom Colbert opened the neighborhood meeting at approximately 6:30 p.m. , on October 8, 1991, at the Eagan Municipal Center. Representatives from City staff present at the meeting included Tom Colbert, Mike Foertsch and Jerry Wobschall. The following residents were in attendance: NAME ADDRESS 1. John & Kathleen Werner Personal Touch Mgmt. Assoc. 2 . Lester & Luella Siedschlag 4040 S. Lexington Avenue 3. David Orren 3551 Blue Jay Way #101 4 . Marilee Higgins 3572 Blue Jay Way #102 5, Kay Urtz 3584 Blue Jay Way #200 6. Bob Miller 3589 Blue Jay Way #101 7 . Lori & Lee Anderson 4045 Lexington Avenue Tom started the meeting by explaining the information which was presented to the residents in attendance. The informational packet included items such as project cost, assessments for storm sewer and streets, trailway improvements, assessment terms, and the summary of the City revenue responsibilities. The residents had questions relative to how much of the project cost was funded by the County and what part of the project cost was funded by the City. Tom explained that any improvements within the City of Eagan to a County road requires a cost participation agreement between the City and the County. Tom referred the residents to the informational packet which was handed out. On page 4 of the packet the County's share of the approximately 2.9 million dollar improvement cost was about 1.4 million dollars. Tom reviewed in detail the various funding sources which the City and County have for the improvement costs, the explanation of the pending assessments which are currently against the properties adjacent to the improvement, the process for levying of the assessments and prepayment and partial payment of the assessments. An explanation was also provided for the differences based on zoning for the storm sewer costs relative to single-family vs. multi-family vs. commercial and industrial zoned properties. Tom explained the City's policy for the assessment of the multi-family zoned property vs. the single-family zoned property adjacent to Lexington Avenue. The residents in attendance objected to the City policy which stated that the multi-family zoned properties be assessed for street improvements on Lexington Avenue and that 5 1 single-family zoned properties not be assessed. The multi-family • owners felt that there was an inequity in the City's policy for the allocation of the street assessment cost. The residents asked what their options were with respect to a policy change from the City Council for their determination of street and storm sewer improvements. Tom went on to explain that the only option for a policy change was that the City Council needed to make that determination. The residents asked what the City Council 's options were with respect to the final assessment hearing. Tom explained that the Council has four alternatives to consider when a final assessment roll is presented to the City Council for their consideration. Those options are as follows: 1. Adopt the roll as presented. 2 . Modify the roll. 3 . Continue the hearing for further study. 4 . Reject the proposed roll in part or in its entirety. The residents had questions regarding how and where they would prepay their assessments if they so desired, are there any senior citizen deferment options, and what the process was for an objection if they so desired. Tom explained to the residents that a written objection must be presented to the City prior to the City closing the public hearing on the final assessment roll. The written objection reserves the property owner's right to appeal the asse ment to District Court. The meeting was adjourned at apprlo im tely 8 : 00 p.m. cft../e Assistant City Engineer MPF/jj 32 • e October 7 , 1991 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan , MN 55122-1897 . Gentlemen : Objection is herewith made to the proposed special assessments against my property for Storm Sewer Lateral and Street Improvement of the City of Eagan Project 531 (Lexington Avenue) . The proposed assessments exceed any special benefit to my property from the improvement . In fact , they are of no benefit whatever . Moreover , the proposed Storm Sewer Lateral Assessment is in • conflict with the settlement for the lawsuit involving the Storm Sewer easement and on the erosion caused to my property by the prior unlawful diversion of surface waters to Hurley Lake . Very. truly yours , r ck c ar y 1275 Deerwoo Drive Eagan , MN 55 23 cc : Eagan City Clerk • 33 Agenda Information Memo October 15, 1991, City Council Meeting • FINAL ASSESSMENT HEARING (STERNS ADDITION) C. Project 561, Final Assessment Hearing (Sterns Addition - Streets & Utilities)--On September 17, the final assessment roll was presented to the City Council with a public hearing being scheduled for October 15 is formally present the final costs associated with this improvement. Enclosed on page 3S is a summary tabulation of the final assessment rates as compared to the estimates contained in the feasibility report presented at the public hearing held on June 6, 1989. Also enclosed on page3( is the only written objection that staff has received to date pertaining to these assessments. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. As of this date, staff has not received any formal objections to the proposed assessments. Although there was an intention for three major affected property owners (ISD196,Autumn Ridge Development and Sterns) to enter into an agreement to allocate the costs of this project in a different manner, that agreement has not been executed as of this date. Subsequently, the final assessment roll was prepared in accordance with the terms and conditions of the feasibility report as presented and discussed at the original public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 561 (Sterns Addition - Streets & Utilities) and authorize its certification to Dakota County. • 3 4. FINAL ASSESSMENT HEARING PROJECT NUMBER: 561 ASSESSMENT HEARING DATE: JUNE 6, 1989 SUBDIVISION/AREA: STERNS ADDITION PUBLIC HEARING DATE: OCTOBER 15, 1991 41KROVEMENTS INSTALLED AND/OR ASSESSED: . ! Feasibility Report FINAL F.R. FINAL P.R. SANITARY SERER RATES RATES STORM SEWER RATES RATES S.F. $.056/sf $.056/sf [' Trunk ® Trunk C/I $.083/sf $.0R3/sf © Laterals $2.910.40/lot $1,566/lot ® Laterals $.0617/cf $.fl9/cf [] Service ❑ Lat. Benefit/ Trunk ❑ Lat. Benefit/ Trunk WATER STREETS ❑Trunk ❑ Gravel Base [' Laterals $ 15.55/ff $ 18.00/ff LEI Surfacing $ 67.95/ff $45.00/ff ❑ Service ❑ Res. Equiv. ❑Lat. Benefit/ ❑ Multi Equiv. Trunk 410r--1 ❑ C/I Equiv. WAC © Trail $12,999.11/ls $22.45/ff SERVICES STREET LIGHTS ® Water & San. Sewer $1,574.78/service $663/service ® Installation$6.704.20/1s n/a [' Energy Charge CONTRACT * OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $602,464.00 F.R. -0- F.R. 89-16 50 10 Yrs. 8 % 588,940.59 $20,256.65 COMMENTS: Easement costs of $44,675.85 also assessed. �1 / \\,..........2 • j _s/....... gr. 4. • c.1/4\ te. October 8, 1991 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Attention: E. J. VanOverbeke, City Clerk Re: Project No. 10P561 Notice of Objection to Assessment Parcel No. 10-02500-024-25 Dear Mr. VanOverbeke: We are the property owners of Parcel No. 10-02500-024- 25 which is being assessed as part of Project No. 10P561 . The Assessment Hearing on this project is scheduled for October 15, 1991 . We hereby object to the amount of the assessment against • our property for water lateral, street and storm sewer trunk. Very truly yours, ifirAtri 4/MA) trudi J nson-Richards i / / Bradley " son • (.42 ..3 Agenda Information Memo October 15, 1991 City Council Meeting • FINAL ASSESSMENT HEARING EFFRESS ADDITION D. Project 567R, Final Assessment Hearing, Effress Addition-Storm Sewer--On September 17th, the final assessment roll for the above referenced project was presented to the City Council and a public hearing was scheduled for October 15th to formally present the allocation of the final costs associated with this project. Enclosed on page 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.. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. As of this date, staff has not received any objections to the proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 567R (Effress Addition-Storm Sewer) and authorize its certification to Dakota County. • • 3 FINAL ASSESSMENT SEARING PROJECT NUMBER: 567R ASSESSMENT HEARING DATE: OCTOBER 15, 1991 SUBDIVISION/AREA: EFFRESS ADDITION PUBLIC SEARING DATE: JANUARY 16, 1990 IMPROVEMENTS INSTALLED AND/OR ASSESSED: • F.R. - Feasibility Report FINAL P.R. FINAL F.R. SANITARY SEWER RATES RATES STORM SEVER RATES RATES :Drunk © Trunk N/A C/I $.083/S.F. [' Laterals © Laterals $6,023.38/Ac. $7,973/Ac. [' Service ❑ Lat. Benefit/ Trunk [' Lat. Benefit/ Trunk WATER STREETS [:]Trunk ❑ Gravel Base ['Laterals ❑ Surfacing [' Service ❑ Res. Equiv. []Lat. 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 $163,955.00 F.R. -0- F.R. 90-13 7 10 Yrs. 8.5 % 104,324.93 -0- COMMENTS: 34 • Agenda Information Memo • October 15, 1991 City Council Meeting PROD 621, MANOR LAKE 4TH E. Project 621, Manor Lake 4th Addition - Streets & Utilities-- In response to a petition submitted by the developer of the proposed Manor Lake 4th Addition, the Council authorized the preparation of a feasibility report for the installation of public infrastructure necessary to service this development. On September 17th, the feasibility report was presented to the City Coun it with a public hearing scheduled for October 15. Enclosed on pages !(a through G i/is a copy of the feasibility report for the Council's information and review during this public hearing presentation. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. All costs associated with this improvement will be the responsibility of the Manor Lake 4th Addition development with the exception of the new intersection construction with Trunk Highway#3. The feasibility report presents an alternative for consideration of assessing half of this cost to the uiveloped 20 acre parcel south of the Manor Lake Development. Enclosed on page {p> is a memo from the City Attorney's Office addressing the appropriateness of this method of allocating the assessable costs. • Staff will provide further information regarding the improvement and be available to address any of the questions or concerns that may arise. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve Project 621 (Manor Lake 4th Addition-Streets & Utilities). Ck. 3cr • f. . 1 Report for Manor Lake 4th Addition Utility and Street Improvements Project No. 621 Eagan, Minnesota September, 1991 File No. 49520 eonestroo Rosene Anderllk & Associates Engineers &Architects St. Paul, Minnesota LLD I Otto G.Bonstroo,P.E. Keith A.Gordon.P.E. Mark R.Rotfs.P.E. Rene C.Murton.A.I.A. Bones t roo Robert W.Rosen.P.E. Richard W.Foster,P.E. Robert C.Russek,A.I.A. Agnes M.Ring.A.I.C.P. Joseph C.Anderlik.P.E. Donald C.Burgardt.P.E. Thomas E.Angus.P.E. Jerry D.Pertzsch,P.E. Rosen Marvin L.Sorvala.P.E. Jerry A.Bourdon.P.E. Howard A.Sanford.P.E. Cecil*Olivier,P.E. ._ Richard E.Turner.P.E. Mark A.Hanson,P.E. Daniel J.Edgerton,P.E. Robert R.Dreblow,PE. Anderla & Glenn R.Cook,P.E. Ted K.Field,P.E. Mark A.Seip.P.E. Gary W Morien,PE. • Thomas E.Noyes,P.E. Michael T.Rautmann,-P.E. Philip J.Caswell,P.E. Karen L.Wiemeri,P.E. Robert G.Schunicht,P.E. Robert R.Pfefferte,P.E. Ismael Martinez,P.E. Keith R.Yapp.P.E. Associates Susan M.Eberlin,C.P.A. David 0.Loskota.PE Mark 0 Wallis.P.E Charles A.Erickson Thomas W.Peterson,P.E. Thomas R.Anderson,A.I.A. Leo M.Pawelsky Michael C.Lynch,P.E. Gary F.Rylander,PE. Harlan M.Olson Engineers & Architects James it Maland,P.E. Miles B.Jensen.P,E. Kenneth P.Anderson,P.E. L.Phillip Gravel III,P.E. September 11, 1991 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Manor Lake 4th Addition Street and Utility Improvements Project No. 621 Our File No. 49520 Dear Mayor and Council: Attached is our report for the Manor Lake 4th Addition Street and Utility Improvements. The report presents and discusses the proposed street and utility improvements and includes a cost estimate and preliminary assessment roll. • We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss this report. Sincerely, B , EST O , ROSENE, ANDERLIK & ASSOCIATES, INC. (u' Mar A. Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Profes ional En:' eer under the laws of the State of Mi . esot.. / uvn/J e/ - Mark A. Hanson Date: September 11, 1991 Reg. No. 14260 Reviewed by: L Reviewed by: ',,,.,, , ..1., • Pu.lic Works Drenment '` nance Department Date: a 1(.4 tat 1 Date: Ct • 0 -qt 2335 West Highway 36 • St. Paul, Minnesota 551 • 612-636-4600 • 35th Anniversary IP MANOR LAKE 4TH ADDITION STREET AND UTILITY IMPROVEMENTS EAGAN, MINNESOTA PROJECT NO. 621 TABLE OF CONTENTS Page No. TABLE OF CONTENTS 2. SCOPE 3. FIGURE NO. 1 - LOCATION PLAN 4. FEASIBILITY AND RECOMMENDATION 5. DISCUSSION 5. A. SANITARY SEWER 5. B. WATER MAIN 5. C. SERVICES 6. D. STORM SEWER 6. E. STREET 7. F. STREET LIGHTING 7. EASEMENTS AND PERMITS 7. • COST ESTIMATE 8. AREA TO BE INCLUDED 8. ASSESSMENTS 9. REVENUE SOURCES 10. PROJECT SCHEDULE 11. APPENDIX A - PRELIMINARY COST ESTIMATE 12. APPENDIX B - PRELIMINARY ASSESSMENT ROLL 19. FIGURE NO. 2 - SANITARY SEWER LAYOUT FIGURE NO. 3 - WATER MAIN LAYOUT FIGURE NO. 4 - STORM SEWER LAYOUT FIGURE NO. 5 - STREET LAYOUT FIGURE NO. 6 - PROPOSED ASSESSMENT AREA - 2 - 49520.RPT �^ • REPORT FOR MANOR LAKE 4TH ADDITION STREET AND UTILITY IMPROVEMENTS EAGAN, MINNESOTA PROJECT NO. 621 SCOPE The Manor Lake 4th Addition consists of 19 single family residential lots located in the NE 1/4 of Section 36 (southwest of the intersection of Cliff Road and T.H. No. 3). This project is the fourth phase of the Manor Lake Additions and will continue work constructed previously. The work included in this project consists of the construction of water main, services, storm sewer, streets, and trunk sanitary sewer. These municipal facilities will be provided by extending the existing facilities that were constructed under previous improvement projects in Sthe project area. The project also includes the construction of bypass/turn lanes on T.H. No. 3 at its intersection with Todd Avenue. This report assumes that all grading is completed to the design grade elevations (± 0.3 ft.) presented on the approved grading plan. • - 3 - 49520.RPT L ./5 0 _.GLLFE_R.Q4D_(f2 Rd. Na_32 _ • 7 b�, 4 VIIII Q Gi 178.. r� ^D' Project Q', •' P Location oir 1 o L ilij F i4 -<r- - / o———— ———H li \'rR _c______ 2,_:,0, - ' / l 17/ c FARM RDA _� ; UN C�� D I a ,,,,, N , v i 0 J 0 1000 2000 Scole in feet LOCATION PLAN eonestroo, Rosene mom Anderllk & EAGAN, MINNESOTA FI URE 1 Associates MANOR ADDITION 4th ADDITION Engineers a Architects 2335 West Highway 96 49520L0C SEPTEMBER 1991 COMM. 49520 St. Paul, Minnesota 55113 • FEASIBILITY AND RECOMMENDATIONS The project is feasible from an engineering standpoint and is in accordance with the objectives established in the City's Comprehensive Utility Plans. The project can best be carried out as one contract. DISCUSSION A. Sanitary Sewer - The proposed sanitary sewer includes both trunk and lateral sewer. Trunk sanitary sewer will consist of extending the existing 15"sewer in Manor Drive south along Manor Drive and east along Todd Avenue as shown in Figure No. 2. This line will extend east to T.H. No. 3, be stubbed south in the T.H. No. 3 right-of-way, and ultimately be extended to serve the southeast corner of the City. Areas to be served by this line as indicated in the Sanitary Sewer Comprehensive Plan include the east half of Subdistrict C-FF and all of Subdistrict C-GG. An additional 10"trunk sanitary sewer is proposed from the intersection of Manor Drive and Todd Avenue, south along Manor Drive to southern edge of the proposed plat. This line will ultimately extend south and west. The area served by this line as indicated in the sanitary sewer Comprehensive Plan includes the west half of Subdistrict C-FF. Lateral sanitary sewer is proposed to serve the three lots of Block 4 along Tamie Avenue. This lateral line will consist of an 8" sewer extended north from the intersection of Todd Avenue and Tamie Avenue. B. Water Main - The water main proposed herein includes both trunk and lateral mains. The trunk waiter main will consist of extending the existing 12" main in Tamie Avenue, south to the southern edge of the proposed plat. This line will ultimately be extended to serve the • southeastern corner of the City. - 5 - 49520.RPT (11(..0 The lateral water main will consist of the extension of the 6" main in Manor Drive to the southern end of the development and a 6"main in Todd Avenue. Manor Lake 4th Addition is located in the high pressure zone and will experience static pressure of 91 pounds and residual pressure of 63 pounds. Therefore, in accordance with the City's Water Supply and Distribution Plan, services with a static pressure greater than 85 pounds will require pressure reducing valves at the time of hookup. C. Services - Sanitary sewer and water services are proposed to be constructed 15 feet beyond the property line. Sewer service lines are proposed to be 4" diameter and water service lines 1" diameter. Sanitary sewer service risers will be required for all lots except lots 1-3 of Block 4. In accordance with City standards, each riser will include a cleanout and be televised as part of the construction inspection. A 11/2"water service and no sewer service is proposed for the City park property west of Manor Drive. D. Storm Sewer - Storm sewer is proposed to be constructed to convey runoff from streets and adjacent areas. The proposed construction will include catch basins,manholes, and storm sewer. Storm sewer will be stubbed to the south in Manor Drive to provide a future outlet for Pond LP-26. The majority of the storm water runoff from the Manor Lake 4th Addition will be conveyed to Manor Lake (Pond LP-28), a Class II water body. The remaining runoff will flow to the ditch along the west side of T.H. No. 3. S - 6 - 49520.RPT • When the original Manor Lake Addition preliminary plat and rezoning was approved in 1987, the City's Water Quality Management Plan was not in effect. Therefore, no nutrient re- moval measures are included in the proposed storm sewer system for Manor Lake 4th Addition. E. Street - The street construction will consist of a 32' wide (face to face) standard residential street within the platted roadway. It is proposed to widen Todd Road where it intersects with T.H. No. 3 to provide a right turn lane. A permanent cul-de-sac will be constructed at the south end of Manor Drive. Much of the permanent cul-de-sac will be on City Park property. Mn/DOT requires bypass and turn lanes on T.H. No. 3 for access for Todd Avenue. The proposed construction includes a 300' turn lane for southbound traffic and a 250' bypass lane for northbound traffic as well as tapers for both lanes. • F. Street Lighting - Street lighting proposed herein consists of four decorative lights located throughout the proposed addition and one 250 W intersection light at the intersection of Todd Avenue and T.H. No. 3. Preliminary locations for the street lights are shown on Figure No. 5. EASEMENTS AND PERMITS Required easements and right-of-way in the Manor Lake 4th Addition will be acquired as part of the final plat. Additional easement that is not shown on the preliminary plat will be required between Lots 3 and 4 of Block 1 in order to provide a storm sewer discharge line to Manor Lake. Temporary and permanent easements will be required from Parcel 022-27 south of the proposed development. Permits will be required from the MPCA, MN/DOT, Minnesota Department of Health, and DNR. The Mn/DOT permit will cover both the proposed bypass/turn lanes and utility construction within the T.H. NO. 3 right-of-way. - 7 - 49520.RPT • COST ESTIMATE A detailed cost estimate for this project is presented in Appendix A. The total estimated cost is $415,400. The total estimated cost includes legal, administrative, engineering, and interest costs of 30%. PROJECT 621 ESTIMATED COST A. Sanitary Sewer, Trunk $118,030 Sanitary Sewer, Lateral 18,140 B. Water Main, Trunk 15,840 Water Main, Lateral 31,520 C. Services 32,740 D. Storm Sewer 52,870 E. Streets, Local 92,300 Streets, T.H. 3 Turn/bypass lanes 50,700 F. Street Lighting 3.260 TOTAL ESTIMATED PROJECT COST AREA TO BE INCLUDED The properties proposed to be assessed (as shown on the preliminary plat) are listed below and shown on Figure No. 6. The Manor Lake 4th Addition area is presently platted as Outlot A of Manor Lake 3rd Addition. ASSESSMENT AREA MANOR LAKE 4TH ADDITION Outlot G U Block 1; Lots 1-4 Block 2; Lots 1-5 Block 3; Lots 1-7 Q Block 4; Lots 1-3 NE 1/4, SECTION 36 Parcel 022-27 Lki- 49520.RPT • In addition, the following properties will also be in the construction area but are not proposed to be assessed: Lot 1, Block 4 - Manor Lake 2nd Addition Lot 3, Block 5 - Manor Lake 2nd Addition Lots 1-3, Block 2, Manor Lake 3rd Addition Lot 4, Block 3, Manor Lake 2nd Addition ASSESSMENTS Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this report in Appendix B. All lateral assessment costs will be revised based on final costs. A. Sanitary Sewer: The 10" and 15" sanitary sewer in Manor Drive and Todd Avenue is • considered trunk. Therefore, it is proposed to assess only the lateral equivalent costs for this sewer. The estimated lateral equivalent cost for the sanitary sewer in Manor Drive and Todd Avenue is included in Appendix A with the estimated trunk sewer cost. The sanitary sewer in Tamie Avenue is considered lateral. The costs for this sewer are proposed to be included with the lateral equivalent costs to determine a per lot assessment rate. The estimated rate is determined by adding the lateral cost ($18,140) and the lateral equivalent cost ($40,030) and dividing the total ($58,170) by 19 lots. The estimated rate is $3,061/lot. Trunk area sanitary sewer was previously assessed under Project 520. B. Water Main: It is proposed to assess the assessable cost of water main equally to each lot. 6" water main in Manor Drive and Todd Avenue is considered lateral while 12"water main in Tamie Avenue is considered trunk. The trunk water main in Tamie Avenue will be assessed • on a lateral equivalent basis. - 9 - 49520.RPT 6e\ • The estimated assessment rate is determined by adding the lateral cost ($31,520) and the lateral equivalent cost ($6,760) and dividing the total ($38,280) by 19 lots. The estimated assessment rate is $2,015/lot. C. Services: It is proposed to assess the total cost of sanitary sewer and water service equally to each lot in Manor Lake 4th Addition. D. Storm Sewer: It is proposed to assess the cost of lateral storm sewer equally to all lots within Manor Lake 4th Addition. Trunk area storm sewer was previously assessed under project 326. E. Street: It is proposed to assess the total cost of street equally to each lot in Manor Lake 4th Addition except that 50% of the T.H. No. 3 turn/bypass lane costs will be assessed to parcel 022-27 of the NE 1/4 of Section 36. F. Street Lighting_ It is proposed to assess the total cost of street lighting equally among all lots in the Manor Lake 4th Addition. REVENUE SOURCES: Revenue sources to cover the cost of this project are as follows: Project Cost Revenue Balance A. SANITARY SEWER Trunk $118,030 Lateral 18,140 Lateral Benefit from Trunk $ 40,030 Lateral Assessment 18,140 TOTAL $136,170 $ 58,170 ($78,000) • - 10 -49520.RPT 5o • B. WATER MAIN Trunk $ 15,840 Lateral 31,520 Lateral Benefit from Trunk 6,760 Lateral Assessment 31,520 TOTAL $ 47,360 $ 38,280 ($9,080) C. SERVICES Lateral $ 32,740 Lateral Assessment $ 32.740 TOTAL $ 32,740 $ 32,740 - 0 - D. STORM SEWER Lateral $ 52,870 Lateral Assessment $ 52.870 TOTAL $ 52,870 $ 52,870 - 0 - • E. ST t- 1 ITT Lateral $ 92,300 T.H. No. 3 Turn Lane 50,700 Lateral Assessment $ 92,300 T.H. No. 3 Assessment 50.700 TOTAL $143,000 $143,000 - 0 - A total of $87,080 will be required from the City's water and sewer trunk funds. PROJECT SCHEDULE Present Feasibility Report September 17, 1991 Public Hearing October 15, 1991 Approve Plans and Specifications October 15, 1991 Open Bids/Award Contract November 5, 1991 Complete Construction July 31, 1992 Assessment Hearing Fall, 1992 First Payment Due with Real Estate Taxes May, 1993 5\11 - • APPENDIX A PRELIMINARY COST ESTIMATE MANOR LAKE 4TH ADDITION STREET AND UTILITY IMPROVEMENTS PROJECT NO. 621 A. SANITARY SEWER Pars 1 - Trunk, Manor Drive and Todd Avenue 30 Lin.ft. 15" RCP, Cl. 4000D, 20'-22' dp. @ $31.00/l.f. $ 930 382. 