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09/02/1980 - City Council RegularAGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL SEPTEMBER 2, 1980 6:30 P.M. I. 6:30 - ROLL CALL AND PLEDGE OF ALLEGIANCE II. 6:35 - ADOPT AGENDA AND APPROVAL OF MINUTES III. 6:35 — DEPARTMENT HEAD BUSINESS t.\ A. Fire Department C. Park Department e. B. Police Department Q S D. Public Works Department IV. 6:55 - CONSENT ITEMS [One (1) Motion Approves All Items] 9 A. Imp. 80 -2 - Final Payment & Acceptance 9 B. Approve & Execute :MnDOT Agreement #60079 (Traffic Signals) F 10C. Imp. 79 -16 - Approve Change Order #3 I# D. Imp. 80 -1 — Approve Change Order #1 .111E. Imp. 79 -4 - Final ]Payment & Acceptance if F. Resignation of Receptionist /Cashier & Appointment of Tami Goddard V. 7:00 - PUBLIC HEARINGS V.Ik A. Vacation of Utility Easements in St. Francis Wood VI. OLD BUSINESS 12 A. Joe Peterson for Preliminary Plat for Clearview Third Addition, located on Lot 6, :Block 1, Clearview Addition VII• NEW BUSINESS e-10 A. R. L. Johnson for variance from the 35% Lot Coverage Requirement, located on Lot 1, R. L. Johnson First Addition Application of Yankee Square'Office II for I.D.R. Financing for an Office Building in the Amount of $995,000, to be located at Yankee Doodle Road and Pilot Knob Road P 29C. Application of Yankee Square Office III for I.D.R. Financing for an Office Building in the Amount of $1,095,000, to be located at Yankee Doodle Road and Pilot Knob Road Imp• 80 -28 - Approve Plans & Specifications (Deep Well #6 Pump) ?.1 U E. Revised Preliminary Plat for Walden Heights Addition Submitted by Pilot Knob Estates p.3CF. Northwestern Bell Telephone Company for Site Plan Approval for Three Subscriber Carrier Buildings, Located at: (1) Walden Heights Addition, (2) Safari Pass and Galaxie Avenue, and (3) SEk of SWk of Section 21, North of County Road 30 City Council Agenda September 2, 1980 Page Two VIII. OTHER BUSINESS P 45A. Execution of Contract for Imp. 80 -13; 1980 Seal Coat with G. & L. Seal Coating Inc. in the Amount of $89,362.23 Bid Award for C. Bid Award Imp. 80 -20 - Northview School Utilities P,Lk7 for Imp. 80-27- Brittany Second and Third Utilities Lfq D. Bid Award for Execution of Imp. 80 -19 - Contract for Twin View Manor Utilities Imp. 80 -16 (Galaxie e Enebek Construction in the Avenue) with Amount of $174,519.50 IX. VISITORS TO BE HEARD (For Those Persons Not On The Agenda) X. ADJOURNMENT I • • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 28, 1980 SUBJECT: AGENDA INFORMATION After approval of the July 29, 1980, special City Council minutes, the August 19, 1980, regular City Council minutes and the September 2, 1980, City Council agenda, the following items are in order for consideration: DEPARTMENT HEAD BUSINESS DEPARTMENT FIRE 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 be considered for the Police Department at this time. PARK DEPARTMENT C. Park Department -- Item #1: LAWCON Funding for Rahn Park Expansion - Attached is ar_a_Ft resolution to be considered if the final application is to be made to LAWCON for partial, funding of the proposed Rahn Park expansion. The grant application is due by October 2, 1980. Parks and Recreation Director Vraa would like to submit the application well in advance of that date in order that the City might be able to expedite the processing of the grant. It is possible according to the Parks and Recreation Director for the grant to reach the Minnesota Legislative Commission on Minnesota Resources (State Funding Agency) by December of 1980. If that agency should act on the grant at that time, it is possible that a purchase agreement for the twenty acres for Rahn Park expansion could be undertaken. If this is possible, the City could then purchase the Rahn Park parcel of property at the existing rate per acre rather than the $1,000 per acre increase to be ef- fective in 1981. As stated at the special City Council meeting on August 26, 1980, the preliminary grant application is written in the amount of $195,000. In as much as the federal government is not participating in its share of the grant match and because of the limited amount of dollars available, the state will be matching the grant in the amount of $97,500. Enclosed on page a is a copy of the resolution as drafted by the Director of al' rks and Recreation. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the resolution` which authorizes the staff to submit the final LAWCON application for funding for a 20 acre expansion of Rahn Park. 0 0 RESOLUTION CITY OF EAGAN WHEREAS, the Land and Water Conservation Fund Act and the State Natural Resources Fund provides for the making of grants to assist local public bodies in the acquisition and development of outdoor recreation projects; and WHEREAS, the City of Eagan desires to acquire approximately 20 acres of land known as Rahn Park, which land is to be held and used for permanent open space; and WHEREAS, in order for the proposed project to be eligible for approval, there must be a comprehensive outdoor recreation plan and 5 -year action program; and WHEREAS, the City of Eagan has a 5 -year action program which includes Rahn Park; and WHEREAS, it is estimated that the cost of acquiring said 20 acres shall be approximately $195,000; and NOW, THEREFORE, be it RESOLVED by the City Council of the City of Eagan, Minnesota; — 1. That an application be made to the office of Land and Urban affairs for a grant from the Lamd and Water Conservation Fund and /or from the Minnesota Natural Resource Fund presently estimated at $97,500 and the applicant will pay the balance of the cost from other funds. 2. That the City Administrator and Director of Parks & Recreation is hereby authorized and directed to file such application and to pro - vide such information and documents as may be required. 3. That the proposed acquisition is in accordance with plans for the allocation of land for open space uses, and that applicant will acquire and develop said land for use designated in said applica- tion and-approved by the Office of Land and Urban Affairs and the H.C. R. S. 4. That the United States of America and State of Minnesota be assured full compliance by the applicant with the regulations of the Department of Interior, effecting Title VI of the Civil Rights Act of 1964. Those in favor: Those against: DATED: CITY COUNCIL CITY OF EAGAN Attest: By: .Alyce Bokle, City Clerk Beatta Blomquist, Mayor 2 i Agenda Information Memo August 28, 1980 Page Two Item #2: The Director of Parks and Recreation has researched the eaassibility of the City participating in the CETA Title II -D Pro - gram. If the City should authorize an application for the program, the staff will write job descriptions for positions that are needed throughout the City and submit them for consideration. There will be no cost to the City for fringe benefits, salary or other employ- ment related costs. The City will be responsible for administrative costs associated with the hiring process and maintaining the indi- vidual on the payroll. It appears that the City could receive two to three, - possibly four positions. The salary restrictions are limited between $3.85 and $5 per hour. The formula for awarding the CETA positions is somewhat dependent on salary, position description, suitability of training, as well as other factors. A resolution authorizing the filing of application and assurance of compliance with the Comprehensive Employment and Training Act is enclosed on page _� for your review. ACTION TO BE CONSIDERED ON THE MATTER: To either approve or deny the recommendation of the staff to make application, for the CETA program entitled II -D Program. (The Director of- Parks and Recreation, if the resolution is approved, will become the liaison person for the City Administrator in this program.) 3 • DRAFT COPY RESOLUTION CITY OF EAGAN RESOLUTION AUTHORIZING THE FILING OF APPLICATION AND ASSURANCE OF COMPLIANCE FOR THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT TITLE II D WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on the day of 1980 at 6:30 P.M. at the City Hall, and WHEREAS, Dakota County has funds available for fiscal year 1981 under Title II - D of the Comprehensive Employment and Training Act. (C. E. T. A. ) , and WHEREAS, the goal of Title II -D is to provide work experience and training for the long term unemployed and economically disadvantaged residents of Dakota County, and WHEREAS, the City of Eagan is a muncipality of Dakota County and has unmet public service needs, and is capable of providing suitable training experience, and WHEREAS, the City of Eagan has the administrative capability to act as a subgrantee to the Dakota County C.E.T.A. program, and WHEREAS, the City of Eagan subscribes to the principle of non- discrimination in employment in accordance with Title VI and VII of the Civil Rights Act of 1964; NOW THEREFORE, upon motion by , seconded by , it was.'RESOLVED that the City of Eagan (staff) submit the required job request forms, and to adhere to the assurance and certification as promulgated by Dakota County as the primary sponsor and for the City of Eagan to be a subgrantee for Title II -D funds. Those in favor: Those against: DATED: ATTEST: Agenda Information Memo August 28, 1980 Page Three PUBLIC WORKS- DEPARTMENT D. Public Works Department -- Item #1: Claim for Damages - Imp. 80 -5 -- The City has received maim for damages from Ronald Bruestle due to high water caused by Fish Lake in the amount of $3,436. The original letter addressed to the Mayor and the follow- up letter stating the actual cost of property damage is enclosed on pages (p through -7 - for your reference. