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11/05/1980 - City Council Regular AGENDA ~t EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL NOVEMBER 5, 1980 (Please note date change due to the National Election on 11-4-80) 6:30 P.M. 1. 6:30 - ROLL CALL AND PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA AND APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS P•` A. Fire Department C. Park Department f .k B. Police Department ~p9 D. Public Works Department IV. 6:55 - CONSENT ITEMS [One (1) Motion Approves All Items] 14 A. Temporary Beer & Bingo License - Knights of Columbus for 11-16-80 Ilk B. Temporary Beer - St. John Neumann Parish Dance 11-15-80 ?.k5 C. Plans and Specifications I-494/1-35E Interchange Excavation & Bridge Construction V. 7:00 - PUBLIC HEARINGS C.15~A. Imp. #264-B (Street Improvements in Twin View Manor) VI. OLD BUSINESS A. Erick Erickstrup - Assessment Committee Recommendation e•2~ B. Preliminary Plat Approval for "Farnum Place", previously called "Coachman Oaks 2nd Addition", located at Four Oaks Road and East of Coachman Road, Section 9 e-1 C• Preliminary Plat and Detailed Plan Approval for "Safari at Eagan" Community Shopping Center in the SEk of Section 28 (Located Northwest of the Cliff Road and Thomas Lake Road Intersection) ArI C. Paul Griebel for Wind Generator Permit, located at 1636 Walnut p Lane p,hr9 D. Final Plat Approval for Cedarview Addition Q y' E. Appointments to Sign Committee 51 F. Award Bids for Imp. 80-7 p SI G. Final Plat Approval for Ridgecliffe Fourth and Fifth Additions VII. NEW BUSINESS y4-A. U.S. Homes Corporation for Rezoning Ridgecliffe Fourth Addition Q from R-1 to R-2, located on Lots 1-12, Ridgecliffe Fourth Addition, Section 32 Y ~9 B. Alan E. Rodgers for a Variance to Exceed the Lot Coverage for the R-1 (Residential Single District), located at 2068 Opal Drive, Section 19 (k C. Harlan Skoglund for Variance for Setback and Lot Coverage, located on Lot 33, Block 6, Section 23 e '75 D. Final Resolution for Industrial Revenue Financing for Carson Pirie Scott & Company p ? q E. E.A.W. for Univac Expansion Eagan City Council Agenda November 5, 1980 Page Two VIII. ADDITIONAL ITEMS A. Petition for Storm Sewer Outlet for O'Leary Lake in the Duck- wood Estates Area P B. Design for Dakota County Central Library 95'C. Brittany 2nd and 3rd Additions - Extension Request of Assessment Period e.9 1D. Procedure for Regulating Agenda Items IX. VISITORS TO BE HEARD (For those persons not on the Agenda) X. ADJOURNMENT d MEMO TO HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 31, 198 SUBJECT: AGENDA INFORMATION After approval of the October 28, 1980 special City Council minutes,- the October 21 regular City Council minutes and the November 5, 1980 City Council agenda, the following items are in order for consideration. FIRE DEPARTMENT A. Fire Department There are no items to be considered 'for the Fire Department."-at this time POLICE DEPARTMENT B.. Police, Department There are no items to beconsidered at this time for the Police Department. PARK DEPARTMENT C. Park Depa'rtment` - Patrick Eagan Park/Caponi Fence =-"The City of.,.Eagan purchased approximately 10 acres off -Land from Mr. Anthony Caponi for the expansion of Patrick'Eagan Park in 1972. Asa part of the purchase agreement, the City agreed to errect..a fence between the park property and Mr. Caponi's property. The* fence was instal- led in 1979; however, it does not meet Mr. Caponi's standards. The Director of 'Parks and Recreation and the City Administrator have met with Mr. Caponi on his property and walked the entire fence line. Since the Maintenance Department has errected the fence, - andMr. Caponi is not in agreemein to have the fence main- ta►ined,,in an effort to bring it up to his standards, it is necessary that the City Council review the issue and decide whether the,City. should remove the fence and install a new fence, do nothing, install a fence for Mr. Caponi in connection with a fence for Mr. Rooney' or repair the fence to'meet Mr. Caponi's expectations. The Director, of Darks and Recreation has prepared a memorandum with, some attach- ments, which can be found on pages Z through ACTION TO BE CONSIDERED ON THIS MATTER: To provide direction to the City Administrator and Director of Parks, and. ',Recreation regarding the status of the fence separating Patrick Eagan Park and Mr. Anthony Caponi's property. *Ober 29, 1980 MEMO TO: CITY COUNCIL FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION REASON: PATRICK EAGAN PARK - CAPONI FENCE ISSUE: Mr. Anthony Caponi contends that the City of Eagan has not fully completed its obligation to erect a suitable fence between his property and the property that was purchased from him by the City for Patrick Eagan Park. A wire fabric fence, installed in 1979, does not meet Mr. Caponi's standards. BACKGROUND: In the spring of 1972 the City of Eagan purchased approximately 10 acres of land from Mr. Anthony Caponi for park purposes. This parcel of land is adjacent to Patrick Eagan Park in section 22 in the City of Eagan. Staff searched the files for the original purchase agreement to make a determination as to the City's agreement in this matter. However, a copy of the original purchase agree- ment pertaining to the purchase of the land is unavailable. The City attorney has been able to locate an unsigned, undated copy of the purchase agreement for land from Mr. Caponi. This document does not mention the City's responsibility for erecting and/or maintaining a fence. Minutes of the June 12, 1972 Board of Supervisors meeting does contain a resolution for a woven wire fence. A copy of the minutes of the June 12 meeting are attached. Also attached is a resolution, which was passed on July 18, 1972, whereby the City agreed to maintain a fence. There is no specific indication that can be found which indicates what type of fence was agreed to, only that a woven wire fence which the City would maintain. In an agreement dated 11-6-78 (copies attached) an agreement was reached by the City with Mr. Caponi which would allow the City to install a fence on property along the common line. It was also agreed at that time that after completion of the installation of the fence, the fence would become the property in terms of ownership, maintenance and future responsibilities and liabilities of that of Mr. Caponi. Another letter dated March 30, 1979 also concerns construction of a fence on the south line of Patrick Eagan Park and the north line of Mr. Caponi's property. The essence of this letter indicates that there is an understanding between he and the City that the exact boundary line of the properties may not be defined by the fence, because of irregularities in the terrain. During the summer/fall of 1979, City park maintenance crews began the construction of a wire fence S foot high. This fence material consisted of treated cedar poles and channel iron support posts, and an 18 gauge wire fabric. Apparently, during the construction phase Mr. Caponi, complained about the fence and deemed the fence as"unsatisfactory." City staff-met with Mr. Caponi in an effort to resolve the issue. Attached is a memo regarding a meeting held on November 1, 1979 in which Mr. Caponi, Mr. Lowery, Barb Schmidt, Jim McGuffee were in attendance. It's apparent from reviewing the memo the concerns regarding the fence. Also attached is a letter dated November 2, 1979 from Barb Schmidt to Mr. Caponi in regards to the resolution of the problem. Mr. Caponi contends that the fence erected by the City is unaccepatable to him and violates "verbal agreements" that he had made with the City in regards to an accept- able fence. Mr. Caponi has indicated that the fence was to have been suitable for containing cattle within his property area as well as being defined as one that which is not climable. He has also objected to the fence because he will have to I maintain the fence, and it is to be installed in a qualitative manner before he accepts the responsibility. City staff has tried to resolve the issue by looking at several alternatives. Several fence contractors have been contacted in regards to repair and/or replacement of the existing fence fabric. Those people which have been contacted have indicated that the fence fabric which was utilized is difficult to work with in that type of terrain to achieve satisfactory results. One individual has indicated that the fence,fabric itself, if tried to be tightened and straightened, would break while being stretched. Further, his recommendation is that the existing fence be removed and be replaced with a heavier chain link material. He indicated that he would no be willing to accept any type of repair or reconstruction job on existing fence fabric. Second alternative for the City is to do nothing. There appears to be no agree- ments allowing for Mr. Caponi to either accept or reject the fence; the only agreement is for a woven wire fence. Mr. Caponi has indicated that he would instigate legal action if such a decision were reached and that he had received verbal agreements that the fence would be of a quality and acceptance which would meet his needs and purposes of maintaing cattle, etc. Alternative three; Staff has reviewed the cost of installation of a chain link fabric fence to be done by a contractor. Price quotes have ranged from approxi- mately $3.75 to $4.25 per lineal foot. (The City has previously reached an agree- ment with Mr. Rooney for the purchase of additional park property. His purchase agreement states that the City will provide a fence within three years from date of purchase, similar to the quality and standards of that of Mr. Caponi's) Cost, therefore, of doing Mr. Caponi's and that of Mr. Rooney's would be approximately $7,000. The last alternative would be for City crews to go back and try to repair the fence to meet Mr. Caponi's expectations. This would require the replacement of posts and restretching the wire fabric. As before, the fabric is such that it cannot be stretched without breakage. Consequently it appears that this alternative is not feasible and Mr. Caponi would still, perhaps, refuse to accept this fence un- less an extensive repair were implemented. Because of the irregular terrain, lack of proper fencing equipment, type of special construction, it is doubtful that City forces will achieve the results desired. SUNVARY: It appears that the City has agreed to install a fence bordering Mr. Caponi's and the City's property. There is an alleged agreement between the City and Mr. Caponi as to the standard the fence must achieve. The City has no way of telling whether Mr. Caponi had a right to accept or reject the fence once installed. Further, it appears that the existing fence is not of suitable strength to meet the objectives of Mr. Caponi nor does it appear possible to repair the existing fence fabric because of its lack of strength. City staff is seeking council direction in regards to this issue. 3 Eagan Board of Supervisors June 12, 1972 It was reported to the Board that Hr. Tony Caponi was requesting that before any park improvements be made on the proposed park site adjacent to his home appropriate fencin- Le used to separate his property from the park. It was pointed out that this had been discussed with iir. Caponi at the time of the negotiation for the purchase of his property for the proposed park but that no specific agreement as to the type of fencing had :een agreed upon. Upon motion made by Chairman Rahn and seconded by Supervisor Rydrych, it ~,a.: RESOLVED that before any development of this park site be done, a woven wire fence be installed to separate the park site from the remainder of Mr. Caponi'c property, Eagan Board of Supervisors July 18, 1972 Mr. Tom ::coney appeared on behalf of Tony Caponi with regard to the purchase of a portion of the Caponi property for part; purposes and requested that the agreement by the Board as to fencing bet%;een the Caponi property and the portion of that property to be acquired for par's purposes be sated in the deed running from Caponi to the Town. It was pointed out to fir. Rooney that the Boa_d had already adopted an appropriate resolution to the effect that c fence Vould be erected at such time ec the park land would be developed and improved. 1•:r. money nonetheless requested that an additional mention in the resolution be made of the fact that the fence would be maintained once it was installed by the Town. Upon motion made by Supervisor Uselmann and seconded by Chairman !.ahn. it was RESOLVED that the former resolution of the Board indicating that the Town would erect a fence between the Caponi property retained and that deeded to the Town for park purposes be clarified to the extent that the fence would not only be erected at the time of improvin- the park lend but would also thereafter be maintained by the Tocyn. l LEO -uRP"Y THOMAS HEDGE, MAYOR 'y `CITY AOMINISTRATOII THOMAS EGAN ALYCE BOLKE CITY CLERK 'MARK PARRANTO - JAMES A. SMITH CITY OF EAGAN EOOORE WAC HTER COUNCIL MEMBERS 2795 PILOT KNOB ROAD EAGAN. MINNESOTA 55122 PHONE 161-ltOO IN FENCE AGREEMENT I I, Anthony Caponi, fee title owner of property located at 1215 County Road 30; the north line of which is the south boundary of property owned by the City of Eagan and known as Patrick Eagan Park agree to I allow the City to install a fence on my property on this common line i i above mentioned. After completion of the installation of the fence, said fence will become my property in terms of ownership, maintenance and any future responsibilities and liabilities. i City crews performing the installation agree to move all brush, trees and/or other debris which may result from this installation. - 'Signed I witnessed by/l~a...,iJ-`•d..~ Signed Dated: I i s I THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. /f . . • • THOMAS 04 EDGES A. ~ em AowNlsrwArow . ✓ ALYCE •OLKE THOMAS ELAN CITY CLERK MARK~RARRANTO JAMES A SMITH CITY OF. EAGAN THEODORE L WAC HT~~G COUNCIL .M Rtw I 3708 PILOT KNOB ROAD EAGAN. MINNESOTA 55122 /HONE 454.0100 March 30, 1979 Mr. Tony Caponi 1215 County Road 4130 Eagan, MN 55121 RE: Patrick Eagan Park Dear Mr. Caponi: The City of Eagan entered into an agreement with u on 11-6-78 concerning the construction of a fence separating he Sou th line of,-Patrick Eagan Park and the North line of your property lyin V Qrthgx1w r county Road 4130. The City has commenced the construction of the fence and will complete it during 1979. This letter is intended as a letter of understanding between you and any purchasers or your assigns and the City concerning the location of the fence in the construction area. It is understood that certain portions of the fence are not located exactly on the South boundary of the park or on your North boundary because of the extreme irregularity of the terrain and the location of certain vegetation, including trees. The parties have agreed that the location of the fence may vary from the property line slightly in order to facilitate construction. If you are in agreement with this letter, please acknowledge by signing the original and returning the letter to me for the permanent City files. You may keep a copy which has also been signed by me on behalf of the City of Eagan. Very truly yours, Barbara Schmidt BS:PHH:me APPROVED: THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. I J 11-1-79 Met with Tony Caponi, Chuck Lowery, Barb Schmidt, Jim McGuffee Discussed problems with fence. Mr. Caponi: _ Fence is not satisfactory. Wants minimum 6 inch diameter wooden posts. (J Wants fence on outside of wooden posts and braces on inside of fence to prevent climbing. Wants all posts higher than fence so wants all 7 foot posts replaced with 8 foot posts. Recommends going straight across ravine and using cattle gates rather than making square around it. All loose posts must be tightened, fence must be tight. Thinks correction would require removal of all posts and restreching of fence over longest.possible span Wants fence to keep people out not to keep animals out. If corrections are not made will not agree to assume future maintenance. Chuck Lowery: Fence is too loose. Posts are too short and odd sized. Questions that type of fence in that terrain Small trees should be cut so fence can be in straight line. Largextrees nearby on either side should be cut when fence is taken down. Barb Schmidt: Agreed to evaluate cost and feasibility of correcting existing fence and cost d f installation of chain link fence and possibility of reusing material elsewhere.(Tony had bid from Midwest for $3,000 for chain link, material only for fencing front) Existing fence could come.apart when streched. Chain link difficult to install for inexperienced crew a/c very heavy. Mr. Caponi prefers not to be involved in decision. Will write letter to Mr. Caponi explaining that fence is being evaluated. 7 i • EAGA,v PARK DEPART►+EINT 3501 Coachman Rd. Eagan, Minnesota 55122 November 2, 1979 I Mr. Anthony Caponi 1215 County Rd. 30 Eagan, Minnesota 55123 Dear rr: Caponi! The Eagan Park Department is in the process of exnlorinR a variety 6f methoes nn..'