Loading...
06/17/1980 - City Council Regular AGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY_ HALL JUNE 17, 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 p• � A. Fire Department Q.3 C. Park Department e.� B. Police Department D. Public Works Department IV. 6:55 - CONSENT ITEMS [One (1) Motion Approves All Items] G A. Award Bid for Imp. 80-12 (Deep Well Pumphouse) 0,8 B. Award Bid for Imp. .80-5 (Fish Lake Outlet) )0 C. Award Bid for Imp. 80-14 (Rahn Addition Sewer & Water) 42D t Temporary Beer Permit Eagan Mens Rec. . Softball League . �t2 E. Temporary Beer Permit - Budweiser Southside Distributing P,t2.F. Reduction of Development Bond for St. Francis Wood Addition 14j G. Project #313 (Bruestle Sanitary Sewer) Feasibility Report H. Project #309 (Walden Heights Utilities & Streets) Feasibility Report 13 I. Project #314 (Ridge Cliffe Addition Utilities) Feasibility QReport V. 7:00 - PUBLIC HEARINGS A. Imp. Project #298 - Johnny Cake Ridge Road South of Wildwood Lane (County Road 30) Street Imp. lq B. Imp. ' Project #305 - Wescott Road between Denmark & Lexington QStreet Imp. � p 27 C. Imp. Project #308'- Duckwood Trail Phase I Utilities, Street & ` Trail Imp. VI. OLD BUSINESS 4-k A. Fortune Realty, Byron Watschke - Preliminary Plat and Detail Site Approval of Safari at Eagan and Site Plan for Shopping Center, located in the SEk of Sec. 28 (located northwest of the Cliff Road and Thomas Lake Road Intersection) B. Central Fence & Supply Co. for Rezoning from A, Agricultural, p• to LI, Limited Industry, and Conditional Use Permit 'to Allow for Outside Storage, located in the NEk_ of the NEk of Sec. 24 (Located East of the Wescott Road and Dodd Road Intersection) X54 C. Off-Sale Liquor License Application—Mahmood Aghassi at the Silver Bell Shopping Center �. D. Earn Marotske for Marotske Addition, Section 35 ,.6t E. Dodd Road Easement -- Dineen & Lexington South, Inc. , Properties City Council Agenda June 17, 1980 Page Two VII. NEW BUSINESS 0 A. Special Permit . for Faith Family Fellowship Church to Hold Church Services at 3815 Cedar Ave. S. , zoned industrial, and School 11S B. Orrin Thompson for a Special Permit for a Temporary Advertising Sign at SE Corner of Cedar Ave. and Cliff Road C. Iven Ose, for Ten (10) Foot Front Setback Variarce, Lot 3, �1 Block 4, Drexel Heights, located in Section 15 �S D. Russell E. Kruse, First Minnehaha National Bank, for a Condi- Use Permit for a Pylon Sign, located on Lot 2, Block 1, First Minnehaha Addition �.q Z E. Wally Hafstad for Preliminary Plat Approval, Blackhawk Woods, located in the SEk of Section 20. F. Henry A. Braun for Rezoning from A, Agricultural, to R-1 , Residential Single District, and Preliminary Plat for Braun Sunrise Acres, located in SWk of Section 15 VIII. OTHER BUSINESS Q �ag A. Council Consideration of the Storm Sewer Assessment appeal for Project #257 B. Annual Renewals for Trailer Permits C. Consideration of an Amendment to Ordinance #58 (House Numbering Ordinance) D. Consideration of an Amendment to Ordinance #52 (Zoning Districts for Amusement Devices) E. New Ordinance - Amusement Devices -LF. Final Plat for Mallard Park 2nd & 3rd Additions V SG. Final Plat for Wedgewood Addition IV,%-I'H. Final Plat for Canterbury Forest Approve Plans & Specs - Imp. 80-15 (Deerwo,-d Drive and Silver Bell Road) p. t2 6 J. Appr.�ve Plans & Specs - Imp. 80-18 (Sealcoat) 12 7 K. Approve Plans & Specifications - Imp. 80-16 (Galaxie Ave. ) .t27 L. Imp. 80-11 (Brittany 2nd & 3rd Addition Utilities - Advertise for Bids. IX. VISITORS TO BE HEARD (For those persons not on the Agenda) X. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE .13, 1980 SUBJECT: AGENDA INFORMATION After approval of the June 3, 19801 regular City Council minutes and the June 17 , 1980, City Council agenda, the following items are in order for consideration: FIRE DEPARTMENT There are no items to be considered for the Fire Department at this time. POLICE DEPARTMENT Item .#1 (Portable Breath Testing Unit) Chief of .,Police ,DesLauriers as made, a request to. the Bureau of Criminal Apprehension for two (2) portable breath. testing units which are capable of testing DUI ' s at the scene- while in the squad car. This is a screening device and there is no cost to the City :of Eagan for these units . In order to makeapplication for the units ,to the Department of Public Safety, it is a requirement that the City pass a. .standard resolution. A copy of this resolution is -enclosed on page ACTION TO BE CONSIDERED 'ON THIS MATTER: To approve or deny the resolution requesting two (2) portable breath testing units from the Department of Public Safety. a Sample RESOLUTION BE IT RESOLVED that the City of enter into an agreement.with the State of Minnesota, Department of Public Safety for the following purpose, to-wit: To provide authority for the city to receive from the State of Minnesota, Department of Public Safety, ALERT J3A portable breath test unit or units on a loan basis. The' unit or units are to be used by city law enforcement officers to assist them in the detection of motorists who may be in violation-of Minnesota Statutes Section 169.121. BE IT FURTHER RESOLVED.that the and be and they hereby are authorized to execute such agreement. CERTIFICATION State of Minnesota City of I hereby certify that the foregoing Resolution is a true and°correct copy of the resolution presented to and adopted by the City Council of the City of at a duly authorized meeting thereof held on the day of 19 , as shown by the minutes of said meeting in my possession. City Clerk Agenda Information Memo June 13, 1980 Page Two PARK DEPARTMENT Item #1: The City Administrator has explained to the Advisory Park Committee and City Council at previous meetings that the Federal Administration has requested that over $110,000,000 for the fiscal year 1980 for, park and preservation 'grant funds. be rescinded._ This action has resulted in a halt to all LWCF Granite Programs and also impacts the Urban- Park` Rehabilitation Grants and Historic Preservation Grants. The City received a letter from John Perkovich, who is the Minnesota Recreation and Parks Admini- stration Legislative Chairman, asking that cities pass a resolution asking that our federal legislators support legislation to release 19'80 LAWCON funds in addition to restoring the 1981 LAWCON funding. A draft resolution, as recommended by the MRPA is enclosed for your, review on page _ This resolution was presented to the Advisory Park .Committee at their last regular meeting held on June 3, 1980`, and given approval: ACTION TO BE. CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the Advisory Park Committee. to pass a resolution requesting the release of 1980 LAWCON funds and to restore the 1981 LAWCON funding level . i 3 RESOLUTION CITY OF EAGAN RESOLUTION REQUESTING THE RELEASE OF 1980 LAWCON FUNDS AND TO RESTORE THE 1981 LAWCON FUNDING LEVEL WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on the day of 1980, at 6 : 30 p.m. at the City Hall , located at X795 Pilot Knob Road, Eagan; Minnesota, all members being present ; and, WHEREAS, the City of Eagan has established a five year Park Acquisition and Development Program` to meet Citizens ' needs ; and WHEREAS, the Five Year Program has been implemented through the joint funding of local , state, and federal funds ; and WHEREAS, LAWCON funding has made possible the acquisition of land for preservation, and recreational purposes ; and WHEREAS, funding has provided the opportunity to develop land to meet leisure needs and satisfy a demand placed on existing facilities ; and WHEREAS, the loss of LAWCON funding . creates a serious hardship upon the City of Eagan to acquire land and develop existing parks ; and WHEREAS, LAWCON funding was allocated from designated sources; and WHEREAS, to wait and release LAWCON funding towards the end. of the Fiscal year will take Minnesota Cities out of the con- struction season; and WHEREAS, with inflation and its impact on the cost of land and impact on escalating construction costs ; NOW THEREFORE, upon motion by seconded by it was .RESOLVED that the City ot Eagan strongly urges your support. of legislation to release the 1980. LAWCON Funds imme- diately; and FURTHER that the 1981 LAWCON -Funds be restored. Those in favor: Those against: DATED: CITY COUNCIL CITY OF EAGAN . Attest: By: Alyce 'Bokle, City Clerk Beatta Blomquist, Mayor Agenda Information Memo June 13, 1980 Page Three PUBLIC WORKS DEPARTMENT Item #1 (Approval of Plans and Specifications for Public Works aintenance _. quipment) : The tollowing items were incluced for purchasein the 119,8UB-udget. under Equipment Certificates 1. Tractor Loader with Backhoe 2. Road Grader 3: Single Axle Dump Truck 4. Trailer Mounted Sewer Jetter According_ to Public Works Director Colbert, - the existing backhoe is presently inoperable, requiring some $5 ,000 to $7 ,000 in repair. The sewer jetter is required for storm sewer siltation cleaning and maintenance of the old system. The dump truck replaces'-a 1970 Dodge and the existing grader (1965) has had a number of expensive engine overhauls and was discussed in some length by the City Coun- cil during the budget hearings ,in 1979 . ACTION TO BE CONSIDERED ON THIS MATTER: To order the advertisement of bids for all four (4) pieces of equipment with a bid opening scheduled for 9 :00 a.m. Thursday, July 10, 1980. Item #2 (Public Works Maintenance Costs for Four Oaks Road) : Accor- ding to Public Works Director Colbert, the Public - ors aintenance Division has performed the equivalent amount of $1,339.29 ',of work` on Four Oaks Road since March 5 , 1980, due to erosion and;siltation from the Rosewood Corporation's Coachman -;Oaks apartment complex, presently under construction on Four Oaks Road. It is the recom- mendation of the Director of Public Works and concurrence of the City Administrator that the Rosewood Corporation be billed $1 ,339 .29 for this maintenance expense: or• There are nine (9) items referred to on the `agenda as Consent Items requiring one (1 ) motion by the_City Council-. If� there is an item that the City Council would like to discuss in further detail , the item should be removed from the Consent List and placed under Other Business unless the .discussion .required. is brief. Again; this will allow the Mayor to proceed. with Public Hearings as, legally noticed for 7 :00 p.m. 5 _ Agenda Information Memo June 13, 1980 Page Four AWARD BID IMP .. 