The URL can be used to link to this page

10/08/1992 - City Council Regularilr . AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING THURSDAY, October 8, 1992 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) i A. POLICE DEPARTMENT f 1. Hunting License B. PUBLIC WORKS DEPARTMENT 1. Petition for Children at Play Sign - Fairway Hills Drive P' IV. 6:55 - CONSENT AGENDA (PINK) f7. ‘1 /A. PERSONNEL ITEMS r. ( B. LICENSE, Cigarette for Walgreens, Cliff & Rahn Roads P,/to C. ELECTION Judges for November 3, 1.092, General Election 1, D. RESOLUTION Removing Specia]. Assessment, 10-58501-060-00, Donald & Mary O'Hearn WE. ADOPTION of Revised Gun Club Lake Watershed Management Organization Joint Powers Q- Agreement F. APPROVAL, 1993 MAC Part 150 Land Use Compatibility Eagan Participants 1G. CONTRACT 92-07, Acknowledge Completion/Authorize Final Payment (1992 Sealcoating) � „,41H. PROJECT 619, Acknowledge Completion (Saddlehorn Addition - Streetlights) p�x(11. MAINTENANCE IMPROVEMENT, Acknowledge Completion/Authorize Final Payment (Yankee Doodle 1 Reservoir Emergency Repair) lbJ. CONTRACT 92-06, Acknowledge Completion/Authorize Final Payment (Johnny Cake Ridge Road p & Cedar Industrial Park - Street Reconstruction () K. CONTRACT 91-06, Acknowledge Completion/Authorize Final Payment (Eagandale Center 1 Industrial Park 3rd & 4th - Street Reconstruction) r4aL. CONTRACT 88-YY, Acknowledge Completion/Authorize City Maintenance (Suncrest Addition - n Streets & Utilities) (7049k. PROJECT 622, Receive rinal Assessment Roll/Order Public Hearing (Cedar Industrial Park - Street Reconstruction) ekq N. PROJECT 608, Receive Final Assessment Roll/Order Public Hearing (Eagandale Center Industrial Park 3rd & 4th - Street Reconstruction) p.(90. VACATE Drainage & Utility Easement, Receive Petition/Order Public Hearing (Lot 10, Block 7, Zehnder Acres) ,.Sa P. FINAL PLAT, Poppler Homestead No.2 „ on.Q. FINAL PLAT, Deerwood School Second Addition p�s�( R. RESOLUTION Giving Ho,,-;L Approval to the Issuance of Health Care Revenue bonds, Series 1992 (Group Health 21an, Inc. , Project) V. 7:00 - PUBLIC HEARINGS (SALMON) 0(A. FINAL Assessment Hearing, Delinquent Weed Notices B. PROJECT 610, Final Assessment Hearing, Oaks of Bridgewater 2nd Addition - Streets & pqr Utilities !_c. PROJECT 613, Final Assessment Hearing, Willbrook Addition - Streets & Utilities Ptl PUBLIC HEARINGS (continued) el/� D. PROPOSAL to Issue Refunding Bonds or Notes to Prepay and Redeem the City' s $11,350,000 Multifamily Housing Revenue Bonds (Cinnamon Ridge Project) Series 1985 p� HOUSING & REDEVELOPMENT AUTHORITY MEETING P,-W A. RESOLUTION Providing for Subordination of Mortgage Securing Interest Rate Reduction Loan for Cinnamon Ridge Project VI. OLD BUSINESS (ORCHID) ?. (C) A. ASSESSMENT Rate Agreement, Lakeview Trails Addition - Streets & Utilities A"?'B. ORDINANCE Amendment, to Eagan City Code Chapter 8, Traffic Regulations, Special V / Vehicle Use by Handicapped .(0) C. VARIANCE, Ron Vescavage, of 15' to the 30' Required Setback from Public Right of Way, Located at Lot 8, Block 2, Ridgecliffe First Addition Ill D. LEXINGTON Addition/RTC Property, Land Use Study I. kilt. CONTRACT 92-12, Receive Bids/Award Contract, Poppler Addition, Streets & Storm Sewer Q.c(1 F. CONTRACT 92-12, Approve Change Order #1, Poppler Addition - Streets & Storm Sewer iti G. CANCEL Project 642, Crestridge Drive VII. NEW BUSINESS (TAN) fi.ltqA. LICENSE, On-Sale Liquor, Chili' s Southwest Grill & Bar, Duckwood Crossings fit2,11 B. SPECIAL USE PERMIT, Wendy Porter, d.b.a. Boy Scout Troop #510, for the Temporary Sale of Christmas Trees on Outlot A, Town Centre 70 - 11th Addition, Located in the NW 1/4 of Sec 15 )3 C. SPECIAL USE PERMIT, Valerie Tinker, d.b.a. Boy Scout Troop #345, for the Temporary el Sale of Christmas Trees on Outlot D, Park Center Addition, Located in the SW 1/4 of Sec 30 � t(206 D. SPECIAL USE PERMIT, Key Design, for a Temporary Advertising Sign for St. Thomas Becket C Church on Parcel #10-02500-010-75, Located in the SE 1/4 of Sec 25 (3410E. VARIANCE, Gene Studt, of 5' to the Required 5' Sideyard Pool Setback on Lot 10, Block 1, Chatterton Ponds, Located in the SW 1/4 of Sec 22 ` /j.,3F. VARIANCE, Mentor Development, of 25' to the Required 50' Setback from Interstate �, // Right-of-Way for Lot 19, Block 2, Eagan Royale, Located in the SE 1/4 of Sec 31 ( G. WIcV n PLh ,S eoagl S iidn e Order e atu o DRie t DPry el i n 0h for/4 Indf ivSied Ownership pox. PRELIMINARY PLAT, Toby Stevens, Consisting of One Lot on Approximately One Acre of P( Previously-Zoned R-1 (Single Family) Land Located on the Southeast Side of Wuthering Heights Road in the SE 1/4 of Sec 18 VIII. ADDITIONAL ITEMS (GOLD) IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, .marital status or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 1, 1992 SUBJECT: AGENDA INFORMATION FOR THE OCTOBER 8, 1992 CITY COUNCIL MEETING A. POLICE DEPARTMENT Item 1. Hunting Permit--An application has been received of Kevin McGrath for a permit to bow hunt deer on the property of Arthur Gustafson located at 3335 Sibley Memorial Highway. A copy of Mr. McGrath's application is enclosed on pages a through j for your review, including a copy of Mr. Gustafson's letter of permission in this regar . City Code prohibits hunting within the City of Eagan except by special permit by the City Council. This application is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special hunting permit for Kevin McGrath for the bow hunting of deer on property located at 3335 Sibley Memorial Highway as presented. • 1 • SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT 1. Name: KEVIN 2. Daytime Telephone Number: 681-4700 3. Street Address: 4. City/State/Zip Code: 1019 BOSTON HILL ROAD EAGAN, MN 55123 -0 1 IMPORTANT INFORMATION FOR THE APPLICANT I Applications will be considered for parcels of property of five acres or more only and zoned*agricultural." Hunted wildlife shall be deer(bow) and geese only. Exceptions to this policy will be the prerogative of the Eagan City Council. The maIdmum dates of the season for each wildlife hunted shall coincide with the hunting dates established by the Minnesota Department of Natural Resources (DNR). The Eagan City Council may,at its discretion,reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special hunting if the permit does not serve the purposes of wildlife management,even if the applicant has complied with all of the requirements. Any hunter listed in this application may bunt only when accompanied by the applicant. A cony of this permit and appropriate identification must be carried at all times for verification by the Eagan Police Department. 5. Property Owner's Name (written permission from the property owner must accompany this permit application): i ARTHUR E. GUSTAFSON 6. Property Location Description: 3335 SIBLEY MEMORIAL HWY I7. Type of Game & Type of Weapon: 8. Specific Hunting Dates: WHITETAIL DEER LEGAL BOW SEASON 1992 w IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY 9. Name (Beginning with the Applicant): 10. Address: 11.Vehicle KEVIN MCGRATH 1019 BOSTON HILL RD License# THCMAS MCGRATH 1137 SYNDICATE 919DQP FR. THOMAS DUFNER 2017 DULUTH ST. 1 12. Police Approval/Permit No: 13. Approval Date: 14. Expiration Date: 41 cdfiar- ez9 7/1-„e d ia� / )7 /V7 y 9 � 4 149.7' , I f /.J'T ' G7 atp c Bojo litah 7e;'` 1'74— f# /t/i) /t2e,-/w..f-f,;,.) 3o zil 11 rfief2 , 4_7 4 co rEo JI 3 3 ( //iv / /37;s./,e.%) w jTh/1 71- is- --ex t-eA aof. 75,_ e Ii 71-/rte_ 1-e y l/ arz‹) Ctfo/✓ • It-, % 3 Agenda Information Memo October 8, 1992, City Council Meeting B. PUBLIC WORKS DEPARTMENT Item 1. Petition For Children At Play Sign -Fairway Hills Drive--Enclosed on pages and G is a petition staff received from residents within the Fairway Hills development requesting special signing on Fairway Hills Drive. Also enclosed on pages 7 through ( .. is a letter from the lead petitioner long with staff's response regarding this request. The lead petitioner has been informed of Council consideration on October 8. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the petition for "Watch For Children" or "Children At Play" signs on Fairway Hills Drive at its intersection with St. Andrews Boulevard. FOR CITY USE ONLY Date Receive�ECEIVED S E P 1 1992 4 , PETITION Approved ' WATCH FOR CHILDREN .., OR X _ CHILDREN AT PLAY city of eagan SIGN We the undersigned hereby petition the City Council of the City of Eagan to install WATCH FOR CHILDREN or CHILDREN AT PLAY signs on Fairway Hills Drive at the intersection with St. Andrews Blvd. , We request this installation for the following reasons: 1. Endangerment of young children by vehicles traveling at speeds in excess of 30 MPH. 2. Increased vehicle traffic due to the recent increase in city sponsored sporting activities at George Ohman Park. 3. Lack of sidewalks for children to play or travel from one neighborhood location to another, including the park. We request that the City Council take this petition request under consideration as its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. NAME (Please print and initial) ADDRESS 1. Di ane f m ark_ Se lb 4io7a Fairw M'ilS "br . 2. 3. O,.:rte L�aWrir . T cn i 1` "3 at . 4. Ik'all 1311 . A(4ftzk 7 Q I 5, f -V 4. t,u, l'UlItrw 011 SL. kA,rLw. a i.cd - 6. irga �,c -.� �/e�'l 7. it t 1 (14q .i- Arsrvwy► ,Lv� 8. I.;, P cI727 PAP- cn0.1L A_ t_ 11 . %rtl 41 E. KU /J/4C / 4700 P41k0 kits Dr, , skS4..%, Rra 4,75- 17G•r. i 14,I s b'. 6.---- CO U 642) PA .Q atop-gob ! -1 ) (303 SP- / 4 Li 10:):4 &44441,Ae& )44.14i A;r4L)&it I S 7Z6 I 7 S , ignait,w3 13 icSoP. E . �43 g. � ccx�.,y s , 0- n57, -ixeizexirAf ikafr A moo. ac,o - I Sa1cd r 3c7 1 Sit Ahourel0 Blvd (4, . RECEIVED SEP 9 1992 eft .1 — Honorable Mayor Tom Egan and City Council Members: As a citizen of Eagan, I am writing to you on behalf of many neighbors in the Fairway Hills neighborhood located at the intersection of Pilot Knob road and Cliff road. Recently there have been many near accidents involving small children and automobiles along Fairway Hills Drive. The concern that we have is the increasing volume and speed of the automobile traffic through our neighborhood. During the spring, summer and fall months the city sponsors soccer, baseball and softball activities which incrementally impacts the number of vehicles that access the park via Fairway Hills Drive. Fairway Hills Drive is the only access to George Ohman park from Cliff road (see Appendix A). Fairways Hills Drive is four blocks in length and this contributes to the speed of the vehicles accessing the park. The majority of families living along Fairway Hills Drive have small children (see Appendix B). As this is a newer neighborhood there are no sidewalks for the kids to play or to access other locations within the neighborhood, including the park. Because the city decided not to install sidewalks this results in the kids and parents restricted to using the street to walk, ride bikes, roller blade, etc. The peak period of vehicle traffic to access the park is evenings and weekends which directly conflicts with which most parents and kids are using the street for walking, bike riding and roller blading. The following is a recent incident that is an example of increased vehicle traffic problem that occurs on Fairway Hills Drive; Several parents and children were starting to walk to the park along Fairway Hills Drive. Some of the children (all under the age of seven) were on bikes and others were walking with their parents. All the children and parents were reasonably close to the curb as it was an evening when there was a lot of traffic to and from the park due to soccer games that evening. A van turned onto Fairway Hills Drive from Cliff Road - approximately 2.5 blocks from where the parents and children were walking. Many of the parents heard the van approaching and told the children that a car was coming and to stay where they were. This is a common statement that many of the parents yell out if they see kids in the street and cars approaching. The kids stopped riding their bikes waiting for the van to pass. As the van came closer it increased its speed even though it was apparent that there were many people (parents and kids) walking in the street. One of the parents yelled to the driver of the van to slow down. The woman stopped the van and was very angry. She said that we were in the wrong because we were in the street and that we should not let our children play in the street. Realize that 1) We were not playing in the street rather we were walking; 2) Due to the lack of sidewalks the street is our only means to get to the park. It was obvious that the van was going too fast for pedestrian safety in the neighborhood, and that the driver felt she was in the right by not slowing down when there were people walking in the street as the speed limit is 30 MPH for city streets. Roughly 20%-30% o f the park traffic exceeds the 30 MPH city speed limit, and approxiametly 50%-60% of the remaining traffic adheres to the 30 MPH speed limit. The concern is that most of the people are not slowing down to a speed that is safe for vehicles and pedestrians to share the roadway. The neighbors are asking you as Mayor and the City Council Members, who have the responsibility to help keep our neighborhoods safe, to support the installation of a WATCH FOR CHILDREN or CHILDREN AT PLAY sign along Fairway Hills Drive. Currently there is a petition being routed through the neighborhood to support the installation of a WATCH FOR CHILDREN or CHILDREN AT PLAY sign to help resolve the safety problem. It will be submitted to the city council as it is completed. • in conclusion, I hope that it does not require an injury to receive the attention your constituents are requesting to keep the city streets safe for the kids and parents of the Fairway Hills-Eagan neighborhood. If additional information or action is required of the neighbors please let us know as we are committed to resolve this issue quickly. Submitted on behalf of the Fairway Hills neighbors by: Diane Selby 4672 Fairway Hills Drive Eagan, MN 55123 688-6235 APPENDIX • A FAIRWAY HILLS DRIVE • CLIFF ROAD ST. ANDREWS BLVD. PROPOSED WATCH FOR CHILDREN on � OR .o CHILDREN AT PLAY SIGN ° CAMELBACK DRIVE 0 0o cn 0 ST. ANDREWS BLVD. - 0 m INTERLACHEN DRIVE • • GEORGE OHMAN PARK APPENDIX B FAIRWAY HILLS DRIVE HOUSEHOLDS WITH CHILDREN FAIRWAY HILLS MODEL HOUSE DRIVE � . ST. ANDREWS BLVD. 3 01 a`^ I CAMELBACK DRIVE ST. ANDREWS BLVD. D- J INTERLACHEN DRIVE 10 • Irzstv —city of eagan 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 September 10, 1992 THOMAS HEDGES City Adminhstrator EUGENE VAN OVERBEKE City Clerk MS. DIANE SELBY 4672 FAIRWAY HILLS DRIVE EAGAN, MN. 55123 RE: Fairway Hills Drive Request for "Children at Play" Signs • Dear Ms. Selby: On September 9th, the City received your letter to the Mayor and City Council members . requesting the installation of "Watch for Children" or "Children at Play" signs on Fairway Hills Drive south of Cliff Road. This letter will be forwarded to the City Council members directly. However, I wanted to take this opportunity to provide you with some background information regarding your concerns and request. Your residential neighborhood and the number of children within it are very typical throughout our young, growing community. Because sidewalks and trailways are provided primarily along collector and arterial type streets and not within typical residential developments, it is not unusual for a driver to expect or encounter pedestrians as they drive through these areas. However, the City does provide "Watch for Children" or "Children at Play"signs at locations where significant numbers of children congregate that may not be anticipated by the driver such as playgrounds, schools, etc. Installation of these type of signs on local residential streets with children as you suggest would result in a sign on practically every segment of residential street within our community. Not only would this diminish the effectiveness of the sign at playgrounds, parks, schools, etc., but it would represent a significant expense. • THE LONE OAK TREE.. .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative AAtion Employer • Page Two September 10, 1992 • The confrontation that you had with the driver identified in your letter was unfortunate. It is obvious that this driver was not exercising proper caution, or common courtesy when passing a group of pedestrians in a residential area. It is doubtful whether the installation of the requested sign would have changed this drivers attitude. If you feel you have a speeding problem on this street,those concerns should be directed to the Police Department to determine what enforcement measures may be available. Sincerely, &.(47L Thomas A. Colbert, P.E. Director of Public Works cc: Mayor and City Council c/o Thomas L. Hedges, City Administrator Pat Geagan, Chief of Police Arnie Erhart, Superintendent of Streets/Equipment S TAC/jf • • • Agenda Information Memo October 8, 1992 City Council Meeting CONSENT AGENDA There are eighteen (18) 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 in brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: Item 1. Seasonal Dog Obediance Instructor--It is the recommendation of Superintendent of Recreation Peterson that Jann Matuseski be hired as the seasonal Dog Obedience Instructor. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Jann Matuseski as the seasonal Dog Obedience Instructor. • 3 P . Agenda Information Memo October 8, 1992 City Council Meeting CIGARETTE LICENSE/WALGREENS B. License,Cigarette for Walgreens,Cliff&Rahn Roads—An application has been received of the Walgreen Drug Store located at Cliff and Rahn Roads for a license to perms) the sale of cigarettes at that location. A copy of the application is enclosed on page / for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a cigarette license for the Waigreens Drug Store at Cliff and Rahn Roads as presented. l 3830 PILOT KNOB ROAD CITY OF EAGAN 681-4600 EAGAN, MN 55122-1897 APPLICATION FOR LICENSE WALGREEN CO. DBA: Waigreens herebymakeapplicationfor Cigarette (name) Over-the-counter License for the year 1992 from the City of Eagan. OWNER: WALGREEN CO. ADDRESS: P.O. Box 901 CITY: Deerfield STATE: IL ZIP: 60015 - BUSINESS NAME: Walgreens ADDRESS: Clifflake Road & Rahn CITY: Eagan STATE: MN ZIP: TELEPHONE NUMBER: Pending Installation _ Municipalities presently licensed: Various locations in,the State of Minnesota Municipalities which have denied licenses to applicant: SCHEDULE OF FEES AND REQUIREMENTS: CHECK CORRECT BLANK 1. • 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. X CIGARETTE LICENSE $40.00 per vending machine or over-the-counter Check appropriate response: vending machine sales No. of machines X over-the-counter sales )SAKE 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 l S" Agenda Information Memo October 8, 1992 City Council Meeting NOVEMBER 3 GENERAL ELECTION JUDGES C. Election Judges for the November 3, 1992, General Election—Enclosed on page l7 is a list of the election judges proposed for the November 3, 1992 General Election. This list is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the list of election judges for the November 3, 1992 General Election as presented. 1 c° UST OF JUDGES FOR APPROVAL GENERAL ELECTION NOVEMBER 3, 1992 DEMOCRAT REPUBLICAN SHARON SCHOELLER MARIE OVERBY ANN OURADNIK JEAN HARMON EVELYN COTA VIRGINIA ZEITZ BARB EDGERTON AUREUA PETERSON VICKIE PLOTT ELAINE JONES ROSE VIMR LYNN PRAZAK SHARON BRUCE SARA TIDRICK TERRI BERKNESS CAROL RICHTER PAT KAEDER JULIANN KELLER MILDRED HARTLEBEN MARY JANE LAROCK HELEN KENNEDY JACK LATTEN AURELIA POPPLER ROSEMARY TEAFORD WILLIAM GUELCHER STELLA LUNDQUIST ELEANOR KEEGAN KARON FACTOR BARBARA SHIELDS HELEN OLSON BOB VOGEL ROBERT MILLER LEO AMUNDSON ROBERTA SMITH TRACY JONES . JEANNE KOEHLER MARY KELLNER MARGARET PELLERIN MARILYN LEGLER PHYLLIS MANTHEY IRENE WACHTLER VMAN DATE JUDY HAWLEY CHUCK LANGNICKEL RUTH TWOMEY ARHTUR PAULSON KAREN FLOOD JOYCE LANGNICKEL DONN KIRCHGATTER GLORIA PAULSON IRENE KREIDBERG RICHARD IFFERT ORLEAN GARNESS KAY GRABNER JUNE KETCHAM TRUDY ZIMMERMAN GARY DODGE CLARENCE HANSON CAROLVENIA RICHARDSON MARY HAGBERG PHYLUS NECHVILLE FLORENCE HANSON LORRAINE BUNKER ZELLA MIRICK ROBERT ZIMMERMAN MARTIE RUZICKA MARK OLSON NANCY SEVERSON EUZABETH BASSETT JOHN GLYNN JOSEPHINE THOMPSON LESLIE STANAWAY JIM KENNEDY EVELYN OTTERNESS GROVER BEWLE MARY HALL JEREMY YARWOOD ANN THOMAS JIM DECH DONALD SEKTNAN ARLENE LEIBEL MICHELLE DICK BONNIE TRANBY DONALD LUND JUDY SAIMA WALTER LAWRENCE SHARON ASTLEFORD GLADYS BYRNES MARIE LANE EMILY RODICH ETHOL GROFF PATTI BENJAMIN OLIVER MCCULLOCH VIRGINIA NICOLAY SHIRLEY KLANG HELEN GERTEN STEPHEN OLSON JUDY HANSEN SANDRA NELSON MICHELLE SKINDEUEN KAY DODGE MARY FLEMING LYLE SEVERSON NANCY HAMMEL JANET SCHUETZE PENNY JOHNSON JOAN BOHUG ADELINE BUEHLER LINDA BUCHANAN CAROL DILLE SUE OLSON BARB UNERT TERRY MESTNIK ELAINE FISCHER MARILYN PORTER BARB NUTTALL ANNE SULLIVAN PAT LARSON JEAN KIMBER CATHY BROST ELEANOR GRIMMER ANNELISE HOLM ELEANOR BRUCE EMILY MEDIN CAROLEE JONES PAULINE LEGENDRE NANCY JARVI SHEILA SHAY NITA SWAN ELEVYN USS ANGIE FLYNN KIM EDSON MARY HANSEN BARBARA SCHREINER KAY URTZ DIANN ENGLE LORRAINE RIEGER LAURA BASBALLE JANICE PARKER CAROL SUE CRUZ LUCY THOMPSON CHERYL OSCARSON JACK SWAN MARTI ANN GUETZLAFF PHYLLIS LIGMAN SUSAN KRETZMANN JANICE BELIVEAU NORMA WADE LUCIA JOHNSON JOANN GEORGE SONYA LARSON YVONNE KRISNIK KAREN UECKER CAROL VIHOVDE ALYCE BOLKE GLORIA CZYCALLA SHARON LINDHOLM DICK BEATTY NONA DAVIS PAUL YOUNGNER MAUREEN PREBELICH TOM PEDERSON DON HANSEN JAN GIEFER MARGE JACOBS WILLIAM SKAR BERNADINE GOESS JENNY BAKER TERRY LARSON FRANK HAMERNIK BRIAN STANAWAY JAMES KLASEUS STUDENTS ERIC LOCKHART JIM DRISCOLL CATHERINE BUCHANAN DOROTHY PETERSON MICKIE NIENOW BEATRICE COOPER AMY BEUSLE PAMELA HOCHHALTER EUZABETH HANELY HELEN JARVI KRISTIN HARREN . MARILYN HOLM LAURA KINSELL KAREN DARE JENNIFER BALDUS JUDY MUNDAHL AARON BROWNE CHARLOTTE O'DONNELL CARRIE HATFIELD VICKIE JABBRA KARRI FOSNOW CAROLYN THURSTON MANDY HANKERSON . JUNE NELSON HEATHER HALL . MARIE DESLAURIER JULIE BIRZNIEKS EDITH DRAKE BETH BEECHER KAREN RAINFORD KEN PETRASHEK JOAN COFFEY MICHELLE LINSON JUDY PETERSON ERIC CARNEY MARY TESKE ERIN HALASH LOIS AGRIMSON MIKE HOEY IONA RAY FAITH ZIMMERMAN FLORENCE MULLEN HEIDE EDMONSON BEVERLY ZAINE y MICHELLE RAMAKER CYNTHIA VOELKE V JUUE MATTICE Agenda Information Memo October 8, 1992 City Council Meeting REMOVAL OF SPECIAL ASSESSMENT/DONALD AND MARY O'HEARN D. Resolution Removing Special Assessment,10-58501-060-00,Donald and Mary O'Hearn-- Consistent with the court's action in the matter of Donald O'Hearn• et al v. the City of Eagan relative to the special assessment on the O'Hearn's property, a resolution has been prepared by the City Attorney's o ice for consideration by the City Council. A copy of that resolution is enclosed on page ! for your consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution removing a special assessment for parcel # 10-58501-060-00 for Donald and Mary O'Hearn as presented. i • RESOLUTION OF CITY OF EAGAN REMOVING SPECIAL ASSESSMENT WHEREAS, Donald O'Hearn and Mary O'Hearn ("the O'Hearns") are the owners of property located in the City of Eagan with the Property Identification No. of 10-58501-060-00 ("Subject Property") ; and WHEREAS, on July 2, 1991, the Subject Property was assessed by the City of Eagan for sanitary sewer lateral, water lateral, services, street per area basis and street per front foot basis as part of Public Improvement Project 543R; and WHEREAS, O'Hearns brought an action in District Court appealing the sum of the assessments known as Donald O'Hearn et al. v. City of Eagan; Court File No. C7-91-7936; and WHEREAS, the matter came on for trial before The Honorable Judge Thomas M. Murphy on March 26 and 27, 1992; and WHEREAS, Judge Murphy issued an Order that was filed with Dakota County District Court on April 20, 1992. NOW, THEREFORE, be it resolved, that in compliance with Judge Murphy's April 20, 1992 Order, the Eagan City Council hereby removes the total special assessment levied against the O'Hearn parcel in connection with Public Improvement Project No. 543R. CITY OF EAGAN Dated: , 1992. BY: Thomas A. Egan Its: Mayor ATTEST: By: E. J. VanOverbeke Its: City Clerk Agenda Information Memo October 8, 1992 City Council Meeting REVISED JPA/GUN CLUB LAKE WMO E. Adoption of Revised Gun Club Lake Waters ell Management Organization Joint Powers Agreement--Enclosed on pages a/ through 'j is a memorandum from Water Quality Coordinator Brasch covering the revised join powers agreement between the cities of Eagan, Inver Grove Heights and Mendota Heights for the Gun Club Lake Water Management Organization. The revised agreement contains minor changes relative to the state requirements for service water management plans. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the revised Gun Club Lake Watershed Management Organization Joint Powers Agreement as presented. C9D4 Gun Club Lake Watershed Management Organization MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: RICH BRASCH, CHAIRMAN - GCLWMO DATE: SEPTEMBER 21, 1992 SUBJECT: ADOPTION OF REVISED GUN CLUB LAKE WATERSHED MANAGE- MENT ORGANIZATION JOINT POWERS AGREEMENT BY CITY COUNCIL Attached is a revised and restated joint powers agreement(JPA)for the Gun Club Lake Watershed Management Organization (GCLWMO). The revised resolution was prepared by the WMO Board's attorney, Roger Knutson of Campbell, Knutson, Scott and Fuchs, and a motion was approved by the Board at its July 16th, 1992 meeting to transmit the proposed agreement to the three member communities of Inver Grove Heights, Mendota Heights and the City of Eagan for final adoption. The revised JPA has been changed slightly from the JPA previously adopted by the Eagan City Council in June, 1985. This version reflects minor changes in reporting and other requirements as contained in the revised "509"rules adopted by the Minnesota Board of Water and Soil Resources. The"509"rules govern the processes,responsibilities and role of WMO's,local units of government, the Met Council and State agencies in preparing surface water management plans in the seven- county metro area. The revised JPA contains no major changes in policy. On behalf of the Gun Club Lake WMO Board, I am requesting that the Eagan City Council adopt and execute the revised JPA. I would be happy to prepare more detailed information for you if needed. Please let me know if I can answer any questions. Thanks. • Rich Brasch, Chairman GCLWMO RB/sb Attachment • cc: John K. VonDeLinde, Superintendent of Parks LuAnn Alderks Tom Colbert, Public Works Director Ken Vraa, Director of Parks and Recreation 29wp:hedges.265 a Eagan•Inver Grove Heigh : - -ndota Heights 3830 Pilot Knob Road•Eagan,Minnesota 55122•681-4600 REVISED AND RESTATED GUN CLUB LAKE WATERSHED JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION 1992 r05/14/92 aD, REVISED AND RESTATED GUN CLUB LAME WATERSHED JOINT POWERS AGREEMENT INDEX PARAGRAPH/ITEM PAGE 1. Name 1 2. General Purpose 1 3. Definitions 1 4. Membership 2 5. Advisors 2 6. Board of Managers 3 Subd. 1. Appointment 3 Subd. 2. Eligibility/Qualifications 3 Subd. 3. Term 3 Subd. 4. Compensation 4 Subd. 5. Organization/Structure 4 Subd. 6. Voting 4 7. Powers and Duties of the WMO 5 Subd. 1. WMO 5 Subd. 2. Employees 5 Subd. 3. Location 5 Subd. 4. Materials 5 Subd. 5. Surveys 6 Subd. 6. Public/Private Organizations 6 Subd. 7. Local Improvements 6 Subd. 8. Operation/Maintenance 6 Subd. 9. Insurance 6 Subd. 10. Testing/Measuring Devices 6 Subd. 11. Technical Assistance/Local Water Management 7 Subd. 12. Technical Assistance/Legal 7 Subd. 13. Reserve Funds 7 Subd. 14. Revenue 7 Subd. 15. Contracts 7 Subd. 16. Information Availability 7 Subd. 17. Amendments 8 Subd. 18. Additional Powers 8 Subd. 19. Supplemental Studies 8 Subd. 20. Pollution Abatement 8 Subd. 21. Newsletter 8 Subd. 22. Proposals for Services 9 Subd. 23. Planning Activities 9 Subd. 24. Annual Report 9 8. Capital Improvement Process 9 Subd. 1. Assessments 9 Subd. 2. Preliminary Reports/Public Hearings . . . 9 Subd. 3. Appeals/Arbitration .. . . . 11 Subd. 4. Contracts for Improvements 12 Subd. 5. Supervision 12 Subd. 6. Land Acquisition 13 PARAGRAPH/ITEM PAGE 9. Finances 14 Subd. 1. Depositories/Disbursements 14 Subd. 2. General Administration 14 Subd. 3. Budget 14 Subd. 4. Capital Improvements 15 Subd. 5. Capital Cost Allocation 16 10. Special Assessments 17 11. Duration 17 Subd. 1. Expiration 17 Subd. 2. Termination 17 Subd. 3. Dissolution 18 12. Dissolution 18 13. Effective Date 18 14. Signature Page 19 JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION FOR THE GUN CLUB LAKE WATERSHED THE PARTIES TO THIS AGREEMENT are cities which have land within the Gun Club Lake Watershed. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 1982 §§ 471.59 and 103B.201, et !eg. 1. Name. The parties hereby create and establish the Gun Club Lake Watershed Management Organization. 2. General Purpose. The purpose of this Agreement is to provide an organization to regulate the natural water storage and retention of the Gun Club Lake watershed to: (a) protect, preserve, and use natural surface and ground water storage and retention systems; (b) minimize public capital expenditures needed to correct flooding and water quality problems; (c) identify and plan for means to effectively protect and improve surface and ground water quality; (d) establish more uniform local policies and official controls for surface and ground water management; (e) prevent erosion of soil into surface water systems; (f) promote ground water recharge; (g) protect and enhance fish and wildlife habitat and water recreational facilities; and (h) secure the other benefits associated with the proper management of surface and ground water. 3. Definitions. Subdivision 1. Watershed Management Organization ("WMO") means the organization created by this Agreement; the full name of -1- as which is "Gun Club Lake Watershed Management Organization". It shall be a public agency of its respective governmental units. Subdivision 2. Board means the Board of Managers of the WMO. Subdivision 3. Council means the governing body of a governmental unit which is a member of this WMO. Subdivision 4. Governmental Unit means any signatory city. Subdivision 5. Member means a governmental unit which enters into this Agreement. Subdivision 6. Manager means an individual appointed by a governmental unit to comprise and serve on the WMO Board. Subdivision 7. Gun Club Lake Watershed or watershed means • the area within the mapped area delineated on the map filed with the Board of Water and Soil Resources, as may be amended. 4. Membership. The membership of the WMO shall consist of the following governmental units: City of Eagan City of Inver Grove Heights City of Mendota Heights No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any govern- mental unit listed above to be represented on the WMO, so long as such governmental unit continues to exist as a separate political subdivision. • 5. Advisors. Dakota County and the Dakota County Soil and Water Conservation District shall be requested to appoint a non- -2- ac voting advisory member to the WMO. The County and District shall not be required to contribute funds for the operation of the WMO, except as provided in Minn. Stat. § 473.883, but may provide technical services. 