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AGENDA
EAGAN CITY COUNCIL
REGULAR MEETING
EAGAN, MINNESOTA
CITY HALL
NOVEMBER 17, 1981
6:30 P.M.
I. 6:30 — ROLL CALL & PLEDGE OF ALLEGIANCE
II. 6:33 — ADOPT AGENDA & APPROVAL OF MINUTES
III. 6:34 — MILLER & SCHROEDER REPRESENTATIVE
A. Set Special Assessment Bond Issue Sale for 12-16-81
i,2. B. Equipment Certificate Bids
IV. 6:40 — DEPARTMENT HEAD BUSINESS
e2 A. Fire Department .I- C. Park Department
2 B. Police Department e�� D. Public Works Department
V. 6:55 — CONSENT ITEMS
joh A. On & Off Sale Liquor, Wine & Beer License Annual Renewals
2,5B. MnDOT Cost Participation Agreement #60650, Diffley Road Resigning
tt3 C. Special Use Permit, I-494 Temporary Asphalt Plant (Hardives, Inc.)
VI. 7:00 — PUBLIC HEARINGS
Vacation of Part of Utility Easements in Ridgecliffe Fourth Addition
2A( B. John W. Fitzgerald & Michael C. Gresser for Industrial Revenue
1 Financing in the Amount of $650,000
VII. / OLD BUSINESS
A. Midwestern Association, Orrin Aune, for Preliminary Plat Approval,
Lone Oak Heights, & a Variance to Exceed the Lot Coverage in Part
of the NE4 of the NE4 of Section 9
B. Annual Review of South Delaware Hills Planned Development
g 2� C. Norman Vogelpohl for a Variance from the Parking Setback Requirements
in a NB (Neighborhoold Business District) at 3434 Washington
VIII. NEW BUSINESS
Q3� A' Steven J. Flanagan for Preliminary Plat Approval, Cedar. Cliff
Commercial Addition, Located in the SW4 of the SE4 of Section 30
B. RES Investment& 494 Investment Co. for Preliminary Plat Approval,
Robins Addition, Consisting of Approximately 60 Acres Located in
Part of the NE4 of Section 2
ebI C. Richard Winkler to Amend the Winkler/Jackson Planned Development
to Allow a Service Station in a LB (Limited Business District)
Located in Part of the Ni of the NW4 of Section 31
p 1� D. Two Temporary Advertising Signs for Joseph Miller Construction
E. Billboard/Naegle Outdoor Advertising Sign Co. ; located between
Q. New Cedar Freeway & Nicols Road south of Chicago, St. Paul
R.R. Tracks
Eagan City Council
November 17, 1981
Page Two
IX. ADDITIONAL ITEMS
'g3 A. Receive Bids/Award Contract, Contract 81-1 (Galaxie Avenue)
tS5 B. Receive Bids/Award Purchase, 50KVA Generator
e6� C. Proposed 1982 Budget/Additional Considerations
Q cb6 D. Contract 81-11, Final Payment/Acceptance (1981 Sealcoating)
X. VISITORS TO BE HEARD (For those persons not on the Agenda)
XI. ADJOURNMENT
• 0
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 13, 1981
SUBJECT: AGENDA INFORMATION
After approval of the November 4, 1981 regular City Council minutes
and adoption of the November 17, 1981 City Council agenda, the
following items are in order for consideration:
The City Council has previously given approval to twenty-one (21 )
public improvement projects which have been consolidated into eleven
( 11 ) contracts totaling $2 ,875 ,000. These projects are divided
into five and ten year assessments and a bond sale proposed for
December 16, 1981 is structured accordingly. During recent months ,
interest rates have been climbing for municipal bond issues , and,
therefore, it is likely that the City will be facing an interest
rate of around 11% ( 12% is the maxmum by state statute) . The City
Administrator and Director of Finance have discussed the option
of issuing temporary bonds callable after one and one-half years
until a long term bond issue is sold. An advantage of considering
temporary bonds is the ability to allow the City to watch the market
and sell longer term bonds at a new interest rate , either higher
or lower in the future . However, there are disadvantages to a
temporary bond sale, such as the built in requirement of two bond
sales which does add expenses for individual ratings , fiscal consul-
tant fees and also the additional administrative time on the City
Administrator and Director of Finance . In addition, if the interest
rates should be higher in the future than they are presently, the
City would have the responsibility of assuming additional expenses
created by the higher interest rate due to the inability to reassess
any of the twenty-one (21 ) projects . It is the recommendation
of the City Administrator that the City Council consider issuing
long term bonds for the sale . The City should not consider the
risk of additional interest costs or other expenses for projects
that were petitioned and initiated by private developers . If this
bond issue were a referendum and spread for approximately fifteen
to twenty years , whereby the City of Eagan, all its taxpayers,
could benefit by a potential savings , additional consideration
would be given to a temporary bond issue . The sale is scheduled
for Wednesday, December 16, 1981, which would require a special
City Council meeting at 5:00 p.m. to consider a bid award.
ACTION TO BE CONSIDERED ON THIS MATTER: To authorize Miller &
Schroeder. Municipals , Inc . , to proceed with a bond sale for Wednes-
day, December 16, 19813 at 12:00 noon for a G.O. assessable bond
issue in the amount of $2 ,875,000.
0 0
Agenda Information Memo
November 13, 1981
Page Two
With the cooperation of Ernie Clark, Miller & Schroeder Municipals ,
Inc. , the Director of Finance has solicited bids for the sale of
$200,000 of equipment certificates . Two (2 ) bids were received,
and they, are as follows :
1 . Marquette National Bank, 10.60
2 . First National Bank of St. Paul , 10. 38
The equipment certificates are spread over a period of five (5 )
years and will be used to finance several pieces of equipment that
were purchased during 1981 .
ACTION TO BE CONSIDERED ON THIS MATTER: To approve the low bid
in the amount of 10. 38% from First National Bank of St . Paul .
FIRE-DEPARTMENT
A. Fire Department -- There are no items for consideration for
the Fire Department at this time .
POLICE-DEPARTMENT
B. Police Department -- There are no items for consideration for
the Police Department at this time.
PARK DEPARTMENT
C. Park Department -- Item- #1: Park Land Dedication Acceptance
for Vienna Woods -- At`the—Thursday, November 5 , 1981 regular
meeting of the Advisory Park & Recreation Committee , the Committee
recommended that the City Council accept a park land dedication
within the Vienna Woods Addition for two and one-half ( 22) acres
rather than a cash dedication. The advisory committee is also
recommending that the staff negotiate with Link Properties for
acquisition of the two and one-half (22) acres designated " the
preferred site on the diagram for consideration which would approxi-
mate its location adjacent to MnDOT property. The advisory commit-
tee is also recommending the City Council request from MnDOT that
property identified in the attached diagram found on page
6 - - to the City for park purposes . Also enclosed is a copy of
a memorandum from the Director of Parks & Recreation to the advisory
committee, found on pages through explaining the back-
ground on the Vienna Woods par and consideration.
0
Agenda Information Memo
November 13 , 1981
Page Three
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the
recommendation of the Advisory Parks & Recreation Committee to
accept park land dedication, to proceed with negotiation of the
acquisition and request that MnDOT turn back certain properties
to the City for park purposes .
3
NOVEP^BF.R 1981
MEMO TO: ADVISORY PARKS AND RECREATION COMMITTEE
FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION
RE : PARKS LAND DEDICATION - VIENNA WOODS
Background: At the time of the Mission Hills P.U.D. in 1977-
78, a determination as to type of park dedication requirements
was not resolved. Because of the uncertainties of the 35-E
right-of-way alignment through this P.D. , an exact location
for a park could not be established. Subsequently, an agree-
ment was signed with the City, developer and owner of the
land which placed a cash dedication in an escrow account.
The City was given three years from the date of the agreement
to then determine whether to keep the cash or to locate and
accept 22 acres of parkland. If the City did not take
action to acquire the park land, the cash would revert to the
City. A decision must be made by February 20, 1982 on this
issue as specified within the agreement.
Issues : The Advisory Committee should make a recommendation
to the Council if it wishes to acquire park land or to accept
the cash dedication in lieu of land. If a decision is to
acquire park property, a general site location should be
recommended.
Discussion: Vienna Woods is in park service area 31-E. This
is a rel ively isolated area bounded by Highway 35-E on the
east , Cedar Avenue and Cliff Road. This area is expected to
have approximately 200 dwelling units with a projected popu-
lation of seven hundred. Neighborhood parks are generally
located/developed to serve larger populations than this . Be-
cause the isolation of this neighborhood from a "walking distance"
park, staff is of the opinion that land dedication should be
seriously considered despite the fact that the park acreage
does not meet desirable park size standards.
Members of the development committee reviewed the site recently
and looked at two potential park sites. A preferred site is
being indicated on the attachment for park.
The topography of the entire site slopes gently from south to
north and is generally without trees. The street, known as
Vienna Lane, is to eventually be extended further to the east
and then proceed north into an adjacent land parcel. The
development committee reviewed two potential areas for the
2k acre park site. These are graphically represented on the
attachment as the "preferred site" and "alternate site . "
The preferred location was selected because it is adjacent to
MnDOT property which was acquired for ponding purposes . This
parcel is approximately 5 to 5k acres in size and contains a
small pond of less than 12 acres in size. The pond is shown
Parks Land Decation - Vienna Woods •
November 1981
Page 2
at a 909 elevation with a potential elevation of 917 , as de-
termined by the consulting engineering firm. Elevations have
also been shown at four locations for your reference. It appears
as if this pond will have some type of controlled outlet to
for control of pond elevation.
Staff has reviewed the possibility of utilizing, or incorporat-
ing the MnDOT parcel for parks purposes. It would appear that
this indeed probable, if the City desires to do so. An agree-
ment with MnDOT would be required, with the City to "maintain
the pond and the immediate area" around the pond in order for
the City to obtain the land. MnDOT would retain drainage ease-
ment for storm water run off from 35-E. With the 22 acre
dedication and MnDOT parcel, it' s conceivable that a park of
7k to 8 acres in size could be established. If the City is to
acquire the MnDOT property a resolution would be required by
the City Council requesting MnDOT to allow the City to utilize
it for park purposes . . This should be done at the earliest
opportunity as MnDOT has informed staff that a contract for
fencing of this parcel has been let. A change order to ex-
clude this parcel could be initiated if early contact is made.
The second parcel is slightly higher in elevation than the
first. Like the first parcel, the topography slopes from
south to north but with steep slopes toward 35-E. This
second site is a desirable alternative for the 22 acre
dedication, but it does not have the advantage of being
"expandable" by being able to acquire or to use adjacent
MnDOT property.
Action: To approve or disapprove a recommendation to the
City Council to acquire parks dedication in Vienna Woods ;
and to authorize staff to negotiate park site boundaries
within the Mission Hills P.U. D. Further, a recommendation
to the City Council to proceed with a request to MnDOT for
the acquisition of the adjacent parcel for the park purposes
should be requested.
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Agenda Information Memo
November 13, 1981
Page Four
Item #2: Job Description and Qualification for Advisory Committee
eFrm6ers -- The Advisory Park & Recreation Committee has taken action
to adopt a committee members code and job description qualification
outline which is to be used for future interviews and other recruit-
ment processes when a citizen requests appointment to the the
advisory. committee. These materials can be given to applicants
seeking the positions prior to City Council interviews . Examples
of these materials are found on pages �_ through
ACTION TO BE CONSIDERED ON THIS MATTER: To accept or reject the
job description and qualification information for Advisory Parks
& Recreation Committee member as presented or revised.
A COMMITTEE MEMBER' S CODE
As a committee member, I believe that the primary purposes
of a committee are - to achieve effective and wise guidance of the
department through group thinking and action, to raise the stan-
dards of committee membership and to improve the level of
recreation and park services to the community which supports it.
I realize that mine is a community trust, that I represent
all the people and that I have a duty to the community as well
as to my park and recreation department I pledge myself, there-
fore , to cultivate an "educated heart" so that I may be sensitive
to my obligations and relationships in this trusteeship . I sub-
scribe to the code of an ethical person, remembering that ethics
refers to what a person is morally obliged to do or not to do
in a given situation.
I believe that committee service can be an expression of
democratic citizenship , signifying a willingness to accept
community responsibility and the charge to preserve popular
control of American public services . Respecting the dignity
and worth of the individual, I shall base my relations with
people on their qualities as individuals without distinction
as to race or creed or color or economic or social status . I
believe that a person' s greatest possession, as well as his
greatest contribution to society, may lie in the ways in which
he differs from me, rather than in the ways in which we are
similar. I shall accept these differences and try to build
a useful relationship upon them.
I uphold the principles of my organization, recognizing
and assuming my responsibility as- a committee member to establish
and administer the best possible program and policies for my
park and recreation department. I shall learn its program
and objectives , give to it a fair share of my time and personal
abilities , keep a communitywide perspective knowing that , for
sound community service, my department ' s work must be coordi-
nated with the total community.
