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04/09/1992 - City Council Regular t"t Nq J as. L _._ ______.--- --� c ..,.<__A> -, , C -y,,,, , Ni..,,,,_ 77.v._. �. ,.,�;.�_ 4.-' --c: 1/4-1-- A: C).-. 1----5- 71 .._., ....,AGENDA t'^ lirGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA . / MUNICIPAL CENTER BUILDING ` THURSDAY, APRIL 9, 1992 V PA,-, ,- 6:30 P.M. y ;.ASA.2.1,,,-24,J I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) �•. �' / II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) " °'°` ""°"°"" III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. FIRE DEPARTMENT 0 'I 1. Consider Increase in Number of Volunteer Firefighters v. 11 2. Consideration of Station #6 Site Acquisition ti B. PARKS & RECREATION DEPARTMENT Pb 1. Authorization of Default/Beacen Builders Inc. VI. 6:55 - CONSENT AGENDA (PINK) .rrn p /2 A. PERSONNEL ITEMS _-31/F G too / it B. LICENSES, Plumbers (4? /47,C. PROCLAMATION, Building Safety Week, April 13-17, 1992 111,8-D. PROCLAMATION of April 25, 1992, as Eagan Arbor Day and the Month of May as Eagan Arbor i Month p )O E. PROCLAMATION, Minnesota Volunteer Recognition, April 26-May 2, 1992 Qp, ?F. PROCLAMATION, National Youth Service Day, April 28, 1992 // 3[,(G. RESOLUTION, Exemption from Lawful Gambling License - Valley Viewers 4-H Club for July /' 4 Celebration 123711. APPLICATION, Blue Bell Ice Cream to Operate a Solicitation Business on Public Streets with the City of Eagan )1_31I. ELECTION Judges for May 19, 1992, Referendum - 9/ J. APPLICATION for Pull Tab Gambling License for Knights of Columbus #7604, for Gambling Operation at Richards, 4185 South Robert Trail PK. RECEIVE Specifications/Authorize Advertisement for Bid, Utility Tractor 14. REVISED Stipulation of Settlement, Salisbury vs City of Eagan P�" FINAL PLAT, Golden Meadow Addition 5:N. RESOLUTION, Diffley Road, Prohibiting On-Street Parking 1 O. CONTRACT 89-F, Acknowledge Completion/Authorize City Maintenance (Prettyman Heights - U , Streets & Utilities) v),‘,..SP. CONTRACT 90-10, Acknowledge Completion/Authorize Final Payment (Galaxie Cliff Plaza (j 2nd Addition - Streets & Utilities) A. PROJECT 628, Cancel Project (Autumn Ridge 2nd Addition - Streets & Utilities) F i:>\ox- c= t—\-' 4r na a V., 7:00 - PUBLIC HEARINGS (SALMON) ,) A.VACATE Drainage & Utility Easement (Lot 6, Block 1, Lakeside Estates) PROJECT 630, Woodlands North 2nd Addition - Streets & Utilities e'J�C. PROJECT 627, Oak Cliff 6th Addition - Utilities .2os �,`& t t / VI. OLD BUSINESS (ORCHID) IIII f240 A. DETERMINE Estimated Final Project Cost and Ballot Question for May 19, 1992, Bon Referendum (Swimming Pool/Indoor Arena) t9/0/ B. REQUEST for Extension of Preliminary Plat, Heller Addition, Located Along the North Side of Skyline Road in the SE 1/4 of Sec 4 i/f3 C. COMPREHENSIVE GUIDE PLAN AMENDMENT, Meghans Addition/Pulsar Inc. , from NB (Neighborhood Business) to D-III (Mixed Residential) , a REZONING of Approximately 11 Acres from NB (Neighborhood Business) to R-4 (Multiple) and PRELIMINARY PLAT Consisting of 13 Lots and 104 Units Located along the South Side of Diffley Road and the East Side of Nicols Road in the NE 1/4 of Sec 30 iqO D. VARIANCE, R. A. Kot Homes, Inc. , of 10' to the Required 30' Frontyard Setback Located at Lot 12, Block 4, the Woodlands in the SE 1/4 of Sec 14 16-(kE. CONDITIONAL USE PERMIT, Nitti Disposal, Inc. , to Allow Outdoor Storage in an LI (Light Industrial) District on Lot 8, Block 1, Sibley Terminal Industrial Park Located West of Highway 13, North of Yankee Doodle Road in the SE 1/4 of Sec 8 Cc- . �.,, . 2\ R. h VII. NEW BUSINESS (TAN) P ital VARIANCE, Bridlewilde Joint Venture, a 15' Variance to the Required 50' Setback from Pilot Knob Road, Located on Lot 1, Block 1, & Lot 5, Block 2, Fairway Hills 4th Addition /) /55B.5B. VARIANCE, Diann Dunlevy-Koch, a 1.25' Variance to the Required 5' Sideyard Setback for a Deck, Located on Lot 19, Block 2, Country Hollow Addition / /6J C. VARIANCE, Robert Engstrom Companies, a 5' Variance to the Required 30' Front Yard Setback, Located on Lots 21, 25, 26, Block 2, Engstroms Deerwood Addition /A VARIANCE, Normandale Properties, Inc. , a 5' Variance to the Required 5' Setback fo p. V Parking, Located on Lots 1, 2, 3, Block 6, Eagandale Industrial Park #3 -5 /90E. SPECIAL USE PERMIT, Larson & Littlejohn, P.A. , to Allow an Antenna and Equipment f Building on 10-02700-014-01 in the NE 1/4 of Section 27 J/13 F. CONDITIONAL USE PERMIT, Robert Zimmerman, to Allow Outdoor Sales or Storage of Motorized Vehicles, Motor Vehicle Repair or Service, Motor Fuel Sales, and a Pylon LcrSign on Lot 5, Block 1, Letendre 2nd Addition, Located Along the East Side of Highway 13, North of Yankee Doodle road in the SW 1/4 of Section 9 Ig�G. COMPREHENSIVE GUIDE PLAN AMENDMENT, Great Oaks Addition/Robert Engstrom Companies, f Changing the Land Use from D-III (Mixed Residential, 6-12 Units/Acre) to D-I (Single Family) , a REZONING of Approximately 17 Acres from R-4 Within The Woodlands North Planned Development to R-1 (Single Family) , and a PRELIMINARY PLAT Consisting of 29 Lots Located West of Elrene Road in the NE 1/4 of Section 14 (2 /6H. PRELIMINARY PLAT, Midwest Restaurant Associates/Town Centre 70 - 12th Addition, Consisting of One Lot and One Outlot on Approximately 3.5 CSC (Community Shopping Center) Acres and a CONDITIONAL USE PERMIT to Allow On-Sale Liquor, 3.2 Beer or Wine, in a CSC District, Located West of Town Centre Dr in the NW 1/4 of Sec 15 VIII. ADDITIONAL ITEMS (GOLD) fjA. APPLICATION for On-Sale Liquor License for Midwest Restaurant Associates, Inc. , dba Applebee' s Neighborhood Bar & Grill 3�B. AMENDMENT, Ordinance Section 10.11, Dog and Cat Regulations pif,2q7IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT I • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 2, 1992 SUBJECT: AGENDA INFORMATION FOR THE APRIL 9, 1992 CITY COUNCIL MEETING *DOPT AGENWAMOVEMINVIES. After approval is given to the April 9, 1992 City Council agenda and the regular meeting minutes for the March 17, 1992 meeting and the special city council meeting minutes for the March 31, 1992 meeting, the following items are in order for consideration. DEPARTMENT HEAD BUSINESS A. FIRE DEPARTMENT Item 1. Consider Increase in Number of Volunteer Firefighters--Enclosed on pages 02 through 3 is a memorandum from Fire Chief Southorn outlining staffing concerns • identified at Fire Stations 3, 4 and 5. As a consequence of these concerns, and the potential for a proposed Fire Station 6, the Chief is requesting consideration of an increase in the number of firefighters authorized by the City Council. At the present time, the total authorized contingent is 115, including the chief officers. The Fire Department is recommending that be increased to 150 firefighters plus 3 chief officers consisting of the Fire Chief and two battalion chiefs. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an increase in the number of volunteer firefighters to a total of 150 plus 3 chief officers as outlined in the memorandum. 1 ' I NMI ( )j city of eagan • �J MEMO Rsi' DATE: March 16, 1992 TO: Tom Hedges, City Administrator FROM: Ken Southorn, Fire Chief SUBJECT: Fire Department Manning Limits The Fire Department Executive Board has been devoting a considerable effort to a review of manning levels, response times, and future station locations. This analysis included an in-depth review of historical response patterns of volunteers for each station, type of call, time of day, and equipment required to mitigate an incident. Our study has revealed some inequities and/or deficiencies in the staffing of our fire stations. Stations 3, 4 and 5 are experiencing some level of difficulty in manning their assigned response equipment. Currently, we have 15, 20 and 20 firefighters assigned respectively to these stations. Historically,volunteer departments determine their required manning based upon a 50-60% response for any given call. Basted on this statistic, Stations 4 and 5 need to have a 100% response of their shift personnel to fully man their two pumpers. Station 3 is only marginally better; they must turn out over 70% of their shift personnel. To alleviate this problem, the Executive Board has established the following staffing levels: Station Proposed Staffing Current Staffing 1 30 35 2 25 25 3 20 15 4 25 20 5 25 20 Future 6 25 150 115 All stations are to be divided equally between day and night response. To further facilitate an adequate station staffing, the Board is recommending that the total number of firefighters be fixed at a maximum of 150 PLUS the Department Chief and two (2) Battalion Chiefs. This will also eliminate a restriction created by having the chief officers included in the station's roster. Fire Department Manning Levels--History Effective January 1, 1983 the city ordinance called for the number of firefighters to be established by resolution of the City Council. The city code now reads "A Fire Department is hereby established. The size and composition (including, but not limited to, a determination as to permanent and volunteer members) shall be established by resolution of the Council, which may be changed from time to time by subsequent resolution." The original ordinance (as amended in 1971) read as follows: "There is hereby established in this town a volunteer Fire Department consisting of a Chief, two (2) Assistant Chiefs, a Fire Marshal and not less than 35 nor more than 75 firemen." By resolution in March of 1983, the number of volunteer firefighters was established at an average of 75. This resolution made no mention of the officers identified in the original ordinance. On September 15, 1987, the Council authorized the Fire Department to increase the number of firefighters from an average of 75 to a maximum of 115 for all 5 fire stations. This resolution did not identify the chief officers either. Action requested: Approve increased number of volunteer firefighters from 115 to 150 plus three chief officers. KRS/tp pp • • chiefs\MManning.krs Agenda Information Memo April 9, 1992 City Council Meeting • Item 2. Consideration of Station #6 Site Acquisition—The City's approved capital improvement plan indicates the purchase of a site for Fire Station #6 in an amount not to exceed $100,000 in 1992. Enclosed for your review on page Sis a memorandum from Fire Chief Southorn requesting authorization to acquire a site for proposed Fire Station #6. At the present time, a specific parcel has not been identified although the department is requesting authorization to secure a site on Lexington Avenue between Golfview Drive and Westbury Drive. This would permit the department to consider and negotiate for one of several sites in the immediate vicinity of Lexington Avenue and Wescott Road. As noted in the Fire Chiefs memorandum, it is important for the location of a station to be proximate not only to areas being protected from fire, but also close to a demographic group likely to serve as volunteer firefighters. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny authorization for the acquisition for Fire Station #6 as outlined in the attached memorandum. 40 • • (-))-) city of eagan Kt( MEMO DATE: March 26, 1992 - TO: Tom Hedges, City Administrator FROM: Ken Southorn, Fire Chief SUBJECT: Station 6 Site Acquisition In action taken by the Fire Department Executive Board on February 18, 1992, the Board has requested that action be taken to acquire a parcel of land for Station 6 along Lexington Ave. between Golfview Drive and Westbury Drive. The parcel of land should be large enough to accommodate a building and parking similar to Station 4, approximately 300' x 300'. The Capitol Improvement Plan as approved by the Council identified $100,000 for land • acquisition in 1992. The area along Lexington Avenue was chosen over three other sites which were extensively researched by our Executive Board. This general area was chosen for a number of reasons. First, the demographics of the immediate area are ideal for drawing volunteer firefighters. Second, this area provides an optimum response for firefighters responding to the station and for subsequent emergency response to the northern area of the city. Third, there are 8-9 active Eagan firefighters who reside within a 1-2 minute response time from the proposed station. Fourth, there is not sufficient housing north of this area to reasonably support a volunteer company. The housing that does exist is generally limited in size and is generally occupied by population groups who, historically, have not been candidates for volunteer firefighters. The Executive Board and research committee both felt it is imperative that steps be taken immediately to acquire the necessary parcel before the remaining land is platted and we lose this optimum site area. Therefore, the Department is requesting authorization to proceed with site selection and acquisition of a 300' x 300' parcel of land to house Fire Station 6. KRS/tp • Chiefs\MSta6Acq.KRS Agenda Information Memo April 9, 1992 City Council Meeting • B. PARKS & RECREATION DEPARTMENT Item 1. Authorization of Default/Beacon Builders Inc.-This item was previously before the City Council on March 17, 1992 and was continued at that time to permit the contractor a further opportunity to attempt to resolve the issue. A meeting had been scheduled for April 1, but had to be rescheduled at the request of the contractor and was expected to occur on Monday, April 6. The results of that meeting will be forwarded to the Council at that time. By way of background, for additional information on this item, please refer to the Parks & Recreation memoranda which appear on page 7 and on pages _ R through //. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an authorization of default for Beacon Builders Inc. relative to the Northview Park Shelter building as presented. • '02 C •-b off. tp ko Ion (1) Z - is 60c) z) R � aa-W.°�c- y a -'. • 6 MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR HONORABLE MAYOR AND CITY COUNCIL FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: APRIL 1, 1992 RE: BEACON BUILDERS/NORTHVIEW SHELTER BUILDER After several attempts to make telephone contact with Frank Hughes of Beacon Builders had proved unsuccessful, contact was finally made and a meeting established for April 1st at 8:00 a.m. Mr. Hughes called at 8:15 a.m. to say he was unable to make the meeting. Another meeting date has been set for Monday, April 6th with the City Administrator and Director of Parks and Recreation to try to resolve the issue of uncompleted/unsatisfactory work. • It's hoped the results of that meeting can be forwarded to the Council before the April 9th Council meeting for which this item has been rescheduled. Tw..nL ---- o�ti 7 MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR HONORABLE MAYOR AND CITY COUNCIL FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION STEPHEN SULLIVAN, LANDSCAPE ARCHITECT/PARK PLANNER DATE: MARCH 12, 1992 RE: NORTHVIEW BUILDING FIRE RESTORATION CONTRACT DEFAULT TO CONTRACTUAL OBLIGATIONS BY BEACON BUILDERS, INC. The Northview park building sustained considerable damage as a result of a lightning strike and fire during the summer of 1991. City staff contacted fire specialist contractors and held a pre-bid meeting on June 25, 1991, discussing the scope of work to correct this damage. Bids were opened on July 1, 1991,with the low bid by Beacon Builders Incorporated for the amount of $8,883.00. The contract was executed at the pre-construction meeting on July 9, 1992. At the pre-construction meeting Beacon Builders Incorporated assured staff that the 60 days completion time frame was adequate to finish this project. Staff provided a verbal authorization to proceed with work. • The 60 day construction period has since expired. Staff has provided to the contractor (3) three punch lists at different time frames for incomplete work tasks. Incomplete contractual items still persist eight (8) months after construction authorization. Staff met with Beacon Builders on March 11, 1992 to discuss these remaining tasks and found that the contractor considered a majority of these items outside of the contractual obligations. Staff believes that the contractor is responsible to complete these items. The following are the incomplete tasks: o Clean and paint concession windows on exterior and bottom facades. o Clean light grills in north overhang. o Clean, mop sink fixtures. o Clean exhaust ducting within storage room. o Clean copper pipe above water heater within storage room. o Clean meter junction box within storage room. o Clean stain off toilet partition hardware within men's room. These items are stained or covered with debris which resulted from the fire and/or smoke. • NORTHVIEW BUILDING CONTRACT • PAGE TWO Page two of the specifications under "General Work Required" states: 2. Cleaning shall include the application of a chemical treatment to reduce smoke odor on all affected surfaces. Staff also conveyed the cleaning responsibility to the contractor at the pre-bid and pre- construction meeting. Common sense dictates that the intent of a fire damage contract would include the cleaning of the building and affected equipment. Other incomplete work tasks are: o Paint chipped area above sink back splash within the concession room. o Remove loose tape like material at ceiling trim edges, prepare and repaint non-painted area within concession room. o Exterior door to concession room is peeling. Prepare and paint door. o Paint peeling off north wall within concession room. Prepare and paint. • The above set of incomplete work tasks deal with poor quality paint work. Page three of the specifications states: 4. All painted surfaces, including walls and concession windows shall be cleaned, prepared and painted. 7. Entrance door and screen door shall be cleaned, prepared and painted. The chipping and peeling of the painted surfaces within several months of application does not meet the intent of the contract scope. o Stain and seal grooves within T-11 ceiling panels within the men's room. Page Four of the specifications state: 1. Remove and replace all wood surfaces, including ceiling and walls. Reseal all wood surfaces. The contractor contends that these grooves have received one coat of semi-transparent stain. Several staff members on-site inspection concludes that these grooves have not received • stain. 9 NORTHVIEW BUILDING CONTRACT PAGE THREE - 411 o Provide the invoice from the flooring vendor for the tile within the concession room to determine the allowance amount. • Page Four of the specifications reads: 2. The floor tiles shall be removed, discarded and replaced with commercial grade sheet vinyl as approved by the City of Eagan. The Contractor shall bid all labor costs. The City is providing an allowance of $1,000 for the flooring material. Page two of four of Section 01005 of the original building specifications, which is a contract document for the pending project, states: Allowances General: Various materials are specified on an Allowance Basis. The amounts allowed for various materials shall be considered as the actual cost to the Contractor • of Subcontractor making the purchase, including applicable taxes and the cost of shipment or delivery to the project site. The costs of installation, markup, overhead or profit shall be included in the Contract Sum over and above the specified Allowance. The Contractor or Subcontractor making such purchases shall allow the Architect and the Owner full access to cost information and if required shall produce purchase orders, invoices or such other data as required to verify the actual costs involved. The Contract Sum shall be adjusted by Change Order if the actual costs • of such materials are different from those specified. • The Contractor will not provide the original invoice for this material and has billed the City $1,000.00 for the vinyl material. o Provide lien waivers Page Two of Two of Section 01155 of the original specifications states: "Provide lien waivers from all suppliers and sub-contractors as required by Owner." This is a task which the City has routinely required for this and other past building projects. • /D • NORTHVIEW BUILDING CONTRACT PAGE FOUR o Reinstall vanity to fit flush with the wall in the men's room. o Provide Internal Revenue form IC 134. The Contractor has agreed to complete these items. Staff feels that the interpretation of these reference specifications is fair and does not require work beyond the scope of the contract. At the on-site meeting on March 11, the contractor felt that these items exceeded the contractual obligations. Staff feels that the contractor is not meeting the contractual obligations, exceeded the 60 day construction time frame and now impeding the City's operational needs for the building. Therefore, staff requests that City Council consider authorizing default by Beacon Builders Incorporated for the Northview building fire restoration contract. 4110 SS/bls cc: Jim Sheldon, City Attorney • • Agenda Information Memo • April 9, 1992 City Council Meeting > E There are seventeen (17) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: Item 1. Dispatchers/Police Department--Over 100 applications were received for the two part-time dispatcher positions available in the Police Department. After reviewing applications, approximately 50 persons were invited to the Eagan Municipal Center for a written test. Following the test, 13 persons were invited to the Eagan Municipal Center for a typing test and an interview. The interview panel consisted of Lieutenant Swanson, Lead Dispatcher Bartel, and Assistant to the City Administrator Duffy. It is their unanimous recommendation that the two positions be offered to Kim Wilson and Veronica Morrison. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Kim Wilson and Veronica Morrison as dispatchers for the Eagan Police Department subject to successful completion of the physical examination requirement. Item 2. Seasonal Engineering Aide/Engineering Division--After interviews for the two seasonal positions for engineering aides,it is the recommendation of Assistant City Engineer Foertsch that Pamela Maki and Tad Ulrich be hired as seasonal engineering aides. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Pamela Maki and Tad Ulrich as seasonal engineering aides. Item 3. Concession Workers/1992 Softball Season--After interviews, it is the recommendation of Superintendent of Recreation Peterson that the following people be hired as concession workers for the 1992 softball season: Deborah Bunjer, Lei-Lani Dick, Nora Flueger, Wendy Foreman, and Susan Garry. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Deborah Bunjer, Lei-Lani Dick, Nora Flueger, Wendy Foreman, and Susan Garry as seasonal concession workers for the 1992 softball season. Item 4. Seasonal Utility Maintenance Worker--After interviews, it is the recommendation of Superintendent of Utilities Schwanz that Ed Vallencourt,Jr.,be hired as a seasonal utility maintenance worker for the City of Eagan. Agenda Information Memo April 9, 1992 City Council Meeting IP ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Ed Vallencourt, Jr., as a seasonal utility maintenance worker. Item 5. Seasonal Workers/Parks Department--After interviews,it is the recommendation of Superintendent of Parks VonDeLinde that the following people be hired as seasonal and temporary workers in the Parks Department. Seasonal Forestry Aides: Layne Anderson and Dave Wills. Seasonal Park/Ballfield Attendants: Jason Forde, Shane Johnson, Wayne Legeman, Ray Sperl, and Steve Winge. Seasonal Park Maintenance Workers:Jeff Grubb,Jason Schwamb,Joshua Watschke,Joseph Larkin, Velta Jean Martin, George Sellner, Brian Banaszewski, Damon Mackedanz, Jason Roberge, Justin Krueger, Ed Hanson, and John Mueller. Seasonal Assistant Weed Inspector: LeRoy Berg ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Layne �' Anderson and Dave Wills as seasonal forestry aides; Jason Forde, Shane Johnson, Wayne Legeman, Ray Sperl, and Steve Winge as seasonal park/ballfield attendants; Jeff Grubb, Jason Schwamb,Joshua Watschke,Joseph Larkin,Velta Jean Martin,George Sellner,Brian Banaszewski, Damon Mackedanz, Jason Roberge, Justin Krueger, and Ed Hanson as seasonal park maintenance workers and Leroy Berg as seasonal assistant week inspector. Item 6. Title Change/Lead Clerical Technician--The Chief of Police has forwarded a request to City Administrator Hedges regarding a title change for the lead clerical technician position in the police department. At the recent goals and objectives meeting of the police department, the question as to whether the title of Lead Clerical Technician was appropriate for the position was brought up. It was determined that this title was not appropriate for the following reasons: 1) The position is a true supervisory position and is therefore exempt from the collective bargaining unit. 2) Other positions at the City of Eagan classified as "lead" merely give occasional or limited work directions. They are not responsible for discipline, hiring recommendations, scheduling leave time, etc., as this position is. 3) Other true supervisory positions at the City of Eagan hold that title, i.e., "supervisor." The duties of the position and the time spent profile will in no way change with the title change; therefore, the compensation level would not be affected. The title change would merely more accurately match the present responsibilities of the position. ACTION TO BE CONSIDERED ON THIS ITEM: To approve changing the title of the Lead Clerical Technician in the Eagan Police Department to "Clerical Supervisor/Police Department." /3 Agenda Information Memo • April 9, 1992 City Council Meeting PL ;ERS LICENSES B. Licenses,Plumbers--City code requires that plumbing contractors be licensed on at least an annual basis. Enclosed on page Sis a list of plumbing contractors whose applications are currently in order for consideration by the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers licenses as presented. • • • PLUMBERS FOR APPROVAL APRIL 9, 1992 • 1 . BUDGET PLUMBING CORP. 2 . BUTLER PLUMBING, INC. 3 . GALAXY MECHANICAL CONTRACTORS 4 . McQUILLAN BROS. PLBG & HTG 5. PLUMM ., INC. AC" • Agenda Information Memo April 9, 1992 City Council Meeting BUILDING SAFETY PROCLAMATION C. Proclamation, Building Safety Week, April 13-17, 1992—Enclosed on page 17 is a proclamation designating April 13-17, 1992 as Building Safety Week. This proclamation is also being considered by other cities throughout the United States for this time period. ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim April 13-17, 1992 as Building Safety Week in the City of Eagan. • • /6 BUILDING SAFETY WEEK PROCLAMATION WHEREAS, from the inception of this nation, it has been the responsibility of the states and their local governments to adopt legislation and enforce laws and ordinances whenever necessary to protect their citizens' health, welfare and safety; and WHEREAS, it has been a fundamental part of the democratic principles of this nation to involve all interested and affected parties from both the public and private sectors in the formulation, adoption and, to the fullest extent possible, in the administration of such laws and ordinances; and WHEREAS, among the most basic of the laws and ordinances which have been so derived are those acts which assure the public's health and safety in the buildings in which people live, work, and play; and WHEREAS,to assure such safety,the State of Minnesota,working together and in conjunction with the counties and cities and townships across this state, enforces a uniform statewide building code which has been designed and is maintained with the assistance of the building industry and the consumers; and WHEREAS, it is through the untiring effects of state and local building officials and their cooperative relationship with the construction industry that the administration of these health and life- safety regulations is assured. NOW, THEREFORE, BE IT RESOLVED, that I, Mayor Thomas A. Egan, hereby proclaim the week of April 13-17, 1992, as Building Safety Week in the City of Eagan and urge all citizens to join in their support of building safety. I urge all citizens of Eagan to use this week to visit their local buildin departments and to better familiarize themselves with the important safety information and service provided by these public servants. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk MOTION MADE BY: SECONDED BY: THOSE IN FAVOR: THOSE OPPOSED: • DATED: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing proclamation was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 9th day of April, 1992 11 E. J. VanOverbeke, City Clerk / 7 Agenda Information Memo • April 9, 1992 City Council Meeting ARBOR DAY/MONTH PROCLAMATION D. Proclamation of April 25, 1992, as Eagan Arbor Day and the Month of May as Eagan Arbor Month--Enclosed on page )9 is a proclamation relative to Arbor Day and Arbor Month to recognize efforts to plant trees and encourage the forestation of our community in the interests of the health and aesthetic value of our urban forests. ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim April 25, 1992 to be Eagan Arbor Day and the month of May to be Eagan Arbor Month as presented. • • /8 CITY OF EAGAN RESOLUTION A PROCLAMATION OF EAGAN ARBOR DAY AND EAGAN ARBOR MONTH WHEREAS, trees are a most valuable resource in the state of Minnesota and City of Eagan - purifying our air and water, helping conserve our soil, serving as recreational settings, providing habitat for wildlife of all kinds, and enriching our lives in so many important ways; and WHEREAS, pollutants, tree diseases, and urban expansion have damaged and continued to threaten our trees, creating the need for reforestation programs and concerted public action toward ensuring the future of our City's ubran forests; and WHEREAS, each year the people of Minneosta pay special attention to the wonderful gift that our trees represent and dedicate themselves to the continued health of our state's trees; and WHEREAS, the City of Eagan has been recognized, for the fifth consecutive year, as a Tree City USA community by the National Arbor Day Foundation and desires to continue its tree-planting programs, NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby proclaim Saturday, April 25, 1992 to be ARBOR DAY and the month of May, 1992 to be ARBOR MONTH in the City of Eagan. BE IT FURTHER RESOLVED that the Mayor and Council further urge citizens to become more aware of the importance of trees to the well-being of our City and State; and to participate in City tree planting programs which will ensure a greener place for our citizens to live in the decades to come. CITY OF EAGAN CITY COUNCIL By: Its Chair By: Its City Administrator Motion made by: Seconded by: Those in favor: Those against: Dated: /? Agenda Information Memo April 9, 1992 City Council Meeting MINNESOTA VOLUNTEER RECOGNITION PROCLAMATION E. Proclamation, Minnesota Volunteer Recognition, April 26-May 2, 1992--Enclosed on pageL is a letter from the Minnesota Office of Volunteer Services relative to the State's Volunteer Recognition Week which coincides with the National Volunteer Week on April 26-May 2, 1992. Also enclosed on pages ca2through aCis a fact sheet and background information relative to volunteerism and volunteer recognition. Finally, enclosed on page c2 is a resolution proclaiming April 26 through May 2 as Eagan Volunteer Recognition Week. ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim April 26-May 2, 1992 as Volunteer Recognition Week in the City of Eagan as presented. I • a0 <Y!�� Minnesota Office on Volunteer Services 710VS February 1992 11 Dear Mayor: Standing Ovation! For Minnesota Volunteers is the theme for Volunteer Recognition Week which is scheduled for April 26 - May 2, 1992. Governor Arne Carlson has proclaimed this time as Minnesota Volunteer Recognition Week to coincide with National Volunteer Week, proclaimed by President Bush. We are asking that you join in this statewide and national celebration and that you take an active role in recognizing volunteers and volunteer efforts in your own community. The following are suggestions on how you can recognize and support local volunteers during Volunteer Recognition Week. - Initiate a local proclamation recognizing volunteers in your city. - Schedule an event to recognize city volunteers. - Send a "letter to the editor" in appreciation of volunteers in your community. - Post the enclosed Standing Ovation! For Minnesota Volunteers poster on a public bulletin board or in your office. • - Arrange to participate in local radio talk shows alone, or with a volunteer leader, to focus on volunteer contributions. - Devote a column in local newspapers to the importance of volunteers. - Participate in Volunteer Recognition Week events of local organizations. - Promote the Standing Ovation! For Minnesota Volunteers theme in your community. - Write and thank those volunteers who have helped you with past campaigns. As in past years, the Minnesota Office on Volunteer Services (MOVS), Department of 41 Administration, has developed materials to assist you in recognizing your and other local volunteers. Enclosed are the following materials to assist you in your recognition efforts: - fact sheet on volunteerism for speeches and articles - Volunteer Recognition Week poster - ad slicks for use in newsletters and newspapers - catalog of Standing Ovation! For Minnesota Volunteers volunteer recognition merchandise - flyer on MOVS recognition resources (see reverse side) Also available from MOVS, upon request, are copies of the Governor's Volunteer Recognition Week proclamation, radio public service announcements, news releases, publicity tips, recognition ideas and special information on up-coming recognition activities for youth involved in community service. We are excited about the current focus on volunteerism and the nationally recognized impact the Minnesota volunteer community has on our quality of life. Lets give a Standing Ovation! For Minnesota Volunteers in your community and throughout the state. Sincerely, a<244tA'-'& M. Geraghty Laura Lee Director • KL.vrw.m 11/ Department of Administration 500 Rice Street, Saint Paul, MN 55155 / Phone:612-296-4731(metro),800-652-9747(non-metro) MINNESOTA OFFICE ON VOLUNTEER SERVICES 1/13/92 Department of Administration 10.1 Fact Sheet on Volunteerism 0 National Adult Volunteer Statistics Minnesota Adult Volunteer Statistics Source:Giving and Volunteering in the United States, 1990 Edition, Source: Minnesota Office on Volunteer Services (data extrapolated INDEPENDENT SECTOR-1989 Gallup Survey from Giving and Volunteering in the United States,1990) • Volunteers(percentage of population) 54% • Volunteers(percentage of population) 58% • Estimated number of volunteers • Estimated number of volunteers (over 18 yrs of age) 98.4 million (over 18 yrs of age) 1.9 million • Average weekly hours served per volunteer 4.0 hrs/wk • Average weekly hours served per volunteer 4.0 hrs/wk • Average annual hours per volunteer 208.0 hrs/yr • Annual dollar value(formal and • Annual hours volunteered 203 billion hrs informal volunteering) $4.2 billion • Annual dollar value(formal volunteering) $170.0 billion • Per hour dollar value of volunteering • Per hour dollar value of volunteering (based on average non-agricultural wage, . (based on average non-agricultural wage, plus 12%benefits estimate) $10.82 $/hr plus 12%benefits estimate) $10.82 $/hr National Youth Volunteer Statistics Minnesota Youth Volunteer Statistics Source:Volunteering and Giving Among American Teenagers 14 Source: Minnesota Office on Volunteer Services (data extrapolated to 17 Years of Age,1990 Edition,INDEPENDENT SECTOR-1989 from Volunteering and Giving Among American Teenagers 14 to 17 Gallup Survey Years of Age,1990 Edition) • Youth Volunteers(percentage of population) 58% • Youth volunteers(percentage of population) 58% • Estimated number of volunteers • Estimated number of volunteers (14-17 yrs of age) 7.7 million (14-17 yrs of age) 142.0 thousand • Average weekly hours served per volunteer 3.9 hrs/wk • Average weekly hours served per volunteer 3.9 hrs/wk • Annual hours volunteered 1.6 billion • Dollar value(formal volunteering) $4.4 billion Source:Minnesota Department of Education • Schools requiring community service hours • School based service-learning volunteers 57 thousand for graduation 10% — Elementary School-Age Volunteers 22 thousand • Schools that offer courses that require — Middle School-Age Volunteers 11 thousand community service as part of the course 26% — Junior High School-Age Volunteers 10 thousand Source:Youth Service America • — Senior High School-Age Volunteers 14 thousand • School districts that offer credit for youth for _ 1 3,000 public and private high schools have youth community ser- youth community service 112 vice programs • School districts that offer service-learning • About 40%of high schools with community service programs opportunities 303 require that students do volunteer work • More than 450 colleges and universities have community service Source:Minnesota Campus Service Initiative programs involving an average of 500 students per campus • Minnesota colleges with full or part-time 22 • 50 youth service and conservation corps are in operation nation- community service-learning directors ally,involving 60,000 youth • Continuing college programs funded through 1989 state legislation for campus service programs 11 of 12 • Colleges integrating service-learning into courses 12 National Senior Volunteer Statistics Minnesota Senior Volunteer Statistics Source: Giving and Volunteering in the United States, 1990 Edition, (60 years and older), INDEPENDENT SECTOR-1989 Gallup Survey Source: WRC Report,Wilder Research Center,Amherst H.Wilder • Senior Volunteers(percentage of population Foundation,October 1989. 65-74 years of age) 47% • Senior Volunteers(percentage of population) 60% • Average weekly hours served per volunteer • Annual hours volunteered 70.0 million (65-74) 4 hrs/wk • Average weekly hours served per volunteer 3.3 hrs/wk • Senior Volunteers(percentage of population g 75 and over) 32.4% • Average weekly hours served per volunteer (percentage of population 75 and over) 4.7 hrs/wk Who Volunteers • Need For Volunteers in Minnesota Source:Giving and Volunteering in the United States, 1990 Edition, Source: Minnesota Agencies Increase Volunteer Involvement, Min- INDEPENDENT SECTOR-1989 Gallup Survey nesota Office on Volunteer Services,1988 Statewide Survey regarding • 98.4 Million Americans Over Age 18 Volunteer needs of organizations which utilize volunteers • 54%Of Adult Americans Volunteer • 45%indicated use of volunteers was higher than three years ago • 52%Of Males • 34%were unable to recruit all the volunteers needed 0 56%Of Females • 57%indicated increased need for volunteers over the next three 38%Of Persons From Communities of Color years 58%Of Teenagers Between 14-17 Years • 47%needed more volunteers with particular skills or training • 47%Of People Between 65-74 Years • 20%needed more volunteers with particular ethnic or cultural • 30%Of Adults With Annual Incomes Under$10,000 backgrounds • 57%Of Persons Employed Full Time • 72%Of Persons Employed Part-time ce::: ..... 1/1 319,1 MINNESOTA OFFICE ON VOLUNTEER SERVICES 10 Department Of Administration Background Information on Volunteerism 411 Minnesota has a strong tradition of citizen involvement and volunteerism.This involvement has taken many forms - from spontaneous response to identified needs, to organizing around specific causes, to developing and maintaining agencies and organizations. To a large extent, voluntary action has been expected and perhaps taken for granted. As a result, there is very little data which chronicles the development of volunteerism in Minnesota.This is true at the national and local levels,as well as at the state level.Nationally,only one book has recorded the history of volunteerism,By The People:A History of Volunteerism in Amenca by Susan Ellis and Kathrine Noyes. Volunteerism began in Minnesota,as elsewhere,in response to mutual-help and self-help needs. Settlers helped one another to clear land,build roads and raise barns. Neighbors banded together to develop schools, establish libraries, and build hospitals. Organizations were formed to respond to community needs,such as orphaned children,isolated elderly,the mentally ill,fire protection,health epidemics and housing needs for young women who came from farms to the cities to work. Later, individuals banded together to seek social justice to insure protection or promote specific groups through fraternal associa- tions, farm grange groups, labor unions, professional associations, and self-help groups. As community needs have increased and changed,volunteers have responded by developing programs and services for abused children, refugees,battered women,the homeless and"at risk"youth. Volunteers have traditionally been innovators,risk-takers and entrepreneurs. They have provided direct services to the sick, hungry,maimed and isolated.They have advocated for a wide variety of causes and changed the face of this country through such movements as abolition of slavery, civil rights, ecology, peace and women's rights.They have governed nonprofit organizations and helped to set policy for units of government.They have provided a range of administrative services-from leading other volunteers,to public relations, to training and fund-raising. Volunteers have given money and material goods, as well as their time. Today the volunteer community continues this wonderful tradition.The current health and vitality of the volunteer community is reflected in the attached statistics and quotations. Media Story Ideas For Volunteer Recognition Week Media can call attention to outstanding community volunteers and volunteer programs. The following are ideas on ways to provide a Standing Ovation! For Minnesota Volunteers. • Highlight a variety of volunteer programs in your community.Include a full page of pictures depicting various volunteers serving the community.Interview volunteers or organizations receiving volunteer services. • Interview local community and business leaders.Focus on how they support or promote volunteerism by volunteering themselves, encouraging involvement by employees, recognizing volunteer ex- perience in hiring practices, and/or establishing policies which enhance volunteer efforts. • Interview administrators of organizations and agencies for information on how their volunteers contribute to the goals,objectives and results of their operations.What are the total hours contributed and the monetary equivalent of volunteer time for these services? • Cover local volunteer recognition events and programs. Feature a volunteer's efforts to make a difference. Do a behind-the-scenes or grassroots report on a local project. • Interview a variety of volunteers,focusing on why they volunteer,how volunteering has helped them and how they have helped others. Examples include: delivering meals on wheels, providing peer tutoring or mentoring,cleaning up rivers and lakes,assisting in a shelter for the homeless,etc. For information on Minnesota volunteerism, issues and trends, and/or contact people for volunteer programs in your community call: Minnesota Office on Volunteer Services,Department of Administra- tion,at 612/296-4731 or 1-800/652-9747(toll-free in Greater Minnesota). /t ,Q3 1990 Trends In Volunteerism ;STANDING OVATION • Volunteerism is at the highest level ever! A 1990 Gallup f 11 1 Organization study commissioned by Independent Sector • �� Z found that 98 million people volunteer. This a 23 percent • ll increase over 1987 participation rates! Volunteers give an average of four hours per week. In 1989 they contributed a total of 20.5 billion hours of service valued at $170 billion • using$10.82 per hour dollar value of volunteering(based on FOR MINNESOTA the average non-agricultural wage,plus 12 percent benefits VOLUNTEERS estimate). Baby-boomers volunteer more than any other age group.There has been a dramatic increase in the number of people between the ages of 25-44 who volunteer. Sixty-two percent of persons in the 25-34 year age group volunteered in 1989,up from 45 percent in 1987.Sixty-four percent of persons in the 35-44 year age group volunteered in 1989,up from 54 percent in 1987. The majority of volunteers are working people. Seventy-two percent of persons who are employed part-time volunteer — an 18 percent increase over the 1987 rate of part-time employees (54 percent). Fifty-seven percent of persons who work full-time volunteer compared with 48 percent in 1987.Persons who are not employed volunteer as well,but to a lesser extent(45 percent). Volunteers give more money to charity than nonvolunteers.In 1989,the average yearly contribution of volunteers was $1,022 or nearly three times higher than the average contribution of$357 from 410 nonvolunteers. Married people volunteer more than single people.Forty-seven percent of married persons volunteer compared to 44 percent of single persons. Women still tend to volunteer slightly more than men.Fifty-six percent of women volunteered in 1989 compared to 52 percent of men. Volunteering by minorities is also on the rise.Volunteering among Blacks increased from 28 percent to 38 percent between 1987 and 1989. For the same time period,volunteering among Hispanics increased from 27 percent to 36 percent. The fastest growing pool of volunteer resources comes from the business community.In the last five years, the number of companies that have formalized employee\retiree volunteer programs increased from 600 to 900. Volunteer opportunities are more diverse than ever before.Volunteers can choose from a myriad of activities depending upon their interests.Professional expertise such as public relations,accounting, law, and computer programming is often sought from volunteers by community organizations. Volunteers also serve as advocates, mentors and counselors and coaches.They conduct research, are involved as trainers, tutors and in many other areas. *Statistics on volunteering by adults from: "Giving and Volunteering in the United States, 1990"survey • conducted by The Gallup Organization for Independent Sector, Washington, D.C. Reprinted with permission of The National VOLUNTEER Center. VENT-10.TREND MINNESOTA OFFICE ON VOLUNTEER SERVICES 3/91 Department Of Administration 10.1 Quotes on Volunteerism ID "A volunteer is a person who can see;who can feel what most do not feel. Often,such gifted persons do not think of themselves as volunteers, but as citizens - citizens in the fullest sense: partners in civilization." -President George Bush "The volunteer spirit is still alive and well in America."-President Ronald Reagan "And so,my fellow Americans,ask not what your country can do for you;ask what you can do for your country."-President John Fitzgerald Kennedy "The voluntary association of free men and women in organizations of their own choosing for mutually beneficial objectives lies at the heart of our democratic society."-AFL-CIO Convention,1969 "Volunteerism is not only beneficial to society,it is absolutely essential-in fact,it is our best hope for the future."-George Gallup,Jr.Vice Chairman,The Gallup Organization "One of the sectors has money,one has power,and we have people....The money and the power can't do much without the people." -Sydney J.Harris,Journalist "Volunteerism is the price of freedom.To be free we must individually refuse to take without giving, and through voluntary caring and sharing,blend our individual good with the needs of others and the public good, thus improving the common welfare." - George Romney, Chairman , The National VOLUNTEER Center "You give but little when you give of your possessions. It is when you give of yourself that you truly �, give."-Kahlil Gibran "We live in a society that always has depended on volunteers of different kinds -some who can give money,others who give time, and a great many who freely give their special skills,full or part time. If you look closely,you will see that almost anything that really matters to us,anything that embodies our deepest commitment to the way human life should be lived and cared for,depends on some form-more often many forms-of volunteerism."-Margaret Mead "I shall not pass this way again; Then let me now relieve some pain, Remove some barrier from the road, - Or brighten someone's heavy load."-Eva Rose York poet,philanthropist(1858-1925) "The degree to which I can create relationships which facilitate the growth of others as separate persons is a measure of the growth I have achieved myself."-Carl R.Rogers "The crisis of our time...is a crisis not of the hands but of the hearts."-Archibald MacLeish "To leave the world a bit better, whether by a healthy child, a garden patch or a redeemed social condition. To know that even one life has breathed easier because you have lived. This is to have succeeded."-Ralph Waldo Emerson "Everybody can be great,because anybody can serve.You don't have to have a college degree to serve. You don't have to make your subject and verb agree to serve.You only need a heart full of grace, a sole generated by love."-Reverend Martin Luther King "Goodness is the only investment that never fails."-David Thoreau 11 CITY OF EAGAN RESOLUTION THE PROCLAMATION OF EAGAN VOLUNTEER RECOGNITION WEEK WHEREAS, the City of Eagan enjoys the contributions of numerous volunteers in the completion of its work on behalf of all its residents; and WHEREAS, volunteerism is at the heart of the democratic process and exemplifies the ideals of self-reliance and self- sufficiency on behalf of communities; and WHEREAS, President George Bush has proclaimed April 26 through May 2, 1992 to be National Volunteer Week and Governor Arne Carlson has proclaimed that same time to be Minnesota Volunteer Recognition Week; NOW, THEREFORE, BE IT RESOLVED that the week of April 26 through May 2, 1992 be proclaimed Eagan Volunteer Recognition Week; and BE IT FURTHER RESOLVED that Mayor and City Council express their gratitude to all volunteers and urge all citizens to become active in the support of their community and its various activities and organizations through volunteer services. • CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 9th day of April, 1992. E. J. VanOverbeke, City Clerk . 4 026 Agenda Information Memo April 9, 1992 City Council Meeting NATIONAL YOUTH SERVICE DAY PROCLAMATION F. Proclamation, National Youth Service Day, April 28, 1992—Enclosed on pages 02g through 3a is correspondence and attachments from Samuel Beard on behalf of the National Youth Service Day Program. Also enclosed on page 33is a proclamation relative to this event. ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim April 28, 1992 to be Youth Service Day in the City of Eagan. (7.? ? • NationalYouthService • C7 s: \,� ^o N OC 1 , ,,, N • NATIONAL CO-SPONSORS March 10, 1992 THE JEFFERSON Ali ARDS• POINTS OF LIGHT FOUNDATION• The Hon. Tom Egan THE U.S.CONFERENCE OF MAYORS• Mayor .4• 3830 Pi lotknob Road YOUTH SERVICE AAERIC Eagen, MN . 55122 NATIONAL ORGANIZING CO\t\IITTEE Dear Mayor Egan: A PRES.CLASSROOM FOR YOI\G AMERICANS• On Tuesday, April 28, 1992 The U.S. Conference of AMERIC.AN YOUTH FOL\DATIO\. Mayors along with the Jefferson Awards, the Points of AMERICAN FEDERATION OF TEACHERS• Light Foundation, and Youth Service America are AMERICAN RED CROSS YOUTH PROGR.AMS• co-sponsoring "National Youth Service Day. " ASPIRA• B'\.41B'RITH YOUTH ORGANIZATIO\S• The purpose of the day is to underscore the BIG BROTHERS/BIG SISTERS OFAMMERICA• positive contributions that young people are making. to BOYS AND GIRLS CLUB OF AMERICA• help their communities. Cities and community CAMPUS OUTREACH OPPORTL'NIT)LEAGUE• organizations are encouraged to utilize the talents and CLOSE UP FOUNDATION• resources of young people to help address some of the CONSTITUTIONAL RIGHTS FotNDATIO\• major problems facing cities today - drug and alcohol COUNCIL OF CHIEF STATE SCHOOL OFFICERS• abuse, hunger and homelessness, the isolation of the 0 SCOUTS OF THE USA• elderly, and many others. 'E\DENT SECTOR• UTHERA\BROTHERHOOD• To date, over 200 cities have signed on to this national program (last year over 350 cities NATIONAL SOCIETI FOR INTERNSHIPS participated) . We have not yet heard from your city, AND EXPERIENTIAL EDUCATION• and we hope you will take this moment to sign on, and NATIONAL ASSOCIATION OFSERA ICE A\D be a part of National Youth Service Day 1992. CONSERVATION CORPS• NATIONAL CRIME PREVENTION COUNCIL• Enclosed is information on our effort. In the NATIONAL INSTITLTE FOR CITIZEN interim, please contact Sam Beard at The Jefferson EDUCATION IN THE L.Aµ• Awards (302-323-9659) , or Mike Brown at the U.S. NATIONAL TEE\CRIME AND Conference of Mayors (202-293-7330) if you should have CoMMUNITV CENTER• any questions. N.ATIO\.41 YOUTH LEADERSHIP COUNCIL• PRUDENTL4L SECURITIES INC.• We look forward to your participation in this much PLBLIC/PRIVATEVENTCREs• needed national effort. STARSERVE• THE GIRAFFE PROJECT• c e r e l y, THE HITACHI FOUNDATION• THE NATIONAL COUNCIL ON THE AGING.INC.• . t THE WILLIAM T.GANT FOUNDATION• U.S.DEPARTMENT OF AGRICULTURE• s id S. Beard UNITED NATIONAL INDIA\TRIBAL YOUTH.INC.• President UNITED VI'AIOFANffRICA• Jefferson Awards . USSA• - YOUTH POLIO INSTITUTE• Enclosures III c:::2g THE JEFFERSON AWARDS 621 DELAWARE ST. • SUITE 300 • NEW CASTLE.DE 19720 •(302)323-9659 NationalYouthSery ice '9, 1-4 NATIONAL YOUTH SERVICE DAY Tuesda y, Ap ril 28, 1992 Co-S onsors: Jefferson Awards Points Of Light Foundation The U.S. Conference of Mayors Youth Service America "From now on in America, any "Everybody can be great because definition of a successful life must everybody can serve. include serving others.' Martin Luther King, Jr. President George Bush National Youth Service Day Date Tuesday, April 28, 1992 • i Co-Sponsors Jefferson Awards, which presents awards for outstanding national public service. Points of Light Foundation, which implements President Bush's national service initiative. U.S. Conference of Mayors, which represents the nation's principal cities. Youth Service America, which helps to coordinate youth service institutions and youth service programming across the country. Purpose To organize a "National Youth Service Day" to reinforce in young Americans the importance and the excitement of helping others . . . neighbors helping neighbors. History In October 1988 the Campus Outreach Opportunity League and Youth Service America organized and ran the first national youth service day, "A Day in the Life of Youth Service." Over 10,000 young people participated, celebrating what they do as • volunteers every day. On April 23, 1991 "National Youth Service Day" expanded to include over 350 mayors, and more than 2,000 local organizations to conduct recognition ceremonies, press conferences, commemorative service projects and special celebrations in all 50 states and the District of Columbia. Over 250,000 to 300,000 young people participated. Family The entire family is encouraged to participate in "National Orientation Youth Service Day," with adults participating at the invitation of the young. For More Information Contact: Sam Beard at the Jefferson Awards (302) 323-9659 FAX (302) 323-9352 AnnMaura Connolly at Youth Service America (202) 783-8855 FAX (202) 347-2603 Laura Waxman or Mike Brown (202) 293-7330 at the U.S. Conference Of Mayors FAX (202) 293-2352 Suggested Activities Each city is unique. Each mayor and city must design "National Youth 1, Service Day" to be consistent with their needs, resources, and local circumstances. Following are suggested activities that may call public and media attention to youth service. Spotlight On Youth Publicize projects that highlight the many good things that are already being done by young people in community service. Visit one or more successful youth service projects to demonstrate appreciation for the special talents of young people. Create an event - breakfast, lunch, dinner or other to recognize young people who are special achievers in community service. Assemble a public photo display highlighting successful youth service projects. Issue a proclamation supporting "National Youth Service Day." Service Activities 11 Select one or more community projects and invite young people and their families to contribute to those projects. Themes of volunteer projects could include: education, senior citizens, hunger and homelessness, drug and alcohol abuse, or religious and ethnic harmony. Opportunity Fair Invite local social service organizations seeking young volunteers to participate in a fair with booths so that young people can go from booth to booth to learn about activities in which they would like to participate. Round Table Panels Establish small discussion groups of young people and adults to discuss selected topics related to youth service. Topics could include: • What special talents do young people have to offer? • How can different service organizations best use young people? • How can youth service be institutionalized in our families, religious institutions and schools? 3/ Questions and Answers • Who Is Involved? The U.S. Conference of Mayors unanimously adopted a resolution in support of "National Youth Service Day" at its 1989 annual meeting in Charleston, S.C. Other sponsoring organizations include the Jefferson Awards, Youth Service America, and President Bush's Points of Light Foundation. In 1990 many new organizations formed a National Organizing Committee to assist in the implementation of the project. Is There A Financial Obligation On The Part Of Participating Cities? No. Funds to meet national expenses for supportive materials, posters, how to kits, and administrative staffing will be raised by Youth Service America and the Jefferson Awards. Problems In Cities Are Serious And Ongoing. Is This just A Day For Positive PR? No. The goals of "National Youth Service Day" are long range. The basic goal is to transform the excitement of "National Youth Service Day" into more year- round youth service commitments in every participating city. AGREEMENT TO PARTICIPATE • of (Name of Mayor) (Name of City) hereby agrees to participate in "National Youth Service Day" on Tuesday, April 28, 1992. Contact Person Please contact (Name of Contact Person) (Title and Office) at to follow up on all administrative and implementation details. (Telephone Number) 3 . Mail To: Jefferson Awards, 621 fie aware Street, New Castle, DE 19720 Telephone: (302) 323-9659 Fax: (302) 323-9352 CITY OF EAGAN RESOLUTION 40 A PROCLAMATION OF YOUTH SERVICE DAY IN THE CITY OF EAGAN WHEREAS, the many youth service organizations serve a valuable function in providing the nation's young people with positive role models, effective learning opportunities and positive interpersonal relations; and WHEREAS, through these organizations, young people are making significant contributions to their communities as well as their futures; and WHEREAS, the values and activities learned by our youth will shape the future of our society; NOW, THEREFORE, BE IT RESOLVED that April 28, 1992 be proclaimed Youth Service Day in the City of Eagan to coincide with National Youth Service Day; and BE IT FURTHER RESOLVED that the City of Eagan thank, congratulate and recognize its many youth service organizations and the young people who participate in them. CITY OF EAGAN 11 CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 9th day of April, 1992. E. J. VanOverbeke, City Clerk 33 Agenda Information Memo April 9, 1992 City Council Meeting GAMBLING LICENSE EXEMPTION/VALLEY VIEWERS 4H CLUB G. Resolution, Exemption from Lawful ambling License - Valley Viewers 4-H Club for July 4 Celebration--Enclosed on page, is a memorandum from the Finance Department regarding a request received from the Valley Viewers 4-H Club for an exemption from the lawful gambling license to permit the operation of a bingo activity at the annual City 4th of July Celebration. Enclosed without page number is a copy of the application, which has been reviewed by the Police Department. No reasons have been identified for denial of the application. Enclosed on page 312_ is a copy of the resolution relative to this application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution granting an exemption from the lawful gambling license for the Valley Viewers 4-H Club to permit a bingo activity in conjunction with the 4th of July Celebration as presented. • • 3 April 1, 1992 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE This is the fifth year the Valley Viewers 4-H club will be operating bingo games in conjunction with the Fourth of July celebration. They have again requested exemption from lawful gambling license . The Eagan Police Department is reviewing the application. The City is required to pass a resolution approving the exemption and to send a copy of that resolution to the Gambling Control Board. A resolution of approval is attached. 