1-_:n.ft. If" RCP, Cl. 4000D, 22'-24' dp. @ $35.00/l.f. 13,370 70 Lin.ft. 15" RCP, Cl. 5000D, 24'-26' dp. @ $38.00/11 2,660 70 Lin.r, 15 RCP, Cl. 5000D, 26'-28' dp. @ $43.00/1.f. 3,010 RCP, Cl. 5000D, 28'-30' dp. @ $48.00/11 3,744 110 L I. .. P.CP, CI. 5000D, 30'-32' dp. @ $52.00/1.f. 5,720 15" RCP, Cl. 5000D, 32'-34' dp. @ $57.00/1.f. 16,872 if? I x i.a. :;";" PVC SDR26, 20'-22' dp. @ $25.00/l.f. 3,825 • 1V) Lin.ft. 10" PVC SDR26, 22'-24' dp. @ $28.00/11 5,320 9 Each ST,c1. .4' dia. MH w/cstg. @ $1,000.00;`ea. 9,000 138 1_ r;.ft. Manhole depth greater than 8' @ $75.00/l.f. 10,350 Each Connect to existing manhole @ $20 '.00 .a. 200 13 Each i . wye in pl. C $120.00/ea. 1,560 3 Each I u;. wye in pl.. @ $60.00/ea. 180 310 Lin.ft. Cass B bedding @ $4.50/l.f. 1,395 50 Cu.vds. Rock stabilization below pipe @ $10.00/cu.yd. 500 256 Lin.ft. 4" DI? riser @ $20.00/l.f. 5,120 1,283 Lin.ft. Mechanical trench compaction @ $2.00/11 2,566 Subtotal $86,472 1 Contingencies 4,324 . $90,796 -4-30 , Legal, Admin. Engrng., & Interest 27,234 Aft 'TOTAL SANITARY SEWER TRUNK $118,030 - 12 - 49570 Rj.T �� • Part 2 - Lateral, Tarnie Avenue 245 Lin.ft. 8" PVC, SDR35, 8'-10' dp. @ $14.00/1.f. $ 3,430 62 Unit. 8" DIP, Cl. 52, 8'-10' dp. @ $15.00/1.f. 930 41 Lin.ft. Outside drop @ $175.00/1.f. 7,175 1 Each Std. 4' dia. MH w/cstg. @ $800.00/ea. 800 2.5 Lin.ft. Manhole depth greater than 8' dp. @ $75.0011.f. 190 307 Lin.ft. Mechanical trench compaction @ $2.00/1.f. 614 3 Each 8"x4' wve in pl. @ $50.00/ea. 150 Sbt otal $13,289 i S c Contingencies 664 $13,953 Admin. Engrng., & Interest 4.187 TCT'1L LATERAL, TAMIE AVENUE $18,140 Part 3_ Lateral 'i' :{;e.at. Manor Dci a and Todd Ave. 1.283 Lin.ft. 8' PVC S.DR:35, 0'-10' dp. @ $14.00/hf. $17,962 9 Each Sti. 4' dia. manhole w/cstg. @ $800.00/ea. 7,200 8 Lin.ft. Manhole depth greater than 8' @ $75.00/l.f. 600 1 Each Connect to existing manhole @ $20U.00;ea. 200 16 Each 8v:4 ;-ye in p.!. @ S-71 800 1,283 Lin.ft. ccinpaction @ $2.00/l.f. - 2,566 Subtotal $29,328 +5c7c Contingencies 1,467 $30,795 +30 Legal, Admin. Engrng., & Interest 9.235 TOTAL LATERAL EQUIV., MANOR DR. & TODD AVE. $40,030 • - 13 - 49520.RFT �� • B. WATER MAIN Part 1 - Trunk. Tamie Avenue 300 Lin.ft. 12" DIP @ $30.00/l.f. $ 9,000 1 Each 12" Butterfly @ $1,200.00/ea. 1,200 1 Each Connect to ex. WM @ $500.00/ea. 500 300 Lin.ft. Mechanical trench compaction @ $1.00/l.f. 300 600 Lbs. Fittings @ $1.00/lb. 600 Subtotal $11,600 +5% Contingencies 580 $12,180 +30% Legal, Admin. Engrng., & Interest 3,660 TOTAL TRUNK WATER MAIN $15,840 Part 2 - Lateral, Manor Drive and Todd Ave. 1,255 Lin.ft. 6" DIP @ $11.00;1.f. $13,805 • 4 Each 6" Gate valve @ $400.00iea. 1,600 3 Each Hydrant @ $1,200.00/ea. 3,600 1 Each Connect to ex. WM @ $500.00/ea. 500 1,255 Lin.ft. Mechanical trench compaction @ $1.00r1.f. 1,255 2,330 Lbs. Fittings @ $1.00-1h. 2,330 Subtotal $23,090 +5% Contingencies 155 $24,245 +30% Legal, Admin. Engrng., & Interest 7,275 TOTAL LATERAL WATER MAIN $31,520 110 - 14 -49520.RPT 5.4 • Part 3 - Lateral Equivalent, Tamie Avenue 300 Lin.ft. 6" DIP @ $11.00/l.f. $ 3,300 1 Each 6" Gate valve @ $400.00/ea• 400 1 Each Connect to existing WM @ $500.00/ea. 500 300 Lin.ft. Mechanical trench compaction @ $1.00/l.f. 300 450 Lbs. Fittings @ $1.00/lb. 450 Subtotal $ 4,950 +5% Contingencies 250 $ 5,200 +30% Legal, Admin. Engrng., & Interest 1.560 TOTAL LATERAL EQUIVALENT WATER MAIN $ 6,760 C. SERVICES Part 1 - Residential Lots • 950 Lin.ft. 4" PVC sanitary sewer service @ $7.00/11. $ 6,650 16 Each Televise riser @ $300.00/ea. 4,800 16 Each Sewer cleanout @ $200.00/ea. 3,200 950 Lin.ft. 1" Type "K" copper water service @ $6.00/1.f. 5,700 19 Each 1" Corporation stop @ $40.00/ea. 760 19 Each 1" Curb stop @ $70.00/ea. 1,330 950 Lin.ft. Mechanical trench compaction @ $1.00/l.f. 950 Subtotal $23,390 +5% Contingencies 1.170 $24,560 +30% Legal, Admin. Engrng., & Interest 7,370 TOTAL SERVICES, RESIDENTIAL LOTS $31,930 • - 15 -49520.RPT 5 • Part 2 - Outlot G 57 Lin.ft. 11/2' Type K copper @ $7.00/l.f $ 399 1 Each 11/2" Curb stop and copr. @ $140.00/ea. 140 57 Lin.ft. Mechanical trench compaction @ $1.00/1.f. 57 Subtotal $ 596 +30% Legal, Admin., Engrng., & Interest 30 TOTAL SERVICES, OUTLOT G $ 810 D. STORM SEWER 815 Lin.ft. 15" RCP Cl. 5, 0'-l0' dp. @ $1920.00/l.f. $15,485 149 Lin.ft. 18" RCP Cl. 5, 0'-10' dp. @ $20.00/l.f. 2,980 10 Each Std. 4' dia. MH or CBMH w/cstg. @ $800.00/ea. 8,000 8 Lin.ft. MH depth greater than 8' dp. @ $65.00/l.f. 520 6 Each Std. CB w/cstg. @ $750.00iea. 4,500 3 Each 15" RCP flared end @ $750.00/ea. 2,250 30 Cu.yds. Rip rap @ $50.00/c.y. 1,500 982 Lin.ft. Mechanical trench compaction @ $1.00/l.f. 982 300 Lin.ft. Silt fench @ $2.00/1.f. 600 1.5 Acres Seeding w/mulch and fertilizer @ $800.00/ac. 1,200 LUMP SUM Clearing & grubbing @ $500.00/L.S. 500 7 Each Marker sign w!post @ $30.00/ea. 210 Subtotal $38,727 +5% Contingencies 1.943 $40,670 +30% Legal, Admin. Engrng., & Interest 12.200 TOTAL STORM SEWER $52,870 • - 16 - 49520.RPT E. STREET IMPROVEMENTS Part 1 - Local Streets 400 Cu.yds. Subgrade correction @ $3.00/cu.yd. $ 1,200 300 Cu.yds. Select granular borrow @ $6.00/cu.yd. 1,800 6,140 Sq.yds. Subgrade preparation @ $0.50/sq.yd. 3,070 2,250 Tons Cl. 5, Aggregate base, 100% crushed @ $7.00/ton 15,750 800 Ton Type 31 bituminous base course @ $11.00/ton 8,800 400 Ton Type 41 bituminous wear course @ $13.00/ton 5,200 67 Ton Bituminous material for mixture @ $150.00/ton 10,050 380 Gals. Bituminous material for tack coat @ $1.00/gal. 380 3,450 Lin.ft. Surmountable conc. C.& G. @ $4.50/l.f. 15,525 600 Lin.ft. Reinforcing for conc. C.& G. @ $0.50/l.f. 300 17 Each Structure adjustments @ $125.00/ea. 2,125 10 Each Storm sewer inlet projection @ $50.00/ea. 500 • 1.5 Acres Seed w/3" topsoil, mulch & fertilizer @ $1,000/ac. 1,500 Subtotal $67,630 +5% Contingencies 3,382 $71,012 +30% Legal, Admin. Engrng., & Interest 21.288 TOTAL LOCAL STREET IMPROVEMENTS $92,300 • - 17 - 49520.RPT 57 S Part 2 - T.A. No. 3 Bypass/Turn Lanes 1,380 Lin.ft. Saw cut bituminous surface @ $1.00/11. $ 1,380 13,850 Sq.ft. Remove bituminous shouldering @ $0.20/s.f. 2,270 3,000 Cu.yds. Granular borrow @ $3.00/cu.yd. 9,000 1,500 L.S. Grading @ $2,280.00/L.S. 2,280 860 Tons Cl. 5 Aggregate, 100% crushed @ $7.00/ton 6,020 200 Tons Cl. 5 Aggregate for shouldering @ $7.00/ton 1,400 260 Tons Type 31 Bituminous base @ $11.00/ton 2,860 195 Tons Type 41 Bituminous wear @ $13.00/ton 2,535 26 Tons Bituminous material for mixture @ $150.00/ton 3,900 100 Gals. Bituminous material for tack @ $1.00/gal. 100 1 L.S. Pavement marking @ $800.00/L.S. 800 1 L.S. Traffic control @ $3,500.00/L.S. 3,500 1.0 Acs. Seed w/3" topsoil, mulch & fertilizer @ $1,000/ac. 1,000 50 Lin.ft. Silt fence @ $2.00/1.f. 100 Subtotal $37,145 +5% Contingencies 1.855 $39,000 +30% Legal, Admin. Engrng., & Interest 11300 TOTAL T.H. NO. 3 STREET IMPROVEMENTS $50,700 F. STREET LIGHTING 1 Each Intersection light @ $700.00/ea. $ 700 4 Each Decorative light @ $500.00/ea. 2.000 Subtotal $2,700 +5% Contingencies 135 +15% Overhead 425 TOTAL STREET LIGHTING $3,260 • - 18 -49520.RPT SS P\ • .I 1` O O O O C �,; 00 O, O^ O\ O' .. v' v'i Sr) vi �+ r a• .-w .-� .--i 69 i o ' 69 6M9 211 = N N N N CI oo N 0` Q\ ON — M O � in NO O lin ∎C .�C: ✓ Vn M v M r r 69 N 44 - Si M en N M s 69 b9 0 w ti.. G. �, M M M M C N S N s CC • ^ N N N N ` N • 44 4.43 `I L ' :� _ . cc ,-.i '= nj .' s m (j�i - 4' >, R» M .w.. M – .f_ © -. O^ . iw pr 1.1` r-'. =i �'� i N O O O O 69,► ri i C 00� x 69 ON -<: Q :n — .— ,-+ .-ti I C - S et� I C O O CO �� .--, w N i , . M M M M � 00 a N-if •V ry.) 69 69 O C <I a 73 a1 o "E5 c��1 a O �o ral zi -y N M .r a Q M 4,, x x x x eC ch O R 0 0 0 O N a 0 •t, J P •+- z ! _ N C . i , = v cr. v. •r, U C rte) = c WI Z 60-1 I `'ALLAN LA , B -10, 7E. -,..-'' 0 < --3== --OM. / 1"4 Mail \1 III 11,17/* /, I , WZLPDLE LAN 111,14, e. k- � O ; Ex. 1 •" RCP.,,SAN. S� � ,. 'ROP. 1 R P 1 ��J Ov •:' S' NITA'Y S WER �� C 4 3 02 o\Q2 0) 8" PV `ODD AVE UE A41 (7)C3 ,.- / STUB ( ia I � G PN P. 15" RC' 411111111.14 / SANITARY SEWER 4 ® 3 2 1 0 15" PLUG ' , 022-27 / 1 / 021-08 021-27 / N / 0 200 400 Scale in feet SANITARY SEWER Bonestroo • Rosen di EAGAN, MINNESOTA FIGURE 2 Inssdeliakterr MANOR LAKE 4th ADDITION (e0 Engineers a Architects 2335 west Highway 36 K:\49\49520\49520R01 SEPTEMBER 1991 COMM. 49520 Eft. Paul, Minnesota 55113 0 IMP ' IIIIIIIIIIIIII"10. / p/ S 4 �B t. Q � O O vil rDLE LAND to/4 ' .1c* • o , 'r- o 1 0 ♦� 4" Q ,�• 0 :I- W.M. J�� v c ., 4 3 2 1 2 � `_� ODD AVE UE ® �w cO OG 5 4 3 6 P-0-. '• D I 11041 iti 67:r''" ' c') it- =I I 1 0 022-27 021-08 021-27 N 0 200 400 SScale in feet WATER MAIN ii, Bonestroo Rosen Iva Anderlik & EAGAN, MINNESOTA FIGURE 3 til Associates MANOR LAKE 4th ADDITION (` enginw. & Architects 2335 west Highway 36 ..' ..,' .nenM •nennonn eCDrrLioro 1001 enuu £Q59n 81. Paul, Minnesota 55113 '----------------------4/ lift 0 ..... . ::...•.' . ,,-.. ALLAN LA ...... II --t,--_-_ . ..- _ • : . _,6IV ''''' c*//, cv BOND LP-28 i ei 0 i NWL=910‘.7 ; -;. .9 S0/4 ,,. ../,. I "IDLE LAN k , N 4). °IC"' 320-04 / • - - ,... f•-• • CD •Tr! i■c NZ' A' -c - 2 •— / 0* , 0 4 k 4- &„ , , , . ., c 5 4 2 / 2 k/ 0 ,0 , .„-•- . ' ODD AVENUE , iltir is..„ .. ‘-) // --- --__ ( I 7 611 3 2 (4.3) ,..' A • ,-FUTURE SEWER FROM POND LP-26 022-27 021-08 4 021-27 N1 . . , POND P- . . NWL=920.2 °__.... 200 400 . HWL=922.5 • '' ... Scale in feet STORM SEWER pi Bonestrolp Rosene • Anderlik & EAGAN, MINNESOTA FIGURE 4 fl Associates MANOR LAKE 4th ADDITION (i3 Engineers & Architects 2335 West Highway 96 K:\49\49520\49520R03 SEPTEMBER 1991 COMM. 49520 St. Paul, Minnesota 55113 j/ ! / / / / �' it ll / J " l r l ll1 /! ! rl • ll II !l !l pi 11 ll / I am n " n �� /I / B it ��e�-- -- ----- n r / Ill,111r' — ---=—_ i / i'1 )01 / /� // / r 11 a /// ii � q /,/ / // ! I',' irDLE LAN N °' Q' O. '/; O ; / „ ki ♦/' /'' / Q' /, �/N. o ,.,. . fllt yy y y P ROPOSED 32' F—F �� /� ;�3 1 / _SURM•UNTA:LE Cr! v CURB & G ER AC C 4 3 � 2 ® 2 � / OO �. %/ _ODD AVE UE / li /7( 6 ��3 /1,e 4110 1 (( •ROP/USED •TREET LITE( P.} � �� 2' 1 �� 5 4 3 '! �� � illy )j 7 ® Fut re St eet "�1; A / . .ROPOSD SECTIONS STREETS / 1" Type 41 Bituminous Wear Course 021-08 2" Type 31 Bituminous Base Course ' 1.2• 6" CL. 5 100% Crushed Aggregate s / w72, TURN LANES /' 1 1/2" Type 41 Bituminous Wear Course /// 2' Type 31 Bituminous Base Course ' 8" CL. 5 100% Crushed Aggregate %7;' 0 200 400 Scale in feet • STREETS Sonestroo. iji • Rosene EAGAN, MINNESOTA FIGURE 5 Anderlik b Associates MANOR LAKE 4th ADDITION f �H Arahltocts KA.s4\445'7n\495,fR04 SFPTFURFR 1991 COAL . 49520 St. Paul. 1/innaaota 55113 1 I I 1 1 , ipir • .,' , LLAN LA '. - /* / o`�/ ° 0' 0 nDLE LAN �,• 0 1 :p �c ■ i ,`Q' o X2.1 • �� <v ,` / O 4 1 cO 4 /-..--.-. 'ODD AVE �'` �- S 2 1 0 7 A 0 2 7 ............ -... . . :. : 021-08•.,.:::::::.:,...:::.::::::-::::::::::::::::::,:::::,..,„:::::::::::::::. ..... ............. . ,......,.. 021-27 N 0 200 400 Scale in feet PROPOSED ASSESSMENT AREA Jj 9onestroo. Rosene Anderilk d► EAGAN, MINNESOTA FIGURE 6 Associates MANOR LAKE 4th ADDITION endn..r. a '�a'tt"fi 2335 Waist Htphway 35 K:\49\49520\49520R05 SEPTEMBER 1991 C0M 49520 St Pau1� Minnesota 55119 MEMORANDUM To: Tom Colbert, Director of Public Works FROM: Michael G. Dougherty DATE: October 11, 1991 RE: Manor Lake 4th Addition Public Improvement Project 621 Per your request our offices had contacted an appraiser to preliminarily review the feasibility report for the above public improvement project. Ray Connelly of Ray Connelly Realty was asked to review the proposed improvements to Highway 3 as part of the Manor Lake 4th Addition Public Improvement to determine the benefit resulting to the tax parcel to the south of proposed Manor Lake 4th Addition. After reviewing the material and visiting the site, Mr. Connelly informed me that he does not believe that the property to the south of Manor Lake 4th Addition receives any benefit from the Public Improvements on Highway 3. Mr. Connelly's analysis is based upon the fact that the property consists of approximately 19 acres and has dual access both to Highway 3 and to Dodd Road, with the primary access being to Dodd Road. There is presently a driveway off Sof Highway 3 to this property and without a relinquishment of that driveway, Mr. Connelly's opinion is that the proposed new access to the north with corresponding improvements to Highway 3 does not presently increase the market value of the property. I hope this assists you in your report to the City Council as they review the feasibility report for the public improvement and particularly as it relates to the assessment roll contained therein. MGD/wkt • e Z0d Z£6 S 8Z:60 T6d TT 1D0 Agenda Information Memo October 15, 1991 City Council Meeting • PROJ. 619, SADDLEHORN ADDITION F. Project 619, Saddlehorn Addition - Streetlights--In response to a petition submitted by a majority of the property owners within the Saddlehorn Addition, the Council authorized the preparation of a feasibility report. This report was presented to the Council on September 17th with the formal public hearing scheduled for October 15th. Enclosed on pages t 7 through 1 s a copy of the feasibility report for the Council's information and review during the presentation to be provided by the staff. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 619 (Saddlehorn Addition-Streetlights) and, if approved, authorize their installation through Dakota Electric Association. • • • IL --- �1111i1 FEASIBILITY REPORT AND ESTIMATE✓OF COST FOR SADDLE HORN ADDITION STREETLIGHTING • PROJECT 619 EAGAN MN SEPTEMBER 1991 (6-7 i -- - , E J" c city of aagart 411. 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN,MINNESOTA 55122-1897 Maya PHONE:(614)454.8100 DAVID K.GUSTAFSON FAX.(612)454-8363 PAMELA WO/EA TIM PAWLENTY . THEODORE WAC HTER CamcH Members September 16, 1991 THOMAS HEDGES City Administrator EUGENE VAN OVERBEKE HONORABLE MAYOR & CITY COUNCIL . Cty Clerk CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MN. 55122 RE: City Project No. 619 Saddle Horn Addition Dear Mayor and City Council: Enclosed is the feasibility report for Saddle Horn Addition - Streetlighting. Includes is a preliminary cost estimate and preliminary assessment roll for the project. Staff will be available to discuss and present the details of the project to the Council and ip other interested public at a time convenient to the Council. • Sincerely yours, , italt. M chael P. Foertsch, P.E./L.S. Assistant City Engineer • MPF/jf I hereby certify that the attached plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of The State of Minnesota. ( J iLaltit _J72 As,istant City Engine Date: 9- /4. - ( I Reg. No. 18139 Director of Finance Date: y,,,,...,4 II THE LONE OAK TREE...THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/pffirive Action Employer FEASIBILITY REPORT AND COST ESTIMATE • SADDLE HORN ADDITION PROJECT 619 SCOPE: This project covers the installation of streetlights serving the residents in the Saddle Horn Addition in the NW 1/4 of Section 25, Eagan, Minnesota. FEASIBILITY AND RECOMMENDATIONS: This project is feasible and is in accordance with the City's policy on the installation of streetlights in residential areas. It can best be accomplished as outlined herein and not as a part of any other project. DISCUSSION; Residents in the Saddle Horn Addition have petitioned for the installation of streetlights. This addition contains 25 lots which would benefit from streetlighting. This area was developed before the City of Eagan adopted a comprehensive streetlighting policy. Since the enactment of this policy, all new additions have been required to install streetlights. The above-mentioned policy also has a provision enabling older additions to petition for streetlights. Under this provision, the cost of streetlight installation is assessed against the benefitted lots and the energy charge is paid quarterly by the residents along with their water and sewer bill. The energy needs for the Saddle Horn Addition are serviced by Dakota Electric Association, and they offer the type of streetlighting poles, lighting fixtures and the necessary maintenance service required by the City for residential streetlighting in accordance with the City of Eagan's streetlighting policy. It is proposed to have five streetlights installed. ORNAMENTAL STREETLIGHTS: These five streetlights would be the standard ornamental design with 100 watt high pressure sodium luminaire mounted on standard poles proposed to be installed by Dakota Electric Association. The conduit serving the streetlights is proposed to be placed underground and restoration would be completed by Dakota Electric. COST ESTIMATE: The following cost estimate includes the cost of underground conduit construction, restoration, administration, legal and other related project costs. 5 ea. 100 W ornamental high pressure sodium @ $700.00 $ 3,500.00 5% contingency factor 175.00 15% administration cost 525.00 TOTAL $ 4,200.00 Co Cost Revenue Installation $ 4,200.00 • Assessments $ 4,200.00 EASEMENTS/RIGHT-OF-WAY: All proposed placing of the underground conduit and the streetlight construction is located within the 60' platted public right-of-way. It is not anticipated that any easements will be required to complete this project. ASSESSABLE AREA/LEGAL DESCRIPTIONS. Saddle Horn Addition Block 1, Lots 1 - 7 Block 2, Lots 1-12 Block 3, Lots 1-6 ASSESSMENTS: Assessments are proposed to be levied on a per lot basis as is the current City policy. All costs of the project will be assessed. Estimated assessments are as follows: Estimated Assessment $ 168.00/lot Energy charge to be billed with water and sewer $ 2.80/lot/qtr. * Assessments would be spread over kias years at the interest rate in effect for the bond • financing the streetlights. * Rate quoted is 1991 and subject to change on an annual basis. PROJECT SCHEDULE: The following is the proposed schedule to be followed for this project assuming favorable action by the Council. PROJECT SCHEDULE Present Feasibility Report August 20, 1991 Public Hearing September 16, 1991 Approve Plans & Specs Construction Completed December 15, 1991/or May 15, 1992 Final Restoration June 1, 1992 Final Assessment Hearing Summer, 1992 First Payment due with taxes May, 1993 1 ° PRELIMINARY ASSESSMENT ROLL • PROJECT #619 - SADDLE HORN ADDITION Parcel Description Assessment Lot 1, Block 1 $ 168.00 Lot 2, Block 1 - 168.00 Lot 3, Block 1 168.00 Lot 4, Block 1 168.00 Lot 5, Block 1 168.00 Lot 6, Block 1 168.00 Lot 7, Block 1 168.00 Lot 1, Block 2 168.00 Lot 2, Block 2 168.00 Lot 3, Block 2 168.00 Lot 4, Block 2 168.00 Lot 5, Block 2 168.00 Lot 6, Block 2 168.00 Lot 7, Block 2 168.00 Lot 8, Block 2 168.00 Lot 9, Block 2 168.00 Lot 10, Block 2 168.00 Lot 11, Block 2 168.00 Lot 12, Block 2 168.00 Lot 1, Block 3 168.00 • Lot 2, Block 3 168.00 Lot 3, Block 3 168.00 Lot 4, Block 3 168.00 • Lot 5, Block 3 168.00 Lot 6, Block 3 168.00 • i • Agenda Information Memo October 15, 1991 City Council Meeting OUTSIDE STORAGE ORDINANCE AMENDMENT A. Ordinance Amendment, City of Eagan, Amending Chapter 11 (Zoning) of the Eagan City Code Regarding Outside Storage-At its regular meeting of September 24, 1991, the Advisory Planning Commission considered an ordinance amendment concerning outside storage to address certain concerns previously before the City Council. For additional information with respect to this item, please refer tg the Comm ty Development Department staff report which is enclosed on pages 754 through ? Ths1report covers the ordinance amendment which is enclosed on pages-76, through for your review. Also enclosed on page O is a copy of the Advisory Planning Commission minutes in this regard. The APC is recommending approval of this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment of Eagan City Code Chapter 11 regarding outside storage as presented. • • 13 MEMORANDUM • TO: GARY GRAVES, CHAIRMAN ADVISORY PLANNING COMMISSION FROM: JIM STURM, CITY PLANNER DATE: SEPTEMBER 19, 1991 RE: CONDITIONAL USE PERMITS — OUTSIDE STORAGE At the August 20 City Council meeting, the Conditional Use Permit request by Tom Thumb for outside storage was continued for 60 days by the City Council. A similar request by Holiday Station Stores was continued at the September 3 meeting so both could be addressed at the same time. The Council directed staff to prepare a definition of outside storage in an effort to help regulate, or eliminate, the storage of items outside buildings. Open sales lots, outside displays, and outside storage all have different definitions in the Zoning Code. The proposed new definition would be inclusive for all three and would read: To display, stock, keep, sell, or trade outside of a commercial or industrial building any items of merchandise, supplies, materials, finished goods, • inventory or other movable property, vending machines, trash receptacles, or motor vehicles. Currently outside storage is not a permitted use in any commercial/industrial zoning district; all allow outside storage only as a Conditional Use. An Ordinance Amendment has been prepared that would not allow any outside storage in Limited Business or Roadside Business districts and would only allow outside storage through the Conditional Use Permit process in Neighborhood Business, Community Shopping Center, General Business, and Light - Industrial districts subject to the following conditions: !7Z 1. Outdoor storage items shall be placed within an enclosure which shall be attached to J' ,,pl' the principal building. or' 2. The enclosure shall be made of material suitable to the building and the items to be stored. 3. The enclosure shall not encroach into any established front building setback area or other required setbacks. 4. The enclosure shall not interfere with any pedestrian or vehicular movement. 5. The items to be stored shall not exceed the height of the enclosure. 6. The display area shall not take up required parking spaces or landscaping areas. 7. The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. 8. The square footage of outdoor display areas shall be included in the calculation of required off-street parking for the principal use of the property. n • This attached ordinance will be scheduled for the October 15 City Council meeting. If you have any questions, please feel free to contact me. City Planner JS/js Attach. 41) • 111 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING) " BY AMENDING SECTIONS 11. 01, 11.10 AND 11.20 REGARDING OUTDOOR STORAGE BY BUSINESSES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Section 11.03 is hereby amended to read as follows: SEC. 11. 03. DEFINITIONS. The following terms, as used in this Chapter, shall have the meanings stated: • 54. I e = - - - - -_ -- - _ _ = - - = _ h---goods a-r= = - - = _ -_ ' - ' - : - . '-ldi-ng-. "Outdoor Storage" - To display, stock, keep. sell or trade outside a commercial or industrial building any items of merchandise, supplies, materials, finished goods, inventory or other movable property, vending machines, trash receptacles or motor vehicles. * * * Section 2 . Eagan City Code Section 11.10 is hereby amended to read as follows: SEC. 11. 10. GENERAL PROVISIONS. * * * Subd. 21. Motor Fuel Station Design. (Class I and II) . Motor fuel stations shall be subject to the following standards: * * * D. ll two goods offered for sale on the motor fuel station site, other than those generally motor vchiales, shall be stored, sold and displayed within outside a building unless permitted otherwise pursuant to Section 11. 10. Subd. 29 of this Chapter. `'E? Subd. 29. Outdoor Storage by Businesses. A. Restrictions. No outdoor storaae shall be permitted except in the Neighborhood Business ("NB") . General Business ("GB") . Community Shopping Center ("CSC") . Regional Shopping Center ("RSC") and Limited Industrial ("I-1") Districts and upon the City Council's granting of a conditional use permit. B. Performance Standards and Non-Compliance. 