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09/17/1992 - City Council Regular 1t% 1r AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING THURSDAY, SEPTEMBER 17, 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 p. 1 1. Hunting Permits )' 7 2. Expansion of Area Involved in DNR 1991-1993 Alternative Deer Control Program / B. FINANCE DEPARTMENT p./.S 1. Policy for Obtaining Quotations/Bids IV. 6:55 - CONSENT AGENDA (PINK) 491. / q A. PERSONNEL ITEMS 41,,. /9 B. LICENSES, Plumbers pU v C. APPROVAL of Manager for On-Sale Liquor License, Applebee' s Restaurant a r . ,2D. CONTRACT 92-12, Receive Bids/Award Contract (Poppler Addition) dp� �3 E. PROJECT 642, Receive Feasibility Report/Order Public Hearing (Crestridge Drive - / Streets) x. 23 F. CONTRACT 92-14, Approve Plans/Authorize Advertisement for Bids (Crestridge Drive) (/�_ac./ G. CONT6RACT 91-11, Approve Change Order #1 (Well Pump #16(r ,.2�H. PROJECT 589R, Receive Final Assessment Role/Order Public-Hearing (Elrene Road & Trails r End Road - Streets & Utilities) 19.PS-I. RATIFICATION and Stipulation of Settlement, Joel & Elaine Greer fi..)1J. FINAL PLAT, Coventry Pass 4th Addition 9 K. RESOLUTION, Dakota County Landfill Abatement Funding Application ,tfO L. ADOPT Resolution Setting Public Hearing for Refunding $11,350,000 Multi-Family Housing Revenue Bonds - Cinnamon Ridge Project V. 7:00 - PUBLIC HEARINGS (SALMON) Ptf5'A. FINAL Assessment Hearing, Delinquent Utility Bills ,,/ B. PROJECT 621, Final Assessment Hearing (Manor Lake 4th Addition - Streets & Utilities) fb(� C. PROJECT 639, Aldrin Drive - Streets & Utilities •g6 D. VACATE Utility & Drainage Easement, Deerwood School Addition it.$g E. VACATE Utility & Drainage Easement, Outlot A, Coventry Pass Addition ; . (110F. VACATE Utility & Drainage Easement, Receive Petition/Order Public Hearing (Lot 8, Block 2, Woodlands North Addition) • VI. OLD BUSINESS (ORCHID) 007A. 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 TWO PRELIMINARY PLAT PROPOSALS Consisting of 11 Lots and 88 Units with Two Access Variations, Located along the South Side of Diffley Road and the East Side of Nicols Rd in the NE 1/4 of Sec 30 OLD BUSINESS (continued) /7. 113 B. MODIFICATION of Preliminary Plat, Episcopal Church Addition/Ss. Martha & Mary (/ Episcopal Church, to Exclude Lot 1, Block 1, Kirschner Plaza, from Final Plat VII. NEW BUSINESS (TAN) ,0, )jg A. ORDINANCE Amendment, to Eagan City Code Chapter 8, Traffic Regulations, Special Vehicle Use by Handicapped gyp, /a3 B. VARIANCE, Don Christianson, of 1.3% to the 20% Maximum Building Coverage, Located at V Lot 6, Block 1, Buffer Hills Addition D /a b C. VARIANCE, Ron Vescavage, of 15' to the 30' Required Setback from Public Right of Way, Located at Lot 8, Block 2, Ridgecliffe First Addition � ,/a cl D. SPECIAL USE PERMIT, Bill Brabec, for the Temporary Sale of Christmas Trees on Lot 30, Block 2, Knob Hill Professional Park 0:0,13E. SPECIAL USE PERMIT, James Bartizal, for the Temporary Sale of Christmas Trees on Lot 3, Thomas Lake Center f. /3“. REZONING, Burnsville Lumber Company, Inc. , of Approximately 1.4 AG (Agricultural) Acres to R-1 (Single Family) Located Along the North Side of Four Seasons Drive in the SW 1/4 of Sec 31 /1h/ G. REZONING, Whispering Woods 9th Addition/Hilla, Inc. , of Approximately 5.2 AG (Agricultural) Acres to R-1 (Single Family) and a PRELIMINARY PLAT Consisting of 11 Lots Located South of Slater Road in the SW 1/4 of Sec 31 � PRELIMINARY PLAT, Oak Cliff 7th Addition/Brian S. Mangine, Consisting of One Lot on Approximately Two Previously-Zoned NB (Neighborhood Business) Acres Within the Winkler Jackson Planned Development, and Two CONDITIONAL USE PERMITS to Allow On-Sale Liquor, . 3.2 Beer or Wine, and a Pylon Sign Located South of Cliff Road and West of Slater Road in the NW 1/4 of Sec 31 VIII. ADDITIONAL ITEMS (GOLD) 10.0A. CONTRACT 92-13, Approve Plans/Authorize Advertisement for Bids (Aldrin Drive - Streets & Utilities) / 'OB. PROJECT 637, Receive Report/Order Plans & Specifications (Maintenance Facility Expansion - Cold Storage Building) IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) iS/ A. RESOLUTION Supporting the Third Lane Project for I-35W X. ADMINISTRATIVE AGENDA (GREEN) %I. 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. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. V MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 11, 1992 SUBJECT: AGENDA INFORMATION FOR THE SEPTEMBER 17, 1992 CITY COUNCIL MEETING ADOPT AG A>A :" G ' S ....................:...............:........:h :•555::::::::Li:::::::•::::..::•5N55}:kl::.i•:i{•:4:•ilri4:.i:•iii After approval is given to the September 17, 1992 City Council agenda and the special City Council minutes of the July 7, 1992 meeting, the following items are in order for consideration. Minutes for the regular City Council meeting of September 1, 1992 will be delivered with the Additional Information packet for consideration and adoption at the September 17 meeting. DEPARTMENT BUSINESS A. POLICE DEPARTMENT Item 1. Hunting Permits--Applications for special hunting permits to bow hunt deer within the City of Eagan have been received of Robert K. Sandeen of 1304 East Balsam Trail and Steve and Daniel Huettl of 3989 Denmark Avenue. A copy of Mr. Sandeen's application is enclosed on pages aq through for your review, including a statement of permission by the property owners in question. All three adjacent properties are located at the corner of Yankee Doodle Road and Lexington Avenue. A copy of the Huettl's application is enclosed on pages through S for your review and likewise covers a statement of permission by the owner of the subject property located at 1300 Deerwood Drive. Also enclosed on page � is a brief description of the State requirements relative to hunting by minors since Stephan Huettl is 14 years of age. As noted, Stephan must have a firearms safety certificate but need not be accompanied by a parent or legal guardian. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a special hunting permit for Robert Sandeen for bow hunting of deer on property located at the intersection of Yankee Doodle Road and Lexington Avenue as presented and 2) a special bow hunting permit for Stephan and Daniel Huettl to allow bow hunting of deer on property located at 1300 Deerwood Drive as presented. SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT 1. Name: l ��- �- 2. Daytime Telephone Number: j ( fit_ ( -I �. ��pT=t N 224;1/ _ sJ7� 3. Street Address: 4. City/State/Zip Code: '/ (_'. eA t_ cc-104 1 1211 � t._ FOC--tW >>■ ti . SS-123 IMPORTANT INFORMATION FOR THE APPLICANT Applications will be considered for parcels of property of five acres or more only and zoned"agricultural." Hunted wildlife shall be deer(bow) and geese only. Exceptions to this policy will be the prerogative of the Eagan City Council. The maximum dates of the season for each wildlife hunted shall coincide with the hunting dates established by the Minnesota Department of Natural Resources (DNR). The 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 if the permit does not serve the purposes of wildlife management,even if the applicant has complied with all of the requirements. Any bunter listed in this application may hunt only when accompanied by the applicant. A copy of this permit and appropriate identification must be carried at all times for verification by the Eagan Police Department. Sipygelt_yoOwnONner(iTsiittel immigr0som. the property owner must accom ny this permit ap licatioo rj/C df•-4A-u ;7192- c e)/' /14 CLA4441/' "1..14 9-12- 64 PQ r tAProFerty Locatio � ript on: � -�� $..�`' c. i 2 / 3 74). K! C J'a'.v 41.6 t 4 /fr./ 5713---Y Z 3 ? yu < x;i ; /4-0-' • )c,4-t ok • 5 5 / z 3 7. Type of Game & Type of Weapon: - 8. Specific Hunting Dates: p Roc() ff A ,21--' 0tu f' r9c2 OFF < 3 ) `l cI Z IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY 9. Name (Beginning with the Applicant): 10. Address: 11.Vehicle Co'f-3('t-' i �< 5 �� /J i��' !mil I c> l r- (;f1 c S71 q p0 A it__ License# RIw 12. Police Approval/Permit No: 13. Approval Date: 14. Expiration Date: r / /e4 Cie / c,�.1 j- 0 `t e five (J6 r 6,0-,,de_ed,.. { + (11-h. T o ti r ci_, o I ch. � pt-orevl j-e5 GvICt- c , Vr et- C �'l 7'' 3 74 Ccf- �I'(x/G-1O 41.I ' , -` t raj` . 7 Z / / -le-u• 11 / H . 4. 9 7 5- 10. 14, tce Ad-ic 11,4 53 Y L/ 'W'lk-A4r1).44, r1A-18■4J'i tog, -71-: c 6 5 e J 3 f ,"/ flue- C,4-1.--4-V /'4it , J . 5( z- 3 • 3 SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT 1. Name: 2. Daytime Telephone Number. t 3. Street Address: 4. City/State/Zip Cod : I J IMPORTANT INFORMATION FOR THE APPLICANT Applications will be considered for parcels of property of five acres or more only and zoned"agricultural." Hunted wildlife shall be deer (bow) and geese only. Exceptions to this policy will be the prerogative of the Eagan City Council. The maximum dates of the season for each wildlife hunted shall coincide with the hunting dates established by the Minnesota Department of Natural Resources (DNR). The 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 if the permit does not serve the purposes of wildlife management,even if the applicant has complied with all of the requirements. Any hunter listed in this application may hunt only when accompanied by the applicant. A copy of this permit and appropriate identification must be carried at all times for verification by the Eagan Police Department. 5. Property Owner's Name (written permission from the property owner must accompany this permit application): 6. Property Location Description: /50(7 EF2 wC, 2D 2 (.;.RN ay. 5:5-2,a3 • I I 7. Type of Game & Type of Weapon: 8. Specific Hunting Dates: (4., cr= fiR-/e0G1./ 5E/'r_ /q EC. g/ /992 • IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY 1 9. Name (Beginning with the Applicant): • 10. Address: 11.Vehicle License# ,TE/J///7/1✓ / III '/E77Z. 39? ,vrn, E , /2 //Eti CEPH 1/ // 12. Police Approval/Permit No: 13. Approval Date: 14. Expiration Date: • _ __ August 25, 1992 To whom it may concern, I grant permission under certain conditions (see conditions) for Mr. and Mrs. Daniel Huettl and/or their son Stephen Huettl date of birth 1-29-78, address 3989 Denmark Ave. Eagan, MN 456-5477 to bow hunt on my property at 1300 Deerwood drive, Eagan, MN 55123. Conditions - 1. All responsibility, supervision and liability are the responsibility of the Huettls while on my property. 2. All city, state and federal regulation must be abided by. 3. Regulation bow hunting season only from September 16, 1992 to December 31, 1992. 4. Time allowed on property is legal sunrise to legal sunset. 5. The Huettls will be present before hunting season for a briefing on property boundary line by the Altobelli's. 6. The Huettls must notify the Altobelli's the night before they w 4i\\\11 be bow hunting. They can telephone, or upon a mutual isible signal. 1 / �; Signature 1 _'6• A_ /I'• Date , �7-6 /6/9 Q Z. The e e 7 J Signature P-c... ` Date ,g ?/2 Rocco Altobelli • S- Minors/State Hunting Licenses - Bow/Big Game 11 years and younger may not hunt 12 & 13 year olds must have a Firearms Safety Certificate and must be accompanied by a parent or legal guardian 14 & 15 year olds must have a Firearms Safety Certificate but need not be accompanied by parent or legal guardian 16 years does not need a Firearms Safety Certificate 6 Agenda Information Memo September 17, 1992 City Council Meeting Item 2. Expansion of Area Involved in DNR's 1991-1993 Alternative Deer Control Program- -Background information relative to this item was included in the September 1, 1992 City Council packet and was continued to ensure the presence of a DNR representative at Thursday's meeting. Enclosed on pages R' through_this a copy of the original proposal in this regard together with a map reflecting the area approved by the City Council for this purpose at the August 20, 1991 City Council meeting. That action authorized a three year alternative deer control program for Fort Snelling State Park and the Minnesota Valley National Wildlife Refuge. In recent weeks, the City has been contacted by DNR representatives stating the DNR's request to expand the hunting area to include property adjacent to Cedar Avenue and the Minnesota River. Enclosed on page LL is a copy of the expanded area requested by the DNR. Also enclosed on page /d2, is a detailed map showing the owners of that property. Part of the area belongs to Joseph Kennealy and the remainder to the City of Eagan. The Kennealy's have given written permission to the DNR to permit the inclusion of their property in the hunt. The DNR is requesting the City's permission as well. A copy of the Kennealy's signed permission is enclosed on pages through 14, for your review. If the City Council approves the expansion of the hunt boundaries as well as permission to use City-owned property for the hunt, it will affect the special hunting permit previously given to Mr. Jim Yanta. Mr. Yanta had previously received permission to bow hunt on the Kennealy property at the Council meeting of August 20. The DNR has indicated that since it has received the Kennealy's permission to hunt on their property, Mr. Yanta will not be able to hunt during the weekends when the DNR program is in effect, unless he applies for and receives special permission to hunt from the DNR. Staff would advise the DNR that any arrangements in this regard will be between the DNR, Mr. Kennealy and Mr. Yanta. The Engineering Division has indicated that there is nothing on the City-owned property that would be jeopardized by the hunt. Mr. Wally Bartel, Park Manager for the Fort Snelling State Park, will attend Thursday evening's meeting to answer questions in this regard. 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 as presented. STATE OF l.s � }�•,q, DEPARTMENT OF NATURAL RESOURCE ""` -=' PHONE NO. (612) 445-9393 June 12, 1990 PNLE NO. TO: Eagan City Council l=: G U _ •Pal: Jon Parker, Area Wildlife Marager• rTw-4 I 3 '�O' ; ', Area Wildlife Office 118 S. Fuller Street. #3 i J Shakopee, MN 55379 PROPOSAL: 1991-1993 ALTERNATIVE DEER CONTROL PROGRAM FORT SNELLING STATE PARK MINNESOTA VALLEY NATIONAL WILDLIFE REFUGE BL00NINSTON OPEN SPACE LAMS 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 induce 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 DATS: 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. • ALTERNATIVE DEER CONTROL AREAS: The area labelled F3 on the attached map would be included in the program in Eagan. This includes DNR Fort Snelling State Park lands only. NUMBER OF PARTICIPANTS: Approximately 123 per weekend for the entire area; actual numbers would be based on one participant per 25 acmes. Numbers of participants in Eagan Ti 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. - NCMBER.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 antlerless deer would be taken. If we do not reach the goal, the remainder would be taken by sharpshooting, if passible. • LICENSE: All participants must have pi. chased a 1991 deer license. AN EQUAL OPPORTUNITY EMPLOYER • Eagan City Council Page 2 June 12, 1991 ORIENTATION: All participants must attend an orientation session conducted by the Department of Natural Resources and US Fish & Wildlife Service. SPECIAL R:GULATI ONS: Same as previous controlled bunts. (Attachment fa) 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 and US Fish & Wildlife Service Enforcement Officers as in Fast years. • • • • • • Hunting Zones • 1991-1993 f FORT SNELLING STATE PARK & Minnesota Valley National Wildlife Refuge �. u1i :wii1 :uI::iwim/ ; 1 • — ',j, ` v .MKD `_rt ♦ Sts•Darn rs. l• _ rpm 1/1//1/Ilr�lil !if .� .) rf __,., �1�1/1/ //IIIIIIIIIIIII� r-' 4_ I. ° /1111' i' „N,� Q _` : j, . --�,-_ ++ tLS.FWS stage Ndpra l' F II J.:: :,.t` :..• •.j .1114.1.. 1:711111'.••• • fl:II•: ici• i L , e `_ --=.�'`� _ _ ••1•.i� w.•'4 �•.�: •1•�I�:r�`t•. •�,.it"•-til'1•► .!!R •••i -'/ - �f '�;••,=M1• ` ...fill 1 - J 1111111111111 -L..4r-il Ir i iii.i.4„, ririiminlif[ill • f �. 1 #41 1111•r1111111X _�.:4 : pies.,,e 4 K .r i = •• ••,::...y. ' tilt St. . y!fS, > {i 1 c •w• •ii.�i.:,, , ♦ Mr• r y :.:.* G • N1 4..• ..;f .ns Osk Rel. �''•* BLOOMINGTON i, *.' "° = .;A. •,.....n.:•..,. • • .�,1 1.. f illy t I A\r a,..-( ��.. • • ..491612.11. 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Niii . • i .• r• • • Legend •rzi Hunting tens Seale in feet u • Perking lot Leek Doq Lake Unit Ong Msioos lass unit F Fort Snelling State Park ' •• Alternative Deer Control Program /D 0f_.1jLrr, �� .�� ,.:::'�k.�i :,anti';r„ -°' ' ow — --p ,..,i -::: , F-1 •.11 1 ,- mitFii:i„..-; :;.•,.•. -Ne. ::h gf- : i--- 0 ' . -‘ 4ii=„1.. ,i .„ w-- ,„ r: :,. 4,:.,.•,_„---4, •. . „ .: .. .,,,,,,,,,,.. e . fel 1 : t_ _ 0470 Fut..... 1 __ )3349 it,S40 a •e, . i . rip- 16')„-",c.,_.,,_: a • ... •. --`.,• :. '•-•:,,:x ,.-...tzt.i, -::: i-j ,...4 likm_ ,,, - - ; - Ov 4.iin ti-,::•z:— , l A., !O� SIC , :I ::full:#'ihd:■I .7. , .' a t• eon, ''tury - i 4 RA g *$4 i IA:i ow=14 g;ii i. ...i s:::: 4 16% I ::: 11111:!, ...... .1.. — . — 1 311:::::I. ,11,11 .4..qt.'. 11t4r,' . l' . ...�v Q :Y lttoOfi .. v am Iiiii /W: :,f.. .r1,.� y .:::: .. . :i 1:3-:::404k:4: 9 Srt�d.... Imo' II: Q• ;; �r',t ( 9 �-nraeil li I4. . il • .. ::(IOJ9MC311 i i1v� : (4••:•C' ►.`� p ?yt ' ..,, !. 0 %TIM :::. kgi" ... if *; if. ::11 .. "IL il .....attr• . 9.pririgmssizin : :: .::::4 4 . ... :: _t. , :: ..il: ...J. , 0241:1111': foi - . ;v ° •• 4g:it. .,;•-- - ''' Et, - , 1 ,:i .. •. ,. i ....,:: 11 : . ,„, 1* /(0;-.,: it ti..,) 1- Irl�"eFilit:: 11140::7: , ,, ,,,,,t4itik Imo!! : .. 1��1>�Nt '+��qq ; ` . .. :1:::::: uud f Al 111 4,* .3 a ii am, tit _\ .:x.', 4 •i ' ..iii : ■ • F s . . c Ma Li 1 •-.4. .: N,,,_ '•;Vh.L41 .1 , . aeil g_,-;:v•-.;1.. 1:: :11-.::: WIG I" r�_"j �/ l_: r � * 47I %j �1 :t A' •� l/»/./'rj.� iz: I � 4 `i . ICI ' .1; • • : �1 �' \/, a:: 1Y:Icr �, ar tea. : : it/...... —.7,ov::., la ;foil .._•::. •14:f., Nfiew , ii 4, TritiVaM :::30<ow„. -.41k4hiMi. Ezi. .....,::::41.:4,'••.Tit"IN ..• .'v.uNdifil ea.! 3C IF.ctc ,p., :gv:. ;Ai.•:.: - - - • . rt.. gil --. , . • • _ _ 44 1 , 727, i. A41i • \ - - PT. i c`s Jose,01i 4 E/�za /h /fwnw, 'a/y qi Ois -52 Fo 14 IP eh,/ # �.`pp fro Lot 4 S I /v . iO�'c G 10-53 f�' • ,/ F,C gri . I \% • w •, v 010-54 , e " ; - . 4. # ../?7," • 4.0 s .Y y Oil-II a� Fort Snelling TEL:612-727-3099 Aug 31 ,92 9 :53 No .001 P .01 STATE� O F D {EPARTMENT OF NATURAL RESOURCES PHONENO. (G12) 725-2390 Fort Snelling State Park ENO_ Highway 5 find Post'Road Saint Paul, MN 55111 August 21, 1992 Mr. Joseph W. Kennea]y 2115 Silver Bell Road Eagan, MN 55122 Dora- Joe, As we discussed today by phone, the DNB and the U.S. Fish and Wildlife Service are planning to conduct a door hunt in portions of the State Park and the Minnesota Valley National Wildlife Refuge. The major effort will be to remove deer from the Black Dog units of the Refuge, and one of the concerns is that deer may try to migrate northwards into Fort Snelling State Park to avoid the hunters. Therefore, part of our hunt strategy would be to assign no more than 5 hunters to the Fort Snelling State Park unit which is bounded by Nichols Road on the south, and by Black Dog Creek and a line drawn easterly to the C&NW railroad as the north boundary of the unit. Obviously this unit contains property belonging to you, and we hereby request your permission to allow the afore-mentioned hunting aotivity on such property for the weekends of November 28th and 29th, and December 42 thru firth, December 11th thru 13th, 1992. Your signature below indicates your approval. We look forowird to working with you. Respectfully, W Fort Snelling State Park Highway 5 and Post Road Saint Paul, MN 55111 I hereby authorize the miff and the U.S. Fish and Wildlife Service to utilize my property for the 1992 Deer Control Program. der ' tire )nte /3 AN EQUAL OPPORTUNITY EMPLOYER R=9595 612 727 3099 08-31-92 10: 11AM P001 #46 vt ' ANI NORN11111 PHI a0 ANI u►Yrp 'PN Ovid FM OIi1/ vev1NOd 40Ly ld11yNid eilNNM i1YA d 1YtOu UO o A C Tmesu •HW 'NOLONWtoOle 1M IN HUN 10Yi olle UM UN 11OCUW adllol,M 'MOWN AttI wA YIOiiNNiNI IMAM e/11011M ONY HS1i MOsmus I 111M11fYb6 S1LYIC Own DNR AND V.S. FISH AND WILDLIFN SUVICE ANNOUNCE DETAILS OF FORT SMELLINO/NINNBSOTA RIVER VALLEY AIMEHATLYLIESLAMIZIMILAMM • Details of a unique deer control program deligned to lower deer populations on public lands along portions of the Minnesota River east of Interstate 35W have been finalized. Any licensed 1992 Firearms or Sow and Arrow dear hunter may apply for one of 168 permits that, along with the purchase of a Deer Management Permit, would allow the taking of deer by shotgun in portions of Fort Snelling State Park and the Minnesota Valley National Wildlife Refuge. Only five (5) permits/ tine period will be teamed for Fort Snelling State Park, Permits will be issued for three periods: November 26th & 29th (2 days), December 4th - 6th (3 days) and December 11th - 13th (3 days). The Deer Management Permit would allow participants to take a deer during one of the time periods, even if • hunter tags a deer during either the regular firearms or bow and arrow seasons. Officials cautioned, however, that in no case can anyone tag more than two deer in a season.. Five (5) permits during each time period will be for either sex deer. To apply for the Alternative Deer Control Program, A F0I , CARD with the applicant's name, address, work and home telephone numbers, first and second preference for dates, and the applicant's 1992 firearms ahoy and arrow license number must be submitted tot Minnesota Valley Alternative beer Control Program Minnesota Valley National Wildlife Refuge 3815 E. 80th Street Bloomington, Minnesota 55425.1600 Postcards must be received at the above address by 4:30 p.m. on September 10th to be eligible for the drawing. Up to 4 persons may apply as a party by mailing • all applications in one envelope. Either the entire party will be selected or none will be selected. All members of a party must indicate the same first and second preference for dates. Successful applicants will be notified by September 30th and wilt be required to attend an orientation session. The orientation session for all time periods will be held the evening of Wednesday, October 21. The U.S. Fish and Wildlife Service will be charging an administrative fee ($2) for each permit issued. Also, participants will be required to purchase a Deer Management Permit ($12) at the orientation session. The session will inform hunters of some special regulations that have been implemented for this program including requirements that all deer be taken by shotgun from temporary or portable elevated stands, check-in and deer registration procedures. Also, permittees under age 16 must be accompanied by an adult with a valid permit to participate. • The Alternative Deer Control Program is the result of recommendations from a task force composed of representatives from verious public agencies and private Interests that met to develop deer management strategies for this unique urban area. The program was subject to approval from the cities of Bloomington, Burnsville, Ragan and Mendota Heights. Agenda Information Memo September 17, 1992 City Council Meeting B. FINANCE DEPARTMENT Item 1. Policy for Obtaining Quotations/Bids—In the 1992 Legislative Session,amendments were made to the Minnesota Contract/Bidding Law. Prior to the legislation, sealed bids were required if the estimated amount of the contract was expected to exceed$15,000. This dollar amount limit was increased to $25,000. The law also previously provided for a choice of sealed bids or direct negotiation for contracts estimated to exceed $10,000, but not to exceed $15,000. The upper end of this range was also amended to $25,000. As a result of this legislation, a revised City policy was prepared and subsequently reviewed and agreed to by the Department Heads. Enclosed on pages /l through /7 is a copy of the proposed new policy. In addition to making the changes allowed by the new State law, three additional paragraphs were added to clarify when additional City Council action is required relative to the entering into contracts or making purchases. For comparative purposes, the previous policy is enclosed on page /�. Both the old and the new policies are more restrictive than minimum requirements as contained in the law. The Department Heads are in agreement that adequate flexibility is contained in the . proposed policy and the additional restrictions legitimately serve the public interest. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the proposed City policy for obtaining quotations/bids. /� 9-1-92 DRAFT FOR CITY COUNCIL APPROVAL EAGAN CITY POLICY FOR OBTAINING QUOTATIONS/BIDS This policy establishes uniform dollar amounts upon contracts which shall or may be entered into by the City on the basis of competitive bids or quotations for purchase or sale in the open market. Any deviations should be clearly documented and recorded as to special circumstances necessitating the deviation. Dollar Amount Requirements Over $25,000 Advertised and sealed bids $15,000-$25, 000 At least two sealed quotations on specifications as outlined on the City's "Request for Quotation" form (Exhibit B) or on a form designed by a depart- ment providing the same infor- mation. $5,000-$15, 000 At least two verbal quotations noted on the purchase order/ requisition or other similar documentation. Under $5,000 In accordance with the City's general purchasing guidelines. Advertised/Sealed Bid Requirement Competitive bidding must be used when the amount of a contract is estimated to exceed $25,000 for the sale or purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. Requests for competitive bids are required to be published once at least ten (10) days before the last day for submission of bids. Either specifications or a memo listing where they can be found on the merchandise, materials, equipment, etc. , shall be on file in the office of the City Clerk. Copies of the specifications will be furnished on request to any prospective bidder. A monetary deposit may be required to guarantee their safe return. Bids shall be directed to the Clerk, securely sealed and endorsed upon the outside wrapper with a brief statement describing the property on which the bid is being submitted. The Eagan City Council reserves the right to reject all bids. Ouotation Requirements Competitive written quotations must be received when the amount of - a contract or purchase is estimated to exceed $15, 000 but remains /� less than $25,000 for the sale or purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. At least two written, sealed quotations must be received on specifications prepared by individual departments. At least two verbal quotations must be received and noted when the amount of a contract or purchase is estimated to exceed $5,000 but remains less than $15,000. As long as two or more quotations are received, the City is not required to advertise for bids or otherwise comply with the requirements of competitive bidding. It is, however, advisable to advertise to the best of the department's ability so that competitive quotations may be received. Quotations that are received shall be kept on file for a period of at least one year after receipt thereof. The Eagan Council and/or staff reserves the right to reject all quotations. All proposals and specifications in either the quotation or bidding process must be so framed as to permit free and full competition and must be sufficiently definite and precise to afford a basis for comparable bids. Contracts that are awarded as a result of the quotation/bidding process shall be awarded to the "lowest responsible bidder." All items in excess of $25,000 require the City Council to award the bid for the purchase or contract. All budgeted items less than $25,000 can be purchased by staff with payment being subject to City Council approval. Any non-budgeted item in excess of $5,000 requires City Council approval before any commitment to purchase can be made. Bidding requirements are met if goods or services being purchased have been bid through any cooperative purchasing arrangement and the City price is the same as or less than the documented low bid. On purchases being made over a period of time, e.g. , motor fuels, water meters, etc. , steps are to be undertaken to show that competitive prices have been received by the City. No attempt to avoid bidding requirements by splitting a contract into several contracts each of which is below the minimum amount requiring bids is to be made. Purchases over a period of time to meet City utilization requirements is not considered an attempt to avoid bidding requirements. //7 EAGAN CITY POLICY FOR OBTAINING QUOTATIONS/BIDS This policy establishes uniform dollar amounts upon contracts which shall or may be entered into by the City on the basis of competitive bids, quotations or purchase or sale in the open market. Any deviations should be clearly documented and recorded as to special circumstances necessitating the deviation. DOLLAR AMOUNT REQUIREMENTS • Over $15,000 Advertised and sealed bids $2,000-$15,000 At least two sealed quotations • , on specifications as outlined on the City's "Request for Quotation" form (Exhibit B) or on a form designed by a depart- ment providing the same inform- ation. Under $2,000 In accordance with the City's general purchasing guidelines. Bid Requirements Competitive bidding must be used when the amount of a contract is estimated to exceed $15,000 for the sale or purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. Requests for competitive bids are required to be published once at least ten (10) days before the last day for submission of bids. Either specifications or a memo listing where they can be found on the merchandise, materials, equipment, etc., shall be on file in the office of the City Clerk. Copies of the specifications will be furnished on request to any prospective bidder upon a monetary deposit to guarantee their safe return. Bids shall be directed to the Clerk, securely sealed and endorsed upon the outside wrapper with a brief statement describing the property on which the bid is being submitted. The Eagan City Council reserves the right to reject all bids. Quotation Requirements Competitive quotations must be used when the amount of a contract or purchase is estimated to exceed $2,000 but remains less than $ 15 ,000 for the sale or purchase of supplies , materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. At least two sealed quotations must be received on specifications prepared by individual departments. As long as two or more quotations are received, the City is not required to advertise for bids or otherwise comply with the requirements of competitive bidding. It is, however , advisable to advertise to the best of the department's ability so that competitive quotations may be • received. Quotations that are received shall be kept on file for a period of at least one year after receipt thereof. The Eatlan Council and/or staff reserves the right to reject all quotations. All proposals and specifications in either the quotation or bidding process must be so framed as to permit free and full competition and must he sufficiently definite and precise to afford a basis for comparable bids. Contracts that are awarded as a result of the quotation/bidding process shall be awarded to the "lowest responsible bidder" . /471 • Agenda Information Memo September 17, 1992 City Council Meeting comm. ; E. D There are twelve (12) 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. Police Officers --The City of Eagan currently has openings for four police officers. Approximately 250 applicants were invited for testing for the position. From the results of this testing, 50 applicants were given a second test. From the results of the second testing, 30 applicants were selected for interviews. The top 12 candidates were then given background investigations. After the background investigations, the top 6 candidates were given a final interview. Following this process, it is the recommendation of Chief of Police Geagan that the following four persons be hired as police officers for the City of Eagan, subject to successful completion of the City's physical, psychological and drug testing procedures: Robert Stephens, Jennifer Wills, Christopher Erickson and Duane Pike. For the Council's information, a hiring list is being established for possible future vacancies. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Robert Stephens, Jennifer Wills, Christopher Erickson and Duane Pike as police officers for the City of Eagan, subject to successful completion of the City's physical,psychological and drug testing procedures. Item 2. Seasonal Parks Maintenance Workers--Due to the resignation of a number of seasonal parks maintenance personnel, it was necessary for City Administrator Hedges to approve the hiring of two seasonal parks maintenance workers since the last City Council meeting. These persons are Mark Kesti and Stanley Schneider. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Mark Kesti and Stanley Schneider as seasonal parks maintenance workers. PLUMBERS LICENSES B. Licenses, Plumbers--City Code requires that plumbing and mechanical contractors operating within the City of Eagan be licensed on at least an annual basis. Enclosed on page is a list of those plumbing contractors whose applications are in order for consideration by the City Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. /7 LIST OF PLUMBERS FOR APPROVAL SEPTEMBER 17, 1992 1. BURNSVILLE ELECTRIC 2. GROTH WATER & SEWER 3. LEVASSEUR PLUMBING 4. MARK'S PLUMBING 5. MID-CITY MECHANICAL 6. MINNESOTA PLUMBING & HEATING 7. PETERSON PLUMBING 8. SWANSON PLUMBING & HEATING, INC. 9. TWIN CITY LINDSAY, INC. 10. WIDMER, INC. c2 O Agenda Information Memo September 17, 1992 City Council Meeting ON-SALE LIQUOR LICENSE/MANAGER/APPLEBEE'S RESTAURANT C. Approval of Manager for On-Sale Liquor License, Applebee's Restaurant--An application for on-sale liquor license was previously approved for Applebee's Restaurant contingent upon the identification and investigation of the restaurant's manager. Enclosed without page number is a copy of the Police Department's staff report reflecting the investigation of Lisa Herboldt, who has been named manager of Applebee's. The Police Department has identified no reason to deny this item as a condition of completion of the liquor license. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Lisa Herboldt as manager for the on-sale liquor license for Applebee's Restaurant as presented. / 1 Agenda Information Memo September 17, 1992 CONT. 92-12, RECEIVE BIDS/AWARD CONTRACT POPPLER ADDITION D. Contract 92-12, Receive Bids/Award Contract (Poppler Addition-Streets and Storm Sewer)--At 10:30 a.m. on Friday, September 15th, formal bids were received for the above- referenced proposed public improvements. Enclosed on page * is a tabulation of the low bid in relationship to the estimate contained in the feasibility report presented at the public hearing held on August 18, 1992. At the time of the public hearing, it was acknowledged that there may be some objections to the assessments from one of the existing homeowners, if not the developer himself. Subsequently, the Council directed the staff to ensure that the developer would cover all costs not sustainable through special assessments as a part of the final plat development contract. Due to the fact that this development is not ready to have its final plat and related development contract agreement considered for approval, it is recommended that the consideration of awarding this contract be continued until final plat approval or October 30, 1992, which is the latest date the contractor is obligated to honor his low bid submittal. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 92-12 (Poppler Addition-Streets and Storm Sewer) and continue consideration of contract award to coincide with final plat approval or October 30, 1992, whichever is first. * The bid tabulation will be distributed as a part of the Additional Information packet. c:>? Agenda Information Memo September 17, 1992 City Council Meeting PROJECT 642, RECEIVE FEASIBILITY REPORT/ ORDER PUBLIC HEARING (CRESTRIDGE DRIVE-STREETS) E. Project 642,Receive Feasibility Report/Order Public Hearing(Crestridge Drive-Streets)- -On September 1st, the Council received a petition and authorized the preparation of the feasibility report to complete the street improvements on Crestridge Drive to provide service to the Duckwood Crossing development. This feasibility report is proposed to be completed by the September 17th Council meeting. Subsequently, it would be appropriate for the City Council to order a public hearing to be held on October 20th to formally present and discuss these proposed improvements. A copy of the feasibility report will be distributed with the Additional Information packet. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 642 (Crestridge Drive-Streets) and order a public hearing to be held on October 20, 1992. CONTRACT 92-14, APPROVE PLANS/ AUTHORIZE AD FOR BIDS (CRESTRIDGE DRIVE-STREETS) F. Contract 92-14,Approve Plans/Authorize Ad for Bids (Crestridge Drive-Streets)--Along with the petition requesting the preparation of a feasibility report, the developer also requested the simultaneous preparation of detailed plans and specifications as necessary to allow construction to be completed yet this year. Subsequently, these plans and specifications have been completed and are being presented to the Council for their consideration of authorizing the competitive solicitation of bids. This would allow the feasibility report to be modified at the time of the public hearing to reflect actual bids received and if the project is approved, the contract could be awarded at the same meeting on October 20th. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans and specifications for Contract 92-14, (Crestridge Drive-Streets) and authorize the advertisement for bid opening to be held at 10:30 a.m. on Friday, October 16, 1992. 073 1 Agenda Information Memo September 17, 1992 City Council Meeting CONTRACT 91-11, APPROVE CHANGE ORDER #1 (WELL PUMP #16) G. Contract 91-11, Approve Change Order #1 (Well Pump #16)--This Change Order provides for the extension of the completion date from May 31st to November 5th. This extension was necessitated due to the problems in the completion of the drilling of this well beyond the contractor's control prohibiting him from starting the pump and pumphouse construction on the original contract time table. Also included is the installation of landscaping improvements to this well (#16), the existing Timberline Well and Well #7 which is part of our requirement through the easement negotiation process which was recently completed. The amount of this Change Order results in an additional $3,664 which will be the responsibility of the Utility Supply and Storage Fund. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 91-11 (Pump and Pumphouse #16) and authorize the Mayor and City Clerk to execute all related documents. PROTECT #589R. RECEIVE FINAL ASSESSMENT ROLL (ELRENE ROAD AND TRAILS END ROAD) STREETS AND UTILITIES H. Project #589R, Receive Final Assessment Roll (Elrene Road and Trails End Road) Streets and Utilities--The construction has been completed, all costs tabulated and the final assessment roll prepared for the street and utility improvements performed along Elrene Road and Trails End Road (formerly Kost Road). This roll is being presented to the City Council for their consideration of scheduling a final assessment hearing to formally present the final assessable cost to all affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 589R (Elrene Road and Trails End Road (Streets and Utilities) and schedule a public hearing to be held on October 20, 1992. G>2 Agenda Information Memo September 17, 1992 City Council Meeting • STIPULATION OF SETTLEMENT/JOEL & ELAINE GREER I. Resolution and Ratification of Stipulation of Settlement,Joel &Elaine Greer--Enclosed under separate cover is a memorandum and the stipulation of settlement for Joel & Elaine Greer relative to public improvement project 543R. This item was previously discussed by the City Council and this stipulation reflects the discussion held at that time. Enclosed on page is a resolution adopting the settlement agreement as presented. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a ratification of the previous Council action and approve a resolution adopting the settlement agreement for Joel & Elaine Greer relative to a public improvement project #543R as presented. s 1 SENT BY: 9-10-92 ;10:44AM ;SEVfRSON WILCOX SI-EL 612 681 4612;# 2/ 2 RESOLUTION OP CITY OP EAGAN ADOPTING SETTLEMENT AGREEMENT WHEREAS, Joel Greer and Elaine Greer are the owners of property in the City of Eagan with the Property Identification Number of 10-77250-062-00 ("Subject Property") ; and WHEREAS, on July 2, 1991, the City of Eagan assessed the Subject Property a total sum of $16,812.45 for sanitary sewer lateral, water lateral, services, and street by area and front foot as part of Public Improvement Project No. 543R; and WHEREAS, Joel Greer and Elaine Greer brought an action in District Court appealing the sum of the assessments for Project 543R known as Joel Greer and Elaine Greer v. City of Eagan, Court File No. 19-C6-91-7958; and WHEREAS, settlement of this dispute includes the attached Stipulation. NOW THEREFORE, BE IT RESOLVED, that the Eagan City Council hereby adopts the attached Stipulation for Settlement concerning the Greer Assessment Appeal and authorizes the Mayor and City Clerk to execute the Stipulation on the City's behalf. Pursuant to Minn. Stat. §429.061 and Eagan City Code Section 2.76, the Greers may make a partial payment in the sum of $3,250.00 against the reassessment and interest prior to certification of the reassessment to Dakota County Auditor. CITY OF EAGAN By: Thomas A. Egan Its: Mayor Attest: By: E. J. vanOverbeke Its: City Clerk R=95% 612 432 3780 09-10-92 10:43AM P002 #40 Agenda Information Memo September 17, 1992 City Council Meeting COVENTRY PASS 4TH ADDITION/FINAL PLAT J. Final Plat, Coventry Pass 4th Addition--All documents relative to the final plat of the above-referenced subdivision have been completed and are being reviewed by the applicant and Community Development Department. If all items are complete and executed in time for next Thursday's meeting, this item will be in order for consideration at that time. If not, a recommendation will be made at the time of the adoption of the agenda to continue the item. A copy of the plat as it appears for filing at Dakota County is enclosed on page?Z for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat of Coventry Pass 4th Addition as presented. c7.? 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'' y N F "t"--. -; •L- �/ "♦ �r..�s_ //¢' ) k L „:, (� il .A\ F ,•/non.• rA , ,:t.,..— h 1 rte.. 11• ' _ -;,;o-, /1. ' �—.- _ f-' rNl Ills .I �, "'�+• a' • t1 tall � s R � •f i la I i i b w.• i• -A Foi/eke�, L 1 Li6°n_ _ F� p 1 [[1311 I 1: t• %�ss�«..,- <��I qua I 1 • # • " •, Latta t••..st.o w ,� ,:4-4.-... 3:i'7 H53•,r•tc.w t "11� ' �a T Hell lit I 1 • , .eitt,,,;.:51--r4-1• ''‘ I 1' 1 `'4 IN, I (72 e, 4. ,. . 1 Agenda Information Memo September 17, 1992 City Council Meeting LANDFILL ABATEMENT FUNDING K. Resolution,Dakota County Landfill Abatement Funding Application--Enclosed on pages 3Q through 3g is a memorandum from Recycling Intern Moga covering an action by the Solid Waste Abatement Commission recommending Council approval of the 1993 landfill abatement funding application. A copy of the application is an attachment to Ms. Moga's memo and reflects the City's solid waste and recycling budget as presented to the Council as part of the organizational budget process. The application anticipates funding in the amount of$36,122 to be received from the County. That dollar amount is based on $2 per household, the funding level adopted by the Dakota County Board. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the City of Eagan Dakota County landfill abatement funding application for 1993 as presented. C 9 TO: CITY ADMINISTRATOR HEDGES FROM: RECYCLING INTERN MOGA SUBJECT: 1993 DAKOTA COUNTY LANDFILL ABATEMENT FUNDING DATE: September 8, 1992 At its regularly scheduled meeting of August 25, the Solid Waste Advisory Committee recommended that the Eagan City Council pass an official resolution requesting Landfill abatement Funding from the County. An official request from a governing body is required to receive finding. This funding is performance based and covers such costs as promotional and educational costs and certain eligible administrative costs. This funding request is consistent with the budget already passed. A copy of the narrative part of the application, a budget summary, and the Minutes of the Solid Waste Abatement Commission Meeting of August 25, 1992 . 0 Recycling ern / cc: Assistant to the City Administrator Hohenstein Subject to Approval MINUTES OF THE SOLID WASTE ABATEMENT COMMISSION Eagan, Minnesota August 25, 1992 A regular meeting of the Eagan Solid Waste Abatement Commission was held on Tuesday, August 25, at 5:30 p.m. Present were Dan Breva, Denny Seiz, Floyd Hiar, Patrick Frater, Terry Jacobs, Wally Wall, Craig Seim, Jim Raushnot, Cheryl Duzek. Also present were Assistant to the City Administrator Hohenstein, and Recycling Intern Moga. AGENDA The agenda was approved without modifications. MINUTES The minutes were approved with no additions. IV. NEW BUSINESS A.Dakota County Community Landfill Abatement Grant The budget summary for the County Landfill Abatement Grant was distributed to the Committee. The summary showed what the County Grant would pay for and the city's hare. Hiar questioned what contractual services included. Hohenstein indicated that he thought that money was for a spring clean-up day. In order to receive this funding, the City's governing body must formally request it. This item required a recommendation from this Committee to the City Council to request the funding. The motion to recommend that the Eagan City Council request the Landfill Abatement Funding passed by a majority of members. Craig Seim introduced Jim Rauschnot and announced that Rauschnot would be taking his place on the committee. STAFF REPORT Moga began the staff report with an update on progress towards the 16% recycling goal. The meeting materials that were mailed to the committee members indicated that the city was 3% behind its goal for the year between the time the materials were mailed out and the meeting, County Staff came up with some additional hauler numbers. In addition, yard waste was not added in to the original figure. With those two things added the City is slightly exceeding its goal of 16%. An update was given on the Dakota County Yard Waste Compost Site. The City Council voted to extend the site to February of 1993 while negotiations continue with the County, R.D. Pecar and Gopher Smelting. The Committee was also given a brief update on the Polystyrene 3/ ATTACHMENT 1 1993 COMMUNITY LANDFILL ABATEMENT FUNDING APPLICATION • City/Township: Eagan Date Submitted: Address: 3830 Pilot Knob Rd Program Period: 1/1/93 to Eagan, MN 55122 12/31 93 • I. If this is a multi-community project, please list all participating communities and the lead community or agency for the project, and attach a copy of the Joint Powers Agreement. Not Applicable II. Please provide a brief overview of 1993 abatement activities; indicated whether these are a continuation of existing programs expansion of existing programs; or new programs: (If more space is needed use extra sheet. ) See Attachment • 3 ca 4 1993 Landfill Abatement Funding Application II. Overview of 1993 abatement activities o Weekly curbside collection is available for recyclables. ` Single family to four-unit households. A number of townhome complexes are also served. There is same day collection for recyclables and refuse. Residents are supplied with two stackable containers for recyclable materials. The materials collected in the curbside program include: newspapers, glass, food and beverage cans, plastic bottles, corrugated cardboard and magazines. Magazines were added to the curbside collection program in 1992. o Residents living in multi-unit housing complexes (5+ units) also have the opportunity to recycle. Collection systems vary from complex to complex. The most common system is the use of 90 gallon containers placed adjacent to or near trash enclosures. o There are drop-off opportunities for aluminum cans and plastic (LDPE) grocery and produce bags. The local Cub Food Store collects plastic bags and a private vendor operates an aluminum can redemption machine on the premises. Rainbow Foods also collects plastic bags. o Recycling continues at City Buildings. All of the recyclable items in the curbside program are recycled with the addition of office paper. The City of Eagan is always examining ways to reduce waste in the City's day to day business. o Recycling of aluminum cans continues in Eagan's Parks. o The Dakota County Yard Waste Compost Site in Eagan continues to be in operation. o Business will be required, by City ordinance, to recycle at least two targeted recyclables in January of 1993. A working group composed of members of the City's advisory committees is presently beginning work on how best to phase in the new ordinance to ensure compliance. 1 33 III. Complete the following section for all applicable activities, whether a continuation or expansion of existing activities or new activities for 1993: A. Curbside Collection of Recyclables: 1. Number of households to be served: 11, 846 2. Frequency of collection: 4111:::11/0 bi weekly other 3. Number of Residential Recycling Haulers: 8 . 4 . Materials collected (circle all that apply) : newspaper mixed paper food cans beverage can glass ` elastics used oil magazine corrugated cardboard other (specify) 5. Expected abatement from curbside: 3,500 tons. $. Drop off Center for Recyclable Materials: 1. For each drop-off center please provide: a. Operator: Walt Sentyrz Address: Cub Food Store, Cliff Lake Rd. , Eagan Days/Hours of Operation: 365 days/year Materials Collected: can redempion machine for aluminum cans b. Operator: Cub Foods c. Rainbow Address: Cliff Lake Rd. Town Centre,Eagan Days/Hours of Operation: 24 hours 24 hours Materials Collected: Plastic LDPE bags Plastic LDPE bags 2. Expected abatement from Drop Offs: 30 tons. 3 5 . I C. Multi Family Recycling 1. Total number of units served: 6,215 . 2. Total number of buildings served: 210 • 3. Frequency of collection/collection method(s) used (description) : (see attached) 4. Materials collected (circle all that apply) : paper mixed paper food cans beverage cans •lass plastics used oil magazines corrugated. cardboare other (specify) 5. Expected abatement from multi family units: 550 tons. D. Yard Waste Program 1. Please provide a brief description of the community's role in yard waste collection. (See Attached) 2. Drop off: (Complete the following only if this is a community owned/operated yard waste collection site) . Location: Hours: Fees: 3. Expected yard waste abatement in 1993 (curbside/drop off) : 580 tons. 1 Multi-Family C.3. Most operate with containers for recycled materials adjacent to trash enclosures. Some buildings have separate container areas in parking garages or free spaces. Collection is a minimum of once a week. Yard Waste D.1. Refuse haulers may collect separate yard waste from residents. Back yard composting by residents is still increasing. The Dakota County Yard Waste site in Eagan, just south of the Municipal Center, remains open and in use until early 1993, when a new site near Gopher Smelting is scheduled to open. E. Business and commercial establishments will be required, by City ordinance, to recycle at least two of the six items picked up in the curb side program. A group with members from advisory committees to the City Council is meeting to discuss business compliance with this and other applicable ordinances. There will be continued technical assistance as needed as well as providing waste reduction information to businesses. The City also distributes white office paper recycling boxes when requested. The City will continue to work with the County staff in commercial recycling and waste reduction. E. Describe any commercial/industrial recycling activities you will undertake in 1993 (this is not a required program) . F. Describe program specification public education/promotional activities that will be undertaken in 1993 . - residential: a minimum of one written communications must be sent to each household in 1993. --There are four City wide newsletters per year. Each has four pages of "HERO Highlights" which gives information on Eagan's recycling program. --One City wide brochure explaining Eagan's recycling programs with phone numbers for further information. - ifItt/MitiTcrniaoidies den s rti]I%i41 P s„S 'resenEations must be made in schools in 1993. u `* --Four to six visits to schools located in the City with possible special presentations around Earth Day. - commercial/industrial • --Possible meeting or conference with the Chamber of Commerce on business recycling. G. Describe your in-house recycling/procurement program. --There is collection of newspapers, magazines, office paper, glass, metal, plastic bottles and corrugated card - board at the Municipal Center, Fire Administration, and Maintenance Facility. --The City is continuing to increase its use of paper and paper products made with post consumer materials. IV. Work Plan Dakota County will distribute any approved funding in two equal payments, provided communities meet specified development objectives. Please provide a work plan for 1992 and highlighted the objectives to be met by the following dates: o June 15 See Attached • o December 31 3 7 1993 Landfill Abatement Funding Application 1993 WORK PLAN DATE PROGRAM ELEMENT 1/30/93 Community Annual Report Due 1/93 to 6/93 Continued Program Promotion -monthly newspaper display ads -multi-family promotion follow-up/ correspondence -2 citywide newsletter distributions with sections on city recycling information -school presentations 2/1/93 Payment #1 4/93 -Earth Day Celebration 5/93 -5th Annual Clean Up Day 7/93 to 12/93 Continued Program Promotion -monthly newspaper display ads -multi-family promotion follow-up/ correspondence -2 citywide newsletter distributions with sections on city recycling information -school presentations 7/93 Program Revision Due 7/4/93 Fourth of July Parade 7/15/93 Progress Report Due 8/1/93 Payment #2 3K V. Budget January 1, 1993 to December 31, 1993 County Community Reimbursement Share Total Administrative Costs: $15,000 $13,350 $28,350 Direct Salaries 300 300 Direct Mileage 300 300 Other Promotional Education Residential Printing 8,600 8,600 Residential Distribution 8,622 8,622 Commercial Printing 600 600 Commercial Distribution 400 400 Other (Advertising) 2,900 2,900 Other Costs: Reference Material 100 100 Operating Supplies 100 Local Meeting 700 700 Contractual Services 3,000 3, 000 TOTAL $36,122* $17,850 $53,972 Requested Funding From the County: $36, 122 ** * Unexpended 1992 funds 'may not be carried over to 1993 . ** Request may not exceed that amount shown on the Maximum Reimbursement Schedule c7:37 Agenda Information Memo September 17, 1992 City Council Meeting RESOLUTION SETTING PUBLIC HEARING/REFUNDING HOUSING REVENUE BONDS/CINNAMON RIDGE PROJECT L. Adopt Resolution Setting Public Hearing for Refunding $11,350,000 Multi-Family Housing Revenue Bonds - Cinnamon Ridge Project--In 1985 the City Council approved multi-family housing bonds for the Cinnamon Ridge Apartment Project. The bonds are subject to a mandatory tender on November 1 of this year and SCA Development, Inc., representing the owner of the project, is requesting that the City issue tax-exempt bonds to refund the outstanding bonds. To accomplish the refunding, a public hearing is required. To accomplish the refunding in the time frame required, the public hearing must be held on October 8, 1992. Enclosed on pages 9./ and is a copy of the resolution and public hearing notice. Also enclosed on pages 1' 3 and 441‘ is a copy of a letter from SCA outlining the details of the mandatory redemption and the refunding. This development also has an interest rate reduction loan agreement with the City in which tax increment is loaned to the developer. The developer and representatives from Damn Bosworth, who is acting as the underwriter on the project, have represented that the refunding does not impact this agreement or change the City's position in the agreement. The City has retained Steve Rosholt of Faegre & Benson and Dave MacGillivray of Springsted to review all documents and projections on behalf of the City. The applicant has agreed to pay the costs associated with the City's consultants and other out-of-pocket expenses. ACTION TO BE CONSIDERED ON THIS ITEM: To set a public hearing for 7:00 p.m. on October 8, 1992 for the purpose of considering the proposed issuance of refunding bonds for the Cinnamon Ridge Limited Partnership. go() NOTICE OF PUBLIC HEARING ON THE PROPOSED ISSUANCE BY THE CITY OF EAGAN, MINNESOTA OF BONDS AND FOR NOTE TO REFUND THE CITY'S MULTIFAMILY HOUSING REVENUE BONDS (CINNAMON RIDGE PROJECT) SERIES 1985 NOTICE IS HEREBY GIVEN that the City Council of the City of Eagan, Minnesota (the "City") , duly authorized and acting on behalf of the City, will meet on October 8, 1992 at 7 :00 .a •m. in the City Council Chamber in the City Hall, 3830 Pilot Knob Road, Eagan, Minnesota for the purpose of conducting a public hearing on a proposal that the City issue bonds or notes, in one or more series, to refund and prepay in their entirety the City's $11,350, 000 Multifamily Housing Revenue Bonds (Cinnamon Ridge Project) , Series 1985 (the "Prior Bonds") . The principal amount of the bonds or notes to be issued (the "Refunding Bonds") will not exceed the outstanding principal amount of the Prior Bonds. The Refunding Bonds will mature no later than November 1, 2015. The Prior Bonds were issued to finance the acquisition, construction and installation of multifamily rental housing units in the Cinnamon Ridge Project located at the intersection of Cedar Avenue and Cliff Road in the City. The Refunding Bonds will be limited obligations of the City, payable solely from the revenues of the Project. The Refunding Bonds and the interest thereon will not constitute or give rise to a charge against the general credit or taxing powers or constitute a pecuniary liability of the City, the State of Minnesota or any other political subdivision thereof. Anyone desiring to be heard during the public meeting on the foregoing subject matter will be afforded such an opportunity. All others who are interested may file written comments on or before October 8, 1992 by letter addressed to the City at 3830 Pilot Knob Road, Eagan, Minnesota 55122 . CITY OF EAGAN, MINNESOTA by its City Clerk BJS\EAGAN\notice 4z/ CITY OF EAGAN, MINNESOTA RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A RENTAL HOUSING DEVELOPMENT PROJECT PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C AND AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING WHEREAS, Minnesota Statutes, Chapter 462C, as amended (the "Act") gives municipalities the power to issue revenue obligations to finance or refinance, in whole or in part, multifamily housing developments for the public purposes expressed in the Act; and WHEREAS, the City Council for the City of Eagan (the "City") has received from representatives of Cinnamon Ridge Limited Partnership (the "Borrower") a proposal that the City issue refunding bonds or notes (the "Refunding Bonds") to prepay and redeem in their entirety the City's $11, 350, 000 Multifamily Housing Revenue Bonds (Cinnamon Ridge Project) , Series 1985 (the "Prior Bonds") pursuant to the Act; and WHEREAS, it is necessary under certain provisions of the Internal Revenue Code of 1986, as amended, that a public hearing with respect to the proposed issuance of the Refunding Bonds be held by the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City as follows: 1. A public hearing on the proposed issuance of the Refunding Bonds will be held at the time and place for the purposes set forth in the attached form of Notice of Public Hearing. 