411 • RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE WHEREAS, The Valley Viewers 4-H Club has applied for an exemption from Lawful Gambling license, and WHEREAS, The Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS, The Valley Viewers 4-H Club has operated bingo games in conjunction with the Fourth of July celebration since 1988, NOW, THEREFORE, BE IT RESOLVED,that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling License for Valley Viewers 4-H Club. Motion made by: CITY OF EAGAN CITY COUNCIL Seconded by: BY: Those in Favor: Those Against: ATTEST: Dated: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 9th day of April, 1992. E.J. VanOverbeke, City Clerk w 36 Agenda Information Memo April 9, 1992 City hCouncil Meetin g •BLUE BELL ICE CREAM SOLICITATION LICENSE H. Application, Blue Bell Ice Cream to Operate a Solicitation Business on Public Streets Within the City of Eagan--An application has been received of Glen Goldman on behalf of Blue Bell Ice Cream requesting a solicitation license to permit the sale of ice cream from Blue Bell trucks on City streets during the upcoming season. For additional information with respect to this application, please refer to a copy of the Finance Department memorandum which is enclosed on page 5g. Enclosed without page number is a copy of the application in this matter. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the application for a solicitors license for Blue Bell Ice Cream to permit them to operate on public streets within the City of Eagan as presented. 4Ik 37 April 1, 1992 TO: CITY ADMINISTRATOR HEDGES FROM:ADMINISTRATIVE ASSISTANT WITT RE: BLUE BELL ICE CREAM TO OPERATE A SOLICITATION BUSINESS ON PUBLIC STREETS WITHIN THE CITY OF EAGAN Blue Bell Ice Cream is again requesting approval to operate ice cream trucks in Eagan from April to October . In the past the following conditions had to be met before approval was granted: 1 . Liability insurance coverage evidenced by an insurance certificate. 2 . Hours of operation will be from 12: 00 noon to 15 minutes prior to sunset. 3 . The operation dates are from April 1 until October 1, 1992. (This year the starting date would be April 10, if Council approves . ) 4 . The trucks must not generate a noise level greater than 65 decibels . 5. Caution swing arms will be required on each vehicle. 6. Local employment will be used for drivers operating in Eagan. 7 . The trucks are excluded from City parks. The Police Department has been instructed to record complaints that may be received regarding operation of ice cream trucks . If there are serious complaints, the City Council reserves the right to revoke the solicitation permit . Agenda Information Memo April 9, 1992, City Council Meeting • REFERENDUM/ELECTION JUDGES I. Election Judges for May 19, 1992, Referendum--Enclosed on page 4"0 is the list of election judges to be considered for the school board election and swimming pool/arena referendum set for May 19, 1992. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the list of election judges for the May 19, 1992, election and referendum as presented. O • 3 ? LIST OF JUDGES FOR APPROVAL SCHOOL BOARD ELECTION/ARENA-POOL REFERENDUM MAY 19, 1992 DEMOCRAT REPUBLICAN SHARON SCHOELLER ANN OURADNIK EVELYN COTA ROSE VIMR PATRICIA KAEDER TERRI BERKNESS LEO AMUNDSON .MILDRED HARTELBEN GINNY ZEITZ AURELIA POPPLER BARBARA SHIELDS MARILYN LEGLER CHUCK LANGNICKEL JUDY HAWLEY MARY KELLNER IRENE KREIDBERG RUTH TWOMEY JUNE KETCHAM ORLEAN GARNESS NEAL BLACK FRAN BOHN THERESA NELSON JANICE MERCK MARK OLSON SHARON ORTH NANCY HAMMEL WALTER LAWRENCE GLADYS BYRNES LORRAINE RIEGER JIM DECH JUDY SAIMA SHARON ASTLEFORD OLIVER MCCULLOCH MARIE LANE JANET SCHUETZE ETHEL GROFF BARB SCHREINER LYLE SEVERSON PAULINE LEGENDRE CLARENCE HANSON ANNE SULLIVAN JOAN BOHLIG ROSEMARY TEAFORD MARILYN PORTER DOROTHY PETERSON ELEANOR BRUCE BEATRICE COOPER JEAN KIMBER NORMA WADE CAROL VIHOVDE MARILYN HOLM SONYA LARSON HELEN JARVI PHYLLIS LIGMAN CHARLOTTE O'DONNELL IONA RAY VICKIE JABBRA MICHELLE SKINDELIEN LOIS AGRIMSON PATTI BENJAMIN JOAN USELMANN SHIRLEE KLANG JUNE NELSON MARY HANSEN PAT RASK NANCY JARVI MARIE DESLAURIER EMILY MEDIN EDITH DRAKE CATHY BROST JUDY MUNDAHL BARB NUTTALL CAROLYN THURSTON MARGE JACOBS LILA BERGH ZELLA MIRICK STELLA LUNDQUIST BARB LINERT MARTI ANN GUETZLAFF ADELINE BUEHLER JUDY PETERSON GLORIA CZYCALLA BERNADINE GOESS AURELIA PETERSON FRANK HAMERNIK LYNN PRAZAK JIM DRISCOLL WILLIAM SKAR ROBERT GORDON DON HANSEN ELAINE JONES PAUL YOUNGER JIM KENNEDY MARY JANE LAROCK HELEN KENNEDY MARK HAMMEL KAREN UECKER GROVER BELLILE Agenda Information Memo April 9, 1992, City Council Meeting • PULL TAB GAMBLING LICENSE/KNIGHTS OF COLUMBUS/RICHARDS J. Application for Pull Tab Gambling License for Knights of Columbus #7604 for a Gambling Operation at Richards, 4185 South Robert Trail--An application has been received of the Eagan Knights of Columbus organization for the operation of a pull tab gambling activity at Richards Food and Liquor at the above-referenced location. Enclosed on pages -through 4/3 is a memorandum from the Finance Department covering correspondence from the Knights of Columbus. Also enclosed without page number is a copy of the application received in this regard. Finally, enclosed on page 44 r is a copy of the resolution which would grant a gambling permit for the Knights of Columbus at Richards Food and Liquor as indicated. ACTION TO BE CONSIDERED ON THIS ITEM: To approve an application for a pull tab gambling license for the Knights of Columbus #7604, for a gambling operation at Richards Food and Liquor at 4185 South Robert Trail as presented. O • 2/j S April 1, 1992 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: GAMBLING PERMIT FOR KNIGHTS OF COLUMBUS #7604 ON RICHARDS FOOD & LIQUOR PREMISES, 4185 South Robert Trail The Knights of .Columbus #7604 have again applied for a gambling permit to conduct a pull tab operation at. Richards Food & Liquor. They previously had a gambling permit for this location from May, 1988 to July, 1989. The former owner of Richards canceled their agreement with the Knights and the City subsequently approved the Burnsville Optimist Club. The new owners of Richards, Joyce and Richard Slattery, have expressed interest in having the Knights of Columbus #7604 operate pull tabs on the premises. Assistant Gambling Manager, Ron Leif, would be on the premises on a daily basis which , apparently, the Slatterys would prefer . Mr. Leif noted that the Knights membership is almost entirely Eagan residents and the proceeds would be distributed to local organizations. The Eagan Police Department is now reviewing the application. City Council approval is needed at the April 9. meeting in order to comply with the Gambling Control Board schedule for applica- tion consideration. A resolution approving or denying the application must be sent to the Gambling Control Board. A resolution of approval is attached. IL C:ry a/7 C ,1' /A. �v'�i4t✓ eiry L°�✓--' - Mi'1 /•-1l 67- ��s r�f : 410 7//_ /a/6-4//3- `7‘e4/ T2/? ,Q%4',-7 4e ,�v // cw//7 yi'/.r3 //vF"6i1.- C />Az i.I'/ilb- 7.6r i / Of C'4-A-4 r 6,046.L//t/6' /R1 /9/730,4//0-e- /1'°'?4t 7 % vJL'i (2/77^/ -i et r/fl / ) l/ ._ c/ 'e. /l//ti M_ 4F (66,L%G-614f ! 7 ' /J � �- ,� ir -a- zi. ./( --- /L/fries Ace, TG LD ,/�/r�T�s /v d QL�/.�LT�✓ l/F AP/6/ _/- /1/UU yr° kit'//7ei1C� /Ae;/., -�iL7�re:i , C'L�TC f- e'�t6 rP/ /47../&" O,-/-;//ZI/z /ra.t . -fry /7L//ei 6-/f/40,71-44/6- 7 T di,9 ///L /72,. 4i/J/,/ 7& /4*e- „cy / /e/e' y /149.uPer' �1�./�� �,�/�`�!✓�/6 vim, f "/P K- Ta -A'fiy A/Rix ' `r/t.117-/‘ Ly 77714:- /2/G.J7- AV/A/i.il/)G /f-i' Ti ��D J'/ftfF. i-77/ZZ` 1(1/‘/,`,3's 4/7. 1, Off' ..ter jl 7 4/J /1;"/i•U/L<%' l/�li 2 Tom- {wlw7 , /,/(4 47.2 f4= /,G7?-/v /F f",/, z‘ ,g 7-M - e`vzd-e�L /'I'^ /�/'✓rte%><Tl pF 611Z,Gt.3- 7f � .r//c/f� , �E_63-7/�O�ilf/ ,4T A-2>/1 ' '47/?/1/414:' plc , sv Tv ,JL/37o r yoPr# o, ri /,eer %vV I'7//'L'c- J €4,(c /T iv M>4'l� Olt //f1l �'T�`!/li�T/D/t/.• e6 , / /7/3 • RESOLUTION CITY OF EAGAN GAMBLING PERMIT FOR KNIGHTS of COLUMBUS #7604 ON RICHARD'S FOOD & LIQUOR PREMISES WHEREAS,The Knights of Columbus #7604 has applied for a gambling premise permit to conduct a pull tab operation at Richard's Food & Liquor, 4185 South Robert Trail, WHEREAS, The Eagan Police Department has reviewed the application and has not identified any reason to deny; and WHEREAS,The Knights of Columbus #7604 held a gambling premise at the above location from May, 1988 to July, 1989; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Knights of Columbus #7604 application to conduct a,pull tab operation at Richard's Food & Liquor, 4185 South Robert Trail. Motion made by: CITY OF EAGAN CITY COUNCIL Seconded by: BY: Those in Favor: Those Against: ATTEST: Dated: CERTIFICATION VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 9th day of April, 1992. E.J. VanOverheke, City Clerk • Agenda Information Memo April 9, 1992, City Council Meeting 410 AUTHORIZE PURCHASE/UTILITY TRACTOR K. Receive Specifications/Authorize Advertisement for Bid, Utility Tractor--The 1992 budget authorizes the replacement of a 1972 Ford Utility Tractor in the Parks and Recreation Department. Product specifications and bid documents have been prepared by the Parks and Recreation Department for distribution to interested equipment firms. A copy of the specification and bid documents can be provided to Councilmembers at their request. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the specifications and authorize the advertisement for bid for a utility tractor as identified in the Parks and Recreation Department budget for 1992. STIPULATION OF SETTLEMENT/MAC & HELEN SALISBURY L. Revised Stipulation of Settlement, Salisbury vs City of Eagan--Enclosed on pages _ through LSD is a revised Stipulation of Settlement between the City of Eagan and the Salisbury's as part of the resolution of the condemnation matter involving the DeLosh and Salisbury properties. The stipulation has been reviewed by City staff and the attorneys for City and the Salisbury's. The Salisbury's have approved the agreement and executed it as presented. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the revised Stipulation of Settlement between the City of Eagan and Mac and Helen Salisbury as presented. Case Type 2: Condemnation STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT City of Eagan, a Minnesota municipal corporation, Court File No. C4-90-6278 Petitioner, v. STIPULATION OF SETTLEMENT Frederick C. Delosh and Maxine Delosh, husband and wife; Mack L. Salisbury and Helen Hanson Salisbury, husband and wife; et al. , Respondents. This STIPULATION OF SETTLEMENT is made and entered into this day of , 1992, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City") and Mack L. Salisbury and Helen Hanson Salisbury, husband and wife (hereinafter "Landowners") . RECITALS a. The Landowners are the fee owners of certain real property located in Dakota County, Minnesota, and described as follows: The North Half of Lot 13, TREFFLE ACRES, according to the plat thereof on file in the office of the Dakota County Recorder (hereinafter called "Parcel 1") ; and Lots 8, 9 and 10, TREFFLE ACRES, according to the plat thereof on file in the office of the Dakota County Recorder (hereinafter called "Parcel 2") . 4/4 b. The City has commenced the above-entitled condemnation 40 proceeding (hereinafter the "Condemnation") for the acquisition of certain easements to be located on the Landowners' real property as described in the Condemnation Petition (hereinafter the "Original Easements") . c. The Dakota County District Court (hereinafter the "Court") granted the Condemnation Petition on May 9, 1990, and the City made a deposit of its approved appraisal amount of $23, 300 with the Administrator of the Court on May 9, 1990. Pursuant to Minnesota Statutes § 117.042 and the Order of Court, transfer of title and possession of the Original Easements to the City was effected on May 15, 1990 (hereinafter the "Quick Take") . d. On the date of filing of the Condemnation Petition, and the date of the Quick Take, the Landowners were the fee owners of Parcel 1 and Parcel 2 on which the Original Easements lie, and accordingly are entitled to the condemnation award for the acquiring of the original easements over Parcels 1 and 2 . e. As a part of the Original Easements, the City has acquired a permanent easement for storm sewer and drainage purposes, and a permanent easement for ponding and flowage purposes over, under, and across part of Parcel 2 which are described and shown in the attached Exhibit A (hereinafter called the "Permanent Easements") . f. As a part of the Landowners' agreement to accept the award provided for in this Stipulation, the Landowners have requested the City's agreement to modify and relocate the Permanent Easements in order to facilitate future development of Parcel 2 and 0 2 . • the City is willing to agree to such modification and relocation of the Permanent Easements. g. The Landowners and City are agreeable to resolving the amounts of compensation to be paid to the Landowners for the City's acquisition of the Original Easements. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises hereinafter stated, the City and Landowners agree as follows: 1. The City and Landowners agree that an award of $25, 000. 00 is fair and just compensation to the Landowners for the City's acquisition of the Original Easements pursuant to the condemnation, and pursuant to the terms of this Settlement Agreement. The City and Landowners agree that of the $25, 000 agreed award amount, $3,800 is consideration for the value of the land taken, and the remaining $21, 200 of the award is for severance damages to the property of the Landowners remaining after the City's taking. 2. The City and Landowners agree that the Landowners are entitled to withdraw the $23,300 amount deposited by the City with the Administrator of the Court on May 9, 1990, plus all interest earned on said amount while on deposit with the Administrator. The City shall immediately pay the Landowners the agreed upon award of $25, 000 plus interest accrued thereon pursuant to Minnesota Statutes § 117. 195, subd. 1, less said amount that the Landowners withdraw from the Administrator of the Court. In addition, the City shall immediately pay the Landowners $500.00 as and for reasonable appraisal fees pursuant to Minnesota Statutes § 117.085. 3 jig 3. The City agrees that upon request of the Landowners, the City shall release, terminate and discharge the Permanent Easements provided that the Landowners convey a substitute permanent easement to the City over, under, and across a part of Parcel 2, which substitute permanent easement Landowners agree to grade, at their sole cost, so that the substitute permanent easement shall serve the same function as the Permanent Easements, having a capacity to store up to 6. 3 acre feet of storm water. 4 . This Settlement Agreement shall run with the land and inure to the benefit of, and shall be binding upon, the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 5. The Landowners and City agree that upon application of either party, the Court may enter judgment on and in accordance with this Stipulation of Settlement. CITY OF EAGAN By Thomas A. Egan Its Mayor By E. J. VanOverbeke Its Clerk Mack L. Salisbury Helen Hanson Salisbury 4 . 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 ) ,,/ The foregoing instrument was acknowledged before me this /-.�/� 4 day of `7,/(17/ , 1992, by Mack L. Salisbury and Helen Hanson Salisbury, husband and wife. <'^ THOMAU R. SHERMAN NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY No •ry Public _' . mmission expires 1-30-97 APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: THIS INSTRUMENT WAS DRAFTED BY: LEONARD, STREET AND DEINARD Public Works Department Suite 2300 Dated: 150 South Fifth Street Minneapolis, MN 55402 (335-1500) JRD 5 Agenda Information Memo • April 9, 1992, City Council Meeting GOLDEN MEADOW ADDITION/FINAL PLAT M. Final Plat, Golden Meadow Addition--Final plat documents relative to the above- referenced plat are currently being processed by the applicant and the Community Development Department. If all items are completed and executed in time for next Tuesday's meeting, the application will be in order for approval. If not, a recommendation will be made to continue this item at the beginning of the meeting. A copy of the final plat as it appears for filing at Dakota County is enclosed on page 5-62 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Golden Meadow Addition as presented. 111111 • 1 - 1 1 i III 2 ■ - . , Z Z I i • 1 - 34 tn- .. . , , , t i cr i 1 1 --. 1 ' 1 0 o . . 72 :! . • . ,. .: :. I I ...,: . ,..... at '■ I 2 z. I ,z - 7..i?::, i: . , i 7 <=1 cn .. 2 :.•.. ..,:,' „ .", 1 :. ' 2 a -;.: L•• -. .5 ■ • 1. . k . - I - I 3 ; t- '• I: 11 • 4. ' ' I 2 2 1'..: '." '' Li _ :7 , • ' I 7 : 2 • 1 I I' J; 1.;i I:2 ■ *:a * I ' 7•: . * ' I , '. • 2 .. I.IIi _ at ::;.' I'• i I.' I ; .. . I-, z . :,.. .: . . : , 1••,. - . ii . i L.,. z , 1, 1 )' i. .• i ' Z,:.;; • I I • • --• , 7 'Z • • 1 2 5 57 1.7 17 11 I I 47''' ' 1 • .11 - • = ' .7,. 7 5.; -.7: I., E 7 • • 1 I - - • , F. '. k 1 1..3 i 1 . 111 -- - • ' .1 ; ' 1 l?' i ; 2 I 2: : i .... : i ... I : ; , 2 t a I: . ' a : g a •• a 3! , - 3 i i i *. : : ; - .3.2 ! :4. 1 i i -; i l'' :. ;7 :j r-; • • - H" . 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' r- nl..ii l../K I ) 1 r..... r. . ,,.: .1 1 i I; -... 1 C., I CCA • i I 7; 7' .. • ; I; IIII HOZ 2.61,[1.1101 n. . z :, : 2!•_• I .I.`'-Id F 31;11 S.1 tt 'I t, :',t, . . 0 . .. 7 • . I7 I ,-. I : :' : i : s: : .. 2 't Z .. r: ' • ;. 1 • . 1 r.:: , • .-• 0 ; I '. ---;IZ - Agenda Information Memo April 9, 1992, City Council Meeting • DIFFLEY ROAD, APPROVE RESOLUTION PROHIBITING ON-STREET PARKING N. Diff ley Road, Approve Resolution Prohibiting On-Street Parking--The recent approval of the upgrading of Diffley Road (County Road 30) from 1/2 mile east of Pilot Knob Road to TH 3 was for a roadway section that did not incorporate parking lanes. Subsequently, in accordance with County State Aid funding requirements, the local municipality must pass a Resolution prohibiting on-street parking for this segment of road improvement. Enclosed on page S"'/ is a copy of the Resolution for this action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a Resolution prohibiting parking on Diffley Road (County Road 30) from 1/2 mile east of Pilot Knob Road to TH 3 and authorize the Mayor and City Clerk to execute said Resolution. • • 410 CITY OF EAGAN RESOLUTION NO. A RESOLUTION PROHIBITING PARKING ON COUNTY ROAD 30 WHEREAS, The County of Dakota has submitted, to the Commissioner of Transportation, the plans and specifications for the improvement of CSAH 30 (Diffley Road) , from 0.5 miles East of CSAH 31 (Pilot Knob Road) to TH 3, and WHEREAS, State Aid funds will be expended on the improvement of this street, and WHEREAS, The approved State Aid standards, as applicable to this project, restrict all parking. NOW, THEREFORE, BE IT RESOLVED, By the City Council of Eagan, Dakota County, Minnesota, that parking of all vehicles within the project limits of MSAP (7) in Eagan on CSAH 30 (Diffley Road) be prohibited. ADOPTED this day of , 1990. • , Mayor ATTEST: City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan, Minnesota, on the day of 1990, as disclosed by the records of said City in my possession. City Clerk Resolution Agenda Information Memo • April 9, 1992, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE (PRETTYMAN HEIGHTS). O. Contract 89-F, Acknowledge Completion/Authorize City Maintenance (Prettyman Heights - Streets & Utilities)--The public streets and utilities within the Prettyman Heights Addition were installed privately by the developer under Private Contract 89-F with the City of Eagan. These utilities have been completed, inspected by City personnel and found to be in compliance with the official plans and specifications for this project and in order for formal acknowledgement of completion and authorization of perpetual City maintenance subject to appropriate warranty provisions. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 89-F (Prettyman Heights - Streets & Utilities) and authorize City maintenance subject to appropriate warranty provisions. ACKNOWLEDGE COMPLETION/AUTHORIZE FINAL PAYMENT (GALAXIE CLIFF PLAZA 2ND ADDITION) • P. Contract 90-10, Acknowledge Completion/Authorize Final Payment (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities)--The installation of streets and utilities within the • above-referenced subdivision have been completed under the above-referenced City contract. All final inspections have been performed by City personnel and found to be in substantial compliance with the official plans and specifications for this project. We have received a request for final payment from the contractor along with a Certificate of Compliance from the consulting engineering (SEH). Staff concurs with this recommendation for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the sixth and final payment . for Contract 90-10 (Galaxie Cliff Plaza 2nd Addition- Streets & Utilities) in the amount of $12,648.40 and accept the project for perpetual maintenance subject to appropriate warranty provisions. Agenda Information Memo • April 9, 1992, City Council Meeting CANCEL PROJECT (AUTUMN RIDGE 2ND ADDITION) Q. Project 628, Cancel Project (Autumn Ridge 2nd Addition - Streets & Utilities)--On January 7, 1992, the City Council received a petition from the developer of the Autumn Ridge 2nd Addition and subsequently approved the preparation of a feasibility report for the installation of streets and utilities to service this development as well as the proposed Hawthorne Woods. However, during the platting process for both these developments, the developer has now indicated a desire to install these improvements privately under the terms and conditions of a development agreement. Subsequently, he has requested the City to cancel this project. With the original petition, the developer agreed to accept all costs associated with this project if it did not proceed through the public hearing process. Therefore, all costs incurred to date will be invoiced to the developer for reimbursement prior to processing final plats for Council approval. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge the request of the developer of the Autumn Ridge 2nd Addition and cancel Project 628 (Autumn Ridge 2nd Addition - Streets & Utilities) and require reimbursement of all City incurred expenditures prior to processing the final plat for the Autumn Ridge 2nd Addition and/or Hawthorne • Woods Addition. • �6 Agenda Information Memo • April 9, 1992, City Council Meeting .1)UOLIC HEARINGS VACATE DRAINAGE & UTILITY EASEMENT (LOT 6. BLOCK 1. LAKESIDE ESTATES) A. Vacate Drainage & Utility Easement (Lot 6, Block 1, Lakeside Estates)--On March 3, the City Council received a petition to vacate a drainage and utility easement through the middle of Lot 6, Block 1, as shown and described on page . Subsequently, a public hearing was scheduled for April 9 to formally discuss this request. All notices have been published in the legal newspaper and sent to all affected property owners and interested utility customers. As of this date, the staff has not received any objections to this proposed vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of a drainage and utility easement through Lot 6, Block 1, Lakeside Estates as described. • • c7 PROPOSED VACATION Lot 6 , Block 1 , Lakes1de� Estates, according to the recorded plat thereof , Dakota County, Minnesota • • _. Il . L) _______ ______ I nA5-, pMs-NT hc'c• y98571 f 110 UTIL T1' ' I Auc> 3r,, 1977 EASEAEntr '4, 1 I Imo• y9 ---� s4ts — i mAY 24,1117 I LoT 7•h Nr1 21+1 N . I I 30 nit- 27' 11:1 .4, I Pi) i �! '` ' —� III I 4', ZIP I idito I [____ ____J Is . A 100'-------.---.--..._ +C-x, AthM IC Hill U. +-VE 1—r f4 A public hearing to vacate the following described easements: Document No. 498428, a utility and drainage easement over and across the following described parcel of land in Block 1, Lakeside Estates, Dakota County, Minnesota: The Westerly 5 feet of the East one-half of Lot 6, and the Easterly five feet of the following described parcel of land: Lot 6, except the East one-half thereof. Also, Document No. 498571, a utility and drainge easement over and across Lot 6, Block 1, Lakeside Estates, Dakota County, Minnesota described as follows: The Westerly five feet of the East one-halal of Lot 6 (6) . ..3.--S Agenda Information Memo April 9, 1992, City Council Meeting WOODLANDS NORTH 2ND ADDITION B. Project 630, Woodlands North 2nd Addition (Streets & Utilities)--On March 3, the City Council received a feasibility report for the installation of streets and utilities under the above-referenced project and scheduled the public hearing to be held on April 9 to formally present and discuss these improvements. Enclosed on pages 46,0 through is a copy of the feasibility report providing additional information regarding this impr vement. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this proposed improvement and public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve Project 630, Woodlands North 2nd Addition (Streets & Utilities) and authorize the preparation of detailed plans and specifications. �9 • FEASIBILITY REPORT ESTIMATE OF COST THE WOODLANDS NORTH 2ND ADDITION • UTILITY AND STREET IMPROVEMENTS PROJECT NO. 630 EAGAN, MN. MARCH, 1992 60 city of ea cin MUNICIPAL CENTER MAINTENANCE FACILITY EGAN 3830 PILOT KNOB ROAD 3501 COACHMAN POINT THOMAS Mayor EAGAN, MINNESOTA 55122-1897 EAGAN,MINNESOTA 55122 PHONE:(612)681-4600 PHONE:(612)681-4300 PATRICIA AWADA FAX:(612)681-4612 FAX:(612)681-4360 PAMELA McCREA TIM PAWLENTY THEODORE WACHTER Council Members M THOMAS HEDGES March 2, 1992 City Admininstrator • EUGENE VAN OVERBEKE HONORABLE MAYOR & CITY COUNCIL City Clerk CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MN. 55122 RE: City Project No. 630 The Woodlands North 2nd Addition Dear Mayor & City Council: Enclosed is the Feasibility Report for The Woodlands North 2nd Addition - Utility • and Street Improvements. Included is a preliminary cost estimate and preliminary assessment roll for the project. Staff will be available to discuss and present the details of the project to the Council and other interested public at a time convenient to the Council. ' .c; rely, Mi,hael P. Foertsch, P.E./L.S. Assistant City Engineer MPF/jf I hereby certify that the attached plan, specification, or report was prepared • e or under my direct supervision and that I am a duly registered Professional Eng eerio n d-i�, - a - o the State of Minnesota. Assistant City Engineer Registration # /0/39' Date: ��. !u , � ' • Dire• tor of Finance • Date: 3/44, 6/ THE LONE OAK TREE . . . THE SYMBOL OF SIREN TH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer FEASIBILITY REPORT AND ESTIMATE COST THE WOODLANDS NORTH 2ND ADDITION PROJECT 630 SCOPE This project provides for the construction of sanitary sewer, watermain, streets and streetlights to serve the proposed duplex homes of The Woodlands North 2nd Addition. There are to be 10 duplex style homes located in a cul-de-sac on the south side of Trails End Road. This development and Ivy Court is the second phase to The Woodlands North 1st Addition. (Refer to Figure No. 1 for a general location of the project location. ) FEASIBILITY AND RECOMMENDATIONS This project is feasible from an engineering standpoint and is in compliance with the Master Street Plan, the Comprehensive Sewer Policy Plan, Water Supply and Distribution Plan, the Comprehensive Storm Water Management Plan and Water Quality Management Plan for the City of Eagan. The project as outlined herein can best be carried out as one contract or combined with a similar type project to be constructed at the same time. DISCUSSION • 1 The following is a discussion of how utilities, streets and streetlights will be provided to service this area. The preliminary layout for the street was provided by the developer with the preliminary plat submittal for The Woodlands North 1st Addition. A. Sanitary Sewer Sanitary sewer to serve the proposed duplex homes abutting Trails End Road will be provided by an 8" diameter PVC sewer lateral that connects to the existing 8" sanitary sewer stub at the south right-of-way of Trails End Road constructed as part of Project 596R, The Woodlands North Streets & Utilities. This existing 8" stub connects to a 12" sanitary sewer flowing westerly in Trails End Road. Preliminary location for the sanitary sewer lines is shown on Figure 2 . The 1988 Comprehensive Sewer Policy Plan proposes land use planning of approximately two-thirds D-II (R-2) and one-third D-I (R-2) for these ten duplex lots. All ten lots will be zoned for R-2 . This zoning will have no additional impact on the sanitary sewer systems capacities. • Previous sanitary sewer assessments to this area include: Sanitary Sewer Trunk - Project 58 Sanitary Sewer Lateral - Project 596R B. WATERMAIN As part of this project it is planned to construct a watermain to serve the duplex area of the proposed Ivy Court. The watermain will connect to the existing 6" watermain stub at Trails End Road constructed as part of Project 596R. Preliminary locations for the watermain lines are shown on Figure 2 . The watermain for the Woodlands North 2nd Addition development is located in the intermediate level pressure zone and will experience static pressure of approximately 82 p.s. i. and a residual pressure of 68 p. s. i. Previous assessments to this area for watermain include: Water Trunk - Project 58 Lateral Benefit Water Trunk - Project 58 411 Water Lateral - Project 596R C. SERVICES Sanitary sewer and watermain services will be constructed to a point 15 feet beyond the property line. Sanitary sewer service lines shall be 4" diameter with 4" cleanouts and water service lines shall be 1" diameter. Each unit of the duplex homes shall have a separate sewer and water service. Previous assessments to this area for watermain include: Water and Sanitary Sewer Services - Project 596R D. STORM SEWER There is no storm sewer proposed within The Woodlands North 2nd Addition. Runoff from Lots 1-5 and the easterly one-half of Ivy Court will flow north-northeasterly to Trails End Road and thence easterly along the south gutter thereof. Similarly, Lots 5-10 and the westerly one-half of Ivy Court shall flow north-northwesterly to Trails End Road and thence westerly along the south gutter thereof. S 63 The Woodlands North 2nd Addition development is located one- half in District E and one-half in District J of the City's Storm Water Management Plan. The runoff from the east one-half of The Woodlands North 2nd Addition flows into the storm sewer in Trails End Road and from there into the recently constructed Pond JP 33.1. Runoff from the west one-half of The Woodlands North 2nd Addition flows into the storm sewer in Trails End Road at Ivy Lane and from there west and northerly through a 33" pipe under Yankee Doodle Road. The Woodlands North development's water quality requirement will be met by the upgrading of Pond EP-2.3. This pond will be located in the southwest corner of the next phase of the duplex development. Previous assessments to this area for storm sewer include: Storm Sewer Lateral - Project 596R Storm Sewer Lateral - Project 589R E. STREET Street construction shall consist of a 28 ' wide bituminous loop street constructed to a 7 ton residential design 411 thickness based on existing soil conditions. The proposed street construction shall include aggregate base, bituminous surfacing, concrete curb and gutter and restoration of boulevards. Landscaping of cul-de-sac islands shall be by the developer. The proposed street is shown on Figure 3. Previous assessments to this area for streets include: Street - Project 596R Street - Project 589R F. STREET LIGHTING Street lighting shall be 100 watt high pressure sodium luminaire. The type luminaires and the spacing of the street lights shall be according to the City of Eagan's standards for street lights. EASEMENTS/RIGHT-OF-WAY The public right-of-way for the proposed street will be dedicated with The Woodlands North 2nd Addition final plat. 410 Z17/ Permanent easements for drainage and utility shall be dedicated on the plat of The Woodlands North 2nd Addition in accordance with the conditions of the Development Agreement for the proposed development. COST ESTIMATES Detailed cost estimates are presented in Appendix A located at the back of this report. A summary of these costs is shown below. A. Sanitary Sewer $ 11, 100. 00 B. Water Main $ 6, 345.00 C. Services $ 8, 315.00 D. Streets $ 12, 140. 00 E. Street Lights S 1. 060. 00 TOTAL ESTIMATES PROJECT COST $ 38,960.00 ASSESSMENTS Assessments for the improvements under Project 630 are proposed to be levied against the benefitted properties on a • per lot basis. A preliminary assessment roll is included at the back of this report in Appendix B. The assessments will be spread over a period of 5 years unless otherwise specified by the City Council at the public hearing. The interest rate will be based upon the bond sale used to finance these improvements. Assessment areas are shown on Figure 4. ASSESSMENT AREA CONSTRUCTION AREA Platted Property: Platted Property: - Wescott Garden Lots Wescott Garden Lots Lot 2 , Block 1 Lot 2, Block 1 - The Woodlands North — The Woodlands North Outlot C Outlot C Outlot D Outlot D REVENUE The project is proposed to be financed 100% through special • assessments to the benefitted property. ITEM COST ASSMT. REVENUE CITY SHARE 411 Sanitary Sewer $ 11, 100. 00 $ 11, 100. 00 -0- Water Main 6, 345. 00 6, 345. 00 -0- Services 8 , 315. 00 8, 315. 00 ' -0- Streets 12 , 140. 00 12 , 140. 00 -0- Streetlights 1, 060. 00 1, 060. 00 -0- TOTAL $ 38,960.00 $ 38,960.00 -0- PROJECT SCHEDULE Present Feasibility Report March 2, 1992 Public Hearing April 9, 1992 Approve Plans & Specifications April 9, 1992 Open Bids May 1, 1992 Award Contract May 5, 1992 Completion of Construction August 1, 1992 Assessment Hearing October, 1992 First Payment Due with Taxes May, 1993 III III ac; • APPENDIX A PRELIMINARY COST ESTIMATE THE WOODLANDS NORTH 2ND ADDITION PROJECT 630 SANITARY SEWER 240 1.f. 8" PVC Sanitary Sewer in place $15 /l.f. $3,600.00 3 each 4' Std. MH incl/cstg $1,000 /each $3,000.00 9 l.f. 4' Std. MR in excess of 8' $50 /l.f. $450.00 1 each Connect to exist. 8" San. Sewer $300 /each $300.00 10 each 4" x 8" PVC Wye in place $45 /each $450.00 4 c.y. Rock stabilization below pipe 7.50 /c.y. $30.00 Subtotal $7,830.00 5% Contingencies $390.00 • $8,220.00 +35% Legal, Fiscal, Eng. & Bond Interest $2,880.00 TOTAL SANITARY SEWER $11,100.00 WATERMAIN 175 1.f. 6" DIP Watermain $15 /1.f. $2,625.00 1 each Hydrants $1,050 /each $1,050.00 500 lbs. Fittings $1 /lbs. $500.00 1 each Connect to exist 6" DIP Watermain $300 /each $300.00 Subtotal $4,475.00 +5% Contingencies $225.00 $4,700.00 +35% Legal, Fiscal, Eng. , & Bond Interest $1,645.00 • TOTAL WATERMAIN $6,345.00 67 SERVICES 195 l.f. 4" PVC Sanitary Sewer Services $9 /1.f. $1,755.00 10 each 4" PVC Cleanout $80 /each $800.00 290 l.f. 1" Copper Water Service $8 /l.f. $2,320.00 10 each 1" Corporation Stop $25 /each $250.00 10 each 1" Curb Stop $70 /each $700.00. 5 c.y. Rock Stabilization below pipe $8 /c.y. $40.00 Subtotal $5,865.00 +5% Contingencies $295.00 $6,160.00 +35% Legal, Fiscal, Eng. , & Bond Interest $2,155.00 TOTAL SERVICES $8,315.00 STREETS • 400 c.y. Subgrade Excavation $2 /c.y. $800.00 240 tons Class 5 Aggregate Base $7 /ton $1,680.00 90 tons 2331 Bituminous Base Course $13 /ton $1,170.00 67 tons 2341 Bituminous Wear Course $15 /ton $1,005.00 9 tons Bituminous Material for Mix $150 /ton $1,350.00 50 gal. Tack Coat $2 /ton $100.00 300 l.f. Mountable Concrete C & G •$5 /l.f. $1,350.00 210 1.f. B-612 Conc. C & G (Center Islands) $5 /l.f. $1,050.00 32 s.y. Sod with 4" topsoil $2 /s.y. $57.60 Subtotal $8,562.60 +5% Contingencies $430.00 $8,990.00 +35% Legal, Fiscal, Eng. & Bond Interest $3,150.00 TOTAL STREETS $12,140.00 Zg .TREETLIGHTS 1 each Streetlights $750 /each $750.00 Subtotal $750.00 +5% Contingencies $37.00 $787.00 +35% Legal, Fiscal, Eng. , & Bond Interest $273.00 TOTAL STREETLIGHTS $1,060.00 4 • 6 APPENDIX B PROPOPOSED PRELIMINARY ASSESSMENT ROLL THE WOODLANDS NORTH 2ND ADDITION PROJECT 630 A. SANITARY SEWER Parcel Cost/Lot Total Assessment Block 1, Lots 1-10 $1,110.00 $11,100.00 B. WATERMAIN Parcel Cost/Lot Total Assessment Block 1, Lots 1-10 $634.50 $6,345.00 C. SERVICES Parcel Cost/Lot Total Assessment . Block 1, Lots 1-10 $831.50 $8,315.00 D. STREETS • Parcel Cost/Lot Total Assessment Block 1, Lots 1-10 $1,214.00 $12,140.00 E. STREETLIGHTS Parcel Cost/Lot Total Assessment Block 1, Lots 1-10 $106.00 $1,060.00 TOTAL $3,896.00 $38,960.00 • 716' • Parcel San. Water Services Streets Street- Total Sewer Lights Assessment Per Lot OUTLOT D The Woodlands North 2nd Addition (Proposed Block $1,110.00 $634.50 $831.50 $1,214.00 $106.00 $3,896.00 1, Lots 1-6) Wescott Garden Lots, Block 1, Lot 2 (Proposed Blk. $1,110.00 $634.50 $831.50 $1,214.00 $106.00 $3,896.00 1, Lots 7-10) Total Assessments to Parent Parcels OUTLOT D The Woodlands North 2nd Addition $23,376.00 Lot 2, Block 1 Wescott Garden Lots $15,584.00 •TAL $38,960.00 • 7/ g 8\� bLIN Ori -TAlAARAC PT ( ��.10h)11 - A 2-BIRCH C SE'�^'i� SW SE -'�i'�, 3-NORWAY PT. \ ' r' °-IRONWOOD RIDGE TR `-J , E �s ',`1 Rlliti ` S-IRONW00C LN. i� DOODLE ROAD .44111111111111- AA \'� ` Co Ro r\ 6 ^ CENTRE I's "r_ov•`- ` -- O'LEARY PARK !CARRIAGE 1 - I �' NW HILLS GOLF --CED -::;:NE BTREET NW NE eft '3� < e J 6LUE�.� COURSE ��3 / ;6 KW DD j e .\/ �'_—� GREATIO NECKER R0. I (� 0- - D C.P. :1' V v DR II !'j .,7.tf \ .^' _ T I i ` MI :RD �_JJ/r p 4'OA.- iT— _.• l:x Er:'rT r \.:Gi WAr , %c T c �Zy� f zw� IC W ,�� (134"), '9D C.. d'�.t;-. l� jeN1 G'L °'1 FA-CON I W ...2* :-,P FRLTk N \ ,.i �O� � SE y1��I � SW _ ..0 _- Sa R s. .-.y u,bW o - � SE aDPF _ �' P� = S (NMLS• L �r ^' �J Q II C . ANDERING WAL RA.. E I lEl' i - f BRENTIy U c V '. C -Cvr 1J p,..�k iF ON)- ESCOTT i W .-rI RD. _ •`•- _ O :§r,o¢ ETTLE-L, I t^'-'� ; _Q _"1- 4'L�b BA� r' )�� ii cTB- i' -SA NNAN - • I si Rim°a V E a `' ■ 1 s a Fpj �� I1�` I T ;EST p ;p,t a N ' ' Net. I° , ii Li. �. 7Ta�x;?� eye. IN 4 �wExsZ ¢¢m m .,e...-. e� JRk �j �. MNQ- 2 > h�'. ` / NINOVER I rD GE ., �a -F' I:,Wes. ! 4. //>(� _ =t')� 0 I PROJECT LOCATION I 0 200 400 scale in feet • . . city of eagan THE WOODLANDS NORTH SECOND ADD. approved: standa.— plate # c-- PUBLIC LOCATION PLAN 3-92 FIG. I $ < WORKS PROD- 630 !� DEPARTMENT • J N ........ SCALE IN NET —_-- . n ■ �� __ 50 0 30 100 I 1 �1-�; 1 ��y,- L`/— I I Y'r I I WS(.' 1 I r 1 L I LOT _ A t 9 10 I - I 0 I Q 1 0 1 er I I , I I / 1 1 ;"PVC :‘,u. - 1 IVYwESCOTT ,' 5 - 1 1 I ` 1 1 I Di 1 Zi - I Li' o za I / ` 1- rt 1`ao ■ rO`IT� U)1 L 3 x a I 2 I 1W 1 •'DS I ` 1 / \ Tt-IE ��r)Yt eo-•1" 1 x 1 I�V.�ri 1 N1 n I / _J1 I I I Q1 1 CrI _ I 1—I I I I / �� 1 / .1 / / - City of eagan THE WOODLANDS NORTH 2nd ADD. approved: standard plate #: - = PUBLIC WORKS SEWER & WATER FIG. 2 DEPARTMENT PROJECT 630 el • SCALE IN kit • .N---z ===—. : iirliwili 50 0 50 100 • II • •Is I I ,...f,1•:/r NC:, 1.4 L. I I rr'f'iTT '.. I , NvE-,‘- -.7 , , I (1; 4- , 1 .''d I , 1 1 I I to <, I 11‘1111,9 0' cr I t I I I I I I t i I I i I I I I —-.7.-.' 6 :•::.:.:.•::::.:::'' t PROPOSED -.... `... s. WESCOTT \ STREETLIGHT % SQUARE BLOCK I . COURT 5 : , ------- 1 PROP 8612 CS G s • t •."`PRO_L* 440lJtA 0 ft,“a G o - t . • 4 . t 1 _.... i • 0* 3 Z I 1 WI t 1 . 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I / * / - , .1. ..'....., ••••• .:.::::::::::!:;:.:::::::::;::::::.:.:.: ....::::::::::..........:::::::::::::::::::. I i . / ..', . / ................:**........:.:.:.:.:.............................. i -........: .:.:.:.:.:.:.::::::......•:•.....*:•:•:•.•..... I I . s • •'.*.* ::.:.::::::::•:::::::•:".........::::::::-:::..... ASSESSMENT PER LOT standard city of eagan THE WOODLANDS NORTH 2nd ADD. approved: plate #: PUBLIC ASSESSMENTS 0_5D - FIG. 4 - .A. WORKS DEPARTMENT PROJECT 630 .., , Agenda Information Memo April 9, 1992, City Council Meeting OAK CLIFF 6TH ADDITION C. Project 627, Oak Cliff 6th Addition (Streets & Utilities)--On March 3, the City Council received a feasibility report for the above-referenced proposed improvements and scheduled a public hearing to be held on April 9. Enclosed on pages 77 through 9�' is a copy of the feasibility report which provides additional informa io{i pertaining to this proposed improvement. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this improvement and public hearing. Staff will be available to present the details associated with this proposed improvement and answer any questions that may arise through the public hearing process. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve Project 627, Oak Cliff 6th Addition (Streets & Utilities) and authorize the preparation of detailed plans and specifications. 11111 • �6 , . • A .. r. ^ 1 1 r. r 1 IL% c .`i _J 4 k Report for Oak Cliff 6th Addition Utility Improvements 0 Project No. 627 Eagan, Minnesota February 1992 File No. 49522 iniBonestroo Rosen. MAnderlk & Associates • Engin..rs a Architects St. Paul, Minnesota 77 Otto G.Bonesboo.PE. Keith A.Gordon.P.E. James R.Maland.PE. Rene C.Plumart A.IA. i l'''- Q �1 [ Joseph C.Anderlk.P.E. Richard W Foster.P.E. Kenneth P.Anderson.P.E. Agnes M.Ring.AJC.P Yon`„St/�o Marvin L.Sorvala.P.E. Jerry A.Bourdon.P.E. Mark R.Ices.P.E. Jerry D.Perasch.PE. k-4, 1 ` .sal Richard E.Turner PE. Mark A Hanson,P.E. Thomas E.Angle,P.E. Cecilio Olivier.P.E. Rosene Glenn R.Cook.PE. David O.Loskota.P.E. Daniel J.Edgerton.P.E. Gary W.Morien.PE. Wit Thomas E.Noyes.PE. Robert C.Russel A.IA. Mark A.Seip,P.E. Karen L.Wiemeri.P.E. I • ‘7,-.72'-'t Anderlik & Robert G.Schrmicht P.E. Howard A.Sanford,PE. Philip J.Caswell.P.E. Keith R.Yaps P.E. Susan M.Eberlin.C.PA. Donald C.BurgardL P.E. Ismael Martinez.PE. Michael P.Rau,P.E. t Associates Ted K.Field.P.E. Mark D.Wallis,P.E. Charles A.Erickson i Michael T.Rautmann,P.E. Thomas R.Anderson.A.IA. Leo M.Pawelsky Robert R.Plefferle.P.E. Gary F.Rylandec P.E. Harlan M.Olson Engineers & Architects Thomas W Peterson.PE. Miles B.Jensen,PE. `Michael C.Lynch.P.E. L.Phillip Gravel III.PE. February 27, 1992 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Oak Cliff 6th Addition Utility Improvements Project No. 627 Our File No. 49522 Dear Mayor and Council: Attached is our report for the Oak Cliff 6th Addition Utility Improvements. The report presents and discusses the proposed utility improvements and includes a cost estimate and preliminary assessment roll. IIWe will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss this report. Sincerely, BOIaTEST. OO OSENE, ANDERLIK & ASSOCIATES, INC. A' (a G�iy✓J(�- Mark 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 Miin sots. 71/a,/,‘,„,..........____ Mark A. Hanson Date: February 27, 1992 Reg. No. 14260 • 49522.Rpt .7g/ . 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 • OAK CLIFF 6TH ADDITION UTILITY IMPROVEMENTS EAGAN, MINNESOTA PROJECT . 627 TABLE OF CONTENTS Page No. LETTER OF TRANSMITTAL 1. TABLE OF CONTENTS 2. SCOPE 3. FEASIBILITY AND RECOMMENDATION 3. FIGURE NO. 1 - LOCATION PLAN 4. DISCUSSION 5. A. SANITARY SEWER 5. B. WATER MAIN 5. 011/ C. STORM SEWER 5. D. STREET 6. E. STREET LIGHTING 6. EASEMENTS AND PERMITS 6. COST ESTIMATE 7. AREA TO BE INCLUDED 8. ASSESSMENTS 8. REVENUE SOURCES 10. PROJECT SCHEDULE 11. APPENDIX A - PRELIMINARY COST ESTIMATE APPENDIX B - PRELIMINARY ASSESSMENT ROLL FIGURE NO. 2 - SANITARY & WATER MAIN LAYOUT FIGURE NO. 3 - STORM SEWER LAYOUT FIGURE NO. 4 - CLIFF ROAD LAYOUT • - 2 - 49522.Rpt • REPORT FOR Oak Cliff 6TH ADDITION UTILITY IMPROVEMENTS EAGAN, MINNESOTA PROJECT NO. 627 SCOPE Oak Cliff 6th Addition is located in the southwest corner of Cliff Road(Co. Rd. 32) and Slaters Road as shown on Figure No. 1. The subdivision includes a commercial lot (approximately 1 acre in size) and an Outlot (approximately 6 acres in size). Super America is building on the commercial lot while a future strip mall is proposed on the Outlot. This project provides for the extension of utilities to serve Oak Cliff 6th Addition and the surrounding area. Specifically, the utilities include sanitary sewer and water main extension • from the existing utilities in Slaters Road. Storm sewers and storm water ponding are also proposed to collect and treat storm water runoff from Oak Cliff 6th Addition and the surrounding area. This project also proposes improvements to Cliff Road required by the construction of a "Right-in-only" entrance to the Oak Cliff 6th Addition. The improvements to Cliff Road are being designed and constructed by Dakota County. The improvements are presented in this report to identify Eagan's financial responsibility and assessments to the benefited property. FEASIBILITY AND RECOMMENDATIONS The project is feasible from an engineering standpoint and is in accordance with the objectives established in the City's Comprehensive Utility Plans. The project can best be carried out as one contract. - 3 - 49522.Rpt PROJECT LOCATION S CLIFF ROAD C.S.A.H. 32 ,.............„ ,--....,71/4 ziiit ,izs,, _ o Q RAHN WAY o _ v q4 IS SWF:Ai NA Mit- iii ',■1I�/1j .iA D' /IA IN ; 70finialar -t 8 SEMEDEMIO No 1.1 II at'an y 6: wiva - ta LI ii* we: . -A EZn , 2 a N WPM iO I —a EN �� 'how. C��Ti' JAMES ST �1 L..►'.....t r NM "- 61111Jiltifiall O'MIN • e dielelll Pe., ela 0 . 1111141 ahoy PA ill,k, Me .... aid ,Noy Ai wikA% ( a Or *e -') ww, i DWI a��I TORLAND RD � `` � �iij.' ��.,„*..,ti At, . 1 ifr• '14* "1 . it." IPA"m gikir4.11 .4,15 0 ' t 4 N rr l 1 Thi - 0 500 1000 Scale In feet LOCATION PLAN Bonestroo• Rosene se win Anderlik & EAGAN, MINNESOTA gOFIGURE 1 Associates OAK CLIFF 6th ADDITION Engineers & Architects 2335 West Highway 36 49522L0C FEBRUARY 1992 COMM. 49522 St. Paul, Minnesota 55113 DISCUSSION A. Sanitary Sewer. Sanitary sewer proposed herein provides for the extension of an 8"sanitary sewer from the existing sanitary sewer in Slaters Road. Figure 2 shows the sanitary sewer extension. Also included is the extension of six 6" diameter sewer services from the 8" main. B. Water Main: Water main proposed herein provides for the extension of an 8" diameter water main from the existing 12" water main in Slaters Road. Figure 2 shows the water main extension. Also included is the extension of six 4" diameter water services from the 8" main. C. Ponding and Storm Sewer The developers of Oak Cliff 6th Addition have elected to provide ponding to fulfill their water quality requirements. This ponding area is shown on Figure No. 3 and designated Pond AP-10b. Pond AP-10a is located on Mary Mother of the Church property (Parcel 012-25, Sec. 31) and will provide storm water retention only. The ponding will eliminate the need to oversize the storm sewer through Oak Cliff 6th Addition. Pond AP-10b is located on the east side of Slaters Road and will collect storm water runoff from Oak Cliff 6th Addition and Oak Cliff 3rd Addition located on the east side of Slaters Road. Pond AP-10b will provide water quality requirements for Oak Cliff 3rd,6th Addition and Mary Mother of the Church property both in Eagan and Burnsville. The outflow requirement for Pond AP-10b is based on the capacity of the existing 12"diameter storm sewer under Slaters Road. Listed below is the ponding requirements for Pond AP-10a and AP-10b. Direct NWL Pond Drainage Wet Surface Mean Dry Outflow Description Area Volume Area Depth NWL HWL Volume (cfs) Pond AP-10a 7.0 ac. N/A 0.12 ac. N/A 972 979 1.8 ac.ft. 2.2 Pond AP-10b 14.5 ac. 5.0 ac.ft. 1.0 ac. 5.1 932 937.5 5.39 ac.ft. 2.6 • - 5 - 49522.Rpt S))°Z • It's assumed for purposes of this report, the grading for Pond AP-l0a and AP-10b will be done by the developer. The storm sewer construction is shown on Figure No. 3. The storm sewer from the Mary Mother of the Church parking lot to Pond AP-l0a and between Pond AP- l0a and Pond AP-10b is designed to convey the 5 year storm for the direct area tributary to it. The storm sewer outlet for Pond AP-l0a and AP-10b is designed to convey the 100 year outflow from each pond. The dry volume requirement for Pond AP-10a and AP-10b is designed to contain the 100 year event storm. D. Street: Street improvements include widening Cliff Road east of Slaters Road as shown on Figure No. 4. Specifically the improvements include extending the existing center median westerly from the existing median at Slaters Road approximately 940' to the west. An opening in the median will be provided at Cartier Avenue which will be opposite the new drive to Mary, Mother of the Church. A right turn in will be provided at Oak Cliff 6th Addition. The roadway width varies, however, the basic width provides 4 traffic lanes and left turn lanes at each opening in the median and a right turn lane at Slater Road. An 8'wide paved shoulder will be provided along each side of the roadway. The roadway will be widened to a rural section with no concrete curb and gutter. A bituminous trail is not proposed to be constructed at this time. E. Street Lights: Street lights are proposed to be installed by Dakota Electric as shown on Figure No. 2. EASEMENTS AND PERMITS Utility and ponding easements are required for the storm sewer and ponding in Oak Cliff 6th and 3rd Addition. It's assumed for purposes of this report the ponding easement for Pond 410 - 6 - 49522.Rpt 33 4 AP-10b will be granted by Federal Land and Amoco at no cost. The grading and ponding on Mn/DOT right-of-way must be agreed to by Mn/DOT through their permitting process. Preliminary discussions with Mn/DOT indicate the grading and ponding will be allowed. An easement for ponding on Mary, Mother of the Church property for Pond AP-10a is required to protect the storm sewer size in Oak Cliff 6th Addition. It's assumed an easement will not be required for the storm sewer serving Mary Mother of the Church property to Pond AP-10a. The additional right-of-way required from Parcel 012-25 (church)for the County Road improvement will be provided at no cost. Permits are required from the MWCC, MPCA, and Minnesota Health Department for extensions to the sanitary sewer and water system. COST ESTIMATE A detailed cost estimate is presented in Appendix A located at the back of this report. The cost estimate for Cliff Road was provided by Dakota County Highway Department. A.) Sanitary Sewer $ 26,240 B.) Water Main 19,490 C.) Storm Sewer 26,610 Church (Mary Mother of the Church) 9,890 Lateral to Pond AP-10b 91,890 Pond AP-10b to existing storm sewer 15,500 D.) Street (Cliff Road by Dakota County) 189,000 E.) Street Lights (Dakota Electric) 3.970 TOTAL $382,590 41111 - 7 - 49522.Rpt The total estimated project cost is $382,590 which includes contingencies and indirect costs. Indirect costs are estimated at 30% and include legal, engineering, administration and bond interest. Indirect costs are estimated at 15% for the street lights by Dakota Electric. These estimates do not reflect any cost for right-of-way or pond easement acquisition. AREA TO BE INCLUDED Assessment Area Oak Cliff - Outlot D (Oak Cliff 6th Addition) Oak Cliff 3rd Addition - Lot 1, Block 1 (Parcel 011-01, Amoco) Outlot A NW 1/4, Section 31 Parcel 012-25 (Mary, Mother of the Church) • SW 1/4, Section 30 Parcel 010-52 (Dakota Elec. Assn.) • ASSESSMENTS Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this report in Appendix B. All assessment costs will be revised based on final construction costs and easement/right-of-way acquisition as appropriate. The City Council will determine the interest rate and the time the assessments may be spread at the assessment hearing. 8 - • 49522.Rpt • A.) Sanitary Sewer. It's recommended the sanitary sewer be assessed on an area basis to Oak Cliff 6th Addition. B.) Water Main: It's recommended the water main be assessed on an area basis to Oak Cliff 6th Addition. C.) Storm Sewer Storm sewer is separated into three parts. Lateral storm from Mary Mother of the Church parking lot to Pond AP-10a is proposed to be assessed to the church (Parcel 012-25). Lateral storm sewer between Pond AP-10a and AP-10b (located in Oak Cliff 6th Addition) is proposed to be assessed on an area basis to Oak Cliff 6th Addition. The storm sewer outlet from Pond AP-10b to the existing storm sewer in Slaters Road is proposed to be assessed on an area basis proportionate to the rate of runoff for a 5 year event storm from each parcel in the drainage area tributary to Pond AP-10b. As previously mentioned, it's assumed grading of the ponding areas (Pond AP-10a and AP-10b)will be done as part of the grading for Oak Cliff 6th Addition. D. Street: The proposed improvements to Cliff Road (CSAH 32) incorporate approximately 380 feet (26.2%) in Eagan and 1,070 feet (73.8%) in Burnsville for this 1/4 mile (1,450 ft.) segment. The County has estimated the construction cost at$140,000. With contingencies(5%) and indirect costs (30%), the total estimated improvement is calculated at $189,000. Although the cost of a county road improvement is typically split on a 55/45(County/City) basis, the Oak Cliff 6th Addition is responsible for the total costs (no county participation) associated with extending the median westerly past its entrance as a condition of the County allowing the "right-in-only" entrance from this county road. This additional obligation will technically be assigned to the City of Eagan through the City/County Cost Participation • Agreement and is estimated at $6,800 as shown below: - 9 - 49522.Rpt �� 1 2 • Total County Road Improvement $189,000 $189,000 County's Share 104,000 (55%) 97,200 (51.4%) Burnsville's Share - 73.8% of 45% 62,800 (33.2%) 62,800 (33.2%) Eagan's Share - 26.2% of 45% 22,200 (11.8%) 29,000 (15.3%) (1) Typical cost split (2) Cost split due to Oak Cliff entrance requirement The City of Eagan's "typical" costs ($22,200) are allocated against the frontage (556') of the benefited parcels to arrive at an assessment rate of $39.93 per front foot. The proposed Oak Cliff 6th Addition will be responsible for the additional costs (2) along with its "typical" assessment rate. It is recommended that the street assessment for Oak Cliff 6th Addition be allocated on an area basis. E. Street Lighting_ The developer has requested the installation of street lights shown on Figure No. 2. The cost for the street lights will be assessed on an area basis to Oak Cliff 6th Addition, Lot 1, Block 1 and Outlot A. REVENUE SOURCES Revenue sources to cover the cost of this project are listed below: Project Revenue Balance A. Sanitary Sewer Lateral $26,240 Lateral Assessment $26.240 $26,240 $26,240 - 0 - - 10 - • 49522.Rpt B. Water Main Lateral $26,610 Lateral Assessment $26.610 $26,610 $26,610 - 0 - C. Storm Sewer Lateral $117,280 Lateral Assessment $117,280 $117,280 $117,280 .- 0 - D. Street (Cliff Road) Eagan's Responsibility $ 29,000 Assessment $ 29.000 $ 29,000 $29,000 - 0 - E. Street Lights (Dakota Electric) Lateral $ 3,970 Assessment $ 3.970 $ 3,970 $ 3,970 - 0 - The project is proposed to be financed entirely by Special Assessments to the adjacent benefited property. PROJECT SCHEDULE Present Feasibility Report March 2, 1992 Public Hearing April 9, 1992 Approve Plans and Specifications April 21, 1992 Open Bids/Award Contract May 19, 1992 • Complete Construction Fall, 1992 Assessment Hearing Spring, 1993 First Payment Due with Real Estate Taxes May, 1994 • - 11 - 49522.Rpt APPENDIX A • PRELIMINARY COST ESTIMATE OAK CLIFF 6TH ADDITION UTILITY IMPROVEMENTS CITY PROJECT NO. 627 A) SANITARY SEWER 120 Lin.ft. 6" PVC Sanitary sewer service @ $15.00/1.f. $ 1,800 500 Lin.ft. 8" PVC Sanitary sewer @ $20.00/1.f. 10,000 5 Each Std. 4' dia. MH w/cstg. @ $1,200.00/ea. 6,000 6 Each 8" x 6" wye service @ $50.0 0/ea. 300 1 Each Connect to existing sanitary sewer @ $500.00/ea. 500 620 Lin.ft. Mechanical trench compaction @ $1.00/1.f. 620 Total $19,220 +5% Contingencies 960 $20,180 +30% Indirect Costs 6.060 TOTAL $26,240 B) WATER MAIN 120 Lin.ft. 4" DIP Water service @ $15.00/l.f. $ 1,800 470 Lin.ft. 8" DIP Water main @ $20.00/l.f. 9,400 1 Each 12" x 8" wet tap @ $1,800.00/ea. 1,800 6 Each 8" x 4" Tee w/4" G.V. & box @ $900.0 0/ea. 5,400 1 Each 8" G.V. & box @ $500.00/ea. 500 590 Lin.ft. Mechanical trench compaction @ $1.00/l.f. 590 Total $19,490 +5% Contingencies 980 $20,470 +30% Indirect Costs 6.140 TOTAL $26,610 • - 12 - 49522.Rpt • C. STORM SEWER a.) Church (Mary Mother of the Church) 50 Lin.ft. 24" RCP storm sewer @ $30.00/l.f. $ 1,500 3 Each C.B. inlet structure @ $900.00/ea. 2,700 1 Each 24" flared end @ $650.00/ea. 650 8 Cu.yds. Rip rap @ $50.00/cu.yd. 400 Lump Sum Parking lot improvement @ $2,000.00/L.S. 2,000 Total $ 7,250 +5% Contingencies 360 $ 7,610 +30% Indirect Cost 2,280 TOTAL $ 9,890 b.) Lateral to Pond AP-10b 240 Lin.ft. 12" RCP storm sewer @ $20.00/11 $ 4,800 120 Lin.ft. 15" RCP storm sewer @ $24.00/l.f. 2,880 • 850 Lin.ft. 18" RCP storm sewer @ $26.00/11 22,100 120 Lin.ft. 21" RCP storm sewer @ $28.00/1.f. 3,360 300 Lin.ft. 27" RCP storm sewer @ $30.00/l.f. 9,000 10 Each Std. 4' dia. MH w/cstg. @ $900.00/ea. 9,000 3 Each CBMH w/cstg. @ $800.0 0/ea. 2,400 1 Each CB w/cstg. @ $750.00/ea. 750 1 Each Outlet structure @ $2,000.00/ea. 2,000 1 Each 27" RCP apron @ $700.00/ea. 700 140 Sq.yds. Street repair (Slaters Road) @ $15.00/sq.yd. 2,100 12 Cu.yds. Rip rap @ $50.0 0/cu.yd. 600 400 Cu.yds. Topsoil borrow @ $10.00/cu.yd. 4,000 2.5 Acres Seed w/existing topsoil & mulch @ $800.00/ac. 2,000 1,630 Lin.ft. Mechanical trench compaction @ $1.00/l.f. 1.630 Total $67,320 +5% Contingencies 3.370 $70,690 +30% Indirect Cost 21.200 TOTAL $91,890 - 139�- c.) Pond AP-10b to Existing Storm Sewer • 150 Lin.ft. 12" RCP storm sewer @ $20.00/l.f. $ 3,000 1 Each Std. 4' dia. MH w/cstg. @ $900.00/ea. 900 1 Each Outlet structure @ $2,000.00/ea. 2,000 140 Sq.yds. Street repair (Slaters Road) @ $15.00/sq.yd. 2,100 8 Cu.yds. Rip rap @ $50.00/cu.yd. 400 200 Cu.yds. Topsoil borrow @ $10.00/cu.yd. 2,000 1.0 Acre Seed w/existing topsoil & mulch @ $800.00/ea. 800 150 Lin.ft. Mechanical trench compaction @ $1.00/1.f. 150 Total $11,350 +5% Contingencies 570 $11,920 +30% Indirect Cost 3.580 TOTAL $15,500 • - 14 - 49522.Rpt • APPENDIX B PRELIMINARY ASSESSMENT ROLL OAK CLIFF 6TH ADDITION UTILITY IMPROVEMENTS CITY PROJECT NO. 627 A. SANITARY SEWER Parcel Area Description Acre Cost/Acre, Igtal Oak Cliff 6th Addition Lot 1, Block 1 1.1 $ 3,546 $ 3,901 Outlot A 6_3 3,546 22,339 Total 7.4 $26,240 B. WATER MAIN Oak Cliff 6th Addition Lot 1, Block 1 1.1 $ 3,596 $ 3,956 Outlot A - 6_3 3,596 22.654 Total 7.4 $26,610 C. STORM SEWER a.) Church (Mary Mother of the Church) Sec. 31, Parcel 012-25 $ 9,890 b.) Lateral to Slaters Pond Oak Cliff 6th Addition Lot 1, Block 1 1.1 $12,418 $13,659 Outlot A 6_3 12,418 78.231 Total 7.4 $91,890 • - 15 -49522.Rpt b.) Slaters Pond to Existing Storm Sewer • Parcel Runoff (5-yr.) Description cfs) Cost cfs Total Oak Cliff 3rd Addition Lot 1, Block 1 (011-01, Amoco) 9.5 . $ 274 $ 2,606 Outlot A 19.7 274 5,404 Oak Cliff 6th Addition Lot 1, Block 1 3.7 $ 274 $ 1,015 Outlot A 21.4 274 5,871 NW 1/4, Section 31 Parcel 012-25 (Church) 2.2 * 274 604 Total 56.5 $15,500 * Ponded runoff • D. STREET (CLIFF ROAD) Parcel Frontage Description (F.F.) Rate/F.F. Total Sec. 30, Parcel 010-52 181' $39.93 $ 7,227 Sec. 31, Parcel 012-25 150' 39.39 5,990 Oak Cliff 6th Addition "Typical" Co. Rd. 225' $39.93 $ 8,985 "Right-in-only" Entrance --- Lump Sum 6.800 Subtotal Oak Cliff 6th Addition $15,785 Outlot A (85% of area) $13,417 Lot 1, Block 1 (15% of area) 2,368 $15,785 - 16 - 49522.Rpt 9 • E. STREET LIGHTS (DAKOTA ELECTRIC) Oak Cliff 6th Addition Area Acre Cost Acre Total Lot 1, Block 1 1.1 $537 $ 590 Outlot A 6_3 537 3,380 7.4 $3,970 • • - 17 - 49522.Rpt ` N V. f� N V7 n ' .