Loading...
08/04/1992 - City Council Regular r t . AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING AUGUST 4, 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) ` IV. 6:55 - CONSENT AGENDA (PINK) A. PERSONNEL ITEMS B. LICENSE, Pet Shop, Wal-Mart Q C. APPROVE Transfer of Ownership, Cable North Central 3 0 D . RECEIVE Plans and Specifications/Authorize Advertisement for Bids, Eagan City Hall ' Council Chambers Alterations ,34 E. RECEIVE Plans and Specifications/Authorize Advertisement for Bids, Eagan City Hall F Council Chambers Media Equipment and Installation P, F. 1992 Budget Adjustments C. APPROVE Official Sale Recommendations for Bond Sales H. FINAL PLAT, E-Z Stop of Eagan 7k. I RATIFICATION, James Bombardo, Conditional Use Permit Denial Resolution�J. DECLARE Surplus Property, Authorize Sale of Storage Shed at Recycling Site K. CONTRACT 92-09, Receive Bids/Award Contract (Great Oaks and Woodlands North `2nd Addition - Streets & Utilities) 4 ,0- . 0 ;4 '7 L. CONTRACT 92-10, Receive Bids/Award Contract (Weston Hills - Trunk Utilities)-- A --t �.` JJ M. PROJECT 621, Receive Final Assessment Roll/Order Public Hearing (Manor Lake 4th) ' r�,�1 N. CONTRACT 92-07, Change Order #1 (Sealcoating) . Y 0. STIPULATION of Settlement, Francis Franz Assessment Appeal f` V. 7:00 - PUBLIC HEARINGS (SALMON) Si A. PROJECT 619, Final Assessment Hearing, Saddlehorn Addition - Streetlights S B. PROJECT 635, Lakeview Trail Addition - Streets & Utilities VI. OLD BUSINESS (ORCHID) V ` "' p"' A. ISSUANCE of Hunting Permits in the City of Eagan 1 B. APPLICATIONS, Hunting Permits r ( C. LICENSE, On-Sale Beer for Piccolo' s/Wallace J. Boudreau, 4162 Pilot Knob Road VVIZ. NEW BUSINESS (TAN) Oc A. VARIANCE, Richard Skinn, of 20' to the Rear Yard Setback Requirement and a VARIANCE • of 50' to the Required 100' Setback from Property Zoned Agricultural; a VARIANCE of 7' to the Required 20' Side Yard Setback; and a VARIANCE to the Curb and Gutter and Paving Requirements for Lot 1, Block 2, Halley' s 1st Addition, Located in the SE 1/4 of Section 36 1 VI]:. NEW BUSINESS (Continued) (A. SPECIAL USE PERMIT, Steininger Construction, to Allow Continued Concrete Recycling Air a Light Industrial Zoning District on a Portion of Parcel 10-01300-012-26, Located in the NW 1/4 of Section 13 c. AC. GRADING/EXCAVATION PERMIT, West Publishing, for Approximately 12 Acres on Lot 1, West Publishing 2nd Addition, and Lot 1, Block 1, Lembke 1st Addition, Located Along the North Side of Wescott Road in the SE 1/4 of Section 13 fii Z`D. PRELIMINARY PLAT, Bur Oak Hills 3rd Addition/Shamrock Development, Consisting of Two Lots on Approximately 2.6 Previously Zoned R-1 (Single Family) Acres Located Along Rolling Hills Drive in the NE 1/4 of Sec 12 E. COMPREHENSIVE GUIDE PLAN AMENDMENT, Wilson Addition/Mary Ann Wilson, from D-III (6-12 J. 1 t Units Per Acre) to D-I (0-3 Units Per Acres) and a PRELIMINARY PLAT Consisting of Four Lots on Approximately 4.6 Previously-Zoned R-1 (Single Family) Acres Located Along , � the West Side of Blackhawk Road in the East 1/2 of Section 17 4F. CONDITIONAL USE PERMIT, Tom Thumb, to Allow outdoor Storage in a Commercial Zoning District on Lot 1, Block 1, Bicentennial 1st Addition Located Along the South Side of Yankee Doodle Road in the NE 1/4 of Section 16 (�(nO G. CONDITIONAL USE PERMIT, Tom Thumb, to Allow Outdoor Storage in a Commercial Zoning District on Lots 4 and 5, Block 1, Blackhawk Plaza Addition, Located Along the North Side of Diffley Road in the SE 1/4 of Section 20 VIII. ADDITIONAL ITEMS (GOLD) 2/ +1 I (A. CONTRACT 92-11, Approve Plans/Authorize Advertisement for Bids (Lakeview Trails - Streets & Utilities) IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (GREY) • X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT I • 1 MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 30, 1992 SUBJECT: AGENDA INFORMATION FOR THE AUGUST 4, 1992 CITY COUNCIL MEETING ADOPT*PLNIDANTIPY.4:AMT.I.R.T. After approval is given to the August 4, 1992 City Council agenda and the regular meeting minutes of the July 21, 1992 meeting, which will be distributed with the Additional Information packet on Monday, the following items are in order for consideration. There are no department head business items at this time. • • l • Agenda Information Memo August 4, 1992 City Council Meeting CONSENT AGENDA There are fifteen (15) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: Item 1. Clerical Technician III/Parks and Recreation Department--Approximately 200 applications were received for this position. After screening of the qualifications as listed on the application, approximately 60 candidates were invited to the Eagan Municipal Center for a written test. From the results of this written test, fourteen candidates were invited back for a typing test and an interview. The interview board consisted of Director of Parks and Recreation Vraa, Recreation Superintendent Peterson, Parks Secretary Mesko and • Assistant to the City Administrator Duffy. It is their unanimous recommendation that Deanna Jorgenson be hired as the Clerical Technician III in the Parks and Recreation Department contingent upon successful completion of the City's physical examination requirement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Deanna Jorgenson as Clerical Technician III for the Parks and Recreation Department, contingent upon successful completion of the City's physical examination requirement. Item 2. Americans With Disabilities Act/Transition Plan--Title II of the Americans With Disabilities Act (ADA) requires that public entities the size of the City of Eagan to prepare a "transition plan" which addresses the removal of any physical barriers to persons with disabilities participating in or having access to City programs. The ADA Committee of the City of Eagan has examined all City facilities in order to determine if there are any barriers which would limit program accessibility. A transition plan has been developed from their findings. A copy of the ADA transition plan will be included with the Administrative Agenda on Monday for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the ADA transition plan as presented. Item 3. OSHA Bloodborne Pathogens Rule/Exposure Control Plan--A new OSHA rule • requires that the City of Eagan develop an exposure control plan which identifies those tasks and procedures in which occupational exposure to bloodborne pathogens may occur and to Agenda Information Memo August 4, 1992 City Council Meeting • identify the positions whose duties include those tasks and procedures identified with occupational exposure. The City has formed a bloodborne pathogen committee in order to comply with the complete OSHA rule. Members of this committee represent management in the various departments and divisions of the City which contain employees who could conceivably be construed to have a chance to come into contact with bloodborne pathogens. This committee has developed the City's exposure plan. A copy of this plan will be included with the Administrative Agenda on Monday for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the exposure control plan for bloodborne pathogens. • • 3 Agenda Information Memo • August 4, 1992 City Council Meeting PET SHOP LICENSE B. License, Pet Shop, Wa1-Mart--City Code requires the licensin of all pet shops where pets will be sold within the City of Eagan. Enclosed on pages < through '6 is a copy of the pertinent ordinance section. At the July 21, 1992 City Council meeting, the Council considered a pet shop license for the Wal-Mart store at Town Centre. At that time, concerns were raised with respect to the health and welfare effects of the existence of multiple pet shop facilities within the community. In reviewing this issue, two items were noted by staff. First of all, the purpose of the pet shop license requirement is to identify and assure the health and welfare aspects of each licensee on a regular basis. in this regard, enclosed on page is a copy of the pet shop license application including the fact that all health and welfate issues have been identified by the City's Animal Control Officer and that the Wal-Mart location meets these requirements. Secondly, it has been pointed out that the only pet being sold by Wal-Mart is fish resulting in health and welfare needs being more easily met in this regard. Given these circumstances and the apparent diminished concern about health and welfare in this regard, the license is in order for consideration by the Council at this time. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve a pet shop license for Wal- Mart stores for the sale of fish as presented. • S 6. 42 E. The Council may revoke or refuse to renew any golf driving range license if it reasonably determines that the area is no longer suitable or safe for such a use . F. No sound system shall be installed without prior City approval. G. Hours of operation shall be limited to the hours between 7:00 A.M. and 11: 00 P.M. H. Adequate lighting must be provided and approved by the City prior to the issuance of a license. I. All license holders must comply with all performance standards, as amended from time to time by the Council, within forty-five (45) days of the effective date for the standards. Subd. 4. Zoning. No license shall be issued to a person for operation of a golf driving range in a zoning district other than Commercial or Industrial. Source: Ordinance No. 83, 2nd Series Effective Date : 6-16-89 • SEC. 6.43. PET SHOPS. Subd. 1. Definition. "Pet Shop" means every place kept or maintained for the purpose of selling live dogs, cats, monkeys, hamsters, parrots, fish or other small animals but shall not mean veterinary hospitals or kennels. Subd. 2. License Required. It is unlawful for any person to operate a pet shop without a license therefor from the City. Subd. 3. Diseased Animals. It is unlawful for any person to bring into the City or have in his possession for sale or otherwise any animals having an infectious disease. Subd. 4. Restrictions and Regulations. The following conditions shall be complied with by all pet shop licensees. Failure to abide by these conditions shall result in the denial, revocation or non-renewal of a pet shop license. A. The floor shall be constructed of a material that is non-absorbent and non-adsorbent. Floors • must be kept clean, sanitary and in good repair . B. Walls and ceilings shall be kept clean, sanitary and in good repair . 164411111 (6-15-90) S 6.43 C. All cages , pens , benches, boxes or receptacles in which animals are confined shall be of metal, glass, durable plastic or other similar durable material and must be kept clean, sanitary and in good repair and shall be sufficient in size for the humane confinement of the animals. illuminated at lea All eight hours npernday with as s shall be sufficient to permit routine cleaning and inspectionsinosity. E. All rooms shall be mechanically ventilated for air exchange. A negative pressure must be maintained to prevent odors and organisms from entering the adjacent businesses. Provisions shall be made for pre- heated replacement air. Ventilation must be sufficient to prevent temperatures that would endanger the health of the animals. F. All utensils used in the preparation of food and the feeding of the animals shall be kept clean, sanitary and in good repair and the use of utensils which are badly worn, rusted or corroded or in such condition that they cannot be rendered sanitary or clean is prohibited . G. All animals shall kept entirely an enclosed building and no animal kept outside at any time. H. All animals subject to distemper and infectious hepatitis must have been innoculated, prior to delivery to the pet shop, by a veterinarian licensed to practice in the State of Minnesota. Monkeys must have a yearly tuberculin test. I. The pet shop must include a separate room for the purpose of storing janitorial supplies and equipment. This room must contain a sink with hot and cold running water . J. All license holders must comply with all performance standards as amended from time to time by the Council within forty-five (45) days of the effective date for the standards. Subd. 5. Zoning. No license shall be issued to a person for operation of a pet shop in a zoning district other than Commercial. Source : Ordinance No. 97, 2nd Series Effective Date: 3-2-90 SEC. 6.44. TREE MAINTENANCE CONTRACTORS' LICENSING. Professional contractors hired to perform tree maintenance services within the City shall be required to obtain a license . This procedure shall comprise the following steps: 165 CQ (6-15-91) 1 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 PET SHOP LICENSING PET SHOP is for the purpose of selling live dogs, cats, monkeys, hamsters , parrots, fish or other small animals. Pet shops are permitted in commercial zones only. A LICENSE IS REQUIRED. LICENSING REGULATIONS: Lc Floor is constructed of non-absorbent/non-adsorbent material . X Floors are clean, sanitary and in good repair. } Walls and ceilings are clean, sanitary and in good repair. .4 Animal housing is of metal, glass, durable plastic or other durable material . IL Animal housing is clean, sanitary and in good repair. • Animal housing is sized sufficiently for humane confinement. Rooms containing animals are illuminated at least 8 hours a day with sufficient lighting to permit routine cleaning and inspections . Rooms mechanically ventilated for air exchange. Room temperatures do not endanger animals ' health. Odors and organisms do not enter adjacent businesses . Replacement air preheated so as not endanger health of animals . Utensils used in food preparation and feeding are clean, sanitary and in good repair. -4 All animals are kept within the enclosed building. All animals subject to distemper and infectitious hepatitis have proof of innoculation prior to delivery to pet shop by licensed Minnesota veternarian. Monkeys must have proof of annual tuberculin test. There is a separate room for storing janitorial supplies and equipment . Janitor 's room has sink with hot and cold running water. aL, tt oti 4J Inspected by: cO aA T.L Date: 7- A5-94.1. 6. 90 Agenda Information Memo August 4, 1992 City Council Meeting CABLE FRANCHISE TRANSFER C. Approve Transfer of Ownership, Cable TV North Central—At its workshop meeting of July 7, 1992, the City Council met with the representatives of the joint cable commission, the cable coordinator and cable legal counsel to review aspects of the proposed transfer of ownership of North Central Cable Communications Corporation, the City's cable television franchisee. Subsequent to that time and based on that discussion, the joint cable commission closed its public hearing on the transfer of ownership and recommended that the transfer be approved by the member cities noting no reasonable basis to deny the request of transfer. At its meeting of July 20, 1992, the Burnsville City Council approved the transfer and adopted a resolution in its regard. With respect to this item, enclosed on pages -! through/0 is a memorandum from the Cable Coordinator covering a legal opinion by the City's legal counsel which is likewise enclosed on pages // through r7( . Finally, enclosed on pages a_througho29 is a copy of the resolution relative to the transfer of ownership. The resolution is a duplicate of that approved by the city of Burnsville and is in order for consideration by the City Council at this time. Upon approval of the resolution, the appropriate blanks will be • completed and it will be placed on file for execution by the Mayor and City Clerk. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the transfer of ownership for Cable TV North Central as presented. • MEMO _city of eagan MEMO TO: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN FROM: CABLE COORDINATOR REARDON • DATE: JULY 29, 1992 SUBJECT: CITY COUNCIL CONSIDERATION OF RESOLUTION APPROVING TRANSFER OF OWNERSHIP OF NORTH CENTRAL CABLE COMMUNICATIONS CORPORATION BACKGROUND The Burnsville/Eagan Cable Commission and staff have conducted the required public hearings and have completed the necessary analysis of the technical, legal, financial and character qualifications of Meredith/New Heritage, the proposed purchaser of North • Central Cable Communications Corporation. As a result of the public hearings and the analysis the cable commission concluded, at its July 9 meeting, that there is no reasonable basis to deny the request for transfer of ownership. Based on the commission and staff's findings, the commission closed the public hearing and has recommended the member cities approve the attached resolution permitting the ownership transfer to occur. According to state statutes, upon the closure of the public hearing process the municipalities must act within 30 days to either approve or deny a transfer of ownership. Attached to this memorandum is a copy of the resolution as recommended for approval by the cable commission and staff. On July 20, the Burnsville City Council took official action by adopting the resolution as a part of its consent agenda. STAFF RECOMMENDATION Based on the cable commission's recommendation to approve the attached resolution, legal counsel Creighton's opinion that there is no reasonable basis to deny the transfer of ownership, and all staff and commission findings associated with the transfer, it is my • 9 • TRANSFER OF OWNERSHIP JULY 29, 1992 PAGE TWO recommendation the Council approve the attached resolution as a part of its consent agenda at its August 4 meeting. CLOSURE It is my intent to be in attendance at the August 4 City Council meeting to address any issues or items that pertain to this item. In the meantime, please do not hesitate to contact me. Cable Coor nator Attachment MR/jeh • I BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION 4/1 ATTORNEYS AT LAW SUITE 1200 THE COLONNADE 5500 WAYZATA BOULEVARD NEAL J.SHAPIRO 'ALSO ADMITTED IN WISCONSIN SAUL A.BERNICK MINNEAPOLIS, MINNESOTA 55416 ALSO ADMITTED IN NEBRASKA THOMAS BERN HTON IALSO.CERTIFIED PUBLIC ACCOUNTANT D. 1612) 546-1200 •REAL PROPERTY LAW SPECIALIST JERRY STRAUSS• AND CIVIL TRIAL SPECIALIST SCOTT A.LIFSON FACSIMILE (612) 546-1003 CERTIFIED FIED BY PAUL J.OUAST• MINNESOTA STATE BAR ASSOCIATION S.TODD RAPP•• THERESA M.KOWALSKI `� •� OF COUNSEL JAMES B.FLEMING• July 15, 1992 ARTHUR J.GLASSMAN PARALEGAL KATHRYN G.MASTERMAN Mr. Thomas Hedges, City Administrator CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: Please find enclosed my opinion to the Burnsville/Eagan Cable Commission regarding the proposed transfer of ownership. Also enclosed for the consideration by your City Council is a sample Resolution approving the transfer of control which has been recommended by the cable commission. The commission has conducted the required public hearings on your behalf, has conducted the necessary analysis of the technical, legal and financial qualifications of the applicant, and has reviewed the enclosed resolution with the recommendation that it be forwarded to your City for your approval. Please consider the enclosed Resolution at your earliest convenience. If your city should approve the resolution, please return a certified copy of the approved Resolution to my office. A complete copy of the various consultants ' reports are available for your review, as is a video tape of the oral reports of the consultants. These are available in the cable commission office. If you should have any questions, please contact Mr. Michael Reardon at the commission office (681-4608) . Feel free to put the enclosed Resolution in the form utilized by your City. No ordinance amendments are necessary at this time to accomplish your action on the enclosed Resolution. Please direct any questions as to resolution form to my attention. Thank you for your cooperation in this matter. S ' erely,. Thomas D. Creighton Legal Counsel to the Burnsville/ • Eagan Cable Commission cc: Mr. Michael Reardon, Administrator BERNICK AND LIFSON • A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 1200 THE COLONNADE 5500 WAYZATA BOULEVARD NEAL J.SHAPIRO MINNEAPOLIS, • MINNESOTA 55416 •ALSO ADMITTED IN WISCONSIN SAUL A.BERNICK 'ALSO ADMITTED IN NEBRASKA THOMAS D.CREIGHTON 'ALSO CERTITIFIFIED ED PUBLIC ACCOUNTANT JERRY STRAUS S• 16121 546-1200 •REAL PROPERTY LAW SPECIALIST SCOTT A.LIFSON FACSIMILE 16121 546-1003 AND CI VI ERTTIFIFI E E SPECIALIST PAUL J.OUAST• CED BY MINNESOTA STATE BAR ASSOCIATION S.TODD RAPP•• THERESA M.KOWALSKI OF COUNSEL JAMES B.FLEMING' ARTHUR J.GLASSMAN PARALEGAL KATHRYN G.MASTERMAN M E M O R A N D U M TO: Directors, Burnsville/Eagan Cable Communications Commission FROM: Thomas D. Creighton DATE: July 1992 RE: Request for Approval of Transfer of control of North Central Cable Communication Corporation S Please find below a summary and analysis of the proposed transaction regarding a request from North Central Cable Comm- unications Corporation (hereinafter "North Central") to the Burnsville/ Eagan Cable Communications Commission and its member Cities (hereinafter "Commission") to approve the transfer of control of North Central from the current shareholders to Meredith/New Heritage Strategic Partners, L.P. (hereinafter "Meredith") . Please note that the word "Commission" is used throughout this document to represent both the cable commission and the member cities. It is expressly understood that the Commission is serving only in an advisory capacity to the member cities, and that the member cities are the franchise holders and the final authorities in any determination regarding approval of the proposed transfer of control. North Central is the parent company of the current franchise holder, Group W of Burnsville/Eagan, doing business as Cable TV North Central. The purpose of this report is to provide the Commission with an understanding of the transaction and the standard for reviewing whether to approve it. • BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION I. INTRODUCTION • At the time of awarding the original franchise and in subsequent transfers of the cable communications franchise, the Commission considered and approved the technical ability, financial capability, legal qualifications and character of previous owners of the cable system, as well as other appropriate factors. The same qualifications are to be considered and reviewed as part of the transfer of control request as they relate to Meredith. The sources of information used in examining these factors include the Response to the Municipal Request for Information supplied to the Commission and its consultants and other supplemental written information provided by Meredith and North Central. II. STANDARD OF REVIEW The Commission's task in this process is to review the information provided regarding the transaction and to approve or deny the transfer of control of North Central. The cable communications franchises and State statute both expressly reserve the right of the City to approve or disapprove such a transfer of control. The standard of review is that the City's consent shall not be unreasonably withheld. For the purpose of determining whether the City will consent to the change in control of North Central, the Commission has made inquiry into the legal, technical and financial qualifications of Meredith, as well as other appropriate factors. In analyzing the transaction, the Commission must consider whether the transaction meets all of the criteria originally considered in granting the original franchise and subsequently approving the previous transfer of ownership of North Central. It should be noted, however, that this analysis is not a comparison between the current owners and the proposed new owners. Rather, this analysis is an application of factors to determine whether the proposed new owners of North Central satisfy the standards outlined above to the reasonable satisfaction of the Commission. The Commission should focus on the following factors in determining whether to approve or deny the transfer of control to Meredith. 2 • (3 BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION 1. Legal and character qualifications of all entities involved in the proposed transfer; 2 . Technical ability of Meredith; 3 . Technical performance of the existing system; 4 . Financial stability of the proposed transaction and the proposed owners: and 5. Other appropriate factors. III. ANALYSIS Each of the factors will be analyzed separately although they are not exclusive. For the purpose of the analysis of the transaction the Commission retained the services of outside consulting firms. The technical analysis was conducted on behalf of the Commission by Communications Support Corporation (hereinafter "CSC") , of Encino, California. The financial analysis was conducted on behalf of the Commission by Public Knowledge of Portland, Oregon. The legal analysis, general coordination of the consultants ' analyses, negotiations with the present and prospective owners, and drafting of required documents were conducted by Bernick and Lifson, legal counsel to the Commission. The technical report and its addendum and the financial report are attached hereto and made a part hereof. The entire process of analysis of the proposed transfer of control was coordinated by Michael Reardon, Cable coordinator for the Cities of Burnsville and Eagan. IV. LEGAL QUALIFICATIONS The legal qualifications standard relates primarily to an analysis of whether Meredith and those entities with an ownership interest in Meredith are duly organized and authorized to own the stock and assets of North Central. Certain entities, such as certain television broadcasting and certain telephone companies are prohibited by Federal law from owning, operating or controlling certain cable television systems. Although these restrictions are primarily a concern of the owners of North Central and its lenders, we have reviewed the Federal cross-ownership prohibitions and have determined them not to effect this transaction. 3 BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION . The transaction under consideration by the Commission was proposed in two steps. The first step has been referred to as the interim transaction and was accomplished on or before December 31, 1991 without objection from the Commission. However, the Commission reserved the right to analyze the interim step as part of the entire transaction, and, should the entire transaction not be approved, the interim transaction would be undone and considered null and void. At the beginning of the transaction, the outstanding capital stock of North Central was held by Hauser Cable of Minnesota, Inc. , (49. 5%) , Hauser Cable Communications, Inc. , ( . 5%) , and Continental Cable of Minnesota, Inc. , (50%) . The interim step resulted in Continental transferring a 33 1/3% interest in North Central to a holding company. The holding company had no purpose other than its holding the one third interest in North Central, and it had no assets, other than its ownership in North Central. The holding company created two classes of stock, voting and non-voting. Only the non-voting stock . was transferred to Meredith. Continental retained the voting stock and a 19 1/2% interest in the stock of North Central. Asa result of the retention by Continental of the voting stock, no change in the management or control of North Central occurred as of the Interim step. The final step in the transaction contemplates the sale to Meredith of the stock currently held by the Hauser corporations (50% of North Central 's stock) . Meredith has already acquired an indirect 33 1/3% financial interest in North Central 's stock, and at closing will acquire the remaining voting stock of the holding company currently retained by Continental. This will give Meredith 83 1/3% of North Central 's stock. Continental will contribute to Meredith its remaining 16 2/3% of North Central 's stock so that Meredith will own 100% of the stock of North Central. Subsequent to closing, Meredith will be owned by Meredith/New Heritage Partnership (62. 1%) and Continental Cablevision of Minnesota, Inc. (37.9%) . Continental Cablevision of Minnesota, Inc. , is wholly owned by Continental Cablevision, Inc. Meredith/New Heritage Partnership is owned by Meredith Cable, Inc. (88%) and New Heritage Associates (12%) . The prospective owners have represented that Meredith is • licensed to do business in Minnesota. 4 BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION The character qualifications of Meredith, as well as its owners are satisfactory. Meredith has provided information showing that neither it nor any principal or parent has ever been convicted in a criminal proceeding of any crimes against character. Meredith has provided the Commission with the following corporate and partnership documents: North Central Cable Communications Corporation Stock Purchase Agreement North Central Cable Communications Corporation Interim Stock Purchase Agreement Meredith/New Heritage Strategic Partners L.P. Restated Agreement of Limited Partnership Meredith/New Heritage Partnership Agreement New Heritage Associates Partnership Agreement Meredith Corporation 1991 Annual Report Secretary's Certificates of Ingersoll Group, Inc. , Meredith Corporation and Meredith Cable, Inc. certifying their respective Articles of Incorporation and Bylaws Based upon review of the information provided, it would appear that the Commission could not withhold approval of the transfer based upon the legal or character qualifications of Meredith, its principals, or the entities which retain ownership interest in Meredith. V. TECHNICAL ABILITY The technical ability factor relates to the technical expertise and experience of Meredith in operating and maintaining a cable system. This analysis focuses on the current and former experience of the proposed Transferee. Since Meredith is a newly created entity, it is necessary to review the cable management performance and experience of the individuals who will manage Meredith. The Commission has been provided with information regarding the experience of the principles of the proposed new owners. The entire management team were previously involved in the 5 .(() BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION • management of Heritage Communications of Des Moines, Iowa. Heritage was a highly regarded multiple system operator. Developed primarily through acquisitions of existing cable systems, Heritage developed a reputation in the industry for quality technical performance and high levels of customer service and satisfaction. Although such experience does not necessarily translate into any guarantee of performance by the new owners, the representations of the principles of the proposed new owners before the various city councils and cable commissions, and the written documentation provided by the proposed new owners indicate a probability that the cities can expect a quality cable operation with experienced individuals making the ultimate management decisions. Further, the present local management has been retained for the time being, and for the most part the cities have experienced quality local management and technical supervision of the existing cable systems over the past years of Hauser ownership. The prospective owners have represented that the quality of past management operations will be maintained. As stated earlier, the technical analysis of the system was conducted by CSC. The Commission determined early on that it would be necessary not only to review the technical ability of the proposed owners, but that an analysis of the technical performance of the existing system to determine Franchise compliance would be necessary prior to any recommendation regarding the proposed transfer. The age of the system,_ alone, warranted such an analysis of the existing system. CSC conducted an extensive analysis of the cable system. A review was made of the technical operating conditions of the system at the company's headends and microwave and fiber optic hubsites, thirty (30) subscriber network test points, fourteen (14) institutional network test points, and multiple points located throughout the communities for evaluating the physical condition of the company's plant. The actual physical technical analysis was supplemented by numerous personal contacts from CSC to the company and the Commission. An initial report was issued by CSC and Jonathan Kramer, principal of CSC, participated in an oral presentation of the technical analysis. The oral presentation was open to all policy makers and the general public and was taped for future review. The initial report of CSC is attached hereto as Exhibit B and made a part hereof. The company responded in writing regarding 6 111 (1( BERNICK AND LIFSON 111 A PROFESSIONAL ASSOCIATION various physical discrepancies which could be immediately resolved. Additionally, CSC supplemented its initial report with an addendum which is attached hereto as Exhibit C and made a part hereof. CSC determined that the electrical performance of the system should be graded "B", "Above average achievement; Exceeds most cable operators. " The consultant later acknowledged that the "B" grade was one of the highest he had given a cable system of the age of this system. Given the age of the plant and the extreme temperature swings the plant is subjected to, CSC graded the physical plant of the system also a "B. " A majority of the technical report went on to identify specific concerns or issues with which the City would have to deal. Attention is directed to the actual report appended hereto for further reference regarding specifics, but suffice it to say for the purpose of this report, that each technical discrepancy has been reviewed by staff and the Commission. Each discrepancy has been either resolved, recommended to be waived, or negotiated as part of the approval process. Based upon a review of the information provided by the proposed owners, the technical analysis, North Central 's written response to the technical analysis, and the above discussion, it would appear that the Commission could not reasonably withhold approval of the transfer based upon the technical ability of Meredith, its principles, and the remaining management team of Cable TV North Central. VI. FINANCIAL STABILITY The financial stability factor relates to whether Meredith has the financial resources available or committed to not only acquire the system, but also whether its financial plan as presented is reasonable and economically viable. The Commission has engaged Jay Smith of Public Knowledge to conduct the financial analysis of the transaction. That report is attached hereto as Exhibit C and made a part hereof. Reference should be made directly to the report for a complete understanding of the financial analysis. Mr. Smith also appeared at a public hearing to orally present his report. That presentation was also taped for future review. 