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09/01/1992 - City Council Regularr AGENDA REGULAR MEETING CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING SEPTEMBER 1, 1992 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. POLICE DEPARTMENT 1 L 1. Youth Relations Officer .y.2. Expansion of Area Involved in DNR 1991-1993 Alternative Deer Control Program t'41? 3. Hunting Permit r IV. 6:55 - CONSENT AGENDA (PINK) • , t A. PERSONNEL ITEMS I , B. PROCLAMATION, Book It Day/National Reading Incentive Program, October 1, 1992 V A 15C. CORRECT Public Hearing Date to September 17, 1992, for Assessment of Delinquent Bills ' '1; ,D. CONTRACT 92-08, Receive Bids/Award Contract, Blackhawk Park lg. = :2C9;-1teilB1T , is/Award Contract, Blackhawk Park Boardwalk TCT 9 -11, ceBds Award Contract, Lakeview Trails Addition f: 1,AG. CONTRACT 92-10, Change Order #1 (Weston Hills Trunk Utilities) '1H. FINAL PLAT, Hawthorne Woods West 1,7i. SHOWS LICENSE, Stipe Shows, Inc. , for Dakota Fun Fest, September 26 & 27, 1992 0.3. MEMORANDUM of Lease, U S West New Vector Group & City of Eagan e1 K. AUTHORIZE Solicitation of Price Quotations, Snow Removal Services L. STIPULATION of Settlement Agreement, Richard McGrew Property p(M. CONTRACT 92-08, Authorize Final Contract Payment (Wilderness Run Road - Street & Utility Improvements) 0(N. PROJECT 613, Receive Final Assessment Roll/Schedule Public Hearing (Willbrook Addition - Streets & Utilities) 350. CONTRACT 91-C, Acknowledge Project Completion (Manor Lake 3rd Add-Streets & Utilities) 'P. CONTRACT 91-06, Change Order #2 (ECIP 3 and 4 - Street Improvements) ..!, Q. CONTRACT 92-12, Receive Plans & Specifications/Authorize Advertisement for Bids T'. (Poppler Homestead #2 - Street & Storm Sewer) V. 7:00 - PUBLIC HEARINGS (SALMON) 3'(A. PROJECT 621, Final Assessment Hearing (Manor Lake 4th Addition - Streets & Utilities) VI. OLD BUSINESS (ORCHID) pi. RECEIVE Bids/Consider Award of Contract for Eagan City Hall Council Chambers Media Equipment and Installation A5B. RECEIVE Bids/Consider Award of Contract for Eagan City Hall Council Chambers Alterations ,`{fC. RECEIVE Bids/Consider Award Contract for Construction of Pumper Truck, Fire Department iriD. CONSIDERATION of Preliminary Plat Extension, Poppler Addition OLD BUSINESS (continued) E. COMPREHENSIVE GUIDE PLAN AMENDMENT, Meghans Addition/Pulsar Inc. , from NB et° (Neighborhood Business) to D-III (Mixed Residential) , a REZONING of Approximately 11 Acres from NB (Neighborhood Business) to R-4 (Multiple) and PRELIMINARY PLAT Consisting of 11 Lots and 88 Units Located along the South Side of Diffley Road and the East Side of Nicols Road in the NE 1/4 of Sec 30 VII. NEW BUSINESS (TAN) el),A. EXPANSION of MVTA Park & Ride Lot Facility in City Right-of-Way Adjacent to Cedarvale Mall i71,600B._ SPECIAL USE PERMIT, Dakota, Inc. , Off-Site Signage for Dakota Fun Fest, September 26- 27, 1992 , CC"C. AGREEMENT, Driveway Easement/Robert Ferguson, Lost Spur Property 41001D. MODIFICATION of Preliminary Plat, Episcopal Church Addition/Ss. Martha & Mary p, Episcopal Church, to Exclude Lot 1, Block 1, Kirschner Plaza, from Final Plat VV t10(E. CONDITIONAL USE PERMIT, SuperAmerica, to Allow a Pylon Sign on Lot 1, Block 1, Oak fl t Cliff 6th Addition, Located Along the South Side of Cliff Road West of Slater Road in the NW 1/4 of Sec 31 � 1 F. CONDITIONAL USE PERMIT Ryan Construction Company, to Allow Outdoor Storage eon Lot 15 i) ,+ Eagandale Center Industrial Park #2, Located Along the East Side of Lexington Avenue North of Lone Oak Road in the SW 1/4 of Sec 2 ,1G. COMPREHENSIVE GUIDE PLAN AMENDMENT, Anthony Caponi, Changing the Land Use from D-I (1.4v (Single Family) to P (Parks) and a REZONING of Approximately 58 Acres from AG (Agricultural) to PK (Parks) Located Along the North and South Sides of Diffle y Road 22 in the SE 1/4 of Section 22 and NE 1/4 of Sec 27 ,316 PRELIMINARY PLAT, Deerhawk Addition/Dakota County State Bank, Consisting of Five Lots 1 on Approximately 2.4 Previously-Zoned R-1 (Single-Family) Acres Located Along the South Side of Deerwood Drive in the SE 1/4 of Sec 20 ,(14 1. PLANNED DEVELOPMENT AMENDMENT, Semper Holdings, Inc. , to Allow a Drive-Thru Facility On Lot 3, Block 1, Hadler Park Addition, Located Along the South Side of Cliff Road West of Rahn Cliff Road in the NE 1/4-of Sec 31 j J. CONSIDER Dates for Truth-in-Taxation Public Hearings & Certification of a Proposed ill General Property Tax Levy for Collectable 1993 VIII. ADDITIONAL ITEMS (GOLD) 1,5-16A. REQUEST for Reconsideration, Building Permit Prior to Platting Property, Toby T. Stevens, Government Lot 7, Section 18, Township 27, Range 23 IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. Ile notice of less than 96 hours is received, the City of Eagan viii attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 28, 1992 SUBJECT: AGENDA INFORMATION FOR THE SEPTEMBER 1,1992 CITY COUNCIL MEETING +..•.:is�••:??:•:•.•:rr.........................::?;;•;•;:;•?;•:•?:•}?ii?i:iiriY ]0.y+ r�}�}N:.Wrr:•rY..O After approval is given to the September 1, 1992 City Council agenda and the regular meeting minutes of the August 18, 1992 meeting, the following items are in order for consideration. The City Administrator is requesting a clarification of the August 18, 1992 regular City Council minutes to change the preliminary plat extension for recording of the Woodlands North 2nd Addition plat to September 18, 1992. A. POLICE DEPARTMENT Item 1. Youth Relations Officer—The City of Eagan is receiving funding from School District 196 to be applied toward the position of D.A.R.E. officers and the youth relations officer position for the Middle School and Eagan High School. The City recently received a check for $14,225 for the D.A.R.E. officers and Middle School youth relations officer. An additional $15,000 will be received sometime in September from the Eagan High School for the youth relations officer position, totaling$29,225 that will be received this year for Police Department activities with the School District. In addition, another check for $14,225 will be paid on January 4, 1993. According to Chief of Police Geagan, the Police Department activities with the School District, such as the D.A.R.E. and the youth relations officer position, have placed a strain on the patrol division because personnel filling the D.A.R.E. and youth relations officer position have to be taken from the patrol division. The City of Eagan is in the middle of a hiring process for two new police officers that were authorized by the City Council for 1992, as well as a replacement for a police officer who recently resigned. Chief of Police Geagan is requesting that a replacement for the youth relations officer also be hired during this hiring process,because most of the funding for that position comes back through the School District. This would mean a total of four police officers would be hired during the current hiring process. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the authorization of a replacement for the youth relations officer in addition to the three current openings in the Police Department. c Agenda Information Memo September 1, 1992 City Council Meeting Item 2. Expansion of Area Involved in DNR 1991-1993 Alternative Deer Control Program— In official action at the August 20, 1991 City Council meeting, the Council authorized a three year alternative deer control program for Fort Snelling State Park in the Minnesota Valley National Wildlife Refuge as requested)y the Department of Natural Resources (DNR). Enclosed on pages 3 through is a copy of the original proposal received from the DNR and a map of the approved area. The City has been contacted by Jon Parker of the DNR. Mr. Parker stated that the DNR wants to expand the hunt area to include property close to Trunk Highway 77 and the Minnesota River. Enclosed on page ` is a copy of a map indicating the location of the property which the DNR wishes to include in the hunt. Enclosed on page '7 is a detailed map showing that property. Part of the property belongs to the City and part belongs to Mr. Kennealy. The Kennealy's have given verbal permission to the DNR for inclusion of their property in the hunt and the DNR is in the process of getting written approval. If the City Council does approve the expansion of the hunt boundaries as well as permission to use City owned property for the hunt, it will affect the hunting permit given to Mr. Jim Yanta. Mr. Yanta was given permission by the City Council at the last regular City Council meeting to bow hunt on the Kennealy property. Mr. Parker said that if the DNR obtains permission from Mr. Kennealy for the special hunt, Mr. Yanta will not be able to hunt the property during those hunt weekends unless, of course, he applies for and receives a special hunt permit from the DNR. The DNR will be advised that it will up to them and Mr. Kennealy to work something out with Mr. Yanta. The Engineering Division has stated that there is nothing on the City owned property that would be jeopardized by the hunt. Mr. Parker is attending another meeting the evening of September 1, so he will be unable to attend the Eagan City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: (1) the expansion of the DNR alternative deer control program boundaries, and (2) permission to use City owned property during the deer control program. • STATE OF • .r aj raf,. NIVMKICEZOIVAJ f� • DEPARTMENT OF NATURAL RESOURCE -1-=‘ PHONE NO. (612) 445-9393 June 12, 1990 F1LE NO. TO: Eagan City Council v E ° 1' PROM: Jon Parker. Area Wildlife Manager. ftsc.,�^�' Q .001 -, Area Wildlife Office 118 S. Fuller Street, *3 • Shakopee, MN 553 79 PROPOSAL: 1991-1993 ALTERNATIVE DEER CONTROL PROGRAM FORT SNELLING STATE PARK MINNESOTA VALLEY NATIONAL WILDLIFE REFUGE BLOONZNGTON OPEN SPACE LANE EAST OF INTERSTATE 35W THREE-YEAR PROGRAM: In accordance with the Deer Task Force recommendations we request that the cities authorize a three-year program. The results will be monitored by the Deer Task Force annually and modifications in the deer removal goal numbers, number of participants, and dates may be made. This could include one or more years which no removal would be done. Cities would be notified annually by May 1 of the next Fall's program. 1991 DATES: NOVEMBER 30 - DECEMBER 1: DECEMBER,7 - 8; DECEMBER 14 - 15. Three weekends. We may wish to add a Friday to each of the last two weekends to increase success and to attract enough participants. • ALTE .TIVE DEER CONTROL AREAS: The area labelled F1 on the attached map would be included in the program in Eagan. This includes DKR Fort Snelling State Park lards only. NtMBER OF PARTICIPANTS: Approximately 123 per weekend for the entire area; actual numbers would be based on one participant per 25 acres. Numbers of participants in Eagan Fl would be 46 per weekend. Each weekend would utilize a different group, but any successful applicant could participate on a "standby+' basis. Selection would be by random drawing from postcard applications. FIREARMS: Shotgun with slugs. NLMBER.OF DEER TO BE TAKEN: 160 for the entire area including Burnsville, Bloomington, Eagan, and Mendota Heights. Each participant may kill only one deer on a bonus license. Only antleriess deer would be taken. If we do not reach the goal, the remainder would be tarn by sharpshooting, if passible. - LICENSE: All participants must have purchased a 1991 deer license. • AN EQUAL OPPORTUNITY EMPLOYER 3 _ 1 • Eagan City Council Page 2 June 12, 1991 ORIIITTATION: All participants must attend an orientation session conducted by the Department of Natural Resources arxi US Fish & Wildlife Service. SPECIAL REGULATIONS: Same as previous controlled its. (Attachment #1) SHARPSHOOTING: If the 160 deer are not taken in the Alternative Control Program, we will attempt to reach the goal using sharpshooters. These shooters will be DNR artd US Fish & Wildlife Service Enforcenent'Officers as in past years. • • • • Hunting`Zones -. 1991-1993 f FORT SNELLING STATE PARK & Minnesota Valley National Wildlife Refuge tt aittttii ' iiiiitin ♦ ��. = �_ ru:tinitint niunui'i�• i wil , • ._MKO - Sir. 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I ,:r ..1: .. - to/is..,0/_--- L V 4,-ii ., i 3 EAGAN ta/ .... %.034e ai'�t•. . �� fit. t� ►_—' ~ • O •,}-- + /'• 9. * M _ .41 \-p.,-„ //-,Bi. y ,;,, I L '4 . /li • BUR,NSVILLE '�.• , • On Rd. :. 7 i:)... G; ). . . r: ."-: -• , ,y/.. ..ir—p: Ii; . / tr_ a , .,. .� • �■ .• v .• s — .1' Legend • L/v� � V Scale in feet .;Hunting ions f• Potting („pt t—L-r—Lint Sleet Dog Lake Unit Lon.Meadow Lake Unit F Fort Snelling State Park Alternative Deer Control Program c SEE PAGE 2/ b. • _... Izcw....3111/11■---------"11 .N. . .: .., -,e.,,,,,,..„, ' 4- ‘ -\ ---t �I Lr4 d :x •� u � _v. , ,,,i, ::,9„s: Ei O: ::dx ./e 76t. ..fi . ®•s IL, 40 i 1 . tcorp. q.: .... . .: : W141 g. g74.is., .. 1 .. .... ..,,,,..:l„:0„,,s, Eilliktiaja '4 ' til ~ • !' ♦1� a tit:1. ./ v. imii4.4.:,..T1 k> filf IP:1,1.1...T.K. •0,.. ....44.::ctir, .. CZN` ....... ....... COW ' l' • s. . 0,, .4:71, ...i.,, i4 C(:—.. J a gi, — it Pli „ , 13t. IIM 1::.‘, ::::a . No til 2: Ith' IlliriLii rtilli". lifig.10 i....m. 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"".:::.""11-,÷*,..,�,; a ...• r t i; , yI.taAamt. • k'?i f'i•Irr-iii:- �Tig _:+ ��r I of :t: 't;r. I� : �:% 3y ,. - . ,. x ... JIIHUuhI® „ :IZ * b ., �� ti v H i•.•c___Ns"ti li= fe . •III 1 ( 1 .ft:;;:e ss :�w. ;ll .7CC� �4 J I•7 - log •.i ii . t�7 / �l =p tt..� ti �Q `j c �; ;... �- - Its '. nee ��..,.,.•. ` 1ce �t�i r! ,i !r... N. '�; ......�. , .. �n� _ _. •:• Fri►i. c.: •( •;1: A SEE D4at DA• ' •. A 4 _ I0 0 ri Co - . 09 • ) Li al. • 18 4, 720. 1zi, ,, , ir • . . _ . . . PT. c;; • Joseph 4 E/'Zaps/h y9,' 7 ea/y y 0f Oil -52 Fo : /key efa/ ;plc. . / / Go ' .LOT'¢ S 4' . 1 ,/ 44%C 1 Q i 1 N 4 +r o T / ` "010-54 , , • ..c -/, i1■4•rso.7 ,,,,,.O\_ N_ Oil-f1 MY Agenda Information Memo September 1, 1992 City Council Meeting Item 3. Hunting Permit--The City has received an application for a special hunting permit from Michael Guggenberger of 1324 Wilderness Run Drive in Eagan for bow hunting of deer on property owned by Gopher Smelting and Refining Conpany at 3385 Highway 149 in Eagan. Enclosed for the Council's information on pages through are copies of the special hunting permit request form and a letter from Gopher Smelting and Refining Company giving their permission to Mr. Guggenberger to bow hunt on their land. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special hunting permit for Michael Guggenberger for hunting deer with bow and arrow on property owned by Gopher Smelting and Refining Company. SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT 1. Name , qgeAter3er, t i Chad S6O-tf- - 2. Street Address: 3. City/State/Zip Code: 13ZU Ali(der r Ruck 4/(/U 55123 IMPORTANT INFORMATION FOR THE APPLICANT Ap dons will be considered for parcels of property of five saes or morelig y and zoned'agricultural.' Hunted wildlife espri - - ),gam,Nesolopillipoonifs Exceptions to this policy will be the prerogative of the Eagan IN w . The maximum dates of the season for each wildlife hunted shall coincide with the bunting dates established by the Minnesota Department of Natural Resources (DNR). The Eagan City Council may,at its discretion,reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special hunting U the permit does not serve the purposes of wildlife management,even U the applicant has complied with all of the requirements. v bunter listed in this application may hunt only when accompanied by the applicant. A copy ofIhis permit and appropriate identification must be carried at all times for verification by the Eagan Police Department. 4. Property Owner's Name (written permission from the property owner must accompany this permit application): S. Property Location Description: 6o p he r,She. Ref r/j a' CO 3385• 1549 - an 6. Type of Game to be Hunted: 7. Specific Hunting Dates: .iker - Bo w 4 grow Sept: /9, ,'qq - 1 c . 3i, /??2_ IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY S. Name (Beginning with the Applicant): 9. Address: 10.Vehicle r}1 (Mae/ at ebe jy` 1.24 14% 00/y5 Rw I License#r E ft MN 5723 /7Z fith A • iW o Sc.l beArb 11. Police Approval/Permit No: 12. Approval Date: 13. Expiration Date: (612) 454-3310 4f! GOPHER SIflELTIflG & REFIOIflG CO. Manufacturers LEAD PRODUCTS 3385 So. Hwy. 149 Eagan, Minnesota 55121-2395 • August 26, 1992 TO WHOM IT MAY CONCERN: Mr. Mike Guggenberger has the permission of Gopher Smelting and Refining to bow hunt on their land for the 1992 bow-hunting season. Sin¢'e5ely, f John Tipper JT:mp • Agenda Information Memo September 1, 1992 City Council Meeting There are seventeen (17) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Seasonal Park Positions -- Because of the resignation of seasonal park personnel in order to return to school, it was necessary for City Administrator Hedges to approve the hiring of two seasonal park maintenance workers and one seasonal park attendant for the Parks & Recreation Department since the last City Council meeting. For the Council's information, those persons are Everett Culverson and Richard Ho1st (seasonal park maintenance workers) and Amy Hampton (seasonal park attendant). ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Everett Culverson and Richard Ho1st as seasonal park maintenance workers and Amy Hampton as a seasonal park attendant. PROCLAMATION/BOOK IT DAY B. Proclamation, Book It Day/National Reading Incentive Program,October 1, 1992—The City has received a request from "Book It!" which is a national reading incentive program to proclaim October 1, 1992 as "Book It! Day." The Book It! national reading incentive program was established in 1985 to provide teachers with a motivational tool that could help students read more. The free program is currently used by more than 680,000 teachers and enrolls 17 million children in 35,000 elementary schools. Enclosed for the Council's information on page —is a copy of the City of Eagan proclamation for Book It! Day. ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim October 1, 1992 as Book It! Day in the City of Eagan. CITY OF EAGAN PROCLAMATION BOOK IT! DAY WHEREAS, an informed and literate citizenry is vital to a strong democracy; and WHEREAS, the BOOK IT!R National Reading Incentive Program, sponsored by Pizza Hut, Inc. , has for the past seven years provided teachers with an effective tool for encouraging the educational development of our most valuable resource, our youth; and WHEREAS, the skill of reading provides a key to under- standing people, places and cultures, while helping us to learn more about ourselves; and WHEREAS, the Library of Congress has designated the 1992 literacy theme to be "Explore New Worlds--READ!" and First Lady Barbara Bush will serve as the campaign's honorary chair; and WHEREAS, through BOOK g ITl , children develop a positive attitude toward reading, learn the value of goal setting, teamwork and dependability; and WHEREAS, thousands of students in and around the City of Eagan will be participating in the BOOK IT! program from October through February; NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Eagan, in the spirit of this year's literacy theme, "Explore New Worlds--READ! , " does hereby proclaim the day of October 1, 1992, as BOOK IT! Day in the City of Eagan and encourages all elementary school students to increase their appreciation of reading through participation in this worthy program. CITY OF EAGAN CITY COUNCIL By: • Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing proclamation was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 1st day of September, 1992. E. J. VanOverbeke, City Clerk Agenda Information Memo September 1, 1992 City Council Meeting CORRECT PUBLIC HEARING DATE/ASSESSMENT DELINQUENT BILLS C. Correct Public Hearing Date to September 17,1992,for Assessment of Delinquent Bills— In official action at the August 18, 1992 City Council meeting, the public hearing for the assessment of delinquent utility bills was set for September 1, 1992. Because scheduling the hearing on this date would allow the City the legal amount of time to notify persons concerned of the public hearing, it is necessary to change the public hearing date to September 17, 1992. Public hearing notices which have been sent to the individuals involved in this public hearing do site the correct date of September 17, 1992. ACTION TO BE CONSIDERED ON THIS ITEM: To correct the public hearing date for the assessment of delinquent utility bills to September 17, 1992. RECEIVE BIDS/AWARD CONTRACT/BLACKHAWK PARK D. Contract 92-08, Receive Bids/Award Contract, Blackhawk Park—Sealed bids were received at 1:00 p.m. on August 21, 1992 for Improvement Contract 92-08 which is for the first phase development of Blackhawk Community Park. The scope of work consists of grading, parking lot, ,rdway, trails, ytilities, pond improvement and turf establishment. Attached on pages / through fJ is a copy of a memorandum from Parks Planner Sullivan concerning these bids and a copy of the bid tabulation. Staff is recommending that the City Council award Improvement Contract 92-08 to Bituminous Roadways Incorporated, the low bidder, in the amount of $440,681.55. ACTION TO BE CONSIDERED ON THIS ITEM: To award Improvement Contract 92-08 to Bituminous Roadways Incorporated in the amount of$440,68155. 1 ` MEMORANDUM • TO: ✓TOM HEDGES, CITY ADMINISTRATOR KEN VRAA, DIRECTOR OF PARKS AND RECREATION FROM: STEPHEN SULLIVAN, PARKS PLANNER/LANDSCAPE ARCHITECT DATE: AUGUST 25, 1992 RE: AWARD OF IMPROVEMENT CONTRACT 92-8 SEPTEMBER 1, 1992 CITY COUNCIL MEETING Sealed bids were received and read at 1:00 p.m. on August 21, 1992 for Improvement Contract 92-8. This contract is for 1st phase development of Blackhawk Community Park. The scope of work consists of grading, parking lot, roadway, trails, utilities, pond improvement and turf establishment. The Engineer's Estimate for this work, excluding bid alternates, is $450,922.00. Total project base bids ranged from $443,651.91 to $555,503.00. (See attached Bid Tabulation Form) The bidders also submitted four alternate bids. Alternate bids 1, 2A and 2B utilize a recycled crushed concrete for the parking lot and trails base in lieu of Class V crushed limestone. These alternate bids provide value to the contract by reducing the total project bid by $4,465.36. Staff is awaiting test results for this material, yet feels it is prudent to proceed assuming conformance to specification requirement will be met or exceeded. Alternate Bid #3 is for the installation of a culvert under a proposed bituminous trail. This alternate item is necessary to the project, therefore staff recommends approval of the $1,495.00 cost. Acceptance of the Bid Alternates revises Bituminous Roadways Incorporated total project base bid to $440,681.55. Staffs evaluation of the revised total project base bid is that it provides a good value to the City. Bituminous Roadways, Incorporated, the low bidder, has reputable experience, labor and equipment to perform this work. FOR COUNCIL CONSIDERATION Staff recommends that the City Council award Improvement Contract 92-8 to Bituminous Roadways Incorporated in the amount of $440,681.55. SS:cm cc: Rich Brasch, Water Resources Coordinator John Wingard, Development/Design Engineer i4f BID TAB - CONTRACT 92-8 BLACKHAWK PARK NAME TOTAL BASE BID ALT. 1 ALT.2A ALT.28 . ALT.3 Bituminous Roadways 443,651.91 33,030.13 12,48450 10,851.48 1.495.00 Central Landscaping 463,162.10 33,352.00 13,050.00 11,14590 1,300.00 DLR Excavating,Inc. 463,671.06 30,770.74 11,745.00 9,253.20 1,440.00 Palda& Sons, Inc. 555,503.83 35,504.70 12,48450 10,851.48 3,000.00 Ic Agenda Information Memo September 1, 1992 City Council Meeting RECEIVE BIDS/AWARD CONTRACT/BLACKHAWK PARK BOARDWALK E. Contract 92-N,Receive Bids/Award Contract,Blackhawk Park Boardwalk—Sealed bids were received for this contract on August 21, 1992. Two bids were received. For further information on those bids,enclosed please find a memorandum from Parks Planner Sullivan on page E l . Staff is recommending that the City Council award improvement Contract 92-N to Galva-Foam Marine Industries in the amount of $4,658. ACTION TO BE CONSIDERED ON THIS ITEM: To approve awarding improvement Contract 92-N for Blackhawk Park Boardwalk to Galva-Foam Marine Industries in the amount of $44,658. • 1 ( MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR KEN VRAA, DIRECTOR OF PARKS AND RECREATION FROM: STEPHEN SULLIVAN, PARKS PLANNER/LANDSCAPE ARCHITECT DATE: AUGUST 27, 1992 RE: AWARD OF IMPROVEMENT CONTRACT 92-N SEPTEMBER 1, 1992, CITY COUNCIL MEETING Sealed bids were received and read at 1:30 p.m. on August 21, 1992, for Improvement contract 92-N. This contract is for the fabrication and installation of a boardwalk at Blackhawk Park. The Engineers Estimate for this work, excluding bid alternates, is $54,000.00. Two bids were received with Total Project Base Bids of $50,858.00 and $61,496.00. The proposal provided for 4 alternates. Staffs evaluation of these alternate bids concludes that they provide no added value to the contract. Galva-Foam Marine Industries provided a voluntary bid alternate utilizing a different flotation type. This alternate allows for a $6,200.00 deduct from their low bid of $50,858.00. Staff has evaluated this flotation system and concludes that it maintains project integrity while providing lower costs. Galva-Foam Marine Industries has designed and manufactured marinas and dockage for over 27 years. Their references support a high quality product and equivalent level of service. FOR COUNCIL CONSIDERATION Staff recommends that City Council award Improvement Contract 92-N to Galva-Foam Marine :Industries in the amount of $44,658.00. 11 Agenda Information Memo September 1, 1992, City Council Meeting RECEIVE BIDS/AWARD CONTRACT (LAKEVIEW TRAILS ADDN) F. Contract 92-11,Receive Bids/Award Contract (Lakeview Trails Addition - Streets & Utilities)--At 10:30 a.m. on Friday, August 28, formal bids were received for the installation of public streets and utilities under the above-referenced contract. Enclosed on page �9 is a summary tabulation of the bids received with a comparison of the low bid to the estimate contained in the feasibility report which was presented at the public hearing held on August 4, 1992 date. All bids will be checked for accuracy on their extensions and additions with any discrepancies be noted at the Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 92-11 (Lakeview Trails Addition - Streets & Utilities) awarding the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. • LAKEVIEW TRAIL ADDITION PROJECT #635 CONTRACT #92-11 STREETS, UTILITIES & STREETLIGHTS EAGAN, MN. 1992 BID DATE: AUGUST 28, 1992 BID TIME: 10:30 A.M. CONTRACTORS LAKEVIEW TRAIL MANOR LAKE PARK TOTAL BID 1. Northdale Const. $383,500.55 $ 20,719.20 $404,219.75 2. S.J. Louis 419,516.00 3. Barbarossa & Sons 444,201.75 4. Brown & Cris 560,170.00 LOW BID $404,219.75 Feasibility Report Est. $383,642.00 -- % Over (+) -.0368% Under (-) F.R. Engineer's Estimate $415,000.00 $ 15,000.00 % Over (+) -7.59% +38.13% Under (-) E.E. Agenda Information Memo September 1, 1992, City Council Meeting • APPROVE CHANGE ORDER #1 (WESTON HILLS TRUNK UTILITIES) G. Contract 92-10, Approve Change Order #1 (Weston Hills Trunk Utilities)--Due to one of the requirements for the permit issuance from MnDOT necessary to install the trunk utility crossings under TH 3, it is necessary to extend the jacking of the trunk storm sewer into Fitz Lake beyond the quantities and alignment that were contained in the original plans and specifications. Subsequently, it is necessary to prepare a change order acknowledging the addition and deletion of various unit quantities as necessary to comply with this permit requirement. The net result of this change order is an additional $7,595 which will be the responsibility of the City's Trunk Storm Sewer Fund. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 92-10 (Weston Hills Trunk Utilities) and authorize the Mayor and City Clerk to execute all related documents. c20 Agenda Information Memo September 1, 1992 City Council Meeting ' _:T/s_s_ M i h • i ki • • • I Li H. Final Plat, Hawthorne Woods West—Staff has received an application for final plat approval of Hawthorne Woods West. All conditions placed on the preliminary plat approval on July 7, 1992, have been totally complied with. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. A copy of the plat as it appears for filing at Dakota County is enclosed on pagea . ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Hawthorne Woods West and authorize the Mayor and City Clerk to execute all related documents. ,••■ • AYH,/b....1 Nf*./ *.1* co/Sec 25,127,R 29 .5.c zs,rz7,R 23) Ilk•a•lo C. C I•0•15‘.,•0') •••••••OA 24,S.