. raterials for satisfactorily 'Fencing your property line adjacent to Patrick Eagan Park. i When we arrive at a recor"nded solution we will cons»lt with you before taking action. We appreciate your co-operation and patience regarding this matter. Sincerely yours, RArh SChridt Eagan Park Director S Agenda Information Memo October 31, 1980 Page Two PUBLIC WORKS DEPARTMENT A. Public Works Department Item #1: Project #285 (Contract 80-10) for Silver Bell 'Road/Wut Bring eights utilities y, September ii; -1980, bids were received _16r the construction of utilities in the Silver Bell Road/Wuthering Heights area. These bids were considered by the Council at their meeting on September 16. At that time, it was discussed that all easements had, not been acquired and, therefore, it was recommended that consideration of the award of contract be continued unitl the October 7 Council meeting. At that meeting', it was mentioned that the majority of the easements. had been acquired for the project. However,. it was noted that two (2) additional easements had not been acquired. In a motion by the City Council., action was taken to award the contract` with the condition, that no construction. commence until such time that all necessary easements had been acquired. As of this date, the City has been unable, 'to negotiate the one remaining easement necessary to commence with the, contract. Due to the limited con- struction days in the 1980 season, combined with the fact that several residents wish to perform their own restoration which would have to be deleted from the contract by way of change orders, it. is the opinion of the staff that it is no longer feasible to consi- der the construction of this project during this construction season. The City staff. will be negotiating with the contractor, Encon Utili-' ties, Inc.,` to hopefully renegotiate the -completion date At the existing unit' prices or else recommend to the Council that bids be cancelled and then readvertised during, February/March, 1981. This would allow staff time to study possible, alternate routes around the objecting property owner and .also to `revise our speEifi- cations providing for the proper restoration as"determined by a future neighborhood meeting of all affected property. owners con- cerning their own restoration. Staff feels to continue with the problem at this time would create severe access problems during the spring thaw due to wet and unstable scab-base material resulting from winter construction. This would require substantial additional costs for access road stabilization rock. The Director of Public Works feels that, by readvertising in the winter, the City should be able to obtain bids that are economically feasible due to spring contract letting. The staff will have its final recommendation at the meeting as to whether the City should.continue the existing contract or recommend cancellation and subsequent readvertisi.ng in the spring of 1981. Item 42: Contract 80-31 t for the 500,000 gallon reservoir, re- p a n ) n Th_ur_s_cTa_y, October at 3: 00 p.m., bids were re- ceiverom eight (8) contractors for the required repainting. Specifications. called `for a total base bid for the repainting with three (3) alternates. Alternate #1 provides for the deletion of Agenda Information Memo October 31, 1980 Page Three j painting the interior portion of -the 'support cylinder for the tank. { After an inspection by, staff and reviewing the amount of deducts provided .in the bid proposal, it is staff's recommendation that Alternate #1.,-,, providing for the deletion of this painting be. accepted. Specifications then allow to award the, contract to the second low _bidder of Allied Painting & Renovating. Alternate #2 provides for an additional cost to paint the City' name three. times on the elevated: reservoir. Alternate #3 provides for an additional amount to add the City's Lone Oak Tree logo in addition to the City's name.' Taking into consideration all three alternates, the City can achieve the best price by awarding the contract to the second low- base bid, Allied Painting and Renovating. Mr. Russ Headly, Director of Facilities Planning for Sperry-Univac, informed the City that the 'position of Sperry-Univac is not to''have the City's name or logo painted on the water tower as a part of the repainting of the 500,000 gallon elevated water tank. Enclosed on pages through 12- is a copy. of a letter received from Mr. Head 1y-T- at present s-'ry-UnivacIs position on this matter. Enclosed on page 13 is a copy of the bid tabulation sheet. ACTION TO BE CONSIDERED ON THIS `MATTER: To approve or reject the bids and award the contract for 80-3.1 to Allied Painting and Reno- vating for the total base bid of $29,120 to be adjusted by the acceptance of Alternate #1. 8240100 11"REM ,It will be the City Council's determination'as to whether to accept Alterntes #2 and #3`. The .City Administrator has made contact with the Minnesota Art Council and there has `been no response as to whether the 'State would participate`in the funding of the logo on the water tower. 'T' r_n4'_1r U N 1 • U1Q13 UNIVAC PARK. P O. BOX 3525 ST. PAUL, MINNESOTA 55165 TELEPHONE (612) 456-2222 October 30, 1980 Mr. Thomas L. Hedges City Administrator 3795 Pilot Knob Road Eagan, Minnesota 55122 Dear Tom: This is to follow-up on our conversation regarding repainting of the 500,000 gallon elevated water tank currently out for bids due today. I'approach the topic with mixed feelings in light of the recent meetings concerning Eagan development triggered by the Cedar Avenue bridge opening. These meetings seem to have pointed out the need for Eagan to develop its "image" or "identity". With respect to painting the city name and/or logo on the water tower, however, I wonder if this reflects the desired image or if in fact the desired image even has been defined. I believe that generally form should follow function. The function, as defined in our 1966 deed of the water tower property to Eagan, is "...for the installation, operation and maintenance and repair of an elevated water storage tank and appurtenances thereto, as part of a publicly-owned water storage and distribution system." which does not expressly contemplate use of the tower_as an advertising or identity device. From the company's viewpoint, it has been our long- standing desire to make the tower as unobtrusive as possible- and the original off-white color, which I understand is to be maintained, was developed between the city and our architects with that objective in mind. A major purpose of the R-D classification established for Univac Park was aesthetic in nature and recognized the proximity of Univac Park to areas primarily residential in nature, particularly the northern portions of our site. Univac Park is not, and cannot be by ordinance, an "ordinary and usual" industrial area and we will continue to go to great lengths to make our facilities compatible with our neighboring surroundings. Our necessary identification signage will continue to be modest and not blustery. While we recognize the physical presence of the water tower, our long range site development concept plan, which has been presented to the city, took the location of the water tower into consideration in defining potential building sites which minimized the impact of that tower. SPERRY UNIVAC IS A DIVISION OF SPERRY CORPORATION 2 - Perhaps the bid alternates as received will make the logo/name prohibitive options. However, without belaboring the point, we recommend that they be rejected as inappropriate to the subject tower. Very truly yours, SPERRY UNIVAC DEFENSE SYSTEMS DIVISION K 0 4 d v`I R. K. Headley, Director Facilities Planning RKH:yc OUR FILE N0. 49203 REPAINTING OF 5000,000 GALLON ELEVATED WATER TANK CITY IMPROVEMENT NO. 80-31 FOR FAGAN, MINNESOTA BID TIME: 3.00 P.M., C.S.T. BID DATE: Thursday, Oct. 30, 1981 CON* AC'ORS TOTAL BASE BID ALT. #1 ALT. #2 ALT #3 1. Allied Painting & Renovating 29,120 6,000 +1,000 +1,600 2. Schuman Bros. 26,700 -1,200_ +1,250 +4,500 3. Gentler Contracting 33,750 -5,_^00 +1,000 +2.`^0 4. A & B Industries 40.847 -3 500._ +2.4 +1,70 5. Ford Tank & ainting 47.000 -7.000 +'-.20(,' r^0 6. Tenyer Coatings, Inc. 49.^00 -8.000 +1=50= +4.F00 7. Odland Contracting Co. 49.000 -3y +1.500 `2.000 8 Abhe & Sroboda, Inc. 58,300 11,100 _ 675 +'-.4Q a + ENGINEER'S ESTIMATE----------- 935.000 Y Agenda Information Memo October 31, 1980 Page Four. 0 There are three (3) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If there is any item which the City Council would like to discuss. in further detail, that item should -be removed from the Consent Agenda and placed under Other Business unless the discussion required` is brief. This will allow the Mayor to proceed with the Public "Hearing as legally noticed at 7:00 p.m. TEMPORARY BEER AND BINGO KNIGHTS OF COLUMBUS A. Temporary Beer & Bingo License 'for Knights of Columbus (11- 16.80) The Knights of Columbus are holding a Turkey' Bingo on November 15, 1980 at St. John Neumann Church and would like a tern- porary, beer permit to allow the sale of 3.2 beer at the occasion. 'Mr. Jerry Hein is representing the Knights of Columbus as the appli- cant for the non-intoxicating liquor license. This application was reviewed by 'the Police Department and is found to be acceptable according to ordinance regulations. The bingo license was' also. applied for by `Mr. Jerry Hein and Mr. Roy Haas will be the gambling manager. The. only event is bingo which is scheduled-from 7:30 p.m. to 11:30 p.m.- The maximum number. of players wll`be 100 per game and there will be approximately 60 prizes at about $8.'00 per prize. ACTION' TO BE CONSIDERED ON THIS MATTER; To approve` both the 3.2 beer and bingo license for the Knights of Columbus on November 161- 1980.. TEMPORARY BEER ST. JOHN NEUMANN PARISH ra B Temporary.Bger for St. John Neumann Parish Dance (11-15-80) An application in the name of Marilyn Lancette, representing St. John Neumann Parish; is in order for consideration for November. 15, 1980. The St.' ' :John Neumann Parish is planning a Parish Dance on that date and has requested that 3.2 non-intoxicating malt liquor be sold at the dance. The Police Department has reviewed the application and finds that the applicant meets all ordinance requirements. ACTION TO. BE CONSIDERED ON THIS MATTER To approve the temporary beer* license for St. John Neumann Parish Dance on November 159 1980. Agenda Information Memo October 31, 1980 Page Five 1 PLANS & SPECIFICATIONS I-494/I-35E INTERCHANGE C. Plans Specifications I-494/1-35E Interchange Excavation & Bridge Construction The• City has received plans .,and specifica- tions providing for the T.H. 55 bypass, excavation and bridge con- struction for the alternate interchange of I-494 and I-35E. The City has received- a'-resolution - that must be executed to approve the final plans and specifications. The project is scheduled for bid letting on December 5, 1980. The overall plans for the I-494/' I-35E interchange have been reviewed at- previous meetings by thei City Council. The detailed: plans and specifications have not altered from what the City Council has seen previously and have been reviewed in detail by the Director-of Public Works and Consul- ting Engineer. City staff finds the plans and specifications to be consistent and in order for approval by the City Council. There- fore, it is in order for the City Council to: approve the plans t and specifications. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the plans and specifications for the I-494/1-35E interchange and authorize the'.' Mayor and City Clerk to execute said resolution of approval. - IMP. 264-B A. Imp #264-B (Street Improvements in Twin. View Manor) On October 7 1980, the City Council received a petition 'from 'several residents located in the Twin View Manor Addition requesting the installation of standard streets. A public hearing was scheduled for the November 5, 1980 City Council meeting to consider the feasibility, report and related costs. associated with this.petition improvement. Presently, utilities are being constructed under Contract #80-19, which provides for the restoration of the gravel roads to ,a rural ditch cross section. If these 'requested street improvements are approved and ordered for installation at the Novem ber 5 meeting, the City staff would then prepare the necessary change order to provide for the restoration of the gravel street to an urban section and provide for the installation of potential improved street. The Director of Public 'Works; in reviewing the report, found,, it would provide for an approximate cost savings of $1,400 (1980 cost) if the ultimate improved streets were instal- led during the spring of 1981. For additional information on this matter, please refer t the feasibility report, a copy of which is enclosed on pages through Q . ACTION`'TO BE CONSIDERED ON THIS MATTE To close the public hearing and either`approve .or'deny consideration to order the improvement of the streets in the Twin View Manor Addition. _i5~ Glenn R. Cook. P.E. Keith A. Gordon. P.E. l30• / a Ono G. Bonestroo, P.E. Thomas E. Noyes, P.E. Robert W. Rosen. P.F. Richard W. Foster, P.E. Joseph C. Anderlik, P.E. Robert G. Schunicht, P.E. Bradford A. Lemberg. P.E. Marvin L. SorWa. P.E. 2335 ?f/ 7wwL a,44A..t 36 Richard E. Turner, P.E. Donald C. Burgarda P.E. rSt. Aae.r INwrwala 55/13 James C. Olson. P.E. Jerry A. Bourdon. F.E. Mark A.. Olson, P .E. P".,- 6f.2-636-41600 Steven M. utncry 61 Charles A. Erickson P Leo arMlan. M. . Olson Har Olson 1956 - 245dL - 1981 M David E. Olson 'versaty' Preliminary Report on Street Improvements CW Tw inv i ew Manor "0" Improvement Project 264B Eagan, Minnesota October 13, 1980 SCOPE: This project covers the construction of street improvements in Twin- view Manor Addition in Eagan, Minnesota. FEASIBILITY AND RECOMMENDATIONS: The project is feasible and is in accordance with the Street Improvement Standards of the City of Eagan. For bidding pur- poses, the project can best be combined with another street improvement proj- ect. DISCUSSION: A construction contract , 80-19, has been awarded to construct sanitary sewer, water and storm sewer in the Twin View Manor. Addition. During the hearing for this project, street improvements were discussed but, because a majority of the home owners preferred no permanent street improvements at that time, only gravel streets built to a rural cross section were included in that construction contract. Recently the City Council was petitioned to provide additional street im- provement information for further consideration. If rural cross section streets with gravel surface are constructed at this time, the right of way will be shaped to provide shallow ditches on each side of the street with culverts under each driveway. Page 1. 1060.a Future permanent street surfacing will require filling the ditches, remov- ing the culverts, adding topsoil, resodding the boulevards and restoring the driveways in addition to the concrete curb and gutter and bituminous surfac- ing. In addition, it will be more difficult to get proper drainage from the yards into the gutters without considerable regrading of the gravel streets. Experience with gravel streets has shown that a considerable amount of gravel is lost by erosion and must be replaced when bituminous surfacing and curb and gutter are added. More difficulties with erosion along the edges of the street are encountered and the cost of maintenance is increased. Cost estimates of the various alternates have been prepared based upon surfacing Erik's Boulevard from the south end of the plat to Co. Rd. 31. and Dolores Lane from Co. Rd. 31 to the west side of the plat. This will include twenty-two lots or two more than originally included in the first report as the owner of Lot 18, Blk. 4 has requested street surfacing to extend across this lot. Those items of restoration work related to driveways and boulevards contained in the current water and sewer contract (80-19) were omitted from the street improvement costs for this report for comparison of additional costs only. If the project were approved and ordered for construction, the restoration of boulevards and driveways would be deleted from #264A (80-19) and added to this report. AREA TO BE INCLUDED: Twin View Manor Addition Lots 1 & 2, Block 2 Lots 1 through 6, Block 3 Lots 6 through 9 and 18, Block 4 Lots 1 through 7, Block 5 Parcel 030-03 Parcel 020-03 Parcel 010-03 Page 2. 1060a 1 • 0 COST ESTIMATES: The following cost estimates include construction costs plus 21% for engineering, legal, administrative and other costs appurtenant to the project: Alternate No. 1 - Based on utility restoration of street to a rural section gravel street for 20 lots $ 21,300 Add for two lots @ $1,065/Lot 2,130 $ 23,430 Estimated Cost per lot = $1,289 (22 lots) +21% 4,920 $ 28,350 Alternate No. 2 - Based on utility restoration of street to urban section ` with subsequent improved street surfacing to follow immediately Cost of Rural Cross Section (20 Lots) $ 21,300 Delete Driveway culverts - (1,610) Add concrete curb & gutter & bituminous surf. 38,000 $ 57,690 Add for 2 added lots @ $2,885/lot 5,770 $ 63,460 +21% 13,330 Estimated cost per lot = $3,490 (22 lots) $ 76,790 Alternate No. 3 - Based upon utility restoration of street with a rural section gravel street an future reconstruction to an urban section with curb and gutter and bituminous sur- facing. 