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny payment to Ronald Bruestle in the amount of $3,436 for claimed property damage to his property resulting from the high water level of Fish Lake 1435 Fnglert Pd Eagan, MN 55122 July 21, 1980 Mayor Bea Bloomquist Eagan City Hall 3795 Pilot Knob Pd�✓ Eagan, MN 55122 Dear Mayor Bloomquist: My property has received water damage from Fish Lake. The water stands within 2 to 3 feet from my driveway. In fact, 3 Apple trees, 1 Plum tree and over 10 Juniper trees have died. Several of these trees are 15 to 20 years old. Also, a large section of grass has been damaged from water coverage. No longer can we use the yard for recreational games. The City of Eagan, created this problem by not having proper drainage in this section of land before issuing buiding permits. Thus, I should not suffer and losses for property damage, and be entitled to necessary compensation. I know that you will give this matter your immediate personal attention. Your cooperation is appreciated. Sincerely, ,if """qr/'� Ronald Bruestle �O f —Q C °C &o- 5 1 M • • Yom... L} �} August 19, 19RO Mr. Thomas A. Colbert Director of Public Works City of Fagan 3795 Pilot Knob Poad Fagan, Minnesota 55122 Dear Mr. Colbert: Thank you for your July 29, 1980 letter. As requested, the following is an estimate of property damage incurred as a result of high water elevation from Fish Lake: I. 'three Harelson Apple trees between 15 & 20 years old 'P $ ?50.00 each. 97s 0 ri-I 7so` --I 2. One Plum tree 15 years old ,'� t200.00. 3. One large Juniper tree 'Zz $100.00. / n 4. Ten smaller Juniper trees 1� $50.00 each. 5. Ten yards of dirt.for fill �P $B.00 a yard = .$80.00. 6. Approximately 903 sq. yards of sod ;P $2.00 a yard = $1,806. The above estimate was submitted by Buell Brothers Florists and nurserymen. 3 4 ; G Your prompt attention to this important matter and cooperation are appreciated. Sincerely, v Ronald Bruestle 7 • Agenda Information Memo August 28, 1980 Page Four Item #2: Sewer & Water Connection Request -- Mrs. D. K. Lindo, �Tings Road, is requesting the City to allow her to hook up to water only, from the newly installed utilities on King's Road. She is claiming financial hardship. Her sewer stub is in a separate trench location from her water stub. Existing City policy has been to require connection to both the sewer and water whenever - -one or the other becomes necessary due to a bad- well or septic system. Mrs. Lindo is currently out of water and is using the neighbor's temporarily. In the interim, we have issued a water permit on the condition that she pay for a sewer connection permit at the same time with the understanding that the Council would review her situation on September 2. If the Council approves the water connection only, the sewer connection permit would be refunded. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny a policy for utility connections for Carol Lindo. Item #3: Project 297 Blackhawk Lake Storm Sewer Oulet -- Professor �annkuch of the University of Minnesota Hydrology Department will be meeting with the Director of Public Works and Consulting Engineer at 6:00 p.m., Tuesday, September 2, 1980, to review the site of the proposed Blackhawk Lake outlet. Professor Pfannkuch will be at the City. Council meeting at 6 :30 to discuss his observation and review the City's proposed storm sewer outlet with the City Council. There is no action required on this item. Agenda Information Memo August 28, 1980 Page Five CONSENT AGENDA There are six (6) 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 Public Hearings as legally noticed at 7:00 p.m. IMP. 80 -2 A. Imp. 80 -2 for Final Payment and Acceptance -- The construction of a 435 foot deep well (Well #6) has been completed under Imp- 80-2 by Keyes Well Drilling Company, Inc. This project has been inspected and reviewed and is being recommended for acceptance by our Consulting Engineer, Robert W. Rosene. The Public Works Department concurs with the recommendation for final- payment and recommends acceptance of Deep Well #6. ACTION TO BE CONSIDERED ON THE MATTER: To approve final payment of $1,000 to Keyes Well Drilling Company for Imp. 80 -2 and accept for perpetual maintenance. MnDOT AGREEMENT #60079 B. Approve & Execute MnDOT Agreement #60079 (Traffic Signals) -- The City has received a copy of the cost participation agreement from District 9 of MnDOT pertaining to the installation of traffic signals at the intersection of the new Cedar Avenue Freeway (T.H. 77) with Wild Wood Lane (County Road 30) and Cliff Road (County Road 32). In addition, it also provides for the installation of signals at the intersection of Nicols Road (County Road 23) with Wild Wood Lane (County Road 30). The total cost of these proposed signal improvements equals $516,673.07, with proportinate cost participation breakdown as follows: Federal Share $396,387.18 (76.72 %). MnDOT Share 58,379.49 (11.30 %) Dakota Cnty Share 30,953.20 ( 5.99 %) Eagan's Share 30,953.20 ( 5.99 %) TOTAL $516,673.U7 (100.00%) The approximate 31,000 share by the City of Eagan has been proposed for the 1981 Budget under the Public Works Department. However, due to anticipated budget cuts, the expenditure may be taken from the Street Fund Account. If this agreement is passed, the Director M 0 Agenda Information Memo August 28, 1980 Page Six • of Public Works would like to include a stipulation wherein the advance payment requested by MnDOT, as stated in paragraph five of the agreement, will not be forwarded until after January 1, 1981, to be consistent with the budgetary process of the City. The cost participation breakdown of the signal installations are in conformance with existing MnDOT and Dakota County Highway Depart- ment policy. ACTION TO BE CONSIDERED ON THE MATTER: To approve the MnDOT Agree- ment #60079 (Traffic Signal Installation) and authorize the Mayor and City Clerk to execute said agreement. IMP: 79 -16 C. Imp. 79 -16 (Alexander Road Costruction) to 'Approve Change Order #3 -- This change order provides for the additional excavation and borrow of material needed to complete the road to the City's approved plans and specifications. The material is being made available from City property immediately adjacent -to the R. L. Johnson Space Center located in the Sibley Terminal Industrial Park. The use of this material was approved by the City Council at the August 5 meeting at the price of 350 per cubic yard ($3,150). All costs associated with this change order will be assessed against the benefited property of the - R. L. Johnson Space Center. This change order was required by the encounter of unstable and unsuitable material necessary to construct the road. ACTION TO BE CONSIDERED ON THE MATTER: To approve Change Order #3 to Imp. 79 -16 to Minnesota Valley Surfacing in the amount of $27,450. TMP_.R0_1 D. Imp. 80 -1 (Eden Addition Utilities) to Approve Change Order #1 -- This change order provides for the City's contractor under the above referenced improvement project to finish the grading that was not completed by the developer in the Eden Addition. The City has received concurrence from the developer as to his agreement to pick up the additional grading costs which were incur - -red by the City. Therefore, these costs will be assessed back against the improvement contract ACTION TO BE CONSIDERED ON THE MATTER: To approve Change Order #1 to Imp. 80 -1 for Erickson Construction, Inc., in the amount of $7,704. 10 • Agenda Information Memo August 28, 1980 Page Seven IMP. 79 -4 • E. Imp. 79 -4 (Highline Trail Phase One) for Final Payment and Acceptance - The City has received a request for final payment for Imp. 79 -4 Contract with McNamara Vivant Contracting. Company. A letter from the Consulting Engineer, Bob Rosene, indicates that this project has been completed in accordance with the plans and specifications and he is recommending final payment. The trail has been inspected by the Parks and Recreation Department and found to be acceptable. ACTION TO BE CONSIDERED ON THE MATTER: To approve final payment for Imp. 79 -4 to McNamara Vivant Contracting Company in the amount of $5,922.43 and accept the project for perpetual maintenance by the City. RESIGNATION -- RECEPTIONIST F. Resignation of Receptionist /Cashier and Appointment of Tami Goddard - Action is in order to accept the resignation of Wendy Miedema as Receptionist /Cashier to be effective August 29, 1980. Applications have been received, interviews held, and it is the recommendation that Tami Goddard be hired as the Receptionist/ Cashier to fill the vacancy. ACTION TO BE CONSIDERED ON THE MATTER: To accept the resignation of the Cashier /Receptionist, Wendy Miedema, and appoint Tami Goddard to that position. (Wendy has accepted a position as a teller with a Twin City Federal branch office in Apple Valley.) PUBLIC HEARINGS UTILITY EASEMENTS - ST. FRANCIS WOOD A. Vacation of Utility Easements in St.. Francis Wood -- On August 5, 1980, the Council called for a public hearing to be held on September 2 regarding the vacation of drainage and utility easements along common lot lines in St. Francis Wood -- Phase Two, due to the proposed replatting of the St. Francis Wood Second Addition. The Public Works Department has no objection to the vacations of these easements as they will be rededicated with the St. Francis Wood Second Addition. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the vacation of drainage. and utility easements in the St. Francis Wood Phase Two. 0 0 Agenda Information Memo August 28 1980 Page Eight e s CLEARVIEW THIRD ADDITION A. Joe Peterson for Preliminary Plat of Clearview Third Addition, located on Lot 6, Block 1, Clearview Addition - An application to consider a preliminary plat for Clearview Third Addition was submitted by Joe Peterson. A public hearing was held before the Advisory Planning Commission at their July 22, 1980 meeting. Action was taken by the APC to recommend approval of the preliminary plat subject to seven (7) conditions. This item was placed on the August 19, 1980 City Council Agenda. However, due to the absence of Mr. Peterson, the recommendation of the APC was continued until the September 2, 1980 meeting. For information regarding the appli- cation for a preliminary plat entitled Clearview Third Addition, please refer to the Planning Intern's report found on pages /3 through Q For action that. was taken by the Planning ommirssion, pl—ea:sT refer to a copy of the minutes, found on page 19. ACTION TO BE CONSIDERED ON THE MATTER: To either approve or deny the recommendation of the APC to approve the preliminary plat for Clearview Third Addition. CITY OF EAGAN SUBJECT: PRELIMINARY PLAT - CLEARVIEW 3RD ADDITION APPLICANT: JOE PETERSON LOCATION: PART OF THE SW4 OF THE SE4 OF SEC. 29, T27, R23 EXISTING ZONING: R -1 (RESIDENTIAL SINGLE DISTRICT) DATE OF PUBLIC HEARING JULY 22, 1980 DATE OF REPORT: JULY 17, 1980 REPORTED BY: KURTIS G. ULRICH, PLANNING -ASSISTANT APPLICATION SUBMITTED An application has been submitted for preliminary plat approval of Peterson's Clearview Third Addition which consists of approximately 2.4 acres and contains 3 single family lots. COMMENTS 1. This lot presently represents Block 1, Lot 6 of Clearview First Addition. 2. An easement for a retention pond and water drainage will be provided to the north of the single family lots. This is consistent with the city's water ponding policy and found acceptable by the city engineer. 3. All the newly created lots would meet or exceed all the requirements for an R -1 zoning district, including buildable lot square-footage above h.gh water level. 4. Sanitary Sewer, Storm.Sewer, and Water are already installed within this area and each lot will receive a normal assessment. If approved, the plat should be subject to the following conditions: 1. Park dedication should be required on two of the three newly created lots. 2. All easements should be dedicated according to the recommendations of the city staff. 13 1= • • CITY OF EAGAN PRELIMINARY PLAT - CLFAFVIEW 3RD ADDITION JULY 17, 1980 PAGE TWO LNGINEERING RECO11ME 1DATIONS 1. A drainage end utility easement be dedicated to incorporate the 916.0 contour elevation. 2. A grading, drainage and erosion control plan must be submitted and approved by the Engineering Division prior to final plat approval. 3. Typical 10 -foot drainage and utility easements shall be provided adjacent to all public right -of -way and centered over common lot lines. 4. A 10 -foot drainage and utility easement centered over the existing storm sewer outfall from Beecher Drive shall be dedicated as a part of this plat. 5. The pcnding area shall provide for 5.0 acre feet of storage capacity. 6. Ifinimum basement floor or walk -out elevation shall be maintained at 919.0. Any elevation below this must be reviewed and approved by the building inspector. • 0 TO: THE PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY PLANNER FROM: THOMAS A. COLBERT, P.E., CITY ENGINEER DATE: JULY 17, 1980 RE: PRELIMINARY PLAT - CLEARVIEW 3RD ADDITION Public Works Department has the following comments to make in con- sideration of the above referenced proposed plat: UTILITIES Sanitary sewer, water main and storm sewer of sufficient size and depth to handle this proposed subdivision is readily available within the Beecher Drive right -of -way. STREETS Access to this proposed subdivision is made available by way of the existing gravel surfaced Beecher Drive. GRADING AND DRAINAGE This site presently contains a drainage pond which handles the run off from Lenore Lane, Beecher Drive and portions of Blackhawk Road. An outlet from this existing pond is being constructed as a part of the Eden Addition located adjacent to and immediately north of this proposed subdivision. This outlet storm sewer is designed to provide a permanent water level elevation of 912.0 feet. The city's comprehensive storm sewer plan depends on this pond being maintained as a storm water deten- tion pond (AP -40). The storm sewer outlet for this pond has been designed to take into consideration a 5.0 acre -feet storage volume capacity of• this pond. Subsequently, the petitioner will have to provide in his grading and drainage plan a 1.0 acre ponding area at the normal water elevation of 912.0 and a minimum 1.25 acre ponding area at its proposed water elevation of 916.0. The grading plan that was submitted (dated 7- 10 -78) does not provide the sufficient storage capacity required for this ponding area. This will-have to be revised and approved prior to final plat approval. In addition to the proper storage capacity required to maintain this pond, it is recommended that the minimum basement floor.or walk -out elevation be maintained at 919.0 to provide for the appropriate factor of safety. EASE? -ENTS /RIGHT -OF ;'JAY Sufficient public right -of -way has previously been dedicated for Beecher Drive. Customary ten foot drainage and utilities adjacent to public right -of -way and centered over common property lines will be required. A drainage and utility easement incorporating the 916.0 elevation and the existing storm sewer outfall from Beecher Drive must be dedicated as a part of this plant. P5 • • CLEARVIE'N 3RD ADDITION PAGE 2 I will be available to discuss any of these facts during the Planning, Commission Meeting of July 22nd. Respectfully submitted, Thomas A. Colbert, P.E. City Engineer TAC /jac k LI :o oz ti . 10 Ole 'UJ LLI wam Ile Ica k LI :o oz ti • SEE ;P ; etO�A yv � n '•,, ��!•�10� <<<► oa ��1iiY� l� i 'lk�i� ss Ics ° wiv IF P Nov wAh v onto 2 NOWERWORMIR 2 2 S 0 4 ' �r,�J, r .1.)•• :, jJa j � �1 ^r ) .1 •; J }�S.'x J } J _'•.i, •�:T•••) Jam• ?� 35 �'.^:�t - r xa , . =�i yZ,r ���: y. of /1 .�f I,l) �..j�.,Ij )�!��IiJ•.% ♦) •J %,J �) �-t� }J � `,l • •t v''S•�N f�: .�♦ 1 J �,I'•.+.J � � Il� � i:"�:.i.., r � � i r�.lU'•:• -J.i . _'�J'�._; c,�1J ;:.� i riJ •':),jJ•.1.1 .)'': i._�Zj _. ; �% 1. .j •Y : +J /• .)..r :'� y91 � � u tfl� ,vas° PD J 'I U(TILIT_Y I •Q� il ;1 rl i; I I P D. :1 r V f � �•waL 1 l � J• 'Y ���•�)�1.J�JJ, �jj�)�/�i'_r /if�3,,•'''J- �. "'J'J/ f. )��•yl" APC Minutes • • July 22, 1980 Page Three 14. That the Lower Minnesota Watershed District approve and its conditions be complied with. 15. That a meter be supplied for metering sewer and water use and agreeing to special assessments when utilities are available. Krob, Bohne and Roszak voted in favor. Harrison and Wilkins voted against. CLEARVIEW 3RD ADDITION The next public hearing convened by Chairman Harrison concerned the application of Joseph Peterson for preliminary plat approval of C1-earview 3rd Addition. Mr. Peterson was present. The 2.4 acre parcel at the present time is Block 1, Lot 6, of Clearview 1st Addition and would be subdivided into three single family lots. There was concern about the pond to be developed in the subdivision and no objections from neighboring property owners. Two neighboring property owners were present and favored the development because of its being an eyesore at the present time. it would have a maximum 12 foot storm sewer elevation and 919 minimum basement floor level as recommended by the staff. The staff recommended against fencing around the pond. Krob moved, Bohne seconded the motion to recommend approval of the preliminary plat subject to the following conditions: 1. A drainage and utility easement shall be dedicated to _incorporate the 916.0 contour elevation. 2. A grading, drainage and erosion control plan must be submitted and approved by the Engineering Division prior to final plat approval. 3. Typical 10 -foot drainage and utility easements shall be provided adjacent to all public right -of -way and centered over common lot lines. 4. A 10 -foot drainage and utility easement centered over the existing storm sewer outfall from Beecher Drive shall be dedicated as a part of this plat. 5. The ponding area shall provide for 5.0 acre feet of storage capacity. 6. Minimum basement floor or walk -out elevation shall be maintained at 919.0. Any elevation below this must be reviewed and approved by the building inspector. 7. That the seller notify buyers of lots of storm,sewer elevations imposed by the City. All voted in favor. 19 • Agenda Information Memo August 28, 1980 Page Nine 1 VARIANCE - R. L. JOHNSON FIRST ADDITION A. R. L. Johnson for Variance from the 35% Lot Coverage Requirement located on Lot 1, R. L. Johnson First Addition -- An application was received from R. L. Johnson requesting _a variance from minimum lot coverage of 35% to 40.7% lot coverage. The lot consists of 529,808 square feet and currently contains a 151,980 square foot office /warehouse structure at 28.6 coverage with a 64,000 warehouse addition proposed. The Advisory Planning Commission held a public hearing on July 22, 1980; however, action was continued until the August 26, 1980 APC meeting. The APC did give approval to the variance application and is recommending the same to the City Coun- cil. For additional information on the matter, please refer to the Planning Intern's report, enclosed on pages al through a(o for your reference. For action that was taken y he APC, re er to the attached minutes, found on pages a'7 through ACTION TO BE CONSIDERED ON THE MATTER: To either approve or deny the recommendation of the APC to approve the R. L. Johnson variance as requested. ao CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: R. L. JOHNSON LOCATION: PART OF THE SE4 OF THE NEW4 OF SECTION 8. 