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02/03/1981 - City Council Regular AGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL FEBRUARY 3, 1981 6:30 P.M. I. 6:30 _ROLL CALL & -PLEDGE OF ALLEGIANCE 6:33 ADOPT AGENDA AND APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS Q.� A. Fire Department �.� C. Park Department B. Police Department D. Public Works Department IV. 6:55 - CONSENT ITEMS [One (1) Motion Approves All Items] A. Non-Intoxicating Liquor License/St. John Neumann Church for 2-28-81 2 B. Combination Gambling License/St . John Neumann Church for 2-28-81 Q C. Resignation - Ron Johansen, Cable TV Advisory Committee Member Q. Ar D. Contract 216, Change Order #2 (Mallard Park Utilities) ik E. Contract 79-18, Change Order#3 (Brittany, Lake Park, Thomas e Lake Utilities) S F. Contract 216, Final Payment/Acceptance (Mallard Park Utilities) e. 5 G. Contract 217, Final Payment/Acceptance (Hilltop Estates Utilities) 5H. Contract 227A, Final Payment/Acceptance (St. Francis Woods et al Utilities) e. I. Contract 239A, Final Payment/Acceptance (Thomas Lake Rd. , Wescott Road et al Utilities) �o J. Contract 79-15, Final .Payment/Acceptance (Vienna Woods Streets) (o K. Ind. School Dist. #196, Deferment of Connection Charges to Assessments 1 L. I-494, MnDOT Plans & Specifications Approval (Minn. River Bridge #9217) M. Bond Reduction Request , Johnny Cake Ridge Addition SN. Bond Reduction Request , Ridgecliffe 2nd & 3rd Additions $ 0. Bond Reduction Request , Ridgecli.ffe 1st, 4th & 5th Additions o,g P. Project #325 (Timberline Addition Street Lights) Receive Report/ Order Public Hearing Q.SQ. Project #318 (Yankee Doodle Road Storm Sewer & Street) , Receive Report/Order Public Hearing �.� R. Excavation/Grading Permit , Block 8 - Eagandale Center Industrial Park (Raunhorst) V. 7:00 - PUBLIC HEARINGS Ip A. Imp. 326 - Storm Sewer & Sanitary Sewer Improvements to South Q Oaks Addition 0 a EAGAN CITY COUNCIL AGENDA FEBRUARY 3, 1981 PAGE TWO VI OLD BUSINESS '3A. Overbill Properties; -Inc:; --for Rezoning from A (Agricultural) to R-1 (Residential Single) and R-2 (Residential Double) and the Preliminary Plat for Overhill Farm Addition, SEk of Section -i =-25, -located -at- Dodd-and Cliff -Roads- Q Ar'% B. Designation of Official City Newspaper - - _ _ .-_ _ Sp C. Bid Award/Warning Sirens VII. NEW BUSINESS o (�� A. Musical Eateries, Inc. , (Cisco' s) , (Peter Krzyzaniak) for Conditional Use Permit for a Restaurant with On-Sale Liquor and Recreation, located in the NEz, Section 19, 3994 Cedarvale Dr. $Q B. Barrel Reconditioning, Inc. , (Jim Jordan) for q Variance from e' the Front Setback Requirements and Asphalt Surfacing for a Parking Lot and a Conditional Use Permit to Allow Outside Storage for Lots 17-18-19, Block 2, Eagandale Center Industrial Park No. 4, Section 11 Q 3 C. Final Resolution/Tax Exempt Financing for Yankee Square Office I q 3 D. Ordinance /#49, Parking of Vehicles in City Parks - Don Grant Q 93E. Contract 80-21, Approve Plans & Specifications/Order Bids Blackhawk Lake Outlet VIII. ADDITIONAL ITEMS Q 14 A. Revise Liquor License Policy p CIS B. Equipment Certificate Resolution e IX. VISITORS TO BE HEARD (For those persons not on the Agenda) X. ADJOURNMENT 0 MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 29, 1981 SUBJECT: AGENDA INFORMATION MEMO After approval of the January 20, 1981 City Council minutes and the agenda for the February 3,--1981 Ci-ty Council meeting, -the fol- lowing 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 be considered for the Police Department at this time. PARK DEPARTMENT C. Park Department -- There are no items to be considered for the Park Department at this time. PUBLIC WORKS DEPARTMENT D. Public Works Department -- There are not items to be considered for the Public Works Department at this time.- There are eighteen 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 Additional Items 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. 3.2 BEER - ST. JOHN MEUMANN -CHURCH A. Non-Intoxicating, Liquor License/St. John Neumann Church for 2-28-81 - A non-intoxicating malt liquor license for the church of St. John Neumann is in order for consideration.. The application is for the Casino Night scheduled for February 28, 1981 to be located at the Church of St. John Neumann located on Pilot Knob Road. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the non- intoxicating malt liquor" license for St. John Neumann Church as stated. Agenda Information Memo January 29, 1981 _Page Two GAMBLING LICENSE - ST.: JOHN NEUMANN CHURCH B. Combination Gambling License/St. John Neumann Church for 2- 28-81 -- An application for a combination gambling license was submitted and all the information required by ordinance is in order for consideration. The gambling manager is Tom Gits and the license is to be valid for February 28, 1981 to be used for the Church of St. John Neumann' s fund raising activity entitled, "Casino Night". ACTION TO BE CONSIDERED ON THIS MATTER: To approve the combination gambling license as submitted by the church of St. John Neumann. RON JOHANSEN - CTAC C. Resignation for Ron Johansen as Cable TV Advisory Committee Member -- A ' letter was received from Mr. Ron Johansen, a member of the Cable TV Advisory Committee, stating that it will be necessary for him to resign as a member of the CTAC due to a change in working hours . A copy of Mr. Johansen' s letter to the City is enclosed'. on page 3, . for your review. The City Administrator will ask for a direct on as to whether the City Council desires to fill the vacancy created by Mr. Johansen. If the position is to be filled, a copy. those names of applicants for positions on the Advisory Planning Commission and Advisory Parks and Recreation Committee will be made available and all persons on the list will be contacted prior to the February 17 , 1981 City Council meeting. ACTION TO BE CONSIDERED ON THIS MATTER: To accept the resignation of Mr. Ron Johansen as a member of the CTAC. Z �� - ✓, C� Ron Johansen 1321 Carlson Lake Lane Eagan, Minn. 55123 g January 22, 1981 Tom Hedges City of Eagan 3795 Pilot Knob Road Eagan, Minn. 55122 Dear Mr. Hedges: It is with regret that I must resign my position on the cable T.V. Advisory Committee. Due to a change in working hours I will not be available for meetings in the evenings. I feel you, Tom, and the others on the committee are very capable and that needs of the people of Eagan in the area of Cable Television will be met. Sincerely, RON OHANSEN 3 0 • Agenda Information Memo January 29, 1981 Page Three CONTRACT #216 . MALLARD PARK UTILITIES D. Contract #216, Change Order #2 (Mallard Park Utilities) -- - Y This change order consists -of two (2) parts . -PART l consists of adding a storm sewer outlet grate to the existing-storm sewer in the Third Addition. (Add $635 . ) PART 2 is for an adjustment of facility structures to accommodate theeveloper' s grade --change. (Add $5 ,992. ) . These costs were taken into consideration when compu- ting the final costs for assessments for the above referenced con- tract as being the responsibility of the developer. ACTION TO BE CONSIDERED ON THIS MATTER: To approve Change Order #2, Contract 216, for Mallard Park Utilities in the amount of $6 ,627. CONTRACT 79-18 CHANGE .ORDER #3 E. Contract 79-18, Change Order #3 (Brittany First, Lake Park, Thomas Lake Additions Utilities) -- There are four (4) pants to this change order. PART 1 includes the restoration of the Scherer property as required to 65tain the necessary easements to provide sanitary sewer service to the Lake Park and Thomas Lake Additions . (Add $2 ,880,. ) PART 2 provides for the installation of a sanitary and water service o the Donald Rasmussen residence per their request at the time of installation of utilities to the Lake Park Addition. This cost was assessed against the benefited property. (Add $3 ,643. ) PART. . 3. due to scheduling conflicts of Dakota Electric Associatio ani to avoid a delay of the street improvement contract, electrical conduits were installed for future street crossings in Lake Park Addition and the Thomas Lake Addition. (Add $760. ) PART. 4, due to an incorrect grade and elevation being constructed on---e sanitary sewer in the Brittany First Addition, additional work will be required under a separate contract for the Second and Third Additions to correct the problem. Therefore, the cost of the corrective work is deducted from the contractor' s contract. (Deduct $1 ,689. ) All costs associated with the various parts of this change order have been or will be the responsibilty of the developments involved. ACTION TO BE CONSIDERED ON THIS MATTER: To approve change order #3 for Contract 79-18 (Brittany First Addition, Lake Park, Thomas Lake Additions ) in the amount of $5 ,595. 4 Agenda Information Memo January 29, 1981 Page Four CONTRACT 216 — FINAL PAYMENT F. Contract 216 for Final. Payment/Acceptance (Mallard Park Utilities) -- The City has received a request for final payment through the consulting .engineering firm for the installation of utilities in the Mallard Park Addition under Contract 216 . The final construction costs exceeded the costs -used for final. assess- ments of storm sewer laterals by $500. This amount will be charged against the City' s trunk storm sewer fund. The City has received - - certification from the consulting engineering firmthatthis project was completed in compliance with the plans and specifications and all inspections have been performed. ACTION TO BE CONSIDERED ON THIS MATTER: To approved final payment request for Contract #216 (Mallard Park Utilities ) to Fredrickson Excavating Company in the amount of $13,226 and accept the project for perpetual maintenance. CONTRACT. #217 - FINAL PAYMENT G. Contract 217, Final Payment/Acceptance (Hilltop Estates Utili- ties) -- The City has received a request for final payment from the consulting engineering firm along with a certification of com- pliance with plans and specifications. All inspections have been performed by the consultants and City personnel for the Hilltop Eatates utilities project. These final construction costs were used in computing the final assessments for that subdivision. ACTION TO BE CONSIDERED ON THIS MATTER: To approve final payment for Contract 217 (Hilltop Estates Utilities) to Fredrickson Exca- vting Company in the amount of $6 , 701 . 70 and accept for perpetual maintenance . CONTRACT. 227 A -- FINAL PAYMENT H. Contract 227 A Final Payment/Acceptance (St. Francis Woods, Rustic Hills and Oak Chase Fourth Utilties) -- The City has received a final payment request through the consulting engineering firm along with a certification of compliance to the plans and specifi- cations as approved by the City for the aforementioned project. Final inspections have been performed by the consultant and main- tenance personnel . Final construction costs are in line with those used for final assessment calculations. ACTION TO BE CONSIDERED ON THIS MATTER: To approve final pay request for Contract 227 A (St. Francis' Wood, Rustic Hills and - Oak Chase Fourth Utilities) to Parrott Construction Company in the amount of $19,852 .17 and accept for perpetual maintenance. Agenda Information Memo January 29 , 1981 Page Five _. _ CONTRACT 239. A - FINAL. PAYMENT I. Contract 239 A. Final Payment/Acceptance (Thomas Lake Road, Wescott Road, Park Cliff Utilities)_ -- The City has received a request for final payment through the consulting engineering firm certifying conformance with the approved plans and specifications --for- the aforementioned- project.- - Final -i-nspections have been per- formed by maintenance personnel and the consultant. Final con _ struction costs for the sanitary sewer laterals exceeded the cost - used for assessments by $318.18. This cost will have to be absorbed in the sanitary sewer trunk fund. ACTION TO BE CONSIDERED ON. THIS MATTER: To approve final pay request to Contract 239 A (Thomas Lake Road, Wescott Road, & Park. Cliff Utilities) to Parrott ConstructionCompanyin the amount of $31,240.31 and accept for perpetual maintenance. PROJECT- 79-15 --. FINAL PAYMENT J. Contract 79-15, Final Payment/Acceptance (Vienna Woods Streets) -- The City has received a final pay request through the consulting engineering firm along with the certification of compliance for the plans and specifications. Final inspections have been performed by the City maintenance and consultant personnel . The final con- struction costs were used in computing the final assessment cal- culations. ACTION TO BE -CONSIDERED ON THIS MATTER: . To approve final payment to Contract 79-15 (Vienna Woods Streets ) to Minnesota Valley Sur- facing Company in the amount of $223,308. 21 and accept for perpetual maintenance. IND. SCHOOL DIST. . #196 DEFERMENT OF. CONNECTION CHARGES K. Ind. School Dist .. #196, Deferment of Connection Charges to Assessments -- ` During the construction of. utilities to Northview Elementary School under. Contract 80-20, the plans and specifications were prepared and designed to provide for a direct connection to the school ' s existing on-site water and sewer systems due to the immediate need for City utilities . During the construction of these utilities, the Rosemount School District was not aware that a cash connection permit fee would be required upon their con- nection. The sewer and. water connection fees amounted to $37,671 for Northview Elementary School . Of this amount, $18, 700 must be forwarded to the MWCC for SAC unit charges. In addition, .res-earch indicated .that Thomas Lake Elementary School has not yet paid their water connection permit in the amount of $10,500 due to a similar instance. A letter was forwarded to Rosemount School 6 . 0 Agenda Information Memo January 29, 1981 Page Six District indicating a permit fee balance due for both schools . The school has responded with their request to the City Council that they be allowed to pay the $18,700 SAC charges required by MWCC by March 1 and the remaining ($18 ,971 for Northview and $10,500 for Thomas Lake School ) be spread as a special assessment against the respective properties over a period _of 15 years at 8% interest . Their letter of- request indicated that they `waived —` their right to a public hearing and all hearings associated with the spreading of this special assessment. This request is precipi- tated by fact they did not budget for this expenditure and it would create a hardship on their financial cash flow situation. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the deferment of certain permit connection fees for School District #196 as requested. I-494 - PLAN APPROVAL L. I-494, MnDOT Plans & Specification Approval (Minn. River Bridge #9217) -- The City has received the final plans and specifications for the construction of the superstructure for the approach spans, railing and wearing course for the I-494 (Bridge #9217) over , the Minnesota River. These plans do incorporate the eight foot wide pedestrian recreational trail previously requested by the City. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the final plans and specifications for the construction of 'Bridge #9217 for I-494 bridge and authorize the Mayor and City Clerk to execute the required MnDOT resolution. BOND REDUCTION JOHNNY CAKE RIDGE ADDITION M. Bond Reduction Request for Johnny Cake Ridge Addition -- The City has received a request from U. S. Homes Corporation to reduce the development bond required for the Johnny Cake Ridge Addition from the original $438,680 to $21,`250. A review by City personnel has indicated that all items requesting reduction have been satis- factorily installed and that the required 20% of assessment has been paid in full ACTION TO BE CONSIDERED ON THIS MATTER: To authorize the reduction of the development bond for Johnny Cake Ridge Addition to $21 ,250. Agenda Information Memo January 29, 1981 Page Seven - - BOND- REDUCTION - RIDGECLIFFE 2nd & 3rd ADDITIONS N. Bond Reduction Request for Ridgecliffe 2nd & 3rd Additions -- The City has received a requestfrom U .S. Homes Corporation to reduce the development bond for Ridgecliffe 2nd and 3rd Additions from $171 ,100 to $44,050. An inspection of those items indicated as being completed and requested to be- `reduced has been- confirmed by staff. ACTION TO BE CONSIDERED ON THIS MATTER: To authorize reduction of the development bond for Ridgecliffe 2nd and 3rd Additions from $171 ,100 to $44,050. BOND REDUCTION -- RIDGECLIFFE 1st, 4th & 5th ADDITIONS 0. Bond Reduction Request. for Ridgecliffe 1st, 4th & 5th Additions - The City. has received a request from U.S. Homes Corporation to reduce the development bond on Ridgecliffe 1st, 4th & 5th Additions from $1 ,239,000 to $557, 500. All items requested to be considered for a reduction in bond guarantee have been inspected by the City staff and concurred with. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the reduction of the development bond for Ridgecliffe 1st, 4th and 5th Additions from $1,239,000 to $550,500. PROJECT 325 -. TIMBERLINE. STREET LIGHTS P. Project 325 (Timberline Street Lights) Receive Report/Order Public Hearing -- On November 18, 1980, a petition signed by the majority of the residents in the Oslund-Timberline Addition was submitted requesting a feasibility study for street lighting in that subdivision. This report has now been completed and is being presented to Council for consideration. ACTION TO BE CONSIDERED ON THIS MATTER: To receive the feasibility report for Project 325 (Timberline Street Lights) and order the , public hearing to be held on March 3, 1981 . PROJECT 318 --' YANKEE DOODLE STORM SEWER & STREET Q. Project 318 (Yankee DoodleRoadStorm Sewer & Street) Receive Report Report/Order Public Hearing -- ` On September16 , 1980, the City received a petition from the owners/developers of the the Bicentennial Addition, including the Yankee Square Shopping Center requesting the preparation of a feasibility report pertaining to the installation of storm sewer laterals that would be necessary to alleviate the drainage and erosion problems . that are occurring along Yankee Doodle Road near the intersection of Federal Drive. 0 • Agenda Information Memo January 29, 1981 Page Eight In addition, recent discussions with the Dakota County Highway Department pertaining to the upgrading of Pilot Knob Road reveal that the County intends to improve Yankee Doodle Road to approxi- mately 900 feet west of the intersection with Pilot Knob Road. This plan was informally reviewed with the Council at the January 20 Council meeting. It was the consensus that if Yankee Doodle Road was to be improved, the improvements should continue down to the intersection of Federal Drive. In order for the City to . __.assess for benefits received from this improvement,- a public hearing is required. The County intends to open bids for the improvement Of Pilot Knob Road on March 9, 1981 Prior to their awarding the contract, they must receive concurrence from the City for this new addition to the original plans . Subsequently, the time schedule requires the City hold the public hearing for the upgrading of Yankee Doodle Road on March 3, 1981 . In order to accomplish this tight time schedule, the staff felt it would be best to combine the proposed road improvement with the previously, ordered feasi- bility report for storm sewer along Yankee Doodle Road. It is anticipated that this feasibility report will be ready for review by the Council at the February 3 meeting. ACTION TO BE CONSIDERED ON THIS MATTER: To receive the report for Project 318 (Yankee Doodle. Road Storm Sewer and Street) and order the public hearing to be held, on. March 3, 1981. EXCAVATION PERMIT -- EAGANDALE CENTER INDUSTRIAL PARK R. Excavation/Grading Permit Application, Block 8, Eagandale Center Industrial Park (Raunhorst Corporation) -- The City has received an excavation and grading permit from Raunhorst Corporation to place excess fill generated by the construction of the proposed I-494 interchange over Lots l through 5 of Block- 8 for the Eagan- dale Center Industrial Park located north of Trapp Road and west of Eagandale Blvd. The Director of Public Works has had several meetings with Raunhorst pertaining to their proposed 'grading plan. Raunhorst would like to receive approval at the February 3 City Council meeting due to the fact that the MnDOT I-494 contractor will start his excavation removal on February 2. The revised grading plans, insurance certificate and -bonds are anticipated to be in order prior to the February 3 City Council meeting. The Eagandale Blvd. railroad crossing from Washington Ave. is proposed as the haul road for the operation. The City staff will require an additional $4,000 bond to insure the proper restoration of this haul road due to any filling operations. ACTION TO BE CONSIDERED ON THIS MATTER: To approve, deny' or continue the application for excavation and grading for Block 8, Eagandale Center Industrial Park (Raunhorst Corporation). 