1980 Cost for rural section gravel street $ 21,300 Concrete C. & G. and bit. surf.,('80 prices) 38,000 Added items due to deferring curb & gutter and surf'g @ 1980 prices Strip topsoil and sod 1,500 Filling of ditches 3,500 Removing culverts 800 Topsoil replacement 3,000 Driveway restoration ?,900 2" Supplemental gravel 4,000 Sod Replacement 6,250 Cost for 2 phase construction, 20 lots $ 81,250 Add two lots @ $4,062.50/lot 8,125 $ 89,375 +21% 18,770 $108,145 Page 3. Estimated cost per lot $4,875/lot (22 lots) Extra cost to do rural section now and change to urban section later: Total for 22 lots Cost Per Lot Urban Section in 2 phases $108,145 $4,916 Urban Section in 1 phase 76,790 3,490 $ 31,355 Extra $1,426/lot Extra ASSESSMENTS: Assessments for street improvements are proposed to be levied against benefited property on a per lot basis for all lots benefited. All costs of the street improvements are proposed to be assessed. Rural Section Gravel Streets (No street surfacing) $1,289/1ot Urban Bituminous Surfaced w/Concrete Curb & Gutter, l phase with current project $3,490/1ot Urban Bituminous Surfaced w/Curb 6 Gutter, in 2 phases with surfacing and curb & gutter in a future project $4,916/lot Extra to do urban section in a future project $1,426/lot REVENUE SOURCES Street Improvements Constr. Cost Assessments Balance Alt. No. 1 Rural $28,350 $ 28,350 Alt. No. 2 Urban, with current project 76,790 76,790 Alt. No. 3 Urban, 2 phases 108,145 108,145 PROJECT SCHEDULE Present Feasibility Report October 21, 1980 Public Hearing November 5, 1980 Approve Plans and Specifications . Jan./Feb. 1981 Advertise for Bids - First Publication Feb./Mar. 1981 Open Bids Mar./Apr. 1981 Award Contract April, 1981 Construction Completion August 1981 Final Assessment Hearing September 1981 First Payment due with Taxes May 1982 I hereby certify that this report was prepared by me or under my direct supervision and that I am a ro by: M/)v duly Registered Professional Engineer under the laws of the State of Minnesota. Tom Cclbert, Dir. of Public Ra'~'`^/-`~ GCS Date: ~Q/3d 47) Works Robert W. Rosene Date: October 20, 1980 Reg. No. 3488 /9 Page. 4. I CLIFF ROAD l Proposed Replat ` p o + Afoi h < Li Crc $ •°s 18 9® 2 DO LO 7 1 1 LANE 2 2 o, X 5 3 3 Assessment Area Q 4Y 43 2 , U 5 Cr 5 C1: I 16 6 m O Z Y f-- O a. TWIN VIEW MANOR STREETS PROJECT NO. 264 49131 Scale: 1-=400 - NO A~~ i ASSOC4 Ot Revised Oct. 17, 19 0 ' 4 r Agenda Information Memo October 31, 1980 Page Six ERICK ERICKSTRUP A. Erick Erickstrup for Assessment Committee Recommendation At the September 11, 1980 Special Assessment Committee Meeting, a special -request by Mr. Erick Erickstrup regarding a storm sewer assessment as it relates to Imp. 79-6 was considered. The following is a copy of the minutes of that meeting. "Mr.' and Mrs. Erick Erickstrup were present concerning °their request for storm sewer assessments levied against their property consisting of 9.8 acres be deferred under Ordinance 66 consisting of Senior Citizens' Deferred Assessments. It was noted that the Erickstrup's do not qualify under the age requirement, although they do qualify under the financial requirement. 0,81 acres had been dedicated for pond, but no dedication has been, made for Cliff.Road or Pilot Knob Road. It was understood that unplatted property had been assessed under Project 257 and no exception is being given to unplatted property. Also, the Erickstrup's have appealed the storm' sewer assessment, Rahn moved, Egan seconded the motion to for- ward the matter to the City Council for further tens dera- tion in light of the circumstances of the Erickstrup pro- perty including special hardship considerations. All voted in: favor Mr. Erickstrup has asked that he be -given time at the City-Council meeting to discuss. this matter with the City Council, if required. Since the last ' City Council meeting, Mr. Erickstrup was sent a letter by the City Administrator informing him that this item would be.considered at the'November 5, 1980 City Council meeting,. ACTION To BE coNSIDERED ON THIS MATTER: To approve or deny the recommendation of the Special Assessment Committee regarding a storm sewer outlet assessment for Mr. Erick 'Erickstrup, COACHMAN OAKS SECOND ADDITION B. Preliminary Plat Approval for "Farnum Place", Previously Called "Coachman Oaks Second Addition" The City staff met with repre- sentatives of Rosewood Corporation and reviewed a `sketch plan for Coachman Oaks Second Addition; a townhouse project.' Rosewood Cor- poration has taken the City Council's recommendation and looped the street through` the project instead of providing cul-de-sacs. The developer is also providing for twenty quadrominium:buildings, , or 80 units, which all meet the required setbacks for an R-3 District. The only, concerns that the staff has at this time is providing for a trial connection to Pilot Knob Park through the E Agenda Information Memo October 31, 1980 Page Seven Univac Property. There should be a trail easement running east from Four Oaks Road where it terminates into the looped street. The second item of concern to the staff is that Coachman Land Com- pany submit a detailed landscaping plan showing the buffering' between Timberline Addition and the proposed project. At this time, the developer has not provided the landscaping plan. There- fore, any approval of this preliminary plat should be subject to a detailed landscaping plan acceptable to the City staff. Because of City Council familiarity with the project, previous reports and drawings were not included with this City Council packet.' Enclosed on page r, is a sketch plan which illustrates the pre- luminary plat for`-Ee Coachman Oaks Second Addition as requested by the City Council. It is the recommendation of the City staff that the preliminary plat be approved in the naive of "Coachman Oaks Second Addition". This would be consistent with all records and previous ;applications. If the developer wishes to market his development as "Farnum Place", the City has no objection as long as all plats are filed as Coachman Oaks Second Addition. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the preliminary plat for Coachman Oaks Second Addition as presented. a Z , r. y ; ; , a 6.~ f .*1 ~ ~ 31 I : = r a - n c ti s o } in ~ A e ~ i- U ' a 104 E s i e j r r win Road `ti F 1 ~ i y' i i I ° I W ( `Z i~~ Y I i 40 _o ( E LL v e0 ~ ~ m I` rr v= wo I ' Phase E i I a ' I I ~ U ¢ I V ~ ~ Agenda Information Memo. October 31, 1980 Page Eight PRELIMINARY PLAT FOR "SAFARI AT EAGAN" C. Preliminary,Plat and Detailed Plan Approval for"Safari at Eagan" Community 'Shopping Center - An order was handed down by the Dis- trict 'Court on September 29, 1980, directing the City; Council to consider the application as presented by Fortune` Realty, Inc.;, to consider a preliminary plat-and detailed site plan for a com- munity shopping center entitled "Safari at Eagan". It is the in- terpretation of our City Attorney that the judge is saying that commercial zoning under the Blackhawk Park PUD,_ exists on the 30 acre parcel and that the City Council should then consider the application with that in mind. It is also the opinion of the City Attorney that it is not necessary for the Council to send the appli- cation back to the Planning Commission, that their recommendation to the City Council at a meeting held on March 25, 1980, is in order for consideration. There is no public hearing requirement; however, the City ,Administrator did send a letter to all property owners adjoining the proposed Safari at Eagan shopping center development explaining briefly what has happened regarding the zoning question. _A copy of this letter is found on; page a J~ for your information._ A copy of a letter from the City Attor- ney mated October 28, 1980 and also a summary which was perpared by that office dated June 13, 1980 are enclosed for informational purposes on pages through p A copy of the Planner's report dated March 20, 980' and _tNe___T~arch 25, 1980 APC minutes are also enclosed on pages 3 t through` , for your information. If there. is any additional- information-_Tihch would be helpful, please feel free to contact the City Administrator any time prior to the meeting on Wednesday. ACTION' TO BE CONSIDERED ON THIS MATTER: To address procedurely how this matter should be handled in lieu of the District Court order- and/or consider approval or denial of the preliminary plat and site plan titled "Safari at Eagan", a community Shopping center. PHONE 454.8100 CITY OF EAGAN 3705 PILOT KNOB ROAD EAGAN. MINNESOTA 55122 October 29, 1980 Re: Safari at Eagan Dear Property Owner: An application was submitted to the City of Eagan in February, 1980, by Fortune Realty, Inc., to consider preliminary plat and detailed site plan approval for the Safari at Eagan Shopping Center. Public hearings were held this past spring before the Advisory Planning Commission and City Council to consider the aforementioned applications. At a City Council meeting held on June 17, 1980, action was taken to deny the application for preliminary plat and detailed site plan approval of the Safari at Eagan Shopping Center Because of various objections made to the application and "the fact that the property had not been properly zoned for commercial purposes, including the fact that the developer had specifically excluded the subject commercial property from the PUD legal description, but that the applicant, including the owner and developer, could submit a request to the City Council to clarify the zoning due to the complexity of the legal and factual issues involved." The applicant, Fortune Realty Company, did petition the District Court to resolve the question of whether the property had been properly - zoned. A District Court order of September ' 29, 1980, directed the City Council to consider the application for approval of the preliminary plat and detailed site plan of the Safari at Eagan Community Shopping Center without regard to zoning. It is the interpretation of the City Attorney that the judge is saying that commercial zoning under the Blackhawk Park PUD exists on the 30-acre parcel and that the City Council should then consider the application. The applications, as referenced, are scheduled for consideration by the City Council at their next regular meeting on Wednesday, November 5, 1980. Hopefully, this letter will help provide background to you as an adjoining property owner.' For additional information, please feel free to attend the meeting. Sincerely, u Thomas L. Hedges City Administrator TLH/hnd ~ / - 0 • PAUL H. HAUGF & ASSOCIATES, P. A. ATTORNEYS AT LAW 3906 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HAUGE AREA CODE 612 BRADLEY SMITH October 28, 1980 TELEPHONE 454-4224 KEVIN W. EIDE Eagan City Council 3795 Pilot Knob Road Eagan, MN 55122 Re: Eagan 30.7C (Safari At Eagan) Dear Councilmembers: I forwarded a letter to the Council on October 14 giving a resume' of the Court proceedings regarding the Safari At Eagan vs. City of Eagan case. The order of September 29th directed the City Council to consider the application of Eagan 30.7C for approval of the preliminary plat and detailed site plan of the Safari At Eagan Community Shopping Center without regard to zoning. It is my interpretation that the judge is saying that commercial zoning under the Blackhawk Park PUD exists on the 30-acre parcel and that the Council should then consider the application with that in mind. The Council will remember that the Planned JTnit Development Agreement was signed.in June of 1977 and that in March of 1980 the Planning Commission recom- mended approval of the preliminary plat and site plan for the commercial shopping center. After delays on April 15 and May 20, the Council on June 17 rejected the application for approval of the preliminary plat. The Judge appears to state that the Council, in effect, should reconsider the application and doesn't specifically state that it should go back to the Planning Commission for review. Therefore, it appears appropriate that the City Council can hear it on November 5. ery !truly yours, L Paul H. Hauge skk PAUL H. HArGE & ASSOCIATES, P. A. ATTORNEYS AT LAW 3004 SIBLEY MEMORIAL HIGHWAY E.AGAN (ST. PAUL. MINNESOTA 53122 PAUL N. HAUGE A:cA CODE 412 BRADLEY SMITH June 13, 1980 TELErNO«c 434.4224 KEVIN W. FIDE Eagan City Council 3795 Pilot Knob Road Eagan, KN 55122 Re: Safari At Eagan Preliminary Plat Blackhawk Park PUD Honorable Mayor and City Councilmembers: This letter is a very brief summary of the history and some of the events culminating in the recent application for preliminary plat approval and de- tailed site plan approval submitted by Fortune'Realty, Inc., for the approval of a 30-acre plan intended for shopping center purposes at the northwest corner of Cliff Road and Thomas Lake Road. I will try to summarize some of the background even though the record is somewhat sketchy. 1. On April 25, 1972, an application was heard by the Advisory Planning Commission brought by Fortune Enterprises and Byron Watchske to rezone from Agricultural to Planned Unit Development covering about 450 acres in scattered parcels generally known as Blackhawk Park PUD. There was discussion about development coming soon and on May 23, 1972 the Planning Commission questioned approval of the PUD indicating concern that the parks may not be developed for several years. No action was taken by the Planning Commission. The APC recommended approval as to parcels B and D only and not as to A and C. The applications submitted in April, 1972, for rezoning and Planned Unit Development for-Eagan 500 appeared to include the subject property which is the south 1015 feet of the SEA of the SWh of Section 28 - 27 - 23. The written submissions and drawings also included a commercial parcel of approxi- mately 30 acres in that location. 2. The Council on June 20, 1972, continued the public hearing to July 18 noting the need for more detailed plans. 3. On July 18, 1972, the public hearing was reconvened covering the 468 acre parcel when Mr. Watchske announced the withdrawal of the formal application for rezoning and Planned Unit Development and in place requested permission to present the proposal of general development concept. The Council gave general concept approval looking toward ultimate approval of rezoning to Planned Development subject to certain conditions. 4. On July 24, 1973, the APC considered the annual review request for "Eagan 500" and a written summary was submitted and the APC placed the matter in the file until the next appearance. x June 13, 1980 Page Two 5. On August 7, 1973, the Council simply reviewed the PUD and no action was taken on the annual review. 6. On June 25, 1974, the annual review of Eagan 500 was presented by Mr. Fd Dunn and no changes were noted in the proposal. The submission includes infor- mation on the commercial center. The APC recommended that a public hearing be scheduled in that a revision to Ordinance No. 52, Zoning Ordinance, was then taking place. 7. The Council on Ju~tit, 1974, scheduled a public hearing for August 6, 1974, on Eagjan 500 PUD. N 8. On August 6, 1974, a public hearing was held before the Council which indicated approval of the PUD but which is noted as annual review. 9. On July 22, 1975, the application for annual review was submitted and the Planning Commission recommended approval subject to submission of a signed Planned Development Agreement. 10. In addition, an application was submitted in Jur.e of 1975,which was approved by the Council on August 5, 1975. 11. The next application was submitted in May of 1976 and approved in November of 1976. 12. In 1977 a request of the City was made by Dunn & Curry for annual review and a letter was received from Dunn & Curry dated September 19, 1977, asking for a delay in the annual review because the PUD Agreement had just been fully signed on June 21, 1977, and Dunn & Curry had an application before HL'D for financing guarantees. 13. It appears e n xt a lication or P annu 1 review was on March 9, 1979, and approved by the Council on June 5, 1979. The drawings attached indicated Commercial in the proposed Safari At Eagan commercial site and a review was done by the City Planner at that time. 14. An application was submitted by Eagan 10.7C, a Minnesota limited partnership consisting of Fortune Realty, Inc., as general partner dated February 5, 1979 (I assume it should had been dated 1980) for preliminary plat approval and detailed site plan approval for Safari At Eagav shopping center. The Planner's report is dated March 19, 1980, and the public hearing was held on March 25, 1980. The APC recommended approval subject to many conditions and all members voted in favor. Also, the APC recommended approval of the detailed site plan unanimously. At that meeting the president of the Woodgate Homowners Associa- tion was present as were other residents from Woodgate and objected to the shopping center for a number of reasons. 