3089 SIBLEY MEMORIAL HIGHWAY EXISTING ZONING: I -1 DATE OF PUBLIC HEARING: JUL`' 22, 1980 DATE OF REPORT: JULY 17, 1980 REPORTED BY: KURTIS G. ULRICH, PLANNING ASSISTANT APPLICATION SUBMITTED An application has been submitted to request a variance from minimum lot coverage of 35% to 40.7% lot coverage. The lot consists of 529,808 square feet and cur- rently contains a 151,980 square foot office /warehouse structure at 28.6% coverage with a 64,000 square foot warehouse addition proposed. COP.RENTS , 1. Required set backs and minimum lot coverage are not significant requirements in the development of this site. The site is unique in that there is open space to the east, open space to the south (a city ponding area) and railroad tracks to the west. The only street is Meadow View Road to the north of the property. 2. The site contains sufficient usable space for the required number of parking spaces for a warehouse /office structure. However, due to the low number of em- ployees, a fewer number of parking spaces will be required at this time with the intention that more parking spaces will be developed as needed. 3. Storm Viewer, sanitary sewer and water have been installed in the area. 4. The use of the building addition will be restricted to warehouse use and will not contain additional office space unless additional parking spaces are developed. 5. Direct access to the property from Highway 13 will be provided by a road currently under construction, the cost of which is being accessed upon the owner of this property. If approved, the plat should be subject to the following conditions: 1. That a detailed site plan of the existing building, the building addition, parking and landscaping be approved by the city staff. a1 CITY OF EAGAN R. L. JOHNSON JULY 17, 1980 PAGE TWO 2: All easements be required per recommendations of city staff. 3. The parking area shall be surfaced and concrete curbing be provided around the perimeter of the parking lot. 4. A $2,000 landscaping bond shall be required and not released until one year af,e- the landscaping has been completed. ENGINEERING CONSIDERATIONS 1. Drainage and utility easements shall be dedicated as required. 2. A grading and drainage plan be approved by the Engineering Division prior to final plat approval. 3. The existing 8" watermain within this proper-�y be extended to the southwest property line for future extension and looping and that a 15' easement centered over this watermain be dedicated. 9 - I . C� wj a3 wvupmoff *v2� -. �i • -Ti .•_ G 5.- •� OS � cwt �� Z 186 iII na Nil `'4 � r 4 4 N )1 t 1 ,, 1 ti w i.• •� Y Y t ' 10.1 � I , I r �S _.._ lir � �' .�. ..,, A•�L � ti ' % .t err .� 'SSW . � �' � .'.- _ _ •frf�`!+ �f:� f�h.� Wl T, � =IE WSL ALI ADO N ��" y.frf =i i �'�'• fir '•r cq 6`6 a�{ 1 Q y� Aq ` 1 . • / / // 1 r••`.� ( SURREY EJIG aST N Fm 1 �� I APC Minutes July 22, 1980 Page Four • • GOPHER EAGAN 2nd ADDITION PRELIMINARY PLAT The public hearing convened by the Chairman next consisted of the application of Gopher Smelting and Refining Company for preliminary plat approval of Gopher Eagan 2nd Addition and zero setback variance for the existing building on the Chicago, Minneapolis, St. Paul, Pacific Railroad right of way. The plant engineer appeared on behalf of the applicant and indicated that the railroad did not object to the overlap of the Gopher Smelting Company building on the railroad right of way. At this point, Mr. David Bohne was excused from the meeting. After discussion, Roszak moved, Wilkins seconded the motion to recommend approval of the preliminary plat subject to the following conditions: 1. A 60 -foot half right of way shall be dedicated along the length of Yankee Doodle Road bordering on the property. 2. The plat shall be subject to Dakota County Plat Commission's recommendations. 3. That the owner will waive objection to special assessments fo "r Yankee Doodle Road improvements being assessed by the City. 4. Ten -foot drainage and utility easements shall be dedicated adjacent to all property lines. 5. Compliance with all applicable ordinances. All voted in favor. Next Roszak moved, Wilkins seconded the motion, to approve the variance for zero setback due to the existing location of the building in relation to railroad right of way but with the understanding that no future construction will be permitted either for new buildings or additions within the plat that would not comply with the setback requirements. All voted yea. R.L. JOHNSON VARIANCE The application and hearing concerning R. L. Johnson for variance from minimum lot coverage of 35% to 40.7% lot coverage on the R. L. Johnson warehouse property north of Highway 113 was next convened. Representatives of R. L. Johnson were present and there were no objections to the application. The 64,000 square foot addition proposed would be approximately 5.7% above the lot coverage maximum. There is provision for an additional 100 parking spaces. Mr. Roszak indicated that there did not appear to be any special hardship here and no reason to vary the ordinance requirement. There was discussion concerning changing lot coverage requirement under the ordinance. Roszak moved to recommend denial for lack of hardship. The motion died for lack of -a second. Harrison moved, and Wilkins_ seconded the motion, to continue the hearing until the next regular meeting in August for the staff to review the 35% lot coverage issue and to report back its recommendations to the committee. All voted yea. a-7 • SUBTECT TO APPROVAL MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING CO'!MISSION EAGAN, MINNESOTA AUGUST 27, 1980 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, August 27, 1980, at the Eagan City Hall. Those present were Chairman Harrison, Bohne, Krob, Gits, Wilkins, Hall and Roszak. Also present were City Public Works Director Colbert, City Planner Runkle, City Engineer Rosene, and City Attorney Hauge. MINUTES Upon motion by Wilkins, seconded Bohne, it was RESOLVED that the minutes of the July 22, 1980 meeting be approved with the exception on page 1, that July 9 should be July 8. All voted in favor. AGENDA The agenda was approved with the exception that Marlo Miller's application for variance was placed at the top of the public hearing agenda to accomodate Mr. Miller. R.L. JOHNSON FIRST ADDITION VARIANCE The continued public hearing concerning the application of R. L. Johnson for variance from the 35% industrial lot coverage requirement on Lot 1, R. L. Johnson First Addition was next considered. It was noted that the hearing had been con- tinued from the July 1980 meeting. Representatives of R. L. Johnson were present and briefly explained their proposal. Dale Runkle reviewed with the Commission his findings in investigating lot coverage provisions in other neighboring municipali- ties and indicated that the requirement varies substantially from one community to another. There was discussion about compliance with the maximum coverage requirements under the ordinance and a question was raised whether there was a hardship pre- sent. Krob moved, Gits seconded the motion, to recommend approval of the appli- cation because all performance standards appeared -to have been met and that in one other application the City granted a variance from the 35% maximum lot coverage provision and further that the Commission intends to recommend a study of lot coverages under the existing ordinance; further, subject to the following: 1. That a detailed site plan of the existing building, the building addition, parking and landscaping be approved by the City staff. 2. All easements shall be required per recommendations of City staff. 3. The parking area shall be surfaced and concrete curbing be provided around the perimeter of the parking lot. 4. A $2,000 landscaping bond shall be required and not released until one year after the landscaping has been completed. 5. A grading and drainage plan be approved by the Engineering Division prior to final plat approval. 