111 7 BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION • The objectives of the financial analysis as explained in the attached report were to assess: The financial strength of the proposed buyer The reasonableness of the proposed financing arrangement The reasonableness of financial projections for the system The ability of the buyer to meet debt obligations Other financial issues that may arise in the course of the analysis Public Knowledge arrived at the following conclusions regarding the financial analysis: The proposed purchase price of about $2, 136 per subscriber is consistent with the market range in the past few years. The initial debt-to-equity ratio of 1. 12 under the proposed ownership is less leveraged than the industry average of 3.0. Because Meredith/New Heritage Strategic Partners L.P. (the buyer) is recently formed, audited financial statements are not available for the partnership, and therefore its historical financial condition cannot be assessed. The North Central system currently performs slightly below norms for certain selected financial indicators, and slightly better for others. The buyer's financial projections for the North Central system appear optimistic, but achievable. Sensitivity analysis of the buyer's projections suggests that the buyer can service the acquisition debt even if certain conditions materialize somewhat less favorably than assumed. However, there are unlikely to be sufficient funds for any significant plant rebuild or upgrade before the year 2000 unless there is a significant amount of additional borrowing or an equity infusion; debt service and normal capital expenditures will consume most of the operating cash flow. ** 8 BERNICK AND LIFSON • A PROFESSIONAL ASSOCIATION Although the rate-setting, marketing, and service approaches could be different under the proposed new management, the proposed financial transaction itself should not directly have a significant impact on these factors. **Later consultation with Mr. Smith and presentations at public hearings by Meredith indicated that the company would have available the option to infuse more capital or increase debt to make the capital improvements required by the various systems. Meredith stated in the public hearings that it would comply with all required technical upgrades of the system, and that its principals had a reputation in the industry for quality technical operations and experimentations into new technologies, when such advances warranted implementation. Based upon the information provided by the prospective owners, the analysis of Public Knowledge, and the above discussion, it would appear that the Commission could not reasonably withhold approval of the proposed transaction as a result of the financial factor of the analysis. VII. OTHER CONSIpERATIONS In the process of the analysis of the proposed transaction, numerous issues arose regarding system performance and Franchise requirements. Attached hereto as Exhibit A and made a part hereof is the recommended Resolution for Approving of the Transfer of Ownership of North Central Communications Corporation. In this Resolution is found the recommended resolution of issues identified at this time. Any approval of the proposed transaction should be contingent upon North Central 's compliance with the terms and conditions of this Resolution, should it be adopted by the City. Reference should be made to this Resolution and the proposed conditions on approval prior to any consideration regarding final approval of this proposed transaction. Although not attached to this document, the record of the proposed transaction includes the company's response to the Municipal Request for Information Regarding Request for Approval of Transfer of Ownership, supplemental written responses to subsequent questions of Commission and its consultants, and any additional written responses of the current and prospective owners of the cable system. The owners of the system will be considered to be bound by all such representations as well as continuing to be bound 9 BERNICK AND LIFSON A PROFESSIONAL ASSOCIATION • by the underlying Franchise of the City. All public hearings and legal notice requirements required by the Franchise and State statute have been complied with by Commission. VIII. CONCLUSION Based upon the entire record of this analysis it is our conclusion that there does not appear to be a reasonable basis for the City to deny the proposed transfer of control of North Central, provided all conditions of Exhibit A, attached hereto, are complied with by North Central. a 10 • STATE OF MINNESOTA COUNTY OF CITY OF RESOLUTION NO. APPROVING THE TRANSFER OF OWNERSHIP OF NORTH CENTRAL CABLE COMMUNICATIONS CORPORATION WHEREAS, Hauser Cable of Minnesota, Inc. , a Delaware corpora- tion, Hauser Cable Communications, Inc. , a Delaware corporation, and Continental Cablevision of Minnesota, Inc. , a Minnesota corporation (hereinafter "Transferors") , originally owned One Hundred percent (100%) of the outstanding stock of North Central Cable Communications Corporation (hereinafter "North Central") ; and WHEREAS, North Central, by and through Group W Cable of Burnsville/Eagan, Inc. , a wholly owned subsidiary, owns, operates and maintains a cable television system in the City pursuant to the terms and conditions of City Ordinance No. , as amended, (hereinafter "Franchise") ; and WHEREAS, through an interim transaction completed on or before December 31, 1991, Transferors ' interest in the outstanding stock of North Central was modified so that the stock of Continental . Cablevision of Minnesota, Inc. (hereinafter "Continental") , previously 50%, was transferred to result in Continental 's ownership of 19 1/2% of the stock with 30 1/2% of the stock owned by NCC Holding Co. , Inc. , a Massachusetts Corporation (hereinafter "Holdco") , an entity in which Continental retained all voting stock and transferred non-voting stock in the holding company to Meredith/New Heritage Strategic Partners, L.P. (hereinafter "Transferee") ; and WHEREAS, Transferors desire to sell and otherwise transfer all of their shares of the capital stock of North Central, together with all of the voting stock of Holdco, to Transferee, in whom Meredith/New Heritage Partnership will initially hold, as general partner, a 72 .73% interest and Continental, a Limited Partner, will initially acquire a 27. 27% interest; and WHEREAS, the City has been informed that the ownership interests in Transferee, after taking into account all notes delivered as capital contributions to Transferee, will be 62. 1% for Meredith/New Heritage Partnership, general partner and 37.9% for Continental Cablevision of Minnesota, Inc. , Limited Partner; and • • 411 WHEREAS, the Transfer Application discloses that Meredith/New • Heritage Partnership, which is the general partner of Transferee and holds a 62 . 1% ownership interest in Transferee, may in certain circumstances be required or have the right to purchase the limited partnership interest of Continental Cablevision of Minnesota, Inc. subject to the requirements of local, state and federal law; and WHEREAS, Meredith Cable, Inc. ("Meredith Cable") , a wholly- owned subsidiary of Meredith Corporation ("Meredith") , currently holds a 54 . 6% ownership interest in Transferee through its 88% ownership of the General Partner of Transferee and has the right to acquire total ownership and management control of both the General Partner and Transferee, subject to the requirements of local, state and federal law; and WHEREAS, the interim transaction has taken place; and WHEREAS, the Transferors have requested the consent from the City to a change in ownership and control of North Central to Transferee; and WHEREAS, City has waived any right of first refusal to purchase the stock acquired by Transferee as such right of first refusal applies to the pending sale and transfer; and WHEREAS, the Burnsville/Eagan Cable Communications Commission (hereinafter "Commission") has been delegated the authority and responsibility to coordinate, administer and enforce the Cable Communications Franchise Ordinance on behalf of the City pursuant to the terms of a Joint and Cooperative Agreement for the Adminis- tration of a Cable Television Franchise; and WHEREAS, the Commission has held public hearings on behalf of City and has reviewed the legal, technical, character and financial qualifications of Transferee and its general partner Meredith/New Heritage Partnership and finds no reasonable basis to deny the request for transfer as a result of said review, except for those conditions listed below; and WHEREAS, the Commission has recommended to City approval of the transfer of control of North Central to Transferee subject to the actual closing of the stock sale and subject to the conditions listed below; and WHEREAS, the Commission has also recommended approval of a request by Transferee to permit the pledge as security to its lenders of the stock and assets of North Central and its subsidiaries, which would include Group W Cable of Burnsville/Eagan, Inc. ; and 2 WHEREAS, the City does not object to such security interest in the stock and assets. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of that: 1. The City hereby approves the sale and transfer by Transferors of all of their shares of the capital stock of North Central, together with all of the voting stock of Holdco, subject to an actual closing of the stock sale transaction on or before December 31, 1992, pursuant to the terms and conditions as evidenced by the Notice of Transfer to said Commission and City and all written representations from Transferors, Transferee, Meredith/New Heritage Partnership, its subsidiaries, employees, agents, partners, parent corporations and North Central, and further subject to the terms and conditions of this Resolution. 2 . The City approves the pledge by Transferee, Meredith/New Heritage Partnership, and North Central as security to their lenders the stock and assets of North Central and its subsidiaries subject to the terms and conditions of this Resolution. 3 . This Resolution constitutes all action and approvals of the City necessary under the City's Franchise for the sale and transfer of control to Transferee. 4 . The City's approval of the above named transfer of ownership of North Central is further conditioned upon the following: a. North Central shall have corrected all technical discrepancies in the cable system of City as delineated in the report of Communications Support Corporation (hereinafter "CSC") No. 92010. 001, and its addendum No. 92010.A01, and as represented as corrected pursuant to the letter from Mr. Kevin Griffin to Mr. Michael Reardon dated June 17, 1992, unless otherwise qualified, below. b. North Central and the Commission shall have agreed to waive any and all alleged or existing claims for overpayment of franchise fees attributable to sales tax and/or underpayment of franchise fees as delin- eated in the Commission's audit of the gross reve- nues of North Central. North Central shall have agreed and City hereby agrees to negotiate mutually acceptable language to amend the Franchise definition of "Gross Revenues" to more adequately 3 reflect the current practices of North Central in • the calculation and payment of Franchise Fees. c. The City hereby waives the Franchise requirement that the emergency override system also override audio on the FM service provided to subscribers. d. The City hereby waives any Franchise requirement that short wave signals be carried on the FM band. e. The City hereby agrees to hold in abeyance the issue of the provision of status monitoring equipment by North Central, and agrees not to enforce the Franchise requirement for the remaining term of the Franchise, with the understanding that such equipment/capability will be a subject for negotiation upon any request for renewal of the Franchise. f. North Central shall have agreed to amend the existing Franchise to conform to this resolution and the terms of this sale and transfer of control. g. To the extent required as a result of the sale of stock and transfer of control, the replacement of any and all letters of credit, bonds, insurance certificates, or other forms of security provided to the City pursuant to the terms of the Franchise. h. North Central shall have agreed to conduct "proof of performance tests" as required by the FCC, with 50% of the test sites selected by Commission on the scheduled day of the tests, and any sweeping and balancing of the system required as a result of the end-of-line performance tests. In addition, North Central shall have agreed to conduct an annual sweep and balance of the trunk cable system, and a bi-annual (every other year) sweep and balance of the distribution system. North Central shall have agreed to provide standby power supplies housing the required batteries for back-up power on the "backbone" trunk lines which currently contains sixty four (64) power supplies. North Central shall have agreed to maintain and replace batteries according to manufacturer's specifications or requirements. j . North Central shall have agreed that any area served by the Burnsville/Eagan cable system that fails to have cable service provided to its customers for over one hour in any twelve (12) 4 month period, due to a failure of power which would have been prevented by the provision of standby power in the effected power supply, then North Central must install standby power capability, with batteries, to the effected power supply within thirty (30) days of the above mentioned one hour failure. k. North Central shall have agreed to maintain and continue to provide access facilities and equipment required in the Franchise. North Central shall have agreed that North Central in Years 10 through 14 of the Franchise shall replace access equipment subject to the terms and conditions set forth herein. North Central shall have agreed to spend Eighty-eight Thousand, Six Hundred Dollars and no/100 ($88, 600. 00) (hereinafter "Annual Amount") to replace existing access equipment in each of the next five (5) years of the Franchise term beginning with Year 10 commencing on July 8, 1992 . North Central shall have agreed provide to Commission a list of equipment to be replaced in any year with a list of proposed equipment to be acquired which may include proposed new technology or equipment different than the existing equipment if the proposed different equipment performs equal to or better than the existing equipment. North Central shall have agreed to allow Commission the opportunity to jointly review and amend as necessary this list of proposed equipment to best meet the needs of access users. North Central shall have agreed that to the extent North Central does not spend the Annual Amount in any year, any unspent amount will be added to the Annual Amount to be expended in the next year. North Central shall have agreed that to the extent North Central spends more than the Annual Amount in any given year, the Annual Amount to be expended in Year 14 shall be reduced by any such excess expenditures. North Central shall have agreed that the Commission shall have the right to review and approve the list of proposed equipment submitted by North Central each year, and such approval shall not be unreasonably withheld. North Central shall have agreed to continue its Franchise obligation to repair and maintain equipment, which expenses shall not be credited against the "Annual Amount" . If any equipment which has not yet been replaced once can no longer be repaired and needs to be replaced, the Annual Amount will be credited once for the replacement of that equipment, but any subsequent need to replace said piece of equipment will not be r5 02-(Q credited against the Annual Amount, the intent • being that the Annual Amount is to be spent once to replace each original piece of equipment and all future needs for replacement shall be in addition to the Annual Amount obligation. 1. North Central shall have agreed to reimburse Commission and its Member Cities for all expenses incurred in relation to the interim transaction and final Transfer of Ownership, including an agreement to reimburse Cities and Commission for any expenses associated with subsequent ordinance amendments required by the Transfer of Ownership but not incurred until after closing. m. North Central shall reimburse Commission and its member cities an amount of $36, 397 .85 for litigation expenses. n. North Central shall have agreed to provide the subscriber network at the cost of North Central to those institutions listed in the July 1, 1992, memo to Mr. Kevin Griffin from Mr. Tom Creighton, attached hereto and made a part hereof. Should these buildings require return capability, North Central shall have agreed to provide at no cost a "T" channel on the subscriber network for such return. All costs necessary to fully activate and maintain this return capability, excluding modulators, will be the expense of North Central . All future extensions to institutions will be provided pursuant to existing Franchise requirements. o. North Central shall have agreed to provide to the member cities of Commission up to $10, 500. 00 (or the equivalent in equipment in the sole option of each city) , divided between the two cities as they see fit, for the accomplishment of automated playback capability from the city hall at such time as the city determines to install such capability. p. Failure to comply with above conditions "b. , f. ., g. , .h. , i. , j . , k. , 1. , m. , n. , and o. , " shall render City's Resolution of Approval null and void. q. Failure to comply with condition "a. , " above, or any agreements required by this Resolution shall result in penalties and/or sanctions provided for . in the Franchise. 6 411 .Q71 The above resolution was moved by Council Member and duly seconded by Council Member The following Council Members voted in the affirmative: The following Council Members voted in the negative: Passed and adopted this day of , 1992 . ATTEST: Mayor City Administrator 7 The undersigned, the of the City of , Minnesota does hereby certify that attached hereto is a true and correct copy of Resolution No. , which Resolution was duly adopted by the City Council on the day of , 1992 and is in full force and effect on the date hereof. Name Title: I 8 c)-°\ Agenda Information Memo i August 4, 1992 City Council Meeting ADVERTISEMENT OF BIDS/COUNCIL CHAMBER ALTERATIONS D. Receive Plans and Specifications/Authorize Advertisement for Bids, Eagan City Hall Council Chambers Alterations--Enclosed on pages 3( through 3--)is a memorandum from the Cable Coordinator relative to the alterations required of the Council Chambers to install audio visual equipment pursuant to the improvement program previously approved by the City Council in this regard. Detail plans and specifications have been prepared and reviewed by staff in this regard and the matter is in order for consideration by the City Council at this time. It should be noted that the funding allocation for this improvement is covered by the City's retained cable franchise fees. ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans and specifications and authorize advertisement for bids for the Eagan City Hall Council Chamber alterations as presented. • 14i, MEMO _city of eagan MEMO TO: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN FROM: CABLE COORDINATOR REARDON DATE: JULY 30, 1992 SUBJECT: CITY COUNCIL CONSIDERATION TO RECEIVE PLANS AND SPECIFICATIONS/AUTHORIZE ADVERTISEMENT FOR BIDS, EAGAN CITY HALL COUNCIL CHAMBERS ALTERATIONS AND MEDIA EQUIPMENT AND INSTALLATION-CONSENT AGENDA ITEMS BACKGROUND On July 29, Assistant Building Official Hanson and I received for review from Electronic Interiors, Inc., a "95% Design and Construction Document Set" 'for the City's Council Chamber media systems renovation project. Included in the documents were the general • construction drawings, the technical media systems specifications text and the technical media systems drawings. Staff has reviewed the submitted document sets and have discussed them with Electronic Interiors, including minor changes to the documents. Staff is satisfied with the construction plans, drawings and specifications provided by Electronic Interiors. A copy of the specs and drawings are available for review in my office. DISCUSSION The bids for both the Council Chamber alterations and the media equipment installation are due on August 24. It is staff's goal for Council to consider the recommended bids at its September 1 meeting. If this time schedule is accomplished it is hoped that all construction in the Council Chambers will be completed by October 30. Two items not included with the list of equipment to be bid are the automated playback equipment and a character generator. Staff has requested Electronic Interiors include both of these items as separate alternate bid packages. Staff's rational for this is as follows: • ■ JON HOHENSTEIN • JULY 20, 1992 PAGE 2 Automated Playback Equipment This item was not originally included in Electronic Interior's proposal nor was considered by staff, due to the extra cost that would be incurred for installing such equipment. However, as a part of the ownership transfer resolution, staff was able to negotiate funding of $10,500 to be split between the member cities for the provision of automated playback equipment systems in both cities' control rooms. It would be in the City's best interest to include the automated playback equipment as a part of the equipment bid package as it would not only reduce the cost of it, as opposed to bidding it separately at a later date, but it would also allow for a more integrated infusion of it into the system. The inclusion of the automated playback equipment as an alternate bid would allow for an easier demonstration to the cable company as to the exact costs associated with the provision of it. Character Graphics Generator In Electronic Interior's original "three levels" report, the firm included the provision of a graphics generator in level 3. Upon further review by staff, it is now recommended that a graphics generator be included as an alternate bid with the bid package. The graphics generator would allow greater flexibility for the provision of text and insertion of information over actual live video footage. The computer that is included with the current bid package would be used more as a presentation medium while the graphics generator would be an information medium for those watching television at home. For example, a graphic indicating who is speaking inserted directly under footage of that person can only be accomplished by using a graphics generator. This has been very useful for the viewing public in Burnsville to know who the presenters, council members, etc., are that are speaking. The estimated cost for this equipment would be $4,000 - $4,500. The inclusion of this item as an alternate bid with the bid package would allow for an assessment determination by the Council at the time of acceptance of bids. STAFF RECOMMENDATIONS Based on staff's satisfaction with their review of the design and construction document set, it is staff's recommendation that the commission take action at its August 4 meeting, to receive plans and specifications and authorize advertisement for bids for both Council consent agenda items D and E. JON HOHENSTEIN JULY 30, 1992 • PAGE 3 ADDITIONAL INFORMATION According to Electronic Interiors it should be assumed that during the entire month of October none of the public meetings that are held in the Council Chambers will be able to be cablecast on Channel 16. This is due to the removal of the current equipment and installation and rewiring of the replacement equipment. The only way that a continuation of cablecasting can be insured during this time would be for the media equipment supplier and installer to construct a redundant system and use that in the interim. However, this would add a substantial amount to the bid. It is staff's intention to review the possibility of using portable video equipment to tape the meetings and play them back on the channel. Hopefully this will make up for the loss of the live coverage during this time. CLOSURE It is staff's intent to be in attendance at the August 4 meeting to respond to any questions or concerns the Council might have in regard to this memorandum. In the interim, if you 41 have any questions, please do not hesitate to contact me. Cable Coordinator MR/jeh 3 �y Agenda Information Memo y • August 4, 1992 City Council Meeting r) ) ,,, ADVERTISEMENT FOR BIDS/MEDIA EQUIPMENT AND INSTALLATION E. Receive Plans and Specifications/Authorize Advertisement for Bids, Eagan City Hall Council Chambers Media Equipment and Installation--Please refer to the memorandum enclosed on pages j C through 3 2' from the previous item for support information in this regard. This item is related to item B above but is presented as a separate specification since vendors for the above-referenced alteMtions will be unique from the vendors for the media equipment and installation. In ad 'don, it is the experience of other cities that the separation of these two bids to be co dinated by the architect/consultant results in a significant cost savings as compared to 14 a combination of these items for a joint bid. Detail plans and specifications have likewie been reviewed by City staff relative to this item. Again, the funding source for this improvement is the City's retained franchise fees. ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans and specifications and authorize advertisement for bi s for Council Chambers media equipment and installation as presented. • • 5 4 Agenda Information Memo August 4, 1992 City Council Meeting • 1992 BUDGET ADJUSTMENTS F. 1992 Budget Adjustments--To simplify both the accounting and budgeting processes the City currently makes no attempt to estimate for budgeting purposes donations, transfers from the Police Forfeiture Fund or related expenditures because of the uncertainty and fluctuation in receipts and eligible projects. Instead, staff has instituted a process whereby the budget is formally amended by the City Council when revenues are known and related expenditures are made. The memo enclosed on pages ` and 3/ explains three of these types of adjustments. Two are in the Police Department and one is in Parks and recreation. The memo also describes an adjustment to bring the budget into conformance with previous City Council action where the recycling coordinator position was changed from contractual service to employee status to meet IRS regulations. The employee is now being accounted for in the General Fund. This action is also adjusting the recycling fund budget by a like amount. These adjustment increase the General Fund budget by $30,050 from $11,527,090 to $11,557,140. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the adjustments to the 1992 General Fund and Recycling Fund budgets. • • • 3 ,D M E M O R A N D U M DATE: July 27, 1992 TO: Finance Director VanOverbeke FROM: Asst. Finance Director Peppet SUBJECT: 1992 General Fund Budget Adjustments The following line item adjustments to the 1992 budget should be considered for approval by the City Council: Current Increase Amended Budget (Decrease) Budget 1) 01-3980-000-00 Transfers In $ -0- $ 3,550.00 $ 3,550.00 01-4320-150-11 Instructors 100.00 3,230.00 3,330.00 01-4411-150-11 Conferences & Schools 4,680.00 320.00 5,000.00 This adjustment reflects transfers from the Police Forfeiture fund expended for research into Community-Oriented Policing. 2) S 01-3850-000-00 Contributions/Donations -0- 2,200.00 2,200.00 01-4220-163-11 Operating Supplies -0- 1,700.00 1,700.00 01-4350-000-32 Gen'l Printing & Binding 1,800.00 500.00 2,300.00 This adjustment reflects a $500 donation from West Publishing for tree planting and maintenance brochures in connection with Arbor Day tree sales, and a $1,700 donation from the Eagan Lion's Club for the Police Department's Canoe Outreach Program. 3) 01-3980-000-00 Transfers In -0- 24,350.00 24,350.00 01-4130-000-02 Salaries/Wages--Temp. -0- 20,870.00 20,870.00 01-4140-000-02 Accrued Retirement Bene. 29,740.00 2,530.00 32,270.00 01-4150-000-02 Accrued Insurance Bene. 25,010.00 950.00 25,960.00 This adjustment is needed because of the change in status of the Recycling Coordinator from contractual service to employee effective January 1992. The salary and benefits are paid out of the General Fund and reimbursed from the Recycling Fund. (Originally, the Recycling Coordinator was budgeted as a contractual service expenditure of the Recycling Fund. ) (cont'd) 411 5(0 July 27, 1992 Page 2 Similarly, the Recycling Fund budget must be adjusted as follows: Current Increase Amended Budget (Decrease) Budget 17-4450 Other Contractual Services $ 29,990.00 $ (24,350.00) $ 5,640:00 17-4710 Transfers Out -0- 24,350.00 24,350.00 * * * * * * * These three adjustments will increase the original 1992 General Fund budget by $30,050 to $11,557,140. /°C5-1 I S Agenda Information Memo • August 4, 1992 City Council Meeting BOND SALE RECO MENDATIONS G. Approve Official Sale Recommendations for Bond Sales—At the July 21, 1992 City Council meeting, a resolution was approved setting a sale date of August 1 , 1992, for the purpose of selling bonds to finance current improvement projects to be spe ' cally assessed, to refund two (2) existing special assessment bond issues and to finance a equipment certificate portion of the 1992 Equipment Revolving Fund capital equipme t purchases. Enclosed without page number are the confirming resolutions as written u by Springsted in conjunction with City staff. Springsted and Finance Director Van erbeke are recommending approval of the sale recommendations for three (3) bond iss es as follows: 1. General Obligation Improvement Refunding Bonds, Series 1992A in Ithe amount of $5,440,000. This issue will provide for a current refunding of the $4,650,000 improvement bonds of July 1, 1986, and for an advance crossover refunding of the $13,400,000 improvement bonds of October 1, 1988. 2. General Obligation Improvement Bonds, Series 1992B in the amount of$3,540,000. • This issue will finance 15 improvements which are currently in v 'ous stages of completion. The projects are expected to be assessed in 1992 and 1 93. 3. General Obligation Equipment Certificates of Indebtedness, Series 1992C in the amount of $400,000. Bids are to be received by 12:00 Noon on Tuesday, August 18, 1992, with cons' ideration for award of the bonds at the regular City Council meeting on the same day. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the sale re mmendations for the General Obligation Improvement Refunding Bonds, Series 199 the General Obligation Improvement Bonds, Series 1992B and the General Obligati n Equipment Certificates of Indebtedness, Series 1992C as presented. O ,62 Agenda Information Memo •August 4, 1992 City Council Meeting FINAL PLAT/E-Z STOP H. Final Plat, E-Z Stop of Eagan--Staff has received an application for final plat approval for E-Z Stop of Eagan. All conditions placed on the preliminary plat approval of March 2, 1992, have been satisfactorily complied with. All final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council ction. A copy of the plat as it appears for filing at Dakota County is enclosed on page Lb . ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for E-Z Stop of Eagan and authorize the Mayor and City Clerk to execute all related documents. • II 79 • a• II ` t 1,If. i �! �� E i a 11 1 i 1 2111 !' !a la: ! E 3 e 4 i _1 a 1 1 i_ f: ; ; i1;I3 ; s i r I I IIiIIFt1 j! ., I II i �I a �! I I I d h i i .1 1 p { .: 1 Y 1 t :! I ! il a s E I � �t I iI!ii1i,11IiI ! �- �t = I a aI 'I a ,,II 111 i'llid of I _,i i 6 I t'•iS �: I!!, t. 1, , I 1 t ! I 4; X10. I 111 Ill 1=j11 I=I I sr li ! i i. Ili i1 1, a11a - -I�� 1 a e I Ia 3 s_) .;3,g; Ili I$ I'd' a I !1I : 1 t 3 i! I ilI 1111 I I ya u fil i.I . is 1i GI > l!III Y bb bb b j. i5I 1aa I! g i4 Iiii !_ taf i t !l I 1 l 1 f W O I v��t L � s � : i z F � : w Qa a +f b 'M ns lw!M as•■•!w N^-7 %el. < A ti II a/ ; Nl 6.. •+•w r .,, L'3. C•CN rf^l,+,M! .Y•■•e, 3 /v0l!dn7Ns/ _ I, . ,l 41r I -«rtl,4-i.s�„ 1.1 ' -. 2 -z 3 i R •+ it 1 a .� 3 : 1f i8 .. ,, �,: 3 : � � `�� 0 s c a ; t .3, i I s m ! 3 ! j.n a I • , . : m i . 1 3, li t \ f, », 3 E tf 35.55s,..• :I .i1 4 . S ° 0 - m L i t1 i7f r t r !` �,, 1'1"�K�• 7h )tq r-«, r,, n w..v.-a 1 TA,an..,}M:«•!1!r ln.r.f•4M •.»..l�+M y 1 i i 1 1 4 1 I Lri Th__= .2., ..... Agenda Information Memo • August 4, 1992 City Council Meeting CUP DENIAL RESOLUTION/JAMES BOMBARDO I. Ratification,James Bombardo,Conditional Use Permit Denial Resolution—At its meeting of July 21, 1992, the City Council acted to deny a conditional use permit for James Bombardo for a recreational facility located north of Cliff Road and west of Nicols Road near Cedar Avenue and directed staff and legal counsel to prepare a resolution of denial outlini the Council's findings. That resolution has been completed and is enclosed on pages through L5 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To ratify the conditional use permit denial resolution for James Bombardo as presented. AL 310 '92 10:58 SEUERSON,WILCQX & ShENDON t 046 P02 CITY or BAQM Resolution denying James Bonbardo application for a conditional lisp permit to allow indoor recreation and more than three amusement devices, including miniature golf and go-cart track, in a Csc (Community Shopping Canter) District located on Lot 1, Block 3, Mari Acres 2nd Addition, located along the west side of Nichols Road in the southwest h of Section 30. WHEREAS, a go-cart track is not a designated permitted use in a Community Shopping Center District nor is a go-cart track a designated conditional use in a Community Shopping Center District under Chapter 11 of the Eagan City Code; and WHEREAS, a public hearing was held before the Advisory Planning Commission on June 23, 1992 to consider an application for a conditional use permit as outlinod above; and WHEREAS, the Advisory Planning Commission recommended, on a throc to two vote, approval of the go-cart track as a use similar to those designated as conditional uses in a CSC District, subject to 12 enumerated conditions; and WHEREAS, this matter was. heard before the Eagan City Council at lipits regular scheduled meeting of July 21, 1992; and WHEREAS, at the July 21, 1992 meeting, the Council took testimony from all interested parties and considered the matter in conjunction with all the files, records and prior proceedings. NOW, THEREFORE, based on the foregoing facts, be it resolved by tha City Council, City of Eagan, Dakota County, Minnesota to deny James Bombardo's application for a conditional use permit; to allow indoor recreation and more than three amusements devices, including outdoor miniature golf and go-cart track, in a CSC District on Lot 1, Block 3, Mari Acres 2nd Addition, located along the west side of Nichols Road in the southwest 34 of Section 30; based on the following: • 1. The outdoor miniature golf and go-cart track are not 'similar to the type of uses designated for a CSC District as either permissive or conditional. 