15. The City Council then heard the application on April 15 at which time objections were received and the Council requested further research from the staff and consideration on May 20, 1980. e) Q OF - V June 13, 1980 Page Three 16. The Council again briefly considered the matter on May V'0. A meeting had been held between the attorney for the Woodgate Homeowners objectors and City staff with additional information being supplied to the attorney. A letter dated May 19, 1980, from Clint McLagan,attorney for the objectors, was received indicating names of people who allegedly had not been notified of the hearing on March 25. Approximately 58 names appear on the Dakota 'County Abstract Company's listing of property owners within 350 feet of the 30 acre parcel and Mr. McLagan stated that 25 of those owners did not receive notice. According to the Eagan records, notices were sent out to all of those persons and only one envelope was returned. In addition, Mr. McLagan stated that four other persons were not noticed but live within the 350 feet, but those names do not appear on the abstract company's list of property owners. At the May-20 Council meeting, Mr. McLagan again submitted a letter with three objections: a. That certain persons were not notified of the March 25 hearing. b. That the Safari At Eagan parcel was excluded in the Planned Develop- ment Agreement legal description dated June 21, 1977. It was noted in the legal description attached to the Agreement including 13 meets and bounds descriptions that there was an exclusion for the south 1015 feet of the Vi of the SA of Section 28-27-23. c. That the development is unreasonable because it does not-promote the public health, safety, morals and general welfare of the area. 17. On June 9 Tom Hedges called a meeting of several staff members, representatives of the Woodgate Homeowners Association, and Mr. Watchske and his representatives at City Hall. We discussed the three principal objections that the surrounding neighbors had and also reviewed the options on behalf of the City which are as follows:. a. The Council could declare the PUD zoning valid and proceed to approve the preliminary plat and the plan subject to conditions. b. The Council could declare the zoning invalid in light of the fact that the PLID Agreement legal description specifically excludes the commercial parcel and the following could then take place: (1) The applicant could submit an application to rezone the property for commercial purposes with the risk of being turned down by the Planning Commission and Council. (2) The City Council could, on its own motion, call a public hearing to rezone to any specific use. (3) The property owner and developer could bring an action against the City in an attempt to force the Council to allow the commercial zoning on the basis of the past history and permit it to amend the Planned Unit Development to include the Safari property that was excluded in the legal description. (4) The Council could amend the PUD Agreement and include the property which apparently was intended to be included in the Planned Develop- ment throughout the history of the development. ~..°I City Council June 13, 1980 Page Four 18. Miscellaneous. a. MSA 462.357, which is the planning and zoning statute, does not require mailed notice to surrounding property owners in the case of re- zoning except under five acres. However, in the 1975 revision of the zoning ordinance and adoption of Ordinance No. 52, the Eagan City Council then imposed the requirement that the applicant submit a list of property owners within 350 feet of the property intended to be rezoned similar to applications for rezoning for preliminary plat and requires notice be sent to those property owners. b. Ordinance No. 6, which was in effect until April of 1975, provided for Planned Development Districts at least as early as January, 1969, if not earlier. The applications for PUD approval followed the procedure for application for zoning with submissions to APC and approval after hearing 1- %v the Town Board. Miscellaneous information was required to be submitted and annual reviews were also required. Under Ordinance 6.04, a public Ai hearing was scheduled and notice was sent according to Minnesota Statutes to property owners within 200 feet where rezoning was requested on parcels of five acres or less only. c. Ordinance No. 52, adopted in 1975, provides for Planned Development Districts including the execution of a planned development-agreement with the application being submitted in accordance with zoning and application requirements. The ordinance provides for staged development and also sketches showing various aspects of the development. d. Zoning Map. It appears that the zoning map up to the present time has indicated PUD for all of the Blackhawk Park PUD property and has not noted the specific zoning. e. Land Use Map. The Land Use Map that was submitted and prepared in 1975 indicated Neighborhood Business. f. PUD Agreement. In late 1975 we began work with attorney Bob Hoffman concerning both the Lexington South PUD and the Blackhawk Park PUD Agreements and this extended over nearly two.years. Many drafts were done of each and it was finally fully signed and dated June 21, 1977. Sincerely, Paul H. Hauge skk 30 MEMO TO: ADVISORY PLANNING COMMISSION C/O DALE RUNKLE - CITY PLANNER FROM: THOMAS A. COLBERT - DIRECTOR OF PUBLIC WORKS DATE: MARCH 20, 1980 RE: PRELIMINARY PLAT - SAFARI AT EAGAN The Engineering Division has the following comments to make in regards to the above referenced plat: UTILITIES: A sanitary sewer and water main of sufficient size and depth is available along Cliff Road and Thomas Lake Road to handle this proposed development. STREETS: Access to this proposed plat will be available via the improved Thomas Lake Road and County Road 32 (Cliff Road). It will also be serviced by an internal street which should be constructed to City standards and dedicated as public right of way. This will serve as a loop street from Thomas Lake Road to Cliff Road. GRADING/DRAINAGE: An internal storm sewer system will have to be constructed along the internal loop street to intercept the drainage from the parking lot and building areas This storm sewer will then be directed to the northeast corner towards an existing ponding area on the west side of Thomas Lake Road. This ponding area is presently connected to Thomas Lake to provide the positive drainage outlet. It is recommended that a ponding area be provided for in the southwest corner of this proposed plat as a primary detention/ sedimentation pond. An erosion control plan will have to be submitted pertaining to the proposed grading. There will have to be some minor adjustments to the grading plan and/or the building elevation to provide for the proper drainage of the parking lot. This will be required before final plat approval. SITE PLAN: The site plan will require some minor revisions incorporating raised islands, parking stall and driving isle dimensions, etc. Without this revised parking lot layout. and site plan, it is difficult to tell what the final number of parking stalls provided will be. It is recommended that a truck dock screening wall be incorporated with the same building materials as the overall structure to completely incorp- orate and screen the loading dock area for the grocery store. CITY OF EAGAN-ENG:::-ERING DIVISION SAFARI AT EAGA.N MARCH 20, 1980 PAGE TWO EASF.ENTS : The City has been planning for a connection between the all purpose highline trail and the Dakota County Park System. This north/south connection is intended to follow along the William Brothers pipeline easement which tra- verses across the western portion of this plat. Therefore, an easement will have to be dedicated to the City providing for this all purpose trail con- nection. The easement which is required has been established at 50 feet. All other standard drainage and utility easements have been shown on the revised preliminary plat dated March 12, 1980. This provides for the ap-ropriate 75 foot half right of way on Cliff Road and the necessary 40 foot half right of way along Thomas Lake Road. I will be available to answer any further questions regarding this develop- ment at the Planning Commission meeting of March 25, 1980. Respectfu ly submitted, Thom s A. Colbert, P.E. C Director of Public Works TAC/jlr ~2 ~u a Y z..~ ~IZ , 2 S1 d✓ f~°it TC-~~ 'Z G 4 YCE ' • I y~e~' ~ ~N sLO ~o ~ R o ~ a7 7 ii V V o .^•i . i j 0 re C- c 0 9 O YQY>• ~i a - o i- --Q~f3~ j~~ \\;.3~t1~- 'i! ~,5t1~V0►-11':,r'_. 'o -T~~ T~ LL. LL. 1 ''t; 1 1 1 cr ; I WLL 3a 'sous''; ~ ~ - ; m cool ~ : \ v, ~ ~ r;~-- { II 1, , s w 9 ; a y .r 1.. ,II~~_q", m V W r I I ll/ ( I 1 < C < / ✓ - ~ , l - - ; r ~ . _ ~~r,,•'-;; ---rte ._.~`~r ! us We as c- LL. ` - - F, -77 I ~ ~ 9~_: _ ~ ~ , . _ - .'N oip d F 4 , ` e~ _Y 1: - t', ~ ~'6orb ~ w~,.~_--~---cam _r ~ \ '_~ua•~- .A9f ~r i'`~J { r q/ . ~ ~ f~j~`~'~eT`. ~Ofh ~ 1-(--.f_~-. W 1 , . • . ry, ~ + 'may i . + " / D' y ~ + ~ , 020 E Co,) 0% I of it lit 1 _ ~-+~~a"'!'lU a =4o •rlb~~ -"~'~OW _ ' ` i ~`ti N-. th ,TT-~1 r 1 . a • e = •r` ' -_~.-L- 444 / ° o o ° o - `a a e o o v•s..i-)_n.J. -i 40-~;•_p u_o..,• c Va- 31 a a• r ♦ t♦ C 5° Q oWJ~ 7,5 E F J CL - Vo ] a Iv. C VL ~c'Z _ ~v~~~ - 0 C) f Peon a)Iel seumxu I 1 a ~ j 1 - - i v ! 1 L r. % 1h % S I . cT Q C - .oy oi` - of r' c c.•= 60 i -'N - , I - For 00 3S t UJ r - M • • i p e~ r, • i rw4w ~~I#~~1 I - i r 1 r a'J I J 1 4 re~m % s % rF4t L ' n d , Jf • QpO 10 LL- j Thomas Lake Road rflQ~OO Q j i 07 11 C- 3 =n(n Y 1 ^ - - - I T f (D N ID i co, 0 V) .2 • ell1 l amzn a Ste:-`~~_"--_ • :T_,- ~ ~-4 • + I-i L If r~~ t - I 946-0 _ r--' ~ } t±' ~ raj - _ - -`I OF ,F ~ - ~.:i ! 1 - 1 - - to i 7 11 s_oo 7000 c I t 1 ~ S =s N04 n•0 N Y w ~ Q i ~ E A-u- y J I V, l~~ii'i''~/---~~l\s~'~r~''t p;~ frt. ~t~s,1 ~b ~ . S. Irk /l I { j _QI I \ o•ogs t3 0 C V ~ X 1 I ` Lei ~ - A-i co Co ol Mi. L. (1) IOU f S i ; o ;oos co CJ ~ Y x 1 ~ -wc ~ al I 44 ~ f I i ~ ! 1 3 L I ~Y r _ co o Jz: tZ. • --T jar r L' I 30 C. S A. H. ~ i 11'` ( 11 UTILITY - g' MM. r Ix Q f- _X V / I jr T7 42, .1 ir -.I ty ~T J~ tii '%'•J '•'J j., • .,J .r1 : 1~': l n.~i , i) - i + ' ~s+ r - ` ~t 1: X"r 4,,.\. >I~ t.l y) J ; ~ lt~• ^"1 r ~.l~ i i i'. ` i.'1 ^ z, , i.s 1.Y - J U~`~'„ `I~ ',~11 i ~1' ) . 2. ~~t)~~ ~ 1• ~,t '1 ~ ~ j ~ ; Jia: `./..d✓•s.~; ~ 4 ~,'!~~}~Q'ti~~`~t~Y,~{...t;~V ~1,.~ ~ j.~,~;j),'~l'. f)~.;. f • ,..!`J! ~ ~ ; ~ .J•t~.,% ~ S V~ f: ~.j•~' y ~.•WI$}•ItG~:"lt►7Y1s•_•~'1 -rt:~+' ~1•~`.•w 1)~.. / .~'t~,L%- i /L/`/~.'""'`''~._. 9d~s .ry " i'8~ ~,JS JU _ F 1Jt 41 \ I;~ , ~ EXHIBIT C -11 IIIIAL A . blackhaw par -~T= ?M eagan mina _ 11 .1- 67 1 I~I qtr- , 1 ass- xf --,rr- rras • ~'aMka" \ S 01 F [ It9.l ai, 21.0 1.110 }.0.1 1.111 1 f f 1 ,y e S $ OCT. 12't,6 0 a0.0 •5 M 01~ ..a.-J-` - [f ~i 1-35E * Al f I 1 -C Land Use r ' Residential J R 1 S. F. (0-3 wa) 1~( t: t ;'j, Giv4 R-2 Mix. Res. (3-6 u/a) 9lackhawk Lk R,3 Mix. Res. (6-12 u/a) arc ,t 1 R-4 Multiple (12+ u/a) 'IV Commercial 7 N.B Neighb. Bus. t,: ' ' _ "ti►' d' 3 aSC Comm pity Shop. Gitr I ~ 1 ~ a rX Park Open Space (P) 1r 11 t' , ` qg ; 1'`. j.. lH k r y I Trail ....I„IIIIIINMIIIIIIIR,IYIINIIIIIMIIIIIIHgI111111111NRMIMIIIIgII T~.L►}Art --T'{ t•14: ~7! Y:~~~~~~,. jq-76 1901 4 p'~ 2 1981 1984 " Ix 3 I9&I - 1986 4 1986 - 1988 ~w 7, 7 i r I a l -k^ .2 "A IJ~~y~~1 i.~•"l. ~L~y~~~c ~~ji1 ' t r1 ~ ~ s - ;R'~'~" 'c~ tr r f s A d :p,I 'a / • li ~ t ~ ~ i r-'r • .d. ..r MILL 13 ` c A r AlIlT flun f r_. • 1 r unIRS MITI 1 1„nINY q - - - 11 T p\\P . l w _ ` ~asertsn _ y ' r R4 .y 1 L % n f~j( O r t . v:o i vs~ i I f~ 1 pace. 1 f11.7 ac. 9'^ v in . - - - rt - - - Medi ' Den Co unity: ac. c. High _ C - ac. Density 100 en ity 1 - f,, l du. -J~ iO01AS LANE O r `~I BLACKHAWK PARK INC. (soum) - ' wSign mus EAGAN 500 P.U.D. ,~..~n . uN . • 44 July, 1973 PRELIMINARY LAND USE AND DENSITY DATA Blackhawk Park, Inc. Eagan 500, PUD North South Total Half Half USE Dwelling Dwelling Ac Dwelling Acres Units Acres Units Acres Units NON-RESIDENTIAL Freeway R.O.W. 12.2 - - - 12.2 - Civic Center 16.7 - - 16.7 - Community Center - 8.7 - 8.7 - Open Space 16.8 - 46.6 63.4 - Commercial 16.0 - 40.5 - 56.5 - RESIDENTIAL Single Family or Low Density 16.2 33 35.3 71 51.5 104 Low & Medium Density 20.6 62 53.3 160 73.9 222 Medium Density 54.3 220 7.6 31 62.4 251 High Density 34.1 290 48.0 408 82.1 698 TOTALS 187.4 605 240.0 670 427.4 1,275 45" ::arch ly5v • • Page Two 5. Two (2) tot lots shall be provided by the developer for the preschoolers within the townhouse district. 6. A $2,000 landscape bond shall be required and not released until one year after the landscaping has been completed. 7. A detailed grading and erosion control plan shall be submitted and approved prior to final plat application. 8. All outstanding trunk area assessments shall be paid at the time of final plat application if trunk utilities are installed privately by the developer. 9. Sufficient drainage and utility easements shall be dedicated to incorporate the 890.0 elevation within Block 1. Additional drainage and utility easements should be dedicated over the common area of Lot 1, Block 3, Outlot A and Outlot B. 10. The trailway connection to the Heine First Addition shall be dedicated and installed at the time of development of this plat, as the responsibility of the developer. In addition, the request for setback variance due to topographic conditions in the subdivision was recommended for approval by the City. Krob moved, Gits seconded the motion, to approve 4he 10-foot variance for setback purposes to permit the City Building Inspector to allow variations in setback to conform with topography and tree cover. All voted in favor. MCDONALD'S RFSTAURA.VT VICOLS ROAD The public hearing regarding the application of McDonalds Corporation for conditional use permit to allow a Class 2 restaurant in the community shopping center area, conditional use permit for pylon sign located on proposed Lot 1, Block 1, Mari Acres, and for detailed site plan 'approval for a McDonald's restaur- ant, and variance for the 20,000 square foot minimum building requirement was next convened. There was discussion regarding the recommendation of the Planner to continue the application until Hillcrest Development submits the application for final plat approval for Mari Acres. Harrison moved, Turnham seconded the motion, to continue the public hearings for each of the applications mentioned above until the final plat application is submitted by Hillcrest Development. All voted yes. SAFARI AT EAGAN PRFLIMTNARY PLAT The Chairman next convened a public hearing regarding the application of Fortune Realty, Inc., for approval of the preliminary plat of Safari at Eagan consisting of 30 acres containing four lots and one outlot and an application for detailed site plan approval for the first phase of the community shopping center in accordance with the planned development for Blackhawk Park PD. Mr. Byron Watschke was present and explained the history of the Blackhawk Park PD. The original plat for the PD was devised in 1972 and the zoning for the 30 acre parcel for community shopping center use was approved at that time. Mr. Watschke reviewed the plan and indicated the proposed start for construction would be in 1980 with occupancy in 1981 for an 87,500 square foot shopping center with Red Owl market, `Snyder Drug Store, hardware store, and 37,800 square feet of additional retail for 21 smaller stores, In addition, there are three extra lots for free- standing buildings and the shopping center would include an enclosed mall. There were strong concerns by the Planning Commission Members about adequate unloading 46 March 1.5, 1950 • • Page Three area for trucks at the supermarket and for the smaller shops. The developer in- dicated that Mr. Greg Du'`tonceau, architect, was present on behalf of the developer. All loading for all shops will be from the rear or from the north side of the building according to the developer and owner and there were con- cerns by Planning Commission Members that there be no loading or unloading of trucks on the south side of the building. . Mr. Win Scott, president of the Woodgate Homeowner's Association and other residents from Woodgate were present and objected to the shopping center on the basis of its being an alleged uneconomic proposal at the present time. There were questions regarding berming and landscaping and the plan for landscaping was reviewed. The recommendation of the Park Committee is that there be a 50- foot trail as a condition of the approval of the preliminary plat along the west line of the plat connecting to other park land to the north and south. Mr. Watschke agreed to the dedication of the 50 feet as requested. After an extended discussion, Krob moved, Gits seconded the motion to recommend approval of the preliminary plat subject to the following conditions: 1. The parking lot and parking and loading areas in the rear shall have asphalt surfacing and concrete curbing around the perimeter of the parking area. 2. The plat shall be subject to the recommendations of the Dakota County Plat Commission. 3. All refuse should be stored within an enclosed building. 4. An adequate landscape bond shall be required and not released until one year after the landscaping has been completed with detailed landscape plan to be submitted and approved by the City. 5. The parking areas shall contain 10 by 20 foot stalls and a minimum of 24-foot driving isles. 6. An architectural design for the entire commercial area shall be ap- proved by the Eagan City Council. 7. The proposed street which is being platted shall be installed with the first phase of construction. 