10/20/1981 - City Council Regular AGENDA
EAGAN CITY COUNCIL "`"'"
REGULAR MEETING -..«._. "._.. .. w:.. : . .• . ..».. ...., .. �•
EAGAN, MINNESOTA
CITY HALL
OCTOBER 20, 1981
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE
II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES
III. 6:35 - DEPARTMENT HEAD BUSINESS
p. 1 A. Fire Department C. Park Department
B. Police Department P, � D. Public Works Department
IV. 6:45 — SPECIAL RECOGNITION — MARY LOU PIRK.L fxl
V. 6:55 - CONSENT ITEMS (One motion approves all items)
e,Z A. Grading Permit, Pine Bend Development Company (M. G. Astlefor.d)
IL B. Cortract 80-26, Change ,-,rder #2 (Briarhi•11 Strer:ts)
P• •g C. October. Conditional Use Permit Renewals
�. 3 D. Lost Spur Bingo & Combo Gambling License REnewal
P, 3 E. Accept Petition & Order Feasibility Study for Water Utility -
Vincent Storland
e.3 F. Set Public Hearing for Federal Revenue Sharing
VI- 7:00 - PUBLIC HEARINGS
1
A. Project 347, Sanitary Sewer Improvements to Shields' Property
Area (Continued)
VII. OLD BUSINESS
�.� A. Appointment of an Alternate Member to the Advisory Planning
Commission
10 B. Consideration for. Cable Television Advisory Committee Appointments
C. Project 264, Assessment Consideration Request (Twin View Manor
--Lehmann)
f
VIII. NEW BUSINESS
P•�� A. Midwestern Association, Orrin Aune, for Preliminary Plat, Lone
Oak Heights, & Variance to Exceed the Lot Coverage in part of
the NEk of the NEk of Section 9
�•�'9 B. Gregory Grose for a Waiver. of Plat to Subdivide a Duplex Lot
for. Owner Occupancy, located in Lot 2, Block 1, Ballantr.ae 1st
nnAddition
R• 3 T C. Leonard A. Norum for a Conditional Use Permit to Allow 15 Amuse—
ment Devices in the Silver Bell Shopping Center
?4A D. Federal Land Company, Martin Colon, for a Variance from the
Parking Requirements for an Office Building on Lot 1, Block 1,
Bicentennial 7th Addition
f.151 E. Hillcrest Development Corporation, Ernie Christensen, for a
Variance from Ordinance 16 to Allow 2 Ground Signs for One Office
Building, located on Lot 3, Block 1, Mari Acres 2nd Addition
i
0 0
Eagan City Council Agenda
October 20, 1981
Page Two
IX. ADDITIONAL ITEMS
v7 A. Petition - Joe Christensen for Storm Seweron Egan Ave.
..5 1 B. Contract 81-14, Receive Bids, Award Contract (Wilderness Run Rd. )
59 C. Contract 81-15, Receive Bids, Award Contract (Project 344 & 339
e� Revised)
X. VISITORS TO BE HEARD (For those persons not on the agenda)
XI. ADJOURNMENT
11
e,,
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 15, 1981
SUBJECT: AGENDA INFORMATION
After approval of the October 6, 1981 regular City Council minutes
and the adoption of the October 20, 1981 City Council agenda, the
following items are in order for consideration:
NEW,A
FIRE DEPARTMENT
A. Fire Department -- There are no items 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 no items to be considered
for the Public Works Department at this time .
{
At 6 : 00 a.m. Sunday, October '4, Mary Lou Pirkl , a resident at 4260
NorthJftlmo Lane, discovered a fire at the home of Larry and Janet
Duder, 1155 Aquarius Lane, while jogging in the area. She was
able to awaken Mrs . Duder which allowed the family to escape the .
home before the fire or smoke inhalation was a threat to the safety '
of the family. Fire Chief Childers and Mayor Blomquist are re-
questing a few minutes to present certificates and formally recog-
nize Mrs . Pirkl for her action which apparently saved the lives
of the Larry Duder family.
! •
Agenda Information Memo
October 15, 1981
Page Two
Sam
There are six (6 ) items on the agenda referred to as consent
requiring one (1) motion by the City Council . If there is any
item which the City Council wishes to discuss in detail , that item
should be removed from the Consent Item list and placed under Addi-
tional Items unless the discussion required is brief. This will
allow the Mayor to proceed with the Public Hearing that was con-
tinued and is legally noticed for 7 : 00 p.m.
GRADING PERMIT - ASTLEFORD
A. Grading Permit, Pine Bend Development Company for M. G. Astle-
ford -- The City has received a permit application to perform
grading and excavation in approximate 40 acre tract located adjacent
to Galaxie Avenue south of proposed I-35E and immediately south
of the Schindeldecker residence. All performance bonds , insurance
certificates and grading plans have been reviewed and approved
by City staff.
ACTION TO BE CONSIDERED ON THIS MATTER: To approve the gradin'
permit to Pine Bend Development Company for the SW-14 of the NW4j
of Section 32 .
CONTRACT 80-26
B. Contract 80-26, Change Order #2 for Briar Hill Streets -- Due
to the inability of the developer of the Briar Hill Addition to
complete the grading necessary for the installation of the bitumi-
nous trailway, it is not possible for the trailway to be constructed
under Contract 80-26 along with the streets in this addition. There—
fore, the staff is processing a change order deleting the con-
struction of the trailway from this project and will add this inclu- '
sion in contract for street construction under Project 343 (Briar)
Hill Fourth Addition) . This will have the added benefit of being
able to protect this trailway from construction damage during the.
grading of Briar Hill Fourth Addition which is contiguous and
adjacent to this trailway construction.
6
ACTION TO BE CONSIDERED ON THIS MATTER: To approve Change Order '
#2 to Contract 80-26 in the amount of $4,125 (deduct) .
Z
Agenda Information Memo
October 15, 1981
Page Three
CONDITIONAL USE PERMIT RENEWALS
C. October Conditional Use Permit Renewals -- Two ( 2 ) conditional
use permit renewals for the month of October are in order for con-
sideration. ( 1) Alfred Wiger, 780 Blue Gentian Road, for a group
therapy home . (2) Mrs . Jeanette Flogstad, 4300 Blackhawk Road
for a day care at 4300 Blackhawk Road. Both conditional use permits
have been reviewed by City staff and appear to be in full compliance
with the conditions set forth by the City Council at the time of
original approval .
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny renewal
of the Wiger and Flogstad conditional use permits .
LOST SPUR BINGO LICENSE RENEWAL
B. Lost Spur Bingo & Combo Gambling License Renewal -- The annual
renewal for the Lost Spur bingo and combination gambling license
is in order for consideration.
ACTION TO BE CONSIDERED ON THIS MATTER: To approve annual renewal
of the Lost Spur bingo and combination gambling license.
STORLAND - WATERMAIN PETITION
E. Accept Petition and Order Feasibility Study for Water Utility
for Vincent Storland -- A petition was presented to the City by
Vincent and Norma Storland who reside at 4873 Storland Road with
the request for preparation of a report to determine the feasibility
of water improvements to their property. The applicants understand
that if a feasibility report is prepared and a public hearing held
and the improvements are denied, they will guarantee payment for '
all costs incurred in the preparation of the report .
ACTION TO BE CONSIDERED ON THIS MATTER: To accept the petition
and order a feasibility study for water utility improvements to
the Vincent Storland property.
FEDERAL REVENUE SHARING PUBLIC HEARING
s
F. Set Public Hearing for Federal Revenue Sharing -- The City
Administrator is recommending a formal public hearing to consider
the use of Federal Revenue Sharing funds for 1982 . The public
hearing would be held on Tuesday, November 17, 1981 . A budget
meeting will be held before that date to consider public enterprise
funds and the amount of appropriations anticipated in Federal
Revenue Sharing for 1982 .
ACTION TO BE CONSIDERED ON THIS MATTER: To set a public hearing
date for November 17, 1981 to consider the use of Federal Revenue
Sharing for 1982 .
3
Agenda Information Memo
October 15, 1981
Page Four
PROJECT- 347 -- -SANITARY- SEWER-FOR- SHIELDS -PROPERTY
A. Project 357, Sanitary Sewer Improvements to Shields ' Property
Area -- A public hearing was held to consider the sanitary sewer
improvements to the Shields ' property referred to as Project 347 .
Please refer to pages 17 through 23 of the October 6, 1981 City
Council agenda informational packet . The Consulting Engineer was
directed by the City Council to review the proposed project costs
to determine whether 50% of the cost could be assessed against
the west side of Pilot Knob Road and 50% against the east side
of Pilot Knob Road, both properties are owned by Mr. Martin Shields .
The proposed assessment against Mr. Shields is $17 ,340 for the
sanitary sewer lateral benefit. The original assessment breakdown
based on project costs was $5 ,000 against the west side of the
property and $12 ,340 against the east side, of which the latter
would qualify for Green Acres and could be deferred until such
time as development occurs . Since Mr. Shields did petition the
improvements , it was determined by the City Council that further
analysis should be given as to whether a smaller percentage, if,
any, should be deferred through Green Acres on this improvement. ;
Enclosed on pages -5 •— '7- is a letter from the Consulting Engineer'
which reviews the assessment split on the property as requested
by the City Council . The City Council also directed the Director
of Public Works to write a letter to Mr. Shields asking that an
understanding be obtained from Mr. Shields that there will be
further sanitary sewer lateral assessments levied against both
properties in the future as extensions of the sanitary sewer way
are dependent upon proposed future developments . Mr. Shields did
sign a letter that was sent by Mr. Colbert understanding that this ,
proposed project should not be considered as a one time sanitary
sewer lateral assessment against his property and further that ,
future projects and developments may dictate extensions of thel
sanitary sewer which would precipitate additional assessments if
installed by the City.
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny Project
347 , sanitary sewer improvements to Martin Shields ' property.
A
I_
nGlynn .' P.£.
J/{,L'• Keith A.Gororddo.n. P.E.
Otto G.Buncltroo,P.E. Thomas E.Nnws. P.E.
O Robert W. Rosene,P.E. Richard W. Foster. P.E.
Jnse%h C. Anderlik,P.E. Robert G.Sehunnhi. P.E.
2335 V. '7ww�.�ig�urar 36 Bradford A.Lemberg, P.E. Martin L.Sonala, P.E.
Riihard E. Turner, Y F. Donald C.Burgardr. P.E.
&. A-d, Af-.w.&55113 James C.Olson. P.E. Jerry A. Bourdon,P.E.
PA..-612-636-*600 Mark A.HanCharles A.Erickson
E'.