1. Standards. Outdoor storage permitted in accordance with Paragraph A herein shall conform to the following standards, in addition to those standards set forth in Section 11.40, Subd. 4 (C) : a. Outdoor storaae items shall be placed within an enclosure which shall be attached to the principle building. b. The enclosure shall be made of material suitable to the building and the items to be stored. c. The enclosure shall not encroach into any established front building setback area or other required setbacks. d. The enclosure shall not interfere with anv pedestrian or vehicular movement. e. The items to be stored shall not exceed the height of the enclosure. f. The display area shall not take up required parkins spaces or landscaping areas. a. The display area shall be surfaced with concrete or an approved equivalent to control dust, and erosion. The surface shall be properly_ ' maintained to prevent deterioration., h. The sauare footage of outdoor display areas shall be included in the calculation of reauired off-street parkins for the principal use of the property., Failure to comply with any condition 2 . Non-compliance. Fail P Y set forth in a conditional use permit, or any other violation of City Code provisions, shall constitute sufficient cause for the termination of the conditional use permit by the Council following a public hearing. Section 3 . Eagan City Code Section 11.20 is hereby amended to read as follows: SEC. 11.20. USE DISTRICTS. Subd. 9. LB Limited Business District. * * * C. Conditional Uses. Within any "LB" District, no structure or land shall be used for the following uses or uses deemed similar by the Council except by conditional use permit: * * * 0. Cardcn Storc or Outcidc Storagc and sale of Gard. Supplies• * * * Subd. 10. NB Neigborhood Business District. * * C. Conditional Uses. Within any "NB" District, no structure or land shall be used for the following uses or uses deemed similar by the Council, except through the granting of a Conditional Use Permit: i. Subject to Section 11.10. Subd. 29. of this Chapter. outdoor storage or 3alc3- and then only conducted by an occupant of the -shopping -cent-en principal building. * * * Subd. 11. GB General Business District. * C. Conditional Uses. Within any "GB" District no structure or land shall be used for the following uses or uses deemed similar by the Council except through the granting of a conditional use permit: 1. Motor Fuel Sales. 2 . Subject to Section 11.10. Subd. 29. of this Chapter. outdoor -sales or storage of motor --veh c ee- and then only conducted by an occupant of the principal building. 3 . Motor Vehicle Repair or Service Facility. 4. Outdoor research or Testing Facilities. Acccccory to Prino4pal—Use—et—Bulleking. 6. Outdoor Dicplay for Rental Shop_ 7. Retail Sales of Liquor, 3.2 Beer or Wine as Part of any Facility. i8. Restaurant Facilities or Food Sales. 9. Animal Kennels. 10. Truck Stops. 11. Amusement Devices Exceeding Three Machines at One Licensed Location or to be Located Within 200 Feet of any Other License Location. Subd. 12. "CSC" Community Shopping Center District. * * * C. Conditional Uses. Within any "CSC" District, no structure or lands shall be used for the following uses, or uses deemed similar by the Council except through the granting of a conditional use permit: 1. Subiect to Section 11. 10, Subd. 29, of this Chapter, outdoor display or calcc storage and then only conducted by an occupant of the shopping • center. Subd. 13. RSC Regional Shopping Center District. * * * C. Conditional Uses. Within any "RSC" District no structure or land shall be used for the following uses or uses deemed similar by the Council except through the granting of a conditional use permit: 1. Subiect to Section 11. 10. Subd. 29. of this Chapter. outdoor or di:.ploy or calcc storage, and then only when conducted by an occupant of the shopping center. * * * Subd. 16. "I-1"-Limited Industrial District. A. Permitted Uses. Within any "I-1" District, no structure or land shall be used except for one or more of the following uses or uses deemed • similar by the Council: * * * 13 . Storagc Yarde for Building Matoriale Provided-7 * * * C. Conditional Uses. Within the "I-1" District, no structure or land shall be used for the following uses or uses deemed similar by the Council except by Conditional Use Permit: 1. Open Calco Lot. 2. Truck and Freight Terminals. 3. Contractors Yards. 4. Explosives, including all activities involving the storage, utilization or manufacture of materials or products such as TNT or dynamite which could decompose by detonation. 5. Open Storage (primary and secondary use) Subject to Section 11. 10. Subd. 29. of this Chapter, outdoor storage and then only conducted by an occupant of the principal building. 6. Subject to Section 11.10. Subd. 29, of this Chapter, sales yards for building materials and then only conducted by an occupant of the principal building. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 111 Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 24, 1991 ORDINANCE AXEMDNANT - CITY OE SAGAN Chairman Graves opened the Last public hearing of the evening regarding an Ordinance amending Chapter 11 (Zoning) of the Eagan City Code regarding outdoor storage. City Planner Jim Sturm stated that both the Advisory Planning Commission and the City Council have recently reviewed applications, i.e. Tom Thumb and SuperAmerica, requesting a Conditional Use Permit for outside storage. The Advisory Planning Commission denied the applications and the Council continued them until City Staff could draft a definition of outside storage. Mr. Sturm stated that this has been done. He stated he will answer any questions. Member Staeheli asked for an example where an outside storage usage would be permitted. City Planner Sturm answered that an area attached to the side of SuperAmerica that was made of brick and not located near any traffic or pedestrians and met all eight conditions, would be permitted. He , stated that this ordinance was similar to Eagan's Sign Ordinance. Instead of completely restricting outdoor storage, it will be permitted but only if all of the conditions are met. Trygg moved, Voracek seconded, the motion to recommend to the City Council adoption of an Ordinance amending Chapter 11 (Zoning) of the Eagan City Code regarding outdoor storage. All voted in favor. ADJOURN MINT Voracek moved, Merkley seconded, the motion to adjourn the September 24, 1991 Advisory Planning Commission meeting at 7:55 p.m. All voted in favor. Secretary - Eagan Advisory Planning Commission • Led TSB LL:LT T6d 9E d3S Agenda Information Memo 411 October 15, 1991 City Council Meeting CONDITIONAL USE PERMIT/OUTDOOR STORAGE/TOM THUMB STORES B. Conditional Use Permit,Tom Thumb Stores,to Allow Outdoor Storage on Lot 1,Block 1, Bicentennial Addition, Located Along the South Side of Yankee Doodle Road in the NE 1/4 of Section 16--Pending co' a tion of the previous ordinance amendment, the referenced item was continued o .. 'e August 20, 1991 City Council meeting. This application had been previously h d by the Advisory Planning Commission at its July 23, 1991 meeting. For additional information with respect to the application, please ref r t the Co.. lir pity Development Department staff report which is enclose on pages through for your review. Also enclosed on pages 90 through a2 are the APC and City C‘uncil minutes in this regard. The APC had previously recommended denial of this application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use permit for Tom Thumb Stores to allow outdoor storage at the above referenced location as presented. • t 0-p p ..o.� a d..cy w-a. GO z L_ �...�;,.,.� - �.�... �.►.� coo . • SUBJECT: CONDITIONAL USE PERMIT APPLICANT: TOM THUMB FOOD MARKETS INC S LOCATION: 1446 YANKEE DOODLE RD P.I.D. #10-14000-010-01 EXISTING ZONING: PD (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: JULY 23, 1991 DATE OF REPORT: JULY 2, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow outside display and storage in front of the Yankee Square Tom Thumb store located at 1446 Yankee Doodle Road along the south side of Yankee Doodle Road, west of Washington Drive. COMMENTS: The site is zoned PD (Planned Development) with NB (Neighborhood Business) uses. The NB district allows "quick-stop food stores" as permitted uses. Tom Thumb moved into its current location in March of 1991 after doing business at the east end • of the mall for the past 15 years. A Conditional Use Permit to allow motor fuel sales was approved on October 2, 1990. The applicant is seeking this Conditional Use Permit to allow the display and storage of salt on the sidewalk directly in front of the store. The applicant is not proposing any screening of the storage and the location will take up sidewalk space in front of the store. Staff has been attempting to eliminate storage/display of goods (windshield washer fluid, soda pop, rock salt, etc.) in front of food and motor fuel stores. Typically, outside storage is required to be fully screened and located away from designated traffic areas. If approved, this Conditional Use Permit shall be subject to: 1. The storage materials shall not be higher, wider, or deeper than 3'. 2. The storage area shall be fully screened. 3. All other applicable City Codes. • FINANCIAL OBLIGATION - 16-CU-9-6-91 Tom Thumb Food Markets Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. 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MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: AUGUST 14, 1991 RE: CONDITIONAL USE PERMIT TOM THUMB STORES Last fall when the Conditional Use Permit to allow motor fuel sales for the Tom Thumb at Yankee Square was approved, there was not a condition regarding outdoor storage. Typically, that condition is added as a reminder to store owners that outdoor storage is not a permitted use in the City. Planning staff has been actively trying to eliminate outdoor sales and displays and many stores have complied by moving items inside the building, including the PDQ store at the Diffley and Pilot Knob intersection, and the Holiday and Phillips 66 stations along Pilot Knob Road. Tom Thumb would have been required to comply with zoning requirements whether they relocated in the center or not. This is the chronology of the events leading up to their application: • On May 10, Mike Ridley personally visited the Tom Thumb store and informed the store manager that outdoor storage was not permitted and must be moved indoors. He told him if they had any questions to please contact him; he received no calls. On May 30, he re-inspected the property and found the situation had not changed. He spoke with the store manager and was told that another representative (Bob Guetter) within Tom Thumb told him not to move the items inside. Mike contacted Mr. Guetter and discussed the situation at length with him and advised him to call him if there were any further questions; Mike received no calls. On June 6, Mike again inspected the property and found the situation unchanged. He spoke to the store manager over the phone and stated he would not issue a summons if the outdoor storage was removed. This was not done and Mike issued a summons for the misdemeanor offense. A court date was scheduled for June 20. • • ?sP • On June 18, the City agreed to dismiss the summons as all items had been • moved inside. A Conditional Use Permit application was submitted on June 28. Since that time, Holiday Stationstores has submitted a Conditional Use Permit application that has been scheduled for the August 27 APC meeting. The Planning Commission denied • the Torn Thumb request based on Conditional Use Permit Standards Cl, C3, and that approving the application would be setting a precedent for other facilities within the City. Attached is a copy of the Code that pertains to Conditional Use Permits. I hope this information provides the background you need. If further information is required, please contact me. City Planner JS/js • S a, CONDITIONAL USE PUXIT VON TIM STORES • Acting Chairman Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage on Lot 1, Block 1, Bicentennial Addition located along the south side of Yankee Doodle Road in the NE 1/4 of Section 16. City Planner Jim Sturm stated that the applicant has recently relocated from the end of the building to the center. The are requesting outdoor storage of rock salt on the sidewalk in front of their business. The intent of outdoor storage is for the primary use of the business, not for marketing purposes. During the recent months . the City has been trying to eliminate the sidewalk displays and if allowed would like to see them screened. Tim Monzel, district manager of Tom Thumb, stated that since December, 1975, Tom Thumb has had outdoor displays of items on their sidewalk and they were never screened. Tom Thumb would like to keep the rock salt outside because it is more convenient to the customer. Chad Sandy, property manager of Federal Land Company, commented that they were in approval with the applicant's request. Commission Member Hoeft felt that the other tenants of the building should have been notified about this request. He also believes that the outside storage would not be aesthetically pleasing and is potentially a hazardous situation for customers. Mr. Monzel stated that the other tenants have never voiced any concerns over the outside storage. Acting Chairman Voracek was concerned that there would be no place for customers to pass on the sidewalk. Developments entering the City now are not allowed outside storage and feels that Tom Thumb should not be any different from other convenience stores. This decision will set a precedent. Commission Member Merkley agreed with Voracek. He believed that outside display was a negative visual appearance for Tom Thumb. He was also concerned with the safety factor. Mr. Monzel stated that if the outdoor display was not aesthetically pleasing or was a hazard for his customers he would not allow the rock salt to be stored outside. Markley moved, Hoeft seconded, the motion to deny a Conditional Use Permit to allow outdoor storage on Lot 1, Block 1, Bicentennial Addition located along the south side of Yankee_ Doodle Road in the NE 1/4 of Section 16, for the following reasons: 1. Create a safety problem for customers using the sidewalk. 2. It is non-compatible with the existing Center. 3. It will set a precedent in what other convenience stores S will be allowed to do. All voted in favor. �V Aiusufor ell I CONDITIONAL tISE PEIRM1rT ftOM TsUMS STORES • Mayor Egan introduced this item as a Conditional Use Permit for Tom Thumb Stores,to Allow Outdoor Storage on Lot 1,Block 1,Bicentennial Addition,Located along the South Side of Yankee Doodle Road ie the Northeast Quarter of Section 16. City Administrator Hedges said the Advisory Planning Commission had considered this item at their July 23 regular meeting and had recommended denial. Director of Community Development Runkle said the City Code allows this application for outside storage through the conditional use permit process and the issue would be one of policy. Mr.Tim Wonzel,District Manager of Tom Thumb,said their request had been recommended for denial by the Advisory Planning Commission based on three issues. One issue was safety but be pointed out that an 8 foot sidewalk was available and any outside storage would still leave a great deal of walking space for customers. As to the non-compatibility issue,he said they were in compliance with the ordinance,as the outside storage was consistent with their neighbors and aesthetically did not harm adjacent property values. Lastly,Mr. Wonzel addressed the APC's concern that a precedent would be set. He said other convenience stores would like to participate and be did not believe the City Council should keep them from doing what other stores would like to do. in addition, lack of enforcement regarding outside storage at their previous location had led them to believe storage was allowed. City Attorney Sheldon said while a case could possibly be made for a pre- existing, nonconforming use at their previous location,it did not go with them when they moved. The City Council then discussed City policy on outdoor storage and enforcement at other locations. After further discussion, the question arose as to whether outside storage was a condition of Tom Thumb's previous conditional use permit for fuel sales. 410 Egan moved,Wachter seconded a motion to continue the conditional use permit application for Tom Thumb stores for outdoor storage on Lot 1,Block 1,Bicentennial Addition to the August 20,1991,regular City Council meeting for additional research on the issue.of outside storage. Aye: 4 Nay. 1(McCrea) 410 /1/4,t4t L l CONDmoNAL USE PERMIT/TOM THUMB STORES Mayor Egan introduced this item as a conditional use permit for Tom Thumb Stores to allow outdoor storage on Lot 1,Block 1,Bicentennial Addition,located along the south side of Yankee Doodle Road in the NE 1/4 of Sec 16. Director of Community Development Runkle asked that this item be continued to allow staff and the City Attorney's office the opportunity to research and define"outside storage' He said the City Code does not provide a definition of outside storage and suggested it be amended before consideration of this conditional use permit. The Council recommended that some thought also be given to the amount of sidewalk required to remain for walking if sidewalk storage is in question and whether different standards should apply to applicants housed in free-standing buildings versus part of a mail. Pawlenty moved,Wachter seconded,a motion to continue to the October 15,1991 regular City Council meeting the conditional use permit application for Tom Thumb Stores to allow outdoor storage on Lot 1,Block 1,Bicentennial Addition,and to direct staff to research and define'outdoor storage'for amendment to the City Code. Tim Wonzel, District Manager for Tom Thumb said they have done everything required under the present City Code in applying for a conditional use permit for outside storage and asked why it was necessary to continue this item. The Council pointed out that in the interests of consistency, it is important to have a uniform definition of outside storage. Mr.Wonzel suggested that when studying outside storage,that staff also look at: grocery carts,pop machines,and paper vending boxes. After further discussion,it was determined that no enforcement of outside storage restrictions will take place until a decision is made on an amendment to the ordinance. Aye: 5 Nay. 0 • • • Agenda Information Memo October 15, 1991 City Council Meeting CONDITIONAL USE PERMIT/OUTDOOR STORAGE/HOLIDAY STATION STORES C. Conditional Use Permit,Holiday Station Stores,to Allow Outdoor Displays and Storage in a CSC (Community Shopping Center) District Located on Lot 1, Block 1, Mari Acres 2nd Addition, at the NW Intersection of Nicols Road and Cliff Road in the SW 1/4 of Section 30—This application was previously before the City Council on September 3 at which time it was also continued pending consideration of the previously mentioned ordinance amendment. For additional information with respect to this item, please f to the ' Community Development Department staff report w ch is enclosed on ages 'f through 762 for your review. Also enclosed on pages through are the Advisory Planning Commission and City Council minutes with respect to this item. The APC had previously recommended denial of this application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use permit for Holiday Station Stores to allow outdoor displays and storage at the above referenced location as presented. • q • • 3 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: HOLIDAY STATION STORES INC LOCATION: 4595 NICOLS ROAD P.I.D. #10-47401-010-01 EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: AUGUST 27, 1991 DATE OF REPORT: AUGUST 12, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow outside display and storage in front of the Holiday store located on the northwest corner of Cliff Road and Nicols Road. COMMENTS: The site is zoned CSC (Community Shopping Center). Outside display and storage is only allowed by a Conditional Use Permit in this zoning district. This Holiday store received a Conditional Use Permit for motor fuel sales in October 1986 and a • Conditional Use Permit for a pylon sign in July 1987. The applicant is seeking this Conditional Use Permit to allow the display and storage of salt on the sidewalk directly in front of the store. The applicant is not proposing any screening of the storage. For approximately two and one-half years, staff has been attempting to eliminate storage/display of goods (windshield washer fluid, soft drinks, rock salt, etc.) in front of food and motor fuel stores through inspection and enforcement, as well as prohibiting such storage as a condition of plat approval and/or conditional use. Typically, outside storage is required to be fully screened and located away from designated traffic areas. If approved, this Conditional Use Permit shall be subject to: 1. The storage materials shall not be higher, wider, or deeper than 3'. 2. The storage area shall be fully screened. • 3. It shall be recorded with Dakota County within 60 days of approval, with verification provided to the City. 4. All other applicable City Codes. • q"/ • FINANCIAL OBLIGATION 30-CU-148-91 HOLIDAY STATION STORES Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount None S 0 ===== • • t fI I a', ' 1.••1' — •••.aa•«ter _M�• i ; •it to a 1 ( I a * e•.,i 1 1 ,I AIL----ki..�. . ;1 • I I i il . !. lt I; ■ 0 II f . r • " 1 it 0 �; v . � . ) 1 /ii) I . 0 . a�Z ! `.I- .... 111 Pi . I ill. if\ II $1 I,; ,� III - . . - , • M i CLIFF t • . I HOLIDAY 1 -gym :;ft91 • o m Qe �_-- __ii. . --L.=.•=_ /1....,_...■■■,O,Ir. :[r1 ___-__. _ ____-7,6.7_,______:,..„,... • • . .7(0 Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES • AUGUST 27, 1991 CONDITIONAL USE PERMIT NOLIDAY STATIONBTOREB, INC. Chairman Graves opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor displays and storage in a CSC (Community Shopping Center) district located on Lot 1, Block 1, Mari Acres 2nd Addition, at the NW intersection of Nicole ' Road and Cliff Road in the SW 1/4 of Section 30. City Planner Jim Sturm stated that this application is similar to the Tom Thumb application which appeared before the Commission on July 23, 1991, and at which time was denied. It was denied because of: 1) safety concerns, 2) non-compatibility with existing center, and 3) it will set a precedent to what other convenience store will be allowed to do. He related that the City has been trying for two years to eliminate all outdoor storage in front of convenience stores. Mark Nelson, a representative of Holiday Stores, stated that Holiday sells many items from the outdoor display area. He felt that it was convenient for customers to have this area. Mr. Nelson also mentioned that Holiday has had outdoor storage since 1986 and they • did not feel it was right to take this away from them. Chairman Graves commented that it is convenient for customers, but that it is also a safety problem. Mr. Nelson replied that this specific Holiday store has 7 foot sidewalks and the outdoor display is away from the main traffic areas. Member Merkley stated that he feels the same way as he did last month, and that outdoor storage should be eliminated. Member Miller agreed with Member Markley and felt this application should be denied because of the same three reasons the Tom Thumb application was denied. Miller moved, Hoeft seconded, the motion to deny a Conditional Use Permit to allow outdoor displays and storage in a CSC (Community Shopping Center) district located on Lot 1, Block 1, Mari Acres 2nd Addition, at the NW intersection of Nicole Road and Cliff Road in the SW 1/4 of Section 30, for the following reasons: 1. Create a safety problem for customers using the sidewalk. 2. It is non-compatible with the existing center. 