8. A minimum of 392 parking spaces shall be provided with the first phase of the shopping center. As the other lots are developed, additional parking will be providedas required by the City. 9. The City shall approve site plans for Lots 1, 2, and 4 at the time the lots are ready to be developed. 10. The owner will grant a 50-foot all purpose trailway easement on the west. boundary of the proposed plat for future trail connection from the N.S.P. Trail to the Dakota County Park. 11. That signing be provided at the rear for deliveries and no deliveries to be made at front or south side of mall building. 12. Developer shall provide a pond easement in the southwest corner of this proposed plat of sufficient size and elevation as approved by the City Engineer. 41 APC Kinut=: Marsh 23, 1980 Page Four 13. A revised grading and drainage plan shall be submitted and approved prior to application of final plat. This plan shall also incorporate effective erosion control measures approved by the City. 14. A revised site plan must be submitted and approved prior to final plat application. 15. Parcel pickup for the grocery store shall be located entirely on the east side of the building. 16. A 50-foot all purpose trailway easement shall be dedicated over the western portion of this plat. All voted in favor. Krob moved, Turnham seconded the motion, to approve the application for detailed site plan as submitted. All voted yes.- EAGANDALE INDUSTRIAL PARK NO. 1 LOTS 10-14, BLOCK 3 The next public hearing convened covered the application of Rauenhorst Corporation for waiver of plat for Lots 10-14, Block 3, Eagandale Center Industrial Park No. 1. It was noted that Lots 10 and 11 were being combined and that Lots 12, 13, and 14 would be split under the proposal. Michele Foster of Rauenhorst was present and reviewed some changes in the location of the buildings from that originally submitted to the City staf`. I.t was determined that a replat was not required because no utility easements were included along the lot lines of the former plat. After discussion, Gits moved, Krob seconded the motion, to recommend approval of the application subject to the following conditions: 1. All parking spaces shall have a dimension of 10 by 20 feet and all parking areas have an asphalt surface with concrete curbing around the perimeter of the parking area. 2. All easements shall be required as requested by the City staff. 3. An erosion control plan shall be submitted prior to the issuance of the building permit. 4. Drainage and utility easements shall be provided as required to incorpor- ate sanitary sewer and water main distribution system. 5. That the lots comply with all applicable City ordinances and final plan to be approved by City staff. All members voted yes. d BFNNETT LUMBER COMPANY CONDITIONAL USE. PERMITS The public hearing regarding the application of N. C. Bennett Lumber Company for a conditional use permit to allow outside storage within a limited industrial district, and for pylon sign for a proposed 20,000 square foot building known as Globemaster Building on Nicols Road was next convened. Mr. Runkle indicated that representatives of Bennett Lumber Company had requested 48 Agenda Information Memo October 31, 1980 Page Mine WIND GENERATOR PERMIT GRIEBEL C.` Paul Griebel for Wind Generator Permit The special permit consideration for `Mr. Griebel to allow him to construct a wind generator on his property described as 1636 Walnut Lane!!! has researched in further detail by the Building Inspector. According to the Uniform Building Code, there is no provision or regulation that would; require the City to request a building permit for a wind generator. As stated at the last City Council meeting, this matter is a policy question whether the City' Council wishes to become involved with regulating the location of wind generators and/or other detached energy producing units on private property. The.City staff was not certain how to treat this request and, there- fore, sugested a special ;permit. The Building Inspector is re- - searching the Plymouth case and there will be supplemental informa- tion available as a part of the administrative agenda,paeket on Monday, as well as any, additional information that might be of assistance in determining whether the City should; or 'should not regulate energy producing units on private property. ACTION' TO BE CONSIDERED ON THIS MATTER: To determine whether the City should procedurely be involved with consideration of permits for energy related units to be constructed on private property such as wind generators and, if so, approval or` denial 'would be in order for the wind generator permit as applied for by-! Mr. Paul Griebel. r FINAL PLAT CEDARVIEW ADDITION D. Final Plat Approval for Cedarview Addition Final plat con- sideration for Cedarview Addition was continued at the October 21, 1980 City Council meeting at the request of .the developer. The final plat for Cedarview Addition is in order for consideration and the developer will be present for any questions the City Council may have regarding this subdivision. A copy of the final= plat is enclosed on page 5-0 for your review. ACTION TO BE CONSIDERED ON THIS MATTER: To either approve or deny the final plat for Cedarview Addition. k ` •eyi}i i~i{~ ~ 3i .e I:tj ti i ti i Ij ; 3 f ! ' iGit.. iz -i'>1i - i{ 1 I { 't t1 i i;j;eil~i ~i jlll ~I. ! ~ 1 I' 1~ 7yl1 ,i I;li I ! t li,l i 1 ? 3 i yi , 3 Q D - - 1 i w 03 1 ma ~ 1 i ~ ,1` of 1' !9 qR - we "wr,,.~~•' ~ r w`': Dili i 'i ii V , 5~ r Agenda Information Memo October 31, 1980 Page Ten APPOINTMENTS TO SIGN COMMITTEE E. Appointments to Sign Committee The City Administrator has not contacted all of the eight persons to beconsidered for the Sign Committee as directed by the City Council to date. Hopefully, these contacts will have been made prior to Wednesday and con- sideration can be made by the City Council to make the appointments to the Sign Committee at that time. ACTION TO BE CONSIDERED ON THIS MATTER: To make appointments to the Sign Committee. AWARD BIDS r-'IMP. 80-7 F. Award Bids for Imp. 80-7 Imp. 80-7 consists of utility im- provements for the development of 'the Windcrest,,Windtree and Duck- wood Trail additions. At 3:00 p.m. on October 10, 1980, the City" received bids for Imp. 80-7. The low bid was submitted by C. Wayne Erickson, Inc._, in the amount of $229,875.20. The Director of Public Works and City Administrator have met with the Consulting Engineer and have reviewed the costs which were projected in the initial feasibility report° for the improvement of utilities in these three developments. The feasibility reports were initially prepared for the entire development; however, bids are being received for only phased utility construction. Therefore, it was necessary to `do considerable calculation to determine how the bids relate in direct respect to the initial feasibility report on a ratio basis. The calculation has been performed and it is the feeling of both the Director of Public Works and the City Adminis- trator that the low bid is less than the preliminary, cost estimate provided with the feasibility report. The low bid price is also lower than the engineer's' estimate which is performed on a per unit basis; after the plans and specifications are prepared. The engineerls~ estimate was $303,000, again, based on contract quani- tes. The preliminary plat reconsideration for Duckwood Trail was not placed' formally 'on the City Council agenda.. At the last City Council meeting, there was action taken to approve the annual review of the Duckwood Trails PUD-and also the preliminary' plat for Duckwood Trails-as revised. In order to reconsider this matter formally on a Council agenda, it would be necessary forithe City Council to make a motion for reconsideration or to rescind the action that was taken at the October 21, 1980 City Council' meeting. Information was provided by both the Director of Public 'Works and the City Planner in an effort to explain what has happened with this development and also what the developer is proposing to do. There are alsosome technical questions regarding soil conditions, use of the parking lot and so forth that the City staff, has now addressed. City staff is planning to make.a brief presentation Agenda; Information Memo October 31, 1980 Page Eleven regarding this agenda item to address various technical. concerns that the City Council ehas raised in reviewing the proposed develop- ment, plans. The ;developer will be present to answer `,questions that pertain to the Duckwood Trails plat. If there are, specific questions other than soil condition as it relates to moving the road, joint use of the parking lot, please feel free to contact the City Administrator and that information will be further reviewed for the presentation on Wednesday. FINAL FLAT FOR RIDGECLIFFE FOURTH AND FIFTH ADDITIONS G Final `Plat Approval for Ridgecliffe Fourth and Fifth-Additions Information' regarding the final plat approval for Ri,dgecliffe Fourth and Fifth Additions was presented to the City Council last week in a memorandum by the City Planner and Director'of Public Works. At the special City Council meeting held on October 28, 1980, representatives of U..S. Homes Corporation were asked to pre- pare a large colored map which showed; all the additions in the overall Ridgecliffe development. The Ridgecliffe development is located west of Johnny Cake Ridge Road and encompasses several additions. A smaller map showing all the additions was provided by U.S. Homes Corporation at the request of the City Administrator and is enclosed on page ._IL for your information. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or, deny the final plat for Ridgecliffe Fourth and Fifth Additions as' modified or as presented'. Agenda Information Memo October 31, 1980; Page Twelve ~l REZONING RIDGECLIFFE FOURTH ADDITION A. U.S. Homes Corporation 'for Rezoning Ridgecliffe Fourth Addition from R-1 to R-2, located on Lots 1-12, Ridgecliffe Fourth Addition A public hearing was held before the Advisory Planning Commission at their regular meeting held on October 28, 1980, to consider an application- submitted to the City requesting that ;Lots. 1-12 Ridgecliffe Fourth Addition, be rezoned from R-1, Residential Single District, to R-2, Residential Double District to conform to the revised preliminary plat. In action taken by the Advisory Planning Commission, the recommendation was made to approve the' rezoning as requested. For additional information on the matter, please refer to the City Planner's report, a copy of which is enclosed on pages ,S5 through AePC For additional information on the matter, please refer to tmin utes, a copy of which is enclosed on page s ACTION TO BE 'CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the APC to approve the rezoning of Ridgecliffe Fourth Addition. rA~ c? z N Lj~ A I to 9 ~ I acv iret Iz dL/ Fez M I y n M +r , rd. f \1 to I C}' N.4~ ~ ti M %cl I ~ N cv AG I G\ ♦ } 2 ~v 4~yA X66` I I N « N LAm E co U- #a6bb 9S9n v ~ C: p o cp N N - a~ -;s 01113c I CC } O' 4110 <99° S'9914 cr N V) a►. , p N ~t7 •p a G cal ~ N I N `\i _N N - Q lD ►n M n cT ( M M rn C N Kd 61 ~ 9 ~Qn M p 1; a 6F,v, Z '14('0 ro 9iso ` ~ r ~ .r GF9i., ,v _ - C} 4 S a9~ ° / 0 ~ s~v I O L I _ O N O I I - 1°"n° r ti' C IT C 7n N p I U- w U- v U- rn \ U N fit, 4 d' ~ Cn 'v c N u O O v Q n R o E - •a Y a, I 2 E CL O n U to 3nN3AV 31wive a3SOdONd ~i ¢468 S04 //bdK i 4 it Se6b a 89L© f V N 0 N M w N - M op'd 0, .9p,4 Pam„ zSiLb~q e9z it - / 66 N 44684 V GELD 60/.9 0146 6161+ OW4 L'e,6d po- E~? d s4k6so u~ ,.H::: • 313H13 39nVH 4046'1& e67 93 46M /NL 4WF flNK v2Lb# 0q 46 d 6 M /bb0 LDbD,o > -q'e'* "Z; 4 •.r' Kd677 046a . _ d q- -N :CD 003. 6 ~0116 dDlldro O ~ ~d676a6~ a9~ i 1/661,/~ba 6NL6 riled 467? 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S. HOTES CORPORATION, ORRIN THOMPSON LOCATION: LOTS 1-12, RIDGECLIFFE 4TH ADDITION EXISTING ZONING: R-1 (Residential Single District) DATE OF PUBLIC HEARING: OCTOBER 28, 1980 DATE OF REPORT : OCTOBER 22, 1980 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED An application has been submitted requesting Lots 1-12, Ridgecliffe 4th Addition, be rezoned from R-1, Residential Single District to R-2, Residential Double District .to conform to the revised preliminary plat. C0111ENTS In April, U. S. Homes Corporation submitted a preliminary plat, Ridgecliffe Addition, which consisted of 159 single family homes, 216 quadraminium units, and 10 duplex units. In August, 1980, U. S. Homes submitted another application to revise the Ridgecliffe 4th and 5th Additions. The original plat for the 4th and 5th Addition consisted of 136. The revised preliminary plat for Ridgecliffe 4th and 5th consisted of 120 quadraminium units and 12 duplex units for an overall net reduction of 11 dwelling units. The revised preliminary plat was approved by the Eagan City Council on September 16, 1980, with certain conditions. The one condition that is pertinent to this aTrlication is that the Council requested that the zoning be changed to con- form to the revised plat. Therefore, Orrin Thompson at this time is making applica- tion to rezone Lots 1-12, Ridgecliffe 4th Addition from R-1 (Residential Single Dis- trict) to R-2 (Residential Double District). This will then complete the condition to make the zoning conform to the revised preliminary plat. S5" - - - N 10 O 4 p W - X38 Z F a J _ H •lr ' p.3L F~~.. WWII" (y. ~.y P3 m i O = N BT 1 f z rff~ J~ W jo no 6 . : : # t. i VL J r P 1 Gr f / i / PD r a r N 0 SATES. R::W: - UTILITY - r- - c. - i ~i - , I I'fll ~'lli I III I' , t I ~ . I, 1 II ' ©D } Q' CJR (I~ + ~ + fl 111 ~ I'~ '~4 ~ I- ---T--~ - r - Q9 32 t: I H. u u 0 r 1•~. I ~ .JrJF-i~~.T.1~~5~fVf~ J~,~~7,~,.jJ,~+ ~,~~•f~ r•• ~Q• ~ rte. r~~~~)•.),:J~~f~I f). ~}~I.J ~~--)~J•-. 1 j'~~)~'v.2 ~),~.%•d 4.f~}j.J ~ ,/:~iJ ~•-.J. (1 ~ ' J ' ~ ,j 1~ + ~y • ~ y,}~,1. ~ .J~,:J . J~ i ~ ~ ~i J~.i : i'.•,' • J; ~~l>~ , ~ ~ ..i ~J.. Q f ~:,J ~ '.,'-(:vJ j} J; ~J J ~Y~..+,.J'J) /I{ r • 1~~ JJ _J e ~ ; j ~ ► ~ ~ - ~ a f, l,.i I ~~J7 ~~~:~~i..w!•:~ l'JJ- JS LJ ~,~•y J'. J, ~~r`j•~/~ 0 .~..,~,i)..:.~1~ 1'~~.. ~~J)+ ~ w l:fJ.•~` .~l~2~+~)~ d, ~ Yt.,•t..J"'?.r ~ ~1 ~ xJJ ••iJJ ~ ~.1 t.J ~;3 ~ J 1 ,~i /~J~. ~J ;.Y-...J.11 •1'~•.,I.11) ~S~[i i.)-j.~'` 1 ~ V " yJ~ ~ 1,~ 2:.~ , 1)'.~.l.~i ,J.'J T ~ •J '7\ ,I ~ . 1 ~ .J r r~ J.12 j. J•-:/ i _ ~ _r!~ ~ }Jt ~1i,%' r- •r/}i__J`. • ~•:i ~}~.J'.JJ ~ ,;),r!i~~,,,1 ,.tiJ .3•-.ice' : f r ,,wj ~S x~ $Y.~j :r. - r~ ; FY APC MINUTES October 28, 1980 Page Two RIDGECLIFFE 4TH ADDITION REZONING The Chairman convened the public hearing regarding the application of U.S. Homes Corporation to rezone Ridgecliffe 4th Addition from R-1, Residential Single, to R-2, Residential Double, located on Lots 1-12, Ridgecliffe 4th Addition. It was noted that the rezoning was a formality and that it was requested by the City that the rezoning take place. Mr. Orrin Thompson, Mr. Bob Carlson, and Mr. Chuck Winden appeared for the applicant. Gits moved, Hall seconded a motion to recommend approval of the appli- cation for rezoning from R-1 to R-2. All voted yes. r P Agenda Information Memo October 31, 1980 Page Thirteen ALAN RODGERS VARIANCE FOR LOT COVERAGE B. Alan Rodgers for a Variance to Exceed the Lot Coverage for the R-1, located at 2058 Opal Drive A public hearing was-,held before the Advisory Planning Commission to consider an application submitted by Alan E. Rodgers for a variance to exceed lot coverage for the purpose of constructing a new addition to an existing garage. The APC is recommending approval to the City Council. For additional information on the matter, please refer to the report pre aced by the Planning Assistant, found on pages through For additional information regarding the act on ttaken by t e PC, please refer to those minutes, a copy can be found on page ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the APC to approve the variance for Alan Rodgers., S9 CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: ALAN E. RODGERS LOCATION: 2068 OPAL DRIVE, SECTION 19 EXISTING ZONING: R-1, (residential single district) DATE OF PUBLIC HEARING: SEPTEMBER 23, 1980 DATE OF REPORT SEPTEMBER 18, 1980 REPORTED BY: KURTIS G. ULRICH, PLANNING ASSISTANT APPLICATION SUBMITTED An application has been submitted for a variance to exceed lot coverage. COIMNTS 1. Ordinance 52 requires that residential lot coveraps shall not exceed 20%. The proposed structure would have a lot coverage of approximately 25%. 2. The use of the proposed structure shall be limited to the uses permitted in a residential single district under Ordinance 52.07, Subdivision 4. 3. In granting the variance, all other ordinance regulations shall be complied with by the applicant. 4. The variance would not encroach upon any existing easements. 5. No hardships exist relating to the terrain of the site or to trees located on the lot. 6~ "4 y U ! i I D i ~ ~ ;.lzn Ood-e:s* 2 ~ C ^al ter. -a_;,, "in-.. 55122 -,t i 2^7> ^ zl Dr. 4155 7o -)a-- Dr. tea. n, "in.:• 55122 2057 -Iara~_t Tan? 21V75 c; al 7r. ' mar. _rotF ` Denis Lasl ass 2071 ^.,al -)r. 2060 --merald Lane t '?o nald 3ohlcn 2056 ,:Herald Lane 2Cc7 Ci,al -Jr. ✓A1_a : _ c_uez 20C1 C _)al Dr. t Donal i '•'at `eson 2057 0-oal Dr. - L'''',e~ter ~~~cr • J L. 20 J0 ;al r . VJd,:a: :.ru--e 2076 Inal 7. . 