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12/16/1980 - City Council Regular (2)
':Y�wY r.ww.c•♦•s••r, .r...w• •w...,..:........,M,,r.�w.M.r +,`� AGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL DECEMBER 16, 1980 6:30 P.M. I. 6:30 - ROLL CALL AND PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA AND APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS e• ` A. Fire Department Q . 3 C. Park Department B. Police Department 3 D. Public Works Department P' IV. 6:55 - CONSENT ITEMS [One (1) Motion Approves All Items) Q, S A. Change Order #3, Contract #219 (Duckwood Drive Streets) B. Change Order #3, Contract 240A (Drexel Heights Streets) • QC. Change Order #2, Contract #79-17 (Safari Estates Utilities) Q (o D. Change Order #l, Contract #80-10 (Silver Bell/Wuthering Heights Utilities) f' .7 E. Change Order #1, Contract #80-20 (Schmidt Addition/Northview School Util.) P' g F. Contract #80-4, Final Payment Acceptance P� G. MnDOT Agreement #59744, Receive Payment , Cedar Avenue Storm Sewer P $ H. Classification of County Tax Forfeit Properties p 131. Bond Reduction - Cameron Addition P * 1.3J. Receive Petition/Order Feasibility Report - Twin View Manor 2nd Addition e- K. Conditional Use Pemits Renewals for November and December Q'/p. L. Resignation of Joe Haluza P )ltM. Final Plat - Extension of Time for JPK Park Addition V. 7:00 - PUBLIC HEARINGS e, 1SA. Use of Federal Revenue Sharing Funds & 1981 General Fund Budget p jj B. Improvement Project #240 -- Reassessment of Storm Sewer and Street Improvements to Fish Lake Area and Drexel Heights Area V1. OLD BUSINESS P 16)A. Final Resolution for I.R. Financing for Carlson Pirie Scott 1 & Co. • a • • Eagan City Council Agenda . December 16, 1980 Page Two VII. NEW BUSINESS � . 3A. Final Resolution for I.R. Financing for Econ Laboratory ,3!- B. Pilot Knob Associates for Rezoning from R-4 (Residential Multiple) to CSC (Community Shopping Center) and Preliminary Plat for Pilot Knob Center, located in S2 of NW4i Section 15, North of Krestwood Drive and East of Pilot Knob Road C. Gabbert Development for Waiver of Plat to Subdivide Five (5) Duplex Lots for Single Ownership, located on Lot 2, Block 4, and Lot 1 , Block 3, Ches Mar 1st Addition, Lot 2, Block 1 and Lot 4, Block 2, Ches Mar 5th Addition, and Lot 8, Block 2, Ches Mar East lst Addtion, Section 26 & 27, located South of Wildwood Lane (County Road 30) in the area of Lexington Avenue. p 5 D. Dunn & Curry for Revised Preliminary Plat of Wedgewood Addition 1 located in the SZ of Section 26, located North of Cliff Road and East of Lexington Ave. p , 6 7 E. Establish a Public Hearing to Consider I.R. Financing for Nicols ; {{ Square Shopping in the amount of $2,800,000 for January 6, 1981 n. (�7 F. Special Permit for Eagan Montessori & Child Care - Mary Schmidt t 6 G. Mediterranean Cruise Restaurant for Mediterranean Entertainment ?' �. VIII. ADDITIONAL ITEMS f -70 A. 1981 Sewer/Water Rate Study Proposal e.70 B. Rare Schedule/Urban Planning & Design f.'71 C. Comprehensive Guide Plan r IX. VISITORS TO BE HEARD (For those persons not on the Agenda) { X. ADJOURNMENT 11{ 1' • Y e MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR, HEDGES ` DATE: DECEMBER 12, 19$0 SUBJECT: AGENDA INFORMATION W1+ After approval of the December 2, 1980 regular City Council minutes and the agenda for the December 16, 1980 City Council meeting, the following items are in/ order for consideration: n FIRE, DEPR "NIENT A. Fire Department -- "'There are no items 'to be considered by the Fire Department 4t this time POLICE I?EPARM. NT B. Police Department -- Item #1: se Enclod on page - is a copy of a resolution aYlow, n- e .0y of 'Eagan to eni-nto a joint powers agreement with several cities in :Dakota County for the ' purpose. of purchasing civil defense warning sirens. It was the recommendation of the County 'At'torney that ,a joint powers agree1711 - ment be established between these cities before the Dakota County Civil Dofense Director can proceed with the advertisement and; pro- cessing of bids ' for approximately thirty #30l civil defense warning sirens The resolution has 'beefi reviewed, by the City Attorney and is found to 'be acceptable fcrr this ,purpose. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the joint powers agreement required toproceed 'with the joint bidding of ,civil defense ' sirens;, four (4Y to ba considered for the City , of Eagan. • II DRAFT RESOLUTION Be it RESOLVED that the City of Eagan hereby agrees to enter into a Joint Powers Agreement with the Cities of Lakeville, Hastings and Rosemount for the purpose of establishing an organization to bid for and subsequently purchase civil defense equipment to be installed within their respective cities; Be it further Resolved that is appointed the authorized respresentative of the City of Eagan for purposes of representing the City of Eagan in participating in this Joint Powers Agreement. Be it further Resolved that this Joint Powers Agreement be executed by the Mayor and witnessed by the City Clerk. DATED: CITY COUNCIL • CITY OF EAGAN BY: Its Mayor ATTEST: Its Clerk • Z r A5 W- 14 Agenda `Information Memo .y December 12, 1980 Page Two , PARK,.1?EPAR " . G. Park "Department -- Ite 1 . Direct6r bf' Parks. and Recreation ; Vraa has had decent conversa ions wil t1i°- e�te -lose from the Parks And Recreation Grants Sacti,trt "p the $ ase. anning Agency. Mr. Klose has indicated that the a'pplcaer. the Rahn Park acquisi- ; ` , tion hes been proces$eo and fie 'I s arttcipating L.C.M.R. review the week of December, e ity, should be notif ied the week of December ' 22 �,as to whether fundin' for the : g purpose of acquiring approxiately 18.4 acre, of park land, ta ' expand Rahn, Park will be approved'. s the Council;.- may reca.l.l, the City has a December 31 1980, date that prouides fir . a $40 000 per. acre purchase price. After January, 1 19$1, the per acre rrchase price becomes $11OflE} The application" to I AWCON was" in the amount of $1.953,000 of which LAWCOI wile, fund 50%/ of "tie grant Aase.d on" the application amount, � s the City's -share is " $9 ,500, .aWiile the; "tate IA4JCtN portion is also $97,500. Because. . the aotual .acreage, upon completion of a survey, is lest than originally anticipate4,. the grant amount as well as the Cit�t's matching share will be „reduced -ta approximately $92,2M ' The :appr$isal sta�fiitted to the "State Planning Agency for this , project was . $1tl,50 per acre.'-"._theCity is not required to purchase they land bteed upon the' appraisal. amount, however, can purchase the p prapOrty ` in tha mount; th t was negotiated and " is under option agree ent, wtrth, tithe oti, ` t r.'awner". There is pre_ ` gently money "in ,the "park site .fund to be.Au for the City' s portion' of the Rahn Park acquisition Tt 3.s t'h .. 'recommendation of the Director of Parksand Recr�►ati and the .G�ity Administrator that the City Council: authorize the .'purchase ,af the property, assuming' approval by they State; Pl,arting Aengy,, 'prior to January 1, 1981, to avoid an increase in the: par pre" .purchase price. ACTION TO B C�!iSIT?EREIt 'moi$ t� �' uthcarie the appropri ate City staff to ' negotiate the pdrehaa; of, 'adi'tiohal park land for Rahn Park, eonditiona;ipcn grant tardy: the State Planning Agency. ". item #2: Warming House Alwtndaa director of Parks and ecreat on is requesting appeal o€ the ;.waing house attendants for the 1980-81; skating season-I 'ha hwkly' salaries for eaefi of the persons recortamended ireithi.r the ar+aved budget appropriation. larks and Recreation D�.r cctor"Vlraa is :placing to conduct a training _ session an December 1 for Glial tt9tU_ s oto review procedure, po'liei s, first tld emar ' 'n 814, the,. related Enclosed p onPae i <,a ch c the: 3i of. Vii. -= --- py . �rb�,iseattendants. f a4 `I"aN TO BESII} ' 'moi$ � ' 'lR• . . approve or deny the' list of ..war ung ' house att a t 4as � recd : `ded" by the Director of darks and. Rec�eatihe 298 -1 ek� season. D'. Public Wor&svDiepartmen FMhf, are Aq gms, to be considered for the Public 'mks. DepartmentAA P • • December 2, 1980 MEMO TO: PARK $ RECREATION DIRECTOR, VRAA . FROM: RECREATION PROGRAMMER, PETERSON RE: WARMING HOUSE ATTENDANTS - COUNCIL CONSENT ITEM During the past several weeks seventeen interviews were conducted after school and on Saturday mornings to screen warming house attendant applicants. Seven experienced attendants from last year wish to return. They, of course, were not interviewed again although schedule conflicts and school committments were verified. New applicants were of exceptionally high caliber this year. Those of high school age enjoy school, many have work experience elsewhere and they were poised and articulate during the interview. The adults are experienced as warming house attendants or in working with children in another capacity. Factors of importance in the selection process were: availability, school or other committments that would create conflicts; transportation, very few of the applicants live less than a mile from any rink site, experience, in another job and in working with children; maturity, the insight the applicant demonstrated in response to questions regarding dealing with the public, emergency situations and what the duties of a warming house attendant are. Also taken into consideration were the questions the applicant asked regarding the expectations of the Park and Recreation Department. The following names are submitted for City Council approval at the December 16, 1980 council meeting. Returning Attendants New Attendants Substitutes David Benjamin Kenneth Bungert Thomas Bruestle Scott Ellingson Robin Cook Guy Griffiths Catherine Janousek Scott Eibon Mark Helmken Paul Krueger Lisa Fisher Constance McConnell James Losinski Steve Fleming Kellie Murray Brian Rafferty Todd Heuer Todd Swanson Stephen Huntley Barbara Janousek Craig Johnson David Maloney Steven Vogt DP/bp • Agenda Information Memo December 12, 1980 Page Three There are thirteen (13) items. on the agenda referred to as consent items requiring one (1) motion by the City council. If there is any -item which the City Council would. like to discuss in further - detail, ' that item should be removed ,from the Consent Agenda and placed under Other Business unless the discussion required is brief.. This will allow the Mayor to proceed with the Public Hearings as legally noticed at 7 :00 p.m. < CONTRACT #219 - CHANCE ,ORDER #3 A. Change Order '#3 Contract 4219 (Duckwood DriveStreets) This change order consists of two (2) . parts: Fart One eonsi,sts of , the elimination of the twenty-four (24) foot wide ";temporary . bituminous surf-ace originally proposed under Contract 219, which was no longer required upon the execution. of Contract 79-ZO pro- t)for the full width (44 feet) construction of Duckwood Drive with concrete curb and gutter (Deduct $8,646) ., Part` Two consists of, a crushed rock base which was .installed at the request of the Duckwood Estates/St. Francis Woods developers in order to provide traffic access through winter/s,pring . 1979 (-Add $8,995.60) . All costs associated with the deletion and addition, respectively, were taken into consideration at the . time# of the final assessment hearing. The net result of this change order provides for an add of $339.60. ACTION ;TO BE CONSIDERED ON THISMATTER: To -approve Change Order #3, Contract -#219, in the amount of $339.60. CONTRACT #240A CHANGE ORDER #3 B. Change Order #3, Contract 240A ('Drexel Heights Streets) -- This change order consists of Part One 'whish is additional work performed within the Drexel . He�"fs'Addition connecting Dresden Court with Wescott ` Road as required in , the, final plat approval (Add $3,833.20) • Part TWO -,consists of mi�tertal brought onto the site to construct the pto5er 'boulevard *tea; necessary for proper stabilization of the street enbankment on the Dresden Court cul de sac (Add $2,550) . > art Three cons sts of removing unsuitable material and replacing -"i :with 'p aper `granular backfill within the road right of way (Add $6,00) P#-rt Four consists of work done in resurfacing the intersection oe3T Armstrong Boulevard and Gemini Road due to additiorlal. .utility cgnstruction by _Raunhorst Development Corporation ('Add $2,.678.56) . ' ' 'Allportion of this change order have been taken into consideratioin the determination of the, final assessment rolls. .The net "Of Oct "of this change order is an addition of. $15,,143.76 to °tfie .contractor. ACTION TO BE CONSIDRED ON THIS.; MATT': 'Io' approve Change Order :` #3 to Contract #;240A in the amount of $15,.U,33 76 Rd. Agenda Information Memo December 12, 1980 Page Four CONTRACT #79-17 CHANGE ORDER #2 C. Change Order #2, Contract #14-37 (Safari Estates Utilities) -- This- change ..order consists of Part I One On this project there ' were certain area where excessive depths of sewer installation were encountered. After evaluating the depths required and material available, it was determined that it would .be most cost economical to replace the originally designed PVC serer pipe with DIP to insure proper support of the sewer: system. Because this benefits the City in a long' term maintenance` of the. line and also benefited the contract and installation, the cost difference between pipe materials -was split with the contractor (Add', $1,600) . Part Two: During the construction of the- utilities for this contract, the contractor could not proceed with final storm sewer installation until Contract ,80-16 was awarded, . providing for the grading on Galaxie Avenue required prior to installation of the storm "sewer. This delay was beyond the contractor's responsibility. Subsequently additional flashers and barricades were required during the interim period (Add $470) . Park. Three was upon request of the developer of the Safari Estates cd1tion. Additional grading was required within the future Safari, Estates 2nd ' Addition in order to provide for the proper grade for the installation ,of -the utilities (Add $1 ,648.70) . Part Four is due to -the developer's inability to com lete his entre she p grading within the right of way.; Additional over depth costs for the: installation of services to the property lines were encountered by the contractor ,(Add $1 ,834.89) . Part Five is because the installation of. this utility work involved work within the 'MnDOT right of way and the contractor was delayed several times because ' of- MnDOT contract work. Subsequently, addi- tional mobilization costs were incurred- in order to complete the project. (Add $1,200.13), All costs .. associated with this change , order will be billed to the developer as a part of utility instal- lation for this subdivision.