-1 i 69 49 ti 69 3a • 0 M I cA .-1 in P N N M 69 r-1 69 O az o a ct. 00 a _o H a `�H w F w .-E.:. a W Q o F , W) x w °° CA a "" a . 3j i i N E Mai In 0 W a p a VI �■ 1 G 3 7i1 Ct 2 M N H i4 , . - r p I Q jj (y rt t 49 f V 7 7 O w . yu O V .. ` U ...6 7.1 C F o �- `t a 96-- l w goo ■...—Z —∎ 9mM is fwt !F"i © r71 _ ���Y • i t 1.--J V N I {' �I '/ U S 'TTERSRO , / 2 _ ...-' // / .--- -_, -i-----(=---7-- 4- .'''.:4013117-4...._ - --/ / I r7 I I I I j PO I I II o I -M ,� 1 _./ fThc 1 , u L / ) ---11 i1 i PROPOSED 8" I. I WATER] MA N 4° CI I 1 i Ii i( / L..... i I OUTLOT J 0 111 'I ! i L D III .2,(44--- , I ,__, r 1 4 f, U (I J PROPOSED 8" ��I i SAN ITA' Li I f/ . I I ± LEGEND E STREET LIGHT • •SANITARY SEWER & WATER MAIN IMPROVEMENTS n Bonestroo Rosene Anderlik b EAGAN, MINNESOTA FIGURE 2 fl Associates OAK CLIFF 6th ADDITION 96 Engineers & Archlt.ca 3 Woe Highway 38 49522R01 FEBRUARY 1992 COMM. 49522 StPaul. trIm.aota 55113 o eo =.1 i m¢« ' i - q{:p..1-. • , f ■ i n 1 QO r W cf I PROPOSED AMOCO FUTURE EXPANSION 10 P os "" j D CD DRAINAGE POND AP-108 `1 G\,\c �••?i ,:-•_•..-•---•---.------ _-.N.W.L.=._933 ••i• -i BOUNDARY HWL=937.5 '(` ��Q• ��%i�����• .■... 0P 4 i,,, • • • ®off 1 •♦ 1 �• i' n �Q� 1 i �� f4 /4100 Irk MI Illp? 11■ I ' r--7 1.iiii:::1 1 ',V•/' m •,.I : 1-; i;.;;� 011-0t ,, �. 3 II: s 1 c:.::.:-:-:.:, _____0-'21r, '-,7Y..f." % Itikeir- ,111111SW 5 N I "ERs r' N� 6 O 7 . - IQ CL ? ' ._• _ POND AP-10 • •1' • • m= I1 I I PROPOSED i�-L�� I ■ STORM SEWER 1 a P � � ■ { 6 I UTLOT Ai I ■ 1 000 ■ 1 ■ OUTLOT B o v l ,, g 0 _I D 7 t- 1' - (;VI BOUNDARY 4 0 ADS ez ! 'itti,‹ 1 I •/"" i ••••.}�• i ~ e W ITE •AK CT. • J J ; 8 9 1 3 I ! 012-25 Z I 1 • _ EAGAN_ _ r'" POND AP-10A I BURNSVILLE _.._.. .._ ._.._.._ ._.. _ . NWL=972 • „ ; HWL=979 • PROPOSED CHURCH • • a: 1 STORM SEWER a o . • I• . . • • C • M • • e • MARY MOTHER U • V ' OF THE CHURCH ■ N •— — ` W N ' V•,1 111 *w ��� 0 Z re\\ is d I= m r'' Ce O Q ; laJ W .L. I I -7—��� Z • I 1 y Z 0 200 400 a 917 Scale in feet O OQ Y N Q ° O + —� I I MATCH LINE V O e ^X� W 17 i I Z o • 8• - O I I E ;s < -- o • I I o kit 1 , 0 < I ; I Q 1 W N.."� ' ." , I -4..-J II ; I � 0 1 0 I I CINNAMON ,.. i in '.4 N II C•1 � pS A RIDGE TR. I t I I Lin ,.// rs. an • I _ o J N L b J in �y QN Q p aO cN w .._..I_. .,. EAGAN BURNSVILLE II II • U 1 1 o WD xx wOU N 12' 12 4'L14112'.' �mw n CARTIER I • _ I ( Cr�0 0 • r + AVENUE I "I I > o o F /-- CL 1 B'12'114'6 j14'I2112'8' a < 0 \\ v I I I m 6- a 110-. Z t o z w � I I I �ix MJ a U M _ I j I v 0 o MATCH LINE • Agenda Information Memo April 9, 1992 City Council Meeting PROJECT COSTS AND BALLOT QUESTION/ SWIMMING POOL AND INDOOR ARENA A. Determine Estimated Final Project Cost and Ballot Question for May 19, 1992,Bond Referendum (Swimming Pool/Indoor Arena)--The two remaining actions that require City Council direction for the swimming pool/indoor arena project is determination of a final project cost and adoption of a ballot question to be used for the May 19, 1992 Bond Referendum. City Council direction has been given to reduce the overall project costs for the outdoor swimming pool/indoor arena project, a direction the City staff is fulfilling. It appears that the total project cost, as revised is approximately $5.9 million, less the City's allocation of $1,350,000, for a total referendum amount of$4.6 million. Prior to reductions in the project cost, the referendum would have been approximately $4.8 - $5.1 million. The project cost reductions are specifically for the arena and architectural fees. Both reductions are realistic. • The City Administrator and Director of Parks and Recreation, having discussed the project costs with the architects, will be distributing a memo with the Administrative Packet that is delivered on Tuesday, April 7th that will further explain the proposed cost. The Director of Finance/City Clerk has prepared the ballot question with the review and assistance of both the City Attorney's office and Bond Counsel. For a copy of a memo and ballot question refer to page /60. The official resolution setting the election date, the purpose of the election and approving the question will be distributed with the Administrative Packet. ACTION TO BE CONSIDERED ON THIS ITEM: To adopt the resolution, 1) setting the election date, purpose of the election and approving the ballot question, and 2) to approve a final project cost with or without modification for the outdoor swimming pool/indoor arena project. MEMO TO: CITY ADMINISTRATOR HEDGES • FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: APRIL 3, 1992 SUBJECT: BOND REFERENDUM QUESTION The referendum question is currently in the following form after incorporating input from a number of sources: QUESTION Yes Shall the City Council of the City of Eagan be authorized No to issue its general obligation bonds in an amount not to exceed $4,600,000, the proceeds of which shall be used together with other City funds, for the purpose of site preparation, construction, furnishing and equipping an outdoor swimming pool and indoor arena? "BY VOTING YES ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE." The $4,600,000 is based on your direction and results from the cost reviews and other • information you have been presented. This dollar amount, of course, is subject to change by the City Council upon their review and discussion of all related factors. It should also be noted that the question is in a "not to exceed" format. Actual bond issuance could be equal to or less than $4,600,000, however, it could not be more. it is important that the final question format,including the amount,be approved at the April 9, 1992, City Council meeting. We are required to have absentee ballots available 30 days before the election date and some lead time is required to get the ballots printed. Absentee ballots as well as printing is somewhat more complicated that usual because of the referendum being combined with the school bond elections. I am in the process of preparing a resolution which will set the election date and purpose and approve the question format. I will have that proposed resolution reviewed by Steve Rosholt as bond counsel. Please let me know if you would like any additional information. 4' / Fina•`s a Director/City Clerk cc: Director of Parks & Recreation Vraa /Do • - OUTDOOR SWIMMING POOL/INDOOR ARENA PROJECT COST Preliminary Cost Possible Proposed Estimates Reductions Budget Arena $2,920,000 ($420,000) $2,00,000 %: Pool 2,000,000 -- 2,000,000 ��G° e ► ' Bathhouse 415,000 -- 415,000, ` 1'; Contingency 266,000(5%) (21,000) 245',000(5%) -e r Subtotal $5,601,000 ($441,000) $5,160,000 r Architect's Fee 448,000 8% $108,000 340,000 6.6% ,4 Equipment Allowance 175,000 -- 175,000 1 r Issuance Fees/Discount 100,000 -- 6 100,000 _ Construction Mgmt 175,000 -- h• 175,0•Qr A. Total Project Costs $6,499,000 ($549,000) $5,950,000 • Less Community Investment/Single Family Housing Proceeds (1,350,000) (1,350,000) Bond Referendum r Amount $5,149,000 $4,600,000 t - oil =3•.tv1%&='v A. /) 75/1— , . `v • C QUESTION 1111 YES SHALL THE CITY COUNCIL OF THE CITY OF EAGAN BE NO AUTHORIZED TO ISSUE ITS GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $4,600,000, THE PROCEEDS OF WHICH SHALL BE USED TOGETHER WITH OTHER CITY FUNDS, FOR THE PURPOSE OF SITE PREPARATION, CONSTRUCTION, FURNISHING AND EQUIPPING AN OUTDOOR SWIMMING POOL AND INDOOR ARENA? BY VOTING YES ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. The maximum amount of the increased levy resulting from the bonds as a percentage of market value will depend upon the term of the bonds and the interest rate resulting from the sale. If the bonds are structured to provide approximately level debt service for 20 years and bear interest at 6.6% per annum, the maximum levy as a percentage of market value would be .02% and the amount raised in the first year would be approximately $450,000. CITY OF EAGAN CITY COUNCIL • By: Its Mayor Attest: Its Clerk Motion Made By: Seconded By: Those In Favor: Those Opposed: CER'T'IFICATION I,E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1992. E. J. VanOverbeke, City Clerk City of Eagan • (d� Agenda Information Memo • April 9, 1992 City Council Meeting PRELIMINARY PLAT EXTENSION/HELLER ADDITION B. Request for Extension of Preliminary Plat, Heller Addition, Located Along the North Side of Skyline Road in the Southeast Quarter of Section 4-Enclosed on pages% through is a memorandum from the Community Development Department covering the previous City Council minutes and staff report with respect to this proposed sub-division. As is outlined in the memo,the original plat expired in the course of the assessment dispute associated with the Skyline Road improvements. With the resolution of that issue, the applicants wish to move forward with the previously approved plat and request an extension for that purpose. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a one year extension of the preliminary plat for the Heller Addition located along the north side of Skyline Road as presented. • • /# 7/ MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: MARCH 31, 1992 RE: HELLER ADDITION • On October 16, 1990, the City approved the Heller Addition consisting of four single family lots on approximately 2.6 R-1 zoned acres along the north side of Skyline Drive. In October 1991, the applicant requested a one-year extension due to a discrepancy with the lot corner posts of the proposed plat and those of the Dakota County Surveyor's Office. The Council took no action on the extension based on an assessment issue, specifically the applicant's refusal to waive the rights to object to Skyline Road improvements. As a result, the Preliminary Plat expired. In March the City approved a settlement,thus ending their lawsuit with the City. • Since no changes to the plat are proposed, the applicants are asking the City to extend the previous proposal rather than commencing the platting process once again. This item has been reviewed by all departments and no changes to the original conditions are requested other than removing Condition #8 regarding the assessment issue. Attached are copies of the October 15, 1991 City Council minutes, October 16, 1990 minutes, staff report, updated 1992 financial obligations, and correspondence from the Hellers. If you would like additional information, please advise. • V City Planner JS/js attach. • X02 9/EAGAN CITY COUNCIL MINUTES 114-qo • Pag e 9/ OCTOBER 15, 1991 APRNARY PLAT EXTENSION/ . HELLER ADDITION Mayor Egan introduced this item regarding an extension of the preliminary plat for Heller Addition through October 16, 1992. Community Development Director Runkle commented that the only issue . was whether the developer will agree to waive his right to object to the assessments associated with this project. Phillip Helier stated that he did object to waiving this right and felt that this request was extremely unfair. City Attorney Sheldon stated that if the preliminary plat was extended it could possibly hurt the City's case in the pending litigation against Mr. Heller. Mayor Egan called for a motion and no motion was made. PRELIMINARY PLAT EXTENSION SS MARTHA AND MARY ADDITION Mayor Egan introduced this item regarding the preliminary plat extension for SS Martha and Mary Addition through December 20, 1992. City Administrator Hedges requested that this item be continued until the November 7, 1991, regular City Council meeting to review water drainage issues. Pawlenty moved, McCrea seconded, a motion to continue until the November 7, 1991, regular City Council meeting. Aye: 5 Nay: 0 PRELIMINARY PLAT/WESCOTT SQUARE 2ND ADDITION Mayor Egan introduced this item regarding a preliminary plat for Wescott Square 2nd Addition. Community Development Director Runkle mentioned that the road configuration is the same, however, lot lines have changed and subsequently there is a reduction of two lots. A representative of the applicant stated he was available for questions. Gustafson moved, Wachter seconded, a motion to approve a preliminary plat for Wescott Square 2nd Addition. Aye: 5 Nay: 0 / O .3 PRELIMINARY PLAT/HEL1ER ADDmON After introduction by Mayor Egan, City Administrator Hedges said the hem for consideration was a preliminary plat for the Heller Addition, consisting of four lots on approximately 2.6 acres of R4 • property, and the APC had recommended approval. Mr. Hedges then pointed out two issues regarding aircraft noise guidelines that were being recommended as conditions of approval. II/ Director of Community Development Runkle then provided information on the proposed plat and its location. Mr. Runkle said it was the recommendation of the staff that since the Hellers are now in the 0 process of platting the property and taking advantage of the utilities and streets as installed by the City,that a condition of preliminary plat for Heller Addition require that the Hellers waive any right to object to the assessments associated with City Project *543. 3 Mr. Rick Sather, an engineering consultant representing the Hellers, said they had just become ... aware that there was another area that needed to be addressed. He said they did not fully understand the situation and be was interested in knowing bow the aircraft noise standard was applied and bow broad it a was. He asked if the ordinance was City wide or just applied to developments that are identified to have a problem. City Administrator Hedges said that the Metropolitan Council had developered the airport noise compatibility standard which the City was attempting to follow in these additions. Mr. Hedges said these conditions are being proposed for the protection and well being of future residents. Mr. Sather said that everybody should be protected against noise and if something must be done to insure this protection, that would be fair. However,be wanted to know if they would be at a competitive disadvantage with their lots versus other lots in the area. Mr. Hedges said Mr. Sather was referring to the Prettyman subdivision. Mr. Hedges said that noise related conditions were not made a part of the Prettyman platting process. Mr. Hedges suggested that they be put on notice that they make every effort to comply voluntarily. Jon Hohenstein, Assistant to the City Administrator, said that a guidebook is available from the Metropolitan Council as to the compatibility standards. He said the standards are not onerous and are more 'detail' items, such as, 2' X 6' wails, caps on chimneys, elbows on vents, etc. Councilmember Wachter said that these same standards could be interpreted as energy conservation measures. Mayor Egan then asked Mr. Sather if it would be beneficial to the Hellers to continue the item. '40 Mr. Sather said he thought the Hellers would like to move forward. He then asked if at the time of the building permit, other lots could be required to meet the standards. Mr. Hedges said that these requirements have only been made a requirement of platting. Wachter moved, Pawlenty seconded, a motion to approve the preliminary plat for Helier Addition, consisting of a four lot subdivision of approximately 2.6 acres of R-1 with the following conditions: 1. These standards conditions of plat approval as adopted by Council action on July 10, 1990,shall be complied with: Al, B1, 82, B3, C2, El, Fl, G1 and H1. 2. The development is subject to a cash dedication fee in accordance with the City's Comprehensive Water Quality Management Plan. 3. Ali existing wells and septic systems on the site shall be plugged and abandoned according to the Department of Health and City requirements. 4. All lots will be required to connect with City sewer and water. 5. The driveway for Lot 2 shall be reconstructed to shift the driveway so h is completely on Lot 2. 6. The builder shall insure that new residential dwellings located within it be designed and constructed to achieve an interior sound level of 45 dBA. 7. The developer shall insure that he/she shall inform prospective buyers that the subject property is within an aircraft noise impact area and that the buyer should judge the nature and extent of the impact personally. 8. The developer shall waive any right to object to the assessments associated with City Project *543. /Or _ t kT...,. n • SUBJECT: PRELIMINARY PLAT APPLICANT: PHILLI & VALERIE HELD LOCATION: NE CORNER OF SKYLINE DRIVE & SKYLINE ROAD (LOT 12, Z REFFLE ACRES) E XISTING ZONING: R-1 (SINGLE FAMILY RESIDENTIAL) DATE OF PUBLIC BEARING: SEPTEMBER 25, 1990 DATE OF REPORT: SEPTEMBER 19, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requested a Preliminary Plat consisting of a four lot subdivision of approximately 2.6 acres. The site is located 40 north and east from the Prettyman Heights Addition. part of the Treffle Acres Addition. The BACKGROUND: This 2.6 acre parcel is p zoning, as P consistent with proposed Single Family Residential development D 1 Single e FamOy the �� a density of 0- well as the Land Use Guide Plan which calls for 3 units per acre. EXISTING CONDITIONS: The site in question currently has only the house of the applicant's located in the southwest portion of the site which �topography and a few of the PP subdivision. The rest of the site is in a natural state with scattered throughout. • The site is served by both Skyline Road on the south and Skyline Drive ue SITE PLAN: ft. to 34,200 sq. ft. The average the west. The lots vary in size from 22,800 sq. is 28, q 848 sq. ft. and the minimum lot width and frontage is 90 ft. The density of the project is 1.5 lots per acre. i • /as" • Sufficient drainage and utility Skyline SEME S s all GET-01P-WP. be-dedicated the proposed lot lines. lent the proposed develop ' e • asements shthe west nds u h along side hich is adequate for the 32 Road along _ _ currently has 60' of right-of-way way wide street. that all shall be 'responsible - for ms ton final plat This development gency permits are acquired prior regulatory • approval. FINANCIAL OBLIGATION - HELLER ADDITI ON past and the uses computed s are proposed. The charges are compCi 's c upon the study of the financial obligations collected in the Based p the following charges to be made to th to proposed for the property, using the City's existing fee schedule and connections proposed S system based on the submitted plans. utility sys Use Rau Quantity amount Improvement Project $2p70 San. Sewer Trunk 10 S.F. . 5690/Lot 3 Lots • 14 S.F. 5695/Lot 3 Low 54,155 Water Trunk TOTAL 543, Sibley has a pending assessment of S37,868 ated to Project NOTE: This and Skyline Road, street and utility improvements. Hills Drive and Sky • _ 40 /06 STANDARD CONDITIONS OP PLAT APPROVAL •A. 711111.94-11-1- Oblication2 This development shall accept its ddi iosalrfinancial l �obligations as defined in t accordance with the final plat dimensions and the rates in effect at the time of final pat �•as me„� and R+ahts-of-WaO $• 10' e and utility shall dedicate 1. This a development is eted over all common lot lines and adjacent easements center to private property or public right-of-way. This development shall dedicate, provide, or financially 2. required drainage, guarantee the acquisition costs of additional drainage,the and utility easements as requ required alignment, a capacity of all requ alignment, depth, and storage public utilities and streets located beyond the public boundaries of this plat or outside of dedicated right-of-way as necessary to service this development or accommodate it. • This development shall dedicate all public right-of-way 3 • slope easements for ultimat development and temporary s as required by •� of adjacent roadways jurisdictional agency. ate drainage and 4 . This development shall dedicate adequate high water easements to incorporate the required a volume elevation City storm water storag elevation necessitated by Y requirements. C. glans and so c;fications provide 1. All public streets and utilities necessary to oep by e a registered to this development oal gineerhinlaccordanc designed with City registered professio guidelines and policies. codes, engineering standards, 2 . A detailed grading, drainage, erosion, and sediment accordance control plan must be prepared final pl t approval�i� current City standards prior t o shall insure that all temporary dead end 3• publ c development strets shall have a cl de-s ards.n toed in accordance with City engineering : • /0 7 { i , kt 20 •+ .',4% 1//Los, SavR i .., `„ v° NW / •,E V NW CpyNfRf ^G _ ...._. i CL,e t S � CMNTV% CU . t _ i s• : - �' I< CDu / 1 ,,,,,,,viii. ry 1,.,, a_ 9W r K,�IML RL I .t'1 L„, 0 couTet dN , '. ........„,,., w ..t"' 1 to p Me It 1 I V . 6' 41116. ii`'• j' � W R[D =DAR rtD ',,t• t° -��4 :rn / OAKS • A __,,fi�r -le"- .-77,--.:.:''.i.i■e.--- 11$1 .111111111111.1111111111111111111.1111.11: -..- to-- -.--- ......-'--"...."'.:: ,7•31i"W-7-2-1 -:IiIIP' ,.....,,,,,. ...„. . r r \ =11,-...: 411/ _ Er_ •eat) 014 Gr _ 7( r 1t -Au ti &COLS 1\ 't,6111 K. 1—.1 • t I ! Al LLMwB[F iik ,..I mss!wcr, , _=='= ' • »* •` _ i _ -16 ■••••".**'.. ,,� _-� -.—tie... -=j-5---; • i ' twit/412mi - 1 :1-711\ • ;, ti� rp A' 1 • 6 i4IDC - mo --- E • _ r• -/ I t v + ,—..-4 t . $ ///. ;. a•. , 1 1 • .1.-... --- *-- 9 • ;o{V art.+ t = ( R&D , /' g ..... , I/ ..,;•.,,i . • • . • . MO 10 I I . s!Ii . .. II!!! !ki,I . . • . ;•IP • i1,11 •.. 410 . Its!' ,-.•:,:i FINANCIAL OBLIGATION ,;.t. i.;,,I1 • . • 1 1 Iiii su• Itil : I. los 1 .. 1 Ili 1 t a 1 1 I it 1 '. Lz_i_ ' P,- ik•-------.. ! I ____... , • . . " / • -------------- ---------7,, T_..7...,_•• it -----. ! .'-:- I .---.■- t I eall, 11 I I 7 1 \. . • Nti PA".' 4C-%fig"! .4'-'''''' . . I I ' 1 il I: 1\Fear . 4.:1.'''''' - '.• ''....Jr".• 1 .F':e.:.••--- ..• • .... I ....-... •- - i i 1/ /4,.,-.,! •r■oz, 1,7s:: .:..::.77,...,- ,..:,-; .-: I:e• 11•1•11•1=j... ______ t T. •2 • I •.• •4..1120. - . • " Ti. .,-.-T.•:.:••:•:::;.:•;:•::•.T.77--!:1.1...A....).•,,s,_____ ,II . . 1 ic:. a : tE I 1•;-•.' -• .1 I 1 1 i: 7: ' I lis'''=;-'"..•....-:.*.:44':‘..e..7''' et; /."8. . :I • I 1 '': :114;g4.:*:.::*::*.:P::.,:::.:.::::.i'.51 -<-. ' II ; 1 v - I 1 i; I 1 • ...: 41.1:.::.:'IMO:4.::::::::*2:.:(.-:-'-- ; 11 ...1.',......':.....•:. .:.::: :.::::::.:.:.:':::?...1.:'.: 1 it, .. ... 1) r • I !. • i 1 8 7, - . i 2 i I i .. ... ,.., ,.., r„.•• _ ■••••, • ; I / II. \• . \\‘ 1 I .' ' • il . I " ,. ‘ s‘ . , . -,—,---t-----7--• : ti • f 7 • %,_ •0 \ \ ,7•••■■•• •• i . • . .. ,,. \ 1 .••• 1 i • / s % • \' . I \ • 7 •••\'k, \ \ . PA ! .....■■••••• • ...... -- ... •\ Pi!. P. . • W i 1 1 1 I i . . .................. '..............7 SANITARY SEWER TRUNK 3 LOTS WATER TRUNK • .--0-wm."---- 71 n i • (--) I n 1 . ..c. c • c , 1 /C. 9 . • • . . • ■ . 2. IC I . IP NI 1C.2)6:210 I.• AN \ 11 2. ' 1.IL!\.:2,\■ HELLER ADDITION ITION I' .,.,..... I . C "..\ SATHRE•111ERGOUIST. INC. • Ft'.:i.1,11!•: ppm g VALERIE MELLEFt . I I 1:I! -----1•••/3.•• . • • FINANCIAL OBLIGATION - Heller Addition (Plat Extension) • 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 Sanitary Sewer Trunk S.F. $720/Lot 3 Lots $2,160 Water Trunk S.F. $750/Lot 3 Lots 2.250 Total $4,410 • • /70 • . I ' . IUU . 1 full • .• Nil • .. t 0 t'i hal } i. FINANCIAL OBLIGATION -- t11� II•: . • i•hi lit! • 1:•• , `Ii'' • I I hUH C 'i 1 II '1 i . • ��.Jtjj1: ' • I I . •■■•■• , .....•■•■•••, i 9 It, . 1 ) . :--.7,....-.- A 1. ,...4"---• II 1 // o ,4.+::1-..5: •• _ - , g I! I i 1 • • �,▪ ✓'iZ::?. %: d= - I 1 i mi...-- -- -- ••••.ar-— . I II • • I i II f :, .• ` i• I! t!-i `. 1b 1 • SANITARY SEWER TRUNK 3 1073 WATER TRUNK . • • P 0 - c Ii • , • I PUI IYIw&t1 •1j1 $111•/An I t •I;,l-6•1. a �MELIER ADDITION t>1TM11E•itEllGCUt$T. INC. ill!. I .I;.11:1..• •.h..».►-t- t l:.w r H•.•..w..w /ME. •VALE111E MIELLOI i 1 I• •Nr mow•. • Phil k Valerie Heller 1475 Skyline Road Eagan, Minnesota 55121 III - -_ (612) 456-0753 __ March 26, 1991 Honorable Mayor and Council City of Fagan $930 Pilot Knob h Eagan. MN 55122 RE: Reinstatement of Preliminary Plat of Helier Addition Dear Mayor and Council: The purpose of this letter is to seek your approval of the reinstatement of the Preliminary Plat and extension of the deadline for filing the Final Plat for Heller Addition. The Preliminary Plat for Heller Addition n was originally approved by the Council on October 16, 1990. On October 15, 1 991, we alt p Bred before the Council and requested an extension of time within which to file our Final Piet. Alter a discussion, the Council decided to take no action and allow the Prelirniru ry Plat t' tat)s under its own terms because we refused to waive our right to object - to the amount of assessments levied against the property for sewer. water, and streets. Prior to that Council meeting we had met with representatives of the City and agreed on all other terms and conditions of the Preliminary Plat, were in the process of having our Final Plat drawn, and ■ ar,a r rap aring to enter into negotiations of the Development Agreement. On March 17, 1997, the Council approved the settlement of the aforementioned assessments III and dismissal of our lawsuit objecting to the amount of assessments levied thereby eliminating the sole term in contention which was used as the basis to take no action on the Prelimir,aiy Hat on October 15. 1991. On March 24, 1992, we met with Dale Runkle and members of his staff and determined that since we intended to make no changes in the Preliminary Plat approved by the City Council on October 16, 1990, that they could see no reason to object to the reinstatement of the Plat and informed us that the Council was the only body that could approve its reinstatement. . We therefore respectfully request that in the interest of fairness that the Counoil approve the rein staters ens of the Preliminary Plat and extend for a reasonable period of time the deadline for filing our Final Plat The reinstatement of the Plat and extension of time to fiie Final Plat will in no way prejudice anyone's rights as all notices have been previously sent, no objections filed, and all engineering studies completed. No rules and regulations regarding the subdivision of real estate in the City of Eagan have changed since the Preliminary Plat • was originally approved. It would place a financial hardship on us were we required to commence this procedure all over again. We stand ready to file with the City all fees required f r the Final Plat and intend to move as expeditiously as possible to complete this procedure. Re ectfully submitted. _____-:).....L . • . . . • PTirtlip and elem.., Heller • /cL RECEIVE.7 mAr, 41 7 1Sg2 Agenda Information Memo April 9, 1992 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT/ MEGHANS ADDITION C. Comprehensive Guide Plan Amendment, Meghans Addition/Pulsar Inc., from NB (Neighborhood Business) to D-III (Mixed Residential), a Rezoning of Approximately 11 Acres from NB (Neighborhood Business)to R-4 (Multiple)and Preliminary Plat Consisting of 13 Lots and 104 Units Located Along the South Side of Diffley Road and the East Side of Nichols Road in the Northeast Quarter of Section 30—This item was previously before the City Council at its regular meeting of March 17, 1992. At that time, the item was continued to Thursday's meeting and a neighborhood meeting was scheduled to review the project and any changes the developer might propose. The item originally came before the Advisory Planning Commission at its meeting of February 25, 1992. For background on this item, please refer to the Community Development Department staff report which is enclosed on pages //4 through 431)for your review. Also enclosed on pages /3/,through/_33 are the APC minutes with respect to this item. The APC is recommending approval of the comprehensive guide plant% amendment but denial of the rezoning and preliminary plat applications. Following the • meeting, the applicant submitted a revised plan reducing the project by 16 units to a total of 88. For information with respect to that item and the addition of one condition and the revision of another,please refer to the Community Development Department supplemental report enclosed on pages /3I through I%for your review. Also enclosed on pages ? through/.%is a copy of the City Council minutes relative to this item from March 17 and finally, enclosed on page /3? is a memorandum from Community Development Director Runkle with respect to the results of the April 1, 1992 neighborhood meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a comprehensive guide plan amendment for Meghans Addition/Pulsar Inc. from NB (Neighborhood Business) to D-III (Mixed Residential), 2) a rezoning of approximately 11 acres from NB (Neighborhood Business) to R-4 (Multiple) and 3) a preliminary plat consisting of 11 lots and 88 units located along the south side of Diffley Road and the east side of Nichols Road in the northeast quarter of Section 30 as presented. • 113 SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, & PRELIMINARY PLAT •' (MEGHANS ADDITION) • APPLICANT: PULSAR INC. LOCATION: PART OF LOT 19, BLOCK 8, CEDAR GROVE 2ND NE QUARTER OF SECTION 30 EXISTING ZONING: NB (NEIGHBORHOOD BUSINESS) DATE OF PUBLIC HEARING: FEBRUARY 25, 1992 DATE OF REPORT: FEBRUARY 18, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment from Neighborhood Business to D-III (Mixed Residential, 6-12 units/acre), a Rezoning from Neighborhood Business to R-4 (Multiple Family), and a Preliminary Plat consisting of 13 townhouse lots on 10.6 acres. The site is located at the SE intersection of Diffley Road (County Road 30) and Nicols Road. • EXISTING CONDITIONS: The topography of this low-lying site is relatively flat with site vegetation consisting of mainly scrub grass and young secondary tree growth. COMMENTS: The applicant is proposing to rezone the site from Commercial to high density residential with a 104-unit townhouse development consisting of 13 lots on 9.19 acres and 1.4 acres to he a dedicated drainage and utility easement for ponding. Calculating density with a 10% credit for the ponding area results in a net site density of 11.14 units per acres. The R-4 zoning district allows a density of 12+ units per acre. The City Code also allows a maximum building coverage of 20%;this proposal has a coverage of 17%. The site will be bisected by a private street that has access to both Nicols and Diffley Roads. However, after preliminary review, Dakota County has recommended against the Diffley Road access. There will also he private drives to serve each building. As proposed, all buildings meet Code setback requirements from lot lines, however buildings one and twelve do not meet the 25' minimum setback required from a private street. The remaining buildings meet required private street setbacks. • • Mary Anderson Homes will build the entire project. The site will be built north to south. . 4, The units will be owner-occupied and one homeowners' association and homeowners' agreement will cover all units. The builder anticipates a mix of one and two bedroom units ranging in price from $60,000-$68,000. Typically,with these projects,65%of the owners will be single, with 35% being young married couples, with a total population around 150 persons. This project will be very similar to the Diffley Commons Addition by Rottlund Companies except the density of the Rottlund project is 7.4 units/acre compared to 11.14 units/acre. All buildings will have maintenance free vinyl siding and each unit will have 1-1/2 baths, appliances, washer and dryer, and possibly a gas fireplace. Interior units will have a single car garage and end units will have the option of a two-car garage; the site does not provide any guest parking areas. Also, landscaped and green areas will be irrigated. The original landscape plan submitted was very similar to that of the Diffley Commons Addition providing a mixture of plant material for year-round color. PARKS & RECREATION: The City Code requires the following site design and development requirements for multiple dwelling sites in Section 11.10, Subdivision 24B.12 "Each multiple dwelling complex shall have a minimum recreation area equal to 200 sq. ft. for each dwelling unit containing two or less bedrooms and said recreation areas shall be a minimum of 100' from any ponding area". This site's recreation area for 104 units requires .47 acres of open space or roughly a 144' x 144' area. • • 1/Lc • GRADING/DRAINAGE/EROSION CONTROLt The area where this development will occur has elevations that are generally lower than on the adjoining roads. The area was graded previously when the Cedar Grove developments were constructed and the material from this site was used for fill to construct the roads in the Cedar Grove area. The low Nicols Road adjacent to this site is at elevation 876 and the majority of this site is point of J ty p J at elevation 870 or 872. The preliminary grading plan shows cuts of 10 feet in the area where the pond will be created along the northwest corner of the site and fills of 4 feet along the southwest section of the site. The drainage from the majority of this site will be directed to the newly created pond which will be used for a water treatment and a storm water quantity reduction facility. The pond storage volume of the pond shall be increased from 1.1 acre/feet to 1.6 acre/feet to allow for a maximum discharge rate of 2 cfs during a 100 year rainfall event. The outlet for this pond shall connect to the existing storm sewer in Diffley Road which drains to an existing 42" storm sewer in Diamond Drive. The storm sewer in Diamond Drive eventually drains to Pond AP-39 which is a pond on the City's Comprehensive Stormwater Management Plan. The preliminary grading plan also shows approximately a 2 acre section of this development in the northeast corner of the site that will drain directly to an existing 12" storm sewer in Diffley Road. Because of a limited capacity in the existing 12" storm sewer,the drainage plan shall be revised to show that the 2 acre area connects to an existing 18" storm sewer stub on Diffley Road. The drainage from the existing residential lots that abut this development to the east and south is shown to drain across this site to the proposed storm sewer system. The drainage • swales that are to be constructed along the east property line shall be a minimum of 1.5% slope to prevent standing water problems. An additional catch basin shall be added in this drainage swale on the east property line to improve the drainage in this 600 foot long swale. Also, the proposed driveways shall be drained by adding a catch basin and constructing storm sewer to the pond or to the existing storm sewer system. Overland drainage from these private driveways to the pond will not be allowed. Furthermore, additional catch basins shall be added along Meghan Lane to collect the runoff from this development so that the flow does not exceed 4 cfs along the curb and gutter during a 5-year rainfall event. Special care shall be taken by this development to save the existing trees along the east and south property lines of this development. The trees will provide screening and buffers to this single-family residential development. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. WATER QUALITYt This proposed multi-family residential development lies in the lower reach of Drainage Basin A. Approximately 8.6 acres of the site will discharge to a new pond that will be created on this site. The remaining 2 acres of the site will discharge stormwater to the northeast to the existing storm sewer system in.Diffley Road which eventually drains to Pond AP-39. Pond AP-39 is classified as a sedimentation basin in the City's Water Quality Management Plan and the pond is located in between the railroad tracks and the Minnesota River along Nicols Road. //8 • • Water quality treatment requirements will be met through a combination of on-site ponding and cash dedication. Stormwater runoff from the 8.6 acre portion of the site that discharges to the on-site pond will be treated according to NURP design standards by providing a minimum wet volume of 0.81 acre-feet,minimum surface area of 0.31 acres,and a minimum average depth of 2.6 feet. The pond also should be designed to have a maximum depth of ip4.5 feet below the NWL to discourage weed growth from the middle of the pond-- UTILITIES: Sanitary sewer of sufficient size, capacity and depth is readily available to this development along the south side of Diffley Road. The preliminary utility plan shows connecting to the existing 8" sanitary sewer in Diffley Road to serve this site. Water main of sufficient size, pressure and capacity is available to serve this development from an existing 6"water main on the south side of Diffley Road and an existing 16"water main on the west side of Nicols Road. The preliminary utility plan shows connecting to both of these existing water mains and looping a 6" line through the site. The connection of the existing 16" water main on Nicols Road will require the removal and replacement of Nicols Road. The preliminary utility plan shows one 4" water line and one 6" sanitary sewer line being provided to each building. Each water service shall have a gate valve installed on the water line to allow the City to shut off the service. Since the elevations of this site are lower than Diffley Road or Nicols Road, the sanitary sewer to serve this site will be fairly shallow. At the low point on Meghan Lane, the proposed sanitary sewer will be approximately 5 feet deep in the street. The developer shall insulate the sanitary sewer lines and services that do not have at least 4 feet of cover over the top of the pipe. STREETS/ACCESS/CIRCULATION:, Access to this development. is proposed to be provided from Nicols Road and Diffley Road if Dakota County Highway Department will • allow the connection of Meghan Lane to Diffley Road. On Diffley Road, the centerline of Meghan Lane shall match the centerline of the driveway to the school to the north. City staff recommends that a concrete valley gutter shall be constructed across Nicols Road at the intersection of Meghan Lane. As shown on the preliminary site plan, Meghan Lane and the driveways connecting to it will be privately maintained. City staff recommends that Meghan Lane be constructed to normal City standards with 8612 or B618 concrete curb and gutter. Also the island that is shown on Meghan Lane at the Diffley Road intersection shall be designed to meet the width requirements of the City's Standard Detail Plate No. 600. The preliminary site plan shows that the private streets off of Meghan Lane to serve the proposed buildings will be constructed with concrete curb and gutter and to a width of 24' face-to-face. City staff recommends that B612 concrete curb and gutter be used on these private streets and then at the driveways to the buildings, a drop curb be utilized. RIGHT-OF-WAY/EASEMENTS/PERMITS: This development shall dedicate all easements necessary for the sanitary sewer, water main and storm sewer systems of sufficient width as required by alignment and depth. The proposed pond shall have an easement dedicated over it up to the 100 year high water level of the pond. This development shall be responsible that all regulatory agency permits (MPCA, MWCC, Department of Health, Dakota County, etc.) are acquired prior to final plat approval. • 1/ 7 . • FINANCIAL OBLIGATION - Meghan's Addition Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Lateral Benefit M.F. $25.25/ff 712.1 ff $17,981 Water Lateral Benefit M.F. 1955/ff 712.1 ff 13,922 Storm Sewer • Storm Sewer M.F. .087/sf 400,416 sf 34.836 Trunk Total S6 There are levied assessments totaling $44,338 attached to these parcels. • • • /781 CONDITIONS FOR MEGHANS ADDITIONS 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B4, Cl, C2, C4, El, Fl, G1, & H1 - • . 2. A copy of the homeowners' association covenants shall be submitted to the City Attorney prior to Final Plat and recorded with the plat at Dakota County. 3. All landscaped and green areas shall have underground irrigation. . 4. A Variance to the private street setback for Buildings one and twelve shall be approved per the site plan drawing dated 2/7/92. 5. The applicant shall resolve the Diffley Road access situation with Dakota County prior to Final Plat approval. 6. The original landscape plan prepared by Griswold Associates dated 1/15/92 shall be submitted on an approved grading plan with the Final Plat submission. 7. The storm water drainage from the majority of this site shall be directed to the proposed pond. • 8. The pond storage volume of the proposed pond shall be 1.6 acre feet and the maximum discharge rate shall be 2 cfs. 9. The slope of the drainage swales on this site shall be at least 1.5%. 10. The drainage plan shall be revised to include additional catch basins on Meghan Lane to collect the runoff so the flow does not exceed 4 cfs along the curb and gutter. 11. The existing trees along the east and south property lines shall be saved and protected to provide a buffer to the adjacent existing single-family residential lots. 12. To meet water quality treatment requirements, the proposed pond shall provide at least 0.81 acre feet of wet storage volume and a minimum surface area of 0.31 acres. • • 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. ;asements and Rights-of-Way 1. Thi s 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. 410 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. /02° STANDARD CONDITIONS OF PLAT APPROVAL • PAGE TWO 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. public _Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency.. • F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. eater Oualitv Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of pending requirements in accordance with the criteria identified in the City's Water Quality Management Plan. E. Other 1 . All standard platting and zoning conditions shall be • adhered to unless specifically granted a variance by Council action. 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' 'HI ti! i711. 11 . . 1 7'! 1 . JPI ., ! !, , , 1 1 : if 1 ,, 11 qi 1 I ,• i 7 .1k ,, t•ii • 0 , ) i, .., .144,1, p410,4 c , ;'i .00-= U t ... . 111 1 ! i; it : : ! I. : i , .11 sea. • "!! il . if • \ • , 0 . 11 • 14' r i ftlINN• I 88r,5 • •:I • L ' -.- : , ' ; .. • - , • 1 : i 'A I leBilli; . :4 pi -I:7T; :...... •,•..... . 1 , A. 1 • ./. li"IrgE\\ i b‘c- All 'I :7'. .. .'••• \ \\.■ s* ...la . . - .0f . I.) : .' ... 1.:''‘..*,N. t•‘■ • :./i i;'., - La , "1 „ 1 .1 . r 1 . .iii. . . ... . .:, . , .. .• if i .... ,-7 - ..• ...• I I 1 7 ft ii,,, •,-. f , .i li I "II'. Ai4 IA.. .:-S i IL.1 . ; .. ' .1! L.:1. ,, - .... .. FIGURE No. 17 . STORM SEWER MAP • . •. . • • . . CITY OF . . • • - . . • EAGAN _ . .. . .. . ... . .. .. . . . ._... MINUTES ADVISORY PLANNING COMMISSION PAGE 1 of 3 FEBRUARY 25, 1992 MANS ADDITION • 411 PULSAR, INC. Chairman Graves opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment from NB (Neighborhood Business) to D-III (Mixed Residential) , a Rezoning of approximately 11 acres from Neighborhood Business to R-4 -(Multiple Family) , and a Preliminary Plat consisting of 13 lots and 104 units located along the south side of Diffley Road and the east side of Nicole Road in the NE 1(4 of Section 30. City Planner Sturm stated that this development would be constructed in a north to south fashion and the builder would be Marvin Anderson Homes. Mr. Sturm stated that a neighborhood meeting was held and several concerns were raised including: density, traffic, handicap facilities, etc. Chairman Graves requested that the Advisory Planning Commission deal with the land use issue first. Dave Stelzer, a representative of the applicant, reviewed the history of this site and felt that Neighborhood Business does not fit this piece of land anymore. He stated that R-4 would be a better use of the land. The gross density is approximately 9. Mr. Stelmer felt that traffic will not be much of a problem. The figures show that approximately 6 - 8 trips will be made per day per unit. Gary Grant, a representative of Marvin Anderson Homes, stated 1, that the townhomes would be constructed of materials that are as maintenance free as possible. Bob Porter, 4265 Diamond Drive, stated that the Diamond Drive and Diffley Road intersection is already too heavily travelled. He feels it can not handle any more traffic. He would like to see single-family homes on that site, but this proposal is too high in density. Donald Dramdrive, 4221 Diamond Drive, felt that there is already too much multi-family housing in Sagan. Ros Jerette, 4223 Diamond Drive, recommended that a devaluation impact study be done before the development is built. She fears the value of her home will decrease. She also raised her concerns regarding the impact on the environment, wildlife and traffic. Tom Michaels, 4255 Diamond Drive, mentioned that the DNR told him that Eagan is losing its prairie land very rapidly. He sees increased . traffic as a major concern. Olen McCaulin also raised the issue of increased traffic and he felt property values would decrease because of this development. Todd Togerson was concerned about the safety of the children in the area when they try to cross Diffley Road to get to the play area. Barb Michaels, 4255 Diamond Drive, felt that this development ilodoes not fit into the existing area. She does not see any blending or buffer between the proposed development and the existing single-family homes. She also sees problems with an increase of pollution in the area, drainage will not be to the ourrent residents benefit, and no handicapped facilities are proposed for this development. /3/ PAGE 2 of 3' • Member Hunter stated that R4 is not appropriate at this site._He felt increased traffic would be a major. problem. He stated he was against the comprehensive guide plan change. 411 Member Merkley also was concerned with a high density development next to a single-family home area. Member Griggs also cited increased traffic and high density as problems. He saw no compatibility with the existing area. Mr. Griggs also felt that having no guest parking could be a potential problem. Mr. Steiner stated that this proposal would be better than a shopping center. Hunter moved, Garman seconded, the motion to deny a Comprehensive Guide Plan Amendment from NB (Neighborhood Business) to D-III (Mixed Residential) . Hunter, Gorman voted for; Graves, Markley, Griggs voted against. Denied 3-2. Griggs moved, Markley seconded, the motion to approve a Comprehensive Guide Plan Amendment from NB (Neighborhood Business) to D-III (Mixed Residential) . Graves, Merkley, Griggs voted for; Hunter, Gorman voted against. Approved 3-2. Griggs moved, Hunter seconded, the motion to deny a Rezoning of approximately 11 acres from Neighborhood Business to R-4 (Multiple • Family) . All present voted in favor. Hunter moved, Merkley seconded, the motion to deny a Preliminary Plat consisting of 13 lots and 104 units located along the south side of Diffley Road and the east side of Nicola Road in the NE 1/4 of Section 30, subject to the following conditions: 1. These standard conditions of plat approval es adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B4, C1, C2, C4, R1 , Ti, 01 & R1 2. A copy of the homeowners' association covenants shall be submitted to the City Attorney prior to Final Plat and recorded with the plat at Dakota County. 3. All landscaped and green areas shall have underground irrigation. /3572- • PAGE 3 of 3 4. A Variance to the private street setback for Buildings one and twelve shall be approved per the site plan drawing dated 2/7/92. 5. The applicant shall resolve the Diffley Road access situation with Dakota County prior to Final Plat approval. 6. The original lendsoapo plan prepared by Griswold Associates dated 1/15/92 shall be submitted on an approved grading plan with the Final Plat submission. 7. The storm venter drainnge from the majority of this site shall be directed to the proposed pond. 8. The pond storage volume of the proposed pond shall be 1.6 acre feet and the maximum discharge rate shall be 2 cfs. 9. The slope of the drainage swales on this site shall be at least 1 .5a. 10. The drainage plan shall be revised to include additional catch haeine on Neghan Lane to collect the runoff so the flow does not exceed 4 cfs along the curb and gutter. 11. The existing trees along the east and south property lines shall be saved and protected to provide a buffer to the adjacent nxisting r•ingle-family residential lots. 12. To meet water quality treatment requirements, the proposed pond shall provide at Ieart 0.81 acre feet of wet storage volume and a minimum surface area of 0.31 acres. All present voted in favor. /33 • MEMORANDUM 411 TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: MARCH 9, 1992 RE: MEGHAN'S ADDITION At the February 25 Advisory Planning Commission meeting,the Comprehensive Guide Plan Amendment for the Meghan's Addition consisting of 104 owner occupied multi-family units was approved 3/2. The Rezoning from Neighborhood Business to R-4(Multiple)was denied unanimously, as was the Preliminary Plat. This site is along the SE intersection of Nicols and Diff ley Roads. There were approximately 15-20 residents in attendance and the major concerns raised were: density, increased traffic to the area, and the City's position on R-4 zoning. These issues were also raised the night before at a neighborhood meeting held at the library with the same number of residents in attendance. There were other questions and answers dealing with owner vs. rental housing,handicapped accessibility,the construction,and amenities of the units. Since • that time, the applicant has submitted a revised plan eliminating two of the eight unit style buildings, reducing the total to 88 units. The street configuration basically stays the same, however the connection with Diff ley Road is now proposed as a right in,right out,only. The County is still recommending no access to Diffley Road. Rich Brasch is requesting that an additional condition be added as follows: 13. On site ponding to treat drainage from the remainder of the site is not feasible so the City will require a cash dedication. Using the methodology outlined in the City's Water Quality Management Plan, the cash dedication for the remaining two acres of the site is $2,260. Also, since the site plan has changed, Condition #6 should read: "The final landscape plan shall be submitted on an approved grading plan with the Final Plat". Attached are copies of the original and revised plans. If you would like additional information, please contact me. • City Planner JS/js • • .114 V 1°7 PcS • I I1 1 . • - i ; �J — 1 • • _1 L --- ' 1------ _ ._ .—..irrs4zs sra—•—•---t-+•f-- E--i'•r-----l- -a-�1 --- -_• , '' -- ; T------ , --� ' WHIN,. 444.4 it--•�` 1� ' Ii I T -. •~ r. w• .p. . - • j : ¶ 11 ;I 1 I ���� D,, I , r ��,) LI ii , 11 r a 1 1 It i it . _ „ow 1 I 1 ----- r; I 11. I M ,, t 1 _-{ ,Q ' i- { 1 1: g :11 ■�!$ I �� • •1 1ii i f :4 �;I r�� S �. �♦�♦ {......... I i. L-------- 1 , :ii (.1 ■ � 3 / i r� a i a. 1 I t 4� � /�, � 1 1, p / it 1: ;t II o 1 ' elr ,,moo' ��` I'• mt t ' i� / 1: 1p' I 1 0 i J . ii I �" ♦ `' s%' [ - - . __ _ it I :I, .., C�. —, o �'7\� / / /Z. �■ �. T / ii . it, `/ `~I U T - / k -`7 I: ,1 1 I. I C -- a 7 - 1 - / ,; , I I: PI iwontr i J I: I iiii / 1--- -1►-ll-t-l-t-f- --Mr-.-i.........-� / g1 j w ssM2s•sssl , I 1 r -�.����. !: 1i A US fill i III_ 1 WI II a 74 i 1 i -4 0 I t i 41i ill • 8 4111111...$11 41 s IMIIMM• t♦ O. t1� co 'roe Rsnws =I T f a �-. 1 IMMUMMMOMI ,_R s Firm Q6w41 HAI, rw,..., • H - r 11 I i i 1 . E. N E. ' L____- 0 4— 1 1 I ii I 1 l.r i r _ �� .• �» �-- -i I �•----„,......ss = ("I i ,41) LI U 1__...)1 , I 1 ut!a [ /LIi. .• . I ----4, , , 1 _ fIllt- -- ft a .1 1 7 II I 1 � . if yL 11 1 , C 1 11 • 1 �•-•-_- • I 1 1 • 1 .� • I: t ' -- ; 1 - .r■r■ . ,J t T1' ' 1 1 . , 1 � 1 .12 p ...�- 11 1 - ' I ; w M . 1 ;n a i. 1. I 1.11 - : ,11 1204.? 6 I I v i ( 1 : • il I 4 .. A°441■4 1 6 I%.:41#1:,Z .. -, I ' I ;,7, I T ilt AY IP A�j / p l A1� -a** 11010/1”. ..it %s's--- ,i 111 r t I �` • -�..,, 0 , ..., --• , . ',, Nowammorlim. 4P. 440.. -. f V /------------ , , ,„ w __ . ... __1 .`r : ., , . r , z t ....„, , ; j ;it R1 , 11 ! r ',; , � ; • ••I ii A ii il 117. _ s ,, ... / # ' 1 II / 1 111 L - . J L . , \___j J/ �[' / r 1 t - 1 is- p • ; 4I1 ;�� I.._ ~ / / : ' ::: } / / / :-- / / i _ j ,11 L__—_J—___1—___L___��-� I / ,/ -- li ft i` r.cz� . �S • .0 L•-- -4,--,t-•,--9--i-f-- •-A— -_ / / a "' - —•— a III.ti��,i i 'Y' l :cEr; a �-- 1: ( IN �: w _ f \` \la yr H �+ t ' 1 CI 1 I : . I . • / w . - •f `1 .�s -.ii •=, ittii:i i = . . . - 2 O Lit , r r i 2'!S 1I�( y ( O irf in t JV : ; 1 I I I iii is 1.' ' _ =:f Ft f1/ _ - i : iiEcitt : i = = � /36 E = iii = IP —j I, '+'- W Gs ANS ADD .arrow anrwuls �;�'=�'�;:Cl,�, I. { ! ! SITE „A. • IEEOLUND ..:," �..:-.M JI l'° t.{I�.�,. C�v�L�S.a INC. �� .■I.�:.., .. CLQ.a2 r rase I 4 ,lu L'wlti i�+:°ri 'tr Tiw•-:'i1ii�.i►i»i'~'�, •...1 _ • .1 I� i • Page 11/EAGAN CITY COUNCIL MINUTES March 17, 1992 10.The final grading plan shall include a development plan that shows the building type and first floor elevation of the proposed house for each lot. 11.To meet the City's water quality treatment requirements, the NWL of Pond BP-27 shall be raised to elevation 886.75 and the south cell of Pond BP-27.1 shall be excavated to increase the wet storage volume by 0.75 acre feet. 12.The outlots shall be transferred to the homeowners'association before filing of the final plat. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING PRELIMINARY PLAT/MEGHANS ADDITION Mayor Egan introduced this item as a Comprehensive Guide Plan Amendment for the Meghans Addition/Pulsar Inc., from NB (Neighborhood Business) to D-III (Mixed Residential), a Rezoning of approximately 11 acres from NB (Neighborhood Business) to R-4(Multiple) and a Preliminary Plat consisting of 13 lots and 104 units located along the south side of Diffley Road and the east side of Nicols Road in the NE 1/4 of Section 30. City Administrator Hedges said that a public hearing had been held before the Advisory Planning Commission and although a comprehensive guide plan amendment was approved on a 3-2 vote, the rezoning and preliminary plat were denied. • Before weighing the merits of the project,Mayor Egan asked David Sellergren,representing Pulsar,Inc., to provide Council with the reasoning behind their request for a land use change. Mr. Sellergren said this property meets two of the criteria for rezoning. In this case, the fact that the property has not developed over a long period of time toward the Neighborhood Business use,is some evidence of a mistake in the original zoning. In addition, there have been a significant number of changes in circumstances that would indicate the property should be reexamined. Cedar Avenue used to be a heavily traveled road and now with the change to Nicols Road and a City street,traffic has dropped. He said a number of commercial developments,neighborhood businesses,etc.,had occurred in the City and yet nothing had been done with this property. In 1980 a 70,000 s.f.shopping center with 450 parking spaces was approved by the City Council. That development would have generated 5,000-6,000 Trips Per Day. Mr.Sellergren said the plan they were now putting before the Council was not the same plan reviewed by the APC. The new plan has two less buildings, reduced density, additional open space and trees, and a change in access. He said the neighbors were very concerned about traffic congestion on Diffley Road. He said two things would affect that, the County plans to create a separate left turn lane at the intersection of Diffley and Nicols so that the congestion that occurs at that intersection will be mitigated and secondly, the developer has added a right-in/right-out access on to Diffley so that anyone that wants to go west or north will not use that access. Mayor Egan asked if the access had received approval from the County and Mr.Sellergren said it had not. He said it does not meet the County's intersection spacing guidelines and it remains to be worked out. At.this point, Mayor Egan asked the City Council if two members would not consider a rezoning. Councilmember McCrea said she would like to hear from the neighbors before making that decision. Councilm embers Awada and Pawlenty indicated they were inclined not to support the development while Councilmember Wachter said he was inclined to support it. Mayor Egan then remarked that he was not overly in favor of the development but believed it may be preferable to a commercial use. Councilmember McCrea suggested that Pulsar,Inc.,hold a neighborhood meeting and if the neighbors could not be convinced to support the project, then perhaps they should withdraw their application. Mr. Sellergren said they would be willing to meet again with the neighbors but could not agree to withdraw. /37 Page 12/EAGAN CITY COUNCIL MINUTES • March 17, 1992 - None of the residents came forward, however,they did speak from the audience. One said she had a number of concerns even after the last neighborhood meeting including the density of the development. She said the majority of the neighbors were aware of the Neighborhood Business zoning and would prefer a development of that type. Another resident agreed there were already too many strip malls in the City and suggested senior housing as a possible use of the property. The neighbors would also prefer that the neighborhood meeting be held at least one week in advance of the City Council meeting so they have an opportunity to review any new information. Wachter moved, McCrea seconded, a motion to continue to April 9, 1992, consideration of a comprehensive guide plan amendment, rezoning and preliminary plat for the Meghans Addition/Pulsar, Inc. Aye: 5 Nay: 0 MagOggitiMiii DEVELOPMENT DEPOSIT AGREEMENT McCrea moved,Awada seconded,a motion to approve the development deposit agreement as presented. Aye: 5 Nay 0 SIGN ORDINANCE AMENDMENT • Mayor Egan introduced this item as a request for direction regarding a sign ordinance amendment. Councilmember McCrea said it was her understanding that any changes in the ordinance were put on hold until a joint session of the City Council and Advisory Planning Commission could be held. Mayor Egan said he was willing to recommend that no applications come forward from the APC until the issue is resolved. Director of Community Development Runkle advised the Council of two sign applications that had been continued by the APC for 60 days but were soon to come to the Council for consideration. He asked whether the moratorium should be reinstated. Councilmember Pawlenty said he thought the issue had been decided when after several meetings the Council determined that an ordinance change was not needed and that billboards would be decided on a case by case basis. He added,however,that the Council could review the issue again but whatever the outcome, he would continue to refrain from voting on billboard applications. After further discussion, McCrea moved, Wachter seconded, a motion to place a moratorium on billboards in the City of Eagan until a joint,in-service training session can be held between the City Council and Advisory Planning Commission. Aye: 4 Nay 0 Abstain: 1 (Pawlenty) NUMEMTRATIVEAGNOV NORTHVIEW BUILDING FIRE RESTORATION CONTRACT Egan moved,Awada seconded,a motion to continue to the April 9,1992,regular City Council meeting, consideration of the authorization of default by Beacon Builders, Inc., for the Northview Park building fire restoration contract. Aye: 5 Nay 0 MISCELLANEOUS ITEMS A work session between the City Council and the Advisory Parks, Recreation and Natural Resources • Commission will be held on March 31 at 5:00 p.m. A joint session with the Advisory Planning Commission will be scheduled for a later date. Recognition of the City's volunteers will be held on April 25 in conjunction with g MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 2, 1992 RE: UPDATE - MEGHAN'S ADDITION On April 1, 1992, a neighborhood meeting was held at the Dakota County Library with approximately 10 residents in attendance. Mike Ridley, Project Planner, represented the City of Eagan. The changes that occurred are as follows: The internal road has been moved slightly to the west to provide greater distance from the rear of the unit to the property lines on the east. The roadway has also been changed on Diffley Road to be a right in/right out only. The applicants have provided 26 additional guest parking stalls throughout this proposed development. The applicants have calculated what the average daily trips would be on a commercial development vs residential. The numbers they presented were approximately 5,380 t's for a commercial center as opposed to 680 t's that would be generated from this residential development. Again, this was prepared by the applicant and shared with the neighborhood on April 1. The last change is that the applicants have changed the end of the buildings to look more single-family like. Attached are Jim Sturm's updated reports discussing the changes in the last revised overall plan. If you have any questions or would like more information, please advise. ommunity Development Director DCR/js • /37 Agenda Information Memo 4110 April 9, 1992 City Council Meeting R. A. KOT HOMES VARIANCE/WOODLANDS D. Variance,R.A. Kot Homes, Inc.,of 10 Feet to the Required 30 Foot Frontyard Setback Located at Lot 12, Block 4, The Woodlands in the Southeast Quarter of Section 14--This item was previously before the City Council at its meeting of March 17, 1992. At that time, it was continued to permit additional review by staff. The Community Development Department memorandum relative to this additional review is enclosed on pages /41/ through/Lfor your review and includes correspondence from Richard Kot illustrating the relationship between the proposed home and the mature vegetation with and without the variance. Also enclosed on pages/through 446 are items of correspondence received of neighbors for and against the application. Also enclosed on pages/4-7 through/Y?is the original Community Development Department staff report with respect to this item. Finally, enclosed on pages .L5 through/S/ is a copy of the March 17, 1992 City Council minutes relative to this issue. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for R. A. Kot Homes, Inc. of 10 feet to the required 30 foot frontyard setback for Lot 12, Block 4, The Woodlands as presented. • J 0 MEMORANDUM I TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 2, 1992 RE: R A KOT VARIANCE LOT 12, BLOCK 4, THE WOODLANDS City staff has had a chance to review Lot 12, Block 4,The Woodlands,regarding a Variance request by R.A. Kot Homes. Doug Reid, you, and I visited the site and it was noted that the site does fall off very quickly from the street to the back of the lot and there are substantial trees as you go down the slope to the back of the lot. It is our conclusion that the topography and vegetation would justify the request for the 20' front yard setback Variance as it would reduce the amount of grading and disruption required to set the house at the normal 30' setback requirement. If you need additional information or have other questions, please advise. Community Development Director DR/js • /9/ • IR.A. KotI HOMES • INC - CITY OF EAGAN COUNCIL 3/31/92 RE: VARIANCE ON LOT 12, BLOCK 4, WOODLANDS ENCLOSED ARE 5 COPIES OF EXHIBIT (A) SHOWING A SURVEY OF THE PROPOSED HOME _ AT THE NORMAL 30' SETBACK. THERE IS A 20" OAK TREE BASE AT ELEVATION 900.6 WITH A PROPOSED BASEMENT FLOOR AT 909.6. THE TREE IS APPROX. 7-8' FEET AWAY FROM THE PROPOSED HOME. THE TREE WOULD BE APPROX. 9' BELOW THE BASEMENT FLOOR 7-8' FEET AWAY. ENCLOSED ARE ALSO 5 COPIES OF EXHIBIT (B) SHOWING A SURVEY OF THE PROPOSED HOME WITH THE RIGHT SIDE OF THE HOME FORWARD. THE 20" OAK. TREE IS APPROX. 22' AWAY FROM THE PROPOSED BASEMENT AND THE EXISTING ELEVATION IS 907.7 AND THE PROPOSED BASEMENT ELEVATION IS 909.6. IF THE VARIANCE IS GRANTED THE 20" OAK TREE CAN BE SAVED AND THE PROPOSE. BASEMENT ELEVATION FITS WITH THE EXISTING ELEVATION. ALL WE ARE TRYING TO ACHIEVE IS FITTING A HOME ON THE EXISTING HILL AND -SAVE THE EXISTING TREES. IF THE COUNCIL NEEDS ANY ADDITIONAL INFORMATION PLEASE CONTACT ME AT 687-9513. SINCERELY, C RICHARD A. KOT PRESIDENT • P477 Distinctive Design • Attention to Detail • People who Care SUI*VEYOR 5 CERTIFICATE kit. kot HoMta 114C,• • --'xi,,Is lar:1- PROMONTORY PLACE • h / 3 pi, 110104 illARK--..-122 F,1 OE ' ,. r ... ( J41-�``•N��' 0 p � . •tx13tlNd & , • z .b 1b• "V. ` DRIVEWAY ' .. /.I / ". i I g rt 4#4 I a • N, l�.t- Rice' MURK „ o o :. 40b4 l W N" W °� `���.0 I __ CK oK y • -- ° 1 I . l'" (_ 1 -� LJ .. • 8 I I • LOT 12 N • I IaratN7 PEpu at'- • / a 1 PP 1/4%100.00 9 894 I3 i S4" W 0# d*v'1e Z/ ,... 0 L: -; .s-- f1 IL CJ s �, itka 1 I lNCN I 10 Ottt 0 tr) I 1 ., a me 5:R‘-'-',.Hill'. ihtl' . ! libi: __ - _ . _. ._ _. y..�•..�� ......rte...... �... o .� a PLANNEAS / SNOIN S_/ SUAVSYoas _.. 4 la!* W. Ctit, W.4/et unNAVILIEI MN, alit sa1!l. Daeo44 , SURVEYOR'S CERTIFICATE R.A. KOT HOMES INC. REVISED HOUSE LOC. 3-27-92 ex�,�ri PROMONTORY A PLACE . Illy It 11444 13:./ sill , .0\ .-e". 4rg *es. a4�`'� €1. A9 . / y �:, `J % 414- OR AY ',ea.._ f .i. *xis qW.O' t ('1114 a� d (Q. \.� EXISTING ''- _.6,r-..33 A 12. 417.4 n. sti>A 1`; , . "�i[Np+ MA NK■DRIVEIAWY t / / 4 ,13.0 TOP o►NPR t� lay...si:.st tiro►MA 13 GARAGE 1 • N j914.>f M 81 ,�r� 'Lev..sts.11 et If ` M d ■ l — PROPOSED M Mi4 r J HOUSE M �, a4zt.o se:.l soli Q 1120.0, 4N�2 . S q., / _N I W . . i 1114./ • Sq.,4 MA. ^��i Y Y11.4 414.tt 5 1 -----114.2 •• ties ID i.s .. r^) W 20"001 fo4s(gOq,ce) ( . . .,� *901.1 s 55005 t I O 0 20"OAK t,1 . ) -- I .0"OAK I 1 o t `�I I I -J I J / X 8 I ( t N i LOT 12 DRAINAGE 9 UTILITY �J EASEMENT PER PLAT . b^p CeTa.o `-100.00 S 89° 13' 54" W �/ • / k. 41 I L._\1 I L) SCALE' I INCH s 30 FEET m plp C RHH1, inc. dames • �ff N x ' N 2 N N °z J - PLANNERS / ENGINEERS / SURVEYORS •� � NZ �� � tnN � 0 ro O , ^' 2S00 W. CTY. RD. 42 3 BUpNSVILLE, MN. 55331 +312-88048044 I, . • DARREL A.BASKA ATTORNEY AT LAW EAGAN EAST EXECUTIVE BUILDING 9445 WASHINGTON DRIVE,SUITE 100 4 EAGAN,MINNESOTA 55122-1339 (612)661-0238 March 19, 1992 Dale Runkle Community Development Director City of Eagan - City Hall 3830 Pilot Knob Road Eagan, MN 55122 Re: R.A. Knot Homes request for variance Lot 12 , Block 4, The Woodlands City Council hearing held on March 17, 1992 Mr. Runkle: My wife and I occupy the home on Lot 10, Block 4 The Woodlands and are in the process of purchasing Lot 11, Block 4 adjacent to 410 Lot 12 . We purchased Lot 11 for the purpose of maintaining some control over the positioning of a homesite on Lot 11. Having considered the issues, my personal view is that the variance should be granted. I believe a 6-10 .foot variance of the front corner setback on Lot 12 will be de minimis in relation to the hardship which would be encountered by the prospective homeowners on Lot 12 if the variance request is rejected. We are comfortable with R.A. Kot Homes as a builder and look forward to having the Perala's as neighbors. I know Rich Kot to be a conscientious quality builder and I trust his judgment completely. As you view the property site, you will no doubt concur that the positioning of a home on Lot 11 will be problematic but this will be the case regardless of a minor variance on Lot 12 . Sincerely, Darrel A. Baska • • /L/LC William and Mary Jo Morrissey 820 Promentory Place Eagan, Minnesota 55123 Mayor and Council Members City Hall 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: March 17, 1992, Eagan City Council Meeting Agenda - Section VII, C, Variance, R.A. Kot Homes, Inc. - The Woodlands. Dear Mayor Egan, Council Members Awada, McCrea, Pawlenty and Wachter: At the March 17, 1992, City Council meeting, the above variance was addressed with opposition from The Woodlands Homeowners Association and some of the existing homeowners. As one of the homeowners present, I greatly appreciate the Mayor and City Council continuing this action until city council staff members visit the property to check its topography before reaching a decision on the variance. At the same time, I feel that The Woodlands Homeowners Association and existing homeowners were put in an adverse light based on information presented by Mr. Kot. I do not believe we are asking Mr. Kot to build a smaller house. However, there are other options, such as layering the back of the house and bringing fill to meet the topography of the land and still retain the required setback from the street. As was also indicated, most of the lots left to be developed will be difficult to build on. Once a precedent of this type is set, it will be easier for future home builders to demand this kind of variance to meet their needs, rather than the needs of the existing land. In any event, it may well result in The Woodlands Homeowners Association and existing homeowners having to defend their position again and again and ultimately cause hard feelings between the new homeowners and the existing ones. As an existing homeowner, I understand that it is sometimes frustrating to comply to the covenants of The Woodlands Homeowners Association. Each lot purchaser is given the covenants and should evaluate them prior to purchasing. However, coming from a previous development which did not enforce covenants and seeing it deteriorate and consequently, also our home value, I greatly appreciate the value of enforced covenants once your home is built in a neighborhood. Because it is very unusual for such opposition to this type of variance (as indicated at the last city council meeting), I ask that you look very carefully at both sides of the issue. We, and other interested homeowners would be happy to discuss this further. Thank you for listening to us. Sinc ely, • 'jf ).AAA4 • SUBJECT: VARIANCE . APPLICANT: R A KOT HOMES INC LOCATION: LOT 12, BLOCK 4, THE WOODLANDS F.I.D. #10-75875-120-04 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: MARCH 17, 1992 DATE OF REPORT: MARCH 10, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application for a 10' front yard setback Variance to the required 30' setback has been applied for by R.A. Kot Homes Inc. on Lot 12, Block 4, The Woodlands. • PROPOSAL: The reason for the 10' request is the steep grade which begins approximately 47' from the property line, 60' from the back of the curb. By constructing the home at the required 30' front yard setback, there would be a 9' grade differential between the lower level and the grade. To match the walkout levels to the grade. the builder is requesting a 10' Variance to the front yard setback. This would allow him to construct the home and match the grade. If approved, this Variance shall be subject to all City requirements. AA/IGf E. s il 11 7(1«r'L „r,„ WNE STACCt -=- NW rUgsf it . • cnE nI .J. 1 � G+1f 04 ' s \ j iu O .A c $ tRC t e •- ---------'), '\, CI "'mg, (.......)" vtdr‘f‘— 4 _ b . t �, h._ r .KN?w i-L-7- , 6 )r —ii,;:;;.711.; :-,T/ G%,,,,1,1f, t f(... , tm.b. .H7— .l! Ir1;S n1 V Street Map / 9 7 ■ • R.A. Kot Nomes Inc. var►arlr0 •. ._. ,..„.,._ , /1„ i, ., s ' / / :!t' \ \ it // / . , \ / IP .., V L \\ t•7::\\I\ \ , ' t / 6. "lig.IS, ' .4"- ' ' - -/.__, / SI 4.. . . j( RI ' . VII ,I 4r / • • , I r, cS t 1. - •,) , Oa •\ ) ...)••v••••1 ••••11 T �r t F ft %� :: ::: Ir INDMEE / ,, r � 1 . r• i 1 11) N \ r 1 •�[ ,� 11 ■ , is ►'. f, • Ts vim ADDITION . • ,,,,) C ) ,0 / • it !e ►I if • .. \\ A,4' \ 1 r i J •,.,7' ,, 1 I 7 '• ' ., • •I 1 4 \ I I „ I. 3 ({ 1,,un - n' -, ,..--A4slin *1 It'll• '1°4:r w•:1 (I • ir ....".•• , !.' C41•1 ..:\ • l7g SURVEYOR'S CERTIFICATE a.A. scot HOMES 94c. el . - PROMONTORY PLACE S s� ' r••• %0\ Cr S S S �J A y ° 6� S'S /b � 6! eff \ r1tt o t I I ten .- Garage loin• I • _ j House ,4• {in c "it 12.0 +- W 114 5 %142 _ ,�) 0 r W so,' I -- e soot 1 - ID Om• I O O -- re N _ ID I- 411110 I - N ,-∎ _JI I _J I g oh F LOT 12 N DRAINA0E e LIT ILITT , tASEMENT PER PLAT ~Lr �fr , p C _._ _ 10�" ■' 100.00 S 89' 131 54" W -/'(a1L .o) ,7 •• ') I 0 -I- I ,\-I rl ■_, ._' I t_'Si I l_) tc.Kt I I INCH , .o trri JaniesR. 1-tiII, inc,® C > O G ! • o t ' o , ELANNtS I tNGINRS I SUPV E yt fs. G r N 25"10 W Crr tab 42 • PU^+ISv!LIE, MN Skil, 1 Bit M08044 Page 6/EAGAN CITY COUNCIL MINUTES - • March 17, 1992 McCrea moved,Awada seconded, a motion to continue consideration of a conditional use permit for Nitti Disposal,Inc.,to allow outdoor storage in an LI(I.fight Industrial)District,Lot 8,Block 1,Sibley Terminal Industrial Park to the April 9, 1992, regular City Council meeting noting specific concerns about bituminous surfacing and enclosures on the property. Aye: 5 Nay: 0 ESTABLISH PRECINCT BOUNDARIES/LEGISLATIVE REDISTRICTING Mayor Egan introduced this item as the establishment of precinct boundaries for legislative redistricting. It was noted that the State redistricting plan is not consistent with the Federal plan;however,the City has no alternative but to implement it as ordered by the State Court. Pawlenty moved,Wachter seconded,a motion to approve the precinct boundaries and polling places as presented. Aye: 5 Nay: 0 DUPLEX LOT SPLIT/EAST BALSAM STREET Mayor Egan introduced this item as a waiver of plat for Ronald E.Schwartz,a duplex lot split to allow individual ownership of Lot 6, Block 1,Wilderness Run 5th,NW 1/4 of Section 27. McCrea moved, Pawlenty seconded, a motion to approve a waiver of plat for Ronald E. Schwartz to permit a duplex lot split to allow individual ownership at Lot 6, Block 1, Wilderness Run 5th Addition and subject to the following conditions: 1. Separate utilities shall be provided to each unit. 2. Utility work shall be completed prior to recording at Dakota County. 3. An easement from Parcel A to Parcel B is required for the water service to Parcel B. 4. The existing water service shall be turned off at the existing water main. 5. All applicable Code requirements. Aye: 5 Nay: 0 VARIANCE/R A HOT HOMES Mayor Egan introduced this item as a variance for R.A.Kot Homes,Inc.,of 10 Feet to the required 30 Foot front yard setback located at Lot 12,Block 4,the Woodlands in the SE 1/4 of Section 14. Director of Community Development Runkle said the applicant was requesting the variance because of the difference in grade from the front to the back of the lot as well as two mature oaks trees which would be affected if the house were moved back. He said if the house were built at the required setbacks, there would be a 9' difference in elevation from the front of the house to the back requiring the use of retaining walls. Richard Kot,the builder,said that six months had been spent designing the 3,200 s.f.house planned for this lot. He also noted that only a corner of the house would not meet setbacks. At this point, Councilmember Pawlenty made a motion to approve the variance, with a second by Councilmember Wachter. However,because several members of the audience wished to address the variance, the motion was withdrawn. • AC° • Page 7/EAGAN CITY COUNCIL MINUTES March 17, 1992 Jim Williams, President of the Woodlands Homeowners Association, presented his 100+ member organization's opposition to the variance. He said 15 lots were left in the development and all were difficult to build on; however, it was their position that the area was to be left as natural as possible with houses built to fit the lots. Mr.Williams also expressed a concern for the precedent that would be set and that the development would end up with homes on the last lots detracting from the original purpose. Councilmember McCrea said a precedent would not be set as variances are granted on the basis of hardship which in this case involved the topography and preservation of trees. Mayor Egan asked if the homeowners had considered that a smaller home could be built or that trees would be cut down in order to fit the house on the lot. Mr. Williams said he did not believe it to be an "either/or" option and that the builder should work within the confines of the Association's covenants and restrictions. Councilmember Pawlenty asked whether the Association could deny the builder if the Council approved the variance. Mr.Williams said he would prefer it not come to that and would prefer to see the City follow its own guidelines and not grant exceptions. The Councilmember said that each variance is judged on its own merits,however,the power to grant a variance is within the Council's discretion. Mayor Egan also told Mr. Williams that a variance is granted by the Council only when it improves rather than detracts from property values. Mitch Berger, 823 Promontory Place, said the Council was being misled that a variance was the only solution to the problem. He said the builder was trying to set the house on the lot rather than developing a house to fit the lot. Mayor Egan suggested that a staff member be sent out to the property to determine whether a house • of these dimensions could be built on this lot. Mr.Kot said he could build this house and meet the setbacks but the basement would have 15' or 16' ceilings. Perry Linn,815 Promontory Place,described the lot and said it did have difficult topography. He said that when he built his house he found a lot and then fit the house to the lot. Mr.Kot's buyer said he was the second builder she had contacted and overall had spent a year and one- half finding the right house for this lot. She said they had done everything possible and had taken every precaution to protect the trees on the property and wanted to leave the remaining trees just as they are. Councilmember McCrea asked, with the exception to the setback, whether this house would look different than the others on the block. Director of Community Development Runkle said he had not viewed the lot; however, since the house is on a circle, no site lines would be interrupted. Greg Langan, 811 Promontory Place,said the house would interfere with the view from the house to its east and should follow the curve of the street. Because of the number of objections to the variance, Wachter moved,Awada seconded, a motion to continue to the April.9, 1992, regular City Council meeting, a variance for R.A. Kot Homes of 10 feet to the required 30 foot front yard setback at Lot 12,Block 4,The Woodlands,with direction to staff to look at this lot in order to determine the extent of hardship concerning grade and loss of trees. Aye: 5 Nay: 0 VARIANCE/STEPHAN HOMES Mayor Egan introduced this item as a variance for Stephan Homes, Inc.,of 16 feet to the required 50 foot setback along Johnny Cake Ridge Road at Lot 50, Block 2, of Mallard Park Third Addition. Director of • Community Development Runkle described the application. Steve Wensmann of Steph-An Homes was present to answer any questions. /67 Agenda Information Memo • April 9, 1992 City Council Meeting CONDITIONAL USE PERMIT/NI1TI DISPOSAL/OUTDOOR STORAGE E. Conditional Use Permit,Nitti Disposal, Inc., to Allow Outdoor Storage in an LI (Light Industrial) District on Lot 8, Block 1, Sibley Terminal Industrial Park Located West of Highway 13,North of Yankee Doodle Road in the Southeast Quarter of Section 8—This item was previously before the City Council on several occasions. Once again, the applicant has requested a continuance to permit further review of the cost associated with the conditions proposed for the conditional use permit. A copy of the Community Development Department memorandum covering this correspondence is enclosed on pages/3-3through /5y for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a continuance of the conditional use permit application for Nitti Disposal Inc. as presented. • • • MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 2, 1992 RE: NITTI DISPOSAL INC Since the last City Council meeting, the Planning Department has been in contact with representatives of Nitti Disposal Inc. and have expressed the concerns of the City Council regarding the conditions of the Conditional Use Permit. Nitti Disposal has been working on some price estimates to enclose the storage area with the building vs. placing a tarp over the storage bin facility. Staff has expressed the concern that the enclosure would mean some type of structure vs. a canopy and the applicants are requesting a continuance in order to do a detail analysis of what this condition and cost would be to their business. It is my understanding that they are requesting a continuance from the April 9 City Council meeting to examine the overall costs of the Conditional Use conditions. • If you need more information or have questions, please advise. �i Community Development Director DCR/js Attach. • /Lc 3 • *iii v' r4, • Reduce•Reuse-.Rtecyde- G.r ti RUSSELL P.SCHWEIHS Chief Executive Officer April 2, 1992 City of Eagan Mr. Mike Ridley Project Planner 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Dear Mr. Ridley: Reference is made to our discussions regarding our Conditional Use Permit. As we discussed, we have been exploring a number of alternatives in order to satisfy the requested conditions of the permit. We attempted to operate without utilizing the storage bins. We found that this was not feasible because it drastically increased the haul times to and from the recycling centers. Our residential trailers have 10 cubic •. yard capacity. We currently run'5 residential routes per day, which means five loads to the recycle centers By utilizing the storage bins we can cut that to an average of one load per day. Additionally our residential trucks are done too late in the day to allow all of the recycling trailers to be dumped before the recycling center closes. Next we requested pricing to cover the storage bins with a pole barn type structure. We received estimates in the mid $80,000 range. These prices do not include doors or electricity. We do not feel that this would be a feasible alternative. We continue to explore alternatives which include designing a system that would allow the complete enclosure of each storage bin with a heavy duty material. In order to satisfactorily reseatrch this and other alternatives, we respect- fully request a .continuiance to the April 21, 1992 City Council meeting. Sincerely, • Russell Schweihs RS/ml 3291 Terminal Drive • Eagan, Minnesota 55121 • (612) 451-1421 • Fax 452-9156 • Agenda Information Memo April 9, 1992 City Council Meeting NEWBUSWESS COUNTY ROAD SETBACK VARIANCE/BRIDLEWILDE JOINT VENTURE A. Variance,Bridlewilde Joint Venture,a 15'Variance to the Required 50'Setback from Pilot Knob Road, Located on Lot 1,Block 1, & Lot 5,Block 2, Fairway Hills 4th Addition-- An application has been received of Bridlewilde Joint Venture for separate variances of 15' from the required 50' setback from Pilot Knob Road to permit the construction of two homes in the Fairway Hills 4th Addition. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages AS-4 through/67 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of 15' to the required 50' setback from Pilot Knob Road for Bridlewilde Joint Venture for Lot 1, Block 1, and Lot 5, Block 2, of Fairway Hills 4th Addition as presented. • • ACS SUBJECT: VARIANCE III APPLICANT: BRIDLE WILD JOINT VENTURE LOCATION: NW QUARTER SECTION 34 EXISTING ZONING: SINGLE FAMILY RESIDENTIAL (R-1) DATE OF PUBLIC HEARING: APRIL 9, 1992 DATE OF REPORT: APRIL 1, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance of 15' to the required 50' setback off Pilot Knob Road for Lot 1, Block 1, and Lot 5, Block 2, Fairway Hills 4th Addition located east of Pilot Knob Road and west of George Ohmann Park. COMMENTS: To insure house sizes are comparable to homes throughout the Fairway Hills subdivision, as well as those anticipated with the Fourth Addition. The applicant believes III the 50' setback off Pilot Knob Road severely restricts the buildable area. If the proposed Variances are granted, future homes on the two lots listed above will maintain a minimum setback of 70' from the east curbline of Pilot Knob Road. If approved, these Variances shall be subject to the following: 1. No other Variances shall be granted for Lot 1, Block 1 and Lot 5, Block 2, Fairway Hills 4th Addition. 2. All applicable Ordinances. v<4 l y( • 1 'Y I , + I..Q, U r.• _ W'" _ 44e • _ 8 , .1 • sW RD I i - OF 7 U s / CF E , d Er I I . -s 4 , - Pf U HICKRY O d,. IL, 1.4"t '' 1°4 LA.' 6 W, :RY 7 u r '. '`1 m NU7 i _-_-_ 11779. . Rr NG :S O I LI if..NpY = a ,yl .'`E TON/ eV �;� J ® 17■ _� I .. hl�/GM75 _ I ARIEY/EW M '" t < : PARK b I i, NW NE i �� EN GO[F _�'= NE CO( T./ •I TOE o w, M OY/RSE � �',�L uR"l& •R' ; i✓ •EORGE • ANN PARK ,�� •lit -1.c .i ..„,c.y °°O - _MGTOA I'M et to li:r:Ll•1�+41 _ RAG ...••=,, •a 44.-6 My" /'"7 4;!'h' ',wily j i,'r''/I' Pi, via . 3 .7.,HS,rq S / 007 9S7 / 0 �1 / JI S/ ( I 1 o �s • d • I Ia N ( i z I N pl N Q I — rnI ; S/ .- 17** I I �2 ;:IS NI I� �SI_r. (I) �j g I 1.. - I s,4 .s, I 1. rf f.OD \ ` •wise_ 1 r "4 ! 0 1 T . 5 C) W �j1ttt!l111/ °cA �I f l:b�,� ,b T�, /r4 OY dl ■ 0R R Rn 0 a W I :) CI r c 1 . c�t as tl SC Sf licC 1111 CC d i_ n n.a,64 it `� T, 3 . i o�,co,Er _� = L 1 /* V { 1.,,t- , !r• I .' M .TC.01.f S 1 .a•i's1 \' till G 4 •C I I s e i 1 44'.' j •'t r I— V .04 W 1/„,I � ' � e. ' V ei I !. I: • `\ ZW .,1 • -, JI ( M •LC,71.6R S 1111;W n i r 1. . Cr) �MC °I I° ~' '• 1 0 _.•v I d V I • Ci Fit ill W' n cn — —— o • Ci UI ^',) -.1 O QI u I ,I it ,+I N ! o n1 Syr _' I' Y ^I (^ • ^. IIA. 1 (— _.- Z0 l•1. � h I I �+ .LC n46R 5 ( - - - • M .TCA1,6R S I N • ›....". � 1011 I" TI ost ..I P)r,c O nc ^1 L. 4C:C 113 •."lam nI A .. tl•S621" I �) �r t 1 SE.JS �s 9► ! p •I 1 •►.9r .,L �1 S1 I._ :9t: L a a N .:c,p/,R, a if 26 E t ! `� c9c 1 I _ t� J .!gy�pp S! 4 Mr r, .r it lai • 1.. ...• l\ , 7,f"1 tl • 01 9/. 1 i s , R,.„ .; 1 ► .g7O 1 t,a F,• ri p g, g. ■7`; , I 1..1 c �i I (i) 4 .r; -:I r-. �d A n R,9 I 1 ."CC , is- ' .C. wT7 t , N 'v;■ I I nI I9 I II:: I Or S sc). s o o d I 1 s r' . I I _—1 l ' - I I 05 � 1 1) 1� • 6c 1 18 I� I 1,•,, •• S 1 1 a s9�)z _ 1 �s ti II /S7 Agenda Information Memo April 9, 1992 City Council Meeting • SIDEYARD SETBACK VARIANCE/COUNTRY HOLLOW ADDITION B. Variance,Diann Dunlevy-Koch,a 1.25'Variance to the Required 5'Sideyard Setback for a Deck, Located on Lot 19,Block 2, Country Hollow Addition--An application has been received of Diann Dunlevy-Koch for the above-referenced variance at 586 Prairie Circle East. For additional information with respect to this variance, please refer to the . Community Development Department staff report which is enclosed on pages /through /60 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance of 1.25' to the 5' sideyard setback for Diann Dunlevy-Koch for the property at Lot 19, Block 2, Country Hollow Addition. • • • /6 SUBJECT: VARIANCE Ilk APPLICANT: DIANN DUNLEVY-KOCH, ESQUIRE LOCATION: SE QUARTER SECTION 24 EXISTING ZONING: SINGLE FAMILY RESIDENTIAL (R-1) DATE OF PUBLIC HEARING: APRIL 9, 1992 DATE OF REPORT: APRIL 1, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance of 1.25' to the 5' rear yard setback for a deck located at 586 Prairie Circle East (Lot 19, Block 2, Country Hollow). COMMENTS: This Variance is being requested for an existing two-level hexagon shaped deck that has a corner inadvertently built 3'9" from the rear property line. The deck was not constructed by the current property owners. Review of City records indicates the deck ikwas built without a building permit and therefore the Protective Inspections Department did not have an opportunity to verify setbacks or structural components. The applicant states area neighbor opinions have been solicited and no objections were brought forth. The applicant believes compliance with the setback requirement would not only entail great expense and a complete reconfiguration of the deck,but would also impair their use and enjoyment of the deck itself. If approved, this Variance shall be subject to the following: 1. A building permit application and corresponding review of structural compliance with City requirements. 2. Structural modifications, if deemed necessary by the Protective Inspections Department. 3. No other Variance shall be granted for this lot. 4. All other City Ordinances. 41 /57 SURVEYOR'S CERTIFICATE MARK JOHNSON CONST. :" ., • / P/ s' s ). N- C'' '/ 0 (9' : -''.% \' \17-1° 47 \ \V/ \`LO / ;.;' � = 17°37'53.. \�j was -•:•:_,,... -- ., R-IOI.86 aQ' s� � 31.35 \I,p g. F off: 3s - / /s , / Ai!q 33, ��22.33 I., N / / ry ?-,i' /�n 9�GAR. 20pp7- 844,1 Po �eAy \♦ 5o s•,, N� .,opo$EO/N / to . : • K�\ \\a : . MptJS�r / V ^ 1 l,, 4 -a• ' /3/ \\ rt / `� sol? , 2/ °� / ,� 4 0� N I" CQo� N / l 1 •N <9 / 0,-., ...., ‘,..,,,, N / I I{Y / ..1327.9 .11----- DENOTES PROPOSED SURFACE DRAINAGE / O DENOTES IRON MONUMENT SET SCALE: 1 INCH — 30 FEET • DENOTES !RON MONUMENT FOUND PROPOSED GARAGE FLOOR — $4J? FEET X000.0 DENOTES EXISTING FLFVAT!nN PROPOSED LOWEST FLOOR— 834.: FEET (0000) DENOTES PROPOSED ELEVATION PROPOSED TOP OF BLOCK— 844.2 FEET WE HEREBY CERTIrY TO MARK JOHNSON CONST. THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: Lot 19, Block 2, COUNTRY HOLLOW, according to the recorded plot thereof, . Dokoto County, Minnesota. IT DOES NOT PURPORT TO SHOW IMPROVEMENTS OR ENCROACHMENTS.EXCEPT AS SHOWN.AS . SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION THIS 30TH DAY OF JUNE ,1988 SIGNED J LL,INC. • .. 2wc — HAROLD C. PETERSON,LAND SURVEYOR MINNESOTA LICENSE NUMBER 12294 NM! APRIMIMINIIMMMIM■ cn III . „:, ED m -ri � N > m `1 0 JamesR. HiII, inc.m ,- O f f < l o D m Ls 111 N E: U y ° 0 N U n �O m PLANNERS / ENGINEERS / SURV EYORS zoom (2,,, CD /60 O m CD Z 0401 JAMES AVE S •BLOOMINGTON, MN 55431 • 812-884-3029 :, i Agenda Information Memo April 9, 1992 City Council Meeting VARIANCE/FRONT YARD SETBACKS/ENGSTROMS DEERWOOD ADDITION C. Variance,Robert Engstrom Companies,a 5'Variance to the Required 30'Front Yard Setback,Located on Lots 21,25,26,Block 2,Engstroms Deerwood Addition--An application has been received of Robert Engstrom Companies for 5' variances to the 30' front yard setback for the three lots referenced above. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages /6.2 through /(mac f for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny variances of 5' to the required 30' front yard setback for Robert Engstrom Companies for Lots 21, 25 and 26, Block 2 of Engstroms Deerwood Addition as presented. . • /6/ SUBJECT: VARIANCE io APPLICANT: ROBERT ENGSTROM COMPANIES LOCATION: SE QUARTER SECTION 21 EXISTING ZONING: SINGLE FAMILY RESIDENTIAL (R-1) DATE OF PUBLIC HEARING: APRIL 9, 1992 DATE OF REPORT: APRIL 1, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a 5' Variance' to the 30' front yard setback for Lots 21, 25, and 26, Block 2, Engstrom's Deerwood Addition located south of Deerwood Drive and west of Pilot Knob Road. COMMENTS: All three lots back up to Pilot Knob Road and the developer purposely left the natural land characteristics (slopes, tree growth, and ponding areas) undisturbed to provide a physical and visual screen from the County road. The applicant believes a 5' • Variance is necessary to accommodate homes that will not encroach into, or disturb site features and thereby provide a backyard area. If approved, these Variances shall be subject to the following: 1. No other Variances shall be granted to Lots 21, 25, and 26, Block 2, Engstrom's Deerwood Addition. 2. All applicable Ordinances. • ESCf'TT v Q= C.• .. DO"- - CENTER iaalFr a ,m WINDC-} NE rn ;„�/ �s*vaW 5'r LN WEST r KNOLL vtnvoRT sr --- � .A.E Zo,7700E it; • 1' T OS ORD c I PGFR sw LN • 1 _ i IjY. * a�.W^� CARR RD r :� I =_ • Co RC No 30 I HO Cf. t bLF�r R�iD� f p/e-2 ..». fn /602 Deerwood Addition Variance • • 1E. i-- • _ ..t.Mite 1 -- ' DRIVE WE WM f i a M t..... JT&. • r,,..• ` •• w f P,11)414 r • i Li_i EERw 000 ,0 "iv 41111%11114 W •Ks , ' I I \• o° S cc . ao 11/111 Allitilk _ au is GSo • . 2 u • c y VS ` 0• 'lit s, ' t / J I. I. .,,Arli N = • I �• R` ,,,-----N, or . DEERWOOD PATH k.....7 s • • • s• a I: , a w • \ 11 • — •N... IN /N .f i • 0 # i • - II i moo, al IL .t� / . • ' /63 f \DIDD D2l\J� 0 2-7 1 ---) 26 ,, t 8S' qo • 25 • �/ • 24 rb *it 4gb 23 0 22 2idjj pbv • 2O . /� Agenda Information Memo April 9, 1992 City Council Meeting VARIANCE/PARKING SETBACK/NORMANDALE PROPERTIES D. Variance, Normandale Properties, Inc., a 5'Variance to the Required 5' Setback for Parking, Located on Lots 1, 2, 3, Block 6, Eagandale Industrial Park #3--An application has been received of Michael Stevens on behalf of Normandale Properties requesting a 5' variance to the 5'parking setback in an LI (Limited Industrial) District. The variance would accommodate a joint parking lot covered by a cross-easement between Shaw Industries and a future building being proposed by Opus Corporation. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on pages /66 through A' for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 5'variance to the 5' parking setback for Normandale Properties, Inc. at Lots 1, 2, and 3 of Block 6, Eagandale Industrial Park #3 as presented. • /6—C SUBJECT: VARIANCE 41) APPLICANT: NORMANDALE PROPERTIES, INC. MICHAEL R STEPHENS, PROPERTY MANAGER LOCATION: LOTS 1, 2, & 3, BLOCK 6, EAGANDALE INDUSTRIAL PARK #3 EXISTING ZONING: I-1 (LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: APRIL 9, 1992 DATE OF REPORT: APRIL 1, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Alscor Investors Joint Venture and Normandale Properties Inc. requesting a 5'Variance to the 5' parking setback in an I-1 zoning district. COMMENTS: The applicants are proposing a joint parking lot between the two lots. Currently, Shaw Industries, the tenant in the existing building at 1090 Gemini Road, has • insufficient space for semi-truck maneuvering due to increased truck lengths. Shaw is also remodeling the existing building to include three docks on the southeast side of the building. Aiscor Investors Joint Venture by Opus Corporation, managing partner and Normandale Properties,Inc.as managing agent for Kensington Realty Advisors,Inc./Teachers Retirement System of the State of Illinois, have agreed to establish cross-over easements. This would allow each party to use 30' of the others property for access and circulation purposes. It is the intent of Teachers Retirement System to pave an area 30'x 120'; there are no plans at this time to construct a building. If approved, this Variance shall be subject to the following conditions: 1. A copy of the cross-easements must be submitted to the City for record. 2. All applicable City Ordinances shall apply. • /66 • -R • r1:- (r0. RQ N r a i� w , / i'l 111. 7 // kr NE n ; 4- L z:i LOCATION "E ?�K• z ;� , '- TAMARAC i 2-- BIRCH ?T E SW� c NORWAY ?T 4-FOREST RIDGE'R.J -j 5-;RONWOOD :N. i .6-REDW000 PT. :7-SPRUCE PT. !l W LOODLE FORD '� it 1 1w—p - , \ "t I LONE OAr pOAp GB H ;_ ' ,, I , I / A ....1 r 1 . FTT ' ZONING US POSTAL 7 ,'1;x1 ' i �, L' - - SERYICF � I� - r • L' f 1`.-11. W n 7 I 1., , . k.—N Li-- 4 O fNt.elik l p ... : k � - " II '� Nos e.., ...,,e 1 I.il . (2E) \ I`7, ,. Al'ut 1.0 P.D. r. 41 L1 GUIDE PLAN le ___ IND �� • ,:i i p-, !C`.1 ! f,1 � /6 (](r y R)t• � ,er<•f i 0?KII E V3.22AC - ` / vviwt v v 5.74 Ac SHELARD 2 • 7BAC CARSON WAREHOUSE AZ 2.56 AC 1 OUTLOT 5 SCOTT 9 6.09 AC 1.67 AC ROADV 1.67 AC 10 J AC 780 a 460 8 1.67 AC 1 1 c m 728 OUTLOT 3 1 82 Ac • 0 12 203 Ac CvTLOc 4 10 •SAC p r ° 7.84 AC 9.0/ 270 . . - : > 1.0 AC 113 12 . 929 793 - - c60 LONE OAK ROAD E!XCEP 6 7 8 9 10 111213 10 6D AC 9 8 7 6 5 4 3 ; 11 11•60 AC ■ _ < < < < < < < < SAC U U U U U V U 2 2 q 2 2 gr1�36�0AC� N 3 a 3 4so 14.60 AC LATTED 3.51 AC 15.60 AC 1000 700 _700 c 16.67 AC_4.,00 EXCEPTION." 785 c U U U U L) U U U U U 2.43 AC 14 W < << < < a a a < < j N. tP, N N N N N N N N 8 1.82 Ac 15 m 17 18 19 20 21 22 23 24 25 2( 41" 1.82 AC 16 O ,00 1.82 AC 17 745 1.23 AC 18 Q 1.23 AC 19 z CORPORATE (1) 1.23 AC 20 3 M 1.z3 Ac 21 118 COMPANY „ 0 0 ,, o 2655 AC o d 3 N SQUARE 9 1 U.S. 26 25 2 23 22 POSTAL SERVICE - �EMN ROAD BULK MAIL Q 1 2 3 5 W Q} CENTER - �, zQ m Q 2 Ili 0 CL a QO v 6 75 .17 AC Normandale Properties, Inc. Shaw Industries Alscor Investors Joint Venture by Opus Corporation • UNPLATTED ill /68 • (C.) . , . • it •ii•Yillill I•+/I•N//IIf!/Y••/!•I►Y■U•YM•Y .�••I••II.Y�IIIM.MN_ I ....ri•. �•.• "i' LEXINGTON A NYE 1 If s••a:=is JC 5 5t 2t*MUrSS2s=!215=27MiZaTB=trR, aaIsOlss Vssm!lfAlsPir•T.stem=surst••!/sssepi•f•••m•o••/R/ ' soma 4. '•,••••••••••......••••••••••••••■•■••..•omm••■•••••■••■••••••••ammo..•••••••••■■••••■•••■••••••••••••••••••■•...■•••■.7.. 1-....% jrZ".' . k,: i 1 .1...._.;• / .....-------1.-"- .--• 1 irl -.7\-- 4 fl •.gr ... :4. i ill 11 Z3 1 ...--...1. ' t • t, SHAUN INDUSTRIES , - 1 / t,,, il „ .• , r. .. 1 . Fl„ .. r _ _ . • ,, - I `Future Dock_ Existng docks t f1 _ . I _.: a .1 J7} -, 14 %............" .._ . 1 �1 `it•• j ____• 1 1,,•� .'� 1 1y / I• 111 . Y it II i l :301 = , ,. 1 ii • • ■111 Mt. i t 7L .1 I ..,1 . . : 1 i.' t r I•. ., , ...„, ........- .\ ,,,i . 1 M u' p 1., ' I �' •�� 1 Future Building - .i.4 , ii ©, w Ms 1. I 11 ��L.,..L?RLi_.,�t..._...�.�_4 1- I M i r 1 • Y I —{.* 11•.4 t • . -womp$TOSS MMES.UtI.00ET®OIJ?L t & WET . LDwf•CD All LA v8T/D•f IA MT $D$'J7 PHILADELPHIA CARPETS TRIES OPUS CORPORATION Drvtrg1+OF Sruw MOU••-•-• roaa.FOC w•Ticele ncvsl rTaRSS- /6 ? Agenda Information Memo April 9, 1992 City Council Meeting • SPECIAL USE PERMIT/ANTENNA AND EQUIPMENT BUILDING/ LARSON & LITTLEJOHN E. Special Use Permit, Larson & Littlejohn, P.A.,to Allow an Antenna and Equipment Building on 10-02700-014-01 in the NE 1/4 of Section 27--An application has been received of Larson & Littlejohn, P.A. for a Special Use Permit to allow the construction of a cellular telephone antenna and support equipment building at the above-referenced location south of the Municipal Reservoir located near the intersection of Diffley Road and Lexington Avenue. For additional information with respect to this item, please refer to the Community Development Department staff report which is enclosed on pages /7/ through /7,,2, for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use permit application for Larson & Littlejohn, P.A. to allow an antenna and equipment building to be erected at the above-referenced location. 1111 • • /7o SUBJECT: SPECIAL USE PERMIT APPLICANT: LARSON & LITTLEJOHN P.A. LOCATION: NW QUARTER OF NW QUARTER OF SECTION 26 EXISTING ZONING: PARKS (PK) DATE OF PUBLIC HEARING: APRIL 9, 1992 DATE OF REPORT: APRIL 1, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Use Permit to allow cellular phone antennas and a 432 sq. ft. equipment building located at the Lexington reservoir site. COMMENTS: The applicant is proposing to place three groups of three 8' tall antenna on the existing 22'..tall water tower approximately 50' above the ground. Due to the site elevation, U.S. West New Vector Group Inc. can meet their antenna height requirement without extending above the water tower and the antenna can be painted to match the tower. • City staff has met with the applicant on a number of occasions to work out issues regarding transmission frequency, appearance and location of the equipment building, lease rates, etc. U.S. West has agreed to construct a 32' x 32' equipment building in accordance with architectural plans and materials used for the construction of park shelter buildings in Northview Park. While U.S. West requires only 432 sq. ft., the remaining 596 sq. ft. would be made available to the City of Eagan with a separate entrance for parks supply storage. The City and the applicant have also reached an agreement pertaining to lease rates and maintenance. According to the applicant, the equipment building is an unmanned facility requiring only periodic visits. Maintenance personnel is expected to visit the facility on an average of twice a month and there will be no measurable impact on traffic or other conditions. The site is electronically powered and produces no noise, smoke, fumes, glare, or odor. If approved, this Special Use Permit shall be subject to the following: 1. Antenna groupings shall match the water tower in color and shall not extend above the top of the tower. 2. The applicant shall abide by all lease agreement requirements. 3. No outside storage shall be permitted. 4. All applicable City Code requirements. / 7/ 3AV NOION1X31 0 1 I 1 f � g ;) / j 's. ' 1 • 1 ,,,,,,, • 1 1 k illiAi 1: z ,--, PC I \ 4 k.6 at 1 .? /v. -- i 1 't, ' 0 ( 1 t-,\\ \'1 . "" ' (-2,) , t . -cf,_ —t . " \ I '' CD I I, • i i ast 1 t ' 0 ti i . l iii; o g , S s v� 7, 1 Z f' g \ . • --�-' 1 / r . /7 Agenda Information Memo April 9, 1992 City Council Meeting CONDITIONAL USE PERMITS/OUTDOOR SALES OR STORAGE/ MOTOR VEHICLE SERVICE/MOTOR FUEL SALES/ROBERT ZIMMERMAN F. Conditional Use Permit, Robert Zimmerman, to Allow Outdoor Sales or Storage of Motorized Vehicles, Motor Vehicle Repair or Service, Motor Fuel Sales and a Pylon Sign on Lot 5, Block 1, Letendre 2nd Addition, Located Along the East Side of Highway 13, North of Yankee Doodle Road in the Southwest Quarter of Section 9—At its regular meeting of March 24, 1992, the Advisory Planning Commission considered applications for three conditional use permits associated with property located along Highway 13. The property has operated under a number of names, most recently Country Rod & Worm gas station. While it had been noticed as a part of this item, staff has determined that the site had been previously approved for a pylon sign and that no additional action was necessary to permit its replacement. For additional information with respect to the remainder of the applications, please refer to the Community Development Department staff report which is enclosed on pages /T./through /,a for your review. Also enclosed on pages through/'7 is a copy of the Advisory Planning Commission minutes with respect to this item. Please note that the APC has added a number of conditions not appearing in the staff report as a consequence of the discussion at the meeting. The APC is recommending approval of all three permits. A supplemental staff report in this regard is enclosed on page • /$$"for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny conditional use permits for Robert Zimmerman to allow: 1) outdoor sales or storage of motorized vehicles, 2) motor vehicle repair or service and 3) motor fuel sales on Lot 5, Block 1, Letendre 2nd Addition located along the east side of Highway 13, north of Yankee Doodle Road as presented. • / 73 • SUBJECT: CONDITIONAL USE PERMIT • APPLICANT: ROBERT I. ZIMMERMAN LOCATION: LOT 5, BLOCK 3, LETENDRE 2ND ADDITION (P.I.D. #10-44901-050-03) EXISTING ZONING: GB (GENERAL BUSINESS) DATE OF PUBLIC HEARING: MARCH 24, 1992 DATE OF REPORT: MARCH 18, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted by Mr. Robert I. Zimmerman requesting Conditional Use Permits to allow motor fuel sales, outdoor sales or storage of motorized vehicles, and a motor vehicle repair or service facility located along the east side of Highway 13, north of Yankee Doodle Road. EXISTING CONDITIONS: The 2.5 acre site is located on the east side of Highway 13 ad is zoned GB (General Business). The property to the north and east is zoned R-4 • (Multiple), the property to the east and south is zoned R-1 (Single Family), and the property to the west across Highway 13 is zoned LI (Limited Industrial). The Comprehensive Guide Plan designates this area as D-1 (Single Family, 0-3 units/acre). BACKGROUND: Mr. Zimmerman has been in the public transportation business for over 36 years. He started and is now president of both Airport Taxi and Ace Delivery and Courier Service. George Huber, owner of the property, operated a Standard Oil service station for 16 years. After retiring in 1982, Mr. Huber sold the property Contract For Deed to an individual who received a Conditional Use Permit in 1983 to operate his service station, which he did for seven years. Mr. Huber acquired the property after foreclosing on it in 1989. The previous owner had allowed substantial hazardous material to contaminate the site. Mr. Huber instituted proceedings with the Minnesota Pollution Control Agency for clean up. The contamination did not allow the property to be sold, forcing Mr. Huber to pay for the clean up not covered by the Petro Fund. The clean up has been completed on the property. Well water monitoring in the area is still continuing and Mr. Huber has provided receipts and documents regarding the clean up. When Mr. Huber foreclosed against the property, a combination of his age, health, financial condition, and the contamination prevented him from operating the service station himself or having someone else operate it. The current request for the Conditional Use Permit would allow Mr. Zimmerman to purchase the property and operate his business. • 7 • Mr. Zimmerman has looked into purchasing this property before, but the contamination of the soils kept him from expanding his business. Now that the property is clear of contamination, he would like to purchase the property and renovate the site. The renovation includes restoring the building by upgrading both the exterior and interior, replacing the windows and doors, fixing the roof, and refinishing the exterior. Plans for the interior include a new waiting room, office and reception area, as well as the actual garage area. The pylon sign proposed for the site would be located where the former sign was located previously. The base for the sign is existing. All sign dimensions meet City requirements. The parking lot will be blacktopped curb and gutter in the front of the building and a 6'high fence with barbed wire at the top has been proposed for security purposes in the rear of the property. The existing trees and retaining slope will remain untouched. Mr. Zimmerman has two reasons for wanting to move into this building. First, he wants to open an auto repair business for this area's general public. Secondly, he is planning on having ten to fifteen taxis at the property to enhance the local transportation needs for this community. He does a significant amount of business with Northwest Airlines NATCO facility, Gould Battery Company, and Cray Research. He does not intend to dispatch from this site. He intends to employ two to three full-time mechanics to work on public cars, as well as maintain the taxis. He would also like to sell the taxis once he has no need for them. • • 25- GRADING/DRAINAGE/EROSION CONTROL: The site currently drains in a westerly direction to the Highway 13 ditch. The Highway 13 ditch conveys the surface water runoff • in a northerly direction to a culvert near Alexander Road. The surface water runoff in this drainage district will currently drain overland through ditches and then through culverts to Pond CP-9 which is on the City's Comprehensive Storm Sewer Plan. A grading, drainage and erosion control plan shall be prepared and the drainage from the site shall be conveyed to a location allowed by MnDOT and the City. UTILITIES: Sanitary sewer service and water service have already been provided to this lot and to the existing building. There is a hydrant located on the southwest corner of the site which will provide adequate fire protection to the site. The applicant does not propose any modifications to the sanitary sewer or watermain services with the upgrading of this site. STREETS/ACCESS/CIRCULATION: Street access to this development is provided from State Highway 13 which is along the west property line of this site. The site currently has access to Highway 13 from a driveway opening to Highway 13 opposite the Terminal Drive intersection. Also, a service driveway or frontage road exists that heads south from this site . along Highway 13 that intersects with Letendre Street. City staff recommends that the parking lot be upgraded to City standards with the building addition. The new parking lot would contain a concrete curb and gutter around the entire edge of the lot to control where people park and to confine the drainage from this site to a proposed storm sewer. Also, the parking lot will be surfaced with bituminous or concrete as per the City Codes. • EASENIEN"TS/RIGHT-OF-WAY/PERMITS: All regulatory agency permits shall be acquired within the appropriate time frame as required by the affected agency. FINANCIAL OBLIGATION - 9-CU-16.12.91, Lot 5, Block 3, Letendre 2nd • Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. Improvement Use Rate Quantity Amount Storm Sewer C/I 5.104/sf 108,900 sf $11.326 Trunk Total ELM • • • This financial obligation is not considered a condition for the issuance of the conditional use permit. It is supplied for informational purposes. If connection is made to the utility system as a part of any construction, it will be a condition for the issuance of a building permit. l % If approved, this Conditional Use Permit shall be subject to the following conditions: 1. A 6' high fence with barbed wire. 2. A trash/recycling enclosure shall be attached to the building and constructed of the same material. Said trash enclosure shall be large enough to accommodate recycling bins and trash dumpster. 3. The existing pylon location shall be approved. Sign content shall be reviewed by staff to meet the 125 sq. ft. maximum, 27' height maximum. 4. A sign permit shall be applied for, and a sign fee of$2.50 per sq. ft. shall be paid. 5. 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' Is euLiAANT, ...... / 1 N% 1 < HI CP-I2 .1 , , ccils4I k„.„--- • - • vz,- ,... . 826.5 rilrk IC''''';',...4/5.0 / cc) .829.6 vu,tots 11%:•.:a 9,7 , . , ... o• /.• Pim 0 ) r,Roy RFT: ,, \• -, ./- 4%,"" 4 AIL---f0 .0 27":1".•• — .1 ;rini_ii'4' ii'llii-- -; art 4r) 140 -.I- . FIGURE No. 17 STORM SEWER LAYOUT • MAP . . • • CITY OF . . EAGAN /cP EAGAN ADVISORY PLANNING COMMISSION MINUTES PAGE ONE OF FIVE MARCH 24, 1992 ROBERT I. ZIMMERMAN CONDITIONAL UBE PERMIT Chairman Voracek opened the first public hearing of the evening regarding a Conditional Use Permit to allow outdoor sales or storage of motorized vehicles, motor vehicle repair or service, motor fuel sales, and a pylon sign on Lot 5, Block 1, Letendre 2nd Addition, located along the east side of Highway 13 north of Yankee Doodle Road in the SW 1/4 of Section 9. City Planner Sturm stated that the proposed use of this site will mostly consist of a taxi service with in-house repairs. There also will be some repair service that will be open to the general public. Mr. Sturm further stated that this site had previous contamination problems, but has since been cleaned up. The applicant is proposing that the building and parking lot will be renovated and a 6' foot fence with barbed wire on the top will be erected on the site. Robert Zimmerman, the applicant, stated that he currently owns a taxi operation in Minneapolis and the proposed application will be a satellite of the Minneapolis operation. He stated that approximately 10 taxis will be at the Eagan location. Employees will be Eagan residents and the proposed business will serve the Dakota County area. Jan Suzie, a representative of George Huber (the current owner) , stated that he felt the current application is the best use for the land. He also felt that the current building is an eyesore and mentioned that the entire parking lot will be blacktopped, not just part of it. Ron Miller, 3217 Donald Avenue, stated that he was present with several neighbors and had several questions concerning this application. He asked what the hours of operation would be, was the land currently zoned General Business or Neighborhood Business, and where will parts for repair be stored. Mr. Miller further stated that his residence overlooks this site and fears this application will make his property value go down. Ms. O'Keefe, 1673 Letendre Street, was concerned that the parts used for repair would be stored outside and visible to the neighbors and general public. Bob Waytulonis, 3225 Donald Avenue, mentioned his concern that there would be increased noise from compressors and other heavy equipment. He also questioned if the security lights would be operational at night. Mike Billmeier, 1673 Letendre Street, stated that he was not in favor of this proposal. Jeff Michaelis, 3233 Donald Avenue, was concerned that his property value would go down. He commented that he had a recent appraisal done on his property and learned that his property value has decreased $10, 000-$15,000 because of the current site. /23 PAGE TWO OF FIVE Bill Wilson, 3170 Sibley Memorial Highway, stated that the current site is an eyesore and needs to be cleaned up. He stated that 40 he is having washout problems from the site onto his property. Blaze Davoe, a resident of Donald Avenue, mentioned that the traffic in the area is already congested and does not need any more traffic. He is against the proposal. Jeff Potter, 3270 Highway 13, asked if a privacy fence would be erected and would the easement road be upgraded. City Planner Sturm stated that the taxi service would close at approximately 6:00 p.m. and occasionally at 10:00 p.m. Mr. Zimmerman attempted to answer the neighbors' questions and concerns. He stated that his Minneapolis taxi service dispatches over a 35 mile radius and therefore the Eagan location would not dispatch. He stated that he has never had a problem in Minneapolis in the ten years he has had his business there. He further mentioned that all parts will be stored in the building, not outdoors. The compressors and other heavy equipment will be located in the basement and should not cause the neighbors any noise problems. Chairman Voracek asked if there would be security lights to which Mr. Zimmerman stated that it is a possibility. City Planner Sturm stated that there is a proposed condition which should help alleviate the problem Mr. Wilson has been having with washout. He further stated that for the easement road to be upgraded it must be first approved by MnDOT. Member Graves asked if the property is currently zoned General Business or Neighborhood Business. City Planner Sturm replied that it is General Business. Member Griggs asked the applicant if he had a preference of a 6 foot fence with barbed wire or a 8 foot fence without barbed wire. Mr. Griggs asked if additional landscaping could be done so that the gas station would not be visible to the neighbors. City Planner Sturm responded that with the present site plan, all the landscaping has been saved. There is very few places to put additional landscaping. Member Griggs stated that he understood the concerns the neighbors have regarding the security lights. He suggested that a neighborhood meeting be held to discuss the screening issue. Mr. Suzie replied that the applicant would be willing to put in additional screening at the top of the hill and would agree to a condition on the hours of operation. Member Miller commented that 6:00 a.m. to 10:00 p.m. were satisfactory hours of operation. City Attorney Dougherty commented that the City can not force the 1 applicant to erect additional screening on the neighbor's property without the consent of the neighbors. /3 PAGE THREE OF FIVE Member Graves and Chairman Voracek suggested that a meeting the applicant and the neighbors should take place to work out *between the screening issue. This should take place before the next City Council meeting. Member Hunter stated that the present proposal is appropriate in a General Business zoned area. He requested that a condition be added that would prohibit repair parts to be stored outside. Member Gorman stated that he is not in favor of the present proposal. Miller moved, Hunter seconded, the motion to approve a Conditional Use Permit to allow outdoor sales or storage of motorized vehicles on Lot 5, Block 1, Letendre 2nd Addition, located along the east side of Highway 13 north of Yankee Doodle Road in the SW 1/4 of Section 9, subject to the following conditions: 1. A 6'high fence with barbed wire or a 8'high fence without barbed wire. 2. A trash/recycling enclosure shall be attached to the building and constructed of the same material. Said trash enclosure shall be large enough to accommodate recycling bins and trash dumpster. 3. The existing building shall be brought into complete conformance with current UBC regulations. 4 . The parking lot for this site shall be upgraded to current City requirements as a condition of the building permit issuances on the Highway 13 side of the building. 5. A grading, drainage, erosion control and parking lot improvement site plan shall be prepared and reviewed by staff prior to building permit issuance. 6. Drainage to T.H. 13 right-of-way is subject to review and approval of MnDOT prior to building permit issuance. 7. Hours of operation shall be restricted from 6:00 a.m. to 10: 00 p.m. 8. No dispatching is allowed except during the hours of operation. 9. No repair parts shall be stored outside. 10. Shielded dimming equipment shall be used for the security lighting equipment. w11. No more than 50 vehicles shall be allowed on-site at one time. 12 . No one shall take up residence on this site. All present voted in favor except Gorman who opposed. Approved 6-1. /mss PAGE FOUR OF FIVE Miller moved, Hunter seconded, the motion to approve a . Conditional Use Permit to allow motor fuel sales and a pylon sign on Lot 5, Block 1, Letendre 2nd Addition, located along the east side of Highway 13 north of Yankee Doodle Road in the SW 1/4 of Section 9, subject to the following conditions: 1. The existing pylon location shall be approved. Sign content shall be reviewed by staff to meet the 125 ft. maximum, 27' height maximum. 2. A sign permit shall be applied for, and a sign fee of $2.50 per sq. ft. shall be paid. 3. The existing building shall be brought into complete conformance with current UBC regulations. 4. The parking lot for this site shall be upgraded to current City requirements as a condition of the building permit issuances on the Highway 13 side of the building. 5. A grading, drainage, erosion control and parking lot improvement site plan shall be prepared and reviewed by staff prior to building permit issuance. 6. Drainage to T.H. 13 right-of-way is subject to review and approval of MnDOT prior to building permit issuance. 411 7. Hours of operation shall be restricted from 6:00 a.m. to 10: 00 p.m. 8. No dispatching is allowed except during the hours of operation. 9. No repair parts shall be stored outside. 10. Shielded dimming equipment shall be used for the security lighting equipment. 11. No more than 50 vehicles shall be allowed on-site at one time. 12. No one shall take up residence on this site. All present voted in favor except Gorman who opposed. Approved 6-1. • /8L PAGE FIVE OF FIVE Miller moved, Hunter seconded, the motion to approve a .onditional Use Permit to allow motor vehicle repair or service and a pylon sign on Lot 5, Block 1, Letendre 2nd Addition, located along the east side of Highway 13 north of Yankee Doodle Road in the SW 1/4 of Section 9, subject to the following conditions: . 1. A trash/recycling enclosure shall be attached to the building and constructed of the same material. Said trash enclosure shall be large enough to accommodate recycling bins and trash dumpster. 