Hanson,,
October 15, 1981 Lrn M. Pawelskp
1956 — th — 1981 N Harlan M. Olson
David E. Olson
City of Eagan
3795 Pilot Knob Road 4� nnivcrsary' P
Eagan, Mn. 55122
Attn: Mr. Tom Colbert
Re: Martin Schields Sanitary Sewer
Project No. 347
Eagan, Mn. - File No. 49240
Dear Sir:
We have been requested to prepare a proposed assessment split based upon the
"benefit" to both properties served by the above project. This involves the
installation of an 8" sanitary sewer from the end of the existing 8" sanitary
sewer on the Martin Schields' property at LeMay Lake and extending it west
across Co. Rd. 31 to serve the Martin Schields' property lying just west of
Co. Rd. 31.
After reviewing the construction involved and the property served, the follow-'
ing assessment split is recommended:
Assess the east portion at the lateral benefit charge currently being levied
for service from the sanitary sewer trunk and the balance of the cost to be
assessed to the west side. The assessment split is as follows:
East Side
147' - one side only @ $14.30/FF $2,102.10
218' - two sides @ $14.30/FF ea. side 6,234.80
TOTAL ASSESSMENT EAST SIDE . . . . . . . . $8,336.90
West Side I
Total Cost $17,340.00
Less East Side Assessment 8,336.90
TOTAL ASSESSMENT WEST SIDE .. . . . . . . T 9,003.10
We believe the above assessment split is fair to both parcels and is based
upon the benefit accruing to each parcel.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
Robert W. Rosene
RWR:li
cc: Paul Hauge, Atty.
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Agenda Information Memo
October 15 , 1981
Page Five
APPOINTMENT-FOR-APC ,VACANCY
A. Appointment of an Alternate Member to the Advisory Planning
Commission -- An appointment of an alternate member to the Advisory
Planning Commission to fill the vacancy created by the resignation
of Bob Haywood was continued from the October 6 , 1981 meeting for
consideration. Five (5) applicants have responded to an advertise-
ment in the local paper and are requesting consideration for an
appointment . Those persons requesting appointment are as follows :
1. Louis W. Frillman
2. Michelle Ekblad-Frank
3. Richard A. Bertz
4. Ronald R. Voracek
5 . Dale Vogt
Copies of the letters of correspondence and resum6s submitted by
those individuals were enclosed on pages 67 through 75 for review
as a part of the October 6 , 1981 packet . If any member of the'
City Council has misplaced those pages , please contact this office,
and copies will be made available in the Administrative Packet . '
Mr. Dale Vogt had previously submitted a letter to the City; however,
the letter was not located and therefore a new letter was requested,
a copy of which is enclosed on page -9.� As stated in a special
memorandum, a brief interview of the five candidates will take
place at 6 : 00 p.m. on October 20, 1981 .
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny an
appointment to the Advisory Planning Commission as the one ( 1) t
year alternate to replace Mr. Bob Haywood. This position would
be considered for reappointment in January of 1982 .
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Agenda Information Memo
October 15, 1981
Page Six
CTAC APPOINTMENT
B. Consideration for Cable Television Advisory Committee Appoint-
ments -- When the Cable Television Advisory Committee was
established by the City Council in 1980, it was determined that
the committee would have a make up of ten ( 10) appointed members
who would serve jointly with the entire City Council , totaling
fifteen members for the Cable Television Advisory Committee . Those
original members on the CTAC were as follows : Lloyd Krob, Joe
Harrison, Ron Johanson, Jerry Ulrich, Barry Tilley, Bob Peterson,
Karen Mathena, Steve Mattson, Robert Hill and George Fryman. Mr.
Ron Johanson resigned in January of 1981 and was replaced by Mr.
Charles Schults . Two other members have resigned during the summer
of 1981 , Joe Harrison and Jerry Ulrich. Those positions have not
been replaced. In reviewing the attendance record, it was learned
that Mr. Krob has not missed a meeting, while Bob Peterson, Barry
Tilley and Charles Schults have also had very good attendance
records . Steve Mattson and Karen Mathena have attended five
meetings , George Fryman has attended three meetings and Robert
Hill one meeting. There have thirteen regular meetings held of
the CTAC since its organizational meeting in October of 1980.
At the direction of the City Council , the City Administrator has
contacted Steve Mattson and George Fryman, both of whom wish to
remain on the committee and will make every effort possible to
attend the regular and special meetings that are planned for the
future. At the time of this memorandum, the City Administrator
has been unable to contact Mr. Hill or Mrs . Mathena. There are
two (2 ) known positions on the Cable Television Advisory Committee
at this time . The City Council may wish to consider applicants
for the Advisory Planning Commission as appointments to this com-
mittee. A copy of a committee attendance sheet will be distributed
on Monday with the Administrative packet .
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny
appointments to the Cable Television Advisory Committee.
10
Agenda Information Memo
October 15, 1981
Page Seven
PROJECT- 264
C. Project 264, Assessment Consideration REquest (Twin View Manor
-Lehmann) -- This item was continued from the October 6, 1981 City
Council agenda. On September 15, the final assessment hearing
was held for the installation of utilities in the Twin View Manor
Addition. These are assessments provided for both lateral and
trunk area assessments . Based on a verbal objection to the trunk
area assessment at that final assessment hearing, the City has
received a written request from Mr. & Mrs . Lehmann regesting special
consideration for the trunk area water assessment as levied under
Project 264. Under that assessment roll , they were assessed for
3 . 25 acres at $700 per acre or $2 ,275 in accordance with the feasi-
bility report approved at the public hearing held on March 18,
1980. A copy of Mr. & Mrs . Lehmann' s letter along with the location
map contained in the feasibility report is enclosed for your in-
formation on pages11- - through . - 3 -. Because this is the only
issue requiring consideration at EF s time, pertaining to special
assessments and limited issue, it was felt that direct consideration
could be addressed by the City Council without having to call a
special meeting of the Special Assessment Committee . Staff would
recommend that the assessment remain as levied in accordance with
the existing special assessment policy of the City.
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or revise trunk
area water assessments in the amount of $2 ;275 for the Lehmann
property.
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Agenda Information Memo
October 15, 1981
Page Eight
PRELIMINARY PLAT AND VARIANCE FOR LONE OAK HEIGHTS
A. Midwestern Association, Orrin Aune' for Preliminary Plat, Lone
Oak Heights , and Variance to Exceed the Lot Coverage -- A public
hearing was held before the Advisory Planning Commission at their
last regular meeting held on September 22 , 1981 , to consider a
preliminary plat entitled Lone Oak Heights consisting a approxi-
mately 145 dwelling units and a variance to exceed the lot coverage
requirement in a residential district. The Advisory Planning Com-
mission is recommending approval of the preliminary plat and vari-
ance to the City Council . For additional information on this item,
please refer to the City Planner' s report , a copy of which is enclo-
sed on pages IJ` through a S . For action that was taken by
the APC, refer a copy of those minutes found on pages ?6
through 27 The City Planner has written a brief update on
this agenda item, a copy of which is found on page 28' .
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the
preliminary plat and variance as recommended for approval by the ,
APC.
1
SPECIAL NOTE: Enclosed without page numbers for the Council ' s
information are larger maps and additional bound information con-
cerning this agenda item.
l
� III
1�
CITY OF EAGAN
SUBJECT: PRELIM NARY PLAT AND VARIANCE - LONE OAR HEIC4:TT'S
APPLICANT: br1a7ESTERN ASSOCIATION - Orrin Aune
LOCATION: NE; OF = NE 4 OF SECTION 9
EXISTING ZONING: PD (PLANNED DEVELOPENT) WITH R-3 (RESIDENTIAL
TCUNHOUSE AND R-4 (RESIDENTIAL mmTIPLE) UNDERLYING; ZONING
DATE OF PUBLIC HEARING: SEP=. ER 22, 1981
DATE OF REPORT: SEPTOIBER 16, 1981
REPORTED BY: DALE C. RDNKLE, CITY PLANNER
APPLICATION SUBMITTED:
The first application submitted is a request for a preliminary plat, Lone Oak
Heights, which consists of approximately 14.09 acres and contains 145 dwelling
units. The second application is submitted is a request to exceed the lot cov-
erage requirement for a residential district.
ZONING AND LAND USE
Presently, the parcel is zoned R-3 (Residential Townhouse District) and R-4
(Residential Multiple District) with a PD (Planned Development) zoning over-
laying the entire parcel. The land use guide designates the 14 acre parcel as
an R-3 land use (Mixed Residential) with a density of 6-12 dwelling units per
acre. The proposed development will consist of a net density of 10 dwelling
units per acre, which is consistent with the land use guide plan.
BACKGROUND
As you may recall, in September of 1979 there was an application submitted for
this parcel. The development consisted of an 80 acre apartment complex and
62 units of townhouse for a total of 142 dwelling units. This preliminary plat
was approved by the City of Eagan in 1979. It is the staff's understanding
that this developmnt did not proceed, and new people have purchased the sub-
ject parol. Therefore, the applicant is requesting to re-design the plat
than what was originally approved in 1979.
Cc"E NTS
The applicant is proposing to develop the parcel with condominium and town-
houses. The proposed plan will consist of 2 condcadnium buildings with 42
dwelling units each and 61 townhouse and quadraminitun units.
As stated earlier, the parcel is divided into two areas according to the zon-
ing. The R-3 parcel contains 8.2 net acres and would allow 60-61 dwelling
units. The applicant is proposing to develop 61 dwelling units. The R-4
1S
CITY OF EAGAN
MIDWESTERN ASSOCIATICN PRELIMINARY PLAT AND VARIANCE - LONE OAK HEIGHTS
SEP=ER 22, 1981
PAGE M
parcel contains 5.4 net acres, and the density is determined on a sliding scale.
The condcmi.niun buildings will be 3-story buildings which will contain 18, 1-
bedroom dwelling units, 18, 2-bedroom dwelling units and 6, 3-bedroom dwelling
units. The total square footage for this mix is 134,160 square feet. The ap-
plicant is short 32,555 square feet of land for this mix as proposed. If the
developer would construct underground parking, he could gain 300 square feet
per dwelling unit for underground parking which would reduce the amount of land
he is over to 6,055 square feet, or which is approximately 2 dwelling units over
the maximum allowed under Ordinance 52.
Below is a density chart describing each of the parcels.