6. The existing 8" watermain within this property shall be extended to the southwest property line for future extension and looping and that a 15' easement centered over this watermain be dedicated. -%r% Agenda Information Memo August 28, 1980 Page Ten I.D.R. REQUEST /YANKEE SQUARE OFFICE II B. Application of Yankee Square Office II for I.D.R. Financing for an office building in the Amount of $995,000 -- An application was received from Martin and Vernon Colon for Industrial Revenue Financing to construct Yankee Square Office II. The amount of the issue is $995,000. ACTION TO BE CONSIDERED ON THE MATTER: To accept the application and set a public hearing for the October 7, 1980, City Council meeting. I.D.R. REQUEST /YANKEE SQUARE OFFICE III C. Application of Yankee Square Office III for I.D.R. Financing for an office building in the Amount of $1,095,000 - An application was received from. Martin and Vernon Colon for Industrial Revenue Financing to construct Yankee Square Office III. The amount - of the issue is $1,095,000. ACTION TO BE CONSIDERED ON THE MATTER: To accept the application and set a public hearing for the October 7; 1980, City Council meeting. a Agenda Information Memo August 28, 1980 Page Eleven IMP. 80 -28 0 D. Imp. 80 -28 for Approval of Plans & Specifications (Deep Well #6 Pump) -- The plans and specifications have been prepared by the Consulting Engineering firm regarding the installation and operation of the engine and pump to be installed in the .newly - developed Deep Well #6. Plans have been reviewed by the Director of Public Works and it is his recommendation that the City advertise for bids. ACTION TO BE CONSIDERED ON THE MATTER: To approve plans and speci- fications for Imp. 80 -28 and order the advertisement for bids with the bid opening to be held September 25, 1980. REVISED PLAT - WALDEN HEIGHTS ADDITION E. Revised Preliminary Plat for Walden Heights Addition Submitted by Pilot Knob Estates Addition - An application wa-s submitted by Pilot Knob Estates, Inc., (Mike Gair) to revise Lot 3, Block 1, Walden, Heights Addition to allow the north 70 feet of Lot 3 to be platted as Lot 4, Walden Heights Addition. The purpose for the revised plat is to allow Northwestern Bell to construct a sub - scriber building on Lot 4. The location of a subscriber building is required to provide better telephone service to residents within the area. Presently, Northwestern Bell Telephone Company has ex- ceeded its capability for providing private lines due to the growth in the City of Eagan, and it has become necessary to install party lines for new residential construction until additional subscriber buildings can be constructed. The revised preliminary plat as presented by Mr. Gair is being recommended for approval by the Advisory Planning Commission. The public hearing was held at the August 26, 1980 Advisory Planning Commission meeting, and due to the urgency for Northwestern Bell to construct a subscriber building in that location, the preliminary is being considered at the Septem- ber 2 City Council meeting rather than at the September 16 meeting. For additional information on the matter, please refer to the City Planner's report, a copy is enclosed on pages 3�_ through 3 s ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the revised preliminary plat as presented for Walden Heights Addition. b SUBJECT: CITY OF EAGAN REVISED PRELINMNARY PLAT APPLICANT: PILOT KNOB ESTATES INC., MIKE GAIR LOCATION: NEk OF SECTION 33 EXISTING ZONING: R -1, RESIDENTIAL SINGLE DISTRICT , DATE OF PUBLIC HEARING: AUGUST 26, 1980 DATE OF REPORT: AUGUST 20, 1980 REPORTED BY: DALE C. RUNKLE - CITY PLANNER. APPLICATION SUBMITTED Application submitted is a request to revise Lot 3, Block 1, Walden Heights Addition to allow the north 70 feet of Lot 3 to be platted as Lot 4, Walden Heights Addition. COMNTS The reason for this request is that Northwestern Bell is looking for three locations in the City of Eagan in order to construct three subscriber buildings in order to , provide better telephone service for the.residents within this area. In revising the Walden Heights preliminary plat allows for one location of the three proposed in Eagan. The proposed location for the subscriber station would be the newly created Lot 4, Block 1, Walden Heights Addition. The building to be constructed would have the dimensions of 17 feet by 13 feet and would be set back approximately 36 feet from Cliff Road right -of -way. Access to this proposed building would be from Cliff Road. Ordinance 52.06, Subdivision 8, states that it shall be unlawful to install, con - struct, erect, alter, revise, reconstruct or move any pipeline, underground telephone line, underground electric transmission line and overhead electric transmission line Including structures related thereto without first obtaining the approval from the Eagan City Council and issuing said approval, the Council shall find that: -A. The proposed location of the essential service shall not unreasonably interfere with future land use of the City. B. The depth of any buried essential service-shall-be at a depth that will-not cause future problems with road, streets, utilities, or buildings. C. The width of any linear easement or rights -of =way shall not be such that it will unreasonably interfere with future land.use. Northwestern Bell is proposing to purchase Lot 4 in the Walden Heights Addition for this utility building. If approved,.the plat should be subject to the following con- ditions: 31 CITY OF EAGAN PILOT KNOB ESTATES INC. AUGUST 20, 1980 PAGE TWO 1. An architectural plan and site plan shall be approved prior to the construction of the building. 2. Lot 4 shall only be used for a utility building. 3. All easements shall be required in accordance with the recommendations of the City staff. �a 4 Nan: KtMK TD r-K1 C�11100 �D WRO W 0 i ImItIT 4,� 95 1!),5 Oaf F/W w /rum -ftK NA-DrUl EWl T WALDEN HEIGHTS 33 1 LtJtl� f f��- Y-If�T � �NL 7035 WAVM& = NMV NMNNN EAFOi,-rZ:) )wq 5 tz b J7 1 -7 '_, y J3 ;,o • Yom/ C / �I! t r 11 V y _ Du Iz - IF _ .., ✓E: NT JUWMIK-' Y t QR355AM -A 466p40lC3 s d•� •,OTNl[!i - '.W D!nG�TCN Ito W MT&: ftT3 50 S' fM1ilYs 'ro e- -rt; _:s 505S X-NurT JA WA RY6G�L. so >_�..._+ a• t G CUTLor A LLp( L -1dT - X5TING ZLNW A -?6 MXrD GD ZONF4 - Rl Preliminary Plat t • Iq 80 1 f� .�C "" .i. x'94 i � �,�i',+ ''�:'.'.•.'.•.'•. I �c4S I (. !1 :C•'•' C",. • � .fir 4: r rr Lr .. �h - / - G�'� • �•;� Bp2 C rte,.. }�,J ;[ l:� � , .fj�•; , ^� =- ;�. r Jam►) �'��• - � �A�,t -'� ^' ��,� ' `j' j „l? ' 3 ,•)•'+ t'i.l: ) j;J.'1..`j :,i. J nl - J j v ,� ,i' 1..J i.�- !rni oe JA �y,�• J .t � , "f f w� 'J :t )'�.%i �•,� � ' 1 ../ vJ � , .�I d �' ./' � j.i rl w � it =�..ti l . � ��Yl •!,. f�� �! y� li �,` .��. icy `n ! � � .'j�.) y ��.J.'Z!•� �fl.��� J.7 i• i. �1 �l Y�M'.�C^h.. /�', 41-'4 :4�.�' `�1 V J, J ?• � � ;��� �; /•,�)Jr�•j:e�'tj ��tJ•,.. 1iy ��•s �'•'`. Li � •� J \�'- •'�.... -1 ,� �!� F. , +' R -- ,�/i!J ,, + vI'+�1'4J {�`� �. ~S"•T 1 t - %� %•�` J. jl -� .� � •+,,,� jY : i .pia �, :l?, ✓.i : >� - ,u'; �Y�' •��� .7'�'. , ?s- .?y �• . ti•�- �:.}•; ''^: .�, -� • � ` j,•� -, _ i j v 1i t 35 0 Agenda Information Memo August 28, 1980 Page Twelve NORTHWESTERN BELL - SUBSCRIBER STATIONS F. Northwestern Bell Telephone Company for Site Plan Approval for Three Subscriber Carrier Buildings Located at: (1) Walden Heights Addition, (2) Safari Pass and Galaxie Avenue, and (3) SEk of SWk of Section 21, North of County Road 30 -- The Advisory Planning Commission considered a request by Northwestern Bell to install three (3) subscriber stations which will increase the capacity of the telephone lines within Eagan and the surrounding area. As explained in the previous item, Northwestern Bell has run out of its capability to provide private lines, and, therefore, many homeowners within the new construction areas are required to join in a party line. Construction of additional subscriber stations will approximately double the present line capacity and relieve this problem. The APC spent considerable time reviewing the items, expressing concern about the design and number of sub- scriber stations to be located throughout the community. However, - action was taken to recommend approval of the site plans to the City Council. Enclosed is a copy of the report prepared by the City Planner, found on pages 37 through 443 , and also a copy of a memorandum outlining concerns of the Planning — Commission mem- bers as it relates to this agenda item. For information regarding the action taken by the APC, please refer to page 4`,y ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the recommendation of the APC to approve the site plan for three sub- scriber carrier buildings; locations as specified. 3(10 CITY OF EAGAN SUBJECT: SITE PLAN REVIEW • APPLICANT: NORTHWESTERN BELL A. LOT 4, BLOCK 1, WALDEN HEIGHTS ADDITION LOCATION: B. NW QUADRANT OF SAFARI PASS & GALAXIE AVE. C. SE4 OF THE SW4 OF SECTION 21 NO. OF CNTY. RD. 30 EXISTING ZONING• Varies from A (AGRICULTURAL) to R -1 (RESIDENT.SING.DIST.) DATE OF PUBLIC HEARING: AUGUST 26, 1980 DATE OF REPORT AUGUST 20, 1980 REPORTED BY: DALE C. RUNKLE, CITY PLANNER COPNufENTS : Northwestern Bell has requested to install three subscriber stations which will in- crease the capacity of the telephone lines within Eagan and surrounding area. It is the staff's understanding that the equipment within these buildings would double the present line capacity. As mentioned in the Walden Heights' report, the buildings would be 17.5 feet by 13.5 feet, or a total of 240 square feet, and would have their own individual driveway. At the present time Northwestern Bell has only selected the locations they would like to locate these structures, and they have done nothing at this time regarding the ar- chitectural design of the building or the landscaping of the remainder of the lot. Ordinance 52.06, Subdivision 8, Public Utilities Section states, "it shall be unlawful to install, conduct, erect, alter, revise, reconstruct or move any pipeline, under- ground telephone line, underground electric transmission line, or overhead electric transmission line, including structures related thereto without first obtaining ap- proval from the Eagan City Council. In issuing said approval, the Council shall find that: A. The proposed location of the essential service shall not reasonably interfere with future land use of the City. B. The depth of any buried essential service shall be at a depth that will not cause future problems with roads, streets, utilities or buildings. C. The width of any linear easements or rights -of -way shall not be such that it will unreasonably interfere with future use." Locations A & B appear to be in places which would not have potential problems in.the future in accordance with 52.06, Subd. 8. Location C appears to be within the future alignment of Thomas Lake Road extension to the north. The proposed facility in this location should be shifted either to the east or west after the City has determined the alignment of the extension of Thomas Lake Road. Once Thomas Lake Road alignment has been established, the staff could work out the location for the proposed facility. If approved', the site plan shall be conditioned upon: 3'1 CITY OF EAGAN SITE PLAN REVIFN - NORTHWESTERN BELL AUGUST 26, 1980 PAGE TWO 1. Staff would approve detailed landscape plans and architectural plans for the structure. 