2 . The existing pylon location shall be approved. Sign content shall be reviewed by staff to meet the 125 ft. maximum, 27' height maximum. 3. A sign permit shall be applied for, and a sign fee of $2.50 per sq. ft. shall be paid. 4 . The existing building shall be brought into complete conformance with current UBC regulations. 5. The parking lot for this site shall be upgraded to current City requirements as a condition of the building permit issuances on the Highway 13 side of the building. 6. A grading, drainage, erosion control and parking lot improvement site plan shall be prepared and reviewed by staff prior to building permit issuance. 7. Drainage to T.H. 13 right-of-way is subject to review and approval of MnDOT prior to building permit issuance. 8. Hours of operation shall be restricted from 6:00 a.m. to 10: 00 p.m. 9. No dispatching is allowed except during the hours of operation. 10. No repair parts shall be stored outside. 11. Shielded dimming equipment shall be used for the security lighting equipment. 12. No more than 50 vehicles shall be allowed on-site at one time. 13. No one shall take up residence on this site. All present voted in favor except Gorman who opposed. Approved 6-1. /g7 MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER • DATE: MARCH 31, 1992 RE: CONDITIONAL USE PERMIT ROBERT ZIMMERMAN At the March 24 Advisory Planning Commission meeting, the Conditional Use Permits to allow motor fuel sales, outdoor sales/storage of motorized vehicles, and motor vehicle repair/service facilities in a General Business district were approve 6/1. There were approximately 15-20 residents in attendance and there were many that addressed the Commission. The site is the vacant Country Rod and Worm gas service station along the east side of Highway 13, north of Yankee Doodle Road. The Commission discussed at length this proposal. Major concerns of the residents included: 1. The general appearance of the site. 2. General business zoning requirements. 3. Hours of operation. 4. Outdoor storage of auto parts. 5. Lighting/security lighting. 6. Number of vehicles on the site 7. Potential noise. The applicant addressed each to the best of his ability. As one commission member stated, this is a re-development issue and many factors would weigh into the decision of the three Conditional Use Permits. Condition #1 of the staff report was changed to read, "A 6' high fence with barbed wire or an 8' high fence without barbed wire shall be approved". Also, six additional conditions were added to the staff report. Separate motions are necessary for each Conditional Use Permit application. Please refer to the conditions of the planning commission as opposed to the staff report. If you would like additional information, please advise. 1 City Planner JS/js • gE< Agenda Information Memo 40 April 9, 1992 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY PLAT/ GREAT OAKS ADDITION/ROBERT ENGSTROM COMPANY G. Comprehensive Guide Plan Amendment, Great Oaks Addition/Robert Engstrom Companies, Changing the Land Use from D-III (Mixed Residential, 6-12 Units Per Acre) to D-I (Single Family), a Rezoning of Approximately 17 Acres from R-4 Within The Woodlands North Planned Development to R-1 (Single Family) and a Preliminary Plat Consisting of 29 Lots Located West of Elrene Road in the Northeast Quarter of Section 14-- At its meeting of March 24, 1992, the Advisory lanni g Cc mission considered the above- referenced applications with respect to the Great Oaks Addition. For additional information with respect to this application, please refer to the Community Development Department staff report which is enclosed on pages /9D through 227 for your review. Also enclosed on pages 62,0s through /6 is a copy of the Advisory Planning Commission minutes with respect to this item. The AP • -c• 11 - s e's . • • • II • • • hree applications. Next, on pages // through, you will find a supplemental memorandum from Community Development outlining the relationship of the central plan to the proposed subdivision. Finally, enclosed on pages<Pl 3throughaRiSiou will find correspondence from Harry Gallaher on behalf of West Publishing Company indicating their plans for property adjacent to the proposed development. West is not opposed to the development, however. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a comprehensive guide plan amendment for Great Oaks Addition/Robert Engstrom Companies, changing the land use from D-III(Mixed Residential,6-12 units per acre)to D-I (Single Family), 2) a rezoning of approximately 17 acres from R-4 within The Woodlands North Planned Development to R-1 (Single Family) and 3) a preliminary plat consisting of 29 lots located west of Elrene Road as presented. a? SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, AND PRELIMINARY PLAT (GREAT OAKS) APPLICANT: ROBERT ENGSTROM COMPANIES LOCATION: E 1/2 OF SECTION 14 EXISTING ZONING: PLANNED DEVELOPMENT - MULTIPLE FAMILY (PD - R-4) DATE OF PUBLIC HEARING: MARCH 24, 1992 DATE OF REPORT: MARCH 17, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Separate applications have been submitted requesting a Comprehensive Guide Plan Amendment from D-3 (Mixed Residential, 6-12 units/acre) to D-1 (Single Family Residential, 0-3 units/acre), a Rezoning of 17 acres from PD R-4 to R-1 (Single Family Residential), and a Preliminary Plat consisting of 29 single family lots and two Outlots. This Rezoning will remove the subject parcel from The Woodlands North Planned Development. The site is located west of Elrene Road approximately one-fourth mile south of Yankee Doodle Road and north of The Woodlands subdivision. BACKGROUND: The site is part of The Woodlands North Planned Development that was created in June 1990 allowing for Mixed Residential uses including 12 single family lots, 62 duplex-type buildings, and 200 multiple residential units on approximately 58 acres. In September 1990, the PD was revised to allow for 10 additional duplex units in an effort to offset financial obligations to the City. EXISTING CONDITIONS: The site includes Lot 2, Block 4, part of Lot 2, Block 1, Wescott Garden Lots, and Outlot D of The Woodlands North Addition, and lies south of the existing and future Woodlands North duplex townhomes;Elrene Road is to the east,The Woodlands Addition is to the south, and agricultural land to the west. The site has slopes ranging from moderate to severe and there are several natural ponding areas on site. The site varies from some cultivated areas to significant mature primary tree growth on the majority of the site. The applicant has accommodated as much tree preservation as possible with a lot layout that is sensitive to the site's natural amenities. 40 ?() • Due to severe grades, the developer should provide the Ci ty a concept showing house pads and grading for Lots 6 and 7, Block 1, and the cul-de-sac serving those lots. COMMENTS: A single internal street is proposed that will gain access to the site from Elrene Road and run along the north side of the site before it turns south on the west side of the plat and ends in a cul-de-sac. There will be no lots to the north of this road. Two other cul-de-sacs also stem off this internal road. The R-1 zoning district requires an 85-foot minimum lot width at setback and a minimum lot size of 12,000 sq. ft. The lots proposed range in size from 13,784 sq. ft. to 67,216 sq. ft. The median lot size is 40,500 sq. ft. All but four lots meet, or exceed lot width requirements. The plat includes four lots with a stovepipe configuration. These stovepipe lots have a width of 20' at the street. City Code requires a minimum width of 50' for this type of lot and therefore, the applicant is requesting a Variance from this performance standard for Lots 20, 21, 28, and 29, Block 1. The applicant has proposed two Outlots with this plat. Outlot A is residual property laying between the internal street and the north property line. Outlot B will be developed in conjunction with the adjacent 1.3 acre piece of undeveloped Multiple Family (R-4) property that lies between the proposed plat and the R-2 zoned property of The Woodlands North along Elrene Road. Outlot A should become part of the existing and second phase R-2 lots north of the plat when Phase II is platted. ip The developer expects homes valued at a 000 in this subdivision. The developer plans to include building restrictions where applicable as a part of the purchase agreement for lots that require special.attention in order to maintain the integrity of the site. Tree preservation should be achieved with a physical barrier. Protection of trees to be saved during site grading shall be enclosed with snow fencing or other suitable material. Also, boulevard trees will be allowed 7' from the back of the curb. PARKS, RECREATION, AND NATURAL RESOURCES: Parks, Recreation, and Natural Resources staff will be recommending a cash parkland dedication and a cash trailway dedication to the Advisory Parks, Recreation, and Natural Resources Commission at its April 2, 1992 meeting. AIRPORT CONSIDERATION: This proposal does not fall within the Metropolitan Council's noise policy contours, but it is close enough-1/4 to 1/2 mile—to address the issue. Since aircraft currently fly further south than when the contours were developed, noise may be considered to be intrusive by some of the project's residents. Therefore,while we cannot require the developer to meet Metropolitan Council standards, it would be appropriate to share with him ways to abate the noise within the units by considering incorporation of such elements as chimney caps, elbows, vents, and similar features of sound environments of the units may be substantially improved without considerable cost to the project. • • / 9'/ GRADING/DRAINAGE/EROSION CONTROL: The proposed development consists of approximately 20 acres of rolling hills. Some portions of the site are wooded and other • portions have been cultivated in the past. The preliminary grading plan shows many areas that will be filled to construct the proposed streets and house pads. The maximum fill shown is 16 feet and the maximum cut is 8 feet. -The preliminary grading plan intends to protect the existing trees on this site and to utilize the high spots for house pads. The low areas on the site will be used for ponding areas. Drainage from the proposed streets will be directed to two low areas which will be converted to ponding areas and included in the City's public storm water system. Pond JP-14.2,which will located in the east central portion of this site, shall provide 0.2 acre-feet of pond storage volume to allow a maximum discharge rate of 1 cfs. The drainage area that will contribute to Pond JP-14.1, which will be located in the center of this site, will require a pond storage volume of 1.9 acre-feet to allow for a maximum discharge rate of 3 cfs. The 12 inch outlet pipe for Pond JP-14.2 shall be constructed to drain into Pond JP-14.1. The 12 inch pond outlet pipe that will drain Pond JP-14.1 shall be constructed to the normal water level of Pond JP-14. The alignment of this storm sewer pipe shall avoid the oak trees in this area. The normal water level of Pond JP-14.1 should be set to protect the existing trees along the east edge of the pond. The preliminary grading plan needs to be revised in the northwest corner of this site to allow for the construction of Pond EP-2.3. Pond EP-2.3 is designed to handle the runoff from the duplex area of the Woodlands North development. The pond shall be sized to handle a wet storage volume of 2.0 acre-feet and a pond storage volume of 3.2 acre-feet. 110 The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Manual Standards. WATER QUALITY: This 17-acre single-family residential development lies in the upper reach of Drainage Basin J. While there are no recreational classed water bodies immediately down-drainage, Fish Lake lies at the lower end of this drainage. Fish Lake does • not meet the Direct Contact Recreation water quality standards set for it in the City's Water Quality Management Plan. On-site ponding to meet water quality standards is both desirable and feasible for this site. Analysis using the City's water quality model indicates that the developer will be able to use two natural depressions on the site to create ponds that will meet treatment standards. The larger of the two depressions, Pond JP-14.1, lies in the west central portion of the site and will be shaped to provide a minimum surface acreage of 0.3 acres and a minimum wet pond volume of 0.8 acre-feet. The other depression, Pond JP-14.2, lies in the east central portion of the site and will be modified to provide a minimum surface area of 0.13 acres and a minimum wet pond volume of 0.31 acre-feet. Both ponds shall be constructed according to NURP standards and the pond design as approved by the City. This recommendation is subject to approval by the Advisory Parks, Recreation and Natural Resources Commission. /q 411) UTILITIES: Sanitary sewer of sufficient depth and capacity is readily available to serve this development in Elrene Road. The preliminary utility plan shows an 8 inch sanitary sewer line that will extend through the development to serve the 30 lots of this site with the exception of Lot 24. Sanitary sewer service is not shown to be provided to Lot 24 which is located in the southwest corner of the development. Lot 24 shall be platted as an outlot until sanitary sewer and water service and improved street access is provided to the lot. Water main of sufficient pressure and capacity is readily available along Elrene Road. The preliminary utility plan shows connecting to the existing 16 inch water main along Elrene Road and extending the water main through this site to serve the proposed lots. The City's Water Distribution Plan shows a 16 inch water main that is required to be extended through this plat from Elrene Road to the west property line. The 16 inch water main will be a trunk water main and the developer could have this water main constructed through the City's public improvement process. City staff recommends that the water main on the west end of the development shall be connected to either the existing 8 inch water main in Woodland Trail to the south or the existing 8 inch water main in Trails End Road to the north. Either of these connections will provide adequate looping and fire protection to serve this site. The utility plan shall be revised to include sanitary sewer and water services to Outlot B and the exception to the Woodlands North Addition that is owned by the Obergs along the north edge of Great Oaks Trail. The services will serve the future lots that may be developed along the north side of Great Oaks Trail. According to the preliminary utility plan, the sanitary sewer in Great Oaks Trail in front of Lots 15 and 16 will be approximately 30 feet deep. The 8 inch sanitary sewer and service risers in this area shall be constructed with DIP materials for any depths that will be greater than 26 feet deep. STREETS/ACCESS/CIRCULATION: Street access for the proposed development will connect to Elrene Road which was upgraded to an urban section with concrete curb and gutter by the City in 1991. The final lift of bituminous wear has not been placed yet on Elrene Road. The preliminary street plan shows construction of a 1,600 foot long cul-de-sac with two other cul-de-sacs branching off of this street. The street plan does not show any connections to Trails End Road along the west edge of the plat. Access for Lot 1 is shown to be provided off Elrene Road and access for Lot 24 is shown to be provided off Trails End Road. Platting of this development will require the upgrading of Trails End Road to an urban section with concrete curb and gutter. If the alignment of Trails End Road changes as the areas to the west of this development develops, then Trails End Road would not need to be upgraded with this development. Then the old right-of-way of Trails End Road would be vacated and included into the lots of this development. The preliminary street plan shows an entrance island at the intersection of Elrene Road and the proposed street of Great Oaks Trail. Also, islands are shown in the cul-de-sacs of this development. The developer also plans to construct an island along the north edge of Lot 12 to allow for motorists to turn around and to break up the straight alignment of Great Oaks Trail. All of the islands shall be constructed and designed to the City's standards as • shown on the City's detail plates. A concrete valley gutter shall be constructed across the intersection of Elrene Road and Great Oaks Trail. The preliminary plat and preliminary street plan shows that Great Oaks Court, the cul-de-sac in the northwest corner of this site, will be constructed with dimensions smaller than the City's standards. City staff will recommend that the preliminary plat and preliminary street plan be revised at the northwest corner of the site to allow the design of the lots and the street to meet the City's standards. If the design of Great Oaks Court cannot be designed to City standards, then access to Lots 28 and 29 could be provided off Trails End Road. • EASEMENTS/RIGHT-OF-WAY/PERMITS: This development shall dedicate all right-of-way and easements necessary for the construction of the streets and utilities to serve this development. According to City standards, the right-of-way for cul-de-sacs with islands shall have a radius of 65 feet. If the cul-de-sac does not have an island, then the radius shall be 55 feet. The storm sewer pipe that will serve as the outlet for Pond JP-14.1 will require an easement from the owner of Lot 3, Block 4, of Wescott Garden Lots depending on the alignment of the storm sewer pipe. Lots 29 and 30 in the northwest corner of the site should include the entire area of Pond EP-2.3. The redesigned lot lines of 29 and 30 would extend to the north up to the preliminary plat of future Lot 40 of the duplex portion of the Woodlands North. This development shall be responsible for ensuring that all regulatory agency permits (MPCA, MWCC, Mn. Dept. of Health, etc.) are acquired prior to final plat approval. FINANCIAL OBLIGATION - Great Oaks 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 Water Trunk S.F. $750/lot 18 lots $13,500 Storm Sewer S.F. .069/S.F. 31,663 S.F. 2.185 Trunk Total S15.685 There are levied assessments totaling $39,284 on the parcels proposed for platting into the Great Oaks Addition. In addition, there are pending assessments totaling $458,493 on those parcels. These pending and levied assessments will be apportioned to the developed lots and • remainder of undeveloped parcels. 9Z CONDITIONS FOR GREAT OAKS ADDITION • 1. These standard conditions of plat approval as adopted by Council action on July 19, 1990 shall be complied with: Al, B1, B2, B3, B4, Cl, C2, C3, C5, D1, El, Fl, G1, and H1 2. A copy of the Homeowners'Association Covenants shall be submitted to the City Attorney prior to Final Plat application and recorded with the plat at Dakota County. 3. A Variance of 30' to the width of lot access for Lots 20, 21, 28, and 29, Block 1, shall be approved. 4. Concept plans for house pads and grading necessary for Lots 6 and 7,Block 1, and the cul-de-sac serving these lots shall be submitted for staff review prior to Final Plat application. 5. Tree preservation shall be achieved with a physical barrier prior to any site grading. Tree preservation areas shall be shown on the final grading plan. 6. Boulevard trees shall be allowed 7' from the back of the curb. 7. Outlot A shall become part of adjacent lots in the PD R-2 property to the north when Phase II is platted. 8. Pond JP-14.2, which will be located in the east central portion of the site, shall provide 0.2 acre feet of pond storage volume, a maximum discharge rate of 1 cfs, a minimum surface area of 0.13 acres and a minimum wet pond volume of 0.31 acre feet. 9. Pond JP-14.1, which will be located in the center of the site, will require a pond storage volume of 1.9 acre feet, a maximum discharge rate of 3 cfs, a minimum surface acreage of 0.3 acres and a minimum wet pond volume of 0.8 acre feet. 10. The proposed grading plan for Lots 29 and 30 and Great Oaks Court in the northwest corner of the site needs to be revised to provide a wet storage volume of 2.0 acre feet and a pond storage volume of 3.2 acre feet for Pond EP-2.3. 11. To improve fire protection and looping of the water distribution system to serve this site, the water main on the west end of the development shall be extended to connect to the existing 8" water main in Woodland Trail to the south or to the existing 8" water main in Trails End Road to the north. • /9s 12. Platting of the lots along the west side of this development will require the • upgrading of Trails End Road to current City Standards along the entire westerly edge of the development. 13. The plat and street layout plan shall be revised at the northwest corner of the site to allow the design of Lots 28, 29 and 30 and Great Oaks Court to meet City Standards. 14. The platting of Lots 29 and 30 in the northwest corner of the site shall extend to the north to the future south line of the proposed duplex lots of Woodlands North. 15. The development is required to provide a ponding easement across proposed Lots 29 and 30 for Pond EP-2.3. 16. Since sewer, water and improved street access is not proposed to Lot 24, it is required to be platted as an Outlot. 17. The normal water level of Pond JP-14.1 should be set to protect the existing trees to the greatest extent possible along the east edge of the pond. 18. The development is required to clear all ponding areas of trees below the normal water level of the pond. • • 1 STANDARD CONDITIONS OF PLAT APPROVAL • A. Financial Obligations , 1 . This development shall accept its additional financial obligations as defined in the staff 's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rivbts-of-Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development . of adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development• shall dedicate adequate drainage and pending easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1 . All public streets and utilities necessary to provide • service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2 . A detailed grading, drainage, 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. • /Y7 STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO • 4 . A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency.. F. Parks and Trails Dedication • 1 . This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Water 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. H. 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 *2 411 / ?E' _ . .. . I . it .z. _;;- -.-•:-I[L, ---------- - 1 ,i ; - - 11- --), -ill • .., 1 • • ! , ..orff,4at' ' I NW ,1 0.:.1.- ..■.,i `,...10-...>: •'.'‘','Lik . II .— .■ .\ LOCATION 1,1 .,,_ ■N\ I 1.1, ,_1 "'" '''' , d., -ii4la ,,). \ , „,-, - .,iik il „ . ___^ ,.,h, \,s iit'4" , e.:.,,,_A,311,.,.,v;tsi,,, • '', i --i'* 1 'Li,„:- ii,, .)' ' . i',57,;./se ,di.• ,_, .g.A„., PI 11 .;./ `ti,?) ‘ . i 1 .4'.ye ...,,t. i .„ . .•'1 , Wilel h 0 : L'il.ly." 'IfItIoN, .).4 .) L8- .....f.,a I •-i" 4-‘, ' /.1. :t' •1. % ' f:;i: AIN'T"' L•hlilAl.t. 1 1 7; 710:' A i.‘. wi t s A _,' 'I-1.r :,• . • . cot F \ ‘ ,uURSt ,-,./111, it.%.'' — R-01 ' '',.'''''.' ' ''. -1.:,• ..1 ZONING ,.,44.:1,,,,,. II riq.: P ii..''-. . 0 ...- .-•.; -'_.c..L IT .• • - • *t.M...il If . .. ■ .: j. . .:A , , , • ... . , :,::, ., ,,, -.1 - .'• .•.. ,/. . , !4 -.ty:4 . . I '. --: t--1,1 1- i P i' 11 1 l' ii . I -44. ■.1 1,li -- _ • • . ,..L Ti b15-4 ' 7 . : 44 , D-IV D.-III ) IN PF -. L. II GUIDE PLAN 71 - 1 1 : 1 ) -/ i• 0-I P V l:. (• I. - - \lit ' /1 f . \ D I PF I CI ). - ::-• I ?? ___ 11.__________.__ YANKEE DOODLE ROAD - _- - (L ' � f --- — --- — illy "' '1t1'1( Y - 1 1\c-, —:__ ►mod i� izi---- _-_ WEST PUBLISHING iv ,,, • ., 1 _ _ ., ..,, ,., , , , ‘ ? , i._ . ./ , N , -, -•. ,.\ L, 1 1 :, ',,il O \`` /i" �'. c� i` lf� l la r Iii 6 -1 \ - . Y , 0).---7--" . 1 � 0� 7 I -1 " i ,--------- ----i-S)-2/ } ii- / - 1 it „ 1 _ 1 % .1 ,_ .__ ..... _ 1 , , . . 1 . . . 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N , / s...,, ;77,, / 6/ / , . ...,.... / / , .4. , ,, ., , --, n ,..._ . / / \ / / ., --- \I ,, IN) P i I ,f,,/ lgi i , I 1 ,1 '3, , 1 't ---;,.. ;-;‘, 7 ---I 0 Z < / / / V / / < i '-- ) , i I ' \,.\ -- 'e I / '1---s\ .-- . 1 .1.. . ....i:: t \..., ' '2, . x ■ t• . • v. -- ■• --'''."-r ------v- .) _J _ _ '- CF! -S 1 i ..,... . :! -..• :$ - ------\I\...,-".,..- --- _.-"' "°:-.---1-------- ------- -----i 71 . .... -- _..,•°.....------ >,5-- . _.--- ,...--'''...------0.--,.---- , ----- c)03 PRELIMINARY STREET PLAN ROBERT ENGSTR• • •MPANIES GREAT OAKS • 18121 893 - 1001 ! If1;111.! EAGAN, MINNESOTA -.. -Is`l •s„, r-.{02 B ft W S.C.,. UMW,XXV REVISIONS: ;illy" -- _ 1.(5555 S)_■Ar. 7CC 95599 ME'S *VOUS vs 5SsI5 S.2,1,0-0070 • Irck._ \_ <.•A-. a. N 0) CO N $ N I 1 N - ', rye. ' tli ••`fib ' ?e -, /: 1 ' 2440f ■ I 1 (JI-"!£41.1...1,, i. :1 o _ i I : N I, O ? j N 1 I W 1.n. •�°.V___ /� _j 1 / ,1 / 4 co N I f'1� _ 4 i \' ; , - 7, •,,/ • • ,, .ca alb / . / / E J` / gym. J"'�/ X �/w /V / • e' y \ / a , z • U / / / r.....,, -'-''-----7%.,!ti\\ ;" 1, PVC N _j''-� � ---emu se :.r sss:ter+"_ ss ` N�-w+_e--- -� I 1 m •• r -- . W� : d / Q / F si ` ,D O PRELIMINARY i UTILITY PLAN ROBERT ENGSTROM COMPANIES GREAT OAKS i g t x111211; 18121 893 1001 6 .; ' 1:[1'_11? W :7.,,;: EAGAN, MINNESOTA 41 2 C , s a J c r J -. 1 xsm REVISIONS: & - i I 1 1gt • Q K 0 0 . , - — ...... •".- • - . ... . , .... ...._- . . 1 ---------- co - to r.) , • I . . . 7.2. ts.) ... ------- I_ 10 0 / ......-.011111°114 Itka '•--.4 s'-'.•, 41 "1 ook / /, ,lila' -\,, ,b s',`7/. ': '• K A ' , e 4■ Ni'S '‘'. ,9, Itb*,l ___,,:.■10,*- ,--/.. - AO ,r v -----. , J ‘ _. . , Nilli41- I/ • 4,0Lid .„,.---- _ fill ------- ry 411 1:till L, .L F 7 1 0, • ri__ - 1 .2 ---- -\ kiteirt \\ t 1 ___ _____ _ ,,_ _ .. 4N. .. . / _ r\\\\ ....-- -... I li (--.".." --"---7-4747- iillk ,- _ , " , ,,,, ........, ....„, , „, ,- • --., ‘ NI ,, -. , , .- ;,11 _ ____ _ , ,-... ■,\ 7 , ,,,, ',,...‘e. '''!---F-'("'. :\\11 ; 4.1■, ati ........4\iwa, , .r -_ -N -s, - r- ......' '■17-N / / ' „ ,a• s',„ ..., . .,, .,--., • ..‘ x z / .' /- . i \ c,,4 , ' - '',./ ' / V / / -----, ' 4 ) ., --4 - \ / — —..Z---/ '/ -."'" / ''' y I / -----::"—_■_,.., ----1--- titA- -,.411,?., r"---- _ -1 01 , - ......--- .._ ---- .-...:!-- - /_.',..,- —___-_-- - -_ ---____:--%-- - . i o - .\--. • (..7, .,. ., ....•...„--_-_,..7.,,L.-- < - V1 .;:' ; ' --r-re:.:..--___,„------'--__--•-•"'IVO .#' -..._ - .......-- . _:____-----"--------- ,.,. ' ----:-;:>"--„---. ...:>,....5-„>7.....,,-;„„....--_;;;-............,4„..- ----\\\ 8 F c7......) . "1.„....--;0, ....,„../....%.7 • PRELIMINARY GRADING & DRAINAGE PLAN ROBERT ENGSTROM COMPANIES GREAT OAKS II k Miii 18121 893 - 1001 ,,,I.■ •Iiltii: .0.ftnot EAGAN, MINNESOTA • 4 :,,•jui Iltaw5i0001.,C. IN.Kr., VI;I 1 ut R.. w -..- REVISIONS: 11- iiii;I: ' " ',` • •IIIII — ,...,,..E.SO,•RE 700 7.1•L 31•71,i a.04.0,.55,5 V:'370-D070 • Li 7.-"' ■ • I 4' 4-1' - . I :::-; 6.- tP-• „ - 9 I . P- 846.5 ''' , - ;• :04.3 Ilit,i8 . 9, i''' . .bP149 ;;•,..44, 856.0.1 I pl-''''..,.._ IE 82-.13' 0,?.•*1 .11,711\r".7?-17 : . , 1 i smigil. 855.0 . 0.......... ---85g • T dli r ' __ ...I b '- '' P' • At*- 1‘‘L ,-( . 1 . 7D 882 0 0, Jill se. - ,r-2 E .1 ■ :,2074 ..rIr) r. DP-1 1 . II : 9.0 857.3 856:0 1 1 I 1, It. L... kpili: m '''' • 866.51 FE: ____ 864.0 I . -- .) 11111111111P tla sire--14., . 1- ' 838.3 876.3 : c 855.4 ,..'t,/ 877.2 I -4 I Y / NO 5 _ _El EAGA INDUS• 0 . - ADD. 5.Q L.S.-7 ! 31 D-s r ) g 42" • 416.17.1.8 . - ='Df=';10 ' f • ,-27- if 14■8' I AreisTim - Nis,,.., - -4 II _ L 4 -I - --848:9“ DP14.4% 11-- 4{/'4_ ,•,_ ... .a_ _ WiDP-20 :;•',-.1p_ c;r: Hit 862.81 858.3 .w ' L 1 iii.:- HILLS 901.0 .\ -11,,,,, 0 i.____ 862.8 - -ill- - /7 i hi \ 904.2, '11 l'-'' . II:. ., rp%' * ,■••''' -i ■ g ______/ -- --'-'°"1-; ...\,...„1 76162,(1E ........_........._8037 - A 870.0 875.5 1 • • , \ - .1 15 ik, Ap t,oL.r Pr 14 • _ -■ D8P8211.10 9 SE DA P-2.1 ---1-- .0 895.5-1 ,.• : -- 873.0 . •664. ---- 50.0 \ JPI 6 si f ,,,,,ApF,' le-...___-v J'ZIP,42,.1.1...L.6'1'X'8g.•2•..3' 870.• ii 4. P- 3 . ,,-.} \•• ••,,, "8.92. . I...........46. Nht ouwilioll n i v, rl.8 . 88 7794..47 K) J.96 98P6-611:0 -000. JP-59 _r-,:44./.9._ __.n- - ;••• A.. 11; 2*4.34 :21Zt 31' T.-INS _715772 II : JP-45' 1 -8819 8 • Ecips ■„.2. 88..(., ' ' ••• 12" ""..-"-° . ;886.7 ; it 893.0 1' ,,-r 8§4r). •17-UP-42 -* elmoili • -\.,.k WESCOTT I_ .•. ',•\,,•,i8...9i,1.5 ';1 8P95-769.5 25.5 'f".' 897..3 2 889808..0 0 •.. -4r .$,-,- - , . ISA T ATA . e JP32. JP-18 N , z). lititavO.,* /ft;r4400?8 ,6i.e. V cy744 :7 Wit 868 690.0.0 1 ..r-o _ .7 •„ 900.0', ,, ,',1 , ...;.,881.8 . - „ . •, .c., - ;.. .\1 i*c.) . ..,;.t.'‘ '892.6 12" 6 • - , , ' 1 12. 7 %I P"' 3.4t. 7.'1 4111' 'j .F.;ere : ' / )'"1A I 1.) ,s..4 899 7 . '0 - .,v PteA pr, Fai-" P- • \ ' .-A"::: '7.. 4-'-', 1DD 9010'OP-32.1-P3:,5•9 -,.,-.•P141,-.31. •-:„. - ......il' . /,‘IP•439,:ti,4 am. L'., . ' sl W bp,%.• 'IF#P6.,\ ,Z01°''; -- fT.-- - - .,.!N.900.6 co, :4,,,,,,. .,.. , „ i • • -\\'‘.'•';88 .0 8300 a ''''' ''- ' : ., • ' '-'41. if: 6' .-1,#,8•_4z; , ,j- ri:j • 1 i J .1- C-24_ b i 1 E-:?-1.:cLgyilo.,-45,jp.' !,.to.' 3,r I8 INti4 1 ft J-111 . S k r Trai g ., - _1_, 14--- -7.70.,,, r_ .,_.804,0-•a.1.b. "7 7 i A; ., .- fil I 1. - f -10:1-1973°1--*'.'- ;1' - 7-‘1P.'80711r-,-1- ). .16";,--,:rT \ •-•,:jJ la !',.89/.9, v'°'•`"IL"a2 :87 <3.211‘ 874.0 , ,j (2898 0, ',Na•.•?V_V-,.).--.._,•I - -71 ,.- 1 li -,t•1 , t,'.880..5-114,-, _ • JP-58 - 9026'A/304 0 71--7.1-tP? • '-10 ■'' 8/.1. .'Y,. MI. , .! 'ci.'i..::::': '- :- JAP 30 2b1„ 41; .Aj-,- 1,>" i• 1.,, ii,I,,1.6...,. ‘ ,1,,-1 1(. 8 3809./ 877.5 20.8 1 1 j- ■1 1%-. .7.p 30 0 ,,• l 7.,..: ., ,i i j1 lir!Ill,.,i,..YY,-.1:-:,.2.0 4 f :, !i ', .1 ■ :. : '''‘ I'' '-•2;/...) ' , ,(, .11. r7-- i; ... . „ JkiAtT71 : +/....,,„ • . ' 't ' :t !".*51 'I ' , '.•' .,Iji''''':'1 .',,',1‘.1 tsr,\-4, 882.8 ILI s\21 ';',4":::1 , • 1--,,L.L4L, •X-71.884.0\.,'', (r,N. :) tili:: ,z".1. ' i:1'.:07:ill 79-4157,v , 1 ''7 \--.,, ,_fes•,,.:5:15 LL.Y--1,1g,111.11!-il,.'...1);\, fat y:_, i4,,..,, s, JP-20.1 '` '---''&') (17 \1 sPID1-51361.3-:' 4'13~9-41." " 884.0 -' / f r" \ r'' .1/7,,,, JP-54 888•st. ',,,--, ,ics . . . FIGURE No. 17 STORM SEWER LAYOUT MAP • • . . • CITY OF E A G A N 4, • . • aci E i d'ili.- 03/113 3 d :sr+o s�3n 111 , # ; rlOS3NNIW `NrJr3 • t00t - E68 IZ191 flit!'j1 II • • e I i "s S)I V O 11131:10 S3INVd11100 1.401:I.SDN3 11d38011 lrld AkIVNIW11311d Ii ! �r � 4 a / � ;+ "'i.. a4-=_' 114 Ili ill ' 1` ?^ �8 Rixsya og i ,5,:-2 ° / / I1•.1 2,1 r _ /SI e._,4 I �. �a1 a o / / ►- 1 ■ 'mil I1c le:,,.: 1 �� : 7 ' / ai ; la if ,.,e / / ) R .it \ i•O ELRENE - 1 I t- / o — •16 w .- , 7 si ' " / \ is ; 7� I / , \ \ X 1,_,..(-4 ---,/ /\ ^/ N { ,k • is e. `4...\. 4 ■ \ \\ \/ \/ r V - .: *C- - t : i f 11.,---�c ` /—■ 1 - / /- 1 - y° €d RE `^J i cal .! 11 0 J \\> *O I W Y 9./I PC ../ I\\4 '4 \\ / m4' • o zf- \ i 1 \\ 1/ a— _ �V !i l -J nor —;� a,/ f \ \ —r /� L I tf pti tL_ // \ - T' c' V� \\ I 1 ,. ,, i�•—- r=__-1/ \\\ • _ rod,,\t \\, I - 1- a , I \ I I ' I I : • .../ \••••\ •':.___ 2 9 '/o, - ,p-) .'.o •�`�� c ,//: \\43 �f I •° O \ / • \ Q SO6••35 39•E 0& 7 •�--' \ I Cr W; c \ c. � cn 3 •fie.d \ CO cc 2 �� `: : 'xr =:fA f s //� • e 1 I is :1 Q 3 to z fit'`.is :1:> 't`: ?s - 1( 2 \\ I I _ !_ I V Z Sz SOS Z W • I . 3 •EO•LO•00 S ....... ...... 1. :.::_ Z z Hoole •l 101 I I - E )430113 •1 l�l • c,9_07 EAGAN ADVISORY PLANNING COMMISSION MINUTES PAGE ONE OF THREE MARCH 24, 1992 • GREAT OAKS ADDITION ROBERT ENGSTROM COMPANIES Chairman Voracek opened the next public hearing of the evening regarding a Comprehensive Guide Plan Amendment changing the land use from D-111 (Mixed Residential, 6-12 units/acre) to D-1 (Single Family) , a Rezoning of approximately 17 acres from R-4 within The Woodlands North Planned Development to R-1 (Single Family) , and a Preliminary Plat consisting of 29 lots located west of Elrene Road in the NE 1/4 of Section 14. City Planner Sturm mentioned that there are four stovepipe lots proposed in this application and a variance will be needed. He further stated that City Staff is very excited with this proposal. The site plan was done very carefully and was sensitive to the current landscape. Mr. Sturm also mentioned that a discussion regarding the proposed outlots and how they shall be platted will be held prior to final plat submission. Robert Engstrom, the applicant, stated that this application is an extension of the Great Oaks area and they tried to retain the character of this area. He stated he was available to answer any questions. Member Graves stated that this is a quality proposal and what he lexpects from Engstrom Companies. Member Griggs agreed with Member Graves and mentioned that he approves of the low density. He felt that there was nothing to disapprove of with this application. Chairman Voracek requested that condition number 2 be amended to state, "A copy off the homeowners' association incorporation bylaws and covenants. . . " He also stated that this was a quality development. Griggs moved, Hoeft seconded, the motion to approve a Comprehensive Guide Plan Amendment changing the land use from D-111 (Mixed Residential, 6-12 units/acre) to D-1 (Single Family) , located west of Elrene Road in the NE 1/4 of Section 14. All voted in favor. Griggs moved, Hoeft seconded, the motion to approve a Rezoning of approximately 17 acres from R-4 within The Woodlands North Planned Development to R-1 (Single Family) , located west of Elrene Road in the NE 1/4 of Section 14. All voted in favor. • g2cg PAGE TWO OF THREE Griggs moved, Hoeft seconded, the motion to approve a Preliminary Plat consisting of 29 lots located west of Elrene Road in the NE 1/4 of Section 14, subject to the following conditions: III 1. These standard conditions of plat approval as adopted by Council action on July 19, 1990 shall be complied with: Al B1 B2, B3, B4, Cl, C2, C3, C5, D1 El, Fl, Gr and H1 2. A copy of the homeowners' association incorporation bylaws and covenants shall be submitted. to the City Attorney prior to Final Plat application and recorded with the plat at Dakota County. 3. A Variance of 30' to the width of lot access for Lots 20, 21, 28, and 29, Block 1, shall be approved. 4. Concept plans for house pads and grading necessary for Lots 6 and 7, Block 1, and the cul-de-sac serving these lots shall be submitted for staff review prior to Final Plat application. 5. Tree preservation shall be achieved with a physical barrier prior to any site grading. Tree preservation areas shall be shown on the final grading plan. 6. Boulevard trees shall be allowed 7' from the back of the curb. 411 _,� ,� Outlot A shall become part of adjacent lots in the PD R-2 —' ` property to the north when Phase II is platted.-` �Y - SS°c . . 8. Pond JP-14.2, which will be located in the east central portion of the site, shall provide 0.2 acre feet of pond storage volume, a maximum discharge rate of 1 cfs, a minimum surface area of 0.13 acres and a minimum wet pond volume of 0. 31 acre feet. 9. Pond JP-14. 1, which will be located in the center of the site, will require a pond storage volume of 1.9 acre feet, a maximum discharge rate of 3 cfs, a minimum surface acreage of 0. 3 acres and a minimum. wet pond volume of 0.8 acre feet. 10. The proposed grading plan for Lots 29 and 30 and Great Oaks Court in the northwest corner of the site needs to be revised to provide a wet storage volume of 2.0 acre feet and a pond storage volume of 3.2 acre feet for Pond EP-2.3. 11. To improve fire protection and looping of the water . -> distribution system to serve this site, the water main on the west end of the development shall be extended to connect to the existing 8" water main in Woodland Trail to the south or to the existing 8" water main in Trails End Road to the north i c ^��, • 12 . Platting of the lots along the west side of this development will require the upgrading of Trails End Road to current City Standards along the entire westerly edge of the development. CCD 9 PAGE THREE OF THREE 13. The plat and street layout plan shall be revised at the northwest corner of the site to allow the design of Lots 28, 29 and 30 and Great Oaks Court to meet City Standards. 14. The platting of Lots 29 and 30 in the northwest corner of the site shall extend to the north to the future south line of the proposed duplex lots of Woodland North. 15. The development is required to provide a ponding easement across proposed Lots 29 and 30 for Pond EP-2.3. 16. Since sewer, water and improved street access is not proposed to Lot 24, it is required to be platted as an Outlot. 17. The normal water level of Pond JP-14.1 should be set to protect the existing trees to the greatest extent possible along the east edge of the pond. 18. The development is required to clear all ponding areas of trees below the normal water level of the pond. All present voted in favor. • 010 MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR FROM: JIM STURM, CITY PLANNER DATE: MARCH 31, 1992 RE: GREAT OAKS ADDITION At the March 24 Advisory Planning Commission meeting, the Comprehensive Guide Plan Amendment, Rezoning from R-4 to R-1, and Preliminary Plat for the Great Oaks Addition was approved unanimously. This site is the 17 acres north of The Woodlands and south of the country-style duplex homes. It was zoned R-4 within The Woodlands North Planned Development in 1990 allowing 200 units. The design goal was to create an "upper end" single access subdivision with all homes priced above $240,000. Lots would be individually graded in an effort to save as many trees as possible. There was very little discussion by the Commission,most of which was commending the applicant on previous projects. There were • several residents in attendance, however no questions were raised. Please note the area conceptual plan was prepared at staffs request so the remaining areas of the Wescott Garden Lots would not be excluded from comprehensive development of the area. This plan should not be taken as anything more than very conceptual since the property owners were not included in its preparation. I have met with several of them to discuss options for potential development. If you would like additional information, please advise. V City Planner JS/js • (9/7 YANKLE UOUULE ROAD r -----r— ---% *• ?.. LL--.------- . . _ _ ___H ' .,. .."...: •;_g; • -- /A 4iiNi_____ ,..), 1U,. ...__, 1 ,Iiitt( - ra ,4_61 / I— ' ' • .. .':</ . \ / - • •_I L - - , -(Qii__\.- , - • b. - )0 • - . 0„.K.- g . ---- L. '/a • , \\ - / I \ _ - \<_ -4' 7' . --- / 1 $ / , 7--\, \ r__ . , . * res-et-e /. . , .1... \ 0 >.... / ..., a . , 7 - N , .. - . - / . t ig 4____L_....L_L,/ ( ,,,. -, 40, i , —1-1-1--Th ..-.. r • <,-- \:',-, -' / I H - i i , ; —. I u____.)7 i , , T—F..-r\ "-irrle. -- r- 1----- I i . ,. . ./ /ii 9 0 1 I r (.74 .7- , , . \.........- 1 1 i /,I I. ■ • • 7 \ ItC. \,- \ • --1 '' )j p 4 i. .' --- -------( C ) \ ' \ I— / 2-,:=--------,. 7 71- \. is /- --------/- \ t. yz ,,, ;7(../ • i. i 1 // ./i- ■ • .,./..' )----A ' 1 ! 1 I \ \ ---------,\ , • - .. . . . \ (.., • , / ,, 74,, N. , . //„ _..,... , \ . '.. r . r--7( ---) ••, ,.._...--.- 1 . 1._ \ -A, 1 \ \ Vz i• -(A ) 11 ) L r -u 1 ).) (1\\ • i L WECOTT ROAD 1 I. O P P E R M A N HEINS & PAQUIN VANCE K.OPPERMAN ANDREA J.KAUFMAN ROBERT J.SCHMIT JOSEPH M.MUSILEK ATTORNEYS AT LAW JAMES E.SCHATZ ERIC L.OLSON 2200 WASHINGTON SOUARE _ SAMUEL D.HEINS BARBARA J.GRAHN JEROME F.PAQUIN KEVIN M.CHANDLER • 100 WASHINGTON AVENUE SOUTH RICHARD A.LOCKRIDGE JOHN A.TAFT MINNEAPOLIS, MINNESOTA 55401 AUDREY L.ESTEBO CHRISTOPHER K.SANDBERG CHARLES N.NAUEN HARRY E.GALLAHER TELEPHONE 16121 339-6900 H.THEODORE GRINDAL DANIEL E.GUSTAFSON LINDA L.HOLSTEIN WILLIAM A.GENGLER FACSIMILE 16121 339-0981 - W.JOSEPH BRUCKNER CLIFFORD M.JOCHIM BRADLEY W.ANDERSON HENRI G.MINETTE PATRICIA A.BLOODGOOD KAREN M.HANSON 1300 I STREET,N.W. MARTIN D.MUNIC KENT N.WILLIAMS EAST TOWER,SUITE 480 OF COUNSEL JONATHAN W.CUNEO' WASHINGTON, D.C. 20005 JAMES J.SCHWEITZER' TELEPHONE 12021 962-3850 •- FACSIMILE 12021 962-3861 '-� -PiTTEC IN O.C.ONLY April 1, 1992 � y �1 D' I' 2 Mr. Thomas Hedges City Administrator U City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55121 Re: Robert Engstrom Companies -- Great Oaks Addition Dear Mr. Hedges: We represent West Publishing Company ("West") and have been asked to respond S to the Comprehensive Guide Plan Amendment("Amendment") referenced in the attached Notice of Public Hearing. At this time, West does not object to the proposed Amendment changing the land use from D-111 (Mixed Residential) to D-1 (Single Family) nor to the rezoning of approximately 17 acres of the Woodlands North Planned Development from R-4 to R-l. However, as you are aware, West owns the property immediately to the east of Elrene Road and has set forth its development plans for its property in a draft Environ- mental Impact Statement ("EIS") dated March 19, 1990. The final EIS was published on May 14, 1990 and was found to be adequate by the Eagan City Council on June 5, 1990. In addition, West's development plans are a subject to an Indirect Source Permit ("ISP") issued by the Minnesota Pollution Control Agency dated September 5, 1990. Enclosed for your reference is a copy of West's Development Plan as set forth in the above-mentioned documents. As shown on the enclosed Development Plan, West's plans for the portion of its property adjacent to Elrene Road and across from the development proposed by Robert Engstrom Companies calls for the construction of approximately 900,000 square feet of mixed office, manufacturing and warehouse buildings. This letter serves to notify the City, Robert Engstrom Companies and the public of • \Vest's intended use for its property. While West does not object to the Amendment, it is p</ -3 • Mr. Thomas Hedges April 1, 1992 Page 2 West's position that the developer and/or any prospective purchasers of the property affected by the Amendment must be informed of West's intended use of its property. Finally, it is West's understanding that the proposed Amendment will not in any way whatsoever affect or limit West's use of its property as set forth in the final EIS and/or ISP. Please address any questions to the undersigned. Sincerely yours, OPP • • - EIN ' QUIN 7 Harry E. s laher c. John M. Nasseff • Steven C. Bryant Robert Engstrom Thomas Colbert Dale Runkle • 0003749 C›?1 • - • J i ....w soma.0.0 caaw N. ���.,\ 1 EXISTING DEVELOPMENT •.� { 1 l \ GR710E: 210.000 GROSS S.F. J .---. ��, .I '•`-• .�\\ .iAM RRIIQ L007,000 GROSS Si. 11 I .�``• .1 �`...\ MMIIE)CUfE 217,000 OROas Si. :.r0.. \ TOTAL:L442,000 GROSS sF. I� . I� GMI NIML; I EILMG MIT Ii. , I ' 'I1 1 j moo. ... \ \�\ �'�L ' \� PROPOSED DEVELOPMENT I / I 1 I aRae♦000.o0o GROG S.F. �,� \�; I i - Y ALIFICTURINM 700.000 GROSS S.F. i I ,I �^ G `. --EMETE G secwrtr WARSnouSS: 700.000 GRGSs&F. I 1 LL.L ' AND WAREIOUSE GlM RE.YOENCE TOTA:;N4000 GROSS S.F. . A I `rJ ` ResCIlwrw: I DWELLING MIT \ �..\ .. r.ro.. \ FUTURE EXPANSION �� \ •'� TOTAL SITE AREA:20L0 ACRES �-•---1 11 LT-2 \\ .\ AND WI1REt•IOUSE f 4 LANDSCAPE \ \` �� \\\ 14....Y L1 %\\I —J . \� FACILITY I Irn" 0A.E �\• \ MANAGERS ; /,` \ /I WESCOTT STATION PARK NTO.. �.v i Pte‘‘ . •,__;---- , . , , . I'T 1)''''' -I ....-_--.'—"‘ ' ' 0 V' .ar0rr K....\)„/".-.. .,7.1 smormas.m.o0.. .t.. I ` I / C 11114*OM )___ I,. L .ran [1 ,.1 1 \\>. \ WEST PUBLISHING / EAGAN DEVELOPMENT PLAN • INDIRECT SOURCE PERMIT APPLICATION OPUS CORPORATION • BRW, INC.• EAGAN, MINNESOTA Figure 3 c,-2/......c....- . Agenda Information Memo • April 9, 1992 City Council Meeting PRELIMINARY PLAT/CONDITIONAL USE PERMIT/ MIDWEST RESTAURANT ASSOCIATES H. Preliminary Plat, Midwest Restaurant Associates/Town Centre 70 - 12th Addition, Consisting of One Lot and One Outlot on Approximately 3.5 CSC (Community Shopping Center) Acres and a Conditional Use Permit to Allow On-Sale Liquor, 3.2 Beer or Wine, in a CSC District, Located West of Town Centre Drive in the Northwest Quarter of Section 15--This item was previously before the City Council on two occasions and was continued both times at the request of the applicant to address issues pertaining to site development with the property owner. The applicant has requested that the item be considered at Thursday's meeting. The matter came before the Advisory Planning Commission at its meeting of February 25, 1992. For additional information with respect to the applications, please refer to the Community Development Department staff report which is enclosed on pages l7throughQaCfor your review. Also enclosed on pagesQ231through,23.2are the Advisory Planning Commission minutes with respect to this item. The APC is recommending approval of these applications and have added a Condition 12 not found in the staff report. Since the APC action, the applicant has submitted a revised proposal adding parking spaces and bringing the total to 82 stalls. The plans reflecting these changes are enclosed on pages a33throughr2 Finally, a memorandum reflecting the Advisory • Parks, Recreation & Natural Resourc s Commission's recommendations in this regard is enclosed on page Qic- In addition to the conditional use permit for on-sale liquor, the applicant has requested that their on-sale liquor license be considered at this meeting as well. Please note that this business item is the first among the Additional Items listed below on the agenda. While it does involve separate motions,it may be appropriate to discuss this item simultaneously with the other applications. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny: 1) a preliminary plat for Midwest Restaurant Associates/Town Centre 70 - 12th Addition, consisting of one lot and one outlot on approximately 3.5 CSC(Community Shopping Center) acres as revised and 2) a conditional use permit to allow on-sale liquor, 3.2 beer or wine in a CSC district located west of Town Centre Drive as presented. 6 � SUBJECT: PRELIMINARY PLAT & CONDITIONAL USE PERMIT (TOWN CENTRE 70 12TH ADDITION) • APPLICANT: MIDWEST RESTAURANT ASSOCIATES LOCATION: OUTLOT A, TOWN CENTRE 70 9TH ADDITION EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER) DATE OF PUBLIC HEARING: FEBRUARY 25, 1992 DATE OF REPORT: FEBRUARY 18, 1992 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat for one lot of 1.26 acres for a Class I restaurant and one Outlot of 2.25 acres for future development. Also requested is approval of a Conditional Use Permit to allow on-sale liquor, 3.2 beer or wine, in a CSC zoning district. EXISTING CONDITIONS: Currently the 1.26 acre site is vacant. It is located within the Eagan Town Centre development directly south of Pizza Hut, west of Town Centre Drive, 40 north of Mermaid Car Wash, and east of 1-35E. The surrounding properties are zoned CSC (Community Shopping Center) and the Comprehensive Land Use Guide Plan designates this area as CSC (Community Shopping Center). SITE PLAN: The site plan shows a 5,016 sq. ft. Applebee's restaurant. The total number of seats, including bar seating. is 181. There are approximately 18 seats at the bar, and 10 high top tables with four seats per table. The remaining 123 seats are restaurant seating. Total parking for the restaurant is 77 spaces. Sixty-one customer parking spaces have been provided (two handicap stalls included) and 16 employee parking spaces. These parking spaces shall be signed and striped. Code requires 60 parking spaces for the 181 seats available. The site is serviced by two access points along Town Centre Drive and the parking lot wraps around the building.The building itself is a brick, one-story building,with signage on the east and south sides. The plans show a 13'x 35' (approx.) concrete patio area on the south side of the building which will be used at a future time as an enclosed group dining area. At that time, it will be necessary to apply for a building permit. For now it will be used as restaurant patio seating. C72/ • A Conditional Use Permit for the pylon sign is unnecessary due to the Town Centre Pylon Sign Agreement. The pylon will not exceed 125 sq. ft. or 27' in height. All setback and lot • coverage requirements meet, or exceed Code requirements. The Landscape Plan provides a mixture of plant material that will blend in nicely with other Town Centre projects. PARKS & RECREATION: The proposal shall be subject to a cash parkland dedication and a cash trailway dedication. • • • /81 GRADING/DRAINAGE/EROSION CONTROL: This site was previously graded in 1985 as a part of the initial development of Town-Center 70, therefore, a limited amount of grading will be required to prepare this site for the building and parking lot improvements. Staff recommends that a 3' high berm be constructed along the west property line adjacent to I-35E right-of-way. The berm will provide a buffer and screen to the proposed parking lot of this site. Drainage from this site will be conveyed to the existing storm sewer system in Town Center Drive which drains northerly to Pond DP-4 which is a pond on the City's Comprehensive Storm Water Management Plan. The preliminary grading plan shows construction of storm sewer and catch basins to drain the proposed parking lot that will connect to the existing storm sewer in Town Centre Drive. The proposed storm sewer system on the north edge of the site will require the removal and replacement of Town Centre Drive to connect to the existing 36" line in the street. The proposed driveway on the south edge of the site is shown to be constructed where two existing catch basins are located. The existing castings of the catch basins shall be replaced with a drive-over type grate that will match the concrete apron of the driveway. This development shall extend the storm sewer along Town Center Drive to the south to provide a stub to serve Outlot A. This storm sewer stub will drain the 2.3 acres of Outlot A. In addition, this development shall add a catch basin on Town Centre Drive to the south side of the southerly driveway to handle the 500 feet of street runoff that drains from the south. The development will be responsible for installing and maintaining erosion control measures in accordance with the City's Erosion/Sediment Control Standards. WATER QUALITY: This commercial development is located in Drainage Basin D and will discharge stormwater to Pond DP-4, an existing nutrient basin to the north. Runoff from the site will eventually reach LeMay lake, one of the six Class I lakes whose water quality is intended to be good enough to support direct contact recreation activities. LeMay Lake does not currently meet the water quality standards set for it in the Water Quality Management Plan. The site is too small to accommodate an on-site treatment basin so a cash dedication in lieu of ponding will be required by the city. Based on the actual amount of impervious area shown on the site plan (61%) and the size of the proposed developed area (1.3 acres), the cash dedication requirement is $10,710. That portion of the site platted as an outlot will be subject to an additional dedication when it is replatted for future development. UTILITIES: Sanitary sewer of sufficient size, capacity and depth has been stubbed to the property from Town Center Drive. The preliminary utility plan shows connecting to an existing 6" PVC sanitary sewer stub by constructing a manhole at the right-of-way line over the stub. Then the 6" sanitary sewer service is shown to be extended to the proposed building. Clean-outs will be required over this 6" line in 100' intervals. S / • Water main of sufficient size, pressure and capacity is readily available to serve this development from an existing 8"water main in Town Center Drive. The preliminary utility plan shows connecting to an existing 6" stub and extending that line to the proposed building. The existing hydrants along Town Center Drive will provide adequate fire protection to this site. STREETS/ACCESSJCIRCULATIONt The preliminary site plan is proposing two driveway openings out to Town Center Drive. The northerly opening shall match the centerline of the existing driveway opening that goes to the shopping center to the east. Concrete aprons shall be constructed at each driveway opening as shown on the site plan. Also, the parking lot shall be constructed with concrete curb and gutter around the edge of the entire parking lot and it shall be surfaced with bituminous or concrete as per City Codes. RIGHT-OF-WAY/EASEMENTS/PERMITS: This development shall be responsible for ensuring that all regulatory agency permits are acquired prior to final plat approval. • FINANCIAL OBLIGATION • Town Centre 70th 12th 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 �Q There are levied assessments totaling $33,281.30 on the parcel, a portion of which will be platted. • • 000 CONDITIONS FOR TOWN CENTRE 70 12TH ADDITION • 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, Cl, C2, C4, D1, El, Fl, G1, & HI 2. The site shall provide an irrigation system. 3. The Conditional Use Permit shall be recorded with the plat at Dakota County. •4. The attached trash/recycling enclosure shall be large enough to contain the trash dumpster and recycling containers. 5. A 3' continuous berm shall be constructed along the property line abutting I-35E. 6. A building permit shall be applied, and approved, for the group dining area. 7. No further building additions may occur unless equivalent amount of parking stalls are provided. 8. All signage shall conform to the Town Centre sign agreement and is subject to the one-time fee of $2.50/sq. ft. 410 9. This development shall extend the storm sewer along Town Centre Drive to the south to provide a stub to serve the 2.3 acres of Outlot A. 10. This development shall construct a catch basin on Town Centre Drive on the south side of the southerly driveway to handle the 500 feet of street runoff that drains from the south. 11. The northerly driveway opening to Town Centre Drive shall match the centerline of the existing driveway opening to the east. a STANDARD CONDITIONS OF PLAT APPROVAL • A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Ricbts-of-Wav 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2 . This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 3 . This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4 . This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. C. Plans and Specifications 1 . All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3 . This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 1 a a STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO • 4 . A detailed landscape plan shall be submitted on the ' proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5 . All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. public Improvements 1 . If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval . E. Permits 1 . This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency.. F. Parks and Trails Dedication 1 . This development shall fulfill its parks dedication Aik requirements as recommended by the Advisory Parks and lip Recreation Commission and approved by Council action. G. Rater Ouality Dedication 1 . This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City 's Water Quality Management Plan. E. Other 1 . All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 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FIGURE No. 17 STORM SEWER LAYOUT MAP ID CITY OF ---- EAGAN • 230 MINUTES ADVISORY PLANNING COMMISSION PAGE 1 OF 2 FEBRUARY 25, 1992 TOWN CENTRE 70 12TR ADDITTON MIDWEST RESTAURANT ASSOCIATRB Chairman Graves opened the next public hearing of the evening regarding a Preliminary Plat consisting of one lot and one outlot on approximately 3.5 CSC (Community shopping Center) acres and a Conditional Use Permit to allow on-sale 1-iquor, 3.2 beer or wine, in a CSC district located west of Town Centre Drive in the NW 1/4 of Section 15. City Planner Sturm stated that the only concern City Staff had regarding this application was the fact that more trees are needed in the back of the lot. Mr. Sturm noted that the applicant has been very responsive and cooperative to staff concerns. Charles Bartholdi, representative of the owner of the site, reviewed the background of the application and felt that this proposal was a natural continuation of Town Centre. Bill Rust, architect for the applicant, stated that the building would have a brick exterior with rust, green and beige awnings. It would have a flat roof. Member Hoeft requested that a condition be added that requires metal screening of the ventilation equipment on the roof of the building. Member Griggs suggested that oak trees be added to the landscaping plan. Merkley moved, Hoeft eeeonded, the motion to approve a Preliminary Flat consisting of one lot and one outlot on approximately 3. 5 CSc (Community shopping Center) acres located west of Town Centre Drive in the NW 1/4 of Section 15, 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, B2, Cl, C2, C4, D1, El, Fl, G1 & 111 2. The site shall provide an irrigation system. 3. The Conditional Use Permit shall be recorded with the plat at Dakota County. 4 . The attached trash/recycling enclosure shall be large enough to contain the trash dumpster and recycling containers. 5. A 3' continuous born shall be constructed along the property line abutting I-35P. 6. A building permit shall be applied, and approved, for the group dining area. 7. No further building additions may occur unless equivalent amount of parking stalls are provided. 8. All sionage shall conform to the Town Centre sign agreement and is subject to the one-time fee of $2.50/aq. ft. 9. This development shall extend the storm sewer along Town Centre Drive to the south to provide a stub to serve the 2.3 acres of Outlot A. c23/ PAGE 2 OF 2 � 7 10. This evelopment shall construct a catch basin on Town Centre Drive on the south side of the southerly driveway to handle the 500 feet of street runoff that drains from the south. 11. The northerly driveway opening to Town Centre Drive shall match the centerline of the existing driveway opening to the east. 12. A metal screening of the ventilation equipment on the roof of the building shall be required,. All present voted in favor. • Markley moved, Hoeft seconded, the motion to approve a Conditional Use Permit to allow on-sale liquor, 3.2 beer or wine, in a CSC district located west of Town Centre Drive in the NW 1/4 of Section 15. All present voted in favor. Member Hoeft left the meeting at this point. • • • • • 411 3 ' r Z � r - �/�/�. �rFAS' /4‘0. ,,,,, (\` e� r�r { /// f ..,\ M- 0/` rw4Y,f AS)'.. ' Al -1 /- :4,444102 -__---.-_- -,.._iit; *47■4 ■■, . ` ./. \-1/VS. An.... 6'y , -- .'WS.* ,.:, .1:,- \ 41411411140p ..'--''.-. ' . **-■ii- �, .0 � i �! ♦ / . V" f ....,..-4/4. '''''' ---, .. .1 tillff itt4t, . 11 Z-10 b Fi 7' . if s- ** • r,I, 2 3 roh, , . Nc F - ,,*/ p J (1) I �4,o C. \\ � I O ��IV 0,�F _ \ / S.1 � . On , N //\/ il :2-17) . If girl N rr— o Z 1 5.1 1 ra I Will RP! li 1 111 5 9 Ili - VIII w 1 ill IL p I . v f Q �uaW F as b g o Z ccs I d o • Z ! R! C • (7. 33... r I. 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MEMORANDUM • TO: TOM HEDGES, CITY ADMINISTRATOR 6 FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: MARCH 6, 1992 RE: TOWN CENTRE 70 12TH ADDITION - MIDWEST RESTAURANT ASSOCIATES The Advisory Parks, Recreation and Natural Resources Commission reviewed the above referenced development at their March 5, 1992 meeting and make the following recommendations to the City Council: 1. The proposal be subject to a cash parkland dedication. 2. The proposal be subject to a cash trailway dedication. 