80-12 A. Award Bid for Imp. 80-12 (Deep Well Pumphouse) -- A ;bid opening was held at 3 :00 , p.m. on Thursday, June 12, with. the low bid being _submitted by Lee Richeert Plumbing and Heating 'Company in the amount of $124,900. This compares with the Engineer' s. estimate of $115,000. The low bidder has built similar pumphouses for the City of Eagan in- the past and his work has been deemed satisfactory. Public- Works Director Colbert will review the bids submitted and make a recommendation at the meeting on June 17 , relative to the low bid exceeding the Engineer' s estimate. A copy of the bid 'tabu- lation is enclosed on page ; for your review. ACTION TO BE CONSIDERED ON THIS MATTER,: To . approve or deny the most favorablebid for. Imp. 80-12 as submitted on Thursday, June 12, 1980. OUR FILE N0. 49162 DEEP WELL NO. 6 PUMPHOUSE FOR EAGAN, MINNESOTA BID TIME: 3:00 P.M. C.D.S.T. BID DATE:Thursday, June 12, 198 CONTRACTORS TOTAL BASE BID ALT. #1 ALT. #2 1. Lee Richert Plbg. & Htg. Co. 124,900.00 5,500.00 1,800.00 2. A & K Construction Co. 127,681.00 5,600.00 1,800.00 3. A C G Mechanical Inc. 165,600.00 5,300.00 1,800.00 4. Collins Electric Co. NO BID 5. Mike Paul Electric Co. NO BID 6. P & M Construction Co. NO BID 7. Twin City Electric Co. NO BID ENGINEER'S ESTIMATE-------------- 115.000.00 Agenda Information Memo June 13, - 1980 Page Five AWARD BID - IMP. 80-5 , B. Award Bid for Imp. 80-5 (Fish Lake and . Heine Lake Storm Sewer Outlet) -- A bid opening was held at 3 :00 p..m on Thursday, June 12, with the low bid being submitted by Parrott Construction Company in ' the amount of $176 ,199.90. This is compared to the Engineer' s estimate of $168,000. The Public Works Director will.` perform an evaluation of the bids submitted and make a recommendtion. at the meeting on Tuesday in lieu of the fact that the low bid exceeded the Engineer's estimate. Enclosed on page C is a bid tabulation sheet for .your reference. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the most favorable bid for Imp. 80-5 as received on June 12 , 1980. 8 • •OLTR FILE NO. 49152 FISH LAKE & HEINE LAKE CITY IMPROVEMENT N0. ;80-5 STORM SEWER IMPROVEMENTS PROJECTS 279-270 FOR EAGAN, MINNESOTA BID TIME: 3:00 P.M. , C.D.S.T. BID DATE: Thursday, June 12, 1980 CONTRACTORS TOTAL BASE BID 1. Parrott Construction Co. $176,199.90 2. Nodland Associates, Inc. . 182,889.00 3. Encon Utilities, Inc. 185,313.00 4. Richard Knutson, Inc. 185,399.00 5. A C G Mechanical,In_c. 195,091.90 6. Orfei & Sons, Inc. 198,.913.43 7. Northdale Construction 207,457..00 8. Fischer Construction Co. 213,412.00 9. C.W. Houle, Inc. 238,905.00 10. Fredrickson Excavating, Inc. 239,941.50 11. Barbarossa & Sons, Inc. 249,388.00 12. Walhunt Construction Co. 249,654.50 13. C. Wayne Erickson Inc. NO BID 14. Progressive Contractors, Inc. NO BID 15. W.W. Dawson NO BID ENGINEER'S ESTIMATE--------------------- $1682000 Agenda Information Memo June 13, 1980 Page Six AWARD BID -- IMP. 80-14 C. Award Bid Imp. 80-14 _(Rahn Addition Utilities) -= A bid opening was held at 3 :00 'p.m. on Thursday, June 12 , with the low bid being submitted by P. Wayne Erickson, Inc. , in the amount of $67 ,545 . This ,is compared to the Engineer' s estimate of $76,000. A copy of the bid tabulation sheet is enclosed for -your review on page 11 It is the recommendation of the Public Works Director that t-Tie City Council award the bid -for Imp. 80-14 to C. Wayne 'Erickson, Inc. , in the amount of $67 ,545. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the lowbid submitted by' C. Wayne Erickson, Inc. , for 'Imp. -80-14 as stated. OUR FILE NO. 49134 ART RAHN FIRST ADDITION CITY IMPROVEMENT N0. 80-14 SANITARY SEWER, WATERMAIN & STORM SEWER PROJECT NO. 266 FOR . EAGAN, MINNESOTA BID TIME: 3:00 P.M. C.D.S.T.- BID DATE: Thursday, June 12, 1980 CONTRACTORS TOTAL BASE BID ALT. #1 1.. C.Wayne Erickson, Inc. $67,545.00 2. A C G Mechanical, Inc. 68,945.40 3. Parrott Construction 69,947.45 4. Walhunt Construction Co. 71,597.25 5. Encon. Utilities, Inc. 71,973.50 6. Richard Knutson, Inc. 72,585.00 7. Nodland Associates, Inc. 75,187.00 8. Orfei & Sons, Inc. 76,620.73 9. W.W. Dawson 77,714.00 10. Fredrickson Excavating 78,234.10 11. Fischer Construction Co. 82,826.50 12. Burchville Construction Co. 86,959.40 13. C & H Contracting Inc. 104,545.00 14. American Contracting Corp. NO BID ENGINEER'S ESTIMATE---- ------ $76,000 Agenda Information Memo June 13, 1980 Page. Seven BEER PERMIT -- EAGAN MEN'S REC SOFTBALL LEAGUE D. Temporary Beer Permit for Eagan Men' s Recreation Softball League An application was made by Arnold Doering on behalf' of the Eagan Men' s Recreation Softball _ League fora non-intoxicating liquor license for a tournament to be held at the Univac Fields on June 28 and 29 . This application is in order for consideration and has been reviewed and approved by the Eagan Police Department ACTION TO BE .CONSIDERED ON THIS MATTER: To approve or deny the application for, a non-intoxicating malt liquor license as submitted by the Eagan Men' s Recreation Softball League. TEMPORARY BEER PERMIT -- BUDWEISER SOUTHSIDE DISTRIBUTING E. - Temporary Beer Permit for Budweiser `Southside Distributing -- An application was received from Mr. Eric Kruse, representing Budweiser Southside Distributing, for a non-intoxicating liquor license to be used for a softball tournament at the Northview Athle_- tic .Fiead on June '21 and 22. The 'appl cation is in order for consi- deration and has been approved by the Eagan Police Department. ACTION TO BE CONSIDERED ON THIS MATTER: To approve, or deny the e application for a non-intoxicating malt liquor _license submitted by Budweiser Southside. Distributing.- REDUCTION OF 'DEVELOPMENT BOND - ST. FRANCIS WOODS F. Reduction . of Development Bond 'for St., Francis Wood Addition --' A letter has been submitted to the City-- from Mr. Keith Gordon of the firm Bonestroo, Rosene, Anderlik & Associates asking that the development bond be reduced for: 1 . Utility and street assessments as installed and assessed under project 227 , and 2 . Driveways, street signs, boulevard trees, -boulevard Swale sod and street light standards . It is the recommendation of the Consulting Engineer, ' with review and concurrence by the Director of Public Works, that the development bond for St. Francis Wood Addition be reduced from $51,860 ,to $5,62.5. ACTION TO BE CONSIDERED ON THIS ' MATTER: To approve. or deny the recommendation for the reduction of the development bond for St Francis Wood Addition as stated above. Agenda Information Memo June 13, 1980 Page Eight PROJECT #313 G. Project #313 (Bruestle Sanitary Sewer) Feasibility Report As a result of. :a petition submitted by, William Bruestle; the City Council , on May 6 , 1980, ordered the preparation of 'a feasibility reportfor sanitary' sewer to his property. This report is now completed ,and being ,presented to the City Council Therefore, it is in order for the City Council to accept the feasibility and order a public hearing for the July 15, 1980 meeting. ACTION ,TO BE CONSIDERED ON THIS MATTER: To accept the feasibility report and order a public hearing for the July 15, 1980 ,meeting. PROJECT #309 H. Project #309 (Walden Heights Utilities & Streets,) . Feasibility Report -- As a result of a petition submitted by Pilot Knob Estates Inc. , the City Council on. April 1.5, 1980, ordered the preparation of a feasibility report. This report ,is now completed and is being, presented to the City Council . ACTION TO BE .CONSIDERED ON THIS MATTER To receive the feasibility report and order, a public hearing for August 5, 1980: PROJECT #314 I. Project #314 (Ridge Cliffe Addition _Utilities) Petition -- The City of Eagan has received a petition from Orrin Thompson (U. S. Homes- Corp. ) to have the I City prepare the feasibility report for Ridge Cliffe Addition. They have also waived their rights to a public hearing and are requesting. simultaneous preparation of plans and specifications. ACTION TO BE CONSIDERED ON THIS MATTER: To receive the petition,. order the preparation of the feasibility report for Project #314 and also the preparation of the plan's and .specifications. 13 Agenda Information Memo . June 13, 1980 Page Nine PROJECT #298 JOHNNY CAKE RIDGE ROAD A. Imp. Project #298 for ,Johnny Cake Ridge Road South of Wildwood Lane (C.R. 30) Street Improvement -- At the May 20, 1980 Council meeting, -a written ' petition was received from Mr. Tom Wilmus of Wilmus Companies requesting the construction and completion of Johnny Cake Ridge Road from south Woodgate Lane to Wildwood Lane.' The City Council received` this petition and ordered the pubic hearing to be held on June 17, 1980. A copy , of the feasibility report as prepared by the Consulting Engineers is enclosed on pages through for your reference. ACTION TO BE CONSIDERED ON THIS MATTER; To close the public hearing, and either approve or deny the project for construction. t �J J/ �Q { Glenn R.Cook,P.E. Ba�e.