2 . The publication of a Notice of Public Hearing,. substantially in the form attached hereto (the "Notice") is hereby approved and the City Clerk or other appropriate officer of the City is hereby authorized and directed to cause the Notice to be published in the official newspaper of the City not less than fourteen (14) days prior to the date fixed for such hearing, as more fully described in the Notice. Adopted by the City Council of the City of Eagan, Minnesota this day of October, 1992 . Mayor ATTEST: tusVmumN\resoJaittynClerk 9c2 09/11/92 10:05 SCA DEVELOPMENT INC 002 t 117 Marquette Avenue Suite 200 ( 1 SCA Development,Inc. MlumgmW,MInmxota s 4O3 (6121332-5644 Pax(612)3324284 September 11, 1992 Mr. Thomas L. Hedges City Administrator. City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mr. Hedges: on behalf of Cinnamon Ridge Limited Partnership, I am writing to request the City's assistance in the refinancing of the Cinnamon Ridge project located at Cliff Road and Slater Road. First of all, by way of background, Cinnamon Ridge was originally financed by a tax-exempt bond issue of $11,350,000 issued by the City of Eagan in November, 1985. This bond issue was fully secured by a letter of credit issued by Mellon Bank of Pittsburgh. From the beginning, the bond documents provided that there would be a mandatory tender of the bonds by the original bondholders and a remarketing of the bonds on November 1, 1992. The Partnership was also given the right to redeem the bonds on that date, to permit a current refunding of the issue. Last year, subject to the approval of the City of Eagan, the Partnership proposed to Mellon that the bonds be redeemed instead of remarketed, and be replaced by a tax-exempt, floating rate refunding bond issue, again secured by a Mellon letter of credit. With the refunding issue, the Project's debt service would initially be reduced by more than $400,000 par year, thereby securing the Project's financial health and stability. In this regard, it should be noted that the Project has been unable to cover all of the interest on the current bonds since May of 3.991 (but Mellon has always advanced the funds necessary to pay all of the bond-holders in full and on time) . The debt service reduction would be enough to allow the Project to be fully current from this point forward, and to repay to Mellon its previous debt service • advances. Like almost all other rental projects in America, Cinnamon Ridge has suffered from the consequences of regional over-building and a troubled economy. In response, we have invested approximately $100,000 in the Project over the past ten months to upgrade it, and have aggressively marketed it. Consequently, Cinnamon Ridge is now 100% occupied. Particularly given the proximity of the Mall of America with its 9,000 jobs, and the city of Eagan's continuing attractiveness as a place to live, the Project should be able to maintain a high occupancy level for years to come. Last Thursday, Mellon agreed to go forward with a refunding issue on terms that make great sense both to the . Bank and to the Partnership. In reviewing our request for its approval of the refunding, we would ask the city to consider the following points: • R-95% 612 332 8284 09-11-92 10:05AM P002 #01 09/11/92 10:05 SCR DEUELOPMENT INC 003 September 11, 1992 • Page Two I. As was the case with the original issue, the bonds sold to • the general public will be secured solely by the Mellon Bank letter of credit, and the City will have no obligation to pay the debt service on the bonds. The size of the Mellon Bank secured bond issue will be reduced to approximately $8 million. The remaining tax-exempt bonds will be in the form of a tax-exempt mortgage held by Mellon Bank and not sold to the general public. 2. As a refunding issue of existing tax-exempt bonds, the new issue will not count against any tax-exempt bond authority otherwise available to the City. 3. The affordable housing requirements incorporated in the original issue will be fully preserved. 4. Under its terms, the Interest Rate Reduction Agreement entered into when the original bonds were issued will remain in full force and effect. The Partnership's ability to repay the City's second mortgage loan (created by the Interest Rate Reduction Agreement) will be severely impaired, however, if the Project's first mortgage debt service obligations are not significantly reduced. we will be requesting formal approval of the refunding bond issue from the City Council at its October 8th meeting. In the meantime, please let me know if you have any questions or need any additional information. Thank you for your consideration of our request. Sincerely, /•4'441-44/ / Richard S. Kahn cc: Gene VanOverbeke Kathy Aho R-95% 612 332 8284 09-11-92 10: 05AM P003 #01 Agenda Information Memo September 17, 1992 City Council Meeting PAWn4:4:^.?i?:+.ri•?.::.?:iii•?i?%?::...vn ::•?k4:•?'fi?:•?:•i: FINAL ASSESSMENT HEARING/DELINQUENT UTILITY BILLS A. Final Assessment Hearing, Delinquent Utility Bills--A public hearing is scheduled for the September 17, 1992 City Council meeting to receive input from affected property owners regarding the assessment of delinquent utility bills. The assessment roll consists of the parcels listed on pages through sQ. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and to approve the final assessment roll and authorize its certification to the County for collection. CLOSED ACCOUNTS 101230001005 131053091 6.03 101230002003 131029001 18.52 101230003002 131021081 10.31 101230006003 131032052 5.75 101230007001 131018031 6.63 101230009004 131044011 6.03 101499214001 250048053 14.16 101499227001 250061075 209.82 101499612009 376081061 5.88 101500305001 119009092 13.96 101500802002 119159072 8.06 101500806001 119168063 26.95 101500905001 119179031 13.15 101500907001 119181091 13.15 101500912001 119186041 10.20 101500913001 119187031 9.27 101550008002 367056061 6.63 101630028001 361177033 25.35 101660204001 126083034 31.64 101660205202 126106064 74.56 101670132001 104022043 30.40 101670132001 104022042 21.91 101670325001 104071041 23.02 101670508002 236111062 7.80 101670508002 236111061 8.00 101670607002 238081081 88.76 101715008102 121027036 221.73 101715033002 121004001 62.69 101740006201 126227004 11.71 101740102001 126194093 6.00 101740211002 126289053 90.10 101740211204 126298043 123.87 101740306201 126327252 143.48 101807540001 361438083 30.73 102085007001 122707082 34.76 102275012002 129031002 22.60 102390004003 253065072 43.50 103295103006 239182043 144.84 103299008004 368068001 6.63 103299017004 368077091 6.20 103980003002 123064032 48.11 103980202008 123121046 51.31 103980202008 123121045 34.12 104490102003 361062011 61.15 104507012003 124279022 110.04 104507306001 124381073 24.82 104727505001 116207051 6.47 105210111002 124235051 23.94 6 105380104102 121349043 111.52 105615005002 122117021 9.42 105615007002 122113061 5.88 105880004001 362318011 7.16 106275004103 120278012 35.31 106398303008 128122023 98.02 106398304005 128108004 59.68 106399509001 362306051 7.16 106580009002 122016043 6.13 106585020002 120033071 5.88 106590523002 248323051 66.05 107300001018 242046046 12.24 107587505002 380061022 26.92 107587505002 380061021 5.88 107587806001 380120011 22.71 107595119002 125091051 42.29 107650002010 243010045 21.16 ' 107710003005 240104073 53.87 107710004007 240091025 66.11 108195006206 120176041 9.27 108195009003 120068051 6.63 108195011004 120163091 6.47 108195012002 120100051 191.84 108195012002 120100052 44.93 108427513002 108327071 10.20 108427515002 108325091 14.47 108427527002 108313031. 9.27 108446010003 243326033 43.44 108447708002 369125091 6.03 108447719002 369136061 5.88 108460008005 105008095 50.44 108460205003 111045026 15.76 3,082.76 OPEN ACCOUNTS SEWER AND WATER 100190001111 234023160 254.21 101122508002 381156060 69.52 101230014004 131049060 103.32 101330003001 234084040 191.25 101375004004 128404010 57.21 101499204001 250040030 247.01 101499323001 250075010 101.44 101630027001 361176040 66.62 101630028001 361177030 69.09 101660109001 126024050 67.12 101660201102 126114060 90.18 L/ 101660203001 126082040 65.63 101660212102 126092020 46.82 101670011002 231006050 44.07 101670627005 239043030 173.94 101671101001 237140090 461.69 101671101001 237141080 205.36 101671102001 237139020 224.47 101671102001 237138030 244.28 101710402102 113085170 217.36 101740014800 126120085 47.95 101740015400 126132040 146.29 101740016500 126178090 61.11 101740018000 126173040 29.62 101740202103 126271050 194.71 104465138001 364320030 25.38 104507109002 124319040 489.47 104507604002 378069080 272.34 104775011002 365057090 251.50 104805003204 117153150 284.04 104810005000 362181050 143.97 105380105002 121351090 95.91 106398103009 128018090 86.89 106398301008 128124000 315.01 106398304012 128138040 255.65 106398402003 128207002 254.30 106920010000 126441000 245.58 107300001016 242050070 378.46 107300004006 242074090 39.71 107300302007 242138030 36.51 107595010003 125058060 275.47 107650202009 243093040 39.71 107710001008 240124030 39.71 108435507005 114057190 382.25 108460008005 105008090 44.34 108460204005 110115090 189.89` 7,626.36 STREET LIGHTS 101230003003 131028010 6.63 101500921001 119195030 14.47 101550004001 367024050 6.63 101550005005 367006070 6.63 101550007004 367046090 6.63 101550009002 367057050 6.63 101827526003 375062010 6.63 105540006001 363065610 16.21 105880002002 362334010 15.30 qg 105880002003 362338070 15.30 105880003003 362339060 15.30 105880005001 362319000 15.30 105880007001 362321060 15.30 • 105880008001 362322050 15.30 105880009001 362323040 15.30 105880010001 362324030 15.30 105880012001 362326010 15.30 105880016001 362330050 15.30 105880017001 362331040 15.30 106399504001 362311080 15.30 106399506001 362309020 15.30 106585006002 120046020 14.47 106585013001 120019050 14.47 107120003001 116225600 8.26 107585201001 120221090 14.47 107585201003 120220000 14.47 107585202003 120219030 14.47 107585203003 120218040 14.47 108195003003 120062010 6.63 108195003005 120141060 14.47 108195003005 120140070 14.47 108195005006 120177030 6.63 108195005006 120178020 6.63 108195008005 120130090 14.47 108195008005 120131080 14.47 108195009005 120129020 14.47 108195009005 120128030 14.47 108195012001 120077040 6.63 108195012003 120144030 6.63 108195013001 120076050 6.63 108195015001 120074070 6.63 108195016001 120073080 6.63 108195025002 120166060 6.63 108427505002 108335070 14.47 108427509002 108331010 14.47 108427516002 108324000 14.47 108427524002 108316000 14.47 568.81 STORM DRAINAGE 100020002078 355010060 31.93 100020003078 355009090 31.93 100020005025 355031010 31.93 100100006030 355014020 31.93 100170001053 255003070 15.02 100190001151 255005050 27.21 Z./ 9 100200006275 255006040 18.52 100210001328 255011070 14.47 100220001286 255022040 - . 27.21 100240002060 155010000 32.51 100250001052 155159010 14.23 100250001103 155011090 18.48 100260001051 155067020 12.41 100260001053 155065040 32.51 100260002053 155181030 12.41 100340002076 155048060 32.51 100360001051 155082030 32.51 100360001082 155139060 17.19 100360001128 155077000 12.41 100360001281 155090030 25.16 100360002006 155149040 70.81 100360006027 155163050 32.51 100380003002 355050070 17.86 100380008002 355049010 31.93 102090001004 155141020 268.68 103985001001 155093000 32.51 104870001200 355066090 18.48 105360001002 155115040 32.51 106870101000 255023030 14.47 992.24 30 Agenda Information Memo September 17, 1992 City Council Meeting FINAL ASSESSMENT HEARING/PROJECT 621/MANOR LAKE 4TH ADDITION B. 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 the installation of these public improvements under a City contract. At the public hearing on September 1, the developer objected to the calculations included in the preparation of the final assessment roll and the public hearing was continued to September 17, 1992. Included on pages,3 and a is a copy of a Summary of Assessment Issues as presented to the City Council by Mr. S. Todd Rapp, the attorney representing the developer, at the September 1 public hearing. (Note, the project is actually 621, not 612, as referenced on the summary.) The primary area of dispute arose over the proposed assessment of 100% ($41,618.54) of the costs associated with the Highway 3 bypass/turn lanes to Manor Lake Fourth Addition. The developer felt that . ($20,809.77) should have been assessed against the property to the south. Staff had prepared the proposed final roll based on the City Council action of October 15, 1991 at which time the project was approved. The City Council minutes, enclosed on page 53 indicate that the Ray Connelly appraisal pointed out that the improvements would not be a benefit to the property south of Manor Lake Development, therefore the developer would be responsible for those assessments. Since the developer felt that enough circumstances had changed and a new, perhaps more technical, appraisal would indeed show benefit to the property to the south, consideration of the final assessment was continued and the City Attorney was directed to seek an additional appraisal. Included on pages$ and 5 7is a copy of follow-up correspondence dated September 2 received from Mr. Rapp in which he again addressed the appraisal issue and other items raised by Finance Director VanOverbeke at the public hearing. Also included on page.S.131s a copy of a letter dated September 8, 1992, in which Mr. Rapp asks on behalf of the developer that no new appraisal be procured. As a result of that request, staff prepared a revised roll which eliminated $689.25 of project costs which were acknowledged City errors in the compilation of the original assessment roll. On page is the original summary, on page D is the original roll and on page is the revised roll. No interest adjustments or other changes have been made to the revised roll as it is being presented. Since the City Council specifically stated that no review of current City assessment policy • regarding project costs,including flat percentages for administration,legal and bonding,was Lc/ Agenda Information Memo September 17, 1992 City Council Meeting necessary at this time, no additional work has been done in that area. Mr. Rapp has alleged, however, that the City is being unfair in regard to interest charges. It should be noted that in June Mr. Middlemist approached the City to see if there was a process through which he could pre-pay the pending assessment to avoid the escrow requirements of 150% to 200% with title companies. Enclosed on pages 6 2 through are copies of the correspondence related to this process. It was made very clear to Mr. Middlemist that this was an accommodation to him and that it would not change how we accounted for project costs and, further that no interest would be paid to him on the deposits. That arrangement was obviously agreeable at that time. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the modified final assessment roll for Project 621 (Manor Lake 4th Addition - Streets & Utilities) and authorize its certification to the County. SUMMARY OF ASSESSMENT ISSUES PROJECT 612 1. $41, 618.54 was wholly assessed to Manor Lake Fourth Addition when only $20,809.77 (one-half) should have been for Highway 3 bypass/turn lanes. Engineer recommended split of assessment between Manor :Lake Fourth and what is now Lakeview Trail. City "appraiser" and City attorney opined that assessment to Lakeview Trail would not be appropriate without relinquishment of existing driveway access to Highway 3 (access has been relinquished with the new plat, and Lakeview Trail's only access to Highway 3 is on Todd Avenue) . Estimated assessment was made to the Lakeview Trail property and required as condition of preliminary plat approval of Lakeview Trails. Lakeview Trail 's developer never objected to assessment. City arbitrarily eliminated the assessment against Lakeview Trails Addition in July, 1992! 2. Jerry Wobschall identified approximately $690 in errors and overcharges per review conducted September 1, 1992. 3. Assessment figures include a $2,000 figure for "estimated costs to complete. " Wobschall was asked what this entry was for - Answer was that it was for "additional engineering costs and other costs. " Could not specify any costs incurred at any time since July 22, 1992. See also (4) below. 4. "Engineering costs" include an estimate for future expense of $1,860 for an additional forty hours of field supervision. The only project work which remains is the second layer of asphalt and setting manholes, a project which will take a day, not a week. Estimate should be $372. 5. Project is being charged $8,990 in interest accrual on expenses, but it includes no credit to Middlemist for $127,800 in principal already repaid over the last three months. It is clear that a reduction of at least $1,100 in interest is fair and equitable. 6. Legal. The assessment includes estimated legal expenses of $3,234.39. Only $853.50 has been invoiced to date by attorneys. What purpose could justify $2,380 over-assessment. Summary of Over-Assessment of Highway 3 Turn Lane/By-Pass Lane 20,800.00 Wobschall errors 690.00 Unspecified extras 2,000.00 Overestimate on engineering costs 1,490.00 Interest 1,100.00 Legal 2,350.00 Total excess $28,340.00 Actual assessment should be $11,190 rather than $12,472. Page 5/EAGAN CITY COUNCIL MINUTES OCTOBER 15, 1991 Attorney Sheldon stated that the City Council must levy first and then defer the assessment. He felt the issues would be resolved by the next City Council meeting. trudi Johnson-Richards wanted 'it on record that she objects to this assessment. Wachter moved, Pawlenty seconded, a motion to close the public hearing and approve "modified" final assessment roll per the agreement for Project 561, Sterns Addition - Street and Utilities, with future direction to negotiate with the Sterns group regarding possible deferments. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING EFFRESS ADDITION Mayor Egan opened the next public hearing regarding the final assessment roll for Project 567R (Effress Addition-Storm Sewer) . McCrea moved, Wachter seconded, a motion to close the public hearing and approve the final assessment roll for Project 567R (Effress Addition - Storm Sewer) and authorize its certification to Dakota County. PROJECT 621, MANOR LAKE 4TH Mayor Egan opened the next public hearing regarding Project 621 (Manor Lake 4th Addition - Streets & Utilities) . Mark Hanson (BRAA representative) discussed the report they submitted *to the City on September 11, 1991, regarding the proposed street and utility improvements. Director of Public Works Colbert stated that the Ray . Connelly appraisal pointed out that the improvements would not be a ( Benefit to the property south of Manor Lake Development. Therefore the developer will be responsible for those assessments. City Attorney Sheldon stated that he spoke with Bob Middlemist and Mr.' Middlemist is not satisfied that the property south of the development will not benefit from the improvements. McCrea moved, Wachter seconded, a motion to close the public hearing and approve Project 621 (Manor Lake 4th Addition - Streets & Utilities) , following recommendations by staff regarding their negotiations with Mr. Middlemist. AYe: 5 Nay: 0 • 09-02-1992 14:34 6125461200 BERNICK AND LIFSON PA P.02 BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW $UITC MOO THE COLONNADE .000 WAYZATA •OULCVARD ANAL J.sa*rn o MINNEAPOLIS MINNESOTA 54415 •'Alai am�eres i«wlseors�r NUM.4.ItrWICK• ' '465 ammo IM KNMiKA THOMAS O. r 1•1110 "fir-ISOO •4610 VO1TIMBA PUMAS ArrON«TArT JENNY!MAYAN. •111%44114.71TT LAIN•rOG1ALK1 Alfl QIVIL TKU16♦wtGAL11T SCOTT A.une« RwCSIwILC isle ;4s-100" atmr+to.. PAUL J.QUART a Milt om iws W aimovereou $.TO VO 1•Ar+•. . minima M.KOWAL$Rt K OOYKSEl. n JM.t! 1.rLtriMO' September 2, 1992 4RT«uKJ.�ws«AK s,aALCSAL hens.T«r.rAiTzUMA« Mr. Jim Sheldon • City Attorney 7300 West 147th street Suite 600 Apple Valley, MN 55124 Re: Manor Lake Fourth Addition Our File No. 51583-01 Dear Mr. Sheldon: At the Council hearing last evening, my client indicated that he did not wish to throw his money away on a new appraisal if the result was a foregone conclusion. If the City intends to follow through with direction to secure another appraisal in light of the changed circumstances since October of 1991, the developer wants a fair appraisal. We have already suggested to Councilman Pawlenty that hs select the appraiser, and think this would be a great way to get a fair, fresh opinion. I want to correct a few items brought up last evening by Mr. VanOverbeke. First, there has been no "agreement" to refund money to this developer rather than recalculate the assessment because of errors made. This was a decision made by staff when it discovered, during my review, that there were errors in the proposed assessment staff could not explain. The refund proposal was never discussed with me, was not communicated to me until mid-afternoon on Tuesday, September 1, and did not receive approval from the developer. Second, Mr. VanOverbeke addressed the Council on what he perceived our issues to be. Notwithstanding Mr. Vanoverbeke's opinion in this regard, our issues are those which were summarised in writing and submitted to the Council and discussed at the Council hearing. t would, incidentally, appreciate receiving copies of the "public policies" Mr. VanOverbeke referred to. I don't have them and don't know of them. In paragraph 8 of the Development Agreement between Megan and Middlemist, Middlemist obligated himself to pay "reasonable engineering, administrative and legal expenses incurred." I find no reference in the Development Agreement to any of the "policies" c_4.516 R•97% 6125461200 09-02-92 02:34PM P002 #29 09-02-1992 14:34 6125461200 BERNICK AND LIFSON PA P.03 BERNICK AND LIFSON A PNOPCSSIONAL ASSOCIATION Mr. Jim Sheldon September 2, 1992 Page Two . referenced by Mr. VanOverbeke. I would appreciate receiving Eagan's interpretation of how it can obligate itself contractually to receive only "reasonable expenses incurred" and then include in its assessment nearly $2,400 in attorney fees not incurred, $2,000 in estimated expanses not incurred, engineering costs not incurred, and interest charges not accrued. Relative to this last item, Mr. VanOverbeke has stated that he will not credit prepayments of assessments - which in this case total over $127,000 - against the final assessment, but will instead accrue interest on the whole of the assessment, whether paid or unpaid until final assessment. He reiterated this position last evening when he informed the Council that, notwithstanding the fact that the City has $127,800 in the bank, the City would not credit that amount against the principal while we spend time sorting out issues and errors related to these assessments. This, to me, reflects an intention on Mr. Vanoverbeke's part to penalise the developer arbitrarily and capriciously for raising legitimate concerns about the standard practices employed in Kr. .VanOverbeke's office, and CVCh about the accuracy of their computations. Does the Council have such a policy in this regard, as well, or is this simply Mr. VanOverbeke's policy? If such a policy exists, immediately provide me with a copy. If not, I must ask that Mr. Vanoverbeke's practice of penalizing developers and not giving them credit for payments duly made be curtailed. By my calculation, Mr. VanOverbeke intends to penalize taagt developer the sum of $452.63 in phantom interest accrual over just the next two weeks. I await your response to this letter, If you believe there is anything further Y or the developer need to do to obtain a response, please advise me. I am taking the liberty of forwarding a copy of this correspondence to City Administrator Hedges, who is now the only senior city administrative official who has not mounted, in one way or another, an assault against this developer, and can hopefully assist in moving us to a resolution of our concerns. . • V. -44 y yours Todd Rapp /kJ cc: Robert Middlemist Tom Hedges C_57 09-08-1992 09:47 6125461200 BERhICK AND LIFSON PA P.02 BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW •UITt 1200 THE COLONNADE *500 WAYZATA 'BOULEVARD NEAL J.•NAP IREI vessomign MIL A.•LRN ICN t MINNEAPOLIS,MINNESOTA 5414 •mule,A*NITTaa IN mSERA RA •ALaa AON17TC8 fN iIRRAiNA YMOMwa o.aesfeNTON IS i 2) *4* 1200 rAJO pRaTQ*IM l AapYNTANT J(RRT STRAwa• NNW.MO�RRlr .S CtAuS?aT SCOTT A.LIMMON /AC*IMIL[ (OW *4'B-1003 �•a1rILRIVALanelwuaT SAULJ.OUAITt afar$ * ST R.»OY RAPW MINNSIOTA SUM SAN AsWaIATOON r•eREsA r.xewwuNl September 8, 1992 NSOUraeI. JAM[a S.PLENUM' AMNIA 4.SIASIINAN ' aAaAlieAL NATNara W NAST5tsAN Mr. Jim Sheldon City Attorney 7300 West 147th Street • Suite 600 Apple Valley, MN 35124 Mr. Thomas Hedges Eagan City Administrator 3830 Pilot Hhob Road Eagan, Imo? 55122 • Re: Manor Lake Fourth Addition Our File No. 51583-01 Gentlemen: The developer of Manor Lake Fourth Addition has requested that I forward immediately to you a direction that the City of Eagan not commission at the developer's expense a new appraisal for purposes of determining the propriety of assessments for State Highway 3 bypass lane/turn lane improvements. The developer of Manor Lake Fourth Addition is convinced that the original appraisal more nearly reflected the opinion of the staff than an independent opinion as to the benefit these roadway improvements had upon the property since proposed for development as Lakeview Trails. He is convinced that the City staff will recognize the difficulty at this late date in fairly assessing the Lakeview Trails property, and that this recognised difficulty will govern any new appraisal, with the only result being that this developer's expenses will be increased. As a consequence, we direct you not•to procure any new appraisal. The developer sincerely appreciates Council Member pawlenty's interest in exploring the fairness of the assessment on Manor Lake Fourth Addition and the elimination of the asseiisment on Lakeview Trails. • Very= ruly yours, . • . Todd Rapp. • STR/dlr cc: Robert Middlemist Council Member Pawlenty R-97% 6125461200 09-08-92 09:48AM P002 #10 ...,... :.,n_«<... -xs9�apxr,s.-::v-+'°�"F.. .: . t"r•_..._r, ....l..ir,��c, ..—,+ . - ....•zw�c. FINAL ASSESSMENT amnia PROJECT NUMBER: 621 ASSESSMENT HEA.= DATE: SEPT. 1. 1992 A 1 SUBDIVISION/AREA: MANOR LAKE 4TH PUBLIC MARINO DATE: OCT. 15, 1991 IMPROVEMENTS INSTALLED AND/OR ASSESSED: Y F.R. • Feasibility Report FINAL. F.R. FINAL F.R. IAN TARP SEWER RATES RATES STORM SEWER BATES BATES ❑Trunk - 0 Trunk t i ®Laterals $ 489.66/let $ 955/1et ® Laterals $1,757_44/1nt $7,7Rl/1nt D Service 0 Let. Benefit/ Trunk ®Lat. Benefit/ 1 Trunk $1,934.25/lot $2,106/lot ECU mum By-Pass & Turn Lane ❑Trunk ® iffRilmiffe $1,9R1 -A4/lnt $7,66SJlnt .. ®Laterals $1,300.65/lot $1,659/lot ill Surfacing $3,657-04/1nt $4,R57/1nt 0 ii 0 Service 0 Res. Equiv. ©Let. Bane fit/ 0 Multi Equiv. Trunk $ 378.59/lot $ 356/lot 0 C/I Equiv. D WAC 0 Trail SERVICES STREET LIGHTS ®Water & San. $1,413.45/lot $ 810/lot Sever $ 972.86/lot $1,680/lot ® Installation -0- $ 172/lot 0 Energy Charge CONTRACT * OF INTEREST AMOUNT CITY NO. 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N w dl to H J N S S M A�O 'O �O �O �A A A A O �A �O A O A A O A •A �A O �A A O �O A•w • •SN . 33333333333333333333 U C4 o i O CA 8N N • 88888888888888888888 ~ ° 5 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 a 4 4 a 3 dtIIIIIIIIIIJiIIIIIII 0 0 0 O O O 0 0 0 0 0 N {y,� 44 11 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 P O W O 1C P A P P P P P P P P R P P P A P A A P P ° 0494 .* 499499 ' 9499944999 O 0 0 0 O O O O O O O O O O O 0 0 0 0 0 0 0 0 _city of eagon MUNICIPAL CENTER MAINTENANCE FACILITY THOMAS EGAN 3830 PILOT KNOB ROAD 3501 COACHMAN POINT Mayor EAGAN,MINNESOTA 55122-1897 EAGAN.MINNESOTA 55122 PHONE:(612)681-4600 PHONE:(612)681-4300 PATRICIA AWADA FAX:(612)681-4612 FAX:(612)681.4360 PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members • THOMAS HEDGES June 2, 1992 City Adminu,atrator EUGENE VAN OVERBEKE City Clerk • ROBERT MIDDLEMIST, JR 12305 COUNTY ROAD 11 BURNSVILLE MN 55337 Re: Pendina Assessments for Manor Lake Fourth Addition Dear Mr. Middlemist: • You have requested of the City of Eagan a means of prepaying estimated special assessments on lots in the above-referenced residential subdivision regarding the municipal improvements . therein. The City's understanding is that you desire thereby to avoid escrow requirements in instances where lot sales close prior to the date final assessments are certified. Under separate cover, the City has received from you your acknowledgement that currently pending assessments on lots in this subdivision are only estimates, and that final costs may be higher or lower. The City has also received your written agreement that, in such event, you will make payment of the difference promptly when assessments are levied. The current estimated assessments on lots in this subdivision total approximately $14,200. Subject to the above, and in consideration of your agreement to make payments of any differences in the final assessment, the City agrees as follows: 1. Until such time as prepayments of the estimated assessments are received, City records will reflect the pending assessment on each lot. 2. In the event of a lot closing, the City will accept a payment from the title company or closer in the amount of the estimated assessment and thereafter adjust its records to reflect that the assessments regarding the lot for which such payment is submitted are paid in full, relying upon you to cover any difference per our agreement. THE LONE OAK TREE .. .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer 602 ROBERT MIDDLEMIST, JR JUNE 2, 1992 PAGE TWO 3. When any title company or closer submits payment of the estimated assessment, it should specifically reference the legal description of the lot with respect to which the payment is being submitted. I believe this letter summarizes the position of the City and is consistent°with previous discussions. Very truly yours, Euge J. VanOverbeke Director of Finance/City Clerk EJV/vmd 0 Mr. Eugene J. VanOverbeke Director of Finance CITY OF EAGAN 3880 Pilot Knob Road Eagan, MN 55122-1897 Re: Pending Assessments/Manor Lake Fourth Addition Dear Mr. VanOverbeke: Robert E. Middlemist acknowledges that the estimated special assessments for municipal improvements on lots within the Manor Lake Fourth Addition are currently $14,200.00 per lot. It is Robert E. Middlemist, Jr. 's understanding that the City of Eagan is willing to accept prepayment of the estimated assessments and release lots from the pending assessment subject to the following. The pending assessments on any lot within the Manor Lake Fourth Addition will be released upon the City's receipt of $14,200. 00 per lot. Robert E. Middlemist and the City of Eagan acknowledge that $14,200.00 is only an estimate of the construction costs, and should final costs be more than $14,200. 