3. The proposal be subject to a cash dedication of $10,710 to satisfy water quality requirements. KV:cm cc: Ed Kirscht, Engineering Technician Marilyn Wucherpfennig, Planning Aide • a�� Agenda Information Memo • April 9, 1992 City Council Meeting ADOMONALTIEMS ON SALE LIQUOR LICENSE/APPLEBEE'S RESTAURANT A. Application for On-Sale Liquor License for Midwest Restaurant Associates,Inc.,dba Applebee's Neighborhood Bar & Grill--Together with the preliminary plat and conditional use permit above, Midwest Restaurant Associates has submitted an application for an on- sale liquor license. A copy of that license together with the Police Department investigation report is enclosed without page number for your review. Also enclosed on pageQa2 is a memorandum from the Finance Department indicating that investigation has identified no reasons at this time to deny the liquor license, but suggests that any consideration of approval of the license be conditioned upon completion of the investigation at such time as the Manager has been named. By way of explanation, liquor license investigations require background checks on both the owners and the managers of establishments selling intoxicating beverages. Thus the condition is necessary to ensure that all City requirements are met prior to issuance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an on-sale liquor • license for Midwest Restaurant Associates, d/b/a Applebee's Neighborhood Bar & Grill as presented. • ic›Q April 2, 1992 TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE ASSISTANT WITT RE: APPLICATION FOR ON-SALE LIQUOR LICENSE FOR MIDWEST RESTAURANT ASSOCIATES, INC. dba APPLEBEE"S NEIGHBORHOOD BAR & GRILL Midwest Restaurant Associates, Inc. has applied for an on-sale liquor license for their new Applebee ' s Neighborhood Bar and Grill to be located in Eagan. The Police Department has reviewed all of the principles having 5% or more ownership interest . The police investigation did not uncover any information or incidents which would preclude the issuance of a liquor license. As of this date, a manager for the Eagan Applebees has not been named. It will be necessary for the manager to successfully complete an investigation as a condition of license approval . 03 Agenda Information Memo April 9, 1992 City Council Meeting DOG AND CAT ORDINANCE AMENDMENT B. Amendment,Ordinance Section 10.11,Dog and Cat Regulations--City Code Chapter 10 covers a variety of public protection issues including the City's Dog and Cat Regulations. Enclosed on pages c23 J through0746 is a memorandum from the Finance Department covering a proposed amendment to City Code Section 10.11 in this regard. This amendment has been reviewed by all departments and is in order for consideration by the Council at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an ordinance amending City Code Section 10.11 regarding Dog and Cat Regulations as presented. • • 3 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10. 11 REGARDING DOG AND CAT REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10. 99 . The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by changing Section 10. 11, to read as follows: Subd. 1. Definitions. For the purpose of this section, the following definitions shall apply: "At Large" means off the premises of the owner and is neither controlled by a leash or voice command of owner of suitable age nor confined in a vehicle or cage. "Cat" means any domesticated feline animal, male or female, whole or neutered. "Dog" means any domesticated dog, male or female, whole or neutered. Any wolf or wolf hybred shall be deemed as an animal wild by nature and shall not be deemed as a "dog" under this section. "Dangerous Dog" means any dog that has: (1) without provocation, inflicted substantial bodily harm on a human being on public or private property; (2) killed a domestic animal without provocation while off the owner's property; (3) when unprovoked, bitten a person or domestic animal on public or private property on two or more occasions; or (4) when unprovoked, chased or approached a person upon the streets, sidewalks, or any public property in an apparent attitude of attack on two or more occasions. "downer" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in., or having care, custody, or control • ( 3 ? • of a dog or cat. wbo-o r-h r-bere- feeds, board "Substantial Bodily Harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. Subd. 2 . Running at Large Prohibited. It is unlawful for the owner of any dog or cat to permit such animal to run at large. Any deg—shah-be erred o be-running-et large-w-it-h--t-he-perm-i-s-s-i-en of the owner—u'n"l P s s rt - 0 - . ∎ . . c - _ _ . _ _ -.-• • . • . .iact wl 1 l C 11�1-t cannot move and—on-the—pr-em-ices of t-he—ow er -oar-an-a--1-each, or r-a ned-end—tend-e-r- ie-e-emma-rzd-e-f a n--aeeempa ng-per-s e ag-e--and slicer- -ion. Any cat shall be claemed-t-o-be-r-u-n-n-i-ng-ate.-arge -w-ith-the—per-mission-of-the-owner Mess i-is-on- he pemiccc of the owner. The police officers or animal control officer of the City may seize, impound or restrain any dog or cat found running at large. Subdivisions 4 and 5 shall apply to any dog or cat impounded under this Subdivision. Subd. 3 . Dog License Required. It is unlawful for the owner of any dog, six (6) months of age or more, to keep said dog within the City unless the owner first to fail to obtains a license therefor •from the City. -Strbd. 4. A. Application. Application for a dog license shall be upon a form supplied by the City and accompanied by a certificate of a veterinarian, duly licensed to practice veterinary medicine in the State of Minnesota, which certificate shall state that the dog for which application for a license is made, has been innoculated against rabies for at least the period for which the license is applied. S�bd. B. Period and Fees. All dog licenses shall expire on February 20 of each year and shall become delinquent on February 21 in each year or within six months after the dog's birth. All fees for the licensing of dogs and impounding of dogs and cats, including penalties for late application, shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees may from time to time be amended by the Council by resolution. A copy of the resolution . setting forth currently effective fees shall be kept on file in the office of the City Clerk-Treasurer and open to inspection during regular business hours. Subd. G. C. Tag Required. Upon payment of the license fee, the City Clerk shall deliver one appropriate tag to the owner of the said licensed dog. It is unlawful for the owner of any dog to fail to have the tag firmly affixed to a collar which shall at all times be kept on the dog for which the license is issued. All licen3cd doges • a;,1%) S - hail—:ter--a—�ol� r-- rid— *-ag fir-�n-l�—af-f-fixed her-eto cv-i eie-ing- buch l.icef ,e for-the . current—rear. A duplicate for a lost tag may be issued by the City upon presentation of the receipt showing the payment of the license fee for the current year. Tags shall be non-transferrable, - and no refund shall be made on any license fee because of leaving the City or death of the dog before the expiration of the license. D. Impoundment: The police officers or duly appointed animal control officer of the City may seize, impound or restrain any unlicensed dog or any dog without the license tag found in the City. The fact that a dog is without a tag attached to a collar shall be presumptive evidence that the dog is unlicensed. To enforce this Section, said officers are empowered and instructed to enter upon any public or private property on which they have reasonable cause to believe there is a dog that is not licensed or tagged as required under this Subdivision. Subd. 4- 4 . Disposition of Impounded Dogs and Cats. A. Notice of Impounding. -upon-the mpound-ing-of—a-ny-deg or - Z ' -: . The officer who seized, impounded or restrained any dog or cat pursuant to Subdivisions 2 and 3 of this Section shall, without delay, • notify the owner, personally or through the United States mail, if such owner be known to the officer or can be ascertained with reasonable effort, but if the owner be unknown or cannot be ascertained, than the officer shall make available to the police department, city hall and impounding kennel for public inspection the following information: (1) a description of the dog, (2) location of impoundment; and (3) the condition for its release. B. Redemption. All dogs and cats seized, impounded or restrained pursuant to this Section must be held by the poundmaster for redemption by the owner for at least five. (5) regular business days of the pound. For the purpose of this subsection, regular business day" means a day during which the pound is open to the public not less than four consecutive hours between the hours of 8 : 00 a.m. and 7 : 00 p.m. If, after the five (5) regular business days the owner does not claim the dog, then any right of redemption shall be deemed to have been waived and the dog shall be disposed of as provided in Paragraph C of this Subdivision. -, ice: - - - - - Pound. Any impounded dog 'end- or cat shall be released to their owners, as follows: -4- (1) If such dog or cat is owned by a resident of the City, after payment of the impounding fees, and in addition, in the case of a dog, purchase of a license. • j • -B. (2) If such dog or cat is owned by a person not a resident of the City, such owner must provide proof of .-a4 rabies immunization of any such dog or cat -€or- rabicc within 48 hours of release, excluding Saturdays, Sundays and legal holidays, and payment of the impounding fee for a period for which the dog or cat was impounded. C. Disposition of Unclaimed Dogs and Cats. Any dog or cat which is not claimed within the five-day period, as defined in Paragraph B of this Subdivision, must be made available to any licensed institution which has requested the animal as required by Minnesota Statutes, Section 35.71. If a tag affixed to the animal or a statement by the animal's owner after the animal's seizure specifies that the animal may not be used for research, the animal must not be made available to any institution and may, in the discretion of the pound, be sold for not less than the amount of the required licensing fee, if applicable, anyone desiring to purchase the animal or be destroyed in a proper and humane manner after the expiration of the five-day period. • Subd. -9- 5. Animal Pound Records. Any dog found in the- City Animal Pound, and Upon the impoundment of any dog or cat pursuant to 411this Section an accurate record of the time of such placement impoundment shall be kept on each animal. Every dog or cat se placed • . - _ . 1. - .. .. . period of not less than five regular business dayc. A "regular the public for at least four hours between 44 A.6 a.m. a44 Impoundment records shall be preserved for a minimum of six months and shall show (1) the description of the animal by specie, breed, sex, approximate age, and other distinguishing traits; (2) the location at which the animal was seized; (3) the date of the seizure; (4) the name and address of the person from whom any animal was - received; and, (5) the name and address of the person to whom any animal three months of age or older was transferred. If unclaimed, unlc: - _ . - _ _ _ _ - - - _ - =- n-tio-- f is • - -- - - - - - e- e - t-p lima- , or a -statement by the animal's owner after seizure-spar that the an i - - - - - - - - - - - - i€i es .- --.,:o . __ _ expiration of-the-aye-day period. a�� L. • -Subd. 1-4.--D-i-st u-bin It is unlaw-f-u-l-f-o-r-any-per-son, as. • -owner—o-r—posts-se-r—o-f—a-dog or--eater-o-suf-fir--arermrt--su<.h-dog-or -cat—to d3stu-r-b the pea-Ge-and-qui-ett:-o-f-t=he neighborhood-by--bark ng-, howling, wh-in-ing—or making-any other-3 oud-o-r-unusua3 noise:-If-a-dog -o-r—cam-i-s--di-stur-b-ing—tike peace—f-o-r—two-or-more-hour-s—an-an-imal c-ontr�3—o€f-iffier, po-l-i-ee of-f-ices or community—semi-ce-aft-i-ce-r- ma-y ..�,,,,-,�,o �h�—a-n-ima-l—a-nd—p-l-ace it in the—Git-y-pound-at tlze--oviner-s -expen3c.. Subd. 6 . Public Nuisance. It is unlawful for the owner of any doq or cat to: A. Permit such animal to habitually bark, cry, whimper, howl, whine, or emit any other loud or unusual noises ; B. Permit such animal to damage or defecate in or upon public property or the property of another; C. Permit dog or cat feces to accumulate on the owner's premises for more than twenty-four hours; or E."T Interfere with any police officer, or other City 1oyee, in the performance of his or her duty to enforce this Section. F. Keep or own four or more docts or cats, or combination • thereof, over six (6) months of age without a kennel permit. Subd. -3-1 7 . Dangerous Dogs or Cats. It is unlawful to own or keep a dangerous dog or--eat—which is danger-ou pe-rsons or-property-. Provided, howe3,For, that the C-otrnc-i-1 ma-y-iss-uc a-srpeo-i-a-l-per-mi-t-f or kooping d gs—use�f-G --S ty parr-posec. The-t-er:s er-ou3 dog" or. - 11 include—a-n-y-wog-ar-oat-wh-i-oh-t-a-rt or _ aused—an nj-u y to-any-per-son;-er--d.a ages--t-o-pr-oiler-t:y In the event that a dangerous dog -ar--eat—cannot be-immob l-iz-ed f-or-rt-s eft-u-red by of-i-e-r—means,o-r—if—tom appears to be an immediate danger to any persons or property a peace police officer, animal warden, or other employee or agent of the City assisting a -peaae- police officer or animal control off icer •: n-, is hereby authorized to summarily destroy such animal. Subd. 8 . Disposition of Certain Animals. A. Generally. The City Council is authorized to order the destruction or other disposition of the following: (1) Any dog or cat that habitually destroys property or habitually trespasses in a damaging manner of property on persons other than the owner; ;29,3 • • (2) Any dangerous dog; (3) Any animal that habitually barks, cries, whimpers, howls, whines, or emits any other loud or unusual noises. In the event the Council waives its authority under this Paragraph, a sworn complaint of any person that any one of the foregoing facts exist may be brought before a district court judge in this County. Said Judge shall issue a summons directed to the owner or person having possession of said animal commanding such person to appear before said judge to show cause why said animal should not be seized and killed or otherwise disposed of by the poundmaster, or any police officer or animal warden. Such summons shall be returnable not more than five (5) days from the date thereof and shall be served at least three (3) days before the time of appearance mentioned therein. Upon such hearing and finding of the facts true as complained of, the -'fudge may either order the animal killed or order the owner to remove it from the City or may order it confined to a designated place, or may order its sale or other disposition as herein provided for the impounded animals. B. Notice and Hearing. The City Council, after having been advised of the existence of such animal as defined in Paragraph A of this Subdivision and having decided to retain its authority under aphis Subdivision, shall proceed as follows: (1) The owner of the offending animal shall be notified in writing as to the reasons the animal is subjected to disposition under this subdivision and where applicable, the dates, times, and places of animals or persons bitten, attacked, injured or disfigured, or of other violations, and shall be given ten (10) days to request a hearing for determination as to the disposition of the animal. If the owner does not request a hearing within ten (10) days of the notice, the City Council shall make an appropriate order including destruction or other property disposition of the animal. The owner shall immediately make the animal available to the animal control officer for the ordered disposition. (2) If the owner requests a hearing for determination as to the disposition of the animal, the hearing shall be held before the Council at a date not more then three (3) weeks after demand for the hearing. The records of the animal control officer shall be admissible for consideration without further foundation. After considering all evidence, the City Council shall make an appropriate order within thirty (30) days of hearing, including destruction or other proper disposition of the animal. The owner shall • immediately make the animal available to the animal control officer for the ordered disposition. (3) The City Council may apply to the District Court of Dakota County for subpoenas for hearings under Sub-paragraph 2 herein. C. Concealing of animals. Any person who harbors, hides or conceals an animal which has been ordered into custody for destruction or other proper disposition shall be guilty of a misdemeanor. Subd. -372.- 9 . Immobilization of Dogs or Cats. For the purpose of enforcement of this Section, any peace officer, Animal Warden, or other person assisting a police officer or animal control officer, may use a so-called tranquilizer gun or other instrument for the purpose of immobilizing or -ca-tang- seizing, impounding, or restraining any animal reasonably believed to be in violation of this Section. tibd. 13-+—Tther —cciriuw�u-1 caotc. I - - - o - - owner-to4 (1) fail-to-have the dog l ioence tag-' - -= _ - 'ty firmly -att hedto a-c--I-a-r-wer-n-a-t al-1 times-by the 1 i-eensed dog, or (2} is danger-euc-(n-s'oh an- mal which -has ^used i-njury to---p e-sans—orr prrcprty shaII • -" roue") , or-(3-)-interfere with -any police officer, or-other City -employee, in—the-performance-of-hi:: duty-to enforce t-h ecti-en, or -{-4-}--f-a-il t-o-k-eep-his-dog f r-om-ba-r-k-i- tg-T-howl-i-ng or--wh-i-n-i-ng-or his cat frem--emting loud or unuoual noise, or (5) fail to prevent his dog -or-e-a-t f-r-om-de-f-ee ting-in-or-upon-p lic property or the pr nises-bf -another-r----or e6-)-per-m7i t-s-o a id-ate of a dog-o-r--ca-t-t-o-a umu3-at-e-o. h-rs-premises-for-more-th-en-twent-y f-ou-r-hou-r-s-or(-7) l eep-or--own f ou-r- er-mo-r-e dogs-or-oats, o-r-comb-inati-an;aver-s-ix-manth-s--of-age without• -a kenne�perma_t. Subd. x1-4- 10 . Rabies Control. A. Inoculation. Every owner of a dog or cat over six months of age must have a certificate of a veterinarian duly licensed to practice veterinary medicine within the State of Minnesota which certificate shall state that the dog or cat has a current inoculation against rabies_ B. Animal Bites. Whenever any dog or cat has bitten a person, the owner, having been so notified, either orally or in writing, must: (1) Provide a certificate of current rabies inoculation; and • S D7VS • • • (2) Immediately quarantine the dog or cat at the owner's home or other suitable place of confinement as directed by the responsible officer of the City for a period of ten (10) days after the occurrence. During the quarantine, the dog or cat shall be securely confined in a building, locked kennel or a yard which is enclosed by a fence not less then five (5) feet high and so constructed that the animal cannot escape or otherwise leave the enclosure, and which will not permit other animals or persons to enter, for the purpose of preventing the animal from biting or otherwise coming in contact with persons or other animals. If the dog or cat dies or shows signs of illness or if it escapes, the Animal Control Officer or Police Department must be notified immediately. The confinement, testing and treatment costs, in addition to all other expenses incurred, as the result of a dog or cat biting a person, shall be at the expense of the owner of the animal. In the event that a certificate of current rabies inoculation is not provided or upon a reasonable suspicion that the dog or cat may be rabid, the dog or cat shall be • immediately seized and subjected to the necessary tests by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies. Any animal, other than a dog or cat, which has bitten a person may be destroyed and taken to the University Diagnostic Lab to be determined if the animal has been infected with rabies. Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation" and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: E. J. VanOverbeke By: Thomas A. Egan Its: Clerk Its: Mayor •ate Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Agenda Information Memo • April 9, 1992 City Council Meeting • ::::•:::.:::::::. LEGISIATIVE/INTERGOVERNMENTAKAITAIRS UPDATE Mayor Egan and the City Administrator have discussed a process/methodology for providing a forum for City Council discussion on matters that are regarded as external to the City of Eagan. Categorically, legislative and other intergovernmental affairs are examples of external matters. Mayor Egan has asked that the agenda be expanded to include the heading "Legislative/Intergovernmental Affairs Update"which can include action and non- action items. For Council information, the following items are offered for this City Council meeting: 1) The City Administrator has been asked by the Association of Metropolitan Municipalities to serve on the AMM 1992 nominating committee; 2) Enclosed without page number is a copy of a study entitled "Partners: The Dyrstad Commission on Local and State Government Relations" and "1991 Local Government Salary Study." The "1991 Local Government Salary Study" was commissioned by the State Auditor and addresses salary compensation for upper management positions in local government; • 3) At an MLC meeting held on Wednesday, April 1, attended by Mayor Egan and the City Administrator. The MLC took unanimous action to oppose the sales tax and to support the removal of levy limits. There was also a motion, that was declared dead by the Chairman due to a divided House, on whether the MLC should support an WA and HACA cut at 3.25 percent. Mayor Egan opposed the motion to support the LGA and HACA cut, realizing the City of Eagan would inherit a loss of revenue in 1992 amounting to $338,300. Also enclosed and referenced as page&Wthrough a 9 is a copy of correspondence Mayor Egan sent to Representative Seaberg and enator Halberg regarding the City's position on the pending tax bill. • c2.7 /2 I _city of aacpan MUNICIPAL CENTER MAINTENANCE FACILITY THOMAS EGAN 3830 PILOT KNOB ROAD 3501 COACHMAN POINT Mayor EAGAN,MINNESOTA 55122-1897 EAGAN,MINNESOTA 55122 PHONE:(612)681-4600 PHONE:(612)681-4300 PATRICIA AWADA FAX:(612)681-4612 FAX:(612)681-4360 PAMELA McCREA TIM PAWLENTY THEODORE WACHTER March 31, 1992 Counci Members THOMAS HEDGES SENATOR CHUCK HALBERG City AdminInstrator 133 STATE OFFICE BUILDING EUGENE VAN OVERBEKE ST PAUL MN 55155 City Clerk Re: Omnibus Tax Bill - Local Government Aid Reductions Dear Senator Halberg: Let me begin by thanking you for the attention you have given to local interests and needs in this very difficult legislative session. As local leaders, we do not envy you the task of balancing the State budget at a time when the economy has been slow to recover from the recession. As you face the closing weeks of the session and major decisions concerning deficit reduction, I would like to share some of Eagan's perspective with respect to the proposals being circulated. As you know, the City of Eagan would not be affected by an LGA cut since previous deficit reduction efforts have striped away all the City's local government aid. Since we have absorbed so many significant cuts in the past while levy limits have prevented the capture of our expanding tax base, Eagan's own interests would be best served if only LGA reductions were considered. We understand that there have been legislative initiatives to offset a portion of . the LGA reduction by expanding the cuts to HACA or extending the • sales tax to local government purchases. Neither of these alternatives is attractive to the City for obvious reasons. While legislation establishing HACA effectively differentiated between the tax relief shown on local tax statements and the aid received by local governments, HACA remains the only effective means of offsetting the property taxes levied on real property. By diminishing that still further, the Legislature would only increase the disparity between metropolitan cities which pay into the system and other cities which are subsidized by taxes on our mutual constituents. A certain amount of equalization and support makes sense. At the point of which the community only pays in and receives nothing in return, the irony is obvious. We also oppose the expansion of the State sales tax base to include local government purchases. Effectively, cities would have to tax their residents in order to pay a tax to the State, a concept which is antithetical to the logical relationship between entities of THE LONE OAK TREE . . .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Aft ative Action Employer • SENATOR CHUCK HALBERG MARCH 31, 1992 PAGE TWO government. In addition, because 1992 budgets are set, application of the sales tax in 1992 would result in .a cut in local government budgets at a rate of 61/2 percent applied to all purchases after the effective date. This raises the obvious issues of levy limits and appropriate notice of impending changes in aid levels. We strongly encourage you to support implementation of current law which removes levy limits in 1993 and we would ask that you vigorously oppose any efforts to reinstate or retain levy limits. This is not because local governments want to tax at extraordinary levels. It is because local governments should be free to establish appropriate levels of service and taxation through open dialogues with their constituencies. Far from being free spenders, cities are among the most responsive levels of government in the State. We should be free, however, to capture the benefits of tax base growth in a manner which will permit us to continue to meet the needs of an expanding community without major fluctuations in service levels. It is not reasonable to be criticized for being a rich city when our per capita spending in constant dollars has decreased over the past two years as a consequence of a zero growth levy limit cap. • It will be essential, if our City is to meet growing needs in a realistic manner, to have both the local freedom for self- determination and the external freedom from the uncertainties of State finance. Last year, an independent funding system was established through the dedication of 2 cents of the 61/2 percent sales tax to the local government trust fund. While we realize that the State is facing difficult financial problems, trust means trust. While we cannot prevent the State from reducing local government assistance from this funding source, that does not mean we have to support that effort. Please remind your colleagues in the Legislature that breaking faith with this promise cannot be excused or rationalized away. There may be good reasons to utilize every funding source that is available, but that does not make it right or even defensible. Please understand that we do not blame you personally for the initiatives of the Governor's office or the legislative leadership. We simply want you to understand that promises should not be undone and that history should not be rewritten to satisfy current realities. We would appreciate your continued support of local interests as the legislative session draws to a close. If you have any questions concerning this information, please do not hesitate to contact us. Sincer ly, /� 1:! Tom Egan Mayor, City of Eagan ICR 9 SSS f FOR BOARD USE ONLY LG214 BASE# t7/29/91t P P# FEE Minnesota Lawful Gambling CHECK Premises Permit Application - Part 1 of 2 INITIALS DATE .:.... . Class of premises permit Renewal (check(check one) Organization base license number,D 4,'766 `66' / ❑ A($400) Pull-tabs,tipboards,paddlewheels,raffles,bingo Premises permit number RI B($250) Pull-tabs,tipboards,paddlewheels,raffles New ❑ C($200) Bingo only ❑ D($150) Raffles only Organization I ' ormatioii <,;:;:: :::::: :::<::<::::::.: Name of Organization fr /<//TS. G'/4 (6'L0/'f 't r *76e y Business Address of Organization-Street or P.0 Box(Do not use the address of your gambling manager) City _, State Zip Code County Daytime phone number cf /k/e/ 5722 .2),';W'7,9 (f/l) yrz-'77, Name of chief executive officer(cannot be your gambling manager) Title Daytime phone number C°/sA,E/Cs' iq. %%7y C'/.Z%, • ArA,‘//7 V/L) Vi2-7a,s'/ Bingo Occasions If applying for a class A or C permit, fill in days and beginning & ending hours of bingo occasions: No more than seven bingo occasions may be conducted by your organization per week. Day Beginning/Ending Hours Day Beginning/Ending Hours Day Beginning/Ending Hours to to _ to to to to to If bingo will not be conducted,check here gim Gambling Premises Infornmation N me of establishment where gambling will be conducted Street Address(do not use a post office box number) /(-;/">?izos /moo ?4" /4,4,1-:/2 5//fj' j;.). /&'•.2. f//Gnrt.) 4/4/ J Z2 3 Is the premises located within city limits? )Yes O No If no,is township = organized ED unorganized ED unincorporated City and County where gambling premises is located OR Township and County where gambling premises is located if outside of city limits Name and address of legal owner of premises City State Zip Code ttk.-sr Xeiils&y /71,3-4.1,-f,9 /76 3..1,-fHTts To y cc: ,5-44774 e� ii ia %1, /A/7•52:1 8 32/47«cam //Y 7/9/ -1/,u c�/X41 �dy Does your organization the building where the gambling will be conduct§d? (� YES NO If no,attach the following: • a copy of the lease(form LG202)with terms for at least one year. • a copy of a sketch of the floor plan with dimensions, showing what portion is being leased. A lease and sketch are not required for Class D applications. Address of;storage :space of gambling.equipment.Do not use a PO>box nvrriber Address City State Zip code '7f/ f/A%%X�iZE l'i�/4/z tW / /t.1 :-22J Minnesota Lawful Gambling • Premise Permit Application - Part 2 of 2 Gambling Bank Account.."r r>�forntahon .. . .. . s Bank Account Number : ank Name � Bank Accou n2ll- ,/,,ter f�L7/ 1/ 9/?.Y y6-? / Bank Address City State Zip Code _ /[l 5 27 eri /ti f7 ,f,* /(.e/ 5372 3 Name,address,arrdkile ofpersorrs auth zrec#: s:o checks acid make dl os s and wtd►dratwafs. ::,. C1rga,rizafrorxs:treasurer : .not handre tin ►�Y 9� 9 lands ;::':;::.:<::;>:.;':>::;:.: Name Address Tide 17 /,/c/tigi/' Gti. .Jiv,-; 39A y oZ:L'/g/a QLL cir/i;�iv /;-Ae..' 6/7/fiTi 4tJ' /HR�taVecle jt itrc° ,1. �E�r l ? /y/' %��we pit Ci4..;?-1.1 M) Ackn owl . Gambling Site Authorization •1 am the chief executive officer of the organization; I hereby consent that local law enforcement officers,the .1 assume full responsibility for the fair and lawful opera- board or agents of the board,or the commissioner of tion of all activities to be conducted; • revenue or public safety,or agents of the commissioners, •l will familiarize myself with the laws of Minnesota may enter the premises to enforce the law. governing lawful gambling and rules of the board and Bank Records Information agree, if licensed,to abide by those laws and rules, The board is authorized to inspect the bank records of the including amendments to them; gambling account whenever necessary to fulfill •any changes in application information will be submitted requirements of current gambling rules and law. to the board and local unit of government within 10 days Oath of the change; and I declare that: .1 understand that failure to provide required information •I have read this application and all information submitted or providing false or misleading information may result in to the board is true, accurate and complete; the denial or revocation of the license. .all other required information has been fully disclosed; Signa e f chief xecutive officer Date ..1/.a� � iL�a / Locat. :.. ..: .: .. ;':.v v;i•::::iii:':.:.�..' ': ... ...: .�:.:..'':'{''.::,;i�::i.:::.;:4.:::+:i:::ii'F:::jju >:::: - . . ..:.. Governifnent A @�Crc ::�;.><:<::.::.:::: ..................................:... 1. The city*must sign this application if the gambling pram- 4. A copy of the local unit of government's resolution ao- ises is located within city limits. proving this aoolication must be attached to this application, 5. If this application is denied by the local unit of government, 2. The county**AND township**must sign this application if it should not be submitted to the Gambling Control Board. the gambling premises is located within a township. 3. The local unit government(city or county)must pass a Township: By signature below,the township acknowledges resolution specifically approving or denying this application. that the organization is applying for a premises permit within township limits. City* or County** Township** City or County Name Township Name C; r Y a -I 1:=/i"6-4-4 Sign of arson receiving application Signature of person receiving application Title I I Date Received Title Date Received 4/'i, . /2/317-- 3-.7 7 V2 I Refer to the instructions for required attachments. Mail to: Gambling Control Board Rosewood Plaza South,3rd Floor 1711 W.County Road B Roseville,MN 55113 LG214(Part 2) (Ftev7/29'91) FEES: _� $50 Investigation Fee (Non-Refundable) 7—$25 License for up to three solicitors THE APPLICATION FORM MUST BE $ S For each additional solicitor PROPERLY COMPLETED OR IT WILL NOT BE PROCESSED. LICENSE GOOD FOR UP TO ONE YEAR CITY OF EAGAN BUSINESS SOLICITATION LICENSE (FOR PROFIT) APPLICANT'S NAME: G •, A/' j k 6c f'i c- c, �, (fit) (middle) (last) LOCAL ADDRESS: -IL I,i( (t)(f r\1. fib S- : :f (street) M nc,, (viA/ T Vcg (city&state) (zip) HOME PHONE: 2h )'i)'41 BUSINESS PHONE: `'()9 S--)0(..; BIRHTDATE: S— /--6 'j SOCIAL SECURITY NO.: )(>6 L 1-0 )U)Li DRIVER'S LIC. NO. _EA__ (state) APPLICANTS CURRENT AND PREVIOUS ADDRESSES FOR THREE YEARS PRECEDING THE DATE OF APPLICATION: STREET CITY/STATE/ZIP FROM TO ) l I a- (if f i c)_) !\.,(S { i INV.- 5 i�A/ ,c-vie 2 ' PRESENT flu( 'jd rRii( g9 APPLICANTS CURRENT AND PREVIOUS OCCUPATIONS FOR THREE YEARS PRECEDING THE DATE OF APPLICATION: OCCUPATION FROM IQ c4-.11..c /1(A0wieI— riit,k' t ell Cc Cfec.t i� PRESENT NAMES AND ADDRESSES OF APPLICANTS EMPLOYERS, IF ANY, FOR THE THREE YEARS PRECEDING THE DATE OF APPLICATION: (1) 131l/ C�()(i . 1-e_ C I rc,Gv. �D I d •- f'M i( /) C /6/Y FIRM NAME STREET FROM GtsvNr, Pok(or\J,S{et,-Q±CAVer- N\Pl- . /11 AI s's n6. ,7) Sys P1 f(',,i SUPERVISOR CITY STATE ZIP PHONE TO _ (2) FIRM NAME STREET FROM SUPERVISOR CITY STATE ZIP PHONE TO FOUR CHARACTER REFERENCES (IF APPLICANT HAS NOT RESIDED IN THE CITY FOR TWO YEARS IMMEDIATELY PRECEDING DATE OF APPLICATION): NAME STREET, CITY & STATE IP A/C TELEPHONE NO. CITY OF EAGAN BUSINESS SOLICITATION LICENSE THE APPLICATION FORM MUST BE (FOR PROFIT) PROPERLY COMPLETED OR IT WILL NOT BE PROCESSED. BUSINESS NAME: 131V Q. PiC I 1 4 (C ( `rKAN\ fir\( - BUSINESS PHONE: —2,0 9 - <5----7 o S LOCATION OF SALES: /IQ I1(1A:fi i3 0 --- Ett 50 0 (ADDRESS) (DOOR-TO-DOOR) NAME & DESCRIPTION OF PRODUCT: T Ce C(P4� f/1;ve I+;c i Go..- rcr r(PG r 4 f\A✓ VEHICLE USED FOR THIS BUSINESS: (IF MORE THAN ONE LIST SEPARATELY) 77--7*-- Cie At/i- Iii n (I-27 T f3- H . MAKE MODEL YEAR STATE LICENSE NUMBER LENGTH OF TIME REQUIRED IN CITY: i1 L '("1) - 0 Cr 1`I d DATES OF ACTIVITY IN CITY FROM: 1) kv e TO: OTHER COMMUNITIES WHERE SAME PERMIT WAS ISSUED: Exc-Pv\ PS L,I i i , $j= P 4‘,1.-1 /IN nJa f q ►/rs Have you ever been convicted of a felony, gross misdemeanor, or misdemeanor, including violation of a municipal ordinance but excluding traffic violations? No ✓ Yes If Yes, explain on the reverse side, the date and place of conviction and the nature of the offense. ATTACH A COMPLETE LIST OF ALL SOLICITORS,INCLUDING EACH PERSON'S FULL NAME (FIRST,BIDDLE,LAST)ADDRESS (STREEI',CTTY,STATE,ZIP,PHONE NUMBER, AND DATE OF BIRTH) ORDINANCE ALLOWS A FIVE-DAY (BUSINESS DAY) WAITING PERIOD BETWEEN THE APPLICATION AND APPROVAL OF REGISTRATION DURING WHICH TIME THE POLICE SHALL MAKE AN INVESTIGATION OF THE APPLICANT. THE REGISTRATION MAY BE EFFECTIVE WHEN THE FOREGOING INVESTIGATION IS COMPLETED OR WITHIN FIVE BUSINESS DAYS OF APPLICATION, WHICHEVER IS EARLIER.. I SWEAR AND ATTEST TO THE FACT THAT THE PRECEDING INFORMATION IS TRUE AND CORRECT, TO THE BEST OF MY KNOWLEDGE I Al SO (WR MY PERMISSION TO RNIVESIIGATE ANY OR ALL OF THE PERSONS LISTED, r.S DEEMED 1,1,1CrSSARY:31'THE crri. // L _ ,w--0/ ?/-W/q) SIGNATURE OF APPLICANT DATE / r`"-) y POLICE APPR'GAL j DATE OFFICE OF THE CITY CLERK APPROVAL DATE CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN 55122-1897 454-8100 DATE 1�`�I4� CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 (612) 454-8100 APPLICATION FOR ON SALE LIQUOR LICENSE EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. If this is a first application attach a copy of the articles of incorporation and by-laws. Applicants Name(Business,Partnership,Corporation) Trade Name or DBA MIDWEST RESTAURANT ASSOCIATES, INC. APPLEBEE'S NEIGHBORHOOD GRILL & BAR Business Address Business Phone Applicants Home Phone 8421 JOINER WAY. __, _ (612 942-5899 ( )N/A City County State Zip Code EDEN PRAIRIE, HENNEPIN MN 55344 Name of Restaurant Manager Manager DOB License period PENDING From: To: If a corporation,give name,title,address and date of birth of each officer,If a partnership,give name,address and date of birth of each partner. SEE ATTACHMENT # ) FOR ALL OFFICERS Partner/Officer Full Name and Title Address DOB Partner/Officer Full Name and Title Address DOB Partner/Officer Full Name and Title Address DOB • Partner/Officer Full Name and Title Address DOB LICENSE TYPE: X On-sale Restaurant On-sale Hotel On-sale Club Amount floor area - Amount floor area/ Amount floor area/ dining room(s) dining room 165+/- Number seating Seating/dining room(s) Seating/dining room Hours food available Hours food available Hours food available Number employees Number of guestrooms LOCATION OF ESTABLISHMENT: Legal description SEE PRELIMINARY PLAT APPLICATION WHICH HAS ALREADY BEEN SUBMITTED TO THE CITY'S PLANNING DEPT. - SEE MARILYN Current zoning Cse - 314pPPw(7 06At-rF.R_ X Structure is more than 300' away from elementary or secondary school or church Yes No REQUIREMENTS $5000 surety bond HARTFORD FIRE INSURANCE COMPANY Name of bonding company Certificate of Insurance and Liquor liability NEW HAMPSHIRE INSURANCE COMPANY Insurance Company During the past year has a summons been issued under the Liquor Civil Liability Law MS 304A.802? Yes X No If yes,attach summons copy. Has Applicant or any of the Associates been convicted during the past five years of any violation of federal, state or local liquor law? Yes X No If yes, give date and details. Are any taxes, assessments or utility bills for the premises unpaid or delinquent? Yes X No If yes, give reasons. Have you ever had a license suspended or revoked? Yes _ No If yes,give dates and reasons for action. What vendor of amusement devices will have machines on the premises? . AMERICAN AMUSEMENT ARCADES 850 DECATUR AVE. N. , MPLS. , MN 55427 Name Address Describe proposed entertainment: ONE (1) VIDEO GAME FOR CLUB LICENSE ONLY: ■ Date of Incorporation: Purpose of Club: Number of members: Officers, Board of Directors, Manager: Full Name Address DOB Full Name Address DOB Full Name Address DOB DOCUMENTATION: - ■ Provide two copies of Articles of Incorporation for each corporation with financial involvement. - ArrAC H E D Provide financial statement of net worth for all principals who have at least five percent(5%) interest in the business, partnership or corporation. The statement must be prepared by a CPA. 3E LE7r 2 E ATTAariEb,. Complete a general information form for each business, partnership or corporation.- SEE, A-n-Acm et) Complete a personal information form for each person who has a five percent(5%) interest in the business, partnership or corporation. - E E SAC H 6 b Provide a Certificate of Search from the U.S. District Court for any pendi g civil or criminal action.- 5E C. Ph?AC1-I E b NOTARY Ap�gliFant: _ V. , • s na ure � Subscribed and sworn to before me _.d ' / 1_ !! F 0 ,) , , this aa ITT day of'Ar.)1•L1R4' , 19 Q P. Notary SUE LOUISE ANDERSON 4 il c iQ NOTARYPUBLIC-MINNESOTA Notary Public TTT County i SC TT COUNTY M commission ex ires: (90- 97 i MY �arasAUG ZC.1B97 i My expires: REPORT BY POLICE DEPARTMENT , This is to certify that the applicant, and the associates, named herein have not been convicted within the past five years for any violation of Laws of the State of Minnesota, Municipal or County. Ordinances relating to Intoxicating Liquor, except as follows Date De artment Title atu L.,-1- t Z tV POD, G 4-" J C�,.GC U� 0 V L.__T:,... police department c.31441 £.r: PATRICK J.GEAGAN Chief of Police KENNETH D.ASZMANN —city of eagan Operations Captain 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122-1897 PHONE:(612)681-4700 Mayor FAX:(612)681-4738 PATRICIA AWADA PAMELA McCREA TIM PAWLENTY THEODORE WACHTER March 26, 19 9 2 Council Members THOMAS HEDGES City Admininsfrator TO: LT. JERRY MESZAROS EUGENE VAN OVERBEKE City Clerk FROM: INVESTIGATOR JOHN STEVENSON SUBJECT: APPLICATION FOR AN ON-SALE LIQUOR LICENSE/ BACKGROUND INVESTIGATION FOR APPLEBEE'S RESTAURANT I. Introduction This is a summary of an investigation conducted regarding an application for an on-sale liquor license for Midwest Restaurant Associates, Inc. D/B/A Applebee's Neighborhood Grill and Bar. II. License Type This application is for an on-sale liquor license for a restaurant and bar. III. Business Name Applebee's Neighborhood Grill and Bar IV. The License Applicant This application was filed by the Vice President of Operations, Richard K. Horn. His address is: Midwest Restaurant Associates Ltd. Lariat Center 8421 Joiner Way Eden Prairie, MN 55344 V. Financial Mr. Horn provided the financial statement for the two main owners, Allen S. Musikantow and Donald W. Strang, Jr. These are the two primary owners of the company. Because of the complicated nature of the ownership of this company, I made an appointment with (and met with) an attorney representing the company. This attorney, J. Benjamin Ahrens, works for the company of Maslon, Edelman, Borman, and Brand and is located at 3300 Norwest Center in Minneapolis. Mr. Ahrens laid out the following facts for me: THE LONE OAK TREE . . . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer APPLEBEE'S Page 2 Applebee's is a public company that is located in Kansas City. Their only connection with the restaurant is that they sell the franchises. This franchise is owned by a limited partnership called Midwest Restaurant Associates Ltd. This limited partnership is made up of 75% general partners and 25% limited partners. The limited partners consists of 20-25 investors who have no say in how the company is run. The company is run by the general partnership called Midwest Restaurants Inc. This general partnership has 100% of the control of the company. The general partnership is made up of the following persons: Donald Strang, Jr. (30% interest) , Allen Musikantow (45% interest) and Donald Strang III, David Strang, Peter Strang and Allison Strang (all own 5% interest) . David, Peter and Allison are the children of Donald Strang III. There is also a 5% interest owned by Michael Snow. Vice President of Operations, Richard Horn, does not own interest in the company, but he also filled out an application, as did all of the above. Mr. Horn is the local area manager for Applebee's and a manager for the Eagan restaurant has not yet been chosen. I explained to Mr. Ahrens that when one is chosen, it would require that we do a background check, also. Finally, the land would be owned by the general partnership (cash purchase) . The equipment (tables, etc. ) will probably be financed and the building will probably be mortgaged to either a mortgage company or to a limited partnership. VI. References Record checks were run on all the members of the general partnership. In addition, I ran record checks on the business, Applebee's Restaurants, with the following police agencies: Indianapolis, Indiana; Cleveland, Ohio; Brooklyn Center, MN; Brooklyn Park, MN; Blaine, MN; Minnetonka, MN; New Hope, MN; Burnsville, MN; Bloomington, MN; Maplewood, MN; Eden Prairie, MN; Minneapolis, MN; and St. Paul, Minnesota. Although several of the agencies reported routine type problems (bad checks, disorderly conduct, etc. ) , none of these seem to be a problem with Applebee's. Bloomington APPLEBEE'S Page 3 Police Department and Brooklyn Center Police Department reported two minor liquor violations. Brooklyn Center Police Department reported that in 1987, five years ago, there was an after-hours liquor violation. This involved employees staying after closing time. Bloomington Police Department reported that in January of this year, an employee of the Applebee's in Bloomington was cited for serving alcoholic beverage to a minor. He was tagged under their city ordinance. Minnetonka Police Department also reported that they had several juveniles attempting to purchase alcohol but were turned down. Finally, St. Paul Police Department reported that, although Applebee's is located at one of the busiest intersections in their city, they have had no problems with liquor violations that were the responsibility of Applebee's. VII. Conclusion Investigation did not uncover any information or incidents which would tend to preclude the issuance of a liquor license, contingent on the naming of a manager for the Applebee's Restaurant and that manager's subsequent background investigation. ... IN._ 0461 . Ipir- daV<-73;)) estigat. John Stevens n #34 ; .:gan Police Department JS:cc k F. M i` #J4 � L '' r .,x ^ ‘ n "�2g W_ Y . r er.. ..„....,tt.„.1.. .„..t.,,,.. ..... 4 The Dyrstad Commission r44- ri: �. } on Local and State :„.:-4.__- .41;_,..,....i..:„:;,_......1-iy:,:„--„,i.,,.., _.„.--....,,..--:,;,i,., �. _, Government Relations }�q�v4^4k '��p+' 3° tom ^ y � ,fl a�. �, �''" Y .t "Tr 7 a .ter - , �. i January 1992 -; ` '{ -i : i s PATNIAr4 3,-r- - ,:, "-....',''Isf'-..,.'"?...- -; ":','-. b a c,, . 0, 7:, s Q A, a''ms s, �,FL k i§k..-.;,.'. •Y'i A Y, # fL C. iY 'Iry : '.�1w t� g.l,.F .'T,i•' N - t- a S-,.. Y i-+ I,_'; is Y` -41,,,,.....;,, - L'.4'uT,,"` k �; :4. 858 CEDAR STREET, Si. PAUL, MR 55155 812 29C-3985 fAX 812 298-3898 „4,--,,::..( ''fir Y $c` : i " � � v YST rc.-,y M d a F . � C :1..:"�.ma. ktTS .' Acknowledgements • The Dyrstad Commission on Local and State Relations wishes to thank the Association of Minnesota Counties, the League of Minnesota Cities, and the Minnesota Association of Townships for their assistance at Commission meetings and for helping P g prepare portions of this report Thanks are also due state officials and agency heads who participated in various Commission meetings. Particularly appreciated were the efforts of two divisions within the Department of Administration: the Management Analysis Division for its skilled facilitation of the Commission retreat and the Intergovernmental Information Systems Advisory Council (IISAC)for providing funds to make the retreat a reality. Finally, thanks are due staff from the Lieutenant Governor's office and Minnesota Planning for their assistance during Commission meetings and for their hel in the preparation, editing and final production of this report. p The Dyrstad Commission on Local and State Relations was created in 1991 to stren and service delivery by local and state governments. Minnesota Planning COOpf a Dyrstad Commission. g Provided staff support for the Minnesota Planning is charged with developing a long-range plan for Minnesota, stimulating public participation in the state's future and coordinating public policy with state agencies,the legislature and other units of government. For more information or for copies of: Partners: The Dyrstad Commission on Local and State Government Relations, please contact: I 1111 658 Cedar Street St. Paul, MN 55155 612-296-3985 January 1992 recycled - recyclable - soy ink Executive S u m m a r 6. A substantially restructured system which Summary reduces litigation; The Dyrstad Commission on Local and State 7. No artificial compression of workers' Government Relations was created in February compensation insurance rates; 1991 to discuss matters of concern and interest to 8. Control of rapidly escalating medical costs. state and local units of government, to advise the Governor and Legislature about such issues and to • Levy Limits improve cooperation and communication between state and local units of government. The Commission recommends support of existing law repealing levy limits for cities, This report represents the efforts of the counties and townships effective 1992 for taxes Commission during its first year of operation. It payable 1993. discusses major Commission concerns and recommendations for improvements involving ■ Presidential Primary legislation, changes to programs and matters for The Commission recommends repeal of the law further study. requiring a presidential primary on April 7, 1992. A major effort of the Commission during its first year was to prepare a list of mandates affecting • Motor Vehicle Excise Tax local units of government that should be eliminated Believing this conflicts with traditional or modified. Two lists were prepared, one government standards about governments containing a list of mandates where immediate taxing each other, the Commission action is recommended and a second listing those recommends legislation exempting from the for further study. motor vehicle excise tax all vehicles purchased by cities, counties and townships. Priority Mandates • Workers' Compensation ■ Comparable Worth The following principles must guide workers' The Commission recommends extending the compensation legislative reform. There must deadline for compliance with the new be: Department of Employee Relations rules from December 31, 1991 to August 7, 1992. This 1. No state general revenue fund would provide ample time for local government appropriation or additional tax; review and compliance with the new rules. 2. Bipartisan legislative support; • Income Maintenance Takeover 3. Substantial judicial reform; Return to 100 percent state financing of the non-federal share of all income maintenance 4. Elimination of all situations where the workers' compensation system, along with programs and work toward greater flexibility other applicable benefits, pays more than in the rules regulating counties ability to limit the employee would have received in wages; or deny services to individuals seeking AFDC-EA and Emergency General Assistance. 5. Elimination of lifetime workers' compensation benefits for employees without serious physical disability; January 1992 The Dyrstad Commission •The 67-Day PELRA Rule ■ Working with the Governor's Legislative Amend PELRA reinstating the rule requiring Relations Office on early review of state public employees to work 100 days before they agency initiatives; can receive benefits equivalent to full-time employees. ■ Playing a greater role in determining more effective and efficient ways of delivering Mandates for Further Study services and dealing with infrastructure needs; and These are mandates which were identified as troublesome but for which there is no • Being more actively involved in the recommendation at this time. The Commission proposes additional discussion and stud of these Milestones Program through review.,y comment and suggestions for milestones mandates during the coming year. They include: affecting local units of government. 1) landfills, 2) beaver control, 3) tax exempt property, 4) technology requirements, 5) social service rule modification,6)workers'compensation regarding presumption of occupational diseases, 7) detox center services, and 8) medical care for indigents. Land Use Enabling Legislation This legislation eliminates inconsistent and duplicative terms and procedures and codifies the planning laws for all local government units into a single law. Work on this legislation began in 1985 under the direction of the former Governor's Advisory Council on State and Local Relations. However, it was not until the spring of 1991 that all sides were in general agreement on the bill's content. But, by this time, the former Governor's Council was no longer in operation. The Dyrstad Commission,recognizing the importance of this bill to local governments, recommends passage during the 1992 legislative session. Future Activities The Commission is proposing a number of activities for the coming year, some of which will build on efforts completed during 1991. These will include: ■ Participation with state agencies in modifying or eliminating mandates affecting local units of government; 2 MN Planning January 1992 Introduction Membership In addition to Lieutenant Governor Dyrstad, the Creation and Purpose Commission consists of 30 elected officials and staff representing cities, counties and townships The Dyrstad Commission on Local and State Relations was created in February 1991 at the (Figures 1, 2 and Appendix). Staff support is request of Governor Arne H. Carlson. Lieutenant provided by the Lieutenant Governor's office, Governor Joanell M. Dyrstad was appointed Minnesota Planning and the local government 3'r PPointed chair associations. of the Commission. The Commission was created to strengthen Mission and Vision communication and cooperation between local and After several meetings, it became clear that the state government and to ensure effective and Commission needed to better focus its activities efficient delivery of services to all citizens. In part, and thoroughly assess what it should do to accomplishes this by providing a effectively carry out its purpose. How could it be the Commission accomp forum for discussing matters of interest and most effective in bringing about change beneficial importance to local units of government and state to state and local government? How could it better agencies and by preparing recommendations for serve the Governor and his administration? What consideration by the administration. It also serves responsibilities did it have to member local as a sounding board for important administration governments and citizens? To answer these initiatives. questions and to provide a clearer direction for 1 • aernidtl Mo.. hen- I will' A -zandri- '0 .1 County wme.r. Figure 1. X Dyrstad Commission Members 111.� 1111111 Cities, Counties and Townships �'� Red ling ___kw—inhliiii& Luv•pill ■rno Elamngto' ii'field Twp. MN Planning Graphic January 1992 The Dyrstad Commission 3 future commission activities, members organized Our efforts and activities will reflect a respect for and attended a day and a half retreat facilitated by all governmental entities, a willingness to listen to the Management Analysis Division of the each other's ideas and a trust in the ability of Ell • Department of Administration. groups to effectively carry out their responsibilities. The retreat provided an environment for sharing Through these values, we will foster cooperation, mutual concerns and fostering a sense of trust and collaborations and creativity in the effective and understanding among members. It also resulted in efficient delivery of public services. the creation of the following mission and vision. Vision Mission: 1. Develop consensus on roles,relationships and The purpose of the Dyrstad Commission on Local responsibilities. and State Relations is to facilitate positive change by developing principles that guide, change and 2 Create shared agenda for needed change. strengthen relationships. 3. Develop new criteria for mandates. By listening and interacting, we will generate and 4. Mutually determined priorities on spending, recommend creative solutions. We will be leaders revenues and delivery. in accomplishing this change. 5. Promote greater public support and understanding of state and local issues. Our ultimate customers are the citizens of the State. We serve those citizens by representing 6. Evaluate Commission activities. local government's perspective as we advise the 7. Promote effective governmental accountability Governor and Lieutenant Governor. systems. Greenfield • Golden Valley Maplewood Figure 2. St. Paul Dyrstad Commission Members Minnetonka Minneapolis Metropolitan Area Cities • ♦ Eagan Prior Lake H MN Planning Graphic 4 MN Planning January 1992 • Findings and mandate submittals. The Commission has done additional work involving mandates that will be discussed later in this section. Recommendations The Commission participated in a retreat to During its first six months of operation the establish a mission and vision for future activities Commission was involved in a variety of activities and to develop specific work tasks aimed at relating to state and local governments. These accomplishing its mission and vision. The retreat included discussions on mandates, levy limits, the also resulted in the Commission focusing attention presidential primary,truth in taxation,motor vehi- on several other important issues discussed below. cle excise tax and the Ladd study. The Ladd study was commissioned by the 1989 Legislature to study Background the fiscal condition of cities, evaluating the extent to which the current aid formulas help the neediest State and local budgets are increasingly under cities and to devise alternative aid formulas for aid pressure to maintain or increase the level of distribution. The Commission also heard from services with fewer financial resources. Federal several governmental officials including Secretary aid, as a percentage of state-local outlays, dropped from more than 26 percent in 1978 to less than 18 of State Joan Growe; Peder Larson, Legislative Relations Director; Julie Brunner, Department of percent in 1988. Worse yet,federal aid is expected Human Services; Esme Evans, Department of to account for only 11 percent of state-local outlays Revenue;and Frank Church,former commissioner in 1998 (Figure 3). These trends, coupled with recent state budget shortfalls, demands from local of the Department of Public Safety. residents for property tax relief and levy limits However, the issue of mandates most held the have seriously strained local government's ability to cope with unfunded mandates(mandates which attention of the Commission during early meetings. are required by rule or statute but receive no state For purposes of this report and the work of the Local units of government understand Commission, mandates have been defined as follows: a requirement found in statute, rules, that certain mandates are justified and necessary to achieve important state policy objectives. policies, or procedures which applies to cities, However,they believe too many such mandates are counties, or townships which,if not complied with, results in civil liability, criminal penal passed on to local governments without appropriate �' consideration of the burdens, financial and substantial economic sanction such as loss of administrative, such mandates impose. funding,or severe administrative sanctions such as closure or non-licensure of a facility or program. Figure 3. Federal Aid as a Percentage Mandates significantly affect both the financial 30 of State-Local Outlays and administrative operation of local government. _ Because of this,the Commission recommended that ss state agencies list mandates under their authority 20 - and identify those that could be eliminated. The Governor issued an executive order in April 4 • •, • requiring state agencies to compile a list of 10 mandates affecting local units of government that s could be eliminated or modified. The lists were to be submitted to Minnesota Planning. The °i�ss 1965 1975 ,9es is9s Commission also requested review of agency Source:The Urban Institute.1989. January 1992 The Dyrstad Commission 5 In September Governor Arne H. Carlson asked the 8. Control of rapidly escalating medical • Commission to advise him on mandates affecting costs. local units of government that could be eliminated. • Levy Limits (M.S. 275.51) The following information represents the Commission's recommendations on mandate This law limits the ability of cities, counties and reform. The information is divided into three township to raise revenue. The 1989 Special Session of the Legislature repealed all levy parts. Part one includes those mandates for which limitations for cities, counties and townships. Th e immediate action is recommended; these are the priority mandates. Part two represents those repeal included the overall levy limit, per capita limitations and tax rate limitations. The effective topics where there was inadequate information or time for a thorough discussion. These have been date of the repeal for cities and townships began in calendar year 1991, for taxes payable 1992, and identified for further study. The third part calendar year 1992, for taxes payable 1993, for concerns the need for land use legislation. counties. Priority Mandates The 1990 Legislature delayed the repeal of the •Worker's Compensation overall levy limit for cities and townships for one Rationale: Workers' compensation costs have a year; this change makes repeal of levy limits the same for cities,counties,and townships,i.e.,repeal significant budget impact on many local in 1992 for taxes payable 1993. government units. Consequently,the Commission believes that meaningful reform of workers' Rationale: Levy limits on local governments compensation laws is critical and must be artificially cap revenue. Removal of levy limits accomplished during the 1992 legislative session. would enhance local accountability and allow local units to plan for and respond to changing financial Recommendation: To ensure that real conditions, cuts in state aid, increasing costs of reform is achieved, the Commission endorses federal and state mandates and local taxpayer the following principles upon which any choice concerning local spending and taxing. The workers' compensation reform legislation current system of levy limits forces local should be based. There must be: governments to levy the maximum allowable 1. No state general revenue fund rather than risk future changes in the levy limit. appropriation or additional tax; law or its calculation. Without levy limits, local 2. Bipartisan legislative support; governments would be able to g practice sound 3. Substantial judicial reform; financial management, and determine levy and 4. Elimination of all situations where the spending needs on an annual basis after assessing workers' compensation system, along local needs and the overall economic climate. with other applicable benefits, pays more than the employee would have Mid-year state aid cuts for local Y governments for received in wages; the past four years have severely strained the 5. Elimination of lifetime workers' budgets of local governments in Minnesota. Levy compensation benefits for employees limits have not allowed local revenue growth to without serious physical disability; keep pace with increased costs due to inflation. 