9 0 0 Agenda Information Memo January 29, 1981 Page Nine . . IMP. 326 - STORM SEWER &- SANITARY SEWER FOR SOUTH OAKS ADDITION A. Imp. 326 for Storm Sewer & Sanitary Sewer Improvements to South Oaks Addition - On January 20, 1981 , the feasibility report was presented to the City Council pertaining to the trunkinstallations of sanitary ;sewer and storm sewer facilities from Dodd Road to - Cliff Road adjacent to the South Oaks Addition During the pre- sentation of that feasibility report, three ( 3) alternatives were discussed pertaining to the alignment of the trunk storm sewer. It was the general consensus of the City Council and staff to pre- sent Alternate #2 as discussed in the feasibility report for con- sideration at the public hearing. Alternate #2 addresses both the trunk storm sewer installation and trunk sanitary sewer. All public - notices advertised and mailed referenced both the trunk storm sewer and the trunk sanitary sewer items under this public hearing. A copy of the feasibility report is presented to the Council for review for the public hearing. Staff does not antici- pate Alternates #1 or 43 at the public hearing unless specifically requested by the City Council . The Consulting Engineer and the Director of Public Works will be available to discuss in detail any or all aspects of the particular public hearing. Enclosed on pages a is a copy of the feasibility report for Project 326. ACTION TO BE CONSIDERED ON THIS MATTER: To close the public hearing and then approve or deny Project 326 for trunk, sanitary and storm sewer installation in the South Oaks Addition. I . r Glenn R.Cook,P.E. � Keith A.Gordon,P.E. Otto G.Boncstroo,P.E. Thomas E.Noyes.P.E. O Robert W.Rosene,P.E. Richard W.Foster,P.E. Joseph C.Anderlik,P.E. Robert G.Schunll.P.E. 2335 V `14. 4.414"36 Bradford A. Lemberg,P.E. Marvin L.Sorvala,P.E. Richard E. Turner,P.E. Donald C.Burgardt,P.E. .fit. Pawl, A4.leta 55113 James C.Olson,P.E. Jerry A.Bourdon,P.E. P/aw. 612-636-k600 �O Mark A.Ranson,P.E. Steven M.Quinsy Charles A.Erickson 4 1956 — 5th — 1981 Leo M.M. Olsokyn Narlan M.Olson nniversary' � David E.Olson Preliminary Report on d�b South Oaks Storm Sewer Project No. 326 Eagan, Minnesota January 12, 1981 SCOPE: This report presents alternatives for providing downstream drainage to Hay Lake from ponds located adjacent to Cliff Road at South Oaks Addition. The pond designations as presented in the Storm Sewer Master Plan for the City of Eagan are LP-28, LP-29, and LP-49. Hay Lake is designated as Pond LP-31. FEASIBILITY AND RECOMMENDATIONS: Alternatives presented herein are feasible and in accordance with the Storm Sewer Master Plan for the City of Eagan. It is recommended the project be carried out as outlined herein and not as a part of any other project. DISCUSSION: The three ponds adjacent to Cliff Road do not have natural out- lets and therefore potential flooding, resulting in significant property dam- age could occur. Residents adjacent to the ponds petitioned to have a study prepared providing an outlet for these ponds. Three alternatives are pre- sented herein for providing downstream drainage from Ponds LP-28, LP-29, and LP-49 to Hay Lake (LP-31) as presented in the Storm Sewer Master Plan for the City of Eagan. Page 1. 2334a / Alternate I as shown on the figure at the back of this report proposes construction of a 12" R.C.P. storm sewer from LP-28 to Hay Lake along West Greenleaf Drive. To provide an outlet for Pond LP-49 a 12" R.C.P. storm sewer would be constructed east to the proposed storm sewer along West Greenleaf Drive. The existing culvert between Pond LP-29 and LP-28 is to be utilized to provide drainage between these two ponds. Also included as part of Alternate I are street and boulevard restoration along West Greenleaf Drive. Alternate II proposes construction of a 12" R.C.P. storm sewer from LP-28 to Hay Lake along Hay Lake Road included as part of the proposed plat for Overhill Farm Addition. A 12" R.C.P. storm sewer would be constructed from Pond LP-49 to the proposed storm sewer as indicated on the figure at the back of this report. The existing culvert between LP-28 and LP-29 would also be utilized to provide drainage between these two ponds. Alternate III proposes construction of a 12" R.C.P. storm sewer from Pond LP-29 to Pond LP-47. The proposed alignment is included within the right-of- way of Cliff Road and T.H. No. 3. To complete the downstream drainage from Pond LP-47 to Hay Lake a drainage ditch is proposed. To construct the ditch an easement will be required. The existing culvert would again be utilized to provide drainage between Pond LP-28 and LP-29. A 12" R.C.P. storm sewer would be constructed between Pond LP-49 and Pond LP-28. To provide an outlet di- rectly from Pond LP-49 to LP-29 would increase the outflow from Pond LP-29 to 4 cfs as compared to 2 cfs if Pond LP-49 is allowed to discharge to Pond LP-28. As a result, the 12" storm sewer as proposed herein from Pond LP-29 to LP-47 would have to be increased to 18". Therefore, Pond LP-49 is proposed to discharge to Pond LP-28. The Sanitary Sewer Trunk Master Plan for the City of Eagan proposes an 18 inch trunk sanitary sewer along West Greenleaf Drive. It was originally antic- Page 2. 2334a ipated at the time the Master Plan for trunk sanitary sewer and trunk storm sewer were prepared that the trunk sanitary sewer and trunk storm sewer in this area would be constructed simultaneously. To construct the trunk sani- tary sewer a 10 to 15 subcut is required. By constructing the trunk storm sewer and utilizing the subcut necessary for the trunk sanitary sewer, the deeper cut categories as presented in the appendices are not required, there- fore a significant cost savings will occur. It is also not recommended .to construct the trunk storm sewer first, when the trunk sanitary sewer is 9 to 10 feet deeper. It is therefore proposed as part of this report that the trunk sanitary sewer be constructed in conjunction with the trunk storm sewer for Alternate I and II. The trunk sanitary sewer would be constructed adja- cent to the trunk storm sewer as presented on the figures at the back of this report. Also included is the construction of sanitary sewer service lines to the adjacent lots along the proposed alignment for Alternate I or II. AREA TO BE INCLUDED: Assessment Area Construction Area Storm Sewer: S 1/2 of SE 17-4 Sec. 25 SW 1/4 Section 25; R23W, T27N W. of T.H. #3 SW 1/4 Sec. 25, E. of Dodd Rd. & S. of Hay Lake NE 1/4 of NW 1/4 Sec. 36, E. of Dodd Rd. N 1/2 of NE 1/4 Sec. 36, W. of T.H. No. 3 Sanitary Sewer: S 1/2 of SE 1/4 Sec. 25, W. of T.H. #3 NE 1/4 of NW 1/4 Sec. 36, except the West 200' N 1/2 of NE 1/4 Sec. 36, W. of T.H. #3 COST ESTIMATE: Detailed cost estimates for each alternate are included at the back of this report. Also included is the cost estimate for trunk sanitary sewer as part of Alternate I and II. Cost estimates for street and boulevard restoration are included as part of the trunk sanitary sewer for Alternate I. Cost estimates presented in the appendices do not reflect the trunk sanitary sewer and trunk storm being constructed simultaneously. These costs are sum- marized as follows: Page 3. 2334a Alternate I Alternate II Alternate III Trunk Storm Sewer $ 72,470 $ 71,330 $ 69 ,640 Trunk Sanitary Sewer 125,550 114,140 If installed alone, the proposed storm sewer for Alternate III is slightly less costly than either Alternate I or II as presented above. Although the proposed alignment for Alternate III is longer, the depth categories encount- ered are considerably less. To estimate the cost for trunk storm sewer by constructing the trunk sani- tary sewer at the same time, it is assumed the cut categories greater than 15 feet for Alternate I and II would be eliminated. The revised cost estimate for Alternate I and II trunk storm sewer reflecting this change are as follows: Alternate I Alternate II Alternate III Trunk Storm Sewer $ 60,160 $ 54,660 $ 69 ,640 The estimated cost for trunk storm sewer for Alternate I and II by includ- ing the trunk sanitary sewer now becomes 22% less than Alternate III. As to the advantage of Alternate I versus II, Alternate II is more desirable because street and boulevard restoration is not required. The scheduling of Alternate II, however, does require the approval of the proposed plat for Overhill Farm Addition. EASEMENTS: Construction of utilities as part of Alternate I requires no ease- ment acquisitions. It is anticipated easements required as part of Alternate II would be acquired without cost in conjunction with the approval of the plat for Overhill Farm Addition. As part of Alternate III an easement is required for the construction of the drainage ditch from Pond LP-47 to Hay Lake. This Page 4. 2334a would be considered a temporary easement since no structures would be in- volved. Estimating $1,000/acre for temporary easement this easement would cost approximately $1,500. ASSESSMENTS: Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this re- port. The preliminary assessment roll presents assessed costs assuming Alter- nate II is to be constructed in conjunction with the trunk sanitary sewer. Maps included at the back of this report indicate the proposed assessment area for trunk storm sewer and trunk sanitary sewer. Base rates for trunk assess- ments in effect at the time of this report are as follows: Trunk Sanitary Sewer $770/Acre Lateral Benefit from Trunk Sanitary Sewer $14.30/F.F. Trunk Storm Sewer - Single Family $0.0374/sq.ft. Multi-Family $0.0468/sq. ft. Comm.-Industrial $0.0561/sq.ft. The trunk storm sewer as presented herein for Alternate II serves as a lateral benefit by providing drainage from two low points along Hay Lake Road. A proposed assessment for lateral benefit from trunk storm sewer is in- cluded as part of the preliminary assessment roll. A proposed assessment is also included for lateral benefit from trunk sanitary sewer along Hay Lake Road. Revisions to the preliminary assessment roll to include Alternate I are as follows: 1. The proposed lateral assessment for sanitary sewer would be $29,781 to South Oaks instead of $16,891 as indicated for Over- hill Farm Addition. Page 5. 2334a �� 2. There would be no proposed lateral assessment for storm sewer as proposed for Overhill Farm Addition. Revisions to the preliminary assessment roll to include Alternate III are as follows: 1. The proposed assessments for sanitary sewer would be deleted. 2. The proposed lateral assessment indicated for Overhill Farm Addi- tion would be deleted. REVENUE SOURCES: Revenue sources to cover the cost of each Alternate are listed herein. Alternate I and II each assume the construction of the trunk sanitary sewer, thus reflecting the cost savings incurred to the trunk storm sewer. ALTERNATE I Sanitary Sewer Project Cost Revenues Balance Lateral Benefit from Trunk $ 30,888 Trunk $125,550 Trunk Assessment 75,821 Trunk Fund 18,841 TOTAL $125,550 $125,550 - 0 - Storm Sewer Trunk $ 60,160 Trunk Assessment $161,295 TOTAL $ 60,160 $161,295 +$101,135 BALANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +$101,135 ALTERNATE II Sanitary Sewer Lateral Benefit from Trunk $ 19,448 Trunk $114,140 Trunk Assessment 75,821 Trunk Fund 18,871 TOTAL $114,140 $114,140 - 0 - Page 6. 2334a lG • Storm Sewer Lateral Assessment $ 6,720 Trunk $ 54,660 Trunk Assessment 161,295 TOTAL $ 54,660 $168,015 +$113,325 BALANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +$113,325 ALTERNATE III Storm Sewer Trunk $ 69,640 Trunk Assessment $161,295 TOTAL $ 69,640 $161,295 +$ 91,655 The projected project balance for Alternate II is significantly larger than either Alternate I or III. The projected project balance for Alternate I is less than Alternate II because the trunk storm sewer for Alternate I is more expensive than Alternate II and there is no proposed lateral assessment for Alternate I trunk storm sewer. PROJECT SCHEDULE: The project schedule presented herein assumes construction of trunk utili- ties would be performed prior to any grading of proposed Hay Lake Road. Present Feasibility Report January 20, 1981 Public Hearing February 3, 1981 Approve Plans and Specifications April 21, 1981 Open Bids May 15, 1981 Award Contract May 19, 1981 Construction Completion August 1981 Assessment Hearing September 1981 First Payment Due with Real Estate Taxes May 1982 Page 7. 2334a I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State Doff Minnesota. G A. Mark Mark A. Ha son Date: January 12, 1981 Reg. No. 14260 1 Approved by: omas A. Colbert, P.E. Director of Public Works Date:- Page 8. 2334a APPENDIX A COST ESTIMATES SOUTH OAKS STORM SEWER ALTERNATE I - WEST GREENLEAF DRIVE (STORM SEWER) 230 Lin. ft. 12" RCP Storm sewer, 0'-10' in pl. @ $13.00/l. f. $ 2,990 180 Lin.ft. 12" RCP Storm sewer, 10'-15' in pl. @ $16.00/l.f. 2,880 370 Lin. ft. 12" RCP Storm sewer, 15'-20' in pl. @ $20.00/l. f. 7,400 790 Lin.ft. 12" RCP Storm sewer, 20'-25' in pl. @ $26.00/l.f. 20,540 50 Lin. ft. Jack or auger 12" RCP storm sewer @ $110.00/l. f. 5,500 8 Each Standard MH w/cstg. @ $800.00/each 6,400 110 Lin. ft. MH depth greater than 8' dp. @ $70.00/l.f. 7,700 3 Each 12" RCP flared end w/trash guard @ $350.00/each 1,050 0.5 Acre Seeding w/mulch @ $1,500.00/acre 750 Total Estimated Construction $ 55,210 +5% Contingency 2,760 $ 57,970 +25% Legal, Engr. , Admin. & Bond Interest 14,500 TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 72,470 Page 9. 2334a ALTERNATE I (Continued) SANITARY SEWER - WEST GREENLEAF DRIVE 90 Lin. ft. 18" RCP Sanitary sewer, 15'-20' in pl. @ $26.00/l.f. $ 2,340 180 Lin.ft. 18" RCP Sanitary sewer, 20'-25' in pl. @ $33.00/l.f. 5,940 370 Lin. ft. 18" RCP Sanitary sewer, 25'-30' in pl. @ $40.00/l.f. 14,800 790 Lin.ft, 18" RCP Sanitary sewer, 30'-35' in pl. @ $48.00/l.f. 37,920 9 Each Standard MH w/cstg. @ $800.00/each 7,200 195 Lin.ft. MH depth greater than' 8' dp. @ $70.00/l.f. 13,650 9 Each 18"x4" wye branch in pl. @$90.00/each 810 130 Lin.ft. 4" CISP riser pipe for service in pl. @ $10.00/l.f. 1,300 270 Lin. ft. 4" CISP for service line in pl. @ $10.00/l.f. 2,700 1,500 Ton Class 2 crushed aggregate base @ $6.00/ton 9,000 Total Estimated Construction $ 95,660 +5% Contingency 4,780 $100,440 +25% Legal, Engr. , Admin. & Bond Interest 25,110 TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125,550 Page 10. 2334a ALTERNATE II - HAY LAKE ROAD (STORM SEWER) 420 Lin.ft. 12" RCP Storm sewer, 0'-10' in pl. @ $13.00/l.f. $ 5,460 310 Lin. ft. 12" RCP Storm sewer, 10'-15' in pl. @ $16.00/l. f. 4,960 50 Lin.ft. 12" RCP Storm sewer, 15'-20' in pl. @ $20.00/l.f. 1,000 170 Lin. ft. 12" RCP Storm sewer, 20'-25' in pl. @ $26.00/l. f. 4,420 600 Lin.ft. 12" RCP Storm sewer, 25'-30' in pl. @ $34.00/l.f. 20,400 50 Lin. ft. Jack or auger 12" RCP Storm sewer @ $110.00/l. f. 5,500 6 Each Standard MH w/cstg. @ $800.00/each 4,800 75 Lin. ft. MH depth greater than 8' dp. @ $70.00/l. f. 5,250 3 Each 12" RCP Flared end @ $250.00/each 1,050 1 Acre Seeding w/mulch @ $1,500.00/acre 1,500 Total Estimated Construction $ 54,340 +5% Contingency 2,720 $ 57,060 +25% Legal, Engr. , Admin. & Bond Interest 14,270 TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 71,330 Page 11. 2334a ap • ALTERNATE II (Continued SANITARY SEWER - HAY LAKE ROAD 270 Lin. ft. 18" RCP Sanitary sewer, 15'-20' in pl. @ $26.00/l. f. $ 7,020 520 Lin.ft. 18" RCP Sanitary sewer, 20'-25' in pl. @ $33.00/l.f. 17;160 50 Lin. ft. 18" RCP Sanitary sewer, 25'-30' in pl. @ $40.00/l. f. 2,000 160 Lin.ft. 18" RCP Sanitary sewer, 30'-35' in pl. @ $48.00/l.f. 7,680 600 Lin. ft. 18" RCP Sanitary sewer, 35'-40' in pl. @ $58.00/l.f. 34,800 7 Each Standard MH w/cstg. @ $800.00/each 5,600 135 Lin. ft. MH depth greater than 8' dp. @ $70.00/l. f. 9,450 5 Each 18"x4" wye branch in pl. @ $90.00/each 450 130 Lin. ft. 4" CISP riser pipe for service in pl. @ $10.00/l. f. 1,300 150 Lin.ft. 4" CISP for service line in pl. @ $10.00/l.f. 1,500 Total Estimated Construction $ 86,960 +5% Contingency 4,350 $ 91,310 +25% Legal, Engr. , Admin. & Bond Interest 22,830 TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $114,140 Page 12. 2334a o�v� ALTERNATE III CLIFF ROAD & T.H. NO. 3 (STORM SEWER) 420 Lin.ft. 12" RCP Storm sewer, 0'-10' in pl. @ $13.00/l.f. $ 5,460 890 Lin. ft. 12" RCP Storm sewer, 10'-15' in pl. @ $16.00/l. f. 14,240 650 Lin.ft. 12" RCP Storm sewer, 15'-20' in pl. @ $20.00/l.f. 13,000 50 Lin. ft. Jack or auger 12" RCP Storm sewer @ $110.00/l. f. 5,500 6 Each Standard MH w/cstg. @ $800.00/each 4,800 40 Lin. ft. MH depth greater than 8' dp. @ $70.00/l. f. 2,800 5 Each 12" RCP flared end w/trach guard @ $350.00/each 1,750 500 Cu.yds. Common excavation (drainage ditch) @ $2.00/cu.yd. 1,000 3.0 Acre Seeding w/mulch @ $500.00/acre 4,500 Total Estimated Construction $ 53,050 +5% Contingencies 2,660 $ 55,710 +25% Legal, Engr. , Admin. & Bond Interest 13,930 TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 69,640 Page 13. 2334a • • APPENDIX B EAGAN, MN. PROJECT NO. 326 ALTERNATE II PRELIMINARY ASSESSMENT ROLL I. SANITARY SEWER A. Lateral Benefit from Trunk Legal Description F.F. Rate/F.F. Total Overhill Farm Addition 1,360 $14.30 $ 19,448.00 B. Trunk Sanitary Sewer Legal Description Owner Area Rate Total Total SE 1/4 Section 25, R23W, T27N South Oaks 39 lots @ $370/lot $ 14,430 011-76 Lexington So. Inc. 5.79 Ac. (l) $770/Ac. 4,458 013-76 Lexington So. Inc. 7.72 Ac.(l) $770/Ac. 5,945 014-76 Fritz 1.49 Ac. $770/Ac. 1,148 TOTAL . . . . . . . . . $ 25,981 NW 1/4 Section 36, R23W,T27N 010-25 Weierke 2.05 Ac. $770/Ac. $ 1,579 010-26 Weierke 3.77 Ac.(l) $770/Ac. 2,903 020-26 Rosa 3.79 Ac.(l) $770/Ac. 2,919 023-25 Weierke 1.92 Ac. $770/Ac. 1,479 024-25 Weierke 1.25 Ac. $770/Ac. 963 025-25 Weierke 2.91 Ac. $770/Ac. 2,241 030-25 Weierke 2.35 Ac. $770/Ac. 1,810 030-26 Weierke 1.84 Ac. $770/Ac. 1,417 040-25 Forsman 2.95 Ac.(l) $770/Ac. 2,272 050-25 Tessmer 3.88 Ac.(l) $770/Ac. 2,988 TOTAL . . . . . . . . 20,571 NE 1/4 Section 36, R23W, T27N 010-03 Holz 33.56 Ac.(l)(2) $770/Ac. $ 25,842 010-04 Holz 1.13 Ac. $770/Ac. 870 020-04 Holz 3.32 Ac.(l) $770/Ac. 2,557 TOTAL $-29,269 (1) Parcel in which 20% deduction in area was applied for future public street dedication. (2) Parcel in which ponding area was not subtracted. Proposed assessment presented herein shall be reduced accordingly at the time the ponding easement is acquired. Page 14. 2334a o• II. STORM SEWER A. Lateral Assessment Legal Description Overhill Farm Addition $ 6,720 B. Trunk Storm Sewer Plat Lots Rate Total South Oaks 39 lots $617/lot $ 24,063 TOTAL . . . . . . . . . . . . . . . $ 249063 Rate "A" Rate "B" Rate 11C" Legal Sgl.Family Multi-Family Comm/Ind. Description Owner $0.0374/s.f. $0.0468/s.f. $0.0561/s.f. Total SW 1/4 Section 25, R23W, T27N 010-53 Dieneen 194,400(1)(2) $ 7,271 010-54 Dahler 274,400(1) 10,263 010-55 Dahler 286,400(1) 10,712 020-54 Dahler 240,800(1) 99006 021-55 Dahler 26,000 973 022-55 Dahler 240,000(l) 8,976 TOTAL . . . . . $ 47,201 SE 1/4 Section 25, R23W, T27N 011-76 Lexington So. Inc. 252,212(1) $ 9,432 013-76 Lexington So. Inc. 3369284(1) 12,577 014-76 Fritz 64,905(3) 920 TOTAL . . . . . T 22,929 NW 1/4 Section 36, R23W, T27N 010-25 Weierke 89,298(3) $ 19265 023-25 Weierke 839635(3) 1,184 030-25 Weierke 102,365(3) 1,450 040-25 Forsman 160,628(3) 2,275 050-25 Tessmer 211,478(3) 2,995 TOTAL 9,169 NE 1/4 Section 36, R23W, T27N 010-03 Holz 1,461,874(1)(2) $ 54,674 010-04 Holz 49,223(3) 698 020-04 Holz 1809774(3) 2,561 TOTAL (3) Large existing parcel which is not expected to be subdivided. Rate charge equals $617/acre. Page 15. 