2. All driveways shall have asphalt surfacing and concrete curbing. 3. The location shall only be used for the proposed subscriber buildings and no other material shall be stored on the site. l,. If easements are required, set easements shall be dedicated to the City. 5. Locations which are not on an individual lot shall be platted when the surround - ing area is platted. 3� cleol IW to I� I� i ! 2 0 L-.-L A 0 v 0 i� �V 1� • T ZD �5 J coo S.5 M :751 ti i I 1 I WALDEN HEIG T5 39 7035 MINNFWC r)�MN Sari f3L.bG s �!E �� F i � I J L4 V � f r�r �r t j I 1 J 1 i 1 1 4WD - V i C3yc. Jul r J' t IS, X C QI }t r 0A 0 lip - Sec-21, T27N - R 2' �I 4 � 18 1 / `� J 1 •• is ,.1 - - - - - -- — �'• 1 — . -> . /vim ��_ >- "�c�i�✓. ���� ` �' �-Ct 0 0 APC Minutes August 27, 1980 Page Four NORTHWESTERN BELL SITE PLAN REVIEW An application of Northwestern Bell Telephone Company for site plan review for subscriber stations which will increase the capacity of the telephone lines within Fagan and the surrounding area was next considered by the Planning Commission. Mr. Glen Hampton of Northwestern Bell was present and explained the proposal in detail. It was noted that no architectural design or landscaping plans have been prepared and-that the property will house facilities to reduce cost with smaller cable and Tess copper requirements. The current plan is that these units will be scattered throughout the community and will require no full time personnel and only occasional maintenance. Mr. Hampton indicated that Northwestern Bell intends to comply with the area architectural and visual 'standards including landscaping and that the applicant will present the plans to the City when they are prepared. There were concerns by Commission Members as to how many such facilities will be required in the City using present technical knowledge and Mr. Hampton indicated that although studies have taken place, they cannot give exact projections of future needs throughout the City. It was noted that only City Council permission was required but the site plan review was submitted to the Planning Commission for dis- cussion and comment. The staff further recommended that the Planning Commission review the proposal but that conditions cannot be imposed at the present time. The conditions that were outlined by the staff include the following and were agreed upon but no action was taken: 1. Staff shall approve detailed landscape plans and architectural plans for each structure when the building permit is requested. 2. All driveways shall have asphalt surfacing and concrete curbing. 3. The location shall only be used for the proposed subscriber buildings and no other material shall be stored on the site. 4. Easements shall be dedicated to the City as determined by the City staff. 5. Each location which is not on an individual platted lot shall be platted when the surrounding area.is platted. 6. Zoning shall comply with most compatible surrounding zoning for each site. No action was taken.` 4q 4P TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, CITY PLANNER DATE: AUGUST 28, 1980 L' SUBJECT: ADVISORY PLANNING COMMISSION CONCERNS REGARDING THE NORTHWESTERN BELL'S SUBSCRIBER STATION PROPOSAL On August 26, 1980, the Advisory Planning Commission heard the presentation of Northwestern Bell's proposal to locate three subscriber stations within the southern portion of Eagan. Advisory Planning Commission expressed concerns regarding three buildings in such a small area and inquired what would be the maximum number pro- vided in Eagan for saturation. The Advisory Planning Commission also inquired if the proposed buildings could be increased in size to reduce the three proposed sub - scriber stations to two subscriber stations. The representative from Northwestern Bell indicated that the reason for the three is that radius or distance wire can be run from each building cannot contain more than 14 ohms of resistance. There - fore, it is not the size of the structure, but the distance the structure is away from the service area. Other concerns expressed by the Advisory Planning Commission related to the build- ings being aesthetically appealing to the neighborhoods which they are located. At the present time, Northwestern Bell did not have any detailed designs for any of the three facilities but indicated that anything the City of Eagan would re- quire, Northwestern Bell would provide. This means if the City requests that each subscriber building be brick and have landscaping suitable to the surrounding area, Northwestern Bell would provide that type of building. Last item the Planning Commission discussed was when the Lexington Telephone Office is going to be upgraded for the modern service. One member of the Planning Commis- sion indicated that the Eagan station is one of the last on Northwestern Bell's list to be upgraded and wondered if anything could be done to provide better and more modern service within the area. The'Advisory Planning Commission did not take any action on the three locations or sites because they indicated that according to Ordinance 52, the City Council shall determine locations for utility buildings within the City of Eagan. If you have any questions, or would like further information regarding Northwestern rl'proposed subscriber stations within Eagan, please.feel free to contact me. &/jac L4 Agenda Information Memo August 28,1980 Page Thirteen • IMP. 80 -13 A. Execution of Contract for Imp. 80 -13 for 1980 Seal Coat with G & L Seal Coating, Inc., in the Amount of $89,362.23 -- The con- tract between the City of Eagan and G. & L. Seal Coating, Inc., is in order for consideration. ACTION TO BE CONSIDERED ON THE MATTER: To authorize the Mayor and City Clerk to execute the contract for Imp. 80 -13 with G. & L. Seal Coating, Inc. IMP. 80 -20 B. Bid Award for Imp. 80 -20 (Northview School Utilities) -- The bid opening for Imp..80 -20 was held at 3:00 p.m..on Thursday, August 28, 1980. A copy of the bid tabulation sheet is enclosed on page for your review. The Director of Public Works is in the process of reviewing all bids and will make a recommendation at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the successful bid for Imp. 80 -20 as recommended by the Director of Public Works. 45 CCNT'ACTCRS OCR FILE NO. 49178 NORTHVIEW SCHOOL & SCHMIDT ADDITION FROJECTS 299 & 304 CITY IMPROVF-IENT NO. 80 -20 SANITARY SE'W'ER & WATER?1AIN FOR EAGAN, MINNESOTA BID TI *IE: 3:00 P.M., C.D.S.T. BID DATE: Thursday, A uz. 2$ 1980 TOTAL BASE B ?D 1. Richard Knutson, Inc. 348,987.10 2. Fredrickson Excavating Co. 355,229.70 3. Fischer Construction Co. 362,459.50 - 4. Lametti & Sons 363,000.00 5. ACG Mechanical 369,536.50 6. Parrott Construction 3691720.34 7. Encon Utilities, Inc. 382,619.00 8. Nodland Associates, Inc. 394,060.00 9. Barbarossa & Sons, Inc. 411,530.00 10. Austin P. Keller Construction 412,210.00 11. C. W. Houle, Inc. 416,326.00 ENGINEER'S ESTIMATE----------- -- - - -- $385,000 W( Agenda Information Memo August 28, 1980 Page Fourteen IMP. 80 -27 C. Bid Award for Imp. 80 -27 (Brittany Second and Third Utilities) -- The bid opening for Imp. 80 -27 was held at 3:00 p.m. on Thursday, August ,28, 1980. A copy of the bid tabulation sheet is enclosed on page !49, for your review. The Director of Public Works is in the process of reviewing all bids and will make a recommendation at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the successful bid for Imp. 80 -27 as recommended by the Director of Public Works. y� VARIOUS STREET IMFROVE,-iENTS PROJECTS 266B, 302E & 303B CITY I ?TROVE "ENT NO. 80 -27 FOR EACAN, MINNESOTA CCN7",ACTCRS OUR FILE NO. 49201 I BID TrME: 3'00 P.m., C.D.S.T. BID DATE: Thursday, Aug. 28, 1980 TOTAL BASE BID 1. McNamara Vivant Contracting 16216-26 nn 2. B -Tu -Mix Construction 4r) 3. Fischer Construction Co. 175.684.30 4. Bituminous Roadways, Inca 175.963.80 5. Minnesota Valley Surfacing 185 469.00 tir,I1EER'S ESTIMATE----------------- - - - --- $192,000 4AC6 Agenda Information Memo August 28, 1980 Page Fifteen IMP. 80 -19 D. Bid Award for Imp. 80 -19 (Twin View Manor Utilities) -- A bid opening for Imp. 80 -19 was held at 3 :00 p.m. on Friday, August 293 1980. A copy of the bid tabulation sheet is enclosed on page _50 for your review. The Director of Public Works is in the process of reviewing all bids and will make a recommendation at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the successful bid for Imp. 80 -19 as recommended by the Director of Public Works • 0 OUR FILE NO. 49131 TWINVIFW MANOR SANITARY SEATER, WATERMAIN & STORM SE'W'ER PROJECT NO. 264 CITY IMPRCV;--ENT NO. 80 -19 FOR EAGAN $ MINNESOTA CONTRACTORS 1. Sandmark Construction Co. 2. Parrott Construction Co. 3. Richard Knutson, Inc. 4. Fischer Construction Co. 5. Encon Utilties, Inc. 6. ACG Mechanical 7. C.W. Houle, Inc. 8. .austin P. Keller Construction 9. Fredrickson Excavating 10. Nodland Associates, Inc. 11. Barbarossa & Sons, Inc. 12. Lametti & Sons, Inc. 13. Gartzke Construction Co. BID TIME: 3:00 P.M. C.D.S.T. BID DATE: Frida ug• =g�0 TOTAL BASE BID $164,279.50 169,714.00 169,777.00 170,454.50 170,526.00 187,985.20 188,635.00 193,500.00 