6. Board of Managers. Subdivision 1. Appointment. The governing body of the WMO shall be its Board of Managers which shall consist of five (5) managers. Three (3) managers shall be appointed by the City of Eagan, one (1) manager appointed by the City of Inver Grove Heights, and one (1) manager appointed by the City of Mendota Heights. Each city may designate alternates if necessitated by the absence of its respective representative manager(s) . Subdivision 2. Eligibility or Qualification. The council of each city shall determine the eligibility or qualification of its representative on the WMO. Subdivision 3. Term. Managers and alternates shall serve a three (3) year term and until' their successors are appointed and qualify. The terms of the managers and alternates serving on the date this Revised and Restated Joint Powers Agreement is adopted shall expire on June 1, 1995. A manager or alternate may not be removed from the Board prior to the expiration of the manager's term, except for just cause by the governing body that made the appointment. The Board of Water and Soil Resources shall be notified of all appointments to the Board and of all vacancies. All vacancies shall be filled within ninety (90) days after they occur. , Notices of all vacancies shall be published in the official -3- a1 newspaper of the cities appointing the Board managers at least fifteen (15) days before the appointment is made. Subdivision 4. Compensation. Managers shall serve without compensation from the WMO, but this shall not prevent a governmental unit from providing compensation to a manager for serving on the Board. Subdivision 5. Organization/Structure. At the first meeting of the Board and in January of each year thereafter, the Board shall elect from its managers a chairperson, a vice chairperson, a secretary, a treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. Except for the position of chairperson, any manager may be elected to more than one office. At the organizational meeting or as soon thereafter as it may be reasonably done, the WMO shall adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the WMO, provided that at least ten (10) days prior notice of the proposed amendment has been furnished to each person to whom notice of the Board meetings is required to be sent. The chief administrative officer of each member community shall be notified of the dates and locations of all meetings. Meetings must be held at least annually. The Board may appoint citizen and technical advisory committees. Subdivision 6. Voting. Decisions by the managers shall require a majority vote of all managers except that a decision to order a capital improvement project shall require a 2/3 favorable vote. 7. Powers and Duties of the WMO. Subdivision 1. The WMO, acting by its Board of Managers: (A) Shall prepare and adopt a watershed management plan meeting the requirements of Minn. Stat. § 103B.231. (B) Shall review and approve member's local water management plans as provided in Minn. Stat. § 103B.235. (C) Shall exercise the authority of a watershed district under Minn. Stat. Chapter 103D to regulate the use and development of land when one or more of the following conditions exist: (1) The local government unit exercising planning and zoning authority over the land under Minn. Stat. §§ 366.10 to 366.19, 394.21 to 394.37, or 462.351 to 462.364 does not have a local water management plan approved and adopted in accordance with requirements of Minn. Stat. § 103B.235 or has not adopted the implementation program described in the plan. (2) An application to the local governmental unit for a permit for the use and development of land, requires an amendment to, or variance from, the adopted local water management plan or implementation program of the local unit. (3) The local governmental unit- has authorized the WMO to require permits for the use and development of land. Subdivision 2. Employees. The WMO may employ such persons as it deems necessary to accomplish its duties and powers. Subdivision 3. Location. The WMO may contract for the necessary space to carry on its activities either with a member or elsewhere. Subdivision 4. Materials. The WMO may acquire necessary personal property, material, and supplies to carry out its activities, powers, and its duties. -5- Subdivision 5. Surveys. The WMO may make necessary surveys or use other reliable surveys and data, and develop projects to accomplish the purposes for which the commission is organized. The WMO may enter upon lands within or without the watershed to make these surveys and investigations.. Subdivision 6. Public/Private Organizations. The WMO may cooperate or contract with the State of Minnesota or any subdivision thereof or federal agency or private or public organization to accomplish the purposes for which it is organized, except as noted in paragraph 7, subdivision 2. Subdivision 7. Local Improvements. The WMO may order a governmental unit to carry out that member's local water manage- ment plan which has been approved by the Board, or if the local unit of government fails to do so, in addition to its other remedies, in its discretion, the Board may implement any required action or improvement in accordance with this Agreement. Subdivision 8. Operation/Maintenance. The WMO may acquire, operate, construct, and maintain those capital improvements so constructed by the Board and as delineated in the watershed management plan adopted by the Board. Subdivision 9. Insurance. The WMO may contract for or purchase such insurance as the Board deems necessary for the protection of the WMO. Subdivision 10. Testing/Measuring Devices. The WMO may establish and maintain devices for testing, acquiring, and recording hydrological and water quality data within the watershed. -6- Y �� Subdivision 11. Technical Assistance/Local Water Management Plans. The WMO may provide any member governmental unit with technical data or any other information of which the WMO has knowledge which will assist the governmental unit in preparing land use classifications or local water management plans within the watershed. Subdivision 12. Technical Assistance/Legal. The WMO may provide legal and technical assistance in connection with liti- gation or other proceedings between one or ,more of its managers and any other political subdivision, commission, board or agency relating to the planning or construction of facilities to drain or pond storm waters or relating to water quality within the Gun Club Lake watershed. The use of WMO funds for litigation shall be only upon a favorable vote of a majority of the eligible votes of the then existing managers of the WMO. Subdivision 13. Reserve Funds. The WMO may accumulate reserve funds for the purposes herein mentioned and may invest funds of the WMO not currently needed for its operations. ' Subdivision 14. Revenue. The WMO may collect money, subject to the provisions of this Agreement, from its members and from any other source approved by a majority of its Board. Subdivision 15. Contracts. The WMO may make contracts., incur expenses, and make expenditures necessary and incidental to the effectuation of its purposes and powers. Subdivision 16. Information Availability. The WMO's books, reports, and records shall be available for and open to inspection by its members at all reasonable times. -7- (3 l Subdivision 17. Amendments. The WMO may recommend changes in this Agreement to its members. Any amendments shall require ratification by all member units of government. Subdivision 18. Additional Powers. The WMO may exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and as outlined and authorized by Minn. Stat. §§ 103B.201 and 103B.251. Subdivision 19. Supplemental Studies. Each member reserves the right to conduct separate or concurrent studies or tests at their own expense on any matter under study by the WMO. Subdivision 20. Pollution Abatement. The Board may investigate on its own initiation or shall investigate upon petition of any member all complaints relating to pollution within the Gun Club Lake watershed covered by this Agreement. Upon a finding that the watershed is being polluted, the Board may order the member governmental unit to abate this nuisance and each member agrees that it will take all reasonable action available to it under the law to alleviate the pollution and to assist in protec- ting and improving the water quality of surface water in the watershed. Subdivision 21. Newsletter. The Board shall publish and distribute a newsletter at least annually that meets the require- ments of Minn. Stat. § 103B.227 and Minnesota Rule 8410.0100. The newsletter must explain the watershed's programs and list offices • and telephone numbers. -8- Subdivision 22. Proposals for Services. The Board shall solicit proposals for all legal, engineering, auditing, and other technical services at least every two (2) years. Subdivision 23. Planning Activities. The Board shall coordinate its planning activities with contiguous watershed management organizations and counties conducting water planning and implementation under Chapter 110B. Subdivision 24. Annual Report. On or before April 1, the Board shall file with the Board of Water and Soil Resources and the Clerk of each member governmental unit a financial activity and audit report for the previous fiscal year meeting the requirements of Minn. Stat. § 1038.231 and Minnesota Rule 8410.0150. 8. Capital Improvement Process. Subdivision 1. Assessments. All construction, recon- struction, extension, or maintenance of storm water facilities within the Gun Club Lake watershed, including but not limited to outlets, lift station, dams, reservoirs, appurtenances of a surface water or storm water sewer system ordered by the WMO which involved potential assessment against any member governmental unit or against privately or publicly owned land within the watershed shall follow the statutory procedure outlined in Minn. Stat. Chapter 429, except as herein modified. Subdivision 2. Preliminary Reports/Public Hearings. For those improvements initiated by the WMO or so designated in the WHO's watershed management plan to be constructed by the Board, the , Board shall secure from its engineers or some other competent person a preliminary report advising it whether the proposed -9- �3 improvement is feasible and as to whether it shall best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended. The Board shall then hold a public hearing on the proposed improvement after mailed notice to the clerk of each member governmental unit and published notice in the Board's official newspaper. The WMO shall not be required to mail notice except by notice to the clerk. The notice shall be mailed not less than forty-five (45) days before the hearing, shall state the time an place of the hearing, the general nature of the improvement, the estimated total cost and the estimated cost to each member governmental unit. To order an improvement involving two (2) or more members, a resolution setting forth the order shall require a favorable vote of 2/3 of all of the then existing Board of the WMO; however, an improvement affecting only one member shall require a 3/5 favorable vote, providing that a favorable vote is cast by the manager or .. manager appointed by an affected member city. If the affected member city does not cast a favorable vote, then a 2/3 favorable vote is required. The order shall describe the improvement, shall allocate in percentages the cost between the member governmental units, shall designate the engineers to prepare plans and specifications, and shall designate who will contract for the improvement. After the Board has ordered an improvement, it shall forward the preliminary report to all member governmental units with an estimated time schedule for the construction of the improvement. The Board shall allow an adequate amount of time, and -10 3 in no event less than ninety (90) days, for each member govern- mental unit to conduct hearings, in accordance with the provisions of Chapter 429 or the charter requirements of any city, or to ascertain the method of financing which the member governmental unit will use to pay its proportionate share of the costs of the improvement. This ninety (90) day period may be modified if all affected member governmental units pass a resolution waiving this requirement for the sake of expediency. If the WMO proposed to use Dakota County's bonding authority, or if the WMO proposed to certify all or any part of a capital improvement to Dakota County for payment, then and in that event all proceedings shall be carried out in accordance with Minn. Stat. § 103B.251. The Board shall not order and no engineer shall prepare final detail plans and specifications before the Board has adopted a resolution ordering the improvement. The Board may order the advertising for bids upon receipt of notice from each member governmental unit who will be assessed that it has completed its hearing or determined its method of payment, or upon expiration of ninety (90) days after the mailing of the preliminary report to the members, whichever occurs first. Subdivision 3. Appeals/Arbitration. Any member govern- mental unit aggrieved by the determination of the board as to the allocation of the costs of an improvement shall have thirty (30) days after the WMO resolution ordering the improvement to appeal the determination. The appeal shall be in writing and shall be addressed to the Board asking for arbitration. The determination of -11- the member's appeal shall be referred to a Board of Arbitration. The Board of Arbitration shall consist of three (3) persons: one to be appointed by the Board of Managers, one to be appointed by the appealing member governmental unit, and the third to be appointed by the two so selected. In the event the two persons so selected do not appoint the third person within fifteen (15) days after their appointment, then the Chief Judge of the District Court of Dakota County shall have jurisdiction to appoint, upon appli- cation of either or both of the two earlier selected, the third person to the Board. The third person selected shall not be a resident of any member governmental unit and if appointed by the Chief Judge, shall be a person knowledgeable in the subject matter. The arbitrators' expenses and fees, together with the other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be divided equally between the WMO and the appealing member. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Minn. Stat. Chapter 572. Subdivision 4. Contracts for Improvements. All improve- ment contracts ordered by the Board shall be let in accordance with Minn. Stat. § 429.041. The bidding and contracting of the work may be let by any one of the member governmental units or by the Board as determined by the Board of Managers after compliance with the statutes. Contracts and bidding procedures shall comply with the legal requirements applicable to statutory cities. Subdivision 5. Supervision. All improvement contracts shall be supervised by the entity awarding the contract. The WMO staff shall also be authorized to observe and review the work in -12- c 5(4° progress and the members agree to cooperate with the WMO staff in accomplishing its purposes. Representatives of the WMO shall have the right to enter upon the place or places where the improvement work is in progress for the purpose of making reasonable tests and inspections. The WMO staff shall report and advise and recommend to the Board on the progress of the work. Subdivision 6. Land Acquisition. The WMO shall have the power of eminent domain. All easements or interest in land which are necessary will be negotiated or condemned in accordance with Minn. Stat. Chapter 117 by. the Board or, if directed by the Board, by the governmental unit where the land is located, and each member agrees to acquire the necessary easement or right-of-way or partial or complete interest in land upon order of the Board to accomplish the purposes of this Agreement. All reasonable costs of the acquisition, including attorney's fees, shall be considered as a cost of the improvement. If a member governmental unit determines it is in the best interests of that member to acquire additional lands, in conjunction with the taking of lands for storm and surface drainage or storage, for some other purposes, the costs of the acquisition will not be included in the improvement costs of the ordered project. Members may not condemn or negotiate for land acquisition to pond or drain storm and surface waters within the corporate boundaries of another governmental unit within Gun Club Lake watershed except upon order of the Board. -13- (31 9. Finances. Subdivision 1. Depositories/Disbursements. The WMO funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate one or more national or state bank or trust companies authorized to receive deposits of public monies to act as depositories for the WMO funds. In no event shall there be a disbursement of WMO funds without the signature of at least two (2) Board managers, one of whom shall be the treasurer. The treasurer shall be required to file with the secretary of the Board a bond in the sum of at least $10,000 or such higher amount as shall be determined by the Board. The WMO shall pay the premium on said bond. Subdivision 2. General Administration. Each member • agrees to contribute each year to a general fund to be used for general administration purposes including, but not limited to: salaries, rent, supplies, development of an overall plan, insurance, bonds, and to purchase and maintain devices to measure hydrological and water quality data. The funds may also be used for normal maintenance of the facilities and capital improvements. The annual contribution by each member shall be based fifty percent (50%) on the assessed valuation of all property within the. watershed and fifty percent (50%) on the basis of the total area of each member within the boundaries of the watershed each year to. the total areas in the watershed. Subdivision 3. Budget. . On or before July 1 of each year, . the Board shall adopt a general administrative budget for the ensuing year. The secretary of the Board shall certify the budget -lti 3-6 on or before July 1 to the clerk of each member governmental unit, together with a statement of the proportion of the budget to be provided by each member. The council of each member agrees it will review the budget, and the Board shall upon notice from any member received prior to August 1, hear objections to the budget, and then give notice to the members of any and all modifications or amendments. Each governmental unit agrees to provide the funds required by the budget and the determination shall be conclusive. Subdivision 4. Capital Improvements. (A) An improvement fund shall be established for each improvement project ordered by the WMO. Each member agrees to contribute to fund its proportionate share of the engineering, legal, and administrative costs as determined by the amount to be . assessed against each member as a, cost of the improvement. The Board shall submit in writing a statement to each member, setting forth in detail the expenses incurred by the WMO for each project. Each member agrees to pay its proportionate share of the cost of the improvement in accordance with the determination of the Board under paragraph 8, subdivision 2. The Board, in its discretion, may require members to make advance payments based upon estimated costs, subject to adjustment to reflect actual costs, or may bill the members as costs are actually incurred. Members agree to pay billings within thirty (30) days of receipt. The Board or the member awarding the contract shall advise other contributing members of. the tentative time schedule of the work and the estimated times when the contribution shall be necessary. -15- 3g (B) Notwithstanding the provisions of paragraph (A) of this subdivision, the WMO may fund all or part of the cost of a capital improvement contained in the capital improvement program of the plan in accordance with Minn. Stat. § 1038.251. The WMO and Dakota County may establish a maintenance fund to be used for normal and routine maintenance of an improvement constructed in whole or in part with money provided by Dakota County pursuant to Minn. Stat. § 1038.251. The levy and collection of an ad valorem tax levy for maintenance shall be by Dakota County based upon a tax levy resolution adopted by the WMO and remitted to the County on or before October 1st of each year. If it is determined to levy for maintenance, the WMO shall be required to follow the hearing process established by Minn. Stat. Chapter 103D. Mailed notice shall also be sent to the clerk of each member municipality at least thirty (30) days prior to the hearing. Subdivision 5. Capital Cost Allocation. (A) WMO Plan Improvements: (1) All capital improvement costs of improvements designated in the Board's adopted watershed management plan for construction by the Board which the Board determines will provide district-wide benefits may be constructed and financed pursuant to Minn. Stat. § 103B.251. The members understand and agree that the costs will be levied on all taxable property in the watershed. All capital improvement costs of improvements designated in the Board's adopted watershed management plan for construction by the Board, which the Board determines will benefit only one member, shall be paid for entirely by that member. (2) All capital improvement costs of improvements designated in the Board's adopted watershed management plan for construction by the Board, which the Board determines benefit more than one member, shall be apportioned by the Board on the following bases: -16- U (a) Capital costs and the financing thereof may be apportioned to each benefited member based on the ratio of the assessed property valuation of each benefited member within the boundaries of the bene- fited area to the total assessed property valuation of the benefited members in the benefited areas. (b) Capital costs and the financing thereof may be apportioned to each benefited member based on surface water runoff determined by "peak flow factors" and/or the "rational method". (c) Any combination of (a) and (b) . (d) Credits may be given to any member for lands acquired by that member to pond or store storm and surface water. (e) Pursuant to Minn. Stat. § 1038.251. (B) Member's Local Water Management Plan Improvements: All capital improvement costs incurred by the Board for improvements delineated in a member' local water management plan, which the Board undertakes pursuant to paragraph 7, subdivision 7, because the local unit of government fails to do so, shall be apportioned entirely to that local unit of government. 10. Special Assessments. The WMO shall not have the power to levy special assessments. All such assessments. shall be levied by the member(s) wherein the benefited land is located. 11. Duration. Subdivision 1. Expiration. Each member agrees to be bound by the terms of this Agreement until January 1, 2000, and it may be continued thereafter upon the agreement of all the parties. Subdivision 2. Termination. This agreement may be terminated prior to January 1, 2000, by the written agreement of 2/3 of the member communities. Dakota County and the Board of Water and Soil Resources must be given at least ninety (90) days advance written notice of the intend to dissolve. T.Tk. Subdivision 3. Dissolution. In addition to the manner provided in subdivision 2 for termination, any member may petition the Board to dissolve the Agreement. Upon ninety (90) days notice in writing to the clerk of each member governmental unit, Dakota County and the Board of Water and Soil Resources, the Board shall hold a hearing and upon a favorable vote of the Board, the Board may by resolution recommend that the WMO be dissolved. The resolution shall be submitted to each member governmental unit and if ratified by 2/3 of the governing bodies of all eligible members within sixty (60) days, the Board shall dissolve the WMO allowing a reasonable time to complete work in progress and to dispose of personal property owned by the WMO. 12. Dissolution. Upon dissolution of the WMO, all property of the WMO shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the eligible members of the WMO. Such distribution of WMO assets shall be made in proportion to the total contribution to the WMO required by the last annual budget. 13. Effective Date. This Agreement shall be in full force and effect when all three (3) governmental units delineated in para- graph 4 of this Agreement, have executed this Agreement. All members need not sign the same copy. The signed Agreement shall be filed with the city clerk of the City of Eagan, who shall notify all members in writing that it has been adopted. Prior to the effective date of this Agreement, any signatory member may rescind their approval. -18- IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed. Approved by the City Council CITY OF EAGAN , 1992. BY: Its Mayor AND Its City Clerk Approved by the City Council CITY OF INVER GROVE HEIGHTS , 1992. BY: Its Mayor AND Its City Clerk Approved by the City Council CITY OF MENDOTA HEIIGHTSS 4u( u5t 'E , 1992. BY: �' !��++ �..•. Its Mayor AND I s City Clerk -19- Agenda Information Memo October 8, 1992 City Council Meeting 1993 MAC PART 150 PROGRAM F. Approval, 1993 MAC Plut 150 Land Use Compatibility Eagan Participants--Enclosed on pages (4 S through YPis a memorandum covering the applicants eligible for Part 150 Land Use Compatibility Funding in 1993 for the City of Eagan. As noted in the memo, the City has funding for thirteen homes and received thirteen applications. All applications are in order for funding at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1993 MAC Part 150 Land Use Compatibility Eagan participants as presented. • M E M O R A N D U M TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: SEPTEMBER 29, 1992 SUBJECT: 1993 PART 150 APPLICANTS The Metropolitan Airports Commission has requested that the City of Eagan provide a list of eligible homes for the 1993 cycle of the Part 150 Sound Insulation Program. In this regard, staff forwarded applications to all residents in the currently eligible area. Residents who had previously applied, but had not been selected, were permitted to leave their previous application in consideration. Responses have been received and are in order for consideration by the City Council. In 1992, seven homes were selected in Eagan for the Part 150 program. Six of the homeowners are proceeding with the improvements prescribed and one homeowner has dropped out of the program because of a belief that it would be ineffective in solving his noise problem. In 1993, the MAC has earmarked funding for thirteen Eagan homes. Coincidentally, the City received twelve applications in addition to that of Paul and Anne Pahos who requested and were granted a . deferment in 1992. These thirteen homes represent most of the remaining properties within the original eligible area as defined by the existing Part 150 contour. The applicants are fairly evenly divided between pre and post-1978 home owners. As it was originally designed, the Eagan program is intended to give first priority to the pre-1978 'homeowners because their purchase occurred before airline deregulation and the dramatic increase in noise. Because the number of applications corresponds with the available funding, the priority need not have any bearing in this funding cycle. It is anticipated that a substantially larger eligible area will be included in the program contours in 1994. Residents of this larger area have been informed of this expectation. Attached is a list of the thirteen eligible applicants for the 1993 Part 150 land use compatibility program for the City of Eagan. If approved by the City Council, the homeowners will be informed of their selection and the list will be forwarded to the MAC to begin design work in anticipation of the Program's 1993 construction schedule. Ass ' ant o the City Administrator q 5- 1993 EAGAN PART 150 APPLICANTS Deferred from 1992 Paul and Anne Pahos - Pre-1978 - 2835 Burnside Avenue 1992 Applicants Continuing Clifford and Lavera Larson - Pre-1978 - 2830 Vilas Lane Larry and Marilyn Dodds - Pre-1978 - 2829 Burnside Avenue Henry Schmidt - Pre-1978 - 2821 Burnside Avenue Glenn and Elsie Hintz - Pre-1978 - 2844 Beam Lane Ray and Barb Hahnfeldt - 2832 Beam Lane Rachel Bristlin - 2890 Fairlawn Place New Applicants Loris Delmont - Pre-1978 - 2804 Vilas Lane Sally Volker - Pre-1978 - 2831 Beam Lane Michael Taschek - 1310 Avalon Avenue Peter Brusoe - 1340 Avalon Avenue Steve and Lynn Mexner - 2838 Vilas Lane Scott and Kathy Bruley - 2805 Beam Lane 4,Le Agenda Information Memo October 8, 1992, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE FINAL PYMT (1992 SEAL COATING) G. Contract 92-07, Acknowledge Completion/Authorize Final Payment (1992 Seal Coating)--The staff has received a request from the contractor for final payment and acceptance of the annual sealcoating contract for our local streets. All inspections have been performed by City staff and found to be in compliance with authorized plans and specifications. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the second and final payment for Contract 92-07 (1992 Sealcoating) to Allied Blacktop Company in the amount of $10,800.34 and accept the improvement for perpetual maintenance subject to the appropriate warranty conditions. ACKNOWLEDGE COMPLETION H. Project 619, Acknowledge Completion (Saddlehorn Addition - Streetlights)--The installation of streetlights within the Saddlehorn Addition by Dakota Electric Association has been completed. All final inspections have been performed by representatives of the Public Works Department and found to be in compliance with City authorized plans. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Project 619 (Saddlehorn Addition - Streetlights). MAINTENANCE IMPROVEMENT, ACKNOWLEDGE COMPLETION/AUTHORIZE FINAL PYMT (YANKEE DOODLE RESERVOIR) I. Maintenance Improvement, Acknowledge Completion/Authorize Final Payment (Yankee Doodle Reservoir - Emergency Repair)--A contract was entered into with Ryan Contracting, Inc., for the emergency repair and restoration of the Yankee Doodle Reservoir on an emergency repair authorization by Council action on May 5, 1992. All work has been completed, inspected by City staff and found to be in compliance with authorized plans and . specifications. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of the Yankee Doodle Reservoir emergency repair contract and authorize the second and final payment to Ryan Contracting, Inc., in the amount of $6,087.35. Agenda Information Memo October 8, 1992, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE FINAL PYMT (JOHNNY CAKE RIDGE ROAD & CEDAR INDUSTRIAL PK) J. Contract 92-06, Acknowledge Completion/Authorize Final Payment (Johnny Cake Ridge Road & Cedar Industrial Park - Street Rehabilitation)-- This contract provided for the street rehabilitation and structural overlay of Johnny Cake Ridge Road from Cliff Road to Apple Valley and the industrial streets within the Cedar Industrial Park. This project has been completed, reviewed by City staff and found to be in compliance with authorized plans and specifications. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 2nd and final payment for Contract 92-06 (Cedar Industrial Park & Johnny Cake Ridge Road - Street Rehabilitation) to McNamara Construction in the amount of $91,277.01 and authorize perpetual maintenance subject to appropriate warranties. ACKNOWLEDGE COMPLETION/AUTHORIZE FINAL PYMT • (EAGANDALE CENTER INDUSTRIAL PK) K. Contract 91-06, Acknowledge Completion/Authorize Final Payment (Eagandale Center Industrial Park 3rd & 4th Addition - Street Rehabilitation)--This contract provided for the street rehabilitation and structural overlay of Eagandale Center Industrial Park 3rd & 4th Addition. This project has been completed, reviewed by City staff and found to be in compliance with authorized plans and specifications. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 4th and final payment for Contract 91-06 (Eagandale Center Industrial Park 3rd & 4th Addition - Street Rehabilitation) to McNamara Construction in the amount of $28,191.05 and authorize perpetual maintenance subject to appropriate warranties. ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (SUNCREST ADDITION) L. Contract 88-YY, Acknowledge Completion/Authorize City Maintenance (Suncrest Addition - Streets & Utilities)--Public streets and utilities within this development were installed privately by the developer. These improvements have now been completed, inspected by City staff and found to be in compliance with authorized plans and specifications. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the completion of Contract 88-YY (Suncrest Addition - Streets & Utilities) and accept for perpetual maintenance subject to appropriate warranty provisions. • g Agenda Information Memo October 8, 1992, City Council Meeting RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING (CEDAR INDUSTRIAL PARK) M. Project 622, Receive Final Assessment Roll/Order Public Hearing(Cedar Industrial Park- Street Rehabilitation)--The rehabilitation and structural overlay of the streets within the above-referenced development have been completed, all costs tabulated and the final assessment roll prepared. This roll is being presented to the City Council at this time for consideration of scheduling a public hearing to formally present the final assessable costs associated with this improvement. The final costs associated with this project are substantially below the estimates contained in the feasibility report. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 622 (Cedar Industrial Park - Street Rehabilitation) and schedule a public hearing to be held on November 5, 1992. • RECEIVE FINAL ASSMT ROLL/ORDER PUBLIC HEARING (EAGANDALE CTR INDUSTRIAL PARK 3RD & 4TH ADDITION) N. Project 608,Receive Final Assessment Roll/Order Public Hearing(Eagandale Center Industrial Park 3rd & 4th Addition - Street Rehabilitation)--The rehabilitation and structural overlay of the streets within the above-referenced developments have been completed, all costs tabulated and the final assessment roll prepared. This roll is being presented to the City Council at this time for consideration of scheduling a public hearing to formally present the final assessable costs associated with this improvement. The final costs associated with this project are substantially below the estimates contained in the feasibility report. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 608 (Eagandale Center Industrial Park 3rd & 4th Addition - Street Rehabilitation) and schedule a public hearing to be held on November 5, 1992. VACATION (LOT 10. BLOCK 7. ZEHNDER ACRES) O. Vacate Drainage & Utility Easement, Receive Petition/Order Public Hearing (Lot 10, Block 7, Zehnder Acres)--Staff has received a request from a property owner to vacate an unused portion of an existing sanitary sewer easement. All application materials have been submitted, reviewed by staff and found to be in order. for Council consideration of scheduling a public hearing to formally discuss any concerns associated with this petition. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for the vacation of a drainage and utility easement (Lot 10, Block 7, Zehnder Acres) and schedule a public hearing to be held on November 5, 1992. L Agenda Information Memo October 8, 1992 City Council Meeting FINAL PLAT/POPPLER HOMESTEAD NO. 2 P. Final Plat,Poppler Homestead No.2—The applicant and City staff are in the process of finalizing final plat documents relative to Poppler Homestead No. 2. If all items are completed and ready for execution by next Thursday's meeting, the item will be in order for consideration by the City Council. If not, a recommendation will be made to continue the item at the time of agenda adoption. A copy of the plat as it appears for filing at Dakota County is enclosed on page 5/ for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Poppler Homestead No. 2 as presented. EXHIBIT "A" art _ ii :.:_._ _ l — POPPLER HOMESTEADS NO. 2 • \A \ AWW 1 1 Aai A 1 C .\\, . - , Da.erl►t len • ,,Anv.. \ 1 `t � r �y\! r• .t i OtTLOt A. 0071.0f S. and Lets 1, 1, S, a, S, and 6, Pouter Moor- i •; • I 4 ) ^ studs. Kcccccn:to the recorded plat thereof on file in the off(ee \L_ .� ♦ iI E . ' of the County 4eordet, Oaket.County, M(nneeota. . ' \\\• " \' .t 1 • at Total Are.of Plat 606 771 Sq. Pl. 9.701 AC.• \ `� � � I , \. \ e I H Total An Area of Lot 6 61.289 Sq. h. 1.407 AC. • ra.aw r Ares Above pond nigh water level 35.4)1 Sq. n• 0.6173 AC. ',, Ire•2! `\, • ,•I • :..p •11!_le Total Area of Lot 7 106.756 Sq. rt. 7.479 AC. '\\ ;'` Area Abate pee►16k water level 33.577 Sq.rt. 0.770 AC. I\ ;A �\ �1x! R .X' Total .6.A!Let 6 90.747 Sq. rt. 1.123 AC. Ii i'l i 1.; F f y Ae.a alone labs win weer 1.w1 65.917 Sq.n. 1.123 AC. \ 1t t! a Total Area of Let 4 79.723 Sq. rt. 0.677 AC. / \ � n t Area oboes Mad high ester level 24,346 Sq. Pl. 0.160 AC. \'El \..1\ 5�=4 2 . a a: \ \ Y•'It I S, , t?.rrel,t 7en11e( A `�` M.M.M a7 Ondrrl7t9 Leta 1 thew{,.6 And 91111.0(S of Peppier 14oreste.de. \,C..3' t I k . Se.ldentt.l, (0.1). A v `c+r,y 91Nrrly►.a 91117At A H roppler IIeOe.tese..Agricultural, seeking to• rte+.• 'roe ¶•-_ �1 l .00.tI nsa.to n.l6ML1, (1-1)• . \ 1 � , t \it: 1 •L\ . I L. Mt I il ei �x ti 1 c• ( J 13 5:7, } I ti -• t ly I fl.• hen 1 1 a I E Z Ir . t• I 1 �. ' ne.JJ • f �, 0.67 Onto Mr KR . _.12:}j— ‘4 .i ... . 1 • ' H.IM..... jC�. ., �, .was.,...G. happier Ili. _ g lone, 01000 Lane Wan, Mlnneoota 55171 • 1• ' - Phone,614-1959 ' • i essa � r J 1.l K w WI IWO. t♦•trr P. S-rn-r ✓ i t ' rj,� ,• ".1"; -- Gnnn,,n. 55171 3 Z I i a n aI {Celli p. 1 ..,M Newt. • tt�j11 fit/ ({I ` la.,ew•.•P. eLann NI 11110 Plonler 4, I `\ the...nn. 55171 �. ` PROM ON PM • , `\ � Q , iota. . 1 _ f 1 ,. 1 Paul.. Ginty / Paul 1.Mcla5an 6 Soo `� Iii f '- - J; ..... 7))Dakota Ave. I Oust St.Paul, SE 1111! • x J.` r1• :'y �'- Moon:457.5643 • l I • 4. N I - Kern.*Aloe '` `L�-- I . r:4.ammo toes,. M _-- V ■ , \ 1 L I,/l . ss 1 I 6 ~ b e1. JS I..S(L �6• 3 • • Te ' •II t't I l I ~ • S • - •1 brow O.777N ATV 4 a err • 'S • • t . 0 J•.t'fee snort. Sa ,f r*e CA..Al Av.,.. sass._ • • 1 . , sass_• Ai PI /FM . - _ • \ t. .1 ••.. .. 1. KIWI YAM AllrlJ' I 'AMI! ev 't'.J.PI A,110_rt' • RECEIVED JUN 2 1989 . c ( Agenda Information Memo October 8, 1992 City Council Meeting FINAL PLAT/DEERWOOD SCHOOL SECOND ADDITION Q. Final Plat, Deerwood School Second Addition—The applicant and City staff are in the process of finalizing final plat documents relative to Deerwood School Second Addition. If all items are completed and ready for execution by next Thursday's meeting, the item will be in order for consideration by the City Council. If not, a recommendation will be made to continue the item at the time of agenda adoption. A copy of the plat as it appears for filing at Dakota County is enclosed on page 53 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Deerwood School Second Addition as presented. • f •.♦ • I:: I • --- me r r w.w.rr w.e.nwa..i.*f4.w •w.r.rt \ y,... - �. •• ,-• % '_ Eli ` # • �,? `‘• • f 1J z 'el• la Ili Y1 !`I 1"' `� '`\! c g rid \ �' ;) •! .` �� .. ��•} \O ti si fl tz r* ,1 It 4 I E \i II i it �(\ c .. dyer , «� I_, 3 _ I 'w T � I x x 1� t J^ t F. ! t 1 : t r N 3 '1204:+ e../1 e..,,. i I I ts: 1.73 : L..________ .. — -- —__. _. _ .- - 4b441.*N b 1 —e45-4: -- ril i iv 1 i If' ' I I i , D I iIJ I I t 1:; II li I ii i 1,; 1 91 i • i r � i `r Ef I U i if .11111 f P. a t It t < < If lilt i1 p .1 r • .* s t I * fs it! Nit P i E r 5�,., , - ' 1 • ; - 1 Pg k • , 1t/ I ,' . I +�', [ 11 I III 1 •I / , v .• y a e f "' �- l I 'll `(� pct 1 IL 1 I Iii � � I :I. �` u 5 ?7 Agenda Information Memo October 8, 1992 City Council Meeting HEALTH CARE REVENUE BOND RESOLUTION R. Resolution Giving Host Approval to the Issuance of Health Care R nue Bonds, Series 1992 (Group Health Plan Inc. Project)--Enclosed on pages 5S through correspondence from the firm Briggs and Morgan, representing Group Health Inc., and its new family medical center located at 4555 Erin Drive. As outlined in the letter, the Housing and Redevelopment Authorities of St. Paul and Minneapolis are sponsoring a $70,000,000 health care revenue bond series of which a portion will be applied to the Eagan facility. The City incurs no additional obligations nor does this activity limit the City's bonding authority in,other regards. It is simply necessary for the City to pass the resolution enclosed on page �to act as a host agency for the issuance of these bonds. The body of the resolution makes reference to a public hearing. That public hearing is the one held by the Minneapolis Housing & Redevelopment Authority. No separate public hearing is required for the host resolution. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution giving host approval to the issuance of health care revenue bonds, series 1992 (Group Health Plan Inc. Project) as presented. 5 LAW OFFICES BRIGGS AND MOBGAN PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANE BUILDING SAINT PAUL,MINNESOTA 55101 TELEPHONE (612) 223-6600 FACSIMILE (612) 223-6450 September OFFICE WRITER'S DIRECT DIAL NUMBER Se tember 24 1992 e400 IDS CENTER p MINNEAPOLIS,MINNESOTA 55402 TELEPHONE 1812)334-8400 FACSIMILE(912)334-8660 (612) 223-6625 Mr. Eugene VanOverbeke Finance Director 3830 Pilot Knob Road Eagan, MN 55122 Re: Joint Issuance by the Housing and Redevelopment Authority of the City of Saint Paul and the City of Minneapolis - $70,000,000 Health Care Revenue Bonds, Series 1992 (Group Health Plan, Inc. Project) Dear Mr. VanOverbeke: • Enclosed is the resolution which I discussed with you in our telephone conversation. The resolution gives "host approval" to the above referenced bonds which are being jointly issued by the Housing and Redevelopment Authority of the City of Saint Paul and the City of Minneapolis. Section 147(f) of the Internal Revenue Code requires "host approval" from each municipality in which a facility, which is to be financed or refinanced by the revenue bonds, is located. The facility that is located in your municipality is Eagan Family Medical Center located at 4555 Erin Drive. It is anticipated that approximately $200,000 of the proceeds of the bonds will be used to finance or refinance costs for this facility. As indicated in the enclosed resolution, the bonds are payable solely from revenues of Group Health and are not general obligations, or payable from any revenues of your City, or any other political subdivision. In addition, no portion of the bonds will count against your City's $5,000,000 "small issuer" rebate exception. • I would appreciate if the enclosed resolution is placed on the agenda for the City Council meeting on October 8, 1992. If you would like a representative of Group Health or our office to be present at that meeting, please let me know. s------- BRIGGS AND MORGAN Mr. Eugene VanOverbeke September 24, 1992 Page Two Someone from our office will contact you following the Council meeting to find out if the resolution was adopted, and to arrange to obtain an executed copy of the resolution. If you have any questions, please feel free to give me a call. Very truly yours, tr Mary M. D Seth MMD:mw Enc. 5- RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HEALTH CARE REVENUE BONDS, SERIES 1992 (GROUP HEALTH PLAN, INC. PROJECT) WHEREAS, Group Health Plan, Inc. , a Minnesota non-profit corporation ("Group Health") , currently operates facilities located at 4555 Erin Drive in the City of Eagan (the "Local Facilities") . WHEREAS, Group Health has proposed that the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, and the City of Minneapolis, Minnesota, jointly issue Health Care Revenue Bonds in the approximate principal amount of $70,000,000 (the "Bonds") to finance or refinance various capital expenditures made by Group Health in approximately 18 cities located through the State of Minnesota, including the Local Facilities. WHEREAS, Section 147 (f) of the Internal Revenue Code of 1986, as amended, requires that each municipality in which facilities to be financed or refinanced by the Bonds are located must approve the issuance of the Bonds following a public hearing. WHEREAS, a public hearing on the issuance of the Bonds was • held by the City of Minneapolis and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, on September 8, 1992, and September 22, 1992, respectively. WHEREAS, the Bonds are payable solely from revenues of Group Health, will not be a general or moral obligation of the City of Eagan, the Housing and Redevelopment Authority of the City of Saint Paul, the City of Minneapolis or any other political subdivision but will be payable solely from revenues of Group Health to the extent and in the manner provided in the documents executed in connection with the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan that the City hereby gives the host approval required under the Internal Revenue Code to the issuance of the Bonds. Adopted: October 8, 1992 5-1 Agenda Information Memo October 8, 1992 City Council Meeting • FINAL ASSESSMENT HEARING/DELINQUENT WEED NOTICES A. Final Assessment Hearing,Delinquent Weed Notices•-A public hearing has been properly noticed and scheduled for the October 8, 1992 Eagan City Council meeting to consider certification for special assessment of delinquent weed notices. The cost concerned involved properties which have violated the City's weed ordinance and have been notified and cited in that regard without compliance. Subsequent to that procedure, the City properly entered the property and mowed the weeds. The cost associated with that activity has been billed to the property owners and no payment has been received. As a consequence, these items are in order for consideration for special assessment. Enclosed on page 57 is a copy of that list of properties. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve or deny the final assessment roll for delinquent weed notices and authorize its certification to the County for collection. 7/r/2.2 PENDING PROPERTY ID S/A ASSESSED AMT SPECIAL ASSESSMENT NUMBER 10-16701-320-01 62.50 10WEED 10-17402-110-02 80.00 10WEED 10-32900-010-01 47.50 10WEED 10-32900-030-01 47.50 10WEED 10-32900-040-01 47.50 10WEED 10-32900-050-01 47.50 10WEED 10-44901-020-03 110.00 10WEED 10-56210-070-03 100.00 10WEED 10-65903-021-03 50.63 10WEED 10-65903-031-03 50.63 10WEED 10-65903-041-03 50.63 10WEED 10-65903-051-01 50.62 10WEED 10-65903-051-03 50.62 10WEED 10-65903-061-01 50.62 10WEED 10-65903-061-03 50.62 10WEED 10-65903-071-01 50.62 10WEED 947.49* ***** END OF REPORT ***** TYPE 'RETURN' KEY TO CONTINUE Agenda Information Memo October 8, 1992, City Council Meeting FINAL ASSESSMENT HEARING (OAKS OF BRIDGEWATER 2ND ADDN) B. Project 610, Final Assessment Hearing (Oaks of Bridgewater 2nd Addition - Streets & Utilities)--On September 1, the final assessment roll was received for the above- referenced project and a public hearing scheduled for October 8. Enclosed on page is a summary tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on May 7, 1991. All costs came in substantially below the estimate with the exception of street surfacing due to the installation of a temporary bituminous base prior to the '91-'92 winter season at the request of the developer. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this final assessment hearing. As of this date, staff has not received any objections to the proposed final assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 610 (Oaks of Bridgewater 2nd Addition) and authorize its certification to the Dakota County. • (e FINAL ASSESSMENT HEARING PROJECT NUMBER: PROJ. 610 ASSESSMENT HEARING DATE: OCT. 8, 1992 SUBDIVISION/AREA: OAKS OF BRIDGEWATER 2ND ADDN. PUBLIC HEARING DATE: MAY 7, 1991 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. . Feasibility Report FINAL F.R. FINAL F.R. AANITARY SEVER RATES RATES STORM SEVER RATES RATES ❑Trunk 0 Trunk ®Laterals S2,753.841Lot $3,481/Let ® Laterals $2, a3 17/I nt $4,435/I nt ❑ Service ❑ Lat. Benefit/ Trunk ❑ Lat. Benefit/ Trunk WATER ER S OTrunk ❑ Gravel Base ®Laterals $1„33Q fib/I nt 81.7%n/I nt �] Surfacing =R,L9L of/i„t $4,q8?/Lot ❑Service 0 Res. Equiv. ❑Lat. Benefit/ 0 Multi Equiv. Trunk ❑ C/I Equiv. ❑VAC ❑ Trail SERVICES - STREET LIGHTS © Water & San. Sewer $ 995.16/Lot $1,106/Lot ❑ Installation ❑ Energy Charge CONTRACT # OF INTEREST AMOUNT CITY NO. PARCELS TERMS rI RATE ASSESSED FINANCED $515,250.00 F.R. -0- . F.R. 91-04 35 5 Yrs. 6.5 % 491,189.16 -0- COMMENTS: Agenda Information Memo October 8, 1992, City Council Meeting FINAL ASSESSMENT HEARING (WILLBROOK ADDITION) C. Project 613, Final Assessment Hearing (Willbrook Addition - Streets & Utilities)-- The final assessment roll for the above-referenced improvement was presented to the Council on September 1 with the public hearing scheduled for October 8. Enclosed on page (0 is a summary tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on June 4, 1991. All costs came in below the feasibility report estimate except for the street construction which required additional effort and materials due to bad subsoils encountered during construction that were not known at the time of the feasibility report. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. As of this date, staff has not received any objections to the proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 613 (Willbrook Addition - Streets & Utilities) and authorize its certification to Dakota County. FINAL ASSESSMENT HEARING PROJECT NUMBER: 613 ASSESSMENT HEARING DATE: OCT. 8, 1992 SUBDIVISION/AREA: WILLBROOK PUBLIC HEARING DATE: JUNE 4, 1991 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.B. - Feasibility Report FINAL F.R. FINAL F.R. SANITARY SEWER RATES RATES FTORM SEWER RATES RATES (:]Trunk . ❑ Trunk • Laterals $1,157.74/Lot $1,250.00/Lot ® Laterals $1017.05/Lot $1,875.00/Lot [' Service ❑ Lat. Benefit/ Trunk (plat. Benefit/ Trunk WATER STREETS ❑Trunk ❑ Gravel Base ®Laterals $1 ,294.74/1.nt $1 ,175.00/1.nt al Surfacing $4,1R6_9'1/T.nr $2,6R7_5n/r.nt ❑ Service ❑ Res. Equiv. ❑Lat. Benefit/ ❑ Multi Equiv. Trunk 0 C/I Equiv. ['WAG ❑ Trail SERVICES STREET LIGHTS ® Water & San. Sewer $ 976.93/Lot $ 937.50/Lot ® Installation$ 127.50/Lot $187.50/Lot ❑ Energy Charge CONTRACT # OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $148,163.04 -0 91-05 16 5 Yrs. 6.5 % 133,000.00 (P.R.) -0- COMMENTS: e Ca 3 Agenda Information Memo October 8, 1992 City Council Meeting REFUNDING/CINNAMON RIDGE PROJECT D. Proposal to Issue Refunding Bonds or Notes to Prepay and Redeem. the City's $11,350,000 Multi-family Housing Revenue Bonds(Cinnamon Ridge Project)Series 1985--In 1985, the City of Eagan authorized the issuance of $11,350,000 in multi-family housing revenue bonds for the Cinnamon Ridge Limited Partnership to be used for construction of the Cinnamon Ridge Apartments. That complex is located on Cliff Road,west of the Cedar Avenue freeway. In a related transaction, the City's HRA, the City Council, entered into an interest rate reduction loan agreement with the Partnership. The purpose of the loan agreement was to reduce the effective rate of interest on a mortgage loan made to the developer. A TIF district was set up using 50% of the new property taxes generated by the development as a source of funding to repay the loan. At the time of issuance, the bond documents provided that there would be a mandatory tender of the bonds by the original bond holders and a remarketing of the bonds on November 1, 1992. The Partnership was also given the right to redeem the bonds on that date, to permit a current refunding of the issue. As a result of the original structure of the bond transaction, current economic conditions and the ability of the Partnership to refund with Mellon Bank, who originally secured the bond issue with a letter of credit, the Cinnamon Ridge Limited Partnership is proposing to • issue 1) multi-family housing revenue refunding bonds and an aggregate principal amount not to exceed $8,000,000 and 2) multi-family housing revenue second mortgage refunding note of 1992 and an aggregate principal amount not to exceed $3,245,000. The first issuance will be a public sale of bonds, while the second issuance is a private placement or "note." The total aggregate will pre-pay and discharge the outstanding multi-housing revenue bonds in the original principal amount of$11,350,000,which were issued to finance the acquisition, construction and installation of a multi-family rental housing development. For additional information on this item, refer to correspondence from Richard Kahn, representing SCA Development Inc. on behalf of Cinnamon Ridge Limited Papfnership, enclosed on pages ,. cthrough(4. Also enclosed on pages !0?through Wis a copy of a memo from the Director of Finance regarding a special provision in the transaction for 1/8th of 1% administrative ch ge and forth r explanation of the tax increment financing. Finally, enclosed on pages ('7 through' is a copy of a resolution entitled "Resolution Authoriz gi e Issuance of Multi-Family Revenue Refunding Bonds" and on pages through 7 the final note resolution entitled "Multi-Family Housing Revenue Second Mortgage Refunding Note of 1992." ACTION TO BE CONSIDERED ON THIS ITEM: To consider approval or denial of 1) the resolution authorizing the issuance of multi-family housing revenue refunding bonds and 2) a resolution entitled "Final Note Resolution" for multi-family housing revenue second mortgage refunding note of 1992. Cr2 (.( 1117 Marquette Avenue Suite 200 S C A SCA Development,Inc. Minneapolis,Minnesota 55403 (612)332-5544 Fax(612)332-8284 li (2 @ ^ O U O 1,'I SEP ► 5 (03 September 11, 1992 f , Mr. Thomas L. Hedges -J City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Dear Mr. Hedges: On behalf of Cinnamon Ridge Limited Partnership, I am writing to request the City's assistance in the refinancing of the Cinnamon Ridge project located at Cliff Road and Slater Road. First of all, by way of background, Cinnamon Ridge was originally financed by a tax-exempt bond issue of $11,350,000 issued by the City of Eagan in November, 1985. This bond issue was fully secured by a letter of credit issued by Mellon Bank of Pittsburgh. From the beginning, the bond documents provided that there would be a mandatory tender of the bonds by the original bondholders and a remarketing of the bonds on November 1, 1992. The Partnership was also given the right to redeem the bonds on that date, to permit a current refunding of the issue. Last year, subject to the approval of the City of Eagan, • the Partnership proposed to Mellon that the bonds be redeemed instead of remarketed, and be replaced by a tax-exempt, floating . rate refunding bond issue, again secured by a Mellon letter of credit. With the refunding issue, the Project's debt service would initially be reduced by more than $400,000 per year, thereby securing the Project's financial health and stability. In this regard, it should be noted that the Project has been unable to cover all of the interest on the current bonds since May of 1991 (but Mellon has always advanced the funds necessary to pay all of the bond-holders in full and on time) . The debt service reduction would be enough to allow the Project to be fully current from this point forward, and to repay to Mellon its previous debt service advances. Like almost all other rental projects in America, Cinnamon Ridge has suffered from the consequences of regional over-building and a troubled economy. In response, we have invested approximately $100, 000 in the Project over the past ten months to upgrade it, and have aggressively marketed it. Consequently, Cinnamon Ridge is now 100% occupied. Particularly given the proximity of the Mall of America with its 9,000 jobs, and the City of Eagan's continuing attractiveness as a place to live, the Project should be able to maintain a high occupancy level for years to come. • Last Thursday, Mellon agreed to go forward with a refunding issue on terms that make great sense both to the Bank and to the Partnership. In reviewing our request for its approval of the refunding, we would ask the City to consider the following points: (4, 1,r September 11, 1992 Page Two 1. As was the case with the original issue, the bonds sold to the general public will be secured solely by the Mellon Bank letter of credit, and the City will have no obligation to pay the debt service on the bonds. The size of the Mellon Bank secured bond issue will be reduced to approximately $8 million. The remaining tax-exempt bonds will be in the form of a tax-exempt mortgage held by Mellon Bank and not sold to the general public. 2. As a refunding issue of existing tax-exempt bonds, the new issue will not count against any tax-exempt bond authority otherwise available to the City. 3. The affordable housing requirements incorporated in the original issue will be fully preserved. 4. Under its terms, the Interest Rate Reduction Agreement entered into when the original bonds were issued will remain in full force and effect. The Partnership's ability to repay the City's second mortgage loan (created by the Interest Rate Reduction Agreement) will be severely impaired, however, if the Project's first mortgage debt service obligations are not significantly reduced. We will be requesting formal approval of the refunding bond issue from the City Council at its October 8th meeting. In the meantime, please let me know if you have any questions or need any additional information. Thank you for your 'consideration of our request. Sincerely, 774-c,-74-4 / Richard S. Kahn cc: Gene VanOverbeke Kathy Aho l-2 MEMO - _city of eagan • TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: SEPTEMBER 30, 1992 SUBJECT: CINNAMON RIDGE REFINANCING - TIF - 1/8 OF 1% ADMINISTRATIVE CHARGE TIF In 1985, the City of Eagan authorized the issuance of$11,350,000 in multi-family housing revenue bonds for the Cinnamon Ridge Limited Partnership to be used for construction of the Cinnamon Ridge Apartments. In a related transaction, the City's Housing and • Redevelopment Authority entered into an interest rate reduction loan agreement with the Partnership. The purpose of the loan agreement was to reduce the effective rate of interest on a mortgage loan made to the developer. A tax increment financing district was . set up using 50% of the tax increment generated by the development as the source of funds for the loan. Each January and July, the City passes the 50% tax increment collections to First Trust acting as Trustee. The Trustee then applies the advances solely to the payment of interest on the mortgage loan. Simple interest at the rate of 5% per annum is accrued on the aggregate amount of all advances made by the City. As of December 31, 1991, the City had advanced $558,967.32 to the Partnership and $55,242.38 of interest had been accrued on the advance for a total receivable of $614,209.70. The City has this receivable recorded in its financial statements while the Cinnamon Ridge Limited Partnership shows it as a liability in their statements. Additional advances of $164,957.00 have been made in 1992. The first advance was made in July of 1988. Although there are a number of events which have the potential to advance the • repayment date, it is expected that the loan will be repaid ten (10) years after the first advance was made by the City. The developer's obligation to repay the City loan is secured by a second mortgage which is subordinate to the first mortgage. The certified public accountant's independent auditor's report for the Partnership for the years ended December 31, 1990 and 1991 contained a"going concern" clause indicating • CINNAMON RIDGE REFINANCING SEPTEMBER 30, 1992 PAGE 2 that the Partnership may be unable to continue in existence. The developer's representatives have indicated that the refunding being contemplated should improve the financial position and increase the potential of full repayment of the loan to the City without any default proceedings. 1/8 of 1% Administrative Fee On August 6, 1985, the City passed a resolution allowing the City of Eagan and Dakota County Housing and Redevelopment Authority to collect an annual fee equal to 1/8 of 1% of the outstanding principal amount of any revenue bonds or obligations issued under Chapter 462C to finance multi-family housing developments. The resolution states generally that the funds will be used to promote and assist future housing-related development within the City. Through December 31, 1992, the total City fund had $389,466 of collections and interest earnings related to this administrative charge. Cinnamon Ridge began paying a semi-annual fee on December 1, 1987, pursuant to the bond documents. The following payments have been received: Date Paid Amount 12-24-87 $ 7,094 08-04-88 7,094 01-04-89 7,094 11-01-89 7,094 11-28-89 7,094 06-18-90 7,094 11-19-90 7,094 06-10-91 7,094 12-02-91 7,094 05-18-92 7.094 $70,940 The City has entered into an agreement with the Dakota County HRA to monitor compliance with bond documents for the multi-family residential bonds as well as to collect this fee. Staff has instructed Steve Rosholt and Dave MacGillivray, acting on behalf of the City, to ensure through the refinancing process that the City's current position is maintained or enhanced. I believe this covers the questions raised in your September 21, 1992 memo; however, if you would like any additional information, please advise. . Finan irector/City Clerk EJV/vmd 6 CITY OF EAGAN, MINNESOTA RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (CINNAMON RIDGE PROJECT REFUNDING) ' SERIES 1992 BE IT RESOLVED by the City Council (the "Council") of the City of Eagan, Minnesota (the "City") as follows: 1. The Council has received a request from Cinnamon Ridge Limited Partnership, a Minnesota limited partnership (the "Company") , that the City undertake to refinance a multifamily rental housing development as herein described pursuant to Minnesota Statute, Chapters 462, 462A and 462C, as amended (the "Act") , through issuance by the City of its: (a) Multifamily Housing Revenue Refunding Bonds (Cinnamon Ridge Project) , Series 1992 in an aggregate principal amount not to exceed $8, 000, 000 (the "Bonds") , and (b) Multifamily Housing Revenue Second Mortgage Refunding Note of 1992 (Cinnamon Ridge Project) in an aggregate principal amount not to exceed $3,245,000 (the "Note") , both issued to prepay and discharge the outstanding Multifamily Housing Revenue Bonds (Cinnamon Ridge Project) , Series 1985 issued by the City in the original principal amount of $11, 350, 000 (the "Prior Bonds") issued to finance the acquisition, construction and installation of a multifamily rental housing development in the City of Eagan, Minnesota (the "Project") . 2 . Pursuant to a notice published in a newspaper of general circulation within the City not less than 14 days prior to the date of the hearing, the City Council conducted a public hearing on the proposal to issue the Bonds and the Note. 3 . The Project is reserved for rental in part by persons of low and moderate income, with at least twenty percent (20%) of the units occupied or held for occupancy by families or individuals with adjusted income not in excess of eighty percent (80%) of the median family income estimated by the United States Department of Housing and Urban Development for the area in which the Project is located. 