'Jim Jac::son 2072 C•-pal or. -/Donald -Ioe 20c2 0-~al Dr. t,":e=it Clson 2053) Cnal Dr. 3,:~r_iard Vai 1_ancourt _ 41c1 -ooaz Dr. r% Robert guall-~y - - - - 2,079 ,arnet Lane -/Jeff Cotter _ 2071 Garnet Lane ✓S:.irley 'urnq-_zist 2067 G.arn,. t Lane 2C"I Garnet Lane Y^eor~e ..~-el 2053 ,arnet Lane Steven `ollins 2074 Emerald Lane ``7en eth ?obertson 2070 herald Lane 2C6' ..~ral_t Lase 62 r _ h s Tit ~ r~1 i ~ ~ . - - '•r `fit r.) • , ' ~ir~~ Q44 :f Tr.it ~ •rs _ tU.J'~ i S { 3 2 7 'A i lp ;L 40 3 ?lie. I f.1a •t - r / A K / / IE f: 8~EY7L - - R2 :f..: IN 1 +4 I, I DA" Ir. MLU !~fl~~Iii t KL A REEK n 4 Its S} ' ' ' I I',~ •.4 ,l III. .7 I.~ ~ •.~i '~arr~~ L' 44 ~i - .r ! :4+• , V -3 :r I..... r. + - Npe N1RN / MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA OCTOBER 28, 1980 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, October 28, 1980, at the Eagan City Hall at 7:00 p.m. Present were Chairman Harrison, Members Hall, Krob, Gits, Bohne, and Turnham. Absent was Wilkins and it was noted that John Roszak had resigned from the Planning Commission due to the fact that he is moving to Mendota Heights. Also present were City Planner Runkle, Public Works Director Colbert and City Attorney Hauge. AGENDA The Chairman added the appointment of a temporary secretary to the agenda as distributed. MINUTES 1. September 23, 1980 meeting. Upon motion of Hall, seconded Gits, the minutes of September 23, 1980 meeting were approved as prepared. All voted yes. 2. September 10, 1980 Joint Meeting. Krob moved, Bohne seconded the motion to approve the minutes as distributed. All voted yea. ALAN F. ROGERS VARIANCE The continued public hearing regarding the application of Alan E. Rogers for variance to exceed lot coverage for an R-1 district at 2068 Opal Drive was next con- vened by Chairman Harrison. A report from Dale Runkle, the City Planner, was reviewed covering all variances granted by the City since February, 1975, and it was noted that 15 involved variances covering setbacks from residential property but none involved residential lot coverage variance for platted single family lots. Four covered variances for lot coverage on unplatted residential property. Mr. Rogers was present and indicated that there were no new hardship claims except to house the personal property. Mr. Krob recommended the applicant be allowed to build up to 207 coverage according to the ordinance. Krob then moved, Gits seconded a motion to recommend denial of the application on the basis that there is no precedent for the variance, there's no apparent hardship involved other than a request to house personal property and it violates ordinance provisions; further, that the applicant be allowed to build a garage on his property up to the 20% lot coverage provision under R-1 zoning. All voted in favor. HARLAN SKOKLUND VARIANCES 4363 DIAMOND DRIVF. The application of Harlan Skoglund, 4363 Diamond Drive, for a three-foot set- back variance and also variance to exceed lot coverage had been continued from the September meeting. Mr. Skoglund was present and indicated the purpose of the lot coverage variance was to work on cars and to get his cars off the street. After dis- cussion, noting action on the Rogers application, Hall recommended approval of the variance for the side yard setback of three feet but that the variance for lot coverage in excess of 20% be recommended for denial. Krob seconded the motion; all voted in favor. Agenda Information Memo October 31, 1980 Page Fourteen HARLAN SKOGLUND VARIANCE FOR SETBACK & LOT COVERAGE C. Harlan Skoglund for Variance for Setback and Lot Coverage Two (2) applications were considered by the. APC as applied for by Mr. Harlan, Skoglund. The first application submitted was for a three foot side setback variance, the second application for a lot coverage variance. The variance requested was to allow for a garage addition to an existing structure. The APC is recommending approval of both variances to the City Council. For additional information on the matter lease refer to the Planning Intern's report, found on pages through 71 For action taken by the APC, refer to those minutes, found on page Z, ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the APC to approve the above two applications. i CITY OF EAGAN SUBJECT: TWO (2) VARIANCES APPLICANT: MR. HARLAN SKOGLUND LOCATION : 4363 DIAMOND DRIVE EXISTING ZONING: R-1 (RESIDENTIAL SINGLE) DATE OF PUBLIC HEARING: SEPTL*:1BER 23, 1980. DATE OF REPORT : SEPTEMBER 18, 1980 REPORTED BY: KURTIS G. ULRICH, PLANNING ASSISTANT APPLICATION SUBMITTED 1. An application has been submitted for a 3-foot side setback variance. 2. An application has also been submitted-for a variance to exceed lot coverage. COMlENTS 1. The structure on the adjoining lot conforms to normal 5-Foot side setback requirements and the applicant is within a residential single district. 2. The 3-foot side setback variance would not encroach upon any existing ease- ments. 3. The proposed structure would exceed the ordinance lot coverage maximum of 20% with a'proposed lot coverage of 24%. 4. In granting a variance, all other ordinance requirements shall be met 6-7 TI a~ LLI 1 3 . R 2 r d Q 1~ ! 1..1 Z ?t W ~ 0 z W A a~ ~ W OL cc i 6~s • 1 A, A) In, C- Al Al Si1 Z ~r r `fit il. C lq3 41 5-7 AC-n-L r 4134. al i 67 .1 ..:'raj t C C - R D, 21 10 ;LLi 25 ~ 'r., • ' S ICS ; . ~~r~ , ~t ~ _ y ~ .'al . A 't- _.J 1 _ Ate- O L / y~~.i~ \ s ~ (,1. r ,~•;~o • • t , ~ ! I ' r'~ ~F~°P C~~ 9 _ Z3' f ate.."/' ~~i:. ~ l~•~+''„ x i~ ~ - ~ I 1 u 75 '.JCS 1' ~ • `17 c r" y I LiJ I \ l n t 211 r, % » ~l• - Ali-~~ 4`~j ~x` 2$;.r r ►ii./ I .r t. r. ! .20 III 35 ~ ~jfl i' •.Sy~s I [4, 19 jE,l 19 IY . N. 31 38 17 39 Ll 4j .fir' .r•=~~r~-+f.4►.~~~~~ - ` ! C. L L 15 ! IG 13 12 10 1 9 I E ? 5 4 2,n Alt "'i I 1 ~v I f I 1 ~r i ! 14 t F E i1 F~ UyJ E~ - VJA 1 T v r . . V. L &Z 10- h J I E J` TIT FtE l~ji' Dill `t /~~~~IIIIi, ~ i'~'I lilt 1 •'a ' ~a.:J 1.1~4N l Y.•~ _ . Eq 1-1 A. J , - : f. 7. OF 6 . . 4, l ;Q .I: MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA OCTOBER 28, 1980 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, October 28, 1980, at the Eagan City Hall at 7:00 p.m. Present were Chairman Harrison, Members Hall, Krob, Gits, Bohne, and Turnham. Absent was Wilkins and it was noted that John Roszak had resigned from the Planning Commission due to the fact that he is moving to Mendota Heights. Also present were City Planner Runkle, Public Works Director Colbert and City Attorney Hauge. AGENDA The Chairman added the appointment of a temporary secretary to the agenda as distributed. MINUTES 1. September 23, 1980 meeting. Upon motion of Hall, seconded Gits, the minutes of September 23, 1980 meeting were approved as prepared. All voted yes. 2. September 10, 1980 Joint Meeting. Krob moved, Bohne seconded the motion to approve the minutes as distributed. All voted yea. ALAN F. ROGERS VARIANCE. The continued public hearing regarding the application of Alan E. Rogers for variance to exceed lot coverage for an R-l district at 2068 Opal Drive was next con- vened by Chairman Harrison. A report from Dale Runkle, the City Planner, was reviewed covering all variances granted by the City since February, 1975, and it was noted that 15 involved variances covering setbacks from residential property but none involved residential lot coverage variance for platted single family lots. Four covered variances for lot coverage on unplatted residential property. Mr. Rogers was present and indicated that.there were no new hardship claims except to house the personal property. Mr. Krob recommended the applicant be allowed to build up to 207 coverage according to the ordinance. Krob then moved, Gits seconded a motion to recommend denial of the application on the basis that there is no precedent for the variance, there's no apparent hardship involved other than a request to house personal property and it violates ordinance provisions; further, that the applicant be allowed to build a garage on his property up to the 20% lot coverage provision under R-1 zoning. All voted in favor. HARLAN SKOKLUND VARIANCES 4363 DIAMOND DRIVE The application of Harlan Skoglund, 4363 Diamond Drive, for a three-foot set- back variance and also variance to exceed lot coverage had been continued from the September meeting. Mr. Skoglund was present and indicated the purpose of the lot coverage variance was to work on cars and to get his cars off the street. After dis- cussion, noting action on the Rogers application, Hall recommended approval of the variance for the side yard setback of three feet but that the variance for lot coverage in excess of 207 be recommended for denial. Krob seconded the motion; all voted in favor. -7j2 Agenda Information Memo October 31, 1980 Page Fifteen FINAL RESOLUTION CARSON PIRIE SCOTT D. Final Resolution for Industrial Revenue F.nancing.for Carson Pirie Scott & Company At the last regular meeting of the City Council, held onOctober 21, 1980, a letter regarding some questions which were raised in regards to the inducement resolution and policy statement for industrial revenue bond financing for Carson` Pirie Scott and Company as submitted by their legal counsel, Mr. Bill Taylor of the Chapman and Cutler law firm was considered. The City Administrator was directed to request a response from Miller & Schroeder Municipals, Inc., regarding all four (4) questions AA copy of Mr.' Taylor's letter and the response from Miller & Schroeder are enclosed on pages- through "7 The City Administrator has asked that Carson ire Scott provi a nformation regarding the depreciation schedule for furniture and fixtures as well as a full explanation for the $235,000. This information has not been received but it is anticipated that the information will be available on Monday for distribution_as a pant of the,agenda $ information packet. If there is any additional information re- quested by, the finance Committee or City Council, please feel free to contact the City Administrator's office prior to the meeting on Wednesday. ACTION TO BE CONSIDERED ON THIS MATTER: To' either approve or deny. the final resolution per 'conditi'ons as outlined in the aforemen- tioned letters. 7 V 0 LAW OFFICES OF • THEODORE S. CHAPMAN (1877-1943) HENRY E CUTLER !1879-1959) CHAPMAN AND CUTLER RAR CHARD FISHERLJR. MICHAEL J. O*ROURKE WENDY C.BI NDER ELAINE BAYUS PAUL W. CUTLER HOWARO H.HUSH,JR. 111 WEST MON ROE STREET • CHICAGO 60603 MARK J. KNEEDY AMORY CUMMINGS RO BERT S. BURROWS LARRY ELKINS AREA 312 7266130 WX 910.221-2103 STEPHEN F. STROH MIC H AELJ.FEEHAN P, " V. FAZIO ROBERT V. LEWIS T 2 ~01 JAMES E. SPI OTT0 BARBRA GOERING J N. VANDER VRIES DAVID G. WILLIAMS~ RAYMOND A. FYLSTRA SUSAN E.ROLLINS JC. A.CUTLER DAN I ELJ.KUCERA 9 LYNN LELAND COE DANIEL P. COONEY BRUCE L. MO ORE RICHARD H. GOSS RICHARD A. WI LFONG MARTHA MAHAN H41NES DEY W. WATTS C.ROBERT FO LTZ •,}f~ .s+,~ l TIMOTHY V. McGREE RANDY P. EVANGELIDES JOHN A. MORRIS JOHN M. DI XON TERENCE T. O'M EARA TONY R. STEM BERGER FRANK EY KENNETH R. M. TH OM PSON Oc~` ~ © RICHARD P. DAVIIST GPETER G. GALLANIS KEEHN LA MNUDIMS JOHN A. WARD EORGE 0, BUZARD MANLY W. . MUM FORD MICHAEL W. FORD ANN ACKER NANCY J. CLAWSON CHARLES D. BOUTWELL ERIC F. FESS WILFRED A.MOLOERMAKER VOYLE C.WILSON Q JAMES E. LUEBCHOW GARY L. GREEN WILLIAM C.W ELCH RICHARD A. MAKARSKI x"(40 ROBERT W. SHARP EDWIN S. BROWN ROBERT W. OLLI S.JR, CHARLES L. JARIK - TIMOTHY E. PICKRELL FOREST R. LOMBAER, JR. GEORGE 0. RA SPECK STEVEN L.CL K N. ZARTM N HARRY P. LA LAMB ERSO.N PAUL C-MARENGO DEBORAH G. PAGE PETER P. COLADARCI JAMES N. Z JAMES E.JEN2 MARK RICHARD FORWARD TERRENCE M. WALSH STEPHPE.N CO H. PEUNGH , JR. KBERNENNTETWH W. T G. GOLDIN VINCENT M. AOUILINO WARREN J. BR ES LIN JOHN B. HULK PAUL C. KOSIN RICHARD G. SMOLEV PATRICIA M. CURTNER DAVIC TALLANT. JR RONALD E. ROKOSZ NEIL R. MANN ANDREA G. BACON DAVID H. NELSON ROBERT C. NASH DANIEL L.JOHNSON JEFFREY A.BURGER DONALD H. MURPHY JAMES R, RICHAR DSON Q MICHAEL P. BARRET ETT SUE A. PADG ETT PHILLIP H. HOLM EARL T. BRRWN October 17, 19H0 SCOTT A. BREMER ANTHONY J. CERAVOLO HERBERT H.HANSEN THOMAS A.WINGADER CHARLES W. NAUTS RICHARD J. FOGLIA THOMAS W. HEENAN STEVEN N. WO HL LEE A. BDYE TERRY A. MCI LROY ROBERT N D. E Al H. C H HER DE BRA S K. SPIK ER M~DONALD KENNETH J.VAUGHAN GEORGE P. SU LLIVAN,JR, SAMUEL J. HENRY JOHN L.TUGHY RICHARD R.PER LM AN HAROLD C. S . ii,RER WILLIAM M. TAYLOR CHARLES S.H .UGHES RICHARD LOE REM ER FREDERICK K V V. LOCH BIHLER JOEL R. LEVIN RICHARD A. CO SG ROVE SHEILA E. SCHLITT ER MICHAEL G. MCGEE RICHARD A. WOHLLEBER Thomas L. Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Re: Carson Pirie Scott & Company Dear Mr. Hedges: In accordance with our telephone conversation on Thursday, October 16, set forth below are certain questions of policy for discussion with the City Council at their meeting on Tuesday, October 21, in connection with preparation of documents for the financing of the warehouse facility, site improvements and equipment therefore (the "Project") for Carson Pirie Scott & Company with respect to which the City Council adopted on May 2, 1979 a resolution (the "Inducement Resolution") evidencing preliminary approval of the financing of the Project through the issuance of Industrial Development Revenue Bonds by the City. We have also received the Policy Statement approved by the City Council'in December of 1979. Our review of the Inducement Resolution and the Policy Statement creates the following questions: (1) Will the City Council act favorably on issuance of the bonds in view of paragraph I.e. of the Policy Statement which provides for bonds to be issued within 15 months after adoption of the preliminary resolution? More than 15 months has expired since adoption of the Inducement Resolution with respect to the Project. However, it would • CHAPMAN AND CUTLER Page 2 Carson Pirie Scott & Company October 17, 1980 appear that the reasons for the 15 month provision should not prohibit the proposed financing since (a) the policy was adopted after the Inducement Resolution was adopted (and without the C npany's knowledge) and (b) you have advised the 17 month limitation was adopted for the purpose of weeding out the financing of speculative projects. (2) The Inducement Resolution makes reference to the issuance by the City of up to approximately $2,500,000 Industrial Development Revenue Bonds Charles T. Reice, Treasurer of the Company, has advised that actual project costs are as follows: Description Cost Land and Building $2,771,116 Furniture & Fixtures 452,214 Less Cost of Site (487,515) TOTAL $2,735,815 Based on the foregoing, does the policy of the City prohibit the issuance of bonds in an amount equal to actual project costs plus costs of the financing? These would aggregate approximately $2,750,000. (3) By reason of extreme adverse market conditions, the Company has negotiated a short term tax exempt financing arrangement with a commercial bank. At such time within the next three years as market conditions improve, the short term obli- gations would then be refinanced into longer term Industrial Building Bonds. You have advised that the City has not previously considered a transaction such as this where short term tax exempt bonds are authorized and then are refinanced into longer term bonds. The result is that the Company will make two appearances before the City Council for bond resolutions. Will the City Council accept such a financing package? 75~ CHAPMAN AND CUTLER Page 3 Carson Pirie Scott & Company October 17, 1980 (4) The short term financing agreement has been negotiated on the basis that there will be no Trustee. The security for the short term bonds, being the Promisory Note of the Company, would be assigned by the City directly to and held by the commercial bank as purchaser of the bonds. You have advised the City has not yet authorized Industrial Development Bonds without a Trustee. Will the City Council consider authorizing Industrial Develop- ment Revenue Bonds without designation of a Trustee? (5) The Inducement Resolution examined by us does not indicate whether a public hearing has been held. Would you please advise if the hearing was held. Thank you for your attention. I will be calling you on Wednesday for information regarding the Council's reaction to the foregoing questions. If you have any questions prior to the Tuesday meeting, do not hesitateto give me a call. Very truly yours, By +~J:a.l•.»~ William M. Taylor WMT:pmp cc: Charles T. Reice Joseph S. Ehrman Paul H. Hauge i i BRANCH OFFICES: Solana Beach, California 92075 505 Lomas Santa Fe Drive, Suite 200 (714) 481-5894 Northbrook, Illinois 60062 899 Skokie Blvd., Suite 540 (312) 564-4010 Miller & Schroeder Municipals, Inc. 170 NORTHWESTERN FINANCIAL' CENTER, 7900 XERXES AVE. SOUTH, MINNEAPOLIS, MINNESOTA 55431 Member of the Securities Investor Protection Corporation TOLL FREE MINNESOTA 800-662-6002 TEL. 612-831-1500 TOLL FREE OTHER STATES 800-328-6122 October 30, 1980 City of Eagan, Minnesota 3795 Pilot Knob Road Eagan, Minnesota 55122 .Attn: Mr. Thomas L. Hedges Administrator Gentlemen: RE: Carson Pirie Scott & Company Industrial Revenue Mortgage Request This letter is written in response to the letter written by Mr. William M. Taylor, Chapman and Cutler, as attorney for Carson Pirie Scott. This letter is written in our capacity as financial consultant to the City of Eagan. Our responses are numbered to respond to the questions as numbered in Mr. Taylor's letter of October 17, 1980, which we have enclosed a copy of for reference purposes. 