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07/21/1992 - City Council Regular rig 1 - AGENDA •EGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA !7- MUNICIPAL CENTER BUILDING JULY 21, 1992 " V is ` A- 6:30 P.M. , %A.. Ct. - ..- - I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) • k'�' ''`. m ' . II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) ,...-- `- O -°� --T 1 III. 6:40 - PRESENTATION - OUTSTANDING CITIZEN COMMENDATION y' MICHAEL NORTON Wes. _ `-1- �,`. C' `'"" ` IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) ■ 3 A. PARKS & RECREATION DEPARTMENT !k 1. Fish Lake Trailway B. FIRE DEPARTMENT te, 1 a1. Resolution Regarding Relief Association Lump Sum ServicelAmount 11� V. 6:55 - CONSENT AGENDA (PINK) t' #2 °/( A. PERSONNEL ITEMS - f ; °� LICENSES, Plumbers (. LICENSE, Massage Therapist, Barbara Pakola I 2j D. LICENSE, Cigarette, Wal-Mart E, LICENSE, Pet Shop, Wal-Mart .mac F. SET Sale Date for 1992 Improvement Bond, Two Refunding Bond Issues, and 1992 Equipment Certificates ;qpFINAL PLAT, Weston Hills Addition CONSIDERATION of Request for Congressional Support of the Cable Television Consumer Protection and Competition Act of 1992 0 CONTRACT 92-07, Receive Bids/Award Contract (1992 Sealcoating) U 3 J PROJECT 636, Receive Feasibility Report/Order Public Hearing (Poppler Addition - V / Streets and Storm Sewer) .� K. CONTRACT 92-06, Receive Bids/Award Contract (Johnny Cake Ridge road & Cedar Industrial Park - Street Rehabilitation ? L. CONTRACT 91-G, S Todd Rapp Addition. (Streets & Utilities) Acknowledge Completion/Authorize City Maintenance ij1CM;1 CONTRACT 86-W, Fairway Hills 1st Addition, ( Streets & Utilities) Acknowledge Completion/Authorize City Maintenance ..' AN. CONTRACT 91-06, Contract Change Order #1 (Eagandale Center Industrial Park No. 3 & 4, Street Overlay) 0. APPROVE Plans and Specifications/Authorize Advertisement for Bids, Blackhawk Park q4 / Phase I P. FINAL PLAT, E-Z Stop of Eagan VI. 7:00 - PUBLIC HEARINGS (SALMON) ,-°' ffi/ ' I,?A. PROJECT 634, Cedar Grove 7th and Lakeside Estates Addition - Streetlights 41j'' Y VII. OLD BUSINESS (ORCHID) ,A' 4 A. LICENSE, On-Sale Beer, Piccolo' s/Wallace J. Boudreau, 4162 Pilot Knob Road , hy . v- - u".----7 . '111111117 VIII. NEW BUSINESS (TAN) Or J.tAA. CONDITIONAL USE PERMIT, James Bombardo, to Allow Indoor Recreation and More than Three Amusement Devices, Including Outdoor Miniature Golf and Go Cart Track, in a CSC (Community Shopping Center) District on Lot 1, Block 3, Mari Acres 2nd Addition, Located Along the West Side of Nicols Road in the SW 1/4 of Sec 30 �6)c B. WAIVER OF PLAT, Opus Corporation, in Order to Split Lots 191-03 and 192-03, Block 3, into Lots 14-19, Block 3, Eagandale Center Industrial Park #4 Located Along the West Side of Mike Collins Drive, North of Aldrin Lane, in the SE 1/4 of Sec 11 (,0( :. WAIVER OF PLAT, Opus Corporation, in Order to Split Lots 191-04 and 192-04, Block 4, P. into Lots 14-19, Block 4, Eagandale Center Industrial Park I4,0Located Along the West Side of Mike Collins Drive, South of Aldrin Lane, in the SE 1/4 of Sec 11 ` (CB D. CONDITIONAL USE PERMIT, A & H Cartage, to Allow a Truck and Freight Terminal in a LI 47 (Light Industiral) District on Lots 14, 15, and 16, Block 4, Eagandale Center Industrial Park #4, Located Along the West Side of Mike Collins Drive South of Aldrin Drive in the SE 1/4 of Sec 11 / 1E. VARIANCE, Robert & Michelle Haugan, of 12' 6" to the Required 30' Setback from Public Right-of-Way Located at 1113 Westbury Path in the NE 1/4 of Sec 22 VARIANCE, Homayoun & Kathleen Riazi, of 4' to the Required 10' Side Yard Setback, 71 :2)- F. Located at 4271 Sun Cliff Road in the NW 1/4 of Sec 29 4 G. VARIANCE, J. Joseph Construction, of 4' to the Required 30' Setback from Public Right- ;/ ,/ of-Way, Located at 4320 Dunrovin Lane in the NW 1/4 of Sec 29 yH. SPECIAL USE PERMIT, Harvest Fellowship, to Allow a Church to Occupy Building Space in P� a Limited Industrial Zoning District Located at 3584 Kennebec Drive in the NW 1/4 of Sec 17 IX. ADDITIONAL. ITEMS (GOLD) Alt IIIP i (4) X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) XI. ADMINISTRATIVE AGENDA (GREEN) XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT r MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 16, 1992 SUBJECT: AGENDA INFORMATION FOR THE JULY 21, 1992 CITY COUNCIL MEETING ►D P GENP IPP. t :> ` After approval is given to the July 21, 1992 City Council agenda, the regular meeting minutes of the July 7, 1992 meeting, the following items are in order for consideration. PRESENTATION • OtTSTANDENG CITIZEN COMMENDATION MICHAEL NORTON ................ Eagan resident Michael Norton was personally responsible for saving the life of Nathan Antinozzi at the Holland Lake swimming beach on May 31, 1992. Contributions such as this where residents look out for one another is the essence of true citizenship and reflects the healthy aspects of an effective society. Because of the significance of this action and life saving nature, the Police Department is recommending that a citizen commendation be given to Mr. Norton and be presented at Tuesday's meeting. Enclosed on page 02 is a copy of a memorandum from the Police Department in this regard. Deputy Chief Aszmann will be present to assist in this presentation on behalf of Police Chief Geagan. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a citizen commendation for Michael Norton for his prompt action in saving the life of Nathan Antinozzi as outlined in the staff memorandum. S police department • PATRICK J.GEAGAN } . Chief of Police —city of en on KENNETH D.ASZMANN N Operations Captain • 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN.MINNESOTA 55122-1897 Mayor PHONE:(612)681-4700 FAX:(612)681-4738 PATRICIA AWADA PAMELA McCREA TIM PAWLENTY . THEODORE WACHTER Council Members THOMAS HEDGES July 15, 1992 City Admininstrator EUGENE VAN OVERBEKE City Clerk TO: TOM HEDGES, CITY ADMINISTRATOR FROM: PAT GEAGAN, CHIEF OF POLICE SUBJECT: CITIZEN COMMENDATION We will be recommending a citizen's life saving efforts, with a "Citizen Commendation" at the July 21, 1992, City Council Meeting. The commendation reads as follows: To: Michael Norton IIIII On May 31, 1992, you were swimming in Holland Lake some distance from the swimming beach. You heard a young voice crying out in fear. You observed a small float, with no one in it, between you and the beach. You quickly swam to the float, dove under the water and found Nathan Antinozzi, age six, submerged. You brought Nathan to the surface and helped him start to breathe. Because of your efforts, six year old Nathan Antinozzi is alive today. I suggest that Deputy Chief Aszmann, in my absence, and the Mayor present this award. Mr. Norton has been notified and will be present. • Patrick J. Geagan Chief of Police PJG:lb (... . THE LONE OAK TREE . . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer • Agenda Information Memo July 21, 1992 City Council Meeting AT` ` ' ` 1±1 # "'� A. PARKS AND RECREATION DEPARTMENT Item 1. Fish Lake Trailway—Enclosed on pagg 4'G is a memorandum from the Parks and Recreation Director outlining the chronology relative to a trailway located outside of the trail easements for Fish Lake Park. City staff has been working with the ad'acent property owners relative to alternative solutions in this regard.Enclosed on pages through 4.2.....is a memorandum from the Parks and Recreation Department outlining l e three alterna- tives and their relativp qierits with respect to correcting this situation. Finally, enclosed on pages through I ' is a letter from one of the property owners reflecting his concerns in this regard. In general terms, the concerns relate not only to the location of the trail outside of the easement, but to the level of use the trail receives as it is the only access to the Fish Lake peninsula and fishing pier. It may be appropriate in considering any solution to this problem that the Council consider the trail location and use issue separately but in relation to one another. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a trail location io alternative and potential use restrictions or other mitigative measures relative to the concerns raised by the Pine Crest Addition residents. d . • .....3 MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: JUNE 11, 1992 RE: FISH LAKE PARK - TRAIL You had asked that I prepare a brief memorandum on the chronology of events regarding the improper location of the bituminous trail at Fish Lake Park for the benefit of the City Council. 1. Park land for Fish Lake Park was acquired in 1974 and 1983. 2. Park Systems Site Plan developed; Concept Plan approved for a park, including Fish Lake in 1983. (See Attached Drawing) 3. 1983 - City applied for L.C.M.R. Grant for development of Fish Lake Park. 4. March 1984 - Grant application by L.C.M.R. was approved. Grant provided for grading, parking lot, trail, docks, boat launch, landscaping, and design engineering at a 50% matching level. 5. July, 1986 - City makes an initial application to D.N.R. for fishing pier and lake aeration on the CORE application. DNR makes recommendation for re-submission; indicates likely approval in next bi-annum. 6. November 1986 - Pinecrest Addition reviewed by the Advisory Parks & Recreation Commission, staff memo reflects the developer did not want to provide a land dedication due to the potential loss of lots,but was willing to provide a trail easement reflecting the parks concept plan needs of having a trail connection to this peninsula. 7. December 1986, Council approved Pine Crest Addition. The developer is to provide a 20 foot wide easement trail; the trail easement is to be 1.5 feet above N.W.L.; the trail will be benched by the developer; trail location to be mutually agreed upon. 8. In the Fall of 1987, the trail was constructed. 9. December 1987, the City makes re-application for standard D.N.R. fishing pier through the C.O.R.E. Program. (See Attached) • 1-7 • FISH LAKE PARK - TRAIL PAGE TWO JUNE 11, 1992 10. 1988/89 Lots 8 and 9 were constructed. 11. August 1988: pier grant awarded by D.N.R. 12. June 1989: Fishing pier installed 13. June 1991: Letter indicating belief that trail was not within proper easement to Lots 8, 9 & 10, received by staff from affected property owners. An engineering survey confirmed the trail was not within the proper easement, and it affected Lots 8 & 9, but did not affect Lot #10. (See Drawing) Also, confirmed was the fact that the easement provided did not meet the development agreement requirement for being 1.5 feet above the N.W.L. RESIDENTIAL CONCERNS: Mr. Lay (Lot #9) and Mr. Runkle (Lot #8) have somewhat the same concerns regarding the use (and abuse) of the park. However, each is impacted by the trail somewhat differently, consequently, different solutions/remedies are sought. Numerous alternatives were reviewed trying to solve this issue. As it relates to Mr. Lay, he has asked that we relocate that portion of the trail that comes towards his home back into the easement area. He has no objection to the "new" trail reconnecting to the existing trail at the approximate mid-point to this property. Mr. Lay has also asked that he be able to gate that portion of the trail that will be abandoned to allow him to use it at some point in the future. Further, a conduit would be placed under the new trail for possible future electrical connection, and he would be appropriately enumerated for the new trail easement required. Mr. Runkle sees the problem, not so much as the trail, but.the fishing pier and its use/over use. Mr. Runkle would like to see the fishing pier relocated elsewhere onto Fish Lake Park. The fishing pier is "owned by the D.N.R.", and any determination as to its relocation is as much, if not more, that of the D.N.R. than the City's. • FISH LAKE PARK PAGE THREE • JUNE 11, 1992 RESOLUTION: The City has to make a decision as to the proper use of Fish Lake Park and Fish Lake Trail. 1. Should the trail be relocated within the easement in its entirety? OR should the trail be relocated only on that portion of Mr. Lay's land, as he has requested, then be reconnected with the relocation or removal of the fishing pier to another location on Fish Lake Park. It is my understanding that the City Council will be meeting at Fish Lake Park on Monday, June 15, 1992, 4:00 P.M. for the purpose of reviewing this issue. If you would like additional information prior to that time, or if I have made an inadvertent omission of what you believe are some of the important aspects of this issue, please feel free to contact me. • KV/bls cc: Dale Runkle Mr. Tom Lay • • (c' MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: JUNE 29, 1992 RE: FISH LAKE TRAIL BACKGROUND Mayor Egan, Councilmembers Ted Wachter and Pat Awada met on June 15 for the purpose of walking the trail at Fish Lake Park to review alternatives to resolve the issue of the "misplaced trail" that affect three properties of the Pinecrest Addition. The City Administrator and Parks and Recreation Department staff also attended. DISCUSSION AND COMMENTS In walking the trail, two alternatives for relocating the trail within the easement were discussed. Three residents complained about the excessive use/abuse of the park peninsula and the trail. The residents stated that this park use detracts from their visual enjoyment • of the park and from their own property. The large fishing dock, designed to accommodate handicapped accessibility requirements, attracts a "significant" number of users. This was seen as both positive and negative. The large number of users validates the needs and desirability for a large pier but can also be disruptive to adjacent properties. ALTERNATIVES There appears to be three basic alternatives in which there seems to be general agreement as to being possible solutions. Attached is an exhibit (Exhibit 1) which shows the current trail alignment as it relates to the lots and the trail easement the City holds. Alternate A Exhibit 2 (or Alternative A) shows a portion of the trail being re-located within the easement, then reconnecting to the existing trail now in place at a point east of the common property line between Lots 8 and 9. This alternative would require new trail easement be obtained for that distance in which the trail goes outside the current easement. Both property owners would have to agree to this new alignment and to grant a new easement. Mr. Runkle is in general agreement to this alignment, if there is a reduction in the use of the traffic to the peninsula. Downsizing or relocation of the fishing pier is seen as an exchange for the easement. In the case of Mr. Lay, reimbursement for the new trail easement would be through additional plant material • and screening as well as a financial renumeration. • Fish Lake Trail June 29, 1992 • Page 2 This new alignment would result in some loss of vegetation which is primarily ground cover. That portion of the existing trail abandoned would be removed and turf restored or, as has been requested by Mr. Lay, he would like to maintain a portion of that trail for his own usage, but to be gated. Alternate B Alternate B, as identified in Exhibit 3, proposes the trail be completely relocated to within the existing easement. The old trail would be removed and restored as was previously mentioned. This alternative would not require any agreement with the effected property owners in terms of obtaining new easements. This alternative would keep the existing fishing pier at its current location to satisfy the demands and needs of the users as has been demonstrated. This trail alternative would result in the loss of some larger bush type vegetation near the property line between Lots 8 and 9. This vegetation is too large to be transplanted. Additional planting could be done after the trail is relocated but it would take some time for this to mature and provide the screening that may be desired. ALTERNATE C Another alternate mentioned was the potential closing of the trail or park at a specific time. • The park does not close until 11:00 pm, which is consistent with the City Ordinance. Consequently, people who may be disruptive or utilizing the park during late evening hours cannot be dismissed from the park. A change,which would close the trail, or the park itself at an earlier hour, is another alternative. This alternative was not discussed fully with the residents as it was an afterthought of the meeting. However this might be an alternative worth considering. The problem with this scenario might be the actual functioning of opening and closing the trail/park. Who would be assigned the responsibility of closing the park in the evening? What happens if that assigned person is called to another emergency assignment or is unavailable? With the potential for covering this option 365 days a year, serious thought about the mechanics of this needs to be considered as does the opinion of the residents. FOR COUNCIL ACTION The City Council is asked to make a determination of policy relative to the trail. Being aware of the fact that under Alternative A, residents must also be in agreement to provide a new trail easement necessary to construct the trail. Alternative B does not require an agreement with the residents as this provides for total relocation of the trail within the existing City easement. Alternative C would also require an agreement by the residents as it would require, again, a new trail easement for where the existing trail is now located. KV:cm • Attachments • • t O • • N i, • • A • `4 /4 1. 1 - 4..G.T 4..C,T .9 _ Its i.4.0C-44- t dux- - 1 $L 4'-I • • _ -. x o -tr. TistA-tl _ , iv' rI Mil TDill/ - _-__ _ _ _/ p , 7..„_,,,,......_,,.........„\ t OIL, �* - is`ta . 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' .' .t (/2-3/12 „ t,D•8Y Lilies w • June 15, 1992 RE: Pinecrest Trail Problems Attn: Mayor and City Council The City's acknowledgement of the trail easement's wrong placement and misinformation surrounding the park stems back as far as 1987 when Pinecrest Addition was built. In 1987, a City Public Works official said the trail would be wood chipped. It is also public information (library) that the Parks Planning Commission's "plan" for Fish Lake was not followed. We have been attempting to resolve each homeowner's issues since March, 1991. I have been working with Ken Vraa since 1991, but feel issues have dragged on. Recently, I was made aware Mr. Von Delinde would now be resolving our issues. I advised Mr. Vraa I would not deal with Mr. Von Delinde due to Mr. Von Delinde's inconsiderate dealings in 1988. I would like to take a moment to address my family's specific issues. First, the trail approach to our home allows for no privacy; this is caused by the trail's improper placement. Second, the volume of people using the trail is a great concern. I counted 43 people on a Sunday morning passing by our house before 10:00 a.m. This past weekend an average of approximately 10-20 people per hour used the trail. We feel the paved path and the dock account for such a constant high volume of people. Third, the park hour of 11:00 p.m. closing for this part of the park is ridiculous. There needs to be a way to gate off or block this end of the park by 9:00 p.m. People are on the trail and in the park up to Midnight, creating a "lovers lane", resulting in strangers cutting through our yard to use the trail after dark, which is extremely frightening to my family. With the park closing at 11:00 p.m. , we are not able to call the police until after that time. We have called the police numerous times and have given up because of retaliation by the people being removed; on one occasion our house was egged) . A recent example occurred on June 10, 1992, where at 12:40 a.m. people were down on the dock, police were called and were riot able to arrive until 1:20 a.m. On June 13 , 1992, at 12:30 a.m. , again people were down on the dock at which time I asked them to leave. We do not want to be considered chronic complainers by the police. • • • Pinecrest Trail Problems • Page 2 In general, over the past six years my family and I have dealt with many problems and inconsiderateness of people. To highlight a few: • People have had sexual intercourse on the picnic table around • noon time! • People have taken bowel movements by the oak tree. • Adults and juveniles have urinated in my bushes and on the trees. • Juveniles have driven their vehicles down the trail to the dock, drinking and partying. • People have crossed through our yard for quick access to the lake. • People have allowed their dogs to urinate and do their messes on our private property. • Juveniles constantly race back and forth on the trail with skateboards, bicycles and rollerblades. • The public perceives our private land as public, preventing my development of a beach. • Trees, shrubs and bushes are damaged and broken for use as fishing poles and firewood. • And the TRASH! As there are no trash cans, garbage is • continually being dumped on the trail and in the lake, not to mention on our private property. • We have experienced the theft to toys, shovels, and even sod! • We are also confronted with irate, inconsiderate demeanor and actions when we have asked people to stop urinating in our yard or damaging our trees. inconsiderate demeanor and actions. - *My family and I feel we have lost privacy and our backyard as the public perceives our property as public usage land. Up to this date I have refrained from talking with. the City Manager or the City Council but we need your help! I feel this is an excellent opportunity to express my family's concerns. We have provided the City with options and we need to resolve these issues as soon as Possible. Thank you for your time and consideration by directly looking into these matters. Your personal visit on June 15th is appreciated and I look forward to your input and assistance. Sincerely, • Thomas L. Lay and Family 3672 Pinecrest Court • Eagan, MN 55123 411 Agenda Information Memo • July 21, 1992 City Council Meeting B. FIRE DEPARTMENT Item 1. Resolution Regarding Relief Association Lump Sum Service Pension Amount—On June 5, 1992, the Office of the Attorney General reviewed the benefit level of the Anoka- Champlin Fire Department Relief Association and provided interpretation according to Minnesota Statute that defines the maximum service pension stating that the maximum lump sum service pension per year of service is $3,000. A small number of relief associations were paying benefit amounts over the $3,000 maximum per year of service as of December 31, 1991 and Eagan is included as one of those communities. Apparently Chapter 509, Senate File #1230, Article 1, Section 5(b) addressed the issue by "grandfathering" these associations through the allowance of maintained benefit levels in force as of December 31, 1991. However, this bill was pocket vetoed by Governor Carlson because of an ambulance funding issue that was attached to that bill, however not related to the relief association. As a result of the veto, the Office of the State Auditor is mandated to report associations who are in non-compliance with Minnesota Statute 69.771 to 69.776, or any related funding or financing provision, to the Department of Revenue and Legislative Commission of Pensions and Retirement. This notification would result in withholding a State fire aid until the disqualification is remedied. • In a letter received July 8, the Office of the State Auditor is stating that notification of non- compliance to the Department of Revenue and Legislative Commission of Pensions and Retirement will be sent on July 23, giving the City only a week to resolve the issue. The Fire Relief Association Executive Committee has called a special meeting for Monday,July 20 at 4:30 p.m. They will be meeting with Mayor Egan, the City Administrator and Director of Finance to discuss the issue. It is suggested by the City Administrator that the City Council go on record recognizing the maximum lump sum service pension to not exceed $3,000 and hold off any new payments during 1992 and place all volunteer firefighters who have retired on notice that they were overpaid and that the City will be seeking special legislation to correct the matter in the next session. As a part of this action, the City would not request any reimbursement from those volunteers who retired in hopes that the matter will be corrected in the next legislative session. The maximum lump sum service pension per year of service for the City of Eagan is currently at $3,375. • ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the City Administrator to'' send a letter to the State Auditor stating that the City of Eagan will comply with the maximum lump sum service pension to not exceed $3,000 and will place all volunteer • firefighters who have retired on notice that the volunteer firefighters have been overpaid and there will be no future payments exceeding the maximum lump sum service pension of s ' • $3,000 and further, that the City will make every effort to correct the matter in the next legislative session, grandfathering all payments that were made according to an approved , plan by the City in force as of December 31, 1991. Ill Agenda Information Memo July 21, 1992 City Council Meeting There are sixteen (16) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Hearing Conservation Program Agreement/Bloomington Public Health Service--The City of Eagan annually contracts with the Bloomington Public Health Service of the city of Bloomington to provide required OSHA hearing testing and education for all maintenance employees. At this time, it is appropriate that the Council approve the 1992 contract with the public health service in the amount of $2,618.00. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the contract with the Bloomington Health Department for the hearing conservation program. Item 2. Volunteer Firefighter Members--The executive board of the Eagan Volunteer Fire Department has reviewed the training and performance of five apprentice firefighters. During their 18 month probationary period, they have satisfactorily completed their course of study and have performed well in emergency situations. The executive board recommends that the following firefighters be accepted as regular active members of the Eagan Volunteer Fire Department: Michael Bihl, David Johnson, Eric Otjen, Michael Scott, and David Remily. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the acceptance of Michael Bihl, David Johnson, Eric Otjen, Michael Scott, and David Remily as regular active members of the Eagan Volunteer Fire Department. Item 3. Temporary Administrative Intern/Recycling Specialist--As the Council is aware, the City's Recycling Coordinator will be taking a child care leave. In order to cover during her absence, the City advertised for a temporary administrative intern/recycling specialist. Approximately 35 applications were received for the position. After reviewing the applications, four persons were invited to the Eagan Municipal Center for an interview and a written exercise. The interview panel consisted of Assistant to the City Administrator Hohenstein,Recycling Coordinator Hageman and Assistant to the City Administrator Duffy. References are currently being checked on their unanimous selection for the position. The • name of the recommended applicant will be forwarded to the Council with the administrative agenda packet on Monday. Agenda Information Memo • July 21, 1992 City Council Meeting ACTION TO BE CONSIDERED ON THIS ITEM: To approve a person to be named on Monday, July 20, 1992, as a temporary six month administrative intern/recycling specialist. Item 4. Resignation/Clerical Technician III/Parks and Recreation Department—Enclosed on page X is a copy of the letter of resignation of Barbara Sellars, the full-time clerical technician III in the Parks and Recreation Department. It would be appropriate at this time for the Council to accept the resignation and to authorize the filling of the position. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Barbara Sellars and to approve the filling of the full-time Clerical Technician III position in the Parks and Recreation Department. 1� • • _city of aagan 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 City Admininstrator July 16, 1992 EUGENE VAN OVERBEKE City Clerk Ken Vraa Director of Parks & Recreation 3830 Pilot Knob Road Eagan, MN 55122 Dear Ken: . Reluctantly,I am handing in my resignation effective July 31, 1992. I have been here almost seven years and I have enjoyed every minute of it. The job has really been enjoyable, even in the busiest of times! It was a privilege to work here. I would like to thank you personally Ken for being such an easy manager to work for. You never interfered - just let us run with the jobs and get them done. That is an appreciated trait in management. If you ever need a warm vacation, please keep Phoenix in mind - there's always room. Love, Barbara Sellars THE LONE OAK TREE . . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer ( 9 Agenda Information Memo 4111 July 21, 1992 City Council Meeting PLUMBERS LICENSES B. Licenses, Plumbers--The City Code requires that all plumbing contractors operating within the City be licensed on at least an annual basis. Enclosed on pagerO is a list of the contractors whose applications are in order for consideration at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. S • • PLUMBERS TO BE APPROVED BY CITY COUNCIL JULY 21, 1992 1. ALL AMERICAN MECHANICAL 2. AQUA CITY PLUMBING INC. 3. E. M. I. SERVICE 4. GARDNER STONE MECHANICAL 5. MIKE LARSON PLUMBING 6. M & D PLUMBING & HEATING 7. MAIN LINE PLUMBING 8. RICHFIELD PLUMBING CO. , INC. 9. SMISEK'S (-20 Agenda Information Memo July 21, 1992 City Council Meeting • MASSAGE THERAPIST LICENSE C. License, Massage Therapist, Barbara Pako la—An application has been received of Barbara Pakola for a massage therapist license pursuant to City Code. Enclosed without page number is a copy of the application together with the police investigation report in this regard. The Police Department has identified no reason to deny the license at this time. However, the department is recommending two conditions for approval, namely: 1. That Ms. Pakola submit a medical certificate from a licensed physician stating that she does not have any communicable disease and that she supply a front and side view photograph of herself for identification purposes. 2. That the license be issued in the name of a specific health care facility within the City on the basis of an agreement to provide therapeutic massage through that health care facility. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a massage therapist license for Barbara Pakola as presented and subject to the conditions listed above. CIGARETTE LICENSE/WAL MART • D. License, Cigarette, Wal Mart--City Code requires the licensing of any vendor selling cigarettes via vending machines or over the counter. Enclosed on page is an application from Wal Mart stores in this regard. The application has been reviewed by staff and is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the cigarette license for the Wal Mart store at 1360 Town Centre Drive as presented. • .07 30 PILOT KNOB ROAD CITY OF EAGAN 681-4600 AN, MN 55122-1897 APPLICATION FOR LICENSE I Ob«I f O / 1 r hereby make application for C/jar 0 i-(2- �j ame) t % 1 f from the City of Eagan. License for the year Y OWNER: 10/4:- frifi r S1P1i IMF ADDRESS: 7(V J to 3`f`) CITY: gr,41 inn UJ /E(, STATE: BUSINESS : (I ) / L ni I' tti( ' / ) (o ADDRESS: /J 11) TD Lay-) Cart t (11 CITY: L ( n I) STATE: /JAi ZIP: -'/ TELEPHONE NUMBER" (7/ to o( 0 J /c1 i C. Municipalities presently licensed: Municipalities which have denied licenses to applicant: SCHEDULE OF FEES AND REQUIREMENTS: CHECK CORRECT BLANK PLUMBING & CESSPOOL INSTALLER & NO CHARGE OUTSIDE SEWER & WATER CONNECTIONS Master Plumbers Certificate State Dept. of Health Bond & Insurance Certificate 2 . WATER SOFTENER LICENSE NO CHARGE Requirements same as Plumbers 3. WELL DRILLERS LICENSE NO CHARGE Requirements same as Plumbers 4. 1 CIGARETTE LICENSE $40.00 per vending machine or over-the-counter Check appropriate response: 0 vending machine sales No. of machines 0 pover-the-counter sales MAKE CHECK PAYABLE TO: CITY OF EAGAN. Licenses are issued for a Calendar year period (Jan.-Dec. ) and there is NO PRORATED FEE on any license. Licenses will be issued to individuals or firms who are qualified for the particular license applied for. Failure to provide true and correct information shall constitute a violation of the ordinance in question and in addition to penalities, the license of any applicant may be revoked. OFFICE USE ONLY: LICENSE NO. DATE ISSUED: 12 .91 Agenda Information Memo July 21, 1992 City Council Meeting • PET SHOP LICENSE/WAL MART E. License,Pet Shop,Wal Mart--City de requires the licensing of all pet shops operating within the City. Enclosed on pageq?4is a copy of the application received from the Wal Mart store at 1360 Town Centre Drive indicating that facility has been investigated by staff and that all licensing regulations have been met. Staff has identified no reason to deny this application at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a pet shop license for the Wal Mart store at 1360 Town Centre Drive as presented. • • 0,)Th City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 PET SHOP LICENSING PET SHOP is for the purpose of selling live dogs, cats, monkeys, hamsters , parrots, fish or other small animals . Pet shops are permitted in commercial zones only. A LICENSE IS REQUIRED. LICENSING REGULATIONS: Floor is constructed of non-absorbent/non-adsorbent material . - X Floors are clean, sanitary and in good repair. • }c Walls and ceilings are clean, sanitary and in good repair . Animal housing is of metal, glass, durable plastic or other durable material . X_ Animal housing is clean, sanitary and in good repair. Animal housing is sized sufficiently for humane confinement. Rooms containing animals are illuminated at least 8 hours a day with sufficient lighting to permit routine cleaning and inspections . Rooms mechanically ventilated for air exchange. Room temperatures do not endanger animals ' health. .2.4L Odors and organisms do not enter adjacent businesses . III4. Replacement air preheated so as not endanger health of animals . Utensils used in food preparation and feeding are clean, sanitary and in good repair. )C All animals are kept within the enclosed building. All animals subject to distemper and infectitious hepatitis have proof of innoculation prior to delivery to pet shop by licensed Minnesota veternarian. Monkeys must have proof of annual tuberculin test . There is a separate room for storing janitorial supplies and equipment. Janitor 's room has sink with hot and cold running water. • . / .1 • lb AIL _ / Inspected b Y � 44,*) • Date: 7' J1T4INI. •• 6.90 Agenda Information Memo • July 21, 1992 City Council Meeting RESOLUTION/SET BOND SALE F. Resolution to Set Sale Date 1992 Improvement Bonds,Two Refunding Bond Issues and 1992 Equipment Certificates—Staff is working with Springsted, the City's fiscal consultant to put together the 1992 bonding program. Details are being worked out for the sale of 1992 Improvement Bonds to provide money to finance 1991 and 1992 special assessment improvements which have not previously been financed. The $4,650,000 Improvement Bonds of 1986 will be refunded with a new current refunding issue and the $13,400,000 Improvement Bonds of 1988 will be refunded through a crossover advance refunding issue. Finally, the 1992 Equipment Certificates will be sold to finance previously approved capital equipment acquisition. A copy of a resolution setting the bond sale is enclosed on page Complete sales recommendations will be presented to the City Council after the details have been completed. ACTION TO BE CONSIDERED ON THIS ITEM: To set the sale date of August 18, 1992, for the 1992 Improvement Bonds, two Refunding Bond Issues and the 1992 Equipment Certificates. • • • RESOLUTION PROVIDING FOR THE SALE OF GENERAL OBLIGATION BONDS FOR 1992 FINANCING REQUIREMENTS BE IT RESOLVED, by the City Council of the City of Eagan as follows: 1) The City Council shall consider proposals on Tuesday, August 18, 1992, for the sale of bonds. 2) The Finance Director, in cooperation with Springsted, Incorporated, as independent financial advisor, shall develop recommendations for the structuring of bond sales for (i) general obligation improvement bonds pursuant to Chapter 429, Minnesota Statutes, for public improvement projects in need of funding, (ii) general obligation equipment certificates of indebtedness pursuant to Section 412.301, Minnesota Statutes,for the financing of capital equipment requirements and (iii) general obligation refunding improvement bonds pursuant to Section 475.67, Minnesota Statutes, to achieve potential interest costs savings through the refunding of the City's outstanding General Obligation Improvement Bonds of 1986 and General Obligation Improvement Bonds of 1988. 3) The Finance Director and Springsted, Incorporated, shall prepare an official statement and take such other action as the Finance Director may deem necessary or • expedient in connection with the solicitation of proposals for the sale of the bonds. CITY OF EAGAN CITY COUNCIL • By: Its Mayor Attest: Its Clerk Motion Made By: Seconded By: Those In Favor: Those Opposed: CERTIFICATION • I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 21st day of July, 1992. E.J.Vanoverbeke, City Clerk Agenda Information Memo • July 21, 1992 City Council Meeting FINAL PLAT/WESTON HILLS ADDITION G. Final Plat, Weston Hills Addition--Staff has received an application for final plat approval for the Weston Hills Addition. All conditions placed on the preliminary plat approval of March 2, 1992, have been satisfactorily complied with. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable CounOil .ction. A copy of the plat as it appears for filing at Dakota County is enclosed on page ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Weston Hills Addition and authorize the Mayor and City Clerk to execute all related documents. • • a7 . • i 1 1 1 . a ;2 R • ill! 1 t i;' 1 • ii g • :i i • - t , . . •J . i I Z Z C201 0010 4 C 1.•14 NO 21 ' : •i I:; • nI 2 i I PO I' 14 t • 1; ,. 1.-. : F.: 1 i .?4 : i - . - . i • ..*: 1 .'1; ,i,, __.......,_t . • f / :.• ...; s t :.;""''', [ .:'i • . IN; f- -v •1 -• .1. 11 I I,k 4, ‘C •. .1' ;Pe.?'..••,-, ,. .., , : t,,„ , r 1, I i r . . :, " ' • I,. ' !I i ' i •• . ' '• '4'0:- *."PI": ::: N'.' hi • • • I 11 1 , ; f e..:A., r •. ..-•,•: .#/ :.7; r•Thc"r7 .---:. ' ' : •2 a I t, t 1 . i' f:',...i...'....`: .7' .'• ) el "••.:" • / ;' . i. - I • •-., ': ill li i . .! -,,, .., ,' , 4 .4 'E . ' , 44:- .'h• ; 2 4 i I k 2! • •:•..•. .. .• ./ 1.,.;....: . : .„..' ,•1? 5... ,.: .,4*. .......: I il . •; .- . •,/ i.. i ,. ... . • s . 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' • ..-.. . 2 I I I :"2... ,.. N. f• I • :A;' i ' ,.'*- • • l'•••• , - N I e. , / ,' 1 4, *42, I • 1 II I? ... I - I 1 ,A 1 r• 0 , ,, . •i• • t_• ; ..,.. • k ' t.•1 t. 11 • a 4 , 1 . : . . ( h. I \.. 0= •21•O • A 0 0 0 Ar•r•s•••ao II '0* Z • ;.';(:: •4 2 ' 2 I:: • . i i • Cl) g . •• et •, •. M • d 2 Ill ...;1 li t Ii t 0 A) r t 4:1 1 II i 24 I , 212••■•••2. • • Cl) Ili Ili .4 . -... . ..- --....---• • ' -"" -. . -. • g Agenda Information Memo • July 21, 1992 City Council Meeting CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT H. Consideration of Request for Congressional Support of the Cable Television Consumer Protection and Competition Act of 1992—Enclosed on pages ] through a memorandum from the Cable Coordinator covering draft correspondence to Congressman Ramstad requesting support for H.R. 4850, a bill which would strengthen the ability of local franchising authorities to monitor and regulate the contractual obligations within their cable franchise. The key elements of the bill are outlined in the Cable Coordinator's memorandum. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a position and authorize correspondence supporting H.R. 4850, the Cable Television Consumer Protection and Competition Act of 1992 as presented. • • <4A M E M O R A N D U M TO: ASSISTANT TO THE CITY MANAGER HANSEN ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN FROM: CABLE COORDINATOR REARDON ` lam DATE: JULY 14, 1992 SUBJECT: REQUEST REPRESENTATIVE RAMSTAD'S SUPPORT OF H.R. 4850 BACKGROUND It is my understanding that on July 23 , there will be House floor action on H.R. 4850, the "Cable Television Consumer Protection and Competition Act of 1992". MACTA, mirroring the efforts of the NLC, the US Conference of Mayors, NACo, and NATOA, has recently sent letters to the Minnesota Delegation requesting that they support H.R. 4850. DISCUSSION This finally appears to be the year that there will be a revision to the 1984 Cable Act. Both the House and Senate have current legislation before them that is definitely pro-consumer. H.R. 4850 offers the best opportunity for our member cities to regain some control over the franchise. Some of the key or interesting components of the bill are: - Rate regulation - of all non-premium channel services - FCC given the authority to establish reasonable rates for other services Enactment of local customer service standards - Senior citizen discount on basic service - Local pay-per-view rate regulation Attached is a sample letter that I have prepared for mayoral signature. The letter requests that Representative Ramstad support H.R. 4850, as passed by the Energy and Commerce Committee. The letter also discusses key amendments which are expected to surface during House floor debate. RECOMMENDED ACTION It is staff's recommendation that the mayor, on behalf of each city, please sign the letter and mail to Representative Ramstad as soon as possible. If this requires council direction, please • include it on the council 's agenda for their second meetings in July. If it requires councils ' consideration, you may wish to fax . the letter following next week's council meetings, in order to ensure that his office receives the letter before the scheduled July 23 House action. I —city of aagan MUNICIPAL CENTER MAINTENANCE FACILITY THOMAS EGAN 3830 PILOT KNOB ROAD 3501 COACHMAN POINT Moyor 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 July 22, 1992 Council Members THOMAS HEDGES CIty Admininstrator THE HONORABLE JIM RAMSTAD EUGENE VAN OVERBEKE HOUSE OF REPRESENTATIVES City Clerk WASHINGTON, D.C. 20515 Dear Representative Ramstad: It is my understanding that on Thursday, July 23, there will be House floor action on H.R. 4850, the "Cable Television Consumer Protection and Competition Act of 1992. " The City of Eagan concurs with the NLC, NACo, US Conference of Mayors, NATOA and MACTA, that this bill, as passed by the Energy and Commerce Committee, will resolve many of our city's cable subscribers' complaints regarding rate increases and customer service. It should be noted, our city's cable consumers have experienced a 110% rate increase since deregulation, with basic going from $10.95 to $22 .95. III On behalf of Eagan's cable consumer households, I am asking you to support H.R. 4850, as passed by Committee, and to further strengthen its pro-consumer and pro-competition provisions when the bill comes to the floor. In particular, I encourage you to support an amendment expected to be offered that would grant local governments damages immunity in any lawsuit that challenges their authority to regulate cable television systems. Indeed, the Cities of Burnsville and Eagan, and their joint powers cable commission, were subjected to a lawsuit in 1991. The suit, by our cable operator Cable TV North Central, challenged our right to regulate a provision of the cities' cable franchise. It was dismissed from Federal Court, but still cost the cities approximately $37,000, and this does not include the $50,000 costs incurred by our insurance trust. Such an amendment would hopefully protect our City from such unnecessary judicial action. I also urge you to oppose any efforts to weaken H.R. 4850. In • particular, any amendment that would exempt cable systems from rate regulation if their rate increases do not exceed the increase in a formula based on the Consumer Price Index. Although this appears to be reasonable, it becomes unfair if it is matched by a decrease in programming or customer services or if it is preceded by years • of substantial rate increases in excess of the CPI. \ THE LONE OAK TREE . . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY ,/) Equal Opportunity/A rrma tive Action Employer • HONORABLE JIM RAMSTAD JULY 22, 1992 PAGE TWO I also am opposed to any amendment that would grant state public utility commissions responsibility for regulating cable rates. In Minnesota, there is currently no regulatory board with expertise in the area of cable service. The FCC, which states it would not be able to handle the rate regulatory burden without substantial additional funding, could reduce the burden by implementing rate regulatory standards that grant our state' municipalities reasonable discretion in determining what is a reasonable basic cable service rate. I know that in the past you have supported pro-consumer legislation. On behalf of the City of Eagan and its cable consumers, I thank you for your attention to this letter, and hope that we can count on your support when H.R. 4850 comes to the House floor. Sincerely, • Thomas A. Egan Mayor, City of Eagan TE/jeh Agenda Information Memo July 21, 1992, City Council Meeting • RECEIVE BIDS/AWARD CONTRACT (1992 SEALCOATING) I. Contract 92-07, Receive Bids/Award Contract (1992 Sealcoating)--At 10:30 a.m. on Friday, July 17, formal bids were received for the sealcoating maintenance of various City stree s, City park and fire station parking lots and community trailways. Enclosed on page �7 is a summary tabulation showing the relationship of the low bidder to the budgeted funs available. All bids will be reviewed for their accuracy and compliance with bid specification documents and any deviations will be addressed at the Council meeting on July 21. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 92-07 (1992 Sealcoating Program) and award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related contract documents. • • • 3 ,,___ 3 1992 SEALCOATING STREETS & TRAILWAYS • CONTRACT 92-07 BID DATE: 7-17-92 BID TIME: 10:30 A.M. CONTRACTOR TOTAL BASE BID STREETS PARKING LOT FIRE STATION TRAILWAY LOTS 1. ALLIED BLACKTOP CO. $217,736.22 $173,805.82 $38,530.00 $5,400.40 2. ASTECH CORPORATION $248,718.92 $214,702.72 $29,.555.00 $4,461.20 BUDGET $224,809.00 $183,459.00 $40,000.00 $1,350.00 % OVER (+) UNDER (-) BUDGET -3.14% -5.3% -3.7% +300% • • K Agenda Information Memo July 21, 1992, City Council Meeting RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING (POPPLER ADDN1 J. Project 636, Receive Feasibility Report/Order Public Hearing (Poppler Addition - Streets & Storm Sewer)--In response to a petition submitted by two property owners within the Poppler Addition, the Council authorized the preparation of a feasibility report to discuss the proposed installation of storm sewer facilities and upgrading Poppler Lane to current City standards. This feasibility report has now been completed and is being forwarded to the City Council (under separate cover) for their consideration of scheduling a public hearing to allow staff to formally present the proposed improvements to all affected property owners. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 636 (Poppler Addition - Streets & Storm Sewer) and schedule a public hearing to be held on August 18, 1992. RECEIVE BIDS/AWARD CONTRACT (JOHNNY CAKE RIDGE RD & CEDAR INDUSTRIAL PARK K. Contract 92-06, Receive Bids/Award Contract (Johnny Cake Ridge Road & Cedar • Industrial Park- Street Rehabilitation)--At 10:30 a.m. on Friday, July 17, formal bids were received for the improvements associated with the above-referenced projects. Enclosed on page (3 CD is a summary tabulation of the bids received with a comparison of the low bidder for each project to the estimated amount contained in the feasibility report presented at the public hearings held on May 20, 1992, for Project 623 and June 16, 1992, for Project 622, respectively. All bids will be reviewed for their accuracy and compliance with bid specification documents and any deviations will be addressed at the Council meeting on July 21. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 92-06 (Johnny Cake Ridge Road & Cedar Industrial Park - Street Rehabilitation) and award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. • • 2 JOHNNY CAKE RIDGE ROAD • PROJECT 623 CEDAR INDUSTRIAL PARK PROJECT 622 STREET REHABILITATION CONTRACT #92-06 EAGAN, MN. 1992 BID DATE: JULY 17, 1992 BID TIME: 10:30 A.M. CONTRACTORS PROJ. 623 PROJ.622 TOTAL BASE BID 1. McNamara Cont. $ 118,516.50 $ 141,585.00 $ 260,101.50 2. Valley Paving, Inc. $ 117,965.80 $ 151,013.70 $ 268,979.50 3. Northwest Asphalt $ 129,092.50 $ 145,402.50 $ 274,495.00 • . 4. Hardrives, Inc. $ 129,004.00 $ 152,685.00 $ 281,689.00 5. Bituminous Roadways $ 131,090.70 $ 169,793.30 $ 300,884.00 LOW BID $ 118,516.50 $ 141,585.00 $ 260,101.50 Feasibility Report Estimate $ 149,665.00 $ 185,863.00 $ 320,388.37 % Over (+) Under (-) -20.81% -23.82% - 18.81% Engineer's Estimate $ 128,391.00 $ 153,216.80 $ 281,607.80 % Over (+) Under (-) -07.69% -07.59% - 7.63% • Agenda Information Memo July 21, 1992, City Council Meeting • ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (S TODD RAPP) L. Contract 91-G, S. Todd Rapp Addition - Streets & Utilities, Acknowledge Completion/Authorize City Maintenance --Installation of public streets and utilities under the above-referenced subdivision was performed privately by the developer under the terms of the development agreement for the S. Todd Rapp Addition. This work has been completed, inspected by City authorized personnel, reviewed by City staff and found to be in accordance with City policies and authorized plans and specifications. It is now appropriate for the City Council to formally acknowledge this completion and authorize perpetual maintenance by City forces. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion and authorize perpetual maintenance for Project 91-G, S. Todd Rapp Addition - Streets & Utilities, subject to warranty provisions. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (FAIRWAY HILLS 1ST ADDITION) M. Contract 86-W, Fairway Hills 1st Addition - Streets & Utilities, Acknowledge • Completion/Authorize City Maintenance --Installation of public streets and utilities under the above-referenced subdivision was performed privately by the developer under the terms of the development agreement for the Fairway Hills 1st Addition. This work has been completed, inspected by City authorized personnel, reviewed by City staff and found to be in accordance with City policies and authorized plans and specifications. It is now appropriate for the City Council to formally acknowledge this completion and authorize perpetual maintenance by City forces. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion and authorize perpetual maintenance for Project 86-W, Fairway Hills 1st Addition - Streets & Utilities, subject to warranty provisions. • • Agenda Information Memo July 21, 1992, City Council Meeting CHANGE ORDER #1 (EAGANDALE CTR INDUSTRIAL PK NO 3 & NO 4) N. Contract 91-06, Change Order#1 (Eagandale Center Industrial Park No. 3 & 4, Street Overlay)--The proposed Change Order provides for installation of utility stubs and street stub for proposed Aldrin Drive. The work is being considered at this time because Mike Collins is being overlayed under Contract 91-06. Aldrin Drive construction is proposed under City Project #639. The Council authorized the preparation of the feasibility report for Aldrin Drive at the July 7, 1992, meeting. The cost of the Change Order work is planned to be included in Project #639 and allocated to the properties adjacent to proposed Aldrin Drive. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 91-06 (Eagandale Center Industrial Park No.3 &4 - Street Overlay) and authorize the Mayor and City Clerk to execute all related documents. • • 3s(? . Agenda Information Memo III July 21, 1992 City Council Meeting ADVERTISEMENT FOR BIDS/BLACKHAWK PARK PHASE I 0. Approve Plans and Specific tions/Authorize Advertisement for Bids, Blackhawk Park Phase I--Enclosed on page 0 is a memorandum from the Parks and Recreation Department relative to the abo referenced construction at Blackhawk Park. Conceptual plans have previously been approved by the City Council and detail plans and specifications have now been prepared on the basis of that approval. As a consequence, this matter is in order for bid advertisement and the department is requesting authorization in that regard. The timeliness of this matter is also essential since matching funds in its regard must be expended by year end through the LAWCON/LCMR program. ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans and specifications and authorize advertisement for bids for Blackhawk Park Phase I. • . ,7)(A 11 MEMORANDUM TO: KAREN FINNIGAN FROM: KEN VRAA DATE: JULY 15, 1992 RE: CITY COUNCIL MEETING OF 7/21/92 CONSENT AGENDA Approve plans and specifications - first phase construction of Blackhawk Park; authorize advertisement for bids. The City Council has previously approved the park plans for Blackhawk Park. Detail plans and specifications have been prepared for first phase development which are consistent with the previously approved Park Master Plan. First phase work will include site grading with the construction of the access road and lower parking lot. The pedestrian trail along the east side of Blackhawk Lake, utilities and pedestrian bridge are also included. The city has a matching grant from LAWCON/L.C.M.R. to finance a portion of the parks development of $140,000. The grant contract expires at the end of this year. KV:cm • Agenda Information Memo • July 21, 1992 City Council Meeting FINAL PLAT/E-Z STOP OF EAGAN P. Final Plat, E-Z Stop of Eagan—Staff has received an application for final plat approval for the E-Z Stop of Eagan. All conditions placed on the preliminary plat approval of February 4, 1992,have been satisfactorily complied with. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council a ion. A copy of the plat as it appears for filing at Dakota County is enclosed on page a . ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for E-Z Stop of Eagan and authorize the Mayor and City Clerk to execute all related documents. • • • al • . • I2 ' 21 111 I�ill' I . 111 I 1 ! I I it I; I !I i i I- ill 1 I li 111:l 11 it li I 1. 1 ,h1 ! I ) . i}e I i 1- .i I i .j li hLt (' it tIiI !iiiLi1ii ! t ' '1J I 10 li f �� ei] 1y 111111, 1 '7!l ; 'i iii 111 1 t ! ii ( 1 Iik I t!li i 1! 6 1 V 'Ili I!i Jt !1J! a; t I' r, 1 ( 1 jI j I. �' !a " ill t r I qI 1l ei1 t1 °t 1• l� '(�}�.I ill 111 ItI' J : !w 11 ' 1 I ii t' = l!• 1 1 1 Z 1 i 1 j1jjj ! fg . ii'! a i� lii t1 1°! 1 � 1 1f 3__ %t 1 1 ,^ & I t l ' V 1i " 11 11:i a bb it�' i a °`: { t 1 A e e !; e Q is:: t1 t, �t IN; 11 i li ii t Vi jai F _i ; i 1 LU LL C] O = a. < � d r Ti —.�i X ... } • <: f► J 1Al W I j � r .t „,,, • 1 t..,„,, l7r:. N N T.. 1I—.7 L —Ili 1 w wry«. W /'.4...• _• • •yIxn�!rwe.�•74 r+• I 1 `,. i I 1• i 4 .2g 2 A. 1 m L 1 ! _ II $$I I I . .i; , a £++ R• -/ I 1 M is 1 — —' ' 11 I • _asses- ( ° .. � =2 ! '" � io w.w.a... I ?j 1 i 1 . ; Iu ...... ,..«w...... w.. I..L ..!w... a ' I . . . (-I "`") Agenda Information Memo July 21, 1992, City Council Meeting irMILIP HEARINGS CEDAR GROVE 7TH ADDITION & LAKESIDE ESTATES (STREETLIGHTS) A. Project 634, Cedar Grove 7th Addition & Lakeside Estates (Streetlights)--On June 16, the City Council received a feasibility report for the above-referenced project and scheduled a public hearing to be held on July 21. Enclosed on pages q(( through S/ is a copy of the feasibility report for the Council's review and reference during this public hearing process. In addition to notices being published in the legal newspaper and sent to all affected property owners, a neighborhood inf9rmational meeting was held on Thursday, July 9. Enclosed on pages . through J is a summary report of that informational meeting. S Also enclosed on pages through 5 are letters staff received from a property owner and People's Natural Gas expressing their opinion pertaining to the proposed project. Representatives of staff will present the proposed improvements at the public hearing and be available to respond to any questions associated with this project. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify/deny Project 634 (Cedar Grove 7th Addition & Lakeside Estates - Streetlights) and, if approved, authorize their installation through the Dakota Electric Association. • �3 FEASIBILITY REPORT AND ESTIMATE OF COST FOR THE CEDAR GROVE NO. 7 AND LAKESIDE ESTATES 1ST ADDITIONS STREETLIGHTING PROJECT #634 EAGAN MN JUNE 1992 4L i� . • _city of ea cin • 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 June 2, 1992 TIM PAWLENTY • THEODORE WACHTER HONORABLE MAYOR & CITY COUNCIL Council Members CITY OF EAGAN .• THOMAS HEDGES 3830 PILOT KNOB ROAD City Admininstrotor EAGAN, MN. 55122 EUGENE VAN OVERBEKE City Clerk RE: City Project No. 634 Cedar Grove No. 7 and Lakeside Estates 1st Addition Dear Mayor and City Council: Enclosed is the feasibility report for Cedar Grove No. 7 and Lakeside Estates 1st Addition- Streetlighting which includes the preliminary cost estimates and preliminary assessment rolls for the project depending on the number of streetlights to be approved for installation. 0 Staff will be available to discuss and present the details of the project to the Council and other interested public at a time convenient to the Council. Si cerely yours, -. r 1? r . f ,`/s ! I. Mic ael P. Foertsch, P.E./L.S. Assistant City Engineer MPF/jf I hereby certify that the attached plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of a'State of Minnesota. i k' T' F'1 • '! 'TA - f' AA! -,..( L,-• • Assistant City Engineer 6jrDate: zt 4.(4.,, 4=^, Reg. No. 18139 . ilaillg. ill ..... Dire of Finance Date: THE LONE OAK TREE . . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affrm?flfe teflon Employer FEASIBILITY REPORT AND COST ESTIMATE CEDAR GROVE NO. 7 AND LAKESIDE ESTATES 1ST ADDITION PROJECT NO. 634 SCOPE: This project covers the installation of streetlights serving the residents in the Cedar Grove No. 7 in the S1 of Section 20, and Lakeside Estates in the S1 of Section 25, Eagan, Minnesota. FEASIBILITY AND RECOMMENDATIONS: This project is feasible and is in accordance with the City's policy on the installation of streetlights in residential areas. It can best be accomplished as outlined herein and not as a part of any other project. DISCUSSION: Residents in Cedar Grove No. 7 and Lakeside Estates 1st Addition have petitioned for the installation of streetlights. Cedar Grove No. 7 and Lakeside Estates contains 202 and 48 lots respectively for a total of 250 lots which would benefit from streetlighting. This area was developed before the City of Eagan adopted a comprehensive streetlighting policy. Since the enactment of this policy, all new subdivisions have been required to install streetlights and they pay for energy costs with their water and sewer bill. The above- ' mentioned policy also has a provision enabling older additions to petition for streetlights. Under this provision, the cost of streetlight installation is assessed against the benefitted lots and the energy charge is also to be paid quarterly by the residents along with their water and sewer bill. The energy needs for Cedar Grove No. 7 and Lakeside Estates 1st Addition are serviced by Dakota Electric Association, and they offer the type of streetlighting poles, lighting fixtures and the necessary maintenance service required by the City for residential streetlighting in accordance with the City of Eagan's streetlighting policy. • It is proposed to have 45-100 watt luminaire residental ornamental and two 250 watt luminaire conventional intersection streetlights. ORNAMENTAL STREETLIGHTS & CONVENTIONAL INTERSECTION LIGHTING WITH 6'MAST ARMS: These 45 streetlights would be the standard ornamental design with 100 watt high pressure sodium luminaire mounted on 18' standard poles. The two conventional intersection streetlights would be the standard design with 250 watt high pressure sodium"cobra"type fixtures mounted on 30'fiberglass poles with 6'aluminum mast arms. Both types of lighting are proposed to be installed by Dakota Electric Association. • 3 LLLt° • COST ESTIMATE: The following cost estimate includes the cost of underground conduit construction, administration, legal and other related project costs. 45-100 watt ornamental & 2-250 watt mast arm high pressure sodium @$919.15 each $ 43,200.00 5% Contingency Factor 2,160.00 15% Indirect Costs 6.480.00 • TOTAL $51,840.00 Cost Revenue Installation $ 51,840.00 Assessments $51,840.00 ASSESSMENTS: Assessments are proposed to be levied in accordance with current City policy. All costs of the project will be assessed. Estimated assessments are as follows: Estimated Assessment $207/lot • • Energy Charge to be billed with water & sewer 2.95/lot per quarter * Assessments would be spread over five years;at 8.0% interest. Assessment Area: S ;, Section 20 Cedar Grove No. 7 Lots 1-35, Block 1 • Lots 1-32, Block 2 Lots 1-3, Block 3 Lots 1-11, Block 4 Lots 1-38, Block 5 Lots 1-4, Block 6 Lots 1-14, Block 7 Lots 1-28, Block 8 Lots 1-24, Block 9 Lots 1-12, Block 10 Unplatted Property - Parcel 010-77 S ), Section 25 4 Unplatted Property • Parcel 010-00 Lakeside Estates Lots 1 and 2, Block 1 Lots 033 and 032, Block 1 Lots 4-18, Block 1 Lots 1-8, Block 2 Lots 101, 111, 131, 142, 151, 172, 181, Block 2 Lots 19-21, Block 2 Lots 232 and 241, Block 2 Lots 25-28, Block 2 Lots 301 and 311, Block 2 Lots 32 and 33, Block 2 PROJECT SCHEDULE: The following is the proposed schedule to be followed for this project assuming favorable action by the Council. PROJECT SCHEDULE Present Feasibility Report June 16, 1992 Public Hearing July 21, 1992 Approve Plans & Specs July 21, 1992 Construction Completed September 11, 1992 Final Assessment Hearing October 8, 1992 First Payment due with taxes May, 1993 Rate quoted is 1992 and subject to change on an annual basis. --�` • / • • 5 • f 'CI • ' '""IIIIIIIIIIIIIV"— Z ..... IIIIIIIIIIIIr lb Ilk• RI 43 ii.i 5. . „ L j_____ ______ i,« via 1 ; • ...-- •-...z. 1_ C.)zt____ .. •,:t_ .tti• • I— — — _ ;,,,,.... ... —.,,.. _ ..._..... .... • °"' -7c.... .". .. -!"— •-■-....t.ili . ........:,..,:............... ...,,,,. . . . .:;:i:•,..:::.,....:. • ;.. ........7.....r.,. ., •-.. . ••••••••....:-.....•••:••••:•• ..:::::.:::::: ::::::::- .....:.:..i........ ................. 14...........:,.......... ....„....:.:*:..y...., ,..;:lii - t::•:• ::••':*:••'••• '•':':: ' ..*::::•-•:....'• :••••••••••.'.. z:::::::::':::':':::::::::::::::::::: ::-.. 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Sty of eagan approved: standard RESIDENTIAL POST TOP plate #: .E. PUBLIC ' WORKS WMINAIRE INSTALLATION • 2-89 TOO I ." DE PARTME . 5 / • 1P4- IILW-fRTER Tpp �UITIIIO fOlECA1 FEI#SPIETI O1r 't OeRA IEADIDESION iti IMIRiAIICE: VOILE • tS'-tf w.POLE en'.id 0 NOTE:FOR FIXTURE MOUNTING AND MIRING SEE MANUFACTURERS R STRUtTIONS. 1 -O IS"S memo !ROAD SURFACE . • 1 • 96'PCLETS'IPM 0 * ►ex E4AnM. MATERIALS LIST • ITEM REQ'D DESCRIPTION 1 I •'MAST ARM , 1 I LUMINAIRE (WNW/seam ad NMl 3 I ELECTRIC CELL _ I VIER MASS POLE DIANIII!S'a OI') 0 1 '%easACINIE soLTp x REQUIliEO LENGTH I1-1 MIRE, AS REQUIRED CONNECTORS,AS REQUIRED 1 IOAMI!MS FUSE AND TRON ILE.11. HOLDER City of •8Qfl11 • approved: standard • -_,1. PUBLIC 1�►JOR INTERSECTION plate r r WORKS STiiEET L161TING I - 90 T25 5-1 A ' • t MEMO TO: FILE, PROJECT 634 • FROM: EDWARD J. KIRSCHT, SR. ENGINEERING TECHNICIAN DATE: JULY 13, 1992 SUBJECT: CITY PROJECT NO. 634 CEDAR GROVE NO. 7 AND LAKESIDE ESTATES STREETLIGHTING INFORMATIONAL NEIGHBORHOOD MEETING An Informational Neighborhood Meeting was held for the above- referenced project on Thursday, July 9, 1992 at the Eagan Municipal Center from 6: 30 to 8:10 p.m. Seventeen residential property owners, as well as two representatives from City Staff were in attendance. Fifteen residential property owners were from Cedar Grove No. 7 and two residential property owners were from Lakeside Estates. The attendees were as listed below: Dave and Jan Wallace 4036 Limonite Lane Jeff Swanson 4076 Halite Lane Larry and Pat Pearson 1842 Carnelian Lane Bob Heddle 4462 Dodd Road Shawn Hunter 4054 Pumice Lane Steve Lagerquist 4060 Halite Lane Larry Flaa 4067 Halite Lane Gordon Marks 1791 Carnelian Lane . Rose & Fred Dukatz 1815 E. Bluestone Dr. Jeff Childs 628 Erie Court William & Kaye 4049 Blackhawk Rd. Olson Sandy & Rick Bertz 550 Atlantic Hills Dr. Richard Lickteig 4012 Limonite Lane Steven Seering 4073 Halite Lane Leonard Gust 1839 Taconite Trail Kathy Gust Sharon Sellig 1774 E. Bluestone Dr. Maureen Janke 1790 Taconite Trail The City staff opened the informational meeting at approximately 6:30 p.m. and it was explained to them that the City has a mechanism for the City Council, upon a_ petition of at least 50% of . the property owners in any subdivision, shall determine the streets or other public and private areas in which the City shall install and operate streetlighting systems. The cost for this proposed project is estimated at $207.00 per single family lot and the 1992 energy cost is $2.95 per quarter. City staff received a number of questions as listed below: 1. The residents asked and were provided an explanation of the steps necessary for paying off the total assessment amount in full after the final assessment hearing. 111 • • Page Two July 13, 1992 2. The residents asked and were provided an explanation of the type of luminaire that would be used. It would be either a round or square coach light and I indicated that Dakota Electric has been installing the round coach light recently in all new subdivisions. Dakota Electric indicates that the round coach streetlight is of a better quality. 3. The residents asked and were provided an explanation concerning the cost of maintaining the streetlight system. Dakota Electric maintains the system and the residents pay a quarterly charge of $2.95 (1992 rate) and that pays for energy and maintenance costs. 4. The residents asked and were provided an explanation concerning trenching/restoration and crossing of driveways. Dakota Electric uses a plow type trenching machine and when crossing driveways Dakota Electric bores under the driveways with pits on both sides. Dakota Electric will reseed and/or resod disturbed areas, whichever is appropriate. 5. The residents asked if the projects could be split and why were both areas covered under one feasibility report. The reason for having one feasibility report is to save the cost of preparing two feasibility reports and it would be a City Council decision if the project would be split into two projects. 6. The residents asked what the City felt was the benefit of streetlighting in these residential areas and we indicated that streetlighting is for the safety, health and welfare of the residents. David Wallace of 4036 Limonite Lane said that his area of Taconite Trail, Pumice Lane and Limonite Lane has started a neighborhood watch program because of vandalism. David Wallace also mentioned that people visiting the area have complained about difficulty finding his home without streetlights. • 7. The residents asked the City to check with the Police Department to research the amount of crime and vandalism in areas without streetlights compared to areas with streetlights • and we indicated we would check with the Police Department. • �3 Page Three • July 13, 1992 I talked to Ken Aszmann of the Police Department and he indicated that the City of Eagan has not compiled any evidence or information as whether areas with streetlights have any more or less vandalism compared to areas without streetlights, but he made the comment that it is in his opinion that areas with streetlighting have less vandalism and/or crime. The meeting was adjourned at approximately 8:10 p.m. A petition against streetlights for Cedar Grove No. 7 was circulated and 10 property owners signed this petition (a copy of which is attached) . This compares with 110 signatures received by the City prior to this meeting in favor of streetlighting.* 6.,1)-264 Edward J. irscht Sr. Engineering Technician cc: Michael P. Foertsch EJK/jf * On July 17, 1992, a petition was submitted with 10 additional signatures in favor of streetlighting. • 779 79.2 1/4, 74,Ie vive‘vs-;,/foodij /'ve 4 &roe . 7 Qfrw/ are 57C-4e71/:,' rol PcIL , bize . 7/74,4e2,1 74-11e Ko70-#7.434e,ore/ e4v/i",r9. , # 4o5-4 f mic-E LAI 10/2,24 _ 1 0 4-2.. ChM E1,11141 VCd 0 164Z CA/LA/EL/AA/ 44.c 1Z -/c 44,41 ezotitioaig 6eI c 4D4? L 404 4- cAg NE LI A Al L ft 71 o TA Col ,411, ovor / IC 81.4)(51'64C OR, U 544W-5c-52fj 7 4076 14L1T4 4A1 _ • 10. 4 60 HALITE LAi 9 4to 61 1.i ALIrr (-14 fi 14403 HAL- 11.6 LW • fEl@MOV • JUL 1 July 13, 1992 Eagan City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Council Members: We would like to express our objection to the Cedar Grove 7 streetlighting project which is coming before the City Council on July 21, 1992 (Project # 634) . We were advised at the informational meeting on July 9, 1992 that we were to supply in writing to you our approval/disapproval of this project and we vote "NO" . Thank you for your consideration. R ds, Pat & Larry Pearson 1842 Carnelian Lane Lot 5, Block 4, C.G. 7 Eagan, 55122 411 a. P RECEIVED JUL 1 7 1992_ PEOPLES NATURAL GAS 2665 145th St.West 612 423 5900 PO.Box 455 Rosemount,MN 55068-0455 July 17, 1992 • Eagan City Council 3830 Pilot Knob Road • Eagan, MN 55122 Dear Council Members: It is our understanding that the topic of installing street lights in the original Cedar Grove portion of Eagan is currently being evaluated. The installation of street lights in the area would assist our employees in locating customer premises for after-dark calls related to service and operation requests. Peoples Natural Gas, therefore, is supportive of efforts to install such street lighting. Sincerely, • Olavt 4,414, Alan Brooker Manager, Customer Service • • Agenda Information Memo July 21, 1992 City Council Meeting ON-SALE BEER LICENSE/PICCOLO'S RESTAURANT '! A. License,On-Sale Beer,Piccolo's/Wallace J.Boudreau,4162 Pilot Knob Road—This item was previously before the City Council at the July 7, 1992 meeting, and was continued at that time. Enclosed without page number is a memorandum from the Police Department regarding further investigation in this regard. As was noted in the previous Council packet, the Police Department continues to identify concerns preventing them from recommending approval of this license. Application materials in this regard were previously distributed to the City Council with the July 7 packet. If additional information is required by the Council members at this time, please contact City staff prior to Tuesday evening's meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the on-sale beer license for Piccolo's/Wallace J. Boudreau, 4162 Pilot Knob Road as presented. S • • Agenda Information Memo 0 July 21, 1992 City Council Meeting WEN APSINE. SS, CONDITIONAL USE PERMIT/JAMES BOMBARDO INDOOR AMUSEMENT DEVICES/MARI ACRES 2ND ADDITION A. Conditional Use Permit,James Bombardo, to Allow Indoor Recreation and More than Three Amusement Devices,Including Outdoor Miniature Golf and Go Cart Track,in a CSC (Community Shopping Center) District on Lot 1,Block 3,Mari Acres 2nd Addition,Located Along the West Side of Nicols Road in the SW 1/4 of Section 30—At its meeting of June 23, 1992, the Advisory Planning Commission considered an application for a conditional use permit for James Bombardo as outlined above. For additional information with respect to this application,please refer to the Community Development Department staff report which is enclosed on pages Gcs through (o/ for your review. Please note that a go cart track is not listed in the City Code as a permitted or conditional use. If the City Council determines, however, that the use is substantially similar to permitted uses within commercial zones, the remaining question pertains to the indoor amusement devices. Also enclosed on pages (A through i ( are the Advisory Planning Commission minutes • with respect to this item, • - APC is recommendin l a. I royal. For additional information in this regard, please re r to e supp ement• s a" laa-mo .i dum w 'ch is enclosed on pages ,through '7 Also enclosed on pages through , are letters received from neighborhood residents and telephone calls were received fro Solmonson,2116 Cliffview Drive and Anthony Swanson, 2118 Cliff Hill Lane, regarding their objections to the project. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for James Bombardo to allow indoor recreation and more than three amusement devices including outdoor miniature golf and a go cart track in a CSC(Community Shopping Center) district on Lot 1, Block 3, Mari Acres 2nd Addition. ` 11G a ( 5 *- li,-o _ . GL. ---) - \ 57 • SUBJECT: CONDITIONAL USE PERMIT APPLICANT: JAMES BOMBARDO LOCATION: SW QUARTER SECTION 30 EXISTING ZONING: COMMUNITY SHOPPING CENTER (CSC) DATE OF PUBLIC HEARING: JUNE 23, 1992 DATE OF REPORT: JUNE 15, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow an indoor recreation use of more than three amusement devices on Lot 1, Block 3, Mari Acres 2nd Addition. In addition to the indoor activities, the applicant is proposing outdoor miniature golf and a go cart track. BACKGROUND: Mari Acres 2nd Addition was platted in April 1981. Lots 1, 2, and 3, Block 1,have developed as a Holiday Station Store,Kentucky Fried Chicken, and a medical • office building, respectively. Lots 1-3, Block 2, and Lots 1 and 2, Block 3, have yet to develop, although all streets and utilities have been in place for many years. COMMENTS: The purpose of the business is to furnish quality indoor and outdoor recreational activities for the entire family. Mr.Bombardo intends to have an operation that will provide a neat, clean family atmosphere image that will initially include outdoor miniature golf, carting, and video games. The City code does not list outdoor recreation as an allowed use in any commercial zoning district. Indoor recreation and more than three amusement devices require a Conditional Use Permit in the Community Shopping Center district. The applicant anticipates future building expansion to accommodate indoor miniature golf, batting cages, and a golf driving - range. The site design places the go cart track on the west property line which is adjacent to Trunk Highway#77 (Cedar Avenue); the miniature golf area and the 5,000 sq.ft.building separate the tract from the 111 stall parking area. The City Code does not provide a parking ratio calculation for this type of use; however the on-site parking appears adequate and there is expansion area available, if necessary. The 18-hole miniature golf course and the 1,400 foot asphalt cart track will be entirely enclosed with a chain link fence. • • • • The applicant intends to save many of the trees and move them on site. The site should not be visible from Cedar Avenue. PARKS & RECREATION: Parks and recreation staff will recommend a cash parks dedication to the Advisory Parks,Recreation,and Natural Resources Commission at its June Z 1992 meeting. Because the parcel was platted prior to January 1, 1983, the dedication rate is $.025 per square foot of land. The 15.15 acre lot has 659,934 sq. ft., however approximately 144,000 sq. ft. is unbuildable because it falls within the 200 foot wide NSP easement at the north end of the site. • • � l GRADING/DRAINAGE/EROSION CONTROL: A detailed grading, drainage and erosion control plan shall be submitted with the building permit application. The preliminary site • I plan submitted with the Conditional Use Permit application shows that a minimal amount of grading will be needed to prepare the site. Cuts and fill for grading will range from 2 to 4 feet. The drainage from the site is shown to slope to a private storm sewer system that the developer proposes to connect to an existing 12"line that crosses Erin Drive and discharges into Pond AP-9. Pond AP-9 is a DNR protected wetland that is included in the City's Comprehensive Stormwater Management Plan. The existing 12" storm sewer line on Erin Drive will be overburdened if this proposed development connects to the line directly. Therefore, this development will be required to construct a separate storm sewer line to serve this site that will drain to Pond AP-9 or provide a pond on this site to reduce the runoff to a rate of 1 cfs. The outlet for the pond could drain into the existing 12" storm sewer on Erin Drive if the flow out of the pond was limited to 1 cfs. UTILITIES: Adequate sanitary sewer and water main service is readily available to this area. 8" sanitary sewer and 8"water main service stubs have been provided to this site from Erin Drive. The preliminary site plan shows connecting to the existing stubs and extending them to the proposed building. A new manhole will be required at the property line where the sanitary sewer service connects to the existing stub. The existing hydrants along Erin Drive will provide adequate fire protection to this site. • STREETS/ACCESS/CIRCULATION: Street access to this site will be provided from Erin Drive, a 48' wide street that loops through the Mari Acres Development from Nicols Road. The preliminary site plan shows two driveway accesses connecting to Erin Drive. The driveways will be located on a fairly flat stretch of Erin Drive that will provide good visibility in both directions. The development will be required to construct their parking lot with concrete curb and gutter and bituminous surfacing. The two driveway openings onto Erin Drive shall be constructed with concrete aprons and concrete valley gutters as per Eagan Detail Plate #445. RIGHT-OF-WAY/EASEMENTS/PERMITS: The developer will be responsible for obtaining all the necessary permits from the affected agencies such as MPCA, MWCC, MnDOT, Mn. DNR, etc. prior to building permit issuance. FINANCIAL OBLIGATION • 30-CU-11•3•92 Lot 1, Block 3, Mari Acres 2nd Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. • Improvement Use Rate Quantity Amount None �Q C9a- If approved, this Conditional Use Permit shall be subject to the following: • 1. The Conditional Use Permit shall be recorded with the Dakota County Recorder within sixty days of Council approval and documentation of recording shall be provided to the City. 2. The applicant agrees to a future parking area expansion, if necessary. 