� 4"' R"ewel 4"J"" i� 4�SOC.riat, ' -low. Keith A.Gordon,P.E. Otto G.Bonestroo,P.E. Thomas E.Noyes,P.E. li p Robert W.Rosette,P.E. Richard W.Foster, P.E. Joseph C.Anderlik,P.E. Robert C.Schunicht, P.E. 2335 Bradford A.Lemberg,P.E. Martin L.Sorvala.P.E. nr 7�..w� ,941 36 Robert D.Frlgaard,P.E. Donald C.Bnrgardt,P.E. ../maw/, /Nlwwe�a 55113 - Richard E.Turner,P.E. Jerry A.Bourdon James C.Olson.P.E. Mark A.Hanson PA.-611-636-40600 Steven M.Quineey Kevin K. Wolka,P,E. Charles A.Erickson Leo M. Pawelsky Preliminary Report on Harlan M.Olson David E.Olson Johnny Cake Ridge Road Project No. 298 Eagan, Minnesota January 29, 1980 SCOPE: This project covers the upgrading of Johnny Cake Ridge Road from Wood- gate Lane to Wildwood Lane (Co. Rd. 30) . FEASIBILITY AND RECOMMENDATIONS: The project is feasible and is in accordance with the Major Street Plan for the City of Eagan. For bidding purposes it can best be carried out as outlined herein. and not as a part of any other project. DISCUSSION: Johnny Cake Ridge Road has been completed or is under contract from Cliff Road to Wildwood Lane over that portion of.the road in the Mallard Park and Woodgate Additions. This project would complete construction of the road to Wildwood Lane, a distance: of approximately 1,800 feet, thereby' providing a route to the north for residents of the Woodgate Additions. The Major Street Plan for the City of Eagan indicates that Johnny Cake Ridge Road is to be constructed as a collector street. As such it would be construc— ted with a 44' wide bituminous driving surface, B618 concrete curb and gutter and a 9 ton per axle carrying capability. Sidewalks will be constructed along one side of Johnny Cake Ridge Road. The rough grading for .this portion of Johnny Cake Ridge Road was completed in .1972 with utilities being installed in 1973.. Because of the length of time between the grading and the final street, construction, a certain amount of erosion has taken place and regrading will have to be done before gravel base can be placed: Page 1. s All of this project will be constructed within the existing 80' right-of- way of Johnny Cake Ridge Road. Therefore, no easements will be required for con- struction. AREA TO BE INCLUDED: Wk, NWk, Section 28, T27N, R23W, Eagan, Minnesota Ek, NEk, Section 29 COST ESTIMATES: The following cost estimates include construction costs plus 18% for engineering, legal, administrative and other costs appurtenant to this project: Item Amount Street Construction $121,700 Sidewalk 16,300 TOTAL PROJECT COST . . . . . . . $138,000 ASSESSMENTS: It is proposed to assess all residential property abutting Johnny Cake Ridge Road a residential equivalent and levy a commercial equivalent against all property currently zoned commercial. Expected rates are as follows: Johnny Cake Ridge Road - Residential Equivalent $25.00/FF - Commercial Equivalent $36.00/FF REVENUE SOURCES: Revenue sources to cover the cost of this project are listed as follows: Revenues Costs Balance Johnny Cake _Ridge Rd. Const. -- $ 138,000- Residential Equivalent $ 55,000 Commercial Equivalent 47,500 TOTAL $102,500 $ 138,000 -$ 35,500 The negative balance of $35000 is expected to be financed by the Major Street Fund. Page 2. PROJECT SCHEDULE Present Feasibility Report . . . . . . . . . . .. . .. .Tuesday, February 5 Mail Notices of Hearing to Newspaper . . . . . . . . . . . . . . . .Friday, February 8 Publication of Notice in Newspaper . . . . . . . . . . . . . . . . . . . . .Wednesday, February 13 Mail Notice of Hearing to Public . . . . . . . . . . . . . .Thursday, February 14 Public Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .Tuesday, March 4 Approve Plans and Specifications . . . . . . . . . . .Tuesday, April l Advertise for Bids - First Publication . . . . . . . . . . . . . . . . . . . .Wednesday, April 10 Open Bids . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . .Thursday, May 1 Award Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Tuesd'ay, May 6 Construction Completion . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . .September, 1980 Final Assessment Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .September, 1980 First Payment Due with Real Estates Taxes . . . . . . . . . . . . . . . . .May, 1981 I hereby certify that this report was prepared by me or under my direct supervision and that_ I am a duly Registered Professional Engineer under the laws of the State of Minnesota. W 4-,0;� Keith A. Gordon Date January 29, 1980 Reg. No. 10204 Approved by: .moo Thomas Colbert Director of Public Works Date: ��� � Page 3. n � A v v u ? O x Wild Wood La ne to �d Z ( Co. Rd. No. 30) n > cn m in y tx j m K i, N m in z m x lz Sim O m \ Wood gate \ fan � ,A ,R AA e / �1 ® Q ^� O yc� i �M Agenda ,Information Memo June 13, 1980 Page Ten PROJECT #305 - WESCOTT ROAD B. Imp. Project #305 for Wescott Road between Denmark and Lexington Street. Improvement - At ` the _May 20,- 1980, City Council meeting, the City Council received the feasibility report and ordered the public hearing to be held on _June 17 for the proposed improvement of Wescott Road from Denmark Avenue to Lexington Avenue This project is initiated by the staff due to the City' s commitment to complete, Wescott Road from Denmark Avenue to Lexington Avenue as part' df the proposed .future library site development. A copy of this report is enclosed on pages Q0 through ab ACTION TO BE CONSIDERED ON THIS MATTER: To close the public hearing and either approve or deny Project #305 for public improvement. • GlennR.Cork.P E. Keith Ketth A.Gordon,P.E. Otto G.Bonestroo,P.E. Thomas E.Noyes.P.E. p Robert W.Rosen,P.E. Richard W.Foster,P.E. Joseph C.Anderlik,P.E. Robert C.Schantcht,P.E. Bradford A.Lemberg,P.E. Marvin L.Sor.Wa,P.E. Robert D.Frignard,P.E. Donald C.Bmgardt,P.E. gt. P0w4 M&Wya}a SSffS Richard E.Ttanr.P.E. Jerry A.Bourdon pJnwa 611-6364400 Steven C.Olson.P.E. Mark A.Hanson Steven M.Ouincey Kevin K. Wolka,P.E. Charles A.Erickson Preliminary Report on Leo M. Pawelsky Wescott Road Construction & Water Main Harkm M. lson 01"n Denmark Avenue to Lexington Avenue David E.O Improvement Project 305 Eagan, Minnesota May 7, 1980 SCOPE: This project covers the construction of Wescott Road from Denmark Avenue to Lexington Avenue in Eagan, Minnesota. FEASIBILITY: The project is feasible and is in accordance with the Major Street Plan and the Master Plan for Water Main for the City of Eagan. For bidding purposes it can best be carried out in two projects; one for street improvements and the other for water main. DISCUSSION: The Dakota County Library Board has plans to construct a branch library in Eagan. The library is to be located on the south side of Wescott Road, midway between Pilot Knob Road and Denmark Avenue. The library board has requested that Wescott Road be completed from Denmark Avenue to Lexington Avenue as a primary access to the library from the eastern portion of the City. The Major Street Plan for the City of Eagan designates Wescott Road as a minor arterial street. As such it must be capable of carrying 4 full lanes of traffic at relatively high speeds. The proposed alignment for this portion of Wescott Road is across ex- tremely hilly terrain. Several curves in the road will be necessary in order to avoid ponds located in the area. Because of the rolling nature of the land and the ponds in the area, the grading costs involved in this project will be somewhat higher than might normally be expected for a road of this type. Page 1. 172D o� Wescott Road will be constructed with a 52' wide bituminous surface, B618 concrete curb and gutter and a 9 ton per axle carrying capability. The road will be constructed with a 5' wide concrete sidewalk along the north side and an 8' wide bituminous pathway in the south boulevard. Drainage for the road will be provided by storm sewers draining to the pond shown on the Master Plan as Pond JP-11. It is not expected that the con- struction of Wescott Road will introduce an amount of water into the pond which would necessitate the construction of an outlet at this time. However, any significant development in the area will require a lift station which would carry the water from JP-11 to Fish Lake. The Master Plan for Water Main for the City of Eagan indicates that a 12" diameter trunk water main be constructed on this portion of Wescott Road. It is recommended that the water main be constructed as a part of this project to avoid tearing up any of the sidewalk, pathway or roadway at a later date. Road right-of-way and construction easements will have to be acquired for the entire length of this project. AREA TO BE INCLUDED: SW}, SE4, Section 15, T27N, R23W, Eagan, Minnesota SE4, SE4, Section 15 NFA , NE4, Section 22 NW4, NE4, Section 22 COST ESTIMATES: The following cost estimates include construction costs plus 18% for engineering, legal, administrative and other costs appurtenant to the project: Page 2. 172D aol+ ITFM COST Grading & Gravel Base $192,000 Surfacing and curbs 165,600 Sidewalk and Pathways 42,000 Drainage 39,000 Total Street Improvements $438,600 Water Main 60,000 TOTALPROJECT COST .............. ... . $498,600 ASSESSMENTS: Assessments are proposed to be levied against benefited property in accordance with rates in effect at the time of the public hearing. Current City rates are as follows: Lateral Service from a Trunk Water Main - Single Family . . . . . ....