3. It will set a precedent in what other convenience stores will be allowed to do. All voted in favor. dixr- 3 vrt t CONDITIONAL USE PERMIT/HOLIDAY STATIONSTORES,INC. Mayor Egan introduced this item as a conditional use permit for Holiday Stationstores,Inc.,to allow outdoor displays and storage in a CSC (Community Shopping Center) district located on Lot 1,Block 1,Mari Acres 2nd Addition,at the NW intersection of Nicols Road and Cliff Road in the SW 1/4 of Section 30. After comments by City Administrator Hedges,the City Council agreed,as in the Tom Thumb case,it would not be appropriate to take action until the City had clearly defined'outside storage.' Wachter moved,McCrea seconded a motion to continue to the October 15,1991,regular City Council meeting a conditional use permit as requested by Holiday Stationstores to allow outdoor displays and storage at the Holiday Stationstore located at the northwest corner of Cliff Road and Nicols Road. Mark Nelson,representing Holiday Companies,said the conditional use permit being requested was only to maintain the outside storage that already exists. He then addressed each of the issues cited by the Advisory Planning Commission in the denial of their application. All Holiday Stationstores have extended 7'sidewalks and,in this particular area,all their outside storage is off to the west where there is no circular traffic. In regard to being compatible,Mr.Nelson said their outside storage is compatible with their use as a convenience center. Mr.Nelson dismissed the precedence concerns because with conditional use permits,the Council should weigh each site specifically. He then asked the City Council to approve their request for a conditional use permit. Councilmember McCrea acknowledged that outside storage is being utilized without a conditional use • permit at various locations throughout the City but she also pointed out that those businesses were in violation of City ordinance. While staff researches the definition of outside storage,the City has elected not to cite those businesses in violation of the ordinance;however,the Councilmember expressed her opposition to such storage and the safety hazards it presented. She said she anticipated some very strict guidelines in the future for the issuance of conditional use permits for outside storage. In the interests of clarification,it was noted that this application as well as the Tom Thumb application will be returned to the Advisory Planning Commission for public hearing after staff has reviewed and defined 'outside storage.' Both applications will then be returned to the Council for their consideration at the October 15, 1991,regular City Council meeting. Aye: 5 Nay: 0 q%S) • • Agenda Information Memo October 15, 1991 City Council Meeting iggWATS.11414C. WAIVER REQUEST/PARK SHELTER FEES/TIGER SCOUTS A. Request to Waive Park Shelter Fee, Trapp Farm Park, Tiger Scouts Pack #452/John Griggs, 4091 Vermont Avenue--A request has been received of John Griggs on behalf of Tiger Scout Pack #452 for a waiver of the $50 park shelter fee for use of Trapp Farm Park shelter in November. The City has not waived this fee for scout or similar groups in the past because the fee is established to defray the direct costs associated with opening,heating and cleaning the shelter buildings. Approximately one half dozen scouting groups have paid the fee for use of the facilities in 1991. A copy of Mr. Griggs' request is enclosed on page for your review. Mr. Griggs has indicated an intention to pay some portion of the tandard fee but has indicated that his group is not able to guarantee the standard fee for the meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of the park shelter fee for Trapp Farm Park shelter for Tiger Scout Pack #452, John Griggs, as presented. • • • V.. . sue.. N o S c.4. ) Can. • Cl • OCT 03 '91 14:32 P.1 ROSEMOLJNT' MeContrasurea m Mr ent sand be. Facsimile Lead Sheet s ElirbiMt Analytical 14300 Judicial Road Valves 8umeville,MN 56337 U.S.A. • NUMBER OF PAGES DATE October 3, 1991 ` INCLUDING LEAD SHEET 14 ) TIME TO FROM COMPANY EAGAN SENDER J• Griggs ATTENTION Mayor & City Council FAX NUMBER CITY C/0 -r(7 3 5 VERIFY NUMBER STATE/COUNTRY M.S. FAX NUMBER , 454-8363 SUBJECT Fee Waiver - Trapp Farm Park Shelter CC Greetings Mayor & Council Members: I am participating in event planning for a new Den of Tiger Scouts • (Ages 5 & 6, Pack 452: Eagan) . Our first organizational meeting occurs this month. The Tiger Scouts Den i represent is comprised of 8 boys and 8 adult partners (fathers, mothers, brothers or sisters) . The program is very family oriented. Our Den would like very much to utilize Trapp Farm Park Shelter for our November Den meeting. The shelter fee is $50.00 which is quite reasonable, however I have found that securing the $$$ up front (from 8 families with varied budgets and schedules) is a barrier to this opportunity. It seems we cannot guarantee collecting $50.00 from the group due to group dynamics (size, schedule, budget) . Thus, I am requesting the Mayor and Council for special consideration resulting in a fee waiver for our Den. If allowed, the waiver would provide the Den organizers and families the flexibility to plan an opportunity in our Trapp Farm Park. While the fee may be waived, it is still our intention to pass the hat at the November meeting and submit the $$$ collected to the city. It may be $50.00. Or, it may be short. Thank you for considering this "21t-based" pricing request for the Tiger Scouts. sincerely, --(041C-5411Reir-dan--- Form 62759.1 Rev. B• \ OO Agenda Information Memo • October 15, 1991 City Council Meeting CLEAN WATER PARTNERSHIP PROGRAM GRANT APPLICATION B. Resolution Authorizing Clean Water Partnership Program Grant Application for Fish in Blackhawk Lakes—The City's water resources program has the opportunity to apply for a Clean Water Partnership Program Grant through the Minnesota Pollution Control Agency for assistance in control of non-point source pollution. The Water Resources Coordinator has prepared a scope of work encompassing a feasibility study and implementation plan to help improve water qualities in Fish Lake and Blackhawk Lake. The grant would pay for up to 50% of the costs of this program. For additional information with respect to this applicatio please refer to the water resources staff report which is enclosed on p es � through (03 for your review. The report includes a resolution on page (o winch would be the basis of the action to be considered by the Council. The purpose of the resolution will be to authorize the application and meet certain qualifications for the application for this funding assistance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution authorizing a Clean Water Partnership Program Grant application for Fish and Blackhawk Lakes as presented. • CZ, GNk � • vol MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DATE: OCTOBER 9, 1991 SUBJECT: REQUEST FOR CITY COUNCIL APPROVAL OF A RESOLUTION AUTHORIZING CLEAN WATER PARTNERSHIP GRANT APPLICATION FOR FISH AND BLACKHAWK LAKES The Clean Water Partnership Program (CWP) is a Minnesota Pollution Control Agency (PCA) administered grant program that provides financial and technical assistance to local units of government for the improvement of water quality through the control of non-point sources of pollution. The grant process is a competitive one and will depend on the outcome of a ranking process by PCA program administrators and their advisory council. Last year, five projects were approved for funding from a field of 30 applications. Grants are for up to 50% of the eligible cost of a project. City staff propose to submit a CWP grant application to carry out a diagnostic/feasibility study and develop an implementation plan to improve water quality in Fish Lake and Blackhawk Lake. The project would involve intensive in-lake and runoff sampling, an assessment of the watershed, and computer modeling to identify the specific causes of poor water quality in each lake. The study 0 would conclude in the development of a customized, site-specific strategy for treating those problems. Both lakes are designated as Class I - Direct Contact recreation water bodies in the City water quality management plan. Water quality in each has deteriorated in the last several years and no longer meets several key water quality standards established in the plan. Blackhawk Lake is second and Fish Lake third on the list of long-term lake enhancement priorities for the City. The estimated total project cost is $216, 000. The City will request a grant of $108,000. About 60% of the City's match of $108,000 could be achieved through existing staff resources and use of City-owned equipment. The remaining $44,000 in cash that would be needed to achieve the remainder of the City's match would be spread over three fiscal years. If the grant is awarded, a detailed project work plan will be developed through a joint effort between the City and a consultant. Data collection and monitoring activities will occur between October 1992 and September 1993. Data analysis, modeling, and implementation plan preparation will occur between October 1993 and August 1994. Another grant application would then be submitted to PCA requesting grant funds to carry out the measures identified in the implementation plan. 1 �O� Attached is a resolution which must be approved by the City Council before the application will be accepted by the Pollution Control 110 Agency. The application deadline is October 30, 1991. Therefore, I 'm requesting that this item be placed on the Council agenda for their October 15 meeting. Please let me know if you need any more information. Thank you. 1 Rich Brasch Water Resource Coordinator RB/cj k cc: Ken Vraa, Director of Parks and Recreation Tom Colbert, Director of Public Works John VonDeLinde, Superintendent of Parks Attachment 26wp:grantapp 2 o3 RESOLUTION IDENTIFYING PROJECT REPRESENTATIVE AND AUTHORIZING THE APPLICATION FOR THE CLEAN WATER PARTNERSHIP PROGRAM BE IT RESOLVED by the Eagan City Council that it hereby designates Rich Brasch, Water Resources Coordinator, as the Project Representative for the Fish Lake/Blackhawk Lake Diagnostic Feasibility Project proposed Clean Water Partnership Phase I - Resource Investigation Grant. The Project Representative shall have the authority to represent the City of Eagan in all matters that do not specifically require action by the Eagan City Council. The Minnesota Pollution Control Agency (MPCA) shall direct Clean Water Partnership Application correspondence to the Project Representative and shall consider correspondence from and actions taken by the Project Representative to be that of the Eagan City Council. BE IT FURTHER RESOLVED by the Eagan City Council that the Project Representative designated above is hereby authorized to submit to the MPCA a Clean Water Partnership Phase I - Resource Investigation Grant Application for the Fish Lake/Blackhawk Lake Diagnostic/Feasibility Project. t , :E IT FURTHER RESOLVED by the Eagan City Council that the total 'project cost of this project is not expected to exceed ` of which not less than $ shall be provided by the City of Eagan and any contributing sponsors. RESOLUTION INTRODUCED BY: RESOLUTION SECONDED BY: VOTE ON RESOLUTION: WHEREUPON the above resolution was adopted at the Tuesday, October 15, 1991 Meeting of the Eagan City Council. (Authorized Signature) (Date) (Title) (Attested to By) (Date) 00004;g421am* 26wp:grantapp ‘044. • Agenda Information Memo October 15, 1991 City Council Meeting CONSIDERATION SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS C. Consideration of $6,450,000 in Single Family Mortgage Revenue Refunding Bonds, Series 1991—Upon completion of the sale of mortgages generated from the City's 1980 Single Family Mortgage Bond Program, City staff was approached by the Dakota County HRA about an additional First Time Homebuyer Program. The sale of the mortgages which is summarized in a letter from Kathy Aho of Springsted in the informative section of the City Council packet does not require any additional action by the City. However, the sale does provide an opportunity for the Dakota County HRA to do another program within the County and/or the City. The City would need to authorize the program but participation by the City in the program would be optional. In the event the City Council desires to authorize and parti 'pate in the program it can be crafted to suit the needs of the City. Enclosed on page is a copy of the memo from M k Ulfers making the request on behalf of the HRA. Enclosed on pages through (o is a copy of a letter from Kathy Aho which provides some additional background, summarizes the potential program and highlights some public policy issues which are as follows: • 1. Does the City Council want to permit the issuance of these bonds?yam? 14' 2. If yes, how much if any of the proceeds should be restricted to loans within the City? 1� �^("' 3. Again, if yes, how long should the funds be reserved to the City? (HRA is suggesting • 0-18 months). Finally, should the period of 10 - 18 months be restricted only to existing homes as opposed to new construction? The HRA is requesting flexibility in satisfying the reservations in combination with an existing program which is no problem for the City. Enclosed on pages//0 and fi l is a copy of the resolution authorizing this transaction through execution of a joint powers agreement. On pages /Z through //9 is a draft copy of a possible joint powers agreement. It should be noted first, that as of the packet preparation time frame, no formal review has been completed by the City's bond counsel of these documents. Steve Rosholt of Faegre and Benson has not expressed problems in general terms, however, a formal response is required before City Council authorization. Second, the transaction (new bonds sold)must be completed before November 1, 1991, as that is the date when the existing funds at First Trust will be used to call the old bonds from the 1980 issue. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the resolution authorizing execution of a joint powers agreement approving the issuance of a joint powers agreement, approving the issuance by the Dakota County Housing and Redevelopment authority of its $6,450,000 single family mortgage revenue refunding bonds pursuant to such agreement and authorizing the execution of related documents. • If approved, to determine how the City would like to have the program structured. PP � tY P gr ( Os Housing & Redevelopment Authority DAKOTA COUNTY f 2446 145th St.A\ • R,uemou ut.\1\ >5.6' • 612 42i • 1- (-'2-42 2422 M E M O R A N D U M TO: Eagan City Council Tom Hedges, City Administrator FROM: Mark S. Ulfers, Executive Director DATE: October 8, 1991 s SUBJECT: 1991 Eagan First Time Homebuyer Program I am writing to request that the City of Eagan allow the HRA to issue single family mortgage revenue bonds on the City's behalf for ta First Time Homebuyer Program. The City and the HRA have a window of opportunity to refund an old single family program and issue $6,450,000 in new mortgage revenue bonds; however, the bonds must be issued before November 1, 1991. A new First Time Homebuyer Program will provide 70-80 loans at below market rates to families earning less than approximately $38,000. The mortgages are limited to existing homes only for the first ten months of the program, and may be limited after 10 months at the City's discretion. The HRA will administer the First Time Homebuyer Program and pay all fees and expenses associated with it, including fees incurred by the City of Eagan. The City will have no short or long-term financial liability to repay the bonds, or any out-of-pocket expenses. In addition, a Joint Powers Agreement between the City and HRA shall state that anv proceeds from a future refunding of this program could only be spent for the benefit of the City of Eagan, with the City's consent. The City has the opportunity to craft the program to suit its needs, yet not have to handle the administration of it. In particular, the City may decide how much of the bond proceeds should be reserved for the City of Eagan and for how long, as well as the extent of limitations on new construction. The accompanying memo from Kathy Aho at Springsted discusses the options for the program. Thank you for considering the HRA's request, and for your cooperation in capturing this refunding opportunity to make home ownership affordable. Please do not hesitate to call me at 423- 8100 with questions or concerns. 'AN EQUAL OPPORTUNITY EMPLOYER" � O � IUSPRINGSTED PUBLIC FINANCE ADVISORS • 500 Elm Grove Road 85 East Seventh Place Suite 100 135 North Pennsylvania Street Suite 101.P.O. Box 37 Suite 2015 Elm Grove.WI 53122.0037 Saint Paul,MN 55101-2143 Indianapolis,IN 46204-2498 (414)782-8222 (612)223-3000 (317)684-6000 Fax:(414)782-2904 Fax:(612)223-3002 Fax:(317)684-6004 2739 Second Avenue S.E. 512 Nicollet Mall 6800 College Boulevard Cedar Rapids. IA 52403-1434 Suite 550 Suite 600 (319)363-2221 Minneapolis,MN 55402-1017 Overland Park,KS 66211 Fax:(319)363-6999 (612)333-9177 (913)345-8062 Fax:(612)333-2363 Fax:(913)345-1770 October 9, 1991 Mr. Thomas Hedges Mr. Eugene VanOverbeke City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Dakota County H.R.A. Single Family Refunding Bonds • • Dear Sirs: Recently the City Council authorized a transaction whereby certain mortgages securing the 1980 Single Family Mortgage Bonds were packaged into FNMA's and sold. Proceeds of the sale were used in part to establish an account which will permit the Bonds to be redeemed in advance of maturity on November 1, 1991. The deposit of these funds is being maintained at First Trust Company. Subsequent to the mortgage sale, the Dakota County Housing and Redevelopment Authority (the "H.R.A.") has requested that the City, through a joint powers agreement with the H.R.A. , permit the issuance of refunding bonds. The proceeds of the refunding bonds will be exchanged for the amount on deposit to redeem the 1980 Bonds. The funds received back from the original deposit will then be used to provide new single family mortgages. The mortgages will be provided to first time homeowners whose income and home purchase price do not exceed state or federal limits. Absent acquiring an allocation from the State, this type of bond can no longer be issued. By permitting the transaction, the City will allow the reuse of the original authorization. The bonds to be issued will be issued by the H.R.A. with the City participating through the joint powers agreement. Because the City will not be an issuer, there will be no effect on federal tax determinations such as rebate and bank qualification. The City will have no financial obligation now or in the future for the bonds and the offering documents will specifically state that the bonds are not obligations of the City for which payment can be • sought in the event that mortgage income does not cover bond payments. V 0 1 October 9, 1991 Page 2 The bonds are expected to be secured by guaranteed payments from G.N.M.A. securities. The mortgages backing the securities will be the mortgages • generated by the program. Under this type of structure the bonds will be rated AAA based on the G.N.M.A. guarantee and extensive cash flow analyses that must be provided to the rating agency. If it chooses to permit the issuance of the refunding bonds for the purpose of generating first time homeowner mortgages, the Council must adopt the joint powers agreement. Staff has asked that the Council be permitted, through this agreement, to determine how the proceeds of the issue will applied as they relate to the City of Eagan. Additionally, the joint powers agreement is to provide that the H.R.A. be the issuer of the bonds; that no financial costs be borne by the City, including current costs of issuance, future program costs, or any bond payment costs; and that in the event of a future restructuring releasing funds from the bonds issue, that such funds be employed within the City for an authorized purpose which benefits the City. Determination of application of proceeds has been left to the Council 's discretion as evidenced by intended omissions in the joint powers agreement. If the Council determines to permit the issuance, it must consider the following: Do you want proceeds of the program used to generate first time homeowner loans within the City? If so, of the $6,450,000 that will become available, what percentage (0 to 100%) would you like reserved? If the Council wants these funds specifically reserved for use within the • City, it must consider the following: How long a period of time (0 to 18 months) would you like the funds reserved? Funds will be available from the program for up to 42 months, however, due to a substantial cash contribution from the H.R.A. which can only be recovered if mortgages are made, the H.R.A. would like to have the flexibility to originate loans outside of the City after a period of 18 months. City residents will still have equal access to the program, but not on a reserved basis. How many months (10 to 18) would you like funds employed in Eagan for the purchase of existing homes as opposed to new construction? The law requires that funds be used only for existing construction for a period of ten months. To the extent that the Council may wish to reserve funds, the H.R.A. is requesting that it be permitted to satisfy the reservation from either this program or an existing program that was recently established. The existing program also required a substantial contribution from the H.R.A. that is repaid only if mortgages are originated, but it has a shorter (18 month) origination period. Unless the existing program funds are depleted, mortgages originated within the City will be provided from that source. The City's bond counsel , Faegre and Benson, has been asked to review the • proposed joint powers agreement and future bond documents on the City's 69) October 9, 1991 Page 3 behalf. Their review of the joint powers agreement and the transaction • generally will be completed prior to the Council 's need to make its determination on October 15, 1991. If the Council moves to adopt the joint powers agreement, the H.R.A. will proceed with its bond sale in anticipation of a closing prior to November 1, 1991. Sincerely, cI Kathleen A. Aho Senior Vice President cc: Steven Rosholt Mark Ulfers Barbara Portwood • • ( c\ CITY OF EAGAN, MINNESOTA RESOLUTION NO. • RESOLUTION AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT, APPROVING THE ISSUANCE BY THE DAKOTA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY OF ITS $6,450,000 SINGLE FAMILY MORTGAGE REVENUE REFUNDING BONDS PURSUANT TO SUCH AGREEMENT, AND AUTHORIZING THE EXECUTION OF RELATED DOCUMENTS. WHEREAS, the City of Eagan (the "City") has heretofore issued its Single Family Mortgage Revenue Bonds, Series 1980 (the "Prior Bonds"); and WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City and The Dakota County Housing and Redevelopment Authority (the "Authority") are each authorized to issue revenue bonds to refund their outstanding mortgage revenue bonds; and WHEREAS, Minnesota Statutes, Section 471.59 (the "Joint Powers Act"), provides that "two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any powers common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised"; and WHEREAS, it is in the best interest of the City and the Authority that they • enter into a Joint Powers Agreement in substantially the form attached hereto as Exhibit A (the "Joint Powers Agreement") to provide for the issuance by the Authority of its Single Family Mortgage Revenue Refunding Bonds, Series 1991 (the "Refunding Bonds"), to provide funds to refund the Prior Bonds; and WHEREAS, the Authority has previously approved a program (the "Program") for the issuance of single family mortgage revenue bonds pursuant to and in accordance with the Act; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Eagan, as follows: 1. The City hereby finds and determines that it is in the best interests of the City that it enter into the Joint Powers Agreement with the Authority. 2. The City hereby authorizes and directs the Mayor and the City Administrator (or in their absence or unavailability, any member of the City Council or officer of the City) to execute the Joint Powers Agreement in substantially the form attached hereto, with any modifications which may be determined by the executing parties to not be materially adverse to the interests of the City. Execution of the Joint Powers Agreement by the authorized officers shall constitute conclusive evidence of such determination. 