PPS USE ACRES LOT COVERAGE DWELLING DWG.UNITS PROPOSED REX_ IRED
UNITS ALLOWED PARKING PAR21=
C:ondan.uuums 5.4 22.9% 84 81 216 210
Townhouse 8.2 18.4% 61 60 174 128
Parcel No. 1 - Condominium Apartrents - The applicant is proposing 2, 42-unit
eordcminium buildings. The applicant is proposing detached garages for the
covered parking space requirements. In review of this parking plan, the appli-
cant is proposing outside parking spaces in front of the garage spaces. This
will be a conflict with the overall parking circulation if parking is allowed in
front of the 84 garage spaces. Staff is suggesting that the applicant revise
the parking plan to provide the required outside parking spaces so they will not
be in conflict with the garage parking. One suggestion is that if underground
parking would be provided vs. the outside detached garages, the applicant would
gain density credits for the underground parking. This density credit calcula-
tion would reduce the excess amount of land needed dawn to the 6,055 square feet,
which would then be approximately 2 dwelling units. As stated above, the appli-
cant is proposing.84 dwelling units on this parcel. If the applicant would re-
duce the dwelling units to 82, or 80, and provide underground parking, the appli-
cant could come into compliance with Ordinance 52 for this proposed site plan.
Parcel No. 2 - Townhouse Development - Parcel 2 is proposed to be constructed
with 16 quadraminiuun cliwelling units and 45 townhouse dwelling units. In review—,,
ing the site plan, it appears that the variance would be required for the set-
back along Pilot Knob Road. The setbacks for Pilot Knob Road are 50' . The ap-
plicant is proposing 40' in some locations. Also, in reviewing the setback be-
tween dwelling units, it appears the setback drops down to 20' vs. the required
30' in Ordinance 52.
In calculating the densities, staff calculates a net acreage of 8.2 acres in
which 60 townhouse, or quadraminium units, could be constructed. The applicant
is proposing to construct 61 dwelling units. Therefore, it appears that the
applicant is one dwelling unit over the ordinance requirement.
/6
CITY OF EAGAN
MIDWESTERN ASSOCIATION PRELIMINARY PLAT AND VARIANCE - LCNE OAK HEIGHTS
SEP=ER 22, 1981
PACT, THREE
The access to the property will be from Lone Oak Road on the north and Towerviod
Drive on the south. The applicant is proposing to dedicate the northerly 30'
of right-of-way which will be dedicated for Towerview Drive. There will be one
access off of Lone Oak and Towerview Drive which will be connected by a private
street providing access to the development. The applicant is proposing no in-
gress or egress onto Pilot Knob Road.
There is a gas main which crosses the northerly portion of the property. If
the development proposal is approved as presented, the applicant will be re-
quired to either relocate the northerly 42-unit condaninium building or relo-
cate the pipeline. The applicant has indicated that he is in the process of
trying to relocate the pipeline.
PARKS AND OPEN SPACE
The sout�nwest portion of the plat abuts Pilot Knob Park. The northerly por-
tion of the plat abuts Pilot Knob School. Therefore, there is open space im-
mediately to the west to provide the park needs. It is staff's understanding
that the applicant dedicated the land for Pilot Knob Park. Therefore, there
will be no park dedication for this proposed development. However, staff is
requesting that there be a trail connection from Pilot Knob Road to Pilot Knob
School somewhere between the oondcmi.nium project and the townhouse development.
The applicant shall also provide 1 tot lot to provide the needs for the pre-
schoolers within this development proposal.
If approved, the preliminary plat should be subject to the following conditions:
1. The parking area in the cwndcminium development shall be re-designed and
possibly consideration of the underground parking for the condominium
development.
2. If the site plan is approved, the gas main shall be relocated as to not
interfere with any of the proposed buildings.
3. The townhouses shall be relocated to meet the setback rea_uirements in
accordance with ordinance 52.
4. Either one townhouse, or a variance, shall be granted to exceed the num-
ber of townhouse units allowed.
5. The plat should be subject to all easements as required by City staff.
6. A detailed grading, drainage and erosion control plan shall be approved
by the City staff.
7. A detailed landscape plan shall be approved by City staff and an adequate
landscape bond shall be submitted with the final plat and not released un-
til one year after the landscaping has been ampleted.
8. The developer shall provide a tot lot for the proposed pre-schoolers with-
in the development.
17
CI'T'Y OF EAGAN
MIDWESTERN ASSOCLATION PR=UNARY PLAT AND VARIANCE - LONE OAK HEIGKS
SEI''I'EMHER 22, 19 81
PACS, FOUR
9. The developer shall construct a trail from Pilot Kncb Road to Pilot Knob
School somewhere between the condominium and townhouse development.
10. The developer shall provide the City with a copy of the hcimecwner's
association bylaws for City review.
11. A development agreement and planned development agreement shall be ap-
proved prior to the final plat of Lone Oak Heights.
12. The plat shall be reviewed by Dakota County Plat Commission because the
plat abuts two county roads.
DCR/jac
ENGINEERING RECOMMENDATIONS
13. Provide the necessary drainage and utility easements throughout the addi-
tion for water, sanitary sewer and storm sewer lines.
14. Provide a 34' wide 5-ton public street extending through the addition from '
Lone Oak Road to Towerview Road.
15. Provide 26' wide private internal access streets to the public street to
serve the adjacent units and built to 5-ton street design standards with a
3" thick bituminous surface and concrete curb and gutter.
RWR:li
s
1 ',
TO: ADVISORY PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY PLANNER
FROM: ROBERT W. ROSENE, CONSULTING CITY ENGINEER
DATE: SEPTEMBER 15, 1981
RE: PRELIMINARY PLAT - LONE OAK HEIGHTS ADDITION (ORRIN AUNE)
The Public Works Department has the following comments to offer for considera-
tion of the above referenced plat:
UTILITIES
Sanitary sewer can be provided from the sanitary sewer extension currently be-
ing installed across Pilot Knob Road to serve this area. This line has suf-
ficient capacity and is at the proper elevation to serve the entire proposed
addition. Water service will be provided from the existing 12" trunk water
main on Lone Oak Road and the existing 12" trunk water main on Towerview Road.
The water main should be required to be looped within the addition.
GRADING AND DRAINAGE
An existing 24" diameter trunk storm sewer line passes through the middle of
this property. It has sufficient capacity to receive the drainage from this
development. It will be necessary to install catch basins and lateral lines
within the addition but no additional trunk facilities are required.
STREETS
The layout indicates that all streets within this addition are intended to be
private streets. The main street through the area is shown to be 24' wide and
the minor streets serving individual driveways are shown to be 20' wide.
A discussion with the Dakota County Highway Department indicates that the two
access points originally shown to Pilot Knob Road will be denied because of
traffic problems which would be created on Pilot Knob Road. The revised lay-
out omits these two access points. Traffic signals will be installed at the
intersection of Lone Oak Road and Pilot Knob Road with the current County Road
31 construction project and conduit is being placed in Towerview Road so that
traffic signal lights can be added at that intersection with County Road 31 in
the future when traffic warrants are met.
With no access to Pilot Knob Road, it is our opinion that the main collector
street extending from Towerview Road to Lone Oak Road through this addition
should be a public street not less than 34' wide with concrete curb and gut-
ter. The streets and driveways leading from the adjacent units to this street
can be private drives due to the limited number of units each serves but
should not be narrower than 26' . Both the 34' wide and the 26' wide streets
should be constructed to City residential street construction specifications
which require a 5-ton gravel base and a 3" bituminous surface with concrete Curb
and gutter.
I will be available to discuss in further detail any portion of this report
with the Planning Commission at their meeting on September 22, 1981.
Respectfully submitted,
BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC.
Robert W. Rosene q
Consulting City Engineer
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LONE OAK HEIGHTS ADDITION PRELIMINARY PLAT AND VARIANCE
The public hearing regarding the application of Midwestern Association-
Orrin Aune for preliminary plat approval of Lone Oak Heights, consisting of
14.09 acres and containing 145 dwelling units, together with an application
for variance to exceed lot coverage in residential district was next convened.
Mr. Aune was present as were other representatives for the applicant. Mr.
Aune stated a private road is planned between Lone Oak Road and Towerview Road
within the development, although the staff recommended that it be a public
street according to city public street standards. Mr. Aune agreed with the
street being built to city standards but requested that set back requirements
be waived. It was noted further that the density permitted would be less if
the street were upgraded to public street standards and with required ordi-
nance set backs. Mr. Aune stated that NSP would relocate the gas main through
the property and that the applicant had agreed with the relocation at the
developers' cost. It was further noted that Dakota County will not allow
access from the development to Pilot Knob Road and that only Towerview and
Lone Oak Road could be used for access. Mr. Aune showed a revised plan which
changed the location of parking and there were concerns by staff as to the
location of the garages in relation to parking. A large number of affected
residents from the general area were present and objected to certain aspects
of the development, including the impact on Pilot Knob School and the addi-
tional traffic on Lone Oak Road. Mr. Aune stated there would be two home-
owner's associations and staff was concerned about the private street owned
and maintained by two different associations with potential problems. Mr.
Aune further stated that the land is not feasible for underground parking
because the condominium buildings are not large enough to be economically
feasible for underground parking. There were also objections to the density
proposed and the fact that the adjoining playground is already heavily used.
Member Hall recommended that the Planning Commission consider recommending
approval, subject to compliance with the ordinance requirements on density,
and that the interior street be upgraded to city standards with allowing set-
back deviations because of the existing planned development. Two tot lots are
being proposed in the project. A representative from Banco Mortgage was
present and stated that FHA may require the street to be dedicated to the City
and further stated that under FHA requirements, that sales could not initially
be made to non-resident owners. There was also a suggestion that a looped
street be installed in the townhouse area. After considerable discussion,
Hall moved, Krob seconded the motion to recommend approval of the application,
subjecct to the following: fl
1. That the parking area on the revised plan be reviewed, including the
parking near the condominium buildings and that the parking throughout the
complex comply with ordinance requirements and staff recommendations.
2. That the total number of units comply with density requirements for
the specific zoning on the entire parcel.
3. That in the event that the planned development is not completed
within three years from the time of final approval by the council, with the
potential for extension of time at the discretion of the City, that the
property then revert to Agricultural zoning.
4. If the site plan is approved, the gas main shall be relocated so as
not to interfere with any of the proposed buildings.
•
APC Minutes
September 22, 1981
5. The townhouses shall be relocated to meet the setback requirements
in accordance with Ordinance 52.
6. The plat shall be subject to all easements as required by City
staff.
7. A detailed grading, drainage and erosion control plan shall be
approved by the City Staff.
8. A detailed landscape plan shall be approved by City staff and an
adequate landscape bond shall be submitted with the final plat and not re-
leased until one year after the landscaping has been completed.
9. The developer shall provide two tot lots for the pre-schoolers
within the development.
10. The developer shall construct a trail to city standards from Pilot
Knob Road to Pilot Knob School between the condominium and townhouse develop-
ment as determined by the City staff.
11. The developer shall provide the City with a copy of the homeowner's
association Articles and By-laws for City review.
12. A development agreement and planned development agreement shall be
approved prior to approval of the final plat of Lone Oak Heights.
13. The plat shall be reviewed by the Dakota County Plat Commission
because the plat abuts two county roads.