249,500.20 NO BID NO BID N0 BID NO BID ENGINEER'S ESTIMATE - ------ - - - - -- S184 000 60 Agenda Information Memo August 28, 1980 Page Sixteen IMP. 80 -16 E. Execution of Contract for Imp. 80 -16; Galaxie Avenue with Enebek Construction in the Amount of $174,519.50 -- The contract between the City of Eagan and Enebek Construction is in order for consideration. ACTION TO BE CONSIDERED ON THE MATTER: To authorize the Mayor and City Clerk to execute the contract for Imp. 80 -16 with Enebek Construction. s /Thomas L Hedges - City — Administrator MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 28, 1980 SUBJECT: INFORMATIVE MEMO Enclosed cn page 516 is a copy of a memo from teh League of Minnesota Cities entitlecr "Local Government Day ". We might want to give some thought to -sponsoring a Local Government Day in our community. To follow the suggestions in the memo, the City has never formally dedicated the flagpole with the plaque which was agreed upon -`over a year ago. Another possibility is Northview Athletic Field or the Thomas Highline Trail. We can discuss the matter in further detail -on Tuesday or even at the September 16, 1980 meeting. Enclosed on page $4 is a copy of a letter received from Ron Johansen regard ing -F1s interest in serving in come capacity with the Cable Television Committee. His letter was received after the July 15, 1980 City Council meeting when the.appointments were made. However, the time is approaching when we will hold our first meeting, and I thought you should be aware of his interest and may wish-to consider an appointment. Enclosed on pages 5_ through is a copy of the most recent statistical data concerning the Clityl s Tax Exempt Home -Loan Mort- gage Program. Please be advised that there will be no Administrative Packet on Monday, September. 1, 1980, because the City will be observing the Labor Day holiday. Enclosed on page $ _ is a paragraph which should have been in the minutes of August 5,. 1980, and which should be amended into those minutes at the meeting on Tuesday. Enlcosed on pages through (o is a letter from Kevin Eide of the City Attorney's office concerning the Metropolitan Council powers as they relate to the amendment of the Comprehensive Plan and the control of on -site sewage systems. Also enclosed on page _ is a memo from -the City Planner, Dale Runkle, containing an update on the Comprehensive Plan amendment procedure. s /Thomas L. Hedges City mrnistrator IIII 1 _U league of minnesota cities Ajgust 8, 1980 TO: Mayors, Managers and Clerks FROM; Louise Kuderling (, RE: Local Government.Day Local Government Day will be Tuesday, October 21, 1980. This day has been selected to recognize the importance of city government in our way of life and to-focus on the diversity of services provided for our citizens. Although one day has been chosen as a focal point, any time during the week, or even .the previous weekend, can be used for various events to celebrate the day. You can start now with preliminary planning. There are a number of activities to consider. Perhaps your first step would be to appoint a Local Government Day Committee. Another early act could be the adoption of a council resolution in recognition of.the Day. If you have a new building, park, or development area to dedicate, the ceremony can be planned for Local Government Day or sometime that week. You can have an Open House, a tour of city facilities, a demonstration or display of new equipment, and many other ideas that your committee can come up with, tailored to your community. Other general ideas are to swap mayors with a nearby rival city; have high school students act as "council for a day "; encourage service clubs to arrange programs that week on city progress or plans for the future; have a luncheon to recognize long -time city employees, to name a few. Public,4ty and cooperation of the news media will be central to the success of the undertaking. You will want to arrange for coverage of Local Government Day activities in your area Also, you will want to develop banners, posters, flyers and other materials to call attention to the Day. No one city needs to do everything suggested here but it should be possible to find some way to observe the Day. The League will follow up this initial notice in a couple of weeks with more detailed suggestions and aids for preparing publicity materials. If you have any questions or suggestions, please call the League office. LK;rmm 300 hanover building, 480 cedar street, saint paul, minnesota .55101 C61 2) 222 -2661 53 RONALD JOHANSEN 1321 CARLSON LAKE LANE EAGAN, MINNESOTA JULY 16, 1980 THOMAS HEDGES CITY ADMINISTRATOR EAGAN CITY HALL 3795 PILOT KNOB ROAD EAGAN, MINNESOTA DEAR TOM: PER OUR TELEPHONE CONVERSATION, I AM WRITING TO OFFER MY SERVICES ON THE COMMITTEE LOOKING INTO THE FEASABILITY OF CABLE TV FOR THE CITY OF EAGAN. I HAVE LIVED IN EAGAN FOR OVER 10 YEARS AND I AM A SALESMAN SELLING -39 HOUSES FOR TILSEN HOMES IN EAGAN. I PERSONALLY HAVE A GREAT INTEREST IN CABLE TV AND WOULD LIKE TO BE CONSIDERED FOR THE COMMITTEE. SINCERLY, RON JOHANSEN StI DAI'I:: August 2.1980 Total Amount of Pre- Camdtted I;oans Percentage of Loans Pre- Ca*mitted Total Number of Loans I`verage !Mortgage Amount A \\-rage Sale Price ,average Appraisal Value :voracge Adjusted Gross Inoane Average Gross Income q�ye of loan: Insured Conventional Uninsured Conventional FHA VA Graduated Pledge loan to Value Ratio: Insured Conventional Uninsured Conventional Nu,,,, per of New Construction Loans 'vtmiLer of Existing Loans h; of Excelling: Single Family To %rlx)use Con,djm iniutn Mobile Hares Average Previous Residents %'LT4)e-r of Renters ',A nber of Owners Sex: Male File Average Family Size Av ex age Number of Children �tirital Status: Married Single Joint Dollar Amount of Loans Funded Ntanber or Loans • CITY OF F ,C-, N Statistical Data -- Amount of Program $16,940,000 $ 3,179,300 5S $ 996,150 17 19 % low Income Basic Inane 34 21 $ 57,611 $ 58,024 62,321 63,679 62,801 64,912 20,905 24,791 22,214 26,398 0 3 1 3 8 11 7 4 18. 0 -- - 87% 74% 77% 17 - 8 17 13 25 15 6 6 3 0 0 0 26% 67% 25 17 9 4 26 21 1.9 2.3 17 17 $ 996,150 17 • DATE: August 27, 1980 CIY CF EACUAN $16,940,000-- T,axnint of Pn:kjram Dollar Amount of Fluids Rem<air:ing $ 12,476,700 Low Inc.une $ 5,632,500 Basic lnaxiie $ 6,844,200 Single Family Funds Remaining $ 6,691,100 Condo Funds Ranainng $ 3,234,050 ^bwnhouse Funds Remaining $ 2,551,550 Mobile Fiane Funds Remaining $ 1,694,000 Conventional 95% Funds Remaining $ 1,694,000. Graduated Conventional Funds Reriaining $ 2,819,900 Graduated 95% Conventional Fluids Remaining $ 1,727,200 Total Pre- Comnit--,-weent Amunt $13,760,700 SO REGULAR EAGAN CITY COUNCIL MINUTES ADDENDUM AUGUST 5, 1980 WINDTREE ADDITION FINAL PLAT The next application concerned the application of Niakwa Corporation for final plat approval of Windtree Addition. It was noted that Windtree Addition is the first phase of development of the Windtree development and it was recommended that the developer be required to post a cash escrow pending completion of park dedi- cation and further compliance with all other conditions of the Planning Commission. Smith moved, Wachter seconded the motion to approve the final plat conditioned upon posting the cash escrow for park purposes and compliance with necessary ordinances and conditions for approval of the plat. All voted in favor. S'1 • • PAUL H. HAUGE & ASSOCIATES, P. A. ATTORNEYS AT LAW 9908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HAUGE AREA CODE 812 BRADLEY SMITH August 28, 1980 TELEPHONE 454.4224 KEVIN W. EIDE Mr. Thomas L. Hedges, City Administrator City of Fagan 3795 Pilot Knob Road Eagan, MN 55122 Re: Metropolitan Council Powers Amendment of Comprehensive Plan and Control of On -site Sewage Systems Dear Mr. Hedges: On August 19, 1980, the Eagan City Council directed our office to prepare a legal memorandum concerning the amendment procedure and powers of the Metro- politan Council. At this time I am also responding to inquiries regarding the powers of Met Council or the Metropolitan Waste Control Commission to control on -site sewage disposal systems. AMENDMENTS TO THE COMPREHENSIVE PLAN The broad powers of the Met Council to review amendments to the Comprehensive Plan are set forth in M.S.A. 473.864, Subd. 2: "Amendments to comprehensive plans of local governmental units and to capital improvement programs of school districts shall be prepared, submitted, and adopted in the same manner as the original plans and }programs." I am sure that staff and Council are familiar with the procedures for initial approval of the comprehensive plan and are aware that they are cumbersome and time consuming. Irregardless of statutory authority to require full review time, under powers granted under M.S.A. 473.854, the Metro Council is in the process of preparing guidelines to streamline this amendment process. Even so, the process might still be time .consuming. Upon discussions with City Planner Runkle, it appears that the most recent guideline proposal would require the submission of any plan amendment to the Met Council and to "adjacent local governmental units" for informational purposes. The Met Council must determine whether the amendment meets a "threshold" within 30 days of submission. If the "threshold" is met the Council would have an additional 60 days to review the plan amendment and make its comments. If comments are made these must be incorporated into the comprehensive plan pursuant to M.S.A. 473.175. Mr. Hedges • • August 28, 1980 Page Two The consideration of this policy statement and the "threshold" guidelines is apparently to bring the Council within the powers granted to it under M.S.A. 473.173 which limits its authority to "review all proposed matters of metro- politan significance." Other portions of the statutes also reflect this legislative intent. The threshold guidelines presently being advocated by the Met Council include: a. Any change in the area to be served by public or private sewer service from that identified for such service in the local sewer policy plan b. Any change in the timing of provision of public or private sewer service from that identified in the local sewer policy plan. C. Any change in the local sewer policy plan resulting in effluent flow exceeding the 1990 or five -year staging forecasts previously pro - jected in the local sewer policy plan or any change in the sewer policy plan or implementation program, standards and conditions for the instal- lation and operation of private sewer .facilities. d. Any change in the land use plan for an area within 1,000 feet of a regional recreational facility. e. Any change to the local transportation plan regarding a facility that abuts or intercepts a regional recreational facility. f. Any change in the land use plan enabling the change of 10 or more acres from residential to commercial or industrial use. g. Any change to the land use plan changing land use or density of development in the rural service area or changing the area identified as the rural service area h. Any change in the land use plan enabling, within one -half mile of a metropolitan interchange or of a principal or intermediate arterial, a nonresidential use over 10 acres in size or a residential development of 200 or more dwelling units. i. Any change in the land use plan enabling the construction of a facility that would constitute an obstruction to air navigation, within the meaning of Volume 14 of Minnesota Code of Agency Rules (MCAR) Section 1.3009. j. Any.change in the land use plan enabling, within an airport influence area,.a change to residential use from any other land use. k. Any change. in the land use plan for an area of more than 20 acres. 1. Any change in the land use plan for an area within 1,000 feet of the local governmental boundaries. sct Mr. Hedges 0 August 28, 1980 Page Three The City staff has taken the position that these guidelines are too inclusive and have no relationship to the Council's authority to review matters of metropolitan significance. Other statutory sections affect the amendment process. M.S.A. 473.865, Subd. 3 requires: "If an official control (defined as ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps by M.S.A. 478.852, Subd. 9) conflicts with a comprehensive plan, the official control shall be amended by the unit within nine months following the amendment to the plan so as not to conflict with the amended comprehensive plan." This section would require that all official controls be corrected after each comprehensive plan amendment. The Municipal Planning Sections, specifically M.S.A. 462.355, Subd. 2, pro -. vides for the procedure by which the City may adopt an amendment to the comprehensive plan. This procedure, by itself, does not require submission of the plan amendment to the Met Council. This procedure can be read as consistent with the statutory provisions of M.S.A. 473.858 and 473.175 which provide that Met Council review must occur prior to the final adoption by the governing body of a municipality. Finally, subdivision 4 of M.S.A. 362.355 would appear to authorize the City to adopt an interim ordinance or official control (defined above) which could take effect during the amendment review period and would regulate, restrict or prohibit any use or development within all or part of the City. However, the availability of an interim ordinance or official control would not appear to be -of any usefulness where Met Council review will eventually be necessary. The Metropolitan Council does appear to have the statutory authority to review all amendments to the comprehensive plan which have metropolitan signifi- cance. The staff is still attempting to have the guidelines adopted by the Metropolitan Council streamlined. A concern related to the amendment process, has been raised by staff. M.S.A. 473.865 requires the adoption, within 30 days of the final adoption of the comprehensive plan, of official controls which are consistent with the compre- hensive plan.. The comprehensive plan as presently proposed by the City sets forth ultimate future land uses and not present uses. M.S.A. 473.865 would therefore, require the immediate rezoning of those parcels to comply with the future uses resulting in the down zoning of some parcels and the rezoning of agricultural land when such rezoning would not permit the present agricultural uses._ Of course, compliance would be impossible and statutory corrections will be suggested by the Metropolitan Council or municipality. In conclusion, the Metropolitan Council has broad statutory powers which could I be restricted by the concepts of metropolitan significance or municipal autonomy. The Eagan staff has taken -a lead among municipalities to restrict this power through negotiation of guidelines. I am sure any objection through the Courts to restrict the Met Council's power would meet extreme opposition. Mr. Heages August 28, 1980 0 Page Four ON -SITE SEWER DISPOSAL We have been asked to review the powers of the Metropolitan Council and Metropolitan Waste Control Commission to require the City to comply with sewer policies, either mandatory hookup to metropolitan systems or control over density when private systems are contemplated. M.S.A. 4 73.859 does require the City to submit, as part of the comprehensive plan, a sewer policy plan including the standards and conditions under which the installation of private sewer systems will be permitted and further pro- viding, where possible, the areas not suitable for public or private systems because of public health, safety and welfare. This plan is subject to Met Council approval or disapproval. By the provisions of M.S.A. 473.513, the plan submitted by Fagan must be in conformance with the present Met Council policy plan and must be brought into conformance with any future policy plan the Met Council might adopt. This could have the effect of allowing the Met Council to dictate densities where private systems are used. Finally, the Metropolitan Council may require connection with the metropolitan system.. M.S.A. 473.515, Subd. 3 provides: "The (Waste Control) Commission may require any person or local govern- mental unit in the metropolitan area to provide for the fiischarge of its sewage, directly or indirectly, into the metropolitan disposal system Again, the Metropolitan Council has been given tremendously sweeping powers which might only minimally be tempered by the fact that their actions may only deal with matters of metropolitan significance. PHH:sk cc: Dale Runkle John Voss �D' Very truly yours, PAUL H. HAUGE & ASSOCIATES, P.A. Kevin W. Eide TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, CITY PLANNER DATE: AUGUST 28, 1980 SUBJECT: UPDATE ON THE COMPREHENSIVE PLAN AMENDMENT PROCEDURE At the August 19, 1980 City Council meeting, staff informed members of the City Council on what the Metropolitan Council is trying to adopt for the amendment procedures for the Comprehensive Guide Plans. The City of Eagan submitted testi- mony at the July 31st, 1980 public hearing opposing this proposed amendment process. Staff presently is meeting with Metro staff to try a produce a procedure which will be acceptable to both parties, Metropolitan Council and cities which have to adhere to the Comprehensive Plana At the present time, the Metro staff have indicated that the proposed revisions to the original amendment procedure are substantial enough for the Physical Development Committee to hold a new public hearing on the revised amendment procedure. Hopefully the new draft of the amendment procedure will be in a form of an EAW (Environmental Assessment Worksheet). This form will have questions regarding Metropolitan significance and will be filled out for any proposal which is'not consistent with the Comprehensive Guide Plan. The proposed review period could range from a minimum of ten days to a maximum of sixty days If the review ex- ceeds a thirty day time sequence, the burden of proof to require this additional review would be by the Metropolitan Council that the proposed project is of major significance and does require a longer review period. At the August 26, 1980 meeting with the Metropolitan staff, the staff had prepared a tentative schedule for completing the new amendment procedure. The tentative schedule is as follows: September 2 - The hearing record closes for the public hearing which was conducted July 31st, 1980. September 5 Staff completes summary of public hearing comment's and responds, plus a summary of meeting with the area planners. Report will be mailed to the Physical Development Committee and area planners. September 11 - Staff will discuss report with the Physical Development Committee. September 23 Meeting with the area planners and Met Council staff to work on 30 the new draft. October 3 Mail new draft of guidelines to Physical Development Committee and area planners October 7' Meeting with area planners to discuss draft if necessary. October 9 - Physical Development Committee approves drafts for new hearing and sets date. November 13 - Public hearing for the new draft of the amendment procedure. Mid- December - Adoption of the new amendment procedure. �a