- The :total effecC. of the change order provides for an addition of $6,:7 5 3 7 2 ACTION TO BE CONSIDERED ON THIS MATTER-;, -. To- ,approve Change Order #2, Contract #79-17, in the amount of $:6;753.72: CONTRACT #$0-10 - C1 10'1, DER #1 D. , Change Order' #1, Contract #90"10 (Si.b er Bell/Wutherin' Heights Otlities)- Part One: Durfing th6 5ea°seirlont acquisition- process necessary for _Tfie initiation of this project, it .was determined by . the affected property owners. that ;thy, riartherly ,portion of the sewer , and water installation. was not nece*nary or requested by. the property owners (Bassett and Vogelp.,611 , .Therefore, this portion was deleted from the cdntract. . (.Deduct ' $1x1,,42$.50) Part Two: After discussing , th-e ;revised: assessments. cost with affected property owners through rlei.ghboxhood informational okdOti.�ngs,, it was deter mined that the, restoration portion of` this i ti act was requested .Er .n xE kz ; Agenda Information Memo December 12, 1980 Page Five' to be 'performed by the; property. owners: Therefore,. this portion of the contract pertaining to restoration. was deleted from the contract (Deduct $30,600 . Part, Thi* Because of the delays beyond the , contractor' s contrTor acquisition 'of the necessary easements and the subsequent ,late Construction start, the completion date for this Project has .'been +changed. �td -May =15, 1981. Approxi- mately ' 40% of : the contract has been completed by December 10. The net effect :of . this change order provide; for a total deduction of $42,028.50. ACTION TO BE CONSIDERED,- THIS "HAT'S. `To approve Change Order #1, Contract #8Q-20, providing for a deduct , of $42,028.50. CONTRACT #$0-20 -- C .ODER 0 E. Change Order #1, Contract, 8020 (Schmidt Addition1Northview School Utilities) -- -Under Project #186'31 several sanitary sewer, water and storm sewer crosai.ngsn were proposed under the new Cedar Avenue Freeways Several of theta cross1kngs have taken place under previous contracts. Thebe ovides for, a remaining crossing pr trunk storm sewer crbssing . adjacent t9 .the ,NSP power line easement to, provide a trunk stormsetuer: 'outlet 1�6,t the ponding area just south of River. Hills Ninth Addition. T'he crossing could not .be completed previously due to required ek6 vation grading by MnDOT as part of the Cedar Avenue Freeway. 'hia `change order . is being R added to Contract 80-20 , doe tb' the fact.- ,that' . the contractor is presently' in the vicinity performing a SiI i'lar tunk sanitary sewer crossing under a ' different contract. It; was most cost-economical to have this dark performed, by this .co tractor while he is in the area.. The 'MnDOT permit construction division will permit an open cut for the construction, of this.. :atorm- .'sewer facility if, the con- struction is performed during December. of 3. 8a. .If this construction is delayed` until spring of 198 : ; AnDO i`i , require the storm sewer to be jacked underneath the freeway due �to- their proposed paving schedule in the spring of 19814By erfomting. :this work at , this time, the City' will incur savai�n otat $25,000 ' due to the .links involved;. The Change oder cora �sts . of two (2Y phases. Phase One provides ' for . the`c onstr ctioh he storm sewer under- neath ttom free*.ay lames at a `cos"t 'c► $2 -," O<.25 This is the por,- ton that mush be constructed i,n seder to incur substantial cast savings (Add 25,9+0.251. Fart" Two provides dor the completion � of this storm sewer within MniSO"1' i & way. This must be comple- ted as soon as -possible. grior tq the' cis pl,etion of the Cedear Avenue Freeway,-to. avoid jAcking tie entire.. right of .'a. : which would be re- quired by �a in the future (.Add $ 144.70'.. The storm sewer installation is part cif the Cit is trunk i:nstaIatc�n at freeway crossings. All, property benefice by tht, s trunk storm serer instal- lation has been previously-assessed .under Project 227A. ACTION- TO BE QNSIDERED Ott 'IIS .i-tA �; ` o 'approve Change Order, #1 to Contract ' 80-20 in the t of $.760085. tm 1 1 Agenda Information Memo' December 12, 1980 Page Six ; r ; CON - INAL PAYMENT F. Contract 480-+ for Final Payment Acceptance -- The City has received request for final payment fromfi, the contractor for Con- tract #$0-4, Cedar Cliff First ''Addition Utilities, The City' s Consulting Engineer has indicated that construction conformed with the plans and specifications.: and all -pertinent tests and inspections have been performed. The Public Works Department has performed their, inspections and, based on the Gonsultant' s recommendation, concur with the final request. ACTION To BE CONSIDERED ON THIS MATTER: To authorize pay request #4 and final payment to Sandmark Construction Company in the amount of $5,068.30 'and .accept the utilities for perpetual maintenance. MnD©T; AGREMET #597444 G. MnDOT Agreement #59744, Receive Pa nent' ft�r y cedar Avenue Sto Sewer, -- This agreement provides- .for-' grant- ng` permission from the City to the state ` to -alloy 'Trunk Hig�hwAy #"77 storm sewer drainage into the City -s existing, 48" RCF, storm sewer located on the west side of T.H. #77 from approximately 165, south of Shale Lane to . Pend AP--8, approximately 670, feet south of ,_County Road 30. When the storm sewer .was c'anstructed =under Contract 4298-A, a cost par- ticipation agreement was not: executed frith the state at that time. Consequently, the City, through _the Consulting Engineering firm', negotiated with the state to receive. a- ir and equitable cost participation amount for this ,porfion, of _storm sewer based on the- 23 3% drainage .area contribution. Thenet result of this agreement provides for payment ' from the state to $22,513.58. the city in the amount of ACTI(3N TO BE. CONSIDERER 4N 'SIS , MATTED 2 'To: authorize, passage of a resolution. approving MnDOTagreeine.nt #597 4 and" authorize. Mayor and City Clerk to execute sad document. COUNTY TAX '�t R 'E TTED €}PST-IES H. Classification of ' CountX "Tax -Forfefted ' Properties - The- City has received a ' list. of five (5) p.roperti.es from the Dakota County Auditor that hue been forfeitedfor. non-payment of 'taxes for the years of 1974 aizd 1976. 'hese -properties sere subsequently. classi- fied asnon. conservation lands by the, County. These properties are being processed by the City . for 'c naider4t3on' prior to their A public .auctio t: : The ro rti s', are lia.t djas °fdillow ,with attached maps found on pages. ttroug ► .' r n, 1 `fir L. Y 4i yy 7 dF ."S` t Agenda Information Memo December 12, 1980 Page Seven 1) OutlotA, ,` Pilot Knob Heights Fir -on -- ' The City has no interest in retaining any, easement or rights. over this parcel . 2) Outlot F, P3 lot Knob,. ``Fi:xs dd n _-- It is recommended 3 that the City acquire Outlot F for' tblic: ;road right of way for Denmark Avenue-, 3) Outlot 1 , South Oaks Aldi tion It `is recommended' that the County ' ,acquire; this as part"" o pu It �: 1-9- �t of way for County, State .Aid Road ;,#32. f .the_ County d e 'i -t atcqu r this for public right. of way, tate City rhoul 'retain a Araf go and utility easement aver the. entire'outlot. Outlat A, i ilderr+ .s li ,LF"irst Addition ` --�. This} should be re- twined by "' the : Cityru ]'f�e road , ht tf trayflr Wilderness Run Read. 5} Part of Loi 129` IR-ick" I Wil dernesro :Run First Addition This should be retained. by the , City for public road, right of way for future access to the property '.aouth;.�f Wildarnoss 'Run First Addition, ' ACTION TO BEONSIDREII :C1N '11S VA,'TTEI To authorize the Mayor and City Clerk, to authorize the `apprcapriate county papers providing for the acquisition" of public right- of way as' indicated. - J T a x , u 3 } - ti • _ _. 20_ . •• iSO.7 L t E,71-1B ffennEfh o n Jvc tie nW. I-Aot-'Az r• 2ir7 Our o7- E ,so K 7C&1`on o sr*s N ^' / �4c0lC- � 3Zo9-E a 3,62.47 QUTLo 32ozo-SO w t O zBLOCK Z tv 00 �..� O ALor J�! 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Brand Reduction for Cameron Addftioh The City 'has received A,, request, from the developer of the ameroli Addition to reduce the bonds associated with this subdivision: A "field investigation' and assessment review have "indicated that bis 'development bond may be reduced from the extsting. $19,180to the proposed , $3 ,250. Thus remaining amount provides sufficient bonds to finish driveway approaches, boulevard ` sod, '`;boulevard trees and street lights. ACTION TO BE CONSIDERED 'ONTHIS' P�lAATTER: `." " rTo reduce the Cameron -Addition development bond to $3,250. PETITION/FEAtIBILITY. REPORT -� TWIN,.`VIE6 ` MANORSECOND ADDITION J. Receive Petition/Order Feaa bility "portfor Twin View Manor Second Addition - The City has , received a request from the developer. of the preliminary plat of"Tw,in View Manor Second Addition requesting _a feasibility study` far the completion of the utilities and streets within said '.subdivision: Ne irs .reques,ting that this wank be completed in conjunction w th the preliminary plat of Walden Heights and its subsequent street and utility construction. It , is the recommendation "of` the Director of 4PUblic Works . -that this petition and subsequent" feasibfiity study ..b+e performed in con- junction with the ,existing Project 309 by way of preparation of _a revised feasibility report ineorparating 'the' request.: ACTION TO BE CONSIDERED ON, THIS, 4AA�"i`ER:,. To 'receive petition for Twin View Manor Second Addition and autho,rize an addendum to 'feasi bility report #369. CONDITIONAL US$,,,P R CIT Ag +EWALS K. Conditional Use Permit Reneww' als, for . november And December - A conditional use permit renewal. , fir . a Cat Moes in the name - of Doug Isaacson, located. at 366-01 Dodd Roed, a 'sales lot for trailer sales is in order for consideration. - 'wo, t2} c©ndtional use permit renewals for December for.. (1 ) John ot 4890 South Robert Trail for a temporary building, And Lnda 'Smith for the Kiddie Korral at 4028 Rahn -Road to.::;aperatea day .care center are :also in order for consideration: . ACTION TO BE CONSIDERED ,ON:,THIS MATTER,: To. approve the conditional use permit renewals. far lovember and Bete ber ;as presented. ` t Agenda Information Memo December 12, 1980 Page Nine RESIGNATION -- JO HAT.UEA L, Resignation of" Joe Halo,za --- Mr, Joe "Haluza, the City' s buildings and related properties carpenter; is resigning after seven (7) years of employment with the City ;of Eagan. Mr. Haluza was first employed by the City of Eagan on a part time basis in September of 1973, became full time on January 1,, ` 1975. Mr. Haluza is " 65 years of age and hasencountered some. health problems leading to a disability; that will no longer aft,6w him- to ' perform` his work and be employed by the City of Eagan. Mr:, Haluza has asked that his resignation be effective` December 1 , 1980 to allow Mr. Haluza to draw his, social security. The City .,Administrator will pursue a replacement for Mr. Haluza. " ACTION TO BE CONSIDERED ON THIS MATTER:" To accept the resignation of Mr. Haluza and direct the City Administrator to pursue his re- placement. JPK PARK AWITION M Final, Plat Extens :on of Time For JPK Park Addition -- A re- quest was received from Mr. J.E. Parranto, representing JPK- Company asking the City Council to extend the time , for final .plat of the JPK Park Addition. The City Council may recall that this is a replat of Cedar' Grove #2, Lot 19, Block 8, for the Nicols Square Shopping Mall . According to Mr: Parranto,. the final, plat should be ready shortly. The final plat for JPK Park Addition should be completed 'by, January 16, 1581; and therefore the extension of time for the JPK Park Addition ,is for a thirty, day .period of time. ACTION TO RE CONSIDERED QN THIS ,MATTER:, To "approve a thirty day extension of time for the final platting of, JPK Park Addition. i Agenda Information Memo December 12, 1980 Page Ten p FEDERAL REVENUE 'SHARING. GENKML FUND BUDGET1981 A. Use of Federal. Revenue`: Sharing Fdoft 'and 198-1 General Fund Budget -- Action was taken, previously, by the. City ;Council to esta' blish a publics hearing. , for the December. 