3. The City hereby approves the issuance of the Refunding Bonds by the Authority pursuant to the Joint Powers Agreement for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended. • l 4. The Mayor and the City Administrator of the City are hereby authorized and directed to execute any amendment to the Indenture of Trust • relating to the Prior Bonds which is appropriate in connection with the refunding of the Prior Bonds in a form approved by the City Attorney and to execute any certifications necessary in connection with the issuance of the Bonds. Dated this 15th day of October, 1991. Mayor • • \2 First Draft 10/9/91 • JOINT POWERS AGREEMENT FOR A SINGLE FAMILY HOUSING REVENUE BOND PROGRAM THIS AGREEMENT has been entered into as of the 1st day of October, 1991, between and among the City of Eagan, Minnesota (the "City"), the Dakota County Housing and Redevelopment Authority (the "Authority") (together the "Joint Parties") pursuant to Minnesota Statutes, Section 471.59 and Chapter 462C. The Authority is sometimes referred to herein as the "Issuer". 1. Statement of Purpose and Powers to be Exercised. There is a need in Dakota County to preserve the quality of life through the maintenance, provision and preservation of adequate housing stock, to encourage new housing construction, and to provide affordable housing to persons of low and moderate income. To promote the public health and welfare, the Joint Parties will undertake a joint program of providing below market interest rate mortgage loans primarily to persons of low and moderate income to finance the purchase of homes within the geographic limits of the Locations upon terms and conditions not otherwise generally affordable to such persons in the private mortgage market (the "Program"). The powers to be exercised jointly under this Agreement are those common or substantially similar powers conferred upon the Authority as a county housing and redevelopment authority, and conferred upon the City by Minnesota Statutes, • Chapter 462C, and in particular the powers to undertake programs to implement individual components of the housing plan developed by and for each of the Joint Parties and to issue revenue bonds to finance such programs. 2. Method of Achieving Purpose; Manner of Exercising Power. Each of the Joint Parties have adopted resolutions evidencing their intent to undertake the Program. Pursuant to the approval and consent of the Joint Parties provided by their respective resolutions and evidenced by their acknowledgment and execution of this Agreement, the Joint Parties shall exercise the powers described above jointly by the Authority adopting, approving and executing such resolutions and such documents and agreements, including but not limited to the execution by the Authority of the Program Documents, as hereinafter defined, with respect to the Bonds, as hereinafter defined, as shall be necessary or convenient for the Authority to jointly issue and sell the Bonds, and such other resolutions, documents and agreements of the Issuers as shall be necessary or convenient to properly manage, administer and operate the Program utilizing the proceeds of the Bonds and such other funds as may be made available for use in connection with the Program. The Program shall be managed, administered and operated by the Authority in the manner provided in the Program Documents, as hereinafter defined. Certain features of the Program are expected to be as described in Exhibit A. The exact Program terms contained in the Program Documents may vary from those described in Exhibit A with the consent of the parties authorized to execute this agreement, provided that such terms shall in any event comply with the applicable • single family mortgage revenue bond financing program approved pursuant to Minnesota Statutes, Chapter 462C. 1 3. Definitions. In this Agreement, unless a different meaning clearly • appears from the context, the following terms shall have the following respective meanings: Authority: the Dakota County Housing and Redevelopment Authority; Bonds: (i) the Single Family Mortgage Revenue Refunding Bonds, Series 1991A to be issued by the Authority in an aggregate principal amount not exceeding $6,450,000 to refund the Single Family Mortgage Revenue Bonds, Series 1980, dated as of May 1, 1980, issued by the City; and (ii) any Bonds issued to refund the Bonds described in (i). Issuer: Authority; Joint Parties: the Authority and the City; Program: the single family mortgage revenue bond financing program pursuant to Minnesota Statutes, Chapter 462C, approved by the governing body of the Authority, pursuant to which certain transferred proceeds of the Bonds shall be used to acquire GNMA Mortgage-Backed Securities (as defined in the Indenture) backed by mortgages and mortgage loans securing the financing of single family housing ("the Mortgages" and the "Mortgage Loans", respectively); Program Documents: the Trust Indenture (the "Indenture"), dated as of October 1, 1991 between the Issuer and First Trust National Association, as trustee (the "Trustee"); each of the Origination, Servicing and Administration Agreements • between and among the Issuer, the Trustee and the entities which are to originate the Home Mortgages (the "Lenders") and the entity which will service and administer the Home Mortgages (the "Servicer") and other agreements entered into in connection with the Program and the Bonds; and all of the Program Documents, as they may be amended from time to time, will provide for the terms not inconsistent with those described in Exhibit A unless otherwise agreed by the Joint Parties; 4. Source and Contribution of Funds. The source of funds for the Program shall be the proceeds of the Bonds (including transferred proceeds), fees from time to time paid by the Lender and Servicer, such other properties and revenues as shall be loaned or contributed to or derived from the Program, including the revenues, profits, receipts and other moneys pledged to the Bonds pursuant to the Indenture, and moneys contributed by the Issuer to pay costs of issuing the Bonds. 5. Budget and Disbursements. The Program shall not require an annual budget. Moneys and funds shall be held, applied, disbursed, and accounted for in such manner as is provided for in the Indenture or as the Issuer may determine in accordance with the Program Documents. Prior to the termination of this Agreement, to the extent that any surplus funds are returned or distributed to the Issuer, they shall be used by the Issuer for the benefit of the City in a manner to be approved by the City. 6. Liability for Debts and Obligations. The Issuer shall not do any act or thing the effect of which is to create a charge on or lien against the property or • revenues of the Joint Parties other than the trust estate pledged pursuant to the Indenture. 2 The Bonds shall be special, limited obligations of the Issuer payable solely from proceeds, revenues and other amounts pledged thereto under, and more fully described in, the Indenture. The Bonds and the interest thereon shall neither • constitute nor give rise to an indebtedness, pecuniary liability, general or moral obligation or a pledge of the faith or loan of credit of the Issuer, the City, the State of Minnesota or any political subdivision thereof, nor shall the Bonds constitute a debt of the Issuer, the City, the State of Minnesota or any political subdivision thereof within the meaning of any constitutional or statutory limitations. 7. Term of Agreement; Termination. This Agreement shall terminate upon the retirement or defeasance of the last outstanding Bonds, the payment of all amounts required to be paid under the Program Documents, and the disposition of all property held by the Trustee pursuant to the Indenture, and this Agreement may not be terminated in advance of such retirement or defeasance. If the initial series of Bonds are not issued on or before November 1, 1991, this Agreement shall terminate on November 2, 1991. 8. Distribution of Assets upon Termination. Upon termination of this Agreement, any property acquired as the result of this Agreement and any surplus moneys shall be returned to the Issuer pursuant to the Indenture and shall be applied by the Issuer for the benefit of the City in a manner to be approved by the City. 9. Amendments. Except as to the term of this Agreement, this Agreement may be amended by the unanimous consent of the Joint Parties at any time. No amendment may materially prejudice the rights of the holders of the Bonds, unless they have consented to such amendment in the manner provided for • amendment of the Indenture. 10. Release and Indemnification of the City. To the extent permitted by law the Authority shall protect, hold harmless and indemnify the City and its officers from and against any and all liability, obligations, claims and damages whatsoever, regardless of cause thereof, and expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest arising out of or as the result of the entering into of this Joint Powers Agreement, or the issuance of the Bonds. IN WITNESS WHEREOF, The Dakota County Housing and Redevelopment Authority and the City of Eagan, Minnesota have each caused this Agreement to be executed on its behalf by their duly authorized officers and have caused their official seals to be affixed hereto, all as of the day and year first above written. 4- S 3 THE DAKOTA COUNTY HOUSING (SEAL) AND REDEVELOPMENT AUTHORITY By Chair By Secretary Execution page of The Dakota County Authority for • Joint Powers Agreement between The Dakota County Housing and Redevelopment Authority and The City of Eagan • THE CITY OF EAGAN, MINNESOTA • By Mayor By City Administrator I Execution page of the City of Eagan for Joint Powers Agreement between The Dakota County Housing and Redevelopment Authority and The City of Eagan S EXHIBIT A to JOINT POWERS AGREEMENT BETWEEN THE DAKOTA COUNTY HOUSING AND REDEVELOMENT AUTHORITY AND THE CITY OF EAGAN Description of Proposed Program Terms I. Income Limits Income limits are the lower of: (A) the greater of (1) 110% of median family income determined by HUD for the metropolitan statistical area or non-metropolitan county and (2) 100% of the income limits from time to time determined by MHFA for the relevant area ("462C Limits"); or (B) 100% of the HUD Median Income for families of 1 or 2 and 230% of the "Revised Income Limits for Lower Income and Very Low Income Under the Housing Act of 1937" (generally equivalent to 115% of Median Income) for families of 3 or more ("Federal Limits"). In addition, for the first 6 months, 50% of the amounts available to make loans must be held for mortgagors with incomes at or below 90% of program income (required by 462C). Currently the maximum state and federal income limits are as follows: 90% • Income 100% of Limit Current 230% of for 1st HUD Very 6 mo. Median Low 110% of for 50% Income Income Median* of Funds 48,000 55,200 52,800 47,520 * Adjust Household Income for family size (deduct $750 for each adult to a maximum of 2 and $500 for each other dependent) Notwithstanding the foregoing, income limits may be further restricted by the Authority as set forth in the Origination, Servicing and Administration Agreements. • A-1 .\ 4 II. Purchase Price Limits The purchase price limits will be adjusted from time to time in accordance • with federal law in the manner provided in the Origination, Servicing and Administration Agreements. The purchase price limit is the lower of: (A) 90% of average area purchase price (determined by the United States Treasury Department) ("Federal Limits"); or (B) 3 times program income ("462C Limit"). Currently the maximum state and federal purchase price limits are as follows: 90% Average Area Purchase Price Existing New 3X Income Dakota County 110,610 120,330 144,000 Notwithstanding the foregoing, purchase price limits may be further restricted in any particular jurisdiction as set forth in the Origination, Servicing and Administration Agreements. • III. Loan Terms All loans will be FHA-insured or VA-guaranteed, 30-year fixed rate level amortization loans. In general Borrowers and Sellers will pay not more than 1.0 origination points and 2.5 discount points to the lenders. Borrowers must be "first-time home buyers" who have held no ownership interest in a principal residence for the three previous years. IV. Origination Period The origination period is expected to be three years. V. Fees and Costs Each lender will pay at or before bond closing an amount equal to approximately 2.50% of the principal amount of loans which they commit to originate (the "Allocation"). A portion of the Allocations will be provided through Sponsored Allocations in which the Authority will pay the 2.5%. The Servicer is expected to pay .2% at bond closing and an additional 1.05% upon sale' of GNMA • securities to the Trustee. These amounts will be used (1) to reimburse the A- t Authority for costs of issuance and (ii) to cover negative arbitrage (the loss arising • from the difference between the investment rates on the Bond proceeds during the origination period and the rate on the Bonds) and lags in receipt of payment on Mortgage Loans. Lenders will net approximately 1.5% on each loan, (provided that for Sponsored Allocations the Lender will net approximately 1.0% on each loan). The Indenture will provide for semiannual or annual fees to the Authority to the extent determined to be consistent with cash flow needs of the Program and to the extent acceptable to Standard and Poor's Corporation, Inc. VI. Reservation of Proceeds for Mortgage Loans Secured by Homes in Eagan. % of the transferred proceeds of the Bonds available to purchase GNMA Securities shall be reserved for GNMA Securities backed by Homes in Eagan for the first months of the origination period. Except as restricted in the preceding sentence, mortgage loans may be secured by Homes located anywhere in Dakota County. VII. 10-Month Lock Out on New Construction The Bonds are subject to Minnesota Statutes, Section 462C.071, as amended by 1991 Minn. Laws, Ch. 346, Sec. 2, which prohibits loans for new housing during the first ten months of the origination period except in certain limited circumstances. In addition, loans for new housing located in Eagan shall be prohibited for an additional months. S • A-3 Agenda Information Memo October 15, 1991 City Council Meeting • BOY SCOUT TROOP #345/CHRISTMAS TREE SALES D. Special Use Permit, Boy Scout Troop #345,for the Temporary Sale of Christmas Trees on the Site Located in Outlot D, Park Center Addition—An application has been received of Boy Scout Troop #345 for a special use permit to allow Christmas tree sales at the above referenced location. Please refer to the Community Development Department staff report which is enclosed on page OW for additional information in this regard. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the application for a special use permit for Boy Scout Troop #345 for Christmas tree sales as presented. • S • t4 -° SUBJECT: SPECIAL USE PERMIT • APPLICANT: BOY SCOUT TROOP #345 LOCATION: OUTLOT D, PARK CENTER ADDITION EXISTING ZONING: CSC - COMMUNITY SHOPPING CENTER DATE OF PUBLIC HEARING: OCTOBER 15, 1991 DATE OF REPORT: OCTOBER 7, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow the temporary sale of Christmas trees. COMMENTS: Boy Scout Troop #345 has received permission to sell Christmas trees as a fund raising event on vacant property owned by Federal Land Company. The applicant has had this operation at the above-referenced location for the past two years. • Set up will begin around November 1, 1991 with the tree sales beginning November 29 and ending December 25, 1991. Cleanup of the site will be completed no later than January 1, 1992. If approved, this Special Use Permit shall meet the following conditions: 1. This permit is temporary and shall expire January 1, 1992. 2. All other applicable City codes. if ' . .� a 'RM >)? ./ 4%, aN ' I s ci I ■ _ t II R - A —FBI st, WOK M O i sert� _ - 1 " �� • T 1111 - ® ® � ._/- ARP! : i's • ef ' i r .�! t=tNE., 7:44:6.,,, ' 11- :,-- ‘Z.°:.---' ,' ....40. ..1,,,,v Fla- s ilszigY- ‘i tO , , ` „ '----A .i i `' - � .. `- 1 -f Agenda Information Memo • October 15, 1991 City Council Meeting BOY SCOUT TROOP #510/CHRISTMAS TREE SALES E. Special Use Permit, Boy Scout Troop #510,for the Temporary Sale of Christmas Trees on the Site Located in Outlot A, Town Centre 70 - 9th Addition—An application has been received of Boy Scout Troop #510 for a special use permit to allow Christmas tree sales at the above referenced location. Please refer to the Community Development Department staff report which is enclosed on page 02,for additional information in this regard. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the application for a special use permit for Boy Scout Troop #510 for Christmas tree sales as presented. • Z.P9- SUBJECT: SPECIAL USE PERMIT • APPLICANT: BOY SCOUT TROOP #510 LOCATION: OUTLOT A, TOWN CENTRE 70TH 9TH ADDITION EXISTING ZONING: CSC - COMMUNITY SHOPPING CENTER DATE OF PUBLIC HEARING: OCTOBER 15, 1991 DATE OF REPORT: OCTOBER 7, 1991 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow the temporary sale of Christmas trees. COMMENTS: Boy Scout Troop #510 has received permission to sell Christmas trees as a fund raising event on vacant property owned by Federal Land Company. The applicant has had this operation at the above-referenced location for the past two years. ID Set up will begin around November 1, 1991 with the tree sales beginning November 29 and ending December 25, 1991. Cleanup of the site will be completed no later than January 1, 1992. If approved, this Special Use Permit shall meet the following conditions: 1. This permit is temporary and shall expire January 1, 1992. 2. All other applicable City codes. I . / 1( i..rw.c - a.- F !-OWN PT PARR o )-1001St R 61‘.- SS , ' ' .: 4 l ..r i. ��� .:... 4126 „: f 4E; ,10 ...„7,14411.2_M re. ker M I air:i: Mt 4,epip-IVO S G ' "1- lar- I ♦ :-;NE 7 t Nw s 1 -A -1 .:-- g ii4 I_ 4 . :- ._- 1 . ',.. is ‘7,1Ki•Ai. . Eg,4 �4 \ . .,: .,„-i-. ,•:- iiiikimilput 7. .-...,•-)_1 • '- r •I CitA'441;11:t 'C.. 1 4111 ...• ,.--t,,„,,, . ,,,,,. 4i.t. . _ _...... -..) ..:2.6. 1 -- .:. 1 - °f �._ • 1 N-----•--,- ■ - •• tc):__3 Agenda Information Memo • October 15, 1991 City Council Meeting PRELIMINARY PLAT EXTENSION/HELLER ADDITION F. Extension, Preliminary Plat, Heller Addition, Located Along the North Side of Skyline Road in the SE 1/4 of Section 4—At its October 16, 1990 meeting, the City Council approved a preliminary plat for the Heller Addition at the above referenced location. The applicant has not completed the final plat of this property at the present time and is requesting a one year extension to complete this application. For additional information in this regard, please refer swthe Comm 'ty Development Department staff report which is enclosed on pages /� � through �� for your review. The report also includes a copy of the City Council minutes of the`original approval of this application. If approved, the extension would be effective through October 16, 1992. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the extension of the preliminary plat for Heller Addition through October 16, 1992 as presented. Arss.sa41� US J-k c � .�-h �.�.. :� .. -o • • • 4 MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: OCTOBER 9, 1991 RE: PRELIMINARY PLAT EXTENSION HELLER ADDITION On October 16, 1990, the City approved the Heller Addition consisting of four single family lots on approximately 2.6 R-1 Single Family zoned acres along the north side of Skyline Drive. The applicant is requesting a one-year extension since there appears to be a survey in discrepancy with the corner posts of the proposed plat and those of the Dakota County Surveyor's Office. This item was reviewed by all departments at the in-house staff development meeting and no new conditions are proposed. All previous conditions of approval are still applicable. Attached is a copy of the minutes from October 16, 1990, the original staff report, correspondence from the applicant, the City Attorney's legal opinion regarding condition#8 dealing with the applicant's right to object to assessments,and a copy of an appeal to the District Court of Dakota County regarding the assessment against the property for City Project #543 (Skyline Road). If you would like additional information, please advise. .17-4004%, City Planner JS/js PRELIMINARY PLAT/HELLER ADDITION After introduction by Mayor Egan, City Administrator Hedges said the item for consideration was a preliminary plat for the Heller Addition, consisting of four lots on approximately 2.6 acres of R•1 property, and the APC had recommended approval. Mr. Hedges then pointed out two issues regarding .1 aircraft noise guidelines that were being recommended as conditions of approval. V Director of Community Development Runkle then provided information on the proposed plat and its location. Mr. Runkle said it was the recommendation of the staff that since the Hellers are now in the Z 0 process of platting the property and taking advantage of the utilities and streets as installed by the City, that a condition of preliminary plat for Heller Addition require that the Hellers waive any right to object to the assessments associated with City Project #543. . Mr. Rick Sather, an engineering consultant representing the Heller, said they had just become aware that there was another area that needed to be addressed. He said they did not fully understand the situation and be was interested in knowing bow the aircraft noise standard was applied and how broad it was. He asked if the ordinance was City wide or just applied to developments that are identified to have v r a problem. City Administrator Hedges said that the Metropolitan Council had developered the airport noise compatibility standard which the City was attempting to follow in these additions. Mr. Hedges said these conditions are being proposed for the protection and well being of future residents. Mr. Sather said that everybody should be protected against noise and if something must be done to insure this protection, that would be fair. However, he wanted to know if they would be at a competitive disadvantage with their lots versus other lots in the area. Mr. Hedges said Mr. Sather was referring to the Prettyman subdivision. Mr. Hedges said that noise related conditions were not made a part of the Prettyman platting process. Mr. Hedges suggested that they be put on notice that they make every effort to comply voluntarily. Jon Hohenstein, Assistant to the City Administrator, said that a guidebook is available from the Metropolitan Council as to the compatibility standards. He said the standards are not onerous and are more 'detail' items, such as, 2" X 6' walls, caps on chimneys, elbows on vents, etc. Councilmember Wachter said that these same standards could be interpreted as energy conservation measures. Mayor Egan then asked Mr. Sather if it would be beneficial to the Hellers to continue the item. 4) Mr. Sather said he thought the Hellers would like to move forward. He then asked if at the time of the building permit, other lots could be required to meet the standards. Mr. Hedges said that these requirements have only been made a requirement of platting. Wachter moved, Pawlenty seconded, a motion to approve the preliminary plat for Heller Addition, consisting of a four lot subdivision of approximately 2.6 acres of R-1 with the following conditions: 1. These standards conditions of plat approval as adopted by Council action on July 10, 1990,shall be complied with: Al, 81, 82, 83, C2, El, Fl, G1 and H1. 2. The development is subject to a cash dedication fee in accordance with the City's Comprehensive Water Quality Management Plan. 3. All existing wells and septic systems on the site shall be plugged and abandoned according to the Department of Health and City requirements. 4. All lots will be required to connect with City sewer and water. 5. The driveway for Lot 2 shall be reconstructed to shift the driveway so it is completely on Lot 2. 6. The builder shall insure that new residential dwellings located within it be designed and constructed to achieve an interior sound level of 45 dBA. 7. The developer shall insure that be/she shall inform prospective buyers that the subject property is is within an aircraft noise impact area and that the buyer should judge the nature and extent of the impact. personally. 