•ZS..,\ CCI•I!'■:-I P.,' ir:CI:.:.(-;V: — . ...... 1___ •••9111013f SO•E SU)SO— ___i_ = : . s •.,,t — gie31:11 t41,1,:'.',41•,' Nc.' :-;(; 2 COUNTY STATE AID HIGHWAY . . 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'.....:1,' . ..C,..1! 1 ;2 :.'1-: II ig 0 • . ...... 1 _ ROI —I I ig If AR .:--7,:" 321.-:•:= - .- ... 3. • F!..'t . _ ..__..•:___I Ig g i 1 i! r...,.,•;:, L._ 1 1 -..-.•:.-.; El, II .- c -E -.*.: ,:= 1,-." : • rri -I •t . 1 gi g.. F?.. 1 .g N g . ki ? :''''': 1- ; q 1 t RP .4 -giti I ;F. E II 2 N, 1 •7 ; I: • -, r•' • ag2". J Agenda Information Memo September 1, 1992 City Council Meeting SHOWS LICENSE/DAKOTA FEST I. Shows License, Stipe Shows, Inc., for Dakota Fest, September 26 & 27, 1992—The City has received an application for a shows license from Stipe Shows, Inc.,for a carnival for the Dakota Fest. As the Council will recall, Dakota Fest is a fundraising event sponsored by Dakota, Inc. on the Blue Cross Blue Shield grounds every year. The Stipe Shows have been the carnival at the Dakota Fest the last couple of years. The Police Department is currently investigating the application. Information regarding this investigation will be furnished to the Council prior to the Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a shows license for Stipe Shows, Inc., for Dakota Fest for September 26 and 27, 1992. MEMORANDUM OF LEASE/U S WEST J. Me o andum o�. ease, U S West New Vector Group & City of Eagan—Enclosed on pages through _-.Ad is a copy of a memorandum of lease which is a record of a lease between the City of Eagan and the U S West New Vector Group relating to that group . renting space for antennas on the Lexington Reservoir. It would be appropriate at this time for the City Council to approve this memorandum of lease and to authorize the Mayor and City Clerk to execute the appropriate documents. The memorandum of lease has been reviewed and negotiated by the Eagan City Attorney's office. The exhibits are on file in the City of Eagan offices. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the memorandum of lease with the U S West New Vector Group and authorize the Mayor and City Clerk to execute the appropriate documents. (Z MEMORANDUM OF LEASE This Memorandum dated this day of , 1992, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter "Lessor") and Minneapolis, SMSA Limited Partnership, 3350 161st Avenue S.E. , P.O. Box 7329, Bellevue, Washington 98008-1329 (hereinafter "Lessee") , is a record of that Lease Agreement (hereinafter "Agreement") between Lessor and Lessee dated August 8, 1990, which Lease Agreement includes in part the following terms: 1. Leased Premises. The Agreement pertains to real property which is described in Exhibits "A" and "B" (hereinafter "Property") , which are attached hereto and incorporated herein by this reference. 2 . Term of Agreement and Options to Extend. The initial term of the Agreement is for a period of five (5) years, five (5) months commencing August 8, 1990 and terminating December 31, 1995. Lessee has options to extend the Agreement term for four (4) consecutive five-year (5) periods. 3. Successors and Assigns. The terms, covenants and provisions of the Agreement extend to and are binding upon the respective executors, administrators, heirs, successors and assigns of Lessor and Lessee. Lessee however has limited assignment rights. q( 4. Reference to Entire Lease. The parties by this Memorandum intend to record a reference to the Agreement. The Agreement contains significant other provisions not referenced in this Memorandum. A copy of the Agreement is on file at the office of the City of Eagan, 3830 Pilot Knob Road, Eagan, Minnesota 55121-1897. LESSOR: CITY OF EAGAN: By: Its: LESSEE: Minneapolis SMSA Limited Partnership By: U. S. West NewVector Group, Inc. , General Partner VietK. ege:- By: Its: DIRECTOR OF REAL ESTATE&zOr11NG STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of , 1992, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public • f STATE OF Ir NNESOTA ) ss. COUNTY OF /-7f ' ) On this Aga day of ' ' , 1992, before me a Notary Public pin apd /fo�, said County, personally appeared �o to me personally known, who, being by me duly sworn to be a partner of the partnership named in the foregoing instrument, and that said instr nt -s signed pn behalf of said partnership by said 4) •- and he acknowledged said instrument to be the free act a % de`d of the partnership. ��QitCe�u Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank' Building 7300 West 147th Street Apple Valley, Minnesota 55124 (612) 432-3136 JFS aCe Agenda Information Memo September 1, 1992, City Council Meeting • AUTHORIZE SOLICITATION OF QUOTES FOR SNOW REMOVAL SERVICES K. Authorize Solicitation of Quotes For Snow Removal Services -- The Public Works Department has recently been informed that the contractor who has been providing contractual snow removal services for the City of Eagan for the past two seasons will no longer be able to provide that service for the 1992-93 snow season. Subsequently, it will be necessary for the City to formally resolicit quotations from eligible contractors for at least one main line and one cul-de-sac plow route. These snow removal services are provided on an hourly basis. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the competitive solicitation of contractual snow removal services for the 1992-93 snow removal season. • ;rl Agenda Information Memo September 1, 1992 City Council Meeting SETTLEMENT AGREEMENT/RICHARD MCGREW L Stipulation of Settlement Agreement,Richard McGrew Property—Enclosed on pages j through 33 is a copy of the stipulation and resolution relative to the settlement for the Richard McGrew property. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution adopting a stipulation of settlement for the Richard McGrew property as presented. SENT BY: 8-27-92 ; 3:17PY ;SEVERSON WILCOX SHE-+ 612 681 4612;# 2/ 5 STATE OF MINNESOTA DISTRICT COURT COUNTY OP DAKOTA FIRST JUDICIAL DISTRICT Court File No. 19-C3-91-7934 Richard McGraw Petitioner, vs. $TIPUL,T[OR AND ORDER CITY OF EAGAN, Dakota County, Minnesota, a municipal corporation, Respondent. WEEREAS, Richard McGrew ("Petitioner") is the owner of a parcel of land in the City of Eagan with the Property Identification No. of 10-00400-020-56 ("Subject Property") ; and WHEREAS, on July 2, 1991, Respondent City of Eagan (■city") assessed the Subject Property a total sum of $7,451.06 for street per • area and also front foot as part of Public Improvement Project No 543R; and WHEREAS, Petitioner brought an action in District Court appealing the sum of the assessments for Project 543R, known as.Richard McGrew v. City of Eagan; Court File No. 19-C3-91-7934; and WHEREAS, this matter was set for court trial on ,June 17, 1992 before The Honorable Judge Gerald W. Molina; and WHEREAS, the parties have resolved all dispute over the assessment against the Subject Property. NOW, THEREFORE, the parties do hereby agree as follows: 4;1A 8■96% 612 432 3780 08-27-92 03: 15PM P002 3124 SET BY: 8-27-92 ; 9:17PM ;SEVERSON WILCOX SILL-' 612681461243/ 5 1. The assessments levied against the Subject Property for Project 543R shall _be reassessed in the sum of $3,200.00 all for street per front foot. 2. The parties waive any rights to request costs in the above-captioned action. 3. The City shall direct the Dakota County Treasurer to recompute Petitioner's real estate tax statement using the reassessment figure of $3,200.00 for assessments related to Project 543R. 4. The Petitioner waives Notice of Hearing and Nearing on the reassessment of the Subject Property. 5. Upon the execution of the Stipulation, the Petitioner shall cause this action, Court File No. 19-C3-91-7934 to be dismissed with prejudice. CITY OF EAGAN Dated: , 1992 By: Thomas A. Egan Its: Mayor • Dated: , 1992 By: E. a. VanOverbeke Its: City Clerk Dated: S'" ?b- , 1992 jas Richard row 2t)() R■96% 612 432 3780 08-27-92 03: 15PM P003 #24 SNIT BY: 8-27-92 ; 9:18PM ;SEVERSON WILCOX SHEL-' 612 681 4612;# 4/ 5 STATE OF MINNESOTA ) ) se. COUNTY OF DAKOTA ) — On this day of , 1992, before me .a Notary Public within na d for said County, personally appeared THOMAS A. EGAN and E. J. VanOVEnBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality acknowledged tysaidf instrument to beiithedfreesaid ac Mayor and Clerk municipality. t and deed of said Notary Public STATE OF NM E96TA ) ) se. COUNTY OF {c%at raeviSavgga On this .21(.. day of 4cr Ck s 7- , 1992, before me a Notary Public within and for said County, personally appeared Richard McGrew to . me personally known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. MY Cumminiaa Expire:Jmawry 31,1996 tart' Public APPROVED AS TO FORM: Ai- 44. City Atto et'' Off' e � Dated: i/,1 y fZ APPROVED AS TO CONTENT: Department of Finance Dated: R-96% 612 43 3780\ 08-27-92 03: 15PM P004 #24 • SENT BY: 8-27-82 ; 3:18PM ;SEVERSON WILCOX SHEL 612 681 4612;# 5/ 5 ORDER FOR JUDGMENT Based upon the foregoing Stipulation entered into by and between the City of Eagan and Richard McGrew; IT IS THEREFORE THE ORDER OF THE COURT THAT JUDGMENT BE ENTERED FORTHWITH. • BY THE COURT: Dated: , 1992 JUDGE of DISTRICT COURT I certify that the above constitutes a judgment of the court. JUDGMENT ENTERED AND FILED THIS DAY OF ,, 1992. (SEAL) BY THE COURT ROGER W. SAMES DISTRICT COURT ADMINISTRATOR Deputy !);11- R-96% 612 432 3780 08-27-92 03: 15PM P005 #24 RESOLUTION OF CITY OF EAGAN ADOPTING BETTLENEBT AGABANINT WHEREAS, Richard McGrew is the owner of property located in the City of Eagan with the Property Identification Number of 10-00400-020-56 ("Subject Property") ; and WHEREAS, on July 2, 1991, the City of Eagan assessed the Subject Property a total sum of $7,451.06 for street per area and also front foot as part of Public Improvement Project No. 543R; and WHEREAS, brought an action in District Court appealing the sum of the assessments for Project 543R known as giehard McGrew v. City pf Sagan; Court File No. 19-C3-91-7934; and . WHEREAS, the parties have agreed to settle these disputes according to the terms of the attached Stipulation. NOW, THEREFORE, be it resolved, the Eagan City Council hereby adopts the attached Stipulation of Settlement resolving the McGrew assessment appeal and authorizes the Mayor and City Clerk to execute the Stipulation on the City's behalf. CITY OF EAGAN Dated: , 1992. _ BY: Thomas A. Egan Its: Mayor ATTEST: By: E. J. VanOverbeke Its: City Clerk Agenda Information Memo September 1, 1992, City Council Meeting AUTHORIZE FINAL CONTRACT PAYMENT (WILDERNESS RUN ROAD) M. Contract 91-08, Authorize Final Contract Payment (Wilderness Run Road - Street &Utility Improvements)--The City has received a request for final payment and acceptance of the above-referenced public improvement by the contractor along with a certification by the City's consulting engineer (OSM) that the construction conformed to the City's plans, specifications and standards. Final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final payment for Contract 91-08 (Wilderness Run Road - Street & Utility Improvements) in the amount of $11,290.64 and accept the improvements for perpetual maintenance subject to appropriate warranty provisions. RECEIVE FINAL ASSESSMENT ROLL - SCHEDULE PUBLIC HEARING. (WILLBROOK ADDITION) N. Project 613,Receive Final Assessment Roll/Order Public Hearing (Willbrook Addition- Streets & Utilities)--The installation of streets and utilities servicing the Willbrook Addition under Project 613 have been completed, all costs tabulated and the final assessment roll prepared. This is being presented to the Council for their consideration of scheduling a public hearing to formally present these final costs for final adoption and certification to the County. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 613 (Willbrook Addition - Streets & Utilities) and schedule a public hearing to be held on October 8, 1992. 3 ((/' Agenda Information Memo September 1, 1992, City Council Meeting • ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (MANOR LAKE 3RD ADDITION) O. Contract 91-C, Manor Lake 3rd Addition - Streets & Utilities, Acknowledge Completion/Authorize City Maintenance --Installation of public streets and utilities under the above-referenced subdivision was performed privately by the developer under the terms of the development agreement for the Manor Lake 3rd Addition. This work has been completed, inspected by City authorized personnel, reviewed by City staff and found to be in accordance with City policies and authorized plans and specifications. It is now appropriate for the City Council to formally acknowledge this completion and authorize perpetual maintenance by City forces. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion and authorize perpetual maintenance for Project 91-C, Manor Lake 3rd Addition - Streets & Utilities, subject to warranty provisions. APPROVE CHANGE ORDER #2 (ECIP 3 & 4) P. Contract 91-06, Approve Change Order #2 (Eagandale Center Industrial Park #3 & #4 - Street Improvements)--As a part of the plan and specification preparation for this project, the bid item for bituminous patching for driveway repair was inadvertently omitted from the bid quantities. As a result, staff has negotiated with the contractor to perform the work at the same unit price as bid in the Cedar Industrial Park for the identical situation. The net result of the change order is an additional $12,032.00. The additional cost will be assessed to the adjoining property owners in accordance with the feasibility report prepared for the project. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 91-06 (ECIP #3 & #4 - Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo September 1, 1992, City Council Meeting APPROVE PLANS/AUTHORIZE AD FOR BIDS POPPLER HOMESTEAD #2 (POPPLER LANE) Q. Contract 92-12, Approve Plans/Authorize Ad For Bids - Poppler Homestead #2 (Poppler Lane - Streets & Storm Sewer)--Plans and specifications for Contract 92-12 have now been completed and are being presented to the City Council for their consideration of approval and authorizing the advertisement for competitive bids. ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans for Contract 92-12 - Popp ler Homestead #2 (Poppler Lane - Streets & Storm Sewer) and authorize the advertisement for a bid opening to be held at 10:30 a.m., September 15, 1992. • 3cp Agenda Information Memo September 1, 1992, City Council Meeting WRAC BFARINGS FINAL ASSESSMENT HEARING (MANOR LAKE 4TH ADDITION) • A. Project 621, Final Assessment Hearing Manor Lake 4th Addition - Streets & Utilities--On August 4, the Council received the final assessment roll for the above- referenced project and scheduled a hearing to be held on September 1 to formally present the final costs associated with he installation of these public improvements under a City contract. Enclosed on page is a summary tabulation showing the amount of the final assessments as compared to those contained in the feasibility report prepared at the public hearing held on October 15, 1991. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing and the amount of the proposed assessments. 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 621 (Manor Lake 4th Addition-Streets & Utilities, and • authorize its certification to the County. • • • 31 FINAL ASSESSMENT NEARING PROJECT NUMBER: 621 ASSESSMENT SEARING DATE: SEPT. 1, 1992 SUBDIVISION/AREA: MANOR LAKE 4TH PUBLIC SEARING DATE: OCT. 15, 1991 IMPROVEMENTS INSTAT7•A.D AND/OR ASSESSED: P.R. - Feasibility Report PINAL F.R. FINAL P.R. FANITARY SEVER RATES RATES Milian RATES RATES Trunk 0 Trunk [i]Laterals $ 489.66/lot $ 955/lot ® Laterals $1,797.94/1o11- $2,783/lot 0 Service Let. Benefit/ Trunk ® Let. Benefit/ Trunk $1,934.25/lot $2,106/lot WATER STREETS By—Pass & Turn Lane [:]Trunk 1_1 9 Pslx $3 ,9R1 _R4/lnr $7,668/lnr [i]Laterals $1,300.65/lot 51,659/lot El Surfacing $3,657_04/lnr $4,857/1nt Service 0 Res. Equiv. ®Let. .Benefit/ Multi Equiv. Trunk $ 378.59/lot $ 356/lot O C/I Equiv. OKIAC • Trail SERVICES STREET LIGHTS ® Water & San. $1,413.45/lot $ 810/lot Sewer $ 972.86/lot $1,680/lot ® Installation -0- $ 172/lot Energy Charge CONTRACT # OF INTEREST AMOUNT CITY NO. ARCELS TERMS RATE £SSESSED FINANCED $263,342.88 $ 76,398.08 91-12 21 5 Yrs. 6.5 % $327,507 F.R. $ 87,080 F.R. • COMMENTS: • 3 Agenda Information Memo September 1, 1992 City Council Meeting AWARD CONTRACT/COUNCIL :ER MEDIA EQUIPMENT AND INSTALLATION A. Receive Bids/Consider Award of Contract for Eagan City H Council Chambers Media Equipment and Installation—Enclosed on pages through f,2 is a memorandum from the Cable Coordinator covering the bids for both the alterations of the Council Chamber and media equipment and installation associated with the audio-video upgrade of the Council Chambers. As noted in the memorandum, the low base bid is Todd Communications in the amount of $116,899. At the time of the authorization to bid, two alternate bids were added to the specification with Council approval to permit the installation of automatic playback equipment and a character generator to permit agendas, titles and other information to be superimposed on a video screen. Those alternates in the amount of $7,819 were comparable for both equipment bidders. As noted in the Cable Coordinator's memorandum, the total cost of the improvements is 21% higher than the consultant's estimate. The reasons for this variance are outlined in the memorandum. In addition, the City Attorney has provided an interpretation of state law which indicates that it is permissible to negotiate a lower price with the low bidder which would be "non-prejudicial to the public bid process and would enhance the public expenditure of franchise fees." As a consequence, the memorandum outlines three alternatives: 1) award bids as presented, 2) award the alterations bid as presented and the media equipment bid at a lower negotiated price or 3) to award the alterations bid and reject media equipment and installation bids to be immediately rebid. A rebid may or may not result in substantially lower costs given the activity and environment in the industry at the present time. ACTION TO BE CONSIDERED ON THIS ITEM: To receive bids and approve or deny and award of contract for the Eagan City Hall Council Chambers media equipment and installation for the low bidder with or without a negotiated reduction of costs. 5c1 M E M O R A N D U M TO: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN FROM: CABLE COORDINATOR REARDON DATE: AUGUST 26, 1992 SUBJECT: COUNCIL CONSIDERATION: AWARD OF COUNCIL CHAMBERS MEDIA EQUIPMENT AND INSTALLATION, & ALTERATIONS BACKGROUND At 11:00 AM, on Monday, August 24, formal bids were received for two separate bid projects concerning the media renovation of the council chambers. Listed are the results of the bids received. Alterations ECI Building Contractors - $24, 015 - Parkos Construction - $25,900 - KM Building Company Inc. - $37,598 CM Construction - $48,890 Media Equipment and Installation - Todd Communications - $116,899* EPA - $178, 390.42 * Does not include two alternate bids, which add an additional $7,819 to the base bid. Comparably priced alternate bids reflected in EPA's listed bid. Electronic Interiors (EI) proposal estimates for the total project amounted to $111,400. This amount does not include the firms service fees of $13 ,300. Difference between total actual base bids ($140,914) , and EI 's estimate ($111,400) , is 21%. The entire expense of the project would be paid for out of the City's Equipment Revolving Fund, which is funded by the cable franchise fees. Currently, in the City's retained franchise fees account, there is $464,000. According to Cable TV North Central, and staff estimates, the City is anticipated to retain an additional $150, 000 in fees for its cable related purposes in 1993. Lky) • DISCUSSION Obviously there is a significant difference between EI's estimates last spring and the actual bids received. Based on EI's review of the bids, its observations of the equipment vendor business, the timing of the bid process, and other related items, the following observations are made on the bids: The affects of ADA requirements were not included when the original proposal was presented and approved. The addition of including an elevating lectern, to accommodate wheel- chaired citizens, and hearing-impaired assistance equipment, increased the bid amounts by an estimated $7,000. During EI's Design Development phase, when the space was actually being designed, it was determined that less of the original equipment could be salvaged. - There are at least five local equipment vendors that normally compete for jobs. Only two submitted bids. Currently, the vendors are extremely busy, both in and out of state, and no one currently "needs" the work, as they did two months ago. Example, El is the consultant. for the City of Roseville which received bids on July 13 for a very comparable package. The low bid was $95,700 by EPA, $82,690 less than it bid in Eagan six weeks later. Note: Todd Communications was the next lowest bidder at $105,000, $20,000 less than its bid for Eagan. EI anticipated, after the observations noted above, that the total Media bid package would come in at approximately $106, 000. Removing the two alternate bids, El's updated anticipated bid estimate versus actual would have resulted in a 9% difference. Again this difference can be attributed to the vendors current lack of need to compete. EI had anticipated an Alteration (general construction) bid of approximately $25,000. ECI Building Contractor's bid of $24,015 is below that amount. Alternate Bid #1 was for the Automated Playback Equipment. It was added after Cable TV North Central agreed, as a result of the ownership transfer resolution, to cover the City's automated equipment expenses up to $5,250. Todd Communication's bid for the equipment was less than $5,000. The cable company would be responsible for covering the entire bid amount. Alternate Bid #2 was for character generation equipment. Todd Communication's bid was $3,276. 4.\ COUNCIL CONSIDERATION There are several options the Council could consider regarding the bids: 1) Award both bids as presented, as there are current, and future, sufficient franchise fee funds available. If the Council awards both bids, attention should be paid to the two Media Equipment Alternate Bids. 2) Staff has given permission to EI to attempt to negotiate a lower voluntary bid with the low Media Equipment bidder, Todd Communications. There is a possibility that Todd Communications would consider doing such, as it appears there may be opportunities for cost reduction, and that there is the possibility the Council might consider rejecting all equipment bids. Based on staff discussion with Legal Counsel Sheldon, such negotiations would be, "non-prejudicial to the public bid process and would enhance the public expenditure of franchise fees. " Any successful results of the negotiations will be presented to the Council, if possible, prior to the Council meeting. 3) Award only the Alterations bid, and reject the Media Equipment bid. Staff has yet to determine if ECI, low construction bidder, would consider awaiting a rebid process for the Media Equipment. This will be determined prior to the Council meeting. If the Council rejects the Media bids, staff would request that it be authorized to solicit new bids effective immediately. If staff is directed to solicit new bids, it is staff's hope construction would be delayed only until early October. This is important considering the state of the existing equipment. CONCLUSION Both myself and a representative of Electronic Interiors will be present at Tuesday's meeting. Should you, or the Council have questions prior to the meeting, please do not hesitate to contact me. • �,a • Agenda Information Memo September 1, 1992 City Council Meeting • AWARD CONTRACT/COUNCIL CHAMBERS ALTERATIONS B. Receive Bids/Consider Award of Contract or Eagan City Hall Council Chambers Alterations--Enclosed, on pages RP through is a memorandum from the Cable Coordinator covering the two aspects of the City Council Chamber audio-video upgrade previously authorized. The bid process was divided into two parts, namely physical alterations of the Council Chamber space itself and media equipment and installation. As outlined in the memo,low bidder for alterations is ECI Building Contractors in the amount of $24,015. This amount is generally consistent with the consultant's estimate with additional costs identified for the recently p assed Americans With Disabilities Act requirements. This item should be considered in light of the action taken on the media equipment and installation bid. ACTION TO BE CONSIDERED ON THIS ITEM: To receive bids and approve or deny an award of contract for the Eagan City Hall Council Chamber alterations for the low bidder as presented. LLP Agenda Information Memo September 1, 1992 City Council Meeting RECEIVE BIDS/CONSIDER AWARD/PUMPER TRUCK C. Receive Bids/Consider Award Contract for Construction of Pumper Truck, Fire Department—The executive committee of the Eagan Volunteer Fire Department appointed a truck committee. The duties of this truck committee were to design fire apparatus specifications for the construction of a pumper truck for the Eagan Volunteer Fire Department. This was done, public notice for invitations to bid were issued and bids were received from two companies for the construction of the pumper truck. These bids were from Custom Fire Apparatus, Inc., in the amount of $195,987 and from General Safety Equipment Corporation in the amount of$179,550. Members of the truck committee went out and inspected the fabrication of trucks by both companies. The truck committee felt that the fabrication quality in the trucks constructed by Custom Fire Apparatus was superior to that in trucks constructed by General Safety Equipment Corporation. The truck committee did make their concerns known to General Safety Equipment Corporation. In addition, Fire Chief Southorn and City Administrator Hedges requested that the City Attorney's office research whether or not the City was obligated to award the bid in this case to the lowest bidder. The City Attorney's office recommended the City either award the bid to the lowest bidder or reject all bids. The truck committee met last Monday and . is now recommending that the City Council award the bid for the pumper truck to the low bidder, General Safety Equipment Corporation in the amount of $179,550 with certain fabrication quality standards which General has indicated they will meet. Enclosed for the Council's information on pages through SP are a copy of the memorandum from the City Attorney's office and copy of a response from General Safety Equipment Corporation regarding the truck committee's concerns. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny awarding the contract for the construction of a pumper truck for the City of Eagan Volunteer Fire Department to General Safety Equipment Corporation in the amount of $179,550 with certain fabrication quality standards as required by the truck committee of the volunteer fire department. Lk4 r © r_g O CSIC� SEVERSON,WILCOX& SHELDON,P.A. AUG 2 51992 ` A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW • LARRYS.SEVERSON• KENNETH R.HALL JAMES F.SHELDON 600 MIDWAY NATIONAL BANK BUILDING "'SCOTT D.JOHNSTON J. PATRICK WILCOX' �� MIDWAY WEST 147TH STREET LOREN M.SOLFEST MICHAEL G.DOUGHERTY• APPLE VALLEY MINNESOTA 65124 ANNETTE M. MARGARIT MICHAEL E. MOLENDA•• (612) 432-3136 EDWIN R.HOLMES DANIEL M. SHERIDAN 'TELEFAX NUMBER 482 8780 SHARON K HILLS KEVIN S.SPRENG ALSO LICENSED IN IOWA ALSO LICENSED IN WISCONSIN ...ALSO LICENSED IN NEBRASKA OFCOUNSEL: TIFIED REAL.PROPERTY LAW SPECIALIST,MSBA . JOHN E.VUKELICH August 24, 1992 Tom Hedges, City Administrator Ken Southorn, Fire Chief City of Eagan • 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Award of Bids - Triple Combination Pumper. Dear Chief Southorn and Administrator Hedges: You have provided our office with copies of the fire apparatus specifications; public notice for invitations to bid; necessary correspondence; bid response of General Safety Equipment Corporation together with bid bond, and bid response of Custom Fire Apparatus, Inc. together with bid bond. Custom's bid is in the amount of $195,987.00 and General's bid is in the amount of $179,550.00. It is my understanding that after careful .review of the bids, that each bidder generally meets specifications but that there are "fit and trim" issues as regards the General bid. Members of the fire department, having concerns in this area, have inspected fire trucks in other communities built by the two bidders. Recently members of • the department met with General and by a letter dated August 18, P Y 1992, sent to the City, General attempted to alleviate certain concerns that the department had with its bid. I thank you both for taking the necessary time to discuss this matter with me in detail and to assist me with review of the documents. Based on the foregoing facts, you have asked whether the City may award the contract to either bidder in its discretion. We answer in the negative. J4inn. Stat. S471.345, Subd. 2, requires cities to bid publicly contracts for the sale or purchase of supplies, materials, equipment or the rental thereof, and for the construction, alteration, repair or maintenance of real or personal property. The bid specifications were properly drafted and the bids timely submitted. It is our understanding that the bids substantially complied with the specifications. The City is required to award the bid to the lowest, 14 `c Page 2 Letter to Hedges and Southorn August 24, 1992 responsive, responsible bidder. The purpose of that requirement is stated in Coller v. City of St. Paul, 223 Minn. 376, 387, 26 N.W.2d 835, 841 (1947) ; ". . .The very purpose of requiring competitive bidding is to divest the officials having the power to let contracts of discretion in some respects and to limit its exercise in others. In the area of discretion is precisely where such abuses as fraud, favoritism, extravagance, and improvidence in connection with the letting of contracts are prevalent. . .The purposes of requirements for competitive bidding are to prevent such abuses by eliminating opportunities for committing them and to promote honesty, economy, and above-board dealing in the letting of public contracts." If the City would let the contract in violation of the competitive bidding laws, the Supreme Court has stated, "As a matter of sound public policy, such a contract is void without any showing of actual fraud or in intent to commit fraud, if a procedure has been followed which emasculates the safeguards of competitive bidding." Griswold v. County of Ramsey, 242 Minn. 529, 536, 65 N.W.2d 647, 652 (1954) . You have asked specifically whether there is a distinction on emergency vehicles. We answer in the negative. Firetrucks, ambulances, squad cars and the like are all describable and are not unique in the sense that they cannot be bid. Public bidding for firetrucks, ambulances and squad cars is prevalent throughout the seven county metro area, the State of Minnesota and the United States and as such falls within the purview of Minnesota Statues S471.345. We see the alternatives as either to reject any and all bids (as provided for in the specifications) or to award to the lowest responsible bidder, i.e. General Safety Equipment Corporation. However, after review of the August 18, 1992, letter from General it appears that sufficient explanation in writing should be given to the fire department to adequately define the terms and specifications where ambiguity, if any, exist. Specifically, that written documentation should include clarification of such items as rivets or bolts in particular areas, tread plate pattern match, interior bolting, properly ground corners, and the like by way of example. You may even wish to have designated fire fighters involved in a supervisory capacity for the construction. In addition, you may want to consider appropriate incentives or penalties regarding the date of delivery of the completed. triple pumper. • (*(4) Page 3 Letter to Hedges and Southorn August 24, 1992 - I would be glad to discuss these matters with either or both of you in detail, however, based on the facts as we understand them, it is our legal opinion that there is not a basis to award the bid to other than the low bidder. If you have any questions, please feel free to contact me. Very trul ours, Jame F Sheldon JFS: d • lAn + en erta over 50 years of dedication to the fire servic @COMC August 18, 1992 AUG 2 01992 City of Eagan V 3830 Pilot Knob Road Eagan, Minnesota 55122 Attn; Ken Southorn, Fire Chief Tom Hedges, City Administrator Gentlemen, I am writing in response to your request for a 30 day extension to our bid proposal for your new Fire Department pumper truck. We will be happy to provide this extension, as it is my understanding that your City Council will act upon the purchase of this vehicle at your September 1, 1992 council meeting. I would like to extend a personal "thanks" to your Fire Department truck committee for taking the time to visit with us at our factory last Thursday evening. I believe the meeting was beneficial to all who were in attendance, and it is our understanding that the committee has found our bid proposal to be in full compliance with your City's specifications. A few questions were raised during our meeting which I would like to address. 1) Have we built a 92" wide crew cab? As we explained, General Safety built the first crew cab of the design you have specified for the Parkside (Maplewood) , Minnesota Fire "Department in 1985. Since that time we have built and delivered many of these units to Fire Departments throughout the United States, including; Minnesota, Wisconsin, Colorado, Wyoming, California and Delaware to name a few. In reviewing our records, we have built crew cabs in widths of 78" (same as your last 4 units) , 80", 84", 90", 96" and 100" . Although we have not built a cab to the specific 92" width, we have proposed, and are certainly capable of providing a cab to the exact dimension meeting your needs. 2) Will we use the large or smaller size bolts in assembly of our body panels? In reviewing our bid proposal, you will find that we have proposed to use the smaller size bolts per your specifications and request. Although we can provide either the large, or the smaller size fasteners, we would suggest that you contact Marty or Mike at the St. Paul Fire Department Repair Shops at 645-0648, to discuss their experience with the same. St. Paul has had experience with both the large and smaller size fasteners in their vehicles, and may offer you some insight as to the long term durability of each. GENERAL SAFETY EQUIPMENT CORP. 550 Eighth Avenue(P.O. Box 249) North Branch, Minnesota 55056 Phones: Local (612)674-4804/Metro 221-9111 Fax#(612) 74- 3) Can we use a single piece of 4-way aluminum bent at 90 degree's, vs. two pieces of aluminum butted together at 90 degree's and caulked, at the armrest areas inside the crew cab? As we explained, it is actually easier for us to use one piece of material in this location, and we will be happy to provide this method per your request. 4) Will we use the exterior, or interior bolting method to attach the crew cab roof to the crew cab sides? As was shown to you in photo's of recently delivered units, we now use as standard, the "interior" bolting method for attaching the cab roof to the cab sides. In reviewing our proposal, page 6, paragraph 5, states that the crew cab roof front, rear and sides will be attached with the interior "concealed" method. 5) Tread plate pattern match. One of the committee members mentioned that the cross hatch "tread" pattern on the rear step of a truck we had built was not perfectly aligned as he would like to see. I hope we answered this issue by stating that we would match any treadplate on the truck to your exact expectations. 6) Why was our bid price so low? We believe our bid price was in line with the prices established when you bought your four pumpers in 1987. If you review the 1987, and the 1992 bids, you will see that the chassis has increased in price by approximately 2 1/2% per year. Subtracting the chassis from the total bid price, you will see that the pump, body and equipment portion rose at a rate of approximately 4% per year, which is very close to the average cost increases we have experienced in recent years. 7) Where have we recently delivered apparatus? As you are aware, General Safety Equipment Corp. has been manufacturing fire apparatus for over 60 years. A very brief list of Cities who use our apparatus in Minnesota include; -Eagan (5) units -Rochester (8) units -Bloomington (8) units -Detroit Lakes (7) units -Apple Valley (7) units -Lake Johanna (11) units -Minneapolis (30+) units -Alexandria (4) units -St. Paul (15+) units -Eden Prairie (7) units -Duluth (9) units -Inver' Grove Hts (5) units Most recent deliveries in Minnesota include; Brooklyn Center, Bemidji, St. Cloud, Lake Johanna, Princeton, Bloomington, Duluth, Apple Valley, Hoyt Lakes, Goodhue, Thief River Falls, Forest Lake, Plymouth, Eden Prairie and Dayton. We would certainly encourage you to contact any, or all of the above Departments to discuss our quality of construction, and follow up service support. I would appreciate the opportunity to pick the two of you up at your convenience within the next two weeks. In a short time we could stop at several Fire Departments within the Twin City Metro area to inspect vehicles we have manufactured. In summary, General Safety would very much like the opportunity to again work with the Eagan Fire Department. Upon inquiring with your people prior to the bid opening, we were told that you were happy with the previous apparatus we had supplied to your City, and that if we met your specifications and were even slightly lower in price, we would very likely receive the contract for this vehicle. We hope that this sentiment still remains amongst your Department, as it is obvious that we are considerably lower in price, and fully intend to meet your specifications in their entirety. Thank you for your time and consideration. Please feel free to call with any questions you may have regarding our bid proposal, or to arrange an inspection trip of vehicles we have delivered in the Twin City area. Sincerely, 7.) t Adi / • r L/// Dick Scheele, Vice President General Safety Equipment Corp. 15.C1) Agenda Information Memo September 1, 1992 City Council Meeting P. LIMINARY PLAT EXTENSION/POPPLER ADDITION D. Consideration of Preliminary Plat Extension, Poppler Addition—The City originally approved the preliminary plat for the Poppler Addition in January of 1990. On March 5, 1991, the City considered a request for consideration of preliminary plat extension for this addition. At that meeting, the item was continued indefinitely until staff could work out an appropriate agreement with the applicant regarding the exchange of easements for City fees. For further information n this item, p lee refer to a report from City Planner Sturm which is enclosed on pages `i through item, for the Council's information. Attached to the memo are copies of the original preliminary plat conditions, a copy of a letter from the Poppler's attorney regarding resolution of the easement/fee issue, appropriate maps and copies of the City Council minutes of March 5, 1991. Please note that because the City originally approved this preliminary plat in January of 1990,certain conditions are no longer appropriate. City Planner Sturm's memo contains conditions which are now being presented to the Council in lieu of those in the original staff report. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat extension for the Poppler Addition. • MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: JIM STURM, CITY PLANNER DATE: AUGUST 26, 1992 RE: POPPLER ADDITION PRELIMINARY PLAT EXTENSION On March 5, 1991 the City Council continued indefinitely consideration of an extension for the Poppler Homestead Second Addition with instructions to staff to work out an appropriate agreement with the applicant regarding the exchange of easements for City fees. A letter dated August 5, 1992 from Rollin Crawford, the applicant's attorney, explains what exchanges are being proposed. This letter was reviewed by the City Attorney's Office to insure legal accuracy before it was scheduled for Council action. The City originally approved the Preliminary Plat in January 1990 and as a result, certain conditions are no longer appropriate. These conditions are now being presented to the Council in lieu of those in the original staff report. 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Bi, B2, B3, B4, Cl, C5 (except as modified by City Council action 3/5/91), D1, El, and Hi. 2. Ten foot setback Variances from Lone Oak Road and Poppler Lane shall be permitted. 3. The development is required to provide a ponding easement for Pond DP-2 (Lemay Lake) to the defined High Water Level as identified in the City's Comprehensive • Storm Sewer Plan. 4. The development is required to extend sanitary sewer and water service to the right- of-way line of each platted parcel. 5. Development is required to revise the existing ponding easement for Pond DP-15 to • include all the areas up to the defined High Water Level as identified in the City's Comprehensive Storm Sewer Plan. Attached is a copy of the plat, Mr. Crawford's letter, and the City Council minutes of March 5, 1991 that lead to the indefinite continuance. If approved, I anticipate the Final Plat would be processed within 30-60 days. If you would like additional information, feel free to contact me. City Planner JS/js attach. 53 STANDARD CONDITIONS OP PLAT APPROVAL A. 7inancial Obliaations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and 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. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not. be released until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. pater 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. E. Other 1 . All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Coamission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 plataprv.con - LTS *2 YAW• f I 4 4' •17,• II .• 'Tee.' •o• Also•f; 11 PRELIMINARY PLAT OF ‘ t.•::::::. II .1____,_ _____;_,.:1, , e; POPPLER HOMESTEADS NO. 2 . s' -- i-Fill \‘. kfe" I 1 •. =-10- 1 qe.... 111 I I . I::: ! t• . ,t 1. el* .. 7\11 \ 11 I 't Ili • '.•,a t ! 1 I.. Illeoerept OM \ ■1 \. \ 0..1. I .......Veresre eereefooes.feeterdior e.elle*weeded filtieeleirrotrar Se.ello NM*el tle esorrer eforreeh . i I\ V ..\Alt s%\I i \ , 4 [/ II le° \ I L .. ' 1 1 0 . •., MA •• .s, I‘ .1 , 0 : :... t 'a • • \\*I"\\)\111 i 1,4# .' a'. .• a • arme am.et mat Um 41.414 am s • el14.11•114.11. 11.1441 K. n...4 6,3%. Ls»K. \.111.' r ■ I 1 ......0.........bark seise Pawl 10,1111$Sits. 11.*W et. • tt a% ■ 1 •I. .... fast does 1st I it,$.16 st.11. t•let it. • • !. ; Yoe*erre ewe MO MI•I'411410 0.110r 14 ta. 5•545 at. • &14..\%i 4 i1 t : i• f. 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PAUL ROGER EIRSON TIMOTHY J.KUNTZ DANIEL J.BEESON 633 SOUTH CONCORD STREET SUITE 402 P.O.BOX 298 ROLLIN H.CRAWFORD SOUTH ST.PAUL.MINNESOTA 55075 KELLY J.NEILAN KRUELL 612-451-1831 FAX 612-450-7384 KENNETH J.ROHLF HAROLD LEVANDER 1910-1992 August 5, 1992 Honorable Thomas Egan, Mayor • Members of the City Council Eagan City Hall 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Poppler Homesteads No. 2 Honorable Mayor Egan and Members of the City Council: This matter comes before you again after considerable review and discussion between and among the City staff and Lawrence Poppler and his representatives. The final resolution of the matter, subject to Council approval, is as follows: 1. Lawrence and Aurelia Poppler will convey to the City a new permanent sewer easement between Lot 4 and Lot 5 of the original plat. A copy of that document is attached as Exhibit A. 2. The City will approve the vacation of the permanent and temporary easements granted by document No. 378234 which easement is being replaced by Exhibit A. 3. Lawrence and Aurelia Poppler will convey by plat a new 30 foot permanent sewer easement across Lot 1 in Poppler's Homestead No. 2. 4. The City will approve the vacation Of the existing sewer easement and temporary easement created by document 378233 which easement is being replaced by the platted easment referred to in #3 above. 5. Lawrence a rence and Aurelia Poppler will convey by plat ponding Y P P 9 .. easements for the pond to elevation 878.2 and Lemay Lake to elevation 877.0. • 6. The City will vacate the ponding easement created by . document No. 378974 which easement is being replaced by the ponding easement referred to in #5 above. • Honorable Thomas Egan, Mayor Members of the City Council August 5, 1992 Page Two 7. The following requirements of the owners will be fulfilled through the transfer of easement rights which are to be conveyed, and such conveyance and fulfilling of requirements shall be memorialized in the Development Contract: a) All park dedication and trail fees b) Any water quality payment due c) Any remaining sanitary sewer trunk assessments for project no. 49 d) Any remaining storm sewer trunk assessment for project no. 424 8. The City will approve the plat for Popplers Homestead No. 2 as submitted. 9 . The City will approve the improvement project for Poppler Lane. We believe that these provisions together with the standard Development Contract provisions will resolve this matter and result in the final platting of this area and its development as a pleasant residential area. Si ely, 4(51-P...L.--,-. /VgatitesZ R llin H. Crawford RHC: ln cc: Lawrence Poppler f.../ AMMEMM DRAINAGE AND UTIL Tn EASEMENT IN CONNECTION WITH EAGAN CITY PROJECT NO. THIS EASEMENT, made this day of August, 1992, between Lawrence and Aurelia Poppler, herein referred to as "Landowners" and the City of Eagan, a municipal corporation, organized under the laws of the State of Minnesota, hereinafter referred to as the "City". W I T N E S S E T H: That the Landowners, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant and convey unto the City, its successors and assigns, a permanent drainage and utility easement, over, across and under the following described premises, situated within Dakota County, Minnesota, to-wit: The South 15 feet of Lot 4 and the North 15 feet of Lot 5, Poppler Homesteads according to the recorded plat thereof. See also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing permanent easement for drainage and utility purposes includes the right of the City, its contractors, agents and servants to enter upon the premises at all reasonable times to construct, reconstruct, inspect, repair and maintain pipes, conduits and mains; and the further right to remove trees, brush, undergrowth and other obstructions. After completion of such construction, maintenance, repair or removal, the City shall restore the premises to the condition in which it was found prior to the commencement of such actions, save only for the necessary removal of trees, brush, undergrowth and other obstructions. And the Landowners, their heirs and asigns, do covenant with the City, its successors and assigns, that they are the Landowners of the premises aforesaid and have good right to grant and convey the easement herein to the City. • 4.59 IN TESTIMONY WHEREOF, the Landowners have caused this easement to be executed as of the day and year first above written. Lawrence Poppler Aurelia Poppler (NOTARIES) APPROVED AS TO FORM: City Attorney' s Office Dated: APPROVED AS TO CONTENT: Public Works Department Dated: THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Building 7300 West 147th Street Apple Valley MN 55124 (612) 432-3136 JPE • 4AP • _ i it. L t J m D a NO�1 d, d ,2 a • t•`1 J • tt 310-7 �l a r as 1.► o a: rn at a , ..••., •••i' . •• .a1 .j' _ ... t.1. 1r: '•••••46inauLd at aa= aia • ..- 9 , 1,0 : I " 1 k.Oks tr N 1: v •1 .rt O t 1 t pN D p`� N . . : SGon _. a= , 2 • % t " • • g e�i1... N ..r.::„. :„...4„.... .. ■• •.•d 8• ,� di -1 • . ? Flo; I 00‘ : . I . 1 . c.1 . I 0 It - efI �, / 3 .,.; ! .■Arfainfr ii,w.. - ..0 ,.: jet311.-- 603" a sl '' f ' - 6 C.) ..: I . -. .1 ,...- - , . W :.-.. 4 . , 1 k51.1""Pri . - i, . v C M I mom. ,%s''f1 ^�:•tf v • : • _ ! try ! f I t - 1 G IIII 0 4 A 4. A Ap.....rp_......_ ._1 ..... 1 I \� .4- qpi, \ I VI r ‘a• r 4 ' z kt 11 ..... �^ Egypt ��'�at % , vit 1 \ •a 3 it �._ to ,.... !. '� l .�.....; o,! . • • o b fin . • iz x in a. b z 2 5 '' '' S. a v �.ter y n v U: g. :., It! !§ gig � , ail '3W.1 d'Yd: . 3 0 V 7 flity/A/ .'o AW W' 7R lfkg7 7.../70.._.— .. _ .L .V^ �6.�1'/7L� —. .— _ O/ 77$ 1441# �}.v I!i Ob7Ff !WI 4 -RN/ /OLP .fi 1,f, , �- \ e3dd.'d ! P IMAM/Y7 7.3. W V . A. ' / (NN 11.' .‘ :Ili ii' ; , 11 I I likkt 1 14C1 • i : hIll �s J,sd.� env _. !_. —T—r- rxo at - _ 77_2 _- � % , , �� to�- t ;,icy • • • • • • • 07644 *, 1111 PRELIMINARY PLAT EXTENSION/POPPIZR ADDk11ON „ �introduced this item as an=tension tithe preliminary plat for the) Addition. City Adm or Hedges said stag had reviewed the request for extension and pointed oat that�A&Crawford was in= Audience to represent the Poppler family. • • odor of Community Development Runkle said that the request before the Coned INIS a preliminary plat - • He said it was originally approved on January 16,1990 with sod hpprbali siad for one year. Mr. - ''� said City staff had met and reviewed the application and suggested the.additioa at Condition H1, which. ` ea that 'All standard platting and zoning conditions shall be adhered to West specifically granted a v ` _by Council action' . Rollie Crawford, of Levander, Gillen & Miller, spoke on behalf of the Poppler family. Mr. Crawfoi said the preliminary plat for the Poppler Addition had been approved but the property had not been Le -27 • • • Page 7/EAGAN CITY COUNCIL MINUTES �. March S, 1991 . &al platted because of the CSty's financial conditions of approval He said the City was askiil5 for a number of things including the dedication of an casement not on the property being platted but on prey previously platted across the street. He said they understood the necessity for a wider easement in 40F to properly maintain the sewer. Mr.Crawford said the City was also asking for a ponding easement for Limy lake on the previously platted property as well as on the property to be platted now. In addition he aildi jbe City had requested a ponding easement for the storm water system co the platted property. Mr.Oawfiyd said the area taken up by the pond is the equivalent of one lot. He said this pond serves a very large area lei*Ctys storm water drainage and added that the City is getting,if k it►platted as a part of the plat in questiop„iibe equivalent of one City lot with a value to the Popplers of approximately$30,000. In addition,if there wets j formal taking, the cost of easements not on the property being platted could be as muck as$800049000 for*storm sewer widening and perhaps as much as$4000 for the ponding easement area. He said the Popples(ivere willing to convey those easements,not as part of the platting because k isn't part of the plat,by legal dopgoent in return for an agreement to delete some of the assessments. Mr. Crawford said they disagree widi some of the assessments as they believe they have been paid previously. The remaining$4700 in assessmeatiter a area trunk storm sewer assessment, should more than offset by the large ponding area worth $30,000 bsts dedicated as pan of the Citys storm water system. Mr. Crawford asked that the City Council vary the igtxmal platting procedures which would impose those requirements as well as the imposition of$2300 in pertiod trail fees. Mr.Crawford said the property being dedicated Lemay Lake under an easement there is P Pent in8 by Y psrtgal open space and ponding area. He said this was a very small subdivision of one or two lots and the'Doppler*Mould like the preliminary plat to be extended with an agreement being entered into that would allow the plat love forward. Mayor Egan said it appeared to come down to the financial issue and credit for Mite easement acquisitions. Mr.Crawford said there were two concerns about assessments in the amounts of$ 0 and$4,408. Mayor Egan asked the City Attorney about the legality of giving credit to a developer for easesapits granted for off-site property. The City Attorney said it was not prohibited. Mr.Crawford said that the Popplers believe they • have paid their assessments,however,he agreed the records for some of these projects were very old. He went on to say that the cost of investigating and determining whether the assessments had beta,paid and then contesting that finding, if necessary, would exceed the amount of the assessments. He appeeied to the City Council to waive the assessments. Mayor Egan asked that staff research the assessment payouts. Councilmember Gustafson questioned why the applicant,who owes the City$6,788 in sssptotents,would be willing to trade what sounded like$44,000 in easements for that amount. Mr.Crawford said the ponding area was equivalent in value to a City lot, however, they were not making a daim for that augeget but would rather have the issue resolved and the property final platted. Councilmember McCrea saitjhe would not support such a proposal on a routine basis or waive any kind of fees for easement dedigtltioos; however, considering the history of this property,in this case she felt it was justified. Councilmember Qptafson said it was not a practice of the City to *waive such fees and perhaps a 'trade would be mita appropriate. Councilmember Gustafson then asked the City Attorney whether it was standard practice Aj a permissible practice when considering a plat extension to make an easement on P �8 P previously platted #condition of approval. City Attorney Sheldon said it was unusual to require something on previously ed property, however,this property was all under One ownership at one time. • Councilmember Wachter then asked bow much area drained into the pond on the Poppict property and asked whether it was runoff from considerably more area than just the Poppler property. DkIctor of Public Works Colbert said that while he could not give a definitive answer,the area is relatively small Yd the pond has • no outlet to Lemay Lake. Mayor Egan asked if it was ever designed to have an outlet to L,m$y Lake and Mr. Colbert said that the comprehensive storm sewer plan does show that eventually there could be an outlet, however, from a water quality standpoint it is something they would try to discourage. City Councilmember Wachter then asked what value the ponding area had to the overall plan. Mr.Colbert said it was identified in the Master Plan,however,it was not incorporated into the City's existing storm sewer system. Mr.Colbert went on to add that it would not be incorporated unless it became absolutely necessary. ( n ��C. (-4 • Mayor Egan said he had personally been involved in attempting to resolve the issues surrounding this property but because the property was platted in 1962, it is very&flea to identify payment of costs. Mayor Egan said that because of that,he felt it was a unique situation and rather than a waiver,it could be considered an exchange of fees for easements on previously platted property. Couneimember Gustafson said he would concur with an exchange of property easements for assessment fees. Conaclmember Pawlenty asked that City . Attorney Sheldon reflect this discussion when he worked out the agreements with the Poppies:. He said it should be made clear that this was not a waiver,but rather the City trading fees for easements that are needed by the City. • Cotmcimember Pawienty said the City also needed to be mindful of an additional condition which • • stated,'Staff is basically in agreement with the applicant in that a 24 foot wide street could be constructed over the existiag 20 foot wide driveway by adding curbing and doing an overlay if the subgrade is capable of supporting It A storm sewer is necessary,however,only a small amount may be needed depending on how the . street grades are designed. Staff also feels that detailed plan specifications, along with verification of the subgrade,is necessary before the construction begins.' Mr.Crawford said the applicant was in concurrence with • this condition. The City Attorney said that before Council took action, be would suggest that they not estend the preliminary plat until they had an agreement in hand for review. Oustafson moved, McCrea seconded a motion to continue consideration of an extension of the preliminary plat for the Poppler Homestead 2nd Addition indefinitely with instructions to staff to work out an appropriate agreement with the applicant to be returned to the City Council at the next available City Council meeting for approval. Aye: 5 Nay: 0 • • • < • 1 Agenda Information Memo September 1, 1992 City Council Meeting COMP GUIDE PLAN AMENDMENT/REZONING PRELIMINARY PLAT/MEGHANS ADDITION E. Comprehensive Guide Plan Amendment, Meghans Addition/Pulsar Inc., from NB (Neighborhood Business) to D-III (Mixed Residential), a Rezoning of Approximately 11 Acres from NB (Neighborhood Business)to R-4(Multiple)and Preliminary Plat Consisting of 11 Lots and 88 Units Located Along the South Side of Diffley Road and the East Side of Nicols Road in the NE 1/4 of Sec 30—These applications were last considered by the City Council at its July 7, 1992 meeting. At that meeting the City Council directed staff to work with Dakota County regarding an access from this development onto Diffley Road. A motion was passed directing the drafting of a letter to Dakota County officials indicating that the City Council had reviewed the Meghans Addition proposal,viewed it favorably, and wanted to express its desire that the County board formally review this project for the purposes of determining the access onto Diffley Road. The County Plat Commission and Physical Development Board of Dakota County have reviewed the proposal and are both recommending that no access be allowed onto Diffley Road from this development. Although these recommendations will be reviewed by the Dakota County Board of Commissioners for final action, four of the County Board of Commissioners sit on the Physical Development Board which is recommending denial. Therefore, the applicant for Meghans Addition has prepared a new plan with the cul-de-sac on the northern portion of the property adjacent to Diffley Road. All residents within 350 feet of this development have been notified that Meghans Addition applications will be considered by the City Council under Old Business on Tuesday, Se tember 1, 1992. For additional information on these applications, enclosed on page (p is a copy of the letter that was sent neighboring residents notifying them of the 'ty Council meeting. Enclosed on page (1 is a copy of the new plan showing the cul-de-sac. Enclosed on pages 0 through 7/ is a copy of the City Council minutes from July 7, 1992. Enclosed on pagesZ2through Gi I is a copy of the information that was sent to the Council with the agenda packet regarding these applications for the July 7, 1992 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1)a comprehensive guide plan amendment for Meghans Addition/Pulsar Inc.,from NB(neighborhood business) to D-III (mixed residential), 2) a rezoning of approximately 11. acres from NB (neighborhood business) to R-4 (multiple), and 3) a preliminary plat consisting of 11 lots and 88 units located along the south side of Diffley Road and the east side of Nicols Road as presented. • (IP CP 4 sY: . 