14. The developer shall provide the necessary drainage and utility
easements throughout the addition for water, sanitary sewer and storm sewer
lines as determined by staff.
15. The developer shall install a street, to city standards, from Lone
Oak Road to Towerview, through the development that would allow for future
dedication to the City as a standard public street in the event the mortgage
lender requires dedication or the event the city determines it should be
dedicated for proper maintenance; further that the street setback provisions
not be required.
It was also noted that a number of other variances would be required
under the proposal including reducing the number of units in both the condomi-
nium and townhouse areas, the set-backs along Pilot Knob Road and the total
square footage for the mix that is proposed. All members voted in favor
except Wilkins who voted no. It was suggested that the developers meet with
the area residents informally, prior to consideration at the next council
meeting, and Mr. Aune agreed with the proposal.
RAVINE PLAZA - REZONING, PRELIMINARY PLAT AND VARIANCE
The public hearing regarding the application of Amcon Corporation and
Patrick Gannon to rezone approximately 19 acres from agricultural to PD
MEMO TO: TOM HEDGES, CITY ADMETNISTRATOR
FROM: DALE RUNKLE, CITY PLANNER
DATE: OCTOBER 16, 1981
SUBJECT: ADDITIONAL INFORMATION FOR THE LONE OAK HEIGHTS PRELIMINARY PLAT
Since the time for public hearing at the Advisory Planning Commission Meeting
the Advison7 Planning Commission recommended some revisions prior to the Lone
Oaks Heights Preliminary Plat appearing on the City Council agenda. These
revisions and conditions are stated in the Advisory Planning Camnission Minutes
dated September 22, 1981.
The original application submitted indicated a development proposal with 145
dwelling units. Since the public hearing the applicants have revised the
Preliminary Plat to show 139 dwelling units or a reduction of 6 dwelling units.
In calculating the acreage for the development proposal the applicant could
provide 142 dwelling units. Therefore, they are under the net number of
dwelling units allowed with this revised development proposal.
Staff has reviewed the new layout and design and it appears that all of the
conditions that were requested by the Advisory Planning Commission have been
included in this revised plan. The parking areas have been realigned, the
garages have adequate setback and spacing between, all dwelling units meet the
setback requirements between units. The dwelling units have also been set back.
from the private drive which is being provided from Lone Oak Road to Towervioa
Road. Staff has reviewed the revised site plan and it appears that everything
is in conformance with Ordinance #52.
It is the Staff's understanding that the applicants have also met with the
surrounding property owners in a meeting that was requested prior to the City
Council meeting to go over this revised plan. It is Staff's understanding this
meeting has been conducted so the neighborhood has had a chance to review the re-
visions prior to the City Council meeting.
Some of the conditions stated in the Planning Commission Minutes of September 22,
1981 will be done prior to Final Plat such as the development aggreements, ease-
ments, detailed grading drainage plans, etc. The items which the Planning Cammi.s-
sion were concerned about in the revised layout, reducing densitv and meeting all
ordinance requirements have been met with this revised Preliminary Plat. If the
City Council has any questions regarding the Preliminary Plat of Lone Oak Heights
please feel free to contact me at the City Hall.
S' ,
Dale C. Runkle
City Planner
DCR/bar
LANE OAKS HEIGHT'S
EAGAN, MINNESOTA
A TOt.INMOUSE & CONDOMINIUM PRWECT
I
Civil Engineers
Land Surveyors
Planners
Valley Engineering Co. Inc.
• Q Telephone 447-2570 Box 478 Prior Lake, Minnesota 55372
LONE OAK HEIGHTS PLANNED DEVELOPMENT
CITY OF EAGAN
OWNER/DEVELOPER:
Midwestern Associates, 1405 Lone Oak Road, Eagan, Minnesota. 55121'
Telephone: 459-7120 (Orin'-Aune)
CONSULTANTS_
Valley Engineering Company, Inc., Ron Swanson/Steve Harvey, P. O.. Box 478,
Prior Lake, Minnesota 55372, Telephone: 447-2570
PROPERTY LOCATION
The proposed project is located in the Southwest Quadrant of Lone Oak Road
(Co. Rd. No. 26) and Pilot Knob Road (Co. Rd. No. 31)
PROPOSAL:
The site is presently zoned PD (Planned Development) with an underlying zoning
of R-3 (Residential Townhouse District) and R-4 (Residential Multiple District)`.
The city land use guide designates the site as R-3 land use (Mixed Residential)
with a density of 6-12 dwelling units per acre. The request is`presently
submitted with 139 dwelling units on 14.07 net acres giving an",over all density
of 9.8 dwelling units per acre.
GENERAL:
A public hearing was held on September 22nd, 1981 before the Eagan Advisory
Planning Commission on the original proposal. The project was given preliminary
approval subject to several conditions, one of which was that the density
requirements on the proposed project should be considered on the total site.
With this in mind we have made several revisions on the proposal. The site data
for the proposed Planned Development is shown on Table 1 herein attached, and
indicates that 84 condominium units are to be constructed in 2 buildings-with `
42 dwell' units each 20 adraminium dwell'
'.rig qu ng units and 35 townhouse dwelling
units.
DEVELOPMENT OBJECTIVES:
It is the intent of the Developer to develop the PD in phases beginning with the
mast northerly condominium building as Phase I and the-quadraminium units as
Phase II anticipating an absorption rate of 40 to 45 dwelling units per year.
The estimated price range of<the units would be_$40,000 to $80,000 and would be
sold in fee as individual units with two separate Hone Owners Associations, one
LONE OAK HEIGHTS
page 2
for the condaninium units and one for the townhouse quadraminium units with a
common agreement for maintenance on the main north south road as shown on the
proposal.
It will be the intent of the Developer to provide the required landscaping,
screening, etc., and to use construction materials in conjunction with
• architecturally designed facadesfora pleasing visual effect. Each townhouse
and quadraminium lot would have its own designed landscape plan consistent with
its building type. All parking would be paved and non-landscaped areas would
be sodded. The anticipated density and floor area ratio (FAR). for the PD area
are shown in Table 1 and. the proposed minimum set-backs are consistent with the
zoning ordinances for the total site.
Financing for the PD would be through conventional methods and FHA and GI
Guaranteed Home Loan programs through Banco Corp. The Developers financial
capabilities can be verified by personal statements and/or conformation from -
I
the Developers bank if required.
• CIRCULATION/POPULATION:
The proposed PD will have excellent access to both county and state highways.
The total site will have vehicular access to Lone Oak Road and Pilot Knob Road
via the proposed private north south collocter street and.Towerview Road as
shown on the proposed plata Pilot Knob Road is presently being upgraded to
provide access to the proposed interstate 35E and 494intersection.
At present there is a city park adjacent to thesouthwesternboundary of the
site and an elementary schoolonthe northwestern boundary. The proposed PD `
provides for a walkway access to carry the present and future pedestrian traffic
frau Pilot Knob Road to the western boundary. The denographic of the Lone Oak
Heights PD are shown on Table 3; it has been estimated that the population of
the PD will be 369 of which 64 will be school age children. The distribution
of school age children was made frau data obtained from the Rosemount and west
St. Paul School District, using the highest percentage from each District.
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LANE OAK HEIGHTS
Page 6
DESCTtYP: CM FOR PRXIXED PIAT
• The Northeast Quarter of the Northeast Quarter of Section 9, Township 27, Range 23, Dakota County,
K-nnesota excepting there_`ran the following:
1. That parr of the Northeast quarter (NE 1/4; of the Northeast quarter (NE 1/4) of Section Nine
(o} Township Twenty-seven (27), Range enty-three (23), particalarly'described as follows:
Beginnurg at the intersection of the East line of Oslund Timberline Addition as platted and
the North line of Section Nine (9), Township Twenty-seven (27), Range 1Wennty-three (23);
thence South along said East line a distance of 660 feet to a point on said lire; thence East
along a line parallel to the north line of said Section a distance of 859 feet to a point;
thence North along a line parallel to the east lire of Oslund Timberline Addition as platted
a distance of 660 feet to a point on the North line of sadi Section Nine (9); thence West l
along the North line of said Section (9) a distance of 859 feet to the place of beginning.
2. That part of the Northeast Quarter (NE 1,14) of Section 9, Township 27, Range 23, Dakota County,
w.inresota, described as follows: 7
orner.nq at the Northwest corner of the Northeast Quarter CNE 1/4) of the Nn-theast Quarter {
T 1-'4) of Section. 9; thence South 0 decrees C2 -Lnutes 02 seconds West (for the purposes of
• this :escr:ption the North line of :he Northeast Quarter {NE 1/4) of the Northeastouarter (NE 1!4)
of said _e ticn 9 has ar. assuned bear -r, of South 89 degrees 53 minutes 20 seconds East) to the
30u :ane of the Nrorth 660.00 feet of sac Njort? t 0uarter (!M 1/4) of the Mort, t Quarter
`T .,4}, said point being the point of becLr. ng of the Land to be described thence continuing
South C degrees 02 ,minutes 02_seconds;des_ to the South line of said Northeast ?anter (,NE 1/4) r
of the Northeast Q.;arter (NE 1/4) thence Easterly along the South line of said Northeast
Quarter NIE /4; of the Northeast Quarter M 1/4) a distance of 666.41 feet; thence North 0
degrees 02 minutes 02 seconds East to the South lire of the North 660.00 feet of said
`ortheast 'X:a-ter (NT 1/4) of the Northeast Quarter (N,M 1/4); thence Westerly along the South
• line North 660.00 Feet of said Northeast Quarter (NE 1/4) of the Northeast Quarter NE 1/4) .
to the point of beginning.
3. -!at cart of the northeast quarter of the northeast quarter of Section.9, Township 27, Range 23,
Dakota 'bunt;, Ntinesota, lying swth of the nort': 33.00 feet thereof which lies east of Line
1 ani west of Line 2 described as follows: f
Line 1 is a line 55.00 feet west of, as mea_sared at_right angles to and parallel with. the j
fcllow -ig described line. Beginning at the northwest darner of said Section 10 theme south
• along the west line of said Section 10 a distance of 482.89 feet; thence along a tangential
:e to the right, having a central angle of 1 degree 00 minutes 00 seconds and a tangent '
of C ,: feet, a dstxice of 200.00 feet; thence scutherly tangent to the last described 4
z=-.'e a _istarce of 253.39 feet; thence.alorg a tangential curve to the left, having a central �
angle of l levee 00 mis:tes 00 seconds and a tangent of 100.00 feet, a distance of 200.00
feet: thence southerly tangent to the last described curve a distance of 200.00 feet there
to:..:rating.