2. A outdoor miniature golf and go-cart track are not appropriate for a CSC District since these limas do not serve tha weekly needs of the citizens as a CSC District is defined in Chapter 11 of the Eagan City Code. 3. The requested uses are not appropriate for the location. 12..94% SEVERSON, WILCOX I. Sh 07-30-92 11 :46AM P002 #01 JLL 30 '92 10:58 SEIJERSON,WILCOX & ShENDON C 046 P03 4. The operation of a miniature golf and go-cart track would be detrimental to the neighborhood in proximity to the location. BE IT RESOLVED, upon motion made by , seconded by , the Eagan City Council did deny a conditional use permit to allow indoor recreation and more than three amusement devices, including outdoor miniature golf and go-cart track, in a CSc (community Shopping Center) District on Lot 1, Block 3, Mari Acres 2nd Addition. (Vote 5 to 0) Dated: , 1992 CITY OF EAGAN By: Tom Egan Its: Mayor By: E.J. VanOverbeke Its: City Clerk • S R-94% SEVERSON. WILCOX E. Sh 07-30-92 11 :46AM P003 #01 • Agenda Information Memo August 4, 1992 City Council Meeting DECLARE SURPLUS PROPERTY/STORAGE SHED J. Declare Surplus Property,Authorize Sale of Storage Shed at Recycling Site—Mr.Richard Pecar, operator of the County's compost transfer site has expressed an interest in purchasing the City's storage shed currently at the Municipal Center site. Mr. Pecar is interesting in moving the building and continuing to use it at the new Yankee Doodle transfer site. Staff has identified no current or future need for a building of this nature and is recommending this action not only to gain a $100 selling price but to avoid costs of disposal far in excess of the building value. ACTION TO BE CONSIDERED ON THIS ITEM: To declare the storage shed surplus property and authorize its sale to Mr. Richard Pecar for $100. • • LL( Agenda Information Memo August 4, 1992, City Council Meeting RECEIVE BIDS/AWARD CONTRACT (GREAT OAKS & WOODLANDS N 2ND ADDN) K. Contract 92-09, Receive Bids/Award Contract (Great Oaks & Woodlands North 2nd Addition - Streets & Utilities)--At 10:30 a.m. on Friday, July 31, 1992, formal bids were received for the install Lion of streets and utilities under the above-referenced subdivisions. Enclosed on page L(p is a summary tabulation of the bids received showing the relationship of the low bidder to the estimate contained in the feasibility report presented at the public hearings held on July 7, 1992, for Project 633 (Great Oaks Addition) and April 9, 1992, for Project No. 630 (Woodlands North 2nd Addition). Although the Woodlands North 2nd Addition final plat was approved on April 21, 1992, that approval has expired and would require an extension to allow it to be recorded at Dakota County. Also, the Great Oaks Addition would require final plat approval prior to the Council awarding this contract. It is anticipated that this contract award will have to be continued until August 18 to allow the development approval process to be completed for both developments. In the interim, staff will evaluate the bids received checking them for accuracy and compliance with bid specification documents and any deviations will be . addressed at the appropriate time. 411 ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids and continue consideration of awarding Contract 92-09 (Great Oaks & Woodlands North 2nd Addition - Streets & Utilities) to August 18, 1992. • S • GREAT OAKS ADDITION PROJECT 633 WOODLANDS NORTH 2ND ADDITION PROJECT 630 UTILITY AND STREET IMPROVEMENTS CONTRACT 92-09 EAGAN, MN. 1992 BID DATE: FRIDAY, JULY 31, 1992 BID TIME: 10:30 A.M. CONTRACTORS PROJ. 633 PROJ. 630 TOTAL BASE BID 1. CECA UTILITIES $ 294,665.75 $ 28,575.07 $ 323,240.82 2. NODLAND CONST. 301,651.50 25,984.65 327,636.15 3. NORTHDALE CONST. 317,949.25 38,025.10 355,974.35 4. BROWN & CRIS 328,077.10 33,174.62 361,252.72 5. BARBAROSSA & SONS 357,549.00 33,621.65 391,170.65 6. G.L. CONT. 430,450.60 40,363.12 470,813.72 LOW BID $ 323,240.82 Feasibility Report Estimate $374,748.00 $ 26,732.00 $ 401,480.00 % Over (+) Under (-) -21.4% +6.9% -19.49% Engineer's Estimate 357,000.00 36,454.50 393,454.50 % Over (+) Under (-) -17.5% -21.6% -17.85% Lt Agenda Information Memo • August 4, 1992, City Council Meeting RECEIVE BIDS/AWARD CONTRACT (WESTON HILLS ADDITION) L. Contract 92-10,Receive Bids/Award Contract (Weston Hills -Trunk Utilities)--At 10:30 a.m. on Friday, July 31, 1992, formal bids were received for the installation of trunk utilities as necessary to service the Wes Hills development located south of Cliff Road and east of TH 3. Enclosed on page is a summary tabulation of the bids received with a comparison of the low bid to the estimate contained in the feasibility report presented at the public hearing held on July 7, 1992. The final plat was approved on July 21, 1992. All other easement acquisitions beyond the scope of this plat are anticipated to be in order by August 4. All bids will be reviewed for their accuracy in compliance with bid specification documents and any concerns regarding contract award will be addressed at the August 4 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids and award Contract 92-10 (Weston Hills - Trunk Utilities) to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. • WESTON HILLS ADDITION PROJECT 632 CONTRACT 92-10 TRUNK UTILITY IMPROVEMENTS EAGAN, MN. 1992 BID DATE: JULY 31, 1992 BID TIME: 10:30 A.M. CONTRACTORS TOTAL BASE BID 1. S.J. LOUIS CONST. $ 267,494.00 2. BARBAROSSA & SONS 282,956.00 3. EJM PIPE SERVICE 317,034.25 LOW BID $ 267,494.00 Feasibility Report Estimate $ 213,668.00 % Over (+) Under (-) F.R. +25.19% Engineer's Estimate $ 282,223.00 % Over (+) Under (-) E.E. -5.22% 411 Agenda Information Memo 41/ August 4, 1992, City Council Meeting RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING (MANOR LAKE 4TH ADDITION) M. Project 621, Receive Final Assessment Roll/Order Public Hearing (Manor Lake 4th Addition)--The installation of streets and utilities servicing the Manor Lake 4th Addition under Project 621 have been completed, all costs tabulated and the final assessment roll prepared. This is being presented to the Council for their consideration of scheduling a public hearing to formally present these final costs for final adoption and certification to the County. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 621 (Manor Lake 4th Addition - Streets & Utilities) and schedule a public hearing to be held on September 1, 1992. APPROVE CHANGE ORDER #1 (SEALCOATING) N. Contract 92-07,Approve Change Order#1 (Sealcoating)--When the bids were received for the above-referenced contract, the 1992 Budget allowed/required adjustments to the quantity of sealcoating proposed to be performed on the parks trail system and fire station 40 parking lots. This Change Order allows for the addition of trailway sealcoating in the amount of $1,733.94 and the deletion of fire station parking lot sealcoating in the amount of $2,518.04. Subsequently, the net affect of this Change Order is a reduction of $784.10. There is no change anticipated in the completion date of this contract associated with this Change Order. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 92-07 (Sealcoating) and authorize the Mayor and City Clerk to execute all related documents. S Agenda Information Memo August 4, 1992 City Council Meeting E NT = 'P AL VI _ 44L:_ t� O. Stipulation of Settlement, Francis Franz Assessment Appeal—Enclosed on pages through S(p is a copy of the stipulation and resolution relative to the settlement of the Francis Franz assessment appeal. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution adopting the stipulation of settlement for the Francis Franz appeal as presented. • STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT CASE TYPE: Francis Franz, Court File No. C1-91-8435 Petitioner, vs. STIPULATION AND ORDER CITY OF EAGAN, Dakota County, Minnesota, a municipal corporation, Respondent. WHEREAS, Petitioner Frances Franz was the owner of a parcel of land in the City of Eagan formerly with the property identification number of 10-02100-010-50 ("Parcel A") ; and WHEREAS, on June 4 , 1991, Respondent City of Eagan ("City") 0 approved the split of Parcel A and waiver of plat; WHEREAS, on September 3 , 1991, the City assessed Parcel A $147, 060.24 for water lateral trunk, storm sewer trunk, sanitary sewer and street as part of Public Improvement Project No. 372 ; and WHEREAS, on October 25, 1991, a Warranty Deed dated June 28, 1991 conveying part of Parcel A from Francis Franz to ACC/Cellular of Minneapolis was recorded with the Dakota County Recorder's office; WHEREAS, Respondent was notified that on October 25, 1991, Parcel A was divided into two tax parcels each with different identification numbers: 10-02100-012-50 ("Parcel B") and 10-02100-011-50 ("Parcel C") ; and c WHEREAS, Francis Franz is the owner of Parcel C; and WHEREAS, the City apportioned $128,973 . 09 of the levied assessments to Parcel C; and WHEREAS, Petitioner brought an action in District Court appealing the assessments against his property for Project No. 372, known as Francis Franz v. City of Eagan, Court File No. C1-91-8435; and WHEREAS, the parties have resolved all dispute over the assessments against Parcel C. NOW, THEREFORE, the parties do hereby agree as follows: 1. The assessments levied against the Parcel C for Project No. 372 shall be reassessed in the sum of $75, 000. 00. The $75, 000. 00 special assessments from Project No. 372 shall be entirely for street construction purposes. 2 . This settlement is made without prejudice to the City's assertion of any rights it may have in the future to claim sanitary sewer, storm sewer and water connection charges if and when Parcel C connects to City utilities. This settlement is also without prejudice to Petitioner's right to contest any such connection charges in the event the same were made by the City. 3. The City shall direct the Dakota County Treasurer to recompute Petitioner's real estate tax statement for Parcel C using the new assessment figure of $75, 000.00. -2- )- III 4 . The Petitioner waives Notice of Hearing and Hearing on the reassessment of Parcel C. 5. The Petitioner shall be permitted to pay the entire sum of $75,000. 00 within thirty (30) days after the Eagan City Council has reassessed Parcel C without interest. 6. Upon the execution of this Stipulation, the Petitioner shall cause this action, Court File No. C1-91-8435 to be dismissed with prejudice. CITY OF EAGAN Dated: , 1992 By: Thomas A. Egan Its: Mayor Dated: , 1992 By: E.J. VanOverbeke Its: City Clerk Dated: , 1992 � Francis Franz APPROVED AS TO FORM: -/I, Jr/4 City Att ey's Offic Dated: . /0/ 9((.4_ APPROVED AS TO CONTENT: • -3- � � OFinance Department Dated: STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this day of , 1992, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said ' municipality. Notary Public •STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this A1'1 day of Witt , 1992, before me a Notary Public within and for said Cou y, personally appeared Francis Franz, to me personally known to be e person described in and who executed the foregoing instrument an acknowledged that he executed the same as his free act and deed. . . Ailf REID J. HANSEN �a't^''�'``- f t NOTARY ?li81.IC--MINKESOTA 1 DAKOTA COUNTY N.tary •ublic • My C . Ezpins Sept. 28. 1995 • v• • -4- Ste .L.,(/ ORDER FOR JUDGMENT Based upon the foregoing Stipulation entered into by and between the City of Eagan and Frances Franz; IT IS THEREFORE THE ORDER OF THE COURT THAT JUDGMENT BE ENTERED FORTHWITH. BY THE COURT: Dated: , 1992 JUDGE OF DISTRICT COURT I certify that the above constitutes a judgment of the court. JUDGMENT ENTERED AND FILED THIS DAY OF , 1992 . (SEAL) BY THE COURT ROGER W. SAMES DISTRICT COURT ADMINISTRATOR Deputy • -5- RESOLUTION OF CITY OF EAGAN ADOPTING SETTLEMENT AGREEMENT WHEREAS, Francis Franz is the owner of property located in the City of Eagan with the Property Identification No. of 10-02100-011-50 ("Subject Parcel") ; and WHEREAS, on September 3, 1991, the Subject Parcel, part of a larger parcel, was assessed by the City of Eagan for water lateral trunk, storm sewer trunk, storm sewer lateral and streets as part of Public Improvement Project No. 372; and WHEREAS, Francis Franz brought an action in District Court appealing the sum of the assessments know as Francis Franz v. City of Eagan, Court File No. C1-91-8435; and WHEREAS, the parties have agreed to settle this dispute according to the terms of the attached Stipulation. NOW, THEREFORE, BE IT RESOLVED, that the Eagan City Council hereby adopts the attached Stipulation of Settlement resolving the Franz assessment appeal and authorizes the Mayor and City Clerk to execute the Stipulation on the City's behalf. CITY OF EAGAN By: Thomas A. Egan Its: Mayor Attest: E. J. VanOverbeke • 111 Agenda Information Memo August 4, 1992, City Council Meeting PLIBLIC HEARINGS FINAL ASSESSMENT HEARING (SADDLEHORN ADDITION) A. Project 619, Final Assessment Hearing, Saddlehorn Addition - Streetlights)--On July 7, the final assessment roll for the above-referenced project was presented to the Council with the public hearing being scheduled for August 4 to formally present the final costs associate with the installation of streetlights within the Saddlehorn Addition. Enclosed on page is a summary tabulation showing the final assessment rate less than the estimate contained in the feasibility report presented at the public hearing held on November 7, 1991. 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 this project or the proposed final assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 619 (Saddlehorn Addition - Streetlights) and authorize its certification to Dakota County for collection. • . . 5� FINAL ASSESSMENT HEARING PROJECT NUMBER: 619 ASSESSMENT HEARING DATE: August 4, 1992 SUBDIVISION/AREA: SADDLE HORN ADDITION PUBLIC HEARING DATE: November 7, 1991 • IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.R. s Feasibility Report FINAL F.R. FINAL F.R. ,SANITARY SEWER RATES RATES STORM SEVER RATES RATES ['Trunk 0 Trunk ❑ Laterals ❑ Laterals [' Service ❑ Lat. Benefit/ Trunk [' Lat. Benefit/ Trunk WATER STREETS ❑Trunk ❑ Gravel Base ['Laterals ❑ Surfacing ❑ Service ❑ Res. Equiv. ❑Lat. Benefit/ ❑ Multi Equiv. S Trunk ❑ C/I Equiv. ❑WAC ❑ Trail SERVICES STREET LIGHTS [' Water & San. Sever © Installation $156.40 $168.00 [' Energy Charge CONTRACT # OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $3,910.00 NA 25 3 Yrs. $4,200.00 F.R. —0— COMMENTS: 4111 45--(11 Agenda Information Memo • August 4, 1992, City Council Meeting LAKEVIEW TRAIL ADDITION - STREETS & UTILITIES B. Project 635,Lakeview Trail Addition -Streets &Utilities)--On July 7th, the City Council received the feasibility report and scheduled a public hearing to be held on August 4 to discuss the installation of streets and utilities as necessary to service the Lakeview Trail Ad 'tion located between Dodd Road and TH 3 north of Fitz Lake. Enclosed on pages �a through 3 is a copy of that feasibility report for the Council's information and reference during the public hearin g process. On July 16, 1992, an informational neighborhood meetin as held to review this project with all interested property owners. Enclosed on pages C( through q-- is a copy of a memo summarizing that meeting. After a presentation of this project by the consultant, the staff will be available to answer any questions associated with this project. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 635 (Lakeview Trails Addition - Streets & Utilities) and, if approved, authorize the preparation of detailed plans and specifications. • III 5G( • � 3 f ' 4 city of aagan Report for Lakeview Trail Addition Utility and Street Improvements • City Project No. 635 Eagan, Minnesota June 1992 File No. 49526 Bonestroo Roams illAnderlik b Associates «.t Arc/Moots et.taut MJ r : ea (.12r • , Otto G.Bonewo4 PE Howard A Salad.PE. Gay F Rylandec PE. Pt I Cassel PE. Bonestroo Robert W/Dame.PE* r.ea A Gordon.PE. Ismael Martinet.PE. Mark D.Wars PE. Joseph C.Arderic PE. Rehm R PRhkrle.PE. Mkhx1 P Rau PE. Mlles B Jensen.PE. Marvin L Sorvala.PE. Richard W Foyer,P.E. Agnes M.Ring.AJC P. L Philp Gravel R P.E. Rosene Rtd,ad E.Turret P.E. David O.lr>skota.PE. Thomas W.Ryerson PE. Raven L.Wiener.P.E. • perm R.Cook.PE. Robert C.Russek AJA Michael C.Lynch PE. F.Todd Foster.PE. , . " AnderIlk & Thomas E.Ployes PE. Jerry A.Bowdon.PE. Janes R.Noland RE. Keith R.Stipp P.E. Associates Osbert G.k urschL PE Mat A.Hanson.PE. Jerry D.Pe, c.PE. Shawn D.Gustafson.PE. Swan M.EbeAn.CPA Michael T Ronne .PE. Kenneth P Anderson.PE. Cecio Olivier.PE. *Senior Consultant led K.RekL P.E. Mart P.Rory.PE. Charles A Erickson Engineers & Architects Thomas R.Anderson AIA Mark A Se!{.P.E. Leo M.Pawelsky 9 Donald C.Bing I&PE. Gary W.Monier.P.E. Harlan M.Otson Thomas E Area PE. Daniel J Edgerton.P.E. James F.Engelhardt June 24, 1992 City of Eagan 3830 Pilot Knob Road ' Eagan, MN 55122 Re: Lakeview Trail Addition Utility and Street Improvements Project No. 635 Our File No. 49526 Dear Mayor and Council: Attached is our report for the Lakeview Trail Addition Utility and Street Improvements. The proposed utility and street improvements are presented and discussed within the report along with detailed cost estimates and a preliminary assessment roll. • We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Yours very truly, BO TRH • •SENE, ANDERLIK & ASSOCIATES, INC. Mar A. Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of ' ota. i7 ark A. arson i • 9�, ' /D ter: u 1992 Reg. No. 14260 Reviewed by: �!//, 4., i %l De#artment of Public_ orks 41 Reviewed by: Fi ce Department Date: 7-7 9 2335 West Highway 36 • St.Paul,Minnesota 551t 612-6364600 • IAKEVIEW TRAIL ADDITION UTILITY AND STREET IMPROVEMENTS EAGAN, MINNESOTA PROJECT NO. 63S TABLE OF CONTENTS, Page No. LETTER OF TRANSMITTAL 1. TABLE OF CONTENTS 2. SCOPE 3. FIGURE NO. 1 - LOCATION PLAN 4. FEASIBILITY AND RECOMMENDATION 5. DISCUSSION 5. A. SANITARY SEWER 5. B. WATER MAIN 5. C. SERVICES 6. D. STORM SEWER 7• E. STREETS 8. • F. STREET LIGHTS 8. EASEMENTS AND PERMITS 8. COST ESTIMATE 9. AREA TO BE INCLUDED 10. ASSESSMENTS 10. REVENUE SOURCES 14. PROJECT SCHEDULE 15. APPENDIX A - PRELIMINARY COST ESTIMATE APPENDIX B - PRELIMINARY ASSESSMENT ROLL FIGURE NO. 2 - SANITARY SEWER LAYOUT FIGURE NO. 3 - WATER MAIN LAYOUT FIGURE NO. 4 - WATER MAIN ASSESSMENT FIGURE NO. 5 - STORM SEWER LAYOUT (Lateral/Lakeview Trail Addition) FIGURE NO. 6 - STORM SEWER LAYOUT (Think) FIGURE NO. 7 - STREET■STREET LIGHT LAYOUT FIGURE NO. 8 - PROPOSED ASSESSMENT AREA • FIGURE NO. 9 - TRUNK WATER MAIN Page 2. 49526.Rpt REPORT FOR LAKEVIEW TRAIL ADDITION UTILITY AND STREET IMPROVEMENT EAGAN, MINNESOTA PROJECT NO. 635 SCOPE Lakeview Trail Addition is located south of the Manor Lake Additions immediately west of T.H. No. 3 and east of Dodd Road as shown on Figure No. 1. The residential subdivision consists of 37 single family lots. The work proposed herein provides for the construction of sanitary sewer, water main, storm sewer and streets. The grading of the site including street, lot, and pond grading will be completed by the developer. • Page 3. 49526.Rpt te3 • i" -, 0,, REA z,11,,,,`“"t7,irin'1.111K.1. -.1"fra_tiVIIC • 1.11 nadr 111 111 I 11-111TI — —. — ,if, > :A.-:,1 i ;�r,..:s :;;;i= �N: 4.i� C - RUtt IllraiiR i tS� { fit, Mi=��*af~s i:7 471111 �a sr i■R OM S f t:"tj s• •iii: i�����. �•��:I d I-i o IF.4. K{f1-wflftiitV t•.1 f s Biwa 0 A s A it III Mk, VIII its• ` !.' it ib"'lft�� w..a tijet iitt all •/ ���yet imi tr.�l'a' sEid a f�'R.l[tr/, /j�`s_5tR0/`� i*/tstttKtttw w./ss.Na7 ;'1Ntititi,fat3�Ci..:lilt� �'`<ta rrK� I rr 44 ���. „,. Mifflin��IIUI Li �u I � :if.W 111 2E�■MI isfa• I 2 •.. i w : II:!;,=�''.r,J f an zip t' 4 I i, 1 4. �_/ .41111.�'i� i ;.alt`" 11 Sl11Cfsts itrars∎ tnr i op�►• I♦ r%/• .�Ns .: w I I I '•fill. ; 1:::::: �,,,_ �„lfi./ww ` '_ • I /:7/.::/ME ils.ss�w 4 ,4■�tei I ' 7 WI, of*4,.ilx Project Location 1 1 I �7� � Via,et:2 Lakeview Trail -- $ — — r 1r t1 Addition I. I I ! .ff 1 1 i 1 1 ! 1 1 1 illiMill Ir III ini I MI ._ .J N 0 1000 2000 SCION In 1w La k eview Trail Addition—Location Plan Ij Boneetroc,' M Anderilk & R.osene Trunk Utility Improvements URE 1 iatea Project No. 635 Eagan. Minnesota ineer' its Ml a4S9aF[11 nwr_ lc ii mfr 1007 II /0M7R • FEASIBILITY & RECO ATIONS The project is feasible from an engineering standpoint and is in accordance with the objectives established in the Eagan's Comprehensive Utility and Street Plans. The project can best be carried out as one contract. DISCUSSION A. Sewer Sanitary sewer is proposed to be extended from the two existing trunk sanitary sewers in Manor Lake 4th Addition. The sanitary sewer layout is presented on Figure No. 2 located at the back of this report. The 15" trunk sanitary sewer extension in T.H. No. 3 does not serve • Lakeview Trail Addition. However, it is a requirement of this development to extend a lateral equivalent along T.H. No. 3 abutting its frontage in accordance with Eagan's Comprehensive Sewer Policy Plan. The 10" trunk sanitary sewer extension in Manor Drive and McFaddens Trail west to Dodd Road is sized and depthed properly to serve the abutting property along Dodd Road both north and south of McFaddens Trail. The depth of the sanitary sewer in McFadden's Trail west of Manor Drive varies between 15' and 28'. Therefore, sewer service risers are required for sewer depths greater than 15'. B. Water Main Water main is proposed to be constructed in Lakeview Trail Addition as shown on Figure No. 3. The 6" water main in Manor Drive will be extended south from the existing 6"main in Manor Lake 4th Addition to McFaddens Trail where the main will be constructed west to Dodd • Road and east to T.H. No.3. A requirement of this development is to extend an 8"water main Page 5. 49526.Rpt • south in T.H. No. 3 from the existing 12" main in Manor Lake 4th Addition to provide water service to the south. An 8"trunk water main is also proposed to be constructed in Dodd Road from Cliff Road to the south plat line of Lakeview Trail Addition in accordance with Eagan's Water Supply and Distribution Plan (dated 1988). The water main layout in Dodd Road is shown on Figure No. 3. The 8" main will connect to an existing 12" main in Cliff Road and the proposed 6" main in McFaddens Trail to provide proper looping for fire protection in addition to providing lateral services to the property along Dodd Road. The existing and proposed/future trunk water mains in this area are shown on Figure No. 9. It is proposed to construct the 8"main on the east side of Dodd Road between the easterly right-of-way line and edge of bituminous. The expected ' water pressures in this area range between 60 and 73 pounds per square inch (psi). C. Services Sanitary sewer and water services in Lakeview Trail Addition are proposed to be constructed 15' beyond the property line. Sewer service lines are proposed to be 4" diameter while water services lines are 1"diameter. Sewer and water service to Lots 8 and 9,Block 1 are provided off Todd Avenue in Manor Lake 4th Addition. It's not proposed to construct water service lines to the abutting unplatted property along Dodd Avenue because it's not definite how these properties may subdivide in the future. However, in the event certain owners desire water service extensions at this time, they can be constructed at the property owners request. Page 6. 49526.Rpt I „(4' • D. Storm Sewer Lateral storm sewer to serve Lakeview Trail Addition is presented on Figure No. 5 located at the back of this report. The lateral storm sewer not only includes the storm sewer in McFaddens Trail discharging to Pond LP-26.1 and LP-26.2 but also the storm sewer outfalls (piping and skimmer) from each pond. Pond LP-26.1 and LP-26.2 are water quality ponds which will be graded and developed by the developer. Pond LP-26.2 will also receive runoff from a portion of Manor Lake 4th Addition. The minimum standards per Eagan's Staff Report for Pond LP-26.1 and LP-26.2 are listed below: Surface Wet Average Pond No. Area Volume Depth LP 26.1 923.0 0.26 ac. 0.68 ac.ft. 2.5 ft. LP 26.2 930.0 0.26 ac. 0.68 ac.ft. 2.5 ft. Figure No. 6 presents the trunk storm sewer layout which provides for the construction of the storm sewer outfall for Pond LP-26 to the existing 15" trunk storm sewer in Manor Lake 4th Addition. Pond LP-26 is designated a DNR protected wetland. The specifics for Pond LP- 26 are listed below which includes the recently established DNR NOHW. The ponding requirements for Pond LP-26 also includes the newly developed pond in Weston Hills (located east of T.H. No. 3) and Pond 12-27. The storm sewer outfall from Pond 12-27 to LP-26 is not proposed to be constructed as part of this project or Weston Hills. However, it is expected it will be constructed in the future as additional development occurs in the watershed. The specifics for Pond LP-27 are also listed below: • Page 7. 49526.Rpt CO • Water Level DNR HWL Storage Outflow Pond No. 4127/92 kin J4OHW (100 yr. level) (Ac.Ft.) (cfs) 12-26 922.05 922.6 922.6 925.0 27.8 1.9 LP-27 920.45 922.7 -- 927.0 18.9 1.0 E. Street Streets proposed herein provide for constructing Manor Drive and McFaddens Trail as shown on Figure No. 7. Manor Drive and McFaddens Trail west of Manor Drive are proposed to be constructed 32' wide while McFaddens Trail east of Manor Drive is proposed to be constructed 28' wide. The street section will be constructed in accordance to City Standards. F. Street Lights . Street lights are shown on Figure No. 7 and will be constructed by Dakota Electric. EASEMENTS AND PERMITS No permanent or temporary construction easements are required outside Lakeview Trail Addition to construct the public improvements proposed herein. All water main and water service construction in Dodd Road is proposed to be constructed within its right-of-way. It's recommended the City evaluate whether pond easements are required around Pond 12-26 between the DNR NOHW (922.6) and the 100 year HWL (925.0). Permits are required from Mn/DOT for construction within T.H. No. 3 right-of-way. A permit is not required from the DNR for storm sewer construction because the storm sewer outfalls are proposed to be constructed above the DNR NOHW (922.6). However, plans will • be sent to the DNR to review the water quality requirements associated with this development. 11111 Permits will be required from the MPCA and Minnesota Health Department. Page 49526.Rpt (.016 • COST ESTIMATE A detailed cost estimate is presented in Appendix A located at the back of this report which is also summarized below. The total estimated project cost is $553,820 which includes 5% contingencies and 30% for indirect costs. Indirect costs include administrative,engineering, interest, and legal expenses. A.) Sanitary Sewer (Lateral & Trunk) $166,280 B.) Water Main a.) Lakeview Trail Addition (Lateral) 69,600 b.) Dodd Road (Trunk) 72,850 C.) Services a.) Lakeview Trail Addition 41,050 D.) Storm Sewer IP a.) Lateral (Lakeview Trail Addition) 53,200 b.) Trunk (Pond LP-26 Outfall) 38,490 E.) Street 106,590 F.) Street Lights (Dakota Electric) 5.760 TOTAL ESTIMATED PROJECT COST $553,820 S Page 9. 49526.Rpt LQ C3\ • AREA TO BE INCLUDED, The proposed assessment area is shown on Figure No. 7 and listed below: NW 114. Section 36 Parcel 024-25 Parcel 027-25 Parcel 028-25 Parcel 030-25 Parcel 040-25 Parcel 050-25 Parcel 010-26 Parcel 020-26 Parcel 030-26 Parcel 011-27 Parcel 020-27 (I akeview Trail Addition - Incorporates approximately 8 lots) Parcel 011-28 Parcel 012-28 NE U4. Section 36 • Parcel 022-27 (Lakeview Trail Addition - Incorporates approximately 29 lots) ASSESSMENTS Assessments are proposed to be levied against the benefited property. For purposes of this report, it's assumed no assessments will be levied against Lots 8 and 9, Block 1 Lakeview Trail Addition because their improvements were constructed as part of Manor Lake 4th Addition, City Project No. 621. All lateral assessment costs will be revised based on final costs. A. Sanitary Sewer Sanitary sewer proposed herein is trunk and lateral. Trunk sanitary sewer includes the sanitary sewer in T.H. No. 3 and in Manor Drive and McFaddens Trail west of Manor Drive to Dodd Road. The lateral equivalent for this trunk sanitary sewer and the remaining lateral • is estimated and presented in Appendix A located at the back of this report. The combined Page 10. 49526.Rpt �� lateral sanitary sewer cost($105,390) is proposed to be assessed equally to the 35 benefited lots (Lots 1-7, 10-27, Block 1 and Lot 1-10, Block 2) in the development ($3,011/lot). Trunk area sanitary sewer has not been assessed to the unplatted property incorporating Lakeview Trail Addition located in the NW 1/4, Section 36 (Parcel 020-27). The trunk area assessment for sanitary sewer will be assessed as part of the developers agreement. B. Water Main The 6" and 8" water main in Lakeview Trail Addition and along T.H. No. 3 is lateral. Therefore, it's cost ($69,600) is proposed to be assessed equally to the 35 benefited lots in the development ($1,989/lot). The 8" water main in Dodd Road is designated a trunk main in Eagan's Water Supply • and Distribution Plan (dated 1988). Therefore, it's proposed to assess the 8" main on a front foot basis to the abutting property along Dodd Road. The front foot rate ($11.92/F.F.) is determined by dividing the lateral water main cost in Lakeview Trail Addition ($69,600) by the front feet of water main (2,920 L.F. = 5,840 F.F.) in Lakeview Trail Addition. The estimated assessment to the abutting property is presented in Appendix B and shown on Figure No. 4. The lateral benefit from trunk main assessment to Lakeview Trail Addition($3,934)is proposed to be assessed equally to the 35 benefited lots in the development ($112/lot). The trunk area assessment for water main is not proposed to be assessed to the property abutting the 8" trunk main in Dodd Road until the property would request a water service extension or develop further. The unpiatted property along Cliff Road at Dodd Road were previously assessed their trunk area assessment as part of Project No. 520 (Manor Lake Addition Trunk Utility Improvements) in 1987. Page 11. 49526.Rpt t • Trunk area water main has not been assessed to Lakeview Trail Addition. The trunk area assessment to Lakeview Trail Addition will be assessed as part of the development agreement. C. Services Services in Lakeview Trail Addition($41,050)are proposed to be assessed equally to the 35 benefited lots in the development ($1,173/lot). D. Storm Sewer Lateral storm sewer in Lakeview Trail Addition ($53,200) is proposed to be assessed equally to the 35 benefited lots in the development ($1,520/lot). The storm sewer outfall from Pond LP-26 is trunk. Trunk area storm sewer has not been assessed to Lakeview Trail Addition. In accordance with the Eagan's Staff Report for this S development dated April 20, 1992, their trunk area assessment ($42,071)* is proposed to be assessed egnally to the 35 benefited lots in the development ($1,202/lot). * Trunk area assessment = $0.069/sq.ft. x 609,728 sq.ft. = $42,071. E. Street Streets ($106,590) are proposed to be assessed equally to the 35 benefited lots in the development ($3,045/lot). F. Street Lights Street lights ($5,760) are proposed to be assessed equally to the 35 benefited lots in the development ($165/lot). • Page 12. 49526.Rpt • REVENUE SOURCES Revenue to cover the cost of this project are as follows: Project Cost Revenue Balance A. S Sewer Lateral $105,390 Trunk 60,890 Lateral Assessment $105,390 $166,280 $105,390 -($60,890) B. Water Main Trunk $ 72,850 Lateral (Lakeview Trail Addn.) 69,600 Lateral Assessment 69,600 Lateral Benefit from Trunk 35,135 $142,450 $104,735 -($37,715) C. Services Lateral $ 52,430 • Lateral Assessment 52.430 $ 52,430 $ 52,430 - 0 - D. Storm Sewer Lateral $ 53,200 Trunk 38,490 Trunk Area Assessment 42,071 lateral Assessment 53.200 $ 91,690 $ 95,271 +($3,581) E. Streets Lateral $106,590 Lateral Assessment 5106.590 $106,590 $106,590 - 0 - F. Street Lights Lateral $ 5,760 Lateral Assessment $ 5,760 $ 5,760 $ 5,760 - 0 - IliIt's estimated $95,024 will be required from the City's trunk funds. Page 13. 49526.Rpt �3 PROJECT SCHEDULE, • Present Feasibility Report July 7, 1992 Public Hearing August 4, 1992 Approve Plans and Specifications August 4, 1992 Open Bids/Award Contract September 1, 1992 Substantial Completion October 31, 1992 Complete Construction Summer, 1993 Assessment Hearing August, 1993 First Payment Due with Real Estate Taxes May, 1994 • • Page 14. 49526.Rpt 1 Lkd • APPENDIX A PRELIMINARY COST ESTIMATE L4KEVIEW TRAIL ADDITION UTILITY AND STREET IMPROVEMENTS PROJECT NO. 635 A. SANITARY SEWER (Lateral & Trunk) 470 Lin.ft. 15" Sanitary sewer, 20'-25' dp. in pl. @ $46.00/11 - $ 21,620 630 Lin.ft. 10" Sanitary sewer, 20'-25' dp. in pl. @ $40.00/1.1: 25,200 710 Lin.ft. 10" Sanitary sewer, 25'-30' dp. in pl. @ $35.00/l.f. 24,850 120 Lin.ft. 8" Sanitary sewer, 0'40' dp. in pl. @ $18.00/11 2,160 390 Lin.ft. 8" Sanitary sewer, 10'-15' dp. in pl. @ $22.00/11. 8,580 13 Each Std. 4' dia. MH w/cstg. @ $950.00/ea. 12,350 197 Lin.ft. MH depth greater than 8' dp. @ $70.00/1.f. 13,790 18 Lin.ft. 8" Outside drop at manhole @ $90.00/11. 1,620 23 Each 10"x 4" wye branch for service @ $70.00/ea. 1,610 12 Each 8"x 4" wye branch for service @ $50.00/ea. 600 335 Lin.ft. 4" Service riser @ $12.00/11. 4,020 2 Each Connect to existing sanitary sewer system @ $500.00/ea. 1,000 700 Lin.ft. Improved pipe foundation @ $3.00/11. 2,100 2,320 Lin.ft. Mechanical trench compaction @ $1.00/11. 2,320 Total $121,820 +5% Contingencies 6.090 $127,910 +30% Indirect Costs 3&370 TOTAL SANITARY SEWER $166,280 Page 15. 49526.Rpt � ' LATERAL EQUIVALENT SANITARY SEWER (LAKE TRAIL ADDITION) 120 Lin.ft. 8" Sanitary sewer, 0'-10' dp. in pL @ $18.00/11 $ 2,160 2,200 Lin.ft. 8" Sanitary sewer, 10'-15' dp. in pl. @ $22.00/11 48,400 13 Each Std. 4' dia. MI-I w/cstg. @ $950.00/ea. 12,350 65 Lin.ft. MH depth greater than 8' dp. @$70.00/11. 4,550 10 Lin.ft. 8" Outside drop at manhole @ $90.00/11. 900 35 Each 8'x 4" wye branch for service @ $50.00/ea. 1,750 140 Lin.ft. 4" service riser @ $12.00/11. 1,680 2 Each Connect to existing sanitary sewer system @ $500.00/ea. 1,000 700 Lin.ft. Improved pipe foundation @ $3.00/11. 2,100 2,320 Lin.ft. Mechanical trench compaction @ $1.00/1.f. 2.320 Total $ 77,210 +5% Contingencies 3,860 $ 81,070 40 +30% Indirect Costs 24.320 TOTAL LATERAL SANITARY SEWER $105,390 Page 16. 49526.Rpt • B. WATER MAIN a.) Lakeview Trail Addition (Lateral) 500 Lin.ft. 8" Water main in p1. @$16.00/11. $ 8,000 2,080 Lin.ft. 6" Water main in pl. @ $13.00/11 27,040 1 Each 8" Gate valve & box @ $500.00/ea. 500 4 Each 6" Gate valve & box @ $380.00/ea. 1,520 2 Each Connect to existing water main @ $500.00%a. 1,000 4 Each Hydrant @ $1,300.00/ea. 5,200 4,210 Lbs. Fittings @ $1.00/lb. 4,210 200 Lin.ft. Improved pipe foundation per 6" depth @ $3.00/11 600 2,920 Lin.ft. Mechanical trench compaction @ $1.00/11 2920 Total $ 50,990 +5% Contingencies 2.550 • $ 53,540 +30% Indirect Costs 16.060 TOTAL WATER MAIN $ 69,600 • Page 17. 