2334a QI \ \ 1 x a \� g N u V O U N N / \ M � 1 , � cc LL J i 13381S �. 00 J I aooe I Z .^� � , C W V' -+ 1 CD CYD al BIWI W a 0: �i c / J w o 0 o O / W J Y cr E-4 Y ( J rn cr J W � I C'4 1 0 134 \ -- - - W a i- x 4 rn a \� s N u O1 O +r u / — -- i o� / cc LL / U O / W \ J -� aooe 00 C WI + I1 � Ltp \ a f z W a WX W O F-4 O Y Z Z Y E4 1/ / w Z pq a \\ 1 Old x .\ olO N ' u CM h, V O _ � u �.. cc \ l / U W ,L 33a s --- I 0 i ( Z ao�d \ W I l I. II a z a ! 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F- LLJ a Wcr I U) W o -- LLJ J \ J W cr E-+ ,1/ o - coc� E-4� w w �\ \ P 04 _r rn • bliVIE 11 CLIFF ROAD ', r��` J� vo/ cj 10 11 RI R1 D °i R' I - � ,C1 i RI 5 ol RI 1 A �7 c . i O 0 4 Q RI QZ.d A.D 3 � 1 13 12 R1 ' N LIM4 � 2 RI 3 GALE 1 = 106 R2 3�+ ORIGINAL LAYOUT CLIFF RoAv �■■�■� �� ov� Q t tZ 1 Q.1 u Ay ® JCy L A KE _ z Izi 0 � 3 D Z -C IT No 4 ' iZ l 10 �b �fi� 13 12 � N J ® 7 al 2 8 0 RI .� RI 10 ,ALE I 100 RI R2 ALTERNATE NO 3 CLIFI` IZ0 ♦ op/ 10 40 ' RI ® o / x 1713 21 rn r ►� Rt .Z � 4 � 2 J G l7 15 14 RI dVERNI LL 3 Roko a 2 i 3 t2 N d R'. �Q i E 2 I 2' � o RI OC,AL E I = loo RI 3 fZ 2 ALTERNATE NO. 2 CLIFF RoA0 AdEL MAY - LAKE Ro�D LL CECED MOMS 2 m . � 3 �-�► Itp 15 Qz R o AD Q RZ � 1 13 IZ d � Rz 2 3 eZ a I� ,✓CAL E i,. = 100' 10 ALTERNATE , N0. 3 CLIFF R40Ao 0 RVIEW Agenda Information Memo January 29, 1981 Page Ten OVERHILL. FARM ADDITION PRELIMINARY PLAT & REZONING A. Overhill Properties, Inc. , for Rezoning from A to R-1 and R- 2 and the Preliminary Plat for Overhill Farm Addition -- A public hearing was held at the October 28, 1980 APC meeting and _then con- sideration of the recommendation of the APC to approve both the - -- -rezoning and preliminary platwas considered by the City Council at the November 18, 1980 and December 2, 1980 City Council meetings . Action was taken at the December 2 , 1980 City Council meeting to "continue the applications until the first regular City Council meeting in February of 1981 ,further, that the City Engineer prepare a feasibility report for the storm sewer improvements in the general area including Hay Lake under Project #326 , that the developer do additional study and submit proposals of any proposed revision to the preliminary plat, and that the preliminary report for the , storm sewer study be accepted by the City Council on January 20, 1981 ." The public hearing will have been heard when this item is considered Tuesday evening. The public hearing, as discussed under A. , Public Hearings , specifically relates to trunk storm sewer outlet which is required to handle the drainage from this proposed development. The outcome of the public hearing will deter- mine whether the preliminary plat should be further considered The developer has submitted three ( 3) alternatives to the original layout design showing possible configurations for the northwest .corner of the plat. The original layout with the three (3) alter- nates are being forwarded to the Council for information. These alternatives are ona es through Of the three alter- nates, the staff feels thatternate #1would be the best revision due to the fact that it does not incorporate any "bubble" cul-de- sac, nor does it create any three sided lots . It also increases by one additional lot from the original layout, whereas alternate #2 "eliminates the buildable lot. Alternate #3 provides for one additional lot over the original layout, but it creates a three sided lot and it should be noted that the developer has proposed R-2 zoning on Alternate #3 layout only. The staff does not feel that it is mandatory to have two ( 2 ) entrance roads off Dodd Road as long as secondary access can be obtained through the South Oaks Addition. To provide additional information on this agenda item, a copy of the support memo prepared by the City Administrator for the December 2, 1980 City Council meeting is enclosed on pages 3,g. through "�q and the City Planner' s original report is enclosed on _ 0 . . tHrough 44- .. A copy of the action that was taken by the AVisoty Planning Commission at the October 28 Planning Co mission and at the October 28 hearing is enclosed on page ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the rezoning from A to R-1 and -R-2 and, in separate action, to consider the preliminary plat of Overhill Farm Addition as recommended for approval by the APC. 3 • Agenda Information Memo November 26, 1980 _ t Page Eight _ - - OVERHILL FARM ADDITION - REZONING PRELIMINARY PLAT - - - - --C. Overhill Properties, Inc., . for.--Rezoning from _A (Agricultural), to R-1 _ (Residential Single) and R-2 (Residentail Double) and the Preliminary Plat for Overhill Farm Addition — A public hearing was held at the October __28, _4980 APC____meeting_-.to con side r___applicat o-ns for rezoning and preliminary plat as submitted by Overhill Properties, Inc. ` -Action was taken by the APC . to recommend approval to the City Council for both the rezoning an preliminary plat. The preliminary plat was recommended for approval with eleven (11) conditions. For further information on this agenda item, please refer to the City Planner's report, a copy of which is enclosed on pages 'Z 0through For information regarding the action taken by the please refer to page , for a copy of the official minutes. At the direction of the City Council, the City Planner has met with Mr. Dehler to discuss the concerns regarding the Overhill Farm Additin Preliminary Plat. The City staff discussed the possibility of another access road to Dodd Road in the north portion of the plat. There were three (3) alterna- tives on how the plat could be redesigned to meet the requirements of the City. Alternative #1: Is to extend the lot lines to the new alignment of Dodd Road. Alternative #2: Is to provide a second access road between the lots to the north on Dodd Road and create a new lot out of the old right-of-way for Dodd Road. Alternative #3: Would be to create a new lot where the old right-of-way is located and provide direct access to Dodd Road. The applicant is pre- sently studying the three alternatives and will be able to discuss these at the December 2, 1980 meeting. The second item the staff discussed with Mr. Dehler is a 75 foot right-of- way requirement on Cliff Road. Mr. Dehler will plat the 75 foot right-of- way and it will not change the number of lots and the proposed duplex lots would still be in excess of the 15,000 sq. ft. The third item the staff discussed is a requirement for R-2, or duplex, lots along Dodd Road: The proposed plat abuts the Lexington South Planned Development which has a proposed land use of R-2, Mixed Residential of three to six units per acre. Dodd Road has been constructed as a collector street with no direct access to individual lots. In designing the plat, the lots along Dodd Road would have. double frontage and the applicant feels it would be more mar- ketable to sell these lots as duplex lots rather than single family. The fourth item is that the proposed plat is within a separate neighborhood and the goal of the City is to scatter or provide different types of alterna- tive housing in each neighborhood, trying to disperse any concentration of any one type of housing throughout the City. The City Planner feels 3$ .w. Agenda Information Memo November 26, 1980 Page Nine --"�- — further that these--reasons--are-why the-applicant_ is re.que_sting_an R-2 along _ - --- -- Dodd Road rather than-platting those_ family lots. The applicant _as single understands that the feasibility report for the storm sewer is a condition of _ he -final _ plat- and expects the storm . sewer_ issue to be resolved prior _ g to receiving final plat approval - --Desi n work for the Overhill Farm- A i- -- - tion is minimal and will_ be_ provided _at the meeting on Tuesday by the developer. --- - ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recom- mendation of the APC to approve the rezoning and preliminary " plat for Overhill Farm Addition, subject to any changes designed by the City Council. I 3� CITY OF EAGAN SUBJECT: REZONING AND PRELPMINARY PLAT - OVERHILL FARrd ADDITION APPLICANT: OVERHILL PROPERTIES, INC. , DAVID DEHLER _ LOCATION: SEI OF SECTION 25 - EXISTING ZONING: A (Agricultural) DATE OF PUBLIC HEARING: OCTOBER 28, 1980 DATE OF REPORT OCTOBER 22, 1980 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED The first application submitted is a request to rezone approximately 33 acres from agricultural to R-1 (Residential Single District) and R-2 (Residential Double Dis- trict). The second application submitted is a request for preliminary plat approval for Overhill Farm Addition, which consists of approximately 33 acres and will con- tain 42 single family lots and 14 duplex lots, 28 units. COr;4.LNTS The applicant is proposing to subdivide the property because sewer and water and streets have been provided to his property. The proposed development will consist of 56 lots. The applicant is proposing to plat duplex lots where his property abuts Cliff Road and Dodd Road. The remainder of the plat would be single family lots. Lots 1-7, Block 1 and Lots 1-7, Block 4, would be duplex lots. The proposed plat appears to be well designed. All lots meet the minimum lot require mems. The plat continuity has also been provided. The applicant has extended Twiggy Street from the South Oaks Plat and is also proposing to dedicate park land in conjunction with the South Oaks Park 75-foot half right-of-way shall be required on Cliff Road. According to the park and ponding formula, 70%of the 10% park dedication has to be land prior to receiving credit for any of the water. The proposed plat only has 65% of the park as land. Therefore, only 1.75 acres of park land will receive credit. The remainder, or 1.55 acres, shall be made as a cash contribution according to the current park rate at the time final plat is approved. If approved, the plat should be subject to the following conditions: 1. Plat shall be subject to Dakota County Plat Commission's review and comments because the plat abuts Cliff Road. 2. 75-foot half right-of-way shall be dedicated for Cliff Road. 4D CITY OF FAGAN PRELI".1TNARY PLAT AND REONIiJG - OVERHILL FAFu�I ADD_TION OCT03ER 23, 1980 PAGE T 0'O ENGINEERI"IG ="10?�"E"1DA IONS 1. Vacation of the old Dodd Road alignment must be completed prior to final plat approval. 2. Excess triangular boulevard right-of-way ad-jacent to the northwest corner- of this plat must be incorporated in the final plat of the Overhill Farm Addition. 3. All required grading must be completed to insure maximum slopes of 2:1 outside of the public right-of-way. 4. Trunk sanitary sewer must be ordered for construction through this plat prior to final plat approval. 5. Storm sewer outlet for Pond LP-28 to Hay Lake (LP-31) must be ordered for con- struction prior to final plat approval. 6. Suffic'ent drainage and utility easements must be provided for to propagate the exist'ng drainage adjacent to Cliff Road and for the previously referenced sanitary sewer and storm sewer extensi Dns. 7. An effective erosion control plan must be submitted prior to final plat approval. 0 TO: ADVISCRY PLni?KING C(-IMISSICN, C/O DALE C. RUNKLE, CITY PLANNER FROTM: TFC1.AS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: OCTOBER 23, 1980 RE: PRE.L., ivARY PLAT - OVERFILL FAPrd ADDITION The Public Works Department has the following comments to offer in regards to con- sideration of the above-proposed preliminary plat: UTILITIES Sanitary sewer of sufficient size and capacity is available at the intersection of the future extension of Wilderness Run Road with the recently upgraded Dodd road. This is approximately 500 feet north of the location of this proposed plat. It will require the extension of this trunk sanitary sewer across an easement that is presently being acquired from the property immediately to the north and adjacent to the Overhill Farm Addition plat. This trunk sewer will then be constructed through the northeast corner of this .plat to provide future service for the South Oaks Addition, which is located to the east and immediately adjacent to this proposed plat. Sub- sequently, this sanitary sewer extension will have to be provided for before this plat can be finaled, as its installation is necessary to provide the sewer service for this proposed plat. Water main facilities of sufficient size is readily available along the frontage ad- jacent to Dodd Road. Internal water main lateral distribution will be handled as a part of this plat's development, which will provide a future extension to the South Oaks Addition. STREETS Access to this proposed plat will be provided by way of the recently upgraded Dodd +' the South Oaks Addition. The internal resi- dential to Road and providing .for a tonne dential street distribution meets with staff approval and does not have any proposed grades that exceed 80. GRADING AND DPAINAGE The overall topography of this proposed plat is situated on a small hill which vides for drainage in all four directions. The majority of the drainage will be handled by internal storm sewer systems which will be directed into Hay Lake 'Immedi- ately to the north of this plat, which presently does have an outlet to control the water elevation. Approximately one-third of the southerly portion of this proposed plat will drain towards Dodd Road or towards the existing marshy; drainage ditch parallel to and adjacent to the northside of Cliff Road. This drainage will empty into the two ponds located within the South Oaks Addition, which ultimately drains into the pond located on the southside of Dodd Road immediately south of the Scuth Oaks Addition (LP-28). This pond (LP-28) presently does not have an outlet and is of such an elevation that is creating ponding and flooding problems to adjacent properties. It is anticipated that this pond will require a storm sewer outlet which will then drain to Hay Lake through the Overhill Farm plat. Because of the present high water problems associated with the two ponds in South Oaks and Pond LP-28,. it is recomended that the final plat for Overhill Farm Addition not be approved until storm sewer outlet for Pond LP-28 has been ordered*in by Council action. 42 • CITY OF EaG"I PRET '.'.INAR'_' PIAT - OVERHILL FAM ADDITION OCTOBER 23, 1980 PAGE T%70 Some steep grades will be created in the northeast corner of this plat due to the fill require� in this vicinity. It is recommended that no slope greater than 2:1 be created outside of this public right-of-way. In addition, the existing previously referenced drainage area adjacent to Cliff Road along the south portions of this proposed plat must be propagated during all future lot developments. Due to the fact that it presently transgresses across these propcsed newly created lots, it is recommended that it be redefined and reconstructed adjacent to Cliff Road to eliminate any potential blockage, disturbance, etc. to the development of any in- dividual sites along the southerly allowance of this plat, or adequate drainage easements be granted to protect this drainage way. EASE 1ENTS AND RIGHTS-OF,"JAY Sufficient right-of-way has been dedicated for the recently constructed Dodd Road adjacent to the west edge of this plat. In the northwest corner of this proposed plat, the alignment of Dodd Road was realigned slightly to the west. This has created a triangular parcel of excess boulevard right-of-way in the extreme north- that this triangular-shaped parcel of excess east of this plat. It is recommended City boulevard right-of-way be incorporated into the final plat of the Overhill Farm Addition. Correspondingly, it is recommended that the old alignment of Dodd Road in the northwest corner of .this plat be vacated prior to final plat approval. Additional right-of-way will have to be dedicated to provide for a 75-foot half right-of-way adjacent to County Road 32 (Cliff Road). + ad'acent to + dedicated In addition, a specific drainage easement will have to b e de Cliff Road along the southerly portion of this plat to provide for continuation and preservation, of the existing drainage swale. There will also have to be suffi- cient utility easements dedicated to provide for the extension of proposed future trunk sanitary sewer to the South Oaks Addition. Also, we will have to insure that adequate drainage and utility easements are provided for the anticipated storm sewer outlet from Po}1d LP-28 to Hay Lake (LP-31). I will be available to answer additional questions regarding this proposed plat at the Planning Commission Meeting of October 28, 1980. Respectfull, submitted, homas A. Colbert, P.E. Director of Public Works TAC/J+ac � s r t O t en t - Ji . Q ed ��- ,_:� , i,:�.a s . . a fit •:� CY - 41 t i I wCY- ai 1 !• a LLQ j Q do W t Z Q V . • � a oo� ., 5�� © I / a ._ ml Ul � �e�< �g• �J 4 1 3 a _ - N Y� c , Z y • 1 e �r. S W Z� — Q • i - �-_ ___ �- :, ,� l. Imo' -._.y `� _. •:�� ''�;, � I i 45" J i AUDITOR'S SUBD. N0. 42 r A - i SADDLE - HORN IK co oy VI • 9 OVFRHILL FARM ADDITION PRELIMINARY PLAT AND RE7ONIr,r; The public hearing regarding the application of Overhill Properties, Inc. , and the Dehler family to rezone approximately 33 acres from Agricultural to R-1 and R-2 and for preliminary plat approval of Overhill Farm Addition was next opened. David Dehler was present and described the application in detail and stated that the park land will be increased in size to reach the 707 land/307 water requirement under the Eagan ordinance. He stated that the applicant would not include the - triangle at the northwest corner of the plat because the land is not owned by the developers. There were concerns by the Public Works Director regarding grading and drainage and also a number of neighboring property owners from South Oaks Addition and south of Cliff Road were present with questions and strong concerns - about drainage. Mr. Colbert recommended that a storm sewer outlet for Pond LP-28 to Hay Lake be ordered in by the Council prior to approval of the final plat of Overhill Addition because of the current high lake levels in the area. The staff recommended that the triangle in the northwest be vacated by the City and conveyed to adjacent property owners including the Michael Dineen and the Dehler family. It was noted that the plat had not been submitted to the Advisory Park Committee for recommendation. Concerns of the neighbors included the street configur- ation and potential traffic through South Oaks lots. All lots will only internal access and no access from Dodd Road or Cliff Road. Gits moved, TurnhamA' seconded the motion to recommend approval of the rezoning from R-1 to R-2. All voted yes. Gits then moved, Harrison seconded the motion, to recommend approval of the preliminary plat of Overhill Farm Addition subject to the following recom- mendations: 1. Plat shall be subject to Dakota County Plat Commission' s review and comments because the plat abuts Cliff Road. 2. A 75-foot half right-of-way shall be dedicated for Cliff Road. 3. Park dedication requirements of the City shall be complied with. 4. Vacation of the old Dodd Road alignment must be completed prior to final plat approval. 5. Excess triangular boulevard right-of-way adjacent to the northwest corner of this plat shall be incorporated in the final plat of the Overhill Farm Addition. 6. All required grading in conjunction with public right-of-way shall be completed to insure maximum slopes of 2:1 outside of the public right-of-way. 7. Trunk sanitary sewer must be ordered for construction through this plat prior to final plat approval. 