1. We believe the fifteen month requirement for project is a reasonable method for the City to monitor the progress of each project. How- ever, this type of policy can be waived on a project by project basis without jeopardizing the City's position. Since this project is proceeding to completion, we recommend a waiver of the fifteen month requirement. 2. In order for the City to issue $2,750,000, it would be necessary to hold a public hearing and they would need to pass an amended pre- liminary resolution. Also, the application requirements of the City and the publication requirements of the Chapter 474, Minnesota Statutes, would have to be satisfied. The City cannot give any indication of approval prior to the public hearing and the decision to proceed with this process belongs to Carson Pirie Scott and Company. 7-7 City of Eagan, Minnesota October 30, 1980 Page 2 3. The use of short term financing with long term financing arranged and executed at a later date is allowed and has been utilized in Minnesota. Generally, the terms and conditions of the long term takeout are known at the time of issuance of the short term debt by the City. In a situation where the City would execute short term financing for a Company, without a long term takeout, the financial conditions must be carefully reviewed in order to deter- mine the Company's ability to pay off the short term financing in the event no long term financing is available. Also, the City, in its final resolution for a project, authorizes the issuance of the tax exempt debt and the various terms and conditions of the financ- ing, including interest rates. The City would not be able to pass a resolution now for the long term financing since the terms and conditions are unknown. It would be difficult for the present Council to respond to the Company's request for advance approval of the issuance of long term financing since said financing approval would be subject to then existing laws and the will of the future council. We believe it is appropriate to provide for the long term financing in the legal documents, subject to a review of the current financial conditions of Carson Pirie Scott & Company. 4. The law does not require that a Trustee is required for industrial revenue bond transactions. We believe that the City can proceed without a Trustee as long as the promissory note contains the usual and customary language that indemnifies the City for all costs and potential future liabilities. It is also appropriate for the bank/ purchaser to execute an investment letter with the City. An invest- ment letter can be drafted by Mr. Taylor, Chapman and Cutler. Should you require any additional information regarding the foregoing, please do not hesitate to contact us. Very truly yours, W `yam/• William M. Goblirsch Vice President WMG:lam Enclosure O Agenda Information Memo October 31, 1980, Page Sixteen E.A.W. FOR UNIVAC EXPANSION E. E.A.W. for Univac Expansion Sperry Univac has completed the environmental assessment worksheet and, after review by the City Planner, the E.A.W. is in order for consideration by the City Council. The City. Planner has raised some questions and concerns after reviewing the E.A.W. which are listed in theattached memo found on page The staff is recommending at this time that a negative dec aration be determined by the City Council and that no environmental impact statement be required on the project. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the E.A.W. worksheet and recommend to the Environmental Quality Board that a negative declaration be determined and that anegative decla- ration be determined and that no EIS statement be required for the Univac expansion program. J • • TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, CITY PLANNER DATE: OCTOBER 31, 1980 RE: ENVIRONMENTAL ASSESSMENT WORKSHEET FOR SPERRY-UNIVAC Sperry Univac has submitted an Environmental Assessment Worksheet for staff to process. The reason the worksheet was submitted is the proposed project and the expansion exceed the minimum square footage requirement that an environmental assessment worksheet be completed. Sperry-Univac has completed an environmental assessment worksheet on the total project for their total expansion. Therefore, this will be the only environmental assessment work- sheet that will need to be done for the entire site. Staff met to review the environmental assessment worksheet and the concerns are listed below: The only major concern the City staff had is on the overall site plan, the worksheet stated there would be between 7,000 and 10,000 people.Along with the 7,000 to 10,000 people, the proposed Univac site would generate approx- imately 22,000 vehicle trips per day. Staff has sent Dakota County a copy of the environmental assessment worksheet to get their comments on this over- all traffic generation. Other concerns that staff had relate to the project and not the environmental assessment worksheet. Staff would like to see that a trail connection be provided inside of the berm proposed by Sperry-Univac to Pilot Knob Park. This would allow internal circulation for the people within the neighborhood. The second item the staff would like to see is a detailed site plan for Jurdy Road and how it will line up with the accesses proposed by Univac. The next item staff would like to see is that the property be platted to in- sure that adequate right-of-way is dedicated for Pilot Knob Road and Yankee Doodle Road. The items that I have just mentioned are not affected by the environmental assessment worksheet but should be tied down with the first phase of con- struction when the building permit is granted. Therefore, staff at this time is suggesting that a negative declaration be determined and no environmental impact statement is needed on the project, because the project is not a major action and/or does not have the potential for significant environmental affects and/or for private action only, the project is not of more than local signifi- cance. Y ti Agenda Information Memo October 31, '1980 Page Seventeen STORM SEWER OUTLET - O'LEARY LAKE A. Petition for Storm Sewer Outlet for O'Leary Lake in the Duck- wood Estates Area The City has received a request from two resi- dents in the Duckwood Estates plat, requesting the City to initiate a project providing for the control of storm sewer outlet of O'Leary Lake in conformance with the overall master storm sewer plan. The Department of Natural Resources has established the normal high water elevation (NOHW) at 884.1. On October 6, 1980, the elevation of O'Leary (DP-8) was determined to 883.49. While this information indicates the lake level is not yet at the proposed NOHW as defined by the DNR, on February 7, 1980, it is approximately 0.5 feet above the anticipated controlled outlet elevation for this lake when it is ultimately constructed. With anticipated, additional development in the Duckwood Estates area, with the Duck- wood Trail plat that is under construction, it is anticipated that this elevation.will continue to rise until such time as a controlled storm sewer outlet is provided. Enclosed on pages I-L through ' is ,z copy of the petition 'submitted by two property owners n uckwbod.Estates for your information. ACT10N TO BE CONSIDERED ON THIS- MATTER: To receive the petition and order preparation of a feasibility report, #322 (O'Leary Lake :r Storm Sewer Outlet.). R October 13, 1980 The Honorable Bea Blomquist City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Re: Storm Sewer Outlet for O'Leary Lake in the Duckwood Estates Area Dear Ms. Blomquist: As development of the tributary watershed to O'Leary Lake is increasing rapidly, we as homeowner's adjacent to the lake are becoming increasingly concerned about potential damage to not only our property but the entire area around this lake. Presently the storm sewer outlet proposed in the City's Stormwater Management Plan has not been constructed. Therefore, a normal level for the Lake cannot be established. This level will vary with every rainfall and snowmelt condition. The lake level has progressively increased in elevation for the last two years. Our concern is that without a storm sewer outlet and with the increased development of the tributary watershed, the normal level will continue to rise and kill valuable upland vegetation around the lake. Based on a publication prepared by the Agricultural Exten- sion Service of the University of Minnesota entitled "Shade Tree Evaluation" and present; and costs, we conservatively estimate the potential property devaluation for our properties to be in excess of $20,000. This publication has become an accepted tool for shade tree evaluation throughout the upper midwest. It is our understanding that a revised publication will soon be out in which figures used to determine tree values will be increased by approxi- mately 25 percent and, therefore, our potential property loss would also reflect this 25 percent increase. When the City originally approved the Duckwood Estate plat and the St. Francis Woods plat, one of the main concerns of the Council at that time was to save as much of the existing vegetation in these two plats as possible. By not providing an outlet, the City in effect will be contradicting itself because the lake level will surely rise and kill mucb of the vegetation for which the City had expressed concern. An example to an area where there is presently a sizeable tree kill due to high water levels is in a ponding area located south of Duckwood Drive and east of Widgeon Way, approximately 2 blocks from O'Leary Lake. We naturally do not want this to occur on our lake. Shade tree loss is not our only concern. Portions of both of our houses have been constructed below the natural outlet of the lake. Therefore, it is conceivable that considerable damage due to flooding of our homes could occur if an outlet is not provided. $2 The Honorable Bea Blomquist Page 2 October 13, 1980 We are aware that funding for a project of this type will be reflected in increased taxes from the City of Eagan. However, we also realize the construction cost will never be cheaper than it would be if the project was constructed today. As riparian landowners, we would appreciate being allowed to help deter- mine the elevation at which the outlet would be constructed. One foot one way or the other may not be important for the Cities development of stormwater storage, but it could be significant for our concerns. Thank you for your time in reviewing this matter. We would deeply appreciate action by the City in solving this potential problem before it occurs. Sincerely, S. Steven M. ein 3538 Widgeon Way Mr. & Mrs. Bruce Reikowski 3542 Widgeon Way c: Mr. Thomas Colbert, City Engineer, City of Eagan Mr. Thomas Hedges, City Administrator, City of Eagan O Agenda Information Memo October 31,,1980 Page Eighteen DAKOTA COUNTY CENTRAL LIBRARY B. Design for Dakota County Central Library The City Administra- tor has met on several occasions with Mr. Rod McDonald and Mr. Richard Brooks, Administrator and Assistant Administrator, respectively, of the Dakota County Library System. The City Administrator requested' that Mr. McDonald present the. schematic design of the Dakota County Library facility to be located in Eagan to the City Council as soon as the documents were prepared. These documents have been prepared and, therefore, an informal session to consider the design for the Dakota County Central Library ~is scheduled for the meeting on Wednesday. -Mr. McDonald s planning to be present to present some drawings and discuss the overall concept for the proposed Dakota County -.Library facility. This informational report is consistent with the agreement as approved by the. City of Eagan and the Dakota County Board of Commissioners. One (1). schematic design-booklet was received entitled, "Schematic Design Dakota County Central Library", and certain pages were selected by the`Cit Administrator for City Council review. Please refer to pages $S through for your information. The' other pages in the boo-Tc.t discuss t e construction outline, speaking of materials and so forth, which is not that pertinent at this time. There is no action to be taken on the matter; however, it would be proper to ask questions and prdvide any, input that would be consistent with the City's short range and long term planning, as to how the Dakota County Library facility fits as a part of the 40 acre parcel planned for public facilities in the future. i Introduction The Schematic Design for the new Dakota County Central Library is complete and is presented in this document. The approved program dated July 15, 1980 defined a building with an estimated area of 52,600 square feet located on an 8V2 acre site in Eagan near the intersection of Wescott and Pilot Knob Road. The schematic design for the facility is based upon the approved program including subsequent modifications made by the Library Staff. The purpose and goal of the Schematic Design Phase is to translate the program into a conceptual building design and configuration which meets the program needs. Included in this design process is the evaluation of individual room sizes, configurations and relation- ships to other spaces. The schematic design process also includes an evaluation of the site related to the proposed building location and configuration. The results of this effort establishes a building design intent which has a specific area and volumn associated with it. A probable construction cost can be established using appro- priate unit costs related to the defined building area. Included in this document are drawings and other inform anon describing the building design, project schedule and probable con- struction cost. We believe the proposed schematic design meets the program requirements and goals. s 7 , O I s 1 Concept The evaluation and analysis of the building program with the Library Staff indicated that the preferred building design would locate all public library spaces on one level directly accessible from the street and parking area. This planning criteria established a building with a ground floor area of approximately 28,000 square feet or a building 250 feet long by 113 feet wide which is almost equal to a football field in size. It was also considered important that the k public library space be open and flexible for future changes and expansion. The planning criteria for the Public Library Space suggested that the Staff Areas and Public Meeting Rooms be located on a second level with a floor area of approximately 20,000 square feet. The remaining areas are mechanical spaces which were to be located as required. it, In response to the planning criteria, a building design was developed which employs long span exposed wood trusses and exposed wood deck offering warmth and character to the space. The wood trusses support the roof loads which are carried down to the footings through concrete columns. The columns correspond with the concrete floor structure over the lower level Both the truss and column spacing are directly related to the desired 51-8" spacing established for the book stacks. The size of the building makes it desirable to have mechanical fan rooms located at the roof level. It is also desirable to introduce natural light into the interior of the building. These two needs were combined to develop the necessary mechanical space and a skylight system which will provide natural light through much of the building. The development of the proposed mezzanine level also includes the Dakota Room which will have a unique location with excellent views to the north and south. The site consists of approximately 8V2 acres of rolling open land with predominate slopes to the north and to the south. The adjacent property to the south and southeast slopes away from the library site providing long expansive views. Public access to the site is from Wescott Road. Based upon the site orientation and grade conditions we have proposed that the building be built into the hill preserving the pastoral character of the site. The north and west sides of the building would have minimum wall exposure with O ~O 2 { i most of the south and east sides of the building exposed providing excellent exterior views for both the public and staff areas. The building is to be located at the high area of the site with the public parking in front of the building. This arrangement should provide good public visibility for the library with excellent orientation to the visiting library users. We believe the building design and site development are responsive to the program and we are enthusiastic about the design potential of the project. • ■ Site Characteristics 11 0 ~ _ elntlai~DeveaopmeM, Weecott Road \ Q Pb a Station AddMm Residential - i Development A Future Civic ar~d , :>m -Recreational Devebpmsnt~ s,,, N. `13 TrM Ea{Park Residential De0elopment 1 , Feet 0 100200 ® I~1 I r 4 a as _ I I[ I a I r CV Q Z i m - - - I qt 7 I , F -7 J~ l ®i ' I c o i 1 L L III O ~i 4 ¢ a 7R-= AA j Jmos4' I' I C C~ I I j I ® ® 8 pp 10 } _ t S I i - C!l I ® ® I I I o L-- -J CV ~i m~ <Z d ~ N N 1 II ~ oo~~ ~ T l'O cm i q0 - - I I x j --a - ~ I- j + i I r ~ x O ' CV Q I ~f 4z I I x I J1 o Vl; ao - Oo O L.A AA-- co. 36;, 0C I co, I i i , I I I I I I i I 1. I I I II II -o 9 2 - aZ 1 Q m _ ~ i i { - x # I t - ~ IL - i I :i i cQi of - - 0 3 N LU Z N O some t~ n W I~ t i ' i 1 I I I - I I 1 j. 1 I I I + I I I ~ I I II I 1 I I I 1 i f i. I i I~ p t Agenda Information Memo October 31, 1980 Page Nineteen BRITTANY SECOND AND THIRW ADDITION C. Brittany Second and Third Additions for Extension Request of Assessment. Period The City has received a letter from the de- veloper of the Brittany Second and Third Addition, requesting that the assessment for streets and utilities be spread over a ten (10) year period of time. This letter is enclosed on pages through for your, reference. The current City policy requires the street and .utility assessments relating to new subdivisions be spread over a five .