16, 19.80, City Council for the, purpose of receiving public comments for the use of Federal Revenue Sharing Funds during 19$1. .' . Included as a part, of the public hearing notice, the City .provided. informat on,-on the proposed budget for the general; I fund., water fund, , sewet fund, ',park acquisition and development fund and fire relief fund, in addition to the Federal Revenue ' Snaring Funds.- The f6 Lowing is a ` break.down of the proposed budget for the 'City of Eagan in 1981 : General Fund 42,679,740 Water Fund: 705,000 Sewer Fund: 73$,600 Park` Acqusition &` Developrnentmd 17,{T00 Fire Relief. Fund 31,259 Federal Revenue "Sharing Fund 115):000 b -TOTAL, This amount does not include any of the., public improvement/debt retirement funds,. A public hearing to, receive 'public comment on the use of Federal .Revenue Sharing Funds during- : 1981 isrequired by rules as printed in the Federal Register. The City Administrator will provide a amore detailed breakdown . of these ;various funds as. a part of the Administrative Packet on Mp4ay. ACTION TO BE CONSIDERED t3N THISMAT'T`ER: To approve or deny the use of Federal Revenue Sharing Fonds during -1981. as' well as formally set the . budget for all other 'funds as ",listed . for adoption of the 1981 Budget. PROJECT #240 B. Imp. Project #240 for. Reassessment of Storm Sewer and Street Improvements to the- 'Fish Loire Area and Drexel Heiihts Area -- A public hearing was held ' earyly this fall to consider the approval of assessments for Project ##246, Drexel ;Heights street and storm .sewer installation. Due to increased'.-subdivision ` work in the area of Drexel Heights, changes' ;in the ' r.igina.l scope of the; project and the ' necessity to expand the. asssessment, area to include addi- tional parcels for assessment purposes,. it was the recommendation t , Y NO, Voir iF' "f Agenda `'Information Memo December 12, 1980 Page Eleven of the staff that '.a reasssepsmeAt .hearing '.be held to consider the street and "storm sewernstallat -on" rfor Drexel Heights. This- pro- ject was small in area but CbmplY x in 1cope: 'Therefore,; the Director of Public Works had prep�ir d ". . Me-mora;ndum similar to the report wcompleted for -PrOJect #241 Vat s the history, deter- mination of benefited property, and prap3sed, sssessment` with certain attached exhibits which' 'prcivide ' a4dit ons'1 background for the re- -assessment hearing. A copy of this memorariduM is..•enclosed on pages 1 through WWI ACTION TO BE -CONSIDERED, ON . "19MAT',E$tt To approve or deny the rea sessmen of Pro ject #240 'es ,preaented: 47 x .. ,r mow` d i S • TO: Hi=rC =_-LE ?.1AYOR AND CITY COUNCIL C/O Tl;-�.LAS L. HEDGES, CITY ADP:IINISTRATOR TH „_^.S A. COLBERT, DIRECTOR OF PUBLIC WORKS 8, 1980 SUOJEC' 210 REASSESS!.= HEARING - DECEPEER 16, 1980 The follow'_.rg information is provided for consideration of the scheduled re- assess:^ert Nearing on December lb, 1980, pertaining to the Drexel Heights street and storm sewer installation. History On April 5, 1978, a petition was received from Par. Ralph Wohlers, General Partner 3f Pilot Knob Properties requesting the installation of streets with- in the Drexel Heights Plat and the Pilot Knob Heights 5th Addition. Sanitary sewer, watermain and services had been installed in Drexel Heights in 1975 under PrDject 154. On May 2, 1978, the Council received the petition and ordered the preparation of a feasibility report for streets and utilities within the Pilot Knob Heights 5th Addition (Project 239), streets within the Drexel Heights Addition and a storm serer outlet for Fish Lake. The final plat for Drexel Heights was also • approved. The report for Project 240 combined the Drexel Heights street construction with the Fish Lake storm sewer outlet. The report was prepared by Bonestroo, Rosene, Anderlik and Associates, Inc. on May 16, 1978 and submitted to the Council on May 16, and the public hearing was scheduled for June 20,1978. On June 20, the City received a petition dated June 7th from 88 people opposing the stcrm sewer outlet from Fish Lake. At the Public Hearing for Project 240, the Fish Lake Outlet was deleted for further study and the streets for Drexel HeiChts sere ordered in. The estimated assessable costs contained in the re- port for Drexel Heights streets was $31,7000.00. Froject 240 (Drexel Heights Streets) was combined with 3 other projects under Contract 240A for bidding purposes; Project 239 (Pilot Knob Heights Streets), Project 233 (Highridge Terrace Street), and Project 243 (Neil Armstrong Blvd. Street.). On September 19, 1978, plans and specifications were submitted to the Council and the bid opening was set for October 23, 1978. On October 25, a letter was sent to the City with copies to all affected parties informing them of the re,-sed costs based on actual bids received. The letter indicated that the bids mould be considered by Council on November 2nd and subsequently awarded if no objections were received. A copy of that letter is attached as Exhibit The bids were subsequently presented to Council on November 2, and the cOntrac+ .,,,as awarded to McNamara Vivant in the amount of $113,030.00. The • engineers estimate based on plan and specification quantities was $104,000. 17 CI' CF REAS E S!.TNT HEARING - DECu.!EER 16, 1920 16, 1980 /'- ""`j The com-letion date stipulated in the specifications for Contract 240A was July 1, 1979. However, during the winter of 1(I72/79, the Public 1'Iorks ":Iain- tenance Division experienced several problems with the existir4 utilities in the Pilot Knob Heigh - -s 4th Addition. There were several water-main breaks, se:,;er back-ups and severe trench settlement. Aster televisir�7 the lines, it became aF7,arent that poor workmanship by the utility contractor was the ca..se. The staff then investigated and found that the same contractor had installed the utilities in the Drexel Heights Plat in 1975. 'Ne Shen ordered those utilities to be inspected by televising because of the pending street i=rovement. On June 26 and 27, 1979, Clearwater Research televised all lines and found several sections of de`_'ective utilities requiring corrective repair work. Staff then estimated the corrective work required and solicited bids for emergency repair work. On August 21, the Council authorized Fred- rickz-n Excavating to perform the necessary work. At this time, it became apparent that the street contractor would not be able to ccmplete his work during 1979, and his completion date was extended until August 1, 1980. Because of the experienced and anticipated cost increases of concrete and oil due to the one year delay, Change Order ,#2 was approved providing for an estimated $6,900 increase to Drexel Heights street construc- • tion. At the time of Preliminary Plat approval for Drexel Heights on March 7, 1972, it was a-Troved with the condition that the Dresden Ct. cul-de-sac beconnected to 9estcott Road. This requirement was corrected on the final plat. Due to the quick progression of plat, feasibility and plan approval, this connection was not incorporated in the approved plans and specifications. Subsequent",-, an additional cost of approximately $3,833 was spent to construct the streets acc3rdin5 tc final plat conditions. Be.^_a•a e of slope easement problems associated with the location of the road ad, acent -o the Harvey Braun property, the roadway had to be shifted to the east requirin5 reali7nment of affected catch basins and man holes incurring ad,di'ional ,costs of approximately $1,700. Also, during construction of the roadway in Drexel Heights, there were soil and bar::: stability problems that were encountered that required additional priDr to completion of an acceptable street. This accounted for approx- imately "I11,000 of additional costs that should have been originally performed by the developer. Approximately $7,000 was expended under the contract to pro- vide the necessary boulevard restoration to prevent erosion upon completion of the pr-,,'ect. It is my understanding that this additional grading, soil cor- recti-_-_ and stabilization met with the developer's approval. Determination of Benefited Property Diring the emergency utility correction work, it was necessary to obtain a temporary construction easement from the Henry Braun property immediately ad- ,jacent to the .rest edge of Drexel -Heights. During the acquisition of this easement, Henry Braun negotiated to purchase Outlot A from the City for $3,300 which was subsequently combined with his existing parcel and replatted into CITY OF FA;IAN PRCjECT 240 REASSES2.ENT DARING - DECE?.!BER 16, 1980 DEC-71-ER 1'c. 1980 PAGE T.HRE • Braun Sunrise Addition (See attached Exhibit"B"). Final plat approval was October s, 1980. Normally, when a parcel of land is subdivided providing for additional lots onto an existing improved street, the City requires payment of ar equivalent street and/or utility assessment for the benefit received as a condition of approval. Because this street project was just being co-mpleted, it was felt that a fair and equitable method of assessment would be to include it with the Drexel Heights 240 project final assessment hearing. Harvey Bra- n's property (Parcel 010-52) lies immediately north of Braun Sun- ri-7e.Addition and immediately west of Drexel Heights with 286.63 feet of frontage on the newly constructed Drexel Court. At the time of the final assessment nearing on September 24, it was felt that this frontaize equaled three lot equivalents of an average front footage of 95.5 feet. (Exhibit ""' ) Therefore, the three lots in Braun Sunrise Addition together with the three lot equivalents of Harvey Braun was added to the 24 platted lots in Drexel Heights for a total of 30 benefited lots to share equally in the total improve- ment costs. These were computed to be $3,875.66/lot for the September 24 final assessment hearing. Proposed Reassessment Upon revie-,,. of the costs comprising the final assessment amount to be spread over the 30 benefited lots, uncommon costs attributable to the development of Drexel Heiz-hts Addition alone were found. In addition, although Harvey Bra,_,n's parcel (011-52) has 286.63 feet of frontage, he would not normally have been assessed due to it being an adjacent development unless access were taken and sub- Sequent benefit derived. A field investigation revealed that Parcel 010-52 has two active access drives; one at each end of his property. The middle frontage has a ver;; steep topography limitirc potential future access. It has now been deter--tined that there is only two lot equivalents of benefit received from Drexel Court. Due to the fact that both Braun parcels would normally be assessed a per lot residential equivalent for a normal 32 foot residential street, the quantities to construct such a street were multiplied by the unit costs of this contract to determine the residential lot equivalent assessment rate. All extra costs (grading, bank stabilization, restoration control staking,_ etc. ) was appro- priately applied against the 24 platted lots in the Drexel Heights Addition. This has resulted in the proposed reassessment role providing for a per lot assessment of $2,550.65 for each of the five Braun lots/lot equivalent and $ 4,467.58 for each of the 24 platted lots in Drexel Heights. Summary Even though the final assessment costs greatly exceeded those reported in the original feasibility report, the developer of Drexel Heights was properly noti- fied of the increase costs associated with the bids received prior to contract award by Council action. Several of the remaining additional costs were re- • quired by the final plat of Drexel Heights, additional grading and restoration performed for the developer and a delay in the project due to the emergency re- pair work required on the existing utilities within the plat. 19 E?JiIBIT "A " • October 25, 1978 City of Eagan 3795 Pilot Knob Road Eagan, ?Minnesota 55122 Attn: Tom Hedges Re: Various Street Improvements Improvement Project No. 240A File No. 49105 Gsatlemen: Following is a cost split of Improvement Project 240A based on bids received: Area Cost Residential Equivalent Highrid,ge Terrace $1,140.00 Neil Armstrong Blvd. 28,380.00 Denmark Avenue 12,300.00 $6,957.00 . Drexel Heights 71 ,210.00 Total. .......$113,030.00 To determine an estimated cost for assessment purposes, 20% must be added to the above costs. 2- The The project will be considered for award on November ;', 1978 and will be awarded at that time if there are no objections from involved parties. Yours very truly, BONESTR00, RCSENE, ANDERLIK b ASSOCIATES, INC. Reith A. Gordon KAG:mb cc: Tom Carner Ralph Wolters Bob Steinhoff • 2v L'1 J l_ J _� V7 �0,srlH y 3% a Z 14AMvGY �2Av>{ s s J `u o Z C -Z ExISriN 6 ,{ 44'.5C: 'f 767-c v4 fEEK2Y /32AVNi4 26 w a v hic _ — ' L 17.32 9 92 �e .9 N O"2429 w .►� �� - ae _ sem::«, -- - �� ,� g6,- 353 ' N .. 