I promise to be loyal to my own organization and a good
neighbor to other agencies . My attitude shall be one of co-
operative open-mindedness and objectivity. In carrying out
my assignments , I shall be professional in realizing that it
is not possible to lay down absolute rules for all situations .
I shall be willing to think things through with the other
committee members , weighing alternatives and exercising good
judgement in choosing among them.
I have faith in the fellowship of common endeavor, be-
lieving that unity is accomplished through the resolution of
differences and not in their suppression. I recognize the
value and the necessity of mutual understanding and teamwork
between the committee and the staff in developing a good
department. I realize that the functions of the committee and
the staff are different but that , with common goals in focus ,
and with confidence in and respect .for each other, methods of
joint participation will not be difficult to find.
4
I
I shall try to be a good corr-mittee member : a believer,
a planner, a doer , an interpreter, a prophet , a reformer , a
builder, a friend, a good citizen.
Desiring- to contribute all that I can to the betterment
of my community and its people, I willingly accept this code
for committee members and will be guided by it .
B:
-2-
• . November 1981
ADVISORY PARKS AND RECREATION COMMITTEE
JOB DESCRIPTION/QUALIFICATIONS
Qualifications:
1. Resident of the City of Eagan.
2. Willingness and dedication to commit both time and personal energy
to the committee.
3. An interest in both parks and recreation issues.
4. Desire to provide a broad range of parks and recreation service to
citizens of the community.
S. Interest in and knowledge of the community of Eagan.
6. Interest in recreation and parks fulfilling a vital role in the
quality of life for Eagan residents.
7. Willingly seeks input from neighborhoods, organizations, and
individuals.
8. Ability to maintain an objective approach to park and recreation
issues.
Responsibilities:
1. Attend and participate in regular monthly meetings and special
meetings.
2. Attend and participate in appointed study committee which may be
required to conduct the affairs of the Advisory Committee.
3. To make recommendations concerning parks acquisition and development
to council and staff.
4. To review and make recommendations concerning recreation programming.
S. Annually elect officers of the Advisory Committee.
6. Provide input into park- site planning.
7. Annually reviews the department budget, providing suggestions to
staff.
8. Performs fact finding tasks for City Council.
Reports To:
1. City Council
2. Director of Parks and Recreation
Performance and Evaluation:
1. Self evaluation by committee.
2. Regular attendance and participation.
3. Knowledge and satisfaction that committee is full-filling a vital
role in the community.
Condition of Work:
1. 3 year terms; appointment by council.
2. No compensation; but a great deal of personal satisfaction to be
offered.
Novt-mber 198 •
Page 21
Duties of Chair-person
1. To preside over regularly scheduled and special committee meetings.
2. To call special meeting of the Advisory Committee when required to
conduct the responsibilities of the committee.
3. To act as spokes person for the committee.
4. With the Director of Parks and Recreation; establish a tentitive
agenda for monthly meetings.
S. Assign members to special study committees.
6. Advise and consult with individual members concerning their partici-
_ pation on the committee.
Duties of the Vice-Chair-person
1. In the absence of the chair-person, conduct meeting of the
Advisory Committee.
2. To perform assigned task as might be requested from the chair-person
Duties of the Director of Parks and Recreation
1. To assist in the development of the agenda and preparation of
packet material.
2. To act as a liaison to the City Council for the recommendations made
by the committee.
3. Provide direction and input to the committee concerning parks dedi-
cation and recreational programming.
4. To perform fundamental research in the study of parks and recreation
issues.
S. To attend meetings of the Advisory Committee and study committee.
�1
EAGAN ADVISORY PARKS AND RECREATION COMMITTEE
The Advisory Parks and Recreation Committee is an appointed committee of
the City Council of volunteer citizens. The purpose of the committee is to
advise and make recommendations to the City Council concerning both parks and
recreation issues. In addition the committee provides input to City staff, in
affect, acts as an advisory board on community interests concerning recreation
and parks.
Organization: The committee consist of 10 members who are appointed by the
City Council for 3 year terms.
Chairman, vice-chairman and secretary are elected annually by the committee
members at an "organizational meeting" in January. Study committees are also
organized at this time. Meetings are held monthly, or at the call of the
chair-person.
Members Role: The Advisory Committee's work covers a broad range of issues
which must be acted upon in a timely manner. To accomplish this work regular
attendance and participation by members. Occasionally, the formation of "task"
or "study groups" becomes necessary to look into or work on more complex issues.
Assignment to these groups is voluntary.
Because regular participation is important to the functioning of the committee,
the City Council in January of 1974 passed a motion that three consecutive
absences by a member should then be replaced on the committee. If members
find that commitments prohibit regular attendance or causes a period of
extended absences, they should seriously consider resigning the committee.
Perhaps the most significant responsibility the members have is to keep an
open mind to parks issues. Listening, learning and discussion of issues are
important aspects of committee work. Decision making should be based on in-
formation gathered and what can be seen as working towards the betterment of
the City and parks and recreation system. Maintaining objectivity in the face
of special interest groups is often difficult, but essential to a balanced
approach to parks. . Both long term objectives and short term benefits should
be considered on all issues.
The Advisory Committee acts as a group; disagreement and divergent views are
expected and desirable. However, these views are not to be represented to
outside organizations/committee as being representative of the views of
the Advisory Committee or City. Members need to be certain that they do not
express personal views and interests as that of the City or Parks and
Recreation Department.
Responsibility/Authority: The committee does not have statutory powers, as
do "Park Boards: It is a creation of the City Council with the responsibility
of parks and recreation. The committee reviews residential development for
recommendation of parks dedication; annually reviews the budget, provides
input regarding programming, hears citizens requests and investigates issues
for recommendation. In addition to the general responsibility of parks and
recreation, the committee will perform "special" responsibilities as well.
t2
Page 2
•
As an example, the Advisory Committee provided input and reviewed the City
wide Bicycle Trails Plan, the needs for a Master Parks Plan, and reviewed
plans for park development.
Staff: The City employs a professional administrator for the Parks and
Recreation Department whose responsibility includes the day to day direction
and operation of the department. Directly responsible to the City Administrator
and City Council, the director prepares the operational budget, purchase
major equipment items, oversees the forestry department, and weed control
program, plans parks maintenance and development activities, as well as give
direction to the effective operation of recreational programming, etc.
As the position relates to the Advisory Committee, the director prepares the
committee's agenda and support information concerning agenda items. Items
require committee action, informational items on parks and programs are pre-
sented by the director and communicated to the appropriate parties.
The City Administrator and City Planner are often at meetings of the Advisory
Committee and will comment on council directives, as well as background in-
formation pertaining to City development.
For Your Information:
Park Dedication: The City has enacted an ordinance under Minnesota laws, which '
grants a community the authority to receive land for park purposes from
residential developers. This dedication is set at10. of the land to be
developed. In instances in which suitable land for park purposes is not
available, or the amount of land is not sufficient to support a park, a cash
dedication is taken. The amount of the cash dedication is based on the type
of residential unit. The committee annually reviews the fees for possible
adjustment. The cash collected goes into the "park site acquisition and
development" fund for purchase and/or development of parks throughout the
community.
Comp Plan: Required by the Metropolitan Council the City prepared a
"Comprehensive Guide Plan" for the City. One segment of the plan includes
parks. Neighborhood service areas were defined to help determine what park
needs might be for each portion of the City.
C.I .P. or Capital Improvement Program: The department has prepared a C.I.P.
document which lists each park area and improvement to each park for a five
year period. (This list does not include facilities) The five year program
would cost (if funds were available) in excess of three (3) million dollars.
P.U.D. : A planned unit development is an agreement between a City and developer/
land owner to develop the land included in the agreement according to a specific
criteria; including residential densities, park land, commercial area, with a
proposed time frame for development. P.U.D. 's run for a period of 5 to 15 years.
Master Parks Plan: A Master Parks Plan is a document or intensive study of
the park and recreation system to determine existing deficiencies in land
and type of facilities the City needs to provide its citizens. The study
seeks to focus-in on a specific park needs, prioritize those needs via-vis
the rest of the park system needs, as well as provide direction for the
department.
13
Agenda Information Memo
November 13, 1981
Page Five
Item- #3: Time Line for the Master Parks Plan Study -- The Advisory
arms Recreation Committee has reviewed the time line for the
master parks plan study and is recommending concurrence by the
City Council . A copy of the time line is enclosed on pages
through /tf . . for your review. The Director of Parks & Recre-
'tion and City�mir. .strator. would like the City Council to review
the time line, and if there are any questions , these can be
addressed at the City Council meeting. The Parks & Recreation
Director and City Administrator would like an opportunity to review
in further detail the RFP draft prior to the City proceeding with
a screening process . The Advisory Parks & Recreation Committee
met on Thursday, November 12 , to further review the scope of ser-
vices with the Director of Parks & Recreation.
ACTION TO BE CONSIDERED ON THIS MATTER: To accept or reject the
time line as presented by the Advisory Parks & Recreaton Committee
to proceed with the master parks plan study.
tENUI TO: ADVISORY PARKS AND RECREATION COMMITTEE
FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION
DATE: NOVEMBER 2, 1981
RE: TIME LINE - MASTER PARKS GUIDE PLAN STUDY
In an effort to keep this entire Master Parks Plan task "on track" I've
prepared a sequence of events. Concurrence and cooperation on this by
the Advisory Committee and Council will greatly improve the efficiency
by which the work can be completed. Further, it should reduce potential
communication misunderstanding, allow for strategic check points for re-
direction of effort and for definition of roles and identification of
responsibilities to conduct the study.
1. Preparation of proposed scope of services/RFP by staff.
a. Staff will prepare first draft with alternatives for RFP.
b. Draft to be reviewed by former park consultant for redraft.
(no cost to City)
2. Review of RFP by Advisory Committee/City Council.
a. Possible joint meeting of Council and Committee to review draft
of RFP.
b. Revisions to RFP as may be necessary.
c. Agreement as to priorities and areas of study within RFP with
identification of segments which may be deferred for later
study because of budget considerations.
d. Specific data to be collected identified with assignment to
Advisory Committee and staff. All materials required to be
submitted in final form for review by finalist before inter-
view.
e. Interview selection committee determined. Recommendation:
three to five members.
3. Final revisions to RFP made as result of Advisory Committee and Council
meetings.
4. RFP's to potential firms.
a. Director of Parks and Recreation to have previously identified
six to eight firms to receive RFP.
b. Selected firms background and suitability to do study reviewed
by staff.
C. Director.of Parks and Recreation to meet with perspective firms
to review RFPs, to explain City's needs and expectations with-
in the study.
S. Presentation by selected firms to staff screening committee.
a. Director Parks and Recreation, City Administrator and third
person to interview firms for purposes of screening down to
three firms.
b. Data collected about community submitted to finalist for their
review, revisions to RFP by City and consulting firms.
6. Presentation to selection committee by finalist firms.
a. Staff prepare evaluation criteria for selection committee.
b. Selection committee to rank firms in order of preference.
1
Ti: -.,e - 'las* 7arks Guide Plan -._udY - Memo•
November 2, 1981
Page 2
7. Final content and cost of study negotiated by staff with first selected
firm; contract prepared.
8. Approval of contract by Council, start of Master Plan study.
No specific dates have been identified for the proposed sequence of events.
Dates can be worked out if this sequence and content meets with Committee
and Council approval.
The Advisory Committee should review this proposal for revisions and
recommendations to the City Council.
� 6
Agenda Information Memo
November 13, 1981
Page Six
PUBLIC WORKS DEPARTMENT
D. Public Works Department Item #1 : At the November 4, 1981
City Council meeting, a request from Mr. Lance Lundsten
pertaining to , City maintenance of - Cedar Street from Trail ' s
End Road to the west was considered. The Public Works Director
had no knowledge that this request was to be on that Council agenda
for consideration and subsequently was unable to present sufficient
background information to the Council to help them in their decision.
The Council took action to authorize winter snowplowing maintenance
only for this request . The Public Works Department has serious
concerns about this street being added to our winter snowplowing
maintenance schedule for the following reasons :
1 . Although Cedar Street is dedicated as a 60 foot public
right of way as a part of the Wescott Carden lots , there
is no improved street except for the existing "two wheel
track cartway" that provides access to only Mr. Lundsten' s
private residence .
2 . The present width of this cartway is 9-10 feet . With
our snowplowing trucks requiring a minimum of eight feet
in width.
3. There is an enbankment on the south side of this cartway
and an approximate 1 : 1 dropoff slope on the north side .
4. Because this cartway has a winding alignment , it would
be very difficult for the snowplow driver to determine
where this narrow cartway exists after a snowfall .
Due to the above facts , the Public Works Maintenance Division feels
that this cartway is too narrow to plow with our present maintenance
vehicles without a substantial risk of sliding off the edge, pre-
senting a hazardous situation for both the equipment and the main-
tenance personnel driving it. The Public Works Department is con-
cerned about the impact on the snow removal schedule if this vehicle
17
Agenda Information Memo
November 13 , 1981
Page Seven
should become stuck and unavailable for service during any snow
removal period. The City presently has a policy of not performing
any City maintenance on substandard, unimproved City streets .