00, Robert Middlemist agrees to pay the difference when the assessments are levied. The City will not require payment of interest by Mr. Middlemist on this difference. Should the final assessments be less than the estimated amount, Robert E. Middlemist will receive a refund of the difference when the assessments are levied. If the estimated per lot assessments are revised downward, Mr. Middlemist would receive a refund on any lot for which estimated assessments have been paid at the time of the estimated assessment revision. Mr. Middlemist acknowledges the City will not pay interest to Mr. Middlemist on this amount. It is anticipated, consistent with your letter of June 2, 1992, that prepayments of pending assessments will be received by the City of Eagan from title companies or closers handling the closing of lot sales within Manor Lake Fourth Addition. Robert E. Middlemist, Jr. acknowledges that preparation of that letter by Mr. VanOverbeke has been done as an accommodation in an effort to avoid escrow requirements in the event of lot sales prior to the date of final assessment. Mr. Middlemist acknowledges that the City of Eagan cannot make assurances that escrow requirements will be relaxed, and understands that the City of Eagan shall not be responsible in the event escrow requirements are 'nevertheless enforced. When Mark Hansen prepared the original feasibility report for Manor Lake Fourth Addition, the estimated assessments of $15,9XX.XX 6 � did not include 100%, but only 50% of the estimated costs of turnlane and bypass lanes on Highway 3 at Todd Avenue. With estimated assessments reduced to a level of $14,200.00, it is important to note that this reflects estimated costs plus engineering, legal administration and financial costs based on actual contractor bids; it is also important to note that this revised estimate includes 100% of the actual costs of bypass lane and turnlane construction on Highway 3. In addition, Robert E. Middlemist, Jr. has a present agreement with a developer of Lakeview Trails Addition to purchase Lots 8 and 9, Block 1, Lakeview Trails Addition, which lots will not be subject to assessments arising from the Lakeview Trails Addition development. If and when Lakeview Trails Addition is final platted, and if one-half of the bypass lane/turnlane improvement costs will be assessed against this development, Robert E. Middlemist has the understanding that the City will have no objection to an adjustment of the estimated assessments on the Manor Lake Fourth Addition reducing them by a similar amount. Similarly, if Mr. Middlemist's purchase of Lots 8 and 9, Block 1, Lakeview Trails Addition is consummated, and if these two lots are not burdened with estimated assessments from Lakeview Trails Addition, he has the understanding that the City will not object to a proration of assessments onto these two additional lots from the Manor Lake Fourth Addition. Please sign and return the enclosed copy of this correspondence evidencing our acknowledgement and agreement as to the above terms. Should you have any questions, please feel free to contact me at 895-9855. Thank you for your cooperation in this matter. Very tr ly yours, iri A Robert E. Middlemist, Jr. CITY OF EAGAN By: Eug a J. VanOverbeke Its: C erk/Treasurer to .r3 -'[ 2 • 6 S Agenda Information Memo September 17, 1992, City Council Meeting ALDRIN DRIVE C. Project 639, Aldrin Drive (Streets & Utilities)--On August 18, the Council received the feasibility report for the above-referenced project and scheduled a public hearing to be held on September 17. Enclosed on pages 4 7 through gL is a copy of that feasibility report for the Council's information and reference during the public hearing presentation. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. This project primarily affects two properties under the control and management of the Alscor and Opus Corporations. Copies of this report and discussions have been provided to the appropriate company representatives. As of this date, no formal objections have been received. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 639 (Aldrin Drive - Streets & Utilities). 66 x y F.ye.39.�1 ' °1 fie, y: `f Ay GO city of Qagan Report for Aldrin Drive Utility and Street Improvements City Project No. 639 Eagan, Minnesota August 1992 File No. 49529 kiSmoot roo • Rosene Anderiik Associates Enow..rs a Architects 7.�j st.Pain Minnesota V Otto G.Banemoa PE. Fb vad A.Sanford.PE Gary F Rylander.PE Phip 1 Caswell,PE. Bonestroo Robert w Rosene.PE.* Keith A.Gordon.PE Ismael Martr¢2 PE. Mark D.Walls.PE. li-1 Joseph C Artd1de PE. Robert R.Pfeffer*.PE. Michael P.Rai PE. Mies B.Jensen.PE. Marvin L Sorvala.PE Ricirad W.Foster.PE. Agnes M.Ring.AJCP. L Philp Gravel R.P.E. Rosene Richard E.Turner,PE. David Q Loslaota.PE. Thomas W.Peterson.PE. Karen L.Win never PE DEM Anderlik & Thomas E.Noyes PE. Jerry A.Bourdon.PE. James R.Maland RE. Keith R.Yapp.P.E. s Robert G.SchunictK.P.E. Mark A.Hanson.PE. Jerry D.PMach.PE. Shawn D.Gustafson,PE. Associates Susan M.EbMin,CPA. Michael T.Rautrnann.PE. Kenneth R.Anderson,PE. Cecio Olivier.PE. *Senior Consukant Ted K.Feld.PE. Mark R.Rocs.PE. Charles A.Erickson Thomas R.Anderson,MA. Mark A.Se¢PE. Leo M.Pawdsky Engineers & Architects. Donald C.Burgadt.PE. Gary W.Morten,PE. Harlan M.Olson Thomas E.Argun PE. Daniel 1 Edgerton.PE. James F.Engelhardt August 10, 1992 . City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Aldrin Drive - Project No. 639 Utility and Street Improvements Our File No. 49529 Dear Mayor and Council: Attached is our report for the Aldrin Drive Utility and Street Improvements. The proposed utility and street improvements are presented and discussed within the report along with detailed cost estimates and a preliminary assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Yours very truly,4 BO STROO, ROSENE, ANDERLIK & ASSOCIATES, INC. a ll /i '-- Mark A. Hanson MAH:lk I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of State of • nesota. `-1,....--- Mark A. Hanson Co [ _ Date: August 10. 1992 Reg. No. 14260 Reviewed by: I . �- �',E. D artment of PubWorks Reviewed by: _ Fina Department . Date: e/28/?9 T--- 6 U • 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 ALDRIN DRIVE UTILITY AND STREET IMPROVEMENTS EAGAN, MINNESOTA PROJECT NO. 639 TABLE OF CONTENTS Page No. LETTER OF TRANSMITTAL 1. TABLE OF CONTENTS 2. SCOPE 3. FIGURE NO. 1 - LOCATION PLAN 4. FEASIBILITY AND RECOMMENDATION 5. DISCUSSION 5. A. Sanitary Sewer 5. B. Water Main 5. C. Services 5. D. Storm Sewer 6. E. Streets 6. F. Street Lights 7. EASEMENTS AND PERMITS 7. COST ESTIMATE 7. AREA TO BE INCLUDED 8. ASSESSMENTS 8. REVENUE SOURCES 9. PROJECT SCHEDULE 9. APPENDIX A - PRELIMINARY COST ESTIMATES APPENDIX B - PRELIMINARY ASSESSMENT ROLL FIGURE NO. 2 - SANITARY SEWER FIGURE NO. 3 - WATER MAIN FIGURE NO. 4 - STORM SEWER FIGURE NO. 5 - STREET 2. 49429.Rpt 6 � REPORT FOR ALDRIN DRIVE UTILITY AND STREET IMPROVEMENT EAGAN, MINNESOTA PROJECT NO. 639 SCOPE • This project provides for the extension of Aldrin Drive approximately 340'west of Mike Collins Drive. The project is located approximately 1/3 mile north of Yankee Doodle Road as shown on Figure No. 1. The utility and street extension is required at this time in response to a petition by Alscor Investors Joint Venture and Opus Corporation. The project will accommodate the development of A & H Cartage (Lots 14, 15, & 16, Block 4, Eagandale Center Industrial Park No. 4) located on the south side of Aldrin Drive as recently approved by the City of Eagan. 3. 49429.Rpt 76 Project Location Aldrin Drive RINI—– iiiii-xamsig, 1 1.4%11014: implE.11 1111 Illd i I ri lit•111141•Y ■ • l IN 1I1.0101Mir1k t. :ti!C 1 1 IM N . ®K# .,t. 'S�.:aassi>�/�� 4i4 kk ' �!r i j w.sa r.W r �� a�� s*tea q j jib I 1 :! Kill „alts . '� '� ".;.' now QtFfp13• so* *.��+ � t##li#iTlims. z 1\1111Pitik iiittelli- 14Rl/st 00041-- = .. oat moo mom it 1- — 7�11�l�wr1 lall s..iEiz..'—: � 1 440.4 ® I W , z ME T. I ♦` I I. "' , 41y Z i I less 111111111111111 Ali 'a I entro#, ..,1,1, age St:#•=4,- Ain 10'• I t� ,. ✓M 41.47, per• � ` AA ;miss . ; 2''kg 1>M4.r- ...-....41 l It,alllettii miz w Nj rr Aa..: asis firialra SIk litili iuiu at& .__.__,— A 0 1000 2000 SCOW In root Aldrin Drive Location Plan '7/ fa Bonestroo Rosene vl Ander!ik & Utility & Street Improvements FIGURE 1 Associates Project No. 639 Eagan, Minnesota Engineer. &Architects 9 Si Paul•Milwaukee 49529FO1.DWG AUGUST 1992 COMM. 49529 FEASIBILITY AND RECOMMENDATION The project is feasible from an engineering standpoint and is in accordance with the objectives established in Eagan's Comprehensive Utility and Street Plans. The project can best be carried out as one contract. DISCUSSION A) Sanitary Sewer Sanitary sewer proposed herein provides for the extension of an 8" diameter sanitary sewer in Aldrin Drive as shown on Figure No. 2. The 8" sanitary sewer will connect to an existing 8" sanitary sewer stub recently constructed from the existing 15" trunk sewer in Mike Collins Drive as part of Change Order No. 1 - City Contract No. 91-06. The sanitary sewer is properly designed to be extended westerly in Aldrin Drive to serve future development to the west. B) Water Main Water main proposed herein provides for the extension of a 12" diameter water main in Aldrin Drive as shown on Figure No. 3. The 12" water main will connect to an existing 12" water main stub recently constructed from the existing 16" trunk main in Mike Collins Drive as part of Change Order No. 1 - City Contract no. 91-06. C) Service A & H Cartage, located south of Aldrin Drive, will receive its sewer and water service from Mike Collins Drive. Therefore, sewer and water service stubs are not required to serve A& H Cartage. However, it is proposed to provide a 6" sewer with manhole and 6"water stub with gate valve to the north. 5. 49429.Rpt D) Storm Sewer A 66" diameter trunk storm sewer exists in Mike Collins Drive. A 30" diameter storm sewer was recently extended as part of Change Order No. 1 - City Contract 91-06 in anticipation of the improvements in Aldrin Drive. Therefore, storm sewer proposed herein provides for the extension of a 30" diameter storm sewer in Aldrin Drive as shown on Figure No. 4. The storm sewer will provide service to existing and future development along Aldrin Drive as it's extended to the west. Presently the City as part of Project No. 638 is reviewing the capacity in the existing 66" trunk storm sewer in Mike Collins Drive. It's anticipated storm sewer improvements and additional ponding will be recommended at Mike Collins Drive and Yankee Doodle Road to allow more storm water capacity in the 66"trunk storm sewer in Mike Collins Drive at Aldrin Drive. E) Street Street improvements provide for constructing Aldrin Drive approximately 340' west of Mike Collins Drive as shown on Figure No. 5. The street improvements will end immediately east of the existing railroad spur. It's proposed to construct Aldrin Drive 36' wide. The 36' width will provide 2-18' wide driveway lanes with no parking or 2-14 wide driveway lanes with an 8'wide parking lane on one side. It's recommended the City review the street width design requirements to determine the most appropriate design. The design street section is listed below and is a 10 ton section. 2" Bituminous Wear Course 3" Bituminous Base Course 8" Class 5 100% crushed quarry rock 6. 49429.Rpt 3 The street construction also includes grading, concrete curb, driveway, and boulevard restoration. It's not proposed to construct the street across the railroad spur. F) Street Light One street light is proposed to be constructed at the northwest corner of Aldrin Drive and Mike Collins Drive. EASEMENTS AND PERMITS A 60' wide public street right-of-way exists for Aldrin Drive. Therefore, no additional street right-of-way will be required. All ponding and utility easement requirements will be provided with approval of development at no cost to the project. Permits are required from PCA, MWCC, and Minnesota Health Department for all utility extensions. COST ESTIMATE A detailed cost estimate for Project 639 is presented in Appendix A. The total estimated cost is $106,270. This cost includes 10% for contingencies and 30% for indirect costs which include administrative, engineering, interest, and legal expenses. COST SUMMARY ALDRIN DRIVE a. Sanitary Sewer $19,680 b. Water Main 25,530 c. Services 4,720 d. Storm Sewer 34,370 e. Street 47,970 f. Street Lights 1.150 TOTAL $133,420 7. 49429.Rpt "7 AREA TO BE INCLUDED Eagandale Center Industrial Park - 4th Addition Lot 191-03 Lot 191-04 Lot 192-03 Lot 192-04 Parcel No. 130-04 Lot 13, Block 3 ASSESSMENTS Assessments are proposed to be levied against the benefited properties. It's proposed to assess the sanitary sewer, water main, and street costs on a front foot basis to the four abutting lots along Aldrin Drive. The service is proposed to be assessed to the benefited lot north of Aldrin Drive. The front foot assessments would be as follows based on a total front footage of 677.42 feet. Front Foot Project Assessment Item Cost Rate Sanitary Sewer $19,680 $29.05 Water Main 25,530 37.69 Storm Sewer 34,370 50.74 Street 47,970 70.81 Street Light 1,150 1.70 All assessments will be revised based on final project costs. A preliminary Assessment Roll is presented in Appendix B. Trunk area and lateral assessments for existing utilities not previously assessed will be assessed as part of the development agreement. 8. 49429.Rpt r? C REVIIINUE SOURCES All project costs estimated for this project are proposed to be assessed.. Therefore, no costs will be required from the City's Major Street and Utility Fund. PROJECT SCHEDULE Present Feasibility Report August 18, 1992 /7 Public Hearing September 1,8, 1992 Approve Plans and Specifications September 15, 1992 Open Bids/Award Contract October 6, 1992 Substantial Completion November 25, 1992 Assessment Hearing August, 1993 First Payment Due with Real Estate Taxes May, 1994 • 9. 49429.Rpt '76 APPENDIX A PRELIMINARY COST ESTIMATE ALDRIN DRIVE UTILITY AND STREET IMPROVEMENTS PROJECT NO. 639 A) Sanitary Sewer Unit Unit Quantity Price Total 8" PVC Sanitary Sewer L.F. 300 $ 20.00 $ 6,000 Jack 8" Sanitary Sewer L.F. 40 150.00 6,000 Std. 4' dia. MI-I w/cstg Ea. 1 1,200.00 1,200 Connect to existing 8" PVC Ea. 1 500.00 500 8"x 6" PVC wye Ea. 1 60.00 60 $13,760 • +10% Contingencies 1,380 $15,140 +30% Indirect Costs 4,540 TOTAL $19,680 10. _ 49429.Rpt B) Water Main 12" DIP water main L.F. 300 $ 30.00 $ 9,000 Jack 12" DIP Water Main L.F. 30 150.00 4,500 6" DIP water main L.F. 15 20.00 300 12" B.V. & box Ea. 1 600.00 600 6" G.V. & box Ea. 1 400.00 400 Water Main fittings Lb. 700 1.50 1,050 Hydrant Ea. 1 1,400.00 1,400 Connect to existing 12" DIP Ea. 1 600.00 600 $17,850 +10% Contingencies 1.790 $19,640 +30% Indirect Costs 5.890 TOTAL $25,530 11. 49429.Rpt 98/ C) Service Unit Unit Quantity Price Total 6" PVC Sanitary service sewer L.F. 40 $ 20.00 $ 800 Std. 4' dia. Manhole w/cstg. Ea. 1 1,000.00 1,000 12"x 6" tee Ea. 1 500.00 500 6" DIP Water Service L.F. 30 20.00 600 6" G.V. & box w/plug Ea. 1 400.00 400 $3,300 +10% contingencies 330 $3,630 +30% Indirect Costs 1,090 TOTAL $4,720 D) Storm Sewer 30" RCP storm sewer L.F. 210 $ 36.00 $7,560 Jack 30" Storm Sewer L.F. 30 250 7,500 21" RCP storm sewer L.F. 90 34.00 3,060 15" RCP storm sewer L.F. 70 • 26.00 1,820 Std CBMH w/cstg Ea. 2 1,200.00 2,400 Std. CB w/cstg Ea. 1 1,000.00 1,000 15" RCP flared end Ea. 1 700.00 700 $24,040 +10% Contingencies 2.400 $26,440 +30% Indirect Costs 7,930 TOTAL $34,370 12. 49429.Rpt 77 E) Street Common excavation C.Y. 2,000 $ 5.00 $10,000 Class 5 aggregate base Ton 800 8.00 6,400 Bituminous base course Ton 230 15.00 3,450 Bituminous wear course Ton 150 18.00 2,700 Bituminous material for mixture Ton 25 150.00 3,750 B618 Concrete curb L.F. 680 7.00 4,760 Topsoil borrow C.Y. 200 10.00 2,000 Seed w/mulch & fertilizer Ac. 0.6 800.00 480 $33,540 +10% Contingencies 3.360 $36,900 +30% Indirect Costs 11.070 TOTAL $47,970 F) Street Light (Dakota Electric) $1,150 13. 49429.Rpt M 000 N a N o e ,1 , M 69 a f2, ^ 0 0 NI o 69 V* L N N a ovs to 0 N N N N 69 69 cij d 0 00 p M 1 0 Q O N N 00 a CI) n ri - M Il 11 O 69 69 a M a 0 v N N 4.3 s 2 I 4 t .64 E9 —tii i •I■p" •c N N M a a 69 69 5 0 is <4 0 O O M M 00 Cn Cn 00 00 .-i r-+ OA' .-a 1 69 69 Al a S 4., w.. wl c °+ 0 N N M M iv Fr a 0 U a 0 0 0 0 0 1 •U 4 4 .4 4-� moo. Cq' co 0 0 Q 0 0 Tr u aA a ►� a s Tr R/ 'J O t # ° I° E BLOCK 2 Q Z o I h LOT 12 BLOCK 3 _ LOT 13 � �__.....�__.::.... ........ � `e ma, v a £ U I �,I BLOCK 2 1- Proposed I � LOT 13 1 o 8" PVC Sanitary Sewer ' J A/drin Drive I Ex se RCP Storm Sewer 104 f , • 4. -.N ,- ■••-__ _Lot I I • i I I, r---) li I A I I r p 2F f........ ,f.7 L' .iI E t/■ a H BLOCK 2 � .� b DI I LOT 14 € o `° o I 1 i •, �� I yy J �' FACT A C.) 0 N ti i . j $ { 1�� 'v o so ,00 Scale in real Aldrin Drive Sanitary Sewer Improvements kJ Bonestroo_ Rosene NEI Anderlik b Utility & Street Improvements FIGURE 2 Associates Project No. 639 I nn Engineers 6 Architects Eagan, Minnesota I pl Bt.Paul•Milwaukee 49529F02.DWG AUGUST 1992 COMM. 49529 A . . • • • . _ .. i...4.0. • . .-r. N .r;•:-‘ ..: •,...:-: ..s: :•....:i--,,:: .- i Ni.;:-:- • I .., :-. ;...-- ...... . . -:. vivcrn if) 0 cn I ct Ik , i ....°) li I I BLOCK 2 LOT 12 i 4.. .... a LOT 13 -1 fel1 in BLOCK 2 1 1 e LOT 13 . I Aldrin Drive Ex 86. RCP Storm Sewer I St 1 4 (......-1--......-"---- 4 I 4---1--40 ......._ \ - I ■. .....I. 'I i'- I 1 1 1 I, i J u Hi . i Proposed i 12" DIP Water Main i CARTIGE 0- 0) • 1.1 D I BLOCK 2 i 6 is I LOT 14 1 i o € NJ- •d- -..s.,--- re) ,... 0 0 • I I 4) 1w1 .:: s--.•,:•••• •..•• k:• : ••-• ''••• : ••••• .....• r:: ii-c:.- ' C.) " 1 Ca Ch :r-1 N i ..*:::. • ••• 0 • i .-Z-- / - I— • i 0 0 A o 7, ......„. , z , 13 . l !m%i !Esi .... In fist Aldrin Drive Trunk Water Main Improvements Jig Bonestroo - Rosen. ■ Anderlik & Utility & Street Improvements FIGURE Associates Project No. 639 Eagan, Minnesota I Enginfeera 6 Architects ■ ..._........ ..._ St.Paul•AAllwauke• •: ::: •:-;A: :.•• -,...•NE!: -- ••-• :7,, .--E7R •I. :•-•:::-N • . . • :.c.. i r,.:: ••- a , .• ::.'.; :....... ... ... -.:. . .0 • Ni..:. .. - 1 ....,...:-er... t --- I / •••1 i .. 0 iC‘i 1 a,0) i ... kl BLOCK 2 z---Ii _ 1 , LOT 12 1 /... i . . 0 .9 BLOCK 3 1 _, i BLOCK 2 LOT 14 ;: WI LOT 13 i In 1 6? Aldrin Drive I Ex 6C RCP Storm Sewer r ( i1.---4---4. 111111111=1 '‘ c- -L.® ----. l)1 i 1PONYr.i I, I 1 i I Proposed 1 : 30" Storm Sewer . v BLOCK 2 LOT 14 E t,..,... . 0 , . -2 VI 3. , 0 i : •r7C...:.,..•:1‘.... .....:::, ::•+;....!:"....... • la .., • . : .::;(;',...:s. •• ali . 0 i.4 1 I et 43) 0 •:•-••. x,: ••t•t :••,Z ... CZ PO 0) 0, . •:-*:•‘:::...*: •• ..-- I .• *:• ••.1r....i s'• In:i\i: • . C.) 4 0) 1. -I- -I- 4 0 0 i liktk P q) i! ,...,.. i . 0 50 100 '. lEiiiiiiPM5■1 IRE.Z1 9 Seeie in feet Aldrin Drive Storm Sewer Improvements n Bonestroo Rosene _ , • Anderlik & Utility & Street Improvements FIGURE 4 m Associates Project No. 639 ! Eagan, Minnesota Engineers &Architects St. Paul•Milwaukee 49529F04.DWG AUGUST 1992 COMM. 49529 • A ...,:: •:::- , —. -••■•r4; i t-I-i-N4 i:•-- , itsii-i•—•-• • ....l.„- N- .4 •,-:- 1 .... •. 1-. • E...: .1.:.(N• " Al • 0 • Cl) . I i " I cb I BLOCK 2 II I § _ LOT 12 A I i 1 01'. F- 11 -i -- - i0 1 -./ I acc, BLOCK 3 1 i BLOCK 2 LOT 14 I i2 I LOT 13 Proposed 1 1.26A Proposed , „ 36' F—F Street Street Light !• Aldrin Drive Ex 66. RCP Storm Sewer 1 i 4 I 1 .--- Ili , % I i I I I I I ri I t i I.1 1 1 • I BLOCK 2 LOT 14 ,, ‘.0 ' ;4 . 11 1 al 0- -2 I 11.2 1 ill •-rr:R :'1 . i 6 Is I -4. •d- • • 0 I xi •:1- . 0 I La 1 0 I i 1 ti. 11.) ... •-: .::.. N. C4 • o t r:: - :-. • . e) i a) a) ..:- --.:1:.rsi:%.•• C) _ .,...:?..:: t.•.-• I.:•-•• 0) l— l-- •Z , CD CD r•I 0 . i 45 ---' i ....e....... fips, ,.. Aldrin Drive Street Improvements dal Bonestroo- Rosene 1 . ll Anderlik et Utility & Street Improvements FIGURE 5 iAssociates Project No. 639 Eagan, Minnesota 3),s- Engirwmpra a Arehltocts St.Paul•Milwaukeo 49529 F05.DWG AUGUST 1992 COMM. 49529 • Agenda Information Memo September 17, 1992, City Council Meeting VACATE EASEMENTS D. Vacate Easements, Deerwood School Addition--On August 18, the Council received a petition from Independent School District #196 requesting the vacation of a common lot line drainage and utility easement presently located as shown by the sketch and description enclosed on page S '7 . In response to this petition, the Council scheduled a public hearing to be held on September 17 to formally discuss any concerns associated with this request. This vacation is being requested to accommodate the construction of the new Middle School adjacent to the Deerwood Elementary School which will cross this lot line. All notices have been published in the legal newspaper and sent to all potentially interested parties informing them of this proposed vacation and hearing. As of this date, the staff has not received any objections to this proposed vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of drainage and utility easements as described for the Deerwood School Addition. 576 DCEPWooD DEIVE doeA /ne orzo{/, ,Nxk I, areouvcd 5a00/ A. 4 0C--5ce/PT/oN sear-cf./ Pie A Wow ARCHITECTS A A .s A ■a A #1\ ii . , A • 51 ) Z el ' ' ,I �'1 0 I- No • ScALC • 5\ • �y� O� SC�CC` . ,\ q T. tea, • ‘ : : --- \ VACATE EASEMENT IN DEERWOOD SCHOOL ADDITION The 5.00 foot drainage and utility easement located along the westerly northwesterly and westerly line of the plat of Deerwood School Addition, Dakota Countyy,,' Minnesota. 7 Agenda Information Memo September 17, 1992, City Council Meeting VACATE EASEMENTS E. Vacate Easements, Outlot A Coventry Pass Addition--On August 18, the Council received a petition from the developer requesting the vacation of various drainage and utility easements as shown by the sketch and legal description enclosed on page • '9 . In response to that petition, the Council scheduled a formal public hearing to be held on September 17 to discuss any concerns related to this request. Outlot A is proposed to be replatted into the Coventry Pass 4th Addition and all required drainage and utility easements will be rededicated with that plat. However, the approval and recording of this vacation should be subject to the recording of the final plat of the Coventry Pass 4th Addition. All notices have been published in the legal newspaper and sent to all interested parties informing them of this hearing. As of this date, staff has not received any objections to this proposed vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of drainage and utility easements as described over Outlot A, Coventry Pass Addition, subject to the approval and recording of the final plat for the Coventry Pass 4th Addition. • Ili ill g is ((. .°*•,, . •QBR • I ``':�AJ 4t.s IEtI '\. I �J 11;'1,?...; �9`J.'[JI -, +,$ 5...16'45 W ESK LANE #4.4.14,,..,,e..•_ K 1 3€4•E ▪ X xssoo 4 SI. I :il 1 i \t'S , {1 Ii Q eJ xs f" • N ' _ B SOY C O • Z CC a s• ri `N' 11111:1111:11 i li.i.i.i.i.I.:11.1::::::::::.i:: 1 .fll� X til Z !• — — — ---411:1141:11,11::::::::::::::::i'7,17 I , \_) . 4 e+r • � 4 V PAS I J l , " e e : fr CON/• \‘. tti >k t I Frr:3' ii:- OUT f I\ );, rf:i .. !o V !'11:3 1:i e i 4 1 „ r k: • tF', p • i 1 E.j : ., /it b,�V. X11 k�''• \M ' 0 p) p, • • , sr ''' ,,,, In " 1.a ,,I,I -t. \ .t Y"^ 0. fJ ' ', l•.1i' {E6SeJ�. — T�—� tj 1• 7. • 4•,. L• YY -- su.x - _- ? / DESCRIPTION OF EASEMENTS TO BE VACATED: All drainage and utility easements over, under and across Outlot A, Coventry Pass, Dakota County, Minnesota. Agenda Information Memo September 17, 1992, City Council Meeting VACATE EASEMENTS F. Vacate Easements (Lot 8, Block 2, Woodlands North Addition)—On August 18, the Council received a petition from the developer of the Woodlands Addition requesting the vacation of common lot line drainage and utility easements over Lot 8, Block 2,Woodlands North Addition, as shown by the sketch and legal description as shown on page 9/ Upon receipt of this petition, the Council ordered a public hearing to be held on September 17 to formally discuss any concerns associated with this vacation. This vacation is requested due to the fact that this lot is being replatted into the Great Oaks Addition which received final plat approval on August 18, 1992. All necessary easement were rededicated with that final plat approval. All notices were published in the legal newspaper and sent to all potentially interested parties. As of this date, the staff has not received any objections to this requested vacation of public easements. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of drainage and utility easements as described over Lot 8, Block 2, and Outlot D of the Woodlands North Addition. ■ t. � / / 1 r° rd tr C� t W // 5 tt _ 11 a o C C7 / /o \ P. c0 tJ . '_ <A-IS,' W '#'yN C0 q DENOTES EASEMENTS / 44 / ,\ `� *'j' law L TO BE VACATED _o N / v', \ ' / °' / ti� �� \\ / A`�l .r tr • ( \ o0 0 / N,CA \ c 1,,, OUTLOT / / , D \ I I so / ` ;t, / so / SO / • \ cc\ ,,,,,-,,„, \ / / 174.33 / S 881'01'00"a„-, �� ily‘6N / / �`. "" ,so 0 t \'O ' r*-'-, ''Pi,/ •' an,/ t�� '` / `, y V r\ .. / SC) ,// 1.u.'tc."i.,;).N / On • \ • 0 / / 1 C 1' / W'''M N• v., i/- z'//,/p / // \ '.`. ,\, Jots?'/C/1/• N .- N • rJtr ,I. / X1'•‘ --s ,SO // // Sn / 06) :..,. 'i'!;;•:,,..,\ 4'16,1 t Hwy, / / / / / ` •;7,z: N biro...res. .�t::r ■ / / / Q• / 2 /� . // // / �, °-� '� \ /� , / EXHIBIT B � �� \ August 12, 1992 DESCRIPTION OF DRAINAGE AND UTILITY EASEMENTS TO BE VACATED The DRAINAGE AND UTILITY EASEMENTS in LOT 8, BLOCK 2, THE WOODLANDS NORTH, according to the recorded plat thereof, Dakota County, Minnesota, as donated and dedicated by said plat. and 0 • That part of the DRAINAGE AND UTILITY EASEMENT in OUTLOT D, THE WOODLANDS NORTH, according to the recorded plat thereof, as donated and dedicated by said plat, which is adjacent to the north line of LOT 8, BLOCK 2, said THE WOODLANDS NORTH. Agenda Information Memo September 17, 1992 City Council PIPAISINPS COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT/ MEGHANS ADDITION/PULSAR INC. 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 Residential)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 Northeast Quarter of Section 30—This item has previously been before the City Council on several occasions including the meeting of September 1, at which time it was continued for additional analysis of multiple accesses on Nicols Road and a review of legal aspects concerning the potential for constructing a project on an existing plat. Information with respect to these issues continues to be developed at this time and will be distributed with Additional Information early next week. By way of background, in the meantime, enclosed on pages 9 through ?V are the City Council minutes of the September 1 meeting relative to this item. Also enclosed on pages through lais the original staff report and support information as distributed at the July 7, 1992 meeting. Associated with that, enclosed on pages 14 through /1/ is a copy of the City Council minutes from July 7. Finally, enclosed on page //.?is a copy of the revised plan reflecting single cul-de-sac access which is being analyzed by the Engineering Department for potential feasibility. As noted above, additional information from the City Attorney's office will be distributed with Additional Information. 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. EAGAN CITY COUNCIL MINUTES September 1, 1992 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 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 said this development was last considered at the July 7, 1992, regular City Council meeting and at that time staff was directed to work with the developers and Dakota County regarding access onto Diffley Road. After review by the County Board and the Physical Development Commission, the County has recommended no access onto Diffley Road. Mr. Hedges said that with the County denial, the developer requested Council consideration of an alternative plat without access onto Diffley Road. Staff has reviewed the plan and notices were sent to neighboring residents. Mark Parranto, representing Pulsar, Inc. , stated that they had gone before the County Board and the Physical Development Commission but because the development is a replat, the County is not required to provide access. Mr. Parranto said that because of the access refusal, the interior streets had to be reconfigured pushing the buildings back toward the single family homes. He presented an alternative with a single access onto Nicols amd said he could see no other alternative. John Bulke, 2141 Marble Lane, asked about the public safety aspects and suggested that if the development takes its only access onto Nicols Road that left-turn lanes and arrows be installed on Nicols at Diffley. Assistant City Engineer Mike Foertsch reported that with the road design as it is, the County does not feel that the Trips Per Day generated on Nicols warrant those changes. The Council then discussed whether two access points onto Nicols might not be preferable to one. Mr. Parranto said that the proposed access is at the low point on Nicols Road and that they would have problems with access at any other point. He then suggested platting the parcels for each building individually and take access directly off Diffley Road. He said the development could be composed of lots and blocks and would not require a plat. Mr. Parranto said it would, however, require variances to the City Code because the Code does not permit land locked parcels. The Council expressed reservations about a proposal that would attempt to skirt the County process but did suggest further investigation into dual access onto Nicols Road. 93 Wachter moved, Awada seconded, a motion directing the City Attorney to review the developer's proposal to condominimize the units and determine whether it is feasible to replace the proposed Meghans Road with two access points onto Nicols Road. Aye: 4 Nay: 0 The Council advised Mr. Parranto to attempt to configure the property in such a way that it would not bring the townhouses closer to the single-family properties. 7 • 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. As a 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. 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. • • 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 now 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 QUALITY: 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 4.5 feet below the NWL to discourage weed growth from the middle of the pond. 97 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. 1935/ff 712.1 ff 13,922 Storm Sewer • Storm Sewer M.F. .087/sf 400,416 sf 34.836 Trunk Total S6- There are levied assessments totaling 544,338 attached to these parcels. • • 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, Bl, B2, B3, B4, Cl, C2, C4, C5, D1, El, Fl, Gl, 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%. /oO STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1 . This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. 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, pending, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development shall dedicate adequate drainage and pending easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. c. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. /o/ STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency.. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Water Oualitv Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of pending requirements in accordance with the criteria identified in the City's Water -Quality Management Plan. • E. Other 1. All standard platting and Boning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 • plataprv.con LTS *2 A/P, . T– .1, .e.7...r ., ,,. )7•-r---- ,IiW--- . — ,• • ) i If:/ w /t t:,°M�'^SE c, �_ .1 ADC ' , r''''e; (Ite, °I 1 : i\fps, r``( 1 71:*tag-4 . 6....; C�rrLE. fro �, . :- — =7' j-"'"11",... 2�B LOCATION / 1= .1 .-wsE:.. ��' l RNER malt .1 ti (i ,yt �� E -:i517' PARK f L.- `4`•.., :' . . cram—1...,,, .• r1«z it KM • "T ._- -"45'-'7. _ yrr . . l's.Zi, r. T.. :�~ew'� , °---1"---Th. •~ - ' i.. _ c • 7, .0/. 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A./i/ / / +, ; . • f• . ?-.ro v..il . ./...7 , 1 so i . ,1-. ... .,/, •.,/ • ! v; • -w / if, „ r) 1 t . " // 11 1 .... - t /I if til t /, / i 1 - II . . , 1 D......e • ipkr , , . -• . ','!:1 A-a i • -"- 7 t .7 veP nil c.i tJi*r1) 1 i. :;,1i.'.;s1tiI.t 1 I 1 :',11/1&i,l 1•t i1. 1,!!.i..l1 lV$i!1 k"•‘si i i:hi• l 1 ir I -' f. . . ion.. ,' i Nei .i!I 4/ • 6 ,,., ! , ;I i II ; ,al. ,„„,„ ......s: i 88,7'.0 •.1 • I. ..- % .. I !, ' :."1 ; . , _ i d—,-, • • . . ..,.\„ •.\., • • :, " el•if ' ti":" . '_11 ":kW I.\c •-4 17, , .'•_••„., • . %.. .,•• . \•. ,. ; NA" 1 1 :'-..• . . -.. •\ '. , • . - 0., • ;. ity Tilt\\ , ; lir ' .4 1 !, , :• . .. • ZN ; , :. i • 1 .... NMI It., ! 1 • 1 ' i •, 'it .. .: s : . , . : It t.....! ! I f g: • •, ., ,, ...• .-• ; I : ...T.P14-• . .i 11 I "i-f.. Ati+1 ;a4 • IP ! .• i - '1! L.:, FIGURE No. 17 . . _•_--- STORM SEWER LAYOUT . • MAP • • • . CITY OF . EAGAN, sg) . . y 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 moved, McCrea seconded, a motion to approve the Consent Agenda as amended Aye: 5 Nay: 0 RATIFICATION/EAGAN CORRIDOR POSITION Egan moved 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 'UBLICHRABI .G ................................................ ............................................... ................................................ 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, AfcCrea seconded, a motion to close the public hearing and approve Project 632, Weston ' Hills Addition (Trunk Utilities) deferring the trunk area storm sewer assessment against Outlots A and B, Weston Hills, until the time of future development and at the then future rates. Aye: S 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 • << 1GD<BUSINESS 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 /V 7 4 v 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 $60,000 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. I/O Et 4 • 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 addition,because a rezoning cannot be "conditioned," City Attorney Mike Dougherty suggested that the City Council direct staff to work with the County regarding the access onto Diffley Road. He also pointed out that the rezoning could not be held in abeyance while an approved preliminary plat went to the County Board for discussion of the access; the rezoning would have to take place before the preliminary plat could be approved. It was noted that without the second access, a commercial development may be a more appropriate use of the property. City Administrator Hedges said that Staff would work with the developer on the assessment 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 the appropriate Dakota County officials indicating that the City Council has reviewed the Meghans Addition proposal, specifically the preliminary plat component, views it favorably and wants to express its desire that the County Board formally review this project based upon the City's letter for purposes of determining the access onto Dif j7ey Road. Mr. Parranto requested that in order to keep the project moving,Staff be directed to begin preparation of the development agreement. The City Council agreed. Aye: S Nay: 0 RECOMMENDATION/SIGN TASK FORCE REPRESENTATIVES Mayor Egan introduced this item as the recommendations for Sign Task Force representatives. City Administrator Hedges provided copies of a letter of application from resident, Ann Uzendoski, which was received Tuesday, July 7. • After the first ballot, Larry Alderks, Sheryl Casey, and Ann Uzendoski were elected to represent 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 representative from the Advisory Planning Commission,Gary Graves;the representative from the Advisory Parks,Recreation, and Natural Resources Commission,Jonathan Widem;and the representative from the Economic Development Commission,Tom Pederson. NEW BUSYNESS:: CONTRACT 92-05/MISCELLANEOUS PROJECTS Mayor Egan introduced this item as Contract 92-05, receive bids/award contract (Oak 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 advertisement for bids (Great Oaks Addition & Woodlands North 2nd - Streets & Utilities). /1/ -.r...... ----___1_,__, I L___.....L_ _i___- -J " --, / / / ' 1 1 I , y /-.. . I 1 I l I I ` ` � I 4 . . y ... 1 1 I 1 M j I I I . . / I. I .7 / / , . , -- / , / ftftl '•. • oil/� S � ■ y`. ' • I / / ** '. 1` I 441 OISC I ii / N N ! �`, " 1. . . -- i tv iir 1 *1 . ..-,.4IIIIJ 1 I /its I----- 011111011111.11 I% ' a supolp 1 it a I - • .11 1 1 I i ► 1 .1- ■midi . 1 . AO i o . _ at • • 1 . ti- - I I 1 2 NI( r i - 1 il I ' - 0- " I ' III 1 1 u 1 I I -� j I _ _ 1I1 t-' �. ,c-L-----_ _ __ i . _ ---IMO■•■••■• •••■ 1 I L. .° .:ftgl'n I ILT:::. I , IIrI , I I I //c2 . 1 Agenda Information Memo September 17, 1992 City Council Meeting MODIFICATION/PRELIMINARY PLAT/Ss. MARTHA & MARY EPISCOPAL CHURCH B. Modification of Preliminary Plat, Episcopal Church Addition/Ss. Martha & Mary Episcopal Church to Exclude Lot 1, Block 1, Kirschner Plaza from Final Plat--This item was previously before the City Council at its meeting of September 1 and was continued to provide representatives of the church an opportunity to be present and respond to questions. As noted at that time, a request has been received from Rev. George Martin of Ss. Martha& Mary Church to remove the lot,including the temporary church office located at 1021 Diffley Road from the preliminary plat as it was approved by the City for development of the church building. Rev. Martin considers this to be of a technical nature since it had been his understanding that the lot had been excluded from the preliminary plat as it was originally presented. Rev. Martin does not believe that the house or the lot themselves will be used as part of the development once the church is constructed. Enclosed on pages aythrough /17 is a copy of a letter from Rev. Martin together with a location map and the proposed and original plat boundaries. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request from Ss. Martha & Mary Episcopal Church to exclude Lot 1, Block 1, Kirschner Plaza from the preliminary plat and, therefore, final plat of the Episcopal Church Addition as described. /13 Ss. Martha & Mary Episcopal Church „ 1021 Diffley Rd. Eagan, MN 55123 RECEIVED AUG 1 C 1992 111111MARRAX (612) 681-0219 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 • - . 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' ,...,, a""--.�"?;=-►airs � ; . !j' >�l�ti o "�.. i .-•• ENUE I— I `''mow --. -•%\sl.. li I• .M : •..,. . '. } evTY arO43 s- , i • 1 (..---- . } I 1 rl Agenda Information Memo September 17, 1992 City Council Meeting NEWBUSINESS CITY CODE AMENDMENT/TRAFFIC REGULATION/HANDICAPPED VEHICLE A. Ordinance Amendment, to Eagan City Code Chapter 8, Traffic Regulations, Special Vehicle Use by Handicapped--At the request of an Eagan citizen with a handicap, City staff has reviewed statutory standards relative to special vehicle use on public roadways. A copy of Minnesota Statutes 169.045 and following relative to this item is enclosed on pages 9 through / )O for your review. Based upon this information, staff is drafting a proposed ordinance amendment enclosed on pages /2/through Z12 which will provide a permit process whereby persons with handicaps could operate motorized golf carts or four wheel all terrain vehicles on public roadways. The language in the ordinance amendment is consistent with that in the statute. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an ordinance amending Eagan City Code Chapter 8 concerning traffic regulations to permit special vehicle use by persons with handicaps as presented. • //K vehicle towed in violation of this section is entitled to recover from the towing authority the greater of $100 or two times the actual damages sustained as a result of the violation. Damages recoverable under this subdivision include but are not limited to costs of recovering the vehicle, including time spent and transportation costs. HIST: 1989 c 256 s 1; 1990 c 503 s 1 169.045 SPECIAL VEHICLE USE OM ROADWAY. Subdivision 1. Designation of roadways, permit. The governing body of any home rule charter or statutory city or town may by ordinance authorize the operation of motorized golf carts, or four-wheel all-terrain vehicles, on designated roadways or portions thereof under its jurisdiction. Authorization to operate a motorized golf cart or four-wheel all-terrain vehicle is by permit only. For purposes of this section, a four-wheel all-terrain vehicle is a motorized flotation'-tired vehicle with four low-pressure tires that is limited in engine displacement of less than 800 cubic • centimeters and total dry weight less than 600 pounds. Subd. 2. Ordinance. The ordinance shall designate the roadways, prescribe the form of the application for the permit, require evidence of insurance complying with the provisions of section 65B.48, subdivision 5 and may prescribe conditions, not inconsistent with the provisions of this • section, under which a permit may be granted. Permits may be granted for a period of not to exceed one year, and may be annually renewed. A permit may be revoked at any time if there is evidence that the permittee cannot safely operate the motorized golf cart or four-wheel all-terrain vehicle on the designated roadways. The ordinance may require, as a condition to obtaining a permit, that the applicant submit a certificate signed by a physician that the applicant is able to safely operate a motorized golf cart or four-wheel all-terrain vehicle on the roadways designated. • Subd. 3. Times of operation. Motorized golf carts and four-wheel all-terrain vehicles may only be operated on designated roadways from sunrise to sunset. They shall not be • operated in inclement weather or when visibility is .impaired by weather, smoke, fog or other conditions, or at any time when there is insufficient light to clearly see persons.and vehicles • on the roadway at a distance of 500 feet. Subd. 4. Slow-moving vehicle emblem. Motorized golf carts shall display the slow-moving vehicle emblem provided for in section 169.522, when operated on designated roadways. Subd. 5. Crossing intersecting highways. The operator, under permit, of a motorized golf cart or four-wheel all-terrain vehicle may cross any street or highway intersecting a designated roadway. Subd. 6. Application of traffic laws. Every person 279 /1? • • operating a motorized golf cart or four-wheel all-terrain vehicle under permit on designated roadways has all the rights and duties applicable to the driver of any other vehicle under the provisions of this chapter, except when those provisions cannot reasonably be applied to motorized golf carts or four-wheel all-terrain vehicles and except as otherwise specifically provided in subdivision 7. Subd. 7. Nonapplication of certain laws. The provisions of chapter 171, are not applicable to persons operating motorized golf carts or four-wheel all-terrain vehicles under permit on designated roadways pursuant to this section. Except for the requirements of section 169.70, the provisions of this chapter relating to equipment on vehicles is not applicable to motorized golf carts or four-wheel all-terrain vehicles operating, under permit, on designated roadways. Subd. 8. Insurance. In the event persons operating a motorized golf cart or four-wheel, all-terrain vehicle under this section cannot obtain liability insurance in the private market, that person may purchase automobile insurance, including no-fault coverage,' from the Minnesota Automobile Assigned Risk Plan at a rate to be determined by the commissioner of commerce. MIST: 1982 c 549 s 2; 1986 c 452 s 19; 1Sp1986 c 3 art 2 s 12; 1987 c .337 s 121,122 169.05 PRIVATE ROADWAYS. Nothing in this chapter shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right, from prohibiting such use, or from requiring other or different or additional conditions than those specified in this chapter, or otherwise regulating such use as may seem best to such owner. MIST: (2720-159) 1937 c 464 s 9 169.06 SIGNS, SIGNALS, MARKINGS. Subdivision 1. Uniform system. The commissioner shall adopt a manual and specifications for a uniform system of traffic-control devices consistent with the provisions of this chapter for use upon highways within this state. Such uniform system shall correlate with and so far as possible conform to the system then current as approved by the American Association of State Highway Officials. The manual and specifications must include the design and wording of minimum-maintenance road signs. The adoption of the manual and specifications by the commissioner as herein provided is specifically exempted from the provisions and requirements of sections 14.02, 14.04 to 14.36, 14.38, 14.44 to 14.45, and 14.57 to 14.62 and acts amendatory thereto. Subd. 2. Placement and maintenance on trunk highways. I The commissioner shall place and maintain such 280 / O ORDINANCE NO. , 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 8 ENTITLED "TRAFFIC REGULATIONS" BY ADDING A PROVISION RELATING TO SPECIAL VEHICLE USE BY HANDICAPPED; AND, BY ADOPTING BY REFERENCE, EAGAN CITY CODE CHAPTER 1 AND SECTION 8. 99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1 . Eagan City Code, Chapter 8, is hereby amended by adding a Section, to read: SEC. 8 . 08. SPECIAL VEHICLE USE BY HANDICAPPED. Subd. 1 . Operation Authorized. Operation of motorized golf carts or four-wheel all-terrain vehicles are hereby authorized on the roadways of all streets , except such as are prohibited by resolution of the Council, and only in strict compliance with this Section. For the purpose of this Section, a four-wheel all-terrain vehicle is a motorized floatation-tired vehicle with four low-pressure tires that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds. Subd. 2 . Permits . Permits shall be issued only to handicapped persons as defined by statute. Application for a permit to operate a motorized golf cart or a four-wheel all-terrain vehicle on the roadways of streets shall include the name and address of the applicant and such other information as may from time-to-time be required by the Council . Applications for initial or renewal permits shall be accompanied by a certificate signed by a physician stating that the applicant is capable of safely operating a motorized golf cart or a four-wheel all-terrain vehicle on the roadway of streets . All permits shall expire on December 31, unless renewed. The fee for a permit shall be fixed by resolution of the Council. Subd. 3 . Unlawful Acts. It is unlawful for any person to operate a motorized golf cart or a four-wheel all-terrain vehicle on the roadway of a street unless: A. The operator has in possession a valid, current and unrevoked permit from the City. B. The operation is on a roadway which has not been designated as prohibited for such operation, except crossing at an intersection. C. The operation is during daylight hours between sunrise and sunset. 4'V t D. The operation is not during inclement weather , or when visibility is impaired by weather, smoke, fog, or other conditions, or when there is insufficient light to clearly see persons or vehicles thereon at a distance of 500 feet. E. The motorized golf cart or four-wheel all-terrain vehicle displays a slow moving vehicle emblem, as described by statute, on the rear thereof . • F. The motorized golf cart or four-wheel all-terrain vehicle is equipped with rear view mirrors as required by statute for other vehicles. G. The operator has insurance coverage. In the event persons operating a motorized golf cart or four- wheel all-terrain vehicle under this Section cannot obtain liability insurance in the private market, that person may purchase automobile insurance, including no-fault coverage, from the Minnesota Automobile Assigned Risk Plan. H. The operator observes all traffic laws , except such as cannot reasonably be applied to motorized golf carts or four-wheel all-terrain vehicles . Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 8. 99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: By: Its: Clerk Its: Mayor Date Ordinance Adopted: . Date Ordinance Published in the Legal Newspaper: /c"2c)- Agenda Information Memo September 17, 1992 City Council Meeting LOT COVERAGE VARIANCE/BUFFER HILLS ADDITION B. Variance, Don Christianson, of 1.3% to the 20% maximum building coverage, located at Lot 6, Block 1, Buffer Hills Addition--An application has been received of Don Christianson for a 1.3%variance to the maximum 20%building coverage requirement. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on pages jaaythrough,Q5for your review. You will recall that the City Council authorized issuance of a building permit conditioned upon this application for variance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Don Christianson for Lot 6, Block 1, Buffer Hills Addition of 1.3% to the maximum 20% building coverage requirement as presented. • ) 02 .3 SUBJECT: VARIANCE APPLICANT: DON CHRISTIANSON LOCATION: LOT 6, BLOCK 1, BUFFER HILLS EXISTING ZONING: R-2 (DUPLEX) DATE OF PUBLIC HEARING: SEPTEMBER 17, 1992 DATE OF REPORT: SEPTEMBER 9, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance of 1.3% to the 20% maximum building coverage. COMMENTS: Mr. Christianson is proposing a duplex for Lot 6, Block 1, Buffer Hills. The proposed square footage of the duplex exceeds the maximum 20% building coverage by 1.3%. Mr. Christianson was made aware of this and appeared before the September 1, 1992 regular City Council meeting where direction was given to issue the building permit subject to the application of a Variance. Mr. Christianson has submitted proper application requirements and is requesting Council approval for the 1.3% Variance to the 20% maximum building coverage. If approved, this Variance shall be subject to all applicable Code requirements. 5^ II ' O'LEARY F 'a NE - ,r/ N W �o . r io MI a _�ill Y V � 0 A., • Y rid i �LANE w _ t Y N Y.I I �,m�n� , r — AGE I A r.-^^�T Cti�, r: l T. . .� y F ICK RISj ENGI CFO/ F1 `KDLSTAD L .. IA t�� S SE ROAD I' r... .'V # 7 t K %RE DEPT. �:`�; NINARK 4-, COMM FTr��I T•T.0 r k ':1 .�y AR� 1 CT .,, . ARK AIL E t W W t'IL '► _ —RO w 7 EAGAN o �'I ') cl MUN/C1PAL 3 bF`ACLIFF I a' K � CENTER wINDCRFST AVE)�Nr : / Stvew .. • IN /e2 q Certificate For: 136 - c? Don Christenson • or N • • ' .101)iC DELMAR H. SCHWANZ LAND SURVEYORS.INC. Rsobferod Under Lem of The Stet*of MlnnMofS 14750 SOUTH ROBERT TRAIL ROSEMOUNT,MINNESOTA 55068 612/423-1759 SURVEYOR'S CERTIFICATE T //• CPIE5T r 1 !.)c-z. L_/1NE f°Vp(0,6 60416% i) Scale: 1 inch = 30 feet • f X . WE�T t 4�3 = Existing spot elev. ,,t IOO,00 �9{ ,h t'0. 0 3o.0 f3 5 at i = Proposed elevation f �6e - - o e 3i lO tc� 5 1•� cc I -rt- • ;,94.c 1 „.01""witilli„4, , 0'4 0 tt NE S 0''4:,. 0 3x.5 �K I 4 b �� t�;•-•• �'.,��i U �J v� I 6� :4‘" *'• DELMAR H. ..*'' G 1 I SCHWANZ`� - Unit 1 I ��,1,� b.' f \ 8625__ : •.tQ� is A V- A :NrofS'•••................e. . 1 \i,, 1 -,-.. ,:i q ti i hi v' 6 I I N 4 � � . } I , /� o'''' Proposed garage floor elev_ Unit 2 t ` Unit 1 8626-• i ill ca ri ar7 n I !� Unit 2 885. s ��i f Bg�!, Z Top of block elevation c) !� 4-! ---- \ '�% +it Unit 1 88�.y — $ Unit 2 884.6 Q l d 3„//t - 7 h: " Lowest level elevation.-- , , %_,_, ,K - ip M 30 BUT/C/Ty E"11 )• -� Unit 1 885',6 TT, - . ____ Unit 2 R8 S.b j�. 0� Z9.0� I i 53.5 1 qt,t I 9'4` ,,e3., 99.o% T'S BM: Top nut of hydrant at northeast ,1 589-41-co E quadrant of intersection of : I Crestridge Land and !Crestwood Description: Lane. = 886.48 Lot 6, Block 1, BUFFER HILLS, according to the recorded _ I hereby certify that this survey,plan,or report was plat thereof, Dakota County, MN. prepared by me or under my direct supervision and Also showing the 1 that t em a duly Registered Land Surveyor under 9 at -n of o••s I. building thereon. the laws of the State of Minnesota. .1 ` u/ .. , 41-.11-411111 08-19-92 Delmar H.Schwan Dated Minnesota Registration No.5525 Revised 08-24-92 • ' S-- • . / L.Sa Agenda Information Memo September 17, 1992 City Council Meeting PUBLIC RIGHT-OF-WAY SETBACK/RON YESCAVAGE C. Variance, Ron Yescavage of 15' to the 30' Required Setback from Public Right-of-Way Located at Lot 8,Block 2,Ridgecliffe 1st Addition—An application has been received of Ron Yescavage of 1715 Nokia Way for a 15 foot variance to the required 30 foot setback from Bamble Circle for construction of a freestanding garage. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on pages through /aZ'for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Ron Yescavage of 15 feet to the required 30 foot setback from a public right-of-way for property located at Lot 8, Block 2, Ridgecliffe 1st Addition as presented. /026 SUBJECT: VARIANCE APPLICANT: RON YESCAVAGE LOCATION: NE QUARTER SECTION 32 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: SEPTEMBER 17, 1992 DATE OF REPORT: SEPTEMBER 8, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance of 15' from the required 30' setback along'the public street for Lot 8, Block 2, Ridgecliffe 1st Addition, located on the NE corner of Nokia Way and Bamble Circle. COMMENTS: The applicant is proposing a 20'x 24'free-standing garage that will encroach 15' into the required 30' setback off Bamble Circle. Currently,there is an existing home, 22' x 20' attached garage, and 12' x 16' shed on the lot. Access to the existing garage is taken from Nokia Way and the proposed garage will gain access from Bamble Circle. According to the applicant, the 15' Variance is necessary due to existing conditions that include an 18' x 36' in-ground pool, landscaping, and an underground irrigation system. If approved, this Variance shall be subject to: 1. A permit to work in the City right-of-way shall be obtained from the engineering department prior to construction. 2. All applicable City Codes. . • 4—MEADOMZAAD e ii `Uv �t a / , J ,ML, V \ ,AMAS p .. it==41tit 5Vy ,/ �-. r 1 SW LARD i� �� to•41.m..fir g ZI -,� rq.)rr ; 1 I .-\ j, .rte h /� g• �� i'S2 sot 6 3 •gI '(Co rw No 52f ' ^ r i Lai IA _t f yIDtEM70N =--/- / 4 'IP/i •' lJ• -g:Op • _rg m WALDEN $51� c. ,NE e ~ NV Y PARK NI u 5 • r _ 1(tiE c'—‘al ';:c - "•,;,:_:311v-*44; i _,Adj-----.11 cii"),J I - .,./ „,0 •44:-.1.7-t.i5,51 ,:::0„,, zi. J. . loa.- ., 06-S) (...Si , _ ., � R, Ci./ff PARK W} '6.--_ .� i , ' `-t.1 1- PE 3:SALEM PL ' 2. PT I�•�MCKSTOME Pt. iJ v f"^' /�1I I. 11O PT. M-WROUIS PT "� •= v �T! �,/�' ,% ® ♦• AMA PT IS-TRAVERSE P \ rot ,C4Lpy L `_as ,��e S• STEAD PT K-SORREL PT /`—J 33" /��-�, ! A•bSAGE PT IT•*DATA PT cuto..`CL eT 1 V'�m ...smarm _- — ._-... .... .v _....." a �,.:.m....�a • s Sizil; C. R. WINDEN 3 ASSOCIATES, :NC. Vet LAND SURVEYORS Tel `45'3646 - (! 1381 EUSTIS ST., ST. PAUL, MINN. 55108 FOR: U. S. HOME CORPORATION , o/ .r - Boa \ • „II . 0 2,-,39 Jo. -- 11-4- 4-\ P" \ . Y - % \ V - SCALE E I"= 3o• 0(/ . . ', L\ o DENOTES IRON `:' ° fil OAP`/// '. ; - A,°r'� nA a �.i__ b y � • 43 '� Po _ „a s t ! • \G ' kl*kli‘ % ' E `O *c.,. Jo'40\ `d Pte ,: ' VW S".1' 3F 1 l '?-°,..,,,4,4,17 �' ( . \ 1 v a 4.rrT, cN `p \.- lik 7\ s '''•-',, ,--.) t.,. \ ,i,,c, . .../ \ s6< 4,‘A '''.. ) o .,4 o �.9s 0 .. es e e , 5 V Lot 8, ?I. 2 , Ridgecliffe First Addi , Dakota County, Minnesota. E «Y CERTIFY THAT T. IS A TruE AND CORRECT REPRESENTATION OF A SURVEY OF THE --DARsES OF THE 1. - • ABOVE DESCRIBED AND OF THE LOCATION OF ALL BUILDINGS, IF ANY, I, AND Al- '15,11LE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND Dctr.a '* '.'.t!5 day of C P/. A.D. MB/ C. R. W1_NDEN & ASSOCIATES, INC. (2?Si .: bv - Sur".��r, Astishesara tagisirctio.n Srlo_7Za,-__ Agenda Information Memo September 17, 1992 City Council Meeting CHRISTMAS TREE SALES PERMIT/BILL BRABEC D. Special Use Permit, Bill Brabec for Temporary Sale of Christmas Trees on Lot 30, Block 2, Knob Hill Professional Park--An application has been received of Bill Brabec for the above-referenced special use permit for Christmas tree sales. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages 131)through 1.12 for your review. The applicant has previously sold trees within the City. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit for Bill Brabec to allow the temporary sale of Christmas trees on Lot 30, Block 2, Knob Hill Professional Park as presented. /c72/ SUBJECT: SPECIAL USE PERMIT APPLICANT: BILL BRABEC LOCATION: LOT 3, BLOCK 2, KNOB HILL PROFESSIONAL PARK EXISTING ZONING: LB-PD (LIMITED BUSINESS-PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: SEPTEMBER 17, 1992 DATE OF REPORT: SEPTEMBER 8, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow temporary Christmas tree sales on Lot 3, Block 2, Knob Hill Professional Park. COMMENTS: The applicant is requesting a 100'x 100' temporary Christmas tree sales lot along Knob Lane from November 21 through December 22, 1992. The proposed tree lot would be open: Monday - Friday 3:30 p.m. - 9:00 p.m., Saturday 9:00 a.m. - 9:00 p.m., and Sunday 12:00 p.m. - 9:00 p.m. The applicant has sold Christmas trees in Eagan three years prior to this request. If approved, this Special Use Permit shall be subject to the following: 1. Sales shall begin no sooner than November 21, 1992. 2. Sales shall cease December 22, 1992. 3. All applicable Codes shall be adhered to. • / . Rw•Os/ 1i... f 'iL QR-,ca• r' ® e yM 0 OS OR NIL S F, • - Bf PRY PATCH 0:.Rw000 PA4If DM .S 4 V ¢`v # �T I1-P/W p ',�tri A c ■ c4 ' No 30 HEINE C. A. Ag a�4 - - v z j ' ROA' PQ7a c . oa ti' s", f F. t ?pi : p 4-Slid '•FMSRNP�"E •'• i - J s. S-FR,ti —r H i W .039 . /3 e)I 1/ • A ' y - ( -"-::.1.-74.•. ' FR • • Brabec- Special Use Permit LI \ i I \ ...............\4:s:// 43Qif /?. .-- , le .biz i s—-- f0 - ,. 11--, go* ..4XZ, - .Mf. 1• ' 11--1-.7.6;...':.■i'"'.1 1,.- -..- - 7 rtz.- s._ Twat es/see -ill! -.•• air!Li 1 •it I et I I •11 I; r/ --.If + .i 1 1, • fill , , 10 1,ais j *N,,a u•�.» w .t "_p0.Y1!W 1= ,l ., L NTH ! d Z ej r ♦ - 1 t_3 y i�' ; .L ...r� °t _Al, / . • i t ,,s il 111144 k e, 7 1 s y r -- •..,M �� t JiJ 0.11.•:: !� ..,e » e, "mss— f' , __ ��.._!,, /` •°z BEAUTIFUL SAVIOR NDS r 7,i �4rt 6Y o . ,! S i — / FIRST Q i I \--if i': ,�..' t .,f' - .f•>J a e 41 so wee Res►w1 NM N" 1, ro" Ql I ` `` 7a. W ADD'-TION R a .,• '' C;\ f•�� 'tom LIIIIIIIII r .a� •° ,A� s,"S f 11r . t 99 4. I Q 1 H I L, T O P • y J /::s ...Iv. f Q I J • Q y J ^ `J N N/ ;1, t � , •. + F- -- 4 inn iota_ _. - �\ • �. yr A �� Nt. _ I, g� • .0 8 PLAZA O ? 1 • e s 032-01 031-01 tR •.0 , S ' 1 ,Iy MeV ' NO 2• & 26 A ( D I F F LEY ROAD ) / $ L -__R_ - Rua.-- .uJN-- c 30 /3/ • /) SJow c g 3) / r,t',,5 c21 ec hr • J ,4 76/ 114 FZf� � ° ay ca �i I ,c) tit -6l P/Fftey /1 Dr • /32 Agenda Information Memo September 17, 1992 City Council Meeting CHRISTMAS TREE SALES PERMIT/JAMES BARTIZAL E. Special Use Permit,James Bartizal for the Temporary Sale of Christmas Trees on Lot 3, Block 1, Thomas Lake Center--An application has been received of James Bartizal for a temporary Christmas tree sales lot at Thomas Lake Center. Mr. Bartizal has had permits to operate at this location for the past five years. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages/qr through /3,$for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit for James Bartizal to allow the temporary sale of Christmas trees on Lot 3,Block 1, Thomas Lake Center as presented. /33 SUBJECT: SPECIAL USE PERMIT APPLICANT: JAMES BARTIZAL LOCATION: LOT 3, BLOCK 1, THOMAS LAKE CENTER SW SECTION 28 EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: SEPTEMBER 17, 1992 DATE OF REPORT: SEPTEMBER 8, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow temporary Christmas tree sales at the Thomas Lake Center shopping mall. The applicant would begin set up around the 14th of November with sales beginning on November 27. The sales operation tear down and clean-up will be completed by January 3, 1993. The applicant has been granted a Special Use Permit for temporary tree sales at this site for the past five years. If approved, this Conditional Use Permit shall be subject to the following: . 1. The permit is temporary and shall expire after December.25, 1992. 2. The permit shall be subject to all applicable Code requirements. tl — ,k7 35 84r[0), x r -. .P.D1 Jutuji I CCAN S ACP �J RGREE .+< r:— RYI 6 LA `J EST° • cir O RORA' -..\\ - -11 i i l RE A7 l z a ,1 u l cla .,,r ,:G © & a 3 l:Q !i I I 9 _ — /47, a zr.7 1 • ..' k' .' F '"..7 -'......;* 77('-11. Ste. `�J NlLI ��p i--_RPL lm 1 n Va. `s`�-•. $1 _BEE_AFiJ ® c �! — � ^l DR r• •- ,r,........._,, . ...A. . ,,,_ 0 .... ,- 'cl ..,-- , - Amu, t5Eak i„, _.),.,,,,,, ,.,,...- . „„C v L r S .. . KIp ,, -�5 WAY _ . .., N0 AC'S ,...._. ...„ `.r ,„1,,,..!Q,,,„.- 3 4� i.p....„)`k I ENT ON < _ v 4 / L"C""F nLA / O r 4q, a "a! < E WALD(v�/1 I' z 1 1 ME/GA ,.SEhJ4 l�U�, I PARIr NE W LA�11\*l' �'�L(� cT�1�rt NE q1'�` +� �` NW � am_ .,._, I i N !1 � .,, .t:�*., i. _- LAP I . oYo 3>1V1 SdWOHl • -.1 r. . N.. 7 •O en N O � -! pNJ N 1 / 1 1 r J LL o 1 N.) 7 0 H N O > z ._,_ : ' J J —� 17 o a IQ tu __:_._ 0 0 Q •C •3 z Q .. 