2 5 cl) r O _ C30 52 N � t4o 96`9 o i O � •r ; .1 z N N N N N Z IZZ (D c+ m (D • C] N C ! ! FJ C] (D O y w O C F = k --3 It c+ c- a 'i (D (D ^> a N N• 7i (D co F-' c+ (D O (D (D ..: � :J �C• CY LTJ � c'- F+. O c+ cr fi C c+ Cq i m (D (D c+ a u W �O O Da ON -Q W co a (D N a` N O w w 3 a w O H O O z C (D CIL rQ \,O O ONIt 0 ca VI ON W N iV O r c+ Oa Vt x T\) w (D _ d c oma N O -r- (D(D It N N N O L* ti - O O CO ^ 7 y� �1 W W W x ON O + -3 n . FJ n N O N 0a T W \.O + W Z- r-' F- i d ~ Xl- 006 N N tr1 N H O 0 y � oa � j EXtIEIT "D • CONTRACT 240A OVEREEAD COST ANALYSIS ( ro °e 233 - Highridge Terr. , 239 - Pilot Knob Heijhts 5th) (Pro,`ect 240 - Drexel Heights, 243 - Neil Armstrong Blvd. ) Prep. ofPlans & Specs (6.234% of Contract Bid-$113,030) $ 7,046.29 Field Engineering, Staking, Inspection, etc. 18,153.:3 Legal ( 1.20 of Contract ?aid $113,030) 1,412.S8 Administration ( 2.0% of Final Constr. Cost $147,183.23) 2,943.66 AsBuilt Flans (0.25" of Contract Bid - $113,030) 282.53 Bonding Costs 344.08 h1a aerial & Density Testing 341.2 Auditor 195.1 ' Advertisement for Bid Costs 82.72 pus ,e_1aneous 185.io TOTAL OVERHEAD COSTS $30,993.07 % of Total Construction Cost of $147,183.23 = 21.065 Extraordinary Costs Incurred R.L.S. Control Survey (Drexel Heights Only) 2,931.00 % of Total Drexel Hts. Construction Cost of $91,418.34 = 3.21% TCTAL DREXEL HEIGHTS OVERHEAD 21.061 + 3.215 = 24.27% 24.27% x $91,418.34 = Q22,187.23 Bond interest Costs 5.61% of Construction Costs + Overhead Costs + Extra Costs 5.615 x (91,418.34 + 19,252.70 + 2,931.00) _ $ 6,373.07 • 1 > N Ro N F N N p, ~O ° r cr ~ x c+ ✓• O O P. ,I) H. C� N x O c+ O y Fl W b n c+ CD " W t-+ C7 � CD 0 P. � 0 lD ? O O n c+ (D 1- 7 5 j� w N O 1 C+ „1 J Z U)J i N N d` 0 w NJ 1 , BOJ a 00 O 00 O O O O p Z O f �{c {y3 (D c+ ca N oq� ! X (D co (D C+ rn o 0 0 0 o o o �z - 0 C� 0 C+ a n cn i O ti i i r N N N N N N O a r3 � W N VT W rQ LD OOL ON "Q 03 O O Oc} Vi ON � t x x (D 'C Agenda Information Memo December 12, 1980 Page Twleve a; FINAL RESOLUTION -- CARSON PIRIK SCOTT.,& COMPANY A. Final Resolution for I. R. Finanicng for Carson Pirie Scott & Company --- Assurance has been given by Mr. Bill Taylor, providing outside legal counsel .for Carson Pirie Scott & Company, that Carson Pirie Scott & Company is planning to appear and ,-will request action to approve the final resolution for their plant located in Eagan. As a I bit I of history, the request for final resolution` has been presented on several previous agendas; however, due- to various legal problems incurred by the counsel representing;' Carson Pirie Scott & Company, the request for final .resolution.' has been delayed Most of the questions asked by the City Council at recent meetings were answered by Mr. Taylor and provided in memorandums prepared by' the City Administrator. At the ;last City Council meeting, two (2) questions were raised concerning ` the ownership of the project and the lengthof time allowed by state statute for temporary' financing. . Please _refer,, to the letter from the City Administrator to Mr. Tayor, enclosed on pages , ;'7 through, �t As a result of the letter, the City Admi.nisf rafo wr as assuret�&t Carson Pirie Scott & Company is now the project owner and will secure the financing as originally anticipated. The r,question regarding tem- porary financing is somewhat,, unclear; however, Mr. Taylor has indi- sated that there is a method under federal legislation that will allow Carson , Pirie Scott 'A Company to proceed with a three ( 3) temporary financing.. The City certainl.y . has no objection to the length of time for temporary financing as long as it is legally accepted by the Securities Commissioner and the : private placement is secured by Carson Pirie Scott & Company or a financial- institu- tion once the temporary financing date "expires. The office I of the City Administrator has ;received a revised agreement, extract of minutes for the anticipated . action .:of the City Council and all other documents pertinent to the final resolution. ' Mr. Taylor was asked by the City Administrator 'to abmit a letter of clarifi- cation regarding these issues and any ' otherpp ertinent information the City may need regarding the € _nal resolution. This letter is enclosed oni pages ," tkrough A representative of Carson Pirie Scott '& C-ompany wi.l'1 be_ answer any, question the City Council may have at Che meotiog " on Tuesday. Based on the information' received', it is Apparent that the request for final resolution is in order for. consideration.," ACTION TO BE CONSIDERED ,ON THIS A'l`TIR . To approve or: deny the final resolution for $2,500,1000'' of, industrial development revenue note private placement as presented" by Carson Pirie Scott and Com- pony. Agenda Information Memo December 12 ,-- 1980 Page Thirteen '' ' The enclosed letter` with the revised draft of excerpts from minutes was received this :morning ,n the office of the , City Administrator after dictating the Orevious paragraph. Therefore, a` specific answer to the length of time to be considered for temporary financing of the industrial revenue note is addressed in answer #1, in the enclosed letter, along ,with additional questions that have been asked by this office which have also been addressed. Items 1 and 2 pertain to the most recent questions by the City_. Council , while items 3, 4 and 5 were asked prior to the last City Council ;meeting, at which time the City, 'Administrator did relate this information to the City Council . BEA BLOMOuiST THOMAS HEGGES Ma,,.:: i CRY ADMR+UTRATOR THOMAS ELAN CITY OF EAGAN A KE G� MARK .;F RANTO CITY iiY CLERK JAMES A SMITH THEODORE NACHTER: 3795 PILOT KNOB ROAD COJ% M v[3E 5 EAGAN. MINNESOTA 55122 December 5, 1980 PHONE 454-8100 MR WILLIAM M TAYLOR CHAPMAN & CUTLER LAW FIRM 111 W MONROE STS. CHICAGO IL 60603 Re: Carson Pirie Scott & Co. Project, $2,500,000 Industrial Revenue Mortgage Dear Mr. Taylor: The $2 ,500,000 industrial development revenue mortgage request for final resolution for the Carson Pirie Scott & Company project is scheduled for review by the City Council at' the December 16 , 1980 City Council meeting. At least two (2 ) questions were raised by the City Council after conducting a preliminary review of the request for final resolution at the December 2, 1980 City Council meeting. The first question relates to the length of time requested for temporary financing. It was brought to the City' s attention that , under M. S.A. 474.07 , the length of time allowed for temporary financing is twenty four ( 24) months . The City Council would like assurance that the short term financing is to be no longer than the twenty four month maximum as allowed by state statute. The second item relates to which company will own the project and execute the agreement note mort- gage. It has been the City of Eagan' s understanding that the pre- liminary resolution and all other documents were with Carson Pirie Scott & Company. The financial statements of Carson Pirie Scott & Company have been reviewed and considered for approvals to all considerations to date for tax exempt mortgage financing regarding the Carson Pixie Scott issue. The City was informed at the December 25 1980 City Council meeting that a subsidiary of Carson Pirie Scott & Company, 950 Laidlaw Avenue Corporation, would be the title owner of the project and, therefore, named in the agreement note and mortgage . The City would like for Miller & Schroeder Municipals Inc. , in care of Mr. Bill Goblirsch, to review the financial state- ment of 950 Laidlaw Avenue Corporation prior to any further con- sideration of the tax exempt mortgage financing. Please contact Mr. Goblirsch and coordinate all financial documents with him as soon as possible if further consideration for the final resolution is to be given at the December 16 , 1980 City Council meeting. 2 � City of Eagan/William M. December S, 1980 Taylor Page Two ,i A letter from your office explaining the reason for owning title to the project and also plans for future subsidiary assuming the market does not improve within twenty financing would be most helpful . This letter must be received rior months , day, December 15 , 1980, to assure proper review by the Cit Coo Mon Council . If you have an Y nci1 . to contact Y questions regarding this matter, please feel free me at any time. Sincerely, Thomas L. Hedges City Administrator TLH/hnd cc : Mr. Bill Goblirsch, Miller & Schroeder Municipals In Mr. Paul Hauge, City Attorney c• LAW OFFICES OF T.E7C'^RE S.CHAPMAN(1877-1943) H EN Rv E CUTLER;I879-1969> CHAPMAN AND CUTLER JRARICHARD FISHER`,JR. MICHAEL J.O'ROURKE WENDY C.BINDER ELAINE BAYUS PAUL W.CUTLER HOWARD H.HUSH,JR. 111 WEST MONROE STREET • CHICAGO 60603 MARK J.KNEEDY AMORY CUMMINGS R^BERT S.BU PROWS LARRY ELKINS AREA 312 726-6130 TWX 910-221-2103 STEPHEN F.STROH MICHAEL J.FEE H� FE-EP V.FAZIO ROBERT V.LEWIS TELEX 206281 JAMES E.SPIOTTO BARBRA GOERIN JOHN N.VANDER VRIES DAVID G.WILLIAMS RAYMOND A.FYLSTRA SUSAN E.ROL LIN _1.0HN A.CUTLER DANIEL J.KUCERA LYNN LELANDCOE DANIEL P.COONEY BRI�CE L.MOORE RICHARD H.GOSS RICHARD A.WI LFONG MARTHA MAHAN HAINES CEY W.WATTS C.ROBERT FO TZ TIMOTHY V.McGREE RANDY P.EVANGELIDES JOHN A.MORRIS JOHN M.DI XON TERENCE T.O'MEARA TONY R.STEMBERGER FRANK J.MOONEY KENNET H R.M.THOMPSON RICHARD J.SCOTT PETER G.GALLANTS N EEHN LANDIS JOHN AWARD ROBERT P.DAMS GEORGE D.BUZARD MANLY W.MUMFOR.D MICHAEL W.FORD ANN ACKER NANCY J.CLAWSON WILFREO A.MOLDERMAK ER VOYLE C.WILSON CHARLES D.BOUTWELL ERIC F.FESS WILLIAM C.WELCH RICHARD A.MAKARSKI JAMES E.LUEBCHOW GARY L ROBERT W.SHARP EDWIN S.BROWN ROBERT W.OLLI S,JR. CHARLESS LL..JA RIK GEORGE D.RAM SPECK STEVEN L.CLARK TIMOTHY E.PICKRELL FOREST R.LOM BAER,JR. PETER P.COLADARCI HARRY P.LAMBERSON PAUL C.MARENGO DEBORAH G.PAGE JAMES N.ZARTMAN JAMES E.JENZ MARK P.COHEN BRENT W.TODD Pi CHARD G.FORWARD TERRENCE M.WALSH. STEPHEN H.PUGH,JR. KENNETH G.GOLDIN JOHN 9,HUCK PAUL C_KOSIN VINCENT M.AQUILINO WARREN J.BRESLIN DAVID TALLANT,JR. RONALD E.ROKOSZ RICHARD G.SMOLEV PATRICIA M.CUPTN ER DAVID H.NELSON ROBERT C.NASH NEIL R.MANN. ANDREA G.BACON DONALD.H.MURPHY JAMES R.RICHARDSON DANIEL L.JOHNSON JEFFREY A.BURGER PHILLIP H.HOLM EARL T.BYRON MICHAEL P.BARRETT SUE A.PADGETT HERBERT H.HANSEN THOMAS A.W INGADER SCOTT A.BREMER ANTHONY J.CERAVOLO THOMAS W.HEENAN STEVEN N.WOHL CHARLES W.NAUTSRICHARD J.FOGLIA LEE A.BOYE TERRY A.MCI LROY CHRISTINE H.ROS SO JAMES F. MCDONALD KENNETH _.VAUGHAN GEORGE P.SU LLIVAN,JR. December 11 ROBERT D.AICHER DEBRA K.SPIKER SAMUEL J.HENRY JOHN L.TUGHY 1980 RICHARD R.PERLMAN HAROLD C.SUTTER WILLIAM M.TAYLOR CHARLES S.HUGHES RICHARD L.DCREMER FREDERICK V.LOCHBIHLER JOEL R.LEVIN RICHA R D A.COSGROVE SHEILA E.SCHLITTER MICHAEL G.MCGEE RICHARD A.WOH-_LEBER Charles T. Reice Paul H. Hauge Carson Pirie Scott & Co. Paul H. Hauge & Associates, P.A. Joseph S. Ehrman William M. Goblirsch Sidley & Austin Miller & Schroeder Municipals, Inc . Thomas L. Hedges Anthony Moore City of Eagan The Northern Trust Company Louis M. Rawls, Jr. Bank of the South, N.A. Re : City of Eagan, Minnesota $2,500,000 Industrial Development Revenue Bonds (Carson Pirie Scott & Company Project ) Series 1980 Gentlemen: Enclosed for each of you is a revised draft of excerpts from the minutes of a meeting of the City Council evidencing a- doption of a resolution authorizing the issuance and sale of the bonds and execution by the city of the Agreement, the Bonds and the Pledge Agreement. This copy has been lined to show changes from the draft submitted on November 26, 1980. In addition, multiple copies have been forwarded to Mr. Hedges for consideration by the council at their regular session scheduled for December 16. This will confirm for Mr. Hedges several recent tele- phone conversations as follows: 1 . The Bonds are not intended to be authorized by the City as a temporary loan evidenced by notes due in not exceeding 24 months pursuant to §474 .07 a9 CHAPMAN AND CUTLER Page 2 December 11, 1980 of the Minnesota Municipal Industrial Development Act, but rather §474.06 (which permits bonds to mature at any time within 30 years ) with the permanent financing being authorized pursuant to §474.03(11) which authorizes any municipality to refund bonds previously issued under the act. 2. Notwithstanding the post script in our letter of November 26, Carson Pir .e Scott & Company will own the Project and will ex( cute the Agreement, the Direct Obligation Note and the Mortgage. 3 . The Bonds will be prepayable pursuant to section 5 .1 of the Agreement in the event of a prepayment of the Note in accordance with section 4 of the Agreement. 