49526.Rpt °-1 \ • B. DODD ROAD. (Cliff Road to South Plat Line Lakeview Trail Addition) 1,720 Lin.ft. 8" Water main in p1. @ $16.00/1.!: S 27,500 60 Lin.ft. 6" Water main in pl. @ $15.00/11. 900 3 Each 8" Gate valve & box @ $500.00/ea, 1,500 4 Each 6" Gate valve & box @ $380.00/ea. 1,520 1 Each Wet tap 12"x 8" tee @ $1,500.00/ea. 1,500 4 Each Hydrants @ $1,300.00/ea. 5,200 2,250 Lbs. Fittings in p1. @ $1.00/lb. 2,250 200 Lin.ft. Improved pipe foundation @ $3.00/1.f. 600 1,780 Lin.ft. Mechanical trench compaction @ $1.00/1.f. 1,780 LUMP SUM Driveway/culvert restoration @ $5,000.00/L.S. 5,000 200 Cu.yds. Topsoil common borrow @ $8.00/cu.yd. 1,600 200 Sq.yds. Sod @ $2.50/sq.yd. 500 2.0 Acre Seed @ $1,000.00/Ac. Total $ 53,370 +5% Contingencies 2.670 $ 56,040 +30% Indirect Cost 16,810 TOTAL DODD ROAD $ 72,850 • Page 18. 49526.Rpt `1 C. SERVICES a.) Lakeview Trail Addition 1,640 Lin.ft. 4" Sanitary sewer service @ $8.00/1.f. $ 13,120 1,510 Lin.ft. 1" Water service @ $7.00/11. 10,570 35 Each 1" Corporation stop @ $40.00/ea. 1,400 35 Each 1" Curb stop & box @ $70.00%a 2,450 300 Lin.ft. Improved pipe bedding @ $3.00/11. 900 1,640 Lin.ft. Mechanical trench compaction @ $1.00/1.f. 1.640 Total $ 30,080 +5% Contingencies 1,500 $ 31,580 +30% Indirect Cost 9.470 • TOTAL $ 41,050 • Page 19. 49526.Rpt * -11C)N • D. STORM SEWER a.) Lateral (Lakeview Trail Addition) 630 Lin.ft. 15" Storm sewer in pl. @ $22.00/1.£ $ 13,860 280 Linftt. 12" Storm sewer in pL @ $20.00/11 5,600 2 Each Std. 4' dia. MH w/cstg. @ $1,000.00/ea. 2,000 6 Each Std. catch basin w/cstg. @ $900.00%a. 5,400 2 Each Outlet skimmer @ $2,000.00/ea. 4,000 2 Each 15" Apron @ $400.00%a. 800 2 Each 12" Apron @ $300.00%a. 600 20 Cu.yds. Rip rap @ $100.00/cu.yd. 2,000 100 Lin.ft. Improved pipe foundation @ $4.00/Lf. 400 910 Lin.ft. Mechanical trench compaction @ $1.00/11 910 300 Cu.yds. Topsoil borrow @ $8.00/cu.yd. 2,400 1.0 Acre Seeding @ $1,000.00/Ac. 1.000 Total $ 38,970 +5% Contingencies 1.950 $ 40,920 • +30% Indirect cost 12.280 TOTAL $ 53,200 • Page 20. 49526.Rpt b.) Trunk Storm Sewer (Pond LP-26 Outfa1) 720 Lin.ft. 15" Storm sewer in pl. @ $24.00/11 $ 17,280 5 Each Std. 4' dia. MH w/cstg. @ $1,000.00/ea. 5,000 1 Each Outlet skimmer @ $2,000.00/ex. 2,000 10 Cu.yds. Rip rap @ $100.00/cu.yd. 1,000 100 Lin.ft. Improved pipe foundation @ $4.00/11 400 720 Lin.ft. Mechanical trench compaction @ $1.00/11 720 100 Cu.yds. Topsoil borrow @ $8.00/cu.yd. 800 1.0 Acre Seeding @ $1,000.00/Ac. 1.000 Total $ 28,200 +5% Contingencies 1,410 $ 29,610 +30% Indirect cost 8,880 • TOTAL $ 38,490 pale 21. 49526.Rpt E. S.TR 1E . 300 Cu.yds. Subgrade excavation @ $3.00/cu.yd. $ 900 300 Cu.yds. Common borrow @ $5.00/cu.yd 1,500 7,300 Sq.yds. Subgrade preparation @ $0.50/sq.yd 3,650 2,700 Ton 100% Crushed aggregate base @ $7.00/ton 18,900 760 Ton 2331 Bituminous base course @ $15.00/ton 11,400 380 Ton 2341 Bituminous wear course @ $15.00/ton 5,700 66 Ton Bituminous for mixture @ $130.00/ton 8,580 300 Gals. Bituminous for tack coat @ $1.50/gal. 450 3,800 Lin.ft. Concrete curb & gutter @ $5.00/11 19,000 22 Each Adjust manhole frame @ $150.00%a. 3,300 4 Each Adjust gate valve box @ $100.00/ea. 400 350 Cu.yds. Topsoil borrow @ $8.00/cu.yd. 2,800 1.5 Acre Seeding @ $1,000.00/ac. 1.500 di Total $ 78,080 IF +5% Contingencies 3.910 $ 81,990 +30% Indirect cost 24,600 TOTAL STREET $106,590 F. STREET LIGHTS (Dakota Electric) 8 Each Street lights @ $600.00%a. S 4.800 Total $ 4,800 +20% Indirect Costs — TOTAL STREET LIGHTS $ 5,760 Page 22. 49526.Rpt Y APPENDIX B PRELIMINARY ASSESSMENT ROLL LAKEVIEW TRAIL ADDITION UTILITY AND STREET IMPROVEMENT PROJECT NO. 635 • B.) WATER MAIN a.) Lateral Benefit from Trunk Assessable Total NW 1/4. Section 36 Front Footage Rate/F.F. Assessment Parcel 027-25 210 F.F. $11.92 *** $ 2,503 Parcel 028-25 80 F.F. * 11.92 954 Parcel 030-25 310 F.F. * 11.92 3,695 Parcel 040-25 !.60 F.F. ** 11.92 3,099 Parcel 050-25 515 F.F. 11.92 6,139 Parcel 010-26 410 F.F. 11.92 4,887 • Parcel 020-26 300 F.F. 11.92 3,576 Parcel 030-26 200 F.F. 11.92 2,384 Parcel 011-27 16.5 F.F. 11.92 197 Parcel 020-27 (Lakeview Trail) 330 F.F. 11.92 3,934 Parcel 011-28 144) F.F. 11.92 1,669 Parcel 012-28 176 F.F. 11.92 2.098 2,947.5 F.F. $35,135 * Assumes 150' corner lot credit. ** Assumes 100' pond credit. *** Rate = $69,600 + (2 x 2,920 F.F.) = $11.92/F.F. . Page 23. 49526.Rpt 3 „ „, „,.... „ .4 F .a tz r,), R.H..§..5"cip9 s. H . H N • Y1 I R a+ 1Q s v '1 � N H g m ���pp M O H f I I 1 9. s I H H 1 kr P., 1 5 I i 1 fil i H H 4 g I 6 if,, 9 ,q. 1 Q u H z g _ y '2:* R A4 g $ F1 H H c S co M v C d' M e S H H i 11 M C H y H .se tz _O �p 0 py pq ^ -a c� c� c� c� � e� N � c°� s H s o 000 78 8 48 g 1111111111 $ N 1 3 Sv N Pi aaaaaaaaaa i / • u re) te k a iS s 403 3 a y 7 y y 00 A 0 o N 0 r a a Q In v v h • N A N s �} C C iA 2 " 8 r a w ' A a al • w :s Q `n v gc CI 4. nt - — -r-- - r----- e 432 k -4 Z I tu It 0 1 I etti tA*A V ,...... s \ co 1 l 01 25 - r lj (-9 /-,,,,Fi..---,5 • --,„ A., -,s ,..--, . • 023-25 ..... '‘i- 027-25 10 •.,7\ .\/ 7 4' 8 'I 2:1 3 4 5 t.r.......4. : ALLAN LA ..........._ .........._ ci i - AV- / / B :e• i C. 0-26 040-95 i t R 01 k 1 fl _ 1 12 34 3 , \ ,.. ..,. - 3 1 070-04 : \ 1, ,, s 1 - - ...- 2• / ' 1 / 1 9,. 1\2' 3 /41114, 090-26 I i /- 1 :, 1 1 ' I P oposed 2 4 3 2 ,, , • S nitary Sewer a . . .. ,.., 5 , 0.30--••::...:3'• I provements . 6 i I I :- , : 3 _;........,..... I i 01 1— 7 \ 1 (:". ......_..... -, / 5 1 4 Ivik!...k°i 2 1 /*/ i 3 ' I I 1 „.T1 3.: A 1 r:11 ifj 7 7 1 8,/ st....,, , 1 —1 — i I\ e'v rri ?yr- A ,.., 1 '1(\ 9 9 i -, ‘3:" '' r.'' ..-; "f !, •, 01 2.-.....e.n i I '‘-' ''' 1 I if, N ''''''''--- i A,it:iipw TPI i ,, :..., i ,„ --- -, 1_,..-,.. . 4 • 1 I 0 • ".■ s / I /— • ,/", \ 1 40 / '' I I ' 2 's .. .. 01 .--28 / 27 i 26 251 2,4 4 3 -:.-,.. I --:1 \ s l ,., wii5/ --,. • -- / j l ....______ti , avi7s, 1 .04113 112\ ....t............j 1 1 --.. kl / ' 1 i C: i -......f z. .•, i 1 . / / I „c \ 1 1 4) i C.-)I I 040—271 1 1 1 21 1 L / * 1 1 C) ' f - i i i 0,50-27 1 •4Y .--, I i i f i 1 i' . r'.,- . 8 8 1 I r•-•-•,- --J / i • i /.----- --___ 1 1 i 1 i 021-2- ,Z, 1 i 030 28/ I/ i / / / / 'P / / 4 :•:;• / 1 i I / .# / / 1 1 ---` / i \-. i krk-y. ., 04;\:-26. " I i f------/ _ — . 0., N i 1 070 27 1 / / 050-28 1 : I ,:'r• I i--.' ii 0-06 0 i G) / en" ,...‹,, 0 I . 150 300 - —1 I c; I I 6*, _____ _L_ lail■I■ME■ ii sow. in fort 010-5'1 i . 0,..-.2?m , .i.. . Lakeview Trail Addition n Boneetroc I • Rosene II Anderlik & Sanitary Sewer Layout Orli GURE 2 Associates Project No. 635 1-4 Engineers a Architects Eagan, Minnesota itt. Paul•Milwaukee AtiWIRCIV) RILlt" Oc II ira. toot _ 49526 k (Z) • -id, Ex. 12a-Water --- r1 — -"-'S---" -;K , 43 r: (; .r.... I i...4 \ t, 4 1 , 2 1 tilt tA: i Ate A ' ilk A 1 Cc Do \ • 6 :010-25 - V 8 4 -1,■. , . —.------- C)2 -251 --.. •NT k- \ • • 4 7 • 2 3 4 51 6. (3 \\,-- 4 z I - 10 8 1 -4-_ A4LANL.A 1,....., • i , • i 13 9 * 040-25 f f ....••••••'^' n •e 1 \\-------- _ 4 aki4r-4 5 ,er a_.1 , ___,... ri ,------ ' ,ORJ j I `,44 / I 1 2 i 3 ilZ. Ptl'ni .4. # , , v •1: If i \ / \ \ i 'd : \ \ -: 1 , . .,*, 1 t 020-04 / 020-26 1 1 ri ,..,,,__A-- 2 / 1 til 3 / 4 rt i • Li i ' \ "c \ ' I : k / \ 4 - \ • .. L-1 I 050-25 1 c ; 5 4 3 Proposed -' 41' 4 t 1 Water Main i I - Improvement- . v 1 . ,0 3 6 I -0 If 1-27 t ' • G . - / 5 i 4 01 2 1 / i : ----i , —I. • - , - i _,„..-- , ,.., i -7 f •.) 1 - i f "10 El i ; , — i• , , \ /AKEW 'N TRAli- APP'''''''' i i A,.., N›, , z 012-2ft-', ' ' i r, i -....,.., ,....-- s . 1 5 .....ph 0 4/ / 7:. f ..\v' 1 \ i • 1. I r I ; ' i k)27 126 2.5 1 , Al 114;:: 14 . I \ ,, i 1 i I 24 ) .......... „„c•Ai ,-; „, • iv-4.117 .1,,, \ Iv.\ . ;... .4.. A... 1 1 • si 1 '^4- : 49 i .......t..„._..1 i \ "s. \\I I I •••" \•' - I/23/ 1 i RoC'" 8 ir)1 1 1 1 1 I i ‘n. i g \ i 02C-•-•28 i 1 IZ)i I 04n I .-271 „•% 1 ,: i i .4 ; .e. , , I , ; /i - i C)30-27 1 ,- i .,-. ! 1 1 f I ,- f –1 -1 t >, i if i f - 2 i 1 f'.'s 1-- ----/• ----._ 1 i I I 021-2- ,, 0:>0 BI le i f I 1. -"j / .<- / f I t I IP '' / 1 1 / s / •••■ $ f\N- kt..0 ,22 OP i it 4 / 040--2a I 1-..... i I ---- iv f i i\it \r Nj I I I • 0 i CJ50-28 i i 070 27 .d 0-06 0 i 1 I cl / i 1 E • <,,,. ;•7 0 150 300 010--•• •1 : -..- ,,.... - ;.J-..—L ' —— — —4-i — Seals in fast ..akeview Trail Addition itl Bones t roo • • Rosen. Water Main—Lakeview Trail/Dodd ad - Ander!I k & GURE 3 . 411 Associates Project No. 635 C61 Eagan, Minnesota Engineer, a Architects St. Paul a Ullwauke•au 49526F03.DWG 25 JUNE 1992 . 49526 S C3 ' 150', CORNER * * *150' CORNER '�F a a LOT; CREDIT LOT CREDIT A z it At R,.. �. !,t 010--f • ! tom - �" • 8 2u 2 030-2 o s_ ut' 023-25 .S • 2 .? 4 ....5 . s ...,... .i.....p27_25 ..,,, •,,, . 10 ‘,....2 8 ' 1 op C * *100' POND # Ir �! t CREDIT f \ - ..\\... .--ati: 1 1 1 I 2 1 3 4 *.fr Lateral Footage 1 '_ _ 'x" - 020— \ \ > ;\1 ` Assessment g 1 1 _ s i i o €1 ,N t I 3 ! /� _ s ; ^ i I k... i -..• 7 %'-� I t ,O ter; ts> .4s �( #y # l.s • 01 1--28 + M /r. ,, t _, `. w I .at # t.4Z ; ` _,...,_......._....i 1 4 1*re f:..a..i. i ' ss° :: 114` 1. i 7 040:'"'.2 (t '"'21 ! t 1 21 1.L'v ; ' 2\ 02:,!•-•28 { } �y� � ` i Q� ,N•CO --'J� f ( "•. ; j 1 3 1 i' L 1 ' � // /•i I3.5� 2! . / # j } f O-fl Li40-.28 -f - / I --"---N / 4.4./ , >, 1/ i } � ;:7_ -;�. I" �z 0 p :13 ;6 Q� —1 t / . • 1 CAROL ST 1 NI i I 010-75 1 ! I i Psis N fest Addition Boneetro� Lakeview Trail Rosen. Anderiik 6 Proposed Water Main Assessme FIGURE 4 Associates Project No. 635 Eagan, Minnesota Engineers ±A,Architects •aenccni num, en a Dar a em Aoc9 cc • C) ,...-------7- i 7 'cc 4.1 .t. \ PT;‘1\1i' 1, , , LP 28 C) 4 1 2 1 tA , \ A ‘ - .." , ‘ , ilAt oo n10-25 -- V' .., \ 030-2'. O. 02325 .._.. _„••• - 1 7A--"-"---, 7 2_114 51" I 6, 1 in \ 0 v,. 8 44 1 1 1 2 3 4 5 ALLAN LA i B \ ie. 1 2 aiKL•4 5 8.1 . 010.-26 040-25 ' -- : IORI I _ ,- . . 23. -i. : 1 4 2 II.., 3 I \\ - i 3 020-04 \ 1 ,1 02.0-2e 1 1 1 0. 3 4 il i 1 k 3 ; L,.....,..._ .,• 7- ,,,! \ 4 \ 1 C \ 5 4 3 .' 2 . 1 . ' , P oposed kr iti Storm Sewer 1 030-2 Fj: I I provements 6 f i - ' 27 rj:,...,, , - . 1 G ..\-•Nfif 5 i 4 bte , i • i ( i 2 : lo ' L \ , -, 1,:-.- , 1 J I 1 I 1 ,; 141061 - c, / 9 , i ,.... , i rk rli I I 1 -') i 6 1 7 .) ‘`•' --•'" ' r‘ lip _ 1 „ LAKEVIE MAIL'AbO -.---, 1 ; 1 0 EpPovp2 , / 5 / ; ‘ '› \ „_, 'NWL • •.0 0 11-..-2s / , _ , >,... \ c,e- n,..., , - /ATER • P' s'.. Qf I y, \. \r -.4-_.1___Ii__ ,112 \ / 4) 23/ I i • `,'0 , / c)i 1 , 1 5 ; ••" , 020-28 i i i "1 11 22 I > • --' : 1 40' i ----: Cl 1 I PLO-27i 1 k Q i i - ' ; .z. ' 1 I . / I POND i , LP-26.1 i 030-27 1 1 1 MVLa•923. 1 i 0 ." ----?-----''''''''---- : ; ATER QUALITY) / ! 1—F,...._ POND v /i i 1 1 1 030 28 I ;-1 --- -7— 1 LP-26 1 ; 021-2 / 14!' f 6NRf 77—P) i 1 ''a . / ••i i / ,e / • . : .".•,.3 / 1 1 WATER LEVEL'\.\ 1 1 . i ,<ii (zy .22 08 v / I i , 4/27/92 / / 4 si / 040—.28 I i•—•........__/ ; 922.05 I C7 Q.- // i I HWLIF•925.0 1 i i I • \., N 1 1 1 / 0 / 050-28 gi r—rn -...--; ;...?ft.; .Z., . 0-06 0 I I c,) , i I el .. . . taisismidate 01 .0-. 1 i mir_t__ ....L L 0 , 1 —— — "'Lakeview Trail Addition ill Boneetroo Anderilic & Storm Sewer Layout (Lateral) t FIGURE 5 , Associates Project No. 635 Eagan, Minnesota Enginws ii Architects St.Paul a MSwaulloas 49526F05.DWG 25 JUNE 1992 MM. 49526 Cc ca ______-----11-- Ls..i \ PO N D k i 0 6: A ; LP-28 C) 4 1 3 2' 1 tAi(10Ati t% \ , 5 i . i 010-25 0-25 04 :1.-,::-,........y>a , 0 , ..,....), ........., ..., 1 . : 023-25 ...._ • : NT k- • 5% 4 7411 2. 31 41 5 i 7 02 -25 10 \ 0 ' • 8 . _........• 51 2 1 • i \---4'..--... . ALLAN LA % i ,• P+P I B \ .---1 Je- i ? ‘,------ i 2 igkisr..4. yPI4r 010-26 040-25 i --------a... %.--........ 1 .------ -- - 2 V)rRI i i * i 1 1 2 3 4 r. iht '---- 1 *, ,.....„..... 020-04 f s \ ;'... 1 . 4$.1., 3 020.^'..26 i 1 1 ,.....,\-,... --\ 1 fit'' 3 4 i 1 050--25 I 4 c 1 3 \ ,• 1 . , ! , 1 5 4 3 1 2 1 •5 ' , _I 1 oposed Trunk i 1 , S orm Sewer _i L. / s. 0 1 1 2 7 I 1 provements G 1 .•-.. r..) ! • . : -... f 1 7 'N5` '-' i -5' ri"--* t - - i I_ 5 1 _..;. .,i_i I i -- f- ; „ 1 l• -zi r 1 "-,„ 1 ; • , ' ; ROUTU)7 A. 01'.) ;.., I 1 1 0 s,) 3 I 7 1,-„,.\. •- i i / .--",---LA- • KE-0Eyte iFFA ILIAbD '---,„ POND i 46 - • ," i„ v LP-2 /NwL C.1 1 '-: —'2s 1 , !„ . ._ i 4. -:', 5. \ , , . cl-•Apr, ., 5 , ATER • P '.. i 21 2 2:)i „, I i i \ ./ , 16 s 4'" s ,.., ity ;Is, : II / . _..., ,.. / < ....,,___ i . /./1" \ 1 7\ 1 ° ' , ; , I i : s, ,. 42) Si . \ \ '-5--L--4.....• ki / -; , 23/ 1 I i I \ \ \I 8 1 i iZf I 1 19 .5 / 020-28 Qi i 1 f 22 t „ ; OY --,4 I 040.-'77 1 1 = „, 20 , I i POND ' k . - $ .. -,-, • ' i L ' i 1 I LP-26.1 7>,'' " .." r r I I 030-0.4 f I I f NWI=923.0 . .-, i i PCiND --:---- t WATER DUALITY) • r' r / ! ' J j-- i LPi-26 i i 021-2- /" , • / I 050-.-28 I/ 1 / ----- VOW 77-P) / i 0 22 I . / I 4/27/92 \\.. 1 i / '<cl \q,- • - v / 40-2 i 8 I 1.......„____/ I 922.05 r A\tt ';?• e') % HWL•r925.0 i I IQ i I I 1 1 1 I 050-28 1 i Q- , 27 1 '0.—06 0 i 0 i Ni 1 1 cl , i I I L-it • I i.2 . . 010 51 t:* -- 7* Snip In fest -- — —.-_ Lakeview Trail Addition ifil Bonestroolb /"."--- I Rosen. , a m Ande & Trunk Storm Sewer Layout cA-0 GURE 6 Associarlik tes Project No. 635 Eagan, Minnesota • Engineer* &Architects SOL Paul e Milwaukee 49526F06.DWG 25 JUNE 1992 -COMM. 49526 .4.., CJ 14. ■••.1 a I i.i ,• \ 0 4 \ 3 2 I ki tAw - At ■ \‘‘„ i \ 8 A \ • p , 1010-25 , ' C\i4 A f," e..... 7PC '44(.2 e•-.. ........ _A\ i ..•• ... \ , 023_2-1 .././\------ 74 .) \ I 1 3 1 I 4 51 1 6. , .7._ ..1„. 8 . 1 2 3 4 10 Zr 1 • . ALLAN LA \ , , 010-2c:- ' % \\ \ % , , \ ‘ , t , t , t , 040-7cs -1 i ! 6 ‘------*._ \ ....-- ...._.....L... . _ t-----..„ . k \ , ---.... •.,...._ 9 , ... 2 r-.4 - ,i ORi i i 4.1 27 W. 1 1 2 $ 4■C Re, Pk 1 •t ss.„ 1% 11 1 \ '/ , 3 it ti 020-04 1 I • z 3 4 :I i 1 1 11 ' 050-25 i k. 4 \ - „i _ _ .... • ,, ' 4 3 2 1 . Proposed ---- , ....,- • kV .4 11 i 32' F— r , e 030—2 Ei; .I 1 t , ,, F■ f / I I \. . 11-2'7 Street Hi -7 1 5 1 4 kle i 2 I 1 I . !, 1..:- 1 'H I 1 < I i ti, (' i IT: rir A , i 1 -7, 1 „ jr; IRi -,, -.., / w 012--2 i 1 i 3 9 6 -,;- I . . I I ' ,,,,,,..,''.1 ' ■ 4i. '' 1 " i ADD: :;>'‘,,,, ,........„N / ; ‘,.,., ,) \ 1 . .,,1 AKE-vigiN IRA- ---- , '\i, -- L...._ —Iii :. i ti , „ 4 • j...„........L.j....%)' 1 r> --li — C Oiliri ri,-.7", ---7----- , flklv .\ r----L-----,--- . 1 , .. _____ kis ii_ i I if ----, .4-/ f 0 \..18 \,/ I : ," \ i ,..„„_. 4 I IZ 1 I 1 I i 020-'28 il ,f i 1 f 22 I 1 . \ ,,.4 i I Proposed 0i, If 0,,ii-1-2-1 i i ? 120 f '.V: e ; 1 I 28' F-F Qii If ' -' --tr= :-,-, " i. . s I i Street 43' 1, 1i i ;;;ps.p--,,,r' I / / II 1 i i < - r i i 11 I/ — f 41/4 I i i I i 1 I I I 4-7 - --- /- i 01-2- ,Z.. i 030-28i, los,' i ../ - i f 1 i I I 1111 -- / r r g .3:f. Proposed i, I i .,' / ..—\. i 1 \ti kL Stree Ligh. il I, 7 ' I \ i I N , , ./&/ e Location 04C 28 i, ,L, I - Ili/ ---- 4ce il a I lc/ NNN c7 fill I I \I 7 i / I . 0 ' 050-28 1; 1! 07 c 27 -..... - t 0•-06 0 i • I 1 1 I c9 i 1 1 1 1 I t-,;,' , I 1 1 1 1 I •;•--> .tt 1 II c: ..?, 0 tea I i , 1 I 1...J i I 23-4? i Sein In fed 1---- 3 — '-- — -- - —.1.— • Lakeview Trail Addition ki Bonestroo ..„.....--..„ Rosene , IN Anderilic & Proposed Street Constructio I FIGURE 7 111 Associates Project No. 635 Eagan, Minnesota Engineers A Architects EL Paul•Milwaukee 49526F07.DWG 25 JUNE 1992 COMM. 49526 410 Ca Lt.. r .ar--4-- . 7--— —--•ks' . : I Li N4. tt 3 2 i fA it le/1/ 028.-25 : • i 0 A 101 0—25 — \ 0 //\ • L.. ____ .30_2 ,23....25 i 329-25 027-25 ‘,.._2. • , k- 23el [ 5 i e, .., 7 * 10 '' \ \9 ... i \ V---- ! F3 \ .. . 9 I 01 0-.2!..) 01(fr....26 ...._..j,_,...._ 040-25 K:„...,,,.... „,.4. , .•;"6„,r_r___ n. il _........._ re ...5' '..- I D20-26 ill \ . ,.Y ,•', I '' .f- -----4:-. \\"4 i 1 `. • 3 ..',.., 40,A.11 . .5 ,4 L. .. I ,,,,,,...,- f , 4 \' : C: ". ‘, ..,„ , t 5 i 4 ,'-(7.:'° , . 1 024--'25 .-..:,75;;—2 f• ,, rs 01 1—?7 -,.., ,,,. I 7-\" /5 i 4ir-A" 2 1 1 / 11‘ , -- IIIMMINt 111=111 i L., , —ammo. I a I . .! - , ,i1-: CiT A i 017?....->k-. v..,S: ' ' i , , I 1 • I „., - • 1 "."' i 4 :.; z: ! 7 ' I ' I . .‘7:,,, ,.:'-1-° 1. ' • I li i '''' 10 ( 9 ..... f...:, / ." ‘ 2,4,\ 0 1 I 27 E1''z: 1/ / 1 1 3 'e r , ..,1ri;1,...,1 Assessment '.‘ 2(' 111°. , 17 \ J -714111112\ ' . \•• . ::...,,, \ -\\18. .....„... \ ,... ...... ! •-s, / 1 -,, Area 221 i i ., 1 1010-.27! :2Li 1 1 i . i 03D-27 ' , : : ,..-• \- _ 010-30 / 00(4Y50!:0...••.•-258 1 1 1 ,A.n...1? . _ . I 1 5'f I i 1 0-26 II I 1 -7 / • e•!,,,„/-, ,// / T i Ns I / , 028 k 1 I 4I022.--- / 0 / c,) , I / i 010 • • ...._. ..... 1- ..,_ N i 1 1 CAROL ST i . tiamimsmil00 ' Saab In font Lakeview Trail Addition iiii Bon eestrooll Rosne . Anderlik & Proposed Assessment Area FIGURE 8 • Ill Associates Project No. 635 Eagan, Minnesota Engineers a Architects St.Paul•Milwaukee 49526F013.DWG 25 JUNE 199 COMM. 49526 ___ uirrit► nu _ _ _ _ _.... i morilli__....1; "a ref y : ,...._... t Est 0 t. ."/.li;/ •-.4%, ;1, .... ,..... f'; dr #�' ' «s ,P 1� .. ,�' 'T: Its. ma 7 li I 'V.-7i\ 12' 'I '--\.. :< mow I 4 j f VV J � } ,�% s �- t� ."' is - r:':'•1 ♦� .r t `���( f' A_,-\e- t i i! /. I 1111 Z ' 1 f (CO.r....r...... ,,, i,,/fi__,c....,h :::,, i .1_... :,Iii ,,,k,dolttdtt,„\\* ,7,Lii,_....„ .. , \\i , 1._.:.iii/i _ 1 l' 1 I 1-. 7.. -- ' '—'7 ;.t 0.i0 411 -t .11111P..-.\‘` i . . . . ' """1 7P;:.:-,-.„.'.."2--1 I// i f,-- RO. 32) . �``, \t ._ /�. CUFF RD ..-.-. J . 4 I i 1.........'^_ ._. i# iiik: i.. ,�!# sly , -. ; .... Lakeview Trail --. ' ` ' ' r�;.... :..: 111, Addition 0...",. V� eal.." Manor Lake.... t0 i }... ...1. il I COUnty c. € } < `; ;' ► ♦ a,�mos = Weston Hill: I # ,�- ' ,'� x`1,:0 i�t ; Addition • .1.. ,......._ ,.....,_., ..47:.-.7.7.7. 1.—f..--, • • .. s—.— -4.- Po i i g :. , 4 le day'1 I I i Ilt.. I I I C 1 .1...; t. , 1 i t I .__... III I I i ........ I .--- 1 Nj 1 i 1 / 1 1 ri 1 i 1 i L—..,_ i i Existing Trunk Main 0 'e 1200 ---- Proposed/Future Trunk Main s°" n 'a` litakeview Trail Addition—Trunk Water Main il Sweet roo . Rosene Trunk Utility Improvements FIGURE 9 AAssoce iat s Project No. 635 Eagan, Minnesota Engineers &Architects 9 St.Paul•Milwaukee 49526F09.DWG 25 JUNE COMM. 49526 MEMO TO: FILE FROM: MICHAEL P FOERTSCH, ASSISTANT CITY ENGINEER DATE: JULY 30, 1992 SUBJECT: CITY PROJECT #635, LAKEVIEW TRAIL ADDITION NEIGHBORHOOD MEETING On Thursday, July 16, 1992, at 6:30 p.m. , Mike Foertsch, Assistant City Engineer, and Mark Hanson, from Bonestroo, Rosene, Anderlik & Associates, met with the property owners affected by the proposed Lakeview Trail Addition street and utility installation improvements. Following are the names and addresses of the individuals in attendance at the neighborhood meeting. NAME ADDRESS 1. Richard Buchan 4695 Dodd Road 2. Clarence Reinke 4732 Dodd Road 3. David Forsman 4640 Dodd Road 4. Stuart Weierke 4675 Dodd Road 5. Dale Tessmer 4650 Dodd Road 6. Bob Hawkins 4711 Dodd Road 7. Ronald Rosa 4665 Dodd Road 411, 8. Dave May McDonald Construction 9. Nancy Gustafson 4822 Dodd Road After a brief introduction by City staff, Mark Hanson explained the details of the Lakeview Trail Addition improvements. Mark started his presentation with explaining the extent of the Lakeview Trail Addition improvements with respect to streets, storm sewer, water main and sanitary sewer. Associated with the Lakeview Trail Addition improvements is the installation of an 8" trunk water main along Dodd Road. With the exception of one individual in attendance at the neighborhood meeting, all of the attendees were more specifically interested in the construction of the 8" trunk water main along Dodd Road. Generally, their questions were as follows: • Why is water main being constructed along Dodd Road when the residents have not requested it? Response: The water main is being constructed as a part of the City's overall trunk water main system. The water main is being connected to the existing water main in Cliff Road and extended along Dodd Road to tie to the Lakeview Trail Addition to provide a looping of the water main system which serves the southeasterly portion of the. City's water main system. 614 1 • Why does the City expect the residents to pay for a water main 110 installation that is solely for the benefit of the Lakeview Trail Addition? Response: It is the policy of the City for all adjacent properties to pay for their share of the cost of any street or utility which abuts their property. The water main construction in Dodd Road is not a specific benefit to .the Lakeview Trail Addition, but an overall benefit to the City's trunk water main system of which Lakeview Trail is a small portion as are the residential properties along Dodd Road. • Why not put in the water main in the future when sanitary sewer would be installed and the roadway would be upgraded? Response: The water main is needed at this time because of the development that is occurring in the southeasterly portion of the City. • What side of the road is the water main planned to be located on? Response: It is planned to be located on the east side due to the fact that the existing trees and topography located along the west side would make it more difficult to install the water main on the west side versus the east side of the road. It is recognized that there may be some utility conflicts (gas 411 line) , but these details will be worked out with the final plan preparation of the proposed water main improvement. • How was the rate developed for what the residents were proposed to be assessed for? Response: The proposed assessment rate for the lateral benefit of the water main being installed in Dodd Road was calculated based on a 6" water main cost which is being installed in the Lakeview Trail Addition. The 6" lateral water main cost is what is required to serve a typical residential development. Since the properties along Dodd Road are considered typical residential (except for the lot sizes) , a 6" lateral benefit water main cost was calculated. • Why does an 8" water main need to be constructed along Dodd Road versus a 6" water main? Response: The oversizing from a 6" to an 8" water main is needed for the overall City's trunk water main system. 2 • Are water services proposed to be constructed with the installation of the water main? Response: Water services are not proposed at this time because the City has no indication as to how or what size service each individual parcel would require. • How were the proposed costs allocated to each parcel? Response: The City's Special Assessment Policy identifies costs for this type of an improvement to be allocated on a front foot basis. • What is the interest rate proposed for the assessment? Response: The interest rate is based on the bond sale to finance this particular improvement. Typically, the interest rate for public improvements is around 8%. • Are there any provisions for prepayment of the assessment or shortening the assessment term? Response: After the City Council authorizes the certification of the assessment amount to the County, which happens at the final assessment hearing, the property owner has the opportunity to pay off the assessment in its entirety for a period of 30 days without interest. From the date of the hearing, the property owner has the option to pay off the assessment with interest calculated from the date of the assessment hearing to the end of that calendar year. The term of the assessment is typically. set by the City Council. The City Council has negotiated an assessment term in the past. The residents were advised that they could suggest a length of assessment term for the City Council to consider. In general, the residents in attendance at the neighborhood meeting objected to the installation of the trunk water main along Dodd Road. In addition to the installation of the water main, the residents did not feel it was their responsibility to pay for a water main which they had not requested in the first place and was, in their opinion, prompted by the installation of the Lakeview Trail Addition. The meeting was adjo ned at approximately 8:30 p.m. . Assis ►.nt City Engineer MPF/jj 3 6A0 Agenda Information Memo August 4, 1992 City Council Meeting HUNTING PERMIT ISSUANCE A. Issuance of Hunting Permits in the City of Eagan—At several points in the past, the City Council has indicated a desire to discuss further its policy of issuing hunting permits within the City as the community becomes increasingly urban. The item of business immediately following this item involves applications for five hunting permits and raises the issue of this policy question at this time. The Police Department is preparing background information and discussion relative to this matter. It will be distributed with Additional Information on Monday together with any recommendations for the continuation or modification of the City's policy relative to this matter. ACTION TO BE CONSIDERED ON THIS ITEM: To continue or modify the City's policy regarding the issuance of hunting permits within the City of Eagan. • • cAQ • Agenda Information Memo • August 4, 1992 City Council Meeting HUNTING PERMITS B. Applications,Hunting Permits--Applications have been received of Larry Becker,Shawn Becker, Richard Maurer, Jr., Rebecca Maurer and Fran Rudolph to permit bow and arrow deer hunting on agricultural properties located at 3370 Lexington Avenue, 975 Yankee Doodle Road and 240 Lexington Avenue in Eagan. Copies of the applications are enclosed on pages l through jfor your review. City Code requires that any hunting within the community ccur unde� permit only and that the City may n tY p y ty y de y an application for hunting if it does not serve the purposes of wildlife management regardless of whether the application complies with all requirements. At the Council's discretion, the enclosed applications are in order for review at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny applications for Larry Becker, Shawn Becker, Richard Maurer, Rebecca Maurer and Fran Rudolph for bow hunting of deer at the above referenced locations as presented. • 0 Ic4 II SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT 1. Name: leii, /- r • IV. 13 ec 41-W r 9-5-Y- cr 3 5/..5—' 2. Street Address: 3. City/State/Zip Code: q 7.5 ytA kee dUcc/e ecl L---7-0, 0k A-7 /l'pi. 35/z, IMPORTANT INFORMATION FOR THE APPLICANT • Applications will be considered for parcels of property of five acres or asorekgly and zoned*agricultural.* Hunted wildlife shall be deer(daisy,goose,duck,pheasant and partridge only. Exceptions to this policy will be the prerogative of the Eagan City Council. The ma:dmum dates of the season for each wildlife bunted shall coincide with the bunting dates established by the Minnesota Department of Natural Resources(DNR). The Eagan City Council may,at its discretion,reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special bunting if the permit does not serve the purposes of wildlife management,even if the applicant has complied with all of the,requirements. Any bunter listed in this application may hunt only when accompanied by the applicant. A cony of this permit and appropriate l dentlt cation must be carried at all ti 1.es for verification by the Eagan Police Department 4. Property Owner's Name (written permbsiog,from the Rropgrity ownertust accompany this permit application): R I c h.%•-d [ • L'1'I V',�v- ,�(i • fr.c.G�.0...r It. v c4J-44 Petty cr.� j,.rry ccc}ry C1 .A. i ‘ j.J� 64. .4. err i_ r � r1�s �.'- r -_say i..1_wlr Ili_ S. Property Location Description: ` " / -tike 0 c d r r /-ci € c�`/ct v' 14-e '1 • S3/? I /2 C' /�G o'r S Y `, 3 '3 ,c. ceXr ,ccrc- ,i-ocz ccy4H ti,u, 5.5121 5/v 4c1✓�'S I2 Z (IT Cox;- (,. 1., .4t.11.:7 kl.'.y a 11 v"it w, 95"/?..7 /c) acres 6. Type of Game to be Hunted: 7. Specific Hunting Dates: 0 Re...9, I a. .-- AHA, B Q LA; ; ''.c' >C'N M_ - / I .. _ _1.1 A,. . A. ....-" I ..(. 111 \ 1 nom+ IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY 1_ _.. L 1 / L Name (Beginning with the Applicant): 9. Address: 10.vehicle , � N . 5 -/2/ 10-CDq t- h w r __ - -. _ N J•"" __ 1' .L . .v ._7_1___ .1U.,_.1--S 1 , IL - 71, ..-... __] J- L_..- ,L 11. Police Approval/Permit No: 12. Approval Date: 13. Expiration Date: 1 93 • SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT 1. Name $ c,: ti t3 ���"� ' 2. Street Address: 3. 017/State/Zip Code: ;l ? 7- yct k r: i�c; jt �� — -,1cNJ M∎1 r,+ . 337 2 / Ili IMPORTANT INFORMATION FOR THE APPLICANT Applications will be considered for parcels of property of Ore acres or naoreaggh and zoned• • Hunted wildlife shall be deer(ram■■niil,goose,duck,pheasant and partridge only. Exceptions to this policy will be the prerogative of the Eagan City Council. The maximum dates of the season for each wildlife bunted shall coincide with the bunting dates established by the Minnesota Department of Natural Resources(DNR). The Eagan City Council may,at its discretion,reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special hunting if the permit does not serve the purposes of wildlife management,even if the applicant has complied with all of the requirements. Any bunter listed in this explication maw bunt only when accompanied by the applicant. A copy of this permit and appropriate 4. Property Owner's Name (written Pe i Uo�n%i er must accompany this Permit application): fc he-r J r° ill,ti,,. .t r _77 .f 1 /� AL- fy e..A.� Tiv✓y C�•-scy �v c 1,cA,11-4 5. Property Location Description: 33 ,i. Lt'Kr :- -c v 1-thr &A.6.A.n.; "el vI. 55/Z / 41 L: AC VC ?7 1'1‘..Ak-et Pc.d/c r4 C . L ••a-t 4 . 53 /e, (Z,-: frfre , ice! LeX.c._/(.. v h: e.A t AA- vt4i'1. - --.5".-i 2?) '-lu /c re5 fl__ ". .-. ... ` 1 ! - ..IFIq/___... _ ,1......fill/1I._ _. 11..... 6. Type of Game to be Hunted: 7. Specific Hunting Dates: C) — b r / i - t ��Ste, if, y.,, k, ,— rvi c,,, t„' Y! ...,.. $ - AI_ A I .1 ,In 4.31"I Ilif_M. I / I/ ■I■ID.�11. IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY I l l L.,/ - /. '1 _.... I _I 1.-!'I 1 1 I■"_P M,/ i I 1 A I I S. Name (Beginning with the Applicant): 9. Address: rr 10.Vehicle• 519Aw '.kj v_lcer 7 c y«vi kte Acrid( /?L. License# • 11. Police Approval/Permit No 12. Approval Date: 13. Expiration Date: V5° s SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT 1. Name: I vi 4tz V i/ 7 2. Street Address: 3. City/State/Zip Code: 3 -)0 G eX(.tic iT; 4-t;t- ec)a A L1'/ . 5572./ IMPORTANT INFORMATION FOR THE APPLICANT Applications will be considered for parcels of property drive acres or asoremix and zoned 'agricultaraL• Hunted wildlife shall be deer(bom ill ,goose,duck,pheasant and partridge only. Exceptions to this policy will be the prerogative of the Eagan City Council. The maximum dates of the season for each wildlife hunted shall coincide with the hunting dates established by the Minnesota Department of Natural Resources(DNR). The Eagan City Council may,at its dba,etioa,reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special hunting U the penult does not serve the purposes of wildlife management,even If the applicant has complied with all of the requirements. Any bunter listed in this application may hunt only when accompanied by the applicant. A copy of this permit and Appropriate identification must be carried at all times for verification by the Eagan Police Department. �Pro ( er's Name (w�itten permis on orvner,esust accompany this permit application): CL'Y. / �.. �VI L',,.tr t.- ..�• �� �• V�li.C�fl"ytf�- p4..t`t y e.vtek it r r y <<. 1 t-/ 7,4,-04 fir^ (J 4'Ci GPi��(��� �,(. -�,� sz:.cr ern-. __. ws,rlr_�� S. Property Location Description: 4�3 4.; Lc io.L 6. re— 4,,,,-- (� e r,,�a,: b.-�v�. y3,2 i �/(j /�/1C r�°- 7 5 y,"..,t C C Y G i Q'r 42. L cl�Lt�i k i S� Z / �2,C ,4 -l'f 3 av�' C�'X, (.7t,{. .,f-t,, £et)A c-, r�H ' .5 3--/2. 3 f/c,, �' C re S 6. krPe of Game to be Hunted: 7. Specific Hunting Dates: 1-Veer- G7., Cc--1 K',CG�-� i�H c �E�4k.SG� r f� y � � j • J_.' .. 11.d-. I. A. ,...I,_ �. ._1 t' I _.b" A - - _r .\i PI 11111111111111111 IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY A. - V �_ ,.J .. / L]. .... _ I III_.. 11/"_" A-/-I I_K.. .Jall._MI '_ S. Name (Beginning with the Applicant): 9. Address: 10.Vehicle Rick:.w c.. p, V''I c .,„v- er- 3 l' . 3 3 , LCX/ic,e-72r:� A-u e- License # E-6,7kli, rvt f1 , 5-3—/L./ 662.1-06 Or 2/30 -3 n 1. Police Approval/Permit No: 12. Approval Date: 13. Expiration Date: 1.o\ SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT 1. Name: , Ii{� G4 a. LA. 4 / 2 - s y- z7 2. Street Address: 3. City/State/Zip Code: � t1 t;z)C'//1/4“,k-r( 4—(457- ?41-6-,9,ry 4141 1. 5 1 ,` IMPORTANT INFORMATION FOR THE APPLICANT Applications will be considered for parcels of property of dye acres or aorepg and zoned'agricultural.' Hunted wildlife shall be deer(1MrmvsrtlN,goose,duck,pheasant and partridge only. Exceptions to this policy will be the prerogative of the Eagan City Council. The maximum dates of the season for each wildlife bunted shall coincide with the bunting dates established by the Minnesota Department of Natural Resources(DNR). The Eagan City Council nay,at Its discretion,reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special bunting U the permit does not serve the purposes of wildlife management,even if the applicant has complied with all of the requirements. Any bunter listed in this application may hunt only when accompanied by the applicant. A copy of this permit and appropriate ,• , , , .: _ 11 ,, T , FAgan Police Department. • 4. Property Owner's Name (written permissign from per Ter'sust a pang this permit application): P- e F t I e r✓• / CC♦s e y , 'l.4-2.44 C 1.7 .".t" -r. .,i __T ∎r1. s' ,1 .r.� S. Property Location Description: 3 3 7 L ex/.1,' Tc ,Q y. A6-4"v • ss I Z./ d ,4 c f.e5 y(4 k r bc,djc pd. v 4 1 v v% , j3 12 i 2.4/ 44,ke, A "" . ".. ,"_. '�._, 'I _ -. II! /I IAU AO ll" _�--' 6. Type of Game to be Hunted: 7. Specific Hunting Dates: • e ((Its/9,,(ck r (.;ct 1 S?t fe , _ ...1.. I _ • III.. ."IJV_W 1/f-! -ITV'4MI 1IA IDENTIFICATION OF AIL HUNTERS IN HUNTING PARTY S. Name (Beginning with the Applicant): 9. Address: 10.Vehicle • In e r C C cc T, C4/1 u r Q v- 3-3 70 ( )(i,(/ '7 / 4-<124 -7- -c y a Liman* L."-- <«, `-4 - 3 6 ($1z— FA 0k V30 '8°2 11. Police Approval/Permit No: 12. Approval Date: 13. Expiration Date: • SPECIAL HUNTING PERMIT REQUEST FOR THE PURPOSE OF WILDLIFE MANAGEMENT 1. Name: —► r CX IA e, R.I. do Jr c r Z - s fe-91 t75- 2. Street Address:` ` t' h`^C t ( ,/► 3. City/State/Zip Code: C y ' ' k 1 d t� L cc1 i g0 vl . 51 1Z N IMPORTANT INFORMATION FOR THE APPLICANT Applications will be considered for parcels of property of live acres or on and zoned'agricultural• Hunted wildlife shall be deer(Irmo■ri 1,goose,duck,pheasant and partridge only. Exceptions to this policy will be the prerogative of the Eagan City Council. The maximum dates of the season for each wildlife bunted shall coincide with the bunting dates established by the Minnesota Department of Natural Resources(DNR). The Eagan City Council may,at its discretion,reduce the season for each requested permit within the DNR season. The Eagan City Council may deny any application for special bunting if the permit does not serve the purposes of wildlife management,even if the applicant has complied with all of the requirements. evv hunter listed in this application may bunt only when accompanied by the applicant. A copy of this permit and Appropriate identification must be carried at all times for verification by the began Police Department. d. Property Owner's Name (written permiss)pp�✓ !'