3. All signage shall meet Code requirements and the one-time sign fee of$2.50/sq. ft. 4. Rooftop mechanical equipment shall not be visible from the street. 5. All trash/recycling areas shall be indoors or in an enclosure attached to the building constructed of the same material. 6. All applicable City Codes. 7. A detailed grading, drainage and erosion control plan shall be submitted with the building permit application. 8. This development will be required to construct a separate storm sewer line to serve this site that will drain to Pond AP-9 or provide a pond on this site to reduce • the runoff to a rate of 1 cfs.• 9. A manhole will be required at the property line where the sanitary sewer service connects to the existing 8" stub. 10. The development will be required to construct their parking lot with concrete curb and gutter and bituminous surfacing. 11. 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I.\; \- -a , ) : 0 hp .....„...7...?......„.0;‘ -3'4'..-- 2-5.•!/: ,•-.; /.• -• .•, ... ......- •• /7/.4f 926.0 . 1- -..:- • ':. :-.;... 234.0 ---, .. - • FIGURE No. 17 • •. STORM SEWER LAYOUT MA ! . . . . • CITY OF • • EAGAN • . C I, o--1 ) Page 14/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 23, 1992 JAMES BOMBARDO CONDITIONAL USE PERMIT Chairman Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow indoor recreation and more than three amusement devices in a CSC (Community Shopping Center) district on Lot 1, Block 3, Mari Acres 2nd Addition located along the west side of Nicols Road in the SW 1/4 of Section 30. City Planner Sturm stated that City Code does not list outdoor recreation as an allowed use in any commercial zoning district. He also stated that the City has received several telephone calls regarding this application and the possible noise it will create. Mr. Sturm recommended that the Commission list their reasons for either approving or denying this application. James Bombardo, the applicant, stated that his intention is to build a family-orientated facility that will minimize the impact on the residential homes in the area. Mr. Bombardo anticipated that • noise would be an issue. He stated that on the average 10 to 12 go-carts would be on the track at any one time. This will create noise of approximately 35 decibels, which is equivalent to playing quiet music at home. The traffic on Cedar Avenue is approximately 80 decibels. He also stated that the go-carts are fully muffled. Robert Mattson, 2132 Cliffview Drive, stated that he can already hear the traffic travelling on Cedar Avenue. Mr. Mattson was concerned about the future of the pond and wildlife on that site. Kris Nyland, a resident of Cliffhill Lane, mentioned her concern regarding the noise. Every go-cart track she has been to has been very noisy. She stated that this was a young neighborhood and asked what the hours of operation would be. Debra Frazier, a resident of Cliffview Drive, related the same, concerns and felt that this application was ridiculous and a "joke." She felt her property values will go down. John Long, a resident of Cliffview Drive, moved from South St. Paul and the last thing he wanted was a go-cart track in the area. He was also concerned with the potential "rif-raf" and believed that his property values will decrease if this application is approved. Greg Greeson, a resident of Cliffhill Lane, was concerned with the increased traffic and the safety of children in the area. Tony Swanson, a resident of Cliffhill Lane, mentioned the noise S issue. He stated that this was a quiet neighborhood and are fighting noise from airplanes and Cedar Avenue. He questioned what age group this activity attracts. �S/ Page 15/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 23, 1992 A resident of 4477 Scott Trail also mentioned the noise issue and traffic issue. He wanted more information regarding this application. A resident of 4471 Scott Trail stated that he would rather hear soft music than go-cart noise. He did not feel this application was compatible with the existing area. Ms. Nyland stated that there is already go-carts available in the Cedarvale shopping area. Ms. Frazier commented on the issue of increased traffic. She felt that this area was being "dumped on" because the homes are not valued at over $200, 000. This is not the type of business she expected that would be built on that site. Mr. Bombardo appreciated the residents' concerns. He stated that hours of operation would be 11:00 a.m. to 10:00 p.m. The average age of the individuals using this facility would be approximately 25 years old. Typically families frequent this type of business. He tated that "rif-raf" will not be allowed. He mentioned that this roposal will increase the traffic on Nicols Road by approximately 100 trips per day. If a shopping center, i.e. Walgreens, would be built there it would increase the traffic by 1, 000 trips per day. Member Graves asked if this application is similar to the go-cart track in Burnsville. Mr. Bombardo stated that this application is much more upscale and he will have no concession rides. Chairman Voracek asked why he does not build this application in the Cedarvale area. Mr. Bombardo replied that during the summer months it is nice to be outside. The outdoor setting completes the feeling. Also, he felt that by building the go-cart track by Cedar Avenue, that Cedar Avenue would absorb some of the noise. Member Graves stated that he was in favor of this application because of the following: 1. Go-cart tracks are a successful business. 2. The noise is not as great as the fear of the noise and felt that the noise from Cedar Avenue will be greater than the noise from the go-carts. 3. No new homes are proposed in the area. 4. Closest home is 750 feet away. Member Hunter mentioned that he is not worried about precedent if Whey approve this application because every application is unique. If this application is approved it does not mean every go-cart application will be approved. (12 Page 16/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 23 , 1992 Member Gorman commented that this type of business may not be an appropriate use for a Community Shopping Center district - at least a dozen residents say it is not. He felt there may be a better place for this type of business. Member Hoeft reviewed the seven criteria for approving a .conditional use permit and felt that this application met each one and therefore the Commission had no basis to deny the application. He stated that this application as proposed: 1. Is not detrimental to or would endanger the general welfare of the community; 2. Is harmonious with the City's ordinances and Comprehensive Guide Plan; 3. Is compatible with the existing area; 4. Will be served adequately by essential public facilities and services; 5. Does not involve activities that will be hazardous to any persons because of excessive traffic, noise, smoke, fumes, glare or odors; 6. Will have vehicular ingress and egress to the property which will not create traffic congestion; and, 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature. Member Hunter agreed with Member Hoeft and requested that a condition be added that prohibits this operation to be open past 10:00 p.m. Member Graves suggested to the applicant that a wooden fence be erected along the east side of the site to minimize the noise to the residents. Graves moved, Hoeft seconded, the motion to approve a Conditional Use Permit to allow indoor recreation and more than three amusement devices in a CSC (Community Shopping Center) district on Lot 1, Block 3, Mari Acres 2nd Addition located along the west side of Nicols Road in the SW 1/4 of Section 30, subject to the following conditions: 1. The Conditional Use Permit shall be recorded with the Dakota County Recorder within 60 days of Council approval and documentation of recording shall be provided to the City. 2. The applicant agrees to a future parking area expansion, if necessary. 3. All signage shall meet Code requirements and the one-time sign fee of $2.50/sq. ft. Page 17/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 23, 1992 4. Rooftop mechanical equipment shall not be visible from the street. 5. All trash/recycling areas shall be indoors or in an enclosure attached to the building constructed of the same material. 6. All applicable City Codes. 7. A detailed grading, drainage and erosion control plan shall be submitted with the building permit application. 8. This development will be required to construct a separate storm sewer line to serve this site that will drain to Pond AP-9 or provide a pond on this site to reduce the runoff to a rate of 1 cfs. 9. A manhole will be required at the property line where the. sanitary sewer service connects to the existing 8" stub. • 10. The development will be required to construct their parking lot with concrete curb and gutter and bituminous surfacing. 11. The two driveway openings onto Erin Drive shall be constructed with concrete aprons and concrete valley gutters as per Eagan Detail Plat #445. 12. This operation must be closed by 10:00 p.m. All voted in favor, except Gorman and Voracek who opposed. Approved 3-2 . • MEMORANDUM . TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: JULY 13, 1992 RE: BOMBARDO CONDITIONAL USE PERMIT At the June 23 Advisory Planning Commission meeting,the Conditional Use Permit to allow indoor recreation and more than three amusement devices in a Community Shopping Center district was approved 3/2 located along the north side of Erin Drive, adjacent to Cedar Avenue. The major issue with this proposal is the proposed outdoor motorized go cart track. The City Code does not list outdoor recreation as a permitted or Conditional Use Permit item in any commercial zoning district. It became apparent just before the Commission meeting that residents in the area had questions and concerns regarding the proposal. There was a rather lengthy question and comment period and the Commission also discussed the proposal at length. Major concerns of the residents are: • Increased traffic. • • Potential noise of the go carts. • Potential of teenagers congregating in the area. The applicant had the following responses: 1. The land is already zoned commercial and any development would generate more traffic in the area. 2. The nearest home is at least 750' from the go cart area. 3. His intention is to create a family-oriented facility and loitering would not be permitted. A neighborhood meeting was held on Monday, July 6, at the library. Eight residents and Council Member Awada were in attendance. After an hour of questions and answers, everyone met at the site. Mr. Bombardo had a go cart there so the residents could hear and drive it if they wanted. He will have a go cart at city hall before the beginning of next Tuesday's City Council meeting. The Advisory Planning Commission added Condition #12 as follows: 12. This operation must be closed by 10:00 p.m. • • Attached is an exhibit showing the location of the proposal in relation to the Cedar Grove and Cedar Cliff Additions. If you would like additional information, please feel free to contact me. City Tanner JS/js attach. • • • 4 tei,•g 1 _.. HIGHWY 7 ...._ - _...- (CEDAR AVE) f M.4! • . •••••••.'.......... f..........•... . .0.1.„,,N.... .....411 '...•.........'...°.°.......... .......................::::::::•... , ...°.•. . ! / \ •••••• .....*•...°•.6.°•.'...../.••.°...°.*........... I , _...••-'' 1 . - .. .................... .. .. .•.•............ .........•t ............ ....•...*:•••••••••••/..............•.....:.:.:.:.: 14 I •'' -111740*' ' I •• (.7 •6.°...........'.................. -•••"•••••••••••••••••••••••••• .••••••.•.'...•.....•.•.*............... .....•.*..•............................ Gtt 1 ..' ••••••••••••••••••••••••••••••••••■••••••••••••••/...:. i - It' 1 'Itlia•*1 . . • I . 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R ib'9. *INN NIONNINI• -. ,.. I 1 - . I • I i f %.10 . • .• . . •.... tw,4_ CIA • _dalivai s - --1- . 0 o f. ma tql F.: .... .---• I __ __ .. 1111110 : "4 :1 .. ? . e■..____ , 2 _____ _ roll 1 , t? ea . ','. 2IZ • ,-, 5 ft c''. • I I ..., 27..." -, 27•7(77 • t (... W 1 I . g _ fl_ - --- , '' .. I I . ; / - . )L) • ' CS r,!.! c. Brett & Jill Solmonson --- � 6-24-92 2116 Cliffview Drive _ Eagan, Mn 55122 • • Mr. Mayor, City Council Members, and Planning Commission Eagan City Hall 3830 Pilot Knob Road Eagan, Mn 55122 RE: Proposed / planned go-cart race track for Erin Drive. Mr. Mayor, City Council Members , and Planning Commission. We are AGAINST the proposed go-cart race track proposed / planned for Erin Drive. A business of this type would not be a welcome addition to our neighborhood. Our reasons are: A) Large volumes of noise pollution generated by 10 to 30 gasoline engine powered race cars, ( just imagine what 30 lawn mowers would sound like in one small confined area 750 feet from a neighborhood) . B) Storage of Flammable liquids , (gasoline and oil ) . C) Safety , (who is responsible) . D) Damage / pollution to the pond and wildlife, (we are proud of our nesting ducks / geese) . E) Parking limitations . Already we have parking problems on Nichols Road due to overflow of Rahn Park parking congestion. More parking problems would be inevitable. Police records already show accidents which have occurred here. If No Parking Signs were on Nichols Road the clientele would park in our neighborhood. F) An increase of traffic flow through our neighborhood. G) An increase in crime / vandalism in our neighborhood due to the influx of visitors / clientele. • H) Property values, (we don't feel this will improve them) . Why can't a business such as this be placed in an area where there is already: A) No neighborhood adjacent to it ? B) Businesses and acceptable areas with suitable space ? EXAMPLE: Cedarvale Mall vicinity, Eagan Town Center 411 - area. PCA Testing area, Etc. . . r—i • Why can' t the gentleman who is proposing this race track put it in his own city of residence PP A le Valley) ? � A) His city won't allow it ? B) He knows his city won't allow it and isn't even going to try ? C) Because of reasons in items A - H above ? D) He wants to bring down the quality of life ih Eagan ? Mr . Mayor, City Council Members, and Planning Commission Members , we request you accede with us and vote AGAINST the go-cart track proposed / planned for Erin Drive. Respectfully , • /401 Brett A. Solmonson ill A. Solmonson 2116 Cliffview Drive Eagan, Mn 55122 452-8577 • (c) 2132 C:liffview Drive Eagan, MN 65122 June 26, 199 • City of Eagan • 830 Pilot Knob Road Eagan, MN 55121 Dear Mayor and Council Members : Regarding the Go-Kart track proposed for Erin Drive, I don' t feel Mr . E:c,mbardo provided enough information for the Planning Commission to vote the way they did . Not enough questions were asked . They didn' t even know whether the information he did provide was accurate . According_ to the data provided, noise from these Go-Karts is suppose to be at a level of 30-35 decibels at 750 feet. . Is this the measurement done with the Go-Kart idling or at full throttle? Is this decibel reading for one Gco-Kart or fifteen? Shouldn ' t we also consider the sound of squealing tires and screeching - kes , since Mr . E:ornbardo did state, that these were high speed -K:ar t.s . . Exactly how fast will they go? Is there a concern for accidents to occur, and are they really intended for children to i drive for family fun? . How well will they be maintained for noise and pollution control in a few years when they get older and need these . repairs? Where will maintenance be done and discarded parts and pieces end up? Will cars passing through our city on Cedar Avenue consider this an eyesore? What other types of business will want to occupy the remaining vacant land in that area? Maybe Mr . Bombard° will buy it all for himself and expand! How knowledgeable is he in this area anyway? This location is not the place for such a. business . It belongs in an area where people who don ' t want to, won' t be forced to see it or listen to it . I don' t think this is the image we want travelers going through our beautiful city to remember ! Sincerely, _&& 4 Theresa Matson 71 . .. 21 C:l i f fview Drive Eagan, MN 55122 June 29, 1992 • City of Eagan 3830 Pilot Knob Road Eagan, MN 5511 Dear Mayor and Council Members: I am quite concerned about the recent proposal to locate a Go-Kart track on Erin Drive cuff Nicols Road . Why have we spent so much time and money developing such a wonderful park system in this city, only to allow such an inappropriate business to be located within 700 feet of one . A Go-Kart track at that location will ruin the serenity of Rahn Park , not to mention adding to the traffic and parking problems we already are having on Nicols Read . How many children will be at risk crossing such a busy street with no 110 crosswalks? The residents of our neighborhood who bought or built hordes adjacent to Rahn Park have a reasonable right to expect that it will remain quiet and peaceful . What will happen to all the trees and wildlife can and around the proposed site itself? Gas and oil run-off wi 11 not mix well with pond water or nesting ducks and geese ! Would any of you approve this proposal if it were to be located 750 feet from your back door? My guess is no . Sincerely, Robert Matson • • • • • 2136 C:liffview Drive • Eagan, MN 55122 June 29, 1992 City of Eagan 3830 Pilot. Knob Road Eagan, MN 56121 • Dear Mayor and Council Members : I am asking you all to vote "no" for the proposed Go-Kart track to be located on Erin Drive . Mr . Bombardo will make a profit no matter where his track is located; however , if built on the proposed site it will have a negative impact on our quality of life forever ! We will be forced to listen to a constant and very annoying noise not common to a. residential area . Compare it to a mosquito buzzing in our ear 7 days a week , 10-12 hours a day ! Who could be expected to handle such an annoyance and not go insane? lii'ere_ are many locations more suitable for this type of business that in' t have such c. negative impact on people 's every day lives . The bottom line is that Commercial Shopping Center means indoor shopping, and family activities, not outdoor entertainment . The other shopping centers in Eagan zoned as such, aren' t even allowed • to locate pop machines or shopping carts outside their buildings ! Mr . Bcombard° is requesting to locate more than half of his entire business outside ! What makes this business so exceptional that we can deviate from the zoning laws? Thank you, Steve Frazier . 1 .9 • 2135 Cliffview Drive Eagan, MN 55122 June 29, 1992 City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Mayor and Council Members : As a resident of Cedar Cliff Addition, I am very concerned about the proposed location of the Go-Kart track . Cedar Cliff Addition has been categorized as a substandard development in the past., partially due to the high concentration of business surrounding us . We are struggling to overcome- this reputation and prove that this is a nice place to live . We are happy here ! Most of the time its quiet., very peaceful and family oriented . I believe that. this Go-Kart track will put us over the edge. It will help est.abl ish the fact that our neighborhood is indeed one of , if not the most undesirable places in Eagan in which to live . Essentially the "Slums of Eagan ! " ' 410 Our homes may not be worth $200,000,0C), but• they are where we live and where we raise our children . We enjoy our beautiful park and our backyards as much as all of you enjoy yours ! We have a lot of money invested in our homes . It will all go up in a puff of smoke if this business is allowed to locate here ! Even if we decided to move, who would actually consider buying a home that is less than 750 feet from at Go-Kart track . Some of us could literally be forced into foreclosure ! Please consider our best interest in this matter and vote "no" . • • Sincerely, 6:2Cya./41-05sa r Debora Frazier • • 10i (g. CELi\Li ! _ JUN 2 6 r.:22 • June 24, 1992 Ms. Karen Finnegan City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 - Dear Ms. Finnegan: Marilyn in the Eagan City Planning Commission Office gave me your name. She said you would make sure the enclosed letter is given to the Mayor and council members before the voting on this issue, July 7th, 1992. Thank you for your time in this matter. Please call me should you have any questions. wq.s.1 0,-\ ,c),h% J nnifer L. Dahm 6 7-0473 home 785-1314 wk. • • 11 c8 ( Q ' ' • June 24, 1992 J. Dahm 2096 Cliffview Drive Eagan, MN 55122 City of Eagan Mayor Tom Egan and City Council Members 3830 Pilot Knob Road Eagan, MN 55122 Ladies and Gentlemen: I would like to address an issue that directly concerns my family and my home. The issue is the Conditional Use Permit that would allow an entertainment complex/go-cart track on Nichols Road, between Diffley and Cliff. I live on Cliffview Drive and would be directly affected by this complex. I was not able to attend the meeting last night, but was able to view it on television. • This complex greatly disturbs myself and my husband, as well as my neighbors who attended P B Y the meeting. I would like to ask the council if they are aware of several characteristics of this neighborhood. Do you realize how many small, children live in this area? I heard you say you felt this would not cause an increase in traffic. -On what do you base.this feeling? It is human nature to take shortcuts through neighborhoods if main road traffic is congested. Unless you are going to post police at the entrances to the neighborhoods, there is no way you can assure parents with children that more and faster traffic will not be invading the neighborhoods surrounding this area. Another item dismissed at this meeting was the fact that the council members again frat that the noise would be inconsequential. Any additional noise in that neighborhood would be extremely inconvenient. We already get noise from Cedar, the baseball field at Rahn Park and the airport. The developer of the plan said that 50% of the noise would be diverted opposite towards Cedar. What about the 50% that isn't? As alternatives to this plan, what about some type of Learning/Nature Center for young people? What about an extension of Rahn Park? What about alternatives that enhance the beauty of Eagan without the impact on this community that would cause further noise, traffic and congestion? This part of Eagan already has its share of development. Why an area further from residential neighborhoods can't be found seems very narrowsighted. • • Page Two City of Eagan - Mayor Tom Egan and City Council Members 3830 Pilot Knob Road • Eagan, MN 55122 • Lastly, the members directing the meeting seemed to dismiss the fact that more traffic and business, especially in this venture would certainly attract more people in their teens and older. Yes the very young would be with their parents. What about the older teens? Can you assure the surrounding areas that this would not increase mischief and even more serious crimes? I feel this proposal is very flawed, especially in view of the effects it could have on the surrounding neighborhoods. As a voting Eagan taxpayer I strongly oppose this, and ask for you to turn this proposal down. I would hope Eagan has the interests of its citizens in mind, and can find a more appropriate use for this land. Sincerel • Jennifer L. Dahm 411 1 • John W. & Audrey H. Malone • 2111 Cliffview Dr. Eagan MN 55122 Mayor Tom Egan c/o Karen Finnegan 3830 Pilot Knob Rd. Eagan MN 55122 • June 26, 1992 Dear Mr. Mayor, As concerned homeowners of the neighborhood adjacent to Erin Dr. and Nichols Rd. , we would like to register our opposition to the proposal of a GO-KART track for that area. Our reasons include: --Increased traffic on Nichols, Cliff and Diffley.Roads that are already overburdened from Rahn Park and the Cedar Ave. accesses. --Run off of petroleum polluted waters into a federally protected wetland. --Storeage of a large quantity of flammable liquids so near a residential area. --Increased noise levels. (The 30-35 decibels cited by the proposer may not be deafening but they will be a near constant irritation. ) --Potential for increased crime if the arcade were to become a "hangout" during the evening hours. The detriments of this proposal far outweigh the potential benefits. This site has been designated a Community Shopping Center district, not a Outdoor Recreational Facility. We urge you to vote NO to this proposal which is .not:.controlled by any city code. Perhaps Mr. Bombardo will consi der a more appropriate site, such as a rural area, for his developement. Thank you for your consideration. 9476744-41 John W. Malone /, ?