The only roads the City is presently performing maintenance on
are those that have been previously platted, provide service to
more than_ one resident , and have been "grandfathered in" from the
Township days . In summary, the Public Works Department recommends
that Cedar Street not be added to our winter snowplowing maintenance
sc:ledule due to the safety problems it presents and its possible
precedence against our existing City policy. The City has had
many requests from several individuals pertaining to similar situ-
ations which the Maintenance Division has been denying for several
of the above referenced reasons . The Public Works Director is
recommending that the City Council review this street prior to
the meeting so that they may be familiar with the type of road
being requested for City maintenance. The Public Works Director
will have some pictures available at the City Council meeting on
November 17 for those who are unable to review the street personally.
wing i Engam
There are three ( 3) items on the agenda referred to as Consent
Items requiring one ( 1 ) motion by the City Council . If there is
any item which the City Council wishes to discuss in further detail ,
that item should be removed from the Consent Item list and placed
under Additional Items unless the discussion required is brief.
This will allow the Mayor to proceed with Public Hearings as legally
noticed at 7 : 00 p.m.
LIQUOR; WINE-&. BEER LICENSE RENEWALS
A. On & Off Sale Liquor, Wine & Beer License Annual Renewals -
There are nine (9 ) on-sale liquor licenses , one ( 1 ) club license,
four (4) wine licenses , four (4) off-sale liquor licenses , twelve
(12 ) on-sale beer licenses and ten ( 10) off-sale 3. 2 beer licenses
in order for annual renewal consideration. Refer to pages
through -?. ?-- - for a list of the licenses to be considered
or annual renewal-.
ACTION TO BE CONSIDERED ON THIS MATTER: To approve the annual
renewal for on and off-sale liquor, wine and beer licenses as
presented.
I `�
i •
1982 ON SALE LIQUOR LICENSES
Name & Address License Number
Cedarvale Bowl Inc 8
3883 Beau d' Rue Dr
Eagan MN 55122
Durnings 3
James Durning
4625 Nichols Road
Eagan MN 55122
Eagandale Club 6
3330 Pilot Knob Road
Eagan MN 55121
LaFonda De Acebo 7
Holly Inns Inc
3665 Sibley Memorial Highway
Eagan MN 55122
Mediterranean Cruise 10
Hussein D Ansari
3945 Sibley Memorial Hwy
Eagan MN 55122
Southfork 2
C & L Restaurant Inc
4185 So Robert Trail
Eagan MN 55123
Starks Halfway House 4
Gary Starks
3125 Dodd Rd
Eagan MN 55123
Valley Lounge 5
Lois Tousignant
3385 Sibley Memorial Highway
Eagan MN 55122
Norman Vogelpohl 9
3434 Washington Drive
Eagan MN 55122
Council Meeting - Date
19
• •
1982 CLUB LICENSE (LIQUOR)
Name & Address License Number
Spur Inc 1
2750 Sibley Memorial Highway
Eagan MN 55121
1982 WINE LICENSES
Name & Address License Number
Amore Pizza & Deli Inc 3
George Saad
1665 Yankee Doodle Rd
Eagan MN 55121
Diamond T Ranch 1
Jerry Thomas
4889 Pilot Knob Road
Eagan MN 55122
Italian Pie Shoppe 2
James Basta
1438 Yankee Doodle Road
Eagan MN 55122
Lee' s BBQ 5
Fred Lee
1989 Silver Bell Road
Eagan MN 55122
1982 OFF SALE LIQUOR LICENSES
Name & Address License Number
Applebaum Companies Inc 1
Cedarvale Liquors
3900 Beau d' Rue Drive
Eagan MN 55122
Kennys Enterprises, Inc 2
Kenneth A Youngberg
1444 Yankee Doodle Rd
Eagan MN 55122
Mark & Pamela McCrea 4
4330 Sequoia Dr
Eagan MN 55122
J E Parranto 3
3804 Sibley Memorial Hwy
Eagan M14 55122
Council Meeting - Date ZO
1982 ON SALE BEER LICENSE
Name & Address License Number
Airliner Motel 8
Pui Man Wong
2788 Hwy 55
Eagan MN 55121
Amore Pizza & Deli 4
George Saad
1665 Yankee Doodle Rd
Eagan MN 55121
Carriage Hills Country Club 9
William Smith
3535 Wescott Hills Dr
Eagan MN 55123
Diamond T Ranch 1
Jerry Thomas
4889 Pilot Knob Road
Eagan MN 55122
Dragon Palace 10
Frederick Ko
1466 Yankee Doodle Road
Eagan MN 55122
Italian Pie Shoppe 15
James Basta
1438 Yankee Doodle Rd
Eagan MN 55122
Lees Bar B-Que 6
Fred Lee
1989 Silver Bell Rd
Eagan MN 55122
Mr D' s Pizza 7
John Kelly
3902 Beau D' Rue Drive
Eagan MN 55122
Parkview Golf Club 3
Raymond Rahn
1310 Cliff Road
Eagan MN 55123
Piccolo' s 11
John & Patricia Miller
4162 Pilot Knob Road
Eagan MN 55122
Pizza Hut 23
3992 Sibley Memorial Highway
Eagan MN 55122
Z�
i i
1982 ON SALE BEER LICENSE CONTINUED
Name & Address License Number
West End Hunting & Fishing Club 2
R R 2-Hwy 3
Rosemount MN 55068
1982 OFF SALE BEER LICENSE
Name & Address License Number
Applebaums Food Market 10
3910 Sibley Memorial Hwy
Eagan MN 55122
Brooks Superette 1
4225 Nicols Rd
Eagan MN 55122
Country Club Market 3
3820 Sibley Memorial Hwy
Eagan PIN 55122
Parkview Golf Club 4
Ray Rahn
1310 Cliff Road
Eagan MN 55123
PDQ Food of MN 9
4160 Pilot Knob Road
Eagan MN 55122
PDQ Food of MN 8
1969 Silver Bell Road
Eagan MN 55122
Q Petroleum 12
4206 Nicols Rd
Eagan MN 55122
Superamerica 5
Hwy 13 & Co Rd 30
Burnsville
Tom Thumb #164 7
3902 Beau d'Rue Dr
Eagan MN 55122
Tom Thumb #166 11
1430 Yankee Doodle Rd
Eagan MN 55122
2Z
Council Meeting -Date
Agenda Information Memo
November 13, 1981
Page Nine
VACATION OF -UTILITY-EASEMENT - RIDGECLIFFE 4TH ADDITION
A. Vacation of Part of Utility Easements in the Ridgecliffe Fourth
Addition -- This easement vacation has been recuested of Orrin
Thompson lTopies to allow a 1.0 encroachment into an existing utility
easement dedicated for the placement of sewer and. water service
lines to service the individual units of the ouadrominium units
being construct-ed in the Ridgeclifre Fourth Addition. This request
is necessitated due to a change in townhouse design from t17at
ori,,,Y'ine.11y anticipateddl.irir_g t'--,.e platting of this property. An
equal and like easement will be dedicatedonthe opposite side
of the existing easement to maintain the integrity of the original
easement width. All advertisements have been placed in the local
papers and staff review indicates no problem with this requested
easement .
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the
utility easement vacation in Ridgecliffe Fourth Addition per
description.
I .R. -FINANCING•--FITZGERALD-&-GRESSER
B. John W. Fitzgerald & Michael C. Gresser for Industrial Revenue
Financing in the Amount of $650,000 -- A public hearing has been
officially noticed in two (2) newspapers to consider an application
for industrial revenue financing as proposed by Mr. Fitzgerald
and Mr. Gresser to purchase and rehabilitate the old Jerry Lewis
theatre building located adjacent to Beau D'Rue Drive and Cedarvale
Drive . The amount of the industrial revenue financing requested
is $650,000. It is estimated that fifty-five (55 ) new jobs will
be created with the expansion. Mr. Gresser and Mr. Fitzgerald
under a general partnership will purchase and rehabilitate the
property as described. For a copy of the application, plans by
the applicant and assurance of off street parking by the granting
of a cross easement , refer to the attached- information provided
by the applicant (no page numbers ) . A copy of a letter from Miller
& Schroeder reviewing the financial statements of the general part-
nership will be available with the Administrative Packet or for
review at the City Council meeting.
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the
industrial revenue financing in the amount of $650,000 for a general
partnership in the name of Michael C. Gresser and John W. Fitzgerald.
24
• •
Agenda Information Memo
November 13 , 1981
Page Eight
MnDOT-COST PARTICIPATION AGREEMENT #60650
B. MnDOT Cost Participation Agreement #60650, Diffley Road
Resigning -- The City has received a formal agreement from MnDOT
pertaining to the cost participation for the changing of MnDOT' s
signs from Wildwood Lane to Diffley Road. This agreement provides
for MnDOT and the City to share equally in the cost of this re-
signing program. The City' s share is estimated at $1 ,863 .
ACTION TO BE CONSIDERED ON THIS MATTER: To approve MnDOT cost
participation agreement #60650 and authorize the Mayor and City
C1erlc to execute said agreement .
SPECIAL-USE -PERMIT -- I-494-TEMPORARY ASPHALT PLANT
C. Special Use Permit, I-494 Temporary Asphalt Plant (Hardrives,
Inc. ) -- On November 4, the Council approved a special use permit
to allow the temporary construction and operation of an asphalt
plant for the bituminous paving of I-494 to be located in the Eagan-
dale Center Industrial Park. One of the conditions *laced or. the
special use permit was the restriction of hours to be 7 :00 a.m.
to 7 :00 p.m. The contractor has indicated that , if these hours
were revised to 6 :00 a.m. to 10 :00 p.m. , they will be able to com-
plete the project much sooner, thereby shortening the length of
time that this plant would be needed. Due to the location of this
temporary asphalt plant being- in the middle of an industrial park
area with no nearby residential area being adversely impacted,
staff would concur with these additional hours as requested by
the contractor.
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the
request to allow the operation of the temporary asphalt plant for
I-194 under the approved special use permit to be from 6 : 00 a.m.
to 10 :00 P.M.
Z3
Agenda Information Memo
November 13 , 1981
Page Ten
PRELIMINARY PLAT - LONE OAK HEIGHTS
A. Midwestern Association, Orrin Aune, for Preliminary Plat
Approval, Lone Oak Heights and a Variance to Exceed the Lot Coverage
in Part , of the NE4 of the NE-14 of Section 9 -- A public hearing
was first held to consider the preliminary plat and variance at
the APC meeting of September 22 , 1981 . The City Council considered
the application at their regular meeting on Tuesday, October 20,
and action was taken to continue the item until the November 17 ,
1981 City Council meeting for the purpose of hiring an appraiser
to determine what the differences in value of property would be
if the City were to rezone the property from an R-4 to R-3 or possi-
bly down-zone to an R-2 or R-1 residential classification. The
appraisal firm of Dahlen and Dwyer, Inc . , of St. Paul have been
retained to perform the study. Due to their scheduled, it will
not be possible to receive the appraisal work prior to the City
Council meeting of November 17 . The appraisal work providing the
information as requested by the City Council will be available
prior to the next City Council meeting to be held on December 1 ,
1981. The City Administrator sent a letter to the President of
the Timberline Homeowners Association explaining the reason for
the continuance and also noticed in a separate letter Mr. Martin
Shields , the owner of the property, and Orrin Aune , the developer,
of the proposed continuance. A copy of the letter sent to the
President of the Timberline Homeowners Association is enclosed
on pages Z, (, through 2 7 for your reference.
ACTION TO BE CONSIDERED ON THIS MATTER: To continue further dis-
cussion and any action on the proposed preliminary plat for Lone
Oak Heights and variance to exceed lot coverage until the December
1, 1981 City Council meeting.