(S) year period unless otherwise approved by City` Council. ,action. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the extension of assessment period from five to ten years for streets. and utilities,-in the Brittany Second and Third Additions. i ,f 7; DISTINCTIVE CUSTOM HOMES 13816 Holyoke Lane "'A, 1980 A Phone (612) 432-6031 Apple Valleio, MbNerU Oc 6 0~ try /11A ✓ X190 er O Tom Colbert City Council Members 5795 Pilot Knob Road rl~ig-a, Any. 55122 Z Gentlemen: This is our request for approval fcr utilities and street improve- ments to be installed in Brittany 2nd and 3rd Addition and Outlots A & B to be assessed over a ten year period. tie make this request in lieu of the current economy, but more im- portantly the assessment payments over any less period are exceedingly high at today's cost of utility improvements. At present there are 7 homes sold in these additions. vie feel confident that the major portion of the assessments will certainly be paid prior to a five year term by the closing of homes. Consequently our request is more one of relief for the annual payment due than the term. Please advise us of the hearing date for this request as we wish to attend the meeting. Si rely arl R. Tollefso Tollefson Builders, c. l C7 PIT, Agenda Information Memo October 31 1980 Page Twenty PROCEDURE FOR REGULATING AGIUA ITEMS D. Procedure for Regulating Agenda Items At the last City Coun- cil. meeting, the City Administrator was directed to review a pro- cedure for, regulating agenda items. The' agenda for the November 5, 1980 City Council meeting has twenty (20) items listed as agenda items. Department Head Business and Consent Items are each con- sidered as one item. Then, considering all items under Public Hearings, Old Business, New Business and Additional 'Items, the total is eighteen items. Two items and eighteen items totals twenty items than are listed on this agenda. It is difficult. to. judge the length` of a meeting by the amount of agenda items. There"have been agendas consisting of ten to fifteen items that have `caused a' City Council meeting to last longer than an -agenda with twenty to twenty-five items. It seems appropriate that the City Administrator should review the nature and substance of the agenda items, taking into consideration potential controversy and/or need for discussion by the City Council and determine a potential length of time for the agenda items. The City Administrator does attempt to provide some regulation, anticipating the amount of time required for agenda items while preparing the agenda. And Mayor Blomquist works, out a time schedule, assuming the 11:00 adjournment,' when she reviews the agenda for preparation of the City Council meeting. I,t seems appropriate that a simple change of wording,, "Other "Business" to "Additional Items"., might provide more of a procedure for regulating, the items. Items such as ordinances, petitions, procedure and other related issues that do.not require prompt atten- tion -by ,the City Council could by listed as additional items. A person requesting an item to be placed on an agenda that is listed as an :additional item would be informed that his or her item would be considered if time permitted or if the City Council votes to extend the time of the City Council meeting. Otherwise, this item would,be continued until the next regular City Council meeting. If additional items such as ordinances continue to reappear on a City Council agenda as additional items for three or more meetings` it would seem appropriate that these items then be considered at a special City Council meeting. There was consideration given by the City Administrator regarding the procedural use of additional items in the preparation of this agenda;. If this format a revised format or additional ideas offered by the City Council are- considered, a procedure would drafted by the City Administrator for consideration and approval at the next City Council meeting. s/Thomas L Hedges .k, Ley Administrator MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 31, 1980 SUBJECT: INFORMATIONAL The first round of negotiations with the Police Association, excluding the dispatchers, was held on Monday, October 27, 1980. As you recall, the Police Association and City of Eagan are approaching the end of a two (2) year contract. That contract wss for calendar years 1979 and 1980 and included dispatchers as well as all sworn officers. Since the dispatchers have removed themselves from the association, they will not be considered as a part of any future negotiations with the Police Association. It is my understanding that the dispatchers will. be attempting to certify themselves with a local union in the next 60 to 90 days. The demands presented to the City by the association are for 1981 only. The association was asked whether they wouldconsider another two (2) year contract and they are open for negotiations on a two year contract. The items presented by the association are as follows: 1. Expand accumulation of sick leave from eight hours to ten hours accumulation per month. 2. Three paid days for funeral leave instead of the one paid day currently received. 3. Eleven paid holidays instead of ten and one-half paid holidays. 4. Move up the acceleration for four weeks paid vacation from twenty years'of employment to fifteen years. 5. An additional ~ per cent longevity pay for each year worked after ten years. 6. Wages, with the exception of team leaders and sergeants, to be settled at the cost of diving index, in effect for January 1981.. 7. Overtime pay increase from $34 to $40. 8. 100% severance pay in stead of 50% severance pay after five years. 9. Dental coverage, punitive damages coverage and an injury on duty clause. More to come on this subject as negotiations proceed along. Informational Memo. October 31, 1980 Page Two Apparently, Cisco's has had problems in the City of Burnsville with the City of Burnsville per the newspaper article enclosed on page 10167, Mayor Blomquist asked that this article be enclosed for review Fy the City Council due to the fact that Cisco's will be appearing before the Advisory Planning Commission in November to ask for an on-sale, liquor license and dancing permit for the former Discotrek. More to come on this matter later. You may be assured that the City staff will investigate the situation in Burnsville and will inform the Advisory Planning Commission Members in detail before their public hearing. More to come on this matte later. Enclosed on page 103 is a copy of a letter which was sent from the Mayor of Rosemount to Mr. Charles Weaver concerning the Compre- hensive Guide Plan. Mayor Knutson had indicated at the meeting on Tuesday that he would supply us with a copy of the letter. The City is closing the file on the Teske residence regarding the six (6) items that do not meet minimum building code standards as cited by the State Building Code Inspector. As you recall, the Teske's had complained to the City of Eagan that their builder did not perform construction according to the uniform building code. This matter was discussed in full by our City Building Inspector and State Building Inspector in memorandums during late 1979. On December 4, 1979, the State Building Inspector did list six (b) items that did not meet the minimum standards and, evidently, the original builder of the home did correct all six items which are now in compliance with the building code regulations. All six items are acceptable to the Teske's and, therefore, the file is closed. The Director of Parks and Recreation was asked to prepare an update regarding the stump removal program and measures for reforestation of City parks and open spaces as they relate to the damages caused by the July 15 storm. Enclosed on pages 10+ through /Q is a memorandum that the Director of Parks an ecreation p o ded to the City Administrator regarding this update. The City Administrator was quoted in the Eagan Chronicle that approximately $10,000 has been paid out-by the City of Eagan for legal services relating to the Mak'n Magic 'Drug Paraphernalia Ordinance issues. The exact accounting shows an expenditure of $11,027:62. A part of these fees will be presented to the CAAD group to see if there is any consideration by the Board of Directors as to their participation in these costs. The amount spent for legal expenses by the City are considerably under those expenses. charged by Greg Rothman in representing Mak'n Magic. Informative Memo October 31, 1980 Page Three Enclosed on pages 166 through 107 is the end of the month trans- action of the tax exempt mortgagfinancing program (Oct. 30). 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This contract BURNSVILLE - The plot in the includes stipulations that Cisco's continuing saga of Cisco's and the move by Dec. 31 to an acceptable City of Burnsville took another location, that it serve food and twist when Musical Eatery, Inc., that it employ off-duty police at the owners of Cisco's, filed suit in its parking lot, reimbursing the., U.S. District Court, St. Paul, city for their pay. Monday, Oct. 20. Other parts of the suit address The 22-page suit names council the council's right to revoke members Warren Kelley, Paul Cisco's license and the granting Hoover, Connie Morrison and of an unconditional liquor license James Pappathatos, along with for the period of July 1, 1980 until Mayor Paul Scheunemann and June 30, 1981. The suit also asks the City of Burnsville as defen- for attorney's fees and other dants. Burnsville's legal firm, costs incurred in the suit to be Grannis and Grannis, received paid by the city. the suit Friday, Oct. 24 while the The suit alleges that the city mayor and council members has violated Cisco's civil rights, received summons Saturday, acting in an arbitrary and Oct. 25: capricious manner beginning in The suit asks for: 1978. 1) Damages of $800,000 for the Meshbesher, Singer and loss of profits, good will and Spence, a Minneapolis law firm, monies paid out per the city's re- is Cisco's legal counsel in the suit. quest and legal fees Cisco's has Council members and the city incurred, and have 20, days to answer charges. O~ L tli~ t, l r~)Vose.34 01 e n l October 23, 1980 Mr. Charles R. Weaver, Chairman Metropolitan Council 300 Metro Square Building 7th and Robert Streets St. Paul, Minnesota 55101 Dear Mr. Weaver: On October 21, the Rosemount City Council formally accepted the Rosemount Comprehensive Guide Plan for distribution and review, according to the Metropolitan Land Planning Act. Our extended deadline for submission to the Metropolitan Council is October 28, 1980. Due to the unresolved status of the Comprehensive Plan Amendment procedures, the City Council has elected to withhold distribution of our plan at this time. We are aware that the Physical Develop- ment Committee has chosen the alternative most favored by local units of government. I hope that we will be in a position to authorize submission of the.-plan once the public hearing document has been reviewed. Should you have any questions regarding our position on this matter, please feel free to contact me. Sincerely, Leland S. Knutson Mayor LSKml cc: Rosemount City Council Rosemount Planning Commission . October 28, 1980 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION REASON: CITY FORESTRY DEPARTMENT The activities of the forestry department are near completion for 1980. And I thought it appropriate if I would bring you and the City Council up to date on the most recent activities of the department. The stump removal program, which was initiated in mid-September, cleared approximately 100 stumps from boulevards and City park property. The City staff spent approximately 8 working days to accomplish this task with the aid of the Dakota County stump remover. City forces also cleaned up all chips from the chipper as well as filling in black dirt and reseeded those areas affected.. Response from the public was overwhelmingly positive with this department receiving calls thanking the City for its response. Due to an oversight, approximately 3 tree stumps did not get placed on the removal list. This was not discovered until the chipper had been returned to Dakota County. City forces will remove these remaining stumps in the Spring when other stumps are removed as a result of any late fall or early spring cutting of diseased trees. The most recent activity concerns the reforestation of City parks and public spaces. The City was able to purchase ball and burlap trees on the same bid list with the City of Burnsville. Twenty-four (24) trees and shrubs were purchased from Minnesota Valley Nursery and transplanted to Cedar Pond Park, Blackhawk Park, and Rahn Park. City staff rented a tree spade for planting purposes and was also able to transplant an additional 10 trees in other locations such as #3 Fire Station, Carnelian Park, Rahn Park, and Blackhawk Park. The cost for the trees from Minnesota Valley Nursery as well as the cost for the tree spade will be charged to the tree forestation budget and submitted as an expense to the State Shade Tree program for partial reim- bursement. Although the reforestation efforts did not meet the total objectives and goals that had been established, I'm pleased with the results achieved. With a relatively inexperienced staff performing the transplanting functions, hampered by poor soil conditions and inclement weather for two days; it is understandable that objectives were not achieved in this years ambitious tree planting program. In as much as a local property owner had donated tree stock to the City for transplanting, plans will now be made for tree transplanting during the Spring of 1981. In addition, provided the 1981 budget request is approved, staff will be developing plans for additional plant material to be placed in other park and City property locations. As you know the City has recently been able to employ a landscape planner under the C.E.T.A. program whose function will be to begin in developing some planting programs in park and City facilities. These plans will be kept until such time as they can be implemented during the next two year period. You may wish to advise the council that the comments from the public bordering Cedar Pond Park was very positive. It was reported to me that as the crews were planting trees many of the residents surrounding the park came out and commented on the positive impact of the trees; and their pleasure that the City was taking steps to improve the park to its original beauty. 164 City Forestry uep eat - McLj October 28, 1980 I am sure the council understands the fact that the trees at this point are not impressive, but once they achieve their spring and summer growth the efforts will be appreciated all the more. 1d -2- s DATE: -October 0 1 30, 1980 CITY OF EAGAN Statistical Data-- Amount of Program $16,940,000 'Total Amount of Pre-Camiitted Loans $ 5,367,575 Percentage of loans Pre-Con pitted 32 % Low Inane Basic Inane `total Number of Loans 73 27 Average Mortgage Amount $ 52,309 $ 57,370 Average Sale Price 57,267 62,354 Average Appraisal Value 57,776 63,695 Average Adjusted Gross Income 20,363 24,777 Average Gross Income 21,575 26,268 Type of Loan: Insured Conventional 2 5 Uninsured Conventional 1; 3 FHA 21 14 VA 8 5 Graduated Pledge 37 0 Average Loan to Value Ratio : Insured Conventional 91% 89% Uninsured Conventional 74% 77% Nunes of New Construction loans 50 _ 13 Number of Existing Loans 23 14 Tjgpe of Dwelling: Single Family 37 19 Townhouse 8 5 Condaninium 28 3 Mobile Hanes 0 0 Average Previous Residents 19% 33% Number of Renters 55 23 Number of owners 18 4 Sex: Male 44 24 Female 29 Average Family Size 1.7 2,1 Average Number of Children .3 .4 Marital Status Married 29 18 Single 39 4 Joint "3 FUNDIlVC~orced Z- 3 Dollar Amount of Loans Funded $ 2,099,200 NrTber or Loans ' 37 !06 3.0, 1980 CITY CF EAGAN $16,940,000--Amount of Program j.lar Amount of Funds Remaining $ 5,338,875** Low Ins $ 1,082,075 Basic Income $ 4,256,800 Single Family Funds Remaining $ 3,077,600 Condo Funds Remaining $ 947,350 Townhouse Funds Remaining $ 1,313,925 _ Mobile Hane Funds Remaining $ 1,694,000 (Inclusive--Not a Separate Account) Conventional 95% Funds Remaining $ 1,414,700 Graduated Conventional Funds Remaining $ 66,375 Graduated 95% Conventional Funds Remaining $ 66,375 Total Pre-Connitrnent Amount $ 5,367.575** _ Total Reserved (Yet to be Pre-Committed) $ 6,233,550** $16,940,000** 167