8. Storm sewer outlet for Pond LP-28 to Hay Lake (LP-31) must be ordered for construction prior to final plat approval. 9. Sufficient drainage and utility easements must be provided for to propa- gate the existing drainage adjacent to Cliff Road .and for the previously referenced sanitary sewer and storm sewer extensions. 10 An effective erosion control plan shall be submitted and approved by the City prior to final plat approval. 11. All existing and future special assessments shall be agreed upon according to City requirements. All voted yes. Agenda Information Memo January 29, 1981 Page Eleven DESIGNATION. OF: OFFICIAL CITY NEWSPAPER - - -B. Designation of Official City Newspaper - The City Attorney has researchedMinnesota Statutes to determine whether the Eagan Chronicle qualifies as a legal newspaper for the City of Eagan. From his findings, found on page �47 , it is apparant that the Chronicle does not meet the one -T T year requirement necessary if the paper is to be considered as a legal newspaper. With the exception of the Minneapolis and ' St. Paul newspapers, there are no other papers that provide a circulation comparable to the Dakota County Tribune and Eagan Chronicle for the City of Eagan. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny desig- nation , of the Dakota County Tribune as the legal newspaper for the City of Eagan for the remainder of 1981 . 4$ PAUL H. HAUGE & ASSOCIATES, P. A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 AREA CODE 612 PAUL H. HAUGE TELErNONE 454.4224 BRADLEY SMITH KEVIN W. EIDE January 26, 1981 DAV I D G. KELLER Mr. Thomas L.Hedges City Administrator 3795 Pilot Knob Road Eagan, MN 55122 Re: Legal Newspaper for City Dear Tom: There has been an expression of concern regarding the qualifications of the Eagan Chronicle as a legal newspaper for the City. Particularly, whether the Chronicle qualifies under M.S.A. §331.02 in that it has not been in circulation for a full. year and is distributed as a free newspaper. M.S.A. §331.02 Subd. 1 provides several requirements for legal newspapers including that a certain percentage of its print area consist of news. Subpart (7) provides that the newspaper "Has complied with all the foregoing conditions of this subdivision for at least one year last past,". Apparently, the Chronicle does not meet this condition. There does not appear to be a provlem with the lack of subscriber charges. §331.02 Subd. 1(4) was recently changed maintaining a requirement that the paper have a certain number of subscribers "or have at least 500 copies regu- larly distributed without charge to local residents". It appears the Chronicle does not qualif at this time as Eagan's legal news- paper. Very truly your , i Paul H. Hauge skk BID PROPOSAL FORM OUTDOOR WARNING SYSTEMS CITIES OF EAGAN, HASTINGS, LAKEVILLE, AND ROSEMOUNT City of Eagan Siren No. Siren Egs..ai ; ment Radio-Control Equipment Installation Total Model Cost Model Cost Cost Cost 1 Federal 1000 AT $ 6,267.00 ARCH*S2 S 858.00 $ 2,071.00 $ 9,196.00 2 Federal 1000 AT S 6,267.00 ARCH*S2 $ 858.00 $ 1 ,933.00 $ 9,058.00 3 Federal 1000 AT $ 6,267.00 ARCH*S2 S 858.00 $ 1,862.00 $ 8,987.00 4 Federal 1000 AT $ 6,267.00 ARCH*S2 $ 858.00 $ 1,923.00 $ 9,048.00 Encoder Model Cost Installation Total Police Dispatcher Federal TE20 $ 293.00 $ 200.00 $ 493.00 TOTAL EAGAN PROJECT COST: If awarded only this system: $ 36,78+2.00 If awarded all four systems: $ 35,996.00 City of Hastings Siren No. Siren Equipment Radio-Control Equipment Installation Total Model Cost Model Cost Cost Cost 1 Federal 1000 AT $ 6,267.00 ARCH*S2 S 858.00 $ 1"1617.00 $ 8,742.00 2 Federal 1000 AT $ 6,267.00 ARCH-S2 $ 858.00 $ 1 ,688.00 $ 8,813.00 3 Federal 1000 BT 7,012.00 ARCH*S2 S 858.00 $ 2,642.00 $ 10,512.00 4 Federal 1000 AT S 6,267.00 ARCH*S2 $ 858.00 $ 1,887.00 S 9,012.00 5 Relocated Existing ARC11*S2 $ 858.00 $ 2,120.00 $ 2,978.00 6 Federal 1000 AT S 6,267.00 ARCH*S2 $ 858.00 $ 1,683.00 S 8,808.00 Encoder Model Cost Installation Total Sheriff's Dispatch Federal TE10 $ 235.00 S 200.00 $ 435.00 Chief's Car Federal TE10 12 Volt $ 238.00 S 40.00 $ 278.00 Other Car Federal TE10 12 Volt $ 238.00 S 40.00 $ 278.00 TOTAL HASTINGS PROJECT COST: If awarded only this system: $ 491856.00 If awarded all four systems: $ 48,989.00 City of Lakeville Siren No. Siren Equipment Radio-Control Equipment Installation Total Model Cost Model Cost Cost Cost 1 Federal 1000 AT $ 6,267.00 ARCH*S2 S 858..00 S 1,974.00 $ 91099.00 2 Federal 1000 AT '$ 6,267.00 ARCH*S2 S 858.00 S 2,907.00 $ 10,032.00 3 Federal 1000 AT S 6,267.00 ARCH-S.2 S 858.00 S 1,831 .00 S 8,956.00 4 Federal 1000 AT $ 6,267.00 ARCH*S2 $ 858.00 S 2,978.00 5 Federal 2T22B $ 10,103.00 . $ 4,148.00 ARCH*S2 S 8,58.00 S 1,811.00 S 6,817.00 6 Federal 1000 BT S 7,012.00 ARCH*S2 S 858.00 S 2,525.0'0* $ 10,395.00 7 Federal 1000 AT $: 6,267.00 ARCH S2 S 858.00 $ 1,811 .00 S 8,936.00 8 Federal 1000 AT' S 6,267.00 ARCH*S2 $ 858.00 S 1 ,602.00 9 Federal 1000 BT S 7,012.00 ARCH*S2 S 858.00 S 8,727.00 10 Federal 1000 BT $ 7,012.00 ARCH*S2 $ 858.00 $ 3,682.00 S 11,552.00 $ 1,862.00 g 9,732.00 Encs Model Cost Installation Total Police Dispatch Federal TE20 S 293.00 $ 200.00 $ 493.00 Fire St. #2 Federal TE20 $ 293.00 $ 200.00 $ 493.00 TOTAL LAKEVILLE PROJECT COST: If awarded only this system: $ 95,335.00 If awarded all four systems: $__92,848.00 City of Rosemount `7iren No. Siren Equipment Radio-Control Equipment Installation Total Model Cost Model Cost Cost Cost 1 . Federal 1000 AT $ 6,267.00 , ARCH*S2 $ 858.00 $ 1,836.00 $ 8,961 .00 2. Existing Siren ARCH*S2 $ 858.00 $ 138.00 $ 996.00 3. Federal 1000 BT $ 7,012.00 ' ARCH-S2 $ 858.00 $ 11800.00 $ 9,670.00 4. Federal 1000 AT $' 6,267.00 ' ARCH*S2 $ 858.00 $ 1,826.00 $ 8,951 .00 5. Federal 1000 BT $'7,012.00 ' ARCH*S2 $ 858.00 $ 2,831 .00 $ 10,701 .00 6. Federal 1000 8T $ 7,012.00 ARCH*S2 $ 858.00 $ 3,055.00 $10,925.00 7. Federal 2T22 B $ 4,148.00 ARC1I*S2 $ 858.00 $ 1,877.00 $ 6,893.00 8. Federal 1000 BT $ 7,012.00 ' ARCH*S2 $ 85R.00 $ 1,811 .00 $ 9,681 .00 9. Federal 1000 BT $ 7,012.00 ARCH*S2 $ 858.00 $ 2,555.00 $10,425.00 10. Federal 2T22A $ 2,733.00 ARCH*S2 $ 858.00 $ 2,718.00 $ 6,309.00 ncoder Model Cost Installation Total ,)lice Dispatch Federal TE20 $ 293.00 $ 200.00 $ 493.00 ire Hall Federal TE20 $ 293.00 $ 200.00 $ 493.00 hief's Car Federal TE20 12 Volt $ 296.00 $ 40.00 $ 336.00 UST OF TWO 122-125db, 240 volt, single-phase, two signal sirens complete, including two radio-control , timer devices delivered to the Rosemount City Hall : $ 15,461 .00 TOTAL ROSEMOUNT PROJECT COST: If awarded only this system: $ 100,285.00 If awarded all four systems: $ _99,153.00 GRAND TOTAL OF ALL FOUR PROJECTS: $ 276,986.00 Adder may indicate any price differentials if more than one but less than all four cities ietermine to award contracts. ' arts And Service Availability: FIREAP WATS lines in instant contact with customers and Federal factory, electrical contractors for emergency parts and service. Factory maintains large stocks of all parts for immediate shipment. Electricalcontractorsand facilities in easy range for quick service. Suggest annual service contracts after 3 year equipment warranty. . r)ssible future (within 9 months of contract date) purchase by above four cities of any other ubdivision of Dakota County of the following types of equipment: 1 . 122-125 db, dual-tone, 2-signal , 240 volt, 3-phase siren including starter and other necessary equipment: $ 6,184.00 Model : Federal 1000 AT wit►, ur•M1A 2. 122-125 db, dual-tone, 2-signal , 240 volt, single-phase siren including starter and other necessary equipment: $ 6,966.00 Model : Fedrnral �nnn RT with nrm7n 3. 112-115 db, dual-tone, 2-signal , 240 volt, 3-phase siren including starter and other necessary equipment: $ 2.7i0_oo Model : Federal 2T22A with RC5WA 4. 112-115 db, dual-tone, 2-signal , 240 volt, single-phase siren including starter and other necessary equipment: $ 4,274,00 Model : Federal T,22B with Rr13WR 5. Four function, VHF, radio-control device including timer and counter: $ 864.00 Model : Federal ARCH*S2 with fivc T B10 and one 10A6 Signed. Thompson;-Pry en Authorized Company Representative BID PROPOSAL FORM OUTDOOR WARNING SYSTEMS CITIES OF EAGAN. HASTINGS, LAKEYILLE, AND ROSEMOUNT City f Eagan t o a an Siren No. Siren Equipment Radio-Control Equipment Installation Total Model Cost Mode I Cost Cost Cost 1 A.C.A. $ 6,100.00 Plectron $ 1,081.00 $ 2,100.00 $ 9,281.00 2 A.C.A. $6,050.00 Plectron S 1,081.00 $ 1,700.00 $ 8,831.00 3 A.C.A. $6,050.00 Plectron S 1,081.00 $ 1,840.00 $ 8,971.00 4 A.C.A. $6,100.00 Plectron S 1,081.00 5.2,000.00 $ 9,181.00 Encoder Model Cost Installation Total Police Dispatcher Plectron S 1,100.00 S 175.00 $ 1,275.00 TOTAL EAGAN PROJECT COST: If awarded only this system: S 40.000.00 - If awarded all four systems: S 37.539.00 City of Hastings Siren No. Siren Equipment Radio-Control Equipment Installation Total Model Cost Model Cost Cost Cost 1 A.C.A. $6,100.00 Plectron S 1,081.00 S 2,600.00 $ 9,781.00 - 2 A.C.A. $ 6,050.00 Plectron $ 1,081.00 $ 1,600.00 $ 8,731.00 3 A.C.A. $ 6,500.00 .Plectron S 1,081.00 S 2,350.00 S 9,931.00 4 A.C.A. $ 6,100.00 Plectron S 1,081.00 S 2,210.00 S 9,391.00 5 Relocated Existing Plectron S 1,081.00 $ 3,000.00 S 4,081.00 6 A.C.A. $ 6,100.00 Plectron $ 1,081.00 $ 2,150.00 $ 9,331.00 Encoder Model Cosh Installation Total Sheriff's Dispatch Plectron $ 1,050.00 $ 175.00 $ 1,225.00 Chief's Car Plectron $ 7.30.00 $ 175.00 $ 905.00 Other Car Plectron' ' $ 730.00 S 175.00 $ 905.00 TOTAL HASTINGS PROJECT COST If awarded only this system: $ 56,000.00 - If awarded all four systems: $ 54,281.00 City of Lakeville Siren No. Siren E ui Pment Radio-Control_Equipment Installation Total i�de Cost Mode Cost Cost C_ 1 A.C.A. 5 6,050.00 Flectron $ 10081.00 $ 2,150.00 $ 9,281.00 2 A.C.A. $ 6,050.00 Flectron $ 1,081.00 $ 2,550.00 3 A.C.A. $ 6,100.00 Plectron S 1,081.00 5 9,681.00 4 A.C.A $ 6,050.00 Plectron S 1,081.00 5 2,580.00 S 9,381.00 S 9,711.00 5 A.C.A." $ 3,877.00 Plectron` $ 1,081.00 $ 2,000.00 6 A.C.A. 5 6,480.00 Plectron S 1,081.00 ' S 2,240.00 S 6,958.00 7 A.C.A., $ 6,100.00 Plectron S 1,081.00 S 9,801.00 g $ 3,500.00 $10,681.00 8 A.C.A. S 6,100.00 Plectron S 1,081.00 5 2,100.00 $ 9,281.00 10 A.C.A. $ 6,480.00 Plectron S 1,081.00 S 3,170.00 $10,731.00 A.C.A. S 6,48,0.00 Plectron $ 1,081.00 S 1,670.00 S 9,231.00 Encoder Model . C_ Installation Total Police Dispatch Plectron $ 1,250.00175.00 Fire St. 02 Plectron $ 1,250.00 $ S 1p425.00 $ 175.00 $ 1,425.00 TOTAL LAKEYILLE PROJECT COST: If awarded only this system: $ 98500 00_„__ If awarded all four systems: $ 97 5R7 nn • City of Rosemount Siren No. Siren Equipment Radio-Control Equipment Installation Total Model Cost Model Cost Cost Cost 1 . A.C.A. $ 6,100.00 Plectron $ 1,081.00 $ 1,850.00 $ 9031.00 2. Existing Siren : Plectron $ 1,081.00 $ ' 3• A.C.A. $ 6,480.00 Plectron 750.00 $ 1,831.00 $ .1,081.00 $ 1,600.00 $ 9,161,00 4. $ 6,050.00 Plectron $ 1,081.00 $ 1,800.00 $ 8,931.00 5. $ 6,480.00 Plectron $ 1,081.00 $ 2,470.00 $10,031.00 6, „ $ 6,480.00 $1,081.00 $ 2,650.00 $10,211 .00 7' $ 3 877.00 ., �� 8. „ 9 $ 1,081.00 $ 1,670.00 $ 6,628.00 9 I� $ 6,480.00 „ $ 1,081.00 $ 1,600.00 $ 9,161 .00 l0.. $$ 6,480.00 $ 1,081.00 $ 2,240.00 $9,801.00 3,300.00 „ $ 1,081.00 $ 2,360.00 $ 6,741.00 ncoder Model Cost Installation Total 'olice Dispatch Plectron1 350.00 Fire Hall Plectron $ $ 17 .00 $ 1,525.00 hief's Car $ 1,350.00 $ 175.00 $ 1,525.00 Plectron $ 730.00 175.00 $ 905.00 ;OST OF TWO 122-1-25db, 240 volt, single-phase, two signal sirens complete, including two , adio-control , timer devices delivered to the Rosemount City Hall : $ 15,000.00 TOTAL ROSEMOUNT PROJECT COST: If awarded only this system: $ 101,500.00 If awarded all four systems: $ lUU,482.00 GRAND TOTAL OF ALL FOUR PROJECTS: $ 289 889.00 ',idder may indicate any price differentials- if more than one but less than all four cities �etermine to award contracts.- arts And Service Availability' )ssible future (within 9 months of contract date purchase Ubdivision of Dakota County of the following types ofequipmentbove four cities of any other 1 . 122-125 db, dual-tone, 2-signal , 240 volt, 3-phase siren including starter and other necessary equipment: ' ACA Allerto $ 6 300.00 r 125 Model : 2. 122-125 db, dual-tone, 2-signal , 240 volt, single-phase siren including starter and other necessary equipment: $ x_800 0o Model ;�cA allertnr 1 S 3. 112-115 db, dual-tone, 2-signal , 240 volt, 3-phase siren including starter and other necessary equipment: $ 3,300.00 Model : ACA Screamer S10 4. 112-115 db, dual-tone, 2-signal , 240 volt, single-phase siren including starter and other necessary equipment: $�4,0�0,00 MOdel :_pCA Screamer S10 5. ' Four function, VHF, radio-control device including timer and counter: $ 1.1.30.00 Model : ec ron Signed: Aut�rized Company Representative The following ' are to our proposal on siren equipment EXCEPTIONS: 6) . ', Warranty: Standard factory warranty on siren equipment. warranty, '1 year warranty on labor. See attached 1 year 14) . Installation Date: 30 days after receipt of sirens -and radio equipment. 15) . Installation Delay Penalty: 18) . Pad-menu; Payment is due.on material and equipment equipment. If not paid by the cities then gElectric 3,SServiceays aCo. has fter cthetrif to receive and .the cities 'has the obligation to interest char a 'of 1 ght g �% above the current rime rate chargedcb First ato. a Bank of Minneapolis on the, unpaid balance. B y First National Radio enclodex 'for vehicles are a four function, four button only. All of encloders are per specification. r, other radio BID PROPOSAL FORM OUTDOOR WARNING SYSTEMS 'CITIES OF EAGAN, HASTINGS, LAKEVILLE, AND ROSEMOUNT City of Eagan Siren No. Siren Equipment Radio-Control Equipment Installation Total Model Cost Model Cost Cost Cost 1 1OV2T $ 49493.50 S $ S 2 10v2T $ 4,493.50 $ S S 3 LOUT ? s49493.50 $ $ $ 4 1OV2T $4,493,50 $ $ $ Encoder ModelCost Installation Total Police Dispatcher $ $ $ TOTAL EAGAN PROJECT COST: 17 974.00 If awarded only this system: $ If awarded all four systems: $ City of Hastings SirenNo. Siren Equipment Radio-Control Equipment Installation Total Model Cost Model Cost Cost Cost 1 1OV2T $ 4,368.50 $ $ $ 2 1OV2T $ 4,493.50 S $ $ 3 1OV2T S4,493.50 S $ g 4 1bV2T S4,493.50 $ $ S 5 Relocated Existing $ $ $ 6 1OV2T i $69500.42 S $ $ Encoder Model Cost Installation Total Sheriff's Dispatch S S $ Chief's Car S $ $ Other Car S $ TOTAL HASTINGS PROJECT COST: If awarded only this system: $ 24,349.42 If awarded all four systems: S City of Lakeville Siren No. Siren Ecuioment Radio-Control Eauioment Installation Total Modei Cost Model Cost Cost Cost I 1072T S4,493.50 S S S 2 10V 2T S 4,493.50 S S S 3 1072T S4,493.50 S S $ .t 1 O►2T S 4,493.50 S 5 10v S3,066.56 S S S S S S 6 1OV2T S6,500.42 � S S 7 1OV2T S 4,'68.50 S $ S 3 1OV2T i S 4,368.50 S S 9 1OV2T $ 6,500.42 S S S 10 1OV2Tg6,Soo.4z S S S S Encoder Model Cost Installation Total Police Dispatch S $ S Fire St. 42 $ $ S TOTAL LAKEVILLE PROJECT COST: If awarded only this system: S 49,278,82 If awarded all four systems: $ , v. le ` City of Rosemount r , ,ren No. Siren Equipment Radio-Ccntrol Equipment Installation Total Model Cost Model Cost Cost Cost 1 . 1OV2T $G.,493.50 $ $ $ 2. Existing iSiren $ $ 3. 10V2T $ 6,500.42 $ $ $ 4. l0V2T $ 49 493.50 $ $ $ 5. LOUT S 6v500-42 6. LOUT .$6r500.42 $ $ $ $ 1, lov $ 3,066.56 $ $ $ 8. 10 V2T $ 6,500-42 $ $ $ 9. 1OV2T SS,500.42 $ $ $ 10. '10V $ 2v587.73 $ $ $ encoder Model Cost Installation Total olice Dispatch $ $ $ ire Hall $ $ '.hief's Car $ $ iOST OF TWO 122-125db, 240 volt, single-phase, two signal sirens complete, including two � adio-control , timer devices, delivered to the Rosemount City Hall: $ 13,000.84 no radio TOTAL ROSEMOUNT PROJECT COST: If awarded only this system: $ 60,144.23 If awarded all four systems: $ GRAND TOTAL OF ALL FOUR PROJECTS: $ 151,'146—.47 sirens only •idder may indicate any price differentials if more than one but less than all four cities determine to award contracts. arts And Service Availability: Sentry Siren., Inc. Mid-Central Fire, Inc. 2812 North 9th Street 6221 Creek Valley Road Canon City, Colo. 81212 'd Edina, Mn. 55435 Phone 303-275-8691 Phone # 941-2111 'ossible future (within 9 months of contract date purchase by ,ubdivision of Dakota County of the following typesofequpmentbove four cities of any other 1 . 122-125 db, dual-tone, 2-sinal , 240 volt, 3-phase siren including starter and other necessary equipment:- $ 4,493.50 no radio Model : 1OV2T 2. 122-125 db, dual-tone, 2-signal 240 volt, single-phase siren including starter and other necessary equipment: b 4,500.42 no radio Model : 1OV2T 3. 112-115 db, dual-tone, 2-siggnal 240 volt, 3-phase siren including starter and other 5 8 necessary equipment: $ 217.71 no radio Model : 10V 4. 112-115 db, dual-tone, 2-signal , 240 volt, single-phase siren including starter and other necessary equipment: S 3,066.56 no radio Model • 10V 5. Four function, VHF, radio-control device including timer and counter: S Model : Signed: -�, U riA Authorized Company Repre entative �� ` hl ,'�'�-" 1"'�' S-7 Agenda Information Memo January 29 , 1981 Page Twelve BID AWARDS/WARNING SIRENS C. Bid Award for Warning Sirens -- Bids were received and opened at 4:00 p.m. on January 26 , 1981 to consider outdoor warning systems for the Cities of Eagan, Hastings, Lakeville and Rosemount. There were a total of thirty sirens and nine radio encoders . The purpose of this meeting is to consider the purchase of the four (4) sirens not the proposed locations . If the warning sirens are to be pur- chased, the City Administrator and Civil Defense Director will .proceed with an informational meeting with neighborhood representa- tives to discuss the location of all four sirens. The locations of the sirens should be determined at the February 17 , 1981 City Council meeting, at which time a public hearing would be established for that purpose. Enclosed on page 5 is a memorandum from Fire Marshal and Civil Defense Director Reid that provides discus- sion regarding the bids received. The total cost to the City o Eagan is estimated at $35 ,996 . It appears that the City will have federal revenue sharing monies available in 1981 to cover approxi- mately $34,000 of the anticipated expenses for the warning sirens. . The additional $2 ,000 would have to be appropriated from the General Fund. Also enclosed on pages _ .52 through is a copy of the actual bids for the outdoor warning system. nc osed on pages through 60 are some pictures of the actual siren, radio equipment and sp! eecc tication sheet for your review. The four (4) locations to be considered for the siren are as follows : Fire Station #1 , Police Department Facility, Timberline pump House, and a location adjacent to the water reservoir and pump house on Cliff Road east -of Pilot Knob Road. As stated above, there will be considerable community input regarding the proposed four (4) locations. These locations were- carefully selected by the County Civil Defense Director and Civil Defense Doug Reid through reviewing various maps and touring the site locations . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the purchase of four (4) outdoor warning sirens from the. low bidder. to r • TO: CITY ADMINISTRATOR HEDGES FROM: FIRE MARSHALL DOUGLAS REID DATE: JANUARY 29, 1981 SUBJECT: GQRNING SIREN BIDS Enclosed please find a copy of the awarded bid submitted by FIREAP. Representatives of the four concerned communities, Eagan, Hastings, Lakeville and Rosemount voted unanimously at a joint meeting on January 28, 1981 to award the bid submitted by FIREAP Co. As shown on the enclosed bid, the total cost of the system for all four(4) cities is $276,986.00 of which $35,996.00 shall be paid by Eagan should it decide to accept the bid as proposed. FIREAP has bid Federal sirens and ARCH*S2 radio control equipment which to the best of my knowledge is state-of-the-art equipment and should serve the City well in future years. The average cost of the siren, radio equipment and installation is $9,072.00. This price is slightly higher than anticipated due to a cost increase of 100 by Federal- on its sirens. FIREAP has received however, a price reduction { from Federal due to the size of this project. This project is the largest j in Minnesota's history and bidding companies have bid very aggressively in { order to win the bid. I would be willing to say that should the City have I attempted to bid separate of this joint venture, the sirens would have cost approximately $7,000-$10,000 more. This savings can be further implemented by purchases next fall. f I As a part of the bid, the companies were asked to offer a price on further j purchases for the possibility of future purchases. This price, as bid, shall be similar to the present cost, and all that would need to be determined is the cost of installation at that time. This offers the City the opportunity to purchase more sirens on next year's budget should it want to corplete its system. The sirens, if accepted, shall be installed by 120 days after the signing of the contract between Eagan and FIREAP. Assuming no labor strikes, the sirens shall be installed by June 4th and in time for most of the severe weather season. If you have any further questions, please contact me, and I will be glad to offer any assistance possible. jac f e S t Thund rbolf Siren The model 1000T is a CD 1-103 The model 1000T requires a class component type IV, 125 dB, size B RCM siren control, and the AR air siren. This rotating siren provides raid timer. Another model, the 1003 the greatest sound output and three signal siren, is also avail- mounting vail mounting flexibility of any similar able. It provides alert and attack civil defense unit. warning signals with third signal (FIRE) capability. The Model 1003 uses class RCM siren controls and the AF air raid timer with three signal A blower assembly and compressor capability. It is a CDI-107, three in the base of the siren provide air signal, size 3-B-3 siren. to the siren rotor above. A cepa- rate rotator turns the projector Both the 1000T and the 1003 are smoothly through 360 degrees, insur- available for 240 volt or 480 volt ing even and uninterrupted sound operation on single or three phase _ . coverage. current. a 'n ^s ,.,StYyyX.L A k e;jy. scs �4 i - i I I 4 • Select a Radio Equipment for Activation of Warning Systems The Siratrol Tone Activated Timer r { Models: ARCL - Low Band ARCH - High Band ARCU - UHF C - i The Siratrol is a radio activated siren There are two Siratrol models available. -control timer which consists of a solid The type ARC1 is for use with dual state tone activated receiver, a siren tone civil defense sirens. It provides the timer, numerical counter, pushbuttons "attack 9 warning" signal, and the for test or manual activation, and, "alert" signal in addition to a test- a weatherproof outer case and cover. cancel function. The siren timers, which, in the Siratrol The type ARC2 is for use with three- are rad.io activated, produce the individ- signal sirens such as the model 3T22 ual signals. The type ARCI timer features and model 1003. It provides for a fire pushbuttons for the "alert", or mono- signal in addition to the"attack-warn- tone signal, "attack-warning" or wail ing", "alert", and "test-cancel" functions. signal, as well as for manual test, and cancel. The receivers in Siratrol units are for siren control only, and contain no The type ARC2 Siratrol offers these same audio output. features, and in addition provides a third signal, the "fire" signal. The fire signal is an alternating high-low sound. 9 • 3 Specifications Model Model -- --. Model 5T Model 1000& 0 Aa 2T22& - — - SD10 1003 �� 3T22 — T Model RC6 G ~ Model 2T Model Model --+�-- 500T AR # Model Model AF ., RC5 1"W MODEL VOLTAGE PHASE HERTZ AMPS DIMENSIONS in inches SHP.WT. A B C D E F G J I Height LBS. 1000A/1000AT 208-240/480AC 3 60 34/17 56 28 29 46 24 J221 14 180 1500 10006/1000BT 240AC 1 60 54 56 28 29 46 24 14 180 1525 1003A 208-240/480AC 3 60 35/18 58 28 29 46 24 14 180 1525 10038 240AC 1 60 55 58 28 29 46 24 14 180 1550 MAX.DIAM. 3T22A 208-240/480AC 3 60 28/14 52 100 680 3T22B 240AC 1 60 50 52 105 750 2T22A 208-240/480AC 3 60 27/13 52 100 625 2T22B 240AC 1 60 1 48 52 105 665 BASE DIAM. 5 AT 208-240/480AC 3 60 32/16 41 25 54 430 513T 240 1 60 54 41 25 54 450 2T 120/240AC/DC 1 any 24/12 21 14 31 70 ROTATIONAL DIAMETER 500AT 208-240/480AC 1 3 60 34/17 70 53 630 SD10A 208-240/480AC 3 60 32/16 47 620 i SD10B 240AC 1 1 60 54 47 82 640 Controls&Timers Model Description Volts Wide High Deep Shp.Wt. RCM3 For 3 signal Thunderbolt;x1003* 208-240 or 480 18" 24" 8" 76 lbs. RCM-1 For Thunderbolt#1000/1003 208-240 or 480 18" 24" 8" 70 lbs. RC6A For 3T22 Sirens,3 phase 208-240 or 480 18" 24" 8" 75 lbs. RC66 For 3T22 Sirens, 1 phase 240 18" 24" 8" 75 lbs. RC5A For 5,SD 10, 2T22 and 500-3 phase 240 or 480 8" 12" 5" 17 lbs. RC513 For 5,SDI 0, 2T22 single phase 240 8" 13" 6" 26 lbs.. RC2 For#2 siren 120-240 6" 10" 5" 9 lbs. AR Timer for dual tone sirens 120-240 8" 10" 4" 14 lbs. AF Timer for 3 signal sirens 120-240 8" 10" 4 14 lbs. ARCHS1 Siratrol for dual tone sirens 120-240 18" 24" 8" 57 lbs. ARCHS2 Siratrol for 3 signal sirens 120-240 18" 24" 8" 60 lbs. PS Power Supply for leased lines 120-240 input 12-1/2" 10-1/2" 4-1/4" 14 lbs. 48 VDC or 96 VDC Output q *Nnt— Mr,.ipi lon'l cirenc ranuira hnth Model RCM1 and RCM3 Controls 60 Agenda Information Memo January 29; 1981 Page Thirteen CIsco'S A. Musical Eateries , Inc. , (Cisco's) for Conditional Use Permit for a Restaurant with On-Sale Liquor and Recreation -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on January 27 , 1981. An application had been submitted to the City for a conditional use permit for a restaurant with on-sale liquor and recreation to be located at 3994 Cedarvale Drive. The . building at this location was used as a movie theatre several years ago and, more recently, as the Disco• trek and Juke Box. The Advisory Planning Commission took action to recommend approval of the conditional use permit to the City Council . For additional information on this agenda item, please refer to a report that was prepared by the City Planner which is enclosed on pages to 3 through 2 For additional information, refer to a copy of.the"Xdvisory Planning Commission minutes enclosed on page . :Zs - -7 The City Administrator has asked that the City Planner do some a •ditional research on this agenda item. Seven ( 7) questions have been given to the City Planner and they are as follows 1 . Details regarding the type of entertainment at Cisco' s in Burnsville? 2. What type of fund raisers. did Cisco' s contribute to in the community, and did the fund raisers benefit the community of Burnsville? 3. What has the involvement been with the Valley Ridge Shopping Center, if any, by Cisco' s? 4. Why didn' t Cisco' s locate at Trunk Highway 13 and County Road 5 in Burnsville as they initially proposed? 5. Does the parking lot easement adequately cover the spaces required for both daytime and evening? Also,- is the cross easement that was signed and executed between Discotrek and the former owners of the Cedarvale Shopping Center valid? 6 . What is Cisco' s specific plan for security within the building and the parking lot? 7. What were the reasons outlined by the City of Burnsville for denial of the liquor license renewal for Cisco' s? i Enclosed on pages S through 7 9. is a, copy of the easement agreement that was entered into between Discotrek and Coldwell Banker Management Corporation, the former owner of Cedarvale Shop- ping Center. The City was not a party to this cross easement. i Agenda Information Memo January 29 , 1981 Page Fourteen For additional information concerning the questions asked to the City Planner and any other information, please refer to the Administrative Packet on Monday'. ACTION TO BE CONSIDERED ON THIS MATTER: To either approve or deny the recommendation of the APC to approve the conditional use permit for Cisco' s . CITY OF EACAN SUBJECT: CONDITIONAL USE PERt4IT APPLICANT: t4USICrAL EATERIES INC. - PETER KRZYANIAK LOCATION: 3994 CEDARVALE DRIVE, SECTION 19 EXISTING ZONING: CSC (C 4,UNITY SHOPPING CENTER DISTRICT) DATE OF PUBLIC HEARING: JANUARY 27, 1981 DATE OF REPORT: JANUARY 22, 1981 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED An application has been submitted for a conditional use permit for a restaurant with on-sale liquor and recreation located at 3994 Cedarvale Drive. CONF'I�dTS " Musical Eateries is requesting to open the old theater located in the Cedar<.7ale Shopping Center for a restaurant and night entertainirtient facility. Musical Eateries has :requested a conditional use from the City of Eagan in order to ob- tain a liquor license for this use. Mr. Peter Krzyaniak has submitted a letter to the City staff indicating their proposed use and some background on what t",as facility would incorporate. This letter has been enclosed for your review. According to Ordinance 52.07, Subdivision 11, On-Sale Liquor, would require a conditional use perr# within a CSC (Carmunity Shopping Center District) . In reviewing the location, the applicant has indicated to the City staff the building is approximately 9,200 square feet. . The site plan in the applicant's letter shows how the interior of the building will be used. The applicant, however, has not submitted an external site plan shoring the building in relationship to the parking for the overall shopping center. Besides the shopping center, there are two free-standing buildings which share the overall parking for the shopping-cen- ter. Mr. Krzyaniak has indicated that the capacity of the proposed entertainrient center would have a maxirmzn of 680 people. He is projecting that between 300-350 parking spaces would be needed for Musical Eateries once in operation. In re- viewing the existing location, it appears that there is a maxis um of 80 parking spaces for this facility. It is the City's understanding that cross parking ease- ments would have to be obtained- in order to provide for additional parking. As stated earlier, the shopping center and the two self-standing buildings, one the Jukebox, the other, the old Mr. Steak use the one parking lot. At the present time, the building being proposed for Musical Eateries and the old "L. Steak building are vacant. If and when both of these two buildings would re-open, there may be parking congestion within this area. Therefore, the intensity of this proposed use may be too great for this location. According g to the parking which would be available for the Musical Eateries, is 80 parking spaces. Accord- ing to Ordinance 52.06, Subdivision 13-N, Restaurants, Cafes, Bars, Taverns, 63 CITY OF F-AGr1`1 MUSICAL F'?TERIES INC. JAW, ARY 27, 1981 PAGE TWO Nightclubs, at least one parking space for each three seats based on capacity design. If there are only 80 parking spaces provided, the maxi-mm capacity for the restaurant would be 240 people. This is substantially a laaaer number than E what Musical Eateries has proposed. i If approved, the conditional use should be subject to the follaaing conditions: i 1. That the applicant meet all conditions required by the liquor license. 2. That the applicant provide the City with a cross easement signed by I the owners of the shopping center and musical Eateries providing 146 additional parking spaces. Detailed site plan sharing parking layout shall be approved by City staff. 3. All other ordinance requirements shall be met. DCR/jac *Enclosed is a newspaper article regarding Musical Eateries. 1 iri .:. .. UI LAC iii tie i. - ,rte • State statutes allow the use of deadly force by a law enforcement officer •when necessary to protect himself Officer Steven Baker and someone else from death or great (duly 1980 photo) , bodily harm; *to arrest ;someone the officer e believes has committed a felony using someone. 1 ' or threatening the use of deadly force; Dakota County Attorney Robert or to arrest someone the officer Carolan said a new grand jury will con 1 believes committed a felony if the:of- i-vene for the first time Jan. iS and that ficcr believes that, if the arrest is the cast should come up shortly delayed, there is danger that death or t e •: thereafter. great bodily harm,may be done to =Cisco's loses liquor license, Ro - � - - - . poi. Z-!r ti, r �plarns -to open doors today -� era g Cisco's in the Valley Ridge Shopping Cisco's to relocate at that site. tit wee Center planned to reopen today - S i (Wednes(lay) after being closed several `.Musical Eatery also plans to pursue DF days. since Dee._34 .when• its liquor,-a liquor license inEaganthis month,at , tion license expired. the site of what formerly was The Juk RoY. r • U.S. District Court Judge Robert BOX- ", peri Renner on Dec. 31 denied Musical.Y Mikc Pzyzaniak, Cisco'. owner, Sieb Eatery Inc.'s motion for a temporary` v told Th Current San: ;Z "Chat- the. wor restraining order to force the City estabtishinent would be'open That day sion Council to allow Cisco's to continue and.Saturday but would not serve li serving liquor at the Valley Ridge iite: quor. Ciscc's' was closed Jan.' 1..A __ ` Gerald Singer, attorney for Musical telephone recording advised customers Eatery, which owns Cisco's, said late that Cisco's would be closed Sunday, Monday that he is unsure of what ac- Monday and Tuesday and reopen to- tion he will take to attempt to restore day. the license, but that he plans to make 4.Z some efforts this week. Musical.Eatery Paul L. Podruc" DDS was represented Dec. 31 by an � r� associate of Singer, who.w.as on vasa- Family Dentistry - -- -tion until Monday. y. Still pending in U.S. District Court is M F—8 a.m. - 5 p.mZA Musical Eatery's request for a judg- A - . .. merit on the validity of a contract the Evenings & Saturdays' �< corporation and city entered into last by appointment �'¢ year. Under the terms of that contract, 432-3131 Musical Eatery• was granted a six- Wood park plaza month liquor license,beginning Jan. 1, 1012 E. Co. Rd. 42 - Burnsville 1981, at a new location near the in- iersection of County Road S and "s . Highway 13. Musical Every has charg- . ed that various actions by the City Kirby Co.. of Cedarvale Council have made it impossible for GRAND `Preliminary final' OPENING ` census figures out one Week only Burnsville's population grew from Tune Up Special 19,940 in 1970 to 35,681 last year. $995 ieg. •14" - �t Dakota County's population increased (-� 39 percent during the same 10-year - kanperiod, according to "preliminary *C'em- da bnA bag-n>raxush - final" figures of the U.S. Census •Grease•front&rear bwrvq Bureau.The figures reflect revisions of •Reface arnutum '• �. _ • • Musical Eateries , Inc . d/b/a Cisco ' s January 20 , 1981 City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55111 Proposed Site: 3994 Cedarvale Dr. Eagan, Minnesota Proposal : To create a restaurant, entertainment complex, with full liquor license to operate 7 days a week. Restaurant to cater to noon time lunch business , and to continue all afternoon thru dinner and early evening. Entertainment center would consist of gameroom area with pool tables, and electronic games . A large dance floor adjacent to concert type staging , with live country music and top 40 contemporary rock . National entertainers would be brought in on a regular basis along with the best regional acts available. A combination dancing and listening facility providing for a well rounded entertainment facility. Musical Eateries, Inc . has established itself as a leader in showcasing national and regional entertainers , providing, a facility that appeals to all ages from 20 to 70 . The following is a breakdown item by item of the basic format Musical Eateries , Inc. will follow. Interior Decor: A western motiff . Rough Cedar will be the main material used in paneling and ceiling design. The entry will be located at the north end of the building. Upon entering, a workingman' s type of bar. will be located at front window area. Hanging plants and other types of foilage will be provided and cared for by "Bachman' s" . These plants will entice the entire front 'portion of the building. Surroundin,7 the front bar will be restaurant seating for approximately 200 patrons . The main showroom will again be designed in a western motif . A large rectangular bar will be located in the center of the showroom. The bar itself will be done in brick and rough cedar . The bar will be surrounded by theatre seating. Track lighting will be used throughout the building . Theatre lighting will be provided over the entire stage and dance floor. 64 City of Eagan January 20 , 1931 Page two The entire theme of the building will follow a western style setting with a western style steak house . Restaurant Hours and Menu : The resta--,rant will open daily at 11 : 30 a.m. , 7 days a week. The kitchen would remain open through the afternoon. The dinner menu would vary slightly from the lunchtime menu. Kitchen will remain open until 9: 00 P.M. The menu will consist basically of combination steak platters, hamburger baskets , shrimp , chicken, roast beef , prime rib, and various appetizers . Prices will range from $2. 95 to $7 . 95 . The chef will be a gentlemen by the name of Randy Peck. Randy is currently the head chef at the Wilderness Restaurant in Prior Lake . The Wilderness is well known in the Twin Cities, and we feel very fortunate to have Randy Peck as part of our team in Eagan. Entertainment: Musical Eateries , Inc. has established a policy of providi-g a wide range of music, from Country Western , Bluegrass, music from the 40 's , top 40 Contemporary rock and Nostalgic rock. National entertain•3rs such as Earl Scruggs , Bobby Bare, Jeannie C. Riley, Doug Kershaw, Dottie West, The Guess Who , The Bellamy Bros . , Larry Gatlin , and many more will provide Ea,an with a facility that will- be illbe well known throughout the Twin Cities . Twin Cities newspaper reviews will provide Eagan with consistent press: coverage whenever national acts are provided. Live entertainment will be an intr:cage part of ,Musical Eateries operation. Security: Musical Eateries, Inc. , has developed a very strict policy in regards to nighttime security. A great deal of money will be spent on customer supervision inside and outside the building. Musical Eateries , Inc. will assure complete responsibility in controlling the following,: 1) Carding of patrons to insure against minors entering the facility. 2) Strict supervision in gameroom and enter- tainment showroom. 3) Complete control of parking lot, to insure immediate departure of patrons from lot at closing time. At current Burnsville location in 3 full years of operating , Musical Eateries, Inc . , has never had any tag for violation of any ordinances , never an incident of a minor being allowed into the facility, no capacity violations , and never a liquor liability claim. Musical Eateries , Inc . record speaks for itself in these areas and will continue with the very successful policies it has established in the past 3 years . 