5 _city of aagan MUNICIPAL CENTER MAINTENANCE FACILITY THOMAS EGAN 3830 PILOT KNOB ROAD 3501 COACHMAN POINT EAGAN,MINNESOTA 55122-1897 - • EAGAN,MINNESOTA 55122 Mayor PHONE:(612)681-4600 PHONE:(612)681-4300 PATRICIA AWADA FAX:(612)681-4612 FAX:(612)681.4360 • PAMELA McCREA TIM PAWLENTY August 25, 1992 THEODORE WACHTER Council Members THOMAS HEDGES City Admininstrator TO WHOM IT MAY CONCERN: EUGENE VAN OVERBEKE City Clerk On July 7, 1992 the Eagan City Council directed the applicant of the Meghans Addition to pursue all options of acquiring access onto Diffley Road. The County Plat Commission and Physical Development Board are both recommending that no access be allowed. These recommendations are reviewed by the Dakota County Board of Commissioners for final action. Please note that four of the County Board of Commissioners sit on the Physical Development Board. As a result, the applicant for the Meghans Addition has prepared a plan with the cul-de-sac on the northern portion of the property adjacent to Diffley Road. As a result, the Rezoning and Preliminary Plat will be scheduled for City Council review on Tuesday, September 1, 1992, as an Old Business item. If you would like additional information, please feel free to contact me. Sincerely, —.V4 ..''il'i --- . Jim Sturm City Planner JS/js • THE LONE OAK TREE . . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/A irmative Action Employer ul -7% ... -. ."-L-------1 I L-----1-----1--- - -J N. / • 4 --: 4!4‘. 4 ... 1 1 / l 1 , N•j. .14 1 1 1 " . / /. -44t-iii - . ; •. . / / 4 / .31: I / / • .. / , , 1 ft/l /e''• IL a / ■ 1 .j i/ / / . . NOI4 -4' 't 174 1 . / / / ♦♦` . 4101• I e 6 I' . . / ; - . ** * . I / . .. * ■ tA■ ftip I s I 7 1140 IP' • 1, gliN • al • : •It .. • Aid. I —' ill111 • '" imill. mow 1 it a I -! �y1 � i nit I - vo ■�■e1 + 1 . ,t-- - 2 r i 1 1 i _1 0 IIIIM ! ri 1 (1-62 • ! 0-- Audi 1 1 ' 11 1 • il I 1 F --.`_L... • i I 1 1 ..._ t i L, ----.� • • I I F 1 1 , JIM I � ( w'1 Page 4/EAGAN CITY COUNCIL MINUTES July 7, 1992 . V. Contract 88-F.Acknowledge Completion/Authorize City Maintenance(Fairway Hills,2nd Addition- Streets & Utilities) , , It was recommended that completion of Contract 88-F,Fairway Hills 2nd Addition-Streets&Utilities) be acknowledged and perpetual maintenance authorized subject to appropriate warranty provisions. Pawlenty move4 McCrea seconded, a motion to approve the Consent Agenda as amended. Aye: S Nay: 0 RATIFICATION/EAGAN CORRIDOR POSITION Egan move4 Wachter seconded, a motion to ratify the memorandum prepared by Assistant to the City Administrator Hohenstein which outlines the City's previously stated position that the corridor test be redone by the Metropolitan Airports Commission for a period of 60- 180 days. (See Informative Memo dated July 1, 1992)Aye: S Nay: 0 :PUBLIC;HEARING PROJECT 632/WESTON HILLS ADDITION • Mayor Egan introduced this item as Project 632,Weston Hills(Trunk Utilities). After brief comments by City Administrator Hedges and Director of Public Works Colbert, Mark Hanson of Bonestroo, Rosene, Anderlik and Associates described the improvements and their related costs. The developer was available to answer any questions; however, there was no one else in the audience to address the issue. Pawlenty moved, McCrea seconded, a motion to close the public hearing and approve Project 632, Weston Hills Addition (Trunk Utilities) deferring the mink area storm sewer assessment against Outlots A and B, Weston Hills, until the time of future development and at the then future rates. Aye: 5 Nay: 0 PROJECT 633/GREAT OAKS ADDITION Mayor Egan introduced this item as Project 633,Great Oaks Addition(Streets and Utilities)..After brief comments by City Administrator Hedges and Director of Public Works Colbert, Mark Hanson of Bonestroo, Rosene, Anderlik and Associates described the improvements and their related costs. No one was in the audience to address this item. Wachter moved,Awada seconded, a motion to close the public hearing and approve Project 633 (Great Oaks Addition-Streets& Utilities)and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 • ::OLD.B T,S.I.NESS;: COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING PRELIMINARY PLAT/MEGHANS ADDITION Mayor Egan introduced this item as a comprehensive guide plan amendment,Meghans Addition/Pulsar Inc.,from NB(Neighborhood Business)to D-III(Mixed Residential),a rezoning of approximately 11 acres from NB(Neighborhood Business) to R-4 (Multiple) and a Preliminary Plat consisting of 11 lots and 88 units located along the south side of Diffley Road and the east side of Nicols Road in the NE 1/4 of Section 30. City Administrator Hedges provided a history of this item and noted that the Advisory Planning Commission had recommended approval of the revised site plan at their June 23,1992,meeting. Mr.Hedges advised the Council that a letter had been received from the developer outlining his objections to certain conditions of plat approval 62-.C( I . -T Page 5/EAGAN CITY COUNCIL MINUTES July 7, 1992 and that the City Attorney's office was recommending that the issues be resolved before taking action. City Planner Jim Sturm then described the application. Developer Mark Parranto,Pulsar,Inc.,presented an overview of the Meghan's Addition and the changes they have made in the number of units,the setbacks and the amount of green space. He said that Pulsar,Inc., still does not have approval from the County for the right-in, right-out access onto Diffley Road but said they could not go to the County for this approval without a plan approved by the City. He suggested the Council approve the plan with a contingency for the access onto Diffley Road. Gary Grant,the architect for the project, reiterated the improvements they had made to the plat in an attempt to address the concerns of the neighborhood. He added that several neighborhood residents had asked why the developer did not build single- family homes on the property but Mr. Grant said their investment would require homes of approximately $200,000 and the location would not support homes of that value. • Mayor Egan read a sample of the letters received from residents regarding their preference for the multifamily development versus a commercial development. Some discussion then ensued regarding the initial homeowners petition and the developer's survey of residents. Barbara Michals,4255 Diamond Drive,voiced her objections to the survey performed by the developer and said that erroneous or partial information had been used in the survey. She asked that the neighborhood group be permitted access to the names and addresses of those surveyed so that the "whole story" could be presented to them. Councilmember Pawlenty explained that he had opposed the development originally but while the original petition was one factor in his decision, it was only one. He said that because it was obvious the neighbors disagreed on the development, his decision would have to be based on the merits of the • development and what is the best use of the land. Mayor Egan suggested that rather than discussing the merits of the petitions and surveys that discussion be directed toward the neighborhood reaction to the changes the developer had made to the site plan. Abbie Bahr said she did not object to the townhouses but did to the price of the townhouses. She said the townhouses should be more expensive in order to keep out the type of people who, among other things, default on their loans and do not keep their property up. She also objected to the density of the project. Don Roemhildt,4221 Diamond Drive,wondered why there was another public hearing when he thought the project had been denied. He then questioned the safety of the pond as it related to flooding. Director of Public Works Colbert provided information relating to the pond and its overflow. Roz Jarrett,4233 Diamond Drive,voiced her objections to the density and the lack of green space. She asked about intended plantings and questioned whether the homeowners association would stockpile snow close to the property lines thereby causing problems for the single-family homes with the spring thaw. She said her property would be devalued adjacent to the 360,000 townhomes. Mr. Parranto then briefly explained the landscaping plan. No further testimony was offered from the audience,therefore,discussion returned to the City Council. After initially alluding to the City Council's attempt to downzone property in the City,Councilmember Pawlenty said he believed that townhomes would be a more positive approach to the property than a commercial development. He noted that some residents believed that if the project were not approved,the property would • remain vacant. He said that while that was possible and they might find it beneficial in the short term,it was not the way to make a decision. Mayor Egan agreed and said all factors would have to be weighed including whether a strip mall was a better use of the property than a medium-density residential development. TP Ili 4 , . -► ..,. •s + .. 1 Page 6/EAGAN CITY COUNCIL MINUTES July 7, 1992 Discussion then turned to the developer's objections to the assessments;however,it was apparent that without further research,no decisions on their accuracy or appropriateness could be made. In ad.ition,because a rezoning cannot be "conditioned," City Attorney Mike Dougherty suggested that the City Coun '1 direct staff to work with the County regarding the access onto Diffley Road. He also pointed out that the r zoning could not be held in abeyance while an approved preliminary plat went to the County Board for dis,ussion of the access; the rezoning would have to take place before the preliminary plat could be approved. It as noted that without the second access, a commercial development may be a more appropriate use of the pr perry. City Administrator Hedges said that Staff would work with the developer on the assess ent amounts for the property and the appropriate rates for those assessments. After further discussion,Pawlenty moved, McCrea seconded, a motion to draft a letter to t e appropriate Dakota County officials indicating that the City Council has reviewed the Meghans Addition propos'1, specifically the preliminary plat component, views it favorably and wants to express its desire that the County ;oard formally review this project based upon the City's letter for purposes of determining the access onto Diffley 'oad. Mr. Parranto requested that in order to keep.the project moving,Staff be directed to be n preparation of the development agreement. The City Council agreed. Aye: 5 Nay: 0 RECOMMENDATION/SIGN TASK FORCE REPRESENTATIVES Mayor Egan introduced this item as the recommendations for Sign Task Force represe tatives. City • Administrator Hedges provided copies of a letter of application from resident, Ann Uzendos i, which was received Tuesday, July 7. After the first ballot, Larry Aldcrks, Sheryl Casey, and Ann Uzendoski were elected to epresent the residents-at-large contingent on the Sign Task Force. They will join the representatives from the Northern Dakota County Chamber of Commerce, Gary R. Morgan, Paul Abbott, and Linda Nelson; the epresentative from the Advisory Planning Commission,Gary Graves;the representative from the Advisory Par .,Recreation, and Natural Resources Commission,Jonathan Widem;and the representative from the Economic ID evelopment Commission,Tom Pederson. 'NEW BUS NESS • CONTRACT 92-05/MISCELLANEOUS PROJECTS Mayor Egan introduced this item as Contract 92-05, receive bids/award contract (•ak Cliff 6th, Woodlands North 2nd, Wilderness Ponds & Yankee Doodle- Utilities). Action on this item was delayed until after New Business Item D. APPROVE PLANS/AUTHORIZE ADVERTISEMENT FOR BIDS GREAT OAKS ADDITION & WOODLANDS NORTH 2ND ADDITION Mayor Egan introduced this item as Contract 92-09, approve plans/authorize advertise. ent for bids (Great Oaks Addition & Woodlands North 2nd - Streets & Utilities). MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR • FROM: JIM STURM, CITY PLANNER DATE: JUNE 29, 1992 RE: MEGHAN'S ADDITION At the June 23 Advisory Planning Commission meeting, the comprehensive guide plan amendment from Neighborhood Business to D-III (6- 12 units per acre)for the Meghan's Addition was approved 3 -2. The rezoning from Neighborhood Business to R-4 and the preliminary plat containing 88 townhouse units were approved 4 - 1. There were several residents in attendance and they reiterated the same concerns as with the previous proposal. The net density has been reduced from 11.1 to 9.4 units per acre. Ron Voracek submitted sixteen individual letters of support for the project that were mailed directly to him. Attached is a copy of one of them. Please note that a new staff report was prepared since the conditions are different from those of the previous submission. Condition #1 regarding standard conditions of plat approval was amended to include Fl, dealing with parks and trails dedication. The applicant agrees with all of the proposed conditions. If you would like additional information on this item, please feel free to contact me. • City Planner Attachment JS/mg .w Ii . r - "tr.& mot- Mr. Ron Voracek Chairman, Advisory Planning Commission • 1244 Morning Dove Court Eagan, MN 55123 Dear Mr. Voracek; I will be unable to attend the meeting of the Advisory Planning Commission when they discuss Meghans Addition, the proposed owner occupied multi-family residential development for the Southeast corner of Diffley Road and Nicols Road. I am in favor of the latest plan showing 11 buildings containing 88 units with the pond area being in the Northeast corner of the property. I believe this will be a better use of this property than a commercial development. Sincerely, Name_______t °�_ Address 7? „['t • 13 SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY PLAT (MEGHANS ADDITION) APPLICANT: PULSAR INC. LOCATION: PART OF LOT 19, BLOCK 8, CEDAR GROVE 2ND NE QUARTER SECTION 30 . EXISTING ZONING: NB (NEIGHBORHOOD BUSINESS) DATE OF PUBLIC HEARING: JUNE 23, 1992 DATE OF REPORT: JUNE 15, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment from Neighborhood Business to D-III (Mixed Residential, 6-12 units/acre), a Rezoning from Neighborhood Business to R-4 (Multiple Family, and a Preliminary Plat consisting of 11 townhouse lots on 10.6 acres. The site is located at the southeast intersection of Diffley Road (County Road 30) and Nicols Road. EXISTING CONDITIONS: The topography of this low-lying site is relatively flat with site vegetation consisting of mainly scrub grass and young secondary tree growth. COMMENTS: The applicant is proposing to rezone the site from Commercial to Multi- Family Residential with an 88-unit townhouse development consisting of 11 lots on 9.19 acres and 1.4 acres to be a dedicated drainage and utility easement for ponding. Calculating density with a 10% credit for the ponding area results in a net site density of 9.43 units per acre. The R-4 zoning district allows a density of 12+ units per acre. The City Code also allows a maximum building coverage of 20%;this proposal has a coverage of approximately 14.4%. The site will be bisected by a private street that has access to both Nicols and Diffley Roads. However after preliminary review, Dakota County has recommended against the Diffley Road access. There will also be private drives to serve each building. As proposed, all buildings meet Code setback requirements from lot lines, however at least two units in each of Buildings 2, 6, 7, 8, 9, 10, and 11 do not meet the 25' minimum setback required from a private through street. The remaining buildings meet required private street setbacks. The revised site plan provides more green space between the proposed buildings and the existing residential. Asa result, Variances are being requested for seven of the eleven buildings due to the concentration of buildings to the north and west of the site. 1 J Mary Anderson Homes will build the entire project. The site will be built north to south. The units will be owner-occupied and one homeowners' association and homeowners' agreement will cover all units. The builder anticipates a mix of one and two bedroom units ranging in price form $60,000 to $68,000. Typically,with these projects, 65% of the owners will be single, with 35% being young married couples, with a total population around 150 persons. This project will be similar to the Diffley Commons addition by Rottlund Companies except the density of the Rottlund project is 7.4 units/acre compared to 9.43 units/acre. All buildings will have maintenance-free vinyl siding and each unit will have 1-1/2 baths, appliances, washer and dryer, and possibly a gas fireplace. Interior units will have a single car garage and end units will have the option of a two-car garage; the site does not provide any guest parking areas. Also, landscaped and green areas will be irrigated. The original landscape plan submitted was very similar to that of the Diffley Commons addition providing a mixture of plant material for year-round color. PARKS & RECREATION: The City Code requires the following site design and development requirements for multiple dwelling sites in Section 11.10, Subdivision 24B.12: "Each multiple dwelling complex shall have a minimum recreation area equal to 200 sq. ft. for each dwelling unit containing two or less bedrooms and said recreation areas shall be a minimum of 100' from any ponding area". This site's recreation area for 104 units requires .4 acres of open space or roughly a 132'x 132' area. 7 GRADING/DRAINAGE/EROSION CONTROL: The area where this development will occur has elevations that are generally lower than on the adjoining roads. The area was graded previously when the Cedar Grove developments were constructed and the material from this site was used for fill to construct the roads in the Cedar Grove area. The low point of Nicols Road adjacent to this site is at elevation 876 and the majority of this site is at elevation 870 to 872. The developer will be responsible for preparing a detailed grading, drainage and erosion control plan with the final plat application or grading permit application. A grading plan was not submitted with the latest layout,but based on a review of the previous grading plan submittal, the following comments shall apply. The development is required to maintain 3 feet of vertical separation between the lowest building elevation and the pond HWL. The drainage from the majority of this site will be directed to the newly created pond which will be used for a water treatment and a storm water quantity reduction facility. The pond storage volume of the pond shall be designed to allow for a maximum discharge rate of 2 cfs during a 100-year rainfall event. The outlet for this pond shall connect to the existing storm sewer in Diffley Road which drains to an existing 42" storm sewer in Diamond Drive. The storm sewer in Diamond Drive eventually drains to Pond AP-39. The drainage from the existing residential lots that abut this development to the east and south is proposed to drain across this site to the proposed storm sewer system or pond. The drainage swales that are to be constructed along the east property line shall be a minimum of 1.5 -2.0% slope to prevent standing water problems. Also, the proposed driveways shall be drained by constructing catch basins and storm sewer that will direct the runoff to the pond. Overland drainage from the private driveways to the pond will not be allowed. Catch basins shall be provided along Meghan Lane and the private driveways to collect the runoff from this development so that the flow does not exceed 4 cfs along the curb and gutter during a 5-year rainfall event. • The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. WATER OUALITY: This proposed multi-family residential development lies in the lower reach of Drainage Basin A. The preliminary site plan submitted with this application shows a pond that will be constructed in the northeast corner of the site. The outlet for the pond will be directed to the existing storm sewer in Diffley Road which drains to Pond AP-39, classified as a sedimentation basin in the City's Water Quality Management Plan and located to the north between the railroad tracks and the Minnesota River along Nicols Road. Water quality treatment requirements will be met by providing on-site ponding, a cash dedication or a combination of both as necessary to meet Code requirements. Stormwater • runoff from the site that discharges to the on-site pond will be treated according to NURP design standards by providing a depth of 43 feet below the NWL to discourage weed growth from the middle of the pond. -1(.0 '4) UTILITIES: Sanitary sewer of sufficient size, capacity and depth is readily available to this development along the south side of Diffley Road. Water main of sufficient size, pressure and capacity is available to serve this development from an existing 6" water main on the south side of Diffley Road and an existing 16"water main on the west side of Nicols Road. The developer will be responsible for preparing a detailed sanitary sewer and water main layout with the final plat application. A utility plan was not submitted with the latest layout, but based on a review of the previous utility plan submittal, the following comments shall apply. The watermain layout shall connect to the existing 16" line in Nicols Road and the existing 6" line in Diffley Road and loop a 6" line through the site. The connection of the existing 16"water main on Nicols Road will require the removal and replacement of Nicols Road. The utility plan shall show one 4" water line with gatea valve and one 6" sanitary sewer line being provided to each building. STREETS/ACCESS/CIRCULATION: Access to this development is proposed to be provided from Nicols Road and Diffley Road (County Road 30)if Dakota County Highway Department will grant an access permit. On Diffley Road, the centerline of Meghan Lane shall match the centerline of the driveway to the school to the north. City staff recommends that a concrete valley gutter shall be constructed across Nicols Road at the intersection of Meghan Lane. As shown on the preliminary site plan, Meghan Lane and the driveways connecting to it will be privately maintained. City staff recommends that Meghan Lane be constructed to normal City standards with B618 concrete curb and gutter. The private streets off of Meghan Lane shall be constructed with B612 concrete curb and gutter. Also, the island that is shown on Meghan Lane at the Diffley Road intersection shall be designed to meet the width requirements of the City's Standard Detail Plate No. 600. The width of the private streets shall meet the City's Code requirements as detailed on page 399 of the Code book. RIGHT-OF-WAY/EASEMENTS/PERMITS: This development shall dedicate all easements necessary for the sanitary sewer, water main and storm sewer systems of sufficient width as required by alignment and depth. The proposed pond shall have an easement dedicated over it up to the 100-year high water level of the pond. • This development shall be responsible that all regulatory agency permits (MPCA, MWCC, Department of Health, Dakota County, etc.) are acquired prior to final plat approval. FINANCIAL OBLIGATION • Meghan's Addition Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the • City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity • Amount Lateral Benefit M.F. $25.25/ff 712.1 ff $17,981 Water Lateral Benefit M.F. 1955/ff 712.1 ff 13,922 Storm Sewer • Storm Sewer M.F. .087/sf 400,416 sf 34.836 Trunk Total • $66 There are levied assessments totaling $44,338 attached to these parcels. • • 3 • CONDITIONS FOR MEGHANS ADDITION 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, Bi, B2, B3, B4, Cl, C2, C4, C5, D1, El, Fl, G1, and H1 2. A copy of the homeowners' association covenants shall be submitted to the City Attorney prior to Final Plat and recorded with the plat at Dakota County. 3. All landscaped and green areas shall have underground irrigation. 4. . A Variance to the private through street setback for Buildings 2, 6, 7,8, 9, 10, and 11 shall be approved per the revised site plan drawing dated 6/10/92. 5. The applicant shall resolve the Diffley Road access situation with Dakota County prior to Final Plat approval. 6. The existing trees along the east and south property lines shall be saved and protected to provide a buffer to the adjacent existing single-family residential lots. 7. The storm water drainage from the majority of this site shall be directed to the proposed pond. 8. The proposed pond storage volume shall be large enough to allow a maximum discharge rate of 2 cfs. 9. The slope of the drainage swales on this site shall be at least 1.5 - 2.0%. /1Ck STANDARD CONDITIONS OF PLAT APPROVAL • A. Financial Obliaations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. • S. 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 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, irosion, 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. $51 () 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. eater Ouality Dedication 1 . 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It , . , .! , • . 1 • I0Ol. . , laws. • '117/ . 4. ' ., : , 11 ■ 11 I al'• "06%1 dere' ■• '. 'i t.: •.', • 11 i ., i .ril / .- latil.N re .1. . •.- .'%-%•`•••\.;: . '' 1 W•it • ,i :II-.-.. _ , • s.sk' -; l• * _ _ , sh". tt 41:.n.‘k ; tic , A, • !, I• :. .- . ... .. , ..-,,, 4,. • z .) ! i - j ' • , ' I l '.. • ' I : : •. A s ?,, ..• .'.. j 1 ? 41,lc - . .1 al I 1. .t.. :4 IA . 1 i ! .. i .. . .%! I.:: FIGURE No. 17 . STORM SEWER LAYOUT • . • • MAP . • • CITY OF . • . . . . EAGAN( 91 3 • MINUTES OP A REGULAR MEETING OP THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JUNE 23, 1992 MEGRAN'S ADDITION - PULSAR, INC. Chairman Voracek opened the first public hearing of the evening regarding a Comprehensive Guide Plan Amendment changing the land use from NB (Neighborhood Business) to D-III (Mixed Residential) , a Rezoning of approximately 10.6 acres from NB (Neighborhood Business) to R-4 (Multiple) , and a Preliminary Plat consisting of 11 lots and 88 units located along the south side of Diffley Road. east of Nicols Road in the NE 1/4 of Section 30. City Planner Sturm stated that this application was previously denied by the City Council and a Resolution of Findings was prepared. However, the applicant requested that the Council not act on the resolution, explaining that a petition submitted by the residents was not accurate. Further, the applicant presented the results of their survey showing support from the residents in the area. A revised .plan has been submitted with the design goal being to shift the units away from the single-family homes. Mr. Sturm also stated that access from this site will be from Nicols Road and a right-in right-out access from Diffley Road. • (a Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 23, 1992 Mark Parranto, Pulsar Inc. , stated that the proposed site is not a viable commercial site, so another use for the site had to be found. He stated that the revised site plan eliminates the Y driveways, which adds off-street parking and more green space. Gary Grant, a representative of Mary Anderson Homes, stated that the revised site plan addresses all of the previous concerns the Commission and the Council had with this application: 1. The number of units has been lowered. 