8. The developer shall waive any right to object to the assessments associated with City Project #543. Ave: 5 Nay: 0 l • SUBJECT: PRELIMINARY PLAT APPLICANT: PHILLIP & VALERIE HELLER LOCATION: NE CORNER OF SKYLINE DRIVE & SKYLINE ROAD (LOT 12, TREFFLE ACRES) EXISTING ZONING: R-1 (SINGLE FAMILY RESIDENTIAL) DATE OF PUBLIC HEARING: SEPTEMBER 25, 1990 DATE OF REPORT: SEPTEMBER 19, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requested a Preliminary Plat consisting of a four lot subdivision of approximately 2.6 acres. The site is located north and east from the Prettyman Heights Addition. BACKGROUND: This 2.6 acre parcel is part of the Treffie Acres Addition. The proposed Single Family Residential development is consistent with the existing zoning, as well as the Land Use Guide Plan which calls for D-1 Single Family with a density of 0- 3 units per acre. EXISTING CONDITIONS: The site in question currently has only the house of the applicant's located in the southwest portion of the site which will be on Lot 2 of the subdivision. The rest of the site is in a natural state with a rolling topography and a few trees scattered throughout. SITE PLAN: The site is served by both Skyline Road on the south and Skyline Drive on the west. The lots vary in size from 22,800 sq. ft. to 34,200 sq. ft. The average lot size is 28,848 sq. ft. and the minimum lot width and frontage is 90 ft. The density of the project is 1.5 lots per acre. • ( 1 The preliminary grading plan RADING/DRAINAGE/EROSION CO NT RO�� to provide house pads for the three buildable lots. proposes a minimal SOU grading The max mumfill is proposed to be 7 ' and u the maximum cut is 2' . The drainage from the lots in the front yards is proposed to go to the proposed to drainenorthwes erly,tas backyard area of the lots is prop it currently does. shall be Before any grading of the lots is to occur backyards, ackyardsencingAlso, the to control erosion along e sting an erosion control development will be responsible for prreview and approval and the plan to be submitted to the City and maintaining dveloper will be measures in for in in accordance with the City's erosion control ol Erosion/Sediment Control Manual Standards• t is located in the SPAT_ ER pUALITY: The proposed development stream end of Subdistrict H-5 in Distri nnHsota River is the City's Storm Water Management Plan. direct and final outlet for this n istrict. The d v them ntyis subject to a cash dedication ement Plan based . on areas Comprehensive Water Quality Manag identified on the Final Plat/Development revision. The cash dedication 1 but subject to is estimated at $1,588, RT CITIES: Sanitary sewer service for the singglesafimily T available from an existing sewer residential lots is readily services have been provided to the proposed a Skyline Road. �Adequate Project $5438 and from the Prettyman proposed lots from City Heights development to the west. proposed Water main service is also readily available to serve the p ro P lots from the existing 6" water main along Skyline Road. e Individual water services have also intermediate level pressure been provided to each lot. The water system in this area is in zone. Therefore, houses with first floor elevations t 875 and lower will require pressure reducing valves. Adequate ire have been provided around the site to meet minimum fire protection requirements. lu ed wells and septic systems on this site shall be p gg A existing to the Department of Health and City annd d abandoned according requirements. All lots will be required to connect to City sewer and water. TREETS/ACCESS/CIRCIILATIO • Street access has been provided to lading of Skyline Road to a 34' wide this development with the upgrading under City Project �543R. street with concrete curb and gutter circulation can now travel to Pilot Knob Road to the east Traffic Highway $13 to the west or to Trunk The driveway for Lot 2 shall be reconstructed to shift the driveway ) so it is completely on Lot 2. 4 • 1.32 $ASEMENTS/RIGHT-01?-WAX/PERMITS: Sufficient drainage and utility easements shall be dedicated along the proposed lot lines. Skyline currently along the e60 west of and right ofhwayside whichtis proposed dequate for the 32 ' • curr Y wide street. This development shall be responsible for ensuring . that all regulatory agency permits are acquired prior to final plat approval. FINANCIAL OBLIGATION - HELL ER 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 o the City's using the City's existing fee schedule and connections proposed utility system based on the submitted plans. Improvement Project Use Rate Quantity Amount San. Sewer Trunk 10 S.F. S690/Lot 3 Lots $2,070 14 S.F. $695/Lot 3 Lots 2.085, Water Trunk TOTAL $4,155 NOTE: This parcel has a pending assessment of $37,868 related to Project 543, Sibley Hills Drive and Skyline Road, street and utility improvements. 40 tC SELLER ADDITION CONDITIONS: 1, These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: • Al, 131, B2, B3, C2, El, Fl, G1 and El 2. The development with velo ment is subject to a cash dedication fee in accordance th the City's Comprehensive Water Quality Management Plan. } • 13D STANDARD CONDITIONS OP PLAT APPROVAL • A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public, right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development • of adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. guns and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in ac and a with City es codes, engineering standards, guidelines policies. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. S l3 STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO , • 4. A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Devel t e ment date Contract inst llnot be released until one year after 5. All internal public and private constructed within the required streets way in accordance with City Code and engineering standards. D. Public Imarovements. 1. If any public improvements are to be installed un rovea City contract, the appropriate Cu Council action prior to at a formal public hearing by o final plat approval. E. !e=mits 1. This development shall agency permits responsible in for the ti acquisition of all regulatory required b affected agency. . y the F. parks and rails Dedication • 1. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Water unlit ed' t 1. This development shall be responsible for providing a cash dedication in addition to/in lieu of p g requirements in accordance with the criteria identified in the City's Water Quality Management Plan. B. Other, shall be 1, All standard platting s ically granted conditions variance by adhered to unless p if Council action. Advisory planning Commission City Council • . Approved: August 25► . 1987 September 15, 1987 { July 10, 1990 3 Revised: . lataprv.con • I . i LTS #2 - . • i 1.3 ). . . ; I — 7- �� (� j :/t co sFt//vNE ':°ao I _ N"' LL N W C57 SPI CLUB -\ rr+err!•Tk 1 J - s g al W �,r W CEN rt a currvt p •va o. Svr .. I 1 j.... CDu / N/GNV/L M - a_ PAP'}7�JTw Ri ta, 0 i •___ "4. )wwS94,.....,. sw .�� SKr LILAC RC ij CAT/ / .S CI a I c k1 �f — 1.o Re he 261 I WI �a't`� a ,J1 ``\! . k' i. << , r\�. r;, Ac ' °� 7. V[••' RED CEDAR r \`'►'�w`-\l. /f • 8 Rv1E. ,I RD? C. ..<4 51/414/ o•Ks g A e if. .iv z` c '�,. - No,_y IL ! Npw {:vlto Iii.i�t�1.. ept414 I elli CZ° , ...:_,....7-,.i., r' west — -j' A ; `•-•• _ 111 a�• �E .. .x� J V `� - ‘ � - _ J Tr C// _ f17_i i 117 = 6 . • "� .. .._ . �t bE �A _ . _ • • _. , . ..:......... •. . . . .I L. '''' e 1 • , — : .t \3 . ' r • • f-°li; 1r; tllfl • 61`s Vil F-5'- ~ I I i l:i 1 1 I I I :i.f T i• 1 I p I I l ------- 1 --_ SI ; SKYLINE YLINE DRIVE____>, ,, ,, __,.. i , ,E j ----i ; .. I T: /lam >g m Ile ,' .1 ' !/ ,--- i i..a E; . 1 ,;, pa i: t ,>.,-' :-.1‘00-.4' - !+7 I I Gant- } a: `E s 2 o I i, : • t e E. �I „......----..., • i i S i € \ / f. i I\� \ �� \ , \ mot i ;7:2 g ______.2.,' ,:\\\\ • T r• i fir Ii I t�..�js/L ? 1:, o I"rl i I Q :i; k I :: ; C � ` ii I . V ;; I ' � � '` I E PLAN ....... I IT I PRELIMINARY PLAT I j Z . ,I _ I I GRADING DRAINAGE i EROSION CONTROL PLAN SATMRE•BERGOUiST, INC. i I ', ;; HEELER ADDITION . ..,:... ,.„, .,.too= i ''I L ', 1 %q:i.:'t a t; HELLER �,% su•Ma: I I . i ' I t=j"i;°11 PHIL&VALERIE i 'i 1 e.c.,r•..es'•. I i 1 ii • ig _ • --,.., FINANCIAL OBLIGATION ,:•, i . -i. . ,- 1 I I IN : 1 II 1 i 11 1 :Si• -t-i WI I I I int I I igi 1 1 'i II 1 4 ...* i...2 ' ) ! • --- . I ......... .... ., , ---; sx non Datvt 'TT---; ,--- if • -----1 ! II . 1 patii . . • 1, -1,, ,; • • ,,,,, .7.5,zifi. ...„..,-- , • , , ,(41 / ,..‹...:...- . .....sr.... . ..,..... ....., , .-- 1 .c.I x .*..... :' rkt- 'T , 0 ' r:)..t, ' *:::::.1.-- .. . 1 , 1•„ •0 t.„ ,,,...:::.:........... .. .....:-__ ---- w 1 g .. I* 4,• im...1=,...- 77— 1..1'.:.'7...;• ..7.7.'.c. -- ...;:— : logi•,:; :*.•.........,.........7;,..,:. ...--.,:... .r. . s i.i.i ! I, 1 .'It11/k,....".:3:'.::::•7:7:4:—.::::°:.-:5., .;ar ./- ; i ;; i ' 7 ...V-tt.-:'::.":.:...Irr•:",:i!.:it:•:•:'•%::::::.:'.:-.::',1.• - ---2- i - 1 2 ; 1 1 ....',:'.:'......'....':.': .'''.:***'.....::-t::::.!t::..*:.:::';',I.:: """- • ' I - ......4: .::?:t.7:::*•:::.:•::::.::,:.c.:i , . , 1 ' I . t -.......-.....3.12.- • •_.••-,_• • • • • • ,...a"---7--.---:', i i a 1 , • ,, . • , ) ..... ,..a s. / 7 NA . \\ I , ' .4\, ,•:, \ . i ‘' ("" :-...-, . ' ! . • ... •• x . , I . \ :::• s 111 •k 74 SANITARY SEWER TRUNK :::.:....-..:.: 3 WATER TRUNK LOTS • r1 i (--) n1 ..c. - n' c • c AO 1 , , • . ■ _ ...„..i.,..., PLAT SITE PLAN I 1 ti E. . I 1- 1 ana0n4G.Daa.maca a! OMs CO rum i ., HELLER ADDITION : ' SATMRE SERGOUIST. INC. • P \ , 0 i • PHIL &VALERIE HELLER ■•• Phil & Valerie Heller 1475 Skyline Road III Eagan, Minnesota 55121 (1)12) 456-0753 : -•T I ,7mh,r. r) . 1991 Honorable Mayor and Council City of Faun :3f'' () Pilot Knob Road F;rrtrn , MN 55122 RE: Holler Addition llo:ir }1.-,vor• •rid C'r'un.' i 1. : Wr' rtr'r hor'rby r egnor'.t i nr7 • n "'tf nr i on of one year to October 1 (i. 19I-1:', of the dondline tni' r'"mr, IPtincr t.ho final plat of the n-,mod rro.iect. . Wo ;,ro r F1(,or•t i n ' this e • t.ensi on due to irrocnIarit.ios reornt. 1v r}i ^r'ovorPti in r.nrvPvin F? the boundary rlt. onr rrnrer'ty arraront i " r`:ansr'd 1,y r.hrinrYPs, in the boundary (."r rlr'rrr,c r m-dr= ht' tilt, 0,1'^t1 ( 'r-'innt".v c-Ilrrvevor . Due to these irrr,su I ?ri t.irr S.Jo ;lr'e i orood to rnnr'ider reconfiquring Heller /Viditinir in order to maintain the inteari.t.v of the project and c„rronndi nc not rrhhorhood W, hope that you ran roc i t.i ve I v r'e."rond to this request.. Sinrerely. kki ' 1\\. q Phillip 1,4,1) I°I. Heller Valerie P. Heller , 41/ 1 (00. ITCEIVEI 6 1991 MEMORANDUM TO: JIM STURM FROM: MIKE DOUGHERTY DATE: SEPTEMBER 25, 1990 RE: HELLER ADDITION In our conversation regarding the application for preliminary plat by the Hellers, I noted to you that presently the City has ongoing litigation with the Hellers regarding condemnation for Skyline Drive. In the condemnation action, the City has taken possession of the easements required for the construction of the City project, and the parties are going forward to determine the appropriate award for damages to the Hellers. One of the major items with respect to the condemnation action has to do with the benefit received by the Hellers from the City project. One of the concerns having to deal with the City project, is with the levying of the special assessments against the Heller property for the benefit received. Since the Hellers are now in the process of platting the property and taking advantage of the utilities and streets as installed by the City, I strongly suggest that as a condition to the preliminary plat for Heller Addition, that the City Council require that the Hellers waive 0 any right to object to the assessments associated with City Project No. 543 . If you have any questions, please give me a call. MGD:rd 3 C7: 57-7 /4 STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT CASE TYPE: Other Civil *********************************** Phillip M. Heller and Valerie P. Heller, Appellants, vs. NOTICE OF APPEAL City of Eagan, a Minnesota • Municipal Corporation, -�/ 4010 Respondent. �' *********************************** TO: CLERK OF THE ABOVE NAMED COURT AND THE CITY OF EAGAN, A MINNESOTA MUNICIPAL PLEASE TAKE NOTICE that pursuant to Minnesota Statutes, Section 429. 081, Appellants hereby appeal to the District Court of Dakota County from the adoption on July 2, 1991, of an assessment against the following property: 1475 Skyline Drive Eagan, MN 55122 Property Identification Number: 10-77250-120-00 1. The assessment herein appealed is for Public Improvement Project No. 10P543, street and utility improvement. 2. The assessment against the property above described totals $49,277.80. 3. That the assessments as adopted by the City Council of Eagan on July 2, 1991, are contrary to and in violhtion of the substantive and procedural rights of Appellants and the following constitutional, statutory and ordinance provisions: 3.1 United States Constitution, Amendment XIV; 3.2 Minnesota Constitution, Art. 1, Sec. 7; 3.3 Minnesota Constitution, Art. 10, Sec. 1; 3 .4 Minnesota Statutes, Section 429; 3.5 City of Eagan Ordinances, Resolution and policies regarding Special Assessments. Appellants' 4 . That more specifically the grounds for App appeal in this matter are as follows 4 .1 Appellants' property is not benefitted to the extent of said assessment. 4 .2 The criteria and method used to determine the u on Appellants' property is not a proper one for the assessment p sition of a special assessment, is not in accord with impo al assessment policy Constitutional, Statutory or municip is and is, therefore, arbitrary and capricious and, requiremen property without due process deprives Appellants of their p ro P rocess contrary to the requirements of the United States of la w, Constitution and the Minnesota Constitution. in Project No. 4 .3 The total costs of imp z improvements 1OP543 were not proportionately distributed among all property owners benefitted by the said improvements. 4 .4 The improvements in Project No. 10P543 are excessive in scope and are designed to favor other land owners who are not being similarly assessed. 5. Appellants did, prior to the assessment bearing on July 2 1991, object in writing to the above assessment. I llants ask this Court to set aside the above WHEREFORE, 1►PPe described assessment against Appellants' property, to order -2- 5/ • , reassessment in accordance with Minn. Stat. , Chapter 429 and for • a judgment in favor of Appellants for their costs and disbursements including reasonable attorneys' fees. Dated this 29th day of July, 1991. GRANNIS, P.A. Adak Da • L. - Attorneys for Appellants 412 Southview Blvd. Suite 100 South St. Paul, MN 55075 (612) 455-1661 Attorney Z.D. No. 36808 • -3 I (e(6) FINANCIAL OBLIGATION - Heller Addition (Plat Extension) Based upon the study of the financial obligations collected in the past and the uses proposed • for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Sanitary Sewer Trunk S.F. 705/Lot 3 Lots $2,115 Water Trunk S.F. 735/Lot 3 Lots 2.205 Total 4 30 4110 • (-( MI Wit on • . lllt? ,r ill; . . 0 i`''i • FINANCIAL OBLIGATION 3.1 1f I 3:•I 110 • • • lilt I I J II ti 1 1 _rug owe ---�� if 011 ,. . i Ti;grf' II . I 1 .I. �f�ffX•4J,'-".•";...1 -�/1 II I ' 1) "t ' I 1%;:--.. '''' 'Jf • I I ' I // / tkt7t.)..A "1:F.i 'III 7 .1 .••,• -- .e. :II 49:::::::•:•:••:•:,,■ii:'::':_.:".......4:1:::::;VIK' - ---- e ..9 il:.;. ate ' ii I : i sa -..:-?::!....-.-*-?....4.! _ i ` r&.,' Cr' ",...-•;/ ,—‘ • . I I: I .may` .a { '� 1) Hj ' i SANITARY SEWER TRUNK 3 LOTS •• WATER TRUNK ill :*•_ C) • R{ z n' - . - t . c • i . e a. { y l• o*AOMc D.*I,+aae•e110f1ow coronet.nos " 1�I• 1 •IIs:,;,, HELLER ADDITION 10,1_1} SATNIIE•IENGOWI,. INC. 1t`� i I ( =.I ` PM . &VALERIE IIELLER .,4.2 111' t i-- ( c{ Agenda Information Memo October 15, 1991 City Council Meeting PRELIMINARY PLAT EXTENSION/SS MARTHA AND MARY ADDITION G. Extension, Preliminary Plat, Ss. Martha and Mary Addition, Located at the NE Intersection of Diflley Road and Lexington Avenue in the SW 1/4 of Section 23—At its regular meeting of December 20, 1988, the City of Eagan approved a preliminary plat for Ss. Martha and Mary Episcopal Church at the above location. The applicant has previously received extensions of this plat approval in 1989 and 1990. The applicant is again requesting a one year extension which, if approved, would be effective through December 20, 1992. For additional information in this regar please refer to the Community Development staff report which is enclosed on pages /c/ through /57 for your review. Please note that additional conditions are identified for approval at this time. The report also includes the original City Council minutes in this regard on page/ .r. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat extension for Ss. Martha and Mary Episcopal Church through December 20, 1992 as presented. • 0,u,..:,.a..�<L. G ao•w•t) • �•1. •-,,. n om 14:h.4"-c CL- r.A- 4 410 c 0 • C (43 • MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: OCTOBER 9, 1991 RE: PRELIMINARY PLAT EXTENSION STS. MARTHA & MARY CHURCH On December 20, 1988 the City approved the Rezoning and Preliminary Plat for the Sts. Martha &Mary Episcopal Church Addition at the NE intersection of Lexington Avenue and Diffley Road. One year Preliminary Plat extensions were previously approved in December 1989 and 1990. The applicant is again requesting a one-year extension as they anticipate groundbreaking next summer. This item was reviewed by all departments at the staff development meeting. Last year,staff indicated to the applicant that additional right-of-way would be necessary for the upgrading of Lexington Avenue and Diffley Road and an • additional condition has been requested regarding that item. Also, the Water Quality Ordinance has gone into effect since the last extension and a condition has been added. All other conditions of the original approval are still applicable and the new conditions read: 9. A water quality pond shall be required to treat the additional runoff that will be generated by this development. The pond shall have 0.23 acres of surface area at the NWL and shall have a wet pond volume of 0.65 acres/feet. 10. This development shall dedicate 60' of half right-of-way along both County roads for the ultimate development of Lexington Avenue and Diffley Road. If you would like additional information, please contact me. • City Planner JS/js • I(4 • Page 12/EAGAN CITY COUNCIL MINUTES • December 20, 1988 •••••••••••• ItElgOPAL CHURC4:;;ADDITION Community Development ..0rOppot:*i1e Runkle introduced the site plan to the Council . Pastor the Council he was _ available for questions. Wachter moved, Gustafson seconded, the motion to approve the Comprehensive Guide Plan arnen.dment frotkp-III to Public Facilities for the Episcopal Church r$ voted in favor. Egan moved, Gustafson secoiid, die' motion to approve a rezoning from R-4 to Public Facilities fp.A: the .4.p.itscopal Church Addition. All voted in favor. Egan moved, Wachter motion to approve a preliminary plat entitled Episcopal Church Addition, subject to the following conditions: 1. The standard conditions of plat approval as adopted by Council action on SeptembeA:.:15., 1987 , shall be complied with : A-1 , B-1 , B-2 , B-3 , C-1 , C-2 , E-1 , F-1 and G-1 . 2. The parking stalls shall be tn .feet wide. 3 . The detailed landscaping 'will place emphasis on • screening the parking areak.404i:::the public streets and the apartments to the north. 4 . The City shall inspect the single family home to insure all building codes are being satisfied. 5. The access onto Lexim3.0p:::4Y4490.::::will be finalized with all concerned parties. The prop0.04:::ildiiig:::ikitrance to be constructed to a width of 30 feet. 6. All signage shall confork4o CO* requirements. 7. The proposed development is subtt to additional requirements pertaining to grading, drainage and fire hydrant coverage with the final plat phase of development. 8. The finished floor elevation fok:ii:the worship center shall be at least 984 feet. All voted in favor. MOMMMiiii: Councilmember McCrea noted that quality control should be considered. • (4 ( MEMO TO: JIM STURM, CITY PLANNER • FROM: JOHN WINGARD, DEVELOPMENT/DESIGN ENGINEER RICH BRASCH, WATER RESOURCES COORDINATOR DATE: OCTOBER 8, 1991 SUBJECT: PRELIMINARY PLAT EXTENSION FOR STS. MARTHA & MARY EPISCOPAL CHURCH ADDITION The Public Works Department and the City's Water Resources Coordinator have reviewed the request for a preliminary plat extension for Sts. Martha and Mary Episcopal Church Addition. The previous conditions of preliminary plat approval as shown on the enclosed City Council meeting minutes of December 20, 1988, should continue to be required of the development for it to be final platted. The previous reviews did not include any conditions or requirements regarding water quality improvements to treat the storm water . runoff from the proposed development. With this preliminary plat extension, the proposed development is subject to a water quality dedication requirement. Stormwater runoff from the development will be discharged to an existing 42" line along Lexington Avenue which will first carry the water to • Ponds JP-29 and JP-9. 1, both classified as sediment basins. The water will then be discharged to Pond JP-9, a 14 acre lake within Patrick Eagan Park designated as a Class II Waterbody and intended to support indirect contact recreation. Currently, Pond JP-9 does not meet the water quality standards established for it in the City's water quality management plan. On-site ponding is recommended to treat the additional runoff that will be generated by this development. Analysis using the City's water quality model indicates that a pond of 0.23 acres in surface area at the normal water level and with a wet pond volume of 0. 65 acre-feet will be sufficient to achieve adequate treatment for the entire site, including the proposed future additions. The pond must be located to intercept all runoff from rooftop and paved areas. An elongated pond design is preferred with the inlet(s) at one end and the outlet at the other. A skimmer on the outlet will also be required. City staff will work with the applicant to locate and design the pond. The previous preliminary plat reviews also did not include any requirements regarding additional right-of-way along the adjacent County roads. As shown on the enclosed copy of a letter from Gary Stevenson, Dakota County Surveyor, sent to Dale Runkle on November 1, 1988, the County will be requiring the dedication of 60 feet of half right-of-way along Lexington Avenue and Diffley Road. W •.w pl//./WnH,I Intro 31 I.... ",�� _ I/1In 1 V 31 N1/ ••�1.•.,•■ 1 1.1+•.1 NDieli0 iv.0511a Air'W ONIi •N1Y0M BIN Ve 1 I1 r1M~�,r~�, A •1 .O NI/S1031JH3UY IMIYf1YM/NOSIU OW r�rr..ru,»..» .111x1 JO/ NSW(, �IIM�11�`+N v• l II I -I ' I I I 1 al -, p 1 : ii e . . „ ., sl i r i d 1lf 111E . 1-‘ 0 .4311i• 1I ;% 1III i 14 II . i I I I 1 i k tf� 4' -- a.: i li 4 , ti, ildo• , . : • . • ; )1rTi I. I ' I I i :` _ VIII O I I 1 I ` � Ili �; •• 9 —■ I; i -7-1 I 0 , 1 ii-- 1 i ,� rh ° I=• 1 1 1 �- ` r ' 1 i t ♦ 13:l. <t gin. • �I 1 3! ° F _4./ ii i i .., 1 i I 1 !1 in _ vir tha #0.......-L �� _ _ T 8 - AOI!� X43 , `_p EXIN- _ -- �% • • • • . • • C • • . • 1T1 • FINANCIAL OBLIGATION - Saints Martha & Mary Church (Plat Extension) • Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. • Improvement Use Rate Quantity Amount Lateral Benefit P.F. .0126/S.F. 196,891S.F. $ 2,481 Storm Sewer Trunk Storm Sewer Trunk P.F. .017/S.F. 196,891S.F. 3,347 Storm Sewer Trunk P.F. .017/S.F. 16,511S.F. 281 Trailway - P.F. 11.80ff 413ff 4,873 Lexington Ave. Trailway - P.F. 11.80ff 363ff 4.283 Diffley Rd. Total 15 265 S • L '(e I . Z 1 • • zJ { 1s 1 1 • i it Q 3 x cm x • • rn .y • 1`. . 4 r— -- ---u'ttP •1 nwufri--- _R I? t, CIS J91t• �� /M o1 �T ' 1 1 _ O II �'v • A\ " r : '.J ce.I A. 3 i W a- I S.L. J • Z_ N O (IT 1 2.s""_ 4\ 1 0 ' ' . wl -a 1 • • e :i • '' ••• fl...... w . •1t� V' ;;%'"r •{ ' e a ~ I. v �•• ' e•\v r,* ', ,ea I •• LL. • • •`' On , •e O\ 'a�` Q► •'•, Q e'er. . . cc) cm Q = _ •-•• + W • ` I ic, • .. �' 1 s • 1 9' 1.Ia1.0 WI X oft •. •,. .`erg e1 •el ._. _1 •' • A* .�, _ _'! _ ? Z X I `.°. •i Z LLJ •%I , a 1 • bs J 45 Q 1 Ji ' a 1 :14s'∎��z • D ; ,� • s o . l: 1 ''�4�;,,=.,y, ' AVM ; N019NIX31 ; + • i a 1 clumfwann ) '7.7. ''.1 .'; WI q::,' 14- c' i : i ^ s a Ii Y a . r V I • a- .: 3 x to x • N•, _en O _ ;.. „)Q H -- --•is Yt• 9 f(•O-I•-• t �- Q � •�. Ts 1 • ' R• 1 �0 � : N} .' I• 2 "f •N O` e� Q • ago CD SO 0 • V �' r .