�S_
BEA BLOMQUIST THOMAS HEDGES
MAYOR
CITY ADMINISTRATOR
CITY Or EA�GAN EUGENE VAN OVERBEKE
THOMAS EGAN T F `v CITY CLERK
MARKPARRANTO
JAMES A.SMITH
THEODORE WACHTER - 3795 PILOT KNOB ROAD
COUNCIL MEMBERS _P.O.BOX 21199 '
EAGAN,MINNESOTA
$5122
PHONE<454-8100
November 12 , 1981
FRAN WINKEL _
PRESIDENT '
TIMBERLINE HOME OWNERS ASSN
1575 MCCARTHY RD
EAGAN MN 55121
Re: Proposed-Preliminary-Plat - for-Lone Oak-Heights
Dear Mrs . Winkel :
Please be advised that the research and conclusions to be reached
by an appraiser retained by the City of Eagan will not be available
for discussion at the next regular City Council meeting scheduled
for Tuesday, November 17 , 1981 . At a regular City Council meeting
held on Tuesday, October 20, 1981, the following motion concerning
the preliminary plat and variance request for Lone Oak Heights
Addition was approved by the City Council : "After discussion,
Parranto moved, Egan seconded the motion to continue the considera-
tion of the application until November 17 , 1981, and that the Coun-
cil authorize the hiring of an appraiser to prepare a brief report
as to the probable cost incurred by the City, in the event that
the Council should determine that the portion of the property should
be down-zoned to a lower density from an R-4 to an R-3 , and further,
to determine the additional cost of rezoning to R-1 with some R-
2 buffered areas ; further to allow the staff to continue to study
the project including the density determination; further to deter-
mine whether to include the private street in determining density
of the project . All members voted in favor except Wachter who
voted no. "
The information being compiled by the appraisers will not be availa-
ble until the week of November 23 through 27 ; and, therefore , it
will be necessary to continue this item from the November 17 , 1981
meeting until the first regular City Council meeting in the month
of December, scheduled for December 1 , 1981 . I hope this is not
an inconvenience to any of the residents in the Timberline Addition
who were planning to attend the City Council meeting next week.
This item is scheduled on the November 17 agenda only for the pur-
pose of considering a motion for continuance .
26
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY.
• r
City of Eagan/Fran Winkel
November 12 , 1981
Page Two
I would appreciate any help you can provide the City by passing
this message on to your neighborhood. For your convenience, I
have provided you with twelve copies of this letter.
If you have any questions pertaining to this item or anything else
pertaining to the City of Eagan, please feel free to contact me
at any time.
Sincerely,
��mo-b 4e�
Thomas L. Hedges
City Administrator
TLH/hnd
z �
0
Agenda Information Memo
November 13 , 1981
Page Eleven
ANNUAL-REVIEW-OF-SOUTH-DELAWARE-HILLS -PLANNED-DEVELOPMENT
B. Annual Review of South Delaware Hills Planned Development -
The annual review of the South Delaware Hills Planned Development
was recommended for approval by the Advisory Planning Commission
at their last regular meeting held on Tuesday, October 27 , 1981 .
At the last regular City Council meeting on November 4, 1981, action
was taken to continue further consideration for annual review of
the South Delaware Hills Planned Development until the development
agreement is fully executed by all parties . This planned develop-
ment agreement has not been exercised since the PUD was given
approval . To date, the City Administrator has not received a signed
copy of the development agreement.
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny annual
review of the South Delaware Hills Planned Development .
VARIANCE REQUEST - PARKING LOT SETBACK
C. Norman Vogelpohl for a Variance from the Parking Setback Require-
ments in a NB at 3434 Washington Drive -- On November 4, Mr. Vogel-
pohl presented a request to allow a variance from the required
20 foot setback of his parking lot to public right of way to 11 .4
feet which results in an 8.6 foot variance request . Council con-
tinued this item until November 17 to allow Mr. Vogelpohl to prepare
information pertaining to the time schedule of his parking lot
construction as it coincides with notices from the City addressing
this setback requirement . The construction of this parking lot
took place over a long period of time, approximately April of 1980
to April of 1981.
After the November 4 Council meeting, Mr. Vogelpohl ' s attorney
indicated to the Director of Public Works that Mr. Vogelpohl wants
to proceed with the trespassing suit against the City pertaining
to the installation of sanitary sewer under Project 285 which pro-
vided for the installation of utilities to the Silver Bell/
Wuthering Heights area which was constructed during 1980. It is
the understanding of the Director of Public Works that Mr. Vogel
pohl ' s initiation of this lawsuit will be dependent upon the City' s
response to his variance request . The Public Works Department
was unaware that the utility easement required for the installation
of the sanitary sewer service had not been formally obtained through
the City Attorney' s office. A summary report of the easement acqui-
sition process for Project 285 is enclosed on pages through
3S for City Council consideration of this variance request
on November 17 .
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the
variance request for 3434 Washington Drive .
Z$
•
AL x, HAUGE & ASSOCIATES. P.A.
ATTORNEYS AT LAW
3908 SIBLEY MEMORIAL HIGHWAY
EAGAN (ST. PAUL), MINNESOTA 85122
PAUL H. HAUGE AREA CODE 612
BRADLEY SMITH TELEPHONE 454.4224
KEVIN W. EIDE
DAVID G. KELLER November 13, 1981
Mr. Thomas Colbert
Eagan Public Works Director
3795 Pilot Knob Road
Eagan, MN 55122
Re: Project 4285 -- Norman and Patricia Vogelpohl
Dear Tom:
You have requested me to update you as to the status of the easement requested
of Mr. and Mrs. Norman Vogelpohl for the connection of the Silver Bell area
utility project to an existing water and sewer service located on Mr. and Mrs.
Vogelpohl's property. You will recall that this construction was performed at
the rear of their property with little inconvenience or damage to the vegeta-
tion as well as any improvements.
As was done with the other easements sought for this project, we commenced
seeking an easement from Mr. and Mrs. Vogelpohl in the late summer or early
fall of 1980. During this time I had many discussions with Mr. and Mrs.
Vogelpohl, primarily about the utilities and street assessments which they
had already incurred on their property and whether they wished this project
to extend utility service to other lots which they own easterly of the existing
service.
On October 7, 1980, Mr. Richard Chrysler contacted our office indicating
that he was now representing Mr, and Mrs. Vogelpohl regarding the utility
easement acquisition.
It was during these many discussions that it was determined that Mr. and Mrs.
Vogelpohl wished us to delay any extension of the utilities at the rear of
their property and wished that we only connect the new project to the existing
service. It was agreed by the City staff and the Vogelpohls that this would
not result in any additional assessments as a portion of their property had
previously been assessed.
Following the agreements regarding the assessment of Mr. and Mrs. Vogelpohl's
property, Mrs. Vogelpohl executed the easements requested of them. I then
had additional discussions with Mr. Norman Vogelpohl regarding the execution
�9
Mr. Colbert
November 13, 1981
Page Two
of these easements and he continued to be unwilling to execute this document.
He did, however, authorize the City of Eagan to proceed with construction.
Based on his authorization, I drafted, in November of 1980, a right of entry
for the City to perform the construction of the project. Mr. Vogelpohl again
refused to execute the agreement, however, he still gave authorization to the
City to commence construction. I believe that it was about this time that Mr.
Vogelpohl began having a difference of opinion with the City staff regarding
several construction specifications on his new restaurant. I believe that you
had a significant amount of written correspondence with Mr. Vogelpohl about
this time and your records would indicate the dates of this correspondence.
On January 13, 1981, I wrote to Mr. Richard Chrysler, again conveying the
easements to him and asking that the City reach an agreement both as to the
utility easements and as to the restaurant facility. Both you and I then
met with Mrs. Vogelpohl on several occasions in hopes to remedy the restaurant
situation, however, Mr. Vogelpohl refused to compromise on those issues.
I have since that time refrained from pursuing the easements from Mr. Vogelpohl
any further as I understand that the issues with regard to the restaurant still
exist and any further negotiation would be fruitless at this time.
I am enclosing copies of my correspondence with Mr. and Mrs. Vogelpohl and with
Mr. Chrysler, a copy of the unsigned right of entry agreement, and a copy of
the utility easement signed by Mrs. Vogelpohl.
I hope this is of assistance to you in determining what direction the City
should follow.
Sincerely,
5evin W. Eide
skk
enclosures
30
1 9,./,
(612) 227-6661
October 7 , 1980
Mr. Paul H. Hauge
Attorney at Law
3908 Sibley Memorial Highway
Eagan, Minnesota 55122
RE : Easement on
Lot 2, Block 1, Silver Bell Addition,
Dakota County, Minnesota
Dear Mr. Hauge:
I have been retained by the Vogelpohls to represent them concern-
ing your request for a utility line easement. Please contact me
at an early date in order that we may discuss the terms of grant-
ing this easement.
Very u yours ,
•
is and J. rysler
RJC/jh
cc: r. and M s. Norman Vogelpohl
3L
PAUL H. AAUG3E & ASSOCIATES, P. A.
ATTORNEYS AT LAW
3906 SIBLEY MEMORIAL HIGHWAY
EAGAN (ST. PAUL). MINNESOTA 55122
PAUL H. HAUGE
BRADLEY SMITH ARG CODE 612
KEVIN W. EIDE October 21, 1980 TELEPHONE 454.4224
Mr. and Mrs. Norman Vogelpohl
2016 40th Avenue South
Minneapolis, MN 55046
Re: Silver Bell Road Assessment
Dear Mr. and Mrs. Vogelpohl:
Upon your request I have discussed the proposed assessment of your property
for the Silver Bell Road street improvements with the City staff and con-
sulting engineer. The figures presented below are based on the preliminary
report for the project prepared by the Eagan Engineer's office and are there-
fore subject to change. However, because they are computed based on the
"residential equivalent" for the project (you are paying only for a resideztia1
street and not a collector street and therefore not the total cost of the
project) and the actual assessment levied for old Silver Bell Road, the figures
should change very little, if at all.
The previous assessment levied against Lot 1, Block 1, Silver Bell Addition
and also the portion of your property along old Silver Bell Road, was computed
as follows:
Grading and subsurfacing - 1,150 front feet x $7.49 per front foot = $8,613.50
Permanent street surfacing -- 1,150 front feet x $8.15 per front foot =
$9,372.50.
If you were to be assessed for the entire construction of the new road and the
widening of the existing road where it is still to be used, I have estimated the
total assessment to be $52,360. This is computed by estimating the frontage
along the newly constructed roadway to be 2800 feet and the frontage along the
existing roadway to be 140 feet and further based upon the estimated assessments
for the full road of $18.70 per front foot and $16.80 per front foot for widen-
ing.
The City has actually proposed to assess you in the following manner:
Construction of the new alignment of Silver Bell Road --
2,800 front feet at $2. 90 per front foot = $8,120
Widening of existing Silver Bell Road - 140 front feet x 516.80 per
front foot = $2,352
Upon this basis the total assessment for the newly constructed Silver
Bell Road against Silver Bell Addition and the unplatted
parcels would be $10,472.
3�.
•
Mr. and Mrs. Vogelpohl
October 21, 1980
Page Two
From these calculations I think it is clear that you are receiving credit
for more than the existing assessments against your property. In addition
to this fact, when old Silver Bell Road is vacated you will be receiving
a portion of this right-of-way and you have already received payment for the
new right-of-way. I hope you agree that you are being assessed fairly.
By copy of this letter I am requesting that Mr. Bob Rosene and Mr. Tom Colbert
review the method of assessment which I have explained.
Very truly yours,
PAUL H. HAUGE & ASSOCIATES, P.A.
Kevin W. Eide
skk
cc: Bob Rosene
Tom Colbert
33
PAIIL H. HAIIGE & Assoc ATEs, P.A.
ATTORNEYS AT LAW
3505 SIBLEY MEMORIAL HIGHWAY
KAGAN IST. PAUL). MINNESOTA 55122
PAUL H. HAUGE ARU Coot 512
BRADLEY SMITH TtLt►Mout 454.4224 f
KEVIN W. BIDE January 13, 1981 s
DAVID O. KELLER
Mr. Richard Chrysler
2300 American Bank Building
St. Paul, MN 55101
Re: Mr. Norman Vogelpohl
Dear Mr. Chrysler:
Subsequent to our recent telephone conversation, I thought it might be
appropriate to forward to you two copies of the easement requested from
Mr. and Mrs. Vogelpohl regarding the Silver Bell utility services. I have
also enclosed a copy of the right of entry Agreement which Mr. Vogelpohl said
-was not necessary for us to commence construction. Finally, I have enclosed
a drawing which indicates the extension of the utility line serving the
Vogelpohl apartments which indicates the limited amount of work which was [
performed on their property. This area was brush or natural vegetation and E
no large trees were disturbed. I would appreciate your cooperation in having
these easements executed by Mr. Vogelpohl.
f
During our conversation I also indicated that, if you would send me a brief
statement regarding Mr. Vogelpohl's concerns in the City's previous acquisition
of an easement along Silver Bell Road or Highway #13, I will investigate the
City's records concerning the negotiation for, and the use of, this easement.
It is my hope that the City and Mr. Vogelpohl will be able to work out a
mutual understanding regarding the restaurant being constructed by Mr.
Y
Vogelpohl.
Sincerely,
t
Kevin W. Eide
t
1
1
skk
5
1
enclosures t
1
a
4
1
J
31
t
RIGHT OF ENTRY
CITY OF EAGAN
IMPROVEMENT PROJECT NO. 285
THIS AGREEMENT, dated this day of November, 1980, by and between the CITY
OF EAGAN, called Eagan, and NORMAN E. VOGELPOHL and PATRICIA L. VOCELPOHL, called
Owner;
WHEREAS, the City of Eagan has undertaken to install certain improvements over
land owned by Owner described as follows: SEE ATTACHED EXHIBIT "A" and ATTACHED
EXHIBIT "B". The nature of the improvements is as follows: installation of sanitary
sewer and water lines. In order to install such improvements, easements are required
from the property owners through which the interceptor shall pass; and
WHEREAS, in consideration of certain items, the Owner desires to grant an ease-
ment to Eagan upon completion of the installation of the improvements;
NOW, THEREFORE, for and in consideration of the mutual covenants herein con-
tained, the parties agree as follows:
1. The Owner agrees to grant Eagan and its contractor consent to enter upon the
above described lands owned by Owner for the purpose of installing the improvements
specified above.