� must accompany this permit application): cl.,;r ci. li, G''l :l.4 Y L,^ ,-, it G tcsr •fr.,al 91 elm,.,�e� e cf., 6 i ty el.,..{ Terry <<'•S i Jg ? 4K`�-e< Q, r S. Property Location Description: 3 3 7L tt , , by 4jC &A.--6-4/v 4:44 pi. 3�•/? / 1/c, A (. 1'13 ? r.., v, (t t r b�c et le tl'd £'c`>c (A.i 1 . .53-/ ?j I Z'' /1-c re 5 3 2r4` Gt.'( .14- Jc 6--/tJ "t vl . 3-J'/Z 3 yJ As ,- A.. 1'_ _ _ _ 1_I.A. J_._1 I A_, 1. .__J _IA_. ._IIt_.Ilk I / I,Ii►.f 6. Type of Game to be Hunted: 7. Specific Hunting Dates: ot21- .L y j v.] + 4 r fr c ./ Ci e L( h- i i L t t � c L� / // 5 C J c'Al IDENTIFICATION OF ALL HUNTERS IN HUNTING PARTY L Name (Beginning with the Applicant): 9. Address: 10.Vehicle -F7^:� 11 p, d c 1 l , -)5. /mit k e c DJk /CA- Lamle c,l c' pi lei k ' 53` 2 / 1. Police Approval/Permit Noe 12. Approval Date: 13. Expiration Date: 03 Agenda Information Memo August 4, 1992 City Council Meeting PICCOLO'S ON-SALE BEER LICENSE C. License, On-Sale Beer for Piccolo's/Wallace J. Boudreau, 4162 Pilot Knob Road— Enclosed without page number are copies of a revised liquor license application and Police Department investigation relative to the beer license application for Piccolo's Pizza at the above-referenced location in the Hilltop Shopping Center. You will note that Patricia Ann Boudreau has been designated as the manager for the restaurant. Under the circumstances, the Police Department has identified no reason to deny this application at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an on-sale beer license for Piccolo's Pizza located at 4162 Pilot Knob Road in Hilltop Shopping Center as presented. • • • L® 41, Agenda Information Memo August 4, 1992 City Council Meeting VARIOUS VARIANCES/RICHARD SKINN/HALLEY'S 1ST ADDITION A. Variance, Richard Skinn, of 20' to the Rear Yard Setback Requirement and a Variance of 50' to the Required 100' Setback from Property Zoned Agricultural; a Variance of 7' to the Required 20' Side Yard Setback; and a Variance to the Curb and Gutter and Paving Requirements for Lot 1, Block 2, Halley's 1st Addition, Located in the SE 1/4 of Section 36--An application has been received of Richard Skinn for the above referenced variances to permit the construction of a pole type and construction building at his property at the intersection of Biscayne Avenue and Gun Club Road. For additional information with respect to these applications,please refer to the Comity Development Department staff report which is enclosed on pages (O(othrough /mun� for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a 20' rear yard variance, 2) a 50' side yard variance to the required 100' setback from property zoned agricultural, 3) a variance of 7' to the required 20' side yard setback and 4) a variance to the parking lot standard requirements of curb, gutter and paving for Lot 1, Block 2,Halley's • 1st Addition. • SUBJECT: VARIANCE • APPLICANT: RICHARD SKINN LOCATION: LOT 1, BLOCK 2, HALLEY'S FIRST ADDITION (SE QUARTER SECTION 36) EXISTING ZONING: LIGHT INDUSTRIAL (LI) DATE OF PUBLIC HEARING: AUGUST 4, 1992 DATE OF REPORT: JULY 30, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a rear yard Variance of 20' and a side yard Variance of 50' to the required 100' setback from property zoned Agricultural, a Variance of 7' to the required 20' side yard setback, and a Variance to parking lot standard requirements of curb, gutter, and paving for Lot 1, Block 2, Halley's 1st addition located at the intersection of Biscayne Avenue and Gun Club Road. BACKGROUND: The 123' x 246' site is zoned Light Industrial, however the City's Comprehensive Guide Plan calls for D-I Single Family (0-3 units/acre) development in this 1111 area. The south and east property lines abut property zoned Agricultural. Biscayne Avenue and Gun Club Road are gravel-surfaced City streets. COMMENTS: The applicant is proposing a 60' x 104' (6,240 sq. ft.) pole-type building to be used for storing snowplowing equipment and a six-stall off-street parking area. The City Code requires a minimum building setback of 100' for any industrial property abutting agricultural, residential, or public facility zoned property. Mr. Skinn is seeking a Variance of 50' to the south property line and 20'to the east property line from the 100'requirement, a 7' Variance to the 20' minimum setback from the north property line, and a Variance or exemption from the required parking lot standards including concrete curb and gutter and paving. The applicant is proposing a gravel surface without curb and gutter for the parking and drive aisle areas. If approved, this Variance shall be subject to the following conditions: 1. The drive aisle and parking areas shall meet all minimum setbacks. 2. A landscape plan shall be submitted for review and approval. 3. No outside storage shall be allowed. 4. All applicable City Code requirements. . /4"4.1, r Sa,In J4 I • r A6 I(( E 45'4 h t.:il 411 , c\�\�NIIIRL 1'J' ¢ 1CCCi1��� r�,�- — t�° ` �1 I 0 @ Iii 'l III) ( r. —II l -,f,}6 -J44,I�aa I P r i )01'4,-,AL.'. q1:1, /AI'. 1 t_ r 1 l P-., , bl ur,?', ' NW ,� NE . - . CIf11 I Z ? �, LOCATION �A > - .: ._ -.- Atli§ V.Zi R 1P ) Ptt a per' rr 1 I 1•• SW _ .'l,. j/7,1,1, ';ai,dn /J • U . Iliti k V■ R-I ..s,..... _...,:lia.... . m■►� H� _ i `" -R 2 (r 1� -, 1 ii -"...z-,!. --•'% -•. ---•-: --- 'r 7) :t ZONING ��� - j �, v A .� . A 1,AS ;:-.F L . -,,,,.5,t... i iMi. : 4. GA TZXE O'` f> sV ` ''. , •11111 1 i• A 3 1 A ►1 .- R23w__ II di."\ ..A............ -..."'7..i' 17: GUIDE PLAN =_ D-1 - _ • • 0 \, • .1 • ....,...._ ____ \ , ./ (/ _ :.-.,,- --,_., v•-,j ,4., / , FARM ROAD , , PAR ', . / ) , .. 02 ' / ./ ,s• / • , 4, i 0/ 010-82 ':..... / 02 / .1. •z- .: .. ' v• . -t • /' •Z- 4..D / // -2- , ,/ , ..- / /1/ 015-76 ,,/ / , ,i-- / - - ., - a;:.• . . c.) / Fr , ?PG 75 ' S :5 / •rs, .. tr W 0...... > V ■ . .1 . 021-79 2 _. 1 ts _ ( _ z . . . .• ::::::::::•:....:::,:•:-.:•.....:•:.:..:•:..:•:•:..:.:.:„:•:..:•:.:.: , • 7,: . •••••••.„.„.•,...................., . .....„.••••••••••••„•.•...„.•........• .- • ••••••••.•..•..•............. =/. GUN saa?! : C L.U St •ISI ___... ...„.• vs* 1 ................ "°'‘. ...". ...:%.*N.,..\\ • . VOS Certificate of survey lui : SIGMA SURVEYING RICK SKINN SERVICES INC. !�+>���� o )�+S1s�l • 1911 Seneca Raid • Suife E.• (612)Iout S07 Now a Address: S94- H,.ron Cow.{ N. .452-3461 h, B64- 1414 to. N — — — —oe- So°oz'n"w (73.00 d S{iOra;,ae. d u1:Osj Erie.,.„{s1 i ` — — — 33 1 rX1el.s ; j ; 1 4 ' ' 1 . Io l ri 121 3 1 4 . tb I ' a 19_8: I 1 1 4,r 9 �•` t F ` • . 4,1 ' r, t Lpi1 11 H yny�d u: a • ■ g CO — E'� o r Buell i >'C k>e-;4 ��-F• j X U _ 1 '.\- ..'-, I1t 3 N J :,•. -t \ " �F,•• •• NCO r Ty• °. 3 ,P yi ku ..,\(.,,ill\ 1 1'saw.), 1 •. t„'.. ( /gale it,* O ct I�.go-ry'•4,0.0, j�' '1� 5.0,..14,1___ { 1<.I \ 7. Cx to0.0) Se4y k \\\ c.1/4 X3'2 41/4 o �^ `f ) :D r PI it i'- S4 Qt tits,;\ Q��, X .�ek t*�o`∎'> k IV W I 10 I 4 c90. 60/ Or;oe.43 1 33 ac•vx =No°o2.'I1 7,.Eo ,- in.00 —1 tr1 i x X4D3 ■ 1n M )d' e-x:si:.g Gravel. Reed toe o E�ti BISCAYNE AVE . — �x1,,-. 4_ � 4,- t' , ;q Sealis"--Itiroeit ro Mo...n Z , k 90 9.(0 Oi Gene{es Exisl•.1 Spof Ele1,s (lc 59. - Oe-Aoies Proipose4 See{ et-u..5" I -PROPERTY DESCRIPTION- - -SURVEYORS CERTIFICATION- __ . I hereby certify that this survey, plan or III Lot 1, Block 2, HALLEY'S 1ST ADDITION, report was prepared by me or under my according to the recorded plat thereof, direct supervision and that I am a duly Dakota County, Minnesota. Registered Land Surveyor under the laws of the State of Minnesota. • Date: 6�4Z 10�( iaynordes, Minn. Reg. No. 14675 Revised : Jt,I.J Z1, 159Z P(opo:ed Park:9 Bld9. • a.,d Exisf4.9 Eev's, Agenda Information Memo 1110 August 4, 1992 City Council Meeting SPECIAL USE PERMIT/STEININGER CONSTRUCTION/CONCRETE RECYCLING B. Special Use Permit, Steininger Construction,to Allow Continued Concrete Recycling in a Light Industrial Zoning District on a Portion of Parcel 10-01300-012-26, Located in the NW 1/4 of Section 13--An application has been received of Steininger Construction for renewal of their special use permit to operate a concrete recycling facility on property located at the intersection of Highway 149 and Yankee Doodle Road. For additional information with respect to this application, please refer to the Comm ty Development Department staff report which is enclosed on pages through I ( for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit for Steininger Construction to allow continued concrete recycling in a light industrial zoning district on a portion of parcel 10-01300-012-26 as presented. • • SUBJECT: SPECIAL USE PERMIT (RENEWAL) • APPLICANT: STEININGER CONSTRUCTION LOCATION: NW 1/4 OF SECTION 13 EXISTING ZONING: PD-LI (PLANNED DEVELOPMENT-LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: AUGUST 4, 1992 DATE OF REPORT: JULY 29, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit renewal to allow for the continued use of 3.5 acres of undeveloped industrial land for a concrete recycling, processing, and stockpiling facility located west of Highway 149, south of Yankee Doodle Road, in the NW 1/4 of Section 13. COMMENTS: The applicant initially received City Council approval for this use on July 18, 1989 subject to annual review, as well as other conditions which have been met. The • applicant's permit was renewed by the Council on July 10, 1990 and July 16, 1991. Staff is not aware of any complaints regarding this operation. The operation involves rubble concrete. When the concrete has accumulated to 20,000 cubic yards, a crushing plant is brought to the site to reduce the rubble to reusable Class 5 aggregate. The operation utilizes approximately one acre of the 3.5 acre site owned by Gopher Smelting. If renewed, this Special Use Permit shall be subject to the following conditions: 1. Dust control procedures shall be utilized. 2. Hours of operation shall be limited to 7:00 a.m. - 7:00 p.m. Monday through Saturday. 3. The operation shall be subject to an annual review. If renewal is denied, the applicant will be provided with a six-month notice for termination. • Po 1 ! _ ' 7 . a on.raOrt ..-.."" .;• ' .. . ....I '•...-",,A d, ..... -Zak .CI. -- —.--..... sa . .......j.‘; „e•----.---:--- ......•.......-... - • i ig 114Aarli I 1kt - . Inman a 1 0 . • . rip'.:..T.I . . . . NW \NE el . . ir----- iOMER MD t _ . 4. ... ..,..._,,,- 3____ .. L.04.erpot4.1 . -1_Z` Or-- IIP■ 0 ... . \:„.... : : le v 4 -a L. ...._ • . . ,in,1 u , F-4= ,.... --...„. __...,.._ -.iv, -... INN -17- . I II I I I 7= .''-f ':::- :;;.''' ,..". •r?mme -■No —F-D= Elm -mr --.---t. , . —■a_ja ma -- omail/BarVma — ::::" e2", _z.....• p1111 -4-zw• bt `-3-"• .:-.-:14L_ .-'" ri__..• s•a •&pi I r ZINO l I t■al G 1-74:( Z.V.Ar-witutocei .. t th 0 / __. ..;,-,.. s, vauso• ‘ :.• . !,6:.--iisa In. - -.tn. ft, ADO :- a<: •1::..... . 1 I= :-9I -rAta ”. III . - • .i "••- ll P;,, i,........a I i., •.I IIINWIMMIA I '3..' .,-11Z 10111• Wilitak,Nrin„..- ..1( , -z,..,.... •••••-----Ni .■ ....•,:-, le ;.:. ....z._. .14,... IL'.= -.4:.;.:::: I .1t5.1.1111.11 D.41 • 4,-..._ . • ,. .. , . ., 11 r, twice,' I. ,iii -.LI. . ir Wilk .1.— I -1 •- \ I Mtge ha- ul:obi idtil\.7. ,,r_. , ,1 P. ... • , -.,-3.-r, • ! 9 ik , wIle-flt...,1 tA l t) n4 p/3 ) ak . •rhis...-.. imNal_ sa, • n . r------;\ • • PIE. . I.I. ,•••i.•--/ ft, w • z..... 1E,1. I "..11P-1.1 7 7..r: • 1!:A . ., :. . _____ _ --- • - \ -)._. • 0•SWIM ell • `, r., . ,' N • I •M' ' J 12 e a MIMI:1111=NM Wl .P SSW 5A M/_Y.l{Air.a• r. r o . a w ei i N o p J O' � • ; C • nit IMP till° . AL . r _ . • 41 ' .., . . IA . S • A :, , ii .:, 01 ' ... ..... , 21 Iwo ki ,.... uL V s •• .. 0 dx 3 g liSil. 1 • s • • Ili 1 Agenda Information Memo Ill August 4, 1992 City Council Meeting GRADING/EXCAVATION PERMIT/WEST PUBLISHING C. Grading/Excavation Permit, West Publishing, for Approximately 12 Acres on Lot 1, West Publishing 2nd Addition, and Lot 1,Block 1, Lembke 1st Addition,Located along the North Side of Wescott Road in the SE 1/4 of Section 13-At its meeting of July 28, 1992, the Advisory Planning Commission considered an application from West Publishing Company to permit grading of the former Lembke property together with portions of West Publishing's contiguous property along Wescott Road. For additional information with respect to this item, please refer--to the Co I il u;'ty Development Department staff report which is enclos d on pages\( through i . for your review. Also enclosed on pages t through is a copy of the APC minutes relative to this item. The APC is recommending pproval with conditions as outlined in the minutes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a grading permit for West Publishing for approximately 12 acres on Lot 1, West Publishing 2nd Addition and Lot 1, Block 1, Lembke 1st Addition, located on the north side of Wescott Road as presented. - i..)(3-•:‘- e, L-P-0,34-Q. R.,‘..ervv,_ t 11 _ c......-t- ,s-k-- ........ ..%. ,..L).,,--k -4,..s., ir--03,5... ,, ,' -. „„A„ do t ci .\I.40-,31_, --k---3 .1._ 3.)....„1.cL ‘c. • 'k L-(— MEMO TO: CHAIRMAN RON VORACEK & PLANNING COMMISSION MEMBERS FROM: PLANNING & ENGINEERING STAFF DATE: JULY 21, 1992 SUBJECT: GRADING PERMIT - WEST PUBLISHING COMPANY West Publishing Company has submitted a grading permit application on Lot 1, Block 1, West Publishing 2nd Addition; Lot 1, Block 1, Lembke 1st Addition; and Parcel 030-78, all in the Southeast 1/4 of Section 13 . The grading permit public hearing is necessary since the proposal contains unplatted land and the potential to move over 100, 000 cubic yards of material. Typically, a Conditional Use Permit, Rezoning or Platting notification would account for the public hearing notice. The three pieces of property abut Wescott Road and contain the two existing homes. West currently owns Parcel 030-78 and the white house that is currently being used by the City's Police and Fire Departments for training. They are in the process of acquiring the Lembke property and will remove both structures onsite as soon as possible after acquisition. The area that is proposed to be disturbed by the grading contains 0 some 50 foot high blue spruce trees, 60 foot high cottonwood trees, and also some grassy, open fields. Also, an existing one acre bituminous parking lot currently used by West Publishing is proposed to be removed and an area of two acres is proposed to be graded for a new parking lot. As shown on the grading, drainage and erosion control plan submitted by the applicant, the developer proposes a maximum cut of 46 feet and a maximum fill of four feet. The developer will be responsible for abandoning the existing wells and septic systems on the site proposed to be graded in accordance with City and County requirements. The drainage from the disturbed areas are proposed to be conveyed by proposed storm sewer lines to Ponds GP-4. and JP-18. The. City will review the size of the downstream ponding areas in the future with the platting of the area. There is a substantial amount of dirt that will be transported off the site to the recently approved YMCA site. However, berming and landscaping consistent with what is currently along Wescott Road will be provided for overall continuity. No building expansion will occur as a direct result of this grading permit application. - • --..----. -.., / ‘'•...\ 0 . / A- 4 ,-,-- ■ I CO, ......• .1. \ -,-'''' .1. - ..,,./..,... ......„...--.,------ /.. _.--- -- A. -----------, ......././ ,...- ,% • ••• .•- ..4.' ,-- './7.-' '''''''s --.. ..0"/'' :„.. • WI- 0 ---"C ./...."'"•31:/("/"//' ,,;(2'''''' , ,' ..../ .... ■1- , I ...." _e- el ..... ■....„... ."7„' .....". \\ , .... y .,,.- oes- -- / -- '" - - 7 , ,y- ,`, •-•.,.- ''-'‘N--'‘,'--- ---',;.',,c"--' ,,-'10 ,', et‘%,' ■'■,ii,):, <(.<„,, ,''',- ''T V Y i.) . . .1 ,...,,,,/,‘... ....„.....„„. „..„ , ,,,,fr .......„......i.--se s-,..re.t...,s&-..,z••=le..x e-_-,,,L ,__\ ,..,,,, ,,,, ezz-z.: ,. . , II 1 ‘...:7:-.7.-1. _ • .----,....-.... ...-:P - 0 1 ) -.------ ,--`7." -- ---r \ ----,--4..-- -----... •,.--('' s -,.... . • .1 ..... ....- .... -- ....., ....,... 0 I , • • ,'.• --,- I , 0 .., ..• -f, e .....•• el ) ,1.1 ,,e• ..- ,..- ---- 1 \ 0 .r‘ - -• ---- ..--- . ,,e..; 0 .1 .. ••I 1 i-, • /--Y‘r -. • .....4-A-- A,"or ii .1 ••••!..i r..----- e-e."* til A..7117 II A.7"J II !.,1 1 • -',N ‘' e'-'4 ti E ,_ IC ,Ek7tP II < ..... - 77.7-'1: := :.:-....M.-'-1--::-•FB--7•-••.-;•;-,-,t. '''' - ----- o. i I 1 142-b, ■ i• I §. , — l' ,i 1 I -.Arica" pi 1 0 1 I I AIM .5,„79 1,2,.'4i7 r -mi. s.i . — `..,':•s.., L ..- l l - . • 4■t 4• ...-1■. •1'--II ;, cP Z z i,•-.-'i-t..'''-.,.".., ---, -_,-:.-._-_-_1-. L--- 7:.-,.-•... '1 iI•..■) 1 l I . r. fillg I ... ...••••-0,, • = aing.r.... 1. i ( ii ,1 _ .....• 1, .1 r a t ( E = .1) z — I,.._.'i \ I \ 11 ‘,.. ): 11 ‘.. , '...--.-1...7.....-) '.......r.se- --..,..... ._- ,7 z , ,.7"'_ ___ . . < ..:. , II, _ .....,■,.,_: ....I. i•-• R . _,.., _-_...-ti.-L-.....1).-..-.A • . ■I 'I • .I ... . ,........ 7=11'4 -77- - 1 ■''' / \ \ / )'14/ ' S • 171W CG .../••'' ... \ \ ....- t, \Z. . 47.01.1111 C. • irion; .- ., \ •.-.,. \ , ,-soul ,,, /. , ,.. 417A Sr'. al. .----°-..12.'7.- -'7. '''''''''' '' '..4.7.-.3.4.. t.4:::;....,......... _.....".......,..•:.....:r.. ..., V . • ' -,"--,./ ,\\ QT-I ez •.N 4P ' - 'le. ., n . • . ,, :-..,.. t ) , • P • --LJ - \ I 1 i - -.. ••■ : ., - a .(14, )&0 (' -', -,, . / 7,110" l - 1 . l'' el 11.L 0 , 1 1 .a: t' •, ' : • .• - 11.0 '' - 1 t .,. - J.■lb „) I ' I 1r it• \ (40 _ • i:i'IrC 'P.:-----• _ . . , - --H. `1 . i I vol . 1. •r. , i; ', t - I I, . 1, 1, -----, 1 , • . ,,• . r , ii I , •is• 1111 al •/ ..,• _ ,- .1 / , I \ - • \ . ' ' \ 6 ,--_—4.4 '1: . el ,Nov ; .1 ......., ....-_:r...-7,-....:::Z.-,..... fm■•...14-16.11,ton_rs..r,... - ; . 1 OM uiiNNi f 5a1111 �M :n o s `•• .: _ IIIIMINI.IINeai `3 ommene w ism .......ir.......e.......„..../ 0 ' i �^ / r S 7 7•,' . ...'....• : >. ' T. --- ,•• . _ \\ A :• ?id- . - . _ v 1 a.' f ,, L3 ,. - - - - - -- 1O , . fi � r \ W Al:1 i • • . ; 1 ). „ ! " 1 ? 't 74111,111r- " . . I / ,„ . iti \'(•-••-•-'°-r11• • 'nil I ' f e Y` ; -- It°� I 1 ,i . ' .• fi M- . I , li Al'i__________ _ ! e 0 ' . ■ l ire'iillir, A. 14 A4011111 iillP t01,A041111P01. `` A. . %it I 0 P 11111111i:I , 1 4, 11 110144ftww.„411111111drziftr,411 !fill;i .1 • !; : 9 ; . _Advil*i dc4EA‘j ..- I • .rn.. Cr-i„,.,—__, ...-.-..--_:_=_=-,•...-------'------..=-•---:. --:--r.-_....,,,---- j .41 7---'.., C.-.--- e + : I11' .�tl�" Irleaifah'.t� rr: . .+s' .1- i .1111 :t. i ot,- If•I. $ \ % _. tag M XS:M _ , l M ' we uaamous 7 saaways aim. --w�Pw .. ter.tee. �..r• OIMwL 1=1M1 1i • Sit . 0 it�'! !f,1jl pa !!'!; •4 ;� !i 0., I 0,_ till!.11 hg -- — N ii ,, ' l•.1 pal 'uhit ,Iii: 1i::',i ��� .+ '• Ip 1 p NM 't, (III "� :.. ! , ,. 1 ks;i ,,,, ,„1 kJ! 'Pm 04,-10 hi:::!fi F10. 01. 41;hiffil PEI!! ; fli ni pm '11 1 1.1V . 1 k 6 .7. .1 0 Is. ` ` I i 31 Ii ,1 .- ►' , L iit 4 ! 11 ( Iii q!r;i' ��+; !i9 _� l'; i' S ~ ■ ii 24 ii 'ill/ • 1 X Z W . mu yr , f \\\\ \\ \��\\ • 1• ��\' \\� \ \ \ IS \S ` S' '\ . "\ s\ \\‘ \ \ - 1 I • \:, \\ \ . i h ■ ..‘., . \.\\\ \ ".‘" ' I I JUL 29 '92 12:15 SEVERSON,IJILCOX & ShENDON C 028 P02 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JULY 29, 1992 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, July 28, 1992, at 7:00 p.m. at the Eagan Municipal Center. Present were members Voracek, Graves, Merkley, Hoeft, Miller, Griggs and Alternate Hunter. Also present were City Planner Jim Sturm, Community Development Director Dale Runkle, Assistant City Engineer Mike Foertsch, and City Attorney Mike Dougherty. AGENDA Griggs moved, Hunter seconded, the motion to approve the agenda as presented. All present voted in favor. Chairman Voracek explained the Advisory Planning Commission procedure to the public. WEST PUBLISHING COMPANY GRADING/EXCAVATION PERMIT Chairman Voracek opened the first public hearing of the evening Oregarding a grading/excavation permit for approximately 12 acres on Lot 1, West Publishing 2nd Addition and Lot 1, Block 1, Lembke 1st Addition located along the north side of Wescott Road in the SE 1/4 of Section 13. City Planner Sturm explained that West Publishing is in the process of acquiring the Lembke property. This land will be graded immediately after acquistion and will provide a building pad for future expansion. Landscaping consistent with what is currently along Wescott Road will be provided immediately after grading is completed. Steve Bryant, a representative of West Publishing, stated that they have no immediate plans for building construction on the proposed site. A warehouse will eventually be built on this site, however, no access onto Wescott Road is predicted. Chairman Voracek asked whether the current driveways on the Lembke property will remain. Mr. Bryant answered that the driveways will be removed and the curb cuts will be replaced with straight curb. Chairman Voracek requested that this item be added as a condition. Member Merkley requested that a condition be added which requires the applicant to abandon the existing wells and septic systems on the am proposed site in accordance with City and County requirements. V JUL 29 '92 12:16 SEVERSON,WILCOX & ShENDON C 028 P03 411 Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 28, 1992 Hunter moved, Hoeft seconded, the motion to approve a grading/excavation permit for approximately 12 acres on Lot 1, West Publishing 2nd Addition and Lot 1, Block 1, Lembke 1st Addition located along the north side of Wescott Road in the SE 1/4 of Section 13, subject to the following conditions: 1. All current driveways along Wescott Road, except for the existing firelane access, shall be removed and the curb cuts shall be replaced with straight curb. 2. The existing wells and septic systems shall be abandoned in accordance with City and County requirements. All present voted in favor. • VD__O • Agenda Information Memo August 4, 1992 City Council Meeting PRELIMINARY PLAT/BUR OAK HILLS 3RD ADDITION D. Preliminary Plat, Bur Oak Hills 3rd Addition/Shamrock Development, Consisting of Two Lots on Approximately 2.6 Previously Zoned R-1 (Single Family) Acres Located Along Rolling Hills Drive in the NE 1/4 of Sec. 12—At its meeting of July 28, 1992, the Advisory Planning Commission considered an application for a preliminary plat for the above referenced development. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages,..2— through p7 for your review. Also enclosed on pag j/ are the Advisory Planning Commission minutes with respect to this item. The APC is recommending approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat for Bur Oak Hills 3rd Addition/Shamrock Development, consisting of two lots on approximately 2.6 previously zoned R-1 (single family) acres located on Rolling Hills Drive as presented. • • • SUBJECT: PRELIMINARY PLAT BUR OAK HILLS 3RD ADDITION • APPLICANT: SHAMROCK DEVELOPMENT LOCATION: OUTLOT B, BUR OAK HILLS 2ND ADDITION EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: JULY 28, 1992 DATE OF REPORT: JULY 13, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Shamrock Development requesting a Preliminary Plat for two lots on 2.6 acres located on Outlot B, Bur Oak Hills 2nd Addition. BACKGROUND: Bur Oak Hills Addition was originally platted in 1986 and Bur Oak Hills 2nd Addition was platted in 1988. Combined, the total number of lots is 206. •COMMENTS: The proposed lots are located south of Highway #55, west of Inver Grove Heights, north of Rolling Hills Drive, and east of Chapel Lane. The surrounding land uses are R-1 (Single Family) and Agricultural to the east. Both lots exceed the 12,000 sq. ft. minimum lot size in an R-1 district. Lot 1 is 57,000 sq. ft. or 1.31 acres and Lot 2 is 47,700 sq. ft. or 1.09 acres. This site is heavily-wooded and has severe slopes falling toward Highway 55. The site plan shows potential house pads. These pads were located to minimize tree loss. As proposed, the house locations meet, or exceed, all setbacks and potential lot coverages. • GRADING/DRAINAGE/EROSION CONTROL: The preliminary grading plan shows that a minimal amount of grading will be required for the two new houses. The houses shall be situated on the south edge of the lots to minimize grading and disruption to the trees in the area. Cuts and fills for grading will range 2 - 6 feet. The drainage from the front yards of the two houses will drain to the street and the backyard areas will drain to the north to Hwy. 55. The storm sewer that drains the street is a 15" CMP line that discharges into the woods just north of the cul-de-sac. The storm sewer outlet contains a lot of rip-rap and there are no signs of erosion. The drainage from this site will eventually drain to Pond GP-2 via the ditch system along Hwy. 55. Pond GP-2 is a designated pond on the City's Comprehensive Stormwater Management Plan. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. The trees along the north edge of the proposed houses shall be protected from erosion of sediments. WATER QUALITY: On-site ponding for a development of this size and type is undesirable. In addition, the runoff from the proposed development will not discharge directly to a recreational class water body. Therefore, staff will recommend that the development be subject to a cash dedication to meet water quality requirements. The amount of the cash dedication is estimated at $522. This recommendation is subject to approval by the Parks, Recreation, and Natural Resources Commission UTILITIES: Adequate sanitary sewer of sufficient depth and capacity is available in Rolling Hills Drive. The preliminary utility plan shows extending an 8" sanitary sewer in the street to the north for approximately 80 feet and then providing sewer services for the two proposed lots from the new 8" line. The sewer service to Lot 1 will be required to have a clean-out at the property line since the service is over 100 feet long. Adequate water main service of sufficient pressure and capacity has been provided in Rolling Hills Drive. Sanitary sewer and water services will need to be provided to the proposed lots and this will require the removal and replacement of the cul-de-sac. The existing 6"x6" water main tee in Rolling Hills Drive that is plugged on the north side of the tee shall be removed and replaced with a 6"-90° bend. This work will prevent a future maintenance problem for the City from occurring. The plugged tee was provided to allow for future extension of the water main to the north or west, but with this plat, the future extension will not be needed. STREETS/ACCESS/CIRCULATION: Street access to this development has already been provided from Rolling Hills Drive. A large portion of the cul-de-sac will be removed and replaced with the construction of the sanitary sewer and services for the two lots. • RIGHT-OF-WAY/EASEMENTS/PERMITS: The final plat shall provide right-of-way with a radius of 55' for the Rolling Hills Drive cul-de-sac. The final plat shall provide a 20'wide easement along the common lot line in between Lots 1 and 2 to provide for the storm sewer • runoff from the cul-de-sac to Hwy. 55 The developer will be responsible for obtaining all the necessary permits from the affected agencies such as MPCA, MWCC, Dept. of Health, MnDOT, etc., prior to final plat annrnva1 FINANCIAL OBLIGATION - Bur Oak Hills 3rd Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the • City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. • Improvement Use Rate Quantity Amount Water Trunk S.F. $750/lot 2 lots S 1.500 Storm Sewer Trunk S.F. .069/S.F. 65,289 S.F. 4.505 Total S • CONDITIONS FOR BUR OAK HILLS 3RD 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. A snow fence shall be erected to denote the areas of trees to be saved. 3. Sanitary sewer and water services will need to be provided to the proposed lots and this will require the removal and replacement of the cul-de-sac. 4. The existing 6"x6" water main tee in Rolling Hills Drive that is plugged on the north side of the tee shall be removed and replaced with a 6"-90° bend. 5. The final plat shall provide a 20' wide easement along the common lot line in between Lots 1 and 2 to provide for the storm sewer runoff from the cul-de-sac to Hwy. 55 • STANDARD CONDITIONS OF PLAT APPROVAL • A. Financial Obligations 1 . This development shall accept its additional financial obligations as defined in the staff 's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval . S. Xasements and Richts-of-Ray 1 . This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding , and utility easements as required by the alignment , depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development shall dedicate adequate drainage and 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. VD_ 7) 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. publie Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval . E. permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication 0 requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Water Quality Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City's Water -Quality Management Plan. N. Other 1 . All standard platting and zoning conditions shall be adhered to unless specifically granted • variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 • plataprv.con LTS *2 5 • Bur Oak Hills 3rd Addition •I_ \� 0 1J1'' NE • NW i (:_) .,� 1�. STREET MAP ° ci• L �'� 8 = ��k�• . \:\ -! , • ,I 1/4.r7 • 5W l . �`_Hi s \_a t ~ -'3♦ • J ' W • 1 rd do cA i r ••. • T, ZONING MAP "a `! 4: �1 •-....., ���\ �� ROME SOC• . N\...,\ '-‘>.!,i.'',. °tiMf L i 1I \\",osi Li _ 1 1•\�FtTli,;. �1FF1 LR i` �.�\" .11.vi)1 • r , i; A i` "'' `R =•-•,"�::. M 340: I . '14 ,Itg------------:".-_—_ --...,, , . 41._■ I c5' as � COMP GUIDE PLAN MAP © .� . 4 , •-I lk , • au r _1 • 1 1 , • • !!l aze ;; 11 I i ply=,� -( , . 1 1 • 1 1 I 1 II ill I - L A.e i� 1 ., ' -C� -,- iilli (I I o l I J� r° ,f, ....- ,,- ... , 1., , ,• .._ li :` 1i"Sr/ • � � H7 • 9•1 / W )I 0.. ..r • 812 ,/ /,',/1 ;/ ' ',/,, 1‘s.‘‘,•*, ' ''-::`-'4N:;\‘`I ' '1F-17, I ,-, '111! c ' fra 11 i 1 li i i '�' \ a 11x. Ti 1 --4,' +t 1. lnw..i 1 OMnu_____-___ G . , ..,, ;e i 1 i1 , . ,•,•_, , _:-, ____, ,. 1 i 00,4 ,ietrf, $ , -----, -,,:-.._----k .--s•-_.----. I I .11 . ` --I.. ; \C—'4 ''i �iI lli; :C I, ii ', , ', ' ' - 1, f 1 1111 111119!1 t I� Iw;', . , . , . -- ;, � 1,��171 II, I I I I , ', I I . WI 11I1 i1 i 11 li11 1 1: 1l 11 1 ' 0 \°.)j . a •.1 • , • 1 - . 0 0 IIIIII. Z ' g V I1J V 1 0 = g • 4wwwwwwiir■ = CC ‘ i Aimi et M . g 1 V Allik LW, I 8 < et c„) •::::.:.:.:.:.:.:.:.....:.:.' ...................• . z :::.:.:.:.:....:.:.:.:.... . . 1 i ; 1 , st • in7. i 1 -44t hi \ ! .„...\I . i 1 0 / , • ow, , • t \ • - i *Jr.. s • I I, ........■r r /. ,,,./ 1....,,.., ,,,,,er ,f i:,:c,, \\\\VA\ .,..::s••,.......,\--„.,‘ \ ‘,.. o' ill \, /,/ l :'''•• ,, ■ \06‘•\ ‘' ,‘ .., ‘, k , = 0 11 1 ,• , ,,‘, , , 1‘,1, ' b' ' : '/ // ' *‘..‘• '‘'\ • ::<:%.';''‘'k!: --'s-;:':'....::r '‘:=.*:...":7.11 ' 7-i------- - fr', ro I t L /• , , ,..%..%--Nc., -- ",.1.:•\•;XIS‘ -Z-512tr‘ 1----------- _-_,,..---,:::-;:..r. -'1-- ' / ...:14r.:-.?5?*:.&.1...;!t.% -.,2;;11'•i>.A. . 1 - :i-15F1..1..:.:: • PA ' ' 11 .'';. •, N,' " - - --st,,,, ••••■3- •u---- ) r . . ...., , , , , , :.:,...:,-,1.,N,T, ..- ,-t.:::::-.7..._..t-..---.... . -- -. 9:' r., , i ; • F:fi P ' - ,,, I .....::::::::.:4:...0,!.. .,..;2._:., .?„‘_„....tv„:4:1511::..:J.1 , - il • i 1 , ,.; , ..„, „,:::::.::........!,.wo ..., ..____.5,___ : / "......ii.z..*,:;:*::::;::::. .: '.. 4 tr•*' ....;`, '-'-'!'.--... _J_- •' _ , . 7 /,,,,, :::::,107+4.44..::;:::::::..s;-.-- --.-..o.:•-:-'::.1 it, g .-:-... -- — / , . ,....:i...Wrn....:mka, . bule rrim terror i, •:•)"::::::(...::'r::::.::::+4.4 ;31: . •' ...?;;::•1 s ".1111r j.::::■::::%:*".: : ,. ; -f-e it ■••■■.r. , .....:7- 1 -77-777:1- ./ 7./. . : . i ;K:;::•.. - ,3-;,; ' .;:,: kaig '11-r.e..22,I i' .: 1 ...t.: .:; ;-E;;!:;: :,1:::s ;'..a.,_•,;--'.--: 1 9 17'•'''1_.1 C :'3-- ?- I, I,',r,.; I, '.:3:;:ji4::*:;;;;*;:i...:::::::::■:.3,'-li*:•;=.:- ' --- , -----. ..---------------------- ''-t'-:..-' , .- :•:.:.':!::•;;;:'••••••••••••: °. ,!7•.:••4F'3■-41-:V• 11 , —i•-• li S 1111 il 11111i1111111 ' )'' ' i'''.' ' ' 1 . \ :::::::1„,,',, (/ ,ti :,...----, ■:,......--rr ..,,,.,,,,,r 1 1 1 ‘ , , ' „ \ s . 111.1.1111111!!I 111 I 0// ; I; / ,--_-_-_----"J.;;; f.„,;f; t' ' ' ' ' ' \ ‘ ., ,,, 1111 , , \ \ \ , \ I I I i ... . // I 11111111 il Ii H St • Allt4 . I 11 •.1% • • - ••••• • . . • • 11_ 29 '92 09:06 SEVERSON,WILCOX & ShENDON C 020 PO4 Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 28, 1992 SUARROCR DEVELOPMENT BUR OAK HILLS 3RD ADDITION Chairman Voracek opened the next public hearing of the evening regarding a Preliminary Plat consisting of two lots on approximately 2.6 previously-zoned R-1 (Single Family) acres located along Rolling Hills Drive in the NE 1/4 of Section 12. City Planner Sturm stated that the applicant is proposing a preliminary plat for two lots on 2. 6 acres. The house pads are proposed to be as far south as possible on the lots to minimize tree loss. All City Code requirements are met with this proposal. Mr. Sturm further stated that City Staff was very pleased with this application. The applicant stated that he was there to answer any questions. Bruce Fischer, a resident of Rolling Hills Drive, stated that when he bought his home he was told that no homes would be built on the proposed site. He is disappointed with this application. City Planner Sturm responded that the proposed land was platted as an outlot for future development. The plan then was to divide the land into three lots. Merkley moved, Griggs seconded, the motion to .approve a Preliminary Plat consisting of two lots on approximately 2.6 previously-zoned R-1 (Single Family) acres located along Rolling Hills Drive in the NE 1/4 of Section 12, 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, G1 and H1 2. A snow fence shall be erected to denote the areas of trees to be saved. 