� co . .\ • • •• NI t'.. I , CO �` ` i 0 • 7 I s H • .„e• • i 2 CC CC o 4, LL! 3 W CO l I .40"."... '...‘""b =I rt' '' i 0 Q a is f— Q • 11. Or • 1 : "".0.44„, AVM .' N019NIX31 a t ew'. 1 9 0 Z I . _ ._1 is I , r J a x o x Cs.; w O ^..1 . ec 1---"\.- ■■ ■ :--j •el• .. 2 rJ 't ,I �� :�- ��. cr.) 0 .n v i U. • so Q� ��' L r• LO sle Q - • • - CO .� �,� �� 1 1. s 0, p/ r , en 2 •� a � _ 2 CC w .■e ■ :i Cr wI ,�� .� f V tll it e ',% ; 3 ,� cc 3I = .' ��y -■w---- J-r I 2%t4 i to s t Wee* 0 ° s rf. �► = #mss I • ` •�� s ' 71: t snwuw c .( 177 • �rl �J Agenda Information Memo • October 15, 1991 City Council Meeting • PRELIMINARY PLAT/WESCOTT SQUARE 2ND ADDITION H. Preliminary Plat,Wescott Square 2nd Addition/New Horizon Homes Inc., Consisting of 42 Units on Approximately 6.1 Previously Zoned R-3 (Townhouse) Acres Located Along the South Side of Yankee Doodle Road,West of Elrene Road in the NE 1/4 of Section 14-- At its regular meeting of September 24, 1991,the Advisory Planning Commission considered a preliminary plat application for Wescott Square 2nd Addition at the above referenced location. For additional information with respect to this application, please refer to the Community Development Department staff report w 'ch is enclosed on pages( j through P�� �for your review. Also enclosed on pages through f(,7 are the Advisory lan ing Commission minutes with respect to this item. The APC is recommending g approval of this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Wescott Square 2nd Addition as presented. 41111 5a- SUBJECT: PRELIMINARY PLAT WESCOTT SQUARE 2ND ADDITION • APPLICANT: NEW HORIZON HOMES LOCATION: OUTLOT G, WESCOTT SQUARE ADDITION NE 1/4 OF SECTION 14 EXISTING ZONING: R-3 (TOWNHOUSE) • 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 Preliminary Plat of 6.06 R-3 zoned acres for 42 townhouse units. This proposal is in conformance with the City's Land Use Plan. BACKGROUND: The original Wescott Square Addition Preliminary Plat for 71 townhouse units was approved on September 6, 1988 and an extension was approved in 1989. After the extension was approved, Dakota County requested additional right-of-way which forced the developer to rework his plan, consequently lowering the density of the project from 72 units (7.2 units/acre) to 67 units (7.02 units/acre). After reworking the plans, the developer platted Wescott Square Revised consisting of 23 lots (3.77 acres) and one Outlot (6.06 acres). This Final Plat was approved on August 7, 1990. The current Preliminary Plat application is for the 6.06 acre Outlot G which was previously approved for 44 townhouse units at a density of 7.26 units/acre. The developer has revised the layout slightly, resulting in a reduction of two lots and density to 6.93 units/acre. This reduction will allow larger units. EXISTING CONDITIONS: The area is heavily-wooded near the center of the plat with mature oaks and other hardwood species. The remaining portion of the site has been cultivated and the existing farmhouse is not being included in the plat. 'That exception contains approximately 2.3 acres and is intended for R-3 use,access can be provided directly from Elrene Road. The site is surrounded by developed R-3 and R-4 Wescott Hills Additions to the west, undeveloped AG and R-4 (proposed Woodlands North)to the south and the Gopher Eagan Planned Development to the north and east. • l 0 None of the units have direct access to a public street. The developer is proposing a cluster- type of development which provides more individual unit privacy than a row house format • and some rambler style units with slab-on-grade or walkout basement units have been added. The developer will have to meet City Code requirements pertaining to exterior finish materials, garage size, and impervious surface coverage. All proposed building and parking setbacks meet Code requirements. • • C GRADING/DRAINAGE/EROSION CONTROL: The grading plan for the Wescott Square 2nd Addition provides for the grading of the remaining 6 acres of the Wescott Square development. The southeast portion of the 2nd Addition had previously been graded with the 1st Addition. Fill was added in the southeast portion of the site to allow the drainage to flow to Trails End Road. Approximately 2.6 acres of the 2nd Addition is heavily wooded. The proposed grading will result in the removal of all but approximately 0.5 acres of the woods. Two sections of the woods are proposed to be saved in the central portion of the site plus some trees along the northern and eastern perimeter of the site. Staff has reviewed the layout of the plat and has also conducted a field trip of the site with the developer to investigate the amount of trees that can be saved. Drainage from the southeast portion of the site will drain overland to the storm sewer in Trails End Road which drains to Pond JP-33. 1 along the east side of Elrene Road. The northwest portion of the site will drain to a storm sewer system installed by this development that will convey the runoff to an existing storm sewer system in Mike Collins Drive. The storm sewer system in Mike Collins Drive drains northerly to Pond EP-2. Ponds JP-33.1 and EP- 2 are designated ponding areas in the City's Comprehensive Storm Water Management Plan. The preliminary grading plan shows a drainage swale along the north edge of the site that will collect runoff from the 2nd Addition plus the Schwanz property (Parcel 013-01) to the east: of this site. 0 The drainage swale will carry approximately 4 cfs of water during a 5 year storm event. Staff recommends that storm sewer be added to collect the water in this swale to prevent erosion along this swale and in the ditch system of Yankee Doodle Road. The development will be responsible for preparing an erosion/sediment control plan to be submitted to the City for review and approval and the developer will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. The developer will be required to submit engineering documentation for staff review and approval for the proposed retaining walls. The retaining walls are shown on the grading plan in the middle portions of the site to save trees. WATER OUALITY: The development of this parcel will intensify the land use and this will increase the impact on water quality. Based on the size of the Wescott Square development, the City's Water Quality Model was used to assess the mitigation necessary for potential water quality impacts. iC) This development is subject to a total cash water quality dedication of $10,576 which was agreed to by the City and the • developer during preliminary plat approval. Thirty-six percent ($3,807. 36) of the dedication amount has already been collected with the 1st Addition. The remaining $6,768.64 is due prior to approval for the second and last phase of this development. The revised grading plan for the Wescott Square development does not propose any ponds on the site. The City will use the cash water quality dedication from this development for improving other ponds in the City's system. UTILITIES: Sanitary sewer of sufficient size, capacity and depth is available and has been stubbed to the 2nd Addition from the 1st Addition and from Trails End Road. The 2nd Addition will be required to provide a sanitary sewer stub to parcel 013-01 of Section 14 (Edmund Schwanz 's property) and the preliminary utility plan shows the construction of this stub. Watermain of sufficient size and pressure is available and has been stubbed to the 2nd Addition from the 1st Addition and from Trails End Road. The 2nd Addition will also be required to connect to the existing 20" watermain on the south side of Yankee Doodle Road and the preliminary utility plan shows the construction of this connection. The development will be required to provide individual sewer and water service to each proposed unit. STREETS/ACCESS/CIRCULATION: Access to the 2nd Addition will be from Trails End Road and the privately constructed street along the west side of the development that was built with the 1st Addition. All proposed streets in the 2nd Addition will be privately owned and maintained. The minimum width for private drives is defined in the City Codes and shall be as follows: * OF POTENTIAL TYPE OF STREET MINIMUM WIDTH UNITS SERVED FACE TO FACE 4 or Less No curb or gutter 12 feet 5 - 8 Concrete Curb and 20 feet gutter 9 - 20 Concrete curb and 24 feet gutter More than 20 Concrete curb and 28 feet gutter c-6 All private street intersections shall have a minimum of 15 foot radius. All private street construction shall have a crowned center line providing for directional drainage into the gutter line and subsequently into a storm sewer system. At intersections, the street grade shall not exceed 3% for the first 100 feet approaching said intersection. RIGHT-OF-WAY/EASEMENTS/PERMITS: No right-of-way for internal streets will be dedicated as part of the plat since all streets will be privately owned. Additional right-of-way along Yankee Doodle Road will be dedicated as requested by Dakota County. All required easements of sufficient width based on depth of utilities will be dedicated as part of the plat. The development will be responsible for insuring that all regulatory agency permits (MPCA, Mn. Dept. of Health, MWCC, Dakota County Highway Department, etc. ) are obtained prior to final plat approval. FINANCIAL OBLIGATION -Wescott Square 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 Rate Quantity Amount Lateral Benefit Water Trunk 24,65/ff 382.88 ff $ 9,476 Lateral Benefit Sanitary Sewer Trunk 16.90/ff 772.53 ff 13.056 Total mum Outlot 6, of Wescott Square, which is proposed for replatting, has a pending assessment of $110,123 from Project 589. S WESCOTT SQUARE 2ND PRELIMINARY PLAT CONDITIONS • 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, Bi, B3, Cl, C2, C4, C5, D1, El, Fl, Gi, and H1 2. A copy of townhouse bylaws shall be submitted to the City Attorney for review. 3. The developer shall comply with all Ordinance requirements including exterior finish, garage size, and impervious surface coverage. 4. All trash shall be contained in the garages until the day of pick up. 5. A tree preservation plan shall be approved by staff prior to any grading. 6. All green areas shall have underground irrigation systems. 7. The development will be required to submit engineering documentation for staff review and approval for the proposed retaining walls. 8. The development shall be required to provide a 4 cfs storm sewer outlet to collect the drainage in the swale in the northeast corner of the site. 9. A sanitary sewer stub shall be provided to parcel #013-01. 10. The development will be required to provide individual sewer and water service to each proposed unit. 11. All required easements of sufficient width based on depth of utilities shall be dedicated as a part of the final plat. 12. The development will be subject to a cash water quality dedication of $6,768.64 for the 2nd and last phase of this development. S c STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1 . This development shall accept its additional financial. • obligations as defined in the staff 's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Xasements and Rights-of-Way 1 . This development shall dedicate 10' drainage and utility. easements centered over all common lot lines and adjacent: to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, pending, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development shall dedicate adequate drainage and pending easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. ii) 65/ STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Rater Ouality Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City's Water Quality Management Plan. B. Other 1 . All standard platting and toning conditions shall be adhered to unless specifically granted a variance by Council action. 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( (-P( . • page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 24, 1991 *ESCOTT SQUARE 2ADD ADDITION NEN NoRISON HOMES INC. Chairman Graves opened the next public hearing of the evening regarding a Preliminary Plat consisting of 42 lots on approximately 6.1 previously-zoned R-3 (Townhouse) acres located along the south aide of Yankee Doodle Road west of Elrene Road on the NE 1/4 of Section 14. City Planner Jim Sturm stated that this application is for the last phase of Wescott Square Addition. They are proposing 42 townhouse units, two less than the previous plan they submitted. This reduction of townhouses lowers the density to 6.93 units/acre. He stated it meets all City Code requirements. A representative of the applicant stated that he was available to answer any questions. Alternate Gorman raised the issue of landscaping and trees lost. • A representative of the applicant replied that they tried to save as many hardwood trees as possible. He also mentioned that they were using landscaping as a screen from Yankee Doodle Road. Also, the retaining walls would be constructed of boulder or engineer block. A discussion took place regarding the alignment of the streets. Member Markley raised his concern regarding the density of this project. He knew this project met City Code but he would like to see less building and more green space. The applicant replied that it was hard to visualize from a drawing, but there will be plenty of green space. The first plan they submitted had a density of 7.2 units/acre, the maximum. Since then, they have cut the density back twice. City Planner Jim Sturm mentioned that this project has more green space than the Boulder Acres project. Member Markley asked if the applicant had a tree preservation plan yet. The applicant stated no. Voracek moved, Staeheli seconded, the motion to approve a Preliminary Plat consisting of 42 lots on approximately 6.1 previously-zoned R-3 (Townhouse) acres located along the south side of Yankee Doodle Road west of Elrene Road on the NE 1/4 of Section • 14, subject to the following conditions: Sed TSB 1 l p (e TZ:ZI 76d 92 d35 S r • Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 24, 1991 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, 81, B3, Cl, C2, C4, C5, D1, El, Fl, 01 and H1 2. A copy of townhouse bylaws shall be submitted to the City Attorney for review. 3. The developer shall comply with all Ordinance requirements including exterior finish, garage size, and impervious surface coverage. 4. All trash shall be contained in the garages until the day of pick up. 5. A tree preservation plan shall be approved by staff prior to any grading. 6. All green areas shall have underground irrigation systems. 7. The development will be required to submit engineering documentation for staff review and approval for the proposed retaining walls. 8. The development shall be required to provide a 4 cfs storm sewer outlet to collect the drainage in the swale in the northeast corner of the site. 9. A sanitary sewer stub shall be provided to parcel #013-01. 10. The development will be required to provide individual sewer and water service to each proposed unit. 11. All required easements of sufficient width based on depth of utilities shall be dedicated as a part of the final plat. 12. The development will be subject to a cash water quality dedication of $6,768.64 for the 2nd and last phase of this development. All present voted in favor, except Markley who opposed. • 90d TSB a 1 ZZ:Zi 16. 9e d3S Agenda Information Memo October 15, 1991 City Council Meeting ......................... ADD I'T`IONAL<ITEMS CONT. 91-12, APPROVE PLANS/ AUTHORIZE AD FOR BIDS A. Contract 91-12, Approve Plans/Authorize Advertisement for Bids (Manor Lake 4th Addition)--When a developer petitioned for the preparation of the feasibility report for the installation of streets and utilities within the Manor Lake 4th Addition, he also requested a simultaneous preparation of detailed plans and specifications. Subsequently, these plans have now been completed and are being presented to the Council for their review and consideration of authorizing formal solicitation of bids. This action would be appropriate if Project 621 is approved as a result of the public hearing process earlier on the agenda. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the detailed plans and specifications for Contract 91-12 (Manor Lake 4th Addition-Streets and Utilities) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Friday, November 15, 1991. • • tL-0 Agenda Information Memo October 15, 1991 City Council Meeting APPROVE RESOLUTION ON-STREET PARKING YANKEE DRIVE B. Approve Resolution Regarding On-Street Parking for Yankee Drive (formerly ComSery Drive)-- The R.L. Johnson Building located across T.H. 13 from Blue Cross/Blue Shield Building was originally built as an office warehouse type facility. However, recently it has been converted and is primarily being used as office space. Subsequently, with insufficient off-street parking stalls available, there has been an increasing amount of on-street parking along Yankee Drive between this building and the D. & B. Building (formerly ComServ). This has raised some concerns from a safety perspective especially near the curve in the roadway. In addition, both buildings on either side of Yankee Drive have an even numbered address. Subsequently, with the annual implementation of the odd/even winter parking restriction, there would be days when no parking is allowed at all (odd) and days when parking would occur on both sides (even) which creates traffic and maintenance problems. Therefore, staff is requesting authorization to permanently post Yankee Drive from T.H. 13 to Yankee Doodle Road with signs that would designate "Parking on. Even Days Only" along the north and west side and "Parking on Odd Days Only" along the south and east side. It is recommended that this posting would be in effect all year round. Enclosed on page ( ) 0 is a graphic showing the location of the street in question. Also enclosed on page 11 ( is a resolution being presented for Council's consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution restricting parking on Yankee Drive and authorize the Mayor and City Clerk to execute said document. • 1¼ Q° 'W _V• • O Q 1'Ce Q0 P 1 < > .4SW 4 I I 1 i Li . .ti � Q / -lee Q Y a �' �� f i_x_d --- 1 O �r� * ' YANKEE DOODLE RD.o 41/4 — -+I - _ It -4)9. - qr V„P 1 i **,,,AA i� ,aQ' ' t,/ ~ ,' �• / * 7 �� i WATEI • - ** "�.. I- t 1 TREAD FACIL ST)114, NWT; ,�. NEe N �q.�c�y + . Y H ILL yon PARK s �y • y N4142 • /ham . / / 11 I7 • 1. PROPOSED ON-STREET PARKING DESIGNATIONS * * * * * * * PARKING ON EVEN DAYS ONLY • PARKING ON ODD DAYS ONLY V RESOLUTION YANKEE DRIVE • PARKING RESTRICTIONS WHEREAS, Yankee Drive from Yankee Doodle Road to T. H. 13 was not originally designed to accommodate permanent on-street parking; and, WHEREAS, the City has an annual winter parking restriction on an odd/even basis; and, WHEREAS, properties on both sides of the street have an even numbered address which creates confusion and inability to properly enforce this ordinance, NOW, THEREFORE, BE IT RESOLVED, that the City Council of Dakota County, Minnesota, hereby authorizes the north and west side of Yankee Drive to be permanently posted "Parking on Even Days Only" and the south and east side to be permanently posted "Parking on Odd Days Only" . Motion made by: CITY OF EAGAN Seconded by: CITY COUNCIL Those in favor: Those against: By: Dated: Mayor • Attest: City Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1991. E. J. VanOverbeke, City Clerk ________ • R:FTIt O O Department• of the Treasury— Internal Revenue Servrc• Jsn�o u.lilt U.S. Individual Income Tax Return `ullt�`(7Jt//1It For the ear Jan-Dec 31.1990.or other tan year beginning 1990.ending ,19 I DM8 No 15450074 Label Your first name and initial last name I Your social security number (See t Instructions A — ********** 5-DIGIT 55121 Spouse's social security number on page e) E HJ 474-18-0027 468-20-2686 S09 40 R Use IRS label - LAWRENCE J & AUDRE M WIGLEY S—Apt no Otherwise, x For Privacy Act and please print ^ 1450 SKYLINE ROAD 156' ,j Paperwork Reduction or type t - Si PAUL MN 55121 r Act Notice,see J Instructions. Presidential \ - I Election Campaign t)0 you want$1 to go to this fund? Yes No not cha nge Note:Checking will ge your tax or See ra_e9. r ' if'oint return does our sr•use want lto;oto this fund? . . Yes 4 No - reduce your refund. 1 Single (See page 10 to find out if you can file as head of household) Filing Status 2 Married filing joint return(even if only one had income) Check only 3 • • Married filing separate return Enter spouse's social security no above and full name here • one box. 4 Head of household(with qualifying person).(See page 10)If the qualifying person is your child but not your dependent, enter this child's name here • __ —_ 5 Qualifying widow(er)with dependent child(year spouse died • 19 ).(See page 10.) 6a 54 Yourself If your parent (or someone else)can claim you as a dependent on his or her tax No.of boxes Exemptions return,do not check box 6a But be sure to check the box on line 33b on page 2 } checked on Sc (See • b EX Spouse and 6b Instructions N. of yoor C Dependents: (21 Cheri (1)11 age?or older.dependent's (a)Dependents (5)No of months children on 6c on page (1)Name(first,initial,and last name) it under social security number relationship to you lived in your home who: 10.) ate 1 in 1990 — • tired with you "" - - — — • didn't live with - -- you due to divorce or • If more than 6 - — - - • separation(see dependents,see page II) Instructions on ` • page 11 - • Ne .of other —` dependents on 6c • Add numbers in • d If your child didn't live with you but is claimed as your dependent under a pre 1985 agreement,check here • ❑ entered on e Total number of exemptions claimed tines above e. 7 Wages,salaries,tips,etc (attach Form(s)VI 2) 7 Income $a Taxable interest income(also attach Schedule B if over$400) 8a �_1,O_82__ Attach b Tax-exempt interest income(see page 13) DON'T include on line 8aL 8b 1 � / Copy B of your 9 Dividend income(also attach Schedule B if over$400) 9 Forms W-2,W 2G, and W-2P here 10 Taxable refunds of state and local income taxes.if any,from worksheet on page 14 DN I , - _lo Q'II 11 Alimony received - 11 If you do not 12 Business income or(loss)(attach Schedule C) 12 I have a W.2. see page 8 13 Capital gain or(loss)(attach Schedule 0) 13 64) 14 Capital gain distributions not reported on line 13(see page 14) 14 _ Attach check or 15 Other gains or(losses)(attach Form 4797) ' 15 _ money order on 16a Total IRA distributions 16a 16b Taxable amount(see page 14) 16b top of any Forms 17a Total pensions and annuities 17a} �__ 17b Taxable amount(see page 14 17b 71QZ2 W 2,W-2G,or — ( P g ) W.2P. 18 Rents,royalties,partnerships,estates.trusts,etc.(attach Schedule E) L la 19 Farm income or(loss)(attach Schedule F) 9 20 Unemployment compensation(insurance)(see page 16) 1 20 21a Social security benefits. .L21a,L__I t t4,b$ I 21b Taxable amount(see page 16) 21b ""11- 22 Other income(list type and amount- see page 16) .. - 22 23 Add the amounts shown in the tar right column for lines 7 through 22 This is your total Income ■ 23 s 18'9. 24a Your IRA deduction,from applicable worksheet on page 17 or 18 . 24a Adjustments b Spouse's IRA deduction,from applicable worksheet on page 17 or 18 . _24b to Income 25 One half of self•employment tax(see page 18) + 25 26 Self employed health insurance deduction,horn worksheet on page 18 26 27 Keogh retirement plan and self-employed SEP deduction _ + 27 (See 2$ Penalty on early withdrawal of savings + 28 Instructions on page 17.) 29 Alimony paid Recipient's SSN • _ + 29 30 Add lines 24a through 29.These are your total adjustments le 30 Adjusted 31 Subtract line 30 from line 23. This is your adjusted gross Income. If this amount is less than Q Gross Income $20,264 and a child lived with you.see page 23 to find out if you can claim the"Earned Income r5 gL�e 4 Credit"on line 57 • 31 11.831 PRIMED PI u sA . ,.`" SPECIAL ASSESSMENT SEARCH SUMMARY AS OF: 08/05/1991 PROPERTY ID: 10-77250-070-00 S/A# ASSESSMENT DESCRIPT. YEAR TM RATE TOTAL ANN.PRIN. PAYOFF CD 102197 ST543F 1991 15 8. 5000 8102 . 59 540. 17 8102 .59 102196 ST543A 1991 15 8 . 5000 10103 .96 673 . 59 10103.96 102195 SSTK543 1991 15 8 . 5000 7374 . 19 491. 61 7374 . 