2. That upon completion of the construction and within 30 days thereafter, the
Owner shall execute and deliver a permanent easement pursuant to EXHIBIT "C", a copy
of which is attached across the said lands upon fulfilling certain conditions here-
inafter agreed upon.
3. Eagan agrees to restore the area'to as near an equal condition as existed
prior to the commencement of construction.
4. That upon completion of these conditions, the Owner agrees to waive any
further claim for consideration due to the grant of the easement and the installa-
tion of the improvements by Eagan over Owner's land.
WITNESS our hands and seals on the date hereinabove written.
ATTEST: CITY COUNCIL - CITY OF EAGAN
By
Its Clerk Its Mayor
Norman E. Vogelpohl, Owner
Patricia L. Vogelpohl, Owner
3s
EXHIBIT "A"
A perpetual easement for public utility purposes over, under and across the following
described tract of land:
Lot 2, Block 1, Silver Bell Addition, Dakota County, Minnesota.
Said perpetual easement lying adjacent to and 25 feet Southeasterly of a line des-
cribed as beginning at the most Northerly corner of said Lot 2; thence Southwesterly
along the Northwesterly line thereof 66.20 feet and there terminating. The side line
of said easement is to be lengthened to terminate on the Westerly line of said Lot 2.
Together with a temporary construction easement over, under and across the first above
described tract of land as follows:
1) The Northeasterly 50 feet of the Northwesterly 130 feet thereof.
2) The Northwesterly 75 feet thereof.
Said temporary construction easement to expire December 31, 1981.
THIS INSTRUMENT DRAFTED BY:
Paul H. Hauge & Associates, P.A.
3908 Sibley Memorial Highway
Eagan, MN 55122
(612) 454-4224 EXEMPT FROM STATE DEED TAX
36
EXHIBIT
A perpetual easement for public utility purposes over, under and across the following
described tracts of land:
Outlot 1, Block 1, Silver Bell Addition, Dakota County, Minnesota. Said perpet-
ual easement lying adjacent to and 30 feet Southeasterly of a line described as be-
ginning at the most Westerly, corner of said Outlot 1; thence Northeasterly along the
Northwesterly line of said Silver Bell Addition 180 feet and there terminating.
Together with a temporary construction easement over, under and across the first
above described tract of land. Said temporary construction easement lying adjacent
to and 50 feet Southeasterly of the above described perpetual easement.
Said temporary construction easement to expire December 31, 1981.
THIS INSTRLTMENT DRAFTED BY:
Paul H. Hauge & Associates, P.A.
3908 Sibley Memorial Highway
Eagan, MN 55122
(612) 454-4224 EXEMPT FROM STATE DEED TAX
37
Exhibit C
UTILITY LINE EASEMENT
THIS INSTRUMENT, made this day of , 1980, by and
between NORMAN E. VOCELPOHL and PATRICIA L. VOCELPOHL, husband & wife ,
#s Grantor(s), and the City of Regan, Dakota County, Minnesota, as Grantee;
WITNESSETH, that the said Grantor(s), in consideration of One Dollar
and other goad and valuable consideration, to chem in hard paid by the said
Grantee the receipt whereof is hereby acknowledged, do hereby Grant, Bargain,
Convey and Warrant to said Grantee, its successors and assigns. the utility
easements situate in Dakota County, Minnesota, as follows:
SEE EXHIBIT "A" ATTACHED
Temporary easements included herein shall expire no later than
December 31, 1981
The said Grantee shall have the right to do whatever may be necessary
for the enjoyment of the rights herein granted, including the right of clearing
said right of way and of ingress and egress to and from said tract of land
over and across said easement only for the purpose of laying. maintaining.
operating, and repairing said utiliVy lines.
By the acceptance of these easements, the Grantee agrees that it shall
replace any shrubs or sod removed by it in the exercise of its rights hereunder
to as near the condition which existed immediately before such rights were
exercised as is reasonably possible.
The State Dned Tax due hereunder is $ NONE.
IN TESTIMONY WHEREOF. the said Grantor(s) have caused chess presents
to be duly executed as of the day and year first above written.
In Present of;
Al"i--lL.
vogeVogelPohl
STA-,E OF MINNESOTA)
COUNTY OF DAKOTA )
On this day of 1980 , before me a Notary Public within
and for said County personally appeared NORMAN F. VOCFLPOHT, and PATRICIA L.
VOCELPOHL, husband & wife, to me known to be the persons described in, and
who executed the foregoing instrument, and acknowledged that they executed
the same as their free act and dead.
This Instrument Drafted By:
Paul H. Hauge. Attorney at Law Notary Public
3908 Sibley Memorial Highway County, Minnesota
Eagan, W.nnesota 55122 My Commission Exptrest
#(612)454-4224 3
Agenda Information Memo
November 13, 1981
Page Twelve
PRELIMINARY-PLAT---CEDAR-CLIFF-COMMERCIAL.ADDITION
A. Steven J. Flanagan for Preliminary Plat Approval , Cedar Cliff
Commercial Addition -- A public hearing was held by the APC to
consider an application submitted by the developer, Mr. Steve Flana-
gan for the preliminary plat of "Cedar Cliff Commercial Addition"
consisting of 15. 8 acres and containing sixteen commercial lots
in the Cedar Cliff Planned Development . There was considerable
discussion regarding this preliminary plat as well as alternate
designs review by the APC. The APC is recommending approval of
the preliminary plat to the City Council . For additional informa-
tion on this item, please refer to the City Planner' s report , a
copy of which is enclosed on pagesL� . through '' - . For action
that was taken by the APC, refer to a copy of o e minutes , a
copy of which is enclosed on page - S 47&.
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the
recommendation of the APC to approve the preliminary plat entitled
Cedar Cliff Commercial Addition.
39
CITY OF EAGAN
SUBJECT: PRELIMINARY PLAT - CEDAR CLIFF COMMERCIAL ADDITION
APPLICANT: STEVEN FIANAGAN
LOCATION: OUTLOTS G & H, CEDAR CLIFF PLANNED DEVELOPPRII. T
EXISTING ZONING: OFFICE COMM RCTAL UNDER A PLANNED DEVELOPMENT
DATE OF PUBLIC HEARING: OCTOBER 27, 1981
DATE OF REPORT: OCTOBER 21, 1981 (UPDATED)
REPORTED BY: DALE C. RUNKLE, CITY PLANNER
APPLICATION SUBMITTED
An application has been submitted requesting a preliminary plat, Cedar Cliff
Commercial Addition, which consists of approximately 15.8 acres and contains
16 ccn imercial lots.
ZONING AND LAND USE
Presently, the parcel is zoned commercial under the Cedar Cliff Planned Devel-
opment. The Planned Development contract specifically states that the entire
area shall develop solely as an office ax mlex facility unless othen7ise ap-
proved by the Eagan City Council. As you recall, the original recruest made by
Mr. Flanagan was to revise the zoning to allow retail commercial and a prelimi-
nary plat. The Advisory Planning Commission denied the rect_uest for the rezon-
ing which was upheld by the Eagan City Council. Therefore, the 15.8 acres can
only develop as an office complex.
CMIENTS
I
As you may recall, on August 25, 1981, the Advisory Planning Commission held a
public hearing to consider a revision to the Cedar Cliff Planned Development
and a preliminary plat, Cedar Cliff Commercial Addition. The Advisory Planning
Commission recommended to deny the rezoning to allow retail use within this area.
The preliminary plat was recommended for approval to the City Council. The
City Council denied the application to rezone the property to retail commercial `
and requested that the Planning CcMission again review the preliminary plat re-
garding access and circulation of the commzercial district.
Since the time the Fagan City Council recruested additional review of the prelim-
inary plat, staff has been in contact with Dakota County regarding additional
access points to this addition. It is staff's understandincl that when the or-
iginal plat for the Cedar Cliff 1st Addition was filed with the Countv, there
was a restricted access easement over the entire area west of Scott Trail to
Nicols Road. There was also a restrictive access easement from Cliff Rd un to the
norhterly 60' of Outlot G. In reviewing this restricted access easement with the
40
CITY OF EMAN
PRELIMINARY PLAT - CEDAR CLIFF COMMERCIAL ADDITION
OCTOBEP. 27, 1981
PAGE TWO
County, the County has indicated that this easement has already been granted
to the County and to have this restricted access removed, the City would have
to demonstrate the need for any additional access points. A copy of the letter
from the Dakota County Plat Ccmmission has been included for your review.
The Council also indicated that the plat,as designed, would have all the build-
ings backing onto Cliff Road and Nicols Road, and that either a service road
or another means of access should be looked at in the overall design. Another
factor which was brought out at the public hearing at the Advisory Planning
Cammission meeting and City Council Meeting was the concern from the neighbors
regarding traffic going through the Cedar Cliff neighborhood shortcutting the
stop light at Cliff Road and Nicols Road. Since the time the plat had been
reviewed by the Advisory Planning Commission and City Council, new Cedar Ave-
nue has opened. Since the opening of new Cedar Avenue, staff has requested
that the police monitor the through-traffic on Scott Trail in regard to the
neighborhood concerns. Since the opening, staff has had a report that on tin
different days after Cedar Avenue had opened, that there is veru little can-
muter traffic turning onto Scott Trail going through the Cedar Cliff Addi-
tion to Nicols Road vs. going out to the new Cedar Avenue.
In reviewing the overall layout and design, staff originally_ worked with the
Cedar Cliff lst Addition of how access would be provided to Outlots G and H
of the Cedar Cliff Addition. The original plat shows one access off of Cliff
Road which is Scott Trail, and the second access being the northerly 60' of
Outlot G which abuts Nicols Road. This northerly 60' ties in exactly to the
southerly access of Mari Acres, or Erin Drive directly west. It had always
been the original intent that a looped street, or a connecting street, from
the northerly access on Nicols Road would tie in to Scott Trail for the over-
all circulation plan for the commercial development, which in turn has been
related to the preliminary plat which T'ir. Flanagan had originally submitted.
In reviewing alternatives to the design, staff has looked at the possibility
of providing direct access to approximately 4 lots off of Nicols Road and pro-
viding a secondary access to Cliff Road. Staff_ has also looked at the possi-
bility of providing a frontage road so no lots would be backing onto Cliff
Road or Nicols Road. In reviewing the alternatives, it appears the most feasi-
ble way to develop the property is that the original design an to pro-
vide the best access to the individual lots and provides for good access to
the overall cam ercial area from either Nicols Road or Cliff Road.
6
In reviewing the overall plan of the Cedar Cliff Addition, you can see how
Scott Trail curves through the development in order to not provide direct ac-
cess between Cliff Road and Nicols Road.
The cory ercial Addition, as stated earlier, contains approximately 15.8 acres,
or approximately 1 acre +/- per lot,which appears to be a reasonable size lot
for an office camplex. The lot lines between preliminary plat and final plat
could shift slightly_ in order to meet the setbacks for individual buildings
prior to submitting the final plat. Once the final plat has been recorded,
the applicant will have to replat or go through the waiver process in order to
change any of the designated lot lines.
�}1
CITY OF EAGAN
PRELIMINARY PLAT - CEDAR CLIFF MT ERCIAL ADDITION
OCTOBER 27, 1981
PAGE THREE
At the present time, it is staff's understanding that Mr. Flanagan does not
have any clients lined up to develop any portion of the overall develorxnent.
Therefore, he is just preparing the lots in approximately 1-acre sizes which
would adequately accommodate buildings and selling the individual 16 lots for
strictly office use.
Staff has ,enclosed two exhibits of alternate ways the site could be developed.
However, the original application which has been submitted seems to be the
most feasible and best designed for an overall development plan. If approved,
the plat should be subject to the following conditions:
1. A detailed landscape plan shall be approved by the City for Lots 1-5,
Block 1 and Lot 1, Block 3, because this area will abut the residents
in Cedar Cliff Addition. This landscaping is the main buffering area
between the office and the residential lots. An adequate landscape
bond shall also be provided and not released until one year after the
landscaping has been completed.
2. A landscape plan shall accommodate all of the other lots as develop-
ment occurs. An adequate landscape bond shall also be required for
each lot and not released until one year after the landscaping has
been completed.
3. The plat should be subject to Dakota Countv Plat Commission's review
and comments.
4. There shall be no other access allowed other than Scott Trail and the
access proposed on Nicols Road.