2. Green space has been increased. 3. The units have been moved further away from the single-family homes (50 to 100 feet setback and only 5-7 units back up to single-family homes) . 4. The traffic coming in and out of the site will be decreased because of the lower density. 5. Compatible with the area. Mr. Parranto mentioned that the petition from the residents which showed 150 signatures was erroneous - actually only 70 signatures on the petition. Mr. Parranto stated that they sent 175 surveys to the residents in the area and received 66 responses. Out of those 66 responses, 87% were in favor of multi-family homes being built on this site. Abby Bahr, a resident of Marble Lane, stated that she did not receive a survey from the applicants. She further stated that the petition that she had the residents sign only took her four hours to complete and only three people refused to sign. She mentioned that the density of the proposed site is not the problem, but the 88 families that will move in are. Ms. Bahr obtained records from Dakota County which stated the default rate on similar townhome developments in Eagan was approximately 50%. She felt that this application was not compatible with the existing area and would give the feeling of a "sardine-type"atmosphere. Mr. Grant replied that the monthly payments for the proposed units will be approximately $700.00/month. They are not anticipating low income families to live there and did not believe the default rate would be that dramatic. • 2C.;\ Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 23, 1992 Chairman Voracek stated that he received 16 letters in the mail from residents in favor of multi-family housing, however, they could not attend the meeting. He learned from Mr. Parranto that approximately 65 of these letters were sent to individuals asking that they sign them and return them to Mr. Voracek. Member Hunter stated that he voted against this proposal before and he still does not agree with the Comprehensive Guide Plan amendment. He felt that surveys could be very misleading. Member Graves stated that the previous concerns the Commission members had have been addressed with the revised site plan. He stated that he still has some problem with the increased traffic on Diffley Road, however, this site plan is better than before and is encouraging. He stated that he usually is not in favor of multi-family housing, but this development on this site he could support. Member Hoeft commented that he also was in favor of this application as commercial development is not practical on this site. He still has a concern with the access issue onto Diffley Road. City Planner Sturm replied that the County has not yet reviewed the Diffley Road access. He mentioned that with the reconstruction of • Diffley Road a median will be built .to Diamond Drive. City Attorney Dougherty stated that if something were to change on the site plan, the applicant would have to go through the process again. Member Gorman stated that he is opposed to this application. Graves moved, Hoeft seconded, the motion to approve a Comprehensive Guide Plan Amendment changing the land use from NB . (Neighborhood Business) to D-III (Mixed Residential) . All voted in favor, except Hunter and Gorman who opposed. Approved 3-2. Graves moved, Hoeft seconded, the motion to approve a Rezoning of approximately 10.6 acres from NB (Neighborhood Business) to R-4 (Multiple) . All voted in favor, except Gorman who opposed. Approved 4-1. Graves moved, Hoeft seconded, the motion to approve a Preliminary Plat consisting of 11 lots and 88 units located along the south side of Diffley Road east of Nicols Road in the NE 1/4 of Section 30, subject to the following conditions: c Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 23, 1992 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C4, C5, D1, El, Fl, Gi & H1 2. A copy of the homeowners' association covenants shall be submitted to the City Attorney prior to Final Plat and recorded with the plat at Dakota County. 3. All landscaped and green areas shall have underground irrigation. 4. A Variance to the private through street setback for Buildings 2, 6, 7, 8, 9, 10 and 11 shall be approved per the revised site plan drawing date 6/10/92. 5. The applicant shall resolve the Diffley Road access situation with Dakota County prior to Final Plat approval. 6. The existing trees along the east and south property lines shall be saved and protected to provide a buffer to the adjacent existing single-family residential lots. 7. The storm water drainage from the majority of this site shall be directed to the proposed pond. 8. The proposed pond storage volume shall be large enough to allow a maximum discharge rate of 2 cfs. 9. The slope of the drainage swales on this site shall be at least 1.5-2.0% All voted in favor, except Gorman who opposed. Approved 4-1. 010 Agenda Information Memo September 1, 1992 City Council Meeting EXPANSION MVTA PARK & RIDE LOT/CEDARVALE A. Expansion of MVTA Park & Ride Lot Facility In City Right-of-Way Adjacent to Cedarvale Mall—The Minnesota Valley Transit Authority(MVTA)currently operates a park and ride lot in City right-of-way adjacent to Cedarvale Mall. This lot has 34 spaces available for park and ride purposes. The usage of this park and ride lot is currently at and above capacity. Overflow cars have been parking in the adjacent Cedarvale Mall parking lot. Therefore, the MVTA is requesting the City Council to approve a proposed expansion of the park and ride lot in the City right-of-way adjacent to Cedarvale Mall for approximately 30 more spaces. This expansion would be temporary as construction of a new major park and ride site in the vicinity of Diffley Road and Cedar Avenue is planned prior to 1994. If the Council does approve this request. The MVTA would be required to apply for a permit to work within the City right-of-way which would be administered by the Engineering Division. Lot constructi9n would be paid for and maintained by the MVTA. Enclosed on pages Ct3 through q S is a copy of a memo from Senior Planner Marvin regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request from the Minnesota Valley Transit Authority to expand its current park and ride lot facility in City right-of-way adjacent to Cedarvale Mall. aka M E M O R A N D U M TO: Tom Hedges, City Administrator FROM: Kristy Marnin, Senior Planner DATE: August 25, 1992 SUBJECT: City Council Agenda Item - September 1, 1992 Meeting: Expansion of MVTA Park & Ride Lot Facility in City Right- of-Way Adjacent to Cedarvale Mall The City Council is requested to approve a proposed expansion of the Minnesota Valley Transit Authority (MVTA) park & ride lot in City right-of-way adjacent to Cedarvale Mall. The MVTA needs to expand the capacity of the existing park and ride lot as soon as possible to meet current demand. This expansion and use of the lot as a park and ride facility would be temporary. The MVTA intends to construct a major (300 to 500 spaces) park and ride lot in the vicinity of Diffley Road and Cedar Avenue. This lot, once completed, would provide regional access via the MVTA system plus alleviate the need for the existing Cedarvale lot. Construction of this new major lot is expected prior to 1994. BACKGROUND The MVTA currently utilizes a 34-space lot for park/ride purposes located west of Cedarvale Mall between Cedarvale Boulevard and the Cedarvale Mall frontage road. The MTC utilized this lot prior to the City of Eagan opting out of the metropolitan transit system and joining the MVTA. Route 72 to downtown St. Paul and Route 77EG to downtown Minneapolis serve this park/ride lot. As shown on the attached map, the existing lot is located within Old Highway 13 right-of-way. This right-of-way was turned back to the City by MnDOT sometime during the 1980's. The area of right- of-way within which the lot is located could be described as the boulevard, or median, between Cedarvale Boulevard and the Cedarvale Mall frontage road. The exact age of this park/ride lot is unknown, although it pre- dates the MVTA, and the authority under which it was originally constructed is also unknown. Usage of the existing park/ride lot is currently at, and sometimes above, capacity. Overflow cars park in the adjacent Cedarvale Mall parking lot. MVTA Executive Director Beverley Miller has calculated that an additional 30 spaces are needed to serve the current demand for park/ride facilities in this location. PROPOSED EXPANSION The MVTA has researched numerous options to solve the park/ride lot capacity constraints at the current location, including leasing spaces in adjacent parking lots and rerouting the bus service in (4 :5 Tom Hedges August 25, 1992 Page 2 the area. Numerous area businesses, including Cedarvale Mall, Cedarvale Lanes and the vacant Country Club Market, were contacted by the MVTA to lease spaces in their existing parking lots. However, none were willing to lease spaces to the MVTA for park/ride lot purposes. MVTA Executive Director Miller also investigated rerouting the service to a nearby area with available/leasable parking spaces. Such a reroute would have been fairly extreme to be feasible, with the route possibly deviating as far south from the current lot as Diffley Road. Since the expansion of the existing Cedarvale lot is temporary in nature, the rerouting was deemed impractical. As such, the MVTA has requested an expansion of the existing lot by adding approximately 30 spaces in the boulevard area immediately south-southwest of the existing lot. This boulevard area also lies within City right-of-way, and is indicated on the attached map. A bus shelter and loading pad would be added as needed in this expansion area. ACTION REQUESTED As noted above, the City Council is requested to approve the expansion of the park and ride lot adjacent to Cedarvale Mall. The reason for this request is that there is currently no defined City process for allowing parking in City rights-of-way. Because there is an existing park and ride lot within the City right-of-way, because the expanded lot within the City right-of-way would be for a public purpose, and because use of this lot within the City right-of-way would be temporary, staff believes that the MVTA's request is acceptable. Should the Council approve this request, the MVTA would be required to apply for a permit to work within the City right-of-way, which is administered by the Engineering Division. Lot construction would be paid for and maintained by the MVTA. Staff also requests direction on any other actions deemed necessary by the Council in completing the approval of this item. Executive Director Miller plans to attend the September 1, 1992 meeting to answer questions the Council may have. If you have any questions regarding this matter prior to that time, please advise. Attachment cc: Mayor Tom Egan Dale Runkle Jim Sturm Tom Colbert • Ed Kirscht • _...!-.. - --, ' ' oft% • .Ar,,,,,, ' ..•"7... " ....-- ...-. It% - /„,.., .,-. 1 ./.-- .,/ ,. � �/_ ' ems+ 1 + ., � „: '�,, Ir ii ii, A r /, , 11 ` 11/!1 /. — /,`,'•',! I I',�I, i/// O, 1 / 1, ' 1 2 ‘.. , , 1, .,_/,' / -% f. I;.#..' .'' :, :I. Ili 1":' .: >,- .... / t t4, ;■- ..- , , . - ,,, 0 ,...y),i ., ,. • / ' OP ' ice.- - I / , I 1 I/ I 10' 1. 0 \O Q•O I1- • i, ' /t`+C.4P, / ,� X019 .��`y #(O\P `'`//"\ \ ` '' • •/ 4. • . . ‘'s, ' �a OQ' Jam(, •/ \,. .. ` 4,' 0O •POPO QPQ. i 1 Oe0, • P�� G� P.(1, ,,` , C, + •P, /`P P4 OP '\ O� Of- 4.3* 1 '' \ GCrQ ,�� Ct0\ .- , O ✓� P Q 1 , 1, ; / -.17:\\)- r ..2j *Si 0 4(4.1e v eG g i� � /kP a*C tl , -1 C2 ..../÷A't. , / 1 ;',I./7 s, , ••- ” I p / , / It I It1G / ` I / CEDAnVAI E P^RK , i , , "'rt.' '. i rg',/ ■ / r, 1\ , ,.., c:/...(5\/ ,r; , , \ t Ors, ., : , /// .I 1 / -�, I '1 i, t \ ; l' ' r •� P I' Print: , {/ \r.\ /• / -, \1 •\It`\ t 1 • ` \I [I1I1I I 1 I I t I +.�.1 \ : ,' )./ .01 1t \\1 \\ 111 1 1 1• •t ��' , 1 _ /. 1> ,1111 t \. ,IIII r; I rr , In I 1\ ‘ . • ��. +, 411 1 t1� \� <'�� ,►If '.0-��" ‘s RN\ IIII l I \\ \ .'•� -. '1��/;1:>• , � , , \ ,i 1 I • ,�11 .,1-ice. -_ .. "iNtK p1):'.. \ / '� ' r I• ' \.`\ . /tIPt11 II 1\Ili . f �/ • �1 s ,,,, ?el `\4- 1 ��"�e ' 1 t xA1 \t IlIlr S,(}1,' /• \ \,.....r�4i/s- 1 r'r •` , IIIIt� ` r •I .I1 �, l�t1%.:`. 11_- ' 'S / /�e'i �,. .�; i 1 ,•1� { " \ ,, , \---.MI\x,11 ,1111 M> \ - \ `•\\`\``�"I111/I/''i,•1,ii �,:), ,'-,r,`- . . / t., '�`,'.\/ i,1 , 1, ,..a`"- ;\\; 1111r� ,' - , `ts`\\�' ,,.,11II1'It111111I ' , ,-.- . - _ ` `f, I 1 1 I i. ....\"•• \I I 1 •.1 's 1• ,1 III 1 11111 I I ,'s - / t •• \ !. ( �. 1,\1 ,111 , .I' ■ ',,.\•. . I t ..,1111 IV, rlrll' , l�.r- (0,1 Iv'y- ``s ! 'is ••\1 I,11" ':.\ II Ill 1••' 11 •• ' ll II ' a 1" '/ A CEDARVALE PARK & RIDE LOT EXPANSION PROPOSAL N a‘ Agenda Information Memo September 1, 1992 City Council Meeting SPECIAL USE PERMIT/DAKOTA FEST/OFF-SITE SIGNAGE B. Special Use Permit, Dakota, Inc., Off-Site Signage for Dakota Fest, September 26-27, 1992--An application has been received from Dakota, Inc., requesting a special use permit to allow temporary directional signs for the Dakota Funfest on September 26 and 27. Dakota, Inc., is a private non-profit job placement agency serving people with disabilities in Dakota and Hennepin counties. The signs would be erected by September 14, 1992 and removed September 28, 1992. For additional information relative to this application,please refer to the Comm nity Development Department memorandum which is enclosed on pages through C . Also enclosed on pages C,'j through )Ot)is a copy of the flier which has been distributed by Dakota, Inc., describing the Dakota Funfest. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit for Dakota, Inc., to allow temporary directional signs for the Dakota Funfest from September 14, 1992 to September 28, 1992. ` u SUBJECT: SPECIAL USE PERMIT APPLICANT: DAKOTA INC. LOCATION: 680 O'NEIL DRIVE EXISTING ZONING: VARIES DATE OF PUBLIC HEARING: SEPTEMBER 1, 1992 DATE OF REPORT: AUGUST 26, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow temporary directional signs for the Dakota Fun Fest on September 26& 27. Dakota Inc. is a private non-profit job placement agency serving people with disabilities in Dakota and Hennepin Counties. The applicant is proposing six 4' x 4' professionally produced wood signs with metal poles at the following six locations: 1. The intersection of Highway 13 and Blackhawk Road, northeast corner. 2. The intersection of Yankee Doodle Road and Blue Cross Road, southwest corner. 3. The intersection of Yankee Doodle Road and Pilot Knob Road, southeast corner. 4. The intersection of Yankee Doodle Road and Denmark Avenue,northeast corner. 5. The intersection of Cliff Road and Cliff Lake Road, northeast corner. 6. The intersection of Highway 13 and Diffley Road, northeast corner. The signs would be erected by September 14, 1992 and removed September 28, 1992. If approved, this Special Use Permit shall be subject to removal of all signs by September 28, 1992. O O 0 O a. Hi: way 13 o Yankee Doodle Road X C7 re O yy ►y X n rro Blackhawk Road X D�ffley Road (Co.Rd.30) ea 0 f X Cliff Road 3 W - = E /1.- wo . //11P. lk‘ illi% �` s`aotaa4 1 G v� g�ea�ps<0. • ` Ong P�� Ghaa�tod9 2 o:a �� OS G� e1,2aa °ko�e�e pQ�0 OFQ` SeN`�e5 t _,. A`V Q,V ko os�° ��V tot .o es.��V a<<�Q to�� Ppt1` oael 6\Sae `` Q` GQ� c, Je�oP v ` O Ae S V � P'k e o , $ �aGe, oa. ,t,�eo0\aeSkoP �1 � lea . P �� P `ties, aGte 6 �(c $9 oS es Q esa� eQ�? �g 1 e G��a��a �aa�5 L21 �� t��J ■ acv `O? • a aa� � Boa• °�.6Q• ��r�a a\e�d� � v �° e0o° � \b\e yap Q�~S e 01) \ ' � tape AN 04C) 0 X14 ft 1 off° 1,0:1,50`tt' .,_. liv4., s _ .:;,_ v C:t ‘$ # * e 0 okk. . . ., s G�re�d 1'14' or ed��• 4 �'�� 'y SQ° a Lr � 1t9 7 SC\ The Dakota Funfest raises money for Dakota, Inc., a private, nonprofit organization celebrating 27 years of serving people with developmental disabilities. As of July 22, the following businesses and organizations have joined Dakota as sponsors. Major Sponsors Blue Cross and Blue Shield of Minnesota Marriott Corporation Eagan Lions Patron Sponsors Federal Land/Yankee Square Inn Kraft American Minnesota Vikings Norstan Pizza Hut Super Valu United Parcel Service Contributors AAL Branch#3519 First Bank Eagan Northern Dakota County ARA Cory Firstar Bank Eagan,N.A. Chambers of Commerce Al Baker's Restaurant Ford Motor Company Northwest Airlines Anchor Paper Company Golf Car Midwest Norwest Banks-Eagan Apres, Inc. Grannis,Grannis,Hauge,Eide, Ocelco,Inc. Aspen Equipment Company Anderson Si Keller,P.A. Personnel Decisions,Inc. Biffs,Inc. John Henry Foster Minnesota Rotary Clubs-Apple Valley, Bituminous Roadways,Inc. Kirk Detlefsen State Farm Burnsville,Eagan Burger King of Eagan Insurance St.Paul Book&Stationery Co. Burnsville Optimist Club Knights of Columbus-Bumsville, Sexton Printing Inc. CNK,Inc.-Contract Interiors Eagan Signal Bank Cray Research,Inc. Marquette Bank Tempco Manufacturing Crosstown OCS,Inc. Minnesota Body&Equipment The Prudential Insurance Dakota County State Bank Company Company of America Dakota Electric Association Minnesota North Stars Unitog Company Eagan Fire Department Minnesota Valley Exchange Club Unisys Corporation Eagan Parks &Recreation Minnesota Zoo WMI Services of Minnesota Edina Realty Minuteman Press,West St. Paul W.A.Lang Insurance Co. First American Bank Metro NATCO Wooldrik,John Thank You to All of the Generous Sponsors of the 1992 Dakota Funfest Together we are turning disabilities into possibilities! Dakota,Inc. 680 O'Neill Drive,Eagan,Minnesota 55121 612/454-2732 Agenda Information Memo September 1, 1992 City Council Meeting AGREEMENT/DRIVEWAY EASEMENT/LOST SPUR C. Agreement, Driveway Easement/Robert Ferguson, Lost Spur Property—The First Ceremonial Master of Osmann Temple, Bob Ferguson, lives in a house on the southwest portion of the Lost Spur property site. Currently, that site has driveway access to Highway 13. Mr. Ferguson is requesting an agreement which would allow a driveway to Highview Avenue on the south through Bridgeview Terrace right-of-way. For additional information on this item, please efer to a memo from City Planner Sturm which is enclosed on pages \ ) through p for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a private driveway agreement for Robert Ferguson for Lost Spur property. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT • FROM: JIM STURM, CITY PLANNER DATE: AUGUST 26, 1992 RE: PRIVATE DRIVEWAY AGREEMENT Attached is a copy of a Private Driveway in Right-of-Way Agreement between the City and the Lost Spur property. The First Ceremonial Master of Osman Temple, Bob Ferguson, lives in the house on the SW portion of the site that currently has a driveway to Highway 13. This agreement would allow a driveway to Highview Avenue on the south through Bridgeview Terrace right-of-way. This document was prepared in-house, but reviewed by Mike Dougherty; Bob Ferguson has already paid for Mike's review time. If you would like additional information, please contact me. "7.4' City Planner JS/js attach. AGREEMENT RELATING TO PRIVATE DRIVEWAY This Agreement made this 26th day of August, 1992, by and between the CITY OF EAGAN (City),a Minnesota municipal corporation, and Osman Property, Inc.,a Minnesota Corporation, hereinafter referred to as Landowner. . . RECITALS WHEREAS,the undersigned Landowner is the Owner in fee of certain real property located in the City of Eagan, County of Dakota, State of Minnesota, and more particularly described on the attached Exhibit A hereto. WHEREAS, Bridgeview Terrace is a dedicated right-of-way pursuant to Post Addition No. 3 and Valley View Plateau Addition on file and of record with the Dakota County Recorder. WHEREAS,Bridgeview Terrace in part abuts the property described on the attached Exhibit A owned by the Landowner. WHEREAS, Bridgeview Terrace has not been opened or improved by the City and has not otherwise been opened to public vehicular traffic for that portion of Bridgeview Terrace described as follows: that portion of Bridgeview Terrace lying north of the northerly right-of-way line of Highview Avenue. • WHEREAS, the above-described portion of Bridgeview Terrace that has not been opened to public vehicular traffic and has not been improved by the City is that portion which would otherwise serve as access to the property described on the attached Exhibit A. WHEREAS, the Landowner has requested that the City approve a private driveway over the unimproved and unopened portion of Bridgeview Terrace. WHEREAS,the City of Eagan is willing to allow the Landowner to use the unopened and unimproved portion of Bridgeview Terrace for purposes of a private driveway subject to the terms and conditions hereinafter stated. NOW, THEREFORE, THE CITY OF EAGAN AND THE UNDERSIGNED LANDOWNER, FOR HIMSELF AND HIS SUCCESSORS, HEIRS AND ASSIGNS DO HEREBY AGREE: 1. Under the terms and conditions stated herein,the Landowner is hereby authorized by the City to use the unopened and unimproved portion of Bridgeview Terrace, previously described, as a private driveway for the limited purpose of providing access to the real • property described on the attached Exhibit A. 2. Nothing contained herein shall be deemed an opening or an improvement by the City of the unopened and now unimproved portion of Bridgeview Terrace. • 1,D3 • 3. Nothing contained herein shall be deemed an assumption by the City of any responsibility for construction, maintenance or repair of the unimproved and unopened portion of Bridgeview Terrace to be used by the Landowner as a private driveway. 4. Nothing herein contained shall be deemed a waiver or abandonment or transfer of the right, title and interest that the City of Eagan holds to Bridgeview Terrace by reason of the dedication of said Bridgeview Terrace, including the unimproved and unopened portion thereof. S. The private driveway to be used by Landowner is subordinate to the dedication of Bridgeview Terrace to the City. 6. The Landowner shall be responsible for all costs relating to construction, maintenance and repair, including grading and snow removal, with respect to use of the private driveway. 7. At his expense, the Landowner shall record with the Dakota County Recorder a certified copy of this Agreement,within 30 days of City Council approval of this Agreement. 8. No structures shall be placed on the private driveway. 9. The approval given herein by the City is contingent upon all the conditions expressed herein being met and continuing to be met. 10. The private driveway shall not be used in a manner inconsistent with the City's • right, title and interest in the dedicated portion of Bridgeview Terrace, including the unimproved and unopened portion thereof. 11. The Landowner does hereby agree that when the unopened or unimproved portion of Bridgeview Terrace is opened to the public or otherwise improved by the City, then the private driveway as contained within the unimproved and unopened portion of Bridgeview Terrace will be removed by the Landowner at no expense to the City, but at the expense of the Landowner. 12. The Landowner agrees that if the unopened and unimproved portion of Bridgeview Terrace is improved and opened to public vehicular traffic, and if special assessments are levied against the property described on the attached Exhibit A, pursuant to Chapter 429 of the Minnesota Statutes, then the Landowner shall not object to the levy of special assessments on the ground that the property described on Exhibit A had existing access from Bridgeview Terrace. The Landowner, for himself, his heirs and assigns, does hereby waive any objection to said special assessments based on the grounds so specified in this paragraph. • 13. This agreement shall be binding upon the undersigned parties and their successors, heirs and assigns. This agreement shall run with the property described on the * attached Exhibit A, and be binding upon the owner thereof and his heirs and assigns. 14. The Landowner,for and on behalf of his heirs, assigns and successors in interest, does hereby agree to defend, indemnify and hold the City harmless from all costs and expenses,claims and liability relating to or arising out of the construction,maintenance, use, operation,interruption,discontinuance,abandonment or termination of the private driveway. 104s 15. The Landowner for and on behalf of his heirs, assigns and successors in interest, shall be responsible for maintenance and repair and reconstruction of the private driveway at all times, and under all conditions the private driveway shall be accessible and available to emergency vehicles, such as fire trucks and police and ambulance vehicles. 16. The Landowner shall construct the driveway to be 12 feet wide from edge of gravel to edge of gravel and it must contain 6 inches of Class 5 gravel. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first set forth above. CITY OF EAGAN By: Thomas A. Egan Its Mayor By: E.J. VanOverbeke Its Clerk LANDOWNER By: Its President Osman Property Inc. A Minnesota Corporation • APPROVED AS TO FORM: • • City Attorney's Office Dated: APPROVED AS TO CONTENT: • Public Works Department Dated: { c STATE OF MINNESOTA) • :ss. COUNTY OF DAKOTA) On this day of , 19_,before me a Notary Public within and for said County, personally appeared THOMAS A EGAN AND E.J. VANOVERBEKE to me personally known,who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan,the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA) :ss. COUNTY OF DAKOTA) On this day of , 19_, before me a Notary Public within and for said County,personally appeared . and to me personally known,who being each by me duly sworn,each did say that they are respectively the and of the Corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of the corporation. • • Notary Public • D(4) • EXHIBIT A • PT OF SE1/4 OF NW1/4 LY E • OF STH#13 PT OF G L2 LY S & E OF LINE BEG INT E R/W STH #13 & S LINE N25ACS E428 FT N TO PT163FT S OF N LINE E • . 134FT N TO S R/W ISH-494 E ON S R/W494 TO E LINE G L2 &THERE TERM ALSO PT OF G L4 LY E OF STH #13 ALSO PT OF G L5 BEG8ORD W OF SE COR N 75 5/16RD SW9ORD E52 6/16RD TO BEG ALSO S320FT OF W990 FT OF G L5 EX PAR209B OF STH RW PLAT 19-32 CONT • 1 . • . • . - - t let 0 4' 1 f w' D ,y, .. ` s : N u , r► a A S . • • n o A t r 4 LT 4 N b L RAc -- - - - • • 'ice ,• so N opt n --- 1 N LI t ?do— Q N t 0 < 1 ... o N 1 '° .... r NNN„. c. a:N1N . ....rft .m.4„,1 7 N. . . , . t „ t • . NN.\ .< - - •#1 , Ew .. i• .ass I v . \. 0% Agenda Information Memo September 1, 1992 City Council Meeting MODIFICATION/PRELIMINARY PLAT SS. MARTHA AND MARY EPISCOPAL CHURCH D. Modification of Preliminary Plat, Episcopal Church Addition/Ss. Martha & Mary Episcopal Church, to Exclude Lot 1,Block 1, Kirschner Plaza,from Final Plat--A request from the reverend George H. Martin of Ss. Martha and Mary Episcopal Church has been received. Reverend Martin requests that the City Council give approval to the removal of the location of the temporary church office located at 1021 Diffley from the preliminary plat as it was accepted by the City for the development of the first church building. Reverend Martin had believed that the location had been excluded from the preliminary plat but this was not done. The Reverend Martin does not believe that this location will be used when the church itself is constructed. Enclosed on pages /f Dthrough /13 are a copy of the letter from Reverend Martin,map of the location,and two maps showing the proposed final plat and the original preliminary plat as approved. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request from Ss. Martha and Mary Episcopal Church to eliminate the location of the temporary church office located at 1021 Diffley from the preliminary plat, Episcopal Church Addition, as it was approved by the City of Eagan. Ala Ss. Martha & Mary Episcopal Church „ Eagan,Diffley 55123 RECEIVED AUG 1 L. 1992 dtint.11111M$S4 MEE (612) 681-0219 • 8808t7 MIN Aug. 17, 1992 Dale Runkle City of Eagan 3830 Pilot Knob Rd. Eagan,MN 55123 Dear Dale, The purpose of this letter is to advise you about our request to have the City Council of Eagan give approval to the removal of the present office of our church,located at 1021 Diffley,from the preliminary plat as it was accepted by the city for the development of our first church building. I believe that we thought the house we are using for an office was excluded from the parcel,but I gather that this did not happen.We are providing the council two copies of the plat which show it with and without the 1021 Diffley site included. Earlier it had been our intention to proceed with the purchase of the house at 1025 Diffley, but that has not happened.Without that other house in the church's control it is premature to talk about using the 1021 site as a place of access onto the rest of the property.There are,of course,good reasons to consider keeping an access,at least in terms of right turn in and out,from that side of the property, but it is too early for us to seriously develop this possibility. We will, naturally,be working the county as well, if and when we should decide to proceed in this direction. As the council considers removing the 1021 Diffley site from the preliminary plat they should be advised that we have not made any plans about the use of this property.We will work with city staff,the planning commission, and the council when some options about its use seem feasible.For the time being,we will continue to use the house as a temporary office. Once construction begins on the church itself,we plan to consider the options available for the best use of this property. We do not see it connected to the church site as we are planning sufficient space for our needs within the first church building. • If you have any questions about this request please give me a call.If I can be present I will be pleased to attend the council discussion of this matter or I will send a representative from our church. Thank you for helping us with this matter. Sincerel , The Rev. George H. Martin cc: Roger Anderson • . , . . i.„_. 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' ♦ 1 . 1I11; } ♦ Ij IG re .;‘ �∎� ! .L \ •R If aL . , I = I . , a I 11✓ ' - I . 1 f i ! lid:i s i i• t 1, %♦��, 'I 1 2 . 1 i 1 ! S. S ` itl!1 'e . c1 it %k •a 1 `,�-� _ 11. 11 1 wt • 1 r, • •w �� 'iK04:0; • ' 1 Z I 1 M' _ 1•iit . -''.• i • 1 '•' .' VENUE)- "\ , * - 1 E I N TpN' l •- -v%'--.?1 r -y�.'I ` S. ,r`..`•...""9-"' ;2011,0•. \!'»RpA0 4•,,e .....- ...10, 1 AO Agenda Information Memo September 1, 1992 City Council Meeting CONDITIONAL USE PERMIT/SUPERAMERICA/PYLON SIGN E. Conditional Use Permit, SuperAmerica, to Allow a Pylon Sign on Lot 1, Block 1, Oak Cliff 6th Addition, Located Along the South Side of Cliff Road West of Slater Road in the NW 1/4 of Sec 31—At its meeting of August 25, 1992, the Advisory Planning Commission considered the above referenced application for a conditional use permit to allow a pylon sign located on Lot 1, Block 1, Oak Cliff 6th Addition. For additional information with respect to this itemo pjease refer t the Community Development staff report which is enclosed on pages / /(i through for your review. Also enclosed on a e /�is a copy the Advisory Planning Commission minutes relative to this item. The AP unanimously is recommending approval of this item. y ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for SuperAmerica to allow a pylon sign to be located at the intersection of Cliff and Slater Roads. • SUBJECT: CONDITIONAL USE PERMIT APPLICANT: SUPERAMERICA • LOCATION: LOT 1, BLOCK 1, OAK CLIFF 6TH ADDITION EXISTING ZONING: PD-NB DATE OF PUBLIC HEARING: AUGUST 25, 1992 • DATE OF REPORT: AUGUST 17, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow a pylon sign located on Lot 1, Block 1, Oak Cliff 6th addition in the NW 1/4 of Section 31. • COMMENTS: SuperAmerica is proposing a pylon sign to be located in the NE corner of the site which is at the intersection of Cliff Road (County Road 32) and Slater Road. The proposed sign is 27'in height and 123 sq.ft. per side. The internally-lighted sign will display the SuperAmerica logo and name. The gasoline prices are electronically changed and digitally displayed. The sign will meet the 10'setback requirement from both property lines and exceeds the minimum 300' distance from the nearest pylon sign. If approved, this Conditional Use Permit shall be subject to the following conditions: 1. The pylon sign shall meet the ordinance requirements and shall be subject to a one-time sign fee of $2.50 per sq. ft. 2. All other City Codes and requirements shall be met. FINANCIAL OBLIGATION - 31-CU-21-7-92, Lot 1, Block 1, Oak Cliff 6th 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 None ( ( c . SuperAmerica C.U.P. • • • o O i' W An i t ikiitiqtri ' • 411.4.... /1■64. 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SUPERAIIERICA • O lit . 1 • ■•11■0•0.10■IIt1111 STATION/STORE --- 6!'.42' R CC MSONRT BLDC. - II •mum 6IREKIONS) , , I STORAGE I II . too ■.11—D•O.10• 11. • I . ik.1.1.----M - I ' Ior Sri N. © CAR SASH ' WAW in . 1 % © i ` -<o.9a.. `-_ - 187.17' - - II � 1 SERVICE DRIVE 1 ■ 1L1 1 1 1- i 1 I I I . . - . • . • • . % • • • . . • . ... . . • • • • . . . . - . . . • .• •. . . . •• ... •`.•'.... -.• . . . IIIIMS • ego ... . . • . . • • 3.r.... ..... .... ,140 L JO" •: • l• . . •..! i. • •• . . •• . • a ... • 4 ; 1■ • 3'-9" • 7.-1"- .• • , • • 1•■••■•■■••■■■■■■••■•••■••••■•.■•■•■••■....MNINIMIN ..t . .■, A-- ' I 7--———---——-—_....... • • . . • • • . . - pr..,,e,•••;,,,,,r-4.*5:;-• • . • ,-;.t.r.i. triiiiikiv....i. .1-:, . • . :. .• .• . . ::-Art,m•:-.:-A•-!. •g.11:, ••••4.- • , .., ..1... . • . I[ - LeVAA f,446 - - ... •... • .. • - •asszaminssii.. -, .... z • • 11112118262..1 .• ''44'1.Z•Y•Si • ' .- I • 4 •,OlEommits • .••••••:1S.,, • • ' I . .I ....„. i. • • . . I . k0 • • ':';‘,A:V.i:VA■•*-01. : --: :‘".•!•••WFV2•• 'I''.,f.:4•••.N,:.:•:-.':•,!.?/ "• -".f•7•')• • . : . . . . .•• • , •. .. , . .SUPERAMER' •ICA. • . . , . . ... ..., .: .. . • • • • .• _ _ ... I 77'4::,r.-Ii:,. ':‘,•• --','-1 . 1 i .i .,. • .•.1-..1-- :-...,,,,,f ...,,- ? •rii; .,.., • !•'.--t-:. ',:.; , ,cf.. 41,-- -IrRZ>44ZTZ, .. .• f. .• .., .1..- ligilliSad'• '''''' '.•'-' ' 21 ''' • eLeargCNI& bF&I, liate thlr'1- •,,,,. 4,, .., --. ,.. ... 0, . .,-.,,. le • ‘...•••'-g ,,,-.-•-•1tP:Y ( . • .-,•-•:•i •:•.,..4.,,,:.... ..• ..r ,_ '4....:':Iii'f't . • . • • ■•-•-. A,... ••3:::.•44,:-. :-::::4t..".,..4.-• ••:-,..- .!- -.,.,:•.i•••11.--,••••••.....4.10.-.:- ..:..-..,-.,-4.-.-,-:• .;:'T. • . . • . .,, . ..:t•\...,- . ----- ----_- fi. .I. • • • • . .. ;4-,14- 7-:.',!.!. • :' ,.,: a i......Ift : ... . -- -II -''' PIT= ' :.!:.; ..1.,,.. U ..-, . ..1 62 Un1190C1 • '"4 L■74;N J, ,..-7-.,,-4, • . ; . .••••,,.......,,,„,,„-...„ . .•.-...-,---•:-....:•, • I . • l-VA4 fAct,C i . . . . . .. . .,. • . . ,.. • • . • • • • , • tn5 • .: . • I_ . . :• • . • . • . • ......... .. —z.daliz-z-LEvApatNI • • . . . . .. .. . ; 1 • . . • • •.. . . . . • . . . . . . - 1 . . . .. • • • . . .. . . i . • . • - . • •. ... . , • . . . . . . . . • - - • • • - . . . ... • . w.e...a 0. • .., F.c •" ' - Lawre zZg ; Lance 945 PIERCE Bunn RovrE :- ST.PAUL MINNENCITA SS104 ASi.gn . 612.468.6711 or • . • 6 , SICUICT. U . ■261Arq.A•11T/1441%.. SIMOIlli I . •11`.1•110. ,. • • •• • EAGAN ADVISORY PLANNING .COMMISSION MINUTES AUGUST 25, 1992 CONDITIONAL U5S PERMIT SUPIRANIRICA Chairman voracek opened the first public hearing of the evening regarding a Conditional Use Permit to allow a pylon sign on •Lot 1, Block 1, Oak Cliff 6th Addition located along the south side of Cliff Road west of Slater Road in the NW 1/4 of Section 31. City Planner Sturm stated that this application as proposed meets all setback requirements. City staff had no concerns regarding this application. Bill Ferris, a representative of the applicant, stated that he was available to answer any questions. Graves moved, Gorman seconded, the motion to approve a Conditional Use Permit to allow a pylon sign on Lot 1, Block 1, Oak Cliff 6th Addition located along the south side of Cliff Road vest of Slater Road in the NW 1/4 of Section 31, subject to the following conditions: 1. The pylon sign shall meet the ordinance requirements and shall be subject to a one-time sign fee of $2.50 per sq. ft. 2. All other City Codes and requirements shall be met. All present voted in favor. V9\ Agenda Information Memo September 1, 1992 City Council Meeting CONDITIONAL USE PERMIT/RYAN CONSTRUCTION CO OUTDOOR STORAGE F. Conditional Use Permit,Ryan Construction Company,to Allow Outdoor Storage on Lot 15,Eagandale Center Industrial Park#2,Located Along the East Side of Lexington Avenue North of Lone Oak Road in the SW 1/4 of Sec 2—At its meeting of August 25, 1992, the Advisory Planning Commission considered an application which had been submitted requesting a conditional use permit to allow outside storage on property zoned light industrial located at 2950 Lexington Avenue South on part of Lot 15, Eagandale Center Industrial Park #2. The property is east of Lexington Avenue just north of the Eagan Post Office. For additional information with respect to this item,please refer to the Comm 'ty Development Department staff report which is enclosed on pages ,0 (through` 5 for your review. Also enclosed on page are the Advisory Planning Commission minutes relative to this item. The APC is un�ously recommending approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for Ryan Construction to allow outside storage on property located at 2950 Lexington Avenue South. /cO • SUBJECT: CONDITIONAL USE PERMIT APPLICANT: RYAN CONSTRUCTION • LOCATION: PART OF LOT 15 EAGANDALE CENTER INDUSTRIAL PARK #2 EXISTING ZONING: LIGHT INDUSTRIAL (LI) DATE OF PUBLIC HEARING: AUGUST 25, 1992 • DATE OF REPORT: AUGUST 17, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow outside storage on property zoned Light Industrial located at 2950 Lexington Avenue South on part of Lot 15, Eagandale Center Industrial Park #2, located in the SW quarter of Section 2. The property is east of Lexington Avenue,just north of the Eagan Post Office. EXISTING CONDITIONS: The 12.5 acre parcel has an existing 106,000 sq. ft. building (Florstar Sales) and 250 parking stalls. The site is surrounded by property zoned Light Industrial on the south, west, and east, and R-1 (Single Family) to the north. Eagan's Comprehensive Guide Plan designates the R-1 area to ultimately develop as Industrial. The grade rises approximately 4'from the parking area to the north property line and an existing 5' tall redwood fence screens the residential area from the parking area. The applicant should repair, or replace all damaged or missing redwood fence materials as part of this Conditional Use Permit. COMMENTS: According to the applicant, Ryan Construction is planning to purchase the site and relocate its millwork shop and construction field operations to the building: The construction field operations require an area of outside storage for stacked concrete forming materials,job site tool trailers, and field office trailers. The existing building will house four tenants including the applicant, although Ryan Construction will be the only tenant utilizing the outside storage area. The applicant is proposing a storage area of approximately 1.4 acres surrounded by an 8' chain link fence located at the extreme southeast corner of the site. Industrial fences above 6' in height require City Council approval of a Special Permit. The storage location is the furthest possible distance from the residential area and will allow future building expansion to the east without impacting the storage area. If approved, this Conditional Use Permit shall be subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval with documentation provided to the City. 2. The City Council shall approve any fence height in excess of 6' surrounding storage area. 3. All damaged or missing fence material shall be repaired or replaced on the redwood boundary fence along the north property line. 4. Storage area shall be kept clean and organized. FINANCIAL OBLIGATION - 2-CU-22-7-92, Part of Lot 15, Eagandale Center Ind. Pk. 2 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 - None IQ • ti'DJ . . I p,• ;• ••.. .'. I.rimry.. :.''' Or/1 \ ,_2_1,4, 2<-cp■,. . ..i. '71> 1 •4 ‘.... CCM t4 Me II RtATIliff in . I ! ' iii ,fx,NcrOk A., s*, PACK 1-,r.4 S ' -fr CM( .. . CI( 1 .1 Si fil ' 15 ' 14T1 ,firfi 4% LOCATION ...... -: 0 .. i --u- Lo„, !I, . 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IIIIIIIII� I III ► I ' iAIIIIIIIIIIIIIIIIIII (' =4• t. , _ ____�_ I . 1 J ` i '0"* 7IIw NQLZNX31 DI'MI V* ti 1111.0 f 1 1 t / -el . 11_ l ii j N Q, V- ., / ? , , Page 3/EAGAN ADVISORY PLANNING CMISSION MINUTES AUGUST 25, 1992 CONDITIONAL USA PARS= RYAN CONSTRUCTION COMPANY Chairman Voracek opened the next public hearing of the evening regarding a conditional Use Permit to allow outdoor storage on Lot 15, Bagandale Center Industrial Park #2 located along Lexington Avenue north of Lone Oak Road in the SW 1/4 of Se side 2. 1/4 of Section City Planner Sturm stated that the applicant is proposing 1.4 acres of outdoor storage with an 8-foot chain link fence surrounding this area He further stated that there is currently a 5-foot redwood fence that screens the parking area from the nearby residential area. This fence needs to bo repaired and the applicant agrees to this condition. Mark Krueger, attorney for the applicant, stated.thet he was available to answer any questions. Member Merkley asked if Ryan Construction would be the only tenant using the outdoor storage area and if so would other tenants need a Conditional Use Permit to use this area. City Attorney Dougherty stated that a Conditional Use Permit is tied to the land, not a certain tenant. Miller moved, Hoeft seconded, the motion to approYe a Conditional Use Permit to allow outdoor storage on Lot 15, Eagandale Center Industrial Park #2 located along the east side of Lexington north of Lone Oak Road in the SW 1/4 of Section 2, subject tov the e following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval with documentation provided to the City. 2. The City Council shall approve any fence height in excess of 6' surrounding storage area. 3. All damaged or missing fence material shall be repaired or replaced on the redwood boundary fence along the north property line. 4. Storage area shall be kept clean and organized. All present voted in favor. Agenda Information Memo September 1, 1992 City Council Meeting COMP GUIDE AMENDMENT/REZONING/CAPONI G. Comprehensive Guide Plan Amendment,Anthony Caponi,Changing the Land Use From D-I (Single Family) to P (Parks) and a Rezoning of Approximately 58 Acres from Ag (Agricultural) to PK (Parks) Located Along the North and South Sides of Diffley Road in the SE Quarter of Section 22 and NE 1/4 of Sec 27—At its meeting of August 25, 1992, the Advisory Planning Commission considered separate applications which had been submitted by Anthony Caponi requesting a comprehensive guide plan amendment from D-I (single family) to P (parks) and a rezoning from Ag(agricultural) to PK (parks) for approximately 58 acres located on both sides of Diffley Road, west of Lexington Avenue. As the City Council is aware,the City has been working with the applicant on the creation of an outdoor art park. For additional information with respect to these items, please refer to the Community Development Department staff report which is enclosed on pages 412 through Bo for your review. Also enclosed on page (,2) are the Advisory Planning Commission minutes relative to this item. Enclosed on page / 32_is a copy of a memo from City Planner Sturm regarding this item. The APC is unanimously recommending approval of both applications. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1) a comprehensive guide plan amendment from D-I (single family) to P (parks), and 2) a rezoning from Ag (agricultural) to PK (parks) for approximately 58 acres located on both sides of Diffley Road, west of Lexington Avenue as requested by Anthony Caponi. l( 431 • SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT REZONING APPLICANT: ANTHONY CAPON! LOCATION: PARCELS 010-80 & 010-84 (SE 1/4 OF SECTION 22) & PARCEL 011-02 (NE 1/4 OF SECTION 27) EXISTING ZONING: AGRICULTURAL DATE OF PUBLIC HEARING: AUGUST 25, 1992 DATE OF REPORT: AUGUST 19, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment from D-1 (Single Family) to P (Parks), and a Rezoning from AG (Agricultural) to PK(Parks) for approximately 58 acres located on both sides of Diffley Road, west of Lexington Avenue. Over the past several years, the City has been working with the applicant on the creation of an outdoor art park. In November 1990, . the City Council approved a resolution that the City and Mr. Caponi would enter into a formal working partnership and that the City would take the leadership role in establishing a non-profit foundation to oversee the acquisition, development, and administration of the park. 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C i ' V2 i f �I Y 1:liar Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 25, 1992 COMPREHENSIVE GUIDE PLAW /RESOMIHG ANTE= CAPONI Chairman Voracek opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment changing the land use from D-I (Single Family) to P (Parks) and a Rezoning of approximately • 38 acres from AG (Agricultural) to PK (Parks) located along the north end south sides of Diffley Road in the SE 1/4 of Section 22 and the NE 1/4 of Section 27. City Planner Sturm related the background of this application. Re stated that the City was in the process of creating a non-profit foundation to oversee the acquisition, development, and • administration of the park. Anthony Caponi, the applicant, stated that he was available to answer any questions. Don Netting, a resident of Carlson Lake Lane, stated that he ' supports the rezoning and he commends the City and Mr. Caponi for working together on this project. However, he did have concerns regarding access to the park and whether the parking lot would be located near any residential homes. City Planner Sturm mentioned that before any development decisions would occur neighborhood meetings, City Council meetings, etc. would take place. He stated that the process for approving this development was not yet in place as the non-profit foundation was not yet finalized. Mr. Capons reassured his neighbors that the only accesses to the park would be from Diffley Road. He stated that he only wants to beautify the area, not intrude on the residential area. Member Graves stated that he had a concern that this item would not come before the Advisory Planning Commission when development does occur. He felt that the Advisory Planning Commission should have a role in the development process. Merkley moved, Hoeft seconded, the motion to approve a Comprehensive Guide Plan Amendment changing the' land use from D-I (single Family) to P (Parks) located along the north and south sides of Diffley Road in the SE 1/4 of Section 22 and the NE 1/4 of Section 27. All present voted in favor. • Markley moved, Hoeft seconded, the motion to approve a Rezoning of approximately 38 acres from AG (Agricultural) to PK (Parks) • located along the north and south sides of Diffley Road in the SE 1/4 of Section 22 and the NE 1/4 of section 27. All present voted in favor. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE C. RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: JIM STURM, CITY PLANNER DATE: AUGUST 26, 1992 RE: CAPONI REZONING At the August 25 Advisory Planning Commission meeting, the Comprehensive Guide Plan Amendment and Rezoning changing land use to allow an art park on the Caponi property was approved unanimously. There were several residents in attendance, all favoring the rezoning, however they were concerned with how the site would be developed in the future, i.e.roadways, parking areas, pedestrian links, etc. The legal notice for the 58 acres included 76 properties. It was noted that no development would occur as a result of the zoning change and there would be other meetings to discuss development plans with residents at a later date once the non-profit foundation is established. If you would like additional information, please contact me. City Planner JS/js Agenda Information Memo September 1, 1992 City Council Meeting PRELIMINARY PLAT/DEERHAWK ADDITION H. Preliminary Plat, Deerhawk Addition/Dakota County State Bank, Consisting of Five Lots on Approximately 2.4 Previously Zoned R-1 (Single Family) Acres Located Along the South Side of Deerwood Drive in the SE 1/4 of Sec 20—At its meeting of August 25, 1992, the Advisory Planning Commission considered an application requesting a preliminary plat consisting of five single family lots on approximately 2.42 acres of single family zoned land. The site is located at the southeast intersection of Blackhawk Road and Deerwood Drive. For additional information with respect to this item, please refe to the Comm �Yy Development Department staff report which is enclosed on pages /„j�through /�y�for your review. Also enclosed on pages/46 through alL are the Advisory Planning Commission minutes relative to this item. Please note in the minutes that the applicant does not agree with the financial obligations that are stated in the staff report. Also note that condition #6 was altered at the Advisory Planning Commission meeting. The APC is unanimously recommending approval of this application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Dakota County State Bank for Deerhawk Addition consisting of five single family lots at the southeast intersection of Blackhawk Road and Deerwood Drive. SUBJECT: PRELIMINARY PLAT (DEERHAWK ADDITION) APPLICANT: DAKOTA COUNTY STATE BANK LOCATION: P.I.D. #10-02000-011-75 (SE QUARTER SECTION 20) EXISTING ZONING: SINGLE FAMILY (R-1) DATE OF PUBLIC HEARING: AUGUST 25, 1992 DATE OF REPORT: AUGUST 12, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat consisting of five single family lots on approximately 2.42 acres of R-1 (Single Family) zoned land. The City's Comprehensive Guide Plan designates this area D-II(0-6 units/acre) which is consistent with both the present zoning and proposed use. The site is located at the southeast intersection of Blackhawk Road and Deerwood Drive. EXISTING CONDITIONS: The site contains a significant amount of mature vegetation, including many oaks. The topography ranges from gentle to severe slope and there is a wetland located in the northwest corner of the site. City trails are located along both Deerwood Drive and Blackhawk Road adjacent to this parcel. COMMENTS: According to the applicant,the bank has held the property for two years and is subdividing the 2.42 acre parcel into lots for individual ownership. At this time, custom home sites are proposed and no mass grading is proposed. The lots range in size from 12,000 sq. ft. to 26,265 sq. ft. and have a lot width of 85' or more. As proposed, all lots meet code requirements. Lots 1 and 2 will take access from Blackhawk Road,while Lots 3 through 5 will gain access from Deerwood Drive. Due to the size of right-of-way for Blackhawk Road and Deerwood Drive, a 40' front building setback would normally be required. The applicant is proposing a front building setback of 30' which is consistent with existing building setbacks north of this plat along Deerwood Drive and existing homes fronting Blackhawk Road west of the site. The 30'setback is proposed to maximize tree preservation and limit excessive grading. City Code section 11.20, subd. B.1. allows new single family homes to maintain prevailing front building setbacks of existing homes in an established area. PARKS & RECREATION: Parks & Recreation staff will be recommending a cash parks dedication and a cash trails dedication to the Advisory, Parks, Recreation, and Natural Resources Commission at its September 3, 1992 meeting. � 3 GRADING/DRAINAGE/EROSION CONTROL: A minimal amount of grading will be necessary to prepare Lots 1 &5 for house construction. The preliminary grading plan shows grading on Lots 2, 3 & 4 to prepare those lots for house construction. The existing wetland on Lots 2 & 3 would be relocated to the west and the wetland would be redefined onto the north half of Lot 2. The maximum cuts on this site are proposed to be 10 feet, and the maximum fill is 4 feet. The drainage off of the frontyards of the lots will be directed to the adjoining streets. The drainage off of the backyards of the lots will be directed to the proposed wetland on Lot 2. The preliminary grading and drainage plan shows proposed storm sewer be constructed to drain the wetland to the existing storm sewer on Deerwood Drive. The houses abutting the wetland shall have a lowest entry level of elevation 889.0 to provide two feet of freeboard above the 100-year HWL that the wetland could flood to. The developer has sent a letter to the City asking if the City had any interest in purchasing property on this development for storm water ponding. The City is analyzing the existing storm sewer systems and ponds in this area to see if the location and economics are feasible for adding another pond to the City's stormwater management system. The developer will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. The site contains many mature trees. According to the preliminary grading, drainage and . development plan, about half of the wooded area will remain in the undisturbed state even after the houses are added. WATER OUALITY: This development will be subject to a cash dedication requirement to meet water quality standards. The amount of the dedication is estimated at approximately $1,900. In addition, the developer will need to delineate and meet State Wetland Conservation Act requirements for all wetlands on the development site. The delineations and impact analysis must be submitted for review to staff no later than Monday, August 23, 1992. Recommendations on both water quality mitigation and wetland protection are subject to approval by the Parks, Recreation, and Natural Resources Committee. UTILITIES: Adequate sanitary sewer of sufficient depth and capacity is readily available to the lots from an existing 9"sanitary sewer along the east side of Blackhawk Road or from an existing 9" sanitary sewer along the north side of Deerwood Drive. Adequate water main service of sufficient pressure and capacity has been provided from an existing 16" water main along the west side of Blackhawk Road and an existing 18" water main along the north side of Deerwood Drive. The preliminary utility plan shows connecting to the existing mainlines in Blackhawk Road and Deerwood Drive and stubbing services across the roads to the proposed lots. Individual sewer and water services will be provided to each lot for sewer and water service. The developer will be responsible for repairing the streets at each of the service crossings. /5C • STREETS/ACCESS/CIRCULATION: Street access to this development is available from Deerwood Drive on the north side and Blackhawk Road along the west side of the site. The development proposes to add three driveways out to Deerwood Drive and two driveways out to Blackhawk Road. No driveways will be allowed onto Taconite Trail until the existing driveway on Taconite Trail is improved to a City standard street with concrete curb and gutter and bituminous surfacing. The preliminary development plan does not show any driveway from the new lots to be added onto Taconite Trail. In the surrounding developments of Cedar Grove 7 and Cedar Grove 8, the houses abutting Deerwood Drive and Blackhawk Road have driveways that connect to the City streets. RIGHT-OF-WAY/EASEMENTS/PERMITS. As shown on the preliminary plat, 50 feet of half right-of-way shall be provided along the lots that abut Blackhawk Road and Deerwood Drive. The developer will be responsible for obtaining all the necessary permits from the affected agencies such as MPCA, MWCC, Dept. of Health, MN DNR, etc., prior to final plat approval. FINANCIAL OBLIGATION - Deerhawk Addition Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Storm Sewer Trunk S.F. • .069 S.F. 79,225 S.F. S 5,467 Lateral Benefit S.F. 15.30 ff 502 ff 7,681 Water Lateral Benefit S.F. 17.25 ff 502 ff 8,660 Sanitary Sewer Lateral Benefit S.F. 1955 ff 105 ff 2.053 • Storm Sewer Total Vaal There is a balance of$4,166 of assessments payable on the parcel. The succeeding parcels will be allocated their pro-rata share of this balance payable. • CONDITIONS OF PLAT APPROVAL FOR DEER IAWK ADDITION 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, Bi, B4, Cl, C2, El, Fl, 01, and H1 2. Tree preservation shall be accomplished with a physical barrier prior to any site grading. 3. 30' front building setbacks shall be allowed for all lots. 4. The lowest entry level of the houses on this site shall have a minimum elevation of 889.0 to provide two feet of freeboard above the 100-year HWL of the wetland. S. Individual sanitary sewer and water services will be provided to each lot and the developer will be responsible for repairing the existing streets at each crossing. 