Line 2 is a _ine 33.CC feet west of, as measured at right angles to andparallelwith, a line
drawn f_--txn a ocint on the north line of the nort.%mst quarter of Section 10, Township 27,
1. Range:23, Dakota Count-jr, !lines-ta, distant 8.80 feet east of the northwest corner thereof
to a point or, the south line of the northwest quarter of the ro-t nest quarter of said Section
.0 distant 10.30 feet east of the sour-,wiest comer thereof.
Together with the south. 22.00 feet of the north 55.00 feet of the northeast quarter of the northeast
n=ter of said Section 9 which lies vest of the aforgnentioned° Line 1 and east of the west
feet of the nc Mheast cuarter of the northeast quarter of said Sectior. 9.
i. ;T:at :art of the NX 1/4 of the %T -1/4 of Sectior. o, T-7wr-zhip 27, Range 23 ly.
• +r4 crib and east
of.�ccepuon f 3 (the old rights-of-way for ?one Oak load and Pilot Knob Road).
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Agenda Information Memo
October 15 , 1981
Page Nine
WAIVER OF PLAT - GREGORY GROSE
B. Gregory Grose for a Waiver of Plat to Subdivide a Duplex Lot
for Owner Occupancy -- A public hearing was held before the APC
to consider an application submitted by Gregory Grose for a waiver
of plat to subdivide a duplex lot for owner occupancy located on
Lot 2, Block 1, Ballantrae First Addition. The APC is recommending
approval of the waiver of plat to the City Council . For additional
information on this item, please refer to the City Planner' s report ,
a copy of which is enclosed on pages 3 p through 37- . For
a copy of the minutes regarding this item, please re-fer�to page
33 .
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the
recommendation of the APC to approve the waiver of plat.
2�
CITY OF EAGAN
SUBJECT: W VER OF PLAT
APPLICANT: GREGORY GROSE
LOCATION: LOT 2, BLACK 1, BALLANTRAE 1ST ADDITION
EXISTING ZONING: R-2 (RESIDENTIAL DOUBLE DISTRICT)
DATE OF PUBLIC HEARING: SEPTEMBER 22, 1981
DATE OF REPORT: SEPTEMBER 16, 1981
REPORTED BY: DALE C. mT=, CITY PLANNER
APPLICATION SUBMITTED
An application has been submitted for a waiver of plat to allow for the sub-
division of a duplex lot for separate ownership of each duplex unit. Lot 2,
Block 1, Ballantrae lst Addition was platted a number of years ago which al-
lowed a duplex on a single lot. The owner is now requesting to subdivide the
duplex lot for single ownership. #
CCMMEI'I'S
1. The lot in question currently contains one duplex upon a single lot. The
proposal is to split the lot to allow for separate ownership of both du-
plex units.
2. Each of the newly-created lots would meet all ordinance requirements ap-
plicable to the R-2 zoning designation.
3. The proposed lot split would not negatively impact the character of the
neighborhood and would encourage owner occupancy of the dwelling units.
4. In the past, other similar waivers of plat have been granted in the Ches
Mar and Cedar Grove neighborhoods.
5. Separate utility lines should be provided to each unit if not already.
If approved, the waiver should be subject to the following conditions:
1. All property shall retain the existing drainage and utility easements.
2. The newly-created lots must meet all applicable ordinance requirements.
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GREGORY GROSE - WAIVER OF PLAT
The hearing regarding the application of Gregory Grose for waiver of plat
for Lot 2, Block 1, Ballantrae First Addition, was considered by the Planning
Commission. Mr. Grose was present and there were no objections to the pro-
posed split of a duplex lot. Krob moved, Wilkins seconded the motion to
approve the application subject to the following:
1. All property shall retain the existing drainage and utility ease-
ments.
2. The newly created lots shall meet all applicable ordinance require-
ments. All voted yes.
i
5
33
Agenda Information Memo
October 15, 1981
Page Ten
LEONARD NORUM - CONDITIONAL USE PERMIT FOR AMUSEMENT DEVICES
C. Leonard A. Norum for a Conditional Use Permit to Allow 15 Amuse-
ment Devices in the Silver Bell Shopping. Center -- A public hearing
was held before the APC at their last regular meeting held on
September 22 , 1981 to consider a conditional use permit in order
to have more than three (3) amusement devices in a neighborhood
business district located in the Silver Bell Shopping Center.
The Advisory Planning Commission is recommending approval of the
conditional use permit to the City Council . For additional infor-
mation on this item, please refer to the City Planner' s report ,
a copy of which is enclosed on pages *35- through 1P . A letter
was also submitted by the attorney representing Mr. Leonard Norum
and a copy of that letter is enclosed on pages ¢ ' through
A?, for your reference. For a copy of the actio nn t at wwas taken
b—y tie APC , refer to those minutes found on page 43 .
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the
recommendation of the APC to approve amusement devices in the
Silver Bell Shopping Center.
i
I
9
i
3j
CITY OF EAGAN
SUBJECT: CONDITICNAL USE PER aT
APPLICANT: LEONARD A NORUM
LOCATION: PART OF THE St 4. OF SECTICN 17, 1971 SILVER BELL ROAD
EXISTING ZONING: NB (NEIGHBORHOOD BUSINESS DISTRICT)
DATE OF PUBLIC HEARING: SEPTEMBER 22, 1981
.DATE OF REPORT: SEPI-EMBER 16, 1981
REPORTED BY: DALE C. RC)NKLE, CITy PLANNER
APPLICATION SUBMITIED
An application has been submitted requesting a conditional use permit in order
to have more than 3 amusements devices in a NB (Neighborhood Business District)
located at 1971 Silver Bell Road.
CC"=
In 1980, the Eagan City Council amended Ordinance 52 to allow more than 3 amuse-
ment devices in any one location as a conditional use within ccmmrcial dis-
tricts. Therefore, the applicant is fulfilling the requirement of the public
hearing process with this application. Also, on July 17, 1980, the Eagan Citv
Council adopted Ordinance 73 regarding amusement devices. Ordinance 73 requires
all amusement devices to be licensed within the City of Eagan. The ordinance
also states many requirements which the applicant must fulfill in order to ob-
tain licenses for amusement devices. If Ordinance 73 is enforced, staff at this !
titre has no additional conditions to place on the conditional use permit.
j
If approved, the conditional use permit should be subject to the following con-
ditions:
1. Fulfilling all the requirements of Ordinance 73, Amusetrent Devices.
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CITY OF EACAN
DAKOTA COUNTY, MINNESOTA
ORDINANCE N0. 73 — AMUSEMENT DEVICES
THE CITY COUNCIL OF THE CITY OF EACAN, DAKOTA COUNTY, MINNESOTA, DOES HERESY
ORDAIN:
SECTION 73.01 -- DEFINITIONS.
As used herein a mechanical amusement device is defined as a machine which,
upon the insertion of a coin, token or slug, operates or may be operated for
use as a game, contest or amusement of any description, or which may be used
for any such game, contest or amusement , and which contains no automatic pay
off device for the return of money coins, checks, tokens or merchandise, or
which provides for no such pay off by any other means or manner. The term
mechanical amusement devices shall include pin ball machines, mechanical
bowling machines, shuffleboards, electric rifle or gun
miniature pool tables,
ranges, miniature mechanical devices and games or amusements patterned after
baseball, basketball, hockey, tennis, soccer, juke boxes and similar games,
which may be used solely for amusement and not as gambling devices, but shall
exclude mechanical rides.
SECTION 73.02 -- LICENSE REQUIRED. within
No person, firm, or corporation shall operate, maintain, or keep
the City of Eagan, a mechanical amusement device as hereinbefore defined without
first obtaining a license therefore from the City Council, except that chis
nical amusement devices held or kept in storage
ordinance shall not apply to mecha
or for sale, and which are not actually in use.
SECTION 73.03 APPLICATION REQUIREMENTS.
Application for such license shall be made to the City upon a form 1. be
supplied by it for that purpose. The required license may be secured either
by the owner of the machine or the person in whose place of business the machine
is placed for use by the public. The application for such license shall contain
the following information:
1. Name, address, age, and date and place of birth of the occupant.
2. Prior misdemeanor, gross misdemeanor or felony statutory or ordinance
convictions of applicant, if any.
Ordinance No. 73
Page Two
3. The place where the machine or device is to be displayed or operated
and the business conducted at that place.
4. A description of machines to be covered by the license including
mechanical features, name of manufacturer and serial number.
SECTION 73.04 -- LICENSE FEES AND PROCEDURES.
Subdivision 1. The annual license fee for any individual or business owning
a mechanical amusement device within Eagan shall be determined according to
the total number of machines that individual or business has located within
the City.
Number of Machines Owner's License Fees
1-3 $25.00 per machine
4-15 $200.00
More than 15 $400.00
Subdivision 2. All such licenses for mechanical amusement devices shall
expire on the 1st day of July of the effective year. Applications for licenses
shall be considered by the City Council, and, if approved by the City Council,
a license shall be issued by the City Clerk. License fees paid to renew an
expired license shall be paid on or before the 1st day of June of the year
preceding the effective year. Any annual fee paid later than ten working days
after June 1st shall be subject to an additional administrative service charge
double the amount of the license or fifteen ($15.00) , whichever is the least.
Initial application received prior to the 1st day of January shall be subject
the entire annual fee and applications received after January 1st shall be
subject to one-half of the annual application fee.
SECTION 73.05 -- INSPECTION.
One copy of the application shall be referred to the Chief of Police or
his designated inspector who shall investigate the location wherein it is
proposed to operate such machine, ascertain if the applicant is a person of
good moral character, and either approve or disapprove the application. No
license shall be issued to any applicant unless it has been approved by the
Chief of Police or his designated inspector.
`3 7
1
Ordinance No. 73
Page Three
SECTION 73.06 -- DISPLAY OF LICENSE.
The license or licenses herein provided for shall be posted permanently
and conspicuously at the location of the machine in the premises wherein the
device is to be operated or maintained.
SECTION 73.07 -- TRANSFERABILITY.
Subdivision 1. The license may be transferred, from one machine or device
to another similar machine upon application to the City to such effect and the
giving of a description and the serial number of the new machine or device.
Not more than one machine shall be operated under one license and the applicant
or licensee shall be required to secure a license for each and every machine
displayed or operated by him.
Subdivision 2. Licenses are issued for one location only, and such licenses
are nontransferable between locations.
SECTION 73.08 -- REVOCATION OF LICENSE.
Every license issued under the City is subject to the rights, which is
hereby expressly reserved, to revoke the same should the licensee directly or
indirectly permit the operation of any of the devices licensed herein contrary
to the provisions of this Code or the laws of the State of Minnesota. Written
notice shall be given to the licensee specifying the violation with which he
is charged. At such hearing the licensee and his attorney may present and submit
evidence or witnesses in his defense. If after a hearing the licensee is found
guilty of such violation, the license may be revoked by the City Council.
SECTION 73.09 -- SEIZURE AND DESTRUCTION OF MACHINE.