5. There shall also be a restrictive access on the southerly 80' of Lot
7, Block 2 and Lot 4, Block 3 in order to provide adeauate stacking
distance onto Cliff Road. There shall also be a restrictive access
on Lot 1, Block 2 in order to provide stacking distance onto Nicols
Road. I
6. All buildings shall recxuire the same architectural and building ma-
terial on all sides of the building when proposed in order that the
building will not have an unattractive side.
7. All trash receptacles shall be incorporated in the side of the build-
ing or attached to the building and maintained with the same archi-
tectural characteristics of the building.
DCR/jach
42
CITY OF EAGAN
CEDAR CLIFF COMMERCIAL ADDITION
AUGUST 25, 1981
PAGE THREE
ENGINEERING RECOMMENDATIONS
1. ALL STORM WATER SURFACE DRAINAGE MUST BE CONTAINED WITHIN THE PERIMETER
OF THIS PROPOSED PLAT AND DIRECTED BY WAY OF GRAVITY STORM SEWER TO THE
MARI ACRE POND (AP-9).
2. A 36', 9-TON STREET WILL BE CONSTRUCTED WITHIN ERIN DRIVE.
3. A 5' CONCRETE SIDEWALK SHALL BE CONSTRUCTED ALONG THE SOUTH SIDE OF
ERIN LANE AND THE WEST SIDE OF SCOTT TRAIL WITHIN THIS PLAT.
TACNAC
I
q3
TO: ADVISORY PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY PLANNER
FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: AUGUST 20, 1981
RE: PRELIMINARY PLAT - .CEDAR CLIFF COMMERCIAL ADDITION (STEPHEN FLANAGAN)
THE PUBLIC WORKS DEPARTMENT HAS THE FOLLOWING COMMENTS TO OFFER FOR CON-
SIDERATION OF THE ABOVE-REFERENCED PLAT:
UTILITIES
SANITARY SEWER AND WATERMAIN OF SUFFICIENT CAPACITY AND ELEVATION IS
AVAILABLE ALONG THE NORTH SIDE OF CLIFF ROAD ADJACENT TO THIS PROPOSED
PLAT.
GRADING AND DRAINAGE
BLOCK 1 AND 2 OF THE PROPOSED PLAT WILL DIRECT ALL SURFACE DRAINAGE TO
A LOW POINT LOCATED IN THE MIDDLE OF THIS PARCEL. BECAUSE THE EXISTING
TRUNK STORM SEWER LOCATED ALONG CLIFF ROAD IS NOT DEEP ENOUGH TO ACCOMMO-
DATE THIS PROPOSED LOW POINT ELEVATION, THIS PROPERTY WILL REQUIRE THE
INSTALLATION OF APPROXIMATELY 1,400 FEET OF STORM SEWER WHICH WILL PRO-
VIDE A DIRECT OUTLET INTO THE MARI ACRE POND (AP-9) LOCATED ON THE WEST
SIDE OF NICOLS ROAD NORTH OF ERIN DRIVE. THE PROPOSED DRAINAGE FOR BLOCK
3 DIRECTS ALL SURFACE WATER TO THE EAST LINE OF THIS PROPOSED PLAT INTO
THE EXISTING LOW DRAINAGE BASIN. THERE IS PRESENTLY NO FEASIBLE WAY TO
PROVIDE POSITIVE GRAVITY STORM SEWER OUTLET FOR THIS LOW DRAINAGE BASIN
WITHOUT A SIGNIFICANT EXTENSION OF THE TRUNK STORM SEWER SYSTEM FROM THE
EAST. SUBSEQUENTLY, BLOCK 3 WILL HAVE TO BE DEVELOPED DIRECTING ALL
SURFACE DRAINAGE ONTO SCOTT TRAIL AND INTO THE REQUIRED STORM SEWER SYS-
TEM MENTIONED PREVIOUSLY. THIS WILL NECESSITATE APPROXIMATELY 13-16 FEET
OF FILL WITHIN BLOCK 3.
STREETS
THE PROPOSED CONFIGURATION OF THE INTERNAL STREET TO SERVICE THIS PRO-
POSED PLAT FOLLOWS THE ORIGINAL DESIGN CONCEPT WHEN THE CEDAR CLIFF PUD
CONCEPT WAS SUBMITTED FOR APPROVAL. THE SETBACKS FROM NICOLS ROAD AND
CLIFF ROAD ARE ADEQUATE. THIS INTERNAL ROAD SHOULD BE NAMED ERIN DRIVE
TO PROVIDE THE CONTINUITY OF THE 4-WAY INTERSECTION WITH NICOLS ROAD.
A CONDITION SHOULD BE PLACED ON LOT 4 OF BLOCK 3 REQUIRING THAT DRIVEWAY
ACCESS TO SCOTT TRAIL BE CONFINED TO THE NORTHERLY 35' TO PROVIDE THE
PROPER SETBACK FROM THE MAJOR INTERSECTION WITH CLIFF ROAD. ALL OTHER
LOTS SHOULD HAVE RESTRICTED ACCESS TO THE NICOLS ROAD AND CLIFF ROAD
THEREBY REQUIRING ALL ACCESS TO BE TAKEN FROM SCOTT TRAIL AND/OR ERIN
DRIVE. BECAUSE THIS IS AN INTERNAL MINOR COLLECTOR FOR A COMMERCIAL
DEVELOPMENT, IT IS RECOMMENDED THAT A 36' WIDE STREET WITHIN THE 60'
RIGHT-OF-WAY BE REQUIRED.
I WILL BE AVAILABLE TO DISCUSS IN FURTHER DETAIL ANY ASPECT OF THIS RE-
PORT WITH THE PLANNING COMMISSION AT THEIR MEETING ON AUGUST 25, 1981 .
RESPECTFULLY SUBMITTED,
THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS
44
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1.V CARSON
ryDT� CTSURVEYOR
DAKOWIA COUNTY
�1, TELEF'II ON E
• DAKOTA COUNTY GOVERNMENT CENTER 612.437.0250
1560 HWY. 55 HASTINGS. MINNESOTA 55073 f`���'�
September 22 , 1981
City of Eagan
3795 Pilot Knob Road
Eagan, MN 55122
Attn : Planning Department
Dear Sirs :
The Dakota County Plat Commission met on September 22 , 1981, to
consider the proposed plat of CEDAR CLIFF COMMERCIAL ADDITION .
Said plat is adjacent to County Road n23 and County Road 402
and is therefore subject to the Dakota County Contiguous Plat
Ordinance.
This plat appears to satisfy the provisions of the ordinance
with one exception. Adjacent to the right-of-way lines on
both County Road 32 and 23 shall be a restricted access ease-
ment dedicated to the County of Dakota on the final plat.
Upon satisfaction of this item, the plat commission will
recommend approval to the Dakota County Board of Commissioners
when submitted for recordation.
?Sincere yours,nd H. Larson
Dakota County Surveyor
BIIL/ej
6
c: C. R. Winden & Associates
COMMISSIONERS- 49
IST DISTRICT 2NO DISTRICT 3RD DISTRICT 4TH DISTRICT STH DISTRICT
JCSEPH A. HARRIS GERALD E. HOLLENKAMP JOHN S. VOSS GENE ATKINS RUSSE'-L STREEFLAND
HASTINGS SOUTH ST. PAUL BURNSVILLE INVER GROVE HEIGHTS BURNSVILL�
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APC Minutes
October 27, 1981
CEDAR CLIFF COMMERCIAL ADDITION
The application of Steven Flanagan for preliminary plat approval of Cedar
Cliff Commercial Addition was next heard by the Planning Commission. The 15.8
acre parcel would contain 16 commercial lots for office buildings only. Mr.
Flanagan was present as were a large number of affected residents from the
area. An application had been heard before the Planning Commission on August
25, 1981 to consider revision to the Cedar Cliff Planned Development to pro-
vide for some retail-commercial use in a portion of the development. The
Council denied the application to rezoning for commercial use. There was
discussion concerning access and several alternate schemes for the development
were submitted for review by the Planning Commission. The staff recommended
the original proposed preliminary plat and also the recommendations made by
the Planning Commission concerning the layout of the plat and the development.
Steve Darling, a neighboring resident, stated the most important objection is
the connecting of the access to Scott Trail from the office area and it was
suggested by certain residents that Erin Drive be cul de saced to prevent
additional excessive driving through the residential area in the Cedar Cliff
Addition. It was noted the maximum cul de sac allowed without variance, is
500 feet under the City ordinance. Estimates were made of the number of
persons who would use the professional buildings if the land was used to the
ultimate with approximately 10,000 square foot buildings on each lot. There
were concerns about the trash containers, that berming should be well designed
and that the exterior lighting not affect the neighboring residents. Harrison
moved to refer the application to the City Council with no further recommenda-
tions from the Advisory Planning Commission. Krob seconded the motion. All
voted in favor.
LAWRENCE MILLER - CONDITIONAL USE PERMIT - A & W RESTAURANT
The public hearing regarding the- application of Lawrence Miller and Gary
Lowe for conditional use permit to allow more than three amusement devices in
a general business district located at 3998 Sibley Memorial Highway at the A &
W restaurant was next convened. Mr. Miller and Mr. Lowe were present and
stated that the reason for the application is that the restaurant has lost 40%
of its business due to the revision of access in the Cedarvale Shopping area.
The proposal is for a familiy restaurant with adult supervision, no smoking in
the amusement area and further, that it was intended that there be more than
15 amusement devices. There were questions concerning the curfew time and the
applicants indicated they would conform with the City ordinances in that
respect except to permit the restaurant to remain open until 12:00 p.m. on
Friday and Saturday evenings. After discussion, Hall moved, Wilkins seconded
the motion to recommend approval of the application, subject to all applic-
able ordinances except that the establishment would be allowed to stay open
until 12:00 p.m. on Friday and Saturday nights, further, that the Council
grant approval for a period of 5 years, subject to annual review with the
Council authorized to revoke the license in the event that there are viola-
tions of any applicable ordinances. All voted in favor except Krob who voted
no.
3 S.�
Agenda Information Memo
November 13, 1981
Page Thirteen
PRELIMINARY-PLAT---ROBINS -ADDITION
B. RES Investment & 494 Investment Co. for Preliminary Plat
Approval of Robins Addition, consisting of approximately 60 acres
A public hearing was held before the Advisory Planning Commission
to consider a preliminary plat application for Robins Addition
as submitted by the RES Investment Company. The Advisory Planning
Commission reviewed the application in detail and is recommending
approval of the preliminary plat to the City Council . For addi-
tional information on this item, refer to the City Planner' s report ,
a copy of which is enclosed on pages . Sy.-- . through 60 - . For
action that was taken by the APC, refer to a copy of tie mutes
enclosed on page
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the
recommendation of the APC to approve the preliminary plat of Robins
Addition.
s3
CITY OF EAGAN
SUBJECT: PRELPIINARY PLAT - ROBINS ADDITION
APPLICANT: RES INVESTP'ENT COMPANY
LOCATION: NFh OF SECTION 2
EXISTING ZONING: I-1 (LINT INDUSTRIAL DISTRICT) AND
GBPD BUSINESS PINED DEVELOPPga T)
DATE OF PUBLIC HEARING: OC'T'OBER 27, 1981
DATE OF REPORT: OCTOBER 21, 1981
REPORTED BY: DALE C. RUN=, CITY PLANNER
APPLICATION SUBMITTED
An application has been submitted by RES Investment Ccrlpany for a preliminary
plat, Robins Addition, which will contain a?oproximately 100 acres +/- and con-
sist of 5 blocks and the dedication of the realignment of Blue Gentian Road.
i
COMMENTS
The staff has been working with the developer and Plinnesota Department of
Transportation in coordinating the Robins Addition preliminary plat. It is
the staff's understanding that in upgrading T.H. 149 and Interstate 494,
Minnesota Department of Transportation is going to have an excess amount of
fill on these two projects. The fill will have to be removed from the site
and RES Investment Company is looking for fill for some of the lots in con-
junction with the plat. The reason RES Investment is platting at this time
is to enable the Robins Addition to obtain the excess fill from the two pro-
jects above. This would allow the excess material to be moved a very short
distance in conjunction with the projects. The other reason RES Investment
Company is platting at this time is that MnDOT will be constructing an alter-
nate alignment of Blue Gentian Road. The plat has been designed realigning
Blue Gentian Road in order to construct Blue Gentian Roadwith the I-494 and
T.H. 149 project. If the developer did not plat at this time, P9nDOT would
have to acquire the right-of-way for Blue Gentian Road. With the platting
of Blue Gentian Road right-of-way, it is being dedicated at this time. An-
other reason why RES is platting is the City also needs a drainage easement
from the ponding area which is located in the center of this plat to tie in
with the 494 project. The developer is also dedicating this drainage ease-
went at this time in order that the storm sewer can be put in with the ini-
tial project.
At the present time, RES Investment Company does not have any exact plans
as to how the area is going to develop. They have blocked off 5 different
parcels which are all of buildable size, and once the grading and highirrav
projects have been ocrpleted, the developer will be able to start to develop
�q'
CITY OF EAGAN
PRELIMINARY PLAT ROBINS ADDITION
OCTOBER 27, 1981
PAGE TWO
the plat. It is estimated that the grading is going to take approximately 12
months prior to the developer constructing any buildings.