67 City of Eac;an January 20 , 1981 Page three rund Raisers : Musical Eateries, Inc. intends to become very involved in community activities in Eagan by providing the City with a facility that can be used for various types of fund raising events. In the past year, Musical Eateries, Inc. has worked very closely with the - Dakota County Development Learning Center and has provided funds to help this organization continue its meaningful program for retarded children-. Musical Eateries, Inc . has discovered that country western performers on the national level are quite often willing and eager to become involved in community oriented fundraisers and will usually donate some of their time and talents toward a successful event. Musical Eateries , Inc. has investigated the possibility of co-promoting with the Cedarvale Merchants an annual "Eagan Summerfest" . This annual event could be held in the Cedarvale Center and would be a non-profit fund raiser for any number of various charities . Enter- tainment could be provided by various polka, country and 50 ' s bands, either in tents or inside the Center itself. Various booths coul1: be set up to provide areas to sell and distribute articles helpful in realizing revenue . In the no to distant future, a presentation will be made to the Eagan Council regarding this matter. Conclusion: Musical Eateries, Inc. has operated in the Valley Ridge Center of Burnsville for the past 3 years . There has been one problem and one problem only at that location. The Valley Ridge Center is located in the heart of a residential area. Consequently, as Musical Eateries , Inc. expanded their operation the traffic running through the nei ;'.:- borhood increased. To compound the problem, Burnsville ' s softbali facilities are 2 blocks from Valley Ridge Center. In the summertime the combination of the softball fields and Cisco ' s created great amounts of traffic and noise . One of the two facilities had to go. Obviously, the logical choice was for Musical Eateries, Inca to move their facility to a new location. An agreement was reluctantly signed with the City of Burnsville to move the business by December 31, 1980 . In its effort to find a new location, Musical Eateries , Inc . carne upon the vacant movie theatre located at 3994 Cedarvale Dr. , Eagan. This facility appeared to be a very fersible location to investigate. Further checking revealed that the zoning is proper for a restaurant, entertainment complex . The next concern was the availability of parking . It turned out that parking is plentiful . In addition t^ proper zoning and plenty -of parking, the theatrehas easy access fr all directions . No matter what direction you go a major thorough are is readily available, thus eliminating the possible problem of neighborhood traffic excess . A survey was conducted in the Cedarvale Shopping Center and surrounding businesses and the survey revealed strong support for a 69 City of Eagan January 20, 1981 Page four combination restaurant/entertainment facility in Cedarvale. A petition was signed by all and that petition is enclosed. In summation , I feel that Musical Eateries, Inc. would provide the City of Eagan with a facility that would prc-,ide the communit with a prosperous business that would create much needed traffic flow into the Cedarvale area. Beyond that , Musical Eateries , Inc . will provide the City of Eagan with a major restaurant and entertain- ment complex second to none in the Twin Cities . In reviewing this outline prior to the January 27th Planning Commission Hearing, please jot down any questions you may have regarding this proposal and I will be very happy to answer them for your on January 27th. Thank you for your cooperation and help. very t 1,ly yours , Peter rfzyaniak 69 PrQ cte cc n J F�rL Exi+ 4- 4-- -� I + -+- 4 -4- + -4- T- �- fi + ^ t + �- -� + -- + + �� •� -70 lY:l_,T 31 C Ii+ 3i i J �.• Ve the under_ig-ned, all merchants or neighbor:, located within 300 ft . of 3994 Cedarvale Dr. , fully understand and support the proposed rest aurznt, entertainment facility with liquor, that =y:�z�ical Emeries Inc• intends to operate at the above mentioned address 3994 Cedarvale Dr. Eagan, Minn. E ADDRE'S 3 SIGNATITj Fy / �:•, I � LI 77 47 LIr r ` � - Imo. _ I 1♦ _ { y 9 t E A S E M E N T A G R E E M E N T THIS AGREEMENT, made this day of C_Q ba-f- by and between Cedarvale Company, a co-partnership consisting t_ of Coldwell Banker Management Corporation, a corporation,' and D.C.R. Company, a Minnesota corporation, party " hereinafter referred to as "Cedarvale , and <.0 of the first part, a Discotrec, Inc. , a Minnesota corporation, party of the second part, hereinafter referred to as "Discotrec", WITNESSETH: WHEREAS, Cedarvale is the owner of the real estate in the County of Dakota, State of Minnesota, legally described on Exhibit A attached hereto and hereby made a part hereof; and WHEREAS, Discotrec is the owner of the real estate in the County of Dakota, State of Minnesota, legally described on Exhibit B attached hereto and hereby made a part hereof; and WHEREAS, a portion of the westerly boundary' of the said premises of Cedarvale adjoins the easterly boundary of the said premises of Discotrec; and WHEREAS, Cedarvale desires to grant to Discotrec an easement and right-of-way upon its said premises on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereinafter contained, it is hereby agreed as follows : 1. Cedarvale hereby grants and conveys to Discotrec, its tenants, employees , visitors 'and invitees, a non-exclusive easement and right-of-way for driveway and parking purposes over and upon the said real estate owned by Cedarvale described on Exhibit A attached hereto ,and hereby made a part hereof, after seven o'clock T III v,f. r?t: p.m. on Mondays through 'Saturdays and anytime on Sundays . 2. While said easement and right-of-way shall be in 4y . force and effect, Discotrec shall pay to Cedarvale the sum of M' FiftyDollars ($50 .00) per month on the first day of each and every month. 3. The leasement and right-of-way granted herein is to ;f be by Discotrec, its successors and assigns as appurtenant to the said described real estate owned by Discotrec described on Exhibit B attached hereto and hereby made a part hereof. { IN WITNESS WHEREOF, the parties hereto have hereunto set r their hands and seals the date herein first above written. In the presence of: CEDARVALE COMPANY ,: ' By D.C.R. Company PARTNER r; PARTY OF THE FIRST PART t DISCOTREC, INC. ,•Cis �•' 41 PARTY 0 HE SECOND PART STATE OF MINNESOTA) a1AK.(Irf+ ) 3S. COUNTY OF ft=UUMCN) i The foregoing instrument was acknowledged before me thist f� day of �� e.&mbe�� 19"2 ) , by D.C.R. Company, a partner on behalf of Cedarvale Company, a partnership. I� �"raC�',2� �!�i�_'.a T r:.. ..7 °'`;l' la: c•.. Al NNITIOT4, 24 1918 ' tfr9'it fii7F.Znrn•rn•'� •� �� 'i:i�. i,l w. -2- I i,"e STATE OF MINNESOTA) ss COUNTY OF REi NER-IN) The foregoing instrument was acknowledged before me this day of by of Discrotrec, Inc. , a Minnesota corporation, on behalf of the corporation,. n, 1a0Jr30TA 1 ...r'•v 11.": Y . �.%G Jf,r.t.'v•_r•-+ .r.T----- "'��yY.1L1Y Yi+�C lyff/YY'JitiV�iti'tii: u i d 1 i 3-- `7 7 , i s 1:c1 nk: o t the Vorth— 1 A ',tirice o,.q t 2 ri n►y x.40-�.. �. fl or loco to the i sU3a soat'.aresterl• Loa:inL NTA4 0207'3B"S1 , feet to the point of H • '4nnr at. s .B e . c , 1.o. 1.3 with a line 1/4 of Section 1'+i; .rsection ci th a' line I d` it of way line of + ,l y✓ �� -rly right of way line -!E%gter17 ri;ht of wad -o the point of •� _ - Roy ,. ar W Ob o \ v o �• No's . .� \!`'''�/ •'�• .�'+ V N t� �'' h + ar Vk ! \ %NN b , ` r • 1 .• .�'' � ,.. i+ ilk• 1�' / . i Exception for i. o �. That part •of t► ` E described as along rhe wtst / the eaeterly ri thence North 1 r feet to a Point }. . way line of Stti''. of way line parallel with distance of ;SE ' begitming; ttir .. a diste,r a of Drive • t:;:,nce X South 4u%S Ear I ti a �• JAN, K Lab 1 •:ti'X T . ••}� 'f tiY('• ('• MET � EL ^ ,; �: .tip j 1• .. � � �'•� � .Y :�'' / I � �I; ,III � �� r Li Ul /l� �j \' �\� � _�r� �,+' 1{ (�i I LI'i�� 11'li III',, f'"}!�L'�"!;1 .`,./ ' � r � •� f 1 _L0`A7I � w j ., III{LI�I�II � .n.�i •t ) , �' .� _ '_' I � L:/� � ��,: _— � �' �"�• I hili I� �I � /� 1.• eel / - Y •'• !�• MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA JANUARY 27, 1981 MUSICAL EATERIES (CISCO'S) -- CONDITIONAL USE PERMIT A public hearing concerning the application of Musical Eateries, Inc., for an on-sale liquor permit and amusement device location at 3994 Cedarvale Drive was next convened by Vice-Chairman Hall. Making the presentation were attorneoy Gary Levinson and Mr. Peter Krzyaniak. Mr. Levinson presented the proposal of the applicant and further stated that the move of the Cisco's establishment from Burnsville to Eagan was the result of problems which had arisen due to the fact that the shopping center location in Burnsville is located in a residential area without sufficient major street access to handle the flow of the late night parking. Mr. Levinson stated the intent of the applicant to meet all Eagan's ordinance requirements including parking space availability. A copy of a previous cross-easement was presented to the Com- mission by City Administrator Hedges and the Commission requested that the staff and City Attorney's office examine the easement with respect to its enforceability and condidtions. The applicant stated that entertainment would not be provided prior to 9:00 p.m. Commission members raised concern regarding traffic flow around the restaurant location, parking lot, security, the ability of the applicant to maintain the 40-60% food and liquor sales and also parking along adjacent City streets and service lanes. Police Chief Martin DesLauriers was in attendance and stated that there should not be a problem with traffic flow and adjacent streets could be restricted for parking purposes. Mr. Krzyaniak stated the applicant's intention to instruct customers to leave the parking lot im- mediately after exiting from the building through "no loitering" signs posted in the parking lot and further through the. use of a private security force which would be provided by the applicant. Mr. DesLauriers responded ,to ques- tions by the Commission stating that four to six security officers would have to be on duty during operations and that the Eagan Police Department could not provide officers for this purpose. Mr. Levinson indicated that the number of calls requiring police response in Burnsville were substantially less than those of similar establishments and that Cisco's has never had a dram shop claim against it. Mr. DesLauriers discussed past police problems with the former Juke Box establishment which were limited to litter left in the parking lot after closing and the use of alcohol and drugs in the parking lot. Mr. Krzyaniak indicated that these problems would be alleviated due to the use of a security force, due to the fact tTiat youths would drink in the parking lot at that time because there was no liquor facility in the building and because an entry fee or cover charge would prevent customers from going back and forth between their cars and the building. After further discussion, Gits moved, Bohne seconded, that it be RESOLVED that the Planning Commission recommend to the Council approval of the condi- tional use permits for on-sale liquor license and amusement devices subject to the following conditions: � 3 1. That the applicant meet all conditions required by the Liquor License Ordinance. 2. That the applicant shall provide the City with a cross-easement enforceable by the owners of the shopping center and Musical Eateries pro- viding 146 parking spaces in addition to those located on the property being purchased by the applicant. Detailed site plan showing parking layout shall be approved by the City staff prior to occupany. 3. All other ordinance requirements, including the amusement device - ordinance, shall be met. 4. That the applicant shall provide adequate security for the building and parking facilities at all times as determined by the City. Hall, Gits, Bohne, and Heywood voted in favor; Wilkins and Krob, against. 7 2 that part of the !:octhaaat 1/4 of SICtt*n 11• TO%0"6htp 27* �czge 23. DakoCZ CUu:[ty. �fln.-«snLa d•earr22.e.dy Solln.,Oz Corr.eacing at the Soz:chvest corner of said Vortheast 1/4; , thence 2:orta a1o:3 the west line of said 2:orthcast 1/4 s dL Lente rt 198.82 feet; thence East 33 feet to the easterly T%: t of way line of Cedar Ave^.ue; thence north 47o East a • stance of distance of 270 feet, 00-551 551 estoald sta--c ofi75.0 feet 35.9.4 feet; thence North 40 55 ' heasterly to a point on a line par-Ilel with and 60 feet sout ' O the southeasterly riga t. of way lima of State Highway 2T0. 13; - . 'thence .Sorth 430-03' East parallel With said southeasterly _ • . ' right of way line 4Q8.8 feet; thence South 400-55' East a iis�aace of 215.0 feet to the actual point of beginning; -thence north 49-05' East parallel with said southeasterly • ,.•.tight of way line 150.0 feet; therce South 400-55' East a 'distance of 203.02 feet core or less to the northwesterly light of way lire of Beas-Ba-Rue Drive; thence South 56°-41' - • rest along said northwesterly right of way line 251.33 feet tore or less to a line bearing South 400-55' East from the . point o` beoia-.:r.3; thence 'Orth 40°-55' west a distance of :any the point of beginning. Containing 0.66 core or less. - - T • - • EXHIBIT Now 30-0* I is l I .. 1 I ,• t W1 r I � J ......... .. V' - - 48 -0' -- I v Yi C�P a 2. Concrete pod 28 x 36-9' •Q tiG Q ........... fence 28 ►� 30-0* 9 i Gate i IV r. .. .......... ....t..__ i i fence , I I I ' I , o ' v ¢ 1 Ar I , 1 . . ..... ...... .......... . ..... .. . ........ ~ -7 - 45 — 2 -— ►•� 0 0 Agenda Information Memo January 29, 1981 Page. Fifteen BARREL RECONDITIONING B. Barrel Reconditioning, Inc. , for a Variance from the Front Setback REquirements and Asphalt Surfacing for a parking Lot and a Conditional Use Permit to Allow Outside Storage -- A public hearing was held by the APC at their last regular meeting held on January 27, 1981 to consider applications for a variance to front setback requirement and asphalt surfacing for the parking lot and a conditional use permit to allow outside storage for Lots 17, 18, and 19 , Block 2, Eagandale Center Industrial Park #4 for Barrel Reconditioning. This item was first heard by the Advisory Planning Commission at the December 23, 1980 APC meeting. At that time, additional information was required by the Planning Commission and also a request for a conditional use permit for the outside storage was to be considered. For additional information on the matter, please refer to the City Planner' s report, a copy of which is enclosed on pages through9 for your reference. For a copy of the action a en by the , for to pageOn Tuesday, January 27 , 1981 , the Mayor, Planning Commission ember Wilkins , the City Planner and City Administrator toured Barrel Reconditioning with the president, Mr. Jim Jordan. The operation was found to be innovative, clean and there were no hints of any potential problem with hazardous waste to ground water and it appeared that all environmental concerns were more than adequately met by the operation. Enclosed, but not given a page number, are some brochures for Barrel Reconditioning with pictures and - expla- nation as to the operation. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the APC to approve the variance and conditional use permit for Barrel Reconditioning. CITY OF EAGAN SUBJECT: VARIANCE AND CONDITIONAL USE PEZN!TI' APPLICANT: BARREL RECONDITIONLr1G I24C. LOCATION: IOT 17, 18, 19, BLACK 2, EAGANDALE CI21TER INDUSI'R.LAL PARK #4, SEC'T'ION 11 EXISTING ZONING : I-1 (LIMITED INDUSTRIAL DISTRICT) DATE OF PUBLIC HEARING : JANUARY 27, 1981 DATE OF REPORT: JANUARY 20, 1981 REPORTED BY: DALE C. RDNKLE, CITY PLANNER APPLICATION SUBMITTED An application has been submitted for a 15-foot variance from the r3rking setback requirements along a public street and a variance from the asphalt surfacing re- quirement for a parking lot which contains more than four stalls. The second application submitted is a request for a conditional use permit to allow outside storage on Lot 17, 18 and 19, Block 2, Eagandale Center Industrial Park #4. In December, 1980, Barrel Reconditioning Inc. submitted an application for a variance to allow a parking lot which :could only have a 5-foot setback from a public street. The rain concern at the Decerber meeting. was not the parking lot but Barrel Reccn- ditioni.ng had also made application with the State and the County for a hazardous waste processing facility. At the public hearing, it was also brought out that a conditional use permit would also have to be obtained in order for this facility: to operate in Eagan's industrial park. The applicant has now made the application F,-.- the conditional use permit which is being processed for the January 27, 1981 publ-c hearing. , Since the last meeting, the Advisory Planning Commission directed staff to see what could be done to control industries in Eagan which vnuld have to obtain a hazardous waste processing or generating permit. The staff has met with Lor. Dave Guerney, who is the Dakota County Environmental Health Engineer. The State has designated the County to process and enforce all of the hazardous waste permits which would occur in Dakota County. 17r. Guerney has indicated with the new legis- lation which was just approved, he could perceive Eagan having approximately 30-50 industries which will require hazardous waste processing permits, and between 8-10 industries which will require hazardous waste generator perruts. Mr, Guerney also indicated that in Dakota County there will be approximately 220 hazardous waste treatment or storage permits which will have to be issued within the next year. In reviewing the State and Federal requirements with Pyr. Guerney, the permit process will have very strict requirements which will have' to be met in order to obtain a permit. In reviewing Eagan's zoning ordinance, there are already prolrisions in the ordinance which could control the industries which process generator store hazardous waste. Ordinance 52.08 , Performance Standards, Subdivision 1-C, Toxic or Noxious Matter: The discharge of toxic or noxious matter shall conform with the minimum standards as adopted by the Minnesota Pollution Control Agency. And Subdivision G. �1 CITY OF E AGA,_V BAPJ= RECONDITIONING INC. JANUARY 27, 1981 PAGE TWO Waste Material: Waste material resulting frau or used in Industrial or Cor P-rcial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system nor the sanitary sewer system, but shall be disposed of in a manner approved by the City Engineer which is consistent with the policies and standards of the ^linnesota Pollution Control Agency." Therefore, the City does have control if a industry in Eagan does not conform with the regaire- ments set forth in the new legislation. If a violation occurs, Eagan can then process the violation as any other violation which occurs in the zoning district. In addition to Ordinance 52.08, Performance Standards, the City may recraest the County Agency to update the City on a yearly basis regarding the indust—ries which have received permits in the past year. Therefore, the City will know which in- dustries in Eagan produce, generate or store any hazardous waste riaterials. Conditional Use Permit As stated earlier, Barrel Reconditioning Inc. has submitted an application for a conditional ase permit to allow outside storage. The applicant is proposing to fence the en-ire storage area and screen the portion which abuts *like Collins Drive. The applicant is proposing to plant Black Hill Spruce ever., ten feet alone "Like Collins Drive and also pro-ride ground cover of the juniper specie. Therefore, the screening will be adequate for the outside storage. If the conditional use is approved, it should be subject to the following conditions: 1. The storage does not exceed the 6-foot high fence. 2. Dust control measures be used on the storage area. 3. If and when development occurs to the east of the proposed facilit,7, that a landscaping plan be submitted and landscaping be provided on the east lot line of Barrel Reconditioning. Additional Comment The Advisory Planning Commission may want to make a motion that Dakota County Environ- mental Health Engineer inform the City each year as to the industries which have ac- pled for any hazardous waste permits or if they have found any violations to any of the permits they have granted. Enclosed is a copy of the report from the December APC Meeting for your review. DCP/jac F2 CITY OF EAGAN G' - SUBJECT: VARI"NCE - �0 APPLICANT: �- cFr^,;• TTT�, -,�• I"1C ._ .. LOCATION. LOTS 17, 18 and 19, B !'