6. No driveways will be allowed onto Taconite Trail until the existing driveway on Taconite Trail is improved to a City standards street with concrete curb and gutter and bituminous surfacing. • • 3� 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. 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. /3 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. pater Quality Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City's Water -Quality Management Plan. • N. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 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DAKOTA COUNTY STATE BANK Chairman Voracek opened the next public hearing of the evening regarding a Preliminary Plat consisting of five lots on approximately 2.4 previously-zoned R-1 (Single Family) acres located along the south side of Deerwood Drive in the SE 1/4 of Section 20. City Planner Sturm stated that Dakota County State Bank has owned this property for approximately two years and are platting now to enable them to sell this land as individual lots. He stated that the 30-foot setbacks are consistent with the adjacent properties. Gary Fuchs, attorney for the applicant, stated that the applicant does not agree with the financial obligations that are stated in the staff report. City Planner Sturm requested that condition #6 be amended to state that no driveways will be allowed onto Taconite Trail. Richard Walike, a resident of Deerwood Drive, stated that he received a notice in the mail regarding this item. He stated that he was concerned that this notice stated that this piece of land was "previously-zoned" single-family and questioned whether that meant the land was not zoned single-family anymore. He felt the notice could have been worded better to avoid the confusion. chairman voracek replied that the land is still zoned single-family. Miller moved, Griggs seconded, the motion to approve a Preliminary Plat consisting of five lots on approximately 2.4 previously-zoned R-1 (single Family) acres located along the south side of Deerwood Drive in the SE 1/4 of section 20, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, 84, Cl, C2, El, Fl, G1 and H1 2. Tree preservation shall be accomplished with a physical barrier prior to any site grading. 3. 30' front building setbacks shall be allowed for all lots. 4. The lowest entry level of the houses on this site shall have a minimum elevation of 889.0 to provide two feet of freeboard above the 100-year HWL of the wetland. Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 25, 1992 5. Individual sanitary sewer and water services will be provided to each lot and the developer will be responsible for repairing the existing streets at each crossing. 6. No driveways will be alloyed onto Taconite Trail. • All present voted in favor. • • mce Agenda Information Memo September 1, 1992 City Council Meeting ' _s_Oki P E ' k$ __tti__ 1 �M t Vat Y M SE I'ER HOLDINGS, INC. I. Planned Development Amendment,Semper Holdings,Inc.,to Allow a Drive-Thru Facility on Lot 3,Block 1,Hadler Park Addition, Located Along the South Side of Cliff Road,West of Rahn Cliff Road in the NE 1/4 of Sec 31—At its meeting of August 25, 1992,the Advisory Planning Commission considered an application which had been submitted by Semper Holdings, Inc., for an amendment to the Hadler Park Planned Development to allow a drive-thru window for the Walgreen's store under construction at the southwest corner of Cliff Road and Rahn Cliff Road. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages Wie through(.52--for your review. Also enclosed on pagey53 through/ are the Advisory Planning Commission minutes relative to this item. The APC is recommending denial of this application for health and safety concerns and traffic movement and congestion concerns. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an amendment to the Hadler Park Planned Development to allow a drive-thru window for the Walgreen store . under construction at that southwest corner of Cliff Road and Rahn Cliff Road. 4.q SUBJECT: PLANNED DEVELOPMENT AMENDMENT APPLICANT: SEMPER HOLDINGS INC. LOCATION: LOT 3, BLOCK 1, HADLER PARK EXISTING ZONING: COMMERCIAL PLANNED DEVELOPMENT (CPD) DATE OF PUBLIC HEARING: AUGUST 25, 1992 DATE OF REPORT: AUGUST 17, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting an amendment to the Hadler Park Planned Development to allow a drive-thru window for the Walgreens Store under construction on Lot 3, Block 1, Hadler Park, located at the SW corner of Cliff Road and Rahncliff Road. COMMENTS: The property in question was rezoned Commercial Planned Development in September 1991 and specific uses were designated as part of the Planned Development that included two sit-down restaurants, office use for the existing courthouse facility, and a Walgreens store. At the time of Rezoning and subsequent Final Plat approval on March 17, 1992, the applicant was not planning a drive-thru window for any building on site. Since this time, Walgreens has had a chance to test market prescription drive-thru pick-up windows. According to the applicant,the concept has proven convenient not only to parents of sick children, but also elderly and handicapped customers. All drive-thru prescriptions must be ordered in advance and only medicines are sold this way. Internal traffic circulation for the entire Hadler Park project was .analyzed by the City's traffic consultant without a drive-thru window taken into consideration, and therefore planning staff is concerned with potential conflicts the additional traffic movements this use will generate and the proximity to the primary entrance to the site from Rahncliff Road. The applicant believes the revised curb cut layout and adequate signage will eliminate any possible traffic movement conflict. If approved, this Planned Development Amendment shall be subject to the following conditions: 1. Signage pertaining to the Walgreens drive-thru shall be reviewed and approved by City staff. 2. Only prescription medicines ordered in advance shall be sold at the drive-thru window. I 4. . SEMPER , HOLDINGS,INC. Duly 27, 1992. Mr. Mike Ridley City of Eagan 3830 Pilot Knob Road • Eagan, MN 5$131 Dear Mike: This is a follow up to our application for PD Amendment relating to the proposed drive-through for the Walgreens Drug Store. The drive-through concept was used for the first time at the Waigreen Drug Store in Apple Valley. That stor. opened last year. It was initially contemplated that the drive-through would be utilized in large part by parents with sick children. What Waigreens has discovered in Apple Valley, however, is that most of the drive-through traffic has been from the elderly and handicapped. One new handicapped customer, in fact, now drives 8 miles to Apple Valley so that he does not need to get out of his car to obtain his medication. The drive-through is truly a service to certain customers, as it generates only about 10-15 prescriptions a day. All drive-through prescriptions must be ordered ahead and only medicines are sold this way. Therefore queuing up and traffic congestion from the drive-through is unlikely. We hope we can work with you to make this service available at the . new Eagan store. Very truly urs, . frks....,„. / ..ati--/----es.N...„ •G. Craig Christensen 81 SOUTH STTH SPREE]" • SUITE 410 • MINNEAPOLIS,MINNESOTA 55,102 • (612)3324500 • FAX(612)332.2428 ) L-(/ • ■ ■■ __ __ __ _ -- - E1111111111111L 4 - - - OHHHHHIO ...., i : . - 5 . _ = . =---- OH 1111 _ _ _-_-_:- -I - CIIIII, IIIIr = e 1 L r .._ c_._ . .j . . . if — _ 1 0111IIIIIID Lo �` IIIIIIIIH (� iIIIIIIIIIID 1 1 L ' -7 i if - i_. ' _ ; • ' . 1—..— i — P = L, IIIIIIIIIIIII IP ■ ........... L Z 11111111111 D i 4 • - . E 111111IF 1111111111 , 0 . -I- .. 1 R41-INCLIFF QD - i • i D M ili I u;h 1€ fing.t. . . I j 1 t i L • 1 No:.0 ILAN.*I&N r • ww PROPOSED LAYOUT IC ( CLIFF ROAD I I 96' _ . 0 . . _ . _ ii2,5q4 e,F, •. MIN - . (111) .. • Cr APPROVED LAYOUT Page 11/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 25, 1992 • PLANNED DEVELOPMENT AMENDMENT SIMPER MOLDING, INC. Chairman Voracek opened the next public hearing of the evening regarding a Planned Development Amendment to allow a drive-thru facility on Lot 3, Block 1, Radler Park addition, located along the south side of Cliff Road vest of Rahn Cliff Road in the NE 1/4 of Section 31. City Planner Sturm stated that approximately one year ago the Radler Park Planned Development was approved and no drive-thru was requested at that time. City staff had concerns regarding the traffic movement and congestion. Craig Christenson, a representative of the applicant, stated that Walgreens has a store in Apple Valley that has a .drive-thru facility. The Apple Valley store averages 100 to 150 prescriptions a day with 30% of these orders utilizing the drive-thru. He mentioned that the drive-thru can only be used to pick up prescriptions that were ordered in advance. Mr. Christenson felt that by curving the drive-thru lane and by utilizing signage, there would be no traffic problems. Member Griggs asked if the service area would be moved to another part of the building. City Planner Sturm replied that the drive-thru lane would continue to be the service and trash area. Chairman Voracek stated that when this planned development was before the Advisory Planning Commission last year, he specifically recalled asking if it was Walgreens intent to have a drive-thru. Walgreens stated that they had no intent to have a drive-thru. Chairman Voracek felt that it was not appropriate now to try and make a drive-thru fit into this area. He had concerns regarding safety. Member Merkley commented that he could see a need for this type of service, however, this building was not originally designed to accommodate this proposal. He felt that this application was not appropriate at this time. Griggs moved, Hoeft seconded the motion to deny a Planned Development Amendment to allow a drive-thru facility on Lot 3, Block 1, Hadler Park addition, located along the south side of Cliff Road west of Rahn Cliff Road in the NE 1/4 of Section 31, subject to the following conditions: 1. Signage pertaining to the Walgreens drive-thru shall be reviewed and approved by City staff. Page 12/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 25, 1992 2. Only prescription medicines ordered in advance shall be sold at the drive-thru window. All present voted in favor. Denied for the following reasons: 1. Health and safety concerns, 2. Traffic movement and congestion concerns. is Agenda Information Memo September 1, 1992 City Council Meeting TRUTH-IN-TAXATION/CERTIFICATION OF PROPOSED PROPERTY TAX LEVY J. Consider Dates for Truth-in Taxation Public Hearings & Certification of a Proposed General Property Tax Levy for Collectable 1993—A special workshop session is scheduled for Tuesday, September 1, 1992, to consider a proposed budget and property tax levy for collectible 1993. The property tax levy would be appropriated to the general fund and several special funds as determined by the City Council. The City Council, after reviewing the proposed property tax levy and budget at its work session may determine that an additional workshop session is needed on Thursday, September 10, to further consider the property tax levy and proposed budget or determine that they are ready for certification. Another consideration is to set dates for public hearings to finalize a levy certification and adopt a spending appropriation for the general fund. According to state law, as referenced in the special workshop memo prepared by the City Administrator, there are limited dates on which the City Council can hold the public hearing. It is recommended that since December 1, the first regular City Council meeting for that month is an available date, that date be selected as a time for the public hearing to finalize the property tax levy and spending appropriation for both the general fund and public enterprise fund for 1993. ACTION TO BE CONSIDERED ON THIS ITEM: To approve 1) a certification of a proposed property tax levy for 1993 as determined by the City Council, 2) to adopt a proposed General Fund budget for 1993, and 3) to consider a date and a continuation date, if necessary, for a public hearing to consider the 1993 operating budget. I Agenda Information Memo September 1, 1992 City Council Meeting • . . REQUEST FOR RECONSIKRATION TOBY T. STEVENS A. Request for Reconsideration, Building Permit Prior to Planning Property, Toby T. Stevens, Government Lot 7, Section 18, Township 27, Range 23—In official action at the August 18, 1992 City Council meeting, the City Council denied a building permit prior to platting of property for Toby T. Stevens for Government Lot 7, Section 18, Township 27, Range 23. Mr. Stevens was not present at the August 18 meeting. The City has received a letter of request from Mr. Stevens requesting that he be put on the next City Council agenda for reconsideration of the building permit prior to platting of property item. A copy of that letter is enclosed on page (*S7. If the Council does approve reconsidering this item, enclosed on pages 4/'I through C(o 2. is the agenda information which was included with the August 18, 1992 Cityouncil packet, including a Community Development Department memorandum and correspondence from Mr. Stevens and his attorney relative to this matter. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request for reconsideration of building permit prior to platting property for Toby T. Stevens for Government Lot 7, Section 18. • AUG 21 '92 10:47 P.2 • 41)01 la; .s.nro/FR . .. . ._... ... . . •.. •••• _ . . . 11111 ce_rr.y. F . . . . r;•)A_Vog . - . ....... . . _ . Li? T1E . C r.Y_ Loa/4 41.0. . • . . Xr OLE__ T.r4 3 El_ _ 1,14E-ED _IT__ .H.F.147:34 . 7BY .._.... . _ RE.t.I.Aap . 711 -77747 - _._______ _3443 Pg.f.7.$_Ett)..rEP. . . . . ji _.C4)K.A A-D_.. cti h/lcr . • •• •••----• •• •• • •• ---••••••••••••• • • 4. • • • -• 57eVE0L • • •-• --• • ••• •-•-• •-•-• • •-••-• • • •• -• ---•••- • • - - ••- -••••• •-•--• •-••• • • -• • • • • --••••---•-------• • 12■97% C- 1 08-21-92 10:48AM P002 #11 MEMORANDUM TO: DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: SHANNON TYREE, PROJECT PLANNE • DATE: AUGUST 14, 1992 RE: STEVENS ADDITION On February 10, 1992 Mr. Stevens inquired about developing a single family lot in the Wuthering Heights neighborhood. City staff explained in detail the requirements necessary for platting the lot. In October 1991 Mr. Bill Jones, representing Mr. Robert Rohlf, inquired about obtaining a building permit for a premanufactured home. The home was scheduled for delivery prior to Mr. Jones becoming aware of the platting requirements. At the February 25, 1992 City Council meeting a building permit was approved for a premanufactured home prior to platting of Robert Rohlf's 1st Addition with the condition that the platting application and . all associated fees be paid in advance of the issuance of this building permit. Mr. Stevens has been aware of City platting requirements and the corresponding time line for over five months and has yet to submit his Preliminary Plat application to the City. Mr. Stevens is requesting special consideration by the City Council to issue a building permit prior to platting his parcel. Project Planner ST/js RECEIVED AUG ° 1992 der Toby T. Stevens 2095 Silver Bell Rd. #2 Eagan, MN 55122 August 4 , 1992 Honorable Mayor Tom Egan 3830 Pilot Knob Road - Eagan, MN 55122 Dear Honorable Mayor Egan: I am married with two small children. My wife' s name is Nancy and my children' s names are Mychal and Marissa. I have been a very happy resident of the city of Eagan for eight years. Very recently I purchased a parcel of land ( see attached description) in an R1 area on Wuthering Heights Road with the intention to build a single family home. I have re- tained a surveyor for the plat process and a builder for construction. Both of them are among the best in their fields and each have over 25 years_experience. I have made verbal commitment to both of these professionals , that the project will take place this fall, with ground breaking to begin around the middle of September. The surveyor has already completed the preliminary plat application to be submitted by the 15th of August and the builder has set up his schedule to tentatively begin construction as planned. I have worked very hard to reach a point where it has be- come economically possible for me to build .my family a home. Interest rates are good now, and that is a major factor for me to be able to build, as well as for others who are considering building or buying now. I am very fearful of what interest rates might be next spring and the effect higher rates might have on my ability to build. Please consider my situation, as you did for the owners of the land in the Rohlf ' s First Addition. This year you granted them a building permit before the plat was completed and I would like to be extended the same privilege so that I may build a home this fall . My lot is improved, ready to build, with all the hook-ups in place. I have confirmed this with the engineering dept. and with my surveyor. Thank you very much for your help in this matter. Sincerely, Toby T. Stevens cc"\ 07,38/92 16:07 a 612 423 2255 CHAS NOVRK RRCHT 01 ■, DELMAR H. SCHWANZ um...m.eat tY, eienr...r tam..Il..rM M N+ •e. 1115 SOUTH Poem TRAIL NOKMc.„1,MOO N•090,I S 511/411 IMO S11NVEYON E CERTIFICATE Prrl..lnery Platt arom a ADDITION til .- . Owner-Developers Nancy and Toby etevMP Descriptions All that Odra.: 1 Inch - S0 Ieat Pate of Cowrseent Lot 7. section le. Township 27. Rant. 21 described ea i follow., CCPP•ne$ng at a point 551.0 toot Raft and 272.35 feet North of the en.thweet oort.r / 1 �/ of Government tot 7, Notion Ia. Tewnehlp 21, ' Mange 21, thence Best and petellsl to the south ∎/ . line of said onvernswat ant 7 a distends of 190 c..t. thence North and per.11ei to the west line Of ss10 Government Lot 7 a di/Canoe of 221,11 coat. thane. Southwesterly • distance of 240.01 feet to ,S ,/ 1) a point that La 631.0 toot Oast and 424.16 feat rte, North 01 the wmtI41plt corner thereof. these, ." 11tj mouth and parallel to the west line oI said /� �7 / ^I 1 Government f 7 • dlelaaes of I61.16 feet !e �p^1a8 0 y4 �/ /�� floe place et beginning. /// V ,�a}./A`f` Atea. Brno Area 45,060 •guar* feet a Olt Lot 1 34,Su0 square (wet t •tat((( �T' attest 11.100 •soar. feet / / �i i1p�Y r �+ b y v 6rnstlnd Zoning P-1 aingls family residential/ ° � 1�/ t�/ I P.nlw.ed Laming isM /7. /ores: Ares la served / 6'~ c,)/1 ( '!ry City eenit.►y 11• /�s.wr end water with cervices /////��, /fit. I provided fur Chic lot. // -� II) Noad Ls ouriently an seNMnt rood t h 44 and has • grew) surfer*. / ' t� 3� I Prepared DT: Helmer N. Schwan' Lend Surveyor. inc.l " , 14750 !:ouch Robert Trait ``a. rp ,,.. I ,,i Noe.mount. NN 55060 t �) Tel. 42I-1769 I h I f"\ -- III g IoT /IBS. C l � � yaayk_ I �--_ _, 1 r u ti ',miry IFS.-nec.ii!<.7L(�. ._ Post-It' brand fax transmittal memo 7671 IN of p ages ► e;... 1 �- �° — �`� j '� / To `. /to/1 v /QD.oO -- Co, Co. ! warmly/6 P" V1 Few• i di IVMI lot 4 . tiS fn lb I Al r'I','e)£ Gnd'T to i' 7 I I r. 4,4• 7zids4730 /,Ro - I 4 �C U�Q • -;00 iv i M/. rou'7-io-r 7 1 A.,..y oforM nom rwa*woo.elan.of..11.455. Ad1 ,p NMI II .A. 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ILE MAN ATTORNEY AT LAW EAGAN EAST EXECUTIVE BUILDING 3435 WASHINGTON DRIVE. SUITE 202 EAGAN, MINNESOTA 55122 (612) 452-1431 • August 5 , 1992 Mayor Thomas Egan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mayor Egan, I have represented Toby and Nancy Stevens in connection with the purchase of property located in Government Lot 7 , Section 18 , Township 27 , Range 23 , Dakota County, Minnesota. This property is a single parcel of land upon which Mr . and Mrs . Stevens intend to build a single family home. Mr . and Mrs . Stevens have asked me to write this letter in support of their application for a building permit . Mr. and Mrs . Stevens have already retained a surveyor and a preliminary plat will be submitted by August 15 . As time is of the essence due to fluctuation in interest rates , they are requesting that they be issued a building permit prior to final plat approval . The owners of land in Rohlf 's First Addition, property that is located near the Stevens ' property, were faced with a similar situation and were granted a building permit in conjunction with submitting a plat for final approval . Mr. and Mrs . Stevens are simply requesting that their application for a building permit be granted as was their neighbors application and in accordance with the prior actions of the city council . Thank you for your consideration in this matter. Sincerely, Esther M. Lerman EML/sb • • MINUTES OF A;:11 OtiL R:MEE' G OF THE EX PN,CITY COUNC ;::: :Eagan, Minnesota ::;August 18, 1992 A regular meeting of the Eagan City C i t id tin Tuesday, August 18, 1992, at the Eagan Municipal Center. Present were Mayor Egan and'Coiai•ihiaeinbers Wachter,Awada,McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. • City Administrator Hedges recommended the ibe:0,illowing c bgiiges to the agenda: David Hetland of Congressman Jim Ramstadyctiffice is pft*nt and has asked for time to make a few brief remarks. It was suggested that Mr. Hetland•speda prior to:discussion of the Consent Agenda. • Move: Item 1,Administrative Agenda,Fmal Plat, Great Oaks;to Item R of the Consent Agenda Recommend Continuance to September 1, 1992, regular City Council meeting: Item H, Consent Agenda, Receive Bids/Award Contract for Construction of Pumper Truck,Fire Department Move: Item K,Consent Agenda,Pri ii t.b32,Agreement with Soo•Line Railroad(Weston Hills Utility Crossing); to Item C of Old Business Pawlenty moved, McCrea seconded, a mo pn to approve the agenda for the August 18, 1992,regular . City Council meeting as amended. Aye: 5 Nay: :0 McCrea moved,Wachter seconded,a motion to approve the minutes of the August 4,1992,regular City Council meeting. Aye: 5 Nay 0 • Pawlenty moved,Wachter seconded,a motion to approve the minutes of the July 21, 1992,special City Council meeting. Aye: 5 Nay 0 LOWATAXIVINAMPlIgRii FINANCE DEPARTMENTJBO 4#)SALE Mayor Egan introduced this item as receive bids/award sale.of general obligation improvement bonds, general obligation equipment certificates of indebtedness and general obligation refunding improvement bonds. City Administrator Hedges advised the Council that bids had been received August 18 at 12:00 noon. David MacGillivray,of Springsted,Inc.,complemented the:.•city on the recent change in its bond rating from A+ to Aa from Moody's. He cited the completion of a five-y&.Capital Improvements Program,the City's growth management, and its debt management as upportant factois'm that improved rating. Mr.MacGillivray attributed a $45,000 savings on each issue W:i ik ::rating;i tade. Mr. MacGillivray then went on to describe each bond sale and the apparent suci5tissfiil (5?ifttiei ''' ::::' • After further discussion, McCrea moved, Pawlenty secorida a motion to approve the bid of 4.4647% true interest from Harris Trust and Savings Bank for the General Obligation Improvement Bonds,Series 1992B, in the amount of$3,540,000. Aye: 5 Nay: 0 1 Page 2/EAGAN CITY COUNCIL August 18, 1992 Wachter moved,Pawlenty seconded,* motion to apprviiiiiihe bid of 3.8330%true interest from Smith Barney,Harris Upham&Company Incorporate,f0iiii :Obligation Equipment Certificates of Indebtedness, Series 1992C in the amount of$400,000. Aye: 5 Pawlenty moved,Awada seconded,a motion to approve the bid of 4.4899%true interest from Harris Trust and Savings Bank for the General Obligation Improvement Refunding Bonds,Series 1992A,in the amount of$5,440,000. Aye: S Nay: 0 FINANCE DEPARTMENT/FALSE ALARM PROGRAM Mayor Egan introduced this item as C eqRsi5le.r.01.4.9fthcz0.1sed false alarm program. Discussion began on whether there is a difference in cost to t ;:! ity:for iti$4 e>r'e'ial versus residential false alarms. Chief of Police Geagan said the cost of responding to an alarm is hie''officers' time and all alarms are responded to whether they are commercial or residential. Councilmember Wachter indicated he would prefer staying with a two tier fine system as the financial burden would be greater on the individual than on a company. Pawlenty moved,Awada seconded,a motion to approve revision of the City's false alarm program by reducing to three the number of free false a &.and by imposing a single fine rate of$75 for all false alarms whether residential or commercial. Aye: 4'-1 iay.:;L(Wachter) • • POLICE DEPARTMENT/HRl'i'IG.PERMITS After introduction,Councilmember P 001.1tecapped previous discussions that indicated the City would continue to special permit bow hunting of deer iii the City but not shotgun hunting. It was noted that all three hunting permit applications were for bow hunting,however,one also included shotgun hunting of ducks,geese and pheasants. That applicant,Jon Yanta,said that he and his party have always acted in a professional manner and had hunted ducks and geese in the river bottoms with a shotgun for approximately 20 years. Councilmember Wachter reminded the applicant that no hunting is permitted in the City without a special permit. Because of the growth of the City,safety concerns have 1 :liim:tb:Witv0:that.;rite special permits should be limited to bow deer hunting. Councilmember Awada askeiTi4:giiestoir:aliiitii;::tlre:aliecial hunts organized by the Department of Natural Resources(DNR). Councilmember Wachter:neted the main difference as being the DNR's screening and control of the hunts. Police Chief Geagan added tla't the E4Orii Police Department is not prepared as a public safety agency to become that extensively involver;:in huntiri in the City. Wachter moved,Egan seconded,a motion to approve special permits for bow and arrow deer hunting only for: Norm Svien, Marvin A.Bohnett,Jon Yanta,Tim Yanta and Jim Yanta. Aye: 5 Nay: 0 • FIELD REPRESENTATIVE/CONGRESSMA ;ILAMSTAD'S OFFICE David Hetland of Congressman Jim Rams office was:present to offer the Congressman's assistance to the City on matters of interest and to ang_ :* ip F.14egt' g hosted by the Congressman to be held in the Eagan City Council Chambers on City Administrator Hedges again referenced the Consent Agenda changes that were noted with the approval of the agenda. Page 3/EAGAN CITY COUNCIL August 18, 1992 A. Personnel Items Item 1. Seasonal Park Maintenance'Wei -:.:f:Wrecommended that the hiring of Melinda Kaltenhauser as a seasonal park attendant and Laj+ite:: ndeison as a seasonal forestry aid be approved as presented. B. Licenses.Tree Contractor.B &J Tree Care.Savage MN It was recommended that a tree co cpr :ror:B ,:.3 Tree Care of Savage MN be approved. C. Election Judges for September 15 Primarp•''•'' It was recommended that the list of electipi t,dg for tb 0optember 15 primary election be approved as presented (Exhibit A). D. License. Shows/Solicitor for Mitch Knoll -Haunted Hayride It was recommended that a shows and solicitor license for Mitchell Knoll for Haunted Hayride from October 1 through November 3, 1992, be approved. E. Request from Dakota County figiipost•S}gyp Lease Extension It was recommended that an extension off:the oirifGer . operation of its yardwaste composting I po $ agreement lease for Dakota County for posting site in Eagan be approved'tl tough February 15, 1993. F. Receive Assessment Roll/Order Pu.r He g.Delinquent Bills • It was recommended that the assessment roll be received and a public hearing ordered for assessment of delinquent bills for September 1, 1992. G. Consideration of Wetland. cement Proposal for Alscor Investors Joint Venture#2 in Industrial Park #4 Fgandale It was recommended that the wetland replacement propo :for Alscor Investors Joint Venture #2 in Industrial Park #4 be approved as presented. H. Receive Bids/Award Contract for Construction Qf payer Truck. F e Department It was recommended that consideration of the bid award for the construction of a pumper truck for the Fire Department be continued to the September 1, 1992,regular City Council meeting. I. Final Plat. Lakeview Trail Addition It was recommended that the final plat for Lake Tract Addlifon be approved. J. Project 639. Receive Feasibility Roitrd :fiaai (Aldrin Drive - Streets&Utilities) It was recommended that the feasibility report for Proje4.039 (Aldrin Drive-Streets & Utilities) be received and a public hearing scheduled to be held on September'17, 1992. . . 