Once the developer has determined what he is going to be constructing in his
plat, each one of the blocks will then be subdivided, and the detailed review
of the development proposals will be reviewed by the City.
It is not that often that the developer and a State agency work that closely
in developing road projects and developments, and staff feels that both par-
ties will greatly benefit by the platting of the property at this time in con-
junction with the development of I-494 and T.H. 149. If approved, the prelim-
inary plat should be subject to the following conditions:
1. That all easements and dedications shall be required as requested by
Citv staff and PtDCYr and subject to their continents.
2. Each detailed phase of the development plan shall be reviewed by the
City of Eagan.
DCR/jack
6
�s
TO: ADVISORY PLANNING COIVUSSION, C/O DALE C. RUNKLE, CITY PLANNER
FROM: THOr-%S A. COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: OCTOBER 22, 1981
RE: PRELIMINARY PLAT - ROBINS ADDITION
The Public [^7orks Department has the follaaing ccmr.ents to offer in con-
sideration of the above-referenced proposed plat:
UTILITIES
Sanitary sewer and watermain facilities of sufficient size and death are
available for extensions into this proposed plat from the south. A peti-
tion has been suhxgitted and a feasibility report is presently being pre-
pared to provide for the extension and installation of these utilities
within this plat. 'These utilities will primarily be located within the
north-south NSP easement and/or the proposed dedicated realigrunent of Blue
Gentian Road. Because the relocation of Blue Gentian Road is proposed to
be constructed by MnDOT as part of the I-494 project, it is necessary_ that
these utilities be installed prior to this road construction.
GRADING AND DRAINAM
The staff has worked very closely with the Department of Natural Resources
and At= Hydraulics Section in conjunction with the presently ordered storm
sewer outlet for O'Neill Pond under Project 302, which is being performed
under a cooperative cost-participation agreement with MnDOT with the con-
struction of I-494. The controlled elevation for O'Neill Pond has been es-
tablished by the DNR and MnDOT to be 832.0 with a future 100-vear high water
elevation of 840.0. The grading plan for this proposed plat will be adjust-
ing the north and east shoreline of O'Neill Pond to conform to these pre-
determined water elevations. All drainage generated from this plat will be
directed toward O'Neill Pond, the outlet of which has already been approved
and is presently under contract for construction.
STREETS
Access to this proposed plat will be provided by the proposed relocated
Blue (",entian Road which will be provided by rV DOT as discussed previously.
Due to the proposed future rcial/industrial use of this property, the
Citv will be working with *'[HOOT to insure that a 9-ton design street
will be constructed.
EASU4ENTS/RIGHT-OF-T,TAY
An 80' right-of-way will be required for the relocation of Blue Gentian Rd.
In addition, drainage and utility easements incorporating the 840.0 elevation
will have to be dedicated as determined by the final approved grading plan.
Additional roadway easements are being required by PtE)OT for the proposed
future upgrading of T.H. 149 which is proposed to be performed during 82-83.
S'6
CITY OF EAC LPN
ENr;IP1EE ,ING REPORT - ROBINS ADDITION
OCTOBER 27, 1981
PA(T TP7O
A ponding easement incorporating the 840.0 elevation shall be dedicated as
approved by staff. Other necessary utility easements will be determined upon
corpletion of the feasibility report for Project 349 which will be discussing
the installation of utilities to service this development.
ASSESSMEN'T'S
All proposed future assessments affecting this development will be dis-
cussed during the public hearing of Project 349 for the installation of
utilities to service this development.
I will be available at the Planning Commission meeting of October 27th
to discuss in further detail any aspect of this report.
Respectful v submitted,
Thomas A. Colbert, P.E.
Director of Public 1Abrks
TAC/jach
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APC Minutes
October 27, 1981
RES LNMTMENT COMPANY - ROBINS ADDITION - PREL13UNARY PLAT
The next public hearing convened by chairman Harrison concernerd the
application of RES Investment Company for preliminary plat approval of Robins
Addition containing approximately 100 acres consisting of 5 blocks and the
dedication of the realigned Blue Gentian Road. Mr. John Uban of Howard
Dahlgren Associates was present as was Ron Volker of MnDOT and Howard Stacker
of RES Investment Company. A number of neighboring residents also appeared.
Mr. Uban stated that Blue Gentian Road would be revised southerly on the East
end, that drainage would be revised in the area with the need to acquire
ponding and that substantial excess fill would be available from I-2494 and
become available for location on the site. There would be no change in zoning
and eventually, the owners would resubdivide the property. Objections from
neighboring residential owners included that more industry would be found on
the north side of Highway 49, the objections to the relocation of Blue Gentian
Road, that MnDOT had allegedly settled the location of Blue Gentian Road some
years ago, and the additional traffic through the residential area. In addi-
tion, the residential owners objected to the potential for sanitary sewer and
water being extended through their area and the excessive cost that would be
involved. It was noted that MnDOT has changed its full diamond to provide for
a loop on the east side of 49 and a half diamond because of the proximity to
the major interchange with I-35E. It was stated that utilities could come
from the east and would not necessarily be required to go through the resi-
dential area on the West on Blue Gentian Road. The MnDOT representative indi-
cated that 1 to 3 feet of black dirt would be removed and fill would be hauled
to 20 feet and compacted to 90% proctor density. After considerable discus-
sion, Wilkins moved, Hall seconded the motion to recommend approval of the
application, subject to the following conditions:
1. That all utility, drainage and street easements shall be granted as
requested by the City and MnDOT and further be subject to the comments of
MnDOT.
2. Each detailed phase of the development plan shall be reviewed by the
City of Eagan.
3. All ordinance requirements will be met.
All voted in favor except Hall who abstained.
4 61
Agenda Information Memo,
November 13, 1981
Page Fourteen
WINKLER/JACKSON-PLANNED-DEVELOPMENT
C. Richard Winkler to Amend the Winkler/Jackson Planned Development
to Allow a Service Station in a LB District -- The APC, at their
last regular meeting, held on October 27 , 1981 , held a public
hearing to consider an amendment to the Winkler/Jackson Planned
Development to allow an Amoco Service Station in a part of the
PUD proposed as Lot 1 , Block 1, Winkler/Jackson Addition. The
Advisory Planning Commission is recommending denial of the applica-
tion 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 - -{6.*3.. . through - -68 - , For additional information on the
action that was taken by tH -APC, refer to those minutes , found
on page
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the
requested amendment to the Winkler/Jackson Planned Development
to allow a service station in a LB District .
6Z
CITY OF EAGAN
SUBJECT: N1END?YIE U TO THE WINKLER/JACKSON PLANNED DEVELOPNT7.\I"'
APPLICANT: RICHARD I^MZd,ER & AMOCO OIL C91PANY
LOCATION: PART OF THE N-1, OF THE NT, OF SECTION 31
EXISTING ZONING: PD (PLANNM DEVELOPMENT)
DATE OF PUBLIC HEARING: OCTOBER 27, 1981
DATE OF REPORT: OCTOBER 21, 1981
REPORTED BY: DALE C. RUNKLE, CITY PLANNER
APPLICATION SUIY4ITTED
An application has been submitted requesting to amend the Winkler/Jackson Plan-
ned Development to allow an Amoco service station in part of the N%z of the NI^74
of Section 31, or the future Lot 1, Block 1, V-7inkler/Jackson Addition.
ZONING AND LAND USE
As you may recall, a few months ago the applicant, Mr. Richard Winkler, was
purchasing the 91 acres and processing a planned development called the 1,7inkler/
Jackson Addition which allowed the area to develop as Neighborhood Business,
Limited Business, R-4 (Residential Multiple) , .R--3 (Residential Townhouse) and
R--1 (Residential Single) and parkland. At that time, Mr. Winkler did not have
any plans lined up for development on any portion of the planned develom- ent.
At the present time, Amoco Oil is requesting to purchase Lot 1, Block 1, Ilink-
ler/Jackson Addition, which is the first lot in the Limited Business District.
for the location of an Amoco gas station. At the present time, the land use
designation on Lot 1, Block 1, is LB (Limited Business District) and would not
allow a service station as a permitted use or a conditional use. Therefore, !
Lot 1, Block 1, would have to be amended to allow the service station as a per-
mitted use.
Directly west of Lot 1, Block 1, is Lot 1, Block 4, Winkler/Jackson Addition.
Lot 1, Block 4, is designated NB (Neighborhood Business District) and would
allow a service station in the NB designation as a conditional use. Lot 1,
Block 4 contains approximately 7.7 acres and developing a service station
could he the start of a piecemeal development on the Neighborhood Business site.
The Neighborhood Business District, as stated before,allows a service station
as a conditional use within this zoning classification. However, there are
certain requirements which must be rmt prior to the construction of this facili-
ty.
(a) The size, location, design and number of stations shall be
approved by the City as a part of the approval of the over-
all design required under paragraph 3.2.
63
CITY OF EAGAN
AMENDMENT TO THE WIN=R/JACKSON PLANNED DEVELOPnT]T
OCTOBER 27, 1981
PAGE TVD
(b) The opening of any service station shall follow and not pre-
cede,the construction and occupancy of a minimtun of 10,000
square feet of retail shopping center floor space.
(c) The service station shall provide service bays for minor
repairs and service only and shall be designed to serve ad-
joining residents and not transients.
(d) Access shall be approved as a part of the approval of the
overall plan.
(e) Rental of trailers or similar vehicles shall not be permitted.
Even though a service station can be provided for within this site, the
applicant and owner of the planned development wish to locate the service
station on Lot 1, Block 1, the Limited Business portion vs. the Neighbor-
hood Business. I believe the applicant will supply information in regard
to what he is proposing on Lot 1, Block 4, the Neighborhood Business Dis-
trict, for development plans and how the service station would not fit in
this location. (See attached site plan)
The applicant, Amoco Oil Corporation, at the present time is proposing to
construct a gas facility only and not provide service at this time. They
will explain the justification for only servicing the surrounding area with
gas vs. providing service bays. If the service station is allowed, the next
question that the City will have to deal with is a variance from the service
bays as a portion of this amendment. During the comprehensive planning pro-
cess, it was staff's understanding that the Advisory Planning Commission and
Council wanted to keep service bays with all gas stations in the community
to provide the overall need to the residents even if the industry is chang-
ing for separating gas and service. This issue will also have to be address-
ed.
In reviewing this application, it appears that the site plan is not the crit-
ical issue with this development proposal. The Advisory Planning Commission
and Council will have to decide if the planned development will be amended
to allow a service station on Lot 1, Block 1, Winkler/Jackson Addition, and
if this service station is allowed, will the Citv Council and Planning Com-
mission allow only a service station which distributes gas and not service
for the automobile. The applicant has, however, provided additional space
on this lot where service bays could be added in the future when the demand
is required to provide service at some later date. However, at this time,
there is nothing definite that service will be provided.
SITE PLAN REVIEW
The proposed lot, Lot 1, Block 1, would contain approximately 45,000 square
feet, or 1.03 acres. The proposed facility would only cover approximately
1-2% of the lot. The access to the facility has been established 150' south
of Cliff Road on Slater's Road. This access has been provided as far south
6�
CITY OF EAGAN
A''=MENT TO THE WIN=P,/JACKSON PLANNED DEVELOP ENTI
OCTOBER 27, 1981
PAGE THREE
as possible to provide ample stacking distance for vehicles stopping at Slater's
Road and Cliff Road.
At the present time, the applicants have proposed a 15' setback from.Slater's
Road and Cliff Road. These setbacks for green area should be increased to 201 .
The applicant has no problem addressing this issue in sliding everything to
the east and south to obtain this additional 51 . The landscape plan and sign
for the facility have not been addressed at this time because prior to getting
into landscaping and location of signs and the details of the�facility, the ap-
plicant first wanted to find out if,in fact that Lot 1, Block 1, Winkler/Jack-
son Addition would allow a service station vs. a limited business use. If the
use is permitted, the applicant will be back for a conditional use permit for
the pylon sign and a detailed landscape plan for the facility. At this time,
staff is not placing any conditions on the amendment to the planned develop-
ment and will place the conditions when the detailed site plan is reviewed for
the proposed lot.