4 . It is proposed that the City will loan the proceeds of the Bonds and the Note to the Company which will cause the trustee for the Prior Bonds to apply such proceeds to prepay and redeem the Prior Bonds. The payments to be made by the Company under the revenue agreements for the Bonds and the Note, respectively, are fixed so as to produce revenue sufficient (together with revenues derived from the investment of funds and accounts relating to the (.09 Bonds or Note) to pay the principal of, premium, if any and interest on the Bonds and Note when due. 5. It is further proposed that the City assign its rights to the Basic Payments, as defined in the Loan Agreement dated as of October 1, 1992 (the "Loan Agreement") between the Company and the City, and certain other rights under said Loan Agreement to First Trust National Association in St. Paul, Minnesota, as trustee (the "Trustee") under an Indenture of Trust proposed to be dated October 1, 1992 (the "Indenture") as security for payment of the Bonds. Mellon Bank, N.A. (the "Credit Bank") will issue its Letter of Credit (the "Letter of Credit") to further secure the payment of the principal of, and interest and premium on, and purchase price of, the Bonds. As further security for the Bonds and for the obligations of the Company under the revenue agreement relating thereto the Company has entered into a Mortgage and Security Agreement and Fixture Financing Statement, dated as of November 1, 1985, and will enter into an Amendment to Mortgage and Security Agreement and Fixture Financing Statement dated as of October 1, 1992 (collectively, the "Mortgage") in favor of the Trustee and the Credit Bank. The Bonds will bear interest at a Variable Rate (as defined therein and in the Indenture) , and will be subject to purchase from the Holders thereof upon demand. Bonds tendered for purchase will be remarketed pursuant to a Remarketing Agreement dated as of October 1, 1992 (the "Remarketing Agreement") among the Trustee, the Company and Dain Bosworth Incorporated, as Remarketing Agent (the "Remarketing Agent" may include other firms as well) . The Bonds will be sold upon issuance thereof to Dain Bosworth Incorporated (the "Original Purchaser") pursuant to a Bond Purchase Agreement dated on or before October 29, 1992 (the "Contract of Purchase") between the City, the Company and the Original Purchaser. 6. Prior to the date of issuance of the Prior Bonds, the City approved and submitted to the Minnesota Housing Finance Agency ("MHFA") a "financing program" for the Project as required by Minnesota Statutes, Chapter 462C. MHFA approved the financing program and no new or amended financing program need be submitted to MHFA in connection with the issuance of the Bonds. 7. Forms of the following documents have been submitted to this Council for approval: (a) the Loan Agreement; (b) the Indenture; (c) the Mortgage; (d) the Contract of Purchase; 2 nV (e) an Amendment to Regulatory Agreement (the "Amendment") among the City, the Trustee and the Company; (f) the Remarketing Agreement; (g) a form of the Bonds; and (h) the Preliminary Official Statement with respect to the Bonds. 8. It is hereby found, determined and declared that: (a) the Project described in the Loan Agreement and Indenture referred to above constitutes a multifamily rental housing development authorized by the Act; (b) the purpose of the Project was and the effect has been to promote the public welfare by providing additional decent, safe and sanitary rental housing opportunities for low and moderate income persons within the City; (c) the Project is located within the City limits; (d) the refinancing of the Project by payment and • discharge of the Prior Bonds, the issuance and sale of the Bonds and the Note, the execution and delivery by the City of the Loan Agreement, the Contract of Purchase, the Amendment and the Indenture, and the performance of all covenants and agreements of the City contained in the Loan Agreement, the Contract of Purchase, the Amendment and the Indenture and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Note Loan Agreement, the Contract of Purchase, the Amendment, the Indenture and the Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (e) it is desirable that the Prior Bonds be discharged and prepaid and that the Bonds be issued by the City upon the terms set forth in the Indenture; (f) under the provisions of the Act, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds or assets of the City other than the funds and revenues • expressly pledged to the payment thereof; the City is not subject to any liability thereon other than 3 from such pledged funds and assets; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement and the Project which have been assigned to the Trustee under the Indenture; and the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Loan Agreement and the Project which have been assigned to the Trustee under the Indenture and the funds and revenues held by the Trustee under the Indenture. 9. Subject to the approval of the City Attorney and the provisions of paragraph 13 hereof, the forms of the Loan Agreement, the Contract of Purchase, the Bonds, the Amendment, the Mortgage, and the Indenture and exhibits thereto are approved in substantially the form submitted. Each of the Loan Agreement, Contract of Purchase, Amendment and Indenture, in substantially the form submitted, are to be executed or consented to in the name and on behalf of the City by the Mayor and City Administrator. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in said Loan Agreement, Bond Purchase Agreement, Amendment and Indenture. 10. The distribution and use of the Preliminary Official Statement and the final Official Statement is hereby authorized. The City has not participated in the preparation of the Preliminary . Official Statement or the final Official Statement and makes no representations either express or implied as to the contents or adequacy thereof. 11. The City authorizes the issuance of and shall proceed forthwith to issue the Bonds, in the form and upon the terms and conditions set forth in the Indenture, except that the initial interest rate on the Bonds shall be as proposed by the Developer and the Original Purchaser and agreed to by the Mayor and City Administrator, but not to exceed twelve percent (12%) . The aggregate principal amount of the Bonds shall not exceed $8, 000, 000. The offer of the Original Purchaser to purchase the Bonds at the prices set forth in the Contract of Purchase is hereby accepted. The Mayor and City Administrator are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Original Purchaser. 12. The Mayor, City Administrator, and City Clerk and other officers of the City are authorized and directed to prepare and 4 13L— furnish to Leonard, Street and Deinard, Professional Association, as Bond Counsel, and to the Original Purchaser certified copies of all proceedings and records of the City relating to the Bonds, and such other documents, affidavits and certificates as may be required or appropriate for the issuance of the Bonds or to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 13. The approval hereby given to the various documents referred to above includes approval of such additional or changed terms therein and documentation related thereto as may be necessary and appropriate, and such modifications thereof, deletions therefrom and additions thereto as by the City Attorney and the City officials authorized herein to execute said documents determine to be not materially adverse to the interests of the City; said City officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the officers specifically named herein, any of the documents authorized by this Resolution to be executed may be executed by a person authorized to act in their absence. In the event the title insurance company providing mortgagee's title insurance to the Trustee and Credit Bank will not insure the Mortgage, as amended, the Company, the Trustee and the Credit Bank are hereby authorized to negotiate, execute and deliver a mortgage instrument granting liens and security interests in the Project in favor of the Trustee and • Credit Bank in such form as will provide security for the Bonds and the Credit Bank and is acceptable to them and is in form acceptable to such title insurance company. 14 . The Note is authorized and issued pursuant to the Final Note Resolution of even date herewith. This Resolution does not govern the Note. • 5 1,3 15. This Resolution shall be in full force and effect from and after its passage. Adopted: , 1992. Mayor ATTEST: • City Clerk 6 STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss. CITY OF EAGAN ) CERTIFICATE OF CITY CLERK - i I, the undersigned, being the duly qualified and acting City Clerk of the City of Eagan, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City of Eagan duly called and held on the date therein indicated, insofar as such minutes relate to the authorization of the issuance of the Multifamily Housing Revenue Refunding Bonds (Cinnamon Ridge Project Refunding) Series 1992. WITNESS my hand and seal of said City of Eagan this day of October, 1992. City Clerk City of Eagan, Minnesota c:\docs\rhm\eagan\resol Drafts 9/30/92 FINAL NOTE RESOLUTION CITY OF EAGAN, MINNESOTA MULTIFAMILY HOUSING REVENUE SECOND MORTGAGE REFUNDING NOTE OF 1992 (CINNAMON RIDGE PROJECT) ADOPTED: October 8, 1992 • • NOTE RESOLUTION (This Table of Contents is not a part of this Resolution, but is included for convenience only) TABLE OF CONTENTS Paae ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS 1 1-1. Definitions 1 1-2. Legal Authorization 3 1-3. Findings 3 ARTICLE TWO NOTE 4 2-1. Authorized Amount and Form of Note 4 2-2. The Initial Note 11 2-4. Delivery of Initial Note 11 2-5. Disposition of Note Proceeds 12 2-6. Registration of Transfer 12 2-7. Mutilated, Lost or Destroyed Note 12 2-8. Ownership of Note 13 2-9. Limitation on Note Transfers 13 2-10. Issuance of New Notes 13 ARTICLE THREE GENERAL COVENANTS 14 3-1. Payment of Principal and Interest . . . . . 14 3-2. Performance of and Authority for Covenants . . . 14 3-3. Enforcement and Performance of Covenants 14 3-4. Nature of Security 14 3-5. Preservation of Tax Exempt Status of the Note . 15. ARTICLE FOUR MISCELLANEOUS 17 4-1. Severability 17 4-2. Authentication of Transcript 17 4-3. Registration of Resolution 17 4-4. Authorization to Execute Agreements 17 i NOTE RESOLUTION BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS 1-1. Definitions. The terms used herein, unless the context hereof shall require otherwise shall have the following meanings, and any other terms defined in the Note Loan Agreement shall have the same meanings when used herein as assigned to them in the Note Loan Agreement unless the context or use thereof indicates another or different meaning or intent. Act: Minnesota Statutes, Chapters 462, 462A and 462C, as amended and in effect on the date of issue of the Prior Bonds; Assignment of Leases and Rents: the agreement to be executed by the Borrower assigning all the leases, rents, issues and profits derived from the Project to the Lender to secure the repayment of the Note and interest thereto; Bond Counsel: the firm of Leonard, Street and Deinard, Professional Association, of Minneapolis, Minnesota, or any other person or firm experienced in the area of municipal bonds and recognized as Bond Counsel, selected by the Developer and acceptable to the Issuer, the Trustee and the Bank; and any opinion of Bond Counsel shall be a written opinion signed by such counsel; Borrower: Cinnamon Ridge Limited Partnership, a Minnesota limited partnership, its successors, assigns, and any surviving, resulting or transferee business entity which may assume its obligations under the Note Loan Agreement; City: the City of Eagan, Minnesota, its successors and assigns; Land: the real property and any other easements and rights described in Exhibit A attached to the Note Loan Agreement; Lender: Mellon Bank, N.A. , a national banking association, in Pittsburgh, Pennsylvania, and its successors and assigns; $ortgage: the Mortgage Fixture Financing Statement and Security Agreement to be executed by the Borrower, as mortgagor, to the Lender, as mortgagee, securing payment of the Note and interest thereon; rote: the $3,245,000 Multifamily Housing Revenue Second Mortgage Refunding Note of 1992 (Cinnamon Ridge Project) , to be issued by the City pursuant to this Resolution and the Note Loan Agreement; Vote Loan Agreement: the agreement to be executed by the City and the Borrower, providing for the issuance of the Note and the loan of the proceeds thereof to the Borrower, including any amendments or supplements thereto made in accordance with its provisions; Note Reaister: the records kept by the City to provide for the registration of transfer of ownership of the Note; pledge Agreement: the agreement to be executed by the City and the Lender pledging and assigning certain rights and remedies of the City under the Note Loan Agreement to the Lender; Principal Balance: so much of the principal sum on the Note as from time to time may have been advanced to or for the benefit of the City and remains unpaid at any time; Prior Bonds: the City's $11,350,000 Multifamily Housing Revenue Bonds, Series 1985 (Cinnamon Ridge Project) issued by the City pursuant to a Trust Indenture dated as of November 1, 1985 between the City and First Trust Company, Inc. ; project: the real property described in the Mortgage and all improvements and fixtures located thereon and all equipment and other tangible property encumbered by the Mortgage, which real and personal property constitutes the multifamily residential rental project originally financed by the Prior Bonds; Resolution: this Resolution of the City adopted October 8, 1992, together with any supplement or amendment thereto; Series A Bonds: the $8,000,000 Multifamily Housing Revenue Refunding Bonds (Cinnamon Ridge Project) Series 1992A issued by the City; Taxable Note: the promissory note made by the Developer in favor of Mellon Bank, N.A. in the original principal amount of $ and dated October _, 1992; and the term "Taxable Note" as used herein shall include all loan agreements, mortgages, assignments and other instruments or documents executed and delivered in connection with the Taxable Note, other than instruments or documents relating to the Series A Bonds or the Note. All references in this instrument to designated "Articles," "Sections" and other subdivisions are to the designated Articles, Sections and subdivisions of this instrument as originally 2 executed. The words "herein," "hereof " and "hereunder" and other words of similar import refer to this Resolution as a whole not to any particular Article, Section or subdivision. 1-2. Legal Authorization. The City is a political subdivision of the State of Minnesota and is authorized under the Act to initiate the revenue producing project herein referred to, and to issue and sell the Note for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. 1-3. Findings. The City Council has heretofore determined, and does hereby determine, as follows: (1) the City is authorized by the Act to enter into the Note Loan Agreement for the public purposes expressed in the Act; • (2) the City has by this Resolution authorized the Project and execution of the Note Loan Agreement, the Pledge Agreement, and the Note which documents specify the terms and conditions of the financing of the Project; (3) in authorizing the Project the City's purpose was and is, and in its judgment the effect thereof will be, to promote the public welfare by: providing for the development of additional residential rental housing opportunities for residents of the City; providing for additional residential rental housing opportunities for persons and families of low or moderate income; providing additional decent, safe and sanitary housing in the City in accordance with State and local building codes and health and safety laws; the expansion of an adequate tax base to finance the cost of governmental . services, including educational services for the school district serving the community in which the Project is situated; (4) the amount estimated to be necessary to partially refund the Prior Bonds (together with the proceeds of the Series A Bonds) will require the issuance of the Note in the principal amount of $3,245,000 as hereinafter provided; (5) it is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of partially refinancing the Project; (6) the Note and the interest accruing thereon do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation and do not 3 constitute or give rise to a pecuniary liability or a charge against the general credit or taxing powers of the City and neither the full faith and credit nor the taxing powers of the City is pledged for the payment of the Note or interest thereon. ARTICLE TWO NOTE 2-1. authorized Amount and Form of Note. The Note issued pursuant to this Resolution shall be in substantially the form set forth herein, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total principal amount of the Note that may be outstanding hereunder is expressly limited to $3,245,000 unless a duplicate Note is issued pursuant to Section 2-7. The Note shall be in substantially the following form: 4 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN $3,245,000 Multifamily Housing Revenue Second Mortgage Refunding Note 1992 (Cinnamon Ridge) $3,245,000 FOR VALUE RECEIVED the CITY OF Eagan, Dakota County, Minnesota, (the "City") hereby promises to pay Mellon Bank, N.A. , in Pittsburgh, Pennsylvania, or its successors or registered assigns (the "Lender") , on or before November 1, 2015 (the "Final Maturity Date") from the source and in the manner hereinafter provided, the principal sum of THREE MILLION TWO HUNDRED FORTY- FIVE THOUSAND AND NO/100 DOLLARS ($3,245,000) or so much thereof as may have been advanced to or for the benefit of the City and remains unpaid from time to time (the "Principal Balance") with interest thereon. The rate of interest borne by the Principal Balance from time to time shall be the interest rate per annum which is one and one-half percent (1.50%) in excess of the interest rate borne by the City's $8,000,000 Multifamily Housing Revenue Refunding Bonds (Cinnamon Ridge Project) Series 1992A (the "Series A Bonds") as such interest rate in effect for the Series A Bonds shall be from time to time adjusted. Payment of the principal of and interest on this Note shall be in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. 1. All amounts advanced by the Lender to pay the principal of the City's $11,350,000 Multifamily Housing Revenue Bonds (Cinnamon Ridge Project) Series 1985 (the "Prior Bonds") , upon optional redemption thereof, on November 1, 1992, less proceeds of the Series A Bonds applied as reimbursement to the Lender for funds advanced for that purpose, shall be deemed an advance on account of this Note. The Principal Balance, and interest thereon, shall be paid monthly by the City to the Lender at the same times and in the same amounts as the Borrower's payments to the City as provided in Section 3.05 of the Note Loan Agreement dated as of October 1, 1992 (the "Note Loan Agreement") between the City and the Borrower, provided that the Principal Balance and interest thereon shall be paid in full no later than November 1, 2015 (the "Final Maturity Date") . 5 1 2. Interest shall be computed on the same basis as interest is calculated on the Series A Bonds. 3. If the Lender should not receive on the first day of any month all of the principal and interest then due on the Note, and if the City should continue to be in arrears through the tenth day of such month, then, in addition to all other sums due hereunder, the Lender shall be entitled to receive on the eleventh day of such month a service charge equal to four percent (4%) of the delinquent principal and interest. 4. Principal and interest and premium or service charge due hereunder shall be payable at the Pittsburgh, Pennsylvania office of the Lender, or at such other place as the Lender may designate in writing. 5. This Note is issued pursuant to and in full compliance with the Constitution and laws of the State of Minnesota, particularly Chapters 462,. 462A and 462C, Minnesota Statutes, and pursuant to a resolution of the City Council duly adopted on October 8, 1992 (the "Resolution") . 6. This Note is secured by a Pledge Agreement of even date herewith by the City to the Lender (the "Pledge Agreement") a [Mortgage, Security Agreement and Fixture Financing Statement] , of even date herewith between the Borrower, as mortgagor, and the . Lender as mortgagee (the "Mortgage") and an Assignment of Leases and Rents, of even date herewith, from the Borrower to the Lender (the "Assignment of Leases and Rents") . 7. The City, for itself, its successors and assigns, hereby waives demand, presentment, protest and notice of dishonor; and to the extent permitted by law, the Lender may extend interest and/or principal of or any service charge or premium due on this Note, including the Final Maturity Date, or release any part or parts of the property and interest subject to the Mortgage or to any other security document from the same, all without notice to or consent of any party liable hereon or thereon and without releasing any such party from such liability and whether or not as a result thereof the interest on the Note is no longer exempt from the Federal income tax. In no event, however, may the Final Maturity Date be extended beyond thirty (30) years from the date hereof. 8. The City shall have the right at its option to prepay this Note in whole at any time or in part from time to time without premium or penalty. The City shall give the Lender not less than three business days' prior notice of any such prepayment, specifying the date of such prepayment (which shall be a business day) and the total principal amount of such prepayment. 6 9. This Note is the "Note" referred to in, and is entitled to the benefits of, the Note Loan Agreement, the Mortgage and the Pledge Agreement, which among other things provide for the acceleration of the maturity hereof upon the occurrence of certain events and for prepayments in certain circumstances and upon certain terms and conditions. 10. The Lender shall have the right to demand prepayment of this Note on November 1, 1997 or on the first day of any month thereafter until May 1, 1988, by giving the Borrower written notice of such demand not less than 30 days prior to the date of prepayment. On the date specified in such demand, the Principal Balance and all interest thereon shall become due and payable in full. 11. In the event of prepayment of this Note, the Lender shall apply any such prepayment to reduce the Principal Balance. The monthly payments due under paragraph 1 hereof shall continue to be due and payable . in full until the entire Principal Balance and accrued interest due on this Note have been paid regardless of any partial prepayment made hereunder. 12. As provided in the Resolution and subject to certain limitations set forth therein, this Note is only transferable upon the books of the City at the office of the City Clerk, by the Lender in person or by its agent duly authorized in writing, at the Lender's expense, upon surrender hereof together with a written instrument of transfer satisfactory to the City Clerk, duly executed by the Lender or his duly authorized agent. Upon such transfer the City Clerk will note the date of registration and the name and address of the new registered Lender in the registration blank appearing below. The City may deem and treat the person in . whose name the Note is last registered upon the books of the City with such registration noted on the Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on the account, of the Principal Balance, redemption price or interest and for all other purposes, and all such payments so made to the Lender or upon his order shall be valid and effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. 13. All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution, the Mortgage, the Assignment of Leases and Rents, the Note Loan Agreement and the Pledge Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. 14. This Note and interest thereon and any service charge or premium due hereunder are payable solely from the revenues and proceeds derived from the Note Loan Agreement, the Mortgage and the 7 Assignment of Leases and Rents, and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation, are not payable from or a charge upon any funds other than the revenues and proceeds assigned to the payment thereof, and do not give rise to a pecuniary liability of the City or, to the extent permitted by law, of any of its officers, agents or employees, and no holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest thereon, or to enforce payment thereof against any property of the City, and this Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, and the agreement of the City to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Note Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof. 15. It is agreed that time is of the essence of this Note. If an Event of Default (as that term is defined in the Mortgage, the Assignment of Leases and Rents or the Note Loan Agreement) shall occur, then the Lender shall have the right and option to declare, upon ten (10) days written notice, the Principal Balance and accrued interest thereon, immediately due and payable, whereupon the same, plus any premiums or service charges, shall be due and payable, but solely from sums made available under the Note Loan Agreement or the Assignment of Leases and Rents and the Mortgage. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. 16. The remedies of the Lender, as provided herein and in . the Mortgage, the Assignment of Leases and Rents, the Note Loan Agreement and the Pledge Agreement, are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Lender, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 17. The Lender shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Lender and, then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 18. This Note has been issued without registration under state or federal or other securities laws, pursuant to. an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in 8 the Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from such registration requirements. 19. It is recognized that the obligations of the Borrower are non-recourse obligations as to the partners of the Borrower to the extent provided in the Mortgage. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist, happen and be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. IN WITNESS WHEREOF, the City has caused this Note to be duly executed in its name by the manual signatures of the Mayor and City Administrator and has caused the corporate seal to be affixed hereto, and has caused this Note to be dated October , 1992. CITY OF EAGAN, MINNESOTA Mayor Attest: City Administrator (SEAL) 9 Y) 6 PROVISIONS AS TO REGISTRATION The ownership of the unpaid Principal Balance of this Note and the interest accruing thereon is registered on the books of the City of Eagan in the name of the holder last noted below. Date of Name and address Signature of gegistration Jegistered Owner City Clerk 10 2-2. The Initial Note. The Note shall be dated as of the date of delivery, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2-3. Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor and City Administrator and shall be sealed with the seal of the City. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence or disability of the Mayor or the City Administrator such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council execute and deliver the Note. 2-4. Delivery of Initial Note. Before delivery of the Note there shall be filed with the Lender except to the extent waived by the Lender the following items: (1) an executed copy of each of the following documents: (A) the Note Loan Agreement; (B) the Pledge Agreement; (C) the Mortgage; (D) the Assignment of Leases and Rents; and (E) the Amendment to Regulatory Agreement dated as of October 1, 1992 among the Borrower, the Lender, the City and First Trust National Association (as trustee for the Series A Bonds) . (2) an opinion of Counsel for the Borrower as prescribed by Bond Counsel; (3) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; (4) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion 11 %49) required in subsection (3) above or that the Lender may reasonably require for the closing. .g 2-5. Disposition of Note Proceeds. Upon delivery of the Note, the Lender shall, on behalf of the City, advance the $3,245,000 proceeds of the Note to the Trustee with respect to the Prior Bonds to pay the principal of the Prior Bonds upon optional redemption thereof upon receipt of such supporting documentation as the Lender may deem reasonably necessary. The Lender or the Borrower shall provide the City with a full accounting of all funds disbursed. 2-6. Registration of Transfer. The City will cause to be kept at the office of the City Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be initially registered in the name of the Lender and shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the City Clerk, duly executed by the Lender or its duly authorized agent. The following form of assignment shall be sufficient for said purpose. For value received hereby sells, assigns and transfers unto the within Note of the City of Eagan,Minnesota, and does hereby irrevocably constitute and appoint attorney to transfer said Note on the books of said City with full power of substitution in the premises. The under- signed certifies that the transfer be made in accordance with the provisions of Section 2-9. Dated: Registered Owner Upon such transfer the City Clerk shall note the date of registration and the name and address of the new Lender in the Note Register and in the registration blank appearing on the Note. 2-7. Mutilated. Lost or Destroyed Note. In case any Note issued hereunder shall become mutilated or • be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of like 12 outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. 2-8. Ownership of Note. The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2-9. Limitation on Note Transfers. The Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from such registration requirements. 2-10. Issuance of New Notes. Subject to the provisions of Section 2-9, the City shall, at the request and expense of the Lender, issue new notes, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly installments payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the Lender. 