1 f � 0 0 0 LL CC "<:":3 \ / ) • U. . o ID tt O ; tLL: 0In o0 0 i cl I /3-C • Agenda Information Memo September 17, 1992 City Council Meeting REZONING/BURNSVILLE LUMBER/WHISPERING WOODS F. Rezoning, Burnsville Lumber Company, Inc., of Approximately 1.4 AG (Agricultural) Acres to R-1 (Single Family) Located Along the North Side of Four Seasons Drive in the Southwest Quarter of Section 31—An application has been received of Burnsville Lumber Company for the rezoning of 1.4 acres from agricultural to R-1 (Single Family) adjacent to Four Seasons Drive. The purpose of this rezoning is to facilitate the phased platting of the Whispering Woods subdivision. For additional information with respect to this application and the circumstances surrounding the phased development of Whispering Woods, please refer to the Community Development Department staff report which is enclosed on pages / hrough /3,for your review. Also enclosed on page 4VOis a copy of the Advisory Planning Commission minutes with respect to this item. The APC is recommending approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning for Burnsville Lumber Company, Inc. of approximately 1.4 AG (Agricultural) acres to R-1 (Single Family) located along the north side of Four Seasons Drive in the southwest quarter of Section 31 as presented. /3 SUBJECT: REZONING APPLICANT: BURNSVILLE LUMBER CO. INC. LOCATION: SW 1/4 OF SECTION 31 EXISTING ZONING: AGRICULTURAL 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 Rezoning of approximately 1.4 acres from Agricultural to an R-1 (Single Family) district along the north side of Four Seasons Drive in the Whispering Woods development. The Comprehensive Guide Plan designates this area as D-1 Single Family (0-3 units/acre), the Rezoning requested is in conformance with the plan. A five lot Final Plat has also been submitted and is being processed by staff. COMMENTS: In April 1988 the City approved a Preliminary Plat for the Whispering Woods 4th addition consisting of 57 lots on approximately 28 Agriculturally-zoned acres along with the Rezoning of 5.7 acres to an R-1 district. The City requested that the overall Whispering Woods area be platted so the comprehensive street and utility designs could be evaluated. Burnsville Lumber has been developing the area in phases. As Final Plats are submitted so are the Rezoning applications to an R-1 district, in this instance, Whispering Woods 7th addition. This process was agreed upon since the applicant did no want to lose the Agricultural status until such time the lots were marketable for development. All lots meet, or exceed minimum lot size and area requirements. /3 ( - Rezoning- Burnsville Lumber Co. ` NCr 'n '1 � v �r 1, R Nw Z PIIN OAK _ p i ��`��LATE C' s 3 �18URNUM� PARK It STREET MAP `'f 1 • 4800- , . MRaSPER.NG KII.,S T ^i IP.II i � 1 N is C . Syyp RL. SE A, ,,.... , f_ , ___ - -N ' z OCO i3 _..Y _ _ ��s -z. ^40.Qgt)<is. om':„:„ ��i 4.: .j : 1' -,,.Clt.,1,.;r 4%w∎��///...y�� :::;,:p b� i ii . N 'r r:S+O►t`i`a' \ .ice f`s c5Ra1V:4:Ul .rr 1711-=; � 7 l ��R-I Svc ; ZONING MAP 0 it . ,., 0; ,, __ E ,,:, t.,-, "5/.. ,E1 74,-,ri-...,, • -IC i�' R' 1, lA- LIt ,,r, P—r--"\j.,:ilik .)--.I '' ' ).3 li.47?::3-1-;':':'''':: ' millegri‘\ .1-1 ify • . ,i) pp PIM / 1-50, vip COMP GUIDE PLAN MAP A ✓/ , 6 l alkil ' . • //, _ . . / ' I) .. .I., 2,------ /33/ . Whispering Woods Seventh Addition - Rezoning , r-• " kip' i �A ° ° �er / TRAIL 4i w 14;::". . • Vjj-- t . � : r j � %I :! % " :4 r."4:-.:t -. ip,„; Airtieell.127,." ..„..,40,,v jiffir,A, A, Q �04::04s,?/44//46,Q,41°' �► ;:<;: :: : :;:;:>•:::: ::►�•� Whispering Woods Seventh Addition SNOS thm---,„J y •- WO �`� - SFeRLAND ROAD— J • yYAT . ....CO It 11144%II .....t:.. 0 "dal • igg . .Ir .1 Ail b ar%1 k et# 11* . . , ,„ .. w 2 a % _ _ t•• • ' urnsvine , `• • • :. /3 ? • Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 25, 1992 REZONING BURNSVILLE LUMBER COMPANY, INC. Chairman Voracek opened the next public hearing of the evening regarding a Rezoning of approximately 1.4 AG (Agricultural) acres to R-1 (Single Family) located along the north side of Four Seasons Drive in the SW 1/4 of Section 31. City Planner Sturm stated that in 1988 a preliminary plat for Whispering Woods 4th Addition was approved. At that time the City requested that the overall Whispering Woods area be platted. As final plats are submitted so are the rezoning applications to an R-1 district. This was agreed upon. so that the applicant would not lose the agricultural status until such time as the lots were marketable for development. Scott Hiller, the applicant, stated that he was available to answer any questions. Griggs moved, Hoeft seconded, the motion to approve a Rezoning of approximately 1.4 AG (Agricultural) acres to R-1 (Single Family) located along the north side of Four Seasons Drive in the SW 1/4 of Section 31. All present voted in favor. • • j4z0 Agenda Information Memo September 17, 1992 City Council Meeting REZONING/PRELIMINARY PLAT/WHISPERING WOODS 9TH ADDITION G. Rezoning, Whispering Woods 9th Addition/Hilla, Inc., of Approximately 5.2 AG (Agricultural) Acres to R-1 (Single Family) and a Preliminary Plat Consisting of 11 Lots Located South of Slater Road in the Southwest Quarter of Section 31—At its meeting of August 25, 1992, the Advisory Planning Commission considered applications for rezoning and preliminary plat with respect to Whispering Woods 9th Addition. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages j ?through aYfor your review. Also enclosed on pages /s.5through Zare the Advisory Planning Commission minutes with respect to this item. The APC is recommending approval of this item. Also enclosed on page/57is a supplemental memorandum from the Community Development Department indicating the anticipated future development phasing of the remaining Whispering Woods property. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a rezoning for Whispering Woods 9th Addition/Hilla, Inc. of approximately 5.2 AG (Agricultural) acres to R-1 (Single Family) and 2) a preliminary plat consisting of 11 lots located south of Slater Road in the southwest quarter of Section 31 as presented. /9 / SUBJECT: REZONING & PRELIMINARY PLAT WHISPERING WOODS 9TH APPLICANT: HILLA, INC. LOCATION: SW 1/4 OF SECTION 31 EXISTING ZONING: AGRICULTURAL • 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 Rezoning of 5.2 acres from Agricultural to R-1 (Single Family) and a Preliminary Plat of 11 acres located in the SW 1/4 of Section 31. EXISTING CONDITIONS & LOCATION: The proposed plat is located west of Slater Road, south of Whispering Woods 4th, 5th and 6th additions, and north of unplatted Agriculturally-zoned property. The property to the west and north is zoned R-1 (Single Family) and the remaining property to the south and east is currently zoned Agricultural. The Land Use Guide Plan (March 1991) designates this area as D-1 (Single Family, 0-3 units/acre), the proposed 9th Addition is consistent with this designation. COMMENTS: The Preliminary Plat for Whispering Woods 4th Addition, 27.7 acres, was approved in 1988. Consecutive plats have followed since that time. Now that most of the ots are developed in those additions, it is the applicant's desire to plat 11 single family lots and one outlot on 5.2 acres as the 9th Addition. All lots meet, or exceed the 12,000 sq. ft. minimum lot area (the average being 13,740 sq. ft.), and the minimum 85' lot width. The applicant is requesting a 20' front yard setback Variance (50' to 30') along Slater Road for Lot 1, Block 1, Lot 1, Block 2, and Outlot A. Also requested is a 10' front yard setback Variance (30'to 20') for Lots 1-7,Block 3, and Lot 2,Block 2. Hilla, Inc. is requesting these Variances due to the very rough terrain and to preserve trees in these lots. The total density for the project is 2.35 lots per acre which meets Code requirements of 0-3 units/acre. PARKS & RECREATION: The Advisory, Parks, Recreation, and Natural Resources Commission is recommending that the proposal be subject to a cash parks dedication and a cash trails dedication. / 0 GRADING/DRAINAGE/EROSION/EROSION CONTROL: This 11-lot residential subdivision is in an area of rolling terrain that is heavily wooded. The developer has graded a rough road through the trees where the proposed street will be built. The preliminary grading plan submitted for review for the proposed 9th Addition shows cuts of'18 feet and fills of 14 feet. The grading for the lots and houses will remove a majority of the trees on this site. The drainage for this site will require the construction of catch basins and storm sewer at the low point of the street. The storm sewer line will be constructed in between Lots 3 and 4, Block 3, and discharge into city of Burnsville Pond E-24. Pond E-24 has an existing 21" outlet on the west end of the pond that drains the pond through Burnsville to the Minnesota River. The area of the pond at the normal water level is approximately 9.5 acres and the 100-year high water level is 939.1. The City of Burnsville purchased the area around Pond E-24 for ponding purposes. The grading of this development shall not disturb a 50 foot buffer zone along the edge of Pond E-24. The buffer zone shall allow the existing trees and vegetation around the pond to remain in the undisturbed state to help prevent erosion into the pond. Erosion has occurred into Pond E-24 in the backyard area of Lot 7, Block 3. This development will be responsible for removing the eroded sediments from the pond and the excavated materials shall be placed away from the pond. Erosion control measures shall be placed around the pond to prevent further erosion. The development will be responsible for installing and maintaining erosion control measures . in accordance with the City's Erosion/Sediment Control Manual Standards. WATER QUALITY: This development will be subject to a cash dedication requirement to meet water quality standards. The amount of the cash dedication is estimated at approximately $4,100. In addition, several wetlands lie on the site. The developer is required to delineate each wetland and comply with provisions of the Wetland Conservation Act for each. Documentation must be submitted by Monday, August 24, 1992. Recommendations on both water quality mitigation and wetland protection are subject to approval by the Parks, Recreation and Natural Resource Committee. UTILITIES: Adequate sanitary sewer of sufficient depth and capacity is available in the northeast corner of the site from an existing 8" line that flows easterly to the intersection of Slaters Road and Storland Road. The preliminary utility plan shows extending an 8" sanitary sewer in the street to the west to provide sewer services to the proposed lots. Adequate water main service of sufficient pressure and capacity is readily available at the intersection of Slaters Road and Storland Road. The existing 8"water main is proposed to be connected to in Slaters Road and the utility plan shows extending an 8" water main to the west in the proposed street to serve the proposed lots. l STREETS/ACCESS/CIRCULATION: Street access to this development is available from the intersection of Slaters Road and Storland Road. The preliminary layout plan shows constructing a 34 foot wide street that will extend from Slaters Road to the west and provide a temporary cul-de-sac at the west edge of Lot 7, Block 3. With the platting of Lot 1, Block 4,a street stub shall also be provided to the south lot line of this lot. The driveway for Lot 1,Block 4, shall be directed to the main east-west road along the north side of Lot 1, Block 4. The overall concept plan for this area shows that the east-west road through this site will be extended in the future to the west to Burnsville and connect in with the stubbed street of 125th Street. RIGHT-OF-WAY/EASEMENTS/PERMITS: The plat for this development shows a 60 foot wide right-of-way for the proposed east-west street. Also, an easement for the temporary cul-de-sac shall be provided. The final plat shall provide easements for Pond E-24 up to the high water level of the pond. The developer will be responsible for obtaining all the necessary permits from the affected agencies such as MPCA, MWCC, Dept. of Health, MN DNR, the city of Burnsville, etc., prior to final plat approval. FINANCIAL OBLIGATION -Whispering Woods 9th 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. 151,985 S.F. 510.487 Total S1 There is a balance of $9,039.72 payable on the parcel proposed for platting into Whispering Woods 9th. The succeeding parcels will be allocated their pro-rata share of this balance that is payable. • / 15/ CONDITIONS FOR WHISPERING WOODS 9TH ADDITION 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B3, B4, Cl, C2, C3, C5, El, Fl, G1, and H1 2. A Variance of 20' for Lot 1, Block 1, Lot 1, Block 2, and Outlot A. 3. A Variance of 10' for Lots 1-7, Block 3, and Lot 2, Block 2. 4. The street name- 125th Street-shall be continued through the Whispering Woods 9th Addition. 5. The grading of this development shall not disturb a 50 foot buffer zone along the edge of Pond E-24. 6. This development will be responsible for removing the eroded sediments from Pond E-24 in the backyard area of Lot 7, Block 3. 7. The driveway for Lot 1, Block 4, shall be directed to the main east-west road along the north side of Lot 1, Block 4. • / STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1 . This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. 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. /V6 STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval . E. permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication. requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. rater (Duality 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 Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 plataprv.con - LT5 *2 / 17 • • Whispering Woods 9th Addition- Hilla Inc. / Y c 1 J NCY V L) (12. ." 3 = R.PIN OAK NFDR PAS I ��,a NW �itLATE C- S 4, IBURNUMJ STREET MAP _ PARK g "iiiillr .. Tit ' I -‘` _ 4 &.W C `, N ,1 j: 5". o , J 1 r RooRL. SE , r fii f /-7— 'A �:� ..s _ -- Et r • *AI. `` r.• s • 7.1gr-z aks ---::.',4.1-? t,t..;. ` _ "f7 as ..:�:* (( • ' slit �w..`731 0 ■ s „!-ii$_c ZONING MAP p @.1g�, , . le - . ' 044.4-. ,)\'f ,_ ,,,',' it i, 1 .1 IL -- s i Z • ,:.._ k23w ,j J ii1. 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MAP . . . . . CITY OF . EAGAN 4 0* . Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 25, 1992 WHISPERING WOODS 9TH ADDITION HILLA, INC. Chairman Voracek opened the next public hearing of the evening regarding a Rezoning of approximately 5.2 AG (Agricultural) acres to R-1 (Single Family) and a Preliminary Plat consisting of 11 lots located south of Slater Road in the SW 1/4 of Section 31. City Planner Sturm stated that this application is consistent with the Comprehensive Guide Plan and that it meets all R-1, single-family Code requirements. He further stated that both Eagan and Burnsville are working with the applicant to connect the streets. Scott Hiller stated that he was available to answer any questions. Gary Leslie, a resident of Burnsville, questioned if Burnsville Parkway would be connected to Slater Road in the future. He was concerned that this road would turn into a very heavily travelled road. City Planner Sturm replied that the connection from Burnsville Parkway to Slater Road has been in the Comprehensive Guide Plan transportation element for years. He further stated that there is no time limit for when this connection will occur, however, it will be driven by how fast the area develops. Curtis Lumblum, a resident of 125th Street, was concerned with the 120 foot alteration of the water line on Whispering Water. City Planner Sturm suggested that Mr. Lumblum go to the Advisory Parks, Recreation and Natural Resources Commission meeting to discuss water quality. Angel and Ann Clark were afraid that all of the trees, deer, etc. in the area would be lost with this development. They asked what the future development for the general area will be. Kathy Tower questioned what the future development of the area would be. Mr. Hilla showed the Commission and the concerned residents a conceptual plan. Mr. Hilla stated that he was opposed to the water quality cash dedication that was proposed in the staff report. Member Merkley stated that he appreciated the applicant's effort to save the trees in this area. He questioned when grading would occur. Mr. Hilla replied that it would be custom grading. Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 25, 1992 Chairman Voracek recommended that in the future the City Council require the applicant to have plans to show how 125th Street will be completed. Gorman moved, Merkley seconded, the motion to approve a Rezoning of approximately 5.2 AG (Agricultural) acres to R-1 (Single Family) located south of Slater Road in the SW 1/4 of Section 31. All present voted in favor. Gorman moved, Griggs seconded, the motion to approve a Preliminary Plat consisting of 11 lots located south of Slater Road in the SW 1/4 of Section 31, 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, B3, B4, Cl, C2, C3, C5, El, Fl, G1 and H1 2. A Variance of 20' for Lot 1, Block 1, Lot 1, Block 2, and Outlot A. 3. A Variance of 10' for Lots 1-7, Block 3, and Lot 2, Block 2. 4. The street name - 125th Street - shall be continued through the Whispering Woods 9th Addition. 5. The grading of this development shall not disturb a 50 foot buffer zone along the edge of Pond E-24. 6. This development will be responsible for removing the eroded sediments from Pond E-24 in the backyard area of Lot 7, Block 3. 7. The driveway for Lot 1, Block 4, shall be directed to the main east-west road along the north side of Lot 1, Block 4. All present voted in favor. /S-' MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: JIM STURM, CITY PLANNER DATE: SEPTEMBER 3, 1992 RE: WHISPERING WOODS 9TH ADDITION At the August 25 Advisory Planning Commission meeting,the Rezoning and Preliminary Plat for the eleven-lot Whispering Woods 9th Addition were approved unanimously. Several residents from both Eagan and Burnsville were in attendance and their major concerns dealt with the future roadway connections and tree preservation. The site is completely wooded. The applicant only wants to plat this five-acre portion of their remaining undeveloped property in Eagan at this time; however a concept plan was also prepared for comprehensive planning purposes. The applicant is aware that planning staff will be recommending that all of the remaining land be platted with the next development phase. Rezonings and Final Plats could occur simultaneously then as was done in the area to the north. It was noted that the transportation element of the Comprehensive Plan shows the connection between Slater Road and Burnsville Parkway and that should occur as this tract of land develops. This will eventually eliminate the single access to all of the land in Eagan south of Cliff Road, west of Cedar Avenue. One condition of the plat also calls for the northernmost east/west road to be named 125th Street since it also is anticipated to connect to the Country Wood 5th Addition in Burnsville. There were no changes to the conditions in the staff report. If you would like additional information, please contact me. City/Planner JS/js /37 Agenda Information Memo September 17, 1992 City Council Meeting PRELIMINARY PLAT/CONDITIONAL USE PERMIT/OAK CLIFF 7TH ADDITION H. Preliminary Plat, Oak Cliff 7th Addition/Brian S. Mangine, Consisting of One Lot on Approximately 2 Previously Zoned NB (Neighborhood Business)Acres Within the Winkler- Jackson Planned Development and 2 Conditional Use Permits to Allow On-Sale Liquor,3.2 Beer or Wine and a Pylon Sign Located South of Cliff Road and West of Slater Road in the Northwest Quarter of Section 31--At its meeting of August 25, 1992, the Advisory Planning Commission considered the above-referenced applications presented by Brian Mangine for a deli and banquet facility to be located in the Oak Cliff Addition. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on pages L,Ct through /2.3 for your review. Also enclosed on pages/0Y through fjgare the Advisory Planning Commission minutes relative to this item. The APC is recommending approval. Also enclosed on pages/27 through Oils a letter from Ron Krank of KKE covering a proposed revised site plan for the deli/reception hall. The proposal would not change the boundaries of the plat as previously presented, but would relocate and reorient the building at the middle of the lot and change circulation patterns. All representations, conditions and issues with respect to finishes remain the same. The revised site plan has been reviewed by the Engineering staff and no additional circulation concerns have been identified. In addition,a supplemental memo from the Community Development Department enclosed on page / raises the issue of exterior finishes and the potential for developing a bricks or better standard for commercial development within the City. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a preliminary plat for Oak Cliff 7th Addition/Brian S. Mangine, consisting of one lot on approximately two previously zoned NB (Neighborhood Business) acres within the Winkler-Jackson Planned Development, 2) a conditional use permit to allow on-sale liquor, 3.2 beer or wine and 3) a conditional use permit to allow a pylon sign on property located south of Cliff Road and west of Slater Road in the northwest quarter of Section 31 as presented. SUBJECT: PRELIMINARY PLAT, CONDITIONAL USE PERMITS OAK CLIFF 7TH ADDITION APPLICANT: BRIAN S. MANGINE LOCATION: OUTLOT A, OAK CLIFF 6TH ADDITION EXISTING ZONING: NB (NEIGHBORHOOD BUSINESS) PD (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: AUGUST 25, 1992 DATE OF REPORT: AUGUST 17, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Preliminary Plat of approximately two acres and two Conditional Use Permits to allow on- sale liquor, 3.2 beer or wine, and a pylon sign on Neighborhood Business zoned land within the Winkler-Jackson Planned Development. LOCATION/EXISTING CONDITIONS: The proposed Oak Cliff 7th addition is located in the southwest corner of Outlot A, Oak Cliff 6th addition. The site is east of Mary, Mother of the Church, south of Cliff Road, west of Slater Road and the SuperAmerica located in the northeast corner of Oak Cliff 6th addition and north of Outlot B, Oak Cliff addition (zoned R-3 townhouse). PROPOSAL/SITE PLAN COMMENTS: The applicant, Brian Mangine, is proposing an 11,000 sq. ft. single story building for the purpose of a deli/banquet facility. The proposed 1,500 sq. ft. delicatessen located on the north end of the building is similar to Cossetta's general store in St. Paul where approximately 40' of counter space displays meats, cheeses, and hot and cold foods available for take-out only; there is no seating at the deli. A variety of imported Italian dry goods will be available. The 9,500 sq. ft. banquet facility can accommodate up to 450 persons. The hall has a room divider to accommodate two groups at one time. During the week it is intended that smaller break out rooms be used for business meetings, providing the latest in audio visual and special lighting needs. The exterior finish of the building is a split face block matching the SuperAmerica in a sand/creme color; approximately 16'up on the 22'high building, a ribbon of complimentary color will accent the building. The entrances to the building will be further enhanced with a reddish-brown brick (same as SuperAmerica), as well as the vestibule area. The building, as proposed, meets all Neighborhood Business setback and lot coverage requirements. A-S-7 The site plan indicates four ingress/egress points,two on the north and two to the east. One hundred twenty-four parking stalls have been provided on-site. There are no specific parking provisions referenced in the City Code for a banquet facility. Cross-parking easements were approved with the 6th addition plat. The landscape plan indicates a variety of understory and overstory deciduous trees and evergreens, combined will provide year-round color to the site and screening to the south. The applicant is proposing a 3'-4' berm along the south property line to eliminate car headlights. A Conditional Use Permit for liquor and 3.2 beer or wine has been applied for at this site. The applicant has applied through the proper licensing applications and is pending approval. A pylon sign is being proposed to be located on the east side of the northeast entrance and the proposed sign meets the 27' height and 125 sq. ft. per side code allowances. PARKS & RECREATION: Recommendations of the Advisory Parks, Recreation, and Natural Resources Commission are as follows: 1. The parcel is located within the Winkler-Jackson Planned Development.The parks dedication has been fulfilled via a land dedication of Slater Acres Park. 2. The Planned Development required the developer to install trailway,therefore the application is not responsible for a trails dedication. • GRADING/DRAINAGE/EROSION CONTROL: The proposed development has been graded by the Oak Cliff 6th Addition development. The preliminary grading, drainage and erosion control plan submitted with this application shows a minimal amount of grading will be necessary to prepare the building and parking lot for construction. The drainage from the site will be directed in two directions. The north half of the parking lot will drain to an existing 12" storm sewer that runs along the north property line in an easterly direction towards Slater Road. The south half of the parking lot will drain to an existing 15" storm sewer line that also drains in an easterly direction toward Slater Road. Both of the existing storm sewer lines have sufficient capacity to serve this development and both lines drain across Slater Road to Pond AP-10B. An outlet has been provided for Pond AP-10B to Pond AP-10, which is a designated ponding area in the City's Comprehensive Storm Water Management Plan. The proposed development will be responsible for constructing catch basins at the low point of the parking lot to convey stormwater runoff to the existing storm sewer lines. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual standards. Pond AP-10A which is located along the west edge of the site shall be protected from erosion of sediments into the pond from this site. Also, the wooded area south of this development shall be protected from erosion into the trees. WATER QUALITY: The proposed two acre commercial development is located in drainage •basin A in southwest Eagan. The parcel is part of a sub-drainage that discharges to Pond AP-10 which is a shallow three acre natural pond classified as a nutrient trap in the City's Water Quality Management Plan. The Oak Cliff 6th Addition development constructed off- site ponding to meet the City's water quality management standards so no additional water quality provisions will be required of this plat. Pond AP-10B has been constructed along the east side of Slaters Road. Pond AP-10B has a surface area of 0.47 acres at the normal water level and a wet storage volume of 1.8 acre feet. In addition, no wetlands subject to Wetlands Conservation Act jurisdiction lie on the site. Recommendations on both water quality protection and wetlands protection are subject to approval by the Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer of sufficient size, capacity and depth is readily available and has been stubbed to this development by the Oak Cliff 6th Addition development, City Project #627. Sanitary sewer service to the building will be provided by connecting to an existing 6"sewer service stub at the north property line of the lot and extending the 6"sewer service to the proposed building. A manhole will be required over the sewer service at the south edge of the City's public utility easement. /6/ Watermain of sufficient size, pressure and capacity is readily available to serve this development from an existing 8" watermain that has been constructed along the north property line of the lot by Oak Cliff 6th Addition, City Project #627. Water service to the building will be provided by connecting to the existing hydrant and relocating the hydrant to an island in the proposed parking lot and then extending the 6" line up to the building. The hydrant shall be located in a position that provides adequate fire protection to the site. STREETS/ACCESS/CIRCULATION: The preliminary site plan proposes access to this site by extending the private street that is along the south side of the Super America site in Oak Cliff 6th Addition. The Oak Cliff 7th Addition development will be responsible for constructing the private street from the Super America site to the west property line of Oak Cliff 7th. The church parking lot to the west proposes to have access to this private street and connect their parking lot to the private street. City staff is recommending that the private street that heads in a north-south direction up to Cliff Road shall also be constructed from Cliff Road down to the Oak Cliff 7th Addition. The north-south private street at the connection to Cliff Road will be a right-in access only. Under Dakota County Project #32-31, the County will be extending the median on Cliff Road to a point 260' west of the west property line of this plat. The median extension will allow this development to construct a driveway out to Cliff Road. The private street system in the Oak Cliff 6th and 7th Additions shall be constructed with concrete curb and gutter to provide drainage to the storm sewer system and to confine the parking to the paved areas. The preliminary site plan for Oak Cliff 7th shows two driveway openings connecting to the private street system that runs along the north lot line. The driveway openings shall be at least a 30' wide opening. EASEMENTS/RIGHT-OF-WAY/PERMITS: This development shall provide cross- easements over the private street system. This development shall dedicate a 20' drainage and utility easement centered over the existing storm sewer line that runs along the south property line of the site. Also, the existing 8" sanitary sewer and 8" watermains that run along the north property line shall have adequate drainage and utility easements dedicated over the lines. This development will be responsible for insuring that all regulatory agency permits(MPCA, Minnesota Department of Health, MWCC, Dakota County, etc.) are obtained prior to final plat approval. /6,2 FINANCIAL OBLIGATION - Oak Cliff 7th 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 Water Availability C/I $2,740/Ac 2 acres $4.940 Charge Total a2g Outlot A of Oak Cliff 6th has a pending assessment of $145,892.00 for Project 627. The succeeding parcels will be allocated a pro-rata share of this pending assessment. • • /63 PRELIMINARY PLAT CONDITIONS FOR OAK CLIFF 7TH ADDITION 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, Bl, Cl, C2, C4, C5, El, Fl, Gl, and H1 2. Trash/recycling enclosure shall be located within the building or attached to the building made of same building material as principal structure with opaque gate doors and shall be large enough to handle recycling containers. 3. All landscape materials shall meet City minimum standards. 4. A 3'-4' berm shall be constructed along the south property line. 5. The HVAC unit shall not be visible off the site. 6. A sanitary sewer manhole will be required over the sewer service at the south rY q edge of the City's public utility easement. 