$10.90/FF Multiple .. .. ......... .$13.05/FF Trunk Water Main Area Charge . ...... . .. ..... .... .... . ...... ......$700/Acre REVENUE SOURCES: Revenue sources to cover the cost of trunks in this project are listed as follows: WATER MAIN CONSTRUCTION COSTS ASSESSMENTS BALANCE Trunks $60,000 $89,600 +$29,600 STREET IMPROVEMENTS Construction Costs $438,600 MSA Funding $438,600 TOTAL . . . .... .. .... $438,600 $438,600 -0- TOTALPROJW T BALANCE . ... .. .. . . . .. . .. .. . ... .. .. . . . . . . .. . . . . . . . . .. . . +$29,600 Page 3. 172D �l PROJDCT SCHEDULE Present Feasibility Report .. ...... .................. ...... .Tuesday, May 20 Mail Notices of Hearing to Newspaper . ... .......... .... . .. ..Friday, May 23 Publication of Notice in Newspaper .......... ......... ... .. .Wednesday, May 28 Mail Notice of Hearing to Public . .... . ... ... ... . .. . . . ... ...Thursday, May 29 Public Hearing .. ... ............. .... ........... .. . ... . .... .Tuesday, June 17 Approve Plans & Specifications . .... ........... .. ... .... . ..Tuesday, July 15 Advertise for Bids - First Publication .. ... ....... ........ .Thursday, July 24 Open Bids . .... ............. . . ........... .. . .......... ... . ..Thursday, August 14 Award Contract ... .. ........ ...... . .... .. ........ .......... .Tuesday, August 19 Construction Completion . ....... ........... . ..... ..... ... . ..July, 1981 Final Assessment Hearing .. ... ... ...... ... ... .............. .September, 1981 Final Payment Due with Real Estate Taxes . . ....... .... . .. ...May, 1982 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Keith A. Gordon Date: May 7, 1980 Reg. No. 10204 Approved by: homas Colbert Director of Public Works Date: Tiay 7, 1980 Page 4. 17 2D ork pen N AveCL0 o � n y O 1—] t y � y ' N 1 , 1 W Olto D� � O- 3N Dm ZD 1 1 e 1 I' I W N Lexington 18. Avenue,�� Co. Rd. NO. 43-- — a� �o .N enmar Ave• b O y � � O � 0-3 y ' r-3 ' O - cn VA cpm my ' m 4 Lexington Avenue r r r ice--r T r r�-ter rr 77� Co. Rd. O. 43- A cn �p n o � co rriprk N DeAve. b � O y � C n y b y � O ' ° M 0 4 m Cl CA t4y Lexington A venue t t Co. ROS No. 43 � I MMM& tali %WIN ir,1=% , .. -cl► 'I Oki dill OUR ��� " ^ t DEEII -'DRIVE rw WESC i ASSESSMENT AREA PROJECT No. 305 QG III 111111 �� . •• 3 Agenda Information Memo June 13, 1980 Page Eleven PROJECT#308 DUCKWOOD TRAIL UTILITIES D. Imp. Project _#308 for Duckwood Trail Phase One Utilties Street ,and Trail Improvement -_ At the May 20, 1980, City Council meeting, the City Council received the feasibility report for this project and ordered the public hearing to be held on June 17.. This project is initiated by written petition by the developers of the affected property. A copy of the report as prepared by the Consulting Engi- neer is enclosed on pages through _ for your reference ACTION TO' BE CONSIDERED ON THIS MATTER: To close the public hearing and either approve or deny Project #308 for public improvement. �7 Ba�Pd'woi, R&180"" �� �� j ,/J� Glenn R.Cook,P E. � Keith A.Gordon,P.E. Otto G.Bonestroo,P.E. Thomas E.Noyes,P.E. Li p Robert W.Rosene,P.E. Richard W.Foster,P.E. Joseph C.Anderlik,P.E. Robert G.Schunichb P.E. ,2335 V 1...4 #4A.-"36 Bradford A.Lemberg,P.E. Marvin L.Sorvala,P.E. Robert D.Frigaard,P.E. Donald C.Burgardt,P.E. e�t. now/y /�'1inwUsls 5511 f Richard E.Turner,P.E. Jerry A.Bourdon n�aa 612-686-k600 James C.Olson,P.E. Mark A.Ranson Steven M.Ouineey Kevin K. Wolka,P.E. Preliminary Report on Charles A.Erickson Leo M. Pawelsky Sewer, Water, Storm Sewer and Streets Harlan M.Olson Duckwood Trails Phase I David E.Olson Improvement Project 308 Eagan, Minnesota May 9, 1980 SCOPE: This project includes the construction of sanitary sewer, water and storm sewer laterals and streets serving the first phase of Duckwood Trails. FEASIBILITY AND RECOMMENDATIONS: The project is feasible and is in accordance with the Master Plans for Sanitary Sewer, water and Storm Sewer and the Major Street Plan for the City of Eagan. For bidding purposes it can best be car- ried out in two projects; one for utilities and the other for street improve- ments. DISCUSSION: Duckwood Trails consists of approximately 35 acres of land loca- ted in the northwest quadrant of Duckwood Drive and Lexington Avenue. The proposed plat consists of a mixture of apartments and townhouses, with phase one being a 4 wing apartment building located near the intersection of Duck- wood Drive and Lexington Avenue. Sanitary sewer service to the apartment will be provided by a short lat- eral draining to the sewer lateral in place in Duckwood Drive. Future service to the outlots will be provided by laterals draining to a 12" diameter trunk in place at the northern edge of Outlot "B". Water service would be provided by laterals connecting to the 24" diame- ter trunk in place in Duckwood Drive and to the 1811 diameter trunk in place on Lexington Avenue. Static water pressures in the proposed plat will range from 55 psi to 65 psi. Page 1. 176D 01 Storm sewer drainage for Duckwood Trails will consist of laterals drain- ing to a pond on the site. This pond is shown on the Master Plan for Storm Sewer as Pond DP-7. The one street in the plat is named Duckwood Trail and is a loop street connecting to Lexington Avenue and Duckwood Drive. This street will be con- structed as a normal residential street, 32' wide with concrete curb and gut- .ter and a 5 ton carrying capability. This project will also include the construction of an 8' wide bituminous trail in the right-of-way of Lexington Avenue as it abuts the proposed plat. The trail will be constructed in such a manner that it will not have to be re- constructed when Lexington Avenue is upgraded. All of the work on this project will be carried out on street rights-of- way or on easements provided on the plat. AREA TO BE INCLUDED: SJ, NE2, Section 15, T27N, R23W, Eagan, Minnesota except Duckwood Estates. COST ESTIMATES: The following cost estimates include construction costs plus 18% for engineering, legal, administration and other costs appurtenant to the project. ITEM DEVELOPER'S COST CONSTRUCTION COST Sanitary Sewer Laterals $ 10,000 $ 10,000 Water Laterals 29,400 29,400 Storm Sewer Laterals 27,000 27,000 Storm Sewer Trunks 41,300 --- Total Utilities $107,700 $ 66,400 Street Improvements 61,500 61,500 Bituminous Pathway 13,000 13,000 TOTAL PROJECT COST . .... .. . .. $182,200 $140,900 Page 2. 176D aq ASSESSMENTS: Assessments are proposed to be levied against benefited property in accordance with the rates in effect at the time of the public hearing. Current rates are as follows: Storm Sewer Laterals. ........ . ..... .. . . ... .. ... . . ... . ... ...$.034/sq.ft. Water Laterals . ..... ..... .......... ... .................. ..$ 9.60/FF Lateral Benefit from a trunk sewer .. .. . ...... . ........ ....$13.00/FF Lateral Benefit from a trunk water main - Single Family.. . .$10.90/FF Multiple Family..$13.05/FF Trunk Sanitary Sewer Area Charge . .. ..... .. . .... .. .... .... .$700/Acre Trunk Water Main Area Charge . .. ..... . ... .. . . .. ..... .... . ..$700/Acre Trunk Storm Sewer Area Charge - Single Family .. ........ .. .$0.034/sq.ft. Multiple Family . .... . .... .$0.0425/sq.ft. Commercial-Industrial. .... .$0.051/sq.ft. Street Improvements .. .. .... ... . ..... .... ...... .. ... .... .. .$20.00/FF Bituminous Pathway .. . .. .. ..... . ...... ... ....... .. ........ ..$.0134/sq.ft. REVENUE SOURCES: Revenue sources to cover the cost of this project are listed as follows: SANITARY SEWER CONSTRUCTION COSTS ASSESSMENTS BALANCE Laterals $10,000 $10,000 -0- WATER MAIN Laterals $29,400 29,400 -0- STORM SEWER Laterals $27,000 $27,000 -0- Trunks -- 41,300 +$41,300 TOTAL $27,000 $68,300 +$41,300 Page 3. 176D 3o ii STREET IMPROVEMENTS Duekwood Trail $61,500 $61,500 -0- Bituminous Pathway 13,000 13,000 -0- TOTAL $74,500 $74,500 -0- TOTALPROJECT BALANCE ...... ........ . .. ...... .. ...... .... ....... +$41,300 PROJECT SCHEDULE Present Feasibility Report .... ... .... . .... .. ..... ... . ... .. .Tuesday, May 20 Mail Notices of Hearing to Newspaper .. .... .. ... . .. ... . . ....Friday, May 23 Publication of Notice in Newspaper ....... ....... .. ... .... ..Wednesday, May 28 Mail Notice of Hearing to Public .... .. .. ...... .. .. .. .......Thursday, May 29 Public Hearing... .... . ...... . .... ... ..... ................ .. .Tuesday, June 17 Approve Plans and Specifications ....... .... .... .... .... .. . .Tuesday, July 3 Advertise for Bids - First Publication ....... . ..... ..... ...Wednesday, July 11 Open Bids .. ... .. . . .. . .. . .. . ... .. .. . .. ...... .. .. ... . ... .....Thursday, August 2 Award Contract .... ... .. ...... . ..... . ..... .......... ........Tuesday, August 7 Construction completion . .. .. ....... .. .... . . . . . .. ... ... . . ...November, 1980 Final Assessment Hearing .. ............. . .... ... .. . ...... .. .February, 1981 First Payment Due with Real Estate Taxes . .. . . . .. .. .. ... .. ..May, 1981 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professsional Engineer un- der the laws of the State of Minnesota. Keith A. Gordon Date: _ May 9; 1980 Reg. No. 10204 Approved by: �. L� LL; 14, Th omas Co lb er t Director of Public Works Date: S /l Ao-' o 176D Page 4. 