��� Audrey H. Malone • S/ • t - - co �y- 06/30/1992 I Council Member Pam McCrea City of Eagan Dear Ms McCrea: As I was unable to reach you after several attempts on June 26th (as you had suggested) and I was told you would be on vacation this week I am writing to thank you again discussing the proposed go-cart/arcade on Nichols at a time that may not have been convenient for you. I would also like to restate my concerns in hopes that the council will consider the issues before approving this proposal. I have lived in Eagan for almost 10 years and moved into my current neighborhood 3 years ago. Since moving to this home the following developments have occurred in our area - 1. The opening of Cub & Target 2. The plane traffic has increased in volume and frequency. 3. A. "mini-mall" (Tires P1 ;::) was built on Cliff & Scott. 4. Day care facility was built on Scott. 5. The Senior housing project is being built and 6. Cliff Road is being widened to facilitate the increase in traffic. While not all of this is within the City's control it still effects our neighborhood. The only positive effect is that several of the residents are considering volunteering at the Senior housing project. The increased noise and traffic has been adverse to our neighborhood. The Planning Commission told several residents that we shouldn't worry we have Cedar Avenue right by us already The noise of a coo- cart track across the street can hardly be compared to the noise of a fre -cy )vr a block away. In r,_:ent years I have read much about how the City is trying to help preserve Cedarvale. I cannot see the reasoning for having a go-cart/ arcade about one mile away from Cedarvale when one of their big drawing cards is Grand Slam. Even my 12 year old son = who I thought would be angry that I was against the proposal - said " Why do we need a new arcade when we have Grand Slam?" If a 12 year old can figure this out, why can't the Planning Commission? We all realize that the land there is currently zoned for commercial use but how many of us would have chosen to move into our homes if that facility existed? Our homes may not be the most expensive in Eagan but there is valid concern about what this business would do to our property values. There is also the question of the pond/preserve area on Nichols and Erin Drive and how a facility like this could effect that environment that no one has addressed. • • pxj, _i Perhaps what perplexes, angers and saddens me the most is the treatment residents of this neighborhood received from the Planning Commission at their last meeting and I would like to suggest that if these meetings are taped that the Council may want to see how the residents were treated. I was unaware of the meeting so I did not attend but from the people who attended and watched on cable the reports are that they were treated not only with a condescending attitude it was inferred that our neighborhood was not important and one member even went so far as to refer to "cardboard" houses. We may not live in $200,000 homes and we may be a culturally diverse neighborhood but that should not mean that we are any less citizens of Eagan or any less deserving of respect - quite frankly up until now I had been pretty proud to live in Eagan but now I am not so sure. I appreciate any consideration the Council gives to my concerns and if there are any questions that you may have of me please contact me at one of the numbers below. Sin erely. Mar on Bergren AT,_ . 210 Cliffhill Lane #29 -5263 (work - Monday - Thursday; Ramsey County Attorney's Office) #4511-3201 (home - Friday - Sunday) ■ ` cc: Cr.uil Members - Tim Pawlenty; Theodore Wachter; Pat Awada 11i,y : Thomas g III . . . . . . • • ' L • From: Roger Schmitz 2083 Cliffview Drive Eagan, MN 55122-2378 (612) 456-0807 To: Mayor Tom Egan Karen Finnegan 3830 Pilot Knob Dr Eagan, MN 55122 This letter is in rgards to the Proposed GO-KART/ARCAGE/MINI Golf to be located at Erin Drive and NIchols Road. I am not happy that you feel that eagan needs another_place for kids to go and spend money. This sounds like the samething that is now in cedarvale mall. Do we realy need another one. I have heard that you think that this development will not effect my neighborhood. This development will increase noise polution (both from the track and more on street traffic), increase air polution (go karts don't have catolitic converters and will be running all day) , increase water polution by the run off into the DNR protected wetland. With this many more people in the area our crime rate will go up with all the kids around. When they run out of money or when the track closes were will they go but into my neighborhood and cause problems. What will happen to our property values if this is developed. They will drop and I will be left paying the bill. My major concern is the noise polution. I work nights and so do some of my neighbors. how do you expect us to get some sleep so' we can go to work and pay our bills and pay taxes. There is no go-kart in the world that is quite when there are six or more karts running down a track with no sound barriers. why can't this track be built so it will not have an adverse effect on residential housing thenust be a better way to use this land that will help the neighborhood and not harm it. Please take this into consideration befor deciding on this issue. Sincerely yours, - 1 iv., "II Or sOWC;00.•••.......---- Rog eN Schmitz. • g • July 2, 1992 Tom Egan, Mayor City of Eagan Eagan, City Council We were just made aware that the City planning Commisssion has approced a proposal for a Go-Kart, Arcade and Mini Golf course at Erin Dr. and Nichols Rd. Our home is located at 2091 Shale Lane, which is too close to this location. We have lived at this address for 21 years. We only recently paid off our home, hoping to retire there someday. We do not want or need this type of business this close to a residential area. The noise this would create and the age of the clientele it would attract would create hardship on the people who now live in the neighborhood. We came to Town Meetings to discourage the Target and Cub store location but it was passed regardless of the amount of people that objected. We really questioned democracy at that time, money seemed to talk. You said traffic would be taken care of with proper roads and signal lights. Two years ago our son was almost killed at Nichols and Cliff roads. There is only turn arrows on Cliff and not on Nichols. Our son was on a motorcycle going straight across Nichols. A pick-up truck turned into him, while trying to turn on to Cliff. If signal lights would have been put in with turn arrows for all four directions this accident might never have happened. The City did not keep there word. The appropriate lights weren't put in. With much medical care our son lived. With bone graphs, skin graphs a year of fixators and casts they were able to save his leg. The medical cost added up to $100,000. Now you will make this intersection and one of the other most dangerous intersections in Eagan even more dangerous. Please vote this down. We don't care to live next to an amusement park Aik S' • We are not people that resort to Lawyers but this is something that will affect the rest of our lives. So a lawsuite is a possibility. We are being pushed in our area to have all the undesirable businesses so the newer and larger homes of Eagan do not have to put up with it. I consider this discrimination. Please look out for everyone in Eagan. We need your help, Thank you for taking the time to read this. Eagan Residents Woody and Linda s. • Ac.ge oi,Gow44.4 : #74 • /I"? //en • At•rk dem . evot-cA .Cr144 .6.1"le Ctjr, I4a 400,e(04%. 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Brett & Jill Solmonson 6-24-92 2116 Cliffview Drive Eagan, Mn 55122 Mr. Mayor, City Council Members, and Planning Commission Eagan City Hall 3830 Pilot Knob Road Eagan, Mn 55122 RE: Proposed / planned go-cart race track for Erin Drive. Mr. Mayor, City Council Members , and Planning Commission. We are AGAINST the proposed go-cart race track proposed / planned for Erin Drive. A business of this type would not be a welcome addition to our neighborhood. Our reasons are: A) Large volumes of noise pollution generated by 10 to 30 gasoline engine powered race cars , ( just imagine what 30 lawn mowers would sound like in one small confined area 750 feet from a neighborhood) . B) Storage of Flammable liquids , (gasoline and oil ) . C) Safety, (who is responsible) . D) Damage / pollution to the pond and wildlife, (we are proud of our nesting ducks / geese) . E) Parking limitations . Already we have parking problems on Nichols Road due to overflow of Rahn -Park parking congestion. More parking problems would be inevitable. Police records already show accidents which have occurred here. If No Parking Signs were on Nichols Road the clientele would park in our neighborhood. F) An increase of traffic flow through our neighborhood. G) An increase in crime / vandalism in our neighborhood due to the influx of visitors / clientele. H) Property values, (we don't feel this will improve them) . Why can' t a business such as this be placed in an area where there is already: A) No neighborhood adjacent to it ? B) Businesses and acceptable areas with suitable space ? EXAMPLE: Cedarvale Mall vicinity, Eagan Town Center area. PCA Testing area, Etc. . . Why can' t the gentleman who is proposing this race track put it in his own city of residence (Apple Valley) ? A) His city won' t allow it ? B) He knows his city won' t allow it and isn' t even going to try ? C) Because of reasons in items A - H above ? D) He wants to bring down the quality of life in Eagan ? Mr . Mayor, City Council Members , and Planning Commission Members , we request you accede with us and vote AGAINST the go-cart track proposed / planned for Erin Drive. cc: Mayor Tom Egan Council Member Patricia Awada Council Member Pamela McCrea Council Member Tim Pawlenty Council Member Theodore Wachter 411 Planning Commission, City Hall Respectfully, JAL' i • Brett A. Solmonson AOF- .' AD' ill d,4 i1∎ Jill A. Solmonson 2116 Cliffview Drive Eagan, Mn 55122 452-8577 c?'S Agenda Information Memo • July 21, 1992 City Council Meeting LOT SPLIT/OPUS CORPORATION EAGANDALE CENTER INDUSTRIAL PARK #4 B. Waiver of Plat, Opus Corporation, in Order to Split Lots 191-03 and 192-03, Block 3, into Lots 14 - 19, Block 3, Eagandale Center Industrial Park #4 Located Along the West Side of Mike Collins Drive, North of Aldrin Lane, in the SE 1/4 of Section 11—An application has been received of Opus Corporation for a waiver of plat to split two tax parcels to correspond with the original planning designation associated with the Eagandale Center Industrial Park development. For additional information in this regard,please refer to the Co ygity Development Department staff report which is enclosed on pages q 7 through ) for your review. As noted in the memorandum, this waiver is technical in nature d returns the property to its original platted designations. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for Opus Corporation to split Lots 191-03 and 192-03, Block 3 into Lots 14 - 19, Block 3, Eagandale Center Industrial Park #4, as presented. • i q(e • • SUBJECT: WAIVER OF PLAT APPLICANT: OPUS CORPORATION LOCATION: SE 1/4 SECTION 11 EXISTING ZONING: L-I (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: JUNE 23, 1992 • DATE OF REPORT: JUNE 17, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Waiver of Plat in order to split two tax parcels (lots) located along the west side of Mike Collins Drive, north of unimproved Aldrin Lane in the Eagandale Center Industrial Park 4th Addition. When the 4th Addition was platted in 1976, the subject lots (tax parcels) were platted as Lots 14 through 19, Block 3. In 1982, the lots were combined into the existing tax parcels (191-03 and 192-03). The applicant has no documentation requesting the combination and • City and Council records show no request; however City Code requires either replatting or the Waiver of Plat process to split tax parcels. This Waiver of Plat will basically remove the overlying lot description, leaving the oriinal ones intact. -- - • • • GRADING/DRAINAGE/EROSION CONTROL: A detailed grading, drainage and erosion control plan was not submitted for staff review with this waiver of plat application. A new stormwater retention basin will be required to serve the 4.7 acres included in the waiver of plat. The pond is needed because the Ex 66" storm sewer line in Mike Collins Drive is not capable of handling the additional runoff generated by this proposal. The pond will be designed to provide a maximum outflow of 1 cfs. The construction of Aldrin Drive will require storm sewer installation from Mike Collins Drive to the west property line of the plat. UTILITIES: Sanitary Sewer and watermain service is readily available to the plat from Mike Collins Drive. Utilities will need to be extended in Aldrin Drive from Mike Collins Drive to the west property line of the plat to serve the westerly adjacent property. STREETS/ACCESS/CIRCULATION: Street access is readily available to serve the site from Mike Collins Drive, a 44' wide bituminous street with concrete curb and gutter. The property has a 60' wide dedicated right-of-way along its southern boundary (Aldrin Drive). Aldrin Drive currently is unimproved. The construction of Aldrin Drive from Mike Collins Drive to the west property line of the proposed plat will be required. A 36 foot wide bituminous street with B618 concrete curb and gutter be constructed on Aldrin Drive if on- . street parking is prohibited. Otherwise, the street should be at least 44 feet wide to provide two travel lanes and two parking lanes. • 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. Five feet of additional right-of-way is required for Mike Collins Drive. 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. WATER OUALITY: The waiver of plat request is located in drainage basin E. Stormwater runoff discharged from the site will travel through ponds EP-2,EP-1 and FP-1, all classified as nutrient detention basins. There are no recreational classified water bodies between these parcels and the final discharge point to the Minnesota River. As such, a cash dedication in lieu of ponding is preferred by the City for water quality treatment purposes. However, stormwater drainage system capacity problems will necessitate some on-site ponding for this site. The site area dedicated for flood control ponding may be allowed to meet water quality treatment requirements if sufficient wet pond volume can be provided. 41111 Preliminary analysis show that a pond area of 0.40 acres at the normal water level will be needed to address flood control concerns for both waivers of plat. The associated wet pond volume needed to meet water quality pond design standards is 1.26 acre-feet. With a water quality pond of this size to treat runoff from both sites, the cash dedication to cover the remainder of the obligation would total $5,731. This recommendation is subject to approval by the Advisory Parks, Recreation and Natural Resources Commission. FINANCIAL OBLIGATION - 11-W-3.5.92 191-03 and 192-03 Eagandale Center Industrial Park #4 Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. • • Improvement Use Rate Quantity Amount None WAIVER OF PLAT CONDITIONS FOR SE 1/4 SECTION 11 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B2, B3, B4, Cl, C2, C5, DI, El, Fl, 01, and H1 2. The west portion of Lots 14-19, Block 3, contained in tax parcel 192-03 shall be combined with Lots 14-19 respectively as contained in 191-03. 3. The development of the property will be required to limit its site generated stormwater runoff to 1 cfs. • 4. The development of the property will require the upgrade of Aldrin Drive to current City standards with utility installation as required by the adjacent properties. 5. Five feet of additional right-of-way is required for Mike Collins Drive. Rl STANDARD CONDITIONS OP PLAT APPROVAL A. Financial Obligations 1 . This development shall accept its additional financial obligations as defined in the staff 's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval.. B. Easements and Rights-of-Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property' or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, 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. • • too • STAI,DARD 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 Quality Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City's Water .Quality Management Plan. 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.eon LTS *2 111 /6\ 110 o AC 1 \ \�„_ I ! l N65 1131 12 �� 2 /6.^ I l 00.T. Ro,o `ouTIOT B 116 AC 1rAC o- LONE OAK C 6M In ARMSTRONG 2,cOS ,e BUSINESS INESRS a BUSINESS CENTER o,A<D, PHASE 1 ECO LABS. ariga2164 40 d TRANSIT NSTRANSIT„ ,-a. i PHASE E _ ... _ ' NSP EXCEP AM AC■.31 II PARCEL B i'`. '£74 _ 114Oe AC 3 EXCEPTION., es Al2 211011;1 15 IrIPZI 18 2 i1 AC�ltls7�4 ' $ \- 656 15 AVOtt•ROAD 62 AC RS7 16 # Q 1$2 AC rw 17 d 19 i- 1.23 AC R61 1A i 256 57f AC'f7 ]y 2 V. t 23 AC 879 1 1 AN ! II'• 123 AC /Y 20 - R HL' t 23 AC Atli 21 ..j 2.56 AC .COMPANY i 5 CORPORATE DoN LLOSON �,,O,M,B, act.--'. 25 Ii 27 i < SQUARE COMPANY 6 e 2.65 AC 6 6 \ % 175A .. .. ♦ u724 23 22 N. �.� 6A _ A.is AC 777 AC 4 45 i 1.. i 1! 22 �' - _ y 1 - 1 73 7 4 iiiii •,......h....�1� r: 6363 e Ae 6x 1131 II s G 1 Lmm 6 A7 TS 17 AC i < i Y < i V V 1 i II� i 1 6 •A I Ae AS8 Y 17 P, . ! 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Waiver of Plat, Opus Corporation, in Order to Split Lots 191-04 and 192-04, Block 4, into Lots 14 - 19, Block 4, Eagandale Center Industrial Park #4 Located Along the West Side of Mike Collins Drive, South of Aldrin Lane, in the SE 1/4 of Section 11—An application has been received of Opus Corporation for the above referenced waiver of plat. This waiver is similar in all respects to the previous agenda item and pertains to property similar to that previously described but south of Aldrin Lane. For additional information in this regard, please refer to the Comm ity Development Department staff report which is enclosed on pages through /,i for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for Opus Corporation to split Lots 191-04 and 192-04, Block 4 into Lots 14 - 19, Block 4, Eagandale Center Industrial Park #4, as presented. • • ( SUBJECT: WAIVER OF PLAT • APPLICANT: OPUS CORPORATION LOCATION: SE 1/4 SECTION 11 EXISTING ZONING: L-I (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: JUNE 23, 1992 DATE OF REPORT: JUNE 17, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Waiver of Plat in order to split two tax parcels (lots) located along the west side of Mike Collins Drive, south of unimproved Aldrin Lane in the Eagandale Center Industrial Park 4th Addition. When the 4th Addition was platted in 1976, the subject lots were platted as Lots 14 through 19, Block 4. In 1982, the lots were combined into the existing tax parcels (191-04 and 192- 04). The applicant has no documentation requesting the combination and City and Council records show no request; however City Code requires either replatting or the Waiver of Plat process to split tax parcels. This Waiver of Plat will basically remove the overlying lot description, leaving the original ones intact. �O� GRADING/DRAINAGE/EROSION CONTROL: A detailed grading, drainage and erosion control plan was not submitted for staff review with this waiver of plat application. A new stormwater retention basin will be required to serve the 5.1 acres included in the waiver of plat. The pond is needed because the Ex 66" storm sewer line in Mike Collins Drive is not capable of handling the additional runoff generated by this proposal. The pond will be designed to provide a maximum outflow of 1 cfs. The construction of Aldrin Drive will require storm sewer installation from Mike Collins Drive to the west property line of the plat. UTILITIES: Sanitary Sewer and watermain service is readily available to the plat from Mike Collins Drive. Utilities will need to be extended in Aldrin Drive from Mike Collins Drive to the west property line of the plat to serve the westerly adjacent property. STREETS/ACCESS/CIRCULATION: Street access is readily available to serve the site from Mike Collins Drive, a 44' wide bituminous street with concrete curb and gutter. The property has a 60' wide dedicated right-of-way along its northerly boundary (Aldrin Drive). Aldrin Drive currently is unimproved. The construction of Aldrin Drive from Mike Collins Drive to the west property line of the proposed plat will be required. A 36 foot wide bituminous street with B618 concrete curb and gutter be constructed on Aldrin Drive if on- street parking is prohibited. Otherwise, the street should be at least 44 feet wide to provide two travel lanes and two parking lanes. 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. Five feet of additional right-of-way is required for Mike Collins Drive. 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. WATER OUALITY: The waiver of plat request is located in drainage basin E. Stormwater runoff discharged from the site will travel through ponds EP-2,EP-1 and FP-1, all classified as nutrient detention basins. There are no recreational classified water bodies between these parcels and the final discharge .point to the Minnesota River. As such, a cash dedication in lieu of ponding is preferred by the City for water quality treatment purposes. However, stormwater drainage system capacity problems will necessitate some on-site ponding for this site. The site area dedicated for flood control ponding may be allowed to meet water quality treatment requirements if sufficient wet pond volume can be provided. S 0 Preliminary analysis show that a pond area of 0.40 acres at the normal water level will be ipneeded to address flood control concerns for both waivers of plat. The associated wet pond volume needed to meet water quality pond design standards is 126 acre-feet. With a water quality pond of this size to treat runoff from both sites, the cash dedication to cover the remainder of the obligation would total $5,731. This recommendation is subject to approval by the Advisory Parks, Recreation and Natural Resources Commission. FINANCIAL OBLIGATION - 11-W-4-5-92 191-04 and 192-04 Eagandale Center Industrial Park #4 Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount • None WAIVER OF PLAT CONDITIONS FOR SE 1/4 SECTION 11 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B2, B3, B4, Cl, C2, C5, Dl, El, Fl, Gi, and ill 2. The west portion of Lots 14-19, Block 4, contained in tax parcel 192-04 shall be combined with Lots 1449 respectively as contained in 191-04. 3. The development of the property will be required to limit its site generated stormwater runoff to 1 cfs. 4. The development of the property will require the upgrade of Aldrin Drive to • current City standards with utility installation as required by the adjacent properties. 5. Five feet of additional right-of-way is required for Mike Collins Drive. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 411 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. • ‘, v 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 Quality Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City's Water .Quality Management Plan. • E. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically. . granted a variance by Council action. 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Conditional Use Permit, A & H Cartage, to Allow a Truck and Freight Terminal in a LI (Light Industrial) District on Lots 14, 15 and 16, Block 4,Eagandale Center Industrial Park#4, Located Along the West Side of Mike Collins Drive, south of Aldrin Drive in the SE 1/4 of Section 11--At its meeting of June 23, 1992, the Advisory Planning Commission considered an application from A & H Cartage for a conditional use permit to allow a truck and freight terminal in a light industrial district at the location identified above. For additional information with respect to this application, please refer to the Co u 'ty Development Department staff report which is enclosed on pages //7through(?.(for your review. Also enclosed on pages/ S-through / )h are the minutes of the Advisory Planning Commission relative to this item. The APC is recommending approval. Please note in the minutes that the applicant requested that conditions 10 and 11 be removed. The APC elected not to do so in their recommendation, however, staff will be meeting with the applicant to resolve this issue in advance of Tuesday evening's meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for A & H Cartage to allow a truck and freight terminal in a light industrial district • on Lots 14, 15, and 16, Block 4 of Eagandale Center Industrial Park #4 as presented. 