4. In the event of adverse market conditions existing at the time of maturity of the bonds preventing the permanent financing, then the purchaser of the bonds, Bank of the South, N.A. will look solely to the Company for payment of the Note which results in payment of the Bonds. The bondholder will not be looking to the credit of the City. 5. The City would not be in default under the Agreement if by reason of a change in law or other similar circumstances the City was unable to issue the re- funding bonds which bear interest exempt from Federal income taxes. call. If you have any questions, do not hesitate to give me a Very truly yours, CHAPMAN AND CUTLER B Y: William M. Taylor WMT:wlh Enclosure 30 s Agenda Information Memo December 12 , 1980 Page Fourteen FINAL RESOLUTION - ECON 'LABORATORY A. Final Resolution for I. R. Financing for .Econ Laboratory -- A request for approval ofa final resolution for a $5,500,000 in- dustrial development revenue mote between the City of .Eagan and Economics Laboratory is in order for consideration. All information related to consideration of the final resolution has been received by this office and, therefore, the final resolution is in order for consideration. Enclosed' on Ipages ,, through is a copy of a letter from legal counsel for-Economics laboratory, nc. providing a 'detailed and factual account of why and how Economics Laboratory, Inc. , is proposing temporary financing for the $5,500,000 industrial development note. Not to be construed as a recommendation` or influence on City Council decision on this matter, this letter clearly represents the explanation the office. of the City Administrator has requested to allow factual information to be provided to the City Council for decision making purposes. The 'letter is explicit and, therefore, there is no additional nara- tive to be provided unless any member of the City . Council has a question they would like further researched prior to the meeting on Tuesday. In 'addition, if any member of the City Council would , like to review the annual report for the ,year ended June 30, 1980, please feel free to contact this office. A copy of the most recent financial statement occurring approximately three (3) months prior to the date , of the annual report was supplied to each member of the City Council when the preliminary resolution wars considered. ACTION TO BE CONSIDERED ON THIS MATTER; To ; approve ;or deny the request for final resolution for $5,500,000 of industrial develop- ment revenue note for Economics Laboratory,` Inc. 031 El J ECON O M I CS LABO R ATO R Y, t NC. OSBORN BUILDING, ST. PAUL. MINNESOTA 55102 LAW DEPARTMENT TELEPHONE: (612)293-2233 December 8, 1980 TWX (910)563-3739 TELEX: 297427 Writer's Direct Dial Number: 612-293-2281 Mr. Thomas Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 RE: Industrial Development Note (Economics Laboratory, Inc. Project) Series 1980 Dear Mr . Hedges: This letter is being delivered to you in response to your request for an explanation of the general framework of the . anticipated Economics Laboratory, Inc. financing project. I understand that you expect to use this explanation for your own analysis of the proposed financing, for analysis by financial or other consultants retained by the City and to provide an explanation to individual members of the City Council. Over the past several weeks, we have discussed a short-term issue due in not more than 24 months to be repaid with the proceeds of a subsequent industrial revenue bond sale, also to be 'authorized in the future by the City of Eagan. This procedure is authorized by Minnesota Statutes Section 474. 07 , is believed to be financially advantageous at this time, and is the form we expect to ask of the City. The concept is to issue one note now for a period not to exceed two years, during which time construction will be substantially completed. At or near the end of the two-year term, "permanent" financing can be arranged. The "permanent" financing will require a new "final resolution" of the City Council and will essentially repeat the documentation and closing paperwork. The structure of the initial financing is shown on the attached "term sheet. " The documents pertaining to the transaction consist of a Note Purchase Agreement and a Loan Agreement, copies of which have been provided to you by bond counsel. Enclosed with this letter are three copies of a draft -3 Mr . Thomas Hedges Page Two December 5, 1980 Contingent Purchase Agreement between Economics Laboratory and Morgan Guaranty Trust Company. That agreement provides that upon the occurrence of certain specified events, Economics Laboratory will purchase the Industrial Revenue Note back from Morgan Guaranty Trust Company. Because the City of Eagan is not to be a party to this agreement, I am uncertain as to whether you are interested in detail in it. However , I believe that the existence of the agreement does serve to indicate to the City that Morgan Guaranty is looking to Economics Laboratory and its financial stability for repayment of the loan, and is in no way relying upon the City of Eagan in that regard. The terms of the Loan Agreement and the Industrial Revenue Note will provide that the note may be prepaid at any time prior to its maturity. If not so prepaid, the full amount of the note will be due and payable on maturity. There is no sinking fund or other installment payment of principal due prior to the maturity date. It is expected that the note will be prepaid during the i next 24 months with the proceeds of a second Industrial Revenue Note which we expect to ask the City of Eagan to issue at that time. That second note will provide the "permanent" financing, presumably for a longer term and at a fixed rate. In the event that no such long-term financing is available at that time, Economics Laboratory expects to utilize the final five years of its current commitment from Morgan Guaranty to repay the initial 24-month note. In particular , the loan commitment under which Morgan Guaranty is buying the initial note to be issued by the City of Eagan is valid for up to seven years, rather than merely a two-year commitment. The rate structure is a floating rate, however , and we would hope to be able to obtain funds for longer than an additional five years during the initial two-year term. We would, therefore, expect to begin looking for those longer term funds within the next 12 months, so that they can be put into place before the expiration of 24 months. In this regard, we believe that for an obligation in the amount of $5 ,500,000, it would be advantageous to Economics Laboratory to have the flexibility to structure any such second or "permanent" financing to also include a balloon payment at the end of the term. We recognize that the City of Eagan is concerned generally that borrowers utilizing industrial revenue bond financing are in a position to necessarily liquidate those 33 0 Mr . Thomas Hedges Page Three December 5, 1980 obligations. We would hope, however, that the City would feel comfortable in relying upon the general availability of credit to Economics Laboratory, in at least the amount of the unpaid principal of any such bonds, for that ultimate repayment. As a practical matter , Economics Laboratory has for at least the past several years, maintained lines of credit for several times the anticipated principal amount of these notes for purposes of general financial flexibility. Recent financial statements of Economics Laboratory, Inc. are included in its Annual Report on Form 10-K, three copies of which are enclosed for your information. We will, therefore, appreciate some indication from the City of any additional constraints which it would expect to impose in connection with the anticipated second note issuance. We believe that it will be in our mutual best interests to work together to see that such a second issuance meets the needs of both the City of Eagan and Economics Laboratory. It is for that reason that we would like to be aware of any constraints which the Council now feels may be necessary. Should you need additional information, please feel free to contact me at any time prior to the anticipated meeting of the City Council on December 16. I also expect to be present at that' City Council meeting to answer any further questions which You might have. Very truly yours, ECONOMICS LABORATORY, INC. W� c9f W. & I G. W. Leimer Senior Attorney GWL/pb cc: Mr . Roger Winges William Archerd, Esq. Agenda Information Memo December 12, 1980 Page Fifteen f REZONING AND PRELIMINARY PLAT FOR PILOT KNOB CENTER B. Pilot Knob ; Associates for Rezoning from R-4to CSC and Pre- liminary Plat for Pilot' Knob Center -- A public hearing was held before the APC at their last regularly scheduled meeting on November 25, 1980 to consider a rezoning, preliminary plat and detailed site plan approval for Pilot Knob Center. The application submitted` is a request to rezone approximately 20 acres from R-4 Residential Multiple District, to CSC; Community Shopping Center District. The second application submitted is a request for preliminary plat which would consist of approximately 55 acres and contain ten lots and three outlots. The third application submitted is a 'detaled site plan for the first phase of. the 'Pilot Knob Center which would be built in its entirity as the first phase of development for the overall shopping center district. Action was taken by the APC to recommend approval of the rezoning; preliminary plat and detailed, site plan for the Pilot Knob Center as, presented. Enclosed on pages (�, through ' ' is a copy of report prepared by the City Planner wi.t comments rov ded b the D' p y erector of Public Works. For additional information on the action taken by the APC, please refer to those minutes, . -a copy of which is enclosed on pages —1 through S , ACTION TO BE CONSIDERED ON THIS ,MATTER; To approve or deny the recommendation of the APC to approve the rezoning,, preliminary plat, and detailed site plan approval for Pilot Knob Center.' A larger copy of the preliminary plat will be delivered to Council members with the Additional Information Packet on Monday. • CITY OF EAGAN SUBJECT: REZONING, PRELDIINARY PLAT, AND DETAILED SITE PLAN APPROVAL - PILOT KN^B CENTER APPLICANT: PILOT KNOB ASSOCIATES -RON LOCATION: S1 OF THE NW4, SECTION 15 EXISTING ZONING: CSC (CO11.1UNITY SHOPPING CENTER DISTRICT) AND R-4 (RESIDENTIAL MiJLTIPLE DISTRICT) DATE OF PUBLIC HEARING: NOVEMBER 25, 1980 DATE OF REPORT: NOVEMBER 18, 1980 .REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED The first application submitted is a request to rezone approximately 20 acres from R-4, Residential Multiple District to CSC, Community Shopping Center District. The second application submitted is a request for a preliminary plat which would con- si3t of approximately 55 acres and contain 10 lots and 3 outiots. The third appli- cation submitted is a detailed site plan for the First Phase of the Pilot Knob Ce* ter and would be built in its entirety as the first phase of development for the overall shopping center district. BACKGROUND As you may recall, in the past 18 months there have been several applications sub- mitted in this general vicinity for a proposed shopping center. The proposals were made by a different applicant and the proposed shopping center would have been lo- cated on the southside, of Duckwood Drive and would have access onto Crestridge Lane. The City Council denied this application because of the access onto Crestridge Lane and that the City thought the center should be located further to the north in the area zoned for community shopping center rather than combining a parcel that was zoned planned development and community shopping center. The present applicant has purchased the 55 acres which is to be platted and is pro- posing a community shopping center of 96,700 square feet as the initial stage of the development. The proposed center will be located north of Duckwood Drive and would have access to Pilot Knob Road and the existing Duckwood Drive. C010ENTS - REZONING The present parcel is presently zoned in two different classifications. The western 25 acres is presently zoned CSC, Community Shopping Center District. The eastern 20 acres which abuts the proposed alignment of Denmark Avenue is presently zoned R-4, Residential Multiple District. The applicant is requesting to rezone the approxito 20 acres from the R-4, Residential Multiple to CSC, Community Shopping Center Disbct, and combine an overall plan for a commercial center. According to the Comprehensive Guide Plan which the City has completed, but not yet officially adopted, indicates that the commercial area be extended to Denmark Avenue, which would provide a physical 3� CITY OF EAGAN REZONING, PRELIMINARY PLAT, DETAILED SITE PLAN - PILOT KNOB CENTER NOVEMBER 25, 1980 PAGE TWO barrier and divide the zoning districts at Denmark Avenue as a commercial area, and east of Denmark would be R-4, Residential Multiple District. Therefore, everything within the loop of Duckwood Drive north and west of Denmark Avenue would be the x; commercial district. Exhibit A presently shows the existing zoning of the subject parcel. COMMENTS - PRELIMINARY PLAT The preliminary plat consists of approximately 55 acres and contains 10 lots and 3 outlots. At the present time, the applicant does not have any plans for lots 1-4 of Block 1, which lie on the southside of the proposed alignment of Duckwood Drive. {. It is the staff's understanding that these lots would be marketed by the applicant for free-standing commercial businesses. They have, however, provided on Lot 4 in ti4 the southeast corner that this area be provided for a ponding area which will store some of the run-off created by the surfacing of the``shopping center. Lots 1-4 of Block 2, are proposed to be free-standing commercial businesses which would be sold in the future. Lot 5 and 6 of Block 2 is the proposed location for the First Phase of the Community Shopping Center. The First Phase of the Center would be located on Lot 5 and would contain 96,700 square feet. Lot 6 is the ex- pansion area for the Center, which could contain an additional 75,000 square feet. Outlot A is being reserved for future right-of-way for 35E. At the present time, this is the closest alignment Minnesota Department of Transportation could give for 35E. Outlot B is proposed to be a future street when the Center develops. The street would be dedicated to the City and would provide access to future commercial lots. Outlot C at the present time is being reserved, if the rezoning is approved, for additional commercial lots. The detailed site plan has been blocked off into k 8 lots. However, the platting would be an outlot and the subdividing