31 1 putlot 0011%0% w Q / I DU%%oc OD jOSA OJG ____ 0 DUCK W00 1 DRI DUCKWOOD T8AIL8 PHASE ONE SANITARY SEWER PROJECT No. 308 Scale: 1" = Zoo 3a -ON ll� k NOW MOMS a tee. we. •SINS 1 put1oi B �` Z , ooODA � OJG� _�- N I DUCKWOO 1 DUCKWOOD TRAIL$ PHASE ONE � SANITARY SEWER. LATERAL ASSESSMENT AREA PROJECT No. 308 Scale: r� = zoo' 33 0'M MOK a aWwo we. 491H9 _ I ) put1oi 8 x J DUj%ot OD02 .FRAIL - outO Z Lu � C� Lj x DUCKWOO DRI DUCKWOOD TRAILS 1 ( pxasE ONE WATERMAIN PROJECT No. 308 xok: �•= zoo 3� l NOW sac a MWW-w we. 49189 putlot ��1\ N 2 Z � o0 Ld X DUCKW00 1 DRIVE DUCKWOOD TRAILS c PHASE' ONE , 1 WATERMAIN LATERAL ASSESSMENT AREA PROJECT No. 308 Scale: �•� = zoo' 35 �� Met, mat a tee, Mt 49189 � g n OuitOi 00%10% JI DP-8 OD �I � o J DUCKW00 1 DRIVE DUCKWOOD TBAIL8 1 ( p HASE ONE STORM . SEWER PROJECT No. 308 Scale: ,,,: Zoo 3� .�nn► .Me� Manc . ia�.e, .�e 49189 1 . 1 • 1 ou110t 8 uODFRAIL � p 1 oJGK N f 2 Z � Oz �1 � � J DUCKW00 DRIVE DUCKWOOD TRAILS 1 PHASE ONE STREET . PROJECT No. 308 scale: 1"= zoo' 39 �� MIOf, MOIa a RM C,SIG 49189 I 1 i • Agenda Information Memo June 13, 1980 Page Twelve SAFARI AT EAGAN PLAT AND DETAILED SITE APPROVAL A. Fortune Realty, Byron Watschke for Preliminary- Plat and Detailed Site Approval of Safari at Eagan and Site Plan for Shopping Center -- A public hearing was first held before the Advisory` Planning Commission on March - 25, 1980, to consider 'applications submitted by Fortune Realty fora preliminary plat and detailed site plan approval of Safari at Eagan. The preliminary plat' and. detailed site plan. is under consideration_ as the first phase of a community shopping center in accordance with the planned development- agree menta The City Council first considered these applications_ per the APC recommendations at the April 15, 1980, City Council- meeting. There was some concern by the audience about the validity of the mailing list and questions regarding the PUD agreement; and there- fore, the matter was continued until the May 20, 1980 meeting.' Again., there were questions At that meeting and there was a further continuance until the June 17, 1980 meeting. At the request of the property owners and City Council, the staff held, a meeting with residents of Woodgate, their legal counsel , Byron Watschke, the developer, -and Mr. Rod `Hardy of Dunn & Curry Real Estate Manage merit, Inc. Enclosed on page . ga is a letter that was mailed out to all the people who. attended the meeting held on Monday, June 9, 1980. There were a number of questions raised by the pro- perty, owners at the meeting. ' The main question was whether the City had a legal and binding contract with the developer, and se- condly, whether the property is zoned .community shopping center. The -City Attorney has addressed those two points and other questions in a memorandum enclosed on pages through For addi- tional information regarding this agenda item, pease refer to pages 35 through 56 of the May 20, 1980, agenda information packet. I did not recopy this support information because it runs for twenty one pages. If .any member of the City Council has misplaced this information,. please feel free to call Holly or the City Admini- strator on-Monday and ,those pages will be included with the Admini- strative Packet that same day. Though the staff, developer or residents of Woodgate did not make any acceptable conclusion re- garding this e-garding . this issue as far as the _zoning, PUD, or land use, it is at least apparent now to the Woodgate residents that the City` Coun- cil has an obligation to previous agreements and zoning and may not have any choice but to consider the applications. The residents realize `that their opposition may be with the developer. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation_ of the Advisory Planning Commission to approve the preliminary plat and site plan for Safari at Eagan, a community shopping center. THOMAS HEDGES BEA BLOMOUIST - - CITU ADMINISTRATOR MAYOR - - A THOMAS EGAN �' OF EAG�� CITY KE LER MARK PARRANTO GAGAN CLERK JAMES A SMITH THEODORE WACHTER >; 3795 PILOT KNOB ROAD COUNCIL MEMBERS EAGAN. MINNESOTA 55122 PNON[ 454♦100 June 6, 1980 Mr. Win Scott 1664 Hickory Hill Eagan, Mn 55122 Re: Proposed Plat for Safari at Eagan Dear Mr. Scott: I have made several efforts to . contact you this past week for the purpose of setting up a meeting to discuss the Safari at Eagan proposed preliminary plat. I contacted Olga Zender this morning and learned that you were out of town this week and would be returning later this afternoon or on Saturday, June 7, 1980. I would like to have a meeting to discuss this issue as early as possible next week, realizing that there will be a number .of questions raised by the property owners, the developer' and the City and it will take time to address those questions prior to the June 17, 1980 City . Council meeting. Therefore, a meeting is tentatively scheduled for Monday, June 9, at 1:00 p.m. for the purpose of. discussing the Safari at Eagan preliminary plat. Our office is contacting residents. who had asked to be contacted for the purpose of attending the meeting, if possible. Olga Zender is aware of the meeting and I .have contacted the attorney for the Woodgate Association, Mr. Clinton McLagen. Others contacted for the meeting include Byron Watschke, ' the developer, and a representative of Dunn & Curry Real Estate Management,- Inc. , who was a party. to the original Planned Unit Develop- ment Agreement. The City staff will be represented by the City Attorney, City Planner and myself. The meeting_ is intended to clarify ' the issues by evaluating all- the facts pertaining to the proposed _ preliminary plat for Safari at Eagan, which will allow the residents of Woodgate, the developer and the City Council to accurately address the proposed preliminary plat. If -you have any problems with the date scheduled for the meeting, please_ feel free to contact me over the weekend or Monday morning and we will make efforts to coordinate a different time. Sincerely, rjV"W41-6 Thomas L. Hedges City Administrator TLH/hnd _... w"J - A,Jr% GOAWTM lid ntin COMMUNITY.- __ • 0 PAUL H. HAUGE & Assocums, P. A. ATTORNEYS AT LAW 3906 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 33122 PAUL H. HAUGE o AREA C60E 612 BRADLEY SMITH June 13, 1900 TELEPHONE 434-4224 KEVIN W. EIDE Eagan City Council 3795 Pilot Knob Road Eagan, MN 55122 Re: Safari At Eagan Preliminary Plat -- Blackhawk Park PUD Honorable Mayor and City Councilmembers: This letter is a very brief summary of the history and some of the events culminating in the recent application for preliminary plat approval and de- tailed site plan approval submitted by Fortune Realty, Inc., for the approval of a 3 0-acre plan intended for shopping center purposes at the northwest corner of Cliff Road and Thomas Lake Road. I will try ,to summarize some of the background even though the record is somewhat sketchy. 1. On April 25, 1972, an application was heard by the Advisory Planning Commission brought by Fortune Enterprises and Byron Watchske to rezone from Agricultural to Planned Unit Development covering about 450 acres in scattered parcels generally known as Blackhawk Park PUD. There was discussion about development coming soon and on May 23, 1972 the Planning Commission questioned approval of the PUD indicating concern that the parks may not be developed for several years. No action was taken by the Planning Commission. The APC recommended approval as to parcels B and D only and not as to A and C. The applications submitted in April, 1972, for rezoning and Planned Unit Development for Eagan 500 appeared to include the subject property which is the south 1015 feet of the SE1 of the SW14 of Section 28 - 27 - 23. The writtensubmissions and drawings also included a commercial parcel of approxi- mately 30 acres in that location. 2. The Council on June 20, 1972, continued the public hearing to July 18 noting the need for more detailed plans. 3. On July 18, 1972, the public hearing was reconvened covering the 468 acre parcel when Mr. Watchske announced the withdrawal of the formal application for rezoning and Planned Unit Development and in place requested permission to present the proposal of. general development concept. The Council gave general concept approval looking toward ultimate approval of rezoning to Planned Development subject to certain conditions. 4. On July 24, 1973, the APC considered the annual review request for "Eagan 500" and a written summary was submitted and the APC placed the matter in the file until the next appearance. 14 City Council June 13, :1980 Page Two 5. On August 7, 1973, the Council simply reviewed the PUD and no action was taken on the annual review. 6. On June 25, 1974, the annual review- of Eagan 500 was presented by Mr, Ed Dunn and no changes were noted in the proposal. The submission -includes infor- mation on the commercial center. The APC recommended that a public hearing be scheduled in that a revision to Ordinance No. 52, Zoning Ordinance, was then taking place. 7. The Council on June 2, 1974, scheduled a public hearing for August 6, 1974, on Eagan 500 PUD. 8. On August 6, 1974, a public hearing was held before the Council which indicated approval of the PUD but which is noted as annual review. 9. On July 22, 1975, the application for annual review was submitted and the Planning Commission recommended approval subject to submission of a signed Planned Development Agreement. 10. In addition, an application was submitted in June of 1975 which was approved by the Council on August 5, 1975. 11. The next application was submitted in May of 1976 and approved in November of 1976. 