If the Chief of Police or his designated inspector shall have reason to
believe any mechanical amusement device is used as a gambling device, such
machine may be seized by the police and impounded. If upon trial of the
exhibitor for allowing it to be used as a gambling device said exhibitor is
found guilty, such machine shall be destroyed by the police.
SECTION 73.10 -- GAMBLING PROHIBITED.
No person, firm or corporation shall permit the operation of such a machine
or device for the making of side bets or gambling in any form. No prize, award,
merchandise, gift , money or anything of value shall be given to any player of
such machine or device. 3 9
r • •
Ordinance No. 73
: Page Four
SECTION 73.11 -- OPERATION BY MINORS.
Subdivision I. Every licensee, and every person, firm or corporation upon
whose premises a mechanical amusement device is located and is open to operation
by minors, shall himself or through his agents or servants, cause the following
regulations to be conspicuously displayed in the area where such device is
located, and shall cause said regulations to be rigidly enforced:
I. Gambling or wagering of any type whatsoever is prohibited.
2. Adult supervision shall be present where a mechanical amusement device
is located at all times the device is in operation.
3. Horse play, profane language, and abuse of machines is prohibited.
4. Mechanical amusement devices shall not be operated after 10:00 p.m.
except by permission of the City Council.
_'S. Violators of the above rules shall be ejected from the premises.
Subdivision 2. The use of any such device by a person under the age of
18 years and unaccompanied by his parents or guardian, shall constitute a
conclusive presumption that the same is being used with the permission or at
the sufferance of the licensee and person, firm or corporation upon whose
premises it is located.
SECTION 73. 12 -- PENALTY.
Any person who shall violate any of the provisions of this ordinance shall
upon conviction thereof be punished by a fine not exceeding Five Hundred Dollars
($500.00) or improsonment for not more than ninety (90) days or both.
SECTION 73.13 -- VALIDITY.
The invalidity of any part of this ordinance as declared by a Court of"
competent jurisdiction shall not affect the validity of the remainder thereof.
SECTION 73.14 -- EFFECTIVE DATE.
This Ordinance shall take effect upon its adoption and publication according
to law.
ATTEST: CITY COUNCIL
CITY OF EAGAN
i BY: 1 �� _.! f4-y?
Its City Clerk / " Its Mayor
Date Ordinance Adopted: July 17, 1980 t
Date Ordinance was Published in
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William B. Korstad
James B. Lund
William A. Soules
Korstad, Lund,Soules, Erdall & McKendrick, Ltd. Richard M. Erdall
John E. McKendrick
Attorneys at Law ,� �� G. E.Sveeggen
Marvin L. Gurewitz
Kent N. Magnuson
1600 Dain Tower
527 Marquette Avenue CCj C r
Minneapolis, Minnesota 55402v
Telephone (612) 339-3100 r
October 13 , 1981
Mr . Tom Hedges
Egan City Hall
3795 Pilot Knob Road
Egan, MN 55122
Re: Argon Amusements
Dear Mr . Hedges:
We represent Argon Amusements. They have an application
pending to operate an amusement center in the Silver Bell
Mall which will be before the Eagan City Council on
October 20 , 1981 . During the Planning Commission hearing on
this matter , one commissioner asked our clients if they were
familiar with Section 73.11 , Subdivision 2 , of the Eagan Code
of Ordinances which reads as follows:
"The use of any such device by a person under
the age of 18 years and unaccompanied by his
parents or guardian, shall constitute a
conclusive presumption that the same is being
used with the permission or at the sufferance
of the licensee and person, firm or corporation
upon whose premises it is located. "
No one at the meeting seemed very clear on its
interpretation.
Since Argon' s experience in other centers is that most of its
-customers fall within the ages of 13 to 17 , they have asked
me for an interpretation of the provision. My reading of the
provision is that it permits unaccompanied minors to use the
devices but attempts to impose on an owner permitting same
some undefined responsibility over and above that normally
associated with a business operation. I have briefly
41
This professional association of attorneys is not a partnership.
Korstad, Lund,Soules, Erdall & McKendrick, Ltd.
discussed the matter with Paul Hauge and he was not sure of
the provision' s purpose .
Argon understands their business will be the first in your
community exclusively devoted to amusement devices . It is
important to them that the business provide a wholesome
recreational outlet for the community as well as be
successful.
If our client' s proposed operation is in any way inconsistent
with the policy of the City of Eagan, we would , of course ,
prefer to resolve such problems prior to the start of
business. Any clarification you could provide on Section
73 .11, Subdivision 2, would be appreciated.
Sincerely,
f,41X111,
Richard M. Erdall
cc: Leonard Norum
1
q.Z
LEONARD A. NORUM - AMUSEMENT DEVICE PERMIT
The public hearing regarding the application of Leonard A. Norum for
conditionaluse permit for installation of more than three amusement devices
in the Silver Bell Shopping Center, 1971 Silver Bell Road, was convened. Mr.
Richard Erdahl, attorney, appeared for the applicant, as did Mr. Norum. There
were no objections to the application. It was noted that the Police Depart-
ment must review and comment on the application. The hours proposed were
explained by Mr. Erdahl and the provision under the ordinance regarding minors
patronizing the establishment and minors as employees, was reviewed by the
Commission Members. After discussion, Bohne moved, Gits seconded the motion !
to recommend approval of the applciation, subject to the following:
1. That all provisions of Ordinance No. 73 regarding Amusement Devices,
be met
2. That the application be reviewed annually by the City Council. All
voted in favor except Krob, who voted against.
st
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11
� 3
i • _
Agenda Information Memo
October 15, 1981
Page Eleven
FEDERAL-LAND.COMPANY---VARIANCE-FROM PARKING REQUIREMENT
D. Federal Land Company, Martin Colon, for a Variance from Parking
Requirements for an Office Building on Lot 1, Block 1, Bicentennial
7th Addition -- A public hearing was held by the Advisory Planning
Commission at their last regular meeting held on September 22,
19813, to consider a variance application submitted by Federal Land
Company for parking requirements for an office building in a com-
mercial district located on Lot 1, Block 1, Bicentennial 7th Addi-
tion. The APC is recommending approval of the variance to the
City Council. For additional information on this item, refer to
the City Planner' s report, a copy of which is enclosed on pages
�s through For additional information regarding action
at was taken— y t e APC, refer to a copy of those minutes found
on page &0 .
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the
recommendation of the Advisory Planning Commission to approve a
variance from parking requirements to the Federal Land Company.
44
CITY OF EAGAN
SUBJECT: VARIANCE
APPLICANT: FEDERAL LAND W'EPANY
LOCATION: LOT 1, BLXK 1, BICENTRINIAL 7T[i ADDITION
EXISTING ZONING: Ca1v1EPJ= USHER A PLANNED DEVEI0PrIQ1T
DATE OF PUBLIC HEARING: SEPTEMBER 22, 1981
DATE OF REPORT: SEPTEMBER 17, 1981
REPORTED BY: DALE C. RUNKLE, CI'T'Y PRIER
APPLICATICN SUBMIITrM
An application has been submitted requesting a variance frau the parking re-
quirements for an office building in a commercial district located on Lot 1,
Block 1, Bicentennial 7th Addition.
CO IMITS
Presently, Federal Land Co. is in the process of completing the third office
building in the Yankee Square Planned Development. The application before the
Advisory Planning Commission at this time is a request for a variance from the
Parking requirements on the fourth office building.
Lot 1, Block 1, Bicentennial 7th Addition consists of 1.76 acres and will con-
tain 12,160 square feet of building on one floor, or 24,220 square feet for the
total building. The lot coverage on Lot 1, Block 1, is 15.8%, which is the
under the maximun requirements of Ordinance 15.
Federal Land is proposing to construct the identical office building on Lot 1,
Block 1, Bicentennial 7th Addition as has been constructed to the west and south
of this location. In reviewing the parking standards for this office building,
this office would require 145 parking spaces. In reviewing the site plan, the
site can only produce 103 parking spaces in which there are 42 spaces short of
the ordinance requirement.
Federal Land has indicated that they have more parking spaces than what is need-
ed on the other 3 office sites. Federal Land is proposing to utilize the em. ty
spaces on the other three sites to make up the 42 parking spaces. If the vari-
ance is granted for the 42 spaces, the applicant will then be able to construct
this identical building.
If approved, the variance should be subject to the following conditions:
1. That a cross easement be provided for the 42 parking spaces on the other
3 lots where the offices have already been constructed. These 42 spaces
shall be the closest parking spaces to the office building on Lot 1,
45"
CITY OF EAGAN
FEDERAL LAND CCmPANY
SEPTEMBER 22, 1981
PAGE TWO
Block 1, Bicentennial 7th Additiaz.
2. That all other ordinance requirements shall be net.
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FEDERAL LAND COMPANT - BICENTENNIAL 7TH ADDITION VARIANCE
The public hearing concerning application of Federal Land Company for
variance from the parking requirements for an office building and commercial
district on Lot 1, Block 1, Bicentennial 7th Addition, was convened by Chair-
man Harrison. Mr. Martin Colon appeared for Federal Land Company and stated
that Federal Land Company is in the process of completing the third office
building in Yankee Square Center. The application would be a request for
variance for parking for the fourth building noting that the building will be
identical to two other buildings in Bicentennial Addition, but can provide for
a maximum 103 parking spaces which are 42 spaces short of the ordinance
requirement. The other office buildings comply with the required parking and
Mr. Colon stated there was an excess amount of parking available for the other
buildings. The parking is figured on a gross, rather than a net basis. Hall
moved, Harrison seconded the motion to recommend approval of the variance
based upon the inability to provide for additional parking on the lot and the
fact that the City computes parking on a gross rather than a net square foot
basis, subject to the following:
1. That a cross easement be provided for the 42 parking spaces on the
other 3 lots where the offices have already been constructed and these 42
spaces shall be the closest parking spaces to the office building on Lot 1,
Block 1, Bicentennial 7th Addition.
2. That all other ordinance requirements shall be met. All voted in
favor.
sv
Agenda Information Memo
October 15, 1981
. Page Twelve
HILLCREST DEVELOPMENT CORPORATION - REQUEST FOR GROUND SIGN
E. Hillcrest Development Corporation, Ernie Christensen, for a
Variance from Ordinance 16 to Allow 2 Ground Signs for One Office
Building, at the Mari Acres 2nd Addition -- A public hearing was
held before the APC to consider an application submitted by Hill-
. crest Development Corporation requesting a variance from Ordinance
16 , the sign ordinance to allow a second ground sign for an office
building located on Lot 3, Block 1, Mari Acres 2nd Addition. The
APC is recommending approval of the variance to allow two ground
signs for the office building to the City Council . For additional
information on this item, please refer to the City Planner' s report,
a copy of which is enclosed on pages ,$2.- through SS- . For
action that was taken by the AP C, refer to those minutes found
on page (o.