13 ARTICLE THREE GENERAL COVENANTS 3-1. Payment of Principal and Interest. • The City covenants that it will promptly pay or cause to be paid the principal of and interest on the Note at the place, on the dates, solely from the source and in the manner provided herein and in the Note. The principal and interest are payable solely from and secured by revenues and proceeds derived from the Note Loan Agreement, the Pledge Agreement, the Mortgage and the Assignment of Leases and Rents, which revenues and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent specified in the Note, the Note Loan Agreement, the Pledge Agreement, the Mortgage and the Assignment of Leases and Rents; and nothing in the Note or in this Resolution shall be considered as assigning, pledging or otherwise encumbering any other funds or assets of the City. 3-2. Performance of and Authority for Covenants. The City covenants that it will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this Resolution, in the Note executed, authenticated and delivered hereunder and in all proceedings of the City Council pertaining thereto; that it is duly authorized under the Constitution and laws of the State of Minnesota including particularly and without limitation the Act, to issue the Note authorized hereby, pledge the revenues and assign the Note Loan Agreement in the manner and to the extent set forth in this . Resolution, the Note, the Note Loan Agreement and the Pledge Agreement; that all action on its part for the issuance of the Note and for the execution and delivery thereof has been duly and effectively taken; and that the Note in the hands of the Lender is and will be a valid and enforceable special limited obligation of the City according to the terms thereof. 3-3. enforcement and Performance of Covenants. The City agrees to enforce all covenants and obligations of the Borrower under the Note Loan Agreement, upon request of the Lender and being indemnified to the satisfaction of the City for all expenses and claims arising therefrom, and to perform all covenants and other provisions pertaining to the City contained in the Note and the Note Loan Agreement. 3-4. Nature of Security. Notwithstanding anything contained in the Note, the Mortgage, the Assignment of Leases and Rents, the Note Loan Agreement, the 14 Pledge Agreement or any other document referred to in Section 2- 4 to the contrary, under the provisions of the Act the Note may not be payable from or be a charge upon any funds of the City other than the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon, nor shall the Note otherwise contribute or give rise to a pecuniary liability of the City or, to the extent permitted by law, any of the City's officers, employees and agents. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, or to enforce payment thereof against any property of the City other than the revenues, rights and remedies pledged under the Pledge Agreement; and the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; but nothing in the Act impairs the rights of the Lender to enforce the covenants made for the security thereof as provided in this Resolution, the Note Loan Agreement, the Pledge Agreement, the Mortgage, the Assignment of Leases and Rents and in the Act, and by authority of the Act the City has made the covenants and agreements herein for the benefit of the Lender; provided that in any event, the agreement of the City to perform or enforce the covenants and other provisions contained in the Note, the Note Loan Agreement and the Pledge Agreement shall be subject at all times to the availability of revenues under the Note Loan Agreement sufficient to pay all costs of such performance or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon. OPTIONAL 3-5. preservation of Tax Exemvt Status of the Note. For the purpose of preserving the exclusion of interest on the Note from the gross income of the holder(s) thereof for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986, as amended (without regard to the federal income tax consequences of Sections 59 or 265 or other provisions of said Internal Revenue Code) , the City shall observe and perform, or shall cause the Borrower to observe and perform, all of the agreements and covenants contained in Article 4 of the Loan Agreement related to the Series A Bonds. To further assure the exclusion of interest on the Note from the gross income of the holder(s) thereof for the purposes of federal and Minnesota income taxes (without regard to Sections 59 or 265 of the 1986 Code) , the Borrower, the City, First Trust National Association, as trustee for the Series A Bonds, and the Lender have entered into the Amendment to Regulatory Agreement dated as of October 1, 1992, amending that certain Regulatory Agreement dated as of November 1, 1985 among the Borrower, the City, the Lender and First Trust Company, Inc. as trustee for the 15 (71(r1";-- Prior Bonds (the Regulatory Agreement as amended by the Amendment to Regulatory Agreement being collectively referred to herein as the "Regulatory Agreement") . The borrower shall observe and abide by all of the terms and conditions of the Regulatory Agreement. 16 (1› ARTICLE FOUR MISCELLANEOUS 4-1. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 4-2. Authentication of Transcript. The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 4-3. Registration of Resolution. The City Administrator is authorized and directed to cause a copy of this Resolution to be filed with the County Auditor of Dakota County, and to obtain from said County Auditor a certificate that the Note as a bond of the City has been duly entered upon his bond register. 4-4. Authorization to Execute Agreements. The forms of the proposed Note Loan Agreement, the Pledge Agreement, the Mortgage and the Assignment of Leases and Rents are hereby approved in substantially the form heretofore presented to the City Council, together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the documents, and the Mayor and City Administrator of the City are authorized to execute the Note- Loan Agreement and the Pledge Agreement in the name of and on behalf of the City and such other documents and Certificates as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the 17 absence or disability of the Mayor or the City Administrator such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall 'without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. Adopted: October _, 1992 Mayor of the City of Eagan Attest: City Administrator c:\docs\rhaV.agaa\notsres.doc 18 Agenda Information Memo October 8, 1992 City Council Meeting HOUSING & REDEVELOPMENT. OR ' ' MEETING A. Resolution Providing for Subordination of Mortgage Securing Interest Rate Reduction Loan for Cinnamon Ridge Project--Mayor Egan will suspend the City Council meeting and convene the City Council as the Housing & Redevelopment Authority to consider a resolution providing for subordination of mortgage securing interest rate reduction loan for the Cinnamon Ridge Project. The City's HRA is considering a resolution that allows the Housing & Redevelopment Authority to subordinate the liens and security interests in its favor under the second mortgage, the liens and security interests in favor of First Trust National Association, as Trustee for the bonds, and Mellon Bank, as a holder of the taxable note and the issuer of the-letter of credit securing the bonds. The subordination, when approved, extends to all liens, encumbrances and security interests in favor of the Authority against or related to the development. The Executive Director of the Authority, the City Administrator, is also authorized and directed to enter into, execute and deliver, on behalf of the Authority, such agreements or other instruments as may be necessary or desirable for the purpose of effectuating the intent of the resolution,which includes securing the payment by the developer of its obligations pursuant to the interest rate reduction loan agreement. Enclosed on pages 9'1 through _ is a copy of the agenda and resolution requiring action. ACTION TO BE CONSIDERED ON THIS ITEM: To consider approval or denial of a resolution relating to the refinancing by the City of Eagan of the Cinnamon Ridge Housing Project, including the subordination of the HRA's mortgage securing its interest rate reduction loan to other financing documents. SPECIAL NOTE: Chairperson Egan of the Housing & Redevelopment Authority, will adjourn the HRA meeting and reconvene the City Council meeting to proceed on with Old Business. (e HOUSING & REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EAGAN October 8, 1992 • 6:30 p.m. AGENDA I. Resolution Providing for Subordination of Mortgage Securing Interest Rate Reduction Loan for Cinnamon Ridge Project II. Other Business • The City of Eagan is committed to the policy that all persons have equal access to its programs,services,activities,facilities and employment without regard to race,color,creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. NOTICE OF SPECIAL MEETING THE HOUSING & REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EAGAN, MINNESOTA Notice is hereby given that the Board of Commissioners of the Housing & Redevelopment Authority in and for the City of Eagan, Minnesota (the HRA),will hold a special meeting at the Eagan City Hall on Thursday the 8th day of October, 1992, at 6:30 o'clock p.m. The purpose of the meeting is to consider action relating to the refinancing by the City of Eagan of the Cinnamon Ridge Housing Project, including the subordination of the HRA's mortgage securing its interest rate reduction loan to other financing documents, and any other business which may properly come before the Board. /s/ Thomas L. Hedges Executive Director THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF EAGAN, MINNESOTA RESOLUTION NO: • WHEREAS: A. The City Council of the City of Eagan pursuant to a notice published in advance as required by state and federal law, conducted a public hearing held on October 8, 1992 on the proposal to refinance its $11,350, 000 Multifamily Housing Redevelopment Bonds (Cinnamon Ridge Project) Series 1985 (the "Prior Bonds") and by a resolution adopted on October 8, 1992 approved the issuance by the City of its: (a) Multifamily Housing Revenue Refunding Bonds (Cinnamon Ridge Project) , Series 1992 in an aggregate principal amount not to exceed $8,000,000 (the "Bonds") , and (b) Multifamily Housing Revenue Second Mortgage Refunding Note of 1992 (Cinnamon Ridge Project) in an aggregate principal amount not to exceed $3,245,000 (the "Note") , and B. In connection with the issuance of the Series 1985 Bonds, The Housing and Redevelopment Authority of the City of Eagan, Minnesota (the "Authority") passed a Resolution dated June 18, 1985, establishing a tax increment financing district pursuant to Minnesota Statutes, Sections 273.71 to 273.78, and approved a Tax Increment Financing Plan for the Cinnamon Ridge Housing Project and undertook an interest reduction program pursuant to Minnesota Statutes, Section 462.445, Subdivisions 10 through 13 to reduce the effective rate of interest on a Mortgage Loan made to the - Developer; and C. The Developer entered into an Interest Rate Reduction Loan Agreement for the purpose of providing 'for the terms and conditions of the interest rate reduction tax increment assistance to be provided to the Cinnamon Ridge Housing Project (the "Development") in connection with the financing of the construction of the Development. Two mortgages were executed by Cinnamon Ridge Limited Partnership (the "Developer") in connection with the financing of the Development. The first mortgage (the "First Mortgage") was entered into by the Developer in favor of the Trustee for the Prior Bonds and Mellon Bank, N.A. (the issuer of the letter of credit which secured the Prior Bonds) , jointly, and the second mortgage (the "Second Mortgage") was entered into by the Developer in favor of the Authority securing the payment by the Developer of its obligations pursuant to the Interest Rate Reduction Loan Agreement; and D. The Developer now proposes to refinance the Development through the issuance of the Bonds- and the Note, as well as through certain additional debt incurred by the Developer to Mellon Bank, N.A. and in connection therewith has requested the Authority to subordinate its interests under the Second Mortgage to the liens and security interests securing the Bonds, the Note and Mellon Bank; and E. The Second Mortgage, and the obligation of the Developer to pay the First Note and the Second Note (as defined in the Interest Rate Reduction Loan Agreement) shall be subordinate to: i) The Mortgage, Fixture Financing Statement and Security Agreement entered into by the Developer in favor of First Trust National Association, as trustee for the Bonds, and Mellon Bank, N.A. (as issuer of the letter of credit securing the Bonds) , jointly, relating to the Bonds and secured by the Bonds; ii) The Mortgage and Security Agreement entered into by the Developer in favor of Mellon Bank, N.A. to secure the Note; and iii) The Mortgage and Security Agreement entered into by the Developer in favor of Mellon Bank, N.A. to secure a promissory note to be dated on or about October 29, 1992 and to be made by the Developer to Mellon Bank, N.A. in the approximate principal amount of $1,000,000 (the "Taxable Note") . NOW THEREFORE, BE IT RESOLVED by The Housing and Redevelopment Authority of the City of Eagan, Minnesota: 1. The Authority hereby agrees to subordinate the liens and security interests in its favor under the Second Mortgage to the liens and security interests in favor of First Trust National Association, as trustee for the Bonds, and Mellon Bank, N.A. , as the holder of the Note and the Taxable Note and as issuer of the letter of credit securing the Bonds. The subordination approved hereby shall extend to all liens, encumbrances and security interests in favor of the Authority against or related to the . Development, whether encumbrances on real property and improvements, or security interests in equipment, fixtures, leases and rents (or proceeds thereof) or intangibles. The subordination approved hereby shall extend only to the liens, encumbrances and security interests securing the debt evidenced by the Bonds, the Note and the Taxable Note, and to no other debt of the Developer whatsoever. 2. The Executive Director of the Authority is hereby authorized and directed to enter into, execute and deliver on behalf of the Authority such agreements or other instruments as may be necessary or desirable for the purpose of effectuating the intent of the resolution, upon approval of the form of such agreements or instruments by legal counsel to the .Authority. The Executive Director and Secretary of the Authority are hereby further authorized and directed to provide to the Developer, First Trust National Association, Mellon Bank, N.A. and the title 2 • insurance company providing insurance with respect to the mortgages in favor of them a certified copy of this resolution and such other evidence as may be reasonably requested of the action taken hereby and the authority of the officers and Executive Director of the Authority to carry out this resolution. - Adopted by the Board of Commissioners of The Housing and Redevelopment Authority of the City of Eagan, Minnesota on October , 1992. BJS\EAGAN\hre.res 3 • Agenda Information Memo October 8, 1992, City Council Meeting • OWSUSINESS MEN. _ : RE - kit it = ID Id A. Project 635,Assessment Rate Agreement,Lakeview Trails Addition-Streets&Utilities-- On August 4, a public hearing was held to discuss the installation of water main laterals on Dodd Road south of Cliff Road to the Lakeview Trails Addition. At that meeting, several property owners along Dodd Road expressed objections to their proposed assessments. As a result of this public hearing, the Council approved the project but directed staff to work with the property owners to try and reach an agreement whereby approximately 50% of the assessment would be postponed to some future date or whenever direct connection was made, whichever occurred first. While staff requested sufficient time to complete this negotiation process, the property owners were insistent that it be done by October 1. Unfortunately, the City has not bee able to complete the process within this time frame. Enclosed on pages fp, 3 and O is a copy of correspondence from our City Attorney's Ofce to each of homeowne s explaining the status and proposed schedule for completing this process. If the Council has any questions or would like additional information, the City Attorney's Office will be able to provide that update. ACTION TO BE CONSIDERED ON THIS ITEM: To continue completion of the assessment agreements for Project 635,Lakeview Trails Addition-Streets&Utilities,to the November 9 City Council meeting. • 0.� SEVERSON,WILCOX& SHELDON,P.A. 1Y0 A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW LARRY S.SEVERSON* KENNETH R.HALL JAMES PATRICK K WILL N 500 MIDWAY NATIONAL BANK BUILDING "'SCOTT D.JOHNSTON J.MICHAEL DOUG • 7800 WEST 147TH STREET WREN M.SOLFEST MICHAEL G. DOUGHERTY•'•' ANNETTE M. MARGARIT MICHAEL E. MOLENDA'• APPLE VALLEY, MINNESOTA 55124 EDWIN R.HOLMES (612) 432-3136 DANIEL M. SHERIDAN TELEFAX NUMBER 432-3780 SHARON K.HILLS KEVIN S.SPItENG *ALSO LICENSED IN IOWA ••ALSO LICENSED IN WISCONSIN •••ALSO LICENSED IN NEBRASKA OF COUNSEL ****CERTIFIED REAL PROPERTY LAW SPECIALIST,MESA JOHN E.VUKELICH September 30, 1992 Mr. Stua eierke Ms. M Jane Weierke 66 Cliff Road agan, MN 55123 Re: Project 635, Lakeview Trails Addition - Streets & Utilities Dodd Road Watermain Issues Dear Mr. Weierke: We write on behalf of the City of Eagan. The City Council at the hearing on this Project was able to discuss the matter with you or representatives from your neighborhood. To that end they ask that representatives of the City, including our office, attempt to negotiate reasonable solutions on the potential questions brought up • at the meeting. We would like to thank you in advance for your taking the time and effort to bring these.matters to the attention of the City Council. We would also like to take this time to apologize for the delay in what we hoped would be a rather speedier process. Due to situations and forces beyond control of either the City or our law office, this process has not moved forward as quickly as anticipated. However, we have a draft Agreement prepared and with the able assistance-.of the City Engineering and Public Works staff, bid numbers for the Project. We hope that these "hard numbers" will go a long way to removing any uncertainties. Once you have had an opportunity to review this letter, please call Scott Johnston of our office so that we may schedule a time to meet with you next week to review the Council's proposal with you. Mr. Johnston of our office and Ed Kirscht with the City will be glad to meet with you individually or in larger groups if it would be more • • convenient for you. Thank you once again for your consideration and cooperation in this matter. Very truly yours, SEVERSON, WILCOX & SHELDON, P.A. James F. Sheldon JFS/wkt cc: Tom Colbert, Director of Public Works Agenda Information Memo October 8, 1992 City Council Meeting CITY CODE AMENDMENT/SPECIAL VEHICLE USE BY HANDICAPPED B. Ordinance Amendment, to Eagan City Code Chapter 8, Traffic Regulations, Special Vehicle Use by Handicapped--This item was previously before the City Council at its meeting of September 17, 1992, and was continued at the request of staff to permit further review. At this time, the City Attorney and Police Department have requested an indefinite continuance to permit certain issues to be considered. This matter arises out of a constituent request and appears to have some merit, but technical issues need to be addressed due to the unique nature of the proposed activity. It will be returned to the City Council at such time as these issues are addressed. ACTION TO BE CONSIDERED ON THIS ITEM: To continue indefinitely an ordinance amendment to Eagan City Code Chapter 8, Traffic Regulations, Special Vehicle Use by Handicapped. PUBLIC RIGHT-OF-WAY SETBACK/RON VESCAVAGE/ RIDGECLIFFE FIRST ADDITION C. Variance, Ron Vescavage,of 15'to the 30'Required Setback from Public Right-of-Way, • Located at Lot 8, Block 2, Ridgecliffe First Addition--This item was previously before the City Council on September 17, 1992 and was continued after discussion to permit the applicant to submit revised plans. The applicant has provided a revised site plan in which the proposed new garage would be attached to the home. The revised proposal would still require a setback variance of approximately 12 feet. For additional information with respect to this item,please refer to the original Community Development Department staff re.popi which is enclosed on pages througlj 4 for your review. Also attached on pages rough/Q is a supplemen memorandum covering the proposed revision. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Ron Vescavage of 12 feet to the 30 foot required setback from public right-of-way located at Lot 8, Block 2, Ridgecliffe First Addition as presented. /CD SUBJECT: VARIANCE - APPLICANT: RON YESCAVAGE i LOCATION: NE QUARTER SECTION 32 EXISTING ZONING: R•1 (SINGLE FAMILY) DATE OF PUBLIC BEARING: SEPTEMBER 17, 1992 • DATE OF REPORT: SEPTEMBER 8, 1992 . COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance of 15' from the required 30' setback along`the public street for Lot 8, Block 2, Ridgecliffe 1st Addition, located on the NE corner of Nokia Way and Bamble Circle. - COMMENTS: The applicant is proposing a 20'x 24'free-standing garage that will encroach 15'into the required 30'setback off Bamble Circle. Currently,there is an existing home,22' x 20' attached garage, and 12'x 16' shed on the lot. Access to the existing garage is taken ,from Nokia Way and the proposed garage will gain access from Bamble Circle. 1 According to the applicant, the 15' Variance is necessary due to existing conditions that include an 18' x 36' in-ground pool, landscaping, and an underground irrigation system. . If approved, this Variance shall be subject to: ' 1. A permit to work in the City right-of-way shall be obtained from the engineering department prior to construction. . • • 2. All applicable City Codes. . • 4.. ' •• y V`� `, 4..0 ab / r�a..J 1 4/fir• �. .,•• /s2 7 e - - .T'y,- aM1 . ' ` ' -I1j T -- ice a+w$1 'irk() .y 1 1,." whom' .. ' - e`''' /7 - r- Ortt\' ''' OP t ' i 4' 1 I 1;rs tC'' .■%,•: 1 ■ ; ••,• • /. _•,..( \ , 9 r Is . . , - ‘ - -- .11,...$ j. 4 -i ) r ,du 1 .41, Ipi, ,,,..„- sit • :v., ,....4,1 . ..„, . _, tp • !Rn '6 1 ' Chit MIIrc a ~ ; �cLT h R I!.$A R lost •• t7[a0/►A:rot:� n j 1 I •, e - (pLo 7,4 e .r n•«IRS•n .■i s'a. Co Vf w el k tcquejF a w) SutvErORS tai 445.36411 ' 13e1 EUSTIS ST., ST. PAUL, MINN. 5310$ • FOR: : U. S. NOME CORPORATION , �V% • / � .•„c-k• ,S<Zt \ . • • .0 cl, li, 0 . • • .\, . P ‘ )1 - -6 .:�'� ` e o NOTE30'IRON ! oar ,� 4 ; • A • o, s� i 3. � • .' r \ P -1 CrIP \ \ • ti% •i 44tr - \V ,?,z. \\\\\\ ; L9 .0• , 6 37 - M, ••7 • : ; 0. .. AI .. %• \ ' t Al S `c ... c� . / \1.) V c, •. • sl dos- ! T ('0. 1/''' - - 'K.- 0 C _ \\ • Lot 8,. F • 2, Ridgecliffe First Addi - , Dakota County, Minnesota. '• *MP(P( CERT►FY TKAT T. IS A TRUE AND CORRECT REPRESENTATION Of A SURVEY OF THE • iAO∎ES OF THE L. *SOY! DESCRIBED AND OF TKE LOCATION OF MC $LHLDlNGS. SF ANY. ? • 1•+. AND A' •ISIL.E ENCROACHMENTS. IF ANY. FROM OR ON SAID LAND • • Oct.•c -11,6........487, •I CERL_.__A.D. 1t8I C 5. W LADEN A ASSOCIATES. INC.. —..:Trza..,,,,_ . eik;,,c, Ai• 1,...._................. .Svr.syr. M.f r•Iers ltgi$*?$ti 4 N.27tE ............ ,..•..... ,.,•:............1.0.110a.••••••,••••4.1...11t IC)(\ ..,....r.,...•............r........... SUBJECT: VARIANCE APPLICANT: RON VESCAVAGE LOCATION: NE QUARTER SECTION 32 EXISTING ZONING: R-1 (SINGLE FAMILY) • DATE OF PUBLIC HEARING: OCTOBER 8, 1992 DATE OF REPORT: OCTOBER 2, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance of 12'from the required 30'setback from public right-of-way for Lot 8,Block 2,Ridgecliffe 1st Addition located on the NE corner of Nokia Way and Bamble Circle. BACKGROUND: This application was heard at the September 17, 1992 City Council meeting where the Council continued the item until the October 8, 1992 City Council meeting. The Council had concerns with the applicant's request for an additional free- standing garage taking access off Bamble Circle. Due to the lack of hardship demonstrated, the Council suggested adding to the existing garage with no access off Bamble Circle. COMMENTS: The applicant is now proposing a 20' x 22' (440 sq. ft.) garage addition to - the existing 20'x 22' garage for a total of 880 sq. ft. The dwelling unit (principal structure) footprint is 832.80 sq. ft for a difference of 47.3 sq. ft. In addition, the applicant has a 12' x 16' (192 sq. ft.) shed in the NW corner of the lot along Bamble Circle. Combined the applicant has 1,072 sq. ft. of accessory structure. The applicant is requesting the garage addition be located on the west side of the existing garage 18' from the west property line and is now requesting a 12' Variance instead of the 15' as originally proposed. No access from Bamble Circle is proposed. According to the applicant, the 12' Variance is necessary due to existing conditions that include an 18' x 36' in-ground pool and an underground irrigation system. If approved, this Variance shall be subject to the following conditions: 1. No additional accessory structures shall be permitted. 2. No access from Bamble Circle shall be permitted. 3. No other Variances shall be approved. 4. All applicable City Codes. C. R. W1NDEN b A:SOCIATES, INC. 6ehak giti/V:Cy. LAND SURVErORS Tot 4.45.364•1381 EUSTIS ST., ST. PAUL, M.NN. 55109 FOR: U. S. IO.>E CORPORATION K f / ��' 0 N.. ,,,, ‹ef. • ,--t / ' J,\h / • J\ z 1 ,�0 2�' , s\ ■ c, L SCALE i"= 30' ' e DENOTES IRON ' '"' P OP rd"" K� d. O Pr- �,o :I—8 E �C) �w \, 551 ,� c9 •�.�;` fvdi'..f a,os` } _ 1 ■ GI W A, - ` � _, N ` o r /� ° ° D : t _A CI vz� / ,. o 6 ^�F.�y� �o ,A ..'' ;mot 'c9 O SSA. o ?,ot 8, B1 2 , Ridgecliffe First Addi , Dakota County, Minnesota. Ot .1 COI N L 'C" WE HERESY CERTIFY THAT T. IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE ImoC'iNDA,RIES Of THE L. • AbOVE DISCRISID AND OF THE LOCATION OF Att SUILDINGS, IF ANY, TH!.PEON, AND A '15t$LE ENCROACHMENTS. IF ANY, FROM OR ON SAID LAND. Doted '. day ofitoci A.D. 198! C. R. wLNDEN & ASSOCIATES. INC. C....,k44...prZci.._,"ik rki.e"v...12e...,s i s.. Sr___ Vt:5\ Sower**. MiAMba4e Ragi:fr tioo No 772E Veit lc• • 1 eri t 92 .f/tis eise C. R. WINDEN & ASSOCIATES, iNC. (4 LAND SURvEYORS Yet 445.3$45 1381 EUSTIS ST., ST. PAUL, MINN. 55109 ' FOR. U. S. HOSE CORPORATION O N 4.„.i,e- to .4,4 �w v., Q ,. z , ii, . �'� 7 SCALE ii r= .30. `�P DENOTES IRON 1 O ,7 - � • s p. • r - � o E ° \' st I 1.:T Po`- 0 _- is 31 • V p ' i adq SI J tv 141' y zi \ l',7 \ ..., • A \ A tt le \ . . • (V 0 1 .No. \ - iav,o taw V ....:°........-s.-- � O. p ti f3 t�;y,Z, � �p C � T _ /� D / O • Lot 8, Bi 2, Ridgecliffe First Addi ot D k a C u ty --tiinnesota. - • • • WE HERfBY CERTIFY THAT T IS A TRUE AND CCURECT REPRESENTATION OF 'A SL'EVEY OF THE $OUc:DARIFS OF THE L AaOVE DESCRIED AND OF THE LOCATION OF Al[ S1J kDINGS. IF ANY THLREOht. A7. A ISIILE ENCROACHMENTS. IF ANY. FROM OR ON SAID LAND. Dated • :c .:• .%'•._._...der •1.1.14, A.D. 1981 C. R. WINDEN Z ASSOCIATES. INC. i LA\5V Surveyor. Mienaate Registration Ne ?77E M7Y Agenda Information Memo October 8, 1992 City Council Meeting LEXINGTON ADDITION/LAND USE STUDY • D. Lexington Addition/RTC Property Land Use Study--Enclosed on pages /1.-through D., is a memorandum from the Community Development Department covering 13roperty known as the Lexington Addition and currently owned by the Resolution Trust Corporation. The property is located west of Lexington Avenue between Lone Oak Road and Yankee Doodle Road. As a consequence of the land uses located adjacent to it,it may be appropriate to consider a comprehensive guide plan amendment and rezoning consistent with the surrounding area. As a consequence, staff is requesting that the City Council direct the Advisory Planning Commission to hold a public hearing in this regard at its October 27, 1992 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the land use study and direct that it be placed on the October 27, 1992 Advisory Planning Commission agenda for a public hearing to consider a comprehensive guide plan amendment and rezoning as presented. • M E M O R A N D U M TO: Tom Hedges, City Administrator FROM: Kristy Marnin, Senior Planner ,,1rYV DATE: September 29, 1992 SUBJECT: City Council Agenda Item - October 8, 1992 Meeting Lexington Addition/RTC Property Land Use Study At its September 17, 1992 meeting, the City Council directed staff. to review the appropriateness of the existing Comprehensive Guide Plan land use designation and zoning of the property south of the Bulk Mail Facility on the west side of Lexington Avenue. A map of the property is attached. Based on the preliminary data gathered on this property, staff requests that the City Council direct a public hearing be held at the October 27, 1992 Advisory Planning Commission meeting to consider a Comprehensive Guide Plan amendment and rezoning for the subject property. In addition, staff requests that the Council include five acres of adjacent AG-zoned property for consideration of a Comprehensive Guide Plan amendment with the subject property at this public hearing. The attached data sheet provides information on the various factors that are reviewed when making decisions regarding appropriate land uses. An analysis of these factors relative to the subject property will be prepared for review at the public hearing. If you would like additional information on this matter, please advise. Attachments cc: Dale Runkle Jim Sturm `l )-- LEXINGTON ADDITION/RTC PROPERTY LAND USE STUDY GENERAL LOCATION: On the west side of Lexington Avenue, south of the Bulk Mail facility, in the SE 1/4 of Section 10 SIZE: 56 acres Lexington Addition is approximately 51 acres in size. The five adjacent Ag-zoned parcels are each approximately one acre in size, for a total of five acres. ZONING: R-3 Townhouse Residential (51 acres) and A Agricultural (5 acres) COMPREHENSIVE PLAN LAND USE DESIGNATION: D-III Mixed Residential (6 to 12 units per acre) EXISTING LAND USE: vacant and single-family residential The 51 acres in Lexington Addition are vacant, as is one of the five adjacent Ag-zoned parcels. The remaining four adjacent Ag-zoned parcels each have one single-family dwelling unit. SURROUNDING LAND USE, ZONING, AND COMP PLAN LAND USE DESIGNATION: North - bulk mail facility and vacant; zoned I-1; designated IND South - vacant and 1 single- family dwelling unit; zoned PD; designated CPD East - warehouse industrial, vacant, and 1 single- family dwelling unit; zoned I-1; designated IND West - vacant and I-35E; zoned PD; designated CPD - PAGE 1 - \ l� LEXINGTON ADDITION/RTC PROPERTY LAND USE STUDY TOPOGRAPHY: The terrain consists of rolling hills throughout the site, with the western side somewhat less rolling than the east. Several low-lying areas with ponds are located on the site, the largest two being in the south and southeast of the property. VEGETATION: The south and southeast area of the site is significantly wooded, with stands of mixed hardwood. The western portion of the site is predominantly open grassland. Dense aquatic vegetation is located in and around the ponds. ACCESS: Existing access to the site would be from Lexington Avenue, a minor arterial. Future access may be available from an extension of Hampton Drive/Yankee Place, a community collector, as proposed in the City's Thoroughfare Plan. With the original Lexington Addition plat, right-of-way was dedicated for Airlawn Lane and Danbury Avenue to serve the site. These roads have not been constructed. SPECIAL CONSIDERATIONS: WETLANDS: Two of the ponds located on the site are listed in the Department of Natural Resource wetland inventory. These ponds are not classified as DNR-protected wetlands. However, the Wetlands Conservation Act would apply to these ponds. NOISE: The property may receive noticeable traffic noise from both Lexington Avenue and I-35E. Although not within an established - PAGE 2 - 1. 