19 102194 WSSVC543 1991 15 8 . 5000 989. 10 65.94 989. 10 102193 WL543 1991 15 8. 5000 3346. 90 223 . 12 3346.90 102191 SL543 1991 15 8.5000 5737 . 25 382 .48 5737. 25 100339 WATER AREA 1976 15 8 . 0000 160. 00 0. 00 0. 00 CL 100040 SAN SW TRK 1967 30 6. 0000 100. 00 0. 00 0. 00 CL SUMMARY OF LEVIED 35653 .99 0. 00 35653 .99 ****** 1991 P&I CERTIFIED 0. 00 SUMMARY OF DEFERRED 0. 00 0. 00 0. 00 SUMMARY OF PENDING 0. 00 0. 00 0. 00 SUMMARY OF CLOSED 260. 00 Press ENTER; or Fl, F4, F5, F7, F8 �o �ji' C'/ .I �/ Gik� \) X R vs . y g sc0z7 3 yy y ' O ( , y0 s ?, 5 , ,7 6, 3191 ' ,i)e( 7; 7/G / - ) 1 -17' ." 7./'' 70Y 7 , �, (/V s /j'5' (, 1/c"/2 I 2 ) 1 0 / a S7x . 'i G kip i ? I ' .. 15 ' 1 1 7 > Re0 MINUTES OF A REGULAR MEETING OF THE EAGAN,CITY COUNCIL OcWher 1,1991 ..:.:.:.: A regular meeting of the Eagan 4i.Council was held on Tuesday, October 1, 1991, at the Eagan Municipal Center. Present were Mayor Egan and Counciln*bers Wachter, Gustafson, and Pawlenty. Councilmember McCrea was absent due to i:NUOraL.Also.prj*at were City Administrator Hedges,Director of Parks & Recreation Ken Vraa, Director of•PtiliO0V.iiiW.Toin Colbert, City Planner Jim Sturm, and City Attorney James Sheldon. WSW City Administrator Hedges advised thepty:c044014.4tYcw Business,Item F,Waiver of Plat,Merila &Associates,to Split Lot 8,Block 1,But Osikliiills:24:4lir:e.OkUcated Along Rolling Hills Court in the SE 1/4 of Section 12,was being withdrawn by the applicant Because Public Hearing,Item A,Vacate Drainage and Utility Easements, Lots 7,8, and 9,Block 5, But Oak.Hills 2nd Addition,was contingent upon the Waiver of Plat, this item will be recommended for denial ..•• . .•.....••• ........ Wachter moved,Gustafson secondek*iiiiiii6n to::440:iethe agenda for the October 1,1991,regular City Council meeting as amended. Aye: 4 Nay: 0 Councilmember Pawlenty recommended the following change to the minutes of the September 16,1991, regular meeting: •• Page 7,Paragraph 4,Sentence 1,insert the1011oWiit.iifter the word,"issue:" "regarding business signs but not billboards He also indicated he (strike the word, "biiil..wpnld . . . ." .......... Pawlenty moved, Wachter seconded, A.:*otiiiiii::04iove the minutes for the September 16, 1991, regular City Council meeting as amended. 0 NATOA AWARD Mayor Egan recognized the National Association of Telecommunications Officers and Advisors bestowing their first "President's Award for Chapter Excellence" on the Minnesota Association of Cable Television Administrators. Coordinator Mik :ROrd(iii:ii*:**Oided for being the chapter's President at the receipt of this award. lPIMPINEIMMXPB,..31 •• ......:• SPECIAL HUNTING PERMIT/DALE HUBER Mayor Egan introduced this item as a special hunting permit for Dale E. Huber in the SW 1/4 of Section 11. Councilmember Gustafson expressed concern that this is the second firearm permit issued"inside" Highway 13. He said if this is permitted,he would prefer that this be the last year it is Mayor Egan suggested that some action to curb the permits be anticipated for next year;ki*ver,believed a uniform policy would have to be applied in this instance. Councilmembers Pawlenty and Wader agreed. • Gustafson moved, Egan seconded, kincition:10.:apprtive:.a:bunting permit for Dale E. Huber of 9703 Cavell, Bloomington. Aye: 4 Nay. 0 " •*. 0 Page 2/EAGAN CITY COUNCIL MINUTES October 1, 1991 • .........•.•.•.•.. SPECIAL HUN'ti*::itidititjAPnikEy ADELMANN ••••• Mayor Egan introduced this item gaspecial hunting permit for Jeffrey Adelmann for the SE 1/4 of Section 10. Chief of Police Pat Geagan indicated the applicant was unsure of whether a previous Special Hunting Permit granted him permission to bow hunt iit*.ori.thi.5..prnii0k. The request before the Council, in effect, is an extension of the hunting permit granted tile***44iiiiii's at the August 6, 1991, regular City Council meeting. Jeffrey Adelmann said the hunt organized with the DNR has not proven to be effective because with the unusual hours (midnight to 4:00 a.m.) and the amount of cover,it was very difficult to get the deer into the open. While the Council agreed that the number of deer in thiniea are presenting traffic safety problems, Councilmember Wachter expressed his reservations, about using:bow and arrow hunting to control deer populations. The City Council indicated that it would address the entire issue of special hunting permits in a future workshop session. There were additionaI:conC04;expr.:e*edribout the number of hunters included with this permit and after discussion the Councifiditiiinined that*Iiiiiit to the number of hunters permitted to be on the property at one time would be appropriate. Gustafson moved,Egan seconded,a motion to approve a bow hunting permit for Jeffrey Adelmann of 24149 Chippendale, Farmington,with the conditions that: 1)no more than five hunters will be allowed on the property at one time and 2) the Police Department will be notified each time of the names and the hours the hunters will be on the property. Aye: 3 14,..ilay:2:4:(Wachter) gaNit*Uttintik:i Residents who were present and had inte*st,iii•c04ent.Kgenda Item J,asked what further initiatives should be taken with regard to their concern§....It was suggested that the City's letter to the County include the residents' petition. City Administrator he would notify a representative of the residents of any response from the County and if and when the issue goes before the County Board. A. Personnel Item It was recommended that the hiring of two seaso nal recreation program assistants,Diana Carlson and Patty Soldner,be ratified. B. Resolution for Re-Issuance of Lost Bond Ciittificate ::•••••• ...:...• It was recommended that the resolution approving re-ignance of Lost Certificate No R-203, Eagan Minnesota General Obligation Improvement be approved. C. Resolution for Default of Conditional Use Permit for Lembke Trucking It was recommended that the City Council approve the Findings of Fact and the Resolution Revoking the Conditional Use Permit for Werner Lembke for a trucking ternSinal and outside storage at 545 Wescott Road in Eagan. D. Receive Assessment iiiiiiiiiii Bills It was recommended that the assessment roll be receive4:0d a public hearing for the assessment of delinquent bills be ordered for November 7, 1991. •.• 4 Page 3/EAGAN CITY COUNCIL MINUTES October 1, 1991 E License.On Sale Liquor.West Jnrsc3r Ajj Jential Buyers for Richards Food&Liquor, 4185 South Robert Trail .•.•...•. It was recommended that the on-sxl*liquor license for.N.est Jersey Associates for Richards Food & Liquor at 4185 South Robert Trail be approi4........ F. Election Judges for City Election. It was recommended that the attached list (Exhibit A) of election judges for the City election of November 5, 1991,be approved as presented. ........................•.•.•.•.• G. Contract 91-08.Approve ChaneOliliiift:MIOAti Run Road) It was recommended that Change Order #lto Contriii: 1-08 (Wilderness Run Road - Streets & Utilities) be approved and the Mayor and City Clerk.aathorized ta:•qaecute all related documents. H. Approve Resolution Requestiaglirliant4iitr, Oi:4ii:(Blackhavik Road-T.H. 13 to Diffley Road ....... It was recommended that a Resolution Requesting a MnDOT Speed Study on Blackhawk Road from Diffley Road to T.H. 13 be approved and the Mayor and City Clerk authorized to execute said document. I. Adjustment. 1991 General Fund Budget ....... It was recommended that miscellaneous Ajtistaients to the 1991 General Fund Budget be approved as presented. J. Request to Dakota County Regarding4Xfety csoice*:.§n Cliff Road/Holland Lake ..•• • It was recommended that staff be directiiiif.iiiiiitpare a letter to Dakota County regarding traffic safety .•.•.•.•.••• concerns on Cliff Road near Holland Lake.:.*::. :'• • Wachter moved, Pawlenty seconded, a motion to approve the Consent Agenda as presented. Aye: 4 Nay. 0 .10:10,0CL=04tOlta.:•::•*: VACATION/BUR 0Ali HilLS 2ND ADDITION ...•.-.• Mayor Egan opened the public hearing to drainagc utility easements(Lots 7,8,&9,Block 5,Bur Oak Hills 2nd Addition). Because the Waiver of Plat to split tot 8,Block 1,Bur Oak Hills 2nd Addition was withdrawn by Merila&Associates,the Council voted to deny this vacation. Wachter moved,Gustafson seconded,a motion to close the public hearing and deny the vacation of the common lot line drainage and utility easements between Lots 78, and 9, of Block 5, BUT Oak Hills 2nd Addition. Aye: 4 Nay: 0 • Page 4/EAGAN CITY COUNCIL MINUTES October 1, 1991 •• :•:•:•:•:•••••:•:•:•••:•:•••••••:•:•:•••:••••••••••••:-:. VACATIONjIJNISYS PARK 2ND ADDITION •:•:::•:. Mayor Egan introduced this item akit:ktiblic hearing to * .e a utility easement(Lot 2,Block 1,Unisys Park 2nd Addition). Director of Public Woi#:P.olbert said.that iiiaff is recommending;a continuance for two weeks because of the need to execute an amendm.'.: ....en!“....:'0•111ii:Vitel Field Development Agreement with Unisys. Pawlenty moved,Gustafson seconded,a motion to continue the public hearing to October 15,1991,for the vacation of the utility easement over Lot 2, Block 1, Unisys Park 2nd Addition. Aye: 4 Nay: 0 FIN4.:Wftf0404.tilitiOING HILLS OF STONEBRIDGE 3RD ADDITION .•.•.•.• ::::::::: Mayor Egan introduced this item as Project 597,Final Assessment Hearing (Hills of Stonebridge 3rd Addition-Trunk Storm Sewer). Director of Puhlic.Wiiii4c.4betCiiievided background slating that the Council had requested staff research the minutes pertinent to .a4e.s.Snients for Project 241 in 1980. He said,however, that their investigation found nothing that watildindicate there was an understanding that future trunk area storm sewer assessments were taken into consideration with the 1980 assessment or that it was to be abated at a later date when and if it ever arose. All discussion found in the minutes referred to storm sewer laterals which are the catch basins and pipes located within the streets. There were cost overruns associated with-Project 241 and there was a motion that the City should pick up all the costs associated with the storm sewer. That particular motion was defeated on a 2 to 3 vote and kSulpsequent amendment that the City pay up to one-half of those storm sewer costs was eventually approved iii44.fdiedo.assessments associated with Project 241 Mr.Colbert said while there could have been some confusinn;VI:diSe*Cua.a.eferred to storm sewer laterals. Mayor Egan then opened the meeting ti:::Public.trtatina*:: Mrs. Jim Ingram, 743 Hackmore Drive, expressed her concerns about the assessment and:***Onlitsiesident to come forward. • After brief discussion, Gustafson roiiiiitr,Wachter seconded, a motion to close the public hearing and approve the final assessment roll for Project 597,Hills of Stonebridge-Trunk Storm Sewer and authorized its certification to Dakota County. Aye: 4 Nay: 0 • FINALVSWMPIT:H.PWING PARR:tEttritit:iiiDOrnoN :•:::•:. •:•:•:.: Wachter moved, Pawlenty seconded, a motion to close the public hearing and approve the modified special assessment roll for Project 583(park Center Addition-Streets*Utilities)and authorized its certification to Dakota County. Aye: 4 Nay: 0 FINAL ASSESSMENT HEARING WEST PUBLISHING 3RD ADDITION ::::•:•:: Gustafson moved,Wachter seconded, a motion to close:.0...0...public hearing and approve the modified final assessment roll for Project 585,Final Assessment Hearing foliVest Publishing 3rd Addition-Trunk Storm Sewer and authorized its certification to DaU4:0**;:;AYKik::.:•:.ti.lay: 0 .•...•.•. Page 5/EAGAN CITY COUNCIL MINUTES October 1, 1991 FINAL:ASS :WANG SILVER'BEl L APARTMENTS Pawlenty moved, Wachter second.:a motion to close...the public hearing and approve the final assessment roll,noting all objections,for Project 88,Final Assessment Hearing(Silver Bell Apartments-Water Main Looping) and authorized its certificahort:10.Paitota.:COW Aye: 4 Nay: 0 FINAL ASSESSMENT HEARING DIFFLEY ROAD Mayor Egan introduced this item as Project 533,Final Assessment Hearing(Diffley Road-Streets& Utilities). Director of Public Works Colbert;notdr4 a::mo4fication to the assessment roll for this project He said that after research,Boulder Ridge 2nd Addition wsas:foundto: ve prepaid its assessment and that property had been removed from the assessment roll. In ansi to a giition from Councilmember Gustafson, Mr. Colbert indicated that the prepayment was subtracted from the.,total assessment and the roll modified accordingly. Attorney Richard Margula, represeiiiytig'Willmus::Properties,was present to insure the receipt of his client's written objection. Wachter moved,Pawlenty seconded,a motion to dose the public hearing and approve the modified final assessment roll for Project 533 (Diffley Road - Streets & Utilities) and authorize its certification to Dakota County. Aye: 4 Nay: 0 • .< SU ESS STUDY/PARK:SERVICE AREA#16 • Mayor Egan introduced this item as. .study:of:park needs for Park Service Area#16. As a result of a petition received from the neighbors in Pait.: itii4ei Area#16,in September 1990 the City Council requested staff hire a consultant to perform a study cif the area to determine whether additional parkland was needed. Consultant Tim Erkkila, of Westwood Professional Services, was hired to do the analysis and format recommendations regarding the service area. Director of Parks&Recreation Ken Vraa reported that the study had been completed; however, no attempt had been made to locate land in the area or check its availability. Tim Erkkila then explained the study px s 4nc'l i dtcat t that,based on specific criteria, there was general agreement that a park facility was appropriate. He said it vas his recommendation that the City pursue park area development of approximately six acres in the;northeast portion of#16 as a"mini"park for the short- term, with future development of additional facilities:?based oit:itsite suitability, neighborhood and facility standards. He said if possible, the site should remain npi:n for ni*:iprogrammed,neighborhood use. In answer to a question from Mayor Egan,Mr. Vraa said that,without including acquisition costs,he would estimate the cost of a neighborhood park to be$80,000-$100,000. Councilmember Pawlenty asked whether funds were still available and Mr.Vraa said there were no funds in the Park Site Acquisition Fund. He also indicated that the City may go through the process but not find land available. Recognizing that funding difficulties may prevent the park fom being built,Wachter moved,Gustafson seconded,a motion directing City staff to complete.tlid:st4!:regardwg another park in Park Service District#16 induding the initiation of investigation into s:}o sib3e.. etitriq::li t:S id park. Aye: 4 Nay: 0 • Page 6/EAGAN CITY COUNCIL MINUTES October 1, 1991 AMENDMENt/CI 'i :CODE/li iW.S a FOWL Mayor Egan introduced this item as'n'tequest to amend an'iirdinance,City Code,Section 10.12,Animals and Fowl- Keeping,Transporting,Treatment Housing. Ciity.Administrator Hedges provided background • . on the issue and indicated that Eugene Pfelfeir::gf,1339 Easte04ine had received a warning that he was in violation of the above ordinance and was now aee `''':au:aiiiienditient to that ordinance. • Mr. Pfeifer then explained that raising and racing homing pigeons was his hobby and he had received no complaints until abandoned"show"pigeons began following his birds home after a race. Mr.Pfeifer said he had gone to each of his neighbors and even the person who filed the complaint with the Police Department had no complaint with Mr.Pfeifer but only with the stray.birds.which.were inhabiting the neighborhood. Mr.Pfeifer said some of the strays were captured and the est;have•left:::4,Pfeifer asked that the City Council consider a permitting process such as that currently in effect in Mmneapolisi.:;WVhen Mayor Egan asked Mr.Pfeifer what could be done to keep the stray birds from mixing with:h1s pigeons;Mr.Pfeifer said it was a rare occurence but when it does happen they normally capture the strays.ansl return:them to their owners. • Dick Powell, the Chief of Police of or:_ ;ake;Ron Pa ik,of 890 Lakewood Hills Road; and Angelo Gulianni, formerly of the Minnesota Twins Oi g nlzation;all'spoke in favor of an ordinance amendment which would allow homing pigeon owners to continue to practice their sport. Mayor Egan asked if there were any members of the audience who wished to speak in opposition to the keeping of pigeons in the City and no one came forward. Pawlenty moved, Wachter moved, a:motion to continue this item with direction to the staff that the consensus of the City Council is to maintain 4e:current..ordinance but that staff explore options to allow people who are currently maintaining birds to obtain a pernik:under that ordinance if certain criteria is met. No enforcement of the ordinance as it currently stands:w II take place until the study is complete. • • Aye: 4 Nay 0 SPECIAL PERMIT/CHRISTMAS TREE SALES Mayor Egan introduced this item as a Special Use Permit,Bill Brabec,for Temporary Sale of Christmas Trees,on Lot 12,Block 1,Knob Hill Professional Park,Located in the SE 1/4 of Section 21. The applicant,Bill Brabec,was present to answer any Gustafson moved,Wachter seconded,a motion to approve a:special permit for Bill Brabec for temporary Christmas tree sales at Knob Hill Professional Park subject to the:tpllowing conditions: 1. This Special Use Permit is temporary and shall expireainuary 10, 1992. 2. All other applicable code requirements shall be met. Aye: 4 Nay: 0 SPECIAL PERMIT/CHRISTMAS T. EE SALES Mayor Egan introduced this item aa:a:::$pe i.0ae:ei'i igobert Jorgenson,for Temporary Sale of Christmas Trees,on Lot 1,Block 1,Cliff Lake'Cdstte;''I:ticatid inil a=SW 1/4 of Section 29. City Administrator Hedges advised the Council that the applicant was now requesting that their Christmas tree sales be moved from the site indicated on the application to an area on the west side ot`*e Cub Foods building. Page 7/EAGAN CITY COUNCIL MINUTES October 1, 1991 Jim Sturm indicated that staff's gtea#eat:':wriaeiii'with:Athe new location was the congestion at the entrance to the Cub Foods parking lot,es pedally for items as large is Christmas trees. Councilmember Wachter said he did not consider the parking lot at Ciib to be an appropriate location for the continual sale of seasonal items. The remainder of the Council,howei'et;:.generally agreed.that if these sales were to be permitted at all, the applicant should confine his request to the;c nsideration:of tth e original location. Tom Zelnik,representing the applicant,said the management firm that oval ees:the sh itig center had denied their original request and suggested the alternate site. After discussing whether to continue the item to allow Mr. Zelnik to advise the Cliff-Lake Center's management company of the Council's recommendation,Gustafson moved,Egan seconded,a motion to approve a special permit for Robert Jorgenson for tempo ry:.0 stxnas:tree sales in a 90'by 60' (5,400 sq.ft.) area in the northwesternmost portion of the grocery:M iii:0 trkhig ot:*:ii utlined in the staff report dated September 26, 1991), subject to the following conditions: 1. This Special Use Permit is temporary and shall eapi!*4#nuary 10, 1992. 2. All Other applicable code requi eniipjets'shall tie iotieti Aye: 3 Nay: 1 (Wachter) WAIVER OF PLAT & SHIRLEY OLSON • Mayor Egan introduced this item as:k ?V.aiver • Plat for Layne and Shirley Anderson,to Split Lot 11, Block 1,Letendre Addition,into Two R-1 Fat a' r ' <led between Do •E,!..- g (sue=.....?�)....•. Lane in the SW 1/4 of Section 9. The applicant Wachter moved, Pawlenty seconded, a :motion•.tu:::app a waiver of plat for Layne and Shirley ' Anderson to split Lot 11, Block 1, Letendre Addition: iiiii•two single family lots 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 4.0004: : 0t.:W W:dt$nage and utility easements along Heritage Lane and Donald Avenue. 4. The driveway for proposed Parcel B shall be:constructed:ia accordance with City Code requirements. 5. A cash water quality dedication fee of$32fii requirei '; 6. A cash parks dedication fee of$700 and a trailway dedication fee of$100 is required. Aye: 4 Nay: 0 WAIVER OF PLAT/MERILA&1$SOCIATES Mayor Egan indicated that a Waiver p 'P1atftit`A'esita and Associates,to Split Lot 8,Block 1,Bur Oak Hills 2nd Addition,Located Along Rolling HillaCoiirt'•in•tho'SE 1 f4"of Section 12 was withdrawn at the request of the developer. • Page 8/EAGAN CITY COUNCIL MINUTES October 1, 1991 .........•.-.•... i*P.,WILTIMI***xv .:.:.:.:. :NOTOA AWARD • Discussion of the National AssociatiOiiiiiftelecommm*Ons Officers and Advisors'"President's Award for Chapter Excellence" took place earlier in the TOASTMASTER MONTH PROCLAMATION Gustafson moved,Wachter seconded, a motion to proclaim October as Toastmaster Month in the City of Eagan. Aye: 4 Nay 0 VARIANCE TO LIQUOR4PLICATLON DEADLINE ••. Because it was determined that the applica444ynn VaMMelli, had sufficient time in which to make application for a liquor license and because..*:00014:arelf*ere he wishes to locate has not even been platted yet,the City Council did not considaiiiiiiiitiest f ce to the City Code requirement that liquor license applications be received no later than August 31 for the following year. IMMERNIMIFIITOM: EASEMENT VACATION/OUTLOT A,COVENTRY PASS RECEIVE PET LION/ORDER PUBLIC HEARING • Gustafson moved,Wachter seconded,a motion iiii:i0eiVethe petition and order a public hearing to be held November 7, 1991, for the vacation of a public easemeit iM.Outlot A, Coventry Pass. Aye: 4 Nay 0 • STATE SUPPORT Fp**OLOYS:iiiii CONSOLIDATION •:•:•:::::•::•:••• Pawlenty moved, Gustafson secondeit a motion to encourage the Department of Trade and Economic Development to support financial assistance from the State of Minnesota for a Unisys jobs consolidation at the marketing facility. Aye: 4 Nay 0 METROPOLITAN COUNCIL 411W.PRT.REUSE COMMITTEE :::::•:•:•:•:•:•: City Administrator Hedges said asked the City to recommend a staff or elected official to serve on their newly created AivporEge-Use CeiMimittee. The committee has been formed to develop conceptual plans for the re-use of the MinneatiOlis/St.Paul International Airport when and if a new airport is built. Because of the redevelopment nature the task*.Hedges said the City Council may wish to consider a staff person from the Community DeveloPtient DepeOliMent. After discussion,a recommendation will be returned to the City Council for their consideration at the October 15, 1991,meeting. SPECIAL CITY COUNCIL MEETING Gustafson moved,Wachter seconded a motion to hold ajcial City Council meeting on October 22, 1991, at 5:00 p.m. for the general purpose of discussing the 1992 GeMeral Fund Budget. Aye: 4 Nay 0 RESIDENT Lif:LO:Mtd*Riiiii :t*DARVALE A letter from resident Floyd Hiar regarding suggesti*:for including an ice arena and outdoor swimming pool in the Cedarvale area was brought to the City Conti:its attention by City Administrator Hedges. Page 9/EAGAN CITY COUNCIL MINUTES October 1, 1991 ..........•.••••••••••• :::::::::::::::::::::::::•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•: Mayor Egan then asked if there was any ,HRA grant,or tax increment financing district for that area. Because the City is taking an active role ciitedarvale, City Administrator Hedges said he would refer Mr.Hiar's letter to the consultAnt retained by the qty:to study alternatives for the Cedarvale area and further that funding alternatives willliC::.;presented to..*:.:Ecalomic Development Commission for ••••••••• consideration. CHECST Wachter moved,Egan seconded,a motion to approve the checklist dated October 1,1991,in the amount of$1,317,655.57. Aye: 4 Nay: 0 ADJOURAltiilt/P(gOtiVil(S:ESSION ....•.••• •:•::.:•: The City Council adjourned the regular meeting to an.executive session to consider attorney/client privileged information at 910 p.m. Those in attendageOitere May*Vgan Councilmembers Gustafson,McCrea, Pawlenty and Wachter, City Administrator.:40.4*:::Diropr.::(4:.Public Works Colbert, and City Attorney Sheldon. The executive session was adjounieitat approXiiiiiiiiii0:00 p.m. KF CITY OF EAGAN • E.J.VanOverbeke, City Clerk • • • •••••:. .• ................. ••••.•.• .•••••.• :•:•••••.• .•.•••••. ••• .•:•:::::: EXHIBIT A LIST OF JUDGES TO WORK MUNICIPAL ELECTION NOVEMBER 5, 1991 REPUBLICANS pEMOCRpIn 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 1BERKNESS SHIRLEE KLANG MARILYN PORTER •