3. Sanitary sewer and water services will need to be provided to the proposed lots and this will require the removal and replacement of the cul-de-sac. 4. The existing 6"X6" water main tee in Rolling Hills Drive that is plugged on the north side of the tee shall be removed and replaced with a 6"-90 degree bend. • 5. The final plat shall provide a 201 wide easement along the common lot line in between Lots 1 and 2 to provide for the storm sewer runoff from the cul-de-sac to Highway 55. All present voted in favor. \/)-5° Agenda Information Memo • August 4, 1992 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT/PRELIMINARY PLAT WILSON ADDITION E. Comprehensive Guide Plan Amendment,Wilson Addition/Mary Ann Wilson,from D-III (6-12 Units Per Acre) to D-I (0-3 Units Per Acre) and a Preliminary Plat Consisting of Four Lots on Approximately 4.6 Previously-Zoned R-1 (Single Family) Acres Located Along the West Side of Blackhawk Road in the East 1/2 of Section 17—At its meeting of July 28, 1992, the Advisory Planning Commission considered applications for a comprehensive guide plan amendment and preliminary plat for the Wilson Addition as described above. For additional information with respect to this item, please refer to the Commu 'ty Development Department staff report wh'ch is.enclosed on pages /3. through for your review. Also enclosed on pages (4S through JV(are the Advisory laming Commission minutes with respect to this item The APC is re mmending approval of both applications. Finally, enclosed on pages through (( is a copy of a supplemental staff memorandum covering a letter of oli ection from g � the applicant concerning condition #8 of the plat approval relative to assessments for Blackhawk Road improvements. In taking its action, the Council should address whether this condition is to be retained or modified. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a comprehensive guide plan amendment for the Wilson Addition/Mary Ann Wilson of approximately 4.6 D- III (mixed residential) acres to D-I (single family) and 2) a preliminary plat consisting of four lots on previously zoned R-1 (single family) property located along the west side of Blackhawk Road as presented. \" SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT & PRELIMINARY PLAT (WILSON ADDITION) • APPLICANT: MARY ANN WILSON LOCATION: NE QUARTER SECTION 17 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: JULY 28, 1992 DATE OF REPORT: JULY 7, 1992 • COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Land Use Guide Plan Amendment of approximately 4.6 D-III (Mixed Residential, 6-12 units/acre) acres to D-I (Single Family, 0-3 units/acre) and a Preliminary Plat consisting of four single family lots. The site is currently zoned R-1 (Single Family) and is located south and west of the Blackhawk Road and Blue Cross Road intersection. BACKGROUND: The existing home was built in 1947. On November 6, 1985, the City Council approved a Waiver of Plat splitting the property into two parcels. The Waiver was requested to allow the Wilsons to sell the house on the approximately two-acre Parcel A. A condition of the waiver required platting of the approximately 2.5 acre Parcel B before any further development could occur. To insure the platting of the property, a $10,000 deposit in favor of the City was required as a condition of the waiver approval. The applicant is drawing against this deposit for the current application and escrow expenses. EXISTING CONDITIONS: The site is relatively flat and treeless on the northern one-third, however the southern two-thirds contains moderate to severe slopes and significant tree growth. COMMENTS: The City Code requires an 85' minimum lot width at the building setback line and a minimum lot size of 12,000 sq. ft. in R-1 districts. The four proposed lots are all larger than one-half acre. The lots range in size from 28,875 sq. ft. to 86,000 sq. ft. All lots exceed lot width and area requirements. Access to all lots will be from Blackhawk Road. Due to the existing vegetation and range in grades, the applicant is proposing no site grading at this time. Individual lot preparation will be done by custom builders. Tree preservation should be achieved with a physical barrier. Protection of trees to be saved during site preparation should be enclosed with snow fencing or other suitable materials. PARKS & RECREATION: Parks & Recreation staff will be recommending a cash parks and cash trails dedication for the three undeveloped lots to the Advisory Parks, Recreation, and Natural Resources Commission at its August 6, 1992 meeting. The lot with the existing structure will be exempt from both parks and trails dedication. �'jY GRADING/DRAINAGE/EROSION CONTROL: There is no grading proposed other than • that required to construct the houses on the three new lots. The houses are proposed to be situated on the north edge of the wooded area, so the trees in the backyards will not be disturbed. The existing drainage pattern of this four-lot subdivision is for the front yards to drain to the ditch system along Blackhawk Road which drains westerly to Highway 13. The backyard areas drain in a southerly direction to Pond AP-27 or to Robin Lane. The surface drainage for the new houses should continue in the existing patterns to minimize the grading. The driveway connections at Blackhawk Road will require culverts to convey the drainage along the ditch system of Blackhawk Road. The house construction will be responsible for erosion control measures. WATER OUALITY: On-site ponding for a development of this size and type is undesirable. In addition, runoff from the proposed development will not discharge directly to a recreational class waterbody. Therefore, staff will recommend that the development be subject to a cash dedication to meet water quality requirements. The amount of the cash dedication is estimated at $1,036. This recommendation is subject to approval by the Parks, Recreation, and Natural Resources Commission. • UTILITIES Sanitary sewer of sufficient size, depth and capacity is readily available from an existing 9" line that runs across the east lot line of the adjacent lot to the east of the Wilson Addition. The developer proposes to extend the sanitary sewer to the four lots of the Wilson Addition by connecting to the existing 9" line at Blackhawk Road and Crest Ridge Lane. The proposed sanitary sewer would be extended along the south side of Blackhawk Road and the line would be approximately 25 feet deep at the Blue Cross Road intersection. Sanitary sewer service would also be stubbed to the existing house on Lot 1 which is currently served by a private septic system. Water main of sufficient size, pressure and capacity is provided along Blackhawk Road through the existing 12" trunk water main. Individual water services will be provided to each of the three newly created lots from this trunk water main. The house on Lot 1 is already hooked-up to the City's water system. The construction of the three water services for Lots 2, 3 and 4 will require the removal and replacement of the street section of Blackhawk Road since the existing 12" water main is located 10' south of the centerline. STREETS: Access to this proposed development will be obtained from Blackhawk Road, which is presently a substandard 24' wide bituminous surfaced road with gravel shoulders. Blackhawk Road is identified for upgrading in 1994 as a part of the City's 5-Year Capital Improvement Program. Blackhawk Road is a designated Community Collector street in the • City's Comprehensive Guide Plan. However, due to the existing elevations, curvature of the �3 road and present (1989 A.D.T = 4,742)/future (projected A.D.T. = 7,100) traffic volumes, there is limited visibility creating safety concerns for individual driveway access onto • Blackhawk Road. Therefore, each newly created lot shall be required to construct its driveway with a turnaround to eliminate the need for backing out onto Blackhawk Road. EASEMENTS/RIGHTS-OF-WAY/PERMITS: A 40'half right-of-way shall be dedicated for Blackhawk Road. In addition, sufficient easements shall be dedicated along Blackhawk Road for the installation of the sanitary sewer line. If detailed construction plans indicate the need for permanent or temporary construction easements from the adjacent property to the east, it shall be this development's responsibility to acquire all permanent and temporary utility easements prior to final plat approval. Permits will have to be obtained from the City of Eagan for construction within the Blackhawk Road right-of-way required by the installation of the individual water services. Permits will have to also be obtained from the MPCA and MWCC for the proposed sanitary sewer lateral extension. Detailed plans and specifications prepared by a registered engineer shall be submitted for review and approval by staff prior to final plat approval. FINANCIAL OBLIGATION - Wilson Addition Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Storm Sewer Trunk S.F. .069/S.F. 103,884 S.F. • CONDITIONS FOR WILSON ADDITION: • • 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, B3, Cl, C2, D1, El, Fl, G1, and H1 2. Tree protection during site grading shall include enclosing trees to be saved with snow fencing or other suitable material. 3. A 40' half right-of-way shall be dedicated for Blackhawk Road. 4. Individual driveway turnarounds shall be constructed for each of the three newly created lots. 5. All required permanent and temporary construction easements for the sanitary sewer shall be dedicated on the plat or acquired by deed conveyance prior to final plat approval. 6. The driveway connections at Blackhawk Road will require culverts to convey the drainage along the ditch system of Blackhawk Road. 7. This development shall extend sanitary sewer to all four lots. 8. The development is required to execute a waiver of hearing/objection to the costs • for improvements associated with the future (1994) upgrade of Blackhawk Road. • • \,Q7 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations • 1 . This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. basements and Ri-hts-of-way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate 110 jurisdictional agency. 4 . This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2 . A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3 . This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. • 1 W l,� STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO S4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5 . All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. Public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval . E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency.. F. Parks and Trails Dedication 411 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. water 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 Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 plataprv.con LTS *2 \rcl • — v -� IR • �', WATER 1/ TREATMENT �� �. ' FACILITY Q�,. 9 NW;, i NEB I NY i o con • Y HILL I FaCMAIi�IN � t 4 ` * ...ra■ocE • •5 L• � K CNTER(�I i b A 90-� e • ` LA �, , vN�OCATION 44,` [ A SW I E 71 ; P lvutlo-. LP + n ; g` a i • icift VA41 -iliilr, Ps AK t OVA b k US 'fE w O., .s. • 3 1, i, 'G / t_ 1 of ./ x : 4� ' —?1.----,,:- 9 .' .wr ZONING f — _q- '• R —� ^. V E — li h r-.a NOc 41=3 i � y\•' R-3 / .,d � ..E • f}gcKb N 4 ,—, N "GAN ME . .y . �,, n ! teams -<•,j.q >'s, ti4', '{Ti \\D.OODLE Ru / g 12 ii. t i'�+�,G f f'ti 'J'- _� 9 i s 3 GUIDE PLAN �r� cr p i �/_ { 4 it., RO. V D tyD•111 g • _. . ,-..,., ........:,..... ,,yT •411LI II i O \ 11110 ,. _._t__...4....„.„., I ?sok..vitt: 1 BC_. c:_.a y. ‘?7; /1V lid. . "Al ' • � ,b r 5 •%° r r� .� "f,.� G�0• w r6 y J ,y 0 y0 ` ' i yt�y.4. / vf • AT . .904_•F 4SHe0RY 1 J 33j 93 ROAD 0v 204 is f I 6.89°55.35"E.•. 1311, 30.111 R•6.11.111 4.6 . • I .�`t• A. is•Is. o �.. a, 1� . ai �► ,��'y 3�.►' iR • : • ••'INK RO 0' °�+ ��e� N 012-01 a ► `p-� A +(V' • �' ;�.. ,//;� ����, tio SKY' HILL PARK 'P 4' i . 3 i'/i ''•2 i , a I 'i.. ..... // i ', t • N. 89°5416°W.1) . /, 4,... »... t, 998.77 Q;'L 0 C ' i ,'' '•, ' i /. .1 / I /.f! /J ii . it y • d o 7 c f 4 J • 0 h % l0.7T O,lQ�ds` o� He,s t t�1� 4 i! At - V: cL'EJr .G/DOE L ler% P ise.S it0 /4c,t It isI •4 f i 01.0.10 L w di y.!r n `' �..e ,t t ,to: ,,,,f 3 _ ./rstir tli\ 1 ,, LeaOY I. A LUGILL.0r PONb f c4o•1t . // ,t i G6// \ • °/ei° 4f$f ' • #10.4-r# a Y' J� \ s j � r \\\ HILLCRf��9T DEVELOPMENT 0 ��s • ,O "V /t• JO \ L.O ROY I. Q'L..L.�C I LL..a PCIV P f/o , •• �� •• (J \, \ T —044"L le--1,---- -L /4 N \ 0 s j M. IT7�. kb• \ \ h C •e. ie N Cl � �� ' C y--).)0\ / �� , Z ,• t _r 1 t @ y _0 W _ ill $2 �• 1II:A ) jHHI IIR, j r 0lily;-•• I �� lb! Ida 3 i" • a b61� a l gi 1 fiva., ,twl F y E I - 1 . 1 1 .��_ ^ I G� i I q 1 I. -. w• : 1 I J ` 1 .1 f X1 E 1 _ a 1 = I . i s- j - • P4W ii g 221 W . F y O iJiJs3 1! 1 d�j1))iiii!i 81 1111 0 !J t,t� Jiff i .3 iiiiiia. . 5 114 Zvi O Oyh04, I— -J \ '3' , � �v 0 �\ R t • p // e* ; x'00 - 1 t1ili1 I lit 1•Q / , :,� , 'dam. �, 1 i;ailjljjly lj Z ' , 1 ' l Z d / / -.' r ! at11i7i I Iii J 11„1 e° � is e/ / 111i1j)A1 () III=MM et e' / OQ 7, / ! 4 `%```. i `i g� 1j1 lihill � ` �' Ill ir!rj1al1llI i r aJjlijlr■1 ji I , ,. • 1 = iV 0 I II Q I II \1 1 0" g j1til�!A �f}1 J ; , j _ I LQ.�_� , i�� ; ,;111J:111,1aa CO I I .. . I. I :4 11;1011111 adli, i 1 j�I; , ; aDOS9/Oa--∎ 1 , ■ , 1,■) j • '00 1J1,1 1 ,� '424, I libillAJit R .� 0 + IIIst 1 1 J _Ji!Jithi!Jfll 1 • u. VI o 9 v 1 . . . 1 1 1 0 . I . f' I 8 .411 • o a • n J I Is- cr 1414 r Z ° sw Z U - �� - ti Z " • Z ° 3 Z n 3 0 ° 0 C.. *0` ' C3 Li 0 --- 2 W .. C - _ o Q, ^� ' ' '' ,,':.;;::-;:f: , - • t ,, 7.... • .0 • i I i • j t �� _ % i J 1 1 1 Q 2 i II i I 1 - • % 1 I / I �QI 0 • i 1 I I / pp i •• . .. �- �I I I I I I \ ' /,' I I • "Vi / / / 1 I / I • / / 3 e9 ,' I� i i - . /, \ 4-c . ... I • 0 IIti il 4. • 3 I 0 t I12 I ~ i3. '5 ; e • ��_F-_J pi am€ 3 • Ii 1 .1.t,„; i 00 3j ! I r y . I .i ' N N J J II • az; lit. . L ' � i • la w ' r I r s Li . Z •s : ,t • i U S r s i \ s o ' •• 0 i K. ilI •0 ` . it Q J /0 i' / '\`rers \ . • •• Z .71 / iliNqui Imom 3 b `� ._� �. . . i I I . . i 3 I •...�.� a , . I , ,' I • m d } , 1 • • I `.... I • 4a, • • . :• - i • ! 1 Ei lif . • li .. . • 1 ' iig N . gi2 0 a 0 z w 0 .cc E . co . . z 4 i i I . . . 0 a • P 0 8 N . 4 ... co 1 .. , 1 • !I d 3 • . I, :-I Idi5.3 .• 0 • 1.* IL ' -• 5f"zy ....:.:.-:•:•:•:-: i :ã11—, I wt.. • • ..I • ilv I IT-1 151 111 a .:....:.:.:.:.:.: : z • .I 1 i . • , j i . 0 :,....::...:.::.:. e.. Z •:•:•:•:•:•:•:•:. ■■■■■MMEMONE- 1 :IiIE1 . k Iv I-1 a 2 ' hi 8 •• * 4 7 M . ::::::. 6 ' ':.'.. ' • a r1 ..1 e— • so 8 • . f Iti . - I t. ; 0 •42 . 0. -.R . I • : - • 1 . 42 - r- . ii z . . • . . I I r I t ! r. • e 8 I . ,.. p 1• -, . . i I ; 34 ' r• II I w . 4 1! Z . •• ..j 1 1. • 2 .* - r • . . . 4 Er It • • • •• 0 • •' • • l'• viol < • : I. , ip... F % .• • >'' ' , 1— • Ili • • . • ' • .Y E ! I : '. : . . e • . ... .-_.o t.. . i . 1 • J .7. ; ia • 2 • 4110 C) Z 7.i.'' - I••••i; i ■41111 I...•..'S *Op • ::•:.:.>. / e V os•fly. ' . . < ‹: . . :if!:•.....'...'1••:•'.•'••: e•.) & -J • i4e •*:..*....:.:.:.*:.%:.:*.*::.:.:::•.:.••:::: - . • • 4'.*•••••.%:..:...:.:ii.:..::.:..:.:.%:..:.: , . II. - • j .:4, /:::::.:.:.::::.:*....:...*....v*.***:•.*:*.% :.**':•••• - I • . -. 4:...:•:::...•••::•:.:%:.:%:.:1•:.:::::;.::::.::•::::::.:;::::.::•:.::: . % / e..:,..:::::... .•••:::::::::.:::::::::•:...:.:...:.:::::.:::::::.:::::::•::::i::.. ., e.:..:•::.::::...y.:.'..N..4:.:•:.::::...*.:.:.:*.:.: :::.'..:::::::::::.::::.**:::.:*:.:1. - (0 . • . . ..../ - • z . . ,,,-,,, .. . ix I1 t *:7: i 1_, f::::..:-...:..:.:.:::-:-.:-:.:::.:..:.:-:....:..:...-:..:::-:....:..:.:-:....:,:....:....:,:.::...:::-:-... ' -..*.::......::.,..* ,•'11. i • ;co ...:N ,.. ....::,..y. :.ar • "I 4.-.....:::::-.:.::.....:..v.::::.::•:.:.:kik.::%*:::•:.:.::.:.:.:....:.::.-:.:::::.:.:::::.:.:.:-:.:.:....:.:-. ..: a • 4::..:::.:.:.:*:-:::::•:.::::.:.:-:.:.4%:::::::.:.:.::::.:—:.:.:.:-N.:.::::.::.::::.:::::: • - :5:•:::::.:.:*:::.:.:.:*::::•::::.:::.:*:.:.:.:.:*:.:::::: :::.:::::::.::.::::•:%:.4%:•:.::4.::.4:::4:1:.::.• • • ..4!.. ••••••:.:::::::-:.:*:::.:.:::::%:.:.:.:.:.:.::::.:::::::.:.:.:,:.:..*:.1::: .1. •oo ••%:..-., ".',..%::::-:.:.:::::.:.:.:-:.:*:.:-:.:::::.:..4.: •: . • ' 4' ":%:•:............. z..*:::.:::::•::.;::::::::::::•)::* :: .•••.•....•.••• •• ".•:.. %4:...'.'.'1.':/:::::: .- . . c . _ y niS . ` • ,,,,,_ ...... „, 7-- - .,,./ , ,, .... .., . .. _ ///f,.. -1 .. ... , . •;.A .—/,,-,•,:,- 4,- . . C •el , " /% ► ' \ . 650 823. i _ - -— 769.4 / ' 829. / o ....y _ �`� PLO 826. • _I._.. ��5 i�,.i ■ v M �4' I 829. DOG '0 --- "' u % INDUS •IAL eA •� 7 0.G7 I• c L -- :� 1`',Q A-b ■� �_ ����� 806.0\\RiD■GtviE / 0,,,,,,1- --A-----\ 1 ,- , ........, $ .... , .. , ,. •.. ,, 6,,,,i. '7 i•�°i , A-bbb KENOF ��� ��L \'' "A_11 �� / \ .p? o� K \ 4�. t ' DITIONN !� / / 1A-kk , A-n AP-38 — 4 e--•tp1.800:0 ' k1 7.\hh /� I�1 ."_t . 819.8 8C. 1{ i. — ' t�8 �s i 1 • .0 Viii.2 1 Ar. ,i L 'tutu AP-5 C- �� 4- -r i i iN LEN� GAN ME �• I Y , Ail it r\•'i vo. -mm --- I A.P 3- ;:�-__ ;�= ' .,, �. 0 !ti 7 yttrat► `•fr, r. BLAEKH, Q h • 0'4/�„� SID�AP 13 ' • . ,i . e •'. (m/s PARK 441 J 0/' /"' �. ILL 1 �cm& %���� , . � . :7 '• �.. • ���i inn nu r(3`0,.1/7 c, °'. ArpotpHAv- `5. 9 , pr y' - ■li . �, \ av / 4,➢■o/!■�/IIUD.,•�/•� tC: 111a i�■■�� -z•Tz-..,. \ \II .ti- . el.,__„....1% • Ittgaz iftto ,_, 66• 4.) 1•4-a.Imo CS> s'‘kl÷ .. V :\■\1 .-- 0 t47317--Sit .14 tili;l:r , / I% ; r 7-4 1.-q� . 17-7-rrn ■s _#/��• �"•a�s ��^ >.� A /y^K,��pryer--� A H SUBJECT PARCEL •• WILSON . ' ADDITION FIG. # city of eagan ' • _ : standard . , PUBLIC STORM SEWE plate #: ; WORKS �L' DEPARTMENT MASTER PL �/ . JUL 29 '92 12:16 SEVERSON,IA ILCOX & ShENDON C 028 PO4 Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 28, 1992 MARY ANN WILSON WILSON ADDITION Chairman Voracek opened the next public hearing of the evening regarding a Comprehensive Land Use Guide Plan Amendment of approximately 4.6 D-III (Mixed Residential) acres to D-I (Single Family) and a Preliminary Plat consisting of four lots on approximately 4.6 previously-zoned R-1 (Single Family) acres located along the west side of Blackhawk Road in the east 1/2 of Section 17. City Planner Sturm stated that the applicant is proposing four single family lots on 4.6 acres. The lots vary in size, however, they all meet and exceed City Code requirements. The proposed lots will be individually graded and will have custom homes built on them. Mr. Sturm also stated that the applicant has submitted a letter opposing condition #8 . Mary Ann Wilson, the applicant, stated that she was there to answer any questions. Bill Cardinell, a neighbor adjacent to the proposed site, informed the Commission members of the background of this area. He felt that the proposed lots were inconsistent with the size of the other lots in the area. He stated that he was not opposed to the development of the land, however, he wished to see larger lot sizes. City Planner Sturm mentioned that the applicant has met all City Code requirements with this application. Miller moved, Hunter seconded, a motion to approve a Comprehensive Land Use Guide Plan Amendment of approximately 4.6 D-III (Mixed Residential) acres to D-I (Single Family) . All present voted in favor. Miller moved, Hunter seconded, a motion to approve a Preliminary Plat consisting of four lots on approximately 4.6 previously-zoned R-i (Single Family) acres located along the west side of Blackhawk Road in the east 1/2 of Section 17, 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, Bi, B2, B3, Cl, C2, D1, El, Fl, G1 and H1 11, 2. Tree protection during site grading shall include enclosing trees to be saved with snow fencing or other suitable material. 1� JUL 29 '92 12:17 SEUERSON,WILCOX & ShENDON C 028 P05 Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 28, 1992 3 . A 40' half right-of-way shall be dedicated for Blackhawk Road. 4 . Individual driveway turnarounds shall be constructed for each of the three newly created lots. 5. All required permanent and temporary construction easements for the sanitary sewer shall be dedicated on the plat or acquired by deed conveyance prior to final plat approval. 6. The driveway connections at Blackhawk Road will require culverts to convey the drainage along the ditch system of Blackhawk Road. 7 . This development shall extend sanitary sewer to all four lots. 8 . The development is required to execute a waiver of hearing/objection to the costs for improvements associated • with the future (1994) upgrade of Blackhawk Road. All present voted in favor. • MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: JIM STURM, CITY PLANNER DATE: JULY 30, 1992 RE: WILSON ADDITION At the July 28 Advisory Planning Commission meeting, the Preliminary Plat for the Wilson Addition consisting of four lots on approximately 4.6 previously-zoned R-1 acres along the west side of Blackhawk Road was approved unanimously. One adjacent resident was in attendance who was concerned that lots varying in size from 29,000 to 86,000 sq. ft.were too small in comparison with surrounding properties. It was noted that the current zoning is R-1 and the Comprehensive Plan designates the entire area west of Blackhawk Road D-III (6-12 units/acre). The applicant submitted a letter objecting to Condition #8 regarding the future improvements to Blackhawk Road. Attached is a copy of that letter and an exhibit showing the relationship of the proposed subdivision to other lots in the area. If you would like additional information, please contact me. • City Planner JS/js • • 1 1360 Western Avenue North, #30 St. Paul, MN 55117 - July 27, 1992 City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Wilson Addition Honorable Mayor and City Councilmembers: I am the owner of proposed Wilson Addition which is scheduled to be considered by the Advisory Planning Commission on Tuesday, July 28, 1992. In reviewing the conditions for preliminary plat approval I would like to object to condition number 8 "The development is required to execute a waiver of hearing/objection to the costs for improvements associated with the future(1994)upgrade of Blackhawk Road." I object to this condition on the basis that there is no immediate benefit to my property. I feel that the time to determine fair and equitable assessments is during the full hearing process at the time that improvements are installed and assessed. Thank you for your consideration. 411 Mary ilson • • Agenda Information Memo August 4, 1992 City Council Meeting CONDITIONAL USE PERMIT/OUTDOOR STORAGE TOM THUMB/YANKEE SQUARE F. Conditional Use Permit, Tom Thumb, to Allow Outdoor Storage in a Commercial Zoning District on Lot 1, Block 1, Bicentennial 1st Addition Located Along the South side of Yankee Doodle Road in the NE 1/4 of Section 16--At its meeting of July 28, 1992, the Advisory Planning Commission considered an application for a conditional use permit for the Tom Thumb Store at Yankee Square Shopping Center. For additional information relative to the application, please refer to the Community Development Department staff report hick is enclosed on pages (5.--0 through f. C for your review. Also enclosed o L pages <g through L� are the Advisory Planning Commission minutes relative to this item. a APC is recomtnending denial for the reasons indicated in the minutes. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a conditional use permit for outdoor storage for the Tom Thumb Store located on Lot 1, Block 1, Bicentennial 1st Addition at the Yankee Square Shopping Center as presented. • • \Lkc SUBJECT: CONDITIONAL USE PERMIT APPLICANT: TOM THUMB STORES LOCATION: LOT 1, BLOCK 1, BICENTENNIAL 1ST (1446 YANKEE DOODLE ROAD) EXISTING ZONING: NB (NEIGHBORHOOD BUSINESS) DATE OF PUBLIC HEARING: JULY 28, 1992 DATE OF REPORT: JULY 16, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow outside storage on the sidewalk in front of the Yankee Square Tom Thumb store located on Lot 1, Block 1, Bicentennial 1st Addition. BACKGROUND: On November 19, 1991, the City Council adopted Section 11.10, Subd. 29c of the City Code to regulate outside storage in commercial and industrial zoning districts. In an effort to give businesses time to comply with the new ordinance, the City Council allowed a six-month grace period before requiring all outside storage to comply. COMMENTS: The applicant is proposing outside storage in front of the brick Tom Thumb store that will include seasonal merchandise (i.e. salt pellets, firewood, windshield solvent) in a "corral style" enclosure made of treated lumber, as well .as an ice cooler and an approximately 3'x 3'x 6' propane cylinder cabinet. Outside storage minimum standards set forth in City Code Section 11.10, Subd. 29c include: 1. Outside storage items shall be placed within an enclosure. 2. All such enclosures shall be attached to the principal building except in the light industrial district. 3. The enclosure shall be made of material suitable to the building and the items to be stored. 4. The enclosure shall not encroach into any established front building setback or other required setbacks. 5. The enclosure shall not interfere with any pedestrian or vehicular movement. 6. The items to be stored shall not exceed the height of the enclosure. SD 7. The display area shall not take up required parking spaces or landscaped areas. • 8. The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. 9. The square footage of outdoor display areas shall be included in the calculation of required off-street parking for the principal use of the property. The applicant has not provided an enclosure for the propane cabinet or ice cooler. The seasonal merchandise enclosure is open on top and in front. The suitability of treated lumber to a brick building shall be determined by the Advisory Planning Commission and the City Council. Also, the proposed storage location is on the pedestrian sidewalk in front of the store and encroaches into the established front building setback which is measured from the building foundation. FINANCIAL OBLIGATION - 16-CU-9-6.91, Lot 1, Block 1, Bicentennial 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 None • • I • If approved, this Conditional Use Permit shall be subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of approval with documentation provided to the City. 2. Outside storage items shall be placed within an enclosure. 3. All such enclosures shall be attached to the principal building except in the light industrial district. 4. The enclosure shall be made of material suitable to the building and the items to be stored. 5. The enclosure shall not encroach into any established front building setback or other required setbacks. 6. The enclosure shall not interfere with any pedestrian or vehicular movement. 7. The items to be stored shall not exceed the height of the enclosure. 8. The display area shall not take up required parking spaces or landscaped areas. 9. The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent 40 deterioration. 10. The square footage of outdoor display areas shall be included in the calculation of required off-street parking for the principal use of the property. 11. All applicable City Codes shall be adhered to. 111/ 1_ *SD-- • _� .1 • s11. - i#• iii: ::ii =:i is :3: 1 • _ F Frii :=ti:-= 'i ! 1 st i1"si1 Y 1 Ili 1. I I V i;1_11it:iii !s •1 ;• € st s ; 11.11•i11i;1i F P- i .s s ##iliitlliii i � '•hi. II I -. lyiii:=ti:.ii .. �I 1ti .1 s 1 t " ^ I:: 1 31 1 1 i .11ii=1;lliiil 1 i .aisti: ::-s : • W in I1" L_. -- Iri01t aims•M I 1 PT I �■tio 1 -• ` I o< sir.. _1 s � • -f_ ,� I 1 i I• I = L 7'1 1 i = . L f_ ; •• —I_ *---. Cs -Li . * kiimmiso O I, ,iy 1. %\hI ' i ,1 c am t` Tic =i-st-.....11 , d _ .... ::_-: 1 0 I I '•z ,! .i: moo_ :i —r , �–.1. 1 i —_- ' i3 I _ •_ M i• W IL4f I. I{ – ?"j"rl 1 s 1 •� t1 r• < 1 tlrr 3 `1 Ji, �� — . ' 1' W .ir — T - • _ ...-t•w T 1 77.,1777.7,-_-,1.,._ - r,= 1 ll ��..—. o/1.t — —w-- 1 I fjt •AC,t.�r 1 �I hi I 123Y1C 1•Y703� ; I •\ c) • D , `,Q ' Obi k.Z SUBMITTED BY APPLICANT • /L p i , s te Gle.,, evf por- t 11 �l 1's7 1 v 1 7,, ,R k ' Leer quality . . . it's your merchandiser . . . it's our 25-year reputation.. Model 40, Slant /i AiZ/iR This attention-getting. VI outdoor ice merchandiser Ioffers compact size.yet large If • capacity inventory to assure impact sales with increased 1f profits.Full two-inch thick. bonded polyurethane -.P insulation in all walls.tops. SPECIFICATIONS: and bottoms easily protects your inventory. MODEL 40 SO I/ r r -- — Capacity 84 Bags 140 210 Approx.Cu.Ft. 40 60 • Door Size 27x27 27x27 Outside Height SSW 69' Outside Width SOW 73' Outside Depth' • SSW SSW , r.IO?4 Cold Wall Weight! 306 408 Se-- 1 Model 60, Slant 16 Auto Defrost wtt 3 116 sr. Compact profitability.direct Compressor•Amps %HP/115V %NP/11SV '+•', consumer awareness and �` 12 12 t appeal is evidenced in this �:. - space-saving Model 60 ice rMe•Usswrr•when seed onw SOW ine/w,sel old rrSepik r.. ,- merchandiser from Leer.The s. «a, .lNUwmpwqu,*,wwwwsprele.wr�we«rPaa +' large.embossed, stainless ~"s"'a""l" '"s"�°'l�"�'�O1' r� �e^'�'M• • steel doors feature welded �) edges and easy access. as Leer Manufacturing Company, Inc_ . 1 ) /'? .1 Li'11 1 P_O.Box 206 (608)562-3161 l. I� 1 �.t : 206 North Leer Street WATS(800)356-5764 National t New Lisbon.WI 53950-0206 (800)362-5711 Wisconsin ■-- IFO . TTED DV APPLICANT • i 24 '92 10:47A MI .• P.1 — — • •Strong,Durable Construction , Carb'dc Turbo':cabinets have proven themselves stronger and more durable than any others presently on the market. Three shelf 27 cylinder model • -Dimensions: 40"x 40"x 71" Y ; -Constructed of 12-gauge steel •Welded Construction •Weighs approx.475 pounds dI'hrce mesh shelves • -Holds 27.20#cylinders -Two mesh doors with padlock hasp, Also available with the same high quality construction are: - • Two shelf 18 cylinder model I One shelf 9 cylinder model 12 cylinder forklift cylinder storage unit. , ; • •High Quality Paint i ' The cabinets are primed and painted with the highest quality Epoxy paints. 1 • -Standard cabinets painted white i Special orders for company colors I • •Signage We affix three 140 National Fire Protection signs,three propane signs,and one no smoking sign. There is a solid,flat plate approx. 12"x 36"above the top door to which your advertisement can be added(paint or decal for cylinder exchange). . ; ; ,t. _ •ot7T.6...1r4 ..,,-_ .. ...- .. . • . ..!_}'4 , ,:t.� , i -�f+.1.144,.Z+w , t mil` . • 1 14.! l'�•'es'/t,• ,k / I / [ -r a� }'T0*. 4t1 v{at f 1111�..w�. i n}y /,/ ! I' I r :,-+r...t].',.."?..k. ;le:• : ;mays . :;tit ;.- € ( 4-. l• , ,I w:4'4.'4.1-�:1?.� 1 -� • ,� ,iii,+� � rtl:t Crr{�' i, � .� ' • 1 ' t7�t •.Y N ' /1'. Y 1�,t 1 •. . E r•,..�r r4 + ! a t!1 .tF ( -`...1 ,tea_-h t•s'-� '�� .F `17-' 4`• "r4r= `..,• ,,:r1 • 12 cylinder forklift cabinet , J C33&tar capacity)' ;,.:\ t I 18 cylinder cabinet , . 1 (tor 20.33.43#tanks) ' , i ' i i �'.: '�'y'[: ,I'• •"s•.•y'NW�r e�7� n•,f 4' }t✓ ••2(for 2 #tank) ; ±' ^7 ,t ..-,, : may`.• ,. z, 4 `+ r (for 20*tanks) �/- M7.•.�y•�..-,:‘•:;-•:,y . c. "; ', t ' ryrp i ' ' :`.7,;..:4:0—%-•V,-;4416-'1411, , ..3 .:e,'1'1,'%., --:e"-41 ''•-•'''''• ' •••• t ....:',.4.1.i,....y;ae.P.;!; ..;:'W-44::•:'...•1*}. -4.,4 .3-..'4:1:C-1., •=1•11,414,2).;"•••:41,'-i*e' .11;',4 2-- :At7n..... ?.'' :-',--:•• s•:A,*,''.•'.3....:folv...'''S '.7 Ai ,..'....!'..114'' . -., .',...''::?•.: . '4 .-, f t 1:4 Li-P. :5e. 1;lir s...!-'..f: . "/7 . P'.,i14...,thi,". 1'4 =t..,*� . ."it; 3 i ..-;•1: �t lwto. i t1,1, kr``�,,� -.-c-. fit': I` ,i , w�� I •� 1 • S U F y Y, a .A t141 '��A, 1 f, ��•t: t' ,i'!it r r ,. 11',� , r fi� t\ ,k4;•1`;;;:• • ;`. .5 ti r �^' X, 'e7i c1 r' + t ,,. '1 I'iR` ` r 4,,...4" fys :. , ...‘,..-.•7.. .,•,I, , ,•;'41.-2..s.,.;i74.^..j:6:!,4 ".:.• ••,z,•,,.:•4;t:-.:: •• ',77,1■••.,.4t-12? : i 4`_�,; {(� i, `' ,"' k� < - I u' f .31.;x•--..11.-, , I I] . ,., ,a.. •.z w 27 cylinder easiest !•,..;• ;, r' ��„ (for 20e aNs) ti c lindK abn h t : .`, uo20 33.43a t t ) 9 eyndor abinet ' '`f ` '1 Uor 20.33.43$tanks) t. . .. .. r ;I t�. H ,-� , r....-7._ ..ter • t EX1,6,7{ ,8 SUBMITTED BY APPLICANT • • tINZi t I • • o ' v � 0 el 4 3 v • - a o 0 1 j ' Q 3 Z SUBMITTED BY APPLICANT JUL 29 '92 12:17 SEVERSON}WILCOX & ShENDON C 028 P06 Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 28 , 1992 TOM THUMB CONDITIONAL USE PERMIT Chairman Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage in a commercial zoning district on Lot 1, Block 1, Bicentennial 1st Addition located along the south side of Yankee Doodle Road in the NE 1/4 of Section 16. City Planner Sturm reviewed the background of this application and the Outdoor Storage ordinance. Tim Wandzel, a representative of Tom Thumb, stated that this application meets all requirements of the City Code. He further stated he was there to answer any questions. Member Merkley stated that the City Council prepared a list of minimum standards that must be met before a conditional use permit for outdoor storage would be approved. He felt that these minimum standards had not been met with this application. He stated that the proposed "corral style" enclosure was not actually an enclosure as there was no top or front on the enclosure. Also, the "corral style" enclosure is not proposed to be made with material suitable to the existing building. Member Merkley further stated that this application will encroach on the setbacks and interfere with pedestrian movement. For these reasons, this application should be denied. Member Miller stated that the applicant knows the current City Code and should propose an application which meets this Code. He felt that the applicant had not done this. Member Hoeft commented that he measured the sidewalk outside of Tom Thumb and found it to be 10 feet wide. The proposed ice container will take up 3 feet of this area, another 2 feet will be lost to pillars which are in front of Tom Thumb, and another 2 feet will be lost to parked cars which overhang onto the sidewalk. This leaves 3 feet for pedestrian movement which Member Hoeft felt was inadequate and unsafe. He also agreed with Member Merkley's comments. Mr. Wandzel replied that the product would not be stored behind the pillar and mentioned that the post office and City Hall only had 5 foot wide sidewalks. Mr. Wandzel stated that he went to all the meetings regarding this outdoor storage ordinance and felt that the City Council defined "enclosure" as to surround an area. He felt that the material proposed for the enclosure is suitable as it would match the trim of the existing building. He concluded that Tom Thumb was also concerned about pedestrian safety. ( L;S JUL 29 '92 13:27 SEVERSON,WILCOX & ShENDON C 032 P02 Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 28, 1992 Member Griggs felt that the applicant was meeting all standards of the City Code. Member Miller stated that he agreed with Member Hoeft's comments. Merkley moved, Hoeft seconded, the motion to deny a Conditional Use Permit to allow outdoor storage in a commercial zoning district on Lot 1, Block 1, Bicentennial 1st Addition located along the south side of Yankee Doodle Road in the NE 1/4 of Section 16, for the following reasons: 1. The minimum standards of the City Code have not been met, specifically: a. Outside storage items shall be placed within an enclosure. b. The enclosure shall be made of material suitable to the building and the items to be stored. c. The enclosure shall not interfere with any pedestrian or vehicular movement. 2. Safety hazard. 