4 Page 4/EAGAN CITY COUNCIL MINUTE : ..... August 18, 1992 K. Project 632.Approve Agreement lh Soo Line Rai ii 1 (Weston Hills-Utility Crossing) This item was handled as Item C of O14 Qss:; L. Vacate Utility & Drainage Easemenj, Receive Petition/Order Public Hearing (Deerwood School Addition) It was recommended that the petition:4e vaeoo•.a.dc1P.Pe;sand utility easement within the Deerwood School Addition be received and a public he irttgg::8 d iiii:l e:bld on September 17, 1992. M. Vacate Utility&Drainage Easement.Receive Petitioii/Order Public Hearing(Outlot A.Coventry Pass Addition) It was recommended that the petitionties: te'drai cnd''utility easements within Outlot A,Coventry Pass Addition,be received and a public hearing scheduled for'September 17, 1992. N. Project 640.Receive Petition/Authorize Feasibility Report (St.Thomas Becket-Utilities) It was recommended that the petition be received and the preparation of a feasibility report authorized for Project 640 (St.Thomas Becket Addition: :: Jtilities). O. Vacate Utility & Drainage Easement:.Rteceive::Pct Lion/Order Public Hearing (Lot 8. Block 2, Woodlands North Addition) It was recommended that the petition tp: te:iq:..d ainage and utility easement over Lot 8, Block 2, Woodlands North Addition,be received and andi:l:iniWit6itrin g scheduled for September 17, 1992. P. Anal Plat Extension.The Woodlands North Second Addition It was recommended that a final plat extension to August 25, 1992, foi the Woodlands North Second Addition be approved and the Mayor and City Clerk authorized to execute all related documents. PROJECT 636/POPP.ER AD `I'ION Mayor Egan introduced this item as Project 636; PopplarAddition (Streets & Storm Sewer). City Administrator said that at the July 21,1992,regular City Council meeting the feasibility report was discussed and a public hearing set for August 18, 1992. Mark Hanson,of Bonestroo,Rosene,Anderlik and Associates,described the location and scope of the . improvements. Mr.Hanson outlined the cost of the project and dit properties proposed to be assessed. Rollie Crawford, representing the Pc...4mily said they appreciated that the roadway had been designed with sensitivity to the terrain and v'V,8x.§:.:p1Gea tfr rc is :: 'as moving forward. . Councilmember Pawlenty asked the Director of Public Woks Colbert whether assessing the property on a per lot equivalent was consistent with City policy. He was liked that it was. City Attorney Sheldon noted that the matter involving the Ekblad's had been discussed and that a provision in the development agreement would cover non-payment if it should become an issue. Page 5/EAGAN CITY COUNCIL i1dINUT$ ii • August 18, 1992 Pawlenty moved, Wachter seconded a;motion to close;it :public hearing and approve Project 636, Poppler Addition (Streets&Storm Sewer)aria orized the.pccpnration of detailed plans and specifications. Aye: 5 Nay 0 VARIANCES/RICHARD SKINN • • Mayor Egan introduced this item as is i t f 2'fr tie south property line,a variance of 10'to the required 20'side yard setback and a variance to parkin lot stan4 requirements of curb,gutter,and paving for Lot 1,Block 2, Halley's 1st Addition located at tht iiitersectioii:a Biscayne Avenue and Gun Club Road. City Administrator Hedges said that the item had beet before the:City Council at their August 4 meeting and had been continued to allow the City Council to walkOiii*Ote.an0...i4ff to review the history of other lots in the development. Councilmember McCrea said that she and Councilmember Awada had visited the site and saw other pole barns on adjoining properties and met with some of their owners. She said with the other businesses doing well in the area and with the gun club next door, she had reconsidered her original position on the issue and indicated a willingness to grant the variances. Councilmember Wachter said this was a case of"spot zoning"and said he still believed the property would evostually become residential. • Awada moved, McCrea seconded, a motion:to;a rprove•a 10' variance to the required 20' side yard setback and a variance or exemption from the required parkingltit'standards including concrete curb and gutter and paving subject to the following conditions:* • 1. The drive aisle and parking areas:sh i tall minimum setbacks. 2. A landscape plan shall be submitted for review and approval. 3. No outside storage shall be allowed. • • 4. All applicable City Code requireents :•:•:•:::::::::::• :•:•:•:•:•:•:•:• Aye: 5 Nay: 0 *It should be noted that because Mr. Skinn wrj:imeet thiF:i?Sestablished" setback in accordance with a building on the west side of Biscayne Avenue,the 12'vSance fro#i::the south property line was not addressed. CONTRACT 92-09/GREAT OAKS&WOODLANDS NORTH 2ND ADDITION Mayor Egan introduced this item as Contract 92-09, Consider Award (Great Oaks Addition and Woodlands North 2nd Addition). McCrea moved, Wachter seconded, a motion to awarcf intract 92-09 (Great Oaks Addition and Woodlands North 2nd Addition -Streets&: iii f Si;: 0 PROJECT 632,AGREEMENT WITH SOQ.:LINE RAILROAD (WESTON HILLS -UTILITY SSING) Mayor Egan introduced this item as Project 632,Agreement with Soo Line Railroad (Weston Hills - Utility Crossings). It was noted that trunk utility service to the Weston Hills development under Project 632 • Page 6/EAGAN CITY COUNCIL IbIINU7 BS ..... t August 18, 1992 would require the City Council to obtain peitIssion from the R.8g1 €iad to cross their right-of-way. This could be accomplished through a Pipeline Crossing a 1n*.with,Spp tii in the amount of$5,400 or a permanent easement acquisition in the amount of$10,500.' +.Mtp it r Sheldon said that even though the cost of the easement is almost double that of a pipeline crossing eiaiit,fhe permit is subject to termination by the Railroad upon 30 days notice. Such termination would require the City to remove all utilities installed under the permit and result in costs far exceeding those associated with easement acquisition. McCrea moved,Wachter seconded a.lnptipnifo.approye.wegnent acquisition in the amount of$10,500 and authorized the Mayor and City Clerk to it tik.8:; tec ii rents. Aye: 5 Nay. 0 CONTRACT 92-10/WESTON'HILLS Mayor Egan introduced this item as.Coatra0: 40,•.consii pi award of contract(Weston Hills-Trunk Utilities). • McCrea moved,Awada seconded,a motion to receive the bids and award Contract 92-10(Weston Hills- Trunk Utilities)to S.J.Louis Construction Company in the amount of$269,194 and authorized the Mayor and City Clerk to execute all related documents. Aye: 5 Nay 0 CDBG/ENTITLEM NT'itiORTIFICATION Mayor Egan introduced this item as receiiificatiop:fot:� ement for community development block • grant funds for the City of Eagan through the Da#pta;fi iity'tlousing Redevelopment Authority. Pawlenty moved,Wachter seconded;`itiiiotion to approve a resolution which will permit recertification for entitlement for community development block grant funds for the City of Eagan through the Dakota County Housing Redevelopment Authority. Aye: 5 Nay: 0 RECOMMENDATION/DAKOTA COUNTY HRA • FEDERAL RESET $ I it R .ACQUISITION Upon introduction,Mayor Egan noted that this item had:br,.en withdrawn. COMPREHENSIVE GUIDE PLAN AMENI.ft NT/REZONING/PRELIMINARY PLAT ST THOMAS BECBET ADM.ON Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment,St.Thomas Becket Addition/St. Thomas Becket Church, From D-I (Single-Family Residential) and D-II (Mixed Residential), a rezoning from AG (Agricultural)to PF(Public Facility)and a preliminary plat consisting of approximately 33.1 - acres for a church located along the west side of Highway 3,sout> .gl':Diffley Road in the SE 1/4 of Section 25. City Administrator Hedges said this item had been before the Ary Planning Commission at their July 28 meeting and they had recommended approval................. Director of Community Developmeiiatinilife6iiiiiiiedliiiilit and the phasing of its development. He then related neighborhood concerns regarding traffic and traffic c:irlation. Mr.Runkle said a traffic study had been ordered by the church and neighborhood meetings held in ai tempt to mitigate these concerns. At their July 28 meeting,the Advisory Planning Commission recommended'two additional conditions relating to having the gates on Atlantic Hills Drive and Tofte Lane open only during worship times and that both secondary accesses be completed with the first phase of development. . • Page 7/EAGAN CITY COUNCIL MINUTs August 18, 1992 Bob Byers,of Short-Elliott-Hendricksioiks:presented the.tic study and described the findings outlined in a letter prepared and distributed by SEH. Mr.1**sgidl :taring much of the week,neighborhood streets are used for local traffic only however,with churches SSgiriols,these streets become collectors at certain peak hours. He said things can be done to slow traffic but not always with great success. Mr.Byers said that from a traffic perspective,he was uncomfortable if the only access to the church was onto Highway 3. He suggested an option may be two access alternatives onto Highway 3 even though it may take some time to get MnDOT approval. He then showed a graphic which illustrated the impact of the development site if developed as single family versus a church. A single family develi n : .:40.: :c iy to day impact on traffic while the church resulted in a large increase in traffic once a ire$:'''"''':::::'i e'lV#r Byers said he did•not know to what extent MnDOT had looked at this issue,he thought they coulif: convia to permit a second access onto Highway 3. The Mayor then opened the meeting;fts:piiblk iooiimment;:::of f Childs of 628 Erie Court and representing 40 households in the Lakeside ne igh borh ood,fivas'fYie.first tii��pea7t:.Mr.Childs said his neighborhood had raised traffic concerns since the church and access through Lakeside Estates was first proposed. Mr. Childs went on to read a petition in opposition to continuing Atlantic Hills Drive to the church site and recommended two accesses onto Highway 3. If two accesses are not possible,then the neighborhood would prefer one access onto Highway 3 through the first phase of their construction and then.as Highway 3 is improved, look at a second access onto Highway 3 again. - Dave Loehr of 3749 Windtree Drive and" a,ii:of.the Church Building Committee introduced Father Tom Commers of St. Thomas Becket Church whi,.emphasized: vhat the church would mean to the City and community. • Craig Rafferty, of Rafferty, Rafferty.&: .oll f sbii''Architects, presented a layout of the church and accompanying buildings and explained the plia i g'bf its development. Mr.Loehr said the building committee agrees with many points of neighborhood concern but believes the project will serve as a model for the entire metro area. He said the church has agreed to permit extension of Atlantic Hills Drive and Tofte Lane through their property and noted that the gates would be open only during normal worship times. Mr.Loehr said•they.s ipport.the.6nding that a single access is not safe and then presented a letter received from MnDOT w r:inidicBtes;;that si igje rather than dual access is the safest and best alternative on Highway 3. Shawn Hunter,4054 Pumice Lane,said that peiiipie will go:W church the fastest way which,in this case, is Highway 3. Homer Laird, 628 Hackmore Drive, said the Autumn Ridge neighborhood is opposed to residential access to the church and has been since first advised of that potential in February. Mr. Laird asked whether permitting the church to be developed was not in conflict with the City Council's previous position that no further development would be permitted in that area until secondary access.wvas completed. He said approval of this plat would open the doors to Autumn Ridge and Hawthorne Woo 1 petition for further development without a secondary access. A petition containing 67 signatures was pressed Mayor Egan asked staff whether this.p iijc; *: red"additional development without the provision of a secondary access." Director of Public Works Colbert.said that access from Atlantic Hills Drive and Tofte Lane to Highway 3 would satisfy secondary access regtkdinents. Linda Myhre,587 Atlantic Hills Drive, said of the 23 churches in Eagan only one took access through a residential neighborhood. She said that church,Community of Joy,had already received complaints from the • • Page 8/EAGAN CITY COUNCIL August 18, 1992 neighborhood. She also mentioned Trinity Dine Oak Church wbidt:has a single access onto Highway 55. She asked that the City push for a second access's n o.Highway 3.• Dan Schroer,621 Hackmore Drive,asked'tit: tl'ie'City permits a second neighborhood access,that it is both Atlantic Hills Drive and Tofte Lane,not just one or the other. In addition,he asked that construction vehicles be restricted to Highway 3. The general consensus of the Council.was.that.&.seconds y.access through the neighborhoods was less than ideal and discussion continued as to how.(.*:' **:.04i nd access onto Highway 3. Councilmember McCrea suggested that the City work with St.Thomas Becket ehiiidkza their efforts to gain access approval from MnDOT. Councilmember Awada inquired as to whethef there w i*9i way to start that process without slowing up the progress of the church. Director of Communo:Fievelopnient Runkle said that some of the processes can take place simultaneously and that there should:be its undue:inlay if the Church and City work together. Councilmember McCrea suggested that the prelim nury plat: ; oved conditioned upon obtaining permission from MnDOT for a second Highway 3 acce's's:"She added'tliat'if the access cannot be obtained,the issue can be brought back to the City Council for resolution. Director of Public Works Colbert advised the Council that if Atlantic Hills Drive and Tofte Lane are not completed as through streets,there is insufficient room to construct a cul de sac without the use of Church property. David Loehr told the Council thet.:cbe;Church does not wish to give up property for completion of the cul de sacs and then be assessed as a"beswI ttt '•:property. Mayor Egan observed there is no urgency in resolving this issue as Atlantic Hills Drive has beea'as::it is s pce 1968. Doug Dahl, 573 Atlantic Hills Drive, stated that as a 20-year resident on Atlantic Hills.Drive, he:etiuld assure the Council that they would not be petitioning for a cul de sac. Wachter moved,Awada seconded,a i00 tt :approve a comprehensive guide plan amendment for St. Thomas Becket Addition/St. Thomas Becket:diuich from D-I (Single-Family Residential) and D-II (Mixed Residential). Aye: 5 Nay: 0 McCrea moved, Wachter seconded,a motion to approve a rezoning from AG (Agricultural) to PF (Public Facility). Aye: 5 Nay: 0 McCrea moved,Wachter t*on: o:at tpvir;;preliminary plat consichtng of approximately 33.1 acres for a church located along the west side of klighway 3,.south of Diffley Road with modifications to Conditions 4, 12, 13,and 16;the addition of a condition:staiting that:"anal plat approval will only be granted with two accesses to Highway 3 approved by MnDOT,"as l as the Mowing conditions: • 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990,shall be complied with: Al,Bl,B2,B3, B4,Cl,C2, C4, C5,Dl,El,Fl, Gi, and H1 2. All trash and recyclable containers shall be stored a the building or an attached enclosure constructed of similar building materials as the principle structur : 3. Rooftop mechanical equipment Page 9/EAGAN CITY COUNCIL August 18, 1992 4. All signage shall be subject to the;due-time sign fee Q :$2.50/s.f. The sign plan shall be approved by the City sign inspector. • 5. Berming shall be provided between the'pitrfii$:jof and Highway 3 and all landscaped areas shall be irrigated. 6. Detailed plans and specifications shall be submitted with the final grading plans for the proposed retaining wall construction. 7. The drainage from the parking areas and building'dement of Lot 1,Block 1,shall be directed to an internal storm sewer system that discharges into••pond LP-47r:. 8. The final grading plan shall provide P pr de a 3�k fbc.:buffeL.... Hay Lake to protect the edge of the lake's vegetation. 9. The water main layout for this development shall include a connection to the 8"stub at Atlantic Hills Drive and at Tofte Lane and looping the water main through the site to the south property line. 10. The final utility plan shall include 8" sanitary sewer and water main stubs to the Highway 3 west right-of-way line for service to Lot 1,Block 2:pf.this plat. • 11.The development will be responsible for obtaining the permanent and temporary easements from the property to the south along the proposed sanitary sewer line. 12.City Council approval of the construction of the outlot for Pond LP-47 is required prior to final plat approval. 46T-All-thfee-aeeeffSee-144441.-eearstflietela. 6047:;:;:;:; 13. Final plat approval will only be granted witi3:iwo acceMes to Highway 3 approved by MnDOT. Aye: 5 Nay: 0 Councilmember McCrea asked that staff update the Council within 30-45 days. PLANNED DEVELOPMENT AMENDMENT/RAHNCLIFF Mayor Egan introduced this item as a Planned Developiilint Amendment for Jerald W. Peterson, changing the use from a medical center/o fjitB iiif .iaiii*i3 ;i Lot 2,Block 2,Rahn Cliff 3rd Addition, located along Rahn Cliff Court in the NW f14: if 4','citt'ttn'':;32;:::::Administrator Hedges said the Advisory Planning Commission had considered this item at their July 28, 19921...meeting and had recommended approval. Director of Community Development Runkle described the develogai nt location. He said the original proposal for the property was for an office/medical building facility. Mi •R"unkle said the applicant had proposed a building with a brick and stucco exterior similar to the adjacent Baker's Square building. Page 10/EAGAN CITY COUNCIL IuIINUM:* •:'':•:•••: ••'••••August 18, 1992 Marie Bakke,representing the develnt group,theft.pained the proposal and asked if there were any questions. • After reviewing the history of this property and the rezoning from Limited Business (LB) to Neighborhood Business (NB), the City Council expressed serious doubts regarding a motel at this location. Mayor Egan said the motel represented an incompatible use with its surroundings. Mike Haberkamp from First Amenp;04iihi MO a 140ithey had made a business decision to move to their present location with an understandiii$'bf'the*iig•aa$iwh t other businesses.would eventually locate there. Mr. Haberkamp said the proposed amendmeritj3 not eq l to or better than the present zoning and would negatively impact their building. He asked that.the amendment not be approved. Dale Kiossner,2025 Pin Oak Drive eg t Paul Y u4b ler,;: :Pin Oak Drive,asked that the Council,not approve this proposal. Barry Kissell,2008 Vi ' ane,eiq ed'.that very few of their neighbors would join them in opposing this amendment as many did not believe they'd be heard. Awada moved,Pawlenty seconded,a motion to deny a planned development amendment for Jerald W. Peterson, changing the use from a medical center/office building to a motel on Lot 2,Block 2,Rahn Cliff 3rd Addition located along Rahn Cliff Court in tlur,NW 1/4 of Section 32,and directed the City Attorney to prepare the findings of fact. Aye: 5 Nay 0 PLANNED DEVELOPMENT AMENDi4iiil/ ONDITIONAL USE PERMITS CHILI'$::RESTAURANT. : • Mayor Egan introduced this item.as:.;6,1•PPled'levelopment Amendment, Brinker International, • changing the use from retail to a Class I (Sit iii ii)''Restaurant and conditional use permits to allow on-sale liquor, 3.2 beer or wine,and a pylon sign on'Lot 2,Block 1,Duckwood Crossings, located along the west side of Pilot Knob Road in the SE 1/4 of Section 16. City Administrator Hedges said the Advisory Planning Commission had considered this item at their July 28,1992,meeting and had recommended approval. Director of Community Development Runkle explained the application and its location. • Randy Engel and Jeff Smith,representing.r n1cer; nt tional,were present to answer any questions. City Administrator Hedges explained that Miller;:&Schro er Financials,Inc., is the fee owner of the property. He said M&S took the property back when the could:no longer meet the obligation. Duckwood Crossings was declared in default with issues involving public imii*ements and the letter of credit yet to be resolved. • Wachter moved, Pawlenty seconded, a motion to approve a planned development amendment for Brinker International changing the use from retail to a Class I restaurant and subject to the following conditions: 1. A planned development agreement amendment shall Wexecuted. 2. The trash/recycling containers shaU;•be.u:an:e we:made of the same materials and also attached to the building. 3. All liquor license provisions shall be adhered to. 4. A one-time sign fee shall be required for all signs and all sigaage code requirements shall be adhered to. • Page 11/EAGAN CITY COUNCIL MINU''. : :'`' : August 18, 1992 5. No rooftop mechanical equipmen*:t all be visible from 1`ilot Knob Road. 6. The landscape plan shall conform to i C:i '41Ieiined Development landscape plan. Berming along all parking areas shall be provided and irrigatioii'sliall be required in all green areas. 7. No outdoor storage other than the trash recycling area shall be allowed. 8. All applicable Code requirements:; Aye: 5 Nay: 0 McCrea moved,Wachter seconded,a motion t;approve a0i.ditional use permit to allow on-sale liquor, 3.2 beer and wine subject to the following conditiop;:. :. : ::..;. 1. Shall run with the land and be recorded with Dakota County within 60 days of Council action with documentation provided to the City. Aye: 5 Nay: 0 Pawlenty moved,Awada seconded,a:. n.to approve a conditional use permit for a pylon sign on Lot 2, Block 1, Duckwood Crossings,located on'tl c $t:side.of,.Pilot Knob Road at Crestridge Lane and subject to the following condition: • 1. Shall run with the land and be record d::with. 0::Cqitinty within 60 days of Council action with• documentation provided to the City. Aye: 5 Nay: 0 BUILDING PERMIT/TOBY STEVENS • Mayor Egan introduced this item a5:8 i iiest fi#. •'.'i . .permit prior to platting property for Toby T.Stevens,Government Lot 7,Section 18,Towrisliip Zfi;Raii$ 3c i)itector of Community Development Runkle said a letter had been received from Mr. Stevens in Fe1boary regat ding his request to develop a single family lot in the Wuthering Heights neighborhood. At that ti staff expfatned the requirements for platting this lot. Mr. Runkle went on to say that Mr. Stevens is citing: :home in:#ite Roif's Addition as a precedent for his request;however,the circumstances were substantially&afferent is i1t case. Discussion with the homeowners in the Rolff's Addition regarding a building permit took place before they were told they had to plat the property and the home was on order before staff apprised them of those requirements. Mr.Stevens was not present. After discussion, Egan moved,Wachter seconded,a motipt:to deny a building permit prior to platting of property for Toby T. Stevens for Government Lot 7,Section 1$;township 27,Range 23. Aye: 5 Nay: 0 • . ORDINANCE AMENDM) N`I'JCOY)E''Ei `O10EMENT OFFICERS McCrea moved, Wachter seconded, a motion to appro the ordinance amendments of City Code Chapters 2, 11, and 13 regarding code enforcement officers as presented. Aye: 5 Nay: 0 Page 12/EAGAN CITY COUNCIL August 18, 1992 • ••�y Vii: :.• 4•4••�•.'.'N.�Ai/�<1^i<.• CONSIDER CLAIM FOR EXP r.,.ip•• ON/LAKESIDE ESTATES • Mayor Egan introduced this item as consideration of a claim for expenses regarding vacation of a drainage and utility easement(Lot 6,Block 1,Lakeside Estates). Mr.Richard L.Rosenberg the property owner, was not present. Councilmember McCrea expressed a concern t ' of would be set if the claim were approved. Director of Public Works Colbert advised the Council I it the vacatstin of other lots associated with this waiver of plat were properly vacated upon submission of a petition signed,by Wayne Kittlson and Tom Waite and approved by Council action on June 5, 1984. The vatAton of thieArainage and utility easement through the center of Lot 6 was never processed nor recorded .D koa;C4lUilty until Mr. Rosenberg petitioned for its vacation and the Council approved it at its Aip :9;'1991,iiieetitig:'`Because of the past confusion,the Council waived the $300 vacation fee at that time. McCrea moved, Pawlenty seconded,a motion to deny the claim for expenses associated with vacating a drainage and utility easement over Lot 6,Block 1,Lakeside Estates. Aye: 5 Nay: 0 ORNOSFIRONEACINOP • WEED CONTROL/TURF.G'RASO ESTABLISHMENT City Administrator Hedges referenced fort•e.0 ameil 1 turf grass establishment ordinance passed in • July of 1990. He noted that excellent compliance:habeenn achieved with the ordinance;however,four properties had presented on-going problems. Mr.Hedgi S;said'tliat staff had reached the point where direction was needed as to enforcement of the ordinance because several neighbors were growing impatient with the City's efforts to bring these homes into compliance. Perry Stepka,1965 Safari Trail,said the lack of turf establishment by his neighbor has resulted in$2,500 in damage done to his yard through erosion. Mr.Stepka said.he cannot repair his yard until his neighbor does something about his The consensus of the City Council was to enfairg the or .nce and City Attorney Sheldon will meet with staff to make certain that enforcement is in keeping With the: fty Council's intent. LEXINGTON SQUARE SRTTLEM /MERITOR Egan moved,McCrea seconded,a motion to approve the final cost allocation for Project 527 and that costs totalling $53,753 shall be levied against the major street fund and the storm sewer trunk fund. Aye: 4 Nay: 0 Abstain: 1 (Awada) • CONTRACT 91-0s/WILLBROOI ;iODmON • Mayor Egan introduced this item as Viii.S, ? l payment/Acceptance(Willbrook Addition- Streets& Utilities). Wachter moved, Awada seconded, a motion to approve the fourth and final payment to Ryan Contracting in the amount of $20,48434 for Contract 91-05 (Willbrook Addition - Streets & Utilities) and authorized the final acceptance for perpetual maintenance subject to related warranty items. Aye: 5 Nay: 0 • Pap 13/EAGAN CITY COUNCIL MINISM .• :.:.:•:.: ......... August 18, 1992 •:.:.:•:. ..:.:•:. . • : • , in the amount of Wachter moved,Egan seconded,a motiiiii:W#Opr dated July 31 of S1,952,348.99 and the checklist dated August 18, amount of$509,411.85. . The City Council adjourned the ely 11:15 p.m. EAGAN E.J. VanOverbeke City Clerk • .•...• • • • :.:•:•:.: •:.:.:•:. • UST OF JUDGES FOR APPROVAL , EXHIBIT A • STATE PRIMARY ELECTION i SEPTEMBER 15,1992 ■ DEMOCRAT REPUBLICAN SHARON SCHOELLER MARIE OVERBY ANN OURADNIK RICHARD IFFERT r EVELYN COTA VIRGINIA ZEITZ BARB EDGERTON AUREUA PETERSON VICKIE PLOTT ELAINE JONES ROSE VIMR LYNN PRAZAK SHARON BRUCE SARA TIDRICK TERRI BERKNESS CAROL RICHTER PAT KAEDER JUUANN KELLER MILDRED HARTLEBEN MARY JANE LAROCK HELEN KENNEDY •JACK LATTEN AUREUA POPPLER ROSEMARY TEAFORD WIWAM GUELCHER STELLA LUNDOUIST ELEANOR KEEGAN KARON FACTOR BARBARA SHIELDS HELEN OLSON BOB VOGEL ROBERT MILLER•LEO AMUNDSON ROBERTA SMITH TRACY JONES L113 KOEHLER MARY KELLNER NANCY SEVERSON MARILYN LEGLER IRENE WACHTLER VIVIAN DATE JUDY HAWLEY JEAN HARMON RUTH TWOMEY ARHTUR PAULSON KAREN FLOOD • DONN KIRCHGATTER GLORIA PAULSON IRENE KREIDBERG ORLEAN GARNESS KAY GRABNER JUNE KETCHAM GARY DODGE CLARENCE HANSON CAROLVENIA RICHARDSON SHARON ORTH FLORENCE HANSON KAY KOLEHMAINEN ROBERT ZIMMERMAN EVELYN OTTERNESS MARK OLSON ELIZABETH BASSETT ANN THOMAS NEAL BLACK JIM KENNEDY MICHELLE DICK GROVER BEWLE JEREMY YARWOOD JIM DECH ARLENE LEIBEL BONNIE TRANBY JUDY SAIMA SHARON ASTLEFORD MARIE LANE ETHOL GROFF OLIVER MCCULLOCH SHIRLEY KLANG STEPHEN OLSON SANDRA NELSON KAY DODGE LYLE SEVERSON JANET SCHUETZE JOAN BOHUG LINDA BUCHANAN SUE OLSON TERRY MESTNIK MARILYN PORTER ANNE SULLIVAN .. JEAN KIMBER ELEANOR GRIMMER ELEANOR BRUCE CAROLEE JONES PAUUNE LEGENDRE . SHEILA SHAY NITA SWAN ANGIE FLYNN KIM EDSON BARBARA SCHREINER KAY URTZ LORRAINE RIEGER LAURA BASBALLE CAROL SUE CRUZ LUCY THOMPSON JACK SWAN MAREI ANN GUETZLAFF SUSAN KRETZMANN JANICE BEUEAU • . LUCIA JOHNSON JOANN GEORGE YVONNE KRISNIK KAREN UECKER ALYCE BOLKE GLORIA CZYCALLA DICK BEATTY NONA DAVIS MAUREEN PREBELICH TOM PEDERSON JAN GIEFER MARGE JACOBS BERNADINE GOESS JENNY BAKER FRANK HAMERNIK WILLIAM SKAR JAMES KLASEUS DON HANSEN JIM DRISCOLL PAUL YOUNGNER DOROTHY PETERSON SHARON UNDHOLM • BEATRICE COOPER CAROL VIHOVDE • PAMELA HOCHHALTER SONYA L ARSON HELEN JARVI NORMA WADE • MARILYN HOLM PHYWS UGMAN KAREN DARE CHERYL OSCARSON JUDY MUNDAHL JANICE PARKER CHARLOTTE O'DONNELL DIANN ENGLE • VICKIE JABBRA MARY HANSEN CAROLYN THURSTON EVELYN USS JUNE NELSON NANCY JARVI MARIE DESLAURIER EMILY MEDIN EDITH DRAKE • CATHY BROST KAREN RAINFORD BARB NUTTALL JOAN COFFEY BARB UNERT JUDY PETERSON ADEUNE BUEHLER MARY TESKE NANCY HAMMEL • LOIS AGRIMSON MICHELLE SKINDEUEN IONA RAY ALICE KREITZ FLORENCE MULLEN HELEN GERTEN BEVERLY ZAINE PATTI BENJAMIN CYNTHIA VOELKE GLADYS BYRNES