411 - /1/4\ • • (a SUBJECT: CONDITIONAL USE PERMIT APPLICANT: A & H CARTAGE LOCATION: LOTS 14, 15, & 16, BLOCK 4, EAGANDALE CENTER INDUSTRIAL PARK #4 EXISTING ZONING: I-1 (LIMITED BUSINESS) • • DATE OF PUBLIC HEARING: JUNE 23, 1992 DATE OF REPORT: JUNE 16, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by A & H Cartage for a Conditional Use Permit to allow a truck and freight terminal in a Light Industrial district located north of Yankee Doodle Road on the west side of Mike Collins Drive, south of the unimproved Aldrin Drive right-of-way. • BACKGROUND: A & H Cartage has been in operation since 1970. They were originally located at the Minneapolis-St. Paul International Airport, moved operations to Eagan, and have moved several times within Eagan. The company employs a total of 28 people, with 23 working at the Eagan facility. The truck fleet consists of 38 trailers, 12 tractors, and six straight trucks. COMMENTS; The proposed 13,000 sq. ft. building contains a two-level 40'x 60' office, 60' x 130' warehouse, and 40' x 70' repair facility. Thirteen loading docks are proposed with being along Mike Collins Drive. The site plan shows 57 parking spaces which meet City Code requirements. Both building and parking setbacks shown meet, or exceed, Code requirements. The plan shows two access points, one from Aldrin Drive and the other from Mike Collins Drive. . The proposed building will have a beige face block with rust red accent and a red band around the building. The landscape plan shows a good mix of overstory and understory trees and shrub material. A keystone-type retaining u.L.A1 will be used to aid in the berming along Mike Collins Drive. This landscaped berm will provide screening to the docks located on the east side of the building. An entrance sign shall be located on the wall at the entrance on Mike Collins Drive. • GRADING/DRAINAGE/EROSION CONTROL: A detailed grading, drainage and erosion control plan was not submitted as a part of this application. The storm water runoff from • the site is proposed to slope drain to a private storm sewer system that will connect to the existing 66" storm sewer line in Mike Collins Drive. This storm sewer drains into Pond EP- 2, a designated nutrient trap in the City's Water Quality Management Plan. The existing 66" storm sewer line is not sized to receive direct run-off from the site. The development is required to limit its discharge of storm water off-site to 1 cfs. The construction of Aldrin Drive will require storm sewer installation from Mike Collins Drive to the west property line of the proposed development. UTILITIES: Adequate sanitary sewer and water main service is readily available to this area from a 6" sanitary sewer and an 8" water main service stubs provided to this site along Mike Collins Drive. The developer proposes connecting to the existing stubs provided. A new manhole will be required at the property line where the sanitary sewer service connects to the existing stub. The existing hydrants along Mike Collins Drive provide adequate fire protection to this site. Sanitary sewer and water main shall be extended in Aldrin Drive from Mike Collins Drive to the west property line of this site to serve the westerly adjacent property. STREETS/ACCESS/CIRCULATION: Street access to this site will be provided from Mike Collins Drive, an existing 44' wide bituminous street along the east property line of the site. Street access will also be provided from Aldrin Drive, located along the north property line of the site. This development will be responsible for constructing Aldrin Drive from Mike • Collins Drive to the west property line. Aldrin Drive is proposed to be a 36' wide (No Parking) or 44' wide (with parking) bituminous street with B618 concrete curb and gutter. The design of the railroad crossing along the west property line is subject to railroad requirements. The preliminary site plan shows a driveway access connecting to Mike Collins Drive and one access connecting to Aldrin Drive. The development will be required to construct their entire parking lot with concrete curb and gutter and bituminous or concrete surfacing. The two driveway openings onto the public streets shall be constructed with concrete aprons and concrete valley gutters as per Eagan Detail Plate #445. RIGHT-OF-WAY/EASEMENTS/PERMITS: The developer will be responsible for obtaining all the necessary permits from the affected agencies such as MPCA, MWCC, Dept. of Health, Railroad, etc., prior to building permit issuance. Five feet of additional right-of-way is required for Mike Collins Drive as well as a ponding easement over the ponding area required to limit site generated stormwater run-off to 1 cfs. 410 l � 1C, FINANCIAL OBLIGATION 11-CU-10-4-92 Lots 14, 15, 16, Block 4, Eagandale Center Industrial Park #4 Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None 12 • • If approved, this Conditional Use Permit shall be subject to: III 1. Recording with Dakota County within 60 days of Eagan City Council approval with documentation to the City. 2. All signage shall be subject to a one-time fee of$2.50/sq. ft. 3. Lots 14, 15, and 16, Block 4, shall be combined into one tax parcel. 4. All other applicable City Code requirements. 5. A detailed grading, drainage and erosion control plan shall be submitted with the building permit application. 6. Constructing Aldrin Drive with streets and utilities from Mike Collins Drive to the west property line of the development will be required with the building permit issuance for site development. 7. The development will be required to construct their entire parking lot in accordance with City Code requirements with concrete curb and gutter and bituminous or concrete surfacing. 8. The two driveway openings onto the public streets shall be constructed with concrete aprons and concrete valley gutters in accordance with City standards. • 9. A sanitary sewer manhole shall be constructed at the property line where the sanitary sewer service connects to the existing stub. 10. The development is required to limit stormwater run-off from the site to 1 cfs. KA\ An a'diti. 11 5' .f 'ght : -way ' equire• r '. - of ' ; D '1-. ■ \?f • • g"^ A & H Cartage • 1 LONE s _ Qom; (4 M_ 2i) STREET MAP = C .) \ '� kik anew l no 1 I-- i ROAD E _._. ... _ _ .i - 0T73 w �1! : _ 'I III I.� >�`,. . - 1—F _ .,.. .. j. ,.. 0l1AL i i. vN;E I I ZONING MAP EN' I ii li V III :_ == .'�• • t - - I Q I n cf,7.7-Te :: R-2 '""'4!u■■1I i's" -1 ,A it _ r. R L8 ':` ?�� wl ...•at. - 1 ..01.0 RD. g CC)g osn AMY - COMP GUIDE PLAN MAP t• 1 II • OM alr EE ,. E RD. 1.00: N • 'Q-- . A & H Cartage C.U.P. • -R DART ECO LABS. 11 I+` \\*N41% .1111 . t ' -NSP • `TRANSIT I ExCEe .„,,,Ac 13 14 � 16fir--7 18A . A o,IG Po*: 19 . ' 750 5 71 AC 27 A30 G ' 26 i 256A` 149 THE -- dr./ u . DONALDSON s •�� 25 COMPANY WO'M'B' i . %•�-..- 2.OSAC6 A. 4 • -` 1.75 AC • . 4:24 . . 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K'� EP-2.I 1 JP-16 i • 1803.0 864.3 B50.0 \�', JP-IT \ °�-•- _ -36. JP-46. .BB2.0 870.0 3 874 7 858.0 ` " n 24 �5 . I ' 893 S±-'P 879.4 0 8690 50.x?, 0...:96985181,8 .. t'+ \� me-,�, G-c • • FIGURE No. 17 • STORM SEWER ' LAYOUT MAP CITY OF EAGAN . \i _ 4 4 Page 18/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 23, 1992 A & B CARTAGE CONDITIONAL USE PERMIT Chairman Voracek opened the last public hearing of the evening regarding a Conditional Use Permit to allow a truck and freight terminal in a LI (Light Industrial) district on Lots 14, 15 and 16, Block 4, Eagandale Center Industrial Park #4 located along the west side of Mike Collins Drive south of Aldrin Drive in the SE 1/4 of Section 11. City Planner Sturm stated that all Light Industrial code requirements have been met with this application. He mentioned that this application is very straightforward. Bob Worthington, a representative of OPUS, stated that he felt this application was compatible with the existing area. He requested that conditions #10 and #11 be removed. Lowell Anderson, owner of A & H Cartage, and their architect were there to answer any questions. A discussion occurred regarding conditions #10 and #11. Mr. Worthington stated that they are not trying to avoid the conditions, however, they felt there was some grey areas in those conditions which needed to be discussed. He requested that if conditions #10 and #11 were left as presented, that they have the opportunity to negotiate with City staff before the next City Council meeting. Chairman Voracek suggested that the applicant discuss this issue with City staff before the next City Council meeting. If a resolution is not obtained, the City Council will have to decide whether to keep conditions #10 or #11. Hunter moved, Graves seconded, the motion to approve a Conditional Use Permit to allow a truck and freight terminal in a LI (Light Industrial) district on Lots 14, 15 and 16, Block 4, Eagandale Center Industrial Park #4 located along the west side of Mike Collins Drive south of Aldrin Drive in the SE 1/4 of Section 11, subject to the following conditions: 1. Recording with Dakota County within 60 days of Eagan City Council approval with documentation to the City. 2. All signage shall be subject to a one-time fee of $2.50/sq. ft. • 3. Lots 14, 15 and 16, Block 4, shall be combined into one tax parcel. 111 Page 19/EAGAN ADVISORY PLANNING COMMISSION MINUTES JUNE 23, 1992 4. All other applicable City Code requirements. 5. A detailed grading, drainage and erosion control plan shall be submitted with the building permit application. 6. Constructing Aldrin Drive with streets and utilities from Mike Collins Drive to the west property line of the development will be required with the building permit issuance for site development. 7. The development will be required to construct their entire parking lot in accordance with City Code requirements with concrete curb and gutter and bituminous or concrete surfacing. 8. The two driveway openings onto the public streets shall be constructed with concrete aprons and concrete valley gutters in accordance with City standards. 9. A sanitary sewer manhole shall be constructed at the property line where the sanitary sewer service connects to the existing stub. 10. The development is required to limit stormwater run-off from the site to 1 cfs. 11. An additional 5' of right-of-way is required for Mike Collins Drive. All present voted in favor. 111 Q.(Q• Agenda Information Memo July 21, 1992 City Council Meeting PUBLIC RIGHT-OF-WAY SETBACK VARIANCE 1113 WESTBURY PATIO E. Variance,Robert and Michelle Haugan of 12'6"to the Required 30' Setback from Public Right-of-Way Located at 1113 Westbury Path in the NE 1/4 of Section 22—An application has been received of Robert and Michelle Haugan for the above referenced variance for their property located at 1113 Westbury Path. For additional information with respect to this item, please refer o the Community Development Department staff report which is enclosed on pages 0)(through ‘3D...for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Robert and Michelle Haugan of 12'6"to the required 30'setback from a public right-of-way located at 1113 Westbury Path as presented. • • SUBJECT: VARIANCE • APPLICANT: ROBERT & MICHELLE HAUGAN LOCATION: LOT 6, BLOCK 3, WESTBURY 1ST ADDITION EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: JULY 21, 1992 DATE OF REPORT: JULY 10, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Robert and Michelle Haugan requesting a 12'6" Variance to the required 30' setback from public right-of-way located at 1113 Westbury Path. COMMENTS: Lot 6, Block 3, Westbury 1st Addition, is a corner lot and as such, has 30' setbacks on two sides. The applicants are proposing an approximately 14' x 20' room addition on the east side of their home facing Westbury Lane and are requesting the 12'6" Variance based on having two 30' setbacks to meet and minimizing the loss of a portion of their two-tier landscaped deck. In addition, the applicant who built this home in 1985 feels that they would rather not move to another house, but stay in the home they built in a neighborhood they enjoy and where their two children can attend the new Glacier Elementary School. They feel the addition, leaving 17'6" from the property line and 27'6" from the curb will not appear to be overpowering along Westbury Lane. The existing house and accessory structures meet/exceed all setback requirements. If approved, this Variance shall be subject to the following: 1. Obtaining necessary building permits from the protective inspections department. 2. All other applicable City Code requirements. AIL NMARK § 4 EN RU �W_ t _/ juoi TLE_ EK RD/ T. sTV,,W �- �N \f�A •. IN EST: '�p� V r 7 KNDLL > 3 r m i r' ans10N PILL . C DE • • • IN Q11 I:i a .•i. er• L:unstructlon .ar Avenue South �= Plan 93r135 Elev. •con, MN 55x)44 / 4 . Plan is flipped cl AAPt#, No walkout 4 _ DELMAR H. SCHWANZ LAND SURVEYOR $, INC. A«iatonse URM.Laval of TM State of Minnowta On . 2978—148TH STREET W.—SOX M ROSEMOUNT,MINNESOTA 86088 PHONE 812 423.1768 • SURVEYOR%CERTIFICATE 3o I 186 --159.00 s 69.42'2 7 vJ ev s . 1 I \ k . I I . ui r- ,-, -- ., /- , $ w • ..t . I ,1 .� id Q . 6 r r r Ni 1:4 4.I - c b 0 Proposed o I IzB4 Additipn ci�%V4S —J---r---1 - ,w 'OW tri Wm h .:04 1.4GE Aeoexv" :.:::*.t::.:: �G 1' r.424, : LAP.: a j . , )d � .• I ,. g 1c IP Nr --°..- of CI 1 .... P1 } i �f 41/07. M 8 ro t J m Property corner • - - •t iron pipe ": .� —J 10g / t ;17.7 fisting elevation ... liT — •, proposed i•I4.vatiun 6k 89.00 •89'42' Z7'1A1 • ' / O aa'� / QS BO. ,; Proposed garage f lour .•I.•v:,t i.u, DD`"' w� VJ EST Bck RL( PAT I-1 I hereby certify that this is a true and correct representation of the fo,llowing, ds•ticrih,•.t tract of land: Lot 6, Block 3, WESTBURY FIRST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. • Also showing the location of a proposed house as staked thereon this 26th day of • Feb- . 19 QS . . • ! • • J./6404i/ /:) , ,`' /, , ,•; , MINNESOTA REGISTRATION NO.8625 z • . 1/;4? 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W _ -4• - v CO 1 ,. ,, _ F' W ii t .2-- • Agenda Information Memo July 21, 1992 City Council Meeting SIDE YARD SETBACK VARIANCE 4271 SUN CLIFF ROAD F. Variance, Homayoun and Kathleen Riazi, of 4' to the Required 10' Side Yard Setback Located at 4271 Sun Cliff Road in the NW 1/4 of Section 29--An application has been received of Homayoun and Kathleen Riazi for the above referenced side yard setback at their property in the Sun Cliff 2nd Addition. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages through for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of 4' to the required 10' side yard setback for Homayoun and Kathleen Riazi for their property at 4271 Sun Cliff Road as presented. • • SUBJECT: VARIANCE APPLICANT: HOMAYOUN & KATHLEEN RIAZI 0 LOCATION: LOT 21, BLOCK 1, SUN CLIFF 2ND ADDITION EXISTING ZONING: R-1 (SINGLE FAMILY) - DATE OF PUBLIC HEARING: JULY 28, 1992 • . DATE OF REPORT: JULY 13, 1992 . COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a 4' Variance to the required 10' side yard setback located at 4271 Sun Cliff Road. COMMENTS: The applicants are requesting the Variance of 4'to the property line as they do not have another exit from their home where a porch could be built. They feel because there is 25' 9" between the neighbor's home (4277 Sun Cliff Road) and their home, there is adequate space to accommodate the proposed 10'wide porch. The neighbor's home does not have any access to the side facing the applicant's home, nor are there any windows on the side facing the Riazi's. Attached is a letter from the neighbors at 4277 Sun Cliff Road acknowledging they have no objections to the proposal. If approved, this Variance shall be subject to the following: 1. A building permit shall be applied for and approved by the protective inspections division. . 2. All other applicable City Codes and requirements shall be met. H 14*-4 01 '• i)THM111 1‘ a 4P v = , TERM L � No , RE y,, 4 I A�oR `Y� TR T LWAY DR I °4+, �'- Iv E 2412 'Q c+ . m CAN 5 Apc A e L�:�a. - . Rio • Z a 1.R. MEADOWL AND I d ; �rw a. t ' 1` „11.it56✓ 1. t • N July 3, 1992 • To The Eagan Council Members, . We understand that our neighbors Homayoun and Kathleen Riazi at 4271 Sun Cliff Road want to build a screened porch that would come to 6' of our common property line. This is to inform you that we have no objections to their construction. . , I 2.>/r \ 7 1 -'--' .7 .Dan and Jean Brady K 1 - Dan �_ 4277 Sun Cliff Road / ,f .' Eagan , Minnesota 55128 / .- //� h - / / • 0 . .., r.7.7-.7.. 7----•------, F., ,..„ .., -..- •- - , ..._,...______,_4. _ 1�. 1 I ti - 'WC',,. ; APTIrl"*Itgfitre ; t ,s S rig 1 .cx"' mot£ 3i t4-i f -;-.:1,....-„,„..,:- 4`�` ..� •IA'1R SUM ct.wc Rio 414111 • X a to*.c.1A 1.oU'Tv01a Pot c.A a @vlss begdob - 'PA . SAY W1•4bdW. [ 3 46r f- -lei.Afro• • ......, . .. 40.! A~s �R 'C. R: WINDEN & ASSOCIAIES, INC. `- v ` Fes''z:v. .t" L ANQ SURVEYORS Tot 648.36416 13RI EUSTIS ST., ST, PAUL, MINN. 65I08 FOR RS.M. HOMES . ?,4,,/-1 ,-;7 / _4/, /7--/K-r. er. .(' • • . y - zi /. , .. t1 . .._ . Scale: 1" = 30' . O;,Denotes Iron . ‘...S\ Monument • iCF „ � /. , I F 0 � I . - '9`9.- 1r. •/ .......--, ' -,•.-. 7 . -.--3 V- t, -3 r- I \ \ \II / / ................ . ' i••-•• ".• \.1.‘ V. p ...??, 1,1_ o.•?' , `✓ % �.. l� mac,.. .\ . -.;'��� m-4.' 'C •i .' . ' 'N. 1> . ? 2ik N NOTE: ,. / �� am r Der o t e s Wooden Sta'.e/. _ —' /y C r C•� r r•_'p c s e u f 2raAe Floor E1.= 9 F CI , f ,i J (90(...f.,, ) Denotes Proposed I t.'�' Finis`!ed Crcund El. 2 - , ,---L------ _ �, Denotes Direction -- Of surface Drainage • ✓” Vertical Datum - N.G.V.D. 1929 i ''')1 • . Lot . 21 , Block 1 , SUN CLIFF SECOND ADDITION, Dakota County, Minnesota • WE HERESY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE SOUNDARIES OF THE LAND ABOvE DESCRIBED AND OF THE LOCATION OF ALL BUILDINGS,, IF ANY, THEREON, AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND Dolor! this ". - do, of /cL'rL'oey' A D 10 B C. R 1ti'IN[1EN 8 ASSOCIATES, INC. ...., „___, �1 • ! % �. • . . . • -.. . by_Le....,......„.. .......• 7 S.,•,c-o•. M,nn•soso �Pows••osion No /.a '5. 0 1CC) .• . 0 -IS • . .. -... • t . —..s.; . / /11 -T •4_tliP l ' 011 4 i .. . 1 . . • x X X - . i . 1...) , ...t. %... r- ; cs ''''• i \ N it, )N .. . • -4 0 i \ \ F. 7: woof. 41 \ \ . \ .1 • . • A ■ .'. ...t.N Z . , . ..11 X 1\1 4.77"..........a.,....... .j \ \ t , 1 \ \6 5.. ....... "; • \ .. P: -4.' - . \\ , 1 .. . . •- ' \\\ -...1 \ 0 . \ / . .. •,. . . _ \-- - - \ V - /-C.- a. Z ., . . th . . ..... , . . .. , c7 . , .==.. ..=.=...i .. i'' A. • .\ • ,. . -r g. --.. / r-) .....,,,,..... , _ ... . . _ . .. „. , ki z r■ '-: Z.- EA 71-r a 1111■••■ 0 ■ , / / t ,'"i i # / .....0 .....- • -I , ( I ti.......... z ,. / , 1 C . , . ,-■ >9°. '..; ...- -- r 1 1 ;,.......,: ,,.... ■-- ! 1 ,....- ... . ....._ . . \ .t r27 1 Agenda Information Memo July 21, 1992 City Council Meetin g PUBLIC RIGHT-OF-WAY SETBACK VARIANCE 4320 DUNROVIN LANE G. Variance,J. Joseph Construction, of 4' to the Required 30' Setback from Public Right of-Way, Located at 4320 Dunrovin Lane in the NW 1/4 of Section 29—An application has been received of J. Joseph Construction for the above referenced variance. For additional information in this regard, please refer to the Co,I .'ty Development Department staff report which is enclosed on pages 1.4. through I for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of four feet to the required 30' setback from public right-of-way for a home located at 4320 Dunrovin Lane. \'5( • SUBJECT: VARIANCE APPLICANT: J JOSEPH CONSTRUCTION LOCATION: NW QUARTER SECTION 27 (LOT 27, BLOCK 5, WILDERNESS RUN 6TH ADDITION) EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: JULY 21, 1992 DATE OF REPORT: JULY 13, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance to the required 30'setback from public right-of-way for a home located at 4320 Dunrovin Lane. COMMENTS: The site in question is located at the northeast corner of the intersection of Dunrovin Lane and East Balsam Trail. The applicant is proposing a three-season porch addition to the south side of the existing home which is set back 38' from the south property line exceeding the required 30' setback; however the proposed 12' x 14' structure will encroach 4' into the setback. According to the applicant, the addition will blend with the present layout and an addition off the east, or rear side of the home, is not feasible due to the location of an air conditioning unit and a gas meter. The buildable area of the lot does not contain any severe topography or unique characteristics. Staff recommended a 10'wide structure to minimize the Variance request, but the applicant preferred the 12' wide layout. If approved, this Variance shall be subject to the following: 1. No other Variances shall be granted for this lot. 2. All applicable City Codes. • 1 ..,• .....- (0rm„„). s E ti l•y 4,', ,,', r••,;•,...4.•2.y:. ,,,•,.'...,'.,'','..,''•,,, -- fr-N/'' • fV 0—i s1 i e . -' EAGAN ,. ,. ' ' (c . " . . 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FROP°SCD. ` 3-SCASoa n• I PORCH i co i --eml 0‘ tu Ot ■ 1 1-----T- . , , , • 1 . w . 4 Ck) 4( Agenda Information Memo • July 21, 1992 City Council Meeting SPECIAL USE PERMIT/HARVEST FELLOWSHIP CHURCH H. Special Use Permit, Harvest Fellowship, to Allow a Church to Occupy Building Space in Limited Industrial Zoning District Located at 3584 Kennebec Drive in the NW Quarter of Section 17—An application has been received of the Harvest Fellowship Church to renew a special use permit to allow continued use of a commercial facility for worship and meetings. For additional information with respect to this item, please refer to the ffCo unity Development Department staff report which is enclosed on pages (through or your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit for the Harvest Fellowship to allow a church to occupy building space in a limited industrial zoning district located at 3584 Kennebec Drive. • SUBJECT: SPECIAL USE PERMIT APPLICANT: HARVEST FELLOWSHIP LOCATION: NW QUARTER SECTION 17 CEDAR INDUSTRIAL PARK R.L.S. PART OF TRACT F EXISTING ZONING: LIGHT INDUSTRIAL (L-I) DATE OF PUBLIC HEARING: JULY 21, 1992 DATE OF REPORT: JULY 13, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a two-year Special Use Permit to allow the Harvest Fellowship Church to continue meeting in a building located at 3584 Kennebec Drive on Light Industrial zoned property. . BACKGROUND: Harvest Fellowship (originally Eagan Christian Center) was initially granted a two-year Special Use Permit in August 1986 to hold church services in the office/warehouse facility located on the corner of Shawnee Road and Kennebec Drive. Two- year renewals have been approved by the City Council in August 1988 and May 1990. COMMENTS: According to the applicant, the congregation has invested a lot of money remodeling and the facilities are more than adequate to meet present needs with much room to expand. The applicant also points out that the church has been responsible for property taxes on approximately 12,000 sq.ft. of the Shawnee Business Center's facilities which would not be the case if they were on tax exempt church-owned property. If approved, this Special Use Permit shall be subject to: 1. This temporary permit shall expire two years from the date of City Council approval. 2. Church functions shall be limited to Wednesday evenings and weekends. 3. All applicable City Code requirements. • 1.(—L3 ---v---- t ;1/1'i • .r SW ,,, SW / /7 SE /a/ - . , •may+ .:c.,..-,"z � ii.1• �� —to — TJW \ NE /, " •! NW;: ` NE 9Y 0 .,,, PARK E `A 1D_ / — ::;,/ !1:141/:11.4 \kfYONTERET l; \- s. \\ 54s SE /SW I c� r---, ...„.• ., I ',. „,..„................ ir,,,... R, ,,:i.J`570 I ! 1�I�'r T�.�9 'l Y,., I /,s......