3 . Aesthetics. All present voted in favor, except Griggs who. opposed. Motion approved 6-1. • Agenda Information Memo August 4, 1992 City Council Meeting 410 CONDITIONAL USE PERMIT/OUTDOOR STORAGE TOM THUMB/BLACKHAWK PLAZA G. Conditional Use Permit, Tom Thumb, to Allow Outdoor Storage in a Commercial Zoning District on Lots 4 and 5, Block 1, Blackhawk Plaza Addition, Located Along the North Side of Diffley Road in the SE 1/4 of Section 20--At its meeting of July 28, 1992, the Advisory Planning Commission considered an application from Tom Thumb Stores for a conditional use permit to allow outdoor storage at its Blackhawk Plaza location. For additional information with respect to this item, please refer to the Comm pity Development Department staff report which is enclosed on pages ((p( through ((o for your review. Also enclosed on pages through l () are the Advisory Planning Commission minutes relative to this i em. The APC is recommending denial of the application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an application for a conditional use permit to allow outdoor storage in a commercial zoning district on Lots 4 and 5, Block 1, Blackhawk Plaza Addition as presented. • 1 I (2,d SUBJECT: CONDITIONAL USE PERMIT APPLICANT: TOM THUMB STORES LOCATION: LOTS 4 & 5, BLOCK 1, BLACKHAWK PLAZA (1815 DIFFLEY ROAD) EXISTING ZONING: NB (NEIGHBORHOOD BUSINESS) DATE OF PUBLIC HEARING: JULY 28, 1992 DATE OF REPORT: JULY 16, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow outside storage on the sidewalk in front of the Blackhawk Plaza Tom Thumb store located on Lots 4 and 5, Block 1, Blackhawk Plaza. BACKGROUND: On November 19, 1991, the City Council adopted Section 11.10, Subd. 29c of the City Code to regulate outside storage in commercial and industrial zoning districts. In an effort to give businesses time to comply with the new ordinance, the City Council allowed a six-month grace period before requiring all outside storage to comply. COMMENTS: The applicant is proposing outside storage in front of the brick Tom Thumb store that will include seasonal merchandise (i.e. salt pellets, firewood, windshield solvent) in a "corral style" enclosure made of treated lumber, as well as an ice cooler and an approximately 3'x 3'x 6' propane cylinder cabinet. Outside storage minimum standards set forth in City Code Section 11.10, Subd. 29c include: 1. Outside storage items shall be placed within an enclosure. 2. All such enclosures shall be attached to the principal building except in the light industrial district. 3. The enclosure shall be made of material suitable to the building and the items to be stored. 4. The enclosure shall not encroach into any established front building setback or . other required setbacks. 5. The enclosure shall not interfere with any pedestrian or vehicular movement. 6. The items to be stored shall not exceed the height of the enclosure. • (S ( 7. The display area shall not take up required parking spaces or landscaped areas. • 8. The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. 9. The square footage of outdoor display areas shall be included in the calculation of required off-street parking for the principal use of the property. The applicant has not provided an enclosure for the propane cabinet or ice cooler. The seasonal merchandise enclosure is open on top and in front. The suitability of treated lumber to a brick building shall be determined by the Advisory Planning Commission and the City Council. Also, the proposed storage location is on the pedestrian sidewalk in front of the store and encroaches into the established front building setback which is measured from the building foundation. FINANCIAL OBLIGATION - 20-CU-16-6.92, Lots 4 & 5, Block 1, Blackhawk Plaza Based upon the study of the financial obligations collected in the past and the uses proposed III for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount None IQ • Lo • If approved, this Conditional Use Permit shall be subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of approval with documentation provided to the City. 2. Outside storage items shall be placed within an enclosure. 3. All such enclosures shall be attached to the principal building except in the light industrial district. 4. The enclosure shall be made of material suitable to the building and the items to be stored. 5. The enclosure shall not encroach into any established front building setback or other required setbacks. 6. The enclosure shall not interfere with any pedestrian or vehicular movement. 7. The items to be stored shall not exceed the height of the enclosure. 8. The display area shall not take up required parking spaces or landscaped areas. • . 9. The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. 10. The square footage of outdoor display areas shall be included in the calculation of required off-street parking for the principal use of the property. 11. All applicable City Codes shall be adhered to. • L.Q3 •A /' . \ I 4 V \.. 4N II pl 1.L.... d- ~•• I1 s ::- -- - - c ..r 00 Odd A..r.. r$r. 1 1 , a • I L \ '— I ' `, 1 Z. •I ,•s I I I :i.11 Q ' u 1 . N ..- 3 '- ,I` r^ i Q NI fit, I i_ 1: '1 i• J a.. •-� 1 . I �Ii - • 1�� •yy ' I 1 1 1 q I i Qtl dMSCJ 1 .....:. •.. •I°'1 ' '�t 1 I U ,i 1 11. ' •11 ►0 0 ; 4 �- II al 1 I �i--s...0 i _.t.:I IL 1 J • i:' .....■•6111111111.111111114- 1 I. : 1 1 i: s ; i.© / : I • I j 41 • i ,1 1.J 1 1 4," ■ I..1... i t 1, , . ' 1/ -�� ►1 co , t'1'l i 1 62 4) '•ij r:�,‘,/ ��':x+1.1• . '' , • ."'"..: .. ■ .j \r j -ter.I S ~�.' !. i C • • i • � 3 Z a c v , SUBMITTED BY APPLICANT %S. l ( ' < O c 1 . liCilielt141 A La Nor-- N, r I-1Ft:i- 'A-.) L-,1 1 ) ONO itsilits: G fc___:____iihar Leer quality . . _ it's your merchandiser . . . it's our 25-year reputation. Model 40, Slant - 1:t kl R This attention-getting. J outdoor ice merchandiser offers compact size yet large capacity inventory to assure impact sales with increased profits.Full two-inch thick. i — 0 bonded polyurethane • insulation in all walls.tops. i ''I and bottoms easily protects SPECIFICATIONS. , i t your inventory. MODEL 40 i0 Capacity 9N Bps 140 210 ' N Approx.Cu.Ft. 40 60 Door Size 47x2T 27 x2T Outside Height 69W 69W Outside Width • SOW 73' Outside Depth' 35W 3SW C-raw is Cold Well Weghtt 306 409 Model 60, Slant Auto DshostWtt S16 416 n',. s Compact profitability,direct CosgrsssorAmps •'AHion15V %HP/115V consumer awareness and t_____M 12 12 appeal is evidenced in this ...,.,,.a- space-saving Model 60 ice •comisommos"m"'l'r•'an ENO in ono WNW"rorw,r+lMITOr won. U merchandiser from Leer-The %MINI wwrrjwyof wrrn+ Inr+�wwow�a�w■r.«mow '; r weep uwassi maw anrswwl ie,eseemseisit ft met asie psvisway. i.1....44,,.. -- large.embossed.stainless j steel doors feature welded edges and easy access A- Leer Manufacturing Company, Inc. [, j ((i1/ ) L1 �� �"? 1 P-O-Box 206 (608)562-3161 206 North Leer Street WATS(800)3 56 5764 National NINew Lisbon.WI 53950-0206 (800)362 5711 Wisconsin a, ,b' D SY APPLICANT • • - JUN 24 '92 10:47W1 P.1 — — •Strong,Durable Construction . Catrb•&Turbo's cabinets have proven themselves stronger and more durable than any others presently on the market. . Three shelf 27 cylinder model • -Dimensions: 40"x 40"x 71" •Constructed of 12-gauge steel •Welded Construction • • •Weighs approx.475 pounds •Three mesh shelves ' •Holds 27.20#cylinders -Two mesh doors with padlock hasp Also available with the same high quality tmctsttyetlen are: •Two shelf 18 cylinder model ; • One shelf 9 cylinder model •• 12 cylinder forklift cylinder storage unit. :' ••high Quality Paint ; • The cabinets are primed and painted with the highest quality Epoxy paints. -Standard cabinets painted white • -Special orders for company colors I •Signags We affix three 140 National Fire protection signs,three propane signs,and one no': smoking sign. There a solid,flat plate approx. x 36"above the top door to ; . s which your advertisement can be added(paint or decal for cylinder exchange). • - ... . •• I 1 i„:;,.„11. Q ./.,.. ... ..m.tits ,i_ L,;•:;;i '- , • (+r r 0S r''1-,::..,Y I �' ' 1 ¢� � 4'•,,...,, ,J, R � e. x Y ,,,,..1.,,,..i. . ,,,g1-. ., _,I, ,--...-1?:4-„:- 41,. . 0 •••, •. •,`,.;u._." '-••- `i':-',. .--_,44-,,g7..';•••' C,I'l Ai !rJ7) • 1 K rJ!//1 //J `7 1 ,-!t\-R 1r. C�•,•, .t• 1, • ,gip • ( � t �i tir..,ili f -,} � '- 3 i • t •: r' 1 K i r ui2 Jtt :�C�rr -1 ''�� t •V .� ,L/' \ ,, 'rte ■ . t �r i ...c44.00:,••••,...:•-, . , ij �-S �' L f ,l l,f>> by i.....;7-;-:;:?;'.W- '....:',"44'•ti t....:1'1.:%41, ‘;'.14'.:. t, ,�,a •. :11,-1.1 lr`'�R_f•1.7. �•.-w 1/ GS.'StYt ',et,. T t��'-I�Q T '. r ;,, ' , �'Y'�`7 + 12 cylinder torklilt cabinet• • . 1 ••:;. ,, �y u• :1 ]. 1 ; (33 Jc 435 capacity)• ; • 1 18 cylinder cabinet • • (tor 20.33.43*tanks) . ' t i • . • '. : _ , La�L r,1 ,'.1",;•:;' �r_ j. y R-!r , , 4 , tt,.% c'.!6.1-1,' •-, . -\i4 ---J 14;7 • '''. • ', - --,t/•-1"e7d 27 cylinder cabinot .YS '`r' t i P, . ` `,r c t , ((0S 20e tanks) c .. �.1 / A ,.• � • .� r *'-- � - `]r r 1z • , .1 jar Fr^ :•t• •r.1c� - tt, yi• ,'. • .t•, i'�`'.,. ;..p+4" �.a'.t�.-1' i 1.41;,',1`•;•'-•' ` ! 400` , 1. • ..,5 , f :.••,y i�•7r l ,,. ._:,.,•:-, .f, � �.�� r �Y�. r \ \�}r`r; � (� ,��tr{• ';:r JI �utw'�. jai { . ' :L Yt ,. S• 1.2 r� tic ,',r •r .; r•114......!� -� {t l far * {?r���ijt! "1.••`• •r -4: " ,. : 4�t . I �.. . '...,%;-'1:::. 7 r•/k q 't. J t�w a T`e 1.'3 t•fit s l i°t :. .. 59.,'___ . • 1•:V,t.Id 1 . t''"•::fy` l' r k •fir ✓ •, t x1.✓j•ei -� .,, ,. YeE ,.,:51.� r i l 1;;;;i14-4. ..S i 11 1■0 [{'mot / ".- (..4,,,,_.1-,-, }tom. e. ;� ... ......:,.....: . C r:44, , Y.f 3' ?�i:.�.. .� t w'': t.`.:'� ' Ye y.It ,7J , i *:.- :''` ....t i ...t,:�,.. w „eltil>~ am cabinet to cylinder abinet I 1 A,'..o,.../:,...1.-:,,a,31,67_, , ,,a •�r• , •:', ; . �", Of 20.33.434 t ,k) '9 gymnast cabinet I . + .i.*.6. . :f;,i (tar 20•33.430 tanks) 0 , ,. __...- a.,- •=a=sa=.—_-_„r_____e • . . i • , • . . z--xtivio6; .. 1 . • .• ,•.. . . . l ' • SUBMITTED BY APPLICANT L.Oe"—A • , • • 1 � I t �l • • O�c i ~ i O in tkt • \° • SSV,, �lV s v • a o o • • • • 1 s 1 Q 3 ct 4 SUBMITTED BY APPLICANT JUL 29 '92 12:18 SEUERSON,WILCOX & ShENDON C 028 P08 Page 8/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 28, 1992 TOM THUMB CONDITIONAL USE PERMIT Chairman Voracek opened the next public hearing of the evening regarding a Conditional Use Permit to allow outdoor storage in a commercial zoning district on Lots 4 and 5, Block 1, Blackhawk Plaza Addition located along the north side of Diffley Road in the SE 1/4 of Section 20. City Planner Sturm mentioned that this application is basically the same as the previous, except a different location. Tim Wandzel, a representative of Tom Thumb, mentioned that at this Tom Thumb store there is U shaped protectors against the sidewalk to prevent cars from parking over the curb. Again he felt that they had meet all standards of the City Code. Member Hunter stated that this application should be approved as there is not safety hazard. • Member Hoeft stated that Tom Thumb already has propane stored outside the building. He observed pedestrians walking single file around the propane. He felt that adding more outdoor storage will only narrow the sidewalk even more and that this was not safe for customers. Mr. Wandzel mentioned that there is 5 feet from the edge of the sidewalk to the propane enclosure. Member Graves felt that the applicant had met all of the standards. Griggs moved, Graves seconded, the motion to approve a Conditional Use Permit to allow outdoor storage in a commercial zoning district on Lots 4 and 5, Block 1, Blackhawk Plaza Addition located along the north side of Diffley Road in the SE 1/4 of Section 20, subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of approval with documentation provided to the City. • 2. Outside storage items shall be placed within an enclosure. 3. All such enclosures shall be attached to the principle building except in the light industrial district. 4. The enclosure shall be made of material suitable to the building and the items to be stored. 5. The enclosure shall not encroach into any established front building setback or other required setbacks. L�� JUL 29 '92 12:19 SEVERSON,WILCOX & ShENDON C 028 P09 • Page 9/EAGAN ADVISORY PLANNING COMMISSION MINUTES JULY 28, 1992 6. The enclosure shall not interfere with any pedestrian or vehicular movement. 7. The items to be stored shall not exceed the height of the enclosure. 8. The display area shall not take up required parking spaces or landscaped areas. 9. The display area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. 10. The square footage of outdoor display areas shall be included in the calculation of required off-street parking for the principle use of the property. 11. All applicable City Codes shall be adhered to. Member Hoeft stated that he was still not convinced that treated wood is a suitable material. He mentioned that if the City does not strictly enforce the City Code they are opening a floodgate of other similar applications. He stated he could not support this motion. Member Merkley stated that he could not support this motion for the reasons Member Hoeft mentioned. Member Miller also stated that he could not approve this application. Griggs, Graves and Hunter voted for; Voracek, Miller, Hoeft and Merkley voted against. Motion denied 4-3 . A discussion occurred as to what constitutes "suitable material." I -T2) • Agenda Information Memo • August 4, 1992, City Council Meeting ADDMOML APPROVE PLANS/AUTHORIZE AD FOR BIDS (LAKEVIEW TRAILS ADDITION) A. Contract 92-11, Approve Plans/Authorize Ad For Bids (Lakeview Trails - Streets & Utilities)--With the petition submitted by the developer requesting this public improvement, the Council honored his request to simulaneously prepare the detailed plans and specifications. Subsequently, these plans have now been completed and are being presented to the Council for their consideration of authorizing the advertisement for competitive bids assuming Project 635 has been approved as a part of the public hearing process earlier on the agenda. ACTION TO BE CONSIDERED ON THIS ITEM: To continue/approve plans for Contract 92-11 (Lakeview Trails - Streets & Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m., August 28, 1992. • • 1 CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 PART I - GENERAL INFORMATION DIRECTIONS: This form must be filled out in duplicate with typewriter or by printing in ink. If the application is by a natural person, by such person; if by corporation, by an officer, thereof; if by a partnership, by one of the partners; if by an unincorporated association, by the manager or managing officer thereof. (Personal information forms must be filled out and attached for each individual whose names appear on this application). W 1. NAME OF APPLICANT: 4LL 4CE ./4-141ES &CtEI E4(-t, TYPE OF APPLICANT:)( Individual Partnership Corporation/Association Other 2. Name under which applicant will be doing business (Name of restaurant or hotel); business address and telephone number: ( < BUSINESS NAME 1 Cc. LO S f 1C L 7._7- e2 1 4- BUSINESS ADDRESS 1410 a ( l" Lc K &) b PHONE b — 4S q t a I a Street City State Zip IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION, NAME OR STYLE OTHER THAN FULL INDIVIDUAL NAME OF THE APPLICANT, ATTACH A COPY OF THE CERTIFICATE AS REQUIRED BY CHAPTER 333, MINNESOTA STATUTES, CERTIFIED BY THE CLERK OF THE DISTRICT COURT. 3. (a) INDIVIDUAL: state name, residence, business address and telephone numbers. r- `` 5O?^ NAME w 4 LLk LC �A r►1 r S pD c.t�1 iZ('_ PHONE 404-S--Ff S 3 7 First Middle Last RESIDENCE ADDRESS 14(¢ q 1 I e. k O nU S D 4-Le_ 13 L V Veo ►kA, -S-I-CDS- City State Zip BUSINESS ADDRESS PHONE Street City State Zip (b) The name, residence address and telephone number of the manager, proprietor or other agent in charge of the individual owner's premises to be licensed. NAME rPA4 I C I A -BO u,d -2 e 4 ' PHONE 3 First Middle Last L / RESIDENCE ADDRESS 6 11 f. 4o,t s a 19-L e. BL.V c JOtei-A\ft A-4 tO ....575-b-C 7 trees City State Zip 1 I 6. State the exact legal description of the premises to be licensed. Applicant must also submit a plat plan of the area showing dimensions, location of buildings, street access, parking facilities, and the locations of and distances to the nearest church building and public school grounds. 7. How are the premises classified under the Eagan Zoning Ordinance? B. State name, residence, business address and telephone numbers of owner or owners of the building wherein the licensed business will be located, if owner is other than the applicant. NAME ? CL 4 t2a g V ab e c k re r 1 S (10 PHONE — 8a 8— goo 0 First Middle Last RESIDENCE ADDRESS Street City-State-Zip BUSINESS ADDRESS- o x l ? M l 4)del.pa L 1s Wt. S'S'�a`f' Street l City-State-Zip 9. Where building is owned by other than applicant, state in summary conditions of lease agreement-term of years, monthly rental, etc. (A true copy of the lease shall be attached). 10.If building is owned by individual applicant, partnership, corporation or association state: (a) Date of purchase (b) Name and address of person purchased from (c) Purchase Price $ Name Street City-State-Zip (d) Amount of down payment $ (e) Who currently holds mortgage? (f) Amount of Contract for Deed $ (g) Who currently holds Contract for Deed? (h) Term of Mortgage (i) Term of Contract for Deed (j) Rate of Interest on Mortgage or Contract for Deed (k) State the rate at which Mortgage and/or Contract for Deed is being liquidated (1) Are the payments on Mortgage and/or Contract for Deed up to date? 11.State the gross amount of the investment that the application has in the business premises, including fixtures,furniture, stock in trade, etc. ) o © O 12.Give full name, address, telephone number and the nature of the interest, amount thereof, terms of payment or other reimbursement, of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, or stock in trade. (This shall include, but not be limited to, any lessees, lessors, mortgagees; mortgagors, lendors, lien holders, trustees, trustors and persons who have co-signed notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant). COPIES OF LOANS, NOTES, ETC. SHALL BE SUBMIT II:.D. FAA-,Q1CI k�6c-tce €►f.LA. L-1 6W 1 €. LDAisp QLV ' IODfe+it'ct e lc ")/�S o�-] (. 0 7—' -i!f�3 t.i) 13.State the floor number, street number, general area, and the rooms where intoxicating liquor is to be sold and consumed. (Applicant shall attach a floor plan of the dining rooms showing dimensions and indicating number of persons intended to be served in the dining rooms, and indicating and identifying all other rooms and other areas where intoxicating liquor is to be sold and consumed). PLANS SHALL BE DEVELOPED AND SUBMITTED. s�+ 1k>9 FL ' p L I,,J a,u Pi Le 4 • CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 PART II - PERSONAL INFORMATION DIRECTIONS: This form must be filled out in duplicate with typewriter or by printing in ink by the sole owner, by EACH partner, by EACH manager, proprietor or other agent in charge of the premises, by EACH person who by combined ownership or control has an interest in a corporation or association in excess of 5%. DATE: 7-- (4o 1. TRUE NAME: L?Mutt%AM k Pa4r 4-h M Last First i R fiddle 2. RESIDENT ADDRESS; ix I/ 1. Lan ett& 11.0J, 4ys`.. tsa )rkf, (/� � . at Home Phone City State Zip 3. BUSINESS ADDRESS: Street Business Phone City State Zip C 4. PLACE OF BIRTH: tld t frit , City County State 5. DATE OF BIRTH: 3 1 tj if Month Date Year 6. U. S. CITIZEN? Yes No NATURALIZED? Yes No If yes, give date and place: 7. ALIAS: If you have ever used or been known by a name or names other than the true name given in #1 above, list such name(s) and information concerning dates and places names have been used: Name(s) Dates, Places & Circumstances 8. MARITAL STATUS: Single Marrieck Widowed Divorced Separated 9. If married, true n me place and d- - of birth and Ri=fdrdress of spouse: True Name: 114 L 411 4a Place & Date Of Birth: A � ` . Residence Address: V /�� rvicir!-'mirI !Nilo pillurywirral Street City,State,Zip 10. Address(es) at which you have lived during preceding ten years. (Begin with present or last address and work back) Number and Street and St a ost .r rms.? Dates 1 police department yIIjp � YP, PATRICK J.GEAGAN �, �" Chief of Police KENNETH D.ASZMANN city of aagan Operations Captain 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-1897 THOMAS EGAN PHONE:(612)681-4700 Mayor FAX:(612)681-4738 PATRICIA AWADA PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members THOMAS HEDGES City Admininstrator EUGENE VAN OVERBEKE July 30, 1992 City Clerk TO: Jerry Meszaros, Operations Lt. FROM: John Stevenson, Investigator SUBJECT: LIQUOR INVESTIGATION/BEER LICENSE FOR PICCOLOS PIZZA This memo is an addendum to the memo I sent you on June 5, 1992 , regarding the liquor/beer license application for Piccolo's Pizza. As you are aware, Chief Geagan had a phone conversation with Wallace Boudreau and Mr. and Mrs. Boudreau, yourself, and I have had a meeting discussing this liquor license application. As a result of those meetings, Mrs. Patricia Boudreau has made application to be named the manager of Piccolo' s. On July 23 , 1992 , I received the applications and waivers and completed my background investigation of Patricia Ann Boudreau. My investigation indicates no reason to deny an on-sale 3 . 2 license to Piccolo's Pizza based on the background investigation of Patricia Ann Boudreau. I have still have some of the same concerns with Piccolo' s as I had before and I will be monitoring the business for violation of their c _,_on-sale 3,2 license. Jo n Steven on J :kg ■ e i F ' it 6 t c(d Kt-At( 'el I F i,, I- - 3i- q VU) THE LONE OAK TREE . . . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer c�S MINUTES OF:A: ,ot#j :1G OF THE FACAN CITY COUNCW.: •. Minnesota .... July 21, 1992 A regular meeting of the Eagan City•'Cg i I;:*0::hdd on Tuesday, July 21, 1992, at the Eagan Municipal Center. Present were Mayor Egan andifti #iiie'mbers Wachter,Awada, McCrea and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. City Administrator Hedges noted that Consent:4genda Item:P, Final Plat, E-Z Stop of Eagan would be recommended for continuance. Recommended as additions under Additional Items included Project#543R, settlement agreement for seven property owners and::?xoject #4R, Richard McGrew assessment. City Administrator Hedges also recommended the.acidititiii ilf.Megh zis:Addition and a request for a license to operate a driving range at Lexington and Difllej+:::::.. :' Pawlenty moved, McCrea seconded, a motion to approve the agenda for the July 7, 1992, regular City Council meeting as presented. Aye: 5 Nay: 0 Mayor Egan asked for a clarification regairding: itcation/Eagan Corridor Position as stated on Page 4 of the minutes. It was noted that the Council had ratified'the memo that was included in the packet rather than the specific position that the corridor test be redone by,the.Met opolitan Airports Commission for a period of 60-180 days. Pawlenty moved, Wachter seconded;:aiiiotion to approve the July 7, 1992 minutes as amended. Aye: 5 Nay: 0. .8M1 `?'f'I[ N :.. . ...:.:... *. g•• .�a� a0A City Administrator Hedges introduced this item::as a recommendation by the Police Department to commend Michael Norton for saving the life of Nathan: itinozzi at:H.iolland Lake swimming beach on May 31, 1992. Deputy Chief Aszmann explained that typically the Chief of Police writes a letter of appreciation to outstanding citizens but wanted to take it a step further by recognizing these citizens publicly with a commendation. After introducing Michael Norton Deputy Chief Aszmann asked Mayor Egan to present the Outstanding Citizen Commendation to Mr. Norton. After reading.gie commendation, Mayor Egan presented the award to Mr. Norton thanking him for his prompt action is Oft the life of Nathan Antinozzi. FISH LAKE TRAMWAY. City Administrator Hedges introduced this item as a trailwek;ocated outside the trail easements for Fish Lake Park. Staff has been working with the adjacent property owners relative to alternate solutions to this issue. Mr. Hedges continued that the Council has visited the site and are aware of the options. • Page 2/EAGAN CITY COUNCIL MINUTES •••••• • JULY 21, 1992 .•.....•.. .•.•...•.• After being asked for questions or ccit*U.vnts by MayorgiO,Councilmember Wachter responded that the trail was placed before the houses were built: ii:444:.*rq.4:44iei unfortunate that it wasn't completely within the trailway easement. He continued that the stay at it's present location but that the trail should be moved to it's correct location to see if this change will mitigate some of the inconveniences expressed by adjacent neighbors. Mayor Egan reviewed some of the options the Council could consider. Alternate A shows a portion of the trail being re-located within the easemen4:*eii:k* Ig.: ....41:0e existing trail now in place at a point east of the common property line between Lots 8 iiiia.9:11/ :Ohirtifai6**1d require new trail easement be obtained for that distance in which the trail goes outside theiiiiirrent e*Ment. Alternate B proposes the trail be completely relocated to within the existing easement,...:..The old trail would be removed and restored. This alternative would not require any agreement with.:0:45.:.:...effected.:*perty owners in terms of obtaining new easements and would keep the existing fishittg.00;.g:iii:k.iltr*.l*tion. Alternate C shows the closing of the trail or park at a specific time. Currently .14:iiiik doki:::4.41:00 pm which is consistent with the City Ordinance. Councilmember Awada favored Alternate B which is to replace the trail noting the difficulty in trying to enforce park hours before 11:00 pm. Mayor Egan asked what options there might be in closing this park earlier than 11 pm. Deputy Chief Aszmann:Te§ponded that it would be difficult to enforce different park hours. Councilmember Pawlenty noted thai4iiii.h#14:yisfted the site he could not see a better option for the location of the pier and felt the relocation of the liail:**flid•proper course of action. • Mayor Egan added that if the surface of the i.e.wood chip vs. bituminous, there is a risk of losing the support of the DNR becau.w.:*.40i6:7514k's conditions for access to the pier they installed • at Fish Lake was that the pier be handicap accessible. Mayor Egan concurred that the best option would be Alternate B. • Tom Lay, 3672 Pinecrest Court commented that he would like to see the park closed at 11:00 pm like the other parks are. What happens is that people remain within the park after the 11:00 closing time necessitating a call to the police department....}:Ip cc tw4. liat.if the Council opted for Alternate B,would the city allow for plantings along the easement:.*:1:40i.if.:#004.0:60"::0e neighborhood. He also requested that a satellite be installed within the park. bliietdi%iirliitiiilltecreation Vraa stated that faster growing plantings would be the best option for providing a 10dscape tiger to the neighborhood. The option of providing a satellite in the park would also be an option if the Ci4cil so desired. • Dale Runkle,3669 Pinecrest Court added that lie would 0,1.§4 the easement clearly identified as well as the limits of the easement. His preference is that there not be a satellite placed along the trail; rather, if one is to be installed within the park that it be placed nearing the parking lot area. Deputy Chief Aszmann,in response to an earlier comment about the police department's response time • stated that the normal response time for emergencies is 3-5 mini*with non-emergency response time being approximately 15 minutes. He continued that there are times t takes longer depending upon other calls being handled by officers and that it would.hg..4#:•0..:K•Ailq4.4.krp.are times when the response time can be 15-20 minutes. Councilmember McCrea commented that by adding 11::***4tellite within the park it makes it more convenient for people to stay longer than they normally might. '1*.Outy Chief Aszmann added that a satellite may also pose a vandalism problem. Page 3/EAGAN CITY COUNCIL July 21, 1992 • After further discussion,Wachter mov 4,Awada secoodcl,•iit motion to accept Alternate B,as identified as Exhibit 3, which proposes the trail be compfe4. g:rd afed ttii'within the existing easement. The old trail would be removed and restored, the existing fishing'pier Would be kept at its current location to satisfy the demands and needs of the users and there would be a loss of some larger bush type vegetation near the property line between Lots 8 and 9, however additional plantings would be done as a buffer. Additionally, a satellite would be placed within the park to see how it works and if there is a problem with vandalism it could be removed. Aye: 5 Nay: 0. FIRE DEPAMENT:::::.: RESOLUTION REGARDING REIN ASSOCIATION LUMP SUM SERVICE PENSION AMOUNT City Administrator Hedges introduced,this.at • s:wt mtetj r'etation according to Minnesota Statute that defines the maximum service pension for ttyte::I re:::f)epaittment::Relief Association. The Attorney General reviewed the benefit level of the Anoka/Champlin Fire Department Relief Association and found that the maximum lump sum service pension per year of service is $3,000. A small number of relief associations, including Eagan, were paying benefit amounts over this maximum as of December 31, 1991. The issue of "grandfathering"these associations through the allowance of maintained benefit levels in force as of December 31, 1991 was vetoed resulting in the State Auditor reporting associations who were in non-compliance which would then result in withholding a State fire.:aid:•until the disqualification is remedied. After brief discussion,McCrea moved,Waclitei:stcopcled,..a motion to authorize the City Administrator to send a letter to the State Auditor stating that t#te City of Eagan.will comply with the maximum lump sum . service pension to not exceed$3,000 and will place:;all volunteer.:f refghters who have retired on notice that the volunteer firefighters have been overpaid and theree:Iii4 a no:titii'te payment exceeding the maximum lump sum . service pension of $3,000 and further, that make every effort to correct the matter in the next legislative session,grandfathering all payments:that were made according to an approved plan by the City in force as of December 31, 1991. Councilmember Pawlenty stated he had received a call from Mr.Mark Weidenhaft regarding the traffic situation on Rahn Road. Mr. Pawlenty asked if there was anything that could be done to help alleviate this \ problem and Deputy Chief Aszmann comment d:that:tt:4f£iO4:r.gnnitored on a regular basis,however,the traffic levels and speed always accelerate to the level:t y+i iiere:biarf or t 0./iiolice stopped those that have been speeding. It was suggested that a copy of the Rahn Road speed stpdy be sent.to Mr. Weidenhaft. • A. Personnel Items Item 1. Hearing Conservation Program Agreement/Bloomington Public Health Service. It was recommended that the contract with the Bloomington Health Department for the hearing conservation program be approved. Item 2. Volunteer Firefighter Members --It was recomtheiided that the acceptance of Michael Bihl, David Johnson,Eric Otjen,Michael Scott and:Dgv%d:1o' *B:fular active members of the Eagan Volunteer Fire Department be approved. • Item 3. Temporary Administrative Intern/Recycling Spedist--It was recommended that the hiring of Mary Moga as a temporary six month administrative intern r�3e g specialist be approved. Page 4/EAGAN CITY COUNCIL MINU1' '''''''".'',' July 21, 1992 Item 4. Resignation/Clerical Technu tin.III/Parks and isc'reation Department--It was recommended that the resignation of Barbara Sellars be accepted: :appst>.vf 1:Was given to the filling of the.full-time Clerical Technician III position. • B. Plumbers Licenses It was recommended that the following plumbers'licenses be approved:All American Mechanical,Aqua City Plumbing, Inc., E.M.I. Service, Gardner:: iOn0*.' i cal;M ie Larson Plumbing, M & D Plumbing & Heating, Main Line Plumbing, Richfield Plumbing ti :Itic iti ir$Misek's. C. Massage Therapist License - Barbara Pakola Councilmember McCrea,recognizing;the•neicl.fot:tihera :tific massage services,expressed her concern for the amount of the license fee. She continued that perhitiii i he Council should consider charging a lesser fee when a service of this type is tied in with a health care facility. McCrea also questioned charging more for a massage license than a liquor license. Councilmember Wachter responded that the fee had been determined by the Council based on the investigation time involved. Mayor Egan suggested that staff review the issue and report back to the Council with their findings. Of particular interest,McCrea added,would be the rationale as to why massage licenses are more than liquor or pawn shop licenses. • It was recommended that the massage'tiiera t•:liceAse for Barbara Pakola be approved. • D. Cigarette License/Wal-Mart It was recommended that the cigarette:hcen elfor the Wal Mart store at 1360 Town Centre Drive be approved. E. Pet Shop Licensed Wal ?art Councilmember McCrea stated she was not in support of issuing a pet shop license to Wal Mart because of the close proximity to existing similar businesses.. .Councilmember Pawlenty explained his agreement with McCrea's sentiment, however he considers::tits::0:: .: ?::iapproipriate function of the Council to protect businesses. McCrea responded that it maybe'.tte'eessaiy'tti' ielp'protect some of the small businesses in Eagan. Pawlenty stated that he would not be in favor of continuiig.this issue:biased on it's competitiveness issue,however if there was a health,safety and welfare issue perhaps acntinuance would be appropriate. Mayor Egan added that if there was a health, safety and welfare concern ietive to thipet shop license,this would not deter Wal Mart from opening and would also provide time to obtain furthe :itormation. After a brief discussion,McCrea moved,Pawlenty seconded a motion to continue the Wal-Mart pet shop license to the August 4, 1992 City Council meeting. Aye: 4 Nay 1 (Awada). F. Resolution to Set_Sale Date 1992 Improvement*ids.Two Refunding Bond Issues and 1992 Equipment Certificates t:" 2.Bill r tfement Bonds,two Refunding Bond Issues It was recommended that the sale d<ite:� :�•.'•',:•,....