12. In 1977 a request bf the City was made by .Dunn & Curry for annual review and a letter was received from Dunn & Curry dated September 19, 1977, asking for a delay in the annual review because the PUD Agreement had just been fully signed on June 21, 1977, and, Dunn & Curry had an application before HUD for financing guarantees. 13. , It appears the next application for PD annual review was on March 9, 1979, and approved by the Council on June 5, 1979. The drawings attached indicated Commercial in the proposed Safari At Eagan commercial site and a review was done by the City Planner at that time. 14. An application was submitted by-Eagan 20.7 C, a Minnesota limited partnership consisting of Fortune Realty, Inc., as general partner dated February 5, 1979 (I assume it should had been dated 1980) for preliminary plat approval and detailed site plan approval for Safari At Eagan shopping center. The Planner's report is dated March 19, 1980, and the public hearing was held on March 25, 1980. The APC recommended approval subject to many conditions and all members voted in favor. Also, the APC recommended approval of the detailed site plan unanimously. At that meeting the president of the Woodgate Homowners Associa- tion was present as were other residents from Woodgate and objected to the shopping-center for a number of reasons. 15. The City Council then heard the application on April 15 at which time objections were received and the Council requested further research from the staff and consideration on May 20, 1980. L4 A City Council • • June 13, 1980 Page Three 16. The Council again briefly considered the matter on May 30. A meeting had been held between the attorney for the Woodgate Homeowners objectors and City staff with additional information being supplied to the attorney. A letter dated May 19, '1980, from Clint McLagan,attorney for the objectors, was received indicating names of people who allegedly had not been notified of the hearing on March 25. Approximately 58 names appear on the Dakota County Abstract Company's listing of property owners within 354 feet of the 30 acre parcel and Mr. McLagan stated that 25. of those owners did not receive notice. According to, the Eagan records, notices were sent out to all of those persons and only one envelope was returned. In addition, Mr. McLagan stated that four other persons were not noticed but live within the 350 feet, but those names do not appear on the abstract company's list of property owners. At the May 20. Council meeting, Mr. McLagan again submitted a letter with three objections:` a. That certain persons were not notified of the March 25 hearing. b. That the Safari At Eagan parcel was excluded in the Planned Develop- ment Agreement legal description dated June 21, 1977. It was noted in the legal description attached to the Agreement including 13 meets and bounds descriptions that there was an exclusion for the south 1015 feet of the F z of the SW- of Section 28-27-23. c. That the development is unreasonable because it does not promote the public health, safety, morals and general welfare of the area. 17. On June 9 Tom Hedges called a meeting of several staff members, representatives of the Woodgate Homeowners Association, and Mr. Watchske and his representatives at City Hall. We discussed the three principal objections that the surrounding neighbors had and also reviewed the options on behalf of the City which are as follows: a. The Council could declare the PUD zoning valid and proceed to approve the preliminary plat. and the plan subject to conditions. b. The Council could declare the zoning invalid in light of. the fact that the PUD Agreement legal description. specifically excludes the commercial parcel and the following could then take place: (1) The applicant could submit an application to rezone the property for commercial purposes with the risk of being turned down by the Planning Commission and Council. (2) The City Council could, on its own motion., call a public hearing to rezone to any specific use. (3) The property owner and developer could bring an action against the City in an attempt to force the Council to allow the commercial zoning on the basis. of the past history and permit it to amend the Planned Unit Development to include the. Safari property that was excluded in the legal description. (4) The Council could amend the PUD Agreement and include the property which apparently was in to be included in the Planned Develop- ment throughout the history of the development. qq City Council June 13, 1980 Page Four 18. Miscellaneous. a. MSA 462.357, which is the planning and zoning statute, does not require mailed notice to surrounding property owners in the case of re- zoning. except under five acres. However, in the 1975 revision of the zoning ordinance and adoption of Ordinance No. 52, the Eagan City Council then imposed the requirement that the applicant submit a list of property owners within 350 feet of the property intended to be rezoned similar to applications for rezoning for preliminary plat and requires notice be sent to those property owners. b. Ordinance No,. 6, which was in effect until April of 1975, provided for Planned Development Districts at least as early as January, 1969, if not earlier. The applications for PUD approval followed the procedure for application for zoning with submissions to APC and approval after hearing by the Town Board. Miscellaneous information was required to be submitted and annual reviews were also required. Under Ordinance 6.04, a public hearing was scheduled and notice was sent according to Minnesota Statutes to property owners within 200 feet where rezoning was requested on parcels of five acres or less only. c. Ordinance No. 52, adopted in 1975, �provides for Planned Development Districts including the execution of a planned development agreement with the application being submitted in accordance with zoning _and. application requirements. The ordinance provides for staged development and also sketches showing various aspects of the development d. Zoning Map. It appears that the zoning map up to the present .time has indicated PUD for all of the Blackhawk Park PUD property and has not noted the specific zoning. e. Land Use Map. The Land Use Map that was submitted and prepared in 1975 indicated Neighborhood Business. f. PUD Agreement. In late 1975 we began work with attorney Bob Hoffman concerning both the Lexington South PUD and the Blackhawk Park PUD Agreements and this extended over nearly two years. Many drafts were done of each and it was finally fully 'signed and dated June 21, 1977. ;incer ly, Paul H. Hauge skk �S Agenda Information Memo June 13, 1980. Page Thirteen CENTRAL FENCE AND SUPPLY COMPANY FOR REZONING & CONDITIONAL USE B. Central Fence & Supply Company for Rezoning from A, Agricultural to LI, Limited Industry, and. Conditional Use Permit to Allow for Outside Storage - This item was continued from . the May 20 and June 3 , meetings - due .to a request from Central Fence and Supply Company and further review by staff, respectively. Mr. Jim Sanders, who represents Central Fence and Supply Company," will be present at the meeting ' on Tuesday. At the City Council' s request, Mr. Sanders did meet with the Director . of Public Works and City- Planner and reviewed all the items he brought before the City Council at the last meeting. Central Fence and Supply Company has submitted a proposed development, plan showing the future upgrading of the pertinent lots located in :Eagan where the proposed I .future office conversion is located. Public Works Director Colbert has made various comments` regarding the site plan layout which will be re- vised by the firma Mr. Sanders, the attorney for the petitioner, has also been informed and ' it is the staff'.s understanding that he agrees to the acceptance of the assessments "for lateral benefit from trunk sanitary sewer and .water main at the time the rezoning is approved. This assessment amounts toa total of $7,714.97 based . on front footage as computed by a certificate of surveys as sub- mitted to the Director of Public Works ' attention on May 30, 1980. The City staff is in Iagreement to the five year 'phasing program as outlined in Mr. Sanders ' letter, attached on pages y1 through and all other conditions as outlined in. the Advisory Planning Commission minutes from the April 22, 1980 - meeting. A copy of those minutes are enclosed on pages through s3 Therefore, it appears all matters 'have;.been res . ACTION TO BE CONSIDERED ON THIS MATTER: To ,either approve or deny the recommendation of the APC to approve the Central Fence & Supply Company rezoning and conditional use permit per their conditions and upon acceptance of the five year phasing program. cUITS§KI fld= A copy of the Planner and Public Works Director's report is enclosed on pages 75 through 82, of the May 20, 1980 agenda information packet. WAGNER, JOHNSTON & FALCONER, LTD. ATTORNEYS AT LAW 620 NATIONAL CITY BANK BUILDING - 510 MAR.OU.-ETTE .AVENUE OF COUNSEL DON R.JOHNSTON - C.J. WAGNER ALAN W. FALCONER .MINNEAPOLIS, MINNESOTA 55402 - ROBERTA.JUDD STEVEN B.NOSEK 1612) 339-1421 JAMES K.SANDER June 10,. 1980 The City of Eagan Attention: Mr. Dale C Runkle City Planner 379.5 Pilot Knob Road' Eagan, Minnesota. 