�Y CCK 2, E 'i CENTER PAP: #_ EXISTING ZONING : LIG? - I"rUS I InL DISTR C- DATE OF PUBLIC HEARING: DECILE'-G---' 23, 1980 DATE OF REPORT: DEC'.WBER 17, 1980 REPORTED BY: DALE C. RU:TVL-. CZ- P1S"i:iER An ar-rlicati*Qn h1-3 been submitted for a 15-foot variance from the parkin.- set--ack req,lirgzmente along the p'uhlic street, and a variance from the as-cha:l __ ,a=—r requirement for a parkinc lot which contains more t1:a.^, 4 stal_s. C_.._. The ^,ity Staff had cbser,<_,3 a parkin^ lot wh_ch ^^. ` Ear~el had been �:struC . ed by Re2_nditioninz- l'2. which did not meet the setback recuirements of Crdinar.�e 52. The applicant had graded the site and placed crushed rock surfacing on the rarkinj area ahi2, did not meet the stan_ards of 0rd_na_nce 52. .Sta'_ in`_�.r-el P--rel Fecd-1 _,3ni_2lIZ1C. that in OraP_r to ai107 this par,.-nz, lot. ? V3^ia' _ would ha':- to be zra^:ted by the Ci.y in order for Barrel Reconditi-=i.^.g Inc. to kee:, this rlot In the Industrial District. It is the staff's ,i^der3tandirg that the parka:.g lot area was installed in orf'_�r to pr o-.-de off :reet parki^b for Barrel Recondi,ioninz- _nc. empl gees. Si_:. they're a ne:-r ?cm-•__y in the City, they indicated that they could not afford to surf�=_ce the park--!:E area at this time, but .rit::in 1-3 years would relocate the par::i..g lct and construct a new -arki'� lot which would r.:eet all of the ^.rc'inan�.�e re-, :ireme_: s. j-ere`'i � re, the a^ licant _s rec--resting a te=orary var' n-2e for 2-3 years 1=t-'Ll tiT-e Barrel Re-,3nditioni g Inc. can afford to provide the proper facilities. The variance is incidental to what the real problem that Barrel Reconditiorin Inc. may be facing. As I have stated earlier, Barrel Reconditioning Inc. is a new ra^y .;h1ch .bought an existing building in the Industrial Parc. Barrel Rec. r.di:ioning enc. remodeled this building and started its oNer_tion in the Cit- wi-.hout infcrming the City of their operation or: if their opera ion is ever, per- mitted within this zoning classification. Sin the .::e '_.e varian-e applicati-n had been submitted, the Pollution A_a-. r and the Environmental Quality Eoard had sent.notice to the Ci.-r Barre 1econdi,ionin1- Inc. has made an application to the Pollll,ion ager.:,, to Co:. .rust and operf-e a proposed hssard=: wa,te proces-in7 facility in -a:-a^. Fnclosed is a copy of the statement which the Environmental Qun lity Board " ~i INC'. r defines the .=^C..s e 7 .. DpFrati^n. Since the ti^a the Ci}.•.' .".f Ea-m.. has ra^ei'."ad '..:2 noti_,e re''rH :1 'acre ReC_ndition nj Inc. , the sjarf h?s been rev ?::'=; t::' pe_.. . - :ltted i1s :7 eS '!:= �' :•: : are a�leed In a Licht Ind':Striai ii strict. the Va„I and myself are in the process of �atll:er_^ az !such i:i'_r::'atlon a- possl- e tC dc- ter--ire if this c'�er„icn is a pe=.itted use :r not. 4t this ti:-:e, the Cid-: ha not ccmpleted t:''i_ res. __ch and hcpef'.Liy ty the Decem'-_er 23rd ^-.eetiTnrz, 1 b_ ac' e to an :.er Y:1e3 .1 --_7 re,_ ” _ �.. Barre' Recondi tio^-"� InC. as ei t� eT' ue i a per-it.ed use or not beim a Yer..._t-e3 use. If a_^.� of y cti have a^ g7.es-_ .n- , cr would like a:--,y research conducted, please feel free to cont-_,t me tefcre t .-� Dece-cer 21„d ^':eetinig% ';;e ,i;l t-. 1, to provide all infir--aticn necescary for the kivisorj `ianmin:; C=_ssio^ to make a determination. DCR/ ac • • TC: JOE HARF.IS0111, CIIAI-1,21 `1, AND THE ADVISCRY PLA 1Ni`?G COi:VIS SION FRC':1: DALE C. RUNti�E, CITY PLANNER DATE: DECLMER 23, 198E SUBJECT: AGEN" ITE'.1 I 17.1 D UNDER PUBLIC I rtRI".1`rS - BAT'_1 RECO^.DI LONi"G I11C. Since the time the staff report was written, staff has had an opportunity to meet with '.,Ir. James Jor an, President of Barrel Reconditioning Inc. and to go out and go through the Barrel Reconditioning operation. The business consists of ta .irg used drums, cr barrels, that have been used in other businesses and re-process, or clean- the dr,_:.s and put them back into circulation. The operation consists of taking the empty drums, cleaning the inside and outside of the drum, testing the drum for leaks, repainting the drum and shipping them out to companies fcr use. In reviewing the proposed. operation with htr. Jordan, it appears that they .rill not be processing hazardous waste, or a very minute part of the recycling of the barrels produces hazardous waste. Itis the staff's understanding that the only hazardous waste on the site is paint chips which are ground off of the barrels which come in which contain lead paint. The lead content in the pair.' exceeds Itinne eta standards, therefore is classified as a hazardous waste. There is a very small accumulation of the paint chips in this process. In repainting the barrels, Barrel Reconditioning Inc. uses a non-lead paint which is one of the only compani s in the State to use this process. Therefore, the paint is a non-hazardous Product. In re-;ie:�ring the operation, in accordance with Ordinance 52.07, Subdivision 15, it a7-ears that the Trccess, if the Planning Commission and Counc_l deem the use similar, could fall into Number 1, "Conducting a Process, Fabrication, Stcra�e �)r Manufacturing Light '1aterial or "Jhclesaling Operation or Providing a Service ;n- cludi , any of the following or similar uses meeting the performance standards appliz ble to the I-1 Distract", or it could possibly fit. into Item Nu^iber 12, Research Laboratories" since the proposed business is a completely new breakthreu~h in reprocessing the barrels in that rest of the mech-nical or machinery within the building has been designed. and built at that location with the company. If proven a success, they will patent this operation for use in other pa--7o of the State and country. Therefore, this operation is one of a kind. If the Plannir Commission or Cc, ncil approve of this business, it could be deemed a similar use by the City Council. In reviewing the proposed business, the City staff has noted that there is outside storase of b--rrels arith this operation. Therefore, the anplica-.t should apply for a conditional use permit for outside storage and go throu5h the public hearing prc- cess-' There should also be a great deal of screening and requirements placed on this outside , 'ora?e to keep the industrial park as nice as possible. The appli- cant has not at this time applied for any. permits from the City of Eagan with the exception of the variance, which is being requested at the December 23rd meeting. The applicant has also su-:ni-ed twc letters for additional information for the Advisory P an ing CcR:mis3ion to review. The first letter is the report, or fine ,_ t at the '.Unnesota Folluticn Control Agency has fol.-.d in `re evaluation of Barre'.. Reconditioning Inc. This letter states treat the proposed business is classified as non-hazard-us in its operation. The second exhibit, or letter,are the �cmp�rerts or compositicn of the components used in the recycling process either fron. the Q� Page two Agenda iter; D - Barrel Reconditioning December 23, 1930 material which is in the barrel, or what is made from the materials going throu ri this prccess. Enclosed is the supplementary materials provided by Barrel Recon- ditioning... Since^ply, Dane C. Runkle City Planner DCR/,j ac o O ST.-ATE OF SII.NESOTA Minnesota Environmental Quality Board 100 Capitol Square, 550 Cedar Street, St. Paul, Mn 5 101 Volume V. Issue 24 (612)-297-2600 December 15, 1989 Permit F'D :c n) _ tze :s to sol.Z_t - so that _nea;plicr.3r.t caad _ss t`ose`cor,.- ments on the fina1 perm:' arr:1cation. Daks-a1r.ty 11 Ccr•�eats or Petitions f r :lbli hearing er--t- Fos-- S7stem State Dis >> should to submitted by Ct:c..•rber 28, 19 o t_: - , - Susan M. Fischer .: _ Barre: P.e_..r:diti^ring Inc. o Mir. rota Polliti--n control Agency Solid waste Di:•iscn Minnesota Po111ticn Control A;er.cy 1935 west County Road 9-2 ,r_, ,. Roseville, Minnesota 5=113 e_ _,-r_:.t1on: C.^strict and operate a ;r-;csei ^azar acs wsste processinj facility in ti n -! Ques_.., s can be erected to Ken Podresk3r, "innescta. The p:in_::al a_ti:it7 at 2arrel Rezcn- address abc':e, (61:) 296-3349• �•.-. it :^�. is korr�.. 1 aar3ous. therecOrditloning 3f barre ls 9 +.9Cei Ac g o C2,v1rg1r _ rs3,a1 is slassifed as Negative Declaration Hcwe.ar, PRI has reg_estel beli_g Ler7,ittel as a hazarlols waste due to the (NG E-3) - inticipated `a-..3ling of hazsricls waste as 3R: ma- x �. .res. A ternit ..cdif- at1_n is req•_•red wherever The Envlrcr,mer.tsl Assessment Worksheet- (EAw) =R: treats, stores, tra..;t rts, or disposes of a listed below has been filed w:th to E" ^az -o1s •este as clas-ifled it 6 MCAR d 4.9002. This w - `S• EA deter:r,ined t`.at no E-:•:i:orr,ent3'_ Im- A -e a; ics.;t does not intend to process pact State.-ent (E ) is neeled on this - pro- naz,r'_c_s '"stE a nis time, this -• pertit rill je_t. The <<9 will zoc:-_ :er this alth__-ze the Y rcess_. of waste ail defined as only i_ ^_c'ec`:^-s are :e. nazi s. In, the _ _tc<ss the barrels are received 19- The pr:ce:_res Ln, _ <.:a j.ar.tjtles anj 1'a.?e.! lirectiy tJ a ae•;ati e Ceclaration are fLund l.^. EYe R11e 1 --ss _-.• re l sr or stacker Horizontally fcr 6 MCAR 9 3.028 B. a _ s1; 3ted s__ra:e area. As the barrel -pries `:_c_ the ze_cn1 �n1.. p_ cess it is Cak 171en d over fcr initial .:asne.1 with steam-hot was! it -.1ter to _,rt-_: facilitate draining. The barrels .. C r,t:• .1ni t:.:rzschl dried for __• :.`.e ba::alFrP _ .. : r re ainting. Pr ser David S. Jon-sc.. ung pre acation iH ides vac11m- - - - 'rf1 na1_y an _;Ea11ng w th bony.,. The Resconslble A..ency: City of Stillwater eXta:-s_ 1s mzz`an.1_ally str.pced of pal- _ e... 1_ _ __ss er.y-e_ stray piinting is .de a Pr^-ect Ce _ _: c a 4 ;. i'n SLIbdi•:isi ' YF -a7 tette and cart er on the :Jam acre tract int 3'3 si :�1e `amili r_s__ential rut _ltr. A:1 c tare drained oil is ccl_e__e.i lots, 113 nits 22 n d:.0 ns rc.` = (__.8 aeras x 5 units ce: _ei to the water-oil S-r•p. The reten- acre) of multiple housing, one 9-`:ole clf in the sW p rrc:1_'es s1.`.fic-ent settling course, one li-hole golf course, oven srace, a serarat.-n for oil sk1_.1- ng. The waste oil is curling club and golfcolrse clubhouse a waste o1" recovery company. Pr-'_Ass _olle__el in a 5Jl C-galon tank and period1z3117 icke' _p b7 (including .restaurant and liquor lounge) . .rater 1s he in storaze tanks and bested for rc- ess se t _ F Project Location: Stillwater, Washington rJ`Pzs span wa=e lording tanks. The entire County, Minnes3ta: portions of Sections 20 .._:sed l--c system. with zero discharge. and 29; T30.11, R20w. b3rfels rill: be recce.iitioned ore -iJ2 nc-r shift. The maxi -L:. :1--ber of The EAw and supporting docu^e .`3ticn are cn ty sr.-els stored at the fa_111 : at any one time file .`cr Fubl.c review from B:OJ a.m, to - be 25,000. If the facility pr=:used in the 5:C0 p.m, at: relinir.arf a::lication can be aper::'ed, a final -_t acpii ..n may be .fade by t"e applicant. Bruce A. Folz and Associates A 1'3 d'! F '='1 notl_e ner_ad will fo1_cw the F 13791 - 60th Street north _. e .._ron<- _ this Grl".w.1ro: Ni...^,e SQ`.3 t { } � } 4',� f �t' , .��. Vii• � ': � � � , ^(^�'�- �.. 1 lb- t .` �. , Pr ,��!�,•�.' ` rt � � �� .�fir'-�'1 ' } f ti' t� , ` . { i t , i J i� .. •4•. .f i . i:• � Y •r' r cam`. �, r I Q7 r�� WESCOTT •• 'f R4 a• GARCEN L TS �' �!t 'tom `•\. .{ . all �. ", L� 7TT RQAO/ C' ..t' — - 'n't'i'• is 17 i t � .r ` ff77 �! n 49 • i ,h ` , O . . ., t L;..a V k t`�`v-�•�t..F-G �:�jay:�,.�1�'l• �� .. . . . .. ——_— __ __ _— {, :::• ,.` RCA { � � � :v j � �� }}} •tee+ ' •� :�• f t 1" 1� H I / }••�t ` �i xx � _ r ,1. r r t V f 1 I 'r r f.' t• 14 S TAI t pR C. �.. R E 1 P „ } r ' r(l cr• N :�:•:. a: l t •I r i .r• r• l' r S•r J. t (. ' .r W TT /: SCOTT SS �'ins .'c_ r r LC GAROEN f-r y' ,,�f :� � 1 ��./�t "r,' .. � .ti'.� ••-ter (:i-% APC Minutes • • January 27, 1981 BARRFL RECONDITIONING, INC. -- VARIANCE AND CONDITIONAL USE PERMIT The Vice-Chairman convened the next public hearing regarding the application of Barrel Reconditioning, Inc. , for variance from the front setback requirements and asphalt surfacing for a parking lot located on Lots 17, 18 and 19, Block 2, Eagandale Center Industrial Park No. 4. Mr. Jim Jordan, president of Barrel Reconditioning, Inc. , appeared for the applicant and made a limited presentation of the application request due to the fact that this matter had been before the Commission previously. Member Wilkins discussed an inspection visit performed by herself, City Planner Runkle, City Administrator Hedges, and others, and reported that the operation appeared to be well designed and that the facilities for control of hazardous wastes, for which the Commission expressed great concern, appeared to be adequate and that there would be very limited amounts of hazardous wastes resulting from the Barrel Reconditioning process. It was noted that the Minnesota Pollution Control Agency has classified the business as non-hazardous in its operation. There was discussion about the timing of the asphalt surfacing for the parking lot. Mr. Jordan indicated that upon further examination of the cost of installing the asphalt surfacing, it now appeared that such surfacing could be installed as soon as the construction season began. Wilkins moved, Bohne seconded the motion, to recommend approval of the application for a 15-foot variance from the front setback line for the parking area and also for asphalt surfacing of the parking area upon. the con- dition that said surfacing be completed within a period of one year. All voted in favor. The Commission next considered the application of Barrel Reconditioning, Inc. , for a conditional use permit to allow outside storage for Lots 17, 18, and 19, Block 2, Eagandale Center Industrial Park No. 4. Member Krob requested clarification as to the size of the Black Hill Spruce which were intended to be installed as a portion of the proposed landscaping. Mr. Jordan indicated that the spruce would be 5-6 feet tall and would be purchased at an initial cost of approximately $150 per tree. The trees would therefore be as tall as the fence to be constructed. Hall moved to recommend approval of the conditional use permit to allow outside storage, Wilkins seconded the motion, all voted in favor, subject to the following conditions: 1. The storage does not exceed the 6-foot high_fence. 2. Dust control measures shall be used on the storage area. 3. If and when development occurs to the east of the proposed facility, that the owner shall submit a landscape plan to the City and provide landscaping acceptable to the City on the east lot line of the property. 0 Agenda Information Memo January 29, 1981 Page Sixteen FINAL RESOLUTION YANKEE SQUARE OFFICE I C. Final Resolution/Tax Exempt Financing for Yankee Square Office I -- The City has received a request to consider final approval of the final resolution authorizing a commercial development revenue note in the amount of $950,000 for Yankee Square Office I . The -=- City has received draft documents of the authorizing resolution, loan agreement and disbursing agreement, all of which appearto be in order for consideration. The approving attorney is from the law office of Briggs and Morgan. The City Attorney and City Administrator are reviewing the documents . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the final resolution for Yankee Square Office I . DON GRANT D. Ordinance #49, Parking of Vehicles in City Parks for Don Grant -- Mr. Don Grant , who resides at 1275 Towerview Road, was given a parking citation for having his vehicle parked on City park property at the park located on Skyline Drive. Mr. Grant ' s son was responsible for parking the car on the property. However, due to the fact that the car is registered in the name of Don Grant, . he was issued the citation. Mr. Grant has a number of objections as to how- the matter was handled and also the fact that he should not have received the citation due to the fact that there is not adequate off street parking and no signage indicating that there is no parking on the park property. The Chief of Police and City Administrator have spent a great deal of time discussing the matter with Mr. Grant during the last week to ten days ; however, he has asked to appear before the City Council at the meeting on Tuesday. It has been explained to Mr. Grant that the City Council cannot take any action on the matter' once a citation has ,been issued and the matter is going to court. The City- Administrator has asked that the Chief . of Police be present to answer any questions that might be raised by the City Council or Mr. Grant in his presentation on Tuesday. There is no action to be considered on this matter. CONTRACT 80-21 E. Contract 80-21 , Approve Plans & Specifications/Order Bids for Blackhawk Lake Outlet -- The Consulting Engineer and City Attorney have been diligently working with the two remaining property owners (Mr. Kramer and Mr. Pomeroy) to obtain easements necessary to pro- ceed with this contract. Information at the time of this report indicates• that if permanent easements have not been obtained ,by Tuesday night , the property owners will have granted a right of entry, to allow the project' to proceed until the final easement � 3 . Agenda Information Memo January 29, 1981 Page Seventeen negotiations can be concluded. There is no objection to the align- ment , only to the amount of damages and subsequent payment resulting from loss of mature vegitation due to construction. The staff will be presenting plans and specifications- for consideration at Tuesday night ' s meeting in anticipation that these remaining items can be resolved. If at that meeting, it is determined that the City does not have at least the right of entry, consideration should be continued until the February 17 meeting. Because of the exten- sive work and time frame required to construct this outlet , it is necessary that the City proceed as quickly as possible. ACTION TO BE CONSIDERED ON THIS MATTER: To approve plans and speci- fications. ` for Contract 80-21 ( Blackhawk Lake Outlet ) and order advertisement for bids with the bid opening scheduled for Thursday, March 5, 1981 . LIQUOR LICENSE POLICY A. Revise Liquor License Policy -- At the last City Council meeting the City Administrator was directed to send out a copy of -the Liquor License Policy to members of the City Council for their review and comment . City Councilmember Smith has returned his policy with some proposed changes to be considered Those changes were reviewed by t e City Administrator and City ,Attorney and enclosed on pages C?5 through is a copy of a revised liquor, license policy. —Please note tEat--the changes are typed over the . old language so it is clear to determine what changes were made to the policy. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the changes that revise the liquor license policy. 0 0 PAUL A. IIAtiGE & ASSOCIATES, P. A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 35122 PAUL H. HAUGE AREA CODE 612 BRADLEY SMITH TELEPHONE 434.4224 KEVIN W. EIDE DAVID G. KELLER January 30, 1981 Mr. Thomas L. Hedges 3795 Pilot Knob Road Eagan, MN 55122 Dear Tom: I n regard to your question concerning the numbers of on-sale licenses allowed in a City of over 20,000, which makes the City a Second Class City, M.S.A. 6340.11 Subd 5a states "In cities of the second class not more than 18 licenses may be issued, " (emphasis added) . There is no minimum number reci_uired nor has Eagan approached the maximum. Very truly yours, � 4 David G. Keller skk enclosure - 7 CITY OF EAGAN LIQUOR LICENSE POLICIES Adopted February 22, 1973 Amended September 21, 1976, December 19, 1979, January 3, 1980, march 4, 1980, and 1981. OFF-SALE LIQUOR Four 1) Three off-sale liquor licenses shall be allowed at the present time in the City of Eagan. Two a) Arse licenses shall be allowed in the general western area of the City (near Cedar Avenue and Highway 13). b) One license shall be allowed in the general northeastern area of the city. c) One license shall be allowed in the general south-central area of the City. 2) Off-sale licenses shall be limited to property zoned Commercial ON-SALE LIQUOR 1) Number a) A total of eleven-411 twelve (12) on-sale liquor licenses shall be allowed at the present time. 2) Value (Note 1) a) No on-sale liquor license shall be allowed for any establishment unless j the investment in the building or portion of the building associated with the liquor license is equal to or greater than 4-50T000 $300,000. In the event the on-sale liquor establishment is part of a larger building containing other uses, the value shall be arrived at by prorating the value of the total building on a square footage basis. Value is to be determined on items considered by the County Assessor to be "real property", as differentiated from fixtures. 