14 LEXINGTON ADDITION/RTC PROPERTY LAND USE STUDY • aircraft noise zone contour for the Minneapolis-St. Paul International Airport, the property is immediately south of the contour line. As such, the property may be impacted by aircraft noise. . i - PAGE 3 - 1 � � H " . A. �.1 ��•��-La . 1 -=- flu u i I LONE J p Ili EAit�,R� � �. ': .....marl ■ i _ - . _ 1 I A a ".� r Fidir1111 . 1//14 ,': `�, ii.,, - - ...••• war • -. NIIIIIIGIENw■I��:�:•L ♦-..� • 1 4v U.S. POSTAL ! C 1;0 '�.�i�� 4' SERVICE I ■■i� %;:#i , ' �. .s � '4 Ira i v.IhA. Ai' t Wrieniiiigiiii:: ;.;f; . . k.H mama_ ,, 0 < i .V OOITION Q ::. , �. Are • 4:„\.:::::::::::..[4, .. , 1 q 8j ,-* Lifi' - Y NOQ1 DOODLE ROAD no. RD. * 28 . 711111P7 Pil- _- r O'NEI 1 S Q1 PON • TO R .1:4141: / O'LEA Nr. RK A 1 OITI• 1 _ CARRIAGE ) (..-- :11r t lel /fic.: - - - -- HILLS • 11►Z iim - GOLF PILOT KNOB . Ar a .:_a .._ j R S E A LEXINGTON ADDITION/RTC PROPERTY N LAND USE STUDY 1 (.0 Agenda Information Memo October 8, 1992, City Council Meeting RECEIVE BIDS/AWARD CONTRACT (POPPLER ADDNZ E. Contract 92-12, Receive Bids/Award Contract (Poppler Addition - Streets & Storm Sewer)--On September 17, the City Council received the bids for the above-referenced contract and continued consideration of contract award until the final plat was ready for final Council approval. If the final plat is approved earlier on this agenda, it would be appropriate for the Council to award this contract. ACTION TO BE CONSIDERED ON THIS ITEM: To continue/award Contract 92-12 (Poppler Addition - Street & Storm Sewer) to McNamara Contracting, Inc., in the amount of $56,208 and authorize the Mayor and City Clerk to execute all related documents. APPROVE CHANGE:ORDER #1 (POPPLER ADDITION) F. Contract 92-12, Approve Change Order #1 (Poppler Addition - Streets & Storm Sewer)--When the bids were reviewed for the above-referenced contract, it was discovered that there was an error in the estimated quantity of concrete curb and gutter to be installed. Instead of the 310' identified in the bid documents, 1660' of curbing has to be installed. In discussing this with the contractor, he has agreed to reduce the unit price from $9.50 per foot to $6.50 per foot. In addition, during the initial negotiations with the property owner, the street width was reduced to not adversely affect mature spruce trees located along both sides of the existing bituminous roadway. As a result, a timber retaining wall was bid to protect the spruce trees along the west side of the roadway at a cost of$1,800. The contract as bid included sod and topsoil as restoration along the roadway. The property owners (Poppler's) have requested a deletion of the timber retaining wall at a cost of $1,800 and 1,500 s.y. of sod at a cost of$3,000. With the sod deletion, the City negotiated a seed with mulch, fertilizer and 3" of topsoil at a cost of $800/acre which the contract as bid did not address. These changes result in an additional$3,520 to the contract cost. The costs associated with this Change Order will be fully assessed against the benefitted properties. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 92-12 (Poppler Addition - Streets & Storm Sewer) and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo October 8, 1992, City Council Meeting CANCEL PROJECT G. Cancel Project 642, Crestridge Drive--On September 17, the City Council received a feasibility report, reviewed the detailed plans and specifications, scheduled a public hearing for October 20 and authorized the advertisement for competitive bids for the installation of street improvements on Crestridge Drive within the Duckwood Crossing development. Subsequent to that action, the City received a letter from the developer requesting the public improvement process be canceled and indicating his intentions to proceed privately with these public improvements. Therefore, it would be appropriate for the City Council to officially cancel this public improvement process. ACTION TO BE CONSIDERED ON THIS ITEM: To cancel Project 642 (Crestridge Drive). (/8/8 I I Agenda Information Memo October 8, 1992 City Council Meeting BUSINESS PEW LIQUOR LICENSE/CHILI'S A. License, On-Sale Liquor, Chili's Southwest Grill & Bar, Duckwood Crossings--An application has been received of Chili's Restaurant for an on-sale liquor license for that firm's restaurant which previously received preliminary plat and conditional use permit approval at the Duckwood Crossings location. A copy of the application is enclosed without page number for your review. The Police Department has completed its investigation and has identified no reason to deny the application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an application for an on-sale liquor license for Chili's Restaurant located at Lot 2, Block 1, Duckwood Crossings as presented. tC1 Agenda Information Memo October 8, 1992 City Council Meeting SPECIAL USE PERMIT/BOY SCOUT #510/CHRISTMAS TREE SALES. B. Special Use Permit,Wendy Porter,d.b.a.Boy Scout Troop#510,for the Temporary Sale of Christmas Trees on Outlot A,Town Centre 70 - 11th Addition, Located in the NW 1/4 of Sec 15--An application has been received of Wendy Porter on behalf of Boy Scout Troop #510 for a special use permit for the sale of Christmas trees. For additional information with respect to this item, please refe to the Community Development Department staff report which is enclosed on pages t 2( through /2./ for your review. Please note that while this troop has received permission to operate in the Town Centre area for the past three years, its exact location is being relocated as a consequence of the development of the Applebee's property on Town Centre Drive. The site being proposed is directly west of Dougherty's Restaurant. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit for Wendy Porter, d.b.a. Boy Scout Troop #510, for the temporary sale of Christmas trees on Outlot A, Town Center 70 - 11th Addition as presented. /, 4) o . . . SUBJECT: SPECIAL USE PERMIT APPLICANT: BOY SCOUT TROOP 510 LOCATION: OUTLOT A, TOWN CENTRE 702ND ADDITION EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: OCTOBER 8, 1992 . DATE OF REPORT: SEPTEMBER 29, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow the temporary sale of Christmas trees, wreaths, garland, tree bags, and tree stands. COMMENTS: As a fund-raising event, Boy Scout Troop #510 is planning to sell Christmas trees for the fourth year at Town Centre.. This year, Troop #510 is proposing their lot to • be located abutting Town Centre Drive to the west and east of Dougherty's restaurant. For - the past three years, the troop has located its tree lot where Applebee's restaurant is now under construction. Set up for the tree sales will begin around November 13 with sales commencing November 27 and ceasing December 24, 1992. Clean-up will be completed by January 1, 1993. Hours of operation are 11:00- 9:00 p.m. Monday through Friday and 9:00 • a.m. - 9:00 p.m. weekends. • If approved, this Special Use Permit shall be subject to the following conditions: 1. This permit is temporary and shall expire January 1, 1993. 2. All applicable City Code requirements. . —too, wv.i.—,......7r......., Im.t..1,2 .,..,,,..............:,.... 0 O'LEARY P It NE *eNW@ 1 1 a -. I ;1111114 ; li3 -'12_-) i;11 '51CP:4-:::::.-. t.A C12.4- ,',-..---Tzsilhil, :4,..ci;„;*.',..-...!st.,: L. g tu, -- E ;-7 ittvillmj 1 ( s. /4( .., /RE ne:77: t =" i-ri/ • - ,,, / , -prtaiww ilk if0)) L2 1 , . . • ' ' • •s...?"'''!""'"-.•••••'"'""'•''.7-7""".""•], l'••■•••47.„:„._ ._ ...../..... ..._,..mire.r. ' ......r........, . ,,...._.1....).,■........ ........ ....... .......misi.W.-talt XligkittliEJ•er.44244..14•14. •••i - 44 g e.r.••••:-.......,g 2:t.e_-A••).--:-.•-r--•-- •---er--------..1,t • 1 tfr ..,_ .... , ._ .44: .; - _.. --..... . ., .--_, ......_4,2. ..:.._... - .. - .........!11 ., ..,.....":".....;,...,..i.,.... ' 4' .•/I'd i Ii/L, -.. ...-'•- ... V1 i . . ., .. .--; / '., / 4://irat- *VP P , -.'' -t-1■1;f41? ° 1 - ti 1. 'y •6 , lb. `11 ...- I. 1 4 4, .f. •,4, p ti pr.• /y, / , i / 44t,0 , `'. I,- 11 1 rpt p r, f ' iii, it/ ,, / ,f : •I'N ., , IT a 9 y 1 . NI . 1 . rl . 1 .• ,, ,,,,,' .. . 1 .,,\ ., `, „ , IL. ,,,. 1 ), ., ; , .. -.1 , . sA,,• . /2: 1 .. . ,,, ii , .. , , , 4 L• 1 , i . • • , t',,•-- ; / i ',/,'4., i , • -■ - - - • „r; , r . -- . , .-..., 1): rf - • . g /1•i(kt,417.4/ '•‘ . ........t.y."... .> . ,' : „t......, - ...... ---...- 1...:%•• ..a.11.21..A.- , •fr.1i=41.411•1.,...1..1i.r..., ./' /,I,', / • ..-• oir 6 ! "”'.... ... ."''P.% otg---- i 1 1- • # ,,7tP 1• ' '• - ....---.., 0-#/,._____! 4 . vi, / 1 a I ' /,// 1/ • ' ' .4' •- %so' ..! ! It 1 II 411. -I' • y,/•/• , , • • / • /, s/o/ , - *1 -''. ' ..0° ..""-4. bd. // 1 II ......S.3•X•- - ,7,/,„/ /. .14,,,/,...6/,/,/./ ••••rs ‘1,.. • *". .•., . 41111A4 .: .....i• 0 „,.../1; 01 A ti II II N 0 1 . it .14) 1!./(.‘.,,,,,Ay,,, N' ,/.-- e . PARK Mr; 'ii illt •' d ..: I 1 1 0 is $ re ; • ( //./7 i 0 ''' ". 4:4' ill . ) 4 ..,PARK PO 141 •;ice' . /„//, 1,/ , 4*///a',/ • /' itkv• , I.• 1 ,... :......91 g.,, . 1 •• 0 II N -:: • •.-., -f I 0 ll I k f•// . •i, i A,- ,,, .. .. -..ro.t...........1...0..........,e',4_Rw _It_.,, . .... vo. .. 7 ao so. • ----- - - - - i! - -010 --A. 0 „,„ •,.eci• ../, . / , , PIM 1.11 , , mil.5 i . 04 totti „, , 4 0 Ili ,,k41 / ,i N , ,,' ' 0 '21,110 141 ri I/ Iti 4,0 - • 4 if,' *Id / Efitir 4Nt I W; 1 11 • ' 1:1 11 4 111'• '' e". .........,,....../.-i•de , 7 ti 1 v• i . i 5(04 . ' II • -..- • .....cr...._. .1.1 ,:, . ,, 1, II / • t' 41" A • . '•......... .. ..::::::::::::,. • .4 . ...,.. ') PARK Mf:; ill Ill % • 4 A • ••••:::::::::•.::::::•:•:•:•::...:„...,.. i• ---. I il ell • f' . . ) ...--;::::::•&::::::::::Ittiiiii.::::!::::::::-:. , .. •-•;,•.:-:.:-:-:-:-:-: : :. .: :.:.:.:....:..... i'3 1 ..._ 0 C g kil ..kt '3, . I' A , i. •••...,„.. -••- ..-•• . - .■-•-,d-7,- ' •.-7 --7 --I-7-7=.: -- - -17.7•1"-611P-A4rrl 1 , ••14*.... ,/ // co, et, , 11/ Ill • 'II if 4/ 4.7.. / 1 II 0 • .' rb• / / • - !II 1 111, • ' ..."-- ,/ ./ f • NV ' id - . .. ... _. .. •, , / 'I. ,1/2 f I •, ,f. , ,' if ,, • • I 11 . , 0 it •----- ,' ,' • A ,h: I . . .. . _ . ._. ... a, , ir it til lemoto- . ,,. ..i i• , f‘ •%. . , i.. : TO51N CENTRE TO ELIVENTH ADOJION $ _ .. % i $ : Iser:.c 4..1. ii... .1.1,‘. „,• , r :I 11 WPM fi I I, 1.1 I I l' 1 (1,'" ti..6 , ,g?.; ' . .1,.. . . •. , • 1 • _--— - . -•rilr -ilt ' AL' . . - i ,i --. . - -_-_..:_ • 1 . . • % 0 t,,,.... , t„......... ---- - --mei- -• . - - . .. t..1 • V. 11 .,••- . e• ..t•1,.. I) AS/* . a, r .../.:,. „... , dr,..ett a? N. • \. ...% . ..., 'I. • . s• st...N. .... °It II.. '4.i. ..;.?. I.;4. . nun ol A . i , A. ,11 1,1 MUNN l'i .i. ii,■1,.,_„--a.;4.11,,ON;,, '7. Ili:,• . .......0.... 5•••••••:zi.........".4::::„tr.",.1 li d N 4 ' 0 li • :1410"•■•:,. ...w••F-7011.1.7 )1, . . .... . 1 _ft.,er '1r ik. I' t. •1 , 1 I ' ........- 5 r.4 1 API A 4. I • 4 • ., d - .':V '`Prt. MN. S I'RI N 1 0 1 afe ,,,7 d 0 --.-7- i Aptclitr,f•• 1 10-1--0 •- :__.- 14,1 iti 44, ettir f4, 41‘• 1 Alb...4V irty . , 1 1 I 1,..ii. ' \ s • .. .._ ,.dt,.. 1 ei-L,,, ./ I. - . -...• ,.......*.:...,_ . WM 1 el d '1•4q- 4 4 ....,,,zim. •... .. .,,,,,,- • tip -- - --- -- •Ilth., . ' iqrvw :1 I ,.r•-,,,N: •.' ,. \ ,..., ' . •Mt*.k fhb...fa/C.7, 44; •.... .. -----.... ....... ..: ', 0 • 04, 14,-......e....,..e.*-P.r T.•r•,•- ••■••/ .t fill: - -% • 0 -- •-*_, t 1111E= 44% gi? .0 . .. • , I I : .... .4..... '., ..,1,1_,Etrvii;'----7. .....----,......:),..u.=....s=1.4:4.., Trti 'I I, 11,NI .5 it •......•y•-•,-. ... , (1.40.1 .1.14.ei I: . -1" 1 Id i■in SINK IA -• •5 .;...., NI ) 1 r • . 1% Agenda Information Memo • October 8, 1992 City Council Meeting SPECIAL USE PERMIT/BOY SCOUT TROOP #345/CHRISTMAS TREE SALES C. Special Use Permit, Valerie Tinker, d.b.a. Boy Scout Troop #345, for the Temporary Sale of Christmas Trees on Outlot D,Park Center Addition, Located in the SW 1/4 of Sec. 30--An application has been received of Valerie Tinker on behalf of Boy Scout Troop #345 for a Christmas tree sales permit as outlined above. Boy Scout Troop #345 has previously received permission at this location for the past three years. For additional information with respect to this application, please refer to the Community Development Department staff report for your review. For additional information with respect to this item, please ref to the Communii Development Department staff report which is enclosed on pages ( .2 5 through La for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit for Valerie Tinker, d.b.a. Boy Scout Troop #345, for the temporary sale of Christmas trees on Outlot D, Park Center Addition as presented. lD-3 • SUBJECT: SPECIAL USE PERMIT APPLICANT: BOY SCOUT TROOP #345 LOCATION: OUTLOT D, PARK CENTER ADDITION EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: OCTOBER 6, 1992 DATE OF REPORT: SEPTEMBER 28, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow the temporary sale of Christmas trees, wreaths, garland, tree bags, and tree stands. COMMENTS: Boy Scout Troop #345 has received permission to sell Christmas trees as a fund raising event on vacant property owned by Federal Land Company. The site is north of Cliff Road, west of the Oak Woods of Eagan, south of Rahn Park, and east of Rahn Road and Target. Set up will begin November 13, 1992 with sales to begin November 27, 1992 and run through December 24, 1992. Hours of operation are 11:00 a.m. - 9:00 p.m. Monday-Friday and weekends 9:00 a.m. - 9:00 p.m. Clean up will be completed by January_ 1, 1993. A sign will be located at the northwest corner of Rahn Road and Cliff Road. This is Boy Scout Troop 345's fourth year at this location. If approved, the Special Use Permit shall be subject to the following conditions: 1. This permit is temporary and shall expire January 1, 1993. 2. All applicable City Codes. LF, - nr;;!_ti MY` fsw w i , E •A \, i,.___ ., _ V u t r tER SD ti ' : i Ar . __/ ,--7-�.tr} � vntYr �n t/rj '�L�Sj'' R �O--i. --- -- _ \( mid P), 1,7),Q V, N1 ' �? ��rr K1TLE E�' 3w ' z ?it„PIN 014)!._NEDR PAR., e $ t / SLATE et Si �ieu7.12 J ® i � ' • rARK unit. > Y 5 V )ll J Qc � a P. . . , . . . . . . . . • 1 . • N. i ‘...., L.... I I ,'■ . 7 / ..1/4 ft) ... • ' .. . • - • ., • -.. • . -: 1 .turt 'S ! . L AKE I 1 tr• . . • BLOCK • •. •CEt1T riE •. ",.1: I . . •,/ 2nd AIM). ././ ! . • ..%/ , • •, .e.' Palen Qui---K 1 1 ., 021-00 1 . 1 I I , / 0. v„4. . •1 \ -- -- - • - - --- -1---;„;-i---- 7-_--i- -... F;;;;;-„. 7 ,u; , .• -------7 7,!--- -: h.7,77:3- / • 1 . i I 4:4 • . ■ ...,,! ---'.-- : ii_. -.----.-- Te t a i— L - - --- ---- 1 , 5; .. (;' _.=_,..__,._ ......, ...., rt. .....--- ...,t ,.., ,"., .....-- .. • ..iiii. ! :;..,, , ttttt ,...... ttt , „„! -........ -9 ” tr," 1r •-iig : 1 t„x.' • lcilL 511V Cli // . ,..cc...,„,.1LOT D 9 ‘.... . a f r C.) I (i roe .------------ . "Vr15.M ",_....... i to 541 5• II. _ ca I : 1 1.1 ill II . i to 11 1..0 T E il i) itti '-' 0 . . ' III • 02 . S'ir..41 t) • - .--- • 0,0 is S. /I 1.1‘ .........„,._., „_ 4 tir CLIFF ROA , • . C01.1141'1 ..... __ ... 'e. Agenda Information Memo October 8, 1992 City Council Meeting SPECIAL USE PERMIT/KEY DESIGN/TEMPORARY ADVERTISING SIGN D. Special Use Permit, Key Design, for a Temporary Advertising Sign for St. Thomas Becket Church on Parcel #10-02500-010-75, Located in the SE 1/4 of Sec. 25--An application has been received of Key Design on behalf of St. Thomas Becket Church for permission for an 8'x 12' identification sign at the site of the recently approved St. Thomas Becket Church on Highway 3. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages through p? for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit for Key Design for a temporary advertising sign for St. Thomas Becket Church on parcel #10-02500-010-75 as presented. 1-2(a SUBJECT: SPECIAL USE PERMIT APPLICANT: KEY DESIGN LOCATION: SE 1/4 OF SECTION 25 EXISTING ZONING: PUBLIC FACILITY DATE OF PUBLIC HEARING: OCTOBER 8, 1992 DATE OF REPORT: SEPTEMBER 24, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow a temporary, free-standing identification sign over 7 feet tall on property identified as 10-02500-010-75 and owned by St. Thomas Becket Church. COMMENTS: The applicant is proposing an 8'x 12' identification sign announcing the future St. Thomas Becket Worship Center. The proposed sign, including posts, will project approximately 9.5 feet above ground level. The City sign code allows free-standing ground . signs which do not project more than 7 feet above ground level. The applicant is proposing a sign placement just north of the existing entrance to a site off of Highway 3. The sign placement is intended to direct the church's message to the,highway drive-by traffic. If approved, this Special Use Permit shall be subject to the following: 1. The sign shall be placed at least 10 feet from all property lines. 2. The sign shall be subject to the one-time sign fee of$2.50 per square foot. • 3. The sign shall be removed upon completion of Phase I church construction. hg ' "i_T T/Pa�•P AKESWE , `' !♦ '! r4 4.PARA . PINK j® l � gel 1141 G2-111444---1 ,s .49, + ' • � � \� VII � .` 1 -..1 j �!1 Q = /r 1 I! a t CS ii La --'—- _ K, ( . rt • • !� �/ -- - S -'I rte - ��-- �� _ .,.J ', ,- i. ,...,.` _ . ''-., "-.Oil • i',1{ r �i I R i ! - = , I. ^� ! l`1 !: 1• �: r� ,)J -ti ..ff _ I 1-,1 • ii r r - � 1 i , f i..„ ilk .„. ,...+-l _ r z . . ; i. ri .' ' . ..r.F... ....,.. ._ .... , . . .., \\ i . 4.7 4:1.- °1l 1i 111` ` 4r 11 .1 ^1\T /" / 1\l , ----- _ :l TTTTTTt J,/.,e- :..; 4_4 . ,...„--_...",,,, , 7 r .ri-i--r:--A, , . 1,, i„,, ,—7 — .,-.- _i: . _....,40L-,\ r-=---r f/ -';* ?"------ ti i fed Ak > ' ‘\\.. • - ' W •�: ->�_-,�,•/ , & ■ _ '?y is;! x �1r; •, . Y�"L/�) p' N z '`: '.rte/....- W •��„�`\ ^ z,Irisr-+i�:.___=:__ -..----7, ,': ‘.." S ,..:r. s' ,,,•,\,.:. . ...,,.....„. to :r, . /..r"..: 11,t.g f =s. z , , _ . /(dS ' Key Design 2020 SiNvr Bell Rd.#2 Eagan, MN 55122 (612)688-0116 • CATHOLIC COMMUNITY of St. Thomas Becket Has Claimed and Blessed This Land for Our Future Worship Center. MASSES CURRENILY HEW AT1080 LONE OAK ROAD,EAGAN(S.B.CORNER OF LONE OAK AND'BECTON) SATURDAY 5:00p.m.SUNDAY:9:00,.mj11::00a.m. FURTHER INFORMATION:6839808 / CONSTRUCTION STAARIS OCCUPANCY ' 1 :3A1E 1992 LATE 1993 h N l a Agenda Information Memo October 8, 1992 City Council Meeting VARIANCE/SIDE YARD POOL SETBACK/CHATTERTON PONDS E. Variance, Gene Studt,of 5'to the Required 5' Side Yard Pool Setback on Lot 10, Block 1, Chatterton Ponds, Located in the SW 1/4 of Sec 22--An application has been received of Gene Studt for a 5' variance to the required 5' pool setback for his property on Lot 10, Block 1, Chatterton Ponds. For additional information with respect to this variance and the conditions leading up to it, please efer to the Community Development Department staff report which is enclosed on pages 3 (through / yfor your review. As noted in the report,the parties involved have negotiated a mutually acceptable easement agreement and they are aware that the easement on Mr. Studt's property and that adjacent to the variance will have to be vacated and replaced. A separate action to set the public hearings will come before the Council at a later date. Since the variance will place the property out of compliance with the City's easement requirements, a consideration of approval of this variance should be conditional upon the vacation and replacement of the subject easements. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Gene Studt of 5' to the required 5' side yard pool setback on Lot 10, Block 1, Chatterton Pond as presented and contingent upon the vacation and replacement of drainage and utility easements on Lot 10, Block 1 and Lot 9, Block 1 of Chatterton Ponds. • ( 3D SUBJECT: VARIANCE APPLICANT: GENE STUDT LOCATION: SW 1/4 OF SECTION 22 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: OCTOBER 8, 1992 • DATE OF REPORT: SEPTEMBER 24, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a side yard setback variance of 5 feet from the City-code-required 5 foot pool setback on Lot 10, Block 1, Chatterton Ponds. COMMENTS: This Variance is necessary to alleviate an encroachment problem with an existing in-ground pool located at 1363 Chatterton Road. According to the applicant, the pool was constructed in 1988. The fact that it encroaches on the neighboring property was not recognized until the summer of 1991 when Lot 9, Block 1, Chatterton Ponds was developed. In addition, Mr. Studt states that after exhausting all insurance liability avenues, he and the affected neighbor have negotiated an easement agreement satisfactory to both parties. Structures of any kind are not allowed in City easements. The concrete walkway around the west end of the pool extends across the 5 foot drainage and utility easement of Lot 10, Block 1, Chatterton Ponds and into the 5 foot drainage and utility easement on Lot 9, Block 1, Chatterton Ponds. Both easements must be vacated and replaced per City requirements. If approved, this Variance shall be subject to the following: 1. All affected easements shall be vacated and replaced to City requirements. 2. The variance shall be subject to all applicable City codes. ��y��• i - i ..r, I- w MEST �KIL C ., k i t � MI S RD .. p.m _r.) . >r J 'y ;1 22 v Pr,-, Al :. �[IE R (I- r KiLCY ROD Q . I 1111111 ci., tillt::Ai,. ..,. t I F ie. fi * ,. ST 7 An WO,,f...f . CERTIFICATE OF SURVEY .gassy R(? a €.Plea. P71 OUPONT AVENUE SOUTH ON e ELOOMINOTON,MINN. 55477/ V-i 8884084 --- ID ,`I, LAND SURVEYORS • ..44 / h \ Survey for: otsn MARNIE DEVELOPMENT DESCRIPTION: • ti� Lot 10, Block 1 , i�� CHATTERTON PONDS 1 e� i ,c) . \ 6-, \\ J ,,/kl N> 0 R, Gi/ %IA A , \ \ I 6 _ ,, \ 1'`` / • N V ! II =.talk v.> 10 N 1 t / 4 _� 0 •�!V7 i4. a �J I /• Sk 141,40i \S" . I .8 ' ' e tp4 \e • 0014 CI 4, . ,...„,:,5N ,4, ..1 , L 0-r o , _-- I ° y e fil" \ /_.".1... \` 010 \ S�ka/ V t1' 9....97,01 A. Z3 '��•a� 11. 01. tA � �• AREA OF DETAIL ,o/ 6043 We hereby certify that this is a true and correct representation of a survey of the boundaries 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 nd. Dated this 2nd day of February , 19 87 . F. by. e "1 Minne ota Registration No. 9018 245-57 Agenda Information Memo October 8, 1992 City Council Meeting VARIANCE/SETBACK FROM INTERSTATE RIGHT-OF-WAY/EAGAN ROYALE F. Variance,Mentor Development of 25'to the Required 50'Setback from Interstate Right- of-Way for Lot 19, Block 2, Eagan Royale, Located in the SE 1/4 of Sec 31--An application has been received of Mentor Development Corporation for the above referenced variance. For additional information with respect to this item, please re rr tt' the Comm pity Development Department staff report which is enclosed on pages !�7'`hroughf3, for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for Mentor Development of 25' to the required 50' setback from interstate right-of-way for Lot 19, Block 2, Eagan Royale as presented. SUBJECT: VARIANCE APPLICANT: MERITOR DEVELOPMENT CORPORATION LOCATION: SE 1/4 OF SECTION 31 EXISTING ZONING: R-1 (SINGLE FAMILY) . DATE OF PUBLIC HEARING: OCTOBER 8, 1992 DATE OF REPORT: SEPTEMBER 24, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a 25 foot Variance to the 50 foot building setback required from MnDOT right-of-way for Lot 19, Block 2, Eagan Royale. COMMENTS: The three-sided lot at the west end of Royale Court has over 323 feet of freeway frontage. The 50 foot setback requirement, combined with the standard 30 foot setback from the City street, limits the buildable area of this lot. ' According to the applicant, the side lot line where the variance is requested is against the freeway fence and is approximately 60 feet above the freeway. The applicant also states that granting this variance will result in an unusual occurrence, in that homes valued in excess of $300,000.00 are rarely built on lots with this much freeway exposure. If approved, this Variance shall be subject to the following: 1. All applicable City codes. >� � " . 4-t,4-F. 1 W s fr SW Ca I\A! BOi (E-" so r,./ ... 517,," ' ic..wy , ,. ,, _ r , 0, i J 1' %t. Iiiillil : A* • ri,(IesuLTE C S ; .7.7A PARK 1 h fC'yk. L. (, 'V LAN\� . ! ,• , —...R. w Ill 1:,,,.._,,., ii?‘'r t.."5_,..1:;' i , , (4 s.; e'j SW On VserA s•a 13 ! UetlIlicutt: us .,uivvy ivi: - 51*ve 1Fliarc;,r Pe7 ry°li • ti ‘< 1" . 27 �!/7 9Z _ $$�, WORTH >t • . o 1?OVAL Aile . t i'li .,,_ ...------ 25 sef back 1/1,4 - Frorr6e4 Vemem ce / /\ .\ A • / 7 • / ( ,A \ IV / / • \ \ �� (lb Aff\o‘t1 fin7. // / o ol \ f. \ . / / \ / / \ / / // set- 60 ---. --. *--- .3I \ \\ / / r L.� • / / r Gme Atli / / 217;.00. . /.--• O f " ' Sole; rcieket • 900.6 Denotes exislfn' flrmm/ion Bata 1/Ot f EL ea O .€ sco.v.Denotes prop d Elevation Lowest Moor Veva/ion 1 _ . . Dirtoles Ora,h,a e i utili 1 Easement —._..._ Denotes Draina a Flow grows Top of.block Elevation $ o Denolec monument . Qcro1e slob E/evofion :, 8 earins shown art assumed [,r2'LOT l9 . BLOCK 2 . . raamti Pnvoi I Agenda Information Memo October 8, 1992 City Council Meeting WAIVER OF PLAT/LEO MOGOL/3980 BEAU D'RUE DRIVE G. Waiver of Plat, Leo Mogol, in Order to Split Parcel 040.12 for Individual Ownership Located on the Southeast Side of Beau D'Rue Drive in the NE 1/4 of Sec 19—At its meeting of September 22, 1992, the Advisory Planning Commission considered an application for a waiver of plat from Leo Mogol to split a parcel located at 3980 Beau D'Rue Drive and currently containing two single family homes. For additional information with respect to this item, please re,e. to the ty Development Department staff re•ort which is enclosed on pages througle j for your review. Enclosed on page .. s a memo from Finance Direct5r/City Clerk VanOverbeke remo g the ide • ied •nancial obliga- tions from the staff report. Also enclosed on pages tirtihrough is a copy of the APC minutes relative to this item. The APC is recommending approv 1 of this application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat for Leo Mogol in order to split parcel 040-12 for individual ownership located on the southeast side of Beau D'Rue Drive as presented. 13G • • SUBJECT: WAIVER AIVER OF PLAT APPLICANT: LEO MOGOL LOCATION: NE QUARTER OF SECTION 19 EXISTING ZONING: COMMUNITY SHOPPING CENTER (CSC) DATE OF PUBLIC HEARING: SEPTEMBER 22, 1992 DATE OF REPORT: SEPTEMBER 14, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Waiver of Plat for a 1.7 acre Community Shopping Center zoned parcel currently containing two single family homes. The unplatted property is identified as P.I.D.#10-01900-040-12 and is located at 3980 Beau D'Rue Drive. BACKGROUND: The property in question is zoned Community Shopping Center with the same designation in the Comprehensive Guide Plan. The property has been zoned CSC since at least 1978 and designated CSC since the first official Comprehensive Guide Plan in 1980. The single family homes were built approximately 30 years ago and are legally existing non-conforming uses. No development will occur as a result of this Waiver of Plat. COMMENTS: The residential land use is neither consistent with the existing commercial zoning or commercial designation in the City's Comprehensive Land Use Guide Plan. However, this will not be the final development or use of this property. The applicant is proposing a Waiver of Plat to create separate tax identification numbers for each parcel so the homes can be sold separately. The site plan splits the property in a way that meets Single Family Code requirements, but a shared driveway will still be used. • • GRADING/DRAINAGE/EROSION CONTROL: The proposed development does not plan to perform any grading. The drainage from the site flows in a northerly direction to Beau D'Rue Drive. The existing storm sewer on Beau D'Rue Drive drains to the culvert and open-channel system on Cedarvale Boulevard that flows to the Minnesota River. WATER QUALITY AND WETLAND PROTECTION: This 1.7 acre single family residential parcel is located in Drainage Basin A. Staff will recommend that the parcel be subject to a cash dedication to satisfy water quality requirements. The fee is estimated at $1,120.00. There are no wetland protection issues associated with this site. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: No utility layout was submitted by this development. According to City records, one of the two houses is hooked-up to City sewer and water service. An existing 9" sanitary sewer and 6" CIP water main is readily available to serve this site from Beau D'Rue Drive. STREETS/ACCESS/CIRCULATION: Street access for the proposed development has been provided to the site from Beau D'Rue Drive. The two existing houses currently have a shared driveway that serves both houses. EASEMENTS/RIGHT-OF-WAY/PERMITS: If a sewer and water service for one parcel crosses the other parcel, then the platting of the property into two parcels will require a private utility easement to be prepared. . FINANCIAL OBLIGATION - 19 W-8-8-92 Waiver of Plat Leo Mogol 10-01900-040.12 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 based on the connection/availability of the City's utilities. Improvement • Use Rate Quantity Amount Water Trunk C/I $1,565/Ac 134 Ac $ 2,412 Water Availability C/I 2,470/Ac 134 Ac 3,807 Charge Lateral Benefit C/I . 25.25/ff 240 ff 6,060 Water Lateral Benefit - 17.70/ff 240 ff 4,248 Sanitary Sewer Storm Sewer Trunk S.F. .069/S.F. 34,137 S.F. 2,355 Storm Sewer Trunk C/I .035/S.F. 67,137 S.F. 2.350 Total $21, 2 • The above computation of the financial obligation is based on the zoning of the parcel. The financial obligation for single family use is: Water Trunk S.F. $1,565/Ac 134 Ac $ 2,412 Lateral Benefit S.F. 1530/ff 240 ff 3 672 Water ' Lateral Benefit S.F. 17.70/ff 240 ff 4,248 Sanitary Sewer Storm Sewer Trunk S.F. . .069/S.F. 34,137 S.F. 2.355 Total ;12487 Neither of the proposed residences are presently connected to the City's water and sanitary sewer system, however the utilities are available. ) 79 If approved, this Waiver of Plat shall be subject to the following: 1. Recording within 60 days of Council action and documentation provided to the City. 2. 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. 3. 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. 4. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 5. 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. • • LLD v • . . . . _ . • • •• • • . • I . it. • : 3 i a... Ilt \ I .46 '% 1•Irt.'II:. k,x., 1) . • . Ayr,. SE ,' ..• . Sl;v11, St . I' --- :X.4—V - "; I 4%Il ', ,.., '-'- —•---7.-'‘..;<,- 4, 41'.' c-, • lo . <1."-e.i.'*. . 2 ■-'*..41W11 c`g` 4s :1 :. ,e?-))- : t..s• ,;,-' ■.‘74,. .. -war . - .. t. LOCATION .. .\\.t ,.... .14 .„, 4;f4 t 5 i. •'•'it " _..ffimpit"' • •06 • t.• • Ir,-- - .,. mi"7- i, _., 1 „.., p' -7- , . . , .. F ... , , . ,. .... , • ii.1 , - 10 - I , ,:./... hi-13 ...4,:,..0.4., Aoki, A .._ 1 .2s? ce•--,.....viih._ SA L I A d-•••••••1 ::: W i AWWWIR=DC ea JADE ' LA 1 I.11 ; I..,...vt. s,,...,.,_,....:..s.,.,..,-.441. F (pi ,..4 :to,. .1,1,_ , . •-- e„., : .0.t. __-,444, ■ i PAR A ' -.:, , "41.00-3.11. OL CI '. - • . I • . .::;1-..2 't' • LitAkg ....... ..... ,.z.. ;..1 ir 2f lif- 1.,....,_ ,./...4re„' r!...: •,..t-,,.6 ' .,5:,--,t,',',.,--st: • : - •,.4 — :j., • 11-37,-.-14. ,. w., ZONING .. ,,, ) _ . •1,-. .v•- • .,, ," .,....._.x,,,e..,„ ,,( .N, - - -.%• . it. —4 6-..-, l'f : .., ..c.c. pi; ..-• . ..--ft" •`-1(c.,.1" , ig.• .. . ' Fr 4.t'w.11`;141 74 ' !Lei.; , ,.-• • I • ,.