55122 Re: Central Fence and Supply Company Dear Mr`. Runkle: This will follow up our earlier conversations. and correspondence regarding the applications of Central Fence and Supply Company for a rezoning and conditional use permit. The applications were sub- mitted on March 31, 1980 , They came before the Planning Commission for hearing on April 22, 1980 , The hearing for final approval by the Eagan City Council was rescheduled to June 3, 1980 . At that time? I. presented Central Fence's request for final approval and our request for a period, of five years in which to meet the various conditions suggested by the Planning Commission. At the June 3rd meeting,. the City Council felt that it had not had enough time to be briefed by the staff, or to fully consider Central Fence' s applications. The council continued the hearing to its next meeting on June 17th. In the meantime, I am writing to out- line again for you and for the benefit of the council the scope of our applications and, the changes we are requesting. If you have any additional questions, or need any further explanation of our position, please feel free to call me . You will recall from my March 31, . 1980 letter that Central Fence and Supply Company is a wholesale supplier of fencing materials, doing business at its present location in Inver Grove Heights for approximately ten years. Central Fence and Supply Company has been short of storage space for its growing business, and recently pur- chased land. to the west, in the City of Eagan. I have referred to that land as Lot l and Lot 2. I have attached for reference a photo- copy from our sketch plans showing Lots 1, 2 and 3, and the location of the buildings and proposed fence. Lotsl and 2 are the subject of Central Fence" s applications. ` Central Fence's principal objective, reduced to its simplest terms, is to be- able to use Lot 1 as an out- door fenced storage -area. yZ Page 2 . REZONING To reach the objective of expanded storage area,. Central Fence applied for a rezoning of 'both Lots 1 and 2 to Limited Industrial from the present zoning of Agricultural . The rezoning is consis= tent with Central Fence 's existing business property in Inver Grove Heights. It is also consistent with the zoning of the large West Publishing Company property to the north. The surrounding land owners were notified of the proposed rezoning prior to the April 22nd Planning Commission meeting. No residents of Eagan have objected to, or questioned, the proposal to the best of my knowledge. The staff report of April 15, 1980 , also did not object to the re- zoning proposal. The Planning Commission, however, did place some conditions on the rezoning which I` will refer to again later. CONDITIONAL USE In addition to rezoning, Central Fence applied for conditional use permit to use Lot 1 as an outdoor storage area. We. submitted to your office sheets 1 and 2 of a_sketch plan, showing how Central Fence proposed to develop the storage area with .fencing, planting andaccess. - At the time of the April 22nd hearing, I advised the Planning Commission that Dakota County has given its approval to a driveway access to Lot 1, to be located 250 to 300 south of the center line of Wescott Road. Culvert has already been delivered there for installation should the project be able to proceed. DEVELOPMENT OF LOT 2 Lot 2 has a house and garage-on it. Central Fence bought the par- cel to . consolidate its control of the whole site, but it had no intention of developing. the lot further. At the time of the appli- cation, I indicated that the lot might eventually be turned into an office for a business. There was no other proposal, however, for the development of Lot 2 at the time of the application. A subsequent staff report changed the picture on Lot 2 considerably. Paragraph 8 on Page 2 of the Staff Report shows a concern that mixed uses on Lots 1, ` 2 and 3 not go on indefinitely. The report called for a schedule to convert the property from a residence to an office . Central Fence and Supply Company is proposing, at this time, to arrange such a schedule for conversion over a .period of five years. The Staff Report, however, at Paragraph 5, seems to make full development of Lot 2 , with parking, curbing and driveways, a pre- condition to the conditional use on Lot 1. This is the direction the discussion took -at the Planning Commission meeting, with Lot 2 assuming a, very large part in the entire project. y$ Page 3. By the end of the Planning Commission meeting, the Planning Com- mission gave its approval of the application -' .subject to a number of conditions. The Commission suggested conditioning the rezoning upon submission of satisfactory plans for curbing, parking and other improvements on Lot 2; hookup of city sewer and water to the house on Lot 2; and assessment ,of Lot 2 for lateral benefit from city sewer and water. We have now supplied both you and Mr. Colbert with a survey and topographic map, and with a third sheet of sketch plan, showing more detailed proposals for curbing, parking, drainage 'and. drive way areas on Lot 2 In the course of developing this more detailed plan, however, it has become apparent to Central Fence and Supply Company that, it cannot possibly affort to fulfill all of the proposed conditions and complete all: of the curbing, paving; and sewer work at this time. These will be very substantial expenses. They were not planned for when Central Fence and Supply Company made its appli- cation, and if the full development of Lot 2 is to be a precondition of approval of a conditional use permit for the fenced storage area, then Central Fence and Supply Company may be unable to obtain the additional storage area it needs. PROPOSED CHANGE OF CONDITIONS Now, as Central Fence and Supply Company presents its applications to the City Council for final approval, it will be asking for a change in the conditions as outlined by the Planning Commission It will be requesting permission to carry out the conditions and development for Lot 2 over a period of five years . Central Fence and Supply Company requeststhatthe rezoning of the ..entire tract to Light Industrial be granted now, and that the con- ditional use permit for fenced storage be granted now. The condi- tions set out for the fenced storage area are not in question, except insofar as ,they are affected by Lot 2 . Central Fence pro- poses that the rezoning be granted with the understanding that the special assessments for lateral benefit of trunk sewer and water mains will attach upon approval of the rezoning; that the house and garage. on Lot 2 be allowed to continue to be used as a, residence for up to five years. During that period of time, Central Fence and Supply will 'convert the house to a business office. At the time the house is converted to office space, Central Fence and Supply will connect the building to city sewer and water. Within the same five year period, central Fence will complete the curbing and paving work for parking and driveway areas in accordance with the sketch plan and with the approval of the City Public Works Department. y,l Page 4 . Central Fence and Supply Company is making these requests for additional time because of the financial hardship which will result from enforcement of the conditions as presently constituted. It does not appear that any substantial harm will result to the City or neighboring properties from a phased development of Lot 2 and phased development will permit the prompt completion of the fenced storage area for which Central Fence has an immediate need. It is my belief that this proposal is consistent with the intention of Paragraph 8 of the Staff Report-, and from our discussions, - it does not appear as though the City Planning, or Public Works .Depart- ments will object. I ask again that if you have questions or further requirements as you prepare your position for the City Council , please feel free to contact me. Thank you very much for your cooperation in this matter. Yours very truly, WAGNER, JOHNSTON & FALCONER, LTD ander (;JK cc Mr. Tom Colbert s� � I r � l �r is o, ' U � : a v <—b-I—& -1 lee II^^ l Rfk-lQVIW4771T _ 7'-%Z- I',' jN i 11 / ♦� "b O biAA lool M / i v APC Kinuces • April 22, 1480 Page Three The applicant proposes to develop- a fence with barbed wire around the 6. p roval of the City Council property and this fence shall require the specific app in accordance with Section 52.06 - Subd. 20 of theCity's Zoning Ordinance dealing with#ences. ed 7. The applicant shall be oeachieveta oneuir -half rightcate -ofawayidedication of along pilot Knob Road in order t ap licant 'shall also be 75 feet from the centerline of Pilot Knob Road. The he proposed driveway. required to receive approval from Dakota County for the prop _ 8. The applicant shall be required to dust control the crushed roleading ck ired parking lot at all times and also be re 4u lott� surface lotwith the initialvdevelop- from Pilot Knob Road to the: edge of the parking went of this facility. All members voted in favor except Wilkins who voted no. CENTRAL FENCE ANn SUPPLY COMPA' CONDITIONAL USE PEP-MIT AtiD RFZOvING The chairman then convened the public hearings regarding. the application Company for rezoning from Agricultural to I-1, of Central Fence and Supply P y Limited Industrial and conditional a use permit to allow 0 of Wescott Roadutside aand County two parcels of property 1 the of fencing supplies and equipment. . Road 63 near-Highway #49. The outside storage, will be located on the south two for Central Fence and supply Company y arcel in Inver -Grove acres of the site. It was noted proposed tothat nbeal Fence owns rezoned in Eagan. Heights adjacent to the area p p Mr. James Sander, attorney for Central Fence, and Mr. Leonard Hersten, president_ of Central Fence, were present. The property owned by Central Fence r. er ed' the