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the
recommendation of the APC to approve the variance for two (2) addi-
tional ground signs for an office building (Hillcrest Development
Corporation) .
S
CITY OF EAGAN
SUBJECT: VARIANCE
APPLICANT: HILLCREST DEVELOPMENT CORPORATION
LOCATION: LOT 3, BI= 1, MARI ACFW 2ND ADDITION
EXISTING ZONING: CSC (CO447NITy SHOPPING OTTER DIS'T'RICT)
DATE OF PUBLIC HEARING: SEPTEMBER 22, 1981
DATE OF REPORT: SEPTE BEM 16, 1981
REPORTED BY: DALE C. FdjNmE, CITY PLANNER
APPLICATION SUffi"FI=:
An application has been submitted requesting a variance from Ordinance 16, Sign
Ordinance, to allow a second ground sign for an office building located on Lot
3, Block 1, Mari Acres 2nd Addition.
ccnm=
As you may recall, Hillcrest Development Corporation received plat approval in
1980 for Mari Acres 2nd Addition. Since that tune, Hillcrest has started con-
struction and has almost ampleted the first phase for the 20,000 sauare foot
office building which was proposed. The proposed building was designed as a
2-story office building with each floor at a different elevation which allows
walk in access to each level. Hillcrest Corp. has received one ground sign for
the office building. At the end of the platting process, Hillcrest Corp. also
submitted an overall sign plan as to how the overall commercial area will be
signed as it develops. At the time the sign plan was submitted, the City of
Eagan was in the process of reviewing Ordinance 16, the sign ordinance in re-
gard to freeway signs. At the tine Hillcrest was asking approval of the over-
all sign plan, the City of Eagan did not take any action and stated that they
would like at the overall sign plan at a future date. As stated earlier in
this report, the first phase, or the office building, has been, or will be cm*-
pleted, within the near future and Hillcrest Development is requesting a second
ground sign for the office building.
In reviewing the present sign ordinance as amended, it would allow Hillcrest
to obtain a pylon sign for freeway visibility along with a ground sign orientated
for Erin Lane. Hillcrest is not requesting a pylon sign but is reauesti.ng a
ground sign in place of this pylon. Therefore, Hillcrest Develoament Corp. is
asking less signage than what would be allowed under the amended sign ordinance.
The proposed ground sign is 7' in height and has a maximum of 20 square feet
of signage. The sign is in conformance with the ground sign standards in Ordi-
nance 16. If approved, the proposed ground sign should be subject to setback
and height requirements of Ordinance 16.
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EMI CREST DEVELOPMENT CORPORATION VARIANCE - MARI ACRES 2ND ADDITION
The hearing regarding the application of Hillcrest Development Corpora-
tion for variance from Ordinance No. 16, Sign Ordinance, to allow a second
ground sign for an office building on Lot 3, Block 1, Mari Acres 2nd Addition
was opened. Mr. Ernie Christenson appeared for the applicant and stated that
all spacing requirements will be met but that because of the two levels of the
office building not being completed, that it is necessary to have two signs.
.Mr. Christenson further stated that no additional sign variances will be
required in the Mari Acres Development. Gits moved, Bohne seconded the motion
to recommend approval of the application noting the hardship is based upon two
main entrances to the building at different levels with the understanding that
no pylon sign application will be submitted for the specific office building;
further, that the application be subject to compliance with Ordinance No. 16
in all other respects. All voted yea.
s �
Agenda Information Memo
October 15 , 1981
Page Thirteen
JOE CHRISTENSEN - STORM SEWER PETITION
A. Petition, Joe Christensen for a Storm Sewer on Egan Avenue
-- Mr. Joe Christensen who resides at 2885 Egan Avenue is requesting
consideration by the City to install approximately 100 to 200 feet
of storm sewer lateral main to accommodate storm water drainage
in the City park located in Country Home Heights Addition. This
park land has a history of short term flooding conditions following
a significant amount of rain fall . According to Mr. Christensen,
the amount of rain fall required for flooding has been reduced
while the amount of water accumulated in the park has increased
due to the reconstruction of Egan Avenue and the new Pilot Knob
Road construction. The City Council did take action prior to the
Pilot Knob Road improvement to install a storm sewer stub on Egan
Avenue from the Pilot Knob Road storm sewer system to serve storm
sewer lateral construction in the future for Country Home Heights
without any disturbance to Egan Avenue. It was explained to Mr.
Christensen that if a short amount of lateral storm sewer were
installed at this time, a number of residents would receive a par-
tial storm sewer lateral assessment and could be assessed a further
amount in the future. Mr. Christensen has already agreed to grant
the easement for installation of storm sewer across his property
which would shorten the . amount of storm sewer pipe installation
required for the project. Mr. Christensen was advised by the City
Administrator and Consulting Engineer to circulate a petition to
his adjoining neighbors and present the same to the City Administra-
tor and Director of Public Works prior to the City Council meeting
for further evaluation. Mr. Christensen plans to be present to
participate in the discussion by the City Council on this item.
ACTION TO BE CONSIDERED ON THIS MATTER: ToDnp c.'..jny
acceptance of a petition and order a feasibility report.
CONTRACT 81-14
B. Contract 81-14, Receive Bids and Award Contract (Wilderness
Run Road) -- A bid opening was held at 10: 30 a.m. on Thursday,
October 8, 1981, for Contract 81-14. The tabulation of bids re-
ceived along with the comparison of the estimated cost reported
in the respective feasibility report is provided on the attached
bid tabulation sheet found on page The bids have been re-
viewed by the Director of Public and Consulting Engineer
and found to be acceptable.
ACTION TO BE CONSIDERED ON THIS MATTER: To receive the bids for
Contract 81-14 and award the contract to the low bidder, Richard
Knutson, Inc. , in the amount of $335,967.50.
5'7
OUR FILE N0. 49213
Feasibility Report $401,830
Engineer's Estimate 3831,000
Low Bid 335,967.50
% OVER (+) OR
UNDER (-) F.R. - 16.40
WILDERNESS RUN ROAD
PROJECT - 345
STREET & STORM SEWER IMPROVEMENTS
EAGAN, MINNESOTA
CITY CONTRACT 81-14
BID TIME: 10:30 A.M., C.D.S.T.
BID DATE:_ Thursday, Oct. 8, 1981
CONTRACTORS
TOTAL BASE BID
1. Richard Knutson, Inc. $3351967.50
2. Julian M. Johnson 3480,133.20
3. Fredrickson Excavating Co. 356,510.00
4. Orfei & Sons, Inc. 362,875.65
5. Bituminous Roadways 377,497.90
6. Hardrives, Inc. 3891312.70
7. G. L. Contracting Co. 423,664.00
8. Widmer Bros., Inc. 440,469.50
9. Alexander Construction Co. NO BID
10. Barbarossa & Sons, Inc. NO BID
11. Austin P. Keller Construction NO BID
12. C. S. McCrossan, Inc. NO BID
li
13. Northdale Construction Co. NO BID
14. McNamara Vivant Contracting Co. NO BID
15. Erwin Montgomery Construction NO BID
16. B-Tu-Y,4ix Construction NO BID •.
ENGINEER'S ESTIMATE-------------- $383,000
sa
Agenda Information Memo
October 15, 1981
Page Fourteen
CONTRACT 81-15
C. Contract 81-15, Receive Bids, Award Contract (Project 344 &
339 Revised) -- The bid opening was held at 10: 30 a.m. on Thursday,
October 8, to consider bids for Contract 81-15. Contract 81-15
provides for the installation of a sanitary sewer main under Project
344 for the Winkler/Jackson Addition adjacent to Slater' s Road
south of Cliff Road. It also provides for the installation of
a temporary lift station and storm sewer force main from LP-57
on the east border of the Beacon Hills Subdivision adjacent to
John Brown's property. This storm sewer outlet is a revision to
Project 339 which discussed the proposed outlet for the pond located
within John Browns ' s property. Because Project 339R does not
account for any assessments, there is no feasibility report esti-
mate available for comparison. The alternate bid provides for
a slide plate and discharge nozzle for the existing pump. It is
the recommendation of the Consulting Engineer that the City approve
the total bid and that the gate valve be included as a part of
the total base bid in lieu of the sheer gate.
ACTION TO BE CONSIDERED ON THIS MATTER: To receive bids for Con-
tract 81-15 (Project 334 and 339R) and award the contract to North
dale Construction in the amount of $127,145.
s/Thomas L. Hedges
ity mi.ni.strator
s' 9
OUR FILE NO. 49235
WINKLER/JACKSON 1ST ADDITION
TEMPORARY OUTLET FOR POND LP-57
PROJECTS 339 & 344
CITY CONTRACT 81-15
EAGAN, MINNESOTA
BID TIME: 10:30 A.M., C.D.S.T.
BID DATE:_Thursday, Oct. 8, 1981
CONTRACTORS TOTAL BASE BID ALT. BID TOTAL BASE WALT.
1. Northdale Construction 126,171.00 + 974.00 $127,145.00
2. Richard Knutson Inc. 130,705.20 +1400.00 132,105.20
3. Barbarossa & Sons 131,811.00 +1300.00 133,111.00
4. Walhunt Construction 134,776.35 + 850.00. 135,626.35
5. Orfei & Sons Inc. 135,281.80 +1248.98 136,530.78
6. Fredrickson Excavating 139,130.00 + 350.00 139,480.00
7. Nodland Associates 158,425.00 - 400.00 158,025.00
8. Austin P. Keller Const. 162,565.00 +1200.00 163,765.00
9. G. L. Contracting 184,344.75 + 600.00 184,944.75
10. Orvedahl Construction 229,535.30 +1400.00 230,935.30
11. H.B.H. Construction
NO BID
12. De-Luxe Construction NO BID
13. Erwin Mmtgomery Const. NO BID
ENGINEER'S ESTIMATE----------- $132,000
Feasibility Report
Engineer's Estimate $132,000
Low Bid 127,145
% OVER (+) OR UNDER (-) F.R. -3.7%
*No F.R. for Project 339
60
•
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 15, 1981
SUBJECT: INFORMATIONAL
Thomas Lake -Storm-Sewer-Appeal
Enclosed on pages -6 Z-- through -6-1- is a copy of a _letter prepared
by City Attorney—Hauge and dis u sed at the last City Council
meeting. This letter, though dated September 25, was given to
this office the same day as the last Council meeting and therefore
copies were not provided to the Council.
Letter- from Representative -Kelly
Mayor Blomquist asked that a copy of a recent letter from Repre-
sentative Randy Kelly, Chairman of the house Juvenile Justice and
Crime Victims Committee, be passed on to the City Council.