7. This development will be responsible for constructing the private east-west street from the SuperAmerica site to the west property line of Oak Cliff 7th. 8. This development will be responsible for constructing the private north-south street from Cliff Road to the north property line of Oak Cliff 7th. 9. All Sign Code Ordinances shall be complied with and a one-time sign fee of$2.50 per sq. ft. shall be paid upon issuance of a sign permit. CONDITIONAL USE PERMIT CONDITIONS - ON-SALE LIQUOR, 3.2 BEER/WINE 1. This Conditional Use Permit shall be recorded within 60 days of Council action with documentation to the City. 2. All City licensing requirements shall be satisfied. CONDITIONAL USE PERMIT CONDITIONS - PYLON SIGN 1. This Conditional Use Permit shall be recorded within 60 days of Council action with documentation to the City. 2. The pylon sign shall be subject all Code requirements and a one-time sign fee of $2.50/sq. ft. /67 G STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1 . This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. ;asementa and Richte-of-Ray 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. ALC STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not' be released until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency.. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. water Oualitv Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City's Water .Quality Management Plan. B. Other 1 . All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 plataprv.coa - LTS *2 /66 Oak Cliff 7th Addition- Brian S.Mangine \ \.._.,t..111.... rroll 0:1 . ..* Iii J I gv ER i . _ • l; �a" STREET MAP �� -- , ftr[ '/11 lr � "AHN v ®t �� Y �- ° C NANCY (r l� M . _„J ' V V. `-' M---I' • TTL ell, F z PIN OAK NFDR. PAR i 7 . ---`1'- LATE- CF S ; IBURNUM / U PARK VVV ' -,fre*".,A1 Or Y T 1 ti i KING; 7 1. c V W '1 _, / 3 j o f I�,� fpi+,h 1 . SW nDRL... SE sue• r1 .,• pK . ,C' ; .-r,.. ± ;_ �,a, ZONING MAP _1_. , �, -_ µ: N , *_r ■ 5 . 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STORM UFT STATION forcoosi40 0 STORM FORCE MAIN .41. 1.41,..e.-11-Is MAJOR DIVISION MIIIMMIII• MICSISIONS • POND NORMAL WATER LEVEL. . . . . . . 900.0 POND NIGH WATER LEVEL • 900.0 • OVERLAND DRAINAGE ROUTE -— • ' • FIGURE No. 17 . STORM SEWER . LAYOUT MAP . . . • • . CITY OF 0. . . _ EAGAN Page 15/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 25, 1992 OAK CLIFF 7T2 ADDITION - BRIAN B. XANGINE Chairman Voracek opened the last public hearing of the evening regarding a Preliminary Plat consisting of one lot on approximately two previously-zoned NB (Neighborhood Business) acres within the Winkler Jackson Planned Development and two Conditional Use Permits to allow on-sale liquor, 3.2 beer or wine, and a pylon sign located south of Cliff Road and west of Slater Road in the NW 1/4 of Section 31. City Planner Sturm stated that the applicant is proposing a deli/banquet facility. The exterior of the proposed building will be the same color as the neighboring SuperAmerica. He further stated that the applicant submitted a landscape plan which will help buffer the proposed building from the property owner to the south. The pylon sign has not been designed yet, however, it meets all sign code requirements. Mr. Sturm stated that this application was very well done and the applicant has been very responsive to the City's concerns. He requested that condition #7 be amended to include the applicant obtaining ingress and egress easements. Brian Mangine, the applicant, stated that he was available to answer any questions. Father Jim, co-pastor of Mary Mother of the Church, stated that they had no problem with this application and felt that it would be a positive development. He encouraged the Commission to approve the application. Member Graves asked the applicant what hours the business would be in operation and what experience did he have in operating this type of business. Mr. Mangine stated that his family has been in the restaurant business since the 1950's and that this application has been a dream of his for some time. He mentioned that the deli would be open until 8:00 p.m. and the banquet hall would be open on the weekends until midnight. Member Hoeft questioned if there was enough parking available for this application. He requested that a condition be added which requires the applicant to obtain a cross parking easement. with Oak Cliff 6th Addition. Member Griggs stated that he does not approve of the split block exterior which is proposed. He feels that there is already too much split block exteriors on commercial buildings in Eagan. Other nearby communities use more brick. Member Griggs stated that he did not want to approve any more applications which propose a split block exterior. /1/iY Page 16/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 25, 1992 Chairman Voracek requested that the City Council study this issue and possibly set up a task force to discuss it. Member Gorman agreed that a task force should be set up to review this issue. Member Merkley also agreed that a task force should be set up to review what other communities have on the exterior of their commercial buildings. Merkley moved, Miller seconded, the motion to approve a Preliminary Plat consisting of one lot on approximately two previously-zoned NB (Neighborhood Business) acres within the Winkler Jackson Planned Development located south of Cliff Road and west of Slater Road in the NW 1/4 of Section 31, 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, 81, Cl, C2, C4, C5, El, Fl, G1 and H1 2. Trash/recycling enclosure shall be located within the building or attached to the building made of same building material as principal structure with opaque gate doors and shall be large enough to handle recycling containers. 3. All landscape material shall meet City minimum standards. 4. A 3'-4' berm shall be constructed along the south property line. 5. The HVAC unit shall not be visible off the site. 6. A sanitary sewer manhole will be required over the sewer service at the south edge of the City's public utility easement. 7. This development will be responsible for constructing the private east-west street from the SuperAmerica site to the west property line of Oak Cliff 7th and obtaining ingress and egress easements. 8. This development will be responsible for constructing the private north-south street from Cliff Road to the north property line of Oak Cliff 7th and obtaining ingress and egress easements. 9. All Sign Code Ordinances shall be complied with and a one-time sign fee of $2.50 per sq. ft. shall be paid upon issuance of a sign permit. j 25- Page 17/EAGAN ADVISORY PLANNING COMMISSION MINUTES AUGUST 25, 1992 10. Cross parking easements shall be required with Outlot A, Oak Cliff 6th Addition. All present voted in favor, except Griggs who opposed. Passed 6-1. Merkley moved, Gorman seconded, a motion to approve a Conditional Use Permit to allow on-sale liquor and 3.2 beer or wine located south of Cliff Road and west of Slater Road in the NW 1/4 of Section 31, subject to the following conditions: 1. This Conditional Use Permit shall be recorded within 60 days of Council action with documentation to the City. 2. All City licensing requirements shall be satisfied. All present voted in favor, except Griggs who opposed. Passed 6-1. Merkley moved, Gorman seconded, a motion to approve a Conditional Use Permit for a pylon sign located south of Cliff Road and west of Slater Road in the NW 1/4 of Section 31, subject to the following conditions: 1. This Conditional Use Permit shall be recorded within 60 days of Council action with documentation to the City. 2. The pylon sign shall be subject to all Code requirements and a one-time sign fee of $2.50/sq. ft. All present voted in favor, except Griggs who opposed. Passed 6-1. Member Graves encouraged the City Council to request that City staff review the City's policy regarding split block v. brick on the exterior of commercial buildings. ADJOURNMENT Merkley moved, Miller seconded, the motion to adjourn the August 25, 1992 Advisory Planning Commission meeting at 10:15 p.m. All voted in favor. • Secretary - Eagan Advisory - Planning 'Commission /?6 KKE Korsunsky Krank Erickson Architects,Inc. 300 First Avenue North Minneapolis, MN 55401 612 339-4200 FAX 342-9267 Mr.Jim Sturm September 9, 1992 City Planner City of Eagan 3830 Pilot Knob Road P.O. Box 21-199 Eagan, Minnesota 55121 SUBJECT: Eagan Reception Hall Project No. 93-10-1031-01 Dear Jim: • In accordance with our previous meeting, we are pleased to submit a revised site plan for Council review on September 17, 1992. We are currently proceeding with design of the building which will be a minimum of 11,300 sq. ft. and a maximum of 12,500 sq. ft. to be located in the center portion of the site as generally indicated on the site plan. It is anticipated that an outdoor patio and optional gazebo would be provided on the west side of the building. The landscaping will be developed to be consistent in concept with the previous plan prepared by David Kirscht&Associates and more specifically, in conformance with the screening effect of the landscaping on the south side of the property adjacent to the residential zoning district. Kirscht&Associates will continue on as landscape architects for the development, insuring that the revised landscaping will meet the same intent of the previously approved landscape plan. • We sincerely appreciate your cooperation in reviewing this revision and ask that you call if you have any questions or require any additional information. Very truly yours, KKE ARCHI CTS R.nald Krank, AIA skt Architecture Planning / 7Y Interior Design 1 1 Q W I N 11/, I I II i .I 1 , - � Za t ill! 1 I II I , 1_ ililD W CC� 11 III iii 1 1 i lot • 1 , 1 ri 11 F•f l` zi Ii1 ! II !111 I 1 `i 14: F Ii .� �.� ¢_.��•.. I i*IP AO E H I 4 ° is � � if :14 11111111 is Ili :. '111 ji E:1, i Yd I i I ll; IiIhI i 10 i .111 ii 1 i ti = _. ! i i � l �� ' E'/ . _J y1�� F If . INIMMitli- -- .=---', .."4- ----:'-;_-/ 71 I IP //I I /(//li - Iri1 �1 r -- �� I I �� 1 � , i i i \ I I I 5; lam_ . \\ Z \ . I0 Il 1 ii %=/ - I � I1i�\ _• \ . I ---- V / /'‘.1 , 'I r----...- i i . \L� 1i, —L—.4 4f.4 __ = .,_--.1:I i • '\,1 ':.—`—„ silk 1 1 1 1 111 I I I I I , . \ :• \i�1--'"� _ III 1 111;!11:-g 1 t' 14,4- 1 1 � j ' I�� ---�- '�_ 2§? --R 1 . I : _ _ a� - � - = I 1 1 .p.....__........„:.3DOI l, / 1 - ' 111111<I - 1 I // .. 3001tl - / ' ..�� NOWtlNH* - I'� �' I; �/ NNNN 1 !�'� ,-. . ' 1111) 11 7iLl I. I 1 "-Ei-1• -... ill Ali �% /-�� 1 I i . i _L _1 ________I_____---1-- /?..,::// • MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: JIM STURM, CITY PLANNER DATE: SEPTEMBER 4, 1992 RE: OAK CLIFF 7TH ADDITION At the August 25 Advisory Planning Commission meeting, the Preliminary Plat for the two- acre Oak Cliff 7th Addition located immediately east of Mary Mother of the Church was approved 6/1. The applicant is proposing a banquet facility much like Robertos in Vadnais Heights with a take-out deli similar to Cosettas in St. Paul. It could seat up to 450 or several smaller groups at one time. Neighborhood Business zoning allows clubs,lodges, and Class I(sitdown)restaurants. There was very little discussion on the appropriateness of the use itself. The applicant's family has been in the restaurant business in St. Paul for over 30 years. The interior of the building is intended to look like a conference/dining area in a large hotel. The applicant will bring pictures of Robertos to the September 17 Council meeting. One member of the Commission questioned the exterior finish of the building and felt brick should be required instead of split-face block. After further discussion on that item, it was decided not to add a condition requiring it, but it would be a good discussion topic for a joint meeting with the City Council. It would be more appropriate for the Council to direct the staff to research other cities building exterior requirements. Condition #7 was amended to read: 7. This development will be responsible for constructing the private east/west street from the Superamerica site to the west property line of Oak Cliff 7th and obtaining ingress/egress easements. Condition #10 was added stating: 10. Cross parking easements shall be required with Outlot A, Oak Cliff 6th Addition. The Conditional Use Permits for on-sale liquor, 3.2 beer or wine, and a pylon sign were also approved 6/1. If you would like additional information, please contact me. • City Planner JS/js 12? Agenda Information Memo September 17, 1992, City Council Meeting ' ONAi JT MS ................................................................ ................................................................ ................................................................ APPROVE PLANS/AUTHORIZE AD FOR BIDS (ALDRIN DR) A. Contract 92-13, Approve Plans/Authorize Advertisement For Bids (Aldrin Drive - Streets & Utilities)--When the developer submitted a petition requesting the feasibility report for these improvements, they also requested the simultaneous preparation of detailed plans and specifications to facilitate this construction yet this year. Therefore,if Project 639 is approved as a result of the public hearing process earlier on this agenda, it would be appropriate for the Council to approve the detailed plans and specifications and authorize the advertisement for competitive bids under Contract 92-13. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 92-13 (Aldrin Drive - Streets & Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on October 16, 1992. MAINTENANCE FACILITY EXPANSION - COLD STORAGE BLDG B. Project 637, Receive Feasibility Report/Authorize Preparation of Detailed Plans (Central Maintenance Facility Expansion - Cold Storage Building)--On June 16, the City Council authorized the preparation of a preliminary engineering/feasibility report for the construction of a cold storage facility as a part of the continued phased expansion of the Central Maintenance Facility. This report has now been completed and is being forwarded to the Council (under separate cover) for their review and consideration of proceeding with the authorization of preparation of detailed plans and specifications as necessary to solicit competitive bids. It is recommended that the various alternates discussed in this feasibility report be included with the plans and specifications to get a more firm cost estimate before final determination is made as to their inclusion and/or deletion. If the project is approved, staff will schedule a neighborhood meeting with adjacent property owners to inform them of the project and solicit their comments and concerns that can be taken into consideration in the detail design phase. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 637 (Maintenance Facility Expansion - Cold Storage Building) and authorize the preparation of detailed plans and specifications. / 8/61 Agenda Information Memo September 17, 1992 City Council Meeting LECISLAMVINTERGOVIMMENTAL AFFAIRS I-35W THIRD LANE PROJECT A. Resolution Supporting the Third Lane Project for 1-35W—Enclosed on page /8'2 is a copy of correspondence from the Burnsville Mayor, Dan McElroy, requesting the City's support of a resolution relative to the interim third lane project for Interstate 35W. A copy of the draft resolution in this regard is enclosed on page /f3for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution supporting the interim third lane project for Interstate 35W as requested by the City of Burnsville. /g/ CsOitl City of BURNSVILLE 100 Civic Center Parkway • Burnsville, Minnesota 55337-3817 (612) 895-4400 September 1, 1992 The Honorable Thomas A. Egan City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 7 Dear Mayon: The Minnesota Department of Transportation (MN/DOT) has programmed a 1993 project to add one lane in each direction to Interstate 35W between Trunk Highway 13 and Interstate 494. This "interim third lane" would temporarily relieve the dreadful congestion occurring daily in this segment. Eventually additional capacity would have to be added to meet the demands expected to occur by the year 2010. A group of South Minneapolis elected officials has prepared a report titled 11 _ Solution." That report, which has been I 35W Change Plan: Economic Solu p 9 presented to MN/DOT Commissioner James Denn, recommends that no additional lanes ever be added to 35W. Instead, it proposes to add Light Rail Transit (LRT) from downtown Minneapolis to the Burnsville Center. The LRT construction across the Minnesota River would not be completed until the year 2012 (twenty years from now!) . I hope you share my belief that immediate relief is essential for the communities and counties south of the Minnesota River. It is important to convince Commissioner Denn to continue with their plan to construct a third lane on 35W in 1993. I urge your city to adopt a Resolution on this matter . and forward it to: Commissioner James Denn Minnesota Department of Transportation State Transportation Building - Room 411 395 John Ireland Boulevard St. Paul , MN 55155 Resolution^n you may wish to use. Thank you for your 1 am enclosing a sample �\(:v\II 11t IV�� Jvu IuGJ it..+�� to v... �� help in this endeavor so important to us all ! Sincerely, a-A----. Daniel C. McElroy Mayor DCM/mc Enclosure I cc: Tom Hedges, City Administrator _ /Kc CITY OF EAGAN RESOLUTION SUPPORTING THE INTERIM THIRD LANE PROJECT FOR I-35W RESOLUTION NO. WHEREAS, the Minnesota Department of Transportation, the Metropolitan Council and the Federal Highway Administration have been preparing an Environmental Impact Statement (EIS) for I-35W South for several years; and WHEREAS, MN/DOT has programmed construction of an interim third lane on I-35W between I-494 and Trunk Highway 13 in 1993 and 1994; and WHEREAS, this interim third lane will temporarily relieve the serious delays which occur daily to 35W users; and WHEREAS, additional capacity will have to be added to meet the demands expected to occur by the year 2010; and WHEREAS, a group of citizens and elected officials from South Minneapolis have prepared an additional Report entitled "I- 35W Change Plan: Economic Solution, " which proposes only the addition of Light Rail Transit (LRT) to the 35W corridor; and WHEREAS, this report does not appear to address sufficiently issues of congestion and not even begin to meet traffic demand for significant portions of the highway, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan urges Minnesota Department of Transportation Commissioner James Denn to continue the plan to construct a third lane on 35W in 1993 and to avoid any additional delays. 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 resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 17th day of September, 1992. /g 3 E. J. VanOverbeke, City Clerk I "••" MINUTES OF ,MPOOG OF THE EAGAV:414:00IINtIL Eapn,Mlinietiota July 7,1992 A special meeting of the EagaAir.Oiccrwillkas.beld on Tuesday,June 16, 1992 in the City Administrator's office at the Eagan Munich:4f Ciiii0:.S44iiii*Oning at 500 p.m. The meeting was held in this office in order that City Councilmember Pawleniii.*;•ukl parigbate through use of the speaker telephone. Those present were Mayor Egan and City Councilmembers Awadi;NcCrea,and Wachter. Also in attendance were the City's employment law attorney John Roszag;::"Asistant 0:4e City Administrator/Personnel Director Duffy and City Administrator Hedges. PERSONNEL TtMS Counsel Roszak presented a verbal report regarding provisions in the City of Eagan's Personnel Policy with regard to discipline and their application and a verbal report regarding investigations for possible disciplinary actions. A Personnel Committee meeting was scheduled for Tuesday,July 14, at 7:00 a.m. in the City Administrator's office to review the health insurance program at the City of Eagan and the current compensation range/step plan. The special.ditipki.io:meeting was then moved to Conference Rooms A and B to consider the remainder of the items on the agendas ....•...•.• • • CABLE SYSTES:QVyNkIWIRWiliANSFER Present at this portion of the meethg were Mayor Eagan, Councilmembers Awada, McCrea and Wachter. Also present were Cable Commission Members O'Malley and Schaffer,the commission's special legal counsel Tom Creighton,Cable Coordinator Reardon,Assistant to the City Administrator Hobenstein and City Administrator Hedges. Cable Coordinator Reardon and Counsel Creighton updated the Council on the status of the pending transfer of cable ownership frozik:Aiiiliek::4**014:1Ons to Meredith/New Heritage Strategic Partnership, Inc. There was discussion rii,aidiiie:tiie; tik*iit;ea: sfer resolution. Coordinator Reardon indicated the Commission was to review the transfer:itexolution.*its July 9, 1992 meeting and that he was expecting the Commission to close the public hearing ôd.the tran'illO•and to advise the member cities to adopt the resolution. Barring any unforseen circumstances,Ci*inator gigM•don said he anticipated the Council would consider the transfer resolution at its August 4, 1992 iiiitting. Oi.imission members O'Malley and Schaffer responded to general questions regarding cable television issues and the community. CEDARVALE UPDATE There was very little time to consider the Cedars study and the City of Eagan's role in the Cedarvale Greater area redevelopment. Therefore,it was deterM*0 that a special workshop session would be set for July 21, 1992 preceding the regular c9m.ncil.meqing t9.consider this item. This action setting the date for the special meeting would officially be t****4-.0.it: :PO:regular City Council meeting- Page 2/EAGAN SPECIAL CITY COUNCIL MJNtJTE July 7, 1992 43ThER BUSINESS There being no further business;111***41 i'...0*6:11djourned in order that councilmembers could attend the regular City Council meeting which was(field begin at 6:30 p.m. HND Date City Cit#.: • If you need these minutes in an alternative form such as kuge print,braille,audio tape,etc.,please contact the City of Eagan, 3830 Pilot Knob Roa4 Eagan, MN 55122, (612) 681-4600, (7DD phone: (612) 454-8535). •••••••:•:•:•:-:•:•:•:.••••••••••••• • • ::::::•:••• • • ::•:••••• •:•:•:-: :::•:•:- •.•:•:•: •:•:•:•:. • -:•:•:•.: • • :•:•:•:•. • ;.. police department ' = PATRICK J.GEAGAN Chief of Police 41.7 KENNETH D.ASZMANN _city of eac�an Operations Captain 3830 PILOT KNOB ROAD THOMAS MINNESOTA 55122-1897 PHONE:(612)681-4700 Mayor yor r FAX:(612)681-4738 PATRICIA AWADA PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City Admininstrator September 8, 1992 EUGENE VAN OVERBEKE City Clerk TO: Gerald Meszaros, Operations Lt. FROM: John Stevenson, Investigator SUBJECT: BACKGROUND INVESTIGATION ON LISA HERBOLDT I. INTRODUCTION This will be a background investigation on the manager who is named for the new Applebee's Restaurant, Lisa Herboldt. The rest of the investigation had been completed last spring, see memo dated March 26, 1992 . II. LICENSE TYPE The applicant is the manager of a bar with a full on-sale liquor license. III. BUSINESS NAME Applebee's Neighborhood Grill & Bar IV. LICENSE APPLICANT The license applicant is Lisa Marie Herboldt, dob 3/8/63, 12330 175th Street West, Lakeville, Minnesota. V. REFERENCES AND COMPUTER CHECKS Computer checks were run on Lisa Herboldt with the following agencies: 1. State computers 2 . Local Logis CAD computers 3 . BCA computers 4 . Burnsville Police Department 5. Minnetonka Police Department THE LONE OAK TREE . . . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer i `- Page 2 6. Shakopee Police Department 7. Bloomington Police Department All computer checks came back clear and no problem. Also checked with two of the three references and they did verify her previous employment and the fact that she has worked as a manager in the other establishments. They see no reason that she could not be the manager of this restaurant. One of these references, Michael Lien, is also her roommate. VI. INTERVIEW WITH APPLICANT I spoke to the applicant herself and she verified that she has been the manager at other liquor serving establishments. She stated at no time did she or any of her employees ever receive any warnings or citations for any liquor-related violations. The applicant states that although she will be there some evenings for closing, her hours will be primarily daytime hours. She does understand that she is still responsible for the procedures at closing. I also advised the applicant of our policy of strict enforcement of the liquor laws as well as infrequent, irregular checks to make sure that the establishment is complying with the underage drinking laws. IlkApplicant was advised that all seems fine with this application and I would be forwarding it for approval. lbw s •. n Stevenson #34 • :kg . • MINUTES OF.A� :REfi. kR:ik�,. g fG OF THE E ,r,�Ai�i 'CITY COUNC*:::. ::Eagan,Minnesota :$ptember 1, 1992 A regular meeting of the Eagan City Ciisu t was:•S0ti p;jr'Tuesday, September 1, 1992, at the Eagan Municipal Center. Present were Mayor Egan ariid:: tigsc ienibers Wachter, Awada, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Assistant City Engineer Foertsch, and City Attorney James Sheldon. Absent was Councilmember McCrea who was out of town. City Administrator Hedges advised the Coune fiat Itemig i$f Department Head Business,Expansion of Area Involved in DNR 1991-1993 Alternative Deer.Control Prcgr.am,is being requested for continuance to the Thursday, September 17, 1992,regular City Coun> :fp.eeting.: In regard to Item A of Additional applioaiiii0i ifi'withdrawn his Request for Reconsideration, Building Permit Prior to Platting Property,Toby T.Stevens,Government Lot 7,Section 18,Township 27,Range 23. Awada moved,Wachter seconded,a motion to approve the agenda for the August 18,1992,regular City Council meeting as amended. Aye: 4 Nay;.:.Q. • • Mayor Egan asked the following correctigi Ito the migt}tes df the August 18, 1992,regular City Council meeting Page 10, paragraph 3,name shouldie:ape�led, "Haverkamp" Pawlenty moved,Awada seconded,a motion to approve the minutes of the August 18,1992,regular City Council meeting as amended. Aye: 5 Nay: 0 DEPARTMENT.HEAD.BUSINESS POLICE DEPARf/aNTAOUTIF:RELATIONS OFFICER Mayor Egan introduced this item as the hiring;of a reacement for the recently appointed Youth Relations Officer. As a point of clarification, two off*positiogl:were authorized with the 1992 budget and two are anticipated with the 1993 budget. It is the request of the Nice Department that one of the two officer positions for 1993 be moved up for immediate hire as a"replacement"for the officer now with Youth Relations in School District #196. Wachter moved,Awada seconded,a motion to approve the authorization of a replacement for the youth relations officer in addition to the three current openings in the:Nice Department. Aye: 4 Nay: 0 EXPANSION.?..SP, .PRIT.AREA/DNR The item dealing with expansion of the area involved in the DNR 1991-1993 Alternative Deer Control Program was continued to the Thursday,September 17,1992,reggiOr City Council meeting with approval of the agenda. t • PAGE 2/EAGAN CITY COUNCIL. September 1, 1992 HUNTING PERM t'JMICHAEL GIJ,'•GENBERGER Pawlenty moved, Awada seconded, a special hunting permit for Michael Guggenberger for hunting deer with bow and arrow'oi .property owned by Gopher Smelting and Refining Company. Aye: 4 Nay: 0 LIZPIRSOCIf4511$1 A. Personnel Items Item 1. Seasonal Park Positions--It was recommended that.the hiring of Everett Culverson, Richard Hoist, Paul Carlson, and Mark Kesti as seasonal park:jqi aintenance workers and Amy Hampton as a seasonal park attendant be approved. B. Proclamation.Book It Day/National Reading Incentive Program. October 1. 1992 It was recommended that October 1", 1992,be proclaimed as Book It Day in the City of Eagan. C. Correct Public Hearing Date to September 17. 1992. for Assessment of Delinquent Bills The public hearing date for the assess it.*o`: quent utility bills was corrected to September 17, 1992. • • D. Contract 92-08. Receive Bids/Award.contrar, .Blai a�wk Park • It was recommended that Improvetiit;:Coiitract 92-08 be awarded to Bituminous Roadways, Inc., in the amount of$440,681.55. E. Contract 92-N. Receive Bids/Award Contract.Blackhawk Park Boardwalk It was recommended that Improvement Contract 92-N for Blackhawk Park Boardwalk be awarded to Galva-Foam Marine Industries in the F. Contract 92-1L Receive Bidsf Award Cont t (I...akeview Trails Addition - Streets & Utilities) It was recommended that the bids for Contra4.02-11 (L l eview Trails Addition-Streets & Utilities) be received and the contract awarded to the lowest responsible biter and the Mayor and City Clerk authorized • to execute all related documents. G. Contract 92-10.Approve Chase Order #1 (Weston Hills Trunk Utilities); It was recommended that Change Order#1 to Contracf;92-10(Weston Hills Trunk Utilities) and the Mayor and City Clerk authorized to execute all related documeii : - H. Final Plat. Hawthorne Woods t • It was recommended that the final plat for Hawthorne:M.Oods West be approved and the Mayor and City Clerk authorized to execute all related documents. • PAGE 3/EAGAN CITY COUNCIL '' '' ''•••••••••• ••::: .;.. September 1, 1992 . I. Shows License. Stipe Shows.Inc..'fiiictilAkota Fun Fc ::September 26 & 271992 It was recommended that a shows Stipe Shows,Inc.,for Dakota Fun Fest for September 26 & 27, 1992. J. Memorandum of Lease.U. S.West New Vector Group& City of Eagan It was recommended that the memi fi i14 is t, *00:*h the U. S. West New Vector Group be approved and the Mayor & City Clerk authorized'fi1'ei fe:•$lt'appwpriate documents. K Authorize Solicitation of Ouotes for Snow•R: moval e.rvices It was recommended that the competikifie*-4..iii.iiitaii**iiiiiiiactual snow removal services be authorized for the 1992-1993 snow removal season. • L. Stipulation of Settlement Agreement.Richard McGrew Property It was recommended that a resolution adopting a stipulation of settlement for the Richard McGrew property be approved as presented. M. Contract 91-08. Authorize Final (Wilderness Run Road - Street & Utility Improvements) It was recommended that the final payment for.ce0 :991-U(Wilderness Run Road-Street&Utility Improvements) be approved in the amount:4:4.1036a and the improvements accepted for perpetual maintenance subject to appropriate warrantjt:povisions. N. Project 613.Receive Final Assessment Roll/Order Public Hearing(Willbrook Addition-Streets& Utilities) It was recommended that the fmat. ssmettt.•roll..for.Froject 613 (Willbrook Addition -.Streets & Utilities) be approved and a public hearing:.'.;.:... to. iefd cii October 1992. PP P ttl��.... 