-� ... tip iC D_ ,:-'. SaT W �`v NE ,, �✓ e N• �• _ .. R "• .z`Y D . Y F1' STA ". : 1) ,:.3F-' u \ Na / i / ✓' ,/ . ' -4.7 pi.' ‘.mifC1Rd M L . ISM',ELL..VE • H WAVEST FELLOWSSOP KENAYC3E:- DRIVE / d SHAWNrE (J511J6=5 LENTEF, GI ' f ti t I 1 21 c( u! c' pl i W 1 V 1 LAFO NA O �S I ' M¢rIENN FDO� i A l /-H H1C.HEJA14 13 l ' . • [EPARVALE MA-1_ • 4 Agenda Information Memo July 21, 1992 City Council Meeting PECISLAIMINTERGOVEWNIENTAIXFAIRS UPDATE Item 1. orresponde a from Bob Long, Councilmember, City of St. Paul--Enclosed on pages through (-(f is a letter from Bob Long, Councilmember, City of St. Paul, with an attached resolution calling for a constitutional amendment dedicating funding for the Local Government Trust Fund and requesting the League of Minnesota Cities to make such an amendment one of their priorities. The Municipal Legislative Commission considered this action. The City of Eagan, as a member, had made a decision not to request a constitutional amendment for the purpose as stated. At the recent AMM regional meeting attended by the City Administrator, this issue was raised by Councilmember Long, who was in attendance, and there was a general consensus of those cities in attendance that: a) cities should not be tampering with the State Constitution, and b) if a constitutional amendment vote did not pass, the Local Government Trust Fund could be in jeopardy with the State Legislature. Unless the City Council considers supporting the resolution, there is no official action required. • l ,,;, `, CITY OF SAINT PAUL _ILI OFFICE OF TILE CITY COUNCIL 411 BOB LONG Councilmember June 30, 1992 Thomas Egan Mayor of Eagan 3830 Pilot Knob Road Eagan MN 55122 �II Dear M or T:ga n: I wanted to thank you again for your support in my campaign for League of Minnesota Cities Second Vice President. Thanks to your help, I was elected LMC Second Vice President at the Annual Meeting. As we discussed, we need to act now to protect the Local Government Trust Fund from the reductions or elimination that the Governor will certainly propose in the 1993 legislative session. My City Council and I believe that the most effective way to do this is 411 through a Constitutional Amendment dedicating 2 cents of the sales tax to the Local Government Trust Fund as was originally promised by the Governor and the Legislature. With the 1992 legislative campaigns getting into full swing and candidates from both parties looking for support, this is the year to get legislative commit- ments for a Constitutional Amendment. I am enclosing a Resolution passed recently by a unanimous vote of the Saint Paul City Council calling for a Constitutional Amendment dedicating this funding for the Local Government Trust Fund and requesting the League of Minnesota Cities to make such an Amendment one of their priorities. I am asking that your City Council consider passing a similar Resolution during the next month so that we can begin talking with legislators. In addition to sending a copy of your Resolution to the League, would you please also send me a copy so we can keep track of which cities have acted as we begin discussions with legislators. Cities need a stable source of revenue, as an alternative to the property tax, which is not subject to the State cuts in Local Government Aid (LGA) that have become an annual event. These State cuts in LGA cut city budgets mid-year when cities have no ability to raise additional revenue. These constant mid-year budget cuts create instability within our cities and can ultimately begin to affect our bond ratings. In addition, we have to end the increasing conflict between cities and school districts which are CITY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 612/298-4473 LIDO 46 Printed on Recycled Paper t Co -2- now competing for the same slices of a shrinking "state pie" of state funding for local governments. When cities compete with school districts for state revenue we all lose. Two years ago the State sales tax was increased to 6 1/2 percent to fund the Local Government Trust Fund. This funding source was eroded after only one year when the Legislature applied the State sales tax to local governments. We must work together to ensure that the integrity of the Local Government Trust Fund remains intact and that proposals for anv future reductions in Local Government Aid are defeated. Thanks again for your support of my LMC candidacy and for considering this Resolution. If you have any questions, please call me at 298-4473. r gards, BOB NG Councilmember • Council File # b -6 k7 Green Sheet # /8 9ocC4 RESOLUTION ITY OF SAINT PAUL, MINNESOTA • J Presented By \� Referred To Committee: Date 3 WHEREAS, the State of Minnesota enacted a 3% State sales tax in 1967 with the promise to voters 5 that the money would be returned to them in the in the form of lower property tax relief for 5 property tax payers; and WHEREAS, in 1991 the Governor and State Legislature approved the addition of a 1% increase in the State sales tax, raising it from 6% to 61/2% to fund the Local Government Trust Fund which was :0 created to continue the State's commitment to local property tax relief; and 11 :2 WHEREAS, each year local governments are forced to combat continued attempts to reduce the 13 Ievels of State revenue dedicated to local property tax relief through cuts in programs such as Local :4 Government Aid; and :6 WHEREAS, it is anticipated that the State will face another budget deficit in 1993, making cuts in 17 local property tax relief programs tempting ways to solve the State's budget problems; and :8 :9 WHEREAS, Governor Carlson has already publicly announced that he will concentrate on :0 eliminating local property tax relief programs during the upcoming legislative session; and • :1 :2 WHEREAS, the City of Saint Paul has previously passed resolution #91-2167 supporting continued :3 State support of local property tax relief programs at existing levels; and :4 :5 WHEREAS, the City has also previously passed resolution #91-2168 supporting the passage of a 26 constitutional amendment by the Minnesota Legislature to dedicate one third of the state sales tax :7 revenue to local property tax relief programs; and 28 29 WHEREAS, the League of Minnesota Cities and the Association of Metropolitan Municipalities 30 have not take formal positions supporting a constitutional amendment dedicating a portion of the 31 proceeds from the State sales tax to local property tax relief; now, therefore, be it ;3 RESOLVED, that the City of Saint Paul renews its support for a constitutional amendment 34 dedicating 2e of each 61e collected by the State sales tax to the Local Government Trust Fund; and 35 be it further 36 37 RESOLVED, that the City strongly urges that the League of Minnesota Cities and the Association 38 of Metropolitan Municipalities take official positions supporting a constitutional amendment 39 dedicating 2e of each 61/2e collected by the State sales tax to the Local Government Trust Fund; and =0 be it further =1 • , . 1 1,:K.774.1111;i,n:'.: VT 7.1.—tab RESOLVED, that the City requests that the League of Minnesota Cities begin coordinating a series of state-wide "Truth in Taxation" meetings with property taxpayers, to be held this fall, to educate the public and candidates for State elected offices on the issues regarding the need for a pvitutional amendment dedicating 2¢ of each 61/2¢ collected by the State sales tax to the Local ernment Trust Fund to protect local property tax relief funds from budget cuts during the 1993 Legislative Session. FURTHER RESOLVED, That the City of Saint Paul recognize the State budget constraints, and the City, as part of its support to the State will review its City services to ensure that there are cost efficiencies at the local government level . • - - - ----- ------ Yeas = I Absent Guerin Requested by Department of: i Lona i I Maccabee I ettman --- i 1 , Tnune G Wzlson By: _ Adopted by Council: Date MAY 2 6/1992 Form Approved by City Attorney Adoption Certig4d Counc' Secretary By /r / ) ' By: ' / / / �l • Approved by Mayor for Submission to (.' 3�`L Council Approved by Mayor: i Da e "Y 2;9 By: Pi 14 44/ By: 1 da Agenda Information Memo July 21, 1992 City Council Meeting • Item 2. State-Imposed Water Connection Fee—The City Administrator received correspondence from the City of St. Louis Park requesting that the City of Eagan join in with that City and other communities to oppose legislation that authorized the Minnesota Department of Health to assess a fee of $5.21 per water service connection to cover total State costs for the federally mandated program that increases the n ber of water parameters monitored from 23 to 83. Enclosed on pages(5/through (Syor your review are copies of a letter from St. Louis Park and correspondence that was received by the City of Eagan during the month of June from the Department of Health. There are several issues to consider in determining a course of action. 1) This matter will quickly become a rural versus metro debate, although, in reality, the issue is actually large cities versus small communities. 2) There is no relationship between the cost and the fees being collected. Eagan's numbers are about the same as St. Louis Park, about $75,000 in cost for $3,000-$4,000 worth of testing. 3) Although Eagan is right on the fringe with our lighting utility fee, the State has demonstrated no relationship between the users or beneficiaries of the service and those paying the bill. 4) It can be assumed that these charges will become more expensive as cities move from testing to correction. 5)This State subsidy of small users should be paid for out of the State-wide revenues if they want to have a subsidy. 6) If challenged, the State could fund this program from other aids, as such are already earmarked for cities. Unfortunately, this shifts the problem from billing an • additional user fee on the quarterly water and sewer bills to further lost sales tax which directly impacts property tax.. 7) This is simply another example of the mandate/funding problem between State government and local governments. Having analyzed the proposed user fees, it appears that the City should either address the fundamental question with the State of Minnesota as to who benefits and who pays and how many and which State operations are going to exist at the expense of cities or elect to pass this user fee on with the water and sewer monthly charges. f • CITY OF ST. LouIs ARK • P MEMORANDUM TO: Ken Rosland, City Manager, Edina Mark Bernhardson, City Manager, Bloomington Jim Prosser, City Manager, Richfield Bill Joynes, City Manager, Golden Valley Jon Elam, City Manager, Maple Grove Craig Rapp, City Manager, Brooklyn Park Jim Miller, City Manager, Minnetonka Jim Willis, City Manager, Plymouth Tom Hedges, City Manager, Eagan Steve Sarkozy, City Manager, Roseville Dave Childs, City Manager, New Brighton Don Slater, League of Minnesota Cities Vern Peterson, Association of Metropolitan Municipalities FROM: Bill Dixon, City Manager, City of St. Louis Park f3 U0',2, DATE: July 8, 1992 • SUBJ: State-imposed water connection fee Commissioner Marlene Marschall of the Minnesota Department of Health recently mailed the attached memorandum to city officials throughout the State. In the memo, Commissioner Marschall indicates that the 1992 State legislative session authorized the Minnesota Department of Health to assess a fee of $5.21 per water service connection to cover total State costs of the Federally-mandated program that increases the number of water parameters monitored from 23 to 83. The St. Louis Park City Council has considered the fee imposed by the Legislature and concluded that the fee may be unreasonable because it far exceeds the cost of the service rendered. For example, the fee imposed on the City of St. Louis Park would produce nearly $70,000 for the State whereas the cost of the testing in question is estimated at $3,500. It appears that water customers in larger communities would be subsidizing water customers in smaller communities. At its July 6 meeting, the St. Louis Park City Council directed staff to review the possibility of legal action regarding this legislation • 5005 Minnetonka Bou - . ouis Park, Minnesota 55416-2290 Phone: 612-924-25:00 Fax: 612-924-2663 Prin!ra nr, recycled paper State-imposed water connection fee • July 8, 1992 2. and to explore the interest of other suburban municipalities in joining such litigation should it be initiated by the City. Please note that the City of St. Louis Park is not opposed to the Federal legislation that increases the extent of water testing. The City's concern is the method of calculating the charge being assessed to municipalities and their water customers by the State. We would appreciate an expression of interest on behalf of your City as to its interest in joining possible litigation on this matter. • Please return the enclosed response form by Friday, August 7, 1992. Thank you for considering this matter. attch (2) • • l Minnesota Department of Health ///// 7? Division of Environmental Health • 9p2 Delaware Street Southeast P.O. Box 59040 Minneapolis, MN 55459-0040 (612) 627-5100 DATE: June 10, 1992 TO : City Councils, Town ip Boards, Rural Water Districts FROM: Marlene E. Marsc lei Commissioner � • Protecting the health of people consuming water from public water supplies is a responsibility that the Minnesota Department of Health (MDH) assumes from the federal government. In Minnesota, the MDH must enforce the requirements of the federal Safe Drinking Water Act, and regulations developed by the U.S: Environmental Protection Agency for providing safe drinking water. The federal government has determined that the numbers of parameters monitored should increase from 23 to 83 parameters. During the 1992 state legislative session, the MDH was authorized to assess a fee of $5.21 per water service connection to cover the total state costs of the program. The fee is to be paid by a public water supply owned or operated by a city, town or water user district. (Laws of Minnesota 1992, Chapter 513, Article 6, Section 2.) This is to notify you o f the following: 1. You must collect $5.21 annually from every service connection served by your water • supply as of July 1 of that year. 2. You must pay the Department of Revenue one fourth of the total yearly fee each calendar quarter. The first quarterly payment is due on or before September 30, 1992. A water supply with fewer than 50 service connections may make one payment annually starting no later than June 30, 1993. 3. If you do not submit payment within 30 days of the due date, you must pay an additional late fee. The late fee is 5 percent of the actual amount of the fees collected on service connections. To assist with the payment of the fee, the MDH will soon be distributing coupon booklets that will aid you in returning the fee amount to the Department of Revenue. To inform the MDH of the number of service connections served by your water supply, we request that you return the enclosed postcard by July 15, 1992. To inform your water supply customers of the fee, we suggest a way to describe the fee is, "Fee for safe drinking water testing program mandated by federal law." We hope to make collection of this fee as simple as possible. Public water supply staff are available to answer questions concerning the fee collection requirements at 612/627-5170. We would like to hear any suggestions you may have to ease this process. We are aware • of some confusion regarding the effective date of this legislation. After consulting ith the Attorney General 's office we have concluded that the laws support collection this fee at this time. Thank you for your cooperation in this effort. We know you share our concern that safe drinking water continue to be provided to the citizens of Minnesota. MEM:VLR:mjk cc: Water Operator S7) RESPONSE FORM • POSSIBLE CHALLENGE TO STATE-IMPOSED FEE FOR WATER TESTING The City of is interested in joining the City of St. Louis Park in a possible challenge of the recently- enacted charge of $5.21 per customer authorized by the 1992 Minnesota Legislature. The City of is not interested in joining the City of St. Louis Park in a possible challenge of the recently- enacted charge of $5.21 per customer authorized by the 1992 Legislature. • Please return this form by Friday, August 7, 1992 to: Bill Dixon • City Manager City of St. Louis Park 5005 Minnetonka Blvd. St. Louis Park, MN 55416 Thank you! • 1 .� police department PATRICK J.GEAGAN Chief of Police KENNETH D.ASZMAN city of ecigan Operations Captain 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122-1897 Mayor PHONE:(612)681-4700 FAX:(612)681-4738 PATRICIA AWADA PAMELA McCREA TIM PAWLENTY THEODORE WACHTER July 15, 1992 Council Members THOMAS HEDGES TO: TOM HEDGES, CITY ADMINISTRATOR , City Adminhnstrator EUGENE VAN OVERBEKE FROM: PAT GEAGAN, CHIEF OF POLICE-''',") City Clerk SUBJECT: LIQUOR INVESTIGATION/BEER LICENSE FOR PICCOLO'S PIZZA, On July 14 , 1992, I spoke with Wallace Boudreau regarding his Beer/Wine License Application. I informed Mr. Boudreau that, as long as he is the Active Manager of the business, the Police Department is not willing to recommend approval to the City Council due to his alcohol abuse. During our conversation Mr. Boudreau indicated that although his last D.U. I. Offense was in September, 1991, he had to complete a rehabilitation course in May, 1992 , as he had started to drink again. Mr. Boudreau indicated he is attempting to overcome this problem. I informed Mr. Boudreau that the Police Department would be willing to review the application a year from this date, to determine how successful he has been with his alcohol abuse problem. This department has been involved with two separate liquor licenses where the manager has abused alcohol. In both those cases we had significant problems with the place of business, such as late hours and excessive alcohol use by patrons. With this history, we would be reluctant to recommend approval for someone who is currently abusing alcohol. Patrick J. Geagan Chief of Police PGJ: lb CC: Jerry Meszaros, Operations Lieutenant John Stevenson, Investigator Liquor License File THE LONE OAK TREE . . . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer < CITY OF L. GAN APPLICATION FOR Mt ; SAGE THERAPY ESTABLISHMENT OR MASSAGE THERAPIST BUSINESS LICENSE PART II: Directions: This form must be filled out by typewriter or by printing in ink by the sole owner, by each partner, by each officer or director, by each manager, proprietor or other agent in charge of the premises, by rwc 1\ ke_ O'lk) each person who by combined ownership or control has an interest P - 83-0458 in a corporation or association in excess of 5%, or by each , ;"-B v_5 0-017) w3-I al individual seeking a massage therapist license. TRUE NAME: prc. A "_ ern(3(� '1 m R Li✓ First Full Middle Maiden Last RESIDENCE ADDRESS: 14/01r7 CYl p,-l)o rz * ve- h1 . •. Street City State/ ip BUSINESS NAME: — . -�� ZY(... . •t IaQQ� BUSINESS ADDRESS: 30 7 5 Pcbul • . lJ a r4gie 1A (\nl1 55057 dQ Street City State/Zip PLACE OF BIRTH: Ci16. 11 /.1Q/ . City County State DOB HEIGHT: .561" WEIGHT: 11---1 O COLOR OF HAIR: ti:q EYES: U. S. CITIZEN? Yes X Naturalized? Yes If yes, give date/place No No MARITAL STATUS: Married X Single Divorced 1. Is the applicant licensed in any other community? Yes No yes,es, where: • • • ► ..■al.:• ,ta u ► • a. � �a ; � 01 C, • •r -_7 IJ. r el: CIA Trop .• 'c - . Cent. 2. Has the applicant been denied massage therapist license by any licensing authority? Yes No _ If yes, describer 3. Each applicant for a massage therapist license shall furnish, with the application, proof of the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school. 1 Each applicant shall also furnish proof at the time of application, of a minimum of 100 hours of successfully completed course work in the following areas: a. The theory and practice of massage, including, but not limited to, Swedish, Esalen, Shiatsu, and/or Foot Reflexology techniques; and b. Anatomy, including, but not limited to, skeletal and muscular structure and organ placement; and c. Hygiene. 4. If you have ever used or been known by a name or names other than the true name given above, list such name(s) and information concerning dates and places used. 0/Pic Attach photo. 5. Address(es) at which you have lived during preceding five years. (°egin with 4:21310.r last address and work back. No. & Street City & State Dates rnc0A ;n 4-o irr.A 6The- 41(p f >soo t- n\l e , . "e {Y1 V Igo V ►30 n°t • • - a ••i •_C I _ . •.. &.i •_ 11 . J Psi 6. Kind, name and location of every business or occupation you have been engaged in during preceding five years. Begin with present or last occupation and work back. Business or Occupation Street Address City/State fY1 rgs ,e - ' •• : • •t • . • • v� 1 l lr�i1 1 • :. •a ► �•..� [:i� 1 �I�)�I. •aa_al111 .alb • a a•.r • iA • L' 1. s. •M►W ��i� •�� 7. Names and addresses of your employers and partners, if any, for the preceding five years. (Begin with the present or last one first and work back.) Name Address City/State/Zip am'Q ( 2 Yes No X . If yes, give information as to the time, place and offense for which convictions were had: 9. List the names, residences, and business addresses of three people, (prefer residents of Dakota County) of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character: Name P1k V i t - ��S�4 -Zso kt Sc Phone 454-7oa-\ Address 14-11 B 2► -"T. acc S. CPS Business Address Name .-Be cKc Ci v — /fie rzob ic_ Phone Sol Address 645-937g Business Address e55 C_ rr _ Name \c k bp , Phone 5d7 Address . • .. . e •_ ►. 4- . .- . 1114 c . , , — • Business Address _ -Q •lam * - . -. mow L_ Date: ignature of Applicant Subscribed and sworn to before me this irk day of dine , 191? ELIZABETH A. WITT Si NOTARY PUBLIC-MINNESOTA �/(_)LZ- '(seal) DAKOTA COUNTY My commission expires 2-16-97 Notary Public ^^ ^. Howard E.Pakola 3 Barbera T.Pakola 4617 Manor Drive Eagan,MN 55123 police department PATRICK J.GEAGAN Yft.2. V% • Chief of Police r KENNETH D.ASZMANN —_city of aagan Operations Captain 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122-1897 Mayor PHONE:(612)681-4700 FAX:(612)681-4738 PATRICIA AWADA PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members July 8 , 1992 THOMAS HEDGES City Admininstrator EUGENE VAN OVERBEKE City Clerk TO: LT. JERRY MESZAROS FROM: INV. JOHN STEVENSON SUBJECT: APPLICATION FOR MASSAGE THERAPY LICENSE I. Introduction This is a summary of an investigation into the application for massage therapy license by a Barbara Tamble Pakola. This license was submitted on June 19, 1992. II . License Type This will be a massage therapy license. IIL. Business name N/A IV. Applicant The applicant for this license is a Barbara Tamble Pakola. Her residence address is 4617 Manor Drive in Eagan, 55123 . The applicant was born on 11/30/59 in St. Paul, Minnesota. The applicant's home phone number is 612-683-0458 and the applicant's current business telephone number is 507-663-1271. V. Investigation The applicant, Barbara Pakola submitted documentation stating that she has completed a 386 hour sports practitioner certificate program through the Minneapolis School of Massage Inc. She has also submitted letters from the Northfield Chiropractic Health Center (Dr. Kurt B. Hornnes and Dr. N. Peter Haugen, both chiropractors at the Northfield Chiropractic Health Center) . The applicant THE LONE OAK TREE . . . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY / Equal Opportunity/Affirmative Action Employer • has also submitted a letter from the Total Fitness Center in Northfield, Minnesota, from a Stephen D. Melby, who is the general manager, as well as a recommendation by a Daniel N. Kaasa, who is a director of the Epic Center in Minneapolis. Finally, the applicant has submitted her evaluations of her classes at the Minneapolis School of Massage. I contacted the Minneapolis School of Massage and learned from them that although they are not accredited by the American Massage Therapist Association, they are currently looking at state accreditation and they are accredited through the A.B.M.P. which stands for The Association of Body Works and Massage Professionals out of Evergreen, Colorado. I spoke to a Joanne at the Minneapolis School of Massage and learned that they have been in business for seventeen years and Joanne did verify the school records as well as the graduation records of Barbara Pakola. I contacted a Wendy at the Association of Body Works and Massage Professionals in Colorado. She gave me the address of 29713 Troutdale Scenic Drive in Evergreen, Colorado, 80439, phone number of 303-674-8478. Wendy described their organization as a membership organization where the major function being the distribution of information about massage therapy professionals as well as a clearing house for insurance and other benefits for the members. Wendy stated that they do a thorough background check of any school that is applying for association through their organization and they do follow up investigation. Wendy also stated they currently have eight to nine thousand members on an international basis. I contacted Barbara Pakola because I did not see a location on her application where she expects to conduct business. Miss Pakola informed me she does not have a location chosen yet and that she was attempting to get licensed through the City of Eagan so she can start making business arrangements with a chiropractor in the area. She stated a chiropractor needs her to be licensed before he can negotiate a contract between them. She stated that she does not intend to continue with her out call basis of massages and I did inform her those would be illegal under our ordinance. She did not realize that the City of Eagan license would not apply to her in other cities and was in fact planning on working at the Regency Hotel in Bloomington. I did inform her she would have to contact Bloomington Police Department for licensing at that hotel. VI. Conclusion After completing this investigation, I conclude there is no reason to deny Barbara Pakola a license to do massage therapy in the City of Eagan with the following stipulations. a. Before licensing, Barbara Pakola still has to submit a medical certificate from a duly licensed physician stating that she does not have any communicable disease and she must also supply a front and side view photograph of herself. b. Any license would be contingent upon 'her getting a license of the premises that she would be conducting her business on, if that business does a license health care facility. • . ohn Stevenson #34 nvestigator JS/km t 4 /0 i 10 aY t DEERWOOD DEERWOOD OF EAGAN HOMEOWNERS ASSOCIATION __ July 12, 1992 Dr. R.J. Rehwaldt Superintendent School District#196 14445 Diamond Path Rosemount, MN 55068-4199 Dear Dr. Rehwaldt: Enclosed with this letter is a petition signed by over 120 residents in the Deerwood Elementary School area. All of these residents are united in their deep concern over the safety issues surrounding the planned primary access road to the new District#196 middle school. The petition was developed and circulated only during the past two days; many more names are forthcoming. Present plans call for the middle school and the elementary school to share the same private access drive. Over 140 children in the Deerwood of Eagan development alone, all of whom walk to school, will be forced to cross the road to get to the school or adjacent play area. This creates an unnecessary hazard to our children's safety that must not be ignored. Other alternatives exist and should be pursued. These concerns have previously been brought to the school district's attention. At the public hearings, the city planner and several residents spoke strongly against the proposed access road. Since our concerns have not been addressed, we must once again speak out and make our voices heard. We can not let this issue be swept aside when our children's safety is at risk. We request an immediate response to this petition before construction of the access road progresses further. Cooperation now is far easier than trying to rectify the situation later on. The Deerwood of Eagan Homeowner's Association has formed a Child Safety Committee to coordinate communication with the city and the school district. Committee member names are listed below. The key contact is Mark D. Strobel. In closing, we'd like to commend the school district for its efforts on the new middle school. It is certainly a first-class public facility that will serve well the needs of the 2 community. However, a serious safety problem exists and together we must find a mutually-acceptable solution. Please contact any of the Committee members at your earliest convenience. We are available immediately to meet and discuss the issues. Yours sincerely, Saf) 101474 r Mark D. Strobel Dr. William Brustein Chairperson, Deerwood of Eagan Committee Member, Child Safety Committee Child Safety Committee • Home: 452-8635 Home: 683-1119 Work: 941-9470 Work: 624-4842 Josepfi Rusche Jerry Gilman Committee Member, Committee Member, Child Safety Committee Child Safety Committee Home: 452-4540 Home: 686-0754 Work: 854-4244 Work: 342-2185 Monte Carney / Steve Unvergazt Vice President, Treasurer, Deerwood of Eagan Deerwood of Eagan Homeowner's Association Homeowner's Association Home: 687-9607 Home: 683-0226 Work: 885-0801 cc: John Marshalla Susan Duggan Neil Charpentier Don Westerhausen Bob Schutte Jackie Magnuson Margaret Gohman Lynn Harris Dr. John 0. Hanson Tom Egan, Mayor of Eagan, MN Thomas A. Schwartz, Principal, Deerwood Elementary School Neighborhood Petition To Independent School District #196 We, the undersigned residents of Eagan, Minnesota, are deeply concerned with the safety issues regarding the planned primary access road to the new Eagan middle school. While we enthusiastically support the middle school project, we feel very strongly that the planned access road seriously jeopardizes the safety of our children. Specifically, the planned access road uses the existing Deerwood Elementary School private drive that is located directly between the elementary school and the Deerwood of Eagan neighborhood. This neighborhood has eighty-four families with over 140 children. Additionally, north and south of the elementary school are planned and existing neighborhoods which will add hundreds of other children. Most of these children walk to school and to the adjoining play area and must cross this private drive. Although crossing guards are available during school hours, we are especially concerned with the high volumes of traffic during the evenings, weekends and summer break. Middle schools are used heavily during these periods for community events like concerts, sports and public swimming. According to the current plan, all such traffic must use this single private drive. This issue is of great concern to us. We are deeply concerned about the safety of our children. Alternatives to the current plan exist and must be implemented. We ask the School District to work with us and the City of Eagan Planning Department, mayor and City Council to find a solution to this very serious problem. f r 1. �� Ze.