•. . ;. ,... . ... • . '' itk".4".:.4 /1110..1)11 I 1 il;\1 '..*:=':;.,:..';'... '' . . 1-) !Pr.;114. '11 I 1 :• --.'"..:1'.:',_., ::.'all •14,ftviliiiii il'pi(' . -1,•;,,:,..,,,;„::•,,.......iiil .• ..,: . ,, . --..rt,,t- r tfit%."1.4:-..:',./7.".•i i' ktift :,.- • .. .-',1, ''4■:^11-,.. A' ' S. :*.iit-44;;;I : 1 th.if 01. v.-3-'4c:rt,:j4g? .-':;:. , : • •- i -•14•• ;i I • 4 ,- gii I trt-- 1 1 i ,...i.fi .. 1, 1.t ini, ,i„ :. .. ,,,4,. \S''N IND .- / DA A -... ._ . , . - I---.,.:.-- • i ef • GUIDE PLAN • , •• • ' • •••••• .„,...•••• - . ..7 IC ‘••••;,,......y e r ..'..1---:. /7'...)t' -.i• f ' 11 " • • ..- ..--* ..• -----1---: • ... -.-... ...- ,p. • •.:_, ---- _ . . .. ...., , _ ... . . .... .., _____ ... ...... _ ......._ ........: _______. ...._ . • ' ,...'::'• 1 •• MD • —7--........., ; ... , Li eV !..j Li•■•=••••••, •. . PC i • . ••••77.11 \ i Sw.. : ,.., .... pg •••■• 1 4 ( • L___t..\..._: pf il on. ,. ; • 1 : : . .--.. . i •- I , - . - Z ,sl € ";TC-;.2.: : �!II!. I L a ! hI L « Z V O :r� sNI; t E } _ 5 = � a !W�s!ss€ i�i$ : a- WiiiIJ e ifis•. .00v: i ° 4 C Q 6 Q aW 1 J C` �° i.l.Nsilsssse _V N n e ii;€" > a �.1 ie !_° gig? leif 1 � i_ x• ! i1th!Iii. till/2124;4a a 0 .ii f-!4170.C5:fiE 41-s E=WWE: 4 = t-elij liE..rbes115 -:11114;!z-Its a 3c 4 Ii .i 21:0-';1- 41 r - a•€"s -so.s. sf:_ s $"$•:s °ae. s 's es aa..e-0:4:1 Ea"a"€""si; s4s y"sw 1111.1ri•lilehlil 1 _€'"i'r- 42W ...11 . pe •'~ E+YL: i i"hr° F�i•223€Ex*zi alr, "R°° is'i€8� . ' 7% g1=1,110,42'� -ae;z—F218 • e=r_1s-" =aas- aI r is; ; !&.^�" WMp to YD 2 .: FLL' ..lY 8 • .�i N m NI °s s. '>ax "a: s_ s 3s 3<;x: �$$i _?� s :: s: _� s_ m d �s -s o. a as / is as N A 1• I OiNi 1 Z.!4E i .. • r-71-: •l w I F E • if _ x x Yoe _� is • i 2 ii9 't 5 . e 1I 1 -- . o F -- 95 --x- va asl c - '— :-- 't-SL `"s ,�,. `ink ,, 05.6‘ , I? p.pootn� %t v1 �\ ,fie • �_— ` - - C �!ic " ', �• mil �1 - f� •� \ o\t'''s 6: N %� O\ pD_ C 1. ••'re. I� •0V ��' Y S t71 s' N.., '• "\ .:-// . A‘. 41 ••bc t. _...iligok i.._ : ,e, 44 • ' .__ As•\` , .- • ' • . • • .z' t'.' 1*. 00?'' 1# 4 ..1%. .44'?..• •0 . ....';``...::. 45 &MOM%•••be•411 . It.' ''' „iiiiiV lk .: • % i,• e . .:illi:p. :::::::::::::::::: .i 4: :Ilk. 1 • • *. .'. .$ • • ::`'41fil'Ail : :. :::: TO A , a . e :::iiii i.•„:I; .:'••''Yt'Ill.!. :11ep's , , Aii:::1::111::::• .141: ...:: t :::...: I • . ,:iiiiik:.::1::: '111!':' .. .". .::: C 1 .. ::1 • ,\ :::::!:: i:::::: : li::1 .::::V.... :V .•• . • •:::::: •1:::::Ai..4:::. :::!::. ::14 : ::: :: . .... t •::i:A:::::::it ■ .:1(::*:■•:. :::: :. :: :. • ..::. .:::::.: ... •4::. :.::::: ::: :. :::•::' VI .‘ .:::. •iiii:ill •ii:.:Pil:' ii::::. :I: ' ......-. r. !!. .':::iiit Ili:.1 "341.• : .., .:„„ :: „.. ,.:qi .,ifIk...-.......... 1 .. . ,... .„.„:„„4::::.... ., .........: 1 ft,` . .:!;.:T.::iieliN:'.',.7:: ..;f....;:. I t;;::,:Atilifil :.....i.,,, 4....::::::::::::::::::: t . . ..:....c.... :::*...:;*::.:•. I •IV , .../........:::::::::::::-.. ............:: .....:•:......:•;....... , Avxis , 4t .:.••••:••••%• .../.4-::::::::::::.:9i•:::::::::. , *t ": ........::::::::::::::::•:.:... .•::::::•:: v.... . . . . .. .... !mks l's Re '4 :•:N•••••••••••:•••••.4••.••••••.••••••••••.?!:‘:•:•••• .s4 • ••••••••&••Wi•j#: Ir'' . Ji 4. • • • • 0, ., 0 -...•••//wee. • . -- II .,:•;: .0.• -%% wi.1,J 11 i I_,le a u•■V i .• . . FINANCIAL OBLIGATION a C/ 2 On/el G LEGEND • i no um Lateral Benefit Sanitary Sewer Lateral Benefit Water •:-:.:.;..:.:.:.:.:.:.:.:.:.:.::: .:*::::::-:•:•:•:•:•:-::.:::::.: Water Trunk Water Availability Charge .:.......:.:.:.:.:•:.:.:.:.:.::. • - :.:-....-...,...:•:.:.:.:.:..• Storm Sewer Trunk -:.:•:•:•:•::::::.:.:.:.:.:.:.: • ,. 4,P 11' 1 r r 4'. . r Storm Sewer Trunk ____# . ., i - # . .- • ..... . . _ .. • • /,,•• t i. o#,,,..::.'1. .t."tw•�•w.oIL / /4 \ 7 4 w�r•�rw.u. ;nt h• .i.. • :}�t• •: •':' t ....:::::: i:::.:c :.,;;;: .;:::::V. ••-: ' :: ' (./V . ;.. ..ar 4 .:; ::: -'a ' i Dif .ter._ ', sd Sankt Ot I�.� rt11.1 X FINANCIAL OBLIGATION —•s',,I 9 I ro,ti,ti are LEGEND . UMW— Lateral Benefit Sanitary Sewer Lateral Benefit Water . Water Trunk /. , `, Storm Sewer Trunk .i `I • • • 4.(k -AT 1. ..-7,---:„...,,... ..... ,,,, cc,.' - INDUS .-IAL I'ARk ` I// CP- �` �-A ti�`pr \, 4. ,A-b\ ��. a�J4' /t 790 7•Q - a '�-806.0-- •r r* A:-... I- Mt / ; Itta• ./ ',p AP`Z7 /r .r 'LL ^� ,.... A k,..- A -. Az _ _ �' Pat A -i i i'797..3 i, ' i •. i 6s a, a�'+ : A > A-bbb �` ICFNOF Il� 4:?�_N . SILVER ! ; `-T ;� -r ti.>1Pg9-39� j'1 \b e�et .2ND ,•A-n AgP+38 % a ei�. .Irl Oj4 `�'-A:.1I 2• / A- /D L.LA$ B4/.4 't ,(t° ' ,j .1, \ s•' A ttaj Of. , F ' Li. TpW Je� *dim; , j "I N � N I!. V W 1 A"tnm ..-_ T� ST A- .71_1.1. N ME il I C � y1\�• SILL %" 1153Iet, . , •* ,•.c r..kk\ AL �a \)j, . o � �. r�. \-:r, 4../...2% \\\IYH"'JJJ la +(iw�'• l� j`{Ip •• � VIII.. ' � • • f"'i,111 '. S /it tr., ��•� , ./i� 7961 RK a- 1 \; n •.1. I" A hw ..ii,7 5.5 •al ` ` ►1121-� T �II 1�N 6 yt + 'LII0._-•`801„ ! (171 I ` '+r'n�' iNtilliii+y 1� �j _A- A^ t y � fin��J) ''1r lI� 1 - _ . ►.l-I I11 W '.KNA re I,,- r t ��Il' 1,�j jI .nc;AN AP-4�a. t � rnR►; .1.47.r.- < r�� •, I �_ ��'yV��C!//�i('i, T JN TH 866.3 �n A 1 '� h r°, l-.JA - .7;ri, ? !Ii) REEK -x 890.6 I =7I- —. � 1 I-- . I f P JJ A Km.sti AP-35 =20.� •P- -1_ _ 1: 1 880.6 ` � n -2 s 1uh,un :I ' 1 . +E ni1:717 T��[l�( 7 41151/ Iikt:7767111 -AP-5i1J� 1:till, row, V iiekiil, B7b • i' I TA7r�, gg gg2.3 i � //� I )).1.0), .1 .i(11.iIi -S @89.4_, , 9 1,:,,,+ 't ' WP-8e : .'Y ��,• 93.9' +cr �.Ese4 5 rlltl I t• ,Y , �•3 !90...�„ , 887,5' I TJ r:: '.)'`` CA, ' �.�t ,, 7 la/ :/ ` . . • FIGURE No. 17 STORM SEWER LAYOUT . • MAP • • • • • CITY OF • EAGAN . 1 L—t , . MEMO TO: CITY PLANNER STURM • FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: OCTOBER 2, 1992 SUBJECT: WAIVER OF PLAT- LEO MOGOL At the request of Mark Parranto, the Finance Department has completed an additional review of the financial obligations identified in the staff report dated September 14, 1992, for the above referenced application. As a result of that review,it has been determined that the financial obligations were incorrectly identified and should be removed. These charges have previously been levied at the rate for single family use for the subject parcel. I apologize for the confusion, please let me know if any additional information is required. Finan Director/City Clerk VanOverbeke EJV/jeh • 4(9 Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 22, 1992 WAIVER OF PLAT LEO MOGEL Chairman Voracek opened the next public hearing of the evening regarding a Waiver of Plat in order to split Parcel 040-12 for individual ownership located on the SE side of Beau D'Rue Drive in the NE 1/4 of Section 19. City Planner Sturm stated that the existing homes were built 30 years ago and are legally existing non-conforming uses. He further stated that City staff felt that a waiver of plat in this situation would be better than the full platting process. No development will occur as a result of this application. Mark Parranto, a representative for Leo Mogel, stated that not much can be done with the homes in their existing conditions. They would like to split the ownership of the parcel and see what future development occurs with Cedarvale. Member Merkley questioned whether it is parcel A or parcel B which is not yet hooked up to City sewer and water. City staff and Mr. Parranto both stated that they were not sure at this point which parcel is hooked up. Member Merkley stated that he would like a condition added which, if Parcel A is the parcel which is not hooked up, requires the applicant to conform to City Code and hook up to City sewer and water. City Planner Sturm replied that if Member Merkley would like to make that a condition that would be fine, however, he requested that it not be to City Code requirements as the area is zoned Community Shopping Center and not single family. Mr. Parranto commented that when the well and septic system breaks down sometime in the future, it cannot be replaced. It will be required to hook up to City sewer and water. Member Graves stated that he would not prefer to see the applicant spend money to hook up to City sewer and water, only in the near future to tear it all up and develop a different use on the site. Member Merkley withdrew his condition. 4,1 Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 22, 1992 Miller moved, Griggs seconded, the motion to approve a Waiver of Plat in order to split Parcel 040-12 for individual ownership located on the SE side of Beau D'Rue Drive in the NE 1/4 of Section 19, subject to the following conditions: 1. Recording within 60 days of Council action and documentation provided to the City. 2. 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. 3. 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. 4. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 5. 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. All present voted in favor. • \L.(?) Agenda Information Memo October 8, 1992 City Council Meeting PRELIMINARY PLAT/TOBY STEVENS H. Preliminary Plat, Toby Stevens, Consisting of One Lot on Approximately One Acre of Previously Zoned R-1 (Single Family) Land Located on the Southeast Side of Wuthering Heights Road in the SE 1/4 of Sec 18--At its meeting of September 22, 1992, the Advisory Planning Commission considered the above referenced application for preliminary plat of a single family lot along Wuthering Heights Road. Issues relative to this item were previously before the City Council and it was referred to the Planning Commission for its recommendation. For additional information in respect to this item, please refcQr to the ommunity Development Department staff repo which is enclose n pages(fOthrough 4 for your review. Also enclosed on pages/ through ç/( s a copy of the APC nutes relative to this item. The APC is recommending apprdval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a preliminary plat for Toby Stevens, consisting of one lot on approximately one acre previously zoned R-1 (single family) land located on the southeast side of Wuthering Heights Road as presented. / 49 SUBJECT: PRELIMINARY PLAT (STEVENS ADDITION) APPLICANT: TOBY STEVENS LOCATION: SE 1/4 OF SECTION 18 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: SEPTEMBER 22, 1992 DATE OF REPORT: SEPTEMBER 10, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat of approximately 3/4 acre for one single family lot on previously-zoned single family land along Wuthering Heights Road. The City's Comprehensive Land Use Guide Plan designates this site and the entire area between the Chicago Northwestern Railroad and State Highway #13 as Industrial. EXISTING CONDITIONS: The 3/4 acre parcel is located north of Silver Bell Road along Wuthering Heights Road, south and east of the Seneca Waste Water Treatment Plant, and west of Silver Bell Apartments. The surrounding land uses are Single Family and Industrial to the north and unplatted Single Family (R-1) to the south and west. East of this site are the Silver Bell Apartments zoned R-4. The applicant is proposing to construct a single family home on the 34,500 sq. ft. lot which is consistent with the current zoning. PARKS & RECREATION: Parks & Recreation staff will be recommending a cash parks dedication and a cash trails dedication for this plat. • GRADING/DRAINAGE/EROSION CONTROL: The existing gravel street which is along the west property line of this one-lot subdivision has a gradual slope to the north. The drainage from the front yard area of the proposed house shall be directed to the street. The gravel street currently does not have a public storm sewer system to handle the surface water runoff. Drainage from the lots in this area generally slopes in a northerly direction by overland flow. The future upgrading of Wuthering Heights Road will require the construction of storm sewer to drain the area. During the construction of the proposed house, the builder will be responsible for grading and restoration of the lot and providing erosion control. WATER QUALITY AND WETLAND PROTECTION: This 0.75 acre single family lot is located in Drainage Basin A. Since the site is too small to accommodate on-site ponding, staff will recommend a cash dedication in lieu of ponding. The amount of the cash dedication is estimated at $475.62. There are no wetlands protection issues associated with this plat. These recommendations are subject to approval by the Advisory Parks, Recreation, and Natural Resources Commission. UTILITIES: Sanitary sewer and water main service of adequate depth and capacity is readily available to serve the proposed lot. An 8"sanitary sewer line and 6"water main was constructed in Wuthering Heights Road in the early 1980's. A 4" sanitary sewer and 1" water service was provided to the lot when the sewer and water in the street was constructed. There is a hydrant in the northeast corner and a hydrant in the southwest corner of the lot that will provide adequate fire protection for this area. STREETS/ACCESS/CIRCULATION: Street access to the lot is currently available from Wuthering Heights Road, a privately maintained gravel street that runs along the west edge of the lot. The private street connects to Silver Bell Road approximately 400 feet south of the proposed lot. RIGHTS-OF-WAY/PERMITS/EASEMENTS: This development shall dedicate all right-of- way and easements necessary for Wuthering Heights Road. Also, a 20 foot drainage and utility easements shall be dedicated over the existing 8" sanitary sewer line that runs along the south property line of the proposed lot. The existing 8" line shall be field located and the 20 foot easement shall be centered over the lot. l I FINANCIAL OBLIGATION - Stevens Addition Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Storm Sewer S.F. 5.068/sq ft 34,500 sq ft 52.346. Trunk • CONDITIONS OF PRELIMINARY PLAT APPROVAL FOR STEVENS ADDITION 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B3, Cl, C2, C5, D1, El, Fl, G1, and H1 2. Development on this plat shall be consistent with all R-1 setbacks and maximum lot coverage regulations. 3. All applicable City Codes and requirements shall be adhered to. 4. A 20 foot drainage and utility easement shall be dedicated over the center of the existing 8" sanitary sewer line that is located along the south property line of the site. • . l STANDARD CONDITIONS OF FLAT APPROVAL A. Financial obligations 2. 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. • 8. Easements and Rights-of-lay 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. • • l � 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 rust be approved at a formal public hearing by Council action prior to final plat approval. E. permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency.. F. parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Rater ouality Dedication • • 1 This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified - in the City's Water -Quality Management Plan. E. Other • 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Cosaissien City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 plataprv.con LT5 *2 Stevens Addition 11.41------'-'-'1 lia""--,c4P-- ...:Hi. STREET MAP Ntb<S 3W SE RR9 4,J- / d g'LV • 111 1 g 4. ' O~A 7-201 ! � ^. ,9' r%AIL u Yom. U � ' 'a '. N 4 ii� >— , • • a` ":' MDUS Ian 4.0L. .. ... .4, 18 ,i ZONING MAP �- ,% ii LA f �i , ,..,• , w i� , •' , F..,_.. . . . i.i.... . _,_, - !II �� '` ,4 f. :a GAN AN giras ‘4•44 -: ,.1k1h X3;.7 �+�. ---___. r 1. ",", 'r" • 13 • �T COMP GUIDE PLAN MAP %' " .: . ,, ND �,. r 4 c *. -,..- .i xia ,, .3 _ 9 PI / i[ • /Mt • DELMAB H. SCHWANZ we s eereel.ere a•eew•undo.tow M ler M M fw.rMr /4770 SOWN RORFPT TRAIL ROSEMOUWT•MINNESOTA MOSS MENT11744 • SUPVEYOR'S CERTIFICATE Preliminary Tint: STVVI:RS AOOTTIOR Owner-hevelnperr Marry and Trrly Stevens Scales 1 inch SO feet / peeeriptiwu: All that pert of Government Lot 7, - Section IR, Township 27, Range 23 described as follows: Commencing at ■ point 551.8 feet East 1 / and 272.75 feet North of the southwest corner of lnvernment tat 7, Section 18, Township 27, Range 271 thence /ash and parallel to the south //// ',././-line of said fovernment tot 7 a distance of 190 feet, thence North end parallel to the west line of said P•nver,ww•nt lot 7 • distance of 321.11 feet, //.././ thence Southwesterly a distance of 248.03 feet to /_�1, a point that Is S51.R feet East end 434.16 feet I r JJff- SNorth of the parallel to corner thereoff. thence ../////A r <F South and parallel to the vent list of said •,)� '/ C,wernmeent Lot 7 a distance of 161.18 feet to A e " 'V •: :•: /�'I. the place of beginning. AP li✓ 48' / E'`` ,7F•;i•::ti:::•:; (� Ares: Cross Area 45,P00 square feet f 1` d{►v h +. }•.'•}: Lot 1 24,500 teprar. feet f al .; :v • :a Street 11,3P0 square feet 2 / b 3 •:ti•` :: /: ::. Existing Zoning P-1 Single family residential :;;:;; :;•, ;: ;;: ;.;:: Proposed Lon i ng Same e ...%•:•:.:X .::: �'/ • Notes! Area is nerved by City sanitary '�5" *-• :} ( sewer and water with services :•: •:•':.;••:.;•;:: :::,:}.. provided for this lot. �/ 0i! :•: :••��::•:•::.::•::•:•:•::•::•:•;•:::;:::;N •. Read in currently an easement toad _/ :�•• and has a gravel surface. Prepared Py: Reimer H. Schwan'. Lend Surveyors Inc. 1,4 �:1:::::::::::::::::::::::::::::::::::::::::::::::.x::::::.• 14750 Sleuth Robert Trail t'51' '!i•,. {{ Rnsena.nnt, MR 55068 ` `/) Tel 421-1769 C b� ' TII Ni ' 1..........1";:f.i.::::,;:::47.v........:::i.................t FINANCIAL OBLIGATION i ��. :; ; :: ;:; ;•::;;.: LEGEND __ :.r:.r..� : : l , . .. . '• Storm Sewer Trunk r ivz,)lb I 4 I • 1 I�1 • I . v+�� \ I ti 1 i F • "v/ I '''-Y: 'ell/'j/o%7 I I - F/. 44. 7-7.7q/,f.',. /i./ ) . t-...,60 7W J/i/E e OIi'7 /oT 7 I••■•• .:atilt/Am hull ri'ee.pia..e•••,e,l.ar / taMM'W ev me e.under el Steel supav'NNn led . Ma I ern•A11r 1rgl u..d Lend■wnvrvr seder �'I. •� /� , , lee Nee el 11e floe el MNws 1. Deed 07-30-92 Deem N.lieninesl• No.ws rzr i '.:'-'6:)1 % 1992 . _- Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 22, 1992 PRELIMINARY PLAT TOBY STEVENS Chairman Voracek opened the next public hearing of the evening regarding a Preliminary Plat consisting of one lot on approximately one acre of previously-zoned R-1 (Single Family) land located on the SE side of Wuthering Heights Road in the SE 1/4 of Section 18. City Planner Sturm stated that this development will have access by a private drive and that all single-family requirements were satisfied with this proposal. He stated that this was a very straightforward application. Toby Stevens, the applicant, stated that he was concerned about his financial obligations. He commented that City staff told him that he would only have to pay a Park Dedication fee. He questioned why he was not informed of the storm sewer improvement fee and water quality fee. Chairman Voracek replied that the City Council reviews this type of' issue, not the Advisory Planning Commission. City Planner Sturm mentioned that Mr. Stevens was informed of his financial obligations when he initially came in to start the platting process. He further stated that the City cannot guarantee the estimated fees and costs. City Attorney Dougherty stated that all homeowners pay for sewer hook up regardless of whether they are platting the property or not. He also mentioned that Mr. Stevens' financial obligation is not a special assessment to be paid over time, but a fee to pay up front before a building permit is issued. Griggs moved, Miller seconded, the motion to approve a Preliminary Plat consisting of one lot on approximately one acre of previously-zoned R-1 (Single Family) land located on the SE side of Wuthering Heights Road in the SE 1/4 of Section 18, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: • Al, B1, B3, Cl, C2, C5, D1, El, Fl, Gland Hl 2. Development on this plat shall be consistent with all R-1 setbacks and maximum lot coverage regulations. 1 S7 • Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES SEPTEMBER 22, 1992 • 3. All applicable City Codes and requirements shall be adhered to. 4. A 20 foot drainage and utility easement shall be dedicated over the center of the existing 8" sanitary sewer line that is located along the south property line of the site. All present voted in favor. 1 • MINUTES OF A REGULAR MEETING OF THE EAGAN,CITY COUNCIL Minnesota • Tbitititlay September 17,1992 ' • A regular meeting of the Eagan CiOrraii0;*0:441:4k:Thursday,September 17,1992,at the Eagan Municipal Center. Present were Mayor Wachter,Awada,McCrea, and Pawlenty. Also present were City Administrator HOF.% Community Development Director Dale Runkle; Director of Public Works Tom Colbert, and City Att .'James Sheldon. PAWN City Administrator Hedges said there had been a request to move Administrative Agenda Item 2, Request for Use of Propane Cannons for Deer Control,to Department Head Business/Police Department,Item 3;and Administrative Agenda Item 3,Fula ymcgi 1st Addition,to the Consent Agenda,Item M. Under the Consent Agenda, there.is one acfgonal Personnel Item: Item 3,Touch Football League ........ Officials. ........ .......... ........ Pawlenty moved,Wachter secondaiiiiOtitiiiiiiiipiii4i4the agenda for the September 17,1992,regular City Council meeting as amended. • Wachter moved,Awada seconded,a motion to approye:*e minutes of the September 1,1992,regular City Council meeting. Aye: 5 Nay 0 • Pawlenty moved,Wachter seconded,i.iniition to*rove the minutes of the July 7, 1992,special City Council meeting. Aye: 5 Nay 0 • • IREMEIVAXOtktWSS::: • POLICE DEPARTMENT/HUNTING PERMITS Pawlenty moved:Awada seconded,a motion to approve special hunting permits for Robert Sandeen on property located at the intersection of Yankee Doodle Road and Lexington Avenue and for Steve Huettl on property located at 1300 Deerwood Drive. Ays:::.4. Nay: 9. AbAtain: 1 (Wachter) .:.:.:.:.:•:::•:•:•:.:.: POLICE DEPARTMENMitii1411WIVE DEER CONTROL PROGRAM Mayor Egan introduced this itets expan*n of the area involved in the Department of Natural Resources'1991-1993 Alternative Deer cOkkoi.Nt*..Jon Parker of the DNR said they would like to include an area of Ft. Snelling and land along the boi4etjii o4r Zp the deer from moving out of the hunt area He indicated the DNR had obtained written issifre.iiIJUseph Kennealy to include his property in the hunt and permission will be required of the City to use a small portion of City property. Mr.Parker went on to say that he had contacted John Yanta who recently obtained a special hunting permit from the City to bow hunt the Kennealy property and informed him that he will not be permitted to hunt the property on the'weekends designated for the DNR program. Mr.Parker.fepogrOlbat Mr.Yanta had no objections. Awada moved, Wachter seconded to iitigir the expansion of the DNR Alternate Deer Control Program boundaries and approve:ti:nse of City own4operty during the remainder of the 1991-1993 deer control program. Aye: 5 Nay: 0 ..:.:.:.: ••••••••••••••• • • Page 2/EAGAN CITY COUNCIL MINUTES September 17, 1992 • FINANCE DEPART. NT/POLICY FOR BIDS/QUOTATIONS Mayor Egan introduced this iti'amti::AB::t ?: ::: ity policy for obtaining quotations/bids. Councilmember McCrea suggested more•bir' iieiii ii'tsiiie:tiiat local businesses are made aware of bid opportunities. McCrea moved, Wachter seconded, a motion to approve the proposed City policy for obtaining quotations and bids. Aye: 5 Nay. 0 POLICE DEPARTMENT/ROBERT POLLOCK REQUEST Mayor Egan introduced this iteti:*a requtt:for the use of propane cannons for deer control. City Administrator Hedges explained the request:from Rplgrt Pollock who leases farm property between I-35E and Lexington Avenue,just north of Yankee Doodle Rand; Mr. Pollock was present and said he was planning to use the propane cannons at the suggestion.o 4 .pcpartmept of Natural Resources and the U.S.Department of Agriculture's Division of Animal Damage Vpnfig::$e .die property was in an isolated area with an apartment complex as his nearest residential aeiglilioi:''.. .•• ''•' A number of questions were asked including whether or not the deer become immune to the sound of the cannons. Jon Parker of the DNR said they do,so it is suggested that the devices be moved often to prolong their efficiency. Councilmember Wachter was concerned that the,.noise would be distressing to the neighbors, especially since the noise would continue 24 hours a day. Be:was of in favor. Mr.Pollock said he did not plan to use the cannons all the time He said he would: :them:onIy a month and would run them a few days,then • shut them off and move them. Councilmember McCrea said she•w :1+ ltipg..to approve the request provided that if complaints are received, the propane cannons will be shut down:'::Mr, o :agreed. McCrea moved, Awada seconded, a motion to approve'a request by Bob Pollock to utilize propane • cannons for the purposes of deer control on the Sell'farm located between I-35E, Yankee Doodle Road and Lexington Avenue. Aye: 3 Nay: 2(Pawlenty&Wachter) • FORNIMGENfali In reference to the Personnel Itei1S,•:C�titiSrea again encouraged the hiring of people of color. Mayor Egan noted that while Co mq 1niembei :Wachter's position of hiring the most qualified was well taken, he agreed with Councilmember McCrea sayiiig the City must make every effort to reach all'possible candidates and encourage their applicatii i:: A. Personnel Items ''}: .:... Item 1. Police Officers—It was recommended that the hiring of Robert Stephens, Jennifer Wills, Christopher Erickson, and Duane Pike as police officers be approved subject to successful completion of the City's physical,psychological and drug testing procedures. Item 2. Seasonal Park Maintenagt Wiiiiiiiii t; ;recommended that the hiring of Mark Ktsti and • Stanley Schneider as Seasonal Park Main iE.ttance Workers be.approved. Item 3. Touch Football League;)fficials--It was recd q i pended that the hiring of Jeff Freeman, Joey Schoolmeester,Tony Lancette,Daniel 0.•+: nz,Mark.Sa Bt : d Ken Freeman be ratified. • • • • Page 3/EAGAN CITY COUNCIL MINUTES September 17, 1992 B. plumbers Licensee It was recommended that the Plum b ra b ns:roi'*plumbing contractors listed in Exhibit A be - approved. C. Approval of Manager for On**Liquor License.Applebee's Restaurant It was recommended that Lisa Herb,ldt be approved as manager for the on-sale liquor license for Applebee's Restaurant. D. Contract 92-12. Receive Bidst..• . d Contract (Poppler Addition-Streets & Storm Sewer) It was recommended that the bids for Conti 92-12(Poppler Addition-Streets& Storm Sewer)be received and consideration of the contract:award conkigued to coincide with final plat approval or October 30, 1992,whichever is first. E. Project 642.Receive Feasibiliff Ri iibrt Or.ofet.1'ii fl Hearing(Crestridge Drive- Streets) It was recommended that the feasibility report be received for Project 642(Crestridge Drive-Streets) and a public hearing ordered to be held October 20, 1992. F. Contract 92-14.Approve Plans/Authorize Advertisicrient for Bids (Crestridge Drivel It was recommended that the plans.;and S 4tiiitOhs for Contract 92-14 (Crestridge Drive - Streets) be approved and the advertisement authOiiiiiffai a bid o<ning at 10:30 a.m. on Friday, October 16, 1992. G. Contract 91-11.Approve Change'Orderr: V.ej1#16) • • It was recommended that Change Order#1 to Contraei:91-11(Pump and Pumphouse#16)be approved • and the Mayor and City Clerk authorized to execute all related documents. H. project #589R. Receive Final Assessment Roll (Flrene Road & Trails End Road - Streets & Utilities) It was recommended that the final a csssne t roil;fkir; ?rtiject 589R(Elrene Road&Trails End Road- Streets& Utilities) be received and a pltb]ie'hearing cheduled for October 20, 1992. L Resolution and Ratification qfiStipulatioR.pf Settlement.Joel&Elaine Greer It was recommended that bit t 4%a1i5 . ''Council action be ratified and a resolution approved adopting the settlement agreement for Joel.4VPI4fiii.Greer relative to public improvement project #543R as presented. • J. Final Plat. Coventry Pass 4th Addition It was recommended that the final. t• Or' tr1Pass 4th Addition be approved. K. Resolution.Dakota County iilfill Abatement I itbding Application It was recommended that the Citr bf Eaganf Dakota;C' itnty landfill abatement funding application for 1993 be approved. . . Page 4/EAGAN CITY COUNCIL MINUTES e September 17, 1992 • L Adopt Resolution Setting Publigivq.riisg:clx..:RIOg S11.350.000 Multi-Family Housing Revenue Ponds- Cinnamon Ridge Project • It was recommended that a public be set for 7:00 p.m.on October 8, 1992,for the purpose of considering the proposed issuance of refuiiitag bonds for the Cinnamon Ridge Partnership. Wachter moved, McCrea seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay. 0 ::•:•:•:• :.:.:.:: :•:•:::: FINAL ASSESSME*: ...../HEARING/DELINQUENT UTILITY BILLS Mayor Egan introduced this item 4. e*baring for delinquent utility bills. Mayor Egan advised Stan Piekarski,who was in the ictQ had been noted. Pawlenty moved,McCrea seconded,a motion to close the public hearing,approve the final assessment roll and authorize its certification to the County for collection. Mr. Piekarski reiterated his objection to the Storm Prai*kge Utility Fee as well as a number of other issues related to his property. After discussion,it was...det0i*if that the Public Works Committee will meet with Mr.Piekarski to review his concerns • Larry Oldenburg,625 Diffley Riiii4,..re,sented a lester of objection to the Storm Drainage Utility Fee • and asked that because he maintains the arei'iii6i4:05?).fthe City's pressure reducing stations,that some type of"trade"be worked out. • Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/PROJECT 621 - Mayor Egan introduced this item as Pzo.jet4 621,Final As,sessment Hearing(Manor Lake 4th Addition- Streets & Utilities). Because neither RcOikimiddj.ego:,:::#44fpveloper, nor his attorney, Todd Rapp, were present, the public hearing was continuedit.60eiiid:Ailiitilieikarings. PROJECT 63914DRIN DRIVE ::•.