of this pro- perty would be at the time, tenants or the use that has been better determined in the future. The applicant is proposing to dedicate the alignment of Duckwood Drive, which would be an 80-foot right-of-way and would be a 52-foot road providing access to the Center. On the west side of the plat, the applicant is dedicating one-half of the future right-of-way for Denmark Avenue. Denmark Avenue will be installed when development warrants the construction of the street. • Ordinance 52.07, Subdivision 14, Area Standards and Requirements for Community Shopping Center District, does not specify any lot size requirements. The lot sizes are basically determined by maximum coverage of 30% and providing all parking and ; setbacks requirements. This will determine the lot size, or size of building, which can be constructed on the lot. DETAILED SITE PLAN REVIEW The first phase of construction will be on Lot 5, Block 2, which contains 13.60 acres. The proposed building will consist of 96,700 square feet for a lot coverage of 16.3%. Phase Two, or the expansion to the proposed Center, would take place on Lot 6, Block 2 which contains an additional 4.1 acres, and proposed development of 65,000-75,0000 square feet. The lot coverage for the expansion would be 22%. w CITY OF EAGAN REZONING, PRELIMINARY PLAT, DETAILED SITE PLAN - PILOT KNOB CENTER NOVE."rBER 25, 1980 PAGE THREE The parking requirements for the First Phase of development would be 518 spaces. At the present time, the applicant is proposing 622 spaces, which is in excess of the parking requirement. The total Center, or Phase One and Phase Two, would contain approximately 171,700 square feet, which would require 891 parking spaces. The appli- cant has made provisions for 944 spaces. In reviewing the site plan, it appears the applicant has proposed 9 x 19 feet for parking space. Eagan requires 10 x 20 feet parking spaces. The proposed Center appears to be well designed. All ordinance requirements are met with the exception of 9 x 19 foot parking spaces. The ordinance requirement Is for 10 x 20 foot parking spaces. The proposed plan has a good internal traffic circulation in the parking lot. The applicant has also proposed employee parking ,,. and delivery service in the rear of the facility. It is the staff's understanding Z... _4 that the rear of the Center will be landscaped and the architectural design of the building will be carried through on the northside similar to the design on the south. All trash receptacles will be enclosed as part of the shopping center complex. The staff is concerned about how pedestrian access will get to the proposed commer- cial facility on the north. The applicant has stated if and when the Center develops, that they will provide a pedestrian access from the northside of the building whic would provide access to the facility to the north. If approved, the preliminary p and detailed site plan shall be subject to the following conditions: 1. The parking area shall be surfaced, and concrete curbing shall be provided in areas where the parking lot will not be expanded. 2. The plat shall be subject to Dakota County Plat Commission's and Minnesota Department of Transportation's review and comment, because the plat abuts County and State right-of-way. 3. The detailed landscape plan shall be submitted showing size, quantity and species of the vegetation being planted. The plan should also include areas which will be sodded and seeded.. This plan shall be approved by the City staff prior to final plat approval. 4. A detailed lighting plan shall be approved by the City staff. 5. $2,000 landscape bond shall be required and not released until one year after the landscaping has been completed. 6. A pedestrian circulation plan shall be approved by the City staff prior to final plat approval. 1.7. All other commercial buildings in the Center shall carry the same architectural theme as the First Phase of the commercial complex. L) 8. The City shall approve each phase of the development prior to issuance of the building permit. 9. All ordinance be met for all lots in the shopping center area. . .. nance requirements s3 8 CITY OF r.AG N RE 'dI`1G, PNET T:?T't RY^ PLAT, DETAILED SITE PLAN - PILOT KNOB CEi1TER NO`IE?,�'ER 25, 1980 J� 1 PAGE FOQR 10. The applicant shall install a pedestrian walkway to the Center to the ncrt'h if and when the Center develops. This pedestrian way shall be approved by the City. DCR/jac ENGINEERI'.d PEr ,."' 1�ATiQi1S 1. An 80-foot right-of-way will have to be dedicated for the proposed alignment of Duckvrood Drive. 2. A side-.�alk will have to be constructed along the northside of Duckwood Drive as a responsibility of this development. 3. A sidewalk will have to be constructed from Duckwood Drive to the shopping center. complex as a part of the responsibility of the development of the shopping center. 4. An on-site ponding/sedimentation pond will have to be constructed to a ponding capacity as determined by the Public Works Department. 5. A 75-foot half right-of-way will have to be dedicated adjacent to Pilot Knob Road. 6. Temporary intersection improvements providing for the pro-Der turn lanes will have to be constructed at the intersection of Pilot Knob Road with Duckr,00d Drive as a responsibility of this development. i � 3�' 0 T0: ADVISORY PLA?.?iING C01Z.1ISSIOA1, C/O DALE C. RUNKLE, CITY PLANNER FROM: THC','AS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: NOVI:,,2?ER 20, 1980 RE: PRELI"dINARY PLAT - PILOT KNOB SHOPPING CENTER. Public Works Department has the following comments to offer for consideration for approval of the above-referenced preliminary plat: UTILITIES Sanitary sewer of sufficient size and depthtohandle this proposed development is readily available at the intersection of Duckwood Drive and Denmark Avenue. It will have to be extended to the west along Duckwood Drive to service this proposed development. Water main of sufficient size and capacity is readily available at the inter- section of Krestwood Lane and Duckwood Drive and also at Denmark Avenue and Duckwood Drive. This "missing link" of trunk water main will have to be con- structed along the proposed alignment of Ducksood Drive in conjunction with the development of this plat. A sufficient internal water main distribution facility will have to be provided to insure adequate fire protection for this shopping center complex in addition to connections of future developments with- in this proposed plat. GRADING AND DRAINAGE This property is a continuous gentle slope from north to south. Trunk storm sever facilities to handle this anticipated development are readily available at the intersection of Duckwood Drive and Denmark Avenue. An internal storm water/sedimentation pond will have to be constructed within the limits of this proposed plat. The developer has indicated this ponding area to be located in the southeast corner. Internal storm sewer laterals with catch basins will have to be constructed along Duckwood Drive and within the internal parking lot to intercept surface run-off and direct it into the sedimentation pond from which it will enter the trunk storm sewer facilities ultimately draining into Fish Lake. Fish Lake has recently had its controlled storm sewer outlet con- structed during the Summer of 1980. STREETS Access to this proposed plat will be provided by the connection of the "musing link" of Duckwood Drive between Krestwood Lane and Denmark Avenue. The align- ment proposed has been reviewed with staff, and the degree of curvature is satisfactory for anticipated volumes and speeds of Duckwood Drive. A sidewalk along the north side of Duckwood Drive will have to be constructed to provide pedestrian access to this proposed shopping center. The sidewalk construction will be a responsibility of this development. Future sidewalk construction ex- tending north From Duckwood Drive will be provided as additional lots are developed. ! Because of the anticipated traffic volumes generated from this proposed use, a meeting was held with representatives of TIInDOT and Dakota County Highway Depart- ment pertaining to the impact on Pilot Knob Road, and also taking into considera- tion access to this property during the construction of I-35E. Some temporary 4o PRELIT.1I1IAh' PLAT - PILOT KNOB SHOPPING CENTER S NOVEI,TER 20, 1980 PAGE TWO widening will have to be performed on County Road 31 at the intersection of Duck- wood Drive to provide for the appropriate turning lanes required to handle the anticipated tra"fic volumes for this proposed shopping center until such time as I-35E interchange is completed. 11 DOT personnel have indicated that during the Summer of 1983, the permanent upgrading of Pilot Knob Road at the intersection of Duckwood Drive will be completed. This temporary intersection improvement until the permanent construction by 11nDOT will be the responsibility of this develop- ment. E_ASF.TNTS AND RIGHTS-CF-'NA`' An 80-foot public right-of-way will have to be dedicated along, the proposed align- ment of Duckwood Drive between Crestwood Lane and Den.-lark Avenue as a part of the plat. A 75-foot half right-of-way will have to dedicated adjacent to Pilot Knob Road.Sufficient drainage and ponding easements will have to be dedicated to in- corporate the proposed on-site ponding/sedimentation pond. The limits of these ponding easements will have to be defined after engineering calculations determine the required storage capacity. They will have to be dedicated prior to final plat. In addition, all typical common lot line drainage and utility easements will have to be dedicated. SITE PLAN • The proposed development of the site for the shopping center has been reviewed and no problems are anticipated with its proposed layout. A sidewalk is recommended to be constructed from Duckwood Drive to the center of the shopping center complex along one of the proposed medians along the major entrance to provide pedestrian access from Duckwood Drive to the shopping center. This should be constructed as a part of this development. I will be available to answer further questions-regarding this proposal at the Planning Commission Meeting of November 25, 1980. Respectfully submitted, Thomas A. Colbert, P.E. Director of Public Works TAC/jac 41 . z n! i ¢ FSI LLJ LAJ :r,,1• W d J W - • W In oozD F-� dam Q �. 0 CL W IE J U L Co - v Y :-�:}%vt%3w6.v�+:•+rvyyyy,'.,,::•.. ,•Yr,}.,:•�•f?. �r T•:••.;•:f•.v. V7 J •?%'•''••• ���'/i:•.•' ::.Y.SY•.:r.A jt,•i Y:.; 't:'; T-.f� ;, .r.;•:: .. 4::•.-Fi,Ir' '{'f{}i; '..: 'r tiY {{Crr•• :�. f O � ..Y...,fi�t}• rr;•:\... :. : Y r`?.r{r fl iY} Y.r' oe %.rte:::•.••.:,...:•.: 7_ fL:hfi. 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Ioil 74 I ! f —rt SUBJECT TO APPROVAL MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA NOVEMBER 25, 1080 A regular meeting of the Fagan Advisory Planning Commission was held on Tuesday, November 25, 1980, at 7:00 p.m. at the Eagan City Hall. Present were Chairman Harrison and APC members Turnham, Hall, Gits, Krob, and Wilkins. Dave Bohne was absent. Also present were City Engineer Rosene, City Planner Runkle, City Administrator Hedges, City Attorney Hauge and City Public works Director Colbert. MINUTES Upon motion by Hall, seconded Gits, all voting in favor, it was RESOLVED that the minutes of the October 28, 1980 meeting be approved. PILOT KNOB CENTER PRELIMINARY PLAT AND REZONING The public hearing regarding the application of Pilot Knob Associates for prelimi- nary plat approval, and site plan approval of Pilot Knob Center together with an appli- cation to rezone approximately twenty acres from R-4, Residential to CSC, Community Shopping Center, was first convened. The preliminary plat would consist of approxi- mately 55 acres and contain ten lots and three outlots and the detailed site plan would be the first phase of Pilot Knob Center north of Duckwood Drive and Pilot Knob Road. It was noted that there had been several applications in the past 18 months for a Pro- posed shopping center, part of which was to the south of the proposed location. The community shopping center first phase would be 96,700 square feet and it was proposed to zone 20 acres to the east from R-4, Residential Multiple to CSC,Community Shopping Center for future expansion. Mr. Ron Crank, an architect and general partner along with Kraus Anderson was present and reviewed the proposal. It would provide for a walk- way to the north if a commercial center develops there. He indicated there would be a need for only one pylon sign and there would be control of signing within the center. The president of the Crestwood Condominium Association was present as well as other owners in the area who asked questions with strong concerns about drainage and storage of water in ponds and in Fish Lake. There was also objection to another shopping center from one neighboring resident. It was noted that there may be a major retail store expansion to the east of the proposed center. Member Wilkins stated that 1560 acres are zoned for commercial at the present time and opposed any additional commercial zoning. There were no specific plans for the other parcels but the developer may construct an office building on Crestridge Lane next. There were concerns about commercial use along Denmark Avenue and how it would blend into the residential zoning to the east. The Developer indicated that it would be a controlled use. Krob expressed his concerns about the Comprehensive Plan Guidelines established but land .use plans show the area to the west of Denmark proposed for CSC use. There were also concerns about the 9 foot by 19 foot parking spaces not complying with the ordinance requirement and that the landscape bond should be determined by the Council• 49 APC Minutes • November 25, 1980 Page Two Also a pedestrian walkway was discussed and Mr. Crank stated that the lightin;; would be concentrated only within the parking area. He reviewed other centers done by the same architects. There were concerns from neighbors present about the change of uses north of the new existing townhouse and potential change of traffic pattern. There were strong objections to the rezoning. Hall stated the applicant is responding to Compre- hensive Plan approved by the Planning Commission and Council. Hall moved to recommend approval of the rezoning to comply with the City's Comprehensive plan and ordinances. Krob seconded the motion. All voted in favor except Wilkins who voted no. Krob then moved and Cits seconded the motion to recommend approval of the preliminary plat and approval of the detailed site plan as submitted subject to the following conditions: 1. The parking area shall be surfaced, and concrete curbing shall be provided in areas where the parking lot will not be expanded. 