6. A substantially restructured system Local governments experiencing population growth. which reduces litigation; are no longer given any increased levy authority to 7. No artificial compression of workers' handle the increased service needs which result compensation insurance rates; from population/household growth or development 6 MN Planning January 1992 Levy limits have not accounted for the increasing the local level or the point of view of political costs of state mandates such as comparable worth, parties. No committee hearings were held prior to workers' compensation, binding arbitration, solid floor action. The same was true in 1990, when waste regulations and human service program there was little notice of legislation introduced requirements. establishing the date of April 7, 1992 for the primary. The decision to create the Local Government Trust Fund through dedicated revenue from 2 cents of During the session, lawmakers focused on the state sales tax are efforts by the Legislature requirements establishing the method of selecting and the Governor to set local governments separate national political party delegates. Little was said from the state budget and to withdraw from the about the costs to local government or the payment micro-management of cities, counties and of such expenses from local sources. No fiscal townships. The elimination of limits follows this impact statement was prepared, and no discussion policy. took place about state payment for the full cost of conducting the primary at the local level. The elimination of levy limits should not be viewed as encouraging or enabling the imposition of Legislators included provisions requiring that additional mandates. Local governments will not voters must request the ballot of the party of the use levy authority, without state restraint, to pay candidate for whom they wish to vote and to for any or all state imposed unfunded mandates. indicate next to their name on the voter registration file which political party ballot they Recommendation: The Commission recom- intended to cast. Legislators also included a less mends elimination of levy limits. It urges the well-understood provision to make information on Governor to support existing law repealing all voters'ballot choices available to the public as well levy limits for cities, counties and townships as to candidates and the parties for use in political effective in 1992,for taxes payable in 1993. It campaigns. The effect of that section (M.S. also recommends that the Governor oppose 207A.08)was to make such information public and any legislative efforts to either delay or available for political campaign activities such as eliminate the repeal of levy limits. fund-raising, canvassing and voter identification surveys. • Presidential Primary (M.S. 207A) This law sets April 7, 1992 as the date for the first The Legislature made arrangements for the Presidential Primary in Minnesota since 1956. It Secretary of State to pay for the cost of printing requires, for the first time, that voters indicate and providing paper ballots, absentee ballot their political party ballot preference on the voter materials and summary statements. Any other roster in order to cast their vote for the nomination costs for use of voting equipment, the hiring of of the presidential candidate of their choice and the election judges, conducting voter registration, selection of national convention delegates. renting polling places, adjusting the voter file, mailing and counting absentee ballots were not Rationale: When the statute establishing the funded. In 1991, the Legislature appropriated 1992 Presidential Primary was initially adopted, $635,000 to the Secretary of State to pay for the cost of printing. It is estimated that this level of few paid much attention. The proposal was offered funding may fall short of ballot-related expenses as an amendment to legislation pending on the floor of the Senate on the last night of 1989 special and will be apportioned among counties. No session. There was no opportunity for legislators funding of city costs for conducting the primary to consider how the primary would be conducted at was provided. January 1992 The Dyrstad Commission 7 Despite efforts by local officials to urge the 1991 Department of Public Safety records show that in Legislature to appropriate funds at the state level 1989 there were approximately 24,000 vehicles to cover all the costs of conducting the primary or owned by cities,counties and townships. Although • to repeal the law,no action was taken. Legislation not all of these vehicles were purchased in 1989, which would have authorized the state to conduct each was assessed an excise tax when purchased. the primary by mail failed to emerge for a vote on The MVET tax results in higher property taxes for the Senate floor during the final days of the local residents in order to pay the state tax, yet session. As a result,local units of government face provides no additional services. the burden of conducting the primary at the local level and must use local property tax revenues to Recommendation: The Commission pay for it. Cost estimates to conduct the primary supports legislation which would exempt from range from $3 to 5 million. the Motor Vehicle Excise Tax all vehicles purchased by cities, counties and townships. There is no compelling state interest in conducting A bill has been introduced that would exempt the 1992 presidential primary which can reason- township purchases of road maintenance ably offset the high cost to local government for vehicles from the Motor Vehicle Excise Tax. conducting an essentially political activity. Neither can state government justify the expenditure of • Comparable Worth Rules (M.S. 471.9981) limited revenues to fully fund such costs. Current law requires local governments to prepare and implement comparable worth planiH. Recommendation: The Commission recom- Comparable worth plans are plans establishing mends repeal of the presidential primary equitable compensation relationships between unless state funds are provided to cover local female dominated, male dominated and balance3 costs incurred in conducting the primary. The classes of employees to eliminate sex-based wage Commission is opposed to legislation which disparities in public employment. would merely delay the start of the primary. P P P yment. The statute also requires the Department of Employee Relations to develop rules to guide the development and • Motor Vehicle Excise Tax fees creation of compliance plans to be submitted by (M.S. 297B) local governments. The rules are to specify such This is a tax of 6.5 percent on vehicle purchases things as: the process to determine responsible; including those purchased for public purposes by jurisdictions, the compliance review process, cities, counties and townships. Vehicles used for notification of the compliance decision, procedure public safety are exempt from this tax. Revenue for requesting reconsideration, penalties and raised by the tax is deposited in the state's General procedures for maintaining pay equity. Of mos. Fund by the Commissioner of Revenue. pressing importance, the rules describe in detail the requirements for implementing reports. Rationales This mandate conflicts with traditional governmental standards about Rationale: Local units of government are. governments taxing each other. The issue is currently required to comply with the requirement; compounded by the increase in the amount of in state law to submit their plans as of December charges and fees imposed on local government by 31, 1991. Although the DOER rule-making process state agencies for such things as solid waste, began in May 1991, according to the department, hazardous waste, water etc. Records are not the rule does not become effective until February readily available to determine the excise tax on 7, 1992. This deadline is more than one montl. vehicles acquired by local governments. However, after the plans from local governments must be finished. Although many local governments may 8 MN Planning January 1992 • have adequate understanding of the proposed legislative sessions,state takeover became effective rules, it is bad policy to require them to comply January 1, 1991. However, the legislation was with standards which are not official and which modified again in 1991, resulting in income have not been fully provided to local governments. - maintenance funding at less than 100 percent. Effective Jul 1, 1992 July � counties will again be In addition, the law also contains authority for required to pay a share of the costs of four income DOER to impose penalties on local governments maintenance programs. This will save the state which are found to be out of compliance with the approximately$1.5 million during the second year rules. The legislature would review any of the biennium. recommendations from DOER when they meet in 1993. Any penalties for non-compliance with the Rationale: Counties have no ability to determine December 31, 1991 deadline may be retroactively eligibility for income-maintenance programs. imposed at that time. Eligibility as well as payment amounts are determined through a combination of federal and Recommendation: Local governments state law over which counties have no control. should be allowed a period of time after the County experience with the Department of Human rules promulgated by DOER become effective Services has demonstrated that when counties in order to complete implementation with the have attempted to limit or deny services to new standards. The deadline for finalizing individuals seeking AFDC-EA and Emergency comparable worth plans, in compliance with General Assistance, the Department has the new rules, should be extended to August 7, consistently over-ruled them. The 1988 law 1992. This allows six months for local requiring state assumption of program costs was governments to adequately review the new rule meant to create a more accountable system in and assure that their plan is in compliance. which the governmental units responsible for program costs paid those costs as well as providing Because of the length of time necessary for property tax relief to counties. DOER to review comparable worth plans submitted by local governments the penalty for Recommendation: The Commission compliance with the comparable worth law recommends a return to 100 percent state and DOER rules should not be retroactive. financing of the non-federal share of all Penalties currently reach back to the effective income maintenance programs. Specifically, date of the requirements for submission of the the Commission requests the Governor to plans (December 31, 1991). This should be include in his revised budget,funds to ensure changed to August 7, 1992. Further, because full state funding for the costs of the following of the time given to DOER for plan review, programs: AFDC Emergency Assistance, penalties should not be imposed until the date Emergency General Assistance, Negotiated on which the department determines the local Rates paid through General Assistance, and government is out of compliance and a penalty Negotiated Rates paid for through Minnesota is warranted. Supplemental Aid. The Commission also recommends greater flexibility in the rules • Income Maintenance Takeover regulating counties ability to limit or deny (M.S. 256.025) services to individuals seeking AFDC-EA and In 1988, the legislature enacted a law providing Emergency General Assistance. 100 percent state financing of income maintenance costs. After several revisions in succeeding January 1992 The Dyrstad Commission 9 •The 67-Day PELRA Rule (M.S. 179 A) • Beaver Control The 1991 Legislature amended the Public The Department of Natural Resources has Employee Labor Relations Act changing the responsibility for controlling beavers. Because of number of days from 100 to 67 that part-time recent funding cuts, attention to this activity has public employees must work to receive benefits been reduced. The result has been more beaver equivalent to full-time employees. dams which have created new wetlands (per _wetland definitions in the new law). The new law Rationale: The 1991 changes to the law have does not permit draining of certain wetlands and resulted in higher wages and greater benefits for consequently reduces the amount of developable some part-time employees. However, they have land in many areas. also resulted in local governments hiring fewer part-time employees because of the additional cost. •Tax Exempt Property (Service Fees) Also, many employees who view their work as Tax exempt properties such as churches, temporary or transitory in nature have been asked cemeteries and libraries, provide no revenue to to pay union dues even though not receiving union local government budgets. In a time when budgets benefits. are stressed, local units of government would lil:e to recoup a portion of the costs to provide such Recommendation: The Commission public services as police and fire to these uses. recommends amending PELRA reinstating the rule requiring public employees to work 100 •Technology - Computer Software days before they can receive benefits equivalent to full-time employees. Some state agencies impose overly specific, restrictive requirements on local governments for Mandates for Further Study computer equipment that is necessary to participate in certain programs. Two state These are mandates in which the Commission is agencies which impose such requirements are tr.e interested but for which ample time or information Bureau of Criminal Apprehension and tl.e was lacking in order to provide sound Minnesota Department of Transportation. Such recommendations at this time. The Commission mandates are authorized by agency requirement, would like to create small subcommittees to deal though not necessarily by rule. Although with some of these issues during the coming year, equipment that is specifically required may Le provided adequate funding is available. Other offered to cities at discounted prices, the choice of tasks the Commission hopes to address are the computer equipment, and ultimately the cost, identified in the next section on"Future Activities." is not locally controllable. • Landfills • Social Services Rule Modification (DH:3 Landfill financial assurance rules are too Rules 185, 74, and Emergency Rule 77) prescriptive and costly. These rules,drafted by the These are rules regulating case management for PCA, provide a mechanism for funding facility developmentally disabled and mentally ill indivi- closure,post-closure care and corrective actions. In duals. Currently there is minimal state funding general, these rules place responsibility for for these programs. Moreover, state rules inhibit financial assurance funds with landfill owners and equitable distribution of funds. For example, a operators. Local government contends that the client developmentally disabled plan that specifies state should share some of the responsibility for services as needed makes it difficult to allocate raising funds for these purposes since the state funds equitably for the whole year. Consequently, promoted sanitary landfills prior to 1980. 10 MN Planning January 1992 the first to apply for funds are well served, but if The Commission believes some change may be funds run out, later requests are put on hold. necessary to clarify responsibilities. However,they propose discussions with affected local governments Counties believe the rules are too prescriptive, and and additional study before recommending changes really not a plan but rather a compliance docu- in the current law. ment. They also force counties to develop unneces- sary services and create excessive paper work. • Medical Care for Indigents •Workers' Compensation (restrict A growing problem for county-operated and county- funded medical facilities is how to finance care for presumptions of occupational diseases) indigents who reside outside the county. Many of (M.S. 1 76.011) these public hospitals are facing serious financial Current law assumes that certain diseases are shortfalls due to the growing number of indigent job-related and, therefore, compensable under patients for whom they have been unable to secure workers' compensation laws. This assumption financial reimbursement. applies only to local governmental units and does not consider the health influences of non-work Large hospitals like St. Paul-Ramsey Medical activities and Center serve the entire state, but particularly the previous experiences. Further East Metro Area. Ramsey County officials have discussions are necessary to determine if it is estimated that medical care costs for indigents appropriate to modify the presumption to apply from Dakota County will total nearly $550,000 in only after an employee can establish absence of personal risk factors that could have caused the 1991; indigents from Washington County, disease or illness. The Department of Labor and $418,000. Industry is responsible for workers' compensation claims made under this provision. The Legislature has attempted to assist counties in financing indigent health care by allowing a special levy for this purpose. However, the special levy • Detox Center Services (M.S. 256G.06) does not shift the burden of who is to pay for these The issue of who is responsible for detoxification additional costs. It only makes it legal for the services is a serious problem for some counties. County Board to increase property taxes of Some believe the financial responsibility lies with residents to cover these costs. The Ramsey County the county where the intoxication occurred and the Board's proposed 1992 budget appropriates $5.9 need was determined; others believe it should be million for indigent care. However, even this with the county of residence. Current law states, amount will not be enough to cover all indigent "The county of financial responsibility for medical care costs. Presumably, unfunded costs detoxification services is the county where the are initially absorbed by the medical center, but client is physically present when the need for later passed on to all patients through higher services is identified." However, determining medical service fees. where the need for services was identified is unclear and a point of contention among affected The Commission recognizes the serious nature of local governments. For example, an individual the issue and the increasing financial burden living in county A becomes intoxicated in County A facing counties, particularly those serving large but goes to a detox center in County B. Where numbers of indigents from outside the county. was the "need" determined? Was it in the county However, at this time, the Commission proposes where the person became intoxicated or was it in further study of the matter before recommending the county where the detox center is located? changes in current law. January 1992 The Dyrstad Commission 11 Land Use Legislation For these reasons, in 1985 the former Governor's Although this legislation was not initiated by the �50�' Council on State and Local Relations Commission, it is of great interest to them because approved a work plan aimed at taking a it affects cities, counties and townships and comprehensive look at the legislation. Their work was arduous and time consuming and involved regulates how they plan and control land use. A g ve d Commission subcommittee on land use legislation countless persons and organizations including was created to deal with this issue and make legislators, local government associations, county recommendations to the full Commission on zoning administrators, developers, attorneys, and the planning associations. Several drafts were whether or not to support the legislation. developed during the course of the Commissior,'s work, but not until April of 1991 was general Background: It is widely recognized that unmanaged growth contributes to land speculation, consensus reached among interested parties. rising energy consumption and higher public Description: The proposed bill provides for a service costs. Further, physical growth, -- for example,buildings,roads, sewers, and other public single unified planning law that eliminates incon- improvements--directly affects the productivity and sistent and duplicative terms and procedures ar.d codifies the planning laws for all local government use of the state's finite resources (farmland, units into a single law. The number of definitions shorelands, forest lands, wetlands, and mineral resources). It is in Minnesota's interest in the beginning of the law have been great:.y expanded to provide both professional and lay encourage local units of government to manage persons a better understanding of the contents of growth effectively and to conserve natural the legislation. The bill clarifies planning commi i- resources to the maximum extent feasible. sion responsibility, comprehensive plan require- ments and consistency with official controls;makes Currently Minnesota has three planning laws that application of subdivision regulations consistent far provide authority to cities,counties,and townships all units of government, clarifies the authority to to conduct planning and regulate land uses. The provide for a joint board to conduct planning and County Planning Act, M.S. 394.21 - 394.37, the land use regulation in the fringe areas of cities, Municipal Planning Act,M.S.462.51-462.364 and and clarifies and makes consistent public hearing the Township Act, M.S. 366.10 366.19, make requirements for all three levels of government. significant distinctions between the responsibilities and duties of these levels of local government in Recommendation: planning and land use control. They also identify • The Commission will work with ways that units of local government should interact previous participants to ensure passage when carrying out their responsibilities. of the legislation during the 1992 legislative session. There are some serious inconsistencies among the • Commission members will testify in three laws,duplicative lanzuage and a general lack support of the legislation at committee of clarity among some. .,,�tions. Moreover, past hearings if needed. changes to the legislation have generally been • Commission members will discuss and piecemeal. In addition, the laws do little to promote the measure among local improve cooperation among local units of legislators. government in dealing with growth management • The Commission recommends that the issues on the fringe of cities. proposed bill be passed into law by the Legislature and signed by the Governor. 12 MN Planning January 1992 Future Activities the legislative process. This is too late. They prefer a more integral role in developing the legislation or being able to provide comments or The Commission, providing staff and time permit, input early on in the process. Financial impacts is proposing several new issues for the coming are particularly troublesome. Early involvement year. These include additional work on mandates, might reduce the need for fiscal notes and would state agency initiative review, further review of reduce the number of concerns or questions raised service consolidation and infrastructure needs and about fiscal impacts during the legislative process. greater involvement in the Minnesota Milestones It would also provide more time for local units to Program. respond and should result in a smoother hearing Mandates process. The Governor's executive order requiring state Recommendation: The Commission agencies to compile a list of mandates and to recommends establishing a small identify those that could be eliminated or modified subcommittee to work with the Governor's is one area the Commission wishes to continue to Legislative Relations Ofd to develop a address during the coming year. In complying process to review agency initiatives affecting with the executive order,agencies were required to local units of government. Early involvement develop an action plan describing how and when in the Process is key. The subcommittee's mandates could be modified or eliminated. input would provide early warning of particularly troublesome impacts. It would Recommendation: Initially the Commission also provide an opportunity for the proposes working with state agencies on subcommittee and state agency to solve the mandates where there is mutual agreement on difficulty before the bill is introduced and mandate modification and where local heard in committee. government participation would be desirable. The commission proposes having the mandate Service Consolidation and subcommittee form a work group with staff from the agency to develop recommendations Infrastructure for modifying the mandate. Once the agency Over the last 90 years there have been dramatic and the subcommittee reach agreement on changes in Minnesota's population distribution and proposed changes, recommendations will be transportation and communication systems. The developed and brought back to the full range and complexity of services expected of Commission for endorsement. These various local governments and districts has also recommendations could result in amending changed greatly. Declining state and federal current law or developing new legislation. sources of revenue and increasing local government costs are putting pressure on taxpayers and local Later efforts will involve working with budgets. At the same time, fragmentation of agencies where there is a difference of opinion services and conflicting jurisdictions are often regarding the actual need for the mandate. frustrating citizen customers, sometimes under- mining the quality of service and paralyzing State Agency Initiative Review decisions. A charge frequently leveled by local units of Infrastructure has been identified as a key element government is that they are often unaware of state Minnesota's quality of life and economic in agency legislation that affects them until it is in viability. However, inadequate and aging January 1992 The Dyrstad Commission 13 infrastructure is becoming all too common in Minnesota Milestones Minnesota, particularly in small communities where tax bases are stable or declining and the Minnesota Milestones is a long-range planning population is aging. In addition, not all program intended to establish a vision and communities have developed plans for future measurable goals for the state to achieve in 20 or infrastructure needs. Of concern are sewer and 30 years. The program has invited all water systems, streets and highways, abandoned Minnesotans to help decide what the vision and wells, libraries and schools. As federal spending goals should be by talking about what they would like their community and the state to look like in for such systems continues to decline, heavier burdens fall to the state and local units of the future. The goals or milestones, as they are government. Decisions are needed on sometimes called, will provide a way to measure responsibilities,priorities and funding mechanisms how successful we have been in ensuring that the for local level infrastructure. vision developed today is what we find in the future. One of the major elements of the Commission's vision statement was to develop a "consensus on One of the underlying themes of the Dyrstad roles, relationships and responsibilities." These Commission is to improve cooperation and very clearly relate to the topic of service coordination among governmental units and to consolidation and infrastructure. Four areas were ensure that government services are provided in identified in the vision: the most effective and efficient manner possib.e. Obviously, the Commission has a vital stake in the • redefined roles and responsibilities of different Milestones program,since it will be setting goals to levels of government; improve state government and the services it • recognition of the interdependent nature of those delivers. Providing input and comments to the responsibilities; process will help the Commission achieve its • government responsibilities examined for mission while improving cooperation among state efficiency; and and local government. • responsive local service strategy. Recommendation: The Commission Recommendation: These are long-range proposes active involvement in commenting on relatively complex topics. Initially the the vision process and in the review of Commission recommends creating a milestones that will affect local units of subcommittee to monitor work being government. This will be accomplished conducted by the Ramsey County Legislative through presentations by Milestone planners Commission on Local Government Services and general monitoring of Milestone progress. and the Northern Minnesota Citizens League which recently completed a study on shared services. The Commission also proposes collecting background information to heighten awareness of the issue and serve as a forum for further discussions among Commission members. 14 MN Planning January 1992 Appendix DYRSTAD COMMISSION ON LOCAL AND STATE GOVERNMENT RELATIONS MEMBERSHIP LIST Karen Anderson Gretchen Maglich Councilmember Minnetonka Assistant City Manager Maplewood Lydia Andren Dean Massett Mayor Prior Lake City Manager Red Wing Larry Bakken Duane McCarty Mayor Golden Valley Commissioner Ramsey County Mary Lou Beckman Joann Miska Commissioner Wabasha County Commissioner Redwood County Marvin Brunsell Ken Murphy Finance Director St. Cloud Commissioner Pennington County Patricia Carlson Karl Nollenberger Social Services Olmsted County Administrator St. Louis County Jim Collins Mary Page Mayor Hibbing Commissioner Renville County Bob Demuth Steve Perkins Mayor Worthington City Manager Luverne Gary Doty Donald Peterson Mayor Duluth Township Official Dodge County y Don Fraser Douglas Peterson Mayor Minneapolis Mayor Bemidji Joan Jewett Jim Scheibe' Township Official Aitkin County Mayor St. Paul Russell C.A. Johnson Dick Stafford Township Official Douglas County County Auditor Washington County John Keefe Leland Swanson Commissioner Hennepin County Mayor Morris Morris Lanning David Twa Mayor Moorhead Administrator Blue Earth County Gail Lippert Eugene J. VanOverbeke City Clerk Greenfield Finance Director Eagan January 1992 The Dyrstad Commission 15 1991 LOCAL GOVERNMENT SALARY STUDY Office of the State Auditor Research and Government Information Division March 1992 PREFACE HNi 'MtiWi9GViG .... .............. ....':9+'64<ti0'CY.VMK40YK+iriWVi(V.•IOtV:9GP`tPwiW. This study of salaries and wages paid to employees of Minnesota's local governments has been prepared by the Office of the State Auditor as mandated by Laws of Minnesota (1991), Chapter 345, Article I, Section 20, Subdivision 4. In pertinent part, the mandate requires: By February 1, 1992, the state auditor, with the cooperation of the commissioner of employee relations, shall report to the legislature on the salaries of the positions subject to the political subdivision salary limit in Minnesota Statutes, section 43A.17, subdivision 9. This report shall included analysis of total salaries, highest salaries, comparisons with other states and public and private sectors, and any other information the state auditor considers appropriate regarding salaries and other potential efficiencies and cost savings in political subdivisions. Political subdivisions shall cooperate with the state auditor in providing the information necessary for this report. This Report is the culmination of seven months of extensive data collection, research and analysis of Minnesota's local government salaries. The report was prepared by the Research and Information Division of the Office of the State Auditor. The division is headed by Mr. Jim Gelbmann, Assistant State Auditor for Research and Information. The study, and preparation of the Report to the Legislature, was directed by Ms. Dorothy Bliss, Director of Research. Mr. John Jernberg and Mr. Dan Medenblick conducted much of the research for this study and assisted in drafting the report. Assistance was also provided by Mr. Robert Paolina. The Office of the State Auditor could not have completed this project without the assistance of Commissioner Linda Barton of the Minnesota Department of Employee Relations and her staff, Ms. Jan Wiessner, Assistant to the Commissioner, Mr. Jim Lee, Director of Compensation, and Ms. Liz Koncker, Personnel Representative. The Commissioner and her staff assisted our Office in designing the methodology for the study, as well as providing insight on a number of issues related to public employee compensation. The Office of the State Auditor also extends its appreciation to Commissioner R. Jane Brown and the staff of the Minnesota Department of Jobs and Training. Commissioner Brown made available data on Minnesota's private sector salaries and wages collected through the 1990 Annual Salary Survey conducted by the Department of Jobs and Training. This data base was a key component of our analyses of local government salaries. The Office of the State Auditor would also like to thank the Association of Minnesota Counties, the Minnesota School Boards Association, the League of Minnesota Cities and the dozens.of local government officials who provided input for our study. These individuals provided us with technical assistance to facilitate our analysis of the wage and salary data. They M also responded to our inquiries as we sorted through the many issues related to the wage and salary comparisons. The associations designated individuals to serve on an advisory council established by our Office for this study. (The membership of the Advisory Council, in addition to the over 50 individuals who took the time to provide input into the many issues addressed by this study, are identified in Appendix A.) Finally, we would like to extend our most sincere appreciation to the hundreds of local government officials who took the time to complete our surveys and respond to our requests for clarification of the information provided. This Report is hereby respectfully submitted to the Minnesota Legislature in compliance with Laws of Minnesota (1991), Chapter 345, Article 1, Section 20, Subdivision 4. Mark B. Dayton State Auditor March 1992 u EXECUTIVE SUMMARY During the 1991 Minnesota legislative session, an article in the St. Paul Pioneer Press on local government salaries caught the Legislature's attention. The article focused on the number of St. Paul city employees earning over$50,000 per year. It generated so much concern that the Legislature considered language freezing non-represented local government employee salaries. One proposal froze all salaries over$50,000; another went even further and froze those salaries above $35,000. In conference committee the language freezing salaries was omitted. In its stead, the Office of the State Auditor was directed to do a study of local government salaries. To do this study, we looked both at groups of employees earning over and those earning less than $50,000 per year. For employees earning over $50,000, we conducted a survey of over 650 cities, counties, school districts and special services districts with at least one employee earning more than $50,000. For employees earning less than $50,000, we relied on data from several local government surveys. We compared this local government data to salary data for similar private sector occupations. SUMMARY OF FINDINGS Employees Earning Over $50,000 In our research we found that as of June 30, 1991, over 4,800 local government employees earn more than $50,000 per year. Based on the Census Bureau's 1989 count of 137,071 full-time local government employees statewide, this means that approximately 3.5 percent of all full-time Minnesota local government employees earn over$50,000 annually. Five percent of Minnesota state government employees earn over $50,000. For all employees in Minnesota, in both the public and private sectors, six percent earned over $50,000 per year in 1990 (CPS data). Almost 70 percent of the local government employees earning over $50,000 are in administrative, managerial, or supervisory positions. Other positions paying at that level are highly trained professionals, such as attorneys or engineers. In addition, a significant proportion of city employees (26 percent) paid over $50,000 are police and fire personnel. Insufficient data made it impossible to compare every position earning over$50,000 with similar positions in the private sector. Where comparisons are possible, however, we find that most local government professionals make wages comparable to their private sector counterparts. Some occupations, such as social worker or librarian, earn more in local government. Others, such as attorneys, engineers, and accountants, may be able to earn more in the private sector. iii One area in which the private sector clearly pays more than the public sector Tor comparable positions is in senior management. We compared the salaries of alimited number of top metropolitan local government managers (i.e., county administrators, executive directors, and mayors) to the salaries paid to senior executives in selected Minnesota corporations. (See Table C-i on page 65.) These comparisons show that private sector senior executives earn several times more than comparable top executives in local government. We were not able to make similar comparisons for lower-level managers or for the administrators of medium to small local jurisdictions. The responsibilities of administrators, managers and supervisors in both the public and private sectors can vary widely. More focused research would be needed to make adequate public-private comparisons for these jobs. Local Government Executives - National Comparisons The International City Management Association publishes annual comparisons of the average salaries of local government executives (e.g., city managers, county administrators, finance directors, police chiefs) for all states. Our review of Minnesota's local government executive salaries for 1990, relative to other states, found that Minnesota ranks from fifteenth for the average salaries of assistant managers, to seventh for the average salaries of parks and recreation directors. The Bureau of Labor Statistics (1990) reports that Minnesota ranks fourteenth among the states for average salaries of all public and private sector employees. Minnesota's national rankings for local government executive salaries, therefore, are comparable to its national rank for overall salaries. Employees Earning Less Than $50,000 When we looked at local government employees earning less than $50,000, we found that the lesser-paid employees of local governments tend to earn more than their private sector counterparts. Our comparison of benchmark occupations indicates that local government salaries for a number of jobs seldom fell behind the private sector average. Metropolitan area jurisdictions, especially, generally out-paced the wages of the private sector. Significant Disparities in Local Government Salary Structures In addition to wages, we examined the salary structures of local government jurisdictions by comparing the percent of full-time employees paid over$50,000 between cities, counties and school districts of similar characteristics. We found that metropolitan area cities have the greatest disparities in their salary structures, ranging from no employees paid over $50,000, to 10.48 percent of the employees of the City of St. Paul earning over$50,000. Greater Minnesota city salary structures range from no employees earning over $50,000 to 6.1 percent of Rochester's work force earning more than$50,000 per year. iv All metropolitan area counties pay some employees over $50,000. Carver County pays 3.5 percent of its work force over $50,000, while Ramsey County pays 10.53 percent of its employees over $50,000. Greater Minnesota counties appear to have the most uniform salary structures, ranging from no employees earning over $50,000 in 37 counties, to 2.7 percent of Sherburne County employees earning over $50,000. All metropolitan area school districts employ at least one person at $50,000 per year or more. Their salary structures range from one percent in the Norwood school district to eight percent in North St. Paul. At least 187 Greater Minnesota school districts employ one or more individuals at salary levels of$50,000 or greater. Their salary structures range from less than one percent of employees over $50,000 to seven percent of employees earning over $50,000 in the Kenyon school district. The results of this analysis show a general lack of consistency in salary structures for cities and school districts. For example, the results of Table 3 on page 16 show that there is no apparent relationship between city size, expenditures, and the salary paid to the city manager. Table 4 on page 19 reveals that some large cities pay a smaller proportion of their full-time employees more than $50,000 than do other, smaller cities. This discrepancy is also true for school districts, and the salaries paid to school superintendents (see Table C-2 on page 70). Counties, on the other hand, seem to follow a more consistent pattern: larger counties usually pay higher salaries than smaller counties. Public Employee Unions Impact Salaries Part of our survey research involved asking whether a position was represented by a bargaining unit. We found that almost 85 percent of employees earning over $50,000 in the City of St. Paul are represented by a union. Over half of the City of Minneapolis' employees at that level are represented. Nearly a third of Hennepin and Ramsey county employees over $50,000, and over 40 percent of high-paid school district employees are organized. The levels of unionization in the suburban metropolitan area, and in Greater Minnesota, are much less. Levels of unionization are clearly related to salary levels. A study by the National Conference of State Legislatures found that the states with the highest average earnings for state and local employees also are highly unionized; the states with the lowest average earnings have low unionization. Benefits Range From Good to Excellent After analyzing local government employee salaries, we opted to review employee benefit packages as well. We found evidence of good, and often excellent fringe benefits. For example, 14 percent of private sector employees receive over 25 days of paid vacation per year, regardless of their length of service. In contrast, almost 28 percent of Greater Minnesota v cities over 2,500 offer more than 25 paid vacation days per year, after 15 to 30 years of service. One bargaining unit in the City of Mountain Iron receives 40 days of paid vacation (eight weeks) after 25 years of service. Another area where the public sector benefits clearly exceed private sector levels is in paid holidays. Only 28 percent of the full-time employees in the private sector receive more than ten paid holidays; in contrast, 76 percent of the Minnesota cities and counties in our sample provide more than 10 paid holidays.: In the area of sick leave and health insurance, local government employees also fare better than the private sector. Many private sector employees have a limited number of days to use for sick leave each year, while local government employees may carry sick leave accruals over from one year to the next. Virtually all local governments in our study offer some level of health coverage. For counties and non-metropolitan cities over 2,500, about 78 percent. pay the full premium for single coverage. For metropolitan cities over 2,500, 93 percent pay the full premium for single coverage. Many private sector employers offer health insurance., but only 48 percent of workers have the full cost of coverage paid for by their employers. The combined effects of good pay and great benefits means that local government employees overall fare better than their private sector counterparts. THE NEED FOR COMMON GOALS TO ACHIEVE COST CONTAINMENT Our findings indicate there is sufficient reason for concern about the salaries and benefits being provided for many local government employees. For cities over 2,500, salaries and benefits comprise approximately 54 percent of total city expenditures. For Minnesota counties, salaries and fringe benefits account for approximately 38 percent of total expenditures. (The lower county percentage is a result of the large amounts counties spend on payments to individuals for various public assistance programs.) Efforts to contain local government costs cannot ignore areas of overly generous employee compensation. A number of different groups are involved in, or affected by, the salary setting process. To address the friction inherent in efforts to contain local government spending through controls on local government salary levels, and the desire of local governments for autonomy in salary decisions, we considered both the spoken and implied goals of each of these groups. They include: the Legislature; local governments; unions; both public and private sector employees; private sector employers; and the taxpayers of Minnesota. The principal goals of these groups are: *Ten paid holidays are mandated by state law (MN Statutes 645.44, Subd. 5). vi 4r 1) maintain or improve service quality; 2) cut the costs of doing business, or keep costs low; 3) keep taxes, individual and corporate, from rising; 4) improve working and employment conditions; and 5) control government spending. • Many of these goals are shared by more than one of the parties listed above. These goals also reflect the tension between the forces for saving and those for spending. Our most important finding in this exercise, however, is that one important group may not share the goal of reducing government costs, particularly if it affects wages. Public employee unions rightfully exist for the purpose of protecting and enhancing workers' rights, wages, and benefits. They share no responsibility for reducing public spending. Because of their size, and therefore influence in the public sector, they are an important counterweight on the drive to control costs. Public employee unions representing essential employees(e.g.,fire, police) have a unique influence on local government salaries. If a local government and an essential employee bargaining unit are unable to negotiate a contract, the matter goes to arbitration. In arbitration, a neutral third party is chosen to decide the contested issues. The decision of the arbitrator is binding on both employer and union. The effect of the binding arbitration process is to place decisions about salary levels in the hands of individuals with no direct accountability to local taxpayers. Because of their size and influence, unions have another effect on the salary setting process. State and local elected officials are reluctant to conflict with employee unions, which wield considerable political clout. For example, the Minnesota Senate last year approved a proposal to freeze local government salaries over $50,000 -- but only for non-represented employees. Locally elected officials also may have difficulty challenging the salary requests of public employee unions. Public employee unions can be a significant factor in the outcome of local elections because of their ability to turn members out to vote, combined with the relatively low general voter turnouts for local elections. Elected officials need the direct involvement and cooperation of public employee unions if local government salary levels are to be addressed. It may also be in the best interest of public employee unions to become involved in attempts to balance local government salaries with those in the private sector. Failure to address excessive disparities in local government and private sector salary structures where they exist will breed increasing levels of taxpayer discontent. Minnesota taxpayers may opt to register their discontent at the ballot box. Forcing government cost containment through the election of candidates committed solely to reducing government spending could result in significant public sector employee layoffs and critical.reductions in public services. vii THE EFFECT OF STATE POLICIES The statute creating this study directs the State Auditor's Office to compare local government salaries with the private sector The Legislature has directly indicated, however, through policies enacted in statute, that there-are at least two areas where they clearly do not want public sector salaries to mirror private sector salaries. The first is in traditionally female- dominated job classes. Through passage of landmark pay equity laws in 1983 and 1984, the Legislature made it clear that their goal is to correct market-based inequities in pay between male-dominated and female-dominated jobs of comparable worth. As the policy succeeds, the expected result is to find an increase in the difference between private sector and public sector pay for the affected occupations. The second area where public sector salaries differ from the private sector by design is in top-level public sector jobs. The legislatively mandated salary cap for public employees of 95 percent of the governor's salary indicates the Legislature's belief that no public employee should aspire to earn more than the highest-ranking public employee. While exceptions to this rule are made for physicians, the Minnesota Legislature has effectively sent the message that employment in the public sector is in large measure service, and that there is a reasonable limit to what public servants can expect to be paid. SUMMARY OF CONCLUSIONS Based on the findings of this study, we draw these main conclusions: 1) Local government employees overall are adequately, and often amply compensated relative to the private sector as a whole. The fact that local government employees fare well in a comparison of average salaries with the private sector does not mean, however, that every local government employee is overpaid. Nor do we conclude that most local government employees earning over$50,000 are overpaid. In fact, we found no reason to focus concern about salary levels only on employees earning over$50,000 per year. If over-compensation of public sector employees is suspected, it should be investigated on a jurisdiction by jurisdiction,job class by job class basis. This applies to the examination of overgenerous benefits, as well. 2) The level of unionization among local government employees earning over $50,000 in the metropolitan area is so high that any blanket approach to controlling salaries, if it focuses only on non-represented employees, will miss the mark. viii i Despite their concern about local government salaries, the Legislature did not propose a salary freeze for union members. We heard several times from local government officials that a selective freeze on only non-represented employees -would only provide the necessary motivation for groups of currently non-represented local government employees to organize (e.g., department heads and professionals). The only group of employees left unorganized in the metropolitan area could eventually be those statutorily prohibited from doing so. 3) The apparent lack of consistency in salary structures for Minnesota cities and school districts points to the need for greater understanding of the factors influencing salary levels, and the need for more accountability to the taxpayers in those areas. The findings relative to salary structures for all jurisdictions are preliminary. We have made this conclusion based on our comparison of the percent of employees paid over $50,000, local government size, population, and fiscal capacity. We found a fairly consistent salary pattern for counties: larger counties tended to have a larger percentage employees paid over $50,000. When we compared cities of similar size, however, some had many more employees paid over $50,000 than others. The numbers and salaries of full-time and part-time employees also varied quite dramatically for cities of similar size. The percent of employees paid over $50,000 also did not appear to be related to the total number of pupils in a school district. We do not know every reason for this variation in the number and percent of high-paid staff. However, state and local officials, and Minnesota taxpayers, should take note of these differences and determine if the salary structures of individual jurisdictions are appropriate. 4) The extent of health and pension coverage offered by local governments is commendable, as it meets the goals of social policies. Local government employee paid leave benefits for some jurisdictions, however, are extremely high compared to those offered in the private sector. Local government fringe benefits vary somewhat between jurisdictions and bargaining units, but are uniformly generous. Health and pension benefits help to meet the goals of government, by taking care of employees who need assistance in illness or advanced age. Overly generous paid leave compared to the private sector, however, only contributes to the public impression of inefficiency and wastefulness in government. These disparities need to be addressed and analyzed in relation to other factors in public employee compensation. 5) To be successful in keeping public sector salaries in line with private sector salaries, some means must be found to encourage public employee unions, especially those of essential employees, to share the goal of government cost containment. ix For unions, increasing constraints on spending in the public sector have already created some difficulty. Fringe benefits, such as health insurance, while generous in the public sector compared to the private sector, have been affected. Unions are feeling the pressure of trying to maintain the status quo. • Nonetheless, public employee unions may need to adjust their responsibilities toward members. "Good" might no longer be defined as across-the-board annual increases in wages above the cost of living. Instead, more compensation might be given according to individual performance and productivity. Opportunities for merit pay could be increased, with unions ensuring that the measures of performance are clear, consistent, fair, and equitably applied. All employees should have the opportunity to excel. Unions would have to be willing to allow members to shoulder the responsibility for turning in a job performance that merits an increase in pay -- and be willing likewise to allow some members not to receive an increase. SUMMARY OF RECOMMENDATIONS I) Affirm the salary cap and pay equity laws. Both the statutory salary cap and the pay equity requirements are repeatedly raised as significant issues by representatives of local government, although neither of these two policies have anywhere near the effect on local government salaries as do public employee unions. The salary cap has been reached by only two local government employees, indicating that at its current level it is not a problem for most local governments. This statute prohibiting public sector employees from earning more than 95 percent of the Governor's salary is one of the few checks the Legislature has successfully placed on the growth of local government salaries, and should be retained. The Department of Employee Relations reports that the average cost of implementing pay equity for local governments is about two percent of payroll, although this percentage may vary considerably from jurisdiction to jurisdiction. This policy plays an important role in defining the nature of public employment, and should not only stay in place but be reaffirmed. 2) Do not impose a blanket freeze on local government salaries at any level. There are many factors to consider when trying to discover if local government employees are overpaid. These include the population served, number of people supervised, size of budget, and other individual responsibilities. When public sector employees are generously compensated compared to their private sector counterparts, there may be rational and justifiable explanations for the differences. The mere existence of differences in public and private sector salaries does not necessarily reflect capricious overcompensation on the part of local x governments. The possible factors should be considered, and instances of overcompensation investigated on a regional and job class basis. 