•:•:• • Mayor Egan introduced this iteiii:*:t400:1:04400:Plive(Streets&Utilities). Director of Public Works Colbert said that a feasibility repoit Wrtii*PiOilittiiiiiiiiionse to a petition from Alscor Investors Joint Venture and Opus Corporation. After review of the report with the property owners,the project was scaled back • and has resulted in a revised feasibility report Mr.Colbert said the project as outlined in the revised report is acceptable to the property owners. • •••... ••••:140iiia:Associat Mark Hanson of Bonestroo,Rosent.::M es described the project Mark Anderson, real estate developer for Opus Corporatica.i*dltalph Dat A&H Cartage were present and indicated they ' had worked closely with staff and were infor of the proje4;;:; • Wachter moved, Pawlenty seconded, a motion to c1.4the public hearing and approve Project 639, Aldrin Drive-Streets& Utilities) • • • Page 5/EAGAN CITY COUNCIL MINUTES September 17, 1992 VACATE EASEMENTS/DEERWOOD SCHOOL ADDITION Mayor Egan introduced this item as'tlfe vactrii ril~Easeioriiits in the Deerwood School Addition. There was no one in the audience who wished tidii ddress this item. Pawlenty moved,Wachter seconded,a motion to close the public hearing and approve the vacation of drainage and utility easements as described for the Deerwood School Addition. Aye: 5 Nay: 0 VACATE EASEMENT /OUTLOT A COVENTRY PASS ADDITION Mayor Egan introduced this ite4;: s the vition of easements, Outlot A, Coventry Pass Addition. There was no one in the audience who%T Ss#ied to adi ss this item. McCrea moved, Awada second :ei3ttition:lei Cltiso�tltt public hearing and approve the vacation of drainage and utility easements as described for hif.li'A,•Coventry Pass Addition. Aye: 5 Nay: 0 VACATE EASEMENTS/WOODLANDS NORTH ADDITION Mayor Egan introduced this item as the vacatiQa..of:moments, Lot 8, Block 2, and Outlot D, of the Woodlands North Addition. There was no one in:0e a chenca who wished to address this item. • McCrea moved,Wachter secondeii'•a motion to*se the public hearing and approve the vacation of drainage and utility easements as described.overLot 8 Block'2,and Outlot D,of the Woodlands North Addition. Aye: 5 Nay 0 • • FINAL ASSESSMENT HEARING/PROJECT 621 Mayor Egan introduced this item as Project 621,Final Assessment Hearing(Manor Lake 4th Addition- Streets&Utilities). Robert Middlemist and his attorney,Todd Rapp,were still not present;however,the public hearing was begun. City Administrator Hedges pro4:44:414:4.4iiiisiiiiii of this item. Mr.Hedges reported that the errors in the assessment roll had been retitflwed but ni l'that one issue remained involving how the City arrived at the percentages used to estimate project costs. City Attorney Sheldon explained that standard percentages have been used by the City for many yea ; He sai4:while only certain items are billed,many additional costs are incurred. Therefore,he was of the o up ijhaf: #in:#ees1.:ate.justified- Mayor Egan added that Mr.Middlemist did not agree with the appraisal done at the time of the public hearing; however, he and his attorney have indicated they do not want another appraisal. Councilmember Wachter pointed out that since the principals for this project were not present, it was an indication they had accepted the assessment as originally presented. • Wachter moved,McCrea secondergii4iit;iiciiikidWAe public hearing and approve the modified final assessment roll for Project 621 (Manor I :4th Addition-$frets&Utilities)and authorized its certification to the County. Aye: 5 Nay 0 Page 6/EAGAN CITY COUNCIL MINUTES September 17, 1992 COMPREHENSIVE: lE: *N ENAMENT/REZONING PRELIMIN1t 'PI:A'1'jN iCrHA1VS'ADDITION Mayor Egan introduced this ifOii as a comprehensive guide plan amendment for Meghans Addition/Pulsar Inc., from NB (Neighborhood Business) to D-III (Mixed Residential), a rezoning of approximately 11 acres from NB(Neighborhood Business)to R-4(Multiple)and two preliminary plat proposals consisting of 11 lots and 88 units with two access variations,located along the south side of Diffley Road and the east side of Nicols Road in the NE 1/4 of Section 30. Director of Community Development Runkle indicated there were two issues involved:2 this application having to do with access and the condominium process. Mr.Runkle said that after staff re w,one access off Nicols Road seemed to make the most sense but where that access would be had not been 'otermineig::: Mark Parranto, representing Pulsar,:; .,;.adYisrd...the.council that Pulsar would not pursue the condominium process for this developme4.;:;H the ..ect:four different site plans,A-D,which addressed variations of the internal streets as well as the access fo Nicols Road. While Plan A placed the buildings farthest from the single-family residences,Plan D was recommended by the City's Engineering Division because it would provide the most flexibility in aligning the access to future development to the west. After further discussion,McCrea moved,Wachter seconded,a motion to approve a comprehensive guide plan amendment for Meghans Addition/Pulsar, Inc., fronN$:(Neighborhood Business) to D-f (Mixed Residential). Aye: 5 Nay. 0 • • McCrea moved, Egan seconded;; 'iii ion to apptiiive a rezoning of approximately 11 acres from NB (Neighborhood Business) to R-4(Multiple)•::::A :.:5...;Nay:'0 McCrea moved,Wachter seconded a motion to appiv a preliminary plat consisting of 11 lots and 88. . units located along the south side of Diffley Road and.the east'side of Nicols Road,aligned as proposed in site Plan D and subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990, shall be complied with: Al, Bl, B2,B3, B4, Cl, C2, C4,C4,.c.54111;:%0,.....*:;:iiiia H1 2. A copy of the homeowners'association covenants shall be submitted to the City Attorney prior to final plat and recorded with the plat at**a Coin: • 3. All landscaped and green arr®s:sliafl?:lam tiaet$good irrigation. 4. A variance to the private through street setback for Buildings 2, 6, 7, 8, 9, 10, and 11 shall be approved • . oPPreloal' ;, • . 6. The existing trees along the iasf and south properiylines shall be saved and protected to provide a buffer to the adjacent existing single-fapiily residential lots. 7. The storm water drainage friiiiiali0iiijiiii*.Ofiktit,ite shall be directed to the proposed pond. • • Page 7/EAGAN CITY COUNCIL MINUTES September 17, 1992 8. The proposed pond storage sliaU be large enough to allow a maximum discharge rate of 2 cfs. 9. The slope of the drainage swal'QS::l **-- jsit : ;at least 1.5-2.0%. Aye: S Nay: 0 ......... ............ ... Councilmember Wachter stated.that he preferred the original plan for this development and was disappointed that Dakota County had denied access onto Diffley Road. Mark Parranto said all staff issues had been resolved except the storm sewer trunk charges and asked Council at this time to consider that outsding issue. Mr. Parranto said they have been required to provide a water quality pond on the development s%t in additioik:to paying storm sewer trunk charges. He disagrees with these charges and believes the requirements;to be in iflict Director of Public Works.Colbert will address the water quality ponding requirement and the wage:trunk charges in a memorandum to the City Council and Mr.Parranto has agreed to abide by Council's:4 in. • MODIFICATI�1�!''Tfl pREu f1NARY PLAT SS MARTHA&MARY EPISCOPAL CHURCH Mayor Egan introduced this item as the modification of the preliminary plat, Episcopal Church Addition/Ss.Martha&Mary Episcopal Church,to exclude Lot 1,Block 1,Kirschner Plaza. City Administrator Hedges said that this request was addressed at the Septembe.4 gular City Council meeting;however,no one representing the church was available to answer • Reverend George Martin, repre iitiog'Ss. MartM:& Mary Episcopal Church, said it had been their . intention to exclude the lot from the Episcopal<bu rch Addition,however,it was not done with the preliminary plat. Reverend Martin advised they have no plaiistoptitct:the property until that time when additional church parking is needed. In the short term,they will use the Yi ;:gik. .ot 1,and in the long term, they will use the property for the church. Pawlenty moved,Awada seconded,a motion to approve a request from Ss.Martha&Mary Episcopal Church to exclude Lot 1,Block 1,Kirschner Plaza,from the preliminary plat. Aye: 5 Nay: 0 MiNgfiM: CITY CODE 44fisTDMitiffiii6APPED VEHICLE Mayor Egan introduced this ite : 's an ordinance amendment,to Eagan City Code Chapter 8,Traffic Regulations,Special Vehicle Use by Hai l.:.; : dmirnstrator Hedges advised that staff has requested a continuance to allow for further • McCrea moved,Wachter seconded,a motion to continue to the October 8,1992,regular City Council meeting an amendment to Eagan City Code Chapter 8 concerning traffic regulations to permit special vehicle use by persons with handicaps. Aye: S Nay: 0 LOT COVERA. QMtMNC tDQN CHRISTIANSON Mayor Egan introduced this itettras a variance for Di3m Christianson, of 13% to the 20% maximum building coverage,located at Lot 6,Block:;Buffer Hills Additioi. Mr.Christianson was present to answer any questions. Mayor Egan noted that the 9ta ishig fQr 04.1.. lance is that the duplex is intended for the elderly and the handicapped. • Page 8/EAGAN CITY COUNCIL MINUTES • September 17, 1992 McCrea moved,Awada seconded;: �siotion to approve a variance for Don Christianson for Lot 6,Block 1,Buffer Hills Addition of 1.3% to the maximum.20%building coverage requirement subject to all applicable Code requirements. Aye: 4 Nay: 0;'•. PUBLIC RIGHT WAY VARIANCE/RON VESCAVAGE Mayor Egan introduced this iteni as a variance for Ron Vescavage,of 15'to the 30' required setback from public right-of-way, located at Lot 8, Block 2, Ridgecliffe First Addition. Director of Community Development Runkle described the application and its location. Mr. Runkle said the applicant believes the variance is necessary due to existing conditions,including an in-ground pool,landscaping,and an underground sprinkler system,which make this location:the only place for the garage. Mayor Egan expressed reservatioii4;about serrate accesses from the existing garage onto Nokia Way and the proposed free-standing garage otto Bamblo:4ircle. Because there did not appear to be a hardship necessitating this variance, Council suggeste .:Mr..Vescavage.explore the possibility of adding to the existing garage. Wachter moved,Pawlenty seconded;'a'niofion'tti' atiniie'to the October 8,1992,regular City Council meeting a variance for Ron Vescavage located at Lot 8,Block 2,Ridgecliffe 1st Addition. Aye: 5 Nay: 0 CHRISTMAS TREE SALES PERMIT/BILL BRABEC Mayor Egan introduced this item as a special us;:.peOilt for Bill Brabec, for the temporary sale of Christmas trees on Lot 30, Block 2, Knob Hill.ppg*na Psirk. Mr. Brabec was present to answer any • questions. • • Pawlenty moved,Awada seconded,:a. iiion to approve a special use permit for Bill Brabec to allow the temporary sale of Christmas trees on Lot'30 g10:fib Hill Professional Park subject to the following • •conditions: • 1. Sales shall begin no sooner than November 21, 1992. 2. Sales shall cease December 22, 1992. 3. All applicable codes shall be adh ed:;to. Aye: 5 Nay: 0 CHRISTMAS ME SAl*.PERMIT/JAMES BARTIZAL Mayor Egan introduced this item.a* A8 pe i 1t'for James Bartizal,for the temporary sale of Christmas trees on Lot 3,Block 1,Thomas Lake Center: .. . McCrea moved,Pawlenty seconded,a motion to approve a special use permit for James Bartizal to allow the temporary sale of Christmas trees on Lot 3, Block 1, Thomas Lake Center subject to the following conditions: • 1. The permit is temporary and and:Aif expire after be*mber 25, 1992. 2. The permit shall be subject tell applicable Code quirements. Aye: 5 Nay 0 (Mr.Bartizal.0***O i ons after the approval of this item).• • Page 9/EAGAN CITY COUNCIL MINUTES September 17, 1992 REZONING/BURNSYI .!..OMBER/WHISPERING WOODS Mayor Egan introduced this item as' retiiigf Burnsville Lumber Company,Inc.,of approximately 1.4 AG (Agricultural) acres to R-1 (SingleiAiniily) located along the north side of Four Seasons Drive in the SW 1/4 of Section 3L Pawlenty moved,Awada seconded,a motion to approve a rezoning for Burnsville Lumber Company, Inc.,of approximately 1.4 AG (Agricultural) acres to R-1 (Single-Family)located along the north side of Four Seasons Drive in the southwest quarter of Section 31 as presented. Aye: 5 Nay: 0 • REZONING/PRELIMINA 'PLAT/W#IISPERING WOODS 9TH ADDITION Mayor Egan introduced this item.as.a•rezoning;for Whispering Woods 9th Addition/Hilla, Inc., of approximately 5.2 AG (Agricultural) acres: 4 (S :; ')::and a preliminary plat consisting of 11 lots located south of Slater Road in the SW 1/4 of Secti0ii'3L''CityAdministrator Hedges said this item had been before the Advisory Planning Commission at their August 25, 1992, meeting and they had recommended approval. Director of Community Development Runkle explained this as a continuance of the phasing of this development. Additionally, variances are being requestes44:740o the 50'setback along Slater Road for Lot 1, Block 1,Lot 1, Block 2, and Outlot A, and a I.V..frs't yattt'setback variance for Lots 1-7, Block 3, and Lot•2, Block 2. The variances are being requested:.i#tte::to the:*evere topography and in order to save trees. Mr. Runkle pointed out that other variances be'been grante4 4n Whispering Woods for those reasons. Mayor Egan noted the applicant's objection:1 ilie;W3ter quality fees. • Wachter moved, Awada seconded, a motion to appibve a rezoning of approximately 5.2 AG (Agricultural) acres to R-1 (Single Family) located south of Slater Road in the SW 1/4 of Section 31. Aye: 5 Nay: 0 Wachter moved,McCrea seconded,a motion to approve a preliminary plat consisting of 11 lots located south of Slater Road in the SW 1/4 of Section:: .ubject.to. .following conditions: 1. These standard conditions oft approi :aS adopted by Council action on July 10, 1990,shall be complied with Al.B1,B3,B4, C1, C2, C3, C5 # .sid•l >F•. • 2. A variance of 20'for Lot 1,Block 1;Lot 1,Block 2;* and Outlot A. 3. A variance of 10'for Lots 1-7,Block 3,and Lot 2,Block 2. 4. The street name- 125th Street-;r #f•.'#e;ittit aced through the Whispering Woods 9th Addition. 5. The grading of this developer shall not distuEb.a;$0'buffer zone along the edge of Pond E-24. 6. This development will be re'sp§nsible for removint::the eroded sediments from Pond E-24 in the backyard area of Lot 7,Block 3. • Page 10/EAGAN CITY COUNCIL MINUTES September 17, 1992 7. The driveway for Lot 1,Blocki.iiiAall be directed to the main east-west road along.the north side of Lot 1, Block 4. Aye: 5 Nay: 0 PRELIMINARY PLAT/CONDITIONAL USE PERMIT/OAK CLIFF 7TH ADDITION Mayor Egan introduced this item as a preliminary plat for the Oak Cliff 7th Addition/Brian S.Mangine, consisting of one lot on approximately two previously-zoned NB (Neighborhood Business) acres within the Winkler Jackson Planned Development, DM two conditional use permits to allow on-sale liquor,3.2 Beer and Wine,and a pylon sign located south of Clkil Road agwest of Slater Road in the NW 1/4 of Section 31. City Administrator Hedges said this item had jiii:en befoi0"ihe Advisory Planning Commission at their August 25, 1992, meeting and they had recommendpproval4oirector of Community Development Runkle described the application and its location. Ron Krank, KKE Architects,reiü npplirànt,Brian Mangine, described the proposal as a facility for meetings, weddings, etc., with an Italian deli and market. He went on to present a layout of the building and the property. Ms. Knutson, a Burnsville resident,said her property backs up to this parcel and voiced her concerns about the hours the facility would be open as well as c.onceips:0*t lights and noise. She asked whether there would be any fencing along the property line,particul4:*:iiiiiieiwest portion which affects her property. Ron . Krank explained that an extensive landscaping pa' presented at the Advisory Planning Commicsion . meeting. He added that no fencing was piis it was gOerally felt that with the difference in elevations and with the landscaping,the facility would be thom*y:sgemied from the surrounding properties. Councilmember McCrea said the proposal was not a very denieliSe:0011:ged to what could have been developed on this property. Brian Mangine addressed the late party concerns expressed by Ms. Knutson and said that wedding parties could last until midnight;however,they would have a guard on duty who would be on duty at the building and patrol the parking lot. He said they had tried to take precautions and had used the natural boundaries of the property in their plans for the building and landscaping. Mr. Mangine said they had embellished the southern boundary with shrubs and trees ans;14*.ilpted thilt:Ahersidential properties were at a lower elevation than the building. '' .:::::::::•••••••••••••••••. Vern Colon,Federal Land Company,added iliit they were very pleased with the proposal. He said that Mr.Mangine had met with representati3O.':ig Mary1.Mother of the Church,and addressed the concerns raised by them in the planning of the facility. Mayor Egan raised questions regarding the iiiiiiaards for exterior building materials. He used the example of Wal-Mart stores that have been built in the Twin Cities stating that differing architectural standards have been applied to them in suburban communities. Councilmember Pawlenty noted that the issue had come up time and again and agreed with Mayor Egan that the quality of exterior building materials should ........ be further reviewed. • -"• • • McCrea moved, Awada secondg;iii motion to a preliminary plat consisting of one lot on approximately two previously-zoned NBIfileighborhood Buiiiiiks) acres within the Winkler Jackson Planned Development located south of Cliff Roa4:40d west of Slater Too in the NW 1/4 of Section 312,subject to the following conditions: - • Page 11/EAGAN CITY COUNCIL MINUTES September 17, 1992 L These standard conditions of jijaeiapproval as adopted by Council action on July 10, 1990,shall be complied with: . . Al,Bl,Cl, C2,C4, C.5,El,Fl, 2. Trash/recycling enclosure skit*located within the building or attached to the building made of • same building material as principal structure with opaque gate doors and shall be large enough to handle recycling containers. 3. All landscape material shall meet City minimum standards. 4. A 3'to 4'berm shall be consii*ted along ilie south property line. 5. The HVAC unit shall not be iiaible off 1**:site. 6. A sanitary sewer manhole wiiii:$0.4444:4***wer service at the south edge of the City's public utility easement. 7. This development will be responsible for constructing the private east-west street from the SuperAmerica site to the west property line of Oak Cliff 7th and obtaining ingress and egress easements. 8. This development will be responsible for constypetj**e private north-south street from Cliff Road to the north property line of Oak Cliff 7th and ot4ai0ii;:*eki.and egress easements. 9. All sign code ordinances shali:&i::iiilied wit4;:and a one-time sign fee of$2.50 per sq.ft.shall be paid upon issuance of a sign permit. • • 10. Cross parking easements shall be requirect wcthbuaQt A,Oak Cliff 6th Addition. Aye: 5 Nay: 0 • McCrea moved,Awada seconded,a motion to approve a conditional use permit to allow on-sale liquor and 32 beer and wine located south of Cliff:./44*pd west.g:Slater Road in the NW 1/4 of Section 31,subject to the following conditions: 1. This conditional use permit iIIiiii be recd within 60 days of Council action with documentation to the City. 2. All City licensing Aye: 5 Nay: 0 The conditional use permit for the pegfi ':gii* ir...:.jr:en withdrawn; therefore, no action was taken on that application. • • • • • Page 12/EAGAN CITY COUNCIL MINUTES September 17, 1992 APPROVE PL ANS/At711 ORitE'Ai I11SEMENT FOR BIDS ALDRIN DRIVE Mayor Egan introduced this item as Contract 92-13, approve plans/authorize advertisement for bids (Aldrin Drive- Streets&Utilities). Wachter moved,Awada seconded, a motion to approve the plans for Contract 92-13 (Aldrin Drive- Streets&Utilities) and authorized the ad*ijisement for a bid opening to be held at 10:30 a.m.on October 16, 1992. Aye: 5 Nay: 0 MAINTENANCE FACH4TY.R PANSION-COLD STORAGE BUILDING Mayor Egan introduced this item as 'roject'637 'iective feasibility report/authorize preparation of • detailed plans (Central Maintenance Facility Expansion-Cold Storage Building). After discussion, Wachter moved, Pawlenty seconded, a motion to receive the feasibility report for Project 637(Maintenance Facility Expansion Cold Storage Building)and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 I.35W THIRD U;NE:PROJECT • Mayor Egan introduced this item as a resolution supOiiing the third lane project for I-35W. Egan moved, Wachter seconded, a motion to approve a resolution supporting the interim third lane project for Interstate 35W as requested by the City of Burnsville. Aye: 5 Nay: 0 Councilmember Pawlenty raised tiie topic of whether there was a need or desire to change the form of government in the City of Eagan from Atl lnistrator statutory Plan A to Manager/Statutory Plan B. He said the City essentially operates with a City Mager• o.* d•t action would only formalize that reality. He went on to say that it was important to deter ? er: tb interest in this action this evening as Dakota County would need to be notified by September 18 if the'Citywished the issue on the November ballot. He added that if,after investigation the City Council decided they did not wish to take this step,the initiative could be withdrawn. Councilmember Pawlenty described the: *:a modest step as most of the empowerments of the City Manager are routine with the exception i t1ie'a1iiiity:Q:. ire and fire employees. He noted that while this would take the politics out of personnel dieci#lons,it would be:unlikely that a City Manager would hire or fire persons without some input from the City'ouncil. There was general support from'di .rest.0 .> > ►ough it was suggested that the Council meet regarding the issue before the next regui airing • Page 13/EAGAN CITY COUNCIL MINUTES September 17, 1992 McCrea moved,Pawlenty second;:a motion to place the issue of the Manager/Statutory Plan B form of government on the ballot for the Gene 4 Electiom.oR.Ngycmber 3, 1992,with the suggestion that the City Council meet in special session to go throi } :3 C5 4i 41. action and codify the ballot decision at that time Aye: 5 Nay: 0 PROCLAMATION/CONSTITUTION WEEK Mayor Egan introduced this item as a proclamation for Constitution Week,September 17-23, 1992. McCrea moved,Pawlenty seconder a moti 1p to approve a proclamation designating September 17 as Citizenship Day and the week of Septemli :17-23;;1992, as Constitution Week. Aye: 5 Nay: 0 RE .c• • QR.A1 8 CQNI'ROL This item was handled as part of Departineiit'Iiead Business at the beginning of the meeting. FINAL PLAT/YMCA 1ST ADDITION This item was handled as part of the Consent Agenda at.the beginning of the meeting. RESOLUTION/D iii.'AMENDMENT • Mayor Egan introduced this item as'.a'resolution:•:if denial of a planned development amendment for • Lot 2,Block 2, Rahn Cliff 3rd Addition. • • • • • Awada moved,Wachter seconded,a motion to fatify:ttesolution of denial of a planned development amendment for Lot 2, Block 2,Rahn Cliff 3rd Addition. Aye:'3 Nay: 0 • CONTRACTUAL SNOW REMOVAL SERVICES Mayor Egan introduced this item as contractual snow removal services, receive bids/award contract. Director of Public Works Colbert presented::tl bids and•.said:•it::was staff's recommendation that the contract be awarded to Bituminous Roadways. E :t iotigLhe10* s:not the low bid,the type of equipment they use lessens the number hours necessary to cop tplete the*kin addition,their location at Wescott and Highway 149, provides for quick response. Councilmember McCrea asked 04 the conikrait is not bid by the project instead of by the hour. Street Superintendent Arnie Erhart said that blilt ig tba:$405 t:ihe.season would be very expensive. He explained that contractual services are closely motri€iaiicd t : .p*pji cts by the hour the industry norm. He stated that it is difficult to get anyone to bid as,depending upon the season,it is not always profitable. McCrea moved, Awada seconded, a motion to receive the quotations for contractual snow removal services and award the contract to the recommended bidder. Aye: 5 Nay. 0 DECLARATION OF J Ai L1/B #MK HILLS 2ND ADDITION' Mayor Egan introduced this iteia'as declaration of dtrfault/liquidation of financial security(Bur Oaks Hills 2nd Addition). Director of Publie:works Colbert said that financial security for the Bur Oaks Hills 2nd Addition had now been renewed;there f 4g!. .wopkd:: :i:equired. Page 14/EAGAN CITY COUNCIL MINUTES September 17, 1992 • CONTRACT 92-06/CEDAR INDUSTRIAL PARK-OVERLAY Mayor Egan introduced this item Change Order#1(Cedar Industrial park- Overlay). Wachter moved,Pawlenty seconcia a motion to approve Change Order#1 to Contract 92-06(Cedar Industrial Park-Structural Overlay) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 . , WggyON Hikij$EXTENSION Director of Community Develop*ii(:gigoiimgoo:.*:.:Council that Steve Ryan of Lyman Lumber had contacted the City(Exhibit B)regardiiii etecordmg period for the Weston Hills Addition final plat. Mr.Runkle said present approval would lapse September 21, 1992. Pawlenty moved,Wachter seconded,a motion to approve a 60 day extension to November 21,1992,for recording the final plat for the Weston Hills Addition. Aye: 5 Nay: 0 ....:.::: hipcgE000;:PARCELS Director of Community Developmeut:pukk.saittihat a number of calls had been received regarding the use and density of property located north Ofilii:iii*OgRAddition. At one time a proposed Light Industrial • (LI) use for an office/showroom had received approVirti.:0;city Council; however, the project was never initiated and the zoning never changed. The property is pris6iiiicr:comp guided as D-BI and is zoned R-3. In looking at the uses around this property, it would be the only residential parcel surrounded by Commercial/Industrial. Mr.Runkle said it is a resolution trust parcel right now, so it could be in the process rather quickly. It is staffs suggestion that the process be started to look at its potential for LI(Light Industrial) to fit in with the rest of the land uses around it. Information will be assembled and the public hearings set for • Council consideration. Mr.Runkle said there is another parcel,the*ViOiee between Highway 55 and Lone Oak Road,that was proposed for a change in the CompreheiisiVe Guide*fin approximately a year ago but was denied. Staff will not begin any action on this parcel but**ad Council o know a number of inquiries had also been received on this property. .:.:.:.:. •• •• Councilmember Awada asked if the inquiries Maid-a:ere was an increased interest in R-3 and R-4 properties in general? Director of Community Development Runkle said he was not certain whether it was an interest in R-3 and R-4 or more the price of the parcels. The City Council acknowledged diregii00040cursion with staff. • ••• • SPECIA CITY COUNCiiiiittEETING • McCrea moved,Wachter secon4Am909A49.§5.1010:0 special City Council meeting for September 29, 1992, at 500 p.m. Aye: 5 Nay 0 • Page 15/EAGAN CITY COUNCIL MINUtOx':*:*:*:*•****"..••'••• September 17, 1992 REQUE#OLAIR PROwpt.)NS City Administrator Hedges stated that M3yor Egin had received a letter from Blair Promotions regarding the 1993 Matt Blair Celebrity Classic softball tournament they would like to host in the City. Mr. Blair's letter raised a number of issues which were reviewed by the City Administrator and Director of Parks &Recreation Vraa and now should be considered by the Council. The main issue appears to be the weekend being requested is one traditionally reserved for another softball tournament at Northview fields. City Administrator Hedges said that,however, di4:0.4:::40;#.111#::.ciouldn't be utilized. The Council expressed concerns that too mil*:excepti* to City policies would set unnecessary precedents. In addition, questions were.asked as to..y.41ether B kji.Promotions would make money on the tournament and whether history of the event indicated 1.4*the mOtjt would be used to benefit the community. - The Council did not support the sale of beer jOgt.iiitripartkiiiii.iity when other organizations have not been permitted to do so. City Administrator Hee& äid the'ti*ilf's questions would be researched with final • consideration and ratification at the special City Council meeting on September 29. PERSONNEL COMMITTEE MEETING McCrea moved,Awada seconded,a.motion to hold a meeting of the Personnel Committee on October 15, 1992, at 100 p.ni at the Municipal Ceni.:0::::Aye: 5 Nay 0 Councilmember Pawlenty suggested expk#444erli**iy'of employing a company that will evaluate whether the City's organization is "right-sized' and it is operating in an efficient manner. After discussion, it was recommended that not ciio:the::general organizational structure be evaluated but also its functions, such as, parks, parks maintenance,'etc. Pawlenty moved,Awada seconded,a motion directing staff to develop preliminary information and cost figures for retaining an organization or service that will provide an evaluation of the City's staffing,structuring, and functional needs. Aye: 5 Nay: 0 Wachter moved,Egan seconded,a motion to approve the c..p.ttickhst dated August 31,1992,in the amount of$798,547.90 and the checklist dated September 15, gity2.,in the:.*ount of$955,37L61. Aye: 5 Nay: 0 ADJOURNMENT The City Council adjourned the regular meeting at 10:10 p.m. KF - CITY OF EAPAN •••••••E:*jr:iiiiiiiiiiiiiiiiiii . City Clerk 4'you need these minutes in an alternative foim such as large pint,braille audio tape,etc,please contact the aty of Ewes, 3830 Pilot Knob Road Eagan, MN 55122 (612)6814604 (TDD phone: (612)454-8535). r EXHIBIT A LIST OF PLUMBERS FOR APPROVAL SEPTEMBER 17, 1992 1. BURNSVILLE ELECTRIC 2. GROTH WATER & SEWER 3. LEVASSEUR PLUMBING 4. MARK'S PLUMBING 5. MID-CITY MECHANICAL 6. MINNESOTA PLUMBING & HEATING 7. PETERSON PLUMBING 8. SWANSON PLUMBING & HEATING, INC. 9. TWIN CITY LINDSAY, INC. 10. WIDMER, INC. • • • • • EXHIBIT B • Lyman Lumber Company • the professional builder's supply center 300 MORSE AVENUE • MAILING ADDRESS:P.O BOX 40 • EXCELSIOR,MINNESOTA 55331 • TELEPHONE(612)474-0844 FAX(612)470-3610 • THOMAS P.LOWS JAMES E.HURD President Executive Vice President September 17, 1992 Dale Runkle Director of Community Development City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Dale: Due to some survey irregularities, etc. , the plat of Weston Hills is still in the possession of the Dakota County Surveyor's office awaiting its final plat checking approval. Since it would appear impossible to obtain the plat checking approval, get mylars made, obtain signatures from the Denver fee owners and have the plat of record by September 21, 1992, we respectfully request a 60 day extension to filing deadline. Thank you for your cooperation in advance. er I • • P yan Assistant Vice President • STR/ja • • DATE August 28, 1992 CITY OF EAGAN I 3830 Pilot Knob Road Eagan, MN 55122 (612) 454-8100 • APPLICATION FOR ON SALE LIQUOR LICENSE EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this.application. If this is a first application attach a copy of the articles of incorporation and by-laws. Applicants Name(Business.Partnership.Corporation) Trade Name or DBA • Chili's of Minnesota, Inc. Chili's Southwest Grill & Bar Business Address Business Prone Applicants Horn Phone Northwest Corner Pilot Knob & Crestridge (To bye installed (214 ) 980-9917 Coy County State ' Zip Eagan Dakota MN Name of Restaurant Manager Manager OO8 Leense Qer,o To be identified later From: To: 12/31/92 If a corporation.give name.title,address and date of birth of each officer.lf a pannershp.give name,address and date or birth of each panne/. Partner.trficer Full Name and Title Address DOB Ronald Alexander McDougall, President 16309 Sunset Valley, Dallas, TX 08/12/42 Partner.ONicer Fug Name and Title Debra Lynn Smi thar t Address DOe I 'b muttive Vice President & Chief Financial 143 Winding Hollow, Coppell, TX 07/04/54 Panner./fficer Full Name and True Robert Linn Callaway Address DOe Vice President & Secretary 17373 Campbell Rd. , #19, Dallas, TX 06/14/56 Partner/Officer Fit Name and Title Address Doe I Russell Gene Owens, Vice President 2816 Rosedale, Dallas, TX 12/23/58 LICENSE TYPE: On-sale Restaurant On-sale Hotel On-sale Club 5,693 Amount floor area Amount floor areal Amount floor area/ . • dining room(s) 'dining room 217 Number seating Seating/dining room(s) Seating/dining room }1 a.m. - p'mHours food available . • Hours food available Hours food available i6 41 Number employees Number of guestrooms , 'LOCATION OF ESTABLISHMENT: Legal description Lot 2, Block 1, Duckwood Crossings,according to the recorded plat thereof, Dakota County, .MN Current zoning_ PD (Planned Development) X Structure is more than 300' away from elementary or secondary school or church • Yes No See .Exhibit A . . REQUIREMENTS . • $5000 surety bond Safeco Insurance Company of America Name of bonding company Certificate of Insurance and Liquor liability Lumberman's Mutual Casualty Insurance Company Insurance Company .