2. The plat shall be subject to Dakota County Plat Commission's and Minnesota Department of Transportation's review and comment, because the plat abuts County and State right-of-way. 3. The detailed landscape plan shall be submitted showing size, quantity and species of the vegetation being planted. The plan shall also include areas which will be sodded and seeded and this plan shall be approved by the City staff prior to final plat approval. 4. A detailed lighting plan shall be submitted for approval by the City staff. 0 5. An adequate landscape bond determined by the staff shall be required and not r released until one year after the landscaping has been completed. 6. A pedestrian circulation plan shall be approved by the City staff prior to final plat approval. 7. All other commercial buildings in the Center shall carry the same architectural theme as the First Phase of the commercial complex. 8. The City shall approve each phase of the development prior to issuance of the building permit. 9. All ordinance requirements shall be met for all lots in the shopping center area. 10. The applicant shall install a pedestrian walkway to the center to the north if and when the center develops. This pedestrian way shall be approved by the City including location. 11. An 80-foot right-of-way shall be dedicated for the proposed alignment of Duckwood Drive. 12. A sidewalk shall be constructed along the north side of Duckwood Drive as a responsibility of this development. 13. A sidewalk shall be constructed from Duckwood Drive to the shopping center complex as a part of the responsibility of the development of the shopping renter. `j Q 14. An on-site ponding/sedimentation pond shall be constructed to a ponding capacity as determined by the Public Works Department. • APC 'Minutes November 25, 1480 Page Three 15. A 75-foot half right-of-way shall be dedicated adjacent to Pilot Knob Road. 16. Temporary intersection improvements providing for the proper turn lanes shall be constructed at the intersection of Pilot Knob Road with Duckwood Drive as a responsi- bility of this development. 17. All applicable City ordinances shall be complied with including 10' x 20' parking spaces. 18. Trunk area assessment requirements of the City shall be complied with. All members voted in favor. I 1i j S : zt Agenda Information Memo December 12, 180 Page Sixteen WAIVER OF .PLAT - CHES' MAIC ADDITIONS C. Gabbert Development for Waiver of Plat to Subdivide Five (5) Duplex Lots for Single Ownership, Located on Lot 2, Block 4, and Lot 19 Block 3, Ches Mar First Addition, Lot 2, Block 1 and Block 2, ' Lot 4, Ches Mar 5th Addition, and Lot 8,` Block 2, Ches Mar East 1st Addition -- A public hearing, was held before the APC at their last regular meeting held on November 25, ` 1984, to consider an application for a waiver of plat to allow for the subdivision of five (S) duplex lots for single ownership of each unit. Action w was taken by the APC to recommend approval to the City Council. Additional information on the matter is enclosed in a> report pre pared by Mr. Kurt Ulrich, Planning ;Assistant,, on pages "� though Fax action that was taken by the APC, please re er to those ,. es, e copy of which :. ;is enclosed on page for' your reference. ACTION' TO BE CONSIDERED ON THIS MATTER: To either approve or deny the application for waiver of., plat as recommended by the APC. �F hhYci,,y `' wu.. q r , • CITY OF EAGAN SUBJECT: WAIVER OF PLAT APPLICANT: GABBERT DEVELOPMENT LOCATION: L2,B4,CHES AJAR 1ST ADDN,L3,B3,CHES AJAR 1ST,L2,Bl,CIx-7S MAF. SECTION 26 & 27,T27N,R23W - 5TH ADDN,L4,B2,CHES MAR 5TH ADDN,L8,B2,CHES MAR EAST 1ST EXISTING ZONING: R-2 DATE OF PUBLIC HEARING: NOVEMBER 25, 1980 DATE OF REPORT: NOVEMBER 20, 1980 REPORTED BY: KURTIS G. ULRICH, PLANNING ASSISTANT APPLICATION SUBMITTED An application has been submitted for a waiver of plat to allow for the subdivision of 5 duplex lots for single ownership of each unit. COISENTS 1. The lots in question currently all contain one double unit upon a single lot.• The proposal would split the lots to allow for single ownership of each housing unit and the accompanying lot. 2. Each of the newly created lots would meet all ordinance requirements appli- cable to an R-2 zoning designation. 3. The proposed lot splits would not negatively impact the character of the neighborhoods. 4. Other R-2 parcels in Ches Mar East were originally platted as duplex lots with single ownership of each unit. The lots in Ches Mar Addition were origi- nally platted as duplex lots with single ownership of both units. If approved, the waiver should be subject to the following conditions: 1. All property shall retain the existing drainage easements. 2. Each of the newly created lots must meet all ordinance requirements. 3. Separate water and sanitary sewer connections shall be provided to each housing unit. • J 7 0 CHES MAR FIFTH LOCATION MAP s( : a17 ♦( COe,f9 :hE3 • w.a ,o'ar1.ADO •'� SEC 27,T4. 21, 'RJ 2a '.ORTH ,- LJ swv. wt V4 o SCA-[ w r l' feet 5esr�-.a ire ass..;-.el ♦ \ o Cer t•s :r-r. ?tie .1.t5 p;otic cap narked •'Rtv 362i' - .,on,tes restricted access �•♦ to ~ O� b 'J r, < aWCi J_ � J- '---�� a. _ w <� a 0 0 9 n ♦esv-ac E • - e N89°a726�a 10, 2044540 F�� roao asa•.rxf = ze'^ v. 0� "s as•a as oo $ 8 ` J g i• - '�- 10000 .1000 t - z!A WC:r.ro OF so .,r[A%3 ` y a ars:G.14 of r. t .f r .1r[ ] b '7.0s "• ��J�O /�VD �>•f7� ♦aCo-.O. J I'4 >i DUNSERRY V --oc x p 511 0 $ o e� ao ao so> A CLIFF ROAD CO. R0. NO. 32 3 -- - 744 71 S69°47 26 E - S �Q RL 7:G 3p Sour" 1N OF so C.tFi 2G� ? \T a[ C00rEe^F S t W N S r v4 —� —,. - T 1048 CO MOM 1 traln,ge and uttlity easements are shorn thus: Document Number I hereby certify that this instrument was filed in the office of the County Recorder for record on this_day of , 197_, at —Ole lock Olelock _.M., and was duly recorded in Book of on pie r Being S feet in width, unless oth*zvlse Indicated, - County Recorder . ( and ad,oining lot lines, and 13 feet in width and r _ - Dakota County, Minnesota adjoining street lines, as shown on the plat. DELMAR H. SCHWANZ 5If . LAND SURVEYOR ~ • MAR FIRST ADDITION ' D I T I 0 N : C H E S rae.T. • IY'• 9r•Y Sa»�•a»I SEeE•YaYrCIE - �G,c CL[.aT.O».suu.CET y.taa-rs2s) The•ac 6t •QJ 99.2'27'34• '- _ The teat 6C SSar• ••'.r i� ••���.' ta1300 pR•9'SiE R:Ri DR:VE and -soas— it,.. . �. :'1 . ♦ , \ •700. flet sari- ,', -.11•.»[ ^T•. 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V Ally} Ls 's G 7 �" 'ff ,�x,} .•ti�7 - Z �Pai1 4114 f' `-i'ja _ 1. . �� i a_ F i, .0./? •. 7u i �,•a~J :, JL 1�JGj ryJ! �! �j,"k_y'?Ir4 ��I,��'`)i'-��`'�F zn� � � �i•' ,1. 17. ExtEPiloN ��'+.�y�,,�/'f,.�L uL J',1� f �-p.• •?' ' �. 'a '7 y� . (NOT INCLUDED .YJ"'^"'��JJ �n•.� +'' '' J�� i '�''�'3�+� �nj Q IN PARK) }`'viJ �•.Y�j':.'�L�� -� �- l.' j�i'I v•3 �J../L�iJJ3'i'f�7i_" S'fi:Y,j�Y i. } •''ry7��`+Sy:� ,�.�• _ ,,,,,� I ��:5. � ..�.. ��,,��� a.•�,�•�7f, •+43. _ ,fin, - q C �.•� �+'J7 � yds.: i .. v �. � •? '�.x�•i,-►'?► `z. i� �!' -�� ✓.�b ��,' Q�y'v-• � /;wrJ �• .� •4.1, .. ,r, �a? D g.M1 i yti'1� 3 '�.. >�� '�� lSt �-�•+ .4 �• �.� L'i ' -sr.r�Jf�!y. i^ •,.. t 'f � �. �s- �S .i�,3'� '�'jY•� d 1 jROSEMO N GABBERT DEVELOPMENT WAIVER OF PLAT The next public hearing regarded the application of Gabbert Development Company for waiver of plat to allow subdivision of five duplex lots for single ownership of each unit consisting of Lot 2, Block 4, Ches Mar 1st Addition; Lot 3, Block 3, Ches Mar 1st Addition; Lot 2, Block 1, Ches Mar 5th Addition; Lot 4, Block 2, Ches Mar 5th Addition; and Lot 8, Block 2, Ches Mar East 1st Addition. There were no objections. Dave Gabbert was present. Gits moved, Wilkins seconded a motion to recommend approval subject to the following conditions: 1. All property shall retain the existing drainage easements. 2. Each of the newly created lots shall meet all ordinance requirements. 3. Separate water and sanitary sewer connections shall be provided to each hous- ing unit. All voted yes. tp { a Agenda Information Memo December 12, 1980 Page Seventeen PRELIMINARY FLAT WgEI D ADDITION D. Dunn & Curry for Revised Preliminary Platiof Wedgewood Addition -�- :A public hearing was held.beCore the APC at their regular meeting held on November 25, 1980. The application submitted by Dunn Curry was for a revised preliminary plat of �ledgewood Addition g which consists of approximately 32 acres and contains 85 single family lots* Action was taken by the APC to recommend approval of thepeliminry plat as, presented. For additional information ` on the matter, , please refer tc the City' Planner's report, a copy 41" of which is enclosed ,+gin pages through �� A larger version � of the preyiminary plat wil made aua4atle with the agenda Information on -;Monday or distributed for -review by� the Council at the .meeting on Tuesday• EPECTO —9: A' system for reducing the size of preliminary plats far �s� , in the packet for review by the Council will become standardized very shortly, 4For addi- t oval information for action taken by .the' APC; on this matter, please refer to the APC minutes, a copy of "which is enclosed on page ACTION TO BE CONSIDERED. {N THIS ': TER- To approve or deny the revised preliminary plat.'of Wedge ;ood Add tion. as presented. a 41 k. I ill tj.ew T r i f m4 " • CITY OF EAGAN SUBJECT: REVISED PRELIMINARY PLAT - WEDG%70�'D ADDITION APPLICANT: DUNN & CURRY - ROD HARDY LOCATION: S1 OF SECTION 26 EXISTING ZONING: PD (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: NOVENIBER 25, 1980 DATE OF REPORT: NOVEMBER 20, 1980 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED An application has been submitted for a revised preliminary plat, Wedgwood Addition, which consists of approximately 32 acres and contains 85 single family lots. SCOMMENTS Dunn & Curry submitted the original application for the Wedgwood Addition in September of 1979. At that time, the plat consisted of approximately 75 acres and contained 71 single family lots and 5 outlots. The applicant at this time is pro- posing to replat 32 acres, or the single family portion, which originally contained 71 single family lots to the new plat which will contain 85 single family lots for a net increase of 14 single family lots. There are two reasons for the request to replat the Wedgwood Addition. The first reason is the proposed improvements, sewer, water, storm sewer, which were con- structed in the Wilderness Run Road alignment, was more expensive than what was origi- nally estimated. The second reason is that there is an inventory of approximately 1,000 single family lots which range in cost between $20,000 and $30,000. There is a very small inventory of single family lots which range in price between $17,000 and $20,000. Since Meadowlands Addition has been completely developed, the applicant feels there is a need to provide more of the smaller single family lots which would be in the price range of $17,000-$20,000, enabling more people to enter into the housing market. REVIEW OF THE REVISED PRELIMINARY PLAT The applicant is not proposing to change any of the street alignments which were laid out for the proposed subdivision. The applicant is just rearranging the lot lines and decreasing the frontages from the 85-foot minimum lot width to an average of 75-foot lot width. There are four lots in the proposed addition which would have . a 73-foot lot width at the 30 foot setback line. There are 22 lots which are less than the 12,000 square foot requirement, but more than 10,000 square feet in lot area. 63 lots would contain 12,000 square feet or more. 0 CITY OF EAGAN REVISED PRELIMINARY PLAT - WEDGWOOD ADDITION NOVE1BER 20, 1980 PAGE TWO The proposed plat has not changed in road alignment or design. The applicant has re-adjusted lot lines to incorporate the 14 additional lots. Therefore, it will be a policy decision if the Advisory Planning Commission would want to approve the revised plat with the smaller lots. Exhibit 1 indicates which lots are between the 10,000 and 12,000 square feet and which lots would have a 73-foot frontage at the 30-foot setback line. If approved, the preliminary plat shall be subject to the following conditions: 1. Detailed grading and drainage plan be approved by the City Engineer. 