Letter - from-Tim Trost
Enclosed on page is a copy . of a letter sent to the Mayor
and City Council , and e Planning Commission from Mr. Tim Trost
who resides at 3240 South Lexington Avenue.
Action Alert - General Revenue Sharing and Industrial Revenue Bonds
Enclosed on pages - 44 - through 6-7- is a copy of an action alert
from the League of Mi—nnesota Cine-pertaining to the future of
general revenue sharing and industrial revenue bonds .
s/Thomas L. Hedges •
ity ministrator
61
PAUL A. HAIIGE & ASSOCIATES, P.A.
ATTORNEYS AT LAW
9908 SIBLEY MEMORIAL HIGHWAY
EAGAN (ST. PAUL). MINNESOTA 45122
PAUL H. HAUGE
AREA CODE 612
BRADLEY SMITH
KEVIN W. EIDE TELEPHONE 434-4224
DAVID G. KELLER
September 25, 1981
Mr. Thomas L. Hedges
City Administrator
3795 Pilot Knob Road
Eagan, MN 55122
Re: Thomas Lake Storm Sewer Trunk Appeal
Judge Mansur Order of September 22, 1981
Dear Tom:
We have reviewed our file for the purpose of presenting to the City Council
the options which the Council has for responding to the recent decision of
Judge Mansur in this case. First, in reviewing the decision, it is clear that
the Judge decided only on the basis the City of Eagan made no finding of
special benefit as to the appellant's property only. This is number three
of the Court's findings. The Judge did not make any decision as to the validity
of the assessment formula, nor did he make any findings that the special bene-
fits were exceeded by the assessments. In other words, his decision was a
procedural decision, not a decision on the substantive issues. The Judge's
memorandum goes on to state that the City made no findings of special benefit,
made no findings that the assessment was uniform upon the same class of property,
and that the City did not make a finding on whether the special assessments
would exceed the special benefits. The Judge's only direction on remand was
to require the City to find that the special benefit to each property is equal
to or less than the special benefit occasioned by the project.
In short, the only thing that the Judge found wrong, was that the City did not
specifically find that the special assessments did not exceed the special
benefits.
Second, it should be noted that while we asked that seven of the appeals be
dismissed because the appellants did not answer our interrogatories, the Judge
did not make a specific finding dismissing these appeals, even though he did
not include them in the list of assessments which were vacated. It may be
that we can obtain the .agreement of Mike Gavin and Ken Ketcham to dismiss
these seven appeals and give the Judge a call to amend the findings on that
basis. If not, it may be worthwhile bringing a motion for amended findings
in order to obtain the dismissal of the seven appellants. Third, the three
options which the Council has for responding are as follows:
62
j Mr. Hedges
September 25, 1981
Page Two
a. Reassess the remaining 87 properties only. Upon reassessing these proper-
ties, the Council should make specific findings, based upon testimony of
the City Engineer and City Public Works Director and other knowledgeable
members of the City staff, based upon an inspection of each of the involved
parcels and the area, as follows:
1. That each parcel received a special benefit;
2. That the assessment is uniform upon the same class of property;
3. That the assessment for each parcel does not exceed the special
benefit, as measured by an increase in market value due to the improvement.
b. The City Council could bring a motion for rehearing or for amendment of
the Order, in effect asking him to reverse himself. We don't think that this
would be successful since the last hearing was, in effect, a motion to rehear
or amend his last decision. We do think, however, that we would be allowed
to bring a motion to amend the findings to dismiss the seven appeals mentioned
above.
c. The City Council could appeal the decision to the Supreme Court.
It is our opinion that the best option is option "a" to reassess the parcels.
It should be noted that a reassessment would not prevent the City Council from
levying the same assessment for each parcel at the reassessment hearing, so
long as the City Council makes a specific finding based upon sufficient evi-
dence that the assessment does not exceed the special benefit. If the Council
does relevy the assessments at the same rate or close to the same rate as
before, it is probable that a number of the present appellants would not appeal
a second time. This would reduce the City's burden in defending itself if
any of these assessments are appealed again. Even if some of the appellants
do appeal again, the City would be in a stronger position if it makes specific
findings as mentioned above, especially if a full hearing allowing cross exami-
nation, etc., is allowed at the reassessment hearing. If the hearing is done
on such a formal basis and the Court accords each appellant the opportunity
to present his own witnesses and cross examine the City's witnesses, then it
is more likely, upon an appeal of the assessments, that the Court would accord
some deference to the decision of the City Council. At the present, no such
deference would be accorded the City's decision. Consequently, if the reassess-
ment hearings are conducted in such a formal manner, the City would be in a
much stronger position upon trial of the appeal.
It is also our feeling that options b and c will not be helpful to the City's
position. As noted, it is unlikely that the Judge will change his decision,
so a motion for amended findings or rehearing would be fruitless. An appeal
would not be helpful either, because the Judge decided only on the procedural
issue, and on that issue the City will very likely lose. It should also be
noted that on appeal of this matter to the Supreme Court, the issue of the
validity of the assessment formula and other substantive issues could not be
raised, since the decision is only on cedural grounds.
Ve truly y u s,
skkPaul H. Hauge and Bradley Smith
63
Randy C. Kelly Minnesota
District 66BHous
e of
Ramsey Countytir +
Committees: y� ,r Representatives
Criminal Justice �
Education -
Higher Education-Ranking Member
Financial Institutions
and Insurance September 30, 1981
The Honorable Bea Blcmguist
Mayor, City of Eagan
Eagan City Hall
P.O. Box 21199
Eagan, Md 55121
Dear Mayor B1cmguist:
I would like to express my appreciation to you for your assistance and support
for our hearing in Eagan September 28. It was obvious from the attendance and
the number of city officials there that you have a ccmmmity which is deeply
involved and cooperative with one another on problems that arise.
The speaking agenda was very well organized and ocmlpact and because of that
things went very smoothly. I am sure that was due in great part to your efforts
and those of Mrs. Swenson.
The drug paraphernalia issue will definitely be before us next session. I look
forward to hearing frean you again when legislation comes before our committee.
f �J Sincerely,
eai
Randy C. Kelly
�, �� Chairman
House Juvenile Justice and Crime Victims
Subocmnittee
RK:ld
eply to: ❑ 251 State Office Building, St. Paul, Minnesota 55155 (612) 296-4277 t
0 1901 Hyacinth, St. Paul, Minnesota 55119 t
October 12, 1981
3240 South Lexington Ave.
Eagan, Minnesota 55121
Mayor's Office
City of Eagan
3795 Pilot Knob Road
Eagan, Minnesota
Dear Mayor:
Enough is enough! Eagan had the potential of remaining a beautiful city
with agriculture and industry combined. Unfortunately, this potential is
rapidly disappearing as a result of an overabundance of apartments, condos,
and Orrin Thompson garbage spreading across the landscape. (How many two-bit
shopping centers are going to be spread around disorganizing Eagan even more?)
It may seem like a feather in your hat to be one of the fastest growing cities
in the area. I can't help believing youregoing to have growing pains more
serious than you realize now, and I don't think they will go away over night.
Multiple dwelling areas breed trouble. The more of these areas the more
trouble (not to say anything of spoiling the looks of the landscape) .
It disturbs me greatly (as well as many others) to see this happening.
Progress and change is one thing. We know nothing ever stays the same. But
long-term spoilage of this area is another. We all know money talks, but you
as our leaders and planners for the future can control how loud and how long
it talks. Keep as much farmland as you can and help them afford it. Phasing
out agriculture is not a smart move.
Keep part of Eagan (not just the park land) original!
Sincerely,
Tim Trost
cc Eagan City Council
Eagan Planning Commission
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LLLLleague of minnesota cities
October 5, 1981
TO: Mayors, Managers and Clerks of Member Cities
FROM: Donald Slater, Executive Director; Peggy Flicker, Legislative Counsel ;
Cathy Quiggle, Research Assistant
RE: General Revenue Sharing
Industrial Revenue Bonds
I. General Revenue Sharing
President Reagan has proposed a 12% cut in the general revenue sharing program,
which will amount to a loss of $550 million in fiscal year 1982. If approved,
this will mean loss of approximately $4 million to Minnesota Cities. It was
also disclosed that further cuts may be requested for fiscal year 1983, leading
to possible phase-out of the program entirely by fiscal year 1984.
These proposals, if carried out, will obviously have a disastrous effect on
cities' budgets. Concerned city officials should contact their senators and
representatives to urge continuation of this program at its present funding
level. It is important to stress the fact that revenue sharing is a three-year
entitlement program, and thus should not be subject to annual funding review
within the three-year period. If funding is to be reduced, the legislation
governing the revenue sharing program must be changed first. Senator David
Durenberger is a member of the Senate Finance Committee which will be involved
in reviewing the general revenue sharing program, should the legislation need
to be amended. Should the funding be reduced without amending the legislation
the support of Representative Martin Olav Sabo, a member of the House Appropria-
tions Committee, will be very important.
Again, it is crucial that city officials contact their two senators and repre-
sentative to oppose any cutback in the general revenue sharing program, em-
phasizing especially the entitlement feature of the program.
II. Industrial Revenue Bonds
Congress has been considering enacting limitations on the use of industrial
revenue bonds for some months. The likelihood of major new restrictions was
increased recently when President Reagan announced that his administration
(OVER)
000 Hanover building, 480 cedar street, saint pawl, minnesota 55101 CS 123 222-28F)
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would be proposing IDB restrictions as a federal revenue-raising measure. It
is not yet clear what limitations the President will endorse - the specifics
are being worked out by the Treasury Department and should be available in
several weeks.
In any case, widely varying rumors concerning IDB's are flying fast and furious.
Some people have said that federal legislation will soon be introduced that
would effectively halt any IDB project unless it had been formally approved by
a city as of October 1, 1981 (or some other imminent date) . This rumor, and ones
like it, have been vigorously discounted by the National League of Cities lobbyist
working with this issue.
According to NLC, all indications from key Treasury officials are that any
restrictions to be imposed will be prospective. The type of "grandfather" and
transition provisions that caused problems in the recent legislation restricting
mortgage revenue bonds will probably be avoided.
Our advice to Minnesota cities now is as follows:
1) No one really knows now what kinds of restrictions will be enacted or when
they will take effect.
2) If your city is considering an IDB proposal , you are best advised to proceed
as you normally would in evaluating and approving an IDB project. Do not
act at the expense of careful decision-making as to whether the project is
an appropriate use for tax-exempt financing in your city. If IDB's aren't
completely eliminated and there is a rash of hastily conceived projects our
position with the State Legislature on this issue will not be improved.
3) If you are concerned about your city's ability to continue to use IDB's,
contact your Congressman, Senators, and the President. Provide specific
information as to worthwhile projects which would not be possible without
IDB's.
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