8, O. Contract 91-C.Manor Lake 3rd Addition-&beets&U i1ities.Acknowledge Completion/Authorize City Maintenance It was recommended that completion be acknowledged andp*rpetual maintenance authorized for Project 91-C,Manor Lake 3rd Addition-Streets&Utilities,subject to warranty provisions. P. Contract 91-06.Approve Change Order #2 (Eagandale Center Industrial Park#3 &#4 - Street Improvements It was recommended that Change Order#2 to Contract 4.66(ECIP#3&#4-Street Improvements) be approved and the Mayor and City Clerk4o470:•tD:axte:.all related documents. Q. Contract 92-12.Approve Plans/Authorize$ids-.Poppler Homestead#2(Poppler Lane-Streets& Storm Sewer) • It was recommended that plans for Contract 92-12(Poppler Homestead #2,Poppler Lane-Streets& Storm Sewer)be approved and the advertisement for bids authorized with a bid opening to be held at 10:30 a.m., September 15, 1992. - • . . r . . PAGE 4/EAGAN CITY COUNCIL MINUtt§..% September 1, 1992 '-'•••••• Pawlenty moved,Wachter seconded,:ii:*.tion to appr.*****e Consent Agenda as presented. Aye: 4 Nay 0 P.M.Mr;!..VAROW.RT.M DEERWOOD MIDDLE SCHOOL PROJECT Mayor Egan introduced this item as ood Middle School Project Director of Community Development Runkle asked that the City C.ii.iiiii2Iiii*asicleration to hiring consulting engineers, Short-Elliott-Hendrickson, to perform a traffic analysiaiir the sah661 project. He said the estimated cost is $2,700 but appears to be the only way to answer que,stjons the neighbors have in regard to traffic and safety concerns Mr.Runkle also indicated the City has n*44 the scope of the analysis to lower costs and would negotiate with the School District as to their *t par.ticipatios Councilmember Wachter questioned the precedence for such action and asked whether the neighborhood was willing to fund some of the costs. Community Development Director Runkle mentioned the St.Thomas Becket traffic study but it was pointed out that the church paid 100% of those costs. Mr. Runkle said that while the school district has indicated they have not budgeted for such an expenditure,neither has the City. Councilmember Wachter then expresspd:hjs concerns that even if the study suggests changes,the school district will be unwilling to make those chanksi.:::0001member Awada acknowledged that possibility but said the study results would at a minimum give the ii6iiiiii:g6:404:.some leverage with the School District. :•:•:. After further discussion, Wachter move Awada.secol.k4d, a motion to authorize Short-Elliott- Hendrickson to perform a traffic analysis for the'::Pip04:.':iiiigh.....13Carhood and the Deerwood Middle School , project Aye: 4 Nay 0 • Mayor Egan wished it noted that this direction was given with the understanding that the City and School District will be co-partners in the costs of the traffic'study and that staff will negotiate the lowest cost to the City. FINAL ASSESSMENT 11E4ING MANOR IAICE:iiitH ADDMON Mayor Egan introduced this item as Project 621,Final As ment Hearing,Manor Lake 4th Addition- • Streets&Utilities. City Administrator Hedges said that a meeting had been held between Director of Finance VanOverbeke and attorney Todd Rapp,representing Robert Middlemist,developer of Manor Lake 4th Addition, regarding the assessments for that property. • Assistant City Engineer Foertsch presented an overview *the project and showed the final costs as substantially under feasibility report estimates. Mr.Foertsch al pointed out that an appraisal performed by Ray Connelly indicated no benefit to the 4441/..*#::To*Mci4.*:therefore, it was established at the public hearing for Project 621 that the cost of the the sole responsibility of Manor Lake 4th Addition. • Todd Rapp questioned solely assessing Mr. Middlemist and the Manor Lake 4th Addition for the improvements associated with Project 621. He said the City's decision to assess in that manner was based on an appraisal by Ray Connolly, of Ray Connolly Realty, which Mr. Rapp believes to be outdated with the development of the Lakeview Trail Addition. He said both properties have benefitted from the improvements PAGE 5/EAGAN CITY COUNCIL MINUS September 1, 1992 • to Highway 3 yet only one property is being assns d,•Mr,RapgThea went on to point out a number of errors in the computation of the assessment as well ai''ini;:est q to:tea: Councilmember Pawlenty said that Mr.Connolly's appraisal had indicated that the access onto Highway 3 was of no benefit to the Lakeview Trail Addition and suggested that the access may even diminish the value of that property. Mr.Rapp said there was nothing in the Connolly appraisal that"resembled an appraisal." He said a comparison should have been done of thew ket alue.bef9r. and after the improvements. In addition, Mr.Rapp said that Mr. Connolly had concluded:t#iat as ;:tlic:parcel to the south remained undeveloped, it would derive no benefit from the bypass or the After Mr. Conno ll y's appraisal,isal, the pending assessments remained against the property and when the dloped a few months later,the development process went forward without objection to those pendiOg assessments. Mr. Rapp said it was only through a review of Lakeview Trail Addition that City staff, the. ssments were in error and removed them. He objected to the City's"arbitrarily"eliminat gt te: ess i 1LS:tti:the Lakeview Trail property without a public hearing or notice. Mayor Egan said that on October 15,1991,in good faith,the City Council acted on facts which had led Ray Connolly to conclude that the Lakeview Trail Addition would not benefit from the improvements. The Mayor said it appeared that the City's burden was not to determine whether anyone else should be assessed but whether Manor Lake 4th Addition benefitted to the extent of the assessment. Director of Finance VanOverbeke said t::t e.assessment against the Lakeview Trail Addition was • eliminated as a pending as a result of City Council acti4ti:tip:sober 15, 1991;however,it was not immediately removed from the records. When the error was discovered'it:wavasCorrected. Mayor Egan asked City Attorney Sheldon if with the action that has been taken w ie'ther there;is legal basis to assess the developer of the Lakeview Trail Addition. Mr. Sheldon said it was a change in circumstances or an error in the original assessment. After additional discussion, Mayor Egan suggested the item be continued to clarify the issue. Councilmember Pawlenty said he was comfortable moving ahead but suggested it may be worth another appraisal to more equitably assess the costs of the project. Director of Finance VanOverbeke.:mod:aeverai.questiQns.of the City Council regarding public policy issues. It was the general consensus of the iiiiCii tit.i : ?ikies apply to all others,they should be applied in this instance in a like manner. After further discussion,Pawlenty moved,Awaida seconciegi.a motion to continue the final assessment hearing for Project 621(Manor Lake 4th Addition- &U '•$: )to the September 17,1992,regular City Council meeting to obtain a supplemental appraisal for the purposes of determining whether any other property • should also be assessed. Aye: 3 Nay: 1 (Wachter) AWARD CONTRACT/COUNCIIL,C VIBER MEDIA EQUIPMENT& INSTAL IAtON Mayor Egan introduced this item asieioe i t aiiard of contract for Eagan City Hall Council Chambers media equipment and installation. City Administrator Hedges said that the upgrade bids had been received and analyzed but had come in higher than projected. :; The City Council expressed their disappointment with the higher than anticipated costs for the City Council Chambers renovations. Mike Reardon,Cable Coordinator,pointed out that changes necessitated by the passage of the Americans with Disabilities Act had resulted in increased costs of approximately $7,000. In PAGE 6/EAGAN CITY COUNCIL MINUS':*: :: : :::::: September 1, 1992 addition,Mr.Reardon said that with the volume cif:work contractors;have right now,they are not bidding as only two of the expected five or six contractors submitted; :bid;;•J a reduced bid had been negotiated with the low media equipment bidder;however,if the City :wid to rebid the contract,a change in the business climate was not anticipated for at least the next few months. Mayor Egan said his primary concerns were whether existing equipment would last through a rebidding process and whether rebidding would bring a reduction in costs. Dick Stewart, the City's consultant with Electronic Interiors, said that if the bid we iota ,.:si:bid reduction of$5,000-$6,000 might be possible. Mike Reardon said that failure of the'present:e4lnp feat; a legitimate concern and pointed out that some of the equipment has already failed and loan eqent waging used. •t Discussion continued regarding payment of tlu unprovei*iieats from cable franchise fees. Mr.Reardon said these fees can only be used for cable relate I p rpo es; y tke. ity of Eagan. He noted that the City of Burnsville has hired a communications speiialist.Tor "ca11e:'elated purposes" paid from their franchise fees. Councilmember Awada,while indicating that she would not delay the project,expressed her disappointment at the payment of$20,000 in consulting fees fora contract $21,000 over budget. Mr. Reardon then explained the alternate portions of the bid. He noted that as a result of the ownership transfer resolution,Alternate T1:4.fully funded by Cable TV North Central. Mayor Egan asked if Alternate T2 was integrated into the system*Opthp.r.it could be added at a later date. Mr.Reardon said that T1 was integrated into the system but T2 couldf :;451 c :at:a later date. Awada moved,Wachter seconded,a moth''to receive the:bsds and approve and award the contract for the Eagan City Hall Council Chambers media eq*.pmem and nsstallation to the low bidder with the inclusion of Alternate T1. Aye: 4 Nay 0 • AWARD CONTRACT/COUNCIL CHAMBERS ALTERATIONS Award of this contract was included with the previous motion. RECEIVE BIDS/AWARD'TRUCK/PUMPER TRUCK • Mayor Egan introduced this item as receive'b%ds, consider award of contract for construction of a pumper truck for the Fire Department. City Administrator Hedgitaid the City has authorized the bidding for the construction of the pumper truck as a part of its five-year ( pital Improvements Program. He said the process for the bid was extended to permit the Fire Department's Executive Committee and Truck Committee to review concerns associated with the low bid. Mr. Hedges said the concerns have been worked out and additional conditions have been agreed to by the low bidder, General Safety. Fire Chief Ken Southorn thanked the Truck Committee f' all their extra work on this bid. He said an inspections team from the Fire Department would make peric4iivisits to the General Safety facility to make suggestions and recommendations as the trt •as;:e.ost#ructedr:•:. :.;.:.; • Wachter moved,Pawlenty seconded,a motion f approve awarding the contract for the construction of a pumper truck for the City of Eagan Volunteer Fire Departmett;:tp General Safety Equipment Corporation in the amount of $179,550 with certain fabrication quality standaids..as required by the truck committee of the Volunteer Fire Department. Aye: 4 Nay 0 • PAGE 7/EAGAN CITY COUNCIL MINUTES :•••• ': `• September 1, 1992 PRELIMINARY PLAI':EX'J EN$i.Ql1/ PLER ADDITION Mayor Egan introduced this item as consideration of a preliminary plat extension, Poppler Addition. Director of Community Development Runkle said that staff and the applicant had worked through the issues • and the plat was ready for extension. Rollie Crawford,attorney for the Poll 's,,adiiig t: o:been a long process and that financial and easement concerns had been worked through:'He sa1:4:1 fi at'p14 vould soon be before the City Council for their consideration. Wachter moved, Awada seconded, a motion: a pprov ; t; reliminary plat extension for the Poppler Addition. Aye: 4 Nay: 0 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 (Neighborho 4Business)to R-4(Multiple)and Preliminary Plat consisting of 11 lots and 88 units located along the south side:of ey Road and the east side of Nicols Road in the NE 1/4 of Section 30. City Administrator Hedges said this developiiie :was last considered at the July 7, 1992,regular City Council meeting and at that time staff wa4::idirected t9..y./.94(with the developers and Dakota County regarding access onto Diffley Road. After review::by.:;#die::Cioitiiiity Board and the Physical Development Commission,the County has recommended.no.a s,040 Dif ley Road. Mr.Hedges said that with the County . denial, the developer requested Council cod cfera iion of an alternative plat without access onto Diffley Road. Staff has reviewed the plan and notices were sent to neighboring residents. Mark Parranto, representing Pulsar,Inc.,stated that they had gone before the County Board and the Physical Development Commission but because the development is a replat, the County is not required to provide access. Mr.Parranto said that because.of,the.access.refusal,the interior streets had to be reconfigured pushing the buildings back toward the single,#;aini yb mes:.# e, seated an alternative plan with a single access onto Nicols and said he could see no other alternative.:'••• '' • •' John Bolke, 2141 Marble Lane, asked aboj it::the public safety aspects and suggested that if the development takes its only access onto Nicols Road het left-tu*:lanes and arrows be installed on Nicols at Diffley. Assistant City Engineer Mike Foertsch reported that with he road design as it is,the County does not . feel that the Trips Per Day generated on Nicols warrant those changes. . • The Council then discussed whether two access points onto Nicols might not be preferable to one. Mr. Parranto said that the proposed access is at the low point on Nicoll Road and that they would have problems with access at any other point. He suggested platting the parcel$:1'oi each building individually and then taking access directly off Diffley Road. He said the development could: :composed of lots and blocks and would not require a plat. Mr.Parranto said it would,; rev ;_reg*e: es to the City Code because the Code does not permit land locked parcels. The Coun&*pi esscad o ry' iitii$:about a proposal that would attempt to skirt the County process but did suggest further investigation into aiir access onto Nicols Road. Wachter moved, Awada seconded, a motion directin ::lie City Attorney to review the developer's proposal to condominimize the units and determine whether it is feasible to replace the proposed Meghans Road with two access points onto Nicols Road. Aye: 4 Nay: 0 • PAGE 8/EAGAN CITY COUNCIL MINW S September 1, 1992 The Council advised Mr.Parranto to;atbempt to configure;tie property in such a way that it would not bring the townhouses closer to the single-fame gprtes,.;. • EXPANSION MVTA PARK&RIDE/CEDARVALE Mayor Egan introduced this item as a a ';a4:Park&Ride lot facility in City right-of-way adjacent to Cedarvale Mall. City Administretdi" 3af :itt:: 3everly Miller, Executive Director of the Minnesota Valley Transit Authority,was present and was:requesti ig a 30 space expansion of the park and ride. Director of Community Development Runkle said this is a temporary solution and in 1994,the MVTA would be looking at a larger site Mr.Runkle said the pre5eip proposaf:4;all within City right-of-way and no private property is involved. Wachter moved,Awada seconded, a motion to approve 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. Aye: 4 Nay: 0 SPECIAL USE PERMIT/DAKOTA FUN FEST Mayor Egan introduced this item ai.ii:iiiii4AtiiSepqmit for Dakota,Inc.,for off-site signage for Dakota Fun Fest, September 26-27, 1992. • Wachter moved,Pawlenty seconded,a m00on to appr•osie*special use permit for Dakota,Inc.,to allow temporary directional signs for the Dakota Fun,Fost: r:September 14, - September 28, 1992. Aye: 4 Nay • 0 AGREEMENT/DRIVEWAY EASEMENT/LOST SPUR Mayor Egan introduced this item as an agreement for a driveway easement,Bob Ferguson representing the Osman/Lost Spur property. City Administrator Hedges said this was a specific request on behalf of the Osman Temple. Mr. Ferguson said the e dstibg;road:is*::dis••repair and they want to run a driveway out to Highview Avenue. He said the property ovGtie'rs dii''eitier sicla are not opposed to the proposal. Awada moved, Wachter seconded, a motion:to approve'a private driveway agreement for Robert Ferguson for the Lost Spur property. Aye: 4 Nay: f:::; MODIFICATION/PRELIMINARY PLAT SS MARTHA&MARY EPISCOPAL CHURCH Mayor Egan introduced this item as a modification of the preliminary plat for the Episcopal Church Addition/Ss.Martha&Mary Episcopal Church,to exclude Lot,:Block 1,Kirschner Plaza,from the final plat. - Director of Community Development Runkle explained that repntatives of the Church have asked that 1021 Diffley Road be removed from the prelim inai...p t;for.development of the church property. Mr.Runkle said f#sC p'r. the Church's original intent was to acquirt ty*% ey Road and combine it with the church parcel and the property at 1021 Diffley. Be catise fliey haveibfiii ii able to acquire the property at 1025 Diffley, they are unsure what role either parcel will play in the overall development. • Councilmember Pawlenty stated that the two homes(a1:1021 and 1025 Diffley Road) are in an unusual location with commercial property to the south, apartments to the north, and the school to the east as well as being at a significant intersection. He wondered if carving out this piece of property and preserving it as a lot • PAGE 9/EAGAN CITY COUNCIL MINUW:*•••• •"• :::;:;::: September 1, 1992 •:•:::: '-'•••••• • for a single-family home sale was good planni*:k1 the long ternf,::Vayor Egan agreed and suggested the item be continued to permit someone from the chuii* 41)p:r?§**inswer any questions ' • .•• Wachter moved, Pawlenty seconded, a motion to continue to the September 17, 1992, regular City Council meeting a request from Ss. Martha and Mary Episcopal Church to eliminate the location of the temporary church office located at 1021 Diffley Road from the preliminary plat, Episcopal Church Addition. Aye: 4 Nay: 0 CONDITIONAL USE iliAltMISUMAMERICA Mayor Egan introduced this item as a Conditipol Use Pepnii::t for SuperAmerica,to allow a pylon sign on Lot 1,Block 1, Oak Cliff 6th Addition,located alogifite south Oitt of Cliff Road west of Slater Road in the NW 1/4 of Section 31 City AdministratoK:Hr4Wilf4:Alw:•ifii*had been before the Advisory Planning Commission at their August 25 meeting and they had recomqiedëd approval. Bill Ferris of SuperAmerica was present to answer any questions. Pawlenty moved,Awada seconded, a motion to approve a conditional use permit for SuperAmerica to allow a pylon sign to be located at the intersection of Cliff and Slater Road subject to the following conditions: L The pylon sign shall meet the orsh400:Fequirements and shall be subject to a one-time sign fee of $2.50 per sq.ft. • ••:•:•:•:•:•••••••:-•• • •.. • • 2. All other City Codes and requlremenr shall be met ...............••••••••••• Aye: 4 Nay 0 CONDITIONAL ttSi PERMIT/RYAN CONSTRUCTION OUTDOOR STORAGE Mayor Egan introduced this item as a Conditional Use Permit for Ryan Construction Company to allow outdoor storage on Lot 15, Eagandale Center..451pgr.i.4.Park #2, located along the east side of Lexington Avenue north of Lone Oak Road in the Administrator Hedges said this item had been before the Advisory Pluming CommisilOii àIthOfrAugus.. tneting and they had recommended approval. Director of Community Development Runkle described the locatioitnd background of the application and noted that no one had attended the APC public hearing to siikress Awada moved,Pawlenty seconded,a motion to approve siiiinditional use permit for Ryan Construction to allow outside storage on property located at 2950 Lexington Avenue.South and 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.:*ay:fgpsp:i4*:4.: ss of 6'surrounding storage area 3. All damaged or micsing fence rnatèali1 epakèdor replaced on the redwood boundary fence along the north property line. :••••:••••: 4. Storage area shall be kept clean and organized. Aye: 4 Nay: 0 PAGE 10/EAGAN CITY COUNCIL MINUTES' ••• September 1, 1992 COMPREHENSIVE GUIDE H.AN AMENDNT/REZONING/CAPONI Mayor Egan introduced this item as a C g0:0 e C uide Plan Amendment for 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 1/4 of Section 22 and NE 1/4 of Section 27. City Administrator Hedges said this item had been before the Advisory Planning Commission at their August 25 meeting and they had recommended approval. Director of Community Development Runkle advised that this change; s: :;lt ;an 'dAStruction. He suggested that the property be platted before any construction begins tliiis'p csldi g;fb;:fie:fie of review process during development to get resident input. Anthony Caponi,the property o ii er,was p csent to answer any questions. Pawlenty moved, Awada seconded, a motigip:':t§ appro4.4i. comprehensive guide plan amendment changing the land use from D-I (Single-Family).#g:#>?Pa s)_:ic t d'along the north and south sides of Diffley Road in the SE 1/4 of Section 22 and the NE 3/4 of SectissA::27::Y•YAye: 4 Nay. 0 Pawlenty moved, Wachter seconded, a motion to approve 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. Aye: 4 Nay: 0 PRELIMINA t ;PLEA, '/DEERHAWK ADDITION • Mayor Egan introduced this item as a Prcliriiihary Fiat;for Deerhawk Addition/Dakota County State Bank, consisting of five lots on approximately 2.4 :eviously-zoned.R 1 (Single-Family) acres located along the south side of Deerwood Drive in the SE 1/4 of Section.?A.::::CityAidministrator Hedges said this item had been before the Advisory Planning Commission at 'meeting and they had recommended approval. Gary Fuchs,the attorney representing the Dakota County State Bank,said that the applicant does not agree with the financial obligations stated in the staff report., Mr.Fuchs said that the financial investment the bank has in the property was security for a loan. He said in order for the bank to recover its money, it must develop the property. After discussion,it was suggested that Mr. Fuchs try to resolve the financial issues with staff. Mayor Egan noted that the major financial conditions of the plat are contained within Condition 1,Al which could be waived at the time of final; :::it etl 4 1oibbeI: awlenty said the condition could be waived if staff agrees and makes a recommendation'•*•to''tho'•'Ciii:•Coiincil and the City Council accepts that recommendation. Mr. Fuchs agreed. Pawlenty moved,Wachter seconded, a motion:.:. approvi :*preliminary plat for Dakota County State Bank for deerhawk Addition consisting of five single family lots itt:04 southeast intersection of Deerhawk Road and Deerwood Drive and 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, B4, C1, C2,El,Fl,Gi, and H1 barrier riot to any site actin 2. Tree preservation shall be accgip iplis l o f p Y grading. 3. 30' front building setbacks shall be allowed for all 4. The lowest entry level of the houses on this site shalt have a minimum elevation of 889.0 to provide two feet of freeboard above the 100-year HWL of the wetland. • . . PAGE 11/EAGAN CITY COUNCIL MINES September 1, 1992 5. Individual sanitary sewer and watei•40.401Xiii:Ovided to each lot and the developer will be responsible for repairing the existing streets at 6. No driveways will be allowed onto Taconite Trail. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AME:filtiMENT/ RIVE THRU FACILITY • SEMPERM9LDINGS:::;:: Mayor Egan introduced this item Amendment for Semper Holdings, Inc., to allow a drive-thru facility on Lot 3,Block titailler Park*Addition,located along the south side of Cliff Road west of Rahn Cliff Road in the NE 1/4 of Section 31. City Administrator Hedges said this item had been before the Advisory Planning Commission at their August 25 meeting and they had recommended denial for health, safety, and traffic congestion reasons. Director of Community Development Runkle described the proposal and its location. He reported that from staffs viewpoint the drive-through changes the overall circulation of the planned development anctilops:not lend itself to a safe configuration. Craig Christensen,Walgreens,said they were the drive-through as an experiment. He said it is a valuable service to the elderly and the handicapped and hoted that their Apple Valley store has only 10- 15 cars per day at the drive-through. Mr. ChrrOtensen said these were several mitigating factors to staffs concerns including: Walgreens is not a heavy geti*At.Of:aiii456;the drive-through can be adequately signed to solve the traffic issues,and it is limited to qictl**::Mi..Christensen said there was neighborhood opposition to the project in general but they haven't h4iiili6ie objections to this proposal. Councilmember Wachter said he would have preferred that the drive-through be placed at the back or side of the building. Mr. Christensen pointed out that drive-through has to be next to the pharmacy where the prescriptions are filled. Because the layout has already been designed,it would.be too costly now to retrofit the building for the drive-through to be After additional discussion, it was generally awed that the Council would encourage a drive-through but at the back of the building. Wachter moved,Awada seconded,a motion tif4eny a Pt4iied Development Amendment for Semper Holdings,Inc.,to allow a drive-thru facility on Lot 3,Block 1,HadiWi'ark Addition,located along the south side • of Cliff Road west of Rahn Cliff Road in the NE 1/4 of Section 31.Aye: 4 Nay: 0 TRUTH IN TAXATION/CERTIFICATION OF PROPOSED PROPERTY TPCLEVY Mayor Egan introduced this item 0 :Pi*Viiati*OpaRis for Truth-in-Taxation Public Hearings& Certification of a Proposed General PropeitjetiiiiIiii4J:tttiliiable 1993. Wachter moved,Pawlenty seconded, a motion to appro*;Petember 1 as the public hearing date and December 9 as the continuation date to finalize a levy certificatiii:and adopt a spending appropriation for the general fund. Aye: 4 Nay: 0 PAGE 12/EAGAN CITY COUNCIL MINOT:F.S•'•" September 1, 1992 REQUEST FOR RECONSIDERATION TOBY T STEVENS Mayor Egan introduced this item as a. quest for Reconsideration,Building Permit Prior to Platting Property,Toby T.Stevens,Government Lot 740ioni:18,' '6QwdA1p 27,Range 23. No action was taken on this item as Mr. Stevens has withdrawn his request 1'or`reconS derat on ::: • '4;+,C>4�:::is DEERWOOD'MiiiDLE Safi t PROJECT This item was handled earlier on the-agenda. DON CHRISTFANSON DUPLEX/LOT COVERAGE • Mayor Egan introduced this item as a''reggii"at from•.Don Christianson regarding lot coverage for a duplex on Crestridge Drive. Director of Commueity De\PeIopi hint Runkle said that the lot coverage exceeds the maximum by 13%,which is less than originally thought. Ie:sa the garage could be scaled down in order • to meet lot coverage standards,however,the 13%;ovezage,would:liave little impact. Mr.Runkle noted that the surrounding property owners have been surveyed;and thiei'e'•have been no objections. Don Christianson advised the Council that if he had realized that the.#Ytiildiag would exceed maximum standards, he would not have designed it in such a manner. After discussion,Egan moved,Awada seconded,a motion to approve issuing a building permit for Don Christianson for the property on Crestridge Drive conditioned upon application for a variance and subject to compliance with all application procedures.:.:.•.•.•:.•.•:.•:•:•:.:.:.;.:.;. Aye: 3 Nay. 0 Abstain: 1 (Wachter) FIRE TRUCK OPTION Fire Chief Ken Southom apologized to the City Council ii'not requesting action of the City Council • earlier in the meeting for the options being proposed with the purchase of the pumper truck. Mayor Egan asked with a $179,000 bid, how much the pumper truck was under budget. Chief Southorn said$205,000 had been budgeted for this purchase. Wachter moved,Pawlenty seconded,a motion to approve*options for the pumper truck for the Fire Department as outlined in Exhibit A. Aye: 4 Nay 0 UPDATE/APOTHECARY The City Administrator requested direction of the City C"icil regarding any incentives the City might offer Apothecary, Inc., to locate in the City of Eagan. After discussion,the City Council voiced its opposition to any type of financial incentives but directed staff to obtain more information regarding Apothecary and work with the firm to encourage its relocation to Eagan: • 4 PAGE 13/EAGAN CITY COUNCIL M1/4#0•••••• •' September 1, 1992 • . .FEDERAL RESE :: UUING PERMIT • Mayor Egan introduced this item as the Federal Reserve Bank building permit. Wachter moved,Awada seconded,a motion authorizing staff to process concurrently the building permit and plat applications of the Federal Reserve.Bank:contingent upon that facility's location in the Water's Development of the City of Eagan. Aye: 4:I REQUEST FOR RECONSIDER&7N/RICu4RD L ROSENBERG Egan moved,Pawlenty seconded,a mptitipi :4 approve a:request for reconsideration and authorize the reimbursement of 50% of$660.50 in attorney's''Pees incurrea:tif:Richard L. Rosenberg in connection with the vacation of an easement at Lot 6,Block 1, Lakeside Estates. Aye: 4 Nay: 0 PROJECT 610/OAKS OF BRIDGEWATER 2ND ADDITION Awada moved,Pawlenty seconded,: .m. ti.Q0:to receive the final assessment roll for Project 610(Oaks of Bridgewater 2nd Addition-Streets&Utilities j a icl ac dale.a public hearing to be held on October 8, 1992. Aye: 4 Nay: 0 CITY ADMINIS. '.RAT f14VER GROVE HEIGHTS Mr.Bill Klein,Inver Grove HeightsCity Councilmember,announced that their City would be hiring Jim Willis as IGH's City Administrator/City Clerk effective October 1, 1992. The next Sign Task Force meeting will be-Septeiiitier.2'1992. PROJECT 642/CRTRIDGE::ARIVE Wachter moved,Egan seconded,a motion to receive the petition and authorize a feasibility report for Project 642 (Crestridge Drive- Streets, Utilities& Streetlights). Aye: 4 Nay: 0 CHECKLIST Wachter moved, Egan seconded, a;p o :to,.410.a ;fie checklist dated September 1, 1992, in the amount of$717,217.93. Aye: 4 Nay. 0 • EXECUTIVE SESSION/ADJQURtNMENT The City Council adjourned the regular meeting to an executive session to consider pending litigation at 10:50 p.m. Those in attendance were Mayor Egan, Councilmembers Awada,Pawlenty and Wachter, City •• • •:•:-:•:•:•:•:•:•:-:-:•••••• PAGE 14/PAGAN CITY COUNCIL MINUTES September 1, 1992 Administrator Hedges,Assistant City Engine pertsch,and City•At'torney Sheldon. The executive session was adjourned at approximately 11:10 p.m. • KF CrrtOFEAGAN ffYou need these minuses in an alternative fonn...suchiiiiige.pine:iiiiiille,audio tape,etc,please contact the Cray of Eagan, 3830 Pilot Knob Roa4 Eagan, MICS5W(612):-.0004 (7DD phone: (612) 4544535). •• • • • ••••••••• •••••• •••••••••.*:: • •:•:•:••••:.:•••••••• •.•••.• ;:•:•:•: • • • • EXHIBIT A F/` FZ • : _ . L■t+12 a.441. 5-00 • p142,t.'n„`, 402 - Lo-<A,42/t- C'na��r' •, Y " _ : .. * O piL . i*5' - - 5 29 7 /7i-r .. 40-4, -52-1c-Za-t:7 •