�.'' and the 1992 Equipment Certificates be set'foi''1 tigust''fi$''t90:"'' G. Final Plat-Weston Hills Addition It was recommended that the final plat for Weston Hills Addition be approved and the Mayor and City Clerk were authorized to execute all related documents. Page 5/EAGAN CITY COUNCIL MINUT $ • July 21, 1992 .:.:.:.:. ......... H. Consideration of Request kii::Ccipoessiq*:%ipport of the Cable Television Consumer Protection and Competition It was recommended that the position be approved and correspondence authorized supporting H.R. 4850, the Cable Television Consumer Protection and Competition Act of 1992. I. Receive Bids/Award ContrO:PPRig)::::::: It was recommended that Contract 92-07 (1992 eakoatWrogram) be awarded to Allied Blacktop Co. and that the Mayor and City Clerk be authorizedto:execute all:related contract documents. J. Receive Feasibility Report/9{110010f etzi0ig::(Poppler Addn) ' •.' It was recommended that the feasibility report for Project 636 (Poppler Addition-Streets and Storm Sewer be received and a public hearing be scheduled for August 18. K. Receive Bids/Award Contract (Johnny Cake Ridge Rd & Cedar Industrial Park It was recommended that the bids 13.6740y.e51 and Contract 92-06 (Johnny Cake Ridge Road & Cedar Industrial Park Street Rehabilitation) be aViiiIiii:;.0/4:eNaniara Cont. and the Mayor and City Clerk be authorized to execute all related documents L Acknowledge Completion/Autho:the Cily Maiflenance (S Todd Rapp) It was recommended that the completiO*Of Project 91-G(S.Todd Rapp Addition-Streets&Utilities) be acknowledged and perpetual maintenance subject to warranty provisions be authorized. M. Acknowledge Completion/Authorize City Maintenance (Fairway Hills 1st Addition) It was recommended that the completion of Project 86-W(Fairway Hills 1st Addition-Streets&Utilities) be acknowledged and perpetual maintenan4414.4***.f :#4visions be authorized. N. Change Order #1 (Eagandale Cente90,clustrial f.etrk No. 3 & 4 It was recommended that Change Order#1 tO:03ntract 006 (Eagandale Center Industrial Park No. 3 & 4 - Street Overlay) be approved and the Mayor and CityUrk be authorized to execute all related documents. 0. Approve Plans and SpecificationslAuthorizz Advertisement for Bids.Btackhawk P_ark.Phase I It was recommended that the plans and specs for BlackhawyPark Phase I be approved and authorization be given to advertise for bids. P. Final Plat/E-Z Stop of Eapn It was recommended that the final plat for E-Z Stop ofitgan be continued until the August 4, 1992 City Council meeting. ...•••.•. Wachter moved,Awada seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 Page 6/EAGAN CITY COUNCIL MINUTES:::::. ?:';::::::::::: :`:::: • July 21, 1992 CEDAR GROVE 7TH ADDTTIOIN:ANI): E ESTATES (STREETLIGHTS) • City Administrator Hedges introduced the public hearing for Cedar Grove 7th Addition and Lakeside Estates streetlights. Assistant City Engineer Foertsch explai ..that.Pr9jeat N9.•.634 is the result of 150 residents asking for a feasibility report regarding the installatiotk iiiif.:8t t s:**ithe residents of these two areas. Mike continued that the project is feasible and is in accordance:'with the:City's policy on the installation of streetlights in residential areas. Cedar Grove No. 7 and Lakeside:'Estates congas 202 and 48 lots respectively for a total of 250 lots which would benefit from streetlighting. 7:40..45 streetlights would be standard ornamental on 18' standard poles with the conventional intersection streetlights a standard design mounted on 30' fiberglass poles with 6'aluminum mast arms. Both types of iiiOit; are:propose4:#s:ire installed by Dakota County Electric. The total cost of the project is estimated at $51;8411 which, divideitby the 250 lots equates to an assessment of approximately$207/lot spread over five years at 8%interest. There would also be a$2.95/lot per quarter energy charge which would be billed with water and sewer. It is anticipated the installation will be completed the first few weeks in September. With a show of hands, the Council wwas.able to identify those residents present who wanted to respond to this issue. Mayor Egan also asked for a ow:pf:hands to identify those in support of the project and those opposed to it It appeared,of those present,2/3.wete:iiport of installing streetlights and 1/3 were opposed. Shawn Hunter, 4054 Pumice Lane addressed the Counell::pressing his opposition to streetlighting in • the Cedar Grove area because of the flavor of the. b uhood:'.lIe continued that the petition he saw was in support of a feasibility study not installation:nf:st •eeiliglifs. Shawn stated that many people moved to this area in Eagan because it is dark and that he pers*iiiifkinjoys looking at the sky in the evening without interference of streetlighting. Unidentified resident of 1843 Taconite Trail voiced his support of streetlighting based on the additional security it will provide. Dave Wallace, 4036 Limonite Lane::eittila oee tbt:he:;'lad:started a petition several months ago in support of street lighting. After contacting the neighborhood•that would be impacted by lighting he noted there were 127 signatures,out of 201,that were in support of:!3 ting. H:e continued that he took the feasibility report to residents in the event there were questions. He alsostated that;the costs came in slightly less than what was previously approximated. His survey indicated that the majority of cc dents in the Cedar Grove No.7 area were supportive of street lighting primarily for security reasons. Maureen Janke, 1790 Taconite Trail stated she was asked to sign a petition in support of a feasibility study,not installation of street lighting. She continued that there are no statistics available that show that street lighting reduces crime in a residential neighborhood and further,,that many people in the neighborhood have installed their own yard lighting if they felt they needed that additiral security or visibility.She concluded that she did not receive notification that this item would be addressed:af:•the City Council meeting. Mike Foertsch responded that a legal notice was place in tlte:. ow j er::akil : t#noticing affected property owners. Bernice Marks,1791 Carnelian Lane expressed her concern for the type of lights that would be installed wanting to make sure they would sturdy, provide ample lighting*look appealing. She added that she, too, did not receive notification of the meeting. She concluded with l iti':concern relative to the maintenance of the lights. In response to the maintenance concern Mike Foertsch noted that Dakota Electric would cover the long term maintenance for these lights. • Page 7/EAGAN CITY COUNCIL MINUTES July 21, 1992 Randy Thiel,596 Grand Court expressed:his.support.of;i :Street lighting in Lakeside Estates because of the safety aspect as well-as security. Colleen Mashuga, 1819 Bluestone and Leonard Gust, 1839 Taconite Trail both addressed the Council expressing their support of street lighting to help security in the area. • After brief discussion, McCrea moved,;.pwlRIt}+.SOconded a motion to close the public hearing and approve Project 634 (Cedar Grove 7th pii�in::and I c rde T sates Streetlights) and authorize their installation through the Dakota Electric Association. A .5'.Na r 1) OUYBUSIMISS ON-SALE BEER LT /PICCOLO 'RESTAURANT Mayor Egan introduced this item for On-Sale Beer License for Piccolo's Pizza, Wallace J. Boudreau, 4162 Pilot Knob Road. City Administrator Hedges suggested the Council may wish to continue the item to pursue other options. Councilmember Pawlenty added that after having reviewed the material, he hoped there were no false expectations being given to the applicant in regard to obtaining a license. McCrea moved, Pawlenty seconded a':motipn..to continue to the August 4, 1992 regular City Council meeting an application for a beer license for Piccolo's.Piz feria for Wallace Bondreau. Aye: 5 Nay 0 !Mt B.li...S1 SS CONDITIONAL:USE 'ERMiT/JAMES BOMBARDO INDOOR AMUSEMENT:':DEVICES/MART ACRES 2ND ADDITION Mayor Egan introduced the Conditional Use Permit by James Bombardo to allow Indoor Recreation and More than Three Amusement Devices, Including Outdoor Miniature Golf and Go Cart Track, in a CSD (Community Shopping Center)District on Lot 1,Block 3,Mari Acres 2nd Addition,Located along the west side of Nicols Road in the SW 1/4 of Section 30.:.:.:.:.:.:..........:.; City Administrator Hedges noted that the Advisory Planning Commission considered this application at their June 23, 1992 meeting and recommended its approval. Community Development Director Runkle revie wed the::background of this application noting the location along the west side of Nicols Road in the SW 1/4 of Section 30. He continued that the site design places a go-cart track on the west property line adjacent to Highway#77 with the miniature golf area and the 5,000 sq. ft. building separating the tract from the 111 stall parking area. It was noted that the go-cart track is 750 feet from the nearest residence. A public hearing was held as well as a separate neighborhood meeting to get input regarding this proposal. After a lengthy review,the Advisory Planning Commission recommended that this permit be approved with 12 conditions. The twelfth condition aided was to have the amusement area close by 10:00 p.m. Jim Bombardo addressed the Couriu kil izig 3t w s Iii ent to build a family entertainment area in Eagan. The plan he is proposing includes a go-cart using a high quality, low noise level car; a miniature golf course that will be a higher quality than is typically found in this:;aea along with a 5,000 square foot building which will house miscellaneous video games. Mr. Bombardo pr•CSented the Council with photos of similar facilities so they would be able to visualize what could expected on this site. He added that there would be mature trees and berming to help buffer the site from the residential neighborhood. • Page 8/EAGAN CITY COUNCIL July 21, 1992 Councilmember Awada questioned i*.•origin of the pii tgres Mr. Bombardo was sharing with the Council and also inquired as to whether the night hood had•ltad an opportunity to view them. Mr.Bombardo responded the pictures were from the manufactureY:siii::as:tts:j e'Councilmembers a clearer idea of what type of equipment would be placed on this site but that t•lie'iie gliboring residents had not seen them. Councilmember Awada, noting this would be a very expensive project to build, asked Mr. Bombardo why he was leasing the property rather than buying it. Mr.Bombardo responded that his banker felt that leasing the land would be a better financial decision:fpr::l inp;et;.this:.titne.:.:Mayor Egan asked if the Council was going to be looking at this request as a temporary sei ee:Xar i.".:l :a:ii g-term commitment to the property. Mr. Bombardo responded that this project, based on the a involved,:Was a long term investment for his family John Malone, 2111 Cliff View Drive presentlad the C itii.it with a signed petition opposing this development along with a copy of his agenda.,:,I-Ie;,stiggt4ed.that: ie Councilmembers place themselves in the position of the residents in this neighborhood::::B suggesteiti;itioy consider that property values may decline with the development of an entertainment facility so near the neighborhood,the traffic would be impacted significantly and the neighborhood would prefer development more in harmony with their homes. Other concerns expressed included mature trees being removed on the site,increase in crime based on research done on similar businesses in the area,area wouldn't be bermed sufficiently from the neighborhood,concern that Mr.Bombardo may leave the site once his lease has expired and the request of the neighborhood to have a quality business at this site. • Mitch, 2087 Shadow Lane noted that..i e::pi0.0ased his home in 1987 and has had fun at go-cart tracks in the past. His concern was not the noise,rather the safety:of:the.children and the neighborhood. He felt that when the track closed down at 10:00 p.m. the k4s would overflow into their neighborhood increasing the . possibility of vandalism. Mitch suggested that the;Council look*ta.go-cart track on Highway 13 and they will see that this isn't a family facility; rather, it's a Jerry Dahl, 2147 Cliffview Drive agreed with the concern that kids using this facility would overflow to Rahn park via their neighborhood after it.closes. Denice Danerth,2123 Cliffview Drive explained her concern was not that of noise from the go-cart track but for the traffic generated by the people using the facility and then accessing Rahn Park after hours. She noted that she is a first time homeowner, has improved:her::prop .ty:end:wants to protect it as much as possible from the treat of vandalism. Another concern expressd:4;t8's::the:#iiai"tetl:garking at Rahn Park and the added burden overflow parking would place on the neighborhood. Paul Kemlinger,2136 Cliffhill Lane,having ju$t'purchaseitliis home,noted that had he known this was being proposed he would not have purchased in this nefghborho4:i: Unidentified resident, 4516 Scott Trail noted that this development would be more regional than community based and felt that this type of use at this site was inappropriate. He continued that the City Code does not list Community Shopping Center zoning as appropriate for outdoor recreation and asked that the Council keep that issue in mind in making their decision. Tony Swanson,2118 Cliffhill Lane added his concern for t 'iieighbors directly affected by this proposed development. He added that the residents in i4 ibithZS ad ace spent a great deal of time and dollars to upgrade the area and hoped the Council wo :lisiorl:tiztii:odscns. Tony continued that children crossing Nicols Road from the trail system to this proposed developme :,as a safety concern that would need to be addressed if this project is approved. Holly Lindstrom, 2140 Cliffhill Lane expressed her concern for keeping some of the natural sites that exist in the city. She also noted a concern for the pollution that may be caused from the go-carts. V .............,.•.•.. ............................ Page 9/EAGAN CITY COUNCIL MINUfF4:::::::: ::::::::::.:.:.:.:.:.:*:.:.:::::::•:: July 21, 1992 :;:::::::•. .:::•::::::: Jenny Dom lin,2096 Cliffview identifiea*ii:Ouilarm*iiiin other states where City Councils rejected the proposals based on input from neighboring iiii****iii concerns for safety. ...•• • Gloria VVoehler and Amy Diamond reiterated the concern for devaluation of their property,safety issues, and the fact that existing facilities are currently meeting this need. Gary Tankenoff, current landowner pf:04t:.Sito;::expl.Onnd4at he has been discussing this project with Mr.Bombardo for the last 5-6 months. He iiiiitiailikV.:Bitaiiiiiii*;is a very reputable businessman and that he has spent a great deal of time and money in putting OiliiproposailOgether. He continued that Mr.Bombardo has a 10 year lease with and option to purchase and has been adN;iiid by his lending institution that this is the most palatable option at this time Gary stated that Wifti:Oe opening of the Mega Mall there is interest in this site for a movie theater and/or hotel/motel akMa.5440.r.:**iinses that fall under the CSC zoning. It was noted that the Advisory Planning Commissi*:;.9iiiiiikirthe facilities proposed at this site different than those as Grand Slam which is being used as a comparison. Jerry Berg,noted there had been a great deal of time and money invested in upgrading Cedarvale and felt this facility would be in direct conflict with Grand Slam. He continued that if Grand Slam's attendance drops and they find a need to close this will compound the loss of business at Cedarvale. Tony continued that he did not know Mr. Bombardo's reputation,did niii:.:014pute that it was reputable,however the concern for traffic and safety issues should outweigh anything else.' .::::::•::;:':'::.:.:.: :::::.:...... •••:•::::.: :::::::::::::.•- A.Vvao•Ar-A*-A"'•- Councilmember McCrea explained that she is in stikiiiit.of small busine and understands that the . Advisory Planning Commission approved this dOelopment;i'::*4iTer feel,tht this particular location is inappropriate. She asked that the applicant.con.04k:kiOliineit an eptiesite. McCrea continued that she respected the input of the residents and agi.00:':itii::itieir concern that this development would be a regional draw rather than a community based facilitSi:ikliich is what the zoning is intended for. She added that kids definitely need a place to go and would hpe like to have seen this type of activity provided, but in a different location. Councilmember Wachter agreed that this site was not appropriate for the use the applicant is proposing. Other reasons for not supporting this item in00401:411.44:0#:41.1-.uot a year-round facility,the neighbors are not in favor of this project, the land is bI&fiiaj1ä::propose4 and there would be a lot of people affected by this development. :::::••• •:•:•:•: ..... :•:•:••• :•:•:•.•• • •:•:•::: ::•:•:•: Councilmember Pawlenty agreed with Council*inbers McCrea and Wachter regarding this particular location for the proposed development. He added that iii6re will**other proposal coming in for this site and did not want the residents to have any unrealistic expectations that.'development will not occur on this site. Mayor Egan added that the Council is cognizant of the neighbors concerns and input.He clarified that the code identifies CSD zoning as providing services of"weekly needs of adjoining residents"and that the code implicitly restricts this type of use. :; •:ii: McCrea moved, Wachter seconded a motion.to instructilie City Attorney to draft a Resolution of Finding for denial of a conditional use pern:0***5::Ojii*§:to allow indoor recreation and more than three amusement devices including outdoor iiiiiiiiiiii614414:14:64art track in a CSC(Community Shopping Center) district on Lot 1, Block 3, Mari Acres 2nd Addition. Ave:::.5 Nay: 0 • Page 10/EAGAN CITY COUNCIL MINU: ''''•' July 21, 1992 Mayor Egan introduced this item as a waiver of plat to split lots 191-03 and 192-03, Block 3 into Lots 14-19, Block 3,Eagandale Center Industrial Park #4. Community Development Director Runkle continued that Opus Corporation has applied for this waiver to split two tax parcels to correspond with theit*iiiii4.:04##&04nation associated with the Eagandale Center Industrial Park development. Wachter moved,Pawlenty seconded a motion to.approve a,waiver of plat for Opus Corporation to split Lots 191-03 and 192-03, Block 3 into Lots 14-19, Blo4 EagantlBiliK:Centre Industrial Park #4, as presented. Aye: 5 Nay 0 SPLIT/OPUS CO TIt . .. 13t#► '' 1iPA . ....4 Mayor Egan introduced this item as a waiver of plat to split lots 191-04 and 192-04, Block 4 into lots 14-19, Block 4, Eagandale Center Industrial.Park #4. McCrea moved,Pawlenty seconded.a inotioit:to:approve a waiver of plat for Opus Corporation to split Lots 191-04 and 192-04, Block 4 into Lots 14-19, Block4;:E24,andale Center Industrial Park #4, as presented. CONDITIONAL USE SA I &H CART E Mayor Egan introduced this item a.4:1: onditional Use Permit to allow a truck and freight terminal in a LI (Light Industrial) District on Lots 14, 3 and 16, Block 4,Eagandale Center Industrial Park #4. City Administrator Hedges notelthat this item appeared before the Advisory Planning Commission on June 23, 1992 and they recommended approval. Community Development Director tiui#lc;exp1au d:tliat.tltis proposal is for a 13,000 sq. ft. building which will contain office, warehouse and a loading docks long Mike Collins Drive. He continued that the applicant has requested that conditions 10 ai1::11 be removed. Condition 10 requires the development be required to limit stormwater run-off,;:from the:• e to 1 cfs and condition 11 requires an additional 5 feet of right-of-way for Mike Collins Drive.:::: • Mark Anderson, Opus Corporation explained that in working with staff they concur with conditions 10 and 11 however they are uncomfortable with condition 6 concerning constructing Aidrin Drive with streets and utilities from Mike Collins Drive to the west property line of the development at the time of building permit issuance. Opus would prefer that the language be changed to reflect the work being completed with a "not to exceed" clause. This will help Opus to know there will be some ;**mum limits if the city is to provide these improvements and bill Opus for them. City Engineer Colbert explained t at the ip .......een offered the option of providing these improvements or having the provide them atid'ifi 'nppliraitt'w 'pay for them. He did note that the city does understand Mr.Anderson's concern and the need to place a cap.:tsp.the construction costs. After Ralph Dalr described the physical characteristicsV•the building and the site, Councilmember Wachter commented on the exceptional landscape plan that has been provided for this site. Page 11/EAGAN CITY COUNCIL MINI T' : July 21, 1992 Wachter moved, McCrea seconded a:ii otion to approve c onditional use permit for A & H Cartage to allow a truck and freight terminal in a liglit: vial distract s n•Lots 14, 15 and 16, Block 4 of Eagandale Center Industrial Park #4 with the following 1. Recording with Dakota County within 60 days of eagan City Council approval with documentation to the City. 2. All signage shall be subject•to:•a•:age 4itae•tee.c1f•.$2,50/sq. ft. 3. Lots 14, 15 and 16, Block 4 shall be combined intki:one tax parcel. 4. All other applicable City Code requi• ents. 5. A detailed grading, drainage:and a bsioi :_sxittCtt 'plan shall be submitted with the building permit application. 6. Constructing Aldrin Drive with streets and utilities from Mike Collins Drive to the west property line of the development will be required with the building permit issuance for site development. The applicant will be responsible for the cost or a waiver will be signed providing that the City will be responSiNc.,for the construction of these improvements and the applicant will be responsible for payiiig:the.*4:with a cap being placed on the maximum dollar amount the applicant will be responsible foi:>::::::.:.:::::::::.;;..•• 7. The development will be required::to construct;:tliuir entire parking lot in accordance with City Code requirements with concrete;:curb and:igiitter and bituminous or concrete surfacing. 8. The two driveway openings::oato the public streets shall be constructed with concrete aprons and concrete valley gutters in accordance with City standards. 9. A sanitary sewer manhole shall be constructed at the property line where the sanitary sewer service connects to the existing stub. 10. The development is required tfp::limit::st Ovate ;am-off from the site to 1 cfs. 11. An additional 5' of right-of-way is requieed for Mile Collins Drive. Aye: 5 Nay: 0 • . ; LBYt :=. '!!1.::.:. QBER ::A1U;:I1E;li►lea Mayor Egan introduced this item as a variance of 12'6"to.:Oe required 30'setback from public right-of- • way located at 1113 Westbury Path in the NE 1/4 of Section City Administrator Hedges introdu l fi''titb'i#u*l y1)1ppment Director Runkle who explained that the request for a variance to provide for a 14'it ;nioii aiiitsiai ga.ihe east side of their home facing Westbury Lane. The variance is requested based on having two 30'setbacks to.meet and wanting to minimize the loss of a portion of their two-tier landscaped deck. Page 12/EAGAN CITY COUNCIL July 21, 1992 Noting that the hardship was clea4.*.ated, McCrea m014, Awada seconded a motion to approve a variance for Robert and Michelle Haugan of 1.210:0.:t4 require:AO setback from a public right-of-way located at 1113 Westbury Path subject to the following 1. Obtaining necessary building permits from the protective inspections department. 2. All other applicable City Code requirements. Aye: 5 Nay 0 SXDE VARMSESUCIO:VAIOMM amSUN::agkiiiikiikiWtitg*ttiatrnathriuAz Mayor Eagan introduced this item required 10' side yard setback located at 4271 Sun Cliff Road in the NW 1/4 of Section 29. City Administrator Hedges introduced Community Development Director Runlde who explained that the request for a variance of 4' to the property line. The homeowners indicate this is the only location where they can build a porch.There have been no objections received from the neighbors and Mr.Riaze explained that this would be a three-season porch. It was::-.*X:POted that this was the only location where an addition could be built without major construction changeg'iii::.*130ildipg. Wachter moved, McCrea seconded amoOpn to apprveayariance of 4' to the required 10' side yard . setback for Homayoun and Kathleen Riaze for their prom:I:y*4111 Sun Cliff Road subject to the following: 1. A building permit shall be applied and approved by the protective inspections division. 2. All other applicable City Codes and requirements shall be met. Aye: 5 Nay: 0 PUBLIC RIO VARIANCE 4320 DUNRQVN:LANE/JC$1. : QNSTWcflON Mayor Egan introduced this item and City Administrator Hedges added that the applicant is requesting a variance to the required 30' setback from public rigWof-way 6i:a home located at 4320 Dunrovin Lane. Community Development Director Runlde noted that ti applicant proposing a three season porch addition to the south side of the existing home which would encroach 41 intiiihe required 30'setback. Other alternatives have been looked at regarding this addition however this is the only feasible location for the construction to occur. McCrea moved,Awada seconded a motion to approve a variance of four feet to the required 30'setback from public right-of-way for a home located at 4320 Dunrovin*4:subject to the following: 1. No other variances shall • 2. All applicable City Codes and requirements sh4...tze met. .•.•.•.•. Aye: 5 Nay: 0 • Page 13/EAGAN CITY COUNCIL MINU'S'ES'.''''''' July 21, 1992 Mayor Egan introduced this item as a ietiie*tsr•':a::special use permit to allow Harvest Fellowship Church to occupy building space in a Limited Industrial Zoning District located at 3584 Kennebec Drive in the NW Quarter of Section 17. After a brief review by City Administrator Hedges and Community Development Director Runkle, Awada moved,Pawlenty seconded a motion ye a ove;aiVe* is 1,ermit for the Harvest Fellowship to allow a church to occupy building space in a limited tidtiiirial;ioi ng dis*rict located at 3584 Kennebec Drive subject to the following: 1. This temporary permit shall expire.Aiii .ears from:the date of City Council approval. 2. Church functions shall be limited to Wediiesdi<y•evenings and weekends. 3. All applicable City Code requirements shall be met. Aye: 5 Nay: 0 ............ ; G I_k?TREf`..:..F#R TAB ? R.'v? A'I City Administrator Hedges explained that;Si.Paul Counicilmsnber Bob Long shared a resolution passed by the St.Paul City Council calling for a constitution4 a a ent:dedicating funding for the Local Government Trust Fund and requesting the League of Minneetga;lities.to make such an amendment one of their priorities. . At a recent AMM regional meeting this itetri:;v as::discussed and the consensus of cities in attendance was that a) cities should not be tampering with the State Constitution and b) if a constitutional amendment vote did not pass,the Local Government Trust Fund arid be in jeopardy with the State Legislature. It was noted that unless the City Council considers supporting the resolution, no official action is required. >I]ir <' G iiPOPTR 1;'i City Administrator Hedges explained that the I:egislature:lias authorized the Minnesota Department of Health to assess a fee f$5.21 per water service connect iti to covee::tptal State costs for the federally mandated program that increases the number of water parameters inonitored:from 23 to 83. A letter was received from St. Louis park requesting the City of Eagan's support in opposing.this legislation. Mr. Hedges added that community businesses with private wells will not participate in the mandated fees and staff is looking for direction from the Council as to how these fees should be addressed. Councilmember Pawlenty suggested that before the City consider litigation as St. Louis Park is considering, every effort should be made to see what changes cape be made in the Legislature. Mayor Egan suggested that correspondence be sent to all legislative delegations:**essing the City's concern for this mandate. City Administrator Hedges noted thai;:. q a ly*ater billing will be mailed within the week and asked what action the Council would suggest'since'tlie'fed izeeds''[o be collected and submitted to the state shortly. Mr. Hedges continued that the dollars being collected:oieeed the costs that will be incurred for the testing. Councilmembers Wachter and McCrea suggested that .itic0.e information be obtained as to how this happened and how the State justified the mandate. Page 14/EAGAN CITY COUNCIL MI ''' '• ' July 21, 1992 After further discussion it was determined that the City wpuld provide information to the public as to the background of this issue, collect the fees as;:*ai ted:•by 4e:State and further to communicate with the Legislature the City's position and their need mandate. A ► S' ATIVE11 PROJECT#543R/SETTLEMENT AGREEMENT McCrea moved,Pawlenty seconded a''thotioll tct;a pi'd6e ii.... solution adopting a settlement agreement for seven property owners for Project #543R. Aye: $:::Nay: 0 PROJECT#543R/RICHAMCGRI91-ASSESSMENT • City Attorney Sheldon explained that'ai the trial t&ifitiiiiue,the assessment amount had been set for $7400. Typically the judge hears both sites of the argument and then either approves or rejects the assessment amount. In this case the judge rejected the assessment and instructed the parties to go back to the City Council to negotiate a fee that can be used so that this item can proceed to trial. Mr. McGrew's attorney, Tom Bibus.was present to review some background as to why they felt the assessment was too high. Mr. McGrew's primary concern was that the improvements being assessed to his property did not equate to an equal gain to'his:p o er(y;::rather, the adjoining residents have received more benefit from them. They are requesting an assessment of•$12,{ •which they feel more adequately reflects the value of the improvements being provided. After a brief discussion, Pawlenty moved;: Vachter'seconded a motion to recommend a settlement of $6,000 for Richard McGrew's Project #543R::asseasiaent. Aye: 5 Nay: 0 M NNESOTA D TMENT OF RESOURCES/ECOLOGY AND MANAGEMENT OF URBAN DEER City Administrator Hedges explained.that the•DNR is asking for support of a proposed.Legislative Commission on Minnesota Resources project eiii4:ed:"Ec i :and:Management of Urban Deer". Efforts will concentrate on the efficiency, effectiveness aiiifee f of•iiiitiageiiieat.methods and programs available for use in urban areas. Chief Geagan is suggesting support of tha:project and:hopes that the study will result in methods for control and removal of deer in residential neighbor;'l*iods and brmation regarding the effects of feed on deer population movement. After a brief discussion, McCrea moved, Pawlenty seconded a motion to approve a resolution asking for approval and funding of a proposal by the Minnesota Department of Natural Resources to study urban deer movements as long as the recommendation does not include the City of Eagan expending dollars for this study. Aye: 5 Nay: 0 :> I ..............:..........:......................... MIKE KING/ 5E X)J( NG RANGE Mike King addressed the Council stated he has approached:the owner of Tee Time to see if he can take over the driving range until the area is rezoned for residential.40elopment. The request is to operate the driving range for the remainder of the summer at the same location and then find a new, permanent location for subsequent years. Page 15/EAGAN CITY COUNCIL MI ND'fii .r�`' .'''':`•'`'' '''.''"::''.: July 21,1992 . Councilmember McCrea explained that'sl e; rould•.like*ore information before continuing with this discussion. One of her concerns was the that the'feni';ik:bad:beeii'iemoved and that Mr.King did not intend to replace the net, rather he would collect the golf balls each night. City Administrator Hedges explained that this item was a licensing issue and the procedure was such that it would not typically require prior review by the City Council. Mr.King explained that once he had'the:'layout::af:tlre.parcel he discovered that the area was 300 feet long rather than 500 feet as was originally thought. Hs:;ei ntinued.th t this was a workable option,however. Dale Runkle explained there was a very short.i.Oigd of tin e b efore residential construction would begin in this area and felt that the liability issue:.for;:;Mr ;King.:was:: a of an issue. Councilmember McCrea reiterated her concern for safety since there woiildlie'no iieE-t:catch the golf balls,however, if the City would not be assuming any liability, the safety issue then becomes the responsibility of Mr. King. Jim Sheldon explained that the license application would be reviewed and if more information was needed, it would be handled at that time. 11liANS ADDITION Mr.Parranto was present to update the Councif'oii44meeting with the County Plat Review Committee regarding obtaining access onto County Road 30 from Meghans Addition. Mr.Parranto stated that the opinion • of the County Board was that access would not be permitted. id;tfiat:his options were to petition to the Physical Development Committee for re-evaluation or he.could provide and internal street system and not provide access onto Co. Road 30. Mr. Parrnato continued tiiet;:ifahe City Council so directs,he will provide a revised site plan • showing only one access otherwise his other option is to continue with the County to see if they will change their mind. f e After further discussion, the City Council suggested that Mr. Parranto should first exhaust all options with the county and if that should fail, then come back to the City Council. . Mr. Parranto thanked the Council fiiiiieiri•attetttii n:iiitfi smatter and indicated he would schedule a follow-up meeting with the County to see what could be:resolved::•:•:.: CONTRACT 90-02/CHANGE ORDER #2 City Engineer Colbert introduced this item as a change older to Contract 90-02 (Blackhawk Cove Lift Station). The change order is a $288.75 addition to the contract with an anticipated July 25 completion. McCrea moved, Pawlenty seconded a motion to approve Change Order #2 to Contract 90-02 (Blackhawk Cove Lift Station). Aye: 5 Nay: 0 Wachter moved, Pawlenty seconded a'iiiotioii'to'.iippittive=the checklist dated June 30, 1992, in the amount of$1,044,732.60 and July 21, 1992,in the amount of$476,133.34. Aye: 5 Nay: 0 • Page 16/EAGAN CITY COUNCIL MINU*Sx•:',•••••:*:".*.*.*"••••'• July 21, 1992 ROUND TABLJ Councilmember Wachter noted that he.iii4::*oiaiii.other phone call from a resident adjacent to Rahn Athletic Fields relative to softballs being hit into.ftiqard. Councilmember Pawlenty stated that everything has been done that can be done in this situation and didn't feel that any further action was necessary. Councilmember McCrea suggested that the City Council send a letter to School District 196 expressing their dissatisfaction for the development th4*.::.iiiii:Or441i#00:Pt.,e.rwood Elementary site in preparation for the addition of a middle school. Mayor permit issue needs to be addressed as well. Councilmembers McCrea and Awada were.4041... hanked....0...their assistance in working with the City, County and Tony Caponi to work towards dr..:c.44410iiiiii:of..th*::POoni Art Park ADJOURNMENT The City Council adjourned the regular meeting of July 21, 1992 at 10:45 p.m. and continued with an - executive session immediately following the.meeting. • •••••:•:::::.rgy.:Q.F. EAGAN Oierbeke :.•••• •••••• If you need these minutes in an alternative form such as large print,braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 5122, (612) 681-4600, (TDD phone: (612) 454-8535). .••••••• •••••••.: • •