3) Require local governments to report periodically on their overall salary structures to the Legislature and to local taxpayers. Though we found that many local government employees, especially highly trained professionals, are paid salaries comparable to those.found in the private sector, and that senior executives are sometimes paid less, we could not ignore the fact that some local government employees are overpaid relative to the private sector. Local governments should be allowed considerable discretion in establishing salary policies. But it is reasonable to expect that there should be some relationship between salary levels and other factors, such as the quality of services provided. At a minimum, there should be public accountability in local salaries. Local government salary data is public information and is available upon request. Many local governments report salary information annually. This information, however, is not always readily available or understandable to the general public. Overall local government salary structure information should be periodically provided to the Legislature and to local taxpayers. Comparisons of salary structures between similar units of government will make it possible to identify areas of overcompensation that are not caused by the implementation of state policies. Such information will allow local taxpayers to determine if the salaries of their local government employees are comparable to the salaries paid by other local governments with similar characteristics. • 4) Institute reasonable limits on paid leaves for local government employees. Benefits for local government employees are even more generous, compared to the private sector, than salaries. Fringe benefits levels in local governments are almost always above the private sector average. This is especially true in the area of paid leaves: vacation days, holiday, and sick leave. Because these policies essentially pay employees for not working, local governments need to take steps wherever possible to correct excessive leave policies, including accruals. 5) Ensure that all employers offer adequate health and pension benefits. A significant portion of the cost of inadequate health and pension benefits for working Minnesotans is clearly borne by the State. While the provision of generous health and pension benefits is another factor setting local government employment apart from the private sector, these benefit levels may be viewed as fulfilling the Legislature's policy goals. Rather than reduce these benefits to private sector levels, private sector employers should be encouraged, if not required, to offer adequate health and pension benefits to their employees. xi 6) Develop incentives for public employee unions to participate in cost- containment efforts. The issue of union settlements was pervasive throughout our -discussions with local government representatives. Part of the issue of high union salaries is historical: earlier • generous settlements continue to carry the whole structure forward at a higher level. Another part of the problem is that the binding arbitration process does not have to take costs into account. Public employees are organized to a much greater degree than private sector employees, and even more are poised to organize if a salary freeze is imposed. Solutions to high salary costs for local government will not work unless unions participate. Unions need to recognize that it is in the long-term interests of their members to share in efforts to contain the costs of government. DIRECTIONS FOR FUTURE STUDY The issues of salaries and occupations are immensely complex. We have given an overview, with specific focus on local government salaries over $50,000. But the possibilities for analysis are endless. This is in part because salaries are a moving target: always changing. It is also because every job is to some degree as unique as the individual that holds it. 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LLJ , -.....1,) ......(-) s-. _...,_ .(ti. , 4...c...,d- _ict -,-)-t. ... u.2r0.)) ,,ck. / jcpn4...) al . .9 111-771.20, _ ,s,4„:„..,....1- ...._ . ,..., ......... 4- .-) (I)V‘,1 /UST Or 0 — LO-A1-4 CACK FOR BOARD USE ONLY LG214 BASE# (7/29/91) PP# FEE Minnesota Lawful Gambling CHECK INITIA Premises Permit Application - Part 1 of 2 DATE LS Ty e:;,o A ll�catlort:: Class of premises permit Renewal - (check one) Organization base license number G2xd d4 y ❑ A($400) Pull-tabs,tipboards,paddlewheels,raffles,bingo Premises permit number B($250) Pull-tabs,tipboards,paddlewheels,raffles New ❑ C($200) Bingo only El D($150) Raffles only• Or anization Name of Organization Business Address of Organization-Street or P.0 Box(Do not use the address of your gambling manager) 7,Y.-7 / /Ojx r 0, ,L./ City , Zip Code County Daytime phone number �c/'d/ /yl .4;4/4'7;9 (fit) Yf',?-L77f Name of chief executive officer(cannot be your gambling manager) Title Daytime phone number Cis/V,E/cs. /4. /9Y G/Z,V• kx,c r- V/z) - Bingo Occasions If applying for a class A or C permit, fill in days and beginning & ending hours of bingo occasions: No more than seven bingo occasions may be conducted by your organization per week. Day Beginning/Ending Hours Day Beginning/Ending Hours Day Beginning/Ending Hours to to to to to to to If bingo will not be conducted,check here Gambli Premises Information Name of establishment where gambling will be conducted Street Address(do not use a post office box number) 14i>l?,QO.r foe," / oLlz y/1f' )o. .1;7.4 3 Is the premises located within city limits? Yes 0 No If no,is township c=3 organized unorganized CD unincorporated City and County where gambling premises is located OR Township and County where gambling premises is located if outside of city limits Name and address of legal owner of premises City State Zip Code L i-ir :i6i156y At,c,3-,5 Yre.s 7"ovU= s"-'7rr�,ey, 1' ��i;z. /TSYsv B ,T/.7,4c %c, ' /�-i- j �4/ ,5":17*Y5' Does your organization own the building where the gambling will be conductfhd? p YES NO If no,attach the following: • a copy of the lease(form LG202)with terms for at least one year. • a copy of a sketch of the floor plan with dimensions,showing what portion is being leased. A lease and sketch are not required for Class D applications. Address of Storage. of gambling equipment `Do riot use a Po box number Address City State Zip code 7f/ I/A./Mc,Z l' '�o'.� elf ILj�r/ v�.c2.2_7 Minnesota Lawful Gambling Premise Permit Application - Part 2 of 2 Gambling Bank Account T Bank Name ': `:` Bank Account Number /'fr Al,* 4r 6-ice // 9/9' f,2 Bank Address City State Zip Code 36,1 f /t 2ii -ie,vo 14.i l/'ax/ A'.r/ 57.5/2 3 Name,address,ano' of Pe so,s autt►ar 0V::a 4 rtrecks and rrtakg' �... deposrts'and wtffidrstt�ua{s. : :t7rganizaeaiis'tireastaer ii*i7 Of handle gambrvrq funds Name Address _ Tide Li1/?1() let ..,J y1-�y Pe4,/-.1 .. Alt- c/?Eii1N r..'/r% 6/,fir��/,v6 �o`r.¢-Aa4rae % (• /ear 71? %1�G--1/A i D/2 G9/i C/i "ix) �Ji. /h�lic�d /���f Aowled eat :: ::;.;:::.::<::, Gambling Site Authorization _ ... I hereby consent that local law enforcement officers,the .1 am the chief executive officer of the organization; .1 assume full responsibility for the fair and lawful opera- board or agents of the board,or the commissioner of revenue or public safety,or agents of the commissioners, lion of all activities to be conducted; may enter the premises to enforce the law. •I will familiarize myself with the laws of Minnesota Bank Records Information governing lawful gambling and rules of the board and The board is authorized to inspect the bank records of the agree, if licensed,to abide by those laws and rules, including amendments to them; gambling account whenever necessary to fulfill requirements of current gambling rules and law. •any changes in application information will be submitted Oath to the board and local unit of government within 10 days I declare that: of the change;and -I have read this application and all information submitted •I understand that failure to provide required information to the board is true, accurate and complete; or providing false or misleading information may result in -all other required information has been fully disclosed; the denial or revocation of the license. Signs echief xecutive officer Date A �.di �I ' 7�r /7,,t4-1, L Local Gone mm brit A notWedgeinen 1. The city'must sign this application if the gambling preen- 4 A coon of the local unit of government's resolution an- ises is located within city limits. proving this aoplication must be attached to this aoolication• township" sign this application if $ if this application is denied by the local unit of government, 2. The county AND township it should not be submitted to the Gambling Control Board. the gambling premises is located within a township. 3. The local unit government(city or county)must pass a resolution specifically approving or denying this application. Township: By signature below,the township acknowledges that the organization is applying for a premises permit within township limits. City' or County" Township** City or County Name Township Name c2, 7- -' 01 /-1-::-/t6-4-41 Sign of erson receivin application Signature of person receiving����� ����� 9 aPPlication Tide 0 I Date Received Tide I Date Received /4(4/97/;). 415 S7- 3-.)7-92 Refer to the instructions for required attachments. - Mail to: Gambling Control Board Rosewood Plaza South,3rd Floor 1711 W.County Road B Roseville,MN 55113 LG214(Part 2) (Rev7,29'91) MINUTES OW:*SPECIAL MEETING OF THE ' EA0.4t4 CITY COUi i ::. A special meeting of the Eagan City Council was held on Tuesday,March 31,1992 in the lunchroom chroom of the Eagan Municipal Center building,berg at 5.•00 p.m. Those present were Mayor Egan and Cky Councilmembers McCrea, Pawienty and rs::..Cty.^ nber Awada was hospitalized for an emergency surgery and was unable to be.pt W.A000eilitt.iig. Also WI attendance were Director of Community Development Runkle, Director of Parks Ipi Vraa, Director of Finance VanOverbeke, • Director of Public Works Colbert,Water Resources ordinatort sch,Assistant to the City Administrator Hohenstein and City Administrator Hedges. cOINCILisfigOakethiAT City Administrator Hedges summarized the 105 page copy of the computer generated results of the Council/Staff Retreat that was held on February 21 and 22, 1992. He stated that the information reviews the three main sections: 1) overview'and discussion of trends affecting the City; 2) discussion and preliminary scale vote of general fund service units and 3)a paired comparison exercise covering all twenty- one service units. Mayor Egan asked whl Tesuits are more relevant,those received in the first vote or the second vote when the Council and staff prr gad:;.twenty-one (21) service units. Assistant to the City Administrator Hohenstein stated that the riiiiiii:itikgikAtscPnd vote are more meaningful given the experience of a first vote,benefit of discussing those results end additional information and discussion about each service unit preceded the second vote. cky Counall:*tahbsrs expressed the value they received in the resource allocation management plan a e;:th$jtoriipieted at the retreat with City staff. City Council member Pawlenty stated that the react p ior#lzatkm of service units be further considered when the annual operating budget is considered'for ratification.. City.Administrator Hedges stated that the information shared and compiled at the retreat provides a strong foundation for future decision-making by both the staff and City Council and will be considered and used for future organizational and budget decisions. Mayor Egan again acknowledged the success of the retreat and stated that no formal action is required on this item, but encouraged the City Administrator and staff to share the results during the preparation of the 1993 budget. DOUBLETREE HOTEL/ ;a3ROUP FINANCING REQUEST • City Administrator Hedges stated that a group of invest*approached the City staff indicating their desire to execute a purchase agreement and acquirithe DoublStree Hotel,formerly the Compri. He further stated that this group of investors are seeking any economic assistance the City or State can provide as a means to collateralize or secure their moment, He further stated that staff has researched various alternatives that were suggested by the investors and it appears that the only funding mechanism available is the Omni 504 Program administered by the Department of Trade & Economic Development. City Councilmembers reeponded by stating their opposition to .use of any City funding, but expressed a willingness to support a letter to DTED requesting their motion to provide a low interest loan to the group of investors for the acquisition of the Doubletree Hotel City Administrator Hedges stated that in a telephone conversation with City ' A+ a; s expressed her reluctance and opposition to any City financing toward the Doubietree:i t s i it as:iequested by this group of investors. Mayor Egan suggested that a letter be drafted by the City to the Statc.of Minnesota encouraging their review and consideration for the Omni 504 Program,which can provide'arloan up to 5750,000 less'fees it the project is considered eligible by their standards and regulation& Militant to the City Administrator Hein provided additional comment regarding the program. There was no official action required on this item. • • • • Page 2/EAGAN SPECIAL CITY COUNCIL MEETING NI(NUTES March 31, 1992 WATER GUAm.MANAGEM UPDATE • Mayor Egan welcomed members of tfie eidl! ty'flaming Commission and Advisory Parks, Recreation&Natural Resources Commission to the meeting for the purpose of hearing an update by Rich Brasch,Water Resources Coordinator,on various aspects of the water quality management program. Water Resources Coordinator Brasch presented the work plan elements of the 1992 water quality management program stating that completion of the Schwan;take Clean Water Partnership,implementation of the Clean Water Partnership Project for Fish and Blackhawk i.* ; tMu public education and information efforts, Improvement of the reliability and accuracy ifthe'Cily ter'quali model in Fish Lake and Blackhawk Lake drainages, providing assistance to residents with iffier qual ::related problems, expanding the Fish Management Program, continuing in-lake and lOiat,ing rum.:off sampling programs and overseeing administration of the Wetlands Conservation Ac.. `.':t'he City: a among many of the major work plan elements planned for the water quality ma%1 galena t:ptpgraRi;.:::He further stated that reducing impacts in new developments regarding lake water qualityfri'a costeffiO4 manner and developing and implementing a capital improvement program for certain ponds are also important priorities. City Councilmember Wachter emphasized the importance of public education and awareness in the area of restricting phosphorous as a fertilizer ingredient within the City. He further indicated that an ordinance restricting the use of phosphorous should be reviewed and given consideration by the Council as a pro-active measure to protect the integrity of water quality in ponds within.the community. Water Resources Coordinator Branch stated that the only City he is aware of that has a iitOki:arestriction on the application of phosphorous as a fertilizer ingredient is Shoreview, who restricts the content::af phosphorous in any fertilizer to 3 percent Water Resources Coordinator Branch further reviewe¢::major accomplishments for 1991 which included: 1) review and recommendations forirotoirater•quality mitigation measures for over 28 development proposals,2)education which•inci i;a resident water quality survey,newsletter articles and many presentations to residents,school an0,iiifiiiiikimmunity groups,3)the construction of a nutrient base in JP 67, implementation of the Schwenk Lake Clean Partnership Program Grant Project and a grant application for Fish Lake and Blackhawk Lake restoration, 4) more intensified City operations, including street sweeping and district drainages of high priority lakes, weed and algae harvesting and mowing . programs that mitigate any phosphorous; or grass clippings in a public water body and 5) the sampling/monitoring of thirteen City lakesr_.•After..gLlione.and,comments by members of both Advisory Commissions and discussion by the City.:Cko r ,May r'Egan opmmended Mr. Branch for his excellence in implementing the water management program:`Mayor Egah further stated that Eagan has gained a very positive reputation throughout the seven county metropolitan ar for Its leadership and implementation of the water quality management program and also ai3::a first itt::the implementation of the water quality management plan adhering to an environmental mute by tO*;State of Minnesota. Mayor Egan thanked members of the Advisory Planning Commission for their attendance and participation in the water quality management update and on behalf of the City Council, stated that he was looking forward to a joint meeting with the Advisory Planning Commission during the month of April. JOINT ADVISORY PARKS,RECREATION &NATURAL:RESOURCES COMMISSION/ CITY COUNCIL DISCUSSION Mayor Egan again welcomed and M*dQOi #6 :Members of the Advisory Parks,Recreation &Natural Resources Commission and encauaged a discussion on any topics members of the Commission or City Council felt were appropriate relative to parks, recrea&ir and natural resources.•Director of Parks &Recreation Vraa covered three (3)topics, including: 1) corielction of Diffley Road and use of granular material from the Lexington/Diffley athletic field site,2)update on the status of the Caponi Art Park and 3) the status of Blackhawk Park. • 7r177.7ri, • Page 3/EAGAN SPECIAL CITY COUNCIL MEEVING MINUTES March 31, 1992 Director of Parks&Recreation Vraa itatiOlhat tlt)e:Wity is in need of approximately 96,000 ctgic yards of granular material for a sub-road bassitiiii*P00:Road improvements. He stated that the City could allow the successful bidder for the Diffley Rä1 improvements to buy sand and gravel from the Lexington/Diffley site and in exchange, require the successful contractor to grade the site, or at least a portion of the site to athletic field standards and then reseed the site to start the process of park development. Members of the Advisory Commission and City Counci expressed support for the use of granular material and the first phase deveigpipOydAptAthk#5:8eld as outlined by the Director of Parks . & Recreation. Director of Parks & Recreation Vraa also reported on veriOXIS issues, mainly the wall and underground tunnel that are being proposed as altrid*tes for th0::*Offiley Road protect to serve the Caponi Art Park. City Coundilmernbera and membef *Ad*Rry:Piiiiinission discussed the importance of the Art Park Foundation,concerns over the fund1ies fOtibtatiiiiie retaking wall and pedestrian tunnel and also an agreement the City Attorney's office is coordinating In response to the proposed costs associated with Diffley Road improvements. City Councimembers expressed a concern that the City does not have . dollars committed or available to participate in the cost of the wall, further commenting that if a wall is constructed, either Mr. Caponi or proceeds from a future foundation would be obligated to that cost. Following a staff presentation concerning the proposed tunnel, City Coundmembers again expressed a concern about the financing and further that:ff*repe assurance that the tunnel is a connecting public right- of-way or a pedestrian crossing. • • Director of Parks & Recreation Vraa also provid0en.mpdate on the status of Blackhawk Park Improvements, stating that several other parlde0projegdkfiiiiii:Oelayed staff time for preparation of the Blackhawk construction documents Howorei;:*:.kethii%kriention of the City to present construction documents on that park project during thriiiiiiiithid May He further stated that the City still has a contract from the State of Minnesota to provide parkfUnding in the amount of$140,000 to be matched by the City's parksite fund for the improvement of Blackhawk Park This contract expires at the end of 1992 unless the first phase of construction is under way. Mayor Egan asked for input on the swimming pool/indoor arena project as a discussion item. Commission members stated that informs*is 4 father Commenting that many persons they have contacted were unfamiliar with the detaki.6i:66it'brifii:fritifilide There was also discussion regarding a philosophy toward more user fees,a request by the CZhairpersonli the Advisory Parks,Recreation&Natural. • Resources Commission, Jack Johnson,to consider..i0dating Park Master Plan in the near future and further discussion regarding reduction of fees for de*opers. • OTHER BUSINESS There being no further business, the meeting was adjourned at 8:15 p.m. to attend the Schwanz Lake informational meeting In the Council Chambers. • • TLH • Date City Clerk • • • 1 MINUTES OF A REGU ETO G OF THE ' Ea Ait1 ie>t COUNcip• :: agan, Minnesota March 17,1992 A regular meeting of the Eagan City:CO it::ova$:i1.41::on Tuesday, March 17, 1992, at the Eagan Municipal Center. Present were Ma y or Egan and'�Co �rti i.iiiliers Wachter,Awada, McCrea,and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. City Administrator Hedges said that•`Conseiit 1teiii:. Agp intments for the Solid Waste Abatement Commission Vacancies,would be pulled from the Consetit ►genda action and when addressed,New Business Item E, Preliminary Plat for Midwest Restaurant Associates/Tpwn Centre 70 - 12th Addition, would be recommended for indefinite continuance. McCrea moved,Wachter seconded,a icscion to apps iiso :the agenda for the March 17,1992,regular City Council meeting as amended. Aye: 5 Nay: 0 Mayor Egan noted that the motion to;.approve the Consent Agenda was not included in the minutes for the March 2, 1992, regular City Council meetmg:.:.:Tierefore, after the last item of the Consent Agenda in the minutes of the March 2, 1992, meeting, add the'fo .• : g::motion: Pawlenty moved Egan seconded a motion*approve.the:Connsent Agenda for the March 2 1992, regular City Council meeting as presented Aye: 5 Nay: .:.:::::::.:.:.::.;.:.:.::::: • Pawlenty moved,Awada seconded,a ititition"to approve the minutes of the March 2, 1992,regular City Council meeting as amended. Aye: 5 Nay 0 DAVID HETLAND/CONGRESSMAN RAMSTAD'S OFFICE David Hetland from Congressman,:Jim.•Ramstad'.s.Bloomington office was present to answer any questions and offer the assistance of the Co esgmait's::p et::•.•._, acknowledged help �tr:�ouncil acknowl ed Mr.Ramstad's hel in working on the Post Office issue and said•they appreciated'thie••Congressman's accessibility. A. Personnel Items Item 1. Seasonal Ballfield Attendants--It was recommended that the hiring of Melinda Kaltenhauser, Rob Merrill and Rob Parrott as seasonal ballfield attendants be approved. Item 2. Part-time Clerical Tech III/Central Services Maintenance--It was recommended that the hiring of Sheri Bergeland as a part-time Clerical::1 cb ician::14..(.Job.Share) for Central Services Maintenance be approved subject to successful completion iit:40.0*A*44#inination requirement. Item 3. Assistant Finance Director--It was recommenkd;:that the hiring of Thomas Pepper, as the Assistant Finance Director, be approved subject to successful Oiaipletion of the City's physical examination requirement. Page 2/EAGAN CITY COUNCIL MINUTES March 17, 1992 Item 4. Part-Time Receptionist/Cler*Tec.h II—It was r.1:04imended that the hiring of Julie Kaufman- Boom as a Receptionist/Clerical Tech II be iiippOyedsubjecit.::**ticcessful completion of the City's physical examination requirement. . B. Plumbers' Licenses It was recommended that the plumbers licenses be approved as presented in Exhibit A. C Compost Site Lease Termination •....••• :::•:•::: •:•:::::: . It was recommended that a notice of termmation'tor the Daiôa County Compost Site lease be approved so that County compost operations vacate the site no 4*than J# :30, 1992. D. Proclamation. Health Fair 11 Dii.:::A4141:8. It was recommended that a proclamation designating March 28, 1992,to be Health Fair 11 Day in the City of Eagan be approved. E. Consideration. Purchase Utility Vehicles. Fire Department •:•:•:-:.:.:•:•.-. It was recommended that two Fire Department utility vehicles be approved for purchase. • • F. Appointments Solid Waste Abatement Commission It was recommended that the appointmer4:4::4:4:**44-eiiiiiiident or business representative,and a one- year alternate representative to the Eagan Setlief:**ti:litatement Commission be removed from the Consent Agenda for balloting. ••••••• G. Project 631. Authorize Feasibility Report. Lone Oak Road/Eagandale Boulevard (Intersection Improvem ents/Signalization) It was recommended that the pteWatOn;:;0::: kasi.§iiity report for Project 631 (Lone Oak Road/Eagandale Boulevard - Intersection Initiftkreitiiiiii:Ai6iiWkiOn) be approved. ..•...• .•.•...• H. Contract 92-03. Receive Bids/Award Contract (Soutii8liell Field Conversion) •.•:::•: .:•:•:.: It was recommended that the bids for Contraii.92-03 (S*i Well Field Conversion) be received and • that the contract be awarded to the lowest responsible bidder and the Mayor and City Clerk authorized to execute all related documents. I. Final Plat. Hadler Park :•:.:•:: It was recommended that the final plat for Hadler Park 1i0pproved. Pawlenty moved, Wachter seconde** i.i*; :.:*****i$::ple Consent Agenda with the exception of Item F,Appointments, Solid Waste Aye: 5 Nay: 0 :•:•:•:•:. After balloting for the Solid Waste Abatement Commissi* heryl Dusek was selected as the three-year resident representative. A second ballot selected Dan Breva as:die:one-year alternate representative for that Commission. • Page 3/EAGAN CITY COUNCIL hIINiJTF: ::•': ::::: March 17, 1992 tigt/AFOSIRATASA.•'. RAHN ROAD APP. !::W.MOI FOR COSTS Mayor Egan introduced this item as the Rahn Road Appellants'motion for costs. Egan moved,Wachter seconded, a motion to approve the issuance of a check to the appellants in the sum of$5,593 as ordered by Judge Mansur. Aye: 5 Nay: 0 HELdit•VS'CIfi OF' * Mayor Egan introduced this item as the Hellet::vs the City.of Eagan assessment appeal. Wachter moved,Awada seconded,a n FOR 6i:ap it ve a 8zilution that the Heller parcel be reassessed from its levied assessment of $49,277.80 to::S4);000 whicl4li :tasence approves a Stipulation for Settlement resolving the Heller assessment appeal. Aye: 5 Nay: 0 MISCELLANEOUS ITEM EAGAN:.HIGH SCHOOL PARKING • City Administrator Hedges asked for d'iroctiit fm;.the City Council regarding the parking problems adjacent to Eagan High School. It appears that.par'king*i c rns are lessening with students using more consideration for the neighborhood in avoiding driveways and mailbox areas. However, Mr. Hedges will ask Independent School District #196 to consider a cope-day.:044iig>peimit process that is less cumbersome and would act to encourage students to park in the_schi44}lot ::After further discussion,the Council agreed that no restricted parking signs would be posted on the residential streets but any violation which on-street parking may cause residents in receiving mail or full use of their driveways would be enforced. The Council expressed their appreciation to Eagan High School Principal Tom Wilson and the Student Council for their efforts to resolve the issue. FINAL ASSESSMENT HeAitigGiWooDLANDS NORTH ADDITION Mayor Egan introduced this item as Project::: R, fina#::aassessment hearing for Woodlands North Addition. The City Administrator and Director of Pi is Works:i ovided brief comments. Trygve Hoveland (10-83700-011-02) asked if his property was to be assessed and D3sector of Public Works Colbert advised him that Project 596R had been scaled back and his property would-not be assessed with this project. Wachter moved,Pawlenty seconded,a motion to close the public hearing,approve the final assessment roll for Project 596R (Woodlands North Addition-streets& utilities) and authorize its certification to Dakota County. Aye: 5 Nay: 0 VACATION/LOT b BIA•.gI .1;.DAI OTA;COUNTY PLAT I Mayor Egan introduced this item as vacation of drainage,utility and ponding easements for Lot 1,Block 1,Dakota County Plat I. Director of Public Works Colbert said:;stiff had no objections or concerns subject to replacement easements being dedicated with the recording of the:: Tedler Addition final plat. There was no one in the audience who wished to address this vacation. Page 4/EAGAN CITY COUNCIL r'IINU'I' $:::;:•`•;: :::::::::::'::::: :: . March 17, 1992 McCrea moved, Awada seconded, a:motion to close the•.puNic hearing and approve the vacation of drainage, utility and ponding easements over'j:;at 4,Block 1,D* ta'County Plat I, and conditioned upon the recording of the Hadler Park Addition final plat:: i Dalcota:C ii : Aye: 5 Nay: 0 DIFFLEY ROAD RECONSTRUCTION Mayor Egan introduced this item as Project 607, Diffley Road reconstruction. City Administrator Hedges made brief introductory remarks and noted that letters had been received on March 17 from Ruth Crow and Mr. and Mrs.Robert Ryder, all of 530131#leyR d;::an.ft :Anthony Caponi of 1215 County Road 30. • Director of Public Works Colbert introduced DrivtlEverds,Director of the County Highway Department; Dave Zech,the Dakota County design engineer for the project;and Jim Johnson,the OSM engineer representing the City for utilities. Mr.Colbert said the project is ir}.:00pliance;w4h the County's five-year CIP and had been accelerated because of the sharp increase in:tsaffie:Oii::this::paC:t iila?segment of Diffley Road. Dave Zech then explained the design and generally described the project. Jim Johnson provided an overview of the utilities to be installed in the project area. In answer to a question about whether power lines would be buried along Diffley Road,Mr.Colbert said it was not anticipated because of the high cost of burying high-voltage transmission lines. Discussion then turned to several de sit ns.which would have to be made involving alternatives. Two of those discussed were a pedestrian underpass and et';pin.wall near the Caponi property. Mr.Everds listed the costs for containing the slope across from the Capoiii's aS,$411,:000 for a 2:1 slope,$65,000 for a retaining wall at the top of the hill,and $237,000 for a three-tierg retaining wall::.:He said regardless of the option chosen by the City, the County would only be responsible for an,.amount:; gtiivalent to 55% of the $40,000 alternate or approximately $22,000. Mayor Egan said such::cis*:were i ell beyond the City's ability to show benefit and thereby assess. It was also noted that decisicsOegarding these alternatives will have to be made rather quickly as both should be decided before the project goes forward. Bob Gerrits, 1025 Diffley Road,suggested that because very few people live on the southside of Diffley Road,the City could minimize the number of people impacted by moving the entire reconstruction to the south with any additional right-of-way coming from.the.sputhside landowners. Mr.Zech said the main reason that was not done was because the landowners to the:soft :hail aIrady::4e:.diated substantial right-of-way. Additionally, in attempting to treat the homeowners equi'tabIy,.tlie centeiliiie'of'tfie existing road is the centerline of the new roadway. Director of Public Works Colbert indicated that:the impart:to Mr.Gerrits'property was not extensive enough to warrant the additional costs of purchasing riggOf way tt:tbe south when some of that property would be at the higher commercial rate. • Bob Fawcett, 785 Diffley Road, said he had already paid for water utilities and asked about resizing water lines in his neighborhood. Mr.Colbert said that water lines in that area were being reconstructed but Mr. Fawcett would not be assessed for watermain. Mr. Fawcett then asked about a number of mature pine trees in his front yard and whether they would be cut down. Mr.Colbert said that if the trees are in the construction zone they will be removed;however,the County will hire an apps ,and the homeowner will be compensated. Mr. Everds said the County would prefer to save the trees aric"I::bave tried to avoid areas of mature trees whenever they can but because of other proklemst:s1 sts.fi11,:.et ,..it was not always possible. Rob Gangl,861 Diffley.Road, discussed Phis'particiiti situation with Mr.Everds. Mr.Everds said that the County's appraiser would look at each situation individually::::::::: • Anthony Caponi said that the mechanics of the project would have to be decided first and what would be desirable for the art park and for the road. Discussion then returned to the retaining walls and underground Page 5/EAGAN CITY COUNCIL • March 17, 1992 —tunnel as well as the timing of any agreement.with Mr.Caponi regarding funding of such improvements. City Attorney Sheldon said the City could enter intq Lontractual agr ent with Mr.Capon regarding payment of the costs in excess of what is necessary to build'the;road;::In l( iiin,Alternate 2 for a trailway will be worked out with Mr. Caponi and Thomas Rooney as bot1:440.0441li.be affected by its alignment. Gary Ash,755 Diffley Road,asked a number of questions about funding for the project and why others in the community were not assessed for what should be considered a community road. Director of Public Works Colbert explained City policy and what funds will be used to pay for these improvements. Mr.Ash said he was concerned there may be siltation problems with t'a pq :.: :bid::property. Mr.Colbert said every effort would be made to rninimin such problems and if not avoide ;:t1 iey.would:be cleaned up. Ann Tubbs,608 Diffley Road,questioned the cost of sanitary sewer service to her property. Director of Public Works Colbert said that property owners pale b the front:10ot whether or not pipes actually cross the entire frontage of their property. Ms.Tubbs wa .Iso.tojd: t:sannitary sewer service could not be obtained from Dodd Road. Chris Leech, 790 Diffley Road, asked about an overpass by Braddock Trail. Mr. Colbert said an overpass is no longer being considered for the Diffley Road/Braddock Trail intersection because experience has shown that pedestrians will not climb up and down overpass stairs to cross a street unless there are other barriers to crossing such as a fence. • Phyllis Deer, of 941 Diffley Road, asked::atiout:.utilities to her property. Director of Public Works Colbert said her property could be included with utility'impiovements if they wished to request it. Discussion then returned to Mr. Gerrits request to move the:xoad further sptttll,to lessen the impact on property owners on the north side of Diffley. The reasoning behind,the:04.iilacement was addressed again especially as it relates to the additional cost of purchasing right o way at:the'commercially zoned rate. After additional discussion,McCrea:moved,Wachter seconded,a motion to dose the public hearing and approve Project 607 with Alternate 2 for the trailway and with the proviso that City staff and the City Attorney work out an agreement with Anthony Caponi for a retaining wall and tunnel on the Caponi property. Aye: 5 Nay: 0 •:•40.410MM. CONDITIONAL US •PERMIt/ FF I DISPOSAL Mayor Egan introduced this item as a conditional use petit for Nitti Disposal, Inc.,to allow outdoor storage in an LI (Light Industrial) district, Lot 8, B144:1, Sibley Terminal Industrial Park located west of Highway 13, north of Yankee Doodle Road in the SE 1/4 of Secii a 8. Brief introductory remarks were also presented by City Administrator Hedges and Community Development Director Runkle. The applicant was represented by Russell Schweihs who addressed the City Council regarding several conditions that were recommended by the Advisory Planning Commission. He expressed his objections due to the cost of construction, including the parking lot improvementsiGouncilmember Awada asked whether the property is owned or leased. Mr.Schweihs stated he leases the property from the owner of Nitti Disposal. The Councilmember further asked questions reg�. ng:p9iliclt fcr bla tap and curb and gutter. Director of Public Works Colbert responded that the current;i3ot nc*:g tit:fo ce the improvement under a redevelopment. Councilmember Pawlenty asked whether other simila iadiisfiial users have been required to upgrade. Questions were also asked about run-off and air emissions. Councilmembep::McCrea stated that she could only support the project if the Planning Commission conditions as stated wei :included in the motion. Councilmember • Wachter agreed that more time would be needed to explore alternatives but he also agreed with the conditions received from the APC. • Page 6/EAGAN CITY COUNCIL March 17, 1992 McCrea moved,Awada seconded, a motion to continue consideration of a conditional use permit for Nitti Disposal,Inc.,to allow outdoor storage in:an LI(Light Indus 0!)District,Lot 8,Block 1,Sibley Terminal n specific concerns about bituminous Industrial Park to the April 9, 1992, regular Cttji: cil. tu�:' oting pecifi surfacing and enclosures on the property. Aye: MAMMA ESTABLISH PRECINCT BOUNDARIES/LEGISLATIVE REDISTRICTING Mayor Egan introduced this item as estaislW p'nt oPgiY aact boundaries for legislative redistricting. It was noted that the State redistricting plan is not cons tent witli:; Federal plan; however, the City has no alternative but to implement it as ordered by the State.Court. Pawlenty moved,Wachter seconded,;*.m*.i.t to p;oxe:.0 precinct boundaries and polling places as presented. Aye: 5 Nay: 0 DUPLEX LOT SPLIT/EAST BALSAM STREET Mayor Egan introduced this item as a waiver of plat for Ronald E.Schwartz,a duplex lot split to allow individual ownership of Lot 6, Block 1,Wilderness Run 5th, NW 1/4 of Section 27. McCrea moved, Pawlenty seconded, a'mi os;tiD::approve a waiver of plat for Ronald E. Schwartz to permit a duplex lot split to allow individual ownership'af: t:.,;:Block 1, Wilderness Run 5th Addition and subject to the following conditions: • 1. Separate utilities shall be provided.W each unit • 2. Utility work shall be completed prior to recording at Dakota County. 3. An easement from Parcel A to Parcel B is required for the water service to Parcel B. 4. The existing water service shall be turned 9ff at the existing water main. 5. All applicable Code requirements.'•••' ••••••••••••":*:*:''''''''..:*: Aye: 5 Nay 0 VARIANCE/R :gyT HOMES Mayor Egan introduced this item as a variance for R.A. Kot Homes, Inc., of 10 Feet to the required 30 Foot front yard setback located at Lot 12,Block 4,the Woodlands in the SE 1/4 of Section 14. Director of Community Development Runkle said the applicant was requesting the variance because of the difference in grade from the front to the back of the lot as well as two mature oaks trees which would be affected if the house were moved back. He said if the house were built at the requires:setbacks, there would be a 9' difference in elevation from the front of the house to the back requiring the retaining walls. Richard Kot,the builder,said that siic'mtu 5: d bees s D*designing the 3,200 s.f.house planned for this lot. He also noted that only a corner of the House wouldno�'meet setbacks. At this point, Councilmember Pawlenty made a motioi ::1 approve the variance, with a second by Councilmember Wachter. However,because several members of the audience wished to address the variance, the motion was withdrawn. • Page 7/EAGAN CITY COUNCIL March 17, 1992 Jim Williams, President of the Woodlands Homeowners Association, presented his 100+ member• organization's opposition to the variance. He 4.01,5 d 15 lots were lit: i the development and all were difficult to build on; however, it was their position that the:Gaza wa Ia:b left as natural as possible with houses built to fit the lots. Mr:Williams also expressed a concern fort .?t ci Ient that would be set and that the development would end up with homes on the last lots detracting from the original purpose. Councilmember McCrea said a precedent would not be set as variances are granted on the basis of hardship which in this case involved the topography and preservation of trees. Mayor Egan asked if the homeowne b id�i n d r's e ed that:t:smaller home could be built or that trees would be cut down in order to fit the house 'on$tie'tt :::' +fr Wjl ms said he did not believe it to be an "either/or" option and that the builder should work v t'6fn the iiiiiifines of the Association's covenants and restrictions. Councilmember Pawlenty asked whether.[he Association could deny the builder if the Council approved the variance. Mr.Williams said he would pX:eler :it not ppppe to that and would prefer to see the City follow its own guidelines and not grant exceptIOS 'he:Cotpx Um niber said that each variance is judged on its own merits,however,the power to grant a variance within the fioiincil's discretion. Mayor Egan also told Mr. Williams that a variance is granted by the Council only when it improves rather than detracts from property values. Mitch Berger, 823 Promontory Place, said the Council was being misled that a variance was the only solution to the problem. He said the builder.:was trying to set the house on the lot rather than developing a house to fit the lot. • Mayor Egan suggested that a staff member.be sent:�c fib the property to determine whether a house of these dimensions could be built on this lot. Mr.:jot said he cou}d:fiuild this house and meet the setbacks but the basement would have 15' or 16' ceilin&s. Perry Linn, 815 Promontory Place,ee, eii$ed the lot and said it did have difficult topography. He said that when he built his house he found a lot and then fit the house to the lot. Mr.Kot's buyer said he was the second builder she had contacted and overall had spent a year and one- half fording the right house for this lot. She said they had done everything possible and had taken every precaution to protect the trees on the property.and.waut 4.to.leave the remaining trees just as they are. Councilmember McCrea asked, with the exception'to'the'setback, whether this house would look different than the others on the block. Director of Community Development Runkle said he had not viewed the lot; however, since the house is on a circle,no site lines;would be::i terrupted. Greg Langan,811 Promontory Place,said the house would interfere with the view from to house:I4;its east and should follow the curve of the street. Because of the number of objections to the variance,Wachter moved,Awada seconded, a motion to continue to the April 9, 1992, regular City Council meeting, a variance for R.A. Kot Homes of 10 feet to the required 30 foot front yard setback at Lot 12,Block 4,The Woodlands,with direction to staff to look at this lot in order to determine the extent of hardship concerning grade and;loss of trees. Aye: 5 Nay: 0 VAR4WPgi, :'RiiA N.: QMES Mayor Egan introduced this item as a variance for Stephan Homes, Inc.,of 16 feet to the required 50 foot setback along Johnny Cake Ridge Road at Lot 50,Block 2,4 Mallard Park Third Addition. Director of Community Development Runkle described the application. Steve? .ensmann of Steph-An Homes was present to answer any questions. Page 8/EAGAN CITY COUNCIL MINUTES •• • March 17, 1992 - •:•:::: After discussion McCrea moved,Aw;ikseconded,a MOOW13 approve a variance for Stephan Homes, Inc., of 16 feet to the required 50 foot setbacli:Oipg.,Tohnny co:k .:)kidge Road at Lot 50,Block 2, of Mallard Park Third Addition with the hardship being thi;:ii40:14401i:CIEs for the lot and subject to the following conditions: • • 1. No other variances shall be granted for this lot. 2. All applicable Code Aye: 5 Nay 0 :•:•:•::: •••••':': ::•:••.•:. PRELIMINARY PLAT/CONDMONAL U.SP:PERMITIAPPLEBEE'S RESTAURANT Mayor Egan introduced this item as ikeilbAviiidry$4t iji*Idwest Restaurant Associates/Town Centre 70-12th Addition,consisting of one lot and one outlot on apiSi&iiiiiately 3.5 CSC(Community Shopping Center) acres and a conditional use permit to allow on-sale liquor, 3.2 beer or wine, in a CSC district located west of Town Centre Drive in the NW 1/4 of Section 15. Pawlenty moved,Wachter seconded,a motion to continue indefinitely the preliminary plat for Midwest Restaurants Associates/Town Centre 70 - 12.f.b:Adclition. Aye: 5 Nay. 0 COMPREHENSIVE GUIDE PLAN AMBI■iii*N'T/AgZONING/PRELIMINARY FLAT ISD#196/ELENIBNTAI&SCHOQL#17 Mayor Egan introduced this item as a ehesve guide plan amendment, Independent School District 196/Elementary School #17, from::0;.1::i(Siiigid-Pamily) to PF (Public Facilities), a rezoning of approximately 15 acres from AG(Agricultural)ti.i.1"F(Public Facilities),and a preliminary plat consisting of one lot for an elementary school located along the south side of Wescott Road and east of Denmark Avenue in the NE 1/4 of Section 22. After brief remarks from City Administrator Hedges and Director of Community Development Runkle, Dr. R.J. Rehwaldt explained the site findintppms:g10:p.1410e4:the criteria for selection of a school site for the 17th elementary school. Dr.Rehwaldt thi fbof the Advisory Planning Commission's reasons for denial: -•-•• ::•:•:•: .•.•.•. :•:•:•:. 1. Concern for the safety of children walking tq.and froiii.:*chool through open areas. Dr.Rehwaldt said that right now the children to the east of the schoof*.ould beliliSsed as there isn't any way for them to get • to school on sidewalks that are open all year long. In the future, ihen the property develops to the south,the students would be able to walk from that direction. In addition,in response to the concerns about the ponding, the School District has a number of school sites with ponds which have never presented a problem and they are comfortable it is not a safety concern. 2. Concern about the loss of trees. Dr. Rehwaldt said:4*y would make every effort to preserve as many trees as possible. He added that they did not believe the faOf trees would be more significant than if homes were built on this site 3. Not Compatible to the physical characteristics of th.e.:tgea. Dr. Rehwaldt said they believed that it was compatible with the site as the school design being used igOts very well to a multi-level site. • • 4. Aesthetics. Dr.Rehwaldt said it is a beautiful site for a beautiful school. He said he did not believe the site was diminished more by a school than by 20 homes and the accompanying streets. a • Page 9/EAGAN CITY COUNCIL March 17, 1992 Dr.Rehwaldt went on to say that the 5401 district is on tight time line. In addition,if they have to move to a different site,they would have add3004 costs as*4*a delay in opening the school. For those reasons, he asked that the Council approve the There was no one in the audience who wished to address this issue. After asking questions about the service area and access points for the property to the south, the City Council agreed that while they normally pay 1drfexepce:to the recommendations of the Advisory Planning . Commission, they could find no support in tltsr. 'o ti t:j f0*:for denial of the plat. Wachter moved, McCrea seconded, a motion ttii'gpprove 'comprehensive guide plan amendment for Independent School District #196/elementary school#1�? from D4:(Single Family) to PF(Public Facilities). Aye: 5 Nay: 0 McCrea moved,Wachter seconded,a'aiotion to appYav ''$rezoning of approximately 15 acres from AG (Agricultural) to PF (Public Facilities). Aye: 5 Nay: 0 Awada moved,Pawlenty seconded,a motion to approve a preliminary plat consisting of one lot for an elementary school located along the south side of Wescott Road, east of Denmark Avenue in the northeast quarter of Section 22 and subject to the folloWix conditions: 1. These standard conditions of plat approval as:adapted by Council action on July 10, 1990, shall be complied with Al, B1, B2, B3, Cl, C2, C3, C4, C5, Dl • 2. The applicant shall submit a tree:prot'ection plan and tree specific preservation revisions to the City prior to final plat. 3. The storm sewer that will serve the site shall be extended to Pond JP-11 by this development. 4. A catch basin shall be added to :snuth;4.st::caxaez::of.the parking lot on the upstream side of the future driveway. 5. This development shall be responsible for:,providing cash dedication of$14,510 to meet water quality treatment needs. 6. The final utility plan shall include water services to tlispioperty to the east of the proposed street • to serve the future lots along the east side of the street. 7. The proposed street along the east property line of the site shall be a public street built to City standards. 8. Proposed McCarthy Drive is to be constructed to 36.foot wide, face of curb to face of curb. 9. Since the proposed 60 foot right isF ways SasiftpaitC:tt :accommodate the proposed sidewalk along McCarthy Drive, the development is required to construct the proposed sidewalk on•school property. Aye: 5 Nay: 0 Page 10/EAGAN CITY COUNCIL March 17, 1992 ;;;;.'.;:;:;:::' :::: ''r:':'':• • COMPREHENSIVE GtApE PLAN AMENPMENT/REZONING PRELIMINARY PLA*PEERWOOD:t.ONDS ADDITION Mayor Egan introduced this item as a 'CdaipY'elierisive Guide Plan Amendment for Deerwood Ponds/Clarence Kemp & Twin Cities Properties, from D-III (Mixed Residential) to D-1 (Single Family), a Rezoning of approximately 17 acres from R-3(Townhouse),within the Knob Hill Planned Development,to an R-1 (Single Family) district,and a Preliminary Plat consisting of 28 lots located along the north side of Diffley Road, west of Pilot Knob Road in the SE 1 .4.:af-•SecLi..21...:city.Administrator Hedges and Director of Community Development Runkle made brief:4i ct.6.:. .emarks::00 noted the addition of Condition 12 by the Advisory Planning Commission. Greg Frank, a consultant for the developer,:mod he would:be happy to answer any questions and introduced Clarence Kemp, who added a few..remarks:. 'here.;wa no one in the audience who wished to comment on this development. Pawlenty moved,Wachter seconded, a motion to approve a comprehensive guide plan amendment for Deerwood Ponds/Clarence Kemp&Twin Cities Property from D-III(Mixed Residential)to D-I(Single Family). Aye: 5 Nay: 0 Pawlenty moved,Awada seconded,a:motion to approve a rezoning of approximately 17 acres from R-3 (Townhouse) within the Knob Hill Planned=l?evolo}pment to an R-1 (Single Family) district. Aye: 5 Nay 0 • Pawlenty moved,Wachter seconded,a motion to appiove'a preliminary plat consisting of 28 lots located along the north side of Diffley Road and subject to:The follow co iditions: • 1. These standard conditions of plat appirova:as`adopted by Council action on July 10, 1990, shall be complied with: Al, B1, B2, B4, Cl, C2, C3, C5, El, Fl, G1,H1 2. A copy of the homeowners'association incorporation bylaws and covenants shall be submitted to the City Attorney prior to Final Plat application:a t :re....d : ::t#e:Rlat at Dakota County. 3. A variance from the concrete curb and gutter:.requirements for a private street shall be approved. 4. A variance to the widths of the stovepipe I t:`:access skill be approved. 5. Tree preservation should be achieved with a physical:barrier prior to any site grading. • 6. Boulevard trees shall be allowed 7'from the back of the curb. 7. The developer will be required to submit engineering.documentation for staff review and approval at the time of final platting for the proposed retaining walls. 8. An outlet shall be provided for iiici:.l ': 'f::t#a.i l lain. to the north to Pond BP-27.1 and the outlet shall contain a skimmer. 9. The storm water drainage from proposed Knob Laior::shall be conveyed to Pond BP-27.2 and an outlet for Pond BP-27.2 shall be constructed to drain the pond to•Pond BP-27.1. • . Page 11/EAGAN CITY COUNCIL March 17, 1992 —- 10.The final grading plan shall include:A development plan:that shows the building type and first floor elevation of the proposed house for each lot. 11.To meet the City's water quality treatincst: tre'ments, the NWL of Pond BP-27 shall be raised to elevation 886.75 and the south cell of Pond BP-27.1 shall be excavated to increase the wet storage volume by 0.75 acre feet. 12.The outlots shall be transferred to.the.humeowners' association before filing of the final plat. Aye: 5 Nay: 0 • COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING PRELIMINARY PLAT/..MEGHA1**DDII'ION Mayor Egan introduced this item as'a:'Comprehensive:Guide Plan Amendment for the Meghans Addition/Pulsar Inc., from NB (Neighborhood Business) to D-III (Mixed Residential), a Rezoning of approximately 11 acres from NB (Neighborhood Business) to R-4(Multiple) and a Preliminary Plat consisting of 13 lots and 104 units located along the south side of Diffley Road and the east side of Nicols Road in the NE 1/4 of Section 30. City Administrator Hedges said that a public hearing had been held before the Advisory Planning Commission and although a comprehensive guide plan amendment was approved on a 3-2 vote, the rezoning and preliminary plat were denied. • Before weighing the merits of the project,Mayor Bgai:asked David Sellergren,representing Pulsar,Inc., to provide Council with the reasoning behind then::lequest for•.a:lad use change. • Mr. Sellergren said this property meets:.:.qo f•the criteria for rezoning. In this case, the fact that the property has not developed over a long peri4iEitfinie toward the Neighborhood Business use,is some evidence of a mistake in the original zoning. In addition, there have been a significant number of changes in circumstances that would indicate the property should be reexamined. Cedar Avenue used to be a heavily traveled road and now with the change to Nicols Road and a City street,traffic has dropped. He said a number of commercial developments,neighborhood businesses,etc.,had occurred in the City and yet nothing had been done with this property. In 1980 a 70,000 54:.4bgpping:center.:wuit4 4,50 parking spaces was approved by the City Council. That development would have generated S,Q0O-6,f)OQ Traps:Per Day. Mr.Sellergren said the plan they were now putt before the Council was not the same plan reviewed by the APC. The new plan has two less buildings, reduced density+, additional open space and trees, and a change in access. He said the neighbors were very conned about:traffic congestion on Diffley Road. He said two things would affect that, the County plans to create a separate:left turn lane at the intersection of Diffley • and Nicols so that the congestion that occurs at that intersection will be mitigated and secondly, the developer has added a right-in/right-out access on to Diffley so that anyone that wants to go west or north will not use that access. Mayor Egan asked if the access had received approval from the County and Mr.Sellergren said it had not. He said it does not meet the County's intersection spacing guidelines and it remains to be worked out. At this point, Mayor Egan asked the City Council if tt ':members would not consider a rezoning. Councilmember McCrea said she would;:�7oe::.iQ:::het t.;: oth e:neighbors before making that decision. Councilmembers Awada and Pawlenty Indic ted t iiii*::: ed not to support the development.while Councilmember Wachter said he was inclined to support it. Mayor.Egan then remarked that he was not overly in favor of the development but believed it may be preferable te:a:commercial use. Councilmember McCrea suggested that Pulsar,Inc.,hold a neighborhood meeting and if the:neighbors could not be convinced to support the project, then perhaps they should withdraw their application. Mr.Sellergren said they would be willing to meet again with the neighbors but could not agree to withdraw. • • Page 12/EAGAN CITY COUNCIL March 17, 1992 • None of the residents came forward,lzi wever,they did spark:from the audience. One said she had a number of concerns even after the last neighbortid.meeting the density of the development. She said the majority of the neighbors were aware of the Wt 006ttboc4: ioisiness zoning and would prefer a development of that type. Another resident agreed there were alrt3y:tob'many strip malls in the City and suggested senior housing as a possible use of the property. The neighbors would also prefer that the neighborhood meeting be held at least one week in advance of the City Council meeting so they have an opportunity to review any new information. Wachter moved, McCrea seconded,.::it:::i'oo ion::: %atoi to April 9, 1992, consideration of a comprehensive guide plan amendment, rezoning and for the Meghans Addition/Pulsar, Inc. Aye: 5 Nay: 0 DEVELOPMENT DEPOSTT'AGREEMENT McCrea moved,Awada seconded,a motion to approve the development deposit agreement as presented. Aye: 5 Nay: 0 SIGN ORDINANCE AMENDMENT • • Mayor Egan introduced this item as a re iiiif for dir.c ion regarding a sign ordinance amendment. Councilmember McCrea said it was her uaiierstan.• ;thaC:any changes in the ordinance were put on hold until a joint session of the City Council and Adyo:y *ii»irig Commission could be held. Mayor Egan said he was willing to recommend that no applicatn(i s'coi ie forward from the APC until the issue is resolved. Director of Community Development Rune:'advised the Council of two sign applications that had been continued by the APC for 60 days but were soon to come to the Council for consideration. He asked whether the moratorium should be reinstated. Councilmember Pawlenty said he thought the issue had been decided when after several meetings the Council determined that an ordinance change was not needed and that billboards would be decided on a case by case basis. He added,however,that the Council could review the issue again but whatever the outcome, he would continue tt:tie ain:f tom:;...•. .._ :.oa:billboard applications. After further discussion, McCrea moved, Wachter seconded, a motion to place a moratorium on billboards in the City of Eagan until a joint,in-service traing sessiork can be held between the City Council and Advisory Planning Commission. Aye: 4 Nay: 0 Abstain: 1 (P&wienty) r>... NORTHVIEW BUILDING FIRE RESTORATION CONTRACT Egan moved,Awada seconded,a motion to continue to tbeApri19,1992,regular City Council meeting, consideration of the authorization of default by Beacon Builders;;;Inc., for the Northview Park building fire restoration contract. Aye: 5 Nay: 0 MISCELLANEOUS ITEMS A work session between the City.Council and the Advisory:Parks, Recreation and Natural Resources Commission will be held on March 31 at 5:00 p.m. A joint session with the Advisory Planning Commission will be scheduled for a later date. Recognition of the City's volunteers will be held on April 25 in conjunction with Page 13/EAGAN CITY COUNCIL MINUtBS March 17, 1992 ••••••••• Volunteer Recognition Week. It was determi .that assistance. A:t h e Miss Eagan Pageant would be more appropriately forthcoming from the City's ChiiigOggornipp.f.4.:::' CHI Wachter moved,Egan seconded,a motion to approve the checklist of February 29,1992,in the amount of$681,685.74 and the checklist of March 17, 1992, in the amount of$340,210.62. Aye: 5 Nay: 0 ••••• • The City Council adjourned the regular meeting at approiiiiiitely 1237 am. on March 18. KF ...•....... CITY OF EAGAN J. VanOverbeke ty Clerk • •• • •••• ......•. • EXHIBIT A PLUMBERS LICENSES MARCH 17, 1992 1 . AAA Abbott 2. B, J, & M Plbg & Htg Co. 3. Cokley Plumbing 4 . Genz-Ryan 5. H & H Plumbing 6. Tom Hessian Plumbing, Inc. 7 . Janecky Plumbing 8. Keller Plumbing & Heating, Inc. 9. PM Services • 10. Parsons Plbg & Htg 11. Plymouth Plumbing 12. Polar Plumbing 13. Scherer Plumbing 14 . Schulties Plumbing, Inc. 15. Thoen Plbg. 16. Valley Plumbing Company, Inc. 17. Voson Plumbing !!!Fr EXHIBIT B (1 of 2) CITY OF EAGAN POLLING PLACES FOR 1992 POPULATION • PRECINCT POLLING PLACE 90 CENSUS 18 1 Pilot Knob Elementary School ;990 11 Y 1411 1436 Lone Oak Road 2 Quarry Park Shelter - 1677 Coachman Road 3 Trinity Lone Oak Lutheran Church 1439 Highway 49 & 55 4 Cedar Elementary School 1536 2140 Diffley Road 5 Mt. Calvary Lutheran Church 2020 3930 Rahn Road 6 Cedar Grove Baptist Church 1857 1985 Diffley Road 7 Fire Administration Bldg. 1902 3795 Pilot Knob Road 8 Eagan Municipal Center 1763 3830 Pilot Knob Road 9 Woodland .School 2276 945 Wescott Road 10 St. John Nuemann Church 1440 4030 Pilot Knob Road 11 Northview Elementary School 1951 965 Diffley Road 12 Cedar Ridge Christian Church 1719 2024 Rahn Way 13 Rahn Elementary School 1299 4424 Sandstone Drive 14 Christ Lutheran Church 1948 1930 Diffley Road 15 Thomas Lake Elementary 1693 4350 Thomas Lake Road • 16 Easter Lutheran Church 1967 4200 Pilot Knob Road EXHIBIT B (2 of 2) 1 CITY OF EAGAN POLLING PLACES FOR 1992 17 Fire Station No. 4 1597 4200 Dodd Road 18 Fire Station No. 5 1177 4701 Galaxie Avenue 19 Chapel Hill Baptist Church 1396 4888 Pilot Knob Road 20 Pinewood Elementary School 1244 4300 Dodd Blvd