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APC Minutes
October 27, 1981
WINHLER/JACKSON ADDITION — .AMOCO OIL COMPANY
The public hearing concerning the application of Richard Winkler and
Amoco Oil Company for amendment to the Winkler/Jackson Planned Development to
allow an Amoco Service station on future Lot 1, Block 1, Winkler/Jackson
Addition was next convened. Mr. Winkler was present as was the Engineering
Representative for Amoco Oil. It was requested that the Amoco site be located
in a Limited Business district rather than a Neighborhood Business district at
the northeast intersection of Slater Road and Cliff Road. The reasons for the
change were to grant better view from the proposed shopping center on the West
side of Slater Road, and also there is better access on the east side. It was
explained that the Eagan ordinance requires service bays for service stations
but the Amoco representative stated that Amoco would not install the service
station if service bays were required. Space would be provided for future
location of service bays and/or car wash. Several residents from the Slaters
Acres area were present and objected to building the station on the proposed
site. Wilkins objected to the building of the station in the area and stated
the developer had originally indicated that only offices would be located on
that site. After discussion, Wilkins moved, Krob seconded the motion to
recommend denial of the application, based upon the reasons stated above, and
further, that there is no strong reason that was submitted by the applicant
for approval. All voted in favor.
ZONED AND DEVELOPED AREAS SURVEY
Todd Swanson, an administrative intern, submitted a detailed study on the
areas by section, within the City zoned for specific uses and the percentages
of the sections actually developed. Copies were distributed to the Planning
Commission members and further review and comments will be made at the next
meeting.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 10:30 p.m.
PHH
Secretary
5 �j
Agenda Information Memo
November 13, 1981
Page Fifteen
ADVERTISING- SIGNS - -•JOSEPH-MILLER
D. Two Temporary Advertising Signs for Joseph Miller Construction
An application was received from Mr. Joe Miller of Joe Miller
Construction Company requesting two (2) temporary advertising signs .
For additional information on this item, refer to the City Planner' s
report which includes drawings of the signs and the site location
proposed for the advertising signs . This information is found
on pages -7 f - through .
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny approval
of the two (2 ) temporary advertising signs for Joseph Miller Con-
struction.
70
TO: THUTAS L. HEDMS, CITY ADMINISTRATOR
FROM: DALE C. RUN=, CITY PLANNER
DATE: NOVEMBER 12, 1981
RE: TWO TEMPORARY ADVERTISING SIMS FOR JOSEPH MILLER CONSTRUCTION
In reviewing Ordinance #16, the sign ordinance, temporary advertising signs
are allowed on property zoned Agricultural, Commercial or Industrial zoned
property. In reviewing the spacing requirement, temporary advertising signs
do not have to meet the 1,000 lineal spacing, or 300 lineal feet; if signs
are located across the street. This spacing requirement may be waived for
temporary advertising signs for new residential developments.
Sign No. 1 is proposed to advertise Ches liar East twin homes and single
family homes. The location of the proposed sign is in the northwest quad-
rant of Hwy. 3 and Cliff Road. Presently, the property is zoned Agricultur-
al and would allow a temporary advertising sign. The prq)osed sign will con-
tain approximately 24 square feet and total height of the sign would be ap-
proximately 10' . The temporary advertising sign meets all of the other sign
ordinance requirements.
Sign No. 2 is a temporary advertising sign advertising homes in Beacon Hill
and Ches P7ar East developments. The proposed sign location is in the south-
east quadrant of Nicols Road and Cliff Road. Presently, there are two other
signs at that location and this sign will be the third temporary advertising
sign in this quadrant. The proposed sign will contain signage of 8 x 8, or
64 square feet, and would be approximately 12' off the ground. The proposed
sign mets all ordinance requirements of #16 if the City waives the spacing
requirement for advertising signs.
If approved, each sign should be subject to the following conditions:
1. The sign shall be setback 10' from all prgperty lines.
2. The temporary advertising sign shall not exceed a 2-year time period,
and the advertising sign shall be renewed after the first year.
3. Sign #2 shall not block the visibility of the existing temporary ad-
vertising signs.
DCR/jach
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Agenda Information Memo
November 13 , 1981
Page Sixteen
ADVERTISING-SIGN- - -NAEGLE
E. Billboard/Naegle Outdoor Advertising Company -- An application
was received for an advertising sign (billboard) from Naegle Outdoor
Advertising Company. At a recent City Council meeting, it was
determined that all advertising signs or billboards will be reviewed
as agenda items before the City Council . For information regarding
this proposed sign, please refer to the City Planner' s report,
a copy of which is enclosed on pages - -77 - - through . $ _ This
information includes site drawings anif a print of the-proposed
sign.
ACTION TO BE CONSIDERED ON THIS MATTER: To approve or denty the
billboard/advertising sign for the Naegle Outdoor Advertising Com-
pany.
79
0
TO: THOMAS L. HEDC:ES, CITY ADMINISTRATOR
FROM: DALE C. RUNKLE, CITY PLANNER
DATE: NOVEMBER 12, 1981
RE: AN ADVERTISING SIGN, OR BILLBOARD, FOR NAEGELE OUTDOOR ADVERTISING CO.
LOCATED AT 4215 CEDAR AVENUE, OR BETt9EEN Nh71 CEDAR AVENUE AND NICOLS
ROAD SOUTH OF THE CHICAGO, ST. PAUL RAILROAD TRACKS
It has been approximately 3 years sine staff has processed an application
for an advertising sign, or billboard, in the City of Eagan. The last time
staff processed this type of application, it was done through a conditional
use permit. In this process, it was determined that a conditional use per-
mit is not required for an advertising sign and that only a pylon sign for
a business requires a conditional use permit. In the past month, the Cit_v
Council directed staff that all advertising signs for billboards be pro-
cessed through the Eagan City Council. 'Therefore, staff is processing the
application by Mr. George DeGidio of Naegele Outdoor Advertising Signs
before the Eagan City Council.
The proposed sign is to be located on a parcel 20' south of the Chicago,
St. Paul, Minneapolis, Omaha Railroad right-of-way and 20' east of the
right-of-way of New Cedar Avenue. Enclosed is a site plan for your review.*
The proposed sign would be 12' x 25' for a total of 300 square feet of sign-
age. The height of the proposed sign is to be between 35-40' at this loca-
tion. In reviewing Ordinance #16, the sign ordinance, in regard to adver-
tising signs, it specifies that no advertising sign shall be located nearer
to any other advertising sign than 1,000 lineal feet on the same side of the
street, or within 300 lineal feet of any other advertising sign on the oppo-
site of the street. It also states that no advertising sign shall be located
within 200' of any residentially-zoned property whether on same or opposite
sides of the street. The maximum amount of signage for an advertising sign
is 250 square feet, and the height shall not exceed 40' measured at lot level
or roadway level-whether lot level or roadway level is used is based on the
visibility factors on the adjacent roadway. In reviewing the proposed sign
application, it appears that Naegele Advertising Sign Co. meets all of the
ordinance requirements with the exception that it exceeds the maximum sign-
age by 50 square feet. If approved, the advertising sign shall be subject
to the following conditions:
1. No advertising sign shall be located nearer to any other advertising
sign than 1,000 lineal feet on the same side of the street, or wit?zn
300 lineal feet of any other acvertising sign on the opposite side of
the street.
2. The proposed advertising sign shall not be located on a platted lot
which contains a business sign or within 300' of any business free-
standing ground sign or pylon sign measured on the same side of the
street.
*'The proposed advertising sign, or billboard, appears to have two faces
each containing 300 square feet in order that visibility of the signs would
be seen from northbound traffic and southbound traffic.
717
Thcros L. Hedges
November 12, 1981
Advertising Sign - Naegele Outdoor Advertising Co.
Page two
3. The proposed advertising sign shall not be located within 200' of any
residential zone.
4. The advertising sign shall not exceed 250 square feet of signage.
5. The proposed advertising sign shall not exceed 400' measured at lot
or roadway level.
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Agenda Information Memo
November 13, 1981
Page Seventeen
Ka 10
CONTRACT 81-1
A. Receive Bids/Award Contract, Contract 81-1 (Galaxie Avenue
Streets & Utilities ) -- Contract 81-1 provided for the installation
of utilities for the relocated portion of Galaxie Avenue necessita-
ted by the progress of I-35E. Although this project was to be
completed under City contract, state and federal funds were being
provided for this work. The bid opening was scheduled to be Novem-
ber 9, 1981 . After the cost participation agreements were executed
and authorization received to advertise for bids , the City was
informed by MnDOT that federal funds for this work have been tem-
porarily frozen until the interstate completion program has been
reviewed by the Federal Highway Administration. Subsequently,
the bid opening had to be cancelled until formal authorization
is received at some future date by the Federal Highway Administra-
tion. Therefore, there -are no formal bids to review or contract
to award.
ACTION TO BE CONSIDERED ON THIS MATTER: To cancel the November
9 bid opening for Contract 81-1 , and reschedule for a future date.
50KVA GENERATOR
B. Receive Bids/Award Purchase, 50KVA Generator (Public Works
Maintenance Equipment) -- As a part of the 1981 approved budget,
the purchase of a 50KVA generator was authorized with an anticipated
expenditure of $16 ,700. After authorization was received to adver-
tise for bids at the October 6 Council meeting, a bid opening was
held on Thursday, November 5, with bids received as indicated on
the bid tabulation enclosed on page The low bid was submit-
ted by Lake Sales , Inc. , in the amount o $14,491 . 50.
ACTION TO BE CONSIDERED ON THIS MATTER: To receive the bids and
authorize the purchase of a 50KVA generator from Lake Sales , Inc. ,
in the amount of $14,491 . 50.
. � 3
50 Kw =RATOR
Bid Opening - November 5, 1981, 10:30 A.M.
1. Lake Sales Inc. $ 14,491.50
2. Cumiins Diesel Sales Inc. $ 141550.00
3. Prest Co. $ 14,689.00
4. Flaherty Equipent $ 16,795.00
5. Northern Power Products, Inc. $ 17,773.00
6. Northern Pacer Products, Inc. $ 19,341.00
7. Ziegler Inca $ 19,746.00
8. Barry-Sewall $ NO BID
9. Interstate Detroit Diesel $ NO BID
10. Total Tool Supply Inc. $ NO BID
11. Jeffco Pacer Systems $ NO BID
12. $
13. $
14. $
15. $
0 •
Agenda Information Memo
November 13 , 1981
Page Eighteen
PROPOSED- 1982 -BUDGET/ADDITIONAL-CONSIDERATION
C. Proposed 1982 Budget/Additional Consideration -- At the last
regular City Council meeting held on November 4, 1981 , the City
Administrator read an excerpt of an Action Alert from the League
of Minnesota Cities which read as follows : "Depending on legislative
action between mid-November and mid-December, cities may receive
neither their December 15 LGA nor homestead credit payments . As
earlier, no promises were made as to when 1981 LGA or homestead
credit payments will be made, or even whether they will be paid
in full whenever they are made. Also, it is still highly likely
that both 1982 homestead credit and LGA payments will be cut .
The open questions are the extent to which the cuts will be felt
by property tax payers or 1982 City budgets ."
The City of Eagan is expected to receive approximately $125,000
for the November and December local government aid/homestead tax
credit payments . If the governor' s office decides to cut this
amount of money which was assured our municipality, much of the
fund balance will be depleted. Because our municipality, like
all other statutory cities , operates on a calendar year and approxi-
mately ten and one-half months of the calendar year are history,
there is very little the City can do in the remaining one and one-
half months to cut back expenditures . The picture for 1982 is
more serious . The local government aid for 1982 is estimated at
$356 ,380, while homestead tax credit is $460,394, of which 82.65%
of the homestead credit is appropriated directly to the general
fund. The total operating budget is $3,287,130. A cut in local
government aid or homestead tax credit becomes a significant amount
of the operating budget.
It is too early to determine what the governor' s office and state
legislature will do regarding cutbacks or delays in local government
aid or homestead credit payments . Therefore, to recommend cutting
services or expenditures planned for services in 1982 might be
premature. However, it is not too soon to develop a contingency
plan such as freezing the hiring of new employees and capital equip-
ment purchases . Until the legislature and governor' s office meet
and establish the course of local government aid and homestead
credit payments to municipalities , the City should move into 1982
with extreme budgetary caution.
The City Administrator plans to begin reviewing the impact that
the loss of local government aid or homestead credit would create
on the 1982 budget as proposed for adoption in December so valid
considerations can be made regarding the level of service desired
by the City Council , if necessary, in the next two to three months .
It may be required to reopen the 1982 budget for review and recon-
sideration if cutbacks become a reality. The City Administrator
will discuss this issue at more length at the City Council meeting
on Tuesday. G
G
Agenda Information Memo
November 13 , 1981
Page Nineteen
ACTION TO BE CONSIDERED ON THIS MATTER: To consider a motion
directing the City Administrator to prepare a contingency plan
for reexamination of the 1982 budget due to the possibility of
cutbacks or delay in local government aid and homestead tax credit .
CONTRACT- 81-11
D. Contract 81-11, Final Payment/Acceptance (1981 Sealcoating)
-- The City has received a request for final payment from Allied
Blacktop, Inc . , for the 1981 sealcoating project. The Public Works
Department has inspected the work and recommends payment and final
acceptance.
ACTION TO BE CONSIDERED ON THIS MATTER: To approve the 2nd and
final payment for Contract 81-11 to Allied Blacktop in the amount
of $3,421 .47 and accept for perpetual maintenance.
. .G6 . . . . _ . . . .
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