6 3) Food Service (Note 1) a) All establishments which hold an "on-sale" liquor license must maintain a ratio of food sales to liquor sales of at least 40-60%. (New: Such establishments shall file with the City at the end of each quarter a verified statement as to the food to liquor sales ratio. Failure to maintain the minimum ratio for any quarter is grounds for the City Council to de term-i-ne-that the license is in violation of the Eagan Liquor Ordinance No. 42 and also is grounds for revocation of the license. ) b) Food service must consist of a "reasonable" choice of full meals, and shall not be limited to "quick service" items such as pizza, sandwiches, hamburgers, etc. 4) Location (Note 1) a) On-sale liquor licenses shall be limited to commercially or industrially property, under a conditional use permit. 5) Exceptions a) Where the license requests are made for establishments which are an integral part of a motel or hotel of over 60 rooms, or in which the value of the building or portion of the building associated with the liquor license exceeds $500,000, special exemption from the limit of eleven-44 twelve (12) total on-sale liquor licenses may be granted. General These policies shall be reviewed on a yearly basis. Note l: On-sale establishments existing at the date of incorporation of Eagan as a Village are exempt from this these requirements. 97 • i Agenda Information Memo January 29, 1981 Page Eighteen . EQUIPMENT CERTIFICATE RESOLUTION B. Equipment Certificate Resolution - The City has solicited bids for a sale of equipment certificates. Due to the sale of the Mid-America National Bank on Thursday, January 29, 19813 it was not possible for that institution to submit a bid. A bid was submitted by First Bank Minnehaha and the amount of the bid along with the necessary resolutions will be provided as additional infor- mation to the Administrative Agenda on Monday. s/Thomas L. . Hedges .. . . City minis rator MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 30, 1981 SUBJECT: INFORMATIVE MEMO A copy of the 1981 Budget is enclosed for your reference . A copy of the most recent handout regarding the Tax Exempt Mortgage Financing Program is also enclosed for your reference on pages lbo through jol . At the end of the regular meeting on Tuesday, the City Administrator would like some time to discuss the proposed new facility for the League of Minnesota Cities . Enclosed on page ��Z is a copy of a letter from People ' s Natural Gas Company to MayorTomquist regarding a rate increase proposed by the gas company. Enclosed on pages �b� through 106 is a copy of a resolution that was passed by tEe Gity of Apple—CTaZley regarding the compre- hensive plan amendment procedure . Also enclosed on pages �b through 1-00 is a copy of a letter from the City Attorney 's office regardingtheredraft of the comprehensive plan. Director of Parks and Recreation Vraa is making all efforts to provide communications with the public regarding the condition of the hockey rinks and the free skating rinks throughout the City. Mr. Vraa had worked out an excellent program with his maintenance staff for making all efforts to provide a good ice base to facili- tate the various skating and hockey programs in the City. The ice was coming along very well until the week of January 18 through 24 when the weather turned warm, the ice melted, causing some diffi- cult resurfacing work for the maintenance crews . All efforts are being made to restore the rinks ; however, it is a slow process to repair the ice and then build up a new surface . If the City Council receives any telephone calls regarding the condition of the ice rinks , at least you are aware that all consciencious efforts are being made by the Park Department to restore the ice condition and provide the best ice possible . s/Thomas L. Hedges City ministrator DATE: January 20, 1981 CITY a' EAGAN $16,940,000--z�mount of Program Dollar Amount of Funds Remainin g $ 414,675 Low Income $ - 268,925 Basic Income $ 145,750 Single Family Funds Remaining $ 29,900 Condo Funds Remaining $ 369,800 Townhouse Funds Remaining $ 14,975 Mobile EIcme Funds Remainirjg (Inclusive--Not a Separate Account) Conventional 95% Funds Remaining $ 414,675 (91-95% Conventional Loans) Graduated Conventional Funds Remaining $ 16,800 Graduated 95% Conventional Funds Re;i1ining $ 16,800 Total Pre-Cornnitn,.ent Ariount $ 12,870,775 * Total Reserved (Yet to be Pre-Committed) $ 3,654,550 * 16,940,000 ** /00 Dr'YlE: January 20, 1981 CITY OF 1.1 3AN Total A-,uunt of Pre-Calglutted mans Statistical Data-- .\\mount of Program $16,940,000 $ 12,870,775 Pez�centage of Loans Pre-Carni t tu- 76 % Low Inccu-e Basic Income Total Number of Loans 133 Average Mortgage Amount ------ - 98 $ - 52,228 _ $ _60,454 Average Sale Price 57,850 65,648 Average Appraisal Value 58,147 521 Average Adjusted Gross Income 20 66,955 ,162 24,955 Average Gross Income 21 ,399 Type of Loan: 26,545 Insured Conventional 6 Uninsured Conventional 16 FICA 5 VA 34 45 Graduated Pledge1 28 --b6— Average Loan to Value Ratio: 4 Insured Conventional Uninsured Conventional 90% M, }' Number of New Construction Loans101 67 t __ � Number of Existing Loans 32 T1-pe of Dwelling: 31 Single Family 60 Townhouse 61 Cbndoudniu-n - 24 �a Mobile Hags ^9 — 13 Average Previous Residents n 0 Number of Renters -- Number of Owners --q8 _ �7 Sex 35 - 31 Male Female 96 R6 Average Family Size 47 12--_ Average Number of Children 8 2-3 Marital Status: 7 6 Married - Single 54 58 Joint 72 2 Divorced 4' 11 3 Lollar A.Yount of Loans Funded 6 NL�nber or Loans $ 5,413,650 T Peoples ur Natal Gas Company January 24, 1981 To The Honorable Mayor Eagan, MN 55122 On December 1, 1980, Peoples Natural -Gas Company, Division of InterNorth-, - Inc. ("Peoples") filed with the Minnesota Public Utilities Commission a gas rate increase, pursuant to Minnesota Statute 216B.16. Peoples intends to place the new rates into effect to its general service customers on March 1, 1981. The Public Utilities Commission must decide by December 1, 1981, how much of an increase (if any) will be approved. If the full increase is not approved, the difference between the requested increase and the approved increase,- plus interest, will be refunded to customers in a manner to be determined by the Commission. Peoples is also proposing a major regrouping and reduction in the number of its existing rate schedules in order to provide more uniform rates throughout the state. This consolidation will result in some communities receiving increases and other communities decreases to the average bill. An example of the effect of the proposed increase and consolidation on typical bills in your community is as follows: Present Annual Proposed Annual Cost Cost *General Service Residential $ 443 $ 446 **General Service Commercial/Industrial $1,409 $1,473 *Annual Usage of 1,360 Ccf (100 cubic ft. of gas) per year. **Monthly Usage of 391 Ccf (100 cubic ft. of gas) per month. The proposed rates will generate an increase in Peoples revenues of $2,121,563, or about 1.44%. The staff of the Department of Public Service is conducting an investigation of Peoples' books and records. Public hearings will be scheduled in Peoples ' service area, Counties, munici- palities, and individual customers will be notified regarding hearing dates and locations. The proposed rate schedules and a comparison of present and proposed rates may be examined by the public during normal business hours at the Department of Public Service, 790 American Center Building, 160 East Kellogg Boulevard, St. Paul and at your nearest Peoples' office. If you wish to intervene or testify in this case, contact the Office of Administrative Hearings, 1745 University Avenue, St. Paul , Minnesota 55104. Sincerel , jr,�2%yy�j�J G. L. Stamm Vice President 'd Z 4Hc P P City of 14200 Cedar Avenue S. +J phone 612-432-0750 Apple Valley, Minnesota 55124 =i January 23, 1981 cc 'c:% Mr. Charles Weaver, Chairman Metropolitan Council 300 Metro Square Building St. Paul, MN 55101 Re: Comprehensive Plan Amendment Procedures Dear Mr. Weaver: Enclosed for the hearing record, is a certified copy of an Apple Valley City Council Resolution adopted on January 22, 1981 commenting on the Metropolitan Council Guidelines for Reviewing Local Comprehensive Plan amendments. Please note that the Apple Valley City Council did support the comments of the Association of Metropolitan Municipalities. Very truly yours, CITY. OF APPLE VALLEY Richard G. Asleson City Administrator RGA/jf Enclosure xc: Cities of Burnsville, Eag n, Lakeville, Inver Grove Iieights and Rosemount CITY OF APPLE VALLEY RESOLUTION NO. 1981-15 COMPREHENSIVE PLAN AMENDMENT PROCEDURES CONXENTS TO THE METROPOLITAN COUNCIL WHEREAS, the Metropolitan Council, on this 22nd day of January, 1981, did hold a public hearing on a document titled, Metropolitan Council - -- Guidelines for. Reviewing Local Comprehensive Plan Amendments, identified as Publication No. 02-80-069B, and WHEREAS, this City Council has reviewed the previously referenced document, and WHEREAS, this City Council has been following the drafting process of this document, which commenced in July, 1980, and is aware of the extensive amount of time its City Staff has spent on the process of making the amend- ment process workable to local government, is aware of the amount of time spent on this process by other local government officials, and is aware of the involvement in this process of the Association of Metropolitan Munici- palities, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley that is has reviewed the comments on the hearing draft pre- pared by the Association of Metropolitan Municipalities in a letter to the -Metropolitan Council dated January 15, 1981, and does hereby support those comments, a copy of said letter being attached to this Resolution as Exhibit A. BE IT FURTHER RESOLVED that certified copies of this Resolution be forwarded to the Chairman of the Metropolitan Council, the Chair of the Physical Development Committee and to the Cities of Burnsville, Eagan, Inver Grove Heights, Rosemount and Lakeville. ADOPTED this 22nd day of January, 1981. M. J. Garrison, Mayor ATTEST: Richard G. Asleson, City Clerk \ CERTIFICATE I Richard C . Asleson, City Clerk of the City of Apple Valley, hereby certify that the above resolution is a true and correct copy of a resolution adopted by the City Council on January 22, 1981. 1b ichard G. Asleson. City Clerk BOARD OF DIRECTORS ;, ;.. Plcsidenl Richard As!eson Apple Vzllev association ®f VicePresident matcopol)ton larnes Krauzkremer municipalities - Brooktvn Park Past President ' Januar 15 1981 LJ?%id Hozza Y , St. Paul Mary Anderson Mr. Charles Weaver, Chairman Golden Valley Metropolitan Council 300 Metro Square Bldg. Rona" Ba:.'-es St. Paul, IHN 55101 St. Louis Park William Krnnart Dear Mr. Weaver: Minneapolis The Association of Metropolitan Municipalities (kMM) Bea Glom;uist has completed its review of the proposed "Metropolitan Eagan Council Guidelines for Reviewing Local Comprehensive Jerry Du!-ar plan Amendments" and finds these guidelines generally Ano!;a acceptable.. The AM114 has been involved in this effort since early last summer and believes that the current l�rtlLzu�en proposal is a vast improvement over prior drafts. Shorewooj+ Sat:} HovarJ The AP,Iit1 Board of Directors and Metropolitan Agencies eaa;)!;; Committee, by unanimous votes, passed resolutions of support for the current proposal; however, there were Jack Irving a few concerns expressed that I would urge you to Crystall consider prior to final adoption of these guidelines lames Lacina by the Council WoDd'oun 1. Criterion 6. e on page 4 of the draft guidelines "I�" R°:-2 does not make it very clear that the second sentence relates only to the first sentence. Deletion !1:rinis<c!. eider of the second sentence is recommended. The second ric!! t sentence could be interpreted much too literally as it currently is written. The way this sentence is ' written it could be used as a "hook" to throw all amendments into the 90-day review category. 2. We hope that the 60 and 90-day maximums in- para- graphs n. para- graphs 4 and 5 on page 3 will not become the mini- mums or the standards and that the Council 's processing time will be shortened whenever possible. :,ren:ren :b :! ,ton 3. The last sentence of paragraph 5 on page 3 should probably be rewritten along the lines of the last ;.ccrr; eD,: :or sentence ofparagraph 3 on Pabge 3. MY suggestion ionfern for rewrite is as follows: "Failure of the Council to act and mail notice of 300 hanover bld;.480 cedar street,stpaul, minnesota 55101 (612) 222-2861 r • Mr. Charles Weaver Metropolitan Council January 15, 1981 such action via certified mail within 90 days of the receipt _ of the proposed comprehensive plan amendment shall be deemed to constitute a finding of no substantial impact on, or no substantial departure from, metropolitan system plans. " - --- We appreciated the opportunity which was afforded us to directly participate in the development of these guidelines. The cooperation and the willingness of the Metropolitan Council members and staff -= alike to listen and work with local officials and the A14,1Metro- politan Agencies Committee on this project was commendable. As . a result, we believe that the procedure is workable and represents a fair compromise between the interests of the Council and local units of government. In conclusion, we would also suggest that upon adoption by the - Metropolitan Council of these guidelines, that ,your legal counsel prepare a short amendment to the Metropolitan Land Planning Act, that could be jointly supported by the Metropolitan Council and the AMM, which would resolve any questions as to the "legality" of the amendment procedure. Please call me should you have any questions. Bes; regards Vern Peterson Executive Director cc: Marcia Bennett , Chairperson Physical Development Committee Jim Barton John Hoeft Joanne Vail AM11 Board of Directors AMM Metropolitan Agencies Committee Plembers /b6 -2- PAUL A. HAUGE & ASSOCIATES, P. A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 86122 PAUL H. HAUGE AREA CODE 612 BRADLEY SMITH TELEPHONE 454-4224 KEVIN W. EIDE January 27, .1981 DAVID G. KELLER Mr. Thomas L. Hedges City Administrator 3795 Pilot Knob Road Eagan, MN 55122 Re: Redraft of Comprehensive Plan Dear Mr. Hedges: On January 13, 1981, the Eagan City Council met to consider the possible methods in which the Eagan Comprehensive Plan could be redrafted to insure flexibility at the time a development proposal is made to the City. The specific concern was that a developer may rely on the zoning indicated on the Comprehensive Plan and seek damages from the City if this zoning density or use was not allowed by the City under future consideration. At the time of the previous Council meeting, our office submitted to you a statement of the problem and a recommendation that wording be included in the Comprehensive Plan itself to provide for this flexibility. Our plan presently has wording which would be applicable to this type of problem in the final paragraph of the introduction to Section 4 of the Compre- hensive Plan on land uses. The Eagan plan specifically states that it "is meant to serve as a guide and as such, should possess a degree of flexibility." Subsequent to our last letter to you we have reacted to a suggestion by Bob Mazanec of the Metropolitan Council in calling several of the municipalities that have had their plans approved or whose plans are in the final stages of approval. The representatives at the Met Council could not pinpoint specific language which provides this flexibility and were somewhat concerned that the Land Use Plan would lose its meaning if wording was inserted which too strongly indicated that the Land Use Map was intended to be only a drawing of possible uses which would not be considered in evaluating future development proposals. We have spoken with the planning staffs of Bloomington, Plymouth and Roseville and find that the only method which these municipalities have used to deal with the flexibility problem is to leave the density catagories broad enough to provide for substantial deviation within each category. This type of flexibility has been built into the Eagan plan to some extent. This, however, would not be of assistance to the Council were it to consider a change from commercial to residential zoning, or from residential to commercial, or even 147 x 0 Mr. Hedges January 27, 1981 Page Two a significant change between the residential classifications. In addition, the City of Plymouth has utilized a notice which is placed right on the Land Use Guide Plan. That notice reads as follows: "This is not a zoning map! This map is only -a- portion of the Compre- hensive Guide Plan. This plan map and the report will be revised periodically as external factors in planning philosophies change. The proposed plan in its entirety represents the best estimate of the course of future land use that can be stated at the present time." I understand that the Eagan City Council has authorized the revision of the Comprehensive Plan to incorporate additional wording which would provide the necessary flexibility. I believe that the necessary wording can be inserted in the introduction of the Land Use Plan section in addition to the wording previously discussed. I would therefore recommend the revision of the final paragraph of the introduction to read as follows: "The Eagan Comprehensive Plan consists of statements, goals, and recom- mendations and the accompanying LAND USE PLAN is intended as an illustra- tion to guide the development of the metropolitan area. The PLAN indi- cates how the various elements of the community could be developed in order to attain the growth form consistent with the achievement of the Comprehensive Plan goals. It is most important to remember that the plan is meant to serve as a guide and as such, should possess a degree of flexi- bility. It is not intended to be a zoning map. Such flexibility must be based on sound and periodic reappraisal of local and metropolitan conditions, based on technological change, as they relate to the goals of the community as discussed herein. If the PLAN is viewed as rigidly fixed, continued planning efforts will be doomed to serious doubt and possible failure. Deviations, however, should not be justified solely on the grounds that a Comprehensive Plan is only a guide and is meant to be flexible. Where deviations or revisions to the PLAN are proposed by developers and others, the burden of proof and justification should be the responsibility of the person or persons proposing the revision. On other occasions, periodic revisions will be made by the City as detailed in the IMPLEMENTATION SECTION of this Comprehensive Plan." I would again suggest that the actual wording included in the Comprehensive Plan be reviewed or drafted by the planning staff so that they are comfortable with its use and can evaluate its possible future consequences. I hope that the language included in this letter is of some assistance to you. Very truly yours, PAUL H. HAUGE & ASSOCIAT_ES, P.A. iKevin W.. Eide skk q cc: John Voss Dale Runkle