2. The plat shall be subject to the comments of the Dakota County Plat Commission, because Lexington Avenue has now been approved as a County road. 3. All easements be approved by the City Engineer. 4. The proposed housing shall meet all setback requirements as required by Ordinance 52 and variances shall not be allowed unless there is severe topo- graphic restraints or trees. • DCR/jac �r fit _ L t '+! 1 •r : q i a i 1Cllflf, 'moi v� — uw�i. jLa-una C _ H�1vf bi 9-9 • t = C z • S R tt a .t _ �.. _ .. t;E ii - �. C / �r * J'•" ,�' N C F t � Z =1 r i� 7{ _ - - � f /� t� •• OtlOsy.�� •' 36 ia,.�p > N Ott Ii F psO 7 J t - j� T�--J+�_+�_� ____ d i t• __�• 't �4. .f-i'e } a, O O - ,.. i i r...•..�.w. +�•.....r l• •.= e ...S• 7---• z ~ • w Is OA •r ►wt !! 0300 Q VA4, Id OP t i i tit w �`.�j`_ _ t • ij im lop W ._ „� r • ta . a y.. e ZAm . 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'1, _:�•� •� _,a.: .�� _ N •'��+`�.�1,'�. ; yam• J'.l y;.�. •7,'1. �;yi�.`,.:,i•;: ;).J� ./:� :; ,� .^f1.�•; y •. '�,r„ •, !.a�� ^.fit,�..y�.A•�1��" )' -1. O _1^ .,'�I'._♦ �i•. - 1��. :�:'�.��-1� � -�• � " /�,�J 1'R'�, � �`a. `j' ?(�"ter%��'�. i���J"1_• ��� :�'1^.••i:! '•��~'��~.�^� ~i ^i=i.�.•'``t•'�'' `� r'� .�7^'�! �� ^^� `tS�': y� •�/�� {/�, ' `�r � '1 7`.".�•"1�1 y� ~�tf'\i '� fir•v4,���X11�1.�.�j'.•'.�a�.�?�^Il 7'- \ � w�.►?`�•� ' ,,�•. ^,�t'•r.;1,•� �,.;�; / �.`- (j.'`Q` ,•.,�",'`,�i,1.1•+...,a ^'+.'.'. •���''_1 'y`,,,�"'��; `` .T+1;,'i1 '�°;j.. ': 1� mi;; _ 1r�r•'^ rt,T,� •.`�• , .Ly"1 '.�/1' �. /w ^• �.Y7•.`I p .%: - . '� '�• ''•y., !►-�'� •Z` •'�'-1 i• •4 ,Lam.._;_., •^s- :-� ' ^' � -�_�'�., In- '•�,"w� �, r,�.�,;,:,},,� �p' ' (NOTIN PARK) ., r'—��,� •. .:t ;`%-`�' ',.^ - WEDGWOOD ADDITION REVISED PRELIMINARY PLAT Chairman Joe Harrison next convened a public hearing regarding the application of Dunn & Curry Real Estate Management, Inc. , for the revised preliminary plat approval of Wedgwood Addition consisting of approximately 32 acres with 85 single family lots. The original plat included 71 single family lots and five outlots showing a net increase of 14 single family lots. Reasons for the replat were the proposed public improvements were higher than expected, also the claim that there is an inventory of approximately 100 single family lots from $20,000 to $30,000 per lot. The rearrange- ment of the lot lines would decrease the frontages to an average 75-foot lot width with four lots at 73 feet at the 30-foot setback linea There are 22 lots of less than 12,000 square feet but more than 10,000 square feet. Sixty-three lots contained 12,000 square feet or more. Mr. Rod Hardy was present for the applicant and indicated that the project is included under Federal Title X financing. It was noted that the plat is a part of the Lexington South PD and the revision is being made by preliminary plat amendment. The other additions within Eagan with less than 12,000 square foot lots include Beacon Hills, Meadowlands, Zachman and Art Rahn Addition. The Planning Commission Members were concerned about controls on lot and house prices in these sub- divisions and it was suggested that demand of buyers would tend to control the prices. Price ranges will be from $17,000 to $20,000 per lot. Krob favored recommending meeting needs of the buyer and because of economic conditions small lots appear to be practical. Hall recommended approval of the application but recommended against revi- sion of the ordinance under the minimum lot requirement provisions. Gits then moved, Hall seconded the motion to recommend approval of the application subject to the following conditions: 1. Detailed grading and drainage plan shall be approved by the City Engineer. 2. The plat shall be subject to the comments of the Dakota County Plat Commission, because Lexington Avenue has now been approved as a county road. 3. All easements shall be approved by the City Engineer. 4. The proposed housing shall meet all setback requirements as required by Ordinance 52 and variances shall not be allowed unless there are severe topographic restraints or trees. 5. All ordinance requirements must be met including revision of development agreement if required. All voted yes except Wilkins who voted no. G� o i Agenda Information Memo December 12, 1980 Page Eighteen I.R. FINANCING, - NICOLS SQUARE SHOPPING E. Establish a public hearing to consider I. R. Financing for Nicol.s ,Square Shopping in' the amount of ' $2,800,000 for 1-6-81 - An application to consider preliminary approval of a 67,000 square foot shopping center at ° a cost estimated at $2,800,000 received from JPK Park Company is in order for considering authorization -to set a public hearing for the 1--6-"81 City Council meeting. Assu- ming approval of the public hearing notice, the City Administrator will review the documents as received and provide a report for City Council review prior to the 1-6-81 meeting. ' ACTION TO BE CONSIDERED 4N THIS MATTER; To approve or deny esta } bushing a public hearing for the , 1-6-81 City Council meeting to consider I.R. financing for Nicols ' Square Shopping Center. SPECIAL PERMIT FOR EAGAN MONTESSORI & CHILD CARE F. Special Permit for Eagan Montessori & Child Care - Mary Schmidt Mary, Schmidt, located at 1080 Lone Oak Road,; has operated a day care center at Pilot Knob Elementary School.. Recently, the day care center was relocated from Pilot Knob Elementary School to the former SC. John Neumann Church, ' of which said building is owned by Raunhorst Company, located at the intersection of Lexington Avenue and Lone Oak Road.< The day care center is currently opera- ting at that site. It was brought to the City staff' s attention that a day care center was operating at that location, and according to Ordinance 52, `,a special permit ,will- be required if the day care center is to continue operation within that facility. ; Therefore, an application has been submitted to the City 'by Mrs. Schmidt re- questing a special permit to operate I a day ;care center at that r. location. Additional information will . be provided by the City Planner and will; be available as a part of' the Agenda Information Packet on Monday.' ACTION TO BE CONSIDERED ON THIS MATTER: v To approve or, deny , the special permit as stated. MEDITERRANEAN CRUISE RESTAURANT FOR `MEDITER-RANEAN ENTERTAINMENT G. Mediterranean Cruise Restaurant for Mediterranean Entertainment A letter was received from Hussein Ansari, the manager of the Mediterranean Cruise 'Restaurant .in Eagan, that reads as . follows "I , Hussein Ansari, the manager of the Medtterranean Cruise Res= taurant in Eagan, request your permission for the scheduling of live entertainment, in the form , of belly dancing, on Thursday, Friday and Saturday nights and some lunch hours during the Iweek. Some arrangemento have. already been made for a; performance `of this S i M Agenda Information Memo December 12 , 1980 Page Nineteen L kind as per phone conversation between me and the City Planners on December 8, 1980 At this time, I was told to appear at the City offices and- apply fora tavern license." This letter was signed by Mr. Hussein AnsAri and addressed to the City Council`. It is the understanding, of the` City staff that they ; are ,`proposing two shows at 6:.00 p;m. and 8:00 p.m. on those 'evenings as stated and from 12:00 moon to 1 :,30, p.m. during various lunch hours. Enclosed on page is a copy of the application for tavern license accordingto' r Hance, 44;, This application must be reviewed by the Police Department. Their comments will be available as 'a part of the Agenda 'Information Memo -on Monday. z ,r r i x f _ NM • VILLAGE OF EAGAN 3795 Pilot Knob Road New Eagan, Minnesota 55122 Renewal Lic. No. APPLICATION FOR TAVERN LICENSE ORDINANCE NO. 44 Applicant � lS �'i/? lJc'i Ali �:?��..-� Total Amount of Fees Firm Name Receipt No. /--.7 Address '`% License No. lephone Number �f SY - S-i ,I hereby applies for Tavern License for the term of one year from January 1, 19 to December 31st following. , I hold an on-sale liquor license in the Village of Eagan Yes X-_ No"�C I hold an on-sale non-intoxicating liquor license in Eagan Yes"K No The location of such license is 'T Are you the actual proprietor? Yes-4 No Are you the owner of the property at which the business will be located? Yes No • Has any other license of this kind ever been granted to you in Eagan or any other municipality? If so, where? Do you propose to permit guests to dance on the premises? Yes No If so, give the amount of floor space and attach a sketch of the area proposed for dancing. Do you propose to have vaudeville entertainment provided? Yes ri'L No Are you familiar with the provisions of Ordinance No.44, an ordinance for licensing and regulating the sale of taverns? Yes No I (we) hereby agree to operate such business in accordance with the Laws of Minnesota and the ordinances of the Village of Eagan. The foregoing statements are true and correct to the best of my knowledge and belief. Firm Name PC ���cz1� ec ii Your Authorized Signature _A_�-` ``� Manager Birth Date 3 S� _Y� • Has this application been approved by the Police Department? Yes No 6Cl �p L °i Agenda Information Memo December 12;, -1980 Page Twenty` 1981 SEWER/WATER RATE STUDY PROPOSAL A. 1981 Sewer/Water Rate Study Proposal -- The consulting en- gineering firm of Bonestroo, 'Rosene, Anderlik and Associates has completed their review of the existing, casts associated with sup- plying sanitary sewer and water service , 'to all users. within the City of Eagan.'' The results of their study will be forwarded to the City Council for- their review and comment either next Monday or Tuesday. It should be noted that the water rateincreases are nominal in comparison with .last year' s rates, whereas the sanitary sewer recommended rate is a substantial increase over 1980 rates. This is based directly on the increase the City has incurred from the Metropolitan Waste Water Control Commission. Therefore, it is recommended that the Council receive this report, review the information' and consider its modification or adoption at a City Council meeting during the month of January. There is no action required on this matter; at this time; however, review and comments would be desirable. RATE SCHEDULE/URBAN PLANNING AND DESIGN B. Rate Schedule/Urban Planning & Design -- Enclosed is a fee schedule submitted by Urban Planning &' Design, Inc. , to become effective January 1, 1981. it has been' the policy of John Voss to revise the rate schedule every two to three years. The column to the 'right of the rate per hour is the existing fee schedule. ACTION TO BE CONSIDEREDON THIS FATTER; To approve or deny the fee schedule as presented by .Urban & Design. 4 -- FEE SCHEDULE -- Effective January 1 , 1981 URBAN PLANNING & DESIGN, INC. STAFF RATE PER HOUR Principal Planner (1) $ 45.00 ?` Planner II (2) 35.00 Landscape Architect I (3) 30.00 Landscape Architect II (2) 22.00 Draftsman 18.00 Secretary 9.50 Research Assistant 18.00 v Mileage (per mile) .20 . ., Materials Cost — (1 ) "Planner-In-Charge" as designated by the State of Minnesota for 701 Planning and minimum five (5) years of experience. (2) Masters or undergraduate degree and minimum three (3) years experience. (3) Minnesota Registration by State Board and minimum five (5) years experience. J J • Agenda Informati-on Memo ' December 12, 1950 Page Twenty.-One COMPREHENSIVE GUIDE, PLAN C. Comprehensive Guide Plan -- The consideration ' f or submission of the Comprehensive Land Use Plan is, being placed on the agenda for discussion purposes. It will be necessary for the City staff to make ,some revisions to the,,-Comprehensive Guide Plan before the plan can be officially submitted to the Metropolitan Council The City Administrator will provide more discussion regarding this item at the meeting on Tuesday. . ACTION TO BE CONSIDERED ON THIS MATTER:, To either authorize or take no action to direct the City staff to revise the Comprehensive Guide Plan to prepare for its submiss on to the Metropolitan Council for review purposes. t s • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 12, 1980 SUBJECT: INFORMATIONAL It appears, from information given to the City Attorney' s office that the City has received a ruling in its favor regarding the Mamood Aghassi ,off-sale liquor license appeal . —There will be more to come on this item on Monday.. Enclosed is a copy of the official statement for the $3,650,000 G.O. Improvement Bond Sale for 1980. As you recall, aspecial City Council meeting was set some time back for 5:00 p.m. for Wed nesday, December 17, 1980, to' consider the bids that will be re- ceived at 12 :00 - on Wednesday, December 17, for this bond issue. The City of Eagan was able to convince the Environmental Quality Board to withdraw the E.A.W. 'to be considered by Metropolitan Coun- cil and later by the E.Q.B. for the proposed UnivacPark. As a result, the EAW was then removed from the agenda of the Metropolitan Council ' s Physical Devleopment Committee of yesterday. It appears now that Univac can proceed with its first phase development by having the City grant the building permit since the building under 250,000 square feet and does not fall within the industrial cate- gory. s/Thomas L. Hedges City Administrator 4 t i f