-11,, -/.�r�/1 ' �-/ z1( 0 ; D2,0„(-,,,ot -! T , 1 ii______ IA, t o 4-(DG tud-bv,;, NJ 2. ,bl Or 3. (, liti� '/'/ 4 D( '17:C iaa;0c 1 P 41 a» ,t-1. -L ,�.. i� .— `7�l'�Z- yl- ��c c v��i� /✓`r . 5. S.. ..."6,/, ,A 4/ ` �, f i I 6. u,, fr\o,vvkii&-‘\„------ q i � Ofz ,;c, �A r LL 7. 7/ 'r4 ; 4ij 1 3.3 e-ra-)e T/ict-(. 8. /I ti %2./ 9. 6.,,..)[�� 7- -,' --,- , ( --ry '((=, ' AiNie/761. If it 10.,a VICL ( i t �/ '�1G.tL4.w7 r�1 l�w� Neighborhood Petition To Independent School District #196 We, the undersigned residents of Eagan, Minnesota, are deeply concerned with the safety issues regarding the planned primary access road to the new Eagan middle school. While we enthusiastically support the middle school project, we feel very strongly that the planned access road seriously jeopardizes the safety of our children. Specifically, the planned access road uses the existing Deerwood Elementary School private drive that is located directly between the elementary school and the Deerwood of Eagan neighborhood. This neighborhood has eighty-four families with over 140 children. Additionally, north and south of the elementary school are planned and existing neighborhoods which will add hundreds of other children. Most of these children walk to school and to the adjoining play area and must cross this private drive. Although crossing guards are available during school hours, we are especially concerned with the high volumes of traffic during the evenings, weekends and summer break. Middle schools are used heavily during these periods for community events like concerts, sports and public swimming. According to the current plan, all such traffic must use this single private drive. This issue is of great concern to us. We are deeply concerned about the safety of our children. Alternatives to the current plan exist and must be implemented. We ask the School District to work with us and the City of Eagan Planning Department, mayor and City Council to find a solution to this very serious problem. 1. OL 4-e4' ({d3 ;- .(1aci 1°I 2. I CO' Li 4g (6P Prw` T1-zy-v: 4_ v ce- 4j,,x Tom ,' I "4010V 3. 4. . r yLZ' / A /L 5. _r---/--e–e--e_ / ,/ 7L/,.3 .-/ /LI P rc-voca/>9c 6. 4103'7 'A-4r(4-rm, r p 1 ` Valk* 4(0 K(D �Cerc-Cce_,Q irk\ 7.8. 7 . I ii g y e r'-�&od P 9. c--.. ,,,,-1 - 244r,/„.___ Lj�,s---y / i-- z ai,o:', I'X.,71-7 10. 6 ti7 *0'V tAriczt ----A,e _ ca_. Neighborhood Petition To Independent School District #196 We, the undersigned residents of Eagan, Minnesota, are deeply concerned with the safety issues regarding the planned primary access road to the new Eagan middle school. While we enthusiastically support the middle school project, we feel very strongly that the planned access road seriously jeopardizes the safety of our children. Specifically, the planned access road uses the existing Deerwood Elementary School private drive that is located directly between the elementary school and the Deerwood of Eagan neighborhood. This neighborhood has eighty-four families with over 140 children. Additionally, north and south of the elementary school are planned and existing neighborhoods which will add hundreds of other children. Most of these children walk to school and to the adjoining play area and must cross this private drive. Although crossing guards are available during school hours, we are especially concerned with the high volumes of traffic during the evenings, weekends and summer break. Middle schools are used heavily during these periods for community events like concerts, sports and public swimming. According to the current plan, all such traffic must use this single private drive. This issue is of great concern to us. We are deeply concerned about the safety of our children. Alternatives to the current plan exist and must be implemented. We ask the School District to work with us and the City of Eagan Planning Department, mayor and City Council to find a sol tion to this very serious problem. 1. ��T 2. 4 // (4j3±,c7/z7L 3.4, f�'� yas r ac-e, /e/ 5. �A. r 7 3 3 AI( 6. cz ( ) war 8. , 410 . Iy33 . "f✓;.inJ 9. L , c,1(m,te-t 1(4-36 ,e0 10. 11 _ . .,-�/� ,--,-'7' p, 3 -- Neighborhood Petition To Independent School District #196 We, the undersigned residents of Eagan, Minnesota, are deeply concerned with the safety issues regarding the planned primary access road to the new Eagan middle school. While we enthusiastically support the middle school project, we feel very strongly that the planned access road seriously jeopardizes the safety of our children. Specifically, the planned access road uses the existing Deerwood Elementary School private drive that is located directly between the elementary school and the Deerwood of Eagan neighborhood. This neighborhood has eighty-four families with over 140 children. Additionally, north and south of the elementary school are planned and existing neighborhoods which will add hundreds of other children. Most of these children walk to school and to the adjoining play area and must cross this private drive. Although crossing guards are available during school hours, we are especially concerned with the high volumes of traffic during the evenings, weekends and summer break. Middle schools are used heavily during these periods for community events like concerts, sports and public swimming. According to the current plan, all such traffic must use this single private drive. This issue is of great concern to us. We are deeply concerned about the safety of our children. Alternatives to the current plan exist and must be implemented. We ask the School District to work with us and the City of Eagan Planning Department, mayor and City Council to find a solution to this very serious problem. 1. L4t4 . �� ' / / �i dt k /Y‘7t7 A-(7( C7/ 3. ; -t N-7 ( -A--b c. C=�- 649-f-mi 4. pac 1471 6_60 k 5. /1• ifri7y 6. 0,1 C'Le � 1 ��( koLL-) ((Liu ea4 7. �-, 1 S 4)3 /2,4L0 8. Ua� 457):21- /4_. '���✓ 9. = . A- - w • �4 Q j - 10. X93 r.(1.7 L. �� �� Neighborhood Petition To Independent School District #196 We, the undersigned residents of Eagan, Minnesota, are deeply concerned with the safety issues regarding the planned primary access road to the new Eagan middle school. While we enthusiastically support the middle school project, we feel very strongly that the planned access road seriously jeopardizes the safety of our children. Specifically, the planned access road uses the existing Deerwood Elementary School private drive that is located directly between the elementary school and the Deerwood of Eagan neighborhood. This neighborhood has eighty-four families with over 140 children. Additionally, north and south of the elementary school are planned and existing neighborhoods which will add hundreds of other children. Most of these children walk to school and to the adjoining play area and must cross this private drive. Although crossing guards are available during school hours, we are especially concerned with the high volumes of traffic during the evenings, weekends and summer break. Middle schools are used heavily during these periods for community events like concerts, sports and public swimming. According to the current plan, all such traffic must use this single private drive. This issue is of great concern to us. We are deeply concerned about the safety of our children. Alternatives to the current plan exist and must be implemented. We ask the School District to work with us and the City of Eagan Planning Department, mayor and City Council to find a solution to this very serious problem. 1. S tA,` — \XC0 v p)5'� ,6_ 7,4,triz ; i,(d 2. zleZ e 3/493-s- d IV / . ' Iii U i0, •• r 4. , .Wi t-(0-r( (Deeru)tbil T(c-. 5. / / . 40 0)2S 7ev TL 6. 7... _ 41 A ir•� 4 t'/2 �) c i,(a :-4, VV ,,nn 7. ( '60 ' / C7 G ) lie i((ki(2)0,0( V (rQ-0 8. (I i ' • , ("105a DeeA w Pa.cQ. 9. a4A-I,xk yo5-c .0.-tt/twdod P).(-(.e 7 , z,( 10/7/aia/a.. _ ,-,i6L_. 47, 3/y 0,gizwee Ak,e_____ _ 5-- Neighborhood Petition To Independent School District #196 We, the undersigned residents of Eagan, Minnesota, are deeply concerned with the safety issues regarding the planned primary access road to the new Eagan middle school. While we enthusiastically support the middle school project, we feel very strongly that the planned access road seriously jeopardizes the safety of our children. Specifically, the planned access road uses the existing Deerwood Elementary School private drive that is located directly between the elementary school and the Deerwood of Eagan neighborhood. This neighborhood has eighty-four families with over 140 children. Additionally, north and south of the elementary school are planned and existing neighborhoods which will add hundreds of other children. Most of these children walk to school and to the adjoining play area and must cross this private drive. Although crossing guards are available during school hours, we are especially concerned with the high volumes of traffic during the evenings, weekends and summer break. Middle schools are used heavily during these periods for community events like concerts, sports and public swimming. According to the current plan, all such traffic must use this single private drive. This issue is of great concern to us. We are deeply concerned about the safety of our children. Alternatives to the current plan exist and must be implemented. We ask the School District to work with us and the City of Eagan Planning Department, mayor and City Council to find a solution to this very serious problem. / // 3DJ .17\ 2. J101/ ��,V,I Ii'/ Efk. v(Y' .7/?L- f 3. �,�-er 1'ec kfJ' / .)/ 4Zi L C 4. l''' - ,✓.'3t ' 69 7 A': /7!-d' , 5. /i //7(1 _j- / 6. A_Oc.C_)„,6_, 7. .>' t--/ / ,v. / . '/J f7T;-( J . 8.jir_ i 9. , ,_, ,., vo33_ . - u.�zD p) 10. (4/ep - , ,/y,.--, 57o30 ii ��� c_5' PC' Neighborhood Petition To Independent School District #196 We, the undersigned residents of Eagan, Minnesota, are deeply concerned with the safety issues regarding the planned primary access road to the new Eagan middle school. While we enthusiastically support the middle school project, we feel very strongly that the planned access road seriously jeopardizes the safety of our children. Specifically, the planned access road uses the existing Deerwood Elementary School private drive that is located directly between the elementary school and the Deerwood of Eagan neighborhood. This neighborhood has eighty-four families with over 140 children. Additionally, north and south of the elementary school are planned and existing neighborhoods which will add hundreds of other children. Most of these children walk to school and to the adjoining play area and must cross this private drive. Although crossing guards are available during school hours, we are especially concerned with the high volumes of traffic during the evenings, weekends and summer break. Middle schools are used heavily during these periods for community events like concerts, sports and public swimming. According to the current plan, all such traffic must use this single private drive. This issue is of great concern to us. We are deeply concerned about the safety of our children. Alternatives to the current plan exist and must be implemented. We ask the School District to work with us and the City of Eagan Planning Department, mayor and City Council to find a solution to this very serious problem. 1. it/16g% e LtoS3 ,TheXtec691 7-/qq// 2. UZ vkfr-� 3. (,(t c/-14t 0S) atexzuocei /c 4. `16 7 e„• 5. / of - • 1-- 40 `tom/ O�--c4 c fit.! T11 6. �� , � 40fIce �t J P C�C� 4 . ! i 7. 41111t.. 0- l b 9. 4 - Y _ tfol3 Desz,Lurao 10. z71 .3 -`]— Neighborhood Petition To Independent School District #196 We, the undersigned residents of Eagan, Minnesota, are deeply concerned with the safety issues regarding the planned primary access road to the new Eagan middle school. While we enthusiastically support the middle school project, we feel very strongly that the planned access road seriously jeopardizes the safety of our children. Specifically, the planned access road uses the existing Deerwood Elementary School private drive that is located directly between the elementary school and the Deerwood of Eagan neighborhood. This neighborhood has eighty-four families with over 140 children. Additionally, north and south of the elementary school are planned and existing neighborhoods which will add hundreds of other children. Most of these children walk to school and to the adjoining play area and must cross this private drive. Although crossing guards are available during school hours, we are especially concerned with the high volumes of traffic during the evenings, weekends and summer break. Middle schools are used heavily during these periods for community events like concerts, sports and public swimming. According to the current plan, all such traffic must use this single private drive. This issue is of great concern to us. We are deeply concerned about the safety of our children. Alternatives to the current plan exist and must be implemented. We ask the School District to work with us and the City of Eagan Planning Department, mayor and City Council to find a solution to this very serious problem. 1. Ch/14.-/-741X - L( 7D 'j r ' v 3. A .211. / c4080 e5z c ro (77447 5. i ' !' UPS , / 6. " ti1 .ems (71D � Q Pr tO0 uQ 7. 0 CJ(fir,. 4/0'7=2 ibliPi•_524-1.4771) jele.3,j 8. 2 .e-I/etz.4,1'11- AZe 9. Jl�`/ ; Uzio COO 08 `rE° . • 10. 1-1(a€,? , f),Q ( �g_ Neighborhood Petition To Independent School District #196 We, the undersigned residents of Eagan, Minnesota, are deeply concerned with the safety issues regarding the planned primary access road to the new Eagan middle school. While we enthusiastically support the middle school project, we feel very strongly that the planned access road seriously jeopardizes the safety of our children. Specifically, the planned access road uses the existing Deerwood Elementary School private drive that is located directly between the elementary school and the Deerwood of Eagan neighborhood. This neighborhood has eighty-four families with over 140 children. Additionally, north and south of the elementary school are planned and existing neighborhoods which will add hundreds of other children. Most of these children walk to school and to the adjoining play area and must cross this private drive. Although crossing guards are available during school hours, we are especially concerned with the high volumes of traffic during the evenings, weekends and summer break. Middle schools are used heavily during these periods for community events like concerts, sports and public swimming. According to the current plan, all such traffic must use this single private drive. This issue is of great concern to us. We are deeply concerned about the safety of our children. Alternatives to the current plan exist and must be implemented. We ask the School District to work with us and the City of Eagan Planning Department, mayor and City Council to find a o, Lion to this very serious problem. 4-e_d_i)leja)c4A 1. ,. / . . 2. / � . - 3. -7� 4. -- `f�D 0eevccJr ' /`� l 5. 41111 i itAAA_, '-/:00 • ' )-erX I_/1 o 6. • I LUNG_ -G, L0!D , ufscr0 0 L 7. .- 8. al.,w-X . ° �t`t�- ( 1Q_ 9. _ Lir 10. 1\( . I I CC A I r co - ©c&, (2g-6 Cee(r Lad Tc. Neighborhood Petition To Independent School District #196 We, the undersigned residents of Eagan, Minnesota, are deeply concerned with the safety issues regarding the planned primary access road to the new Eagan middle school. While we enthusiastically support the middle school project, we feel very strongly that the planned access road seriously jeopardizes the safety of our children. Specifically, the planned access road uses the existing Deerwood Elementary School private drive that is located directly between the elementary school and the Deerwood of Eagan neighborhood. This neighborhood has eighty-four families with over 140 children. Additionally, north and south of the elementary school are planned and existing neighborhoods which will add hundreds of other children. Most of these children walk to school and to the adjoining play area and must cross this private drive. Although crossing guards are available during school hours, we are especially concerned with the high volumes of traffic during the evenings, weekends and summer break. Middle schools are used heavily during these periods for community events like concerts, sports and public swimming. According to the current plan, all such traffic must use this single private drive. This issue is of great concern to us. We are deeply concerned about the safety of our children. Alternatives to the current plan exist and must be implemented. We ask the School District to work with us and the City of Eagan Planning Department, mayor and City Council to find a solution to this very serious sserrious problem. 1. ,x'� a k-1.- v✓c.s , 'r`l `� �' 'ice 1.� U d 2. 7% iC) l S l ,,v1 y--0 I riril r I 3. ��l�,� 7 -2,(67S7 G.X D 4. ify(�L / Y 2 DE 2 �� .,4) C 5 - I .r ,r 1 4 2 d • L ` 6. , I4Q°) EE W 0<--)D CT- �s 7. / � �� � /9// a 'k7 64--LeV 8. r.GCz %�(/> �e 9. 10. 'f / __ / /// i i' 1 / U/ to - Neighborhood Petition To Independent School District #196 We, the undersigned residents of Eagan, Minnesota, are deeply concerned with the safety issues regarding the planned primary access road to the new Eagan middle school. While we enthusiastically support the middle school project, we feel very strongly that the planned access road seriously jeopardizes the safety of our children. Specifically, the planned access road uses the existing Deerwood Elementary School private drive that is located directly between the elementary school and the Deerwood of Eagan neighborhood. This neighborhood has eighty-four families with over 140 children. Additionally, north and south of the elementary school are planned and existing neighborhoods which will add hundreds of other children. Most of these children walk to school and to the adjoining play area and must cross this private drive. Although crossing guards are available during school hours, we are especially concerned with the high volumes of traffic during the evenings, weekends and summer break. Middle schools are used heavily during these periods for community events like concerts, sports and public swimming. According to the current plan, all such traffic must use this single private drive. This issue is of great concern to us. We are deeply concerned about the safety of our children. Alternatives to the current plan exist and must be implemented. We ask the School District to work with us and the City of Eagan Planning Department, mayor and City Council to find a solution to this very serious problem. 1. 1143g 'D,, ,U co a 3. Y ? HOG G 4. a)//" `J J 5. � � ���� ��,11a./ (10 .< 6. �/�661 I1-1o3 7. LI A 8. 4 r Li 0-1..4 9. / ( l'r ( Aar / 4-flt 6 6 rwcv 10. ICCt ���� Neighborhood Petition To Independent School District #196 We, the undersigned residents of Eagan, Minnesota, are deeply concerned with the safety issues regarding the planned primary access road to the new Eagan middle school. While we enthusiastically support the middle school project, we feel very strongly that the planned access road seriously jeopardizes the safety of our children. Specifically, the planned access road uses the existing Deerwood Elementary School private drive that is located directly between the elementary school and the Deerwood of Eagan neighborhood. This neighborhood has eighty-four families with over 140 children. Additionally, north and south of the elementary school are planned and existing neighborhoods which will add hundreds of other children. Most of these children walk to school and to the adjoining play area and must cross this private drive. Although crossing guards are available during school hours, we are especially concerned with the high volumes of traffic during the evenings, weekends and summer break. Middle schools are used heavily during these periods for community events like concerts, sports and public swimming. According to the current plan, all such traffic must use this single private drive. This issue is of great concern to us. We are deeply concerned about the safety of our children. Alternatives to the current plan exist and must be implemented. We ask the School District to work with us and the City of Eagan Planning Department, mayor and City Council to find a solution to this very serious problem. 1. (24,--61 ,,,.__L_,-(4----(-/k...."-- _, 1 `i ZS' .°E �-•---0�d,. -7 Z-4,3-',-7 -ed /el- 2. ,„ /el/ . .- L-'?" :,e "iie 9flee/1-ev-e-ez, (gi,e-,--- S `') z� 3. --i-i ,r�,�c,_{- Y.,s .kiJ '-10I 2n_c.L d' -CLt 0 4. 1>z- w 11 --'1,1/Y1 4 13 1lZi r kn)tia l ) ∎(?1,1 1 5. V )✓t 111 c'1. 7 , ? n c -rl Sa►'KLi, , ,3i,6J✓ i 6. �%rZ 2-t t k 2 z w c:G ;7 -Ma_ dC. 7. L-R-v ) L ,_D,,,,L.,,,7 o, T/ 4,I 8. ij �/��1 ., i.i-/ ./c/)--- % Ilk l/�7-/<'l✓e<+.0 //Z-i 4.L A.796 9. 10. 1Z Neighborhood Petition To Independent School District #196 We, the undersigned residents of Eagan, Minnesota, are deeply concerned with the safety issues regarding the planned primary access road to the new Eagan middle school. While we enthusiastically support the middle school project, we feel very strongly that the planned access road seriously jeopardizes the safety of our children. Specifically, the planned access road uses the existing Deerwood Elementary School private drive that is located directly between the elementary school and the Deerwood of Eagan neighborhood. This neighborhood has eighty-four families with over 140 children. Additionally, north and south of the elementary school are planned and existing neighborhoods which will add hundreds of other children. Most of these children walk to school and to the adjoining play area and must cross this private drive. Although crossing guards are available during school hours, we are especially concerned with the high volumes of traffic during the evenings, weekends and summer break. Middle schools are used heavily during these periods for community events like concerts, sports and public swimming. According to the current plan, all such traffic must use this single private drive. This issue is of great concern to us. We are deeply concerned about the safety of our children. Alternatives to the current plan exist and must be implemented. We ask the School District to work with us and the City of Eagan Planning Department, mayor and City Council to find a solution to this very serious problem. 1. �_ � 52. 2. �f&)c--Kk /LGy 3. 4. 5. 6. 7. 8. 9. 10. - 13 - Neighborhood Petition To Independent School District #196 We, the undersigned residents of Eagan, Minnesota, are deeply concerned with the safety issues regarding the planned primary access road to the new Eagan middle school. While we enthusiastically support the middle school project, we feel very strongly that the planned access road seriously jeopardizes the safety of our children. Specifically, the planned access road uses the existing Deerwood Elementary School private drive that is located directly between the elementary school and the Deerwood of Eagan neighborhood. This neighborhood has eighty-four families with over 140 children. Additionally, north and south of the elementary school are planned and existing neighborhoods which will add hundreds of other children. Most of these children walk to school and to the adjoining play area and must cross this private drive. Although crossing guards are available during school hours, we are especially concerned with the high volumes of traffic during the evenings, weekends and summer break. Middle schools are used heavily during these periods for community events like concerts, sports and public swimming. According to the current plan, all such traffic must use this single private drive. This issue is of great concern to us. We are deeply concerned about the safety of our children. Alternatives to the current plan exist and must be implemented. We ask the School District to work with us and the City of Eagan Planning Department, mayor and City Coun '1 to find a solution to this v y serious problem. 7 De-orcuc (-71, 2. r, ZI)e--e. _ 1/4) T/ ,,_ao J. 3. 4. 5. 6. 7. 8. 9. 10.