is zoned Light Industrial in Inver Grove Heights andfenceSto storedthe tfencing 2-1/2 acre tract would include an 8-foot chainRoad '63 to the materials. There was discussion concerning access for County wired to storage site. The applicant requested that the 8-€oot fence not be req pro er1v be placed 10 feet south of the proposed office site, but rather on the p P re are line of the proposed office site parcel. Med noor. tato be assessedorbeerequired no objections to .the conditions but preferred. ro erty al to connect to sanitary sewer and wat1978eLindicated thatnifeandhwhenat htheppC1P uld Assessment Cocmnittee on October 30, ing single that it wo was converted to another usssessmentsthan forthe lateralxistbenefitf fOm trunk utilities be required to assume the a for both sanitary sewer and water. - After considerable discussion, Krob moved to recommend that the property ect to iO be rezoned to Light Industrial. Gitseconded the conditithe onal use,perm it.thAllon- ditions hereinafter. mentioned relating voted in favor. Krob then moved, trait seconded a moon.ence undethe,outside approval of the conditional use p rto allow two acres of the site with the storage area relating to ,t he south app ro erty line understanding that the fenCea would lsb alto ed theon hfollowinglconditions includ- between the two designa p , lication. ing those that apply to the rezoning a pp plan in tarea of the existing home/proposed 1. A more detailed site p roved he he the City prior to final approval of the office shall be submitted and app conditional use permit a APC Minutes April 22, 1980 Page Four 2. Accesses to the property from County Road #63 (Dodd Road) shall be approved by Dakota County. 3. The conditional use permit shall be approved for a period of- seven (7) years provided the developer complies with the conditions under which the conditional use permit is granted and all other pertinent ordinances of the City. 4. The applicant shall be required to- dust control the outside storage area at all times. - S. The perimeter fence shall be set back a minimum of 20 feet from the right-of-way line along Dodd Road and the setback area shall be bermed and land- scaped as approved by the City. The driveways and parking area related to the proposed office shall be surfaced prior to the development and use of the out- side storage area. 6. Materials and equipment stored in the outside storage area shall relate directly to the Central Fence and Supply Company's operation and no other out- side storage shall be permitted unless approved by the City Council of Eagan. 7. At such time as any application for building permit is requested of the City, the property shall be platted. 8. With the rezoning of this property and the approval of a conditional use permit, the City does not intend .to promote the dual use of property wherein the'existin.g house would be continued to be used as a residence for a long period of time. The applicant shall submit a proposed schedule for converting the residence into an office which shall be approved and become a part of this conditional use permit. 9. Lateral benefit from trunk water main and sanitary sewer shall be assessed against this property in accordance with existing assessment policy pertaining to Limited Industrial zoning. 10. A detailed site plan shall be submitted and approved, indicating the limits of the open storage, parking area, entrance drive, and landscaping ground cover. This plan must also indicate grading elevations and drainage patterns. 11. The existing residential property (proposed office complex) shall be connected to existing sanitary sewer sysetm rather than to the on- site disposal system;at the time of- conversion to office use. 12. Adequate right-of-way on Dodd Road and Wescott Road shall be dedicated to the City as required by the staff. 13. A landscape bond shall be submitted of $2,000 to be retained for one year together with landscape plan to be approved by the staff pursuant to City ordinance. All voted in favor. S3 Agenda Information Memo June 13, 1980 Page Fourteen OFF-SALE LIQUOR LICENSE - MAHMOOD AGHASSI C. Off-Sale Liquor License Application for Mahmood Aghassi at the Silver Bell Shopping Center -- A new -application for an off- sale' intoxicating liquor license was received from Mahmood Aghassi to be located at the Silver Bell Shopping Center. This item was on the City Council agenda for the June 3 1980, meeting but was continued at Mr. Aghassi ' s request due to his illness. As the City Council recalls, an application was submitted -by Mr. . Aghassi for an off-sale liquor license at Silver Bell Shopping Center last year and brought before the City Council at the November 7 , 1979 meeting. This application was denied for ten ( 10) basic reasons ., Again, I am .enclosing a- copy of those minutes which are found on pages through (� The Police Department has run the neces- saryi sary and accor •ng to Chief of . Police DesLauriers , - there is not reason to deny td he license as submitted. The City Attorney has addressed the issue of considering -the new application and this memorandum is -enclosed on pages 57 - through 5 For a copy of the personal information sheet and off-sale li.qu' or license application, please refer to the June 3, 1980 packet. This informa- tion was enclosed as a supplement without any specific page numbers. ACTION. TO BE CONSIDERED ON THIS MATTER: Since the City Attorney has ruled that there- is. no motion necessary to consider the new application, action. is therefore in order' to either approve or deny the application` submitted by Mr.` Agahassi for an off-sale liquor license at the Silver Bell Shopping Center. T3 3 City Council- Minutes lNovember 7, 1979 Page Nine 1. An agreement be signed by the owner that ,when utilities are available to this site he or his successors would not object to his fair share of the assessments.. ' 2. . That roads be brought up to a standard that the City coulc accept Gun Club Road as a public street. 3. That the house locations should follow. the proposed sketch- plan in order to carry out plans for the future subdivision of the property. 4. That the proposed . plat should be subject to the park dedication requirement: 5. That all grading, drainage and utility easements should be approved by the City Engineer. 6. That a 10 foot drainage and utility easement be dedicated along all rights of way and centered over all common property lines. 7. That the plat .*not be approved until sufficient right of way have been obtained providing for 'a full 60 foot right of way access from Trunk Highway #3 to the West edge of this plat. All members voted in favor. D 79-1- OFF-SALE LIQUOR LICENSE - SILVER BELL SHOPPING- CENTER The application of Mahmood Aghassi for off=sale liquor license at Silver Bell Shopping Center was next presented to the Council . Mr. Roger Sax, attorney, appeared for Mr. Aghassi as did Mr. Aghassi. There was discussion by the Council and Mr. -Sax concerning the City Council policy granting off-sale liquor licenses stating that the 1973 policy procided for two off-sale liquor licenses in the City._ It was noted that there were two existing off-sale liquor license stores and _the intent of the Council was to - preclude duplication of facilities in close proximity to each other. There were questions by Mr. Sax as to the basis for main- taining the policy originally adopted by the Council -on February- 22, 1973. Councilmen Smith :and Egan explained some of the reasons including the proximity' of one location to another, health and welfare of the community including safety, platting and development including the comprehensive planning of the City, social arguments concerning an overabundence ` of liquor licenses, the discretionary powers of the Council, the fact that the Council has been consistent in location in the granting of such licenses, the impact upon other licensees, the close location. of other stores in neighboring com- munities, etc. It was further noted that there was -an application SS V 'Aydp J City Council Minutes • Novenber - 7, 1979 Page Ten for a Montessori School within the same shopping center later in the agenda and further that at least one other off-sale liquor license application had not been granted approval recently on the basis of the existing policy. It did not appear according to the Councilmen that the basis for the policy had changed since 1973 when if- was first adopted. After considerable discussion, Egan moved and Smith seocnded the motion to deny the application on the basis of its being contrary to. City Council policy of February 22, 1973, and for reasons including those noted above and the fol- lowing: 1. It did not appear to be justified in terms of need. 2. The location appeared to be unsuitable for the reasons • described above.` 3. That the location appeared to be too close and within about 2 blocks of an existing off-sale liquor license. 4. That the, policy of 1973 did appear to be valid in light of present conditions. S. The planning and development of the entire community including the comprehensive plan now in process appeared to preclude change in the' pol'icy and offer basis for denial. 6. The discretion of the Council in granting or denying liquor licenses appears to be overriding and , gives the Council the right to deny in light of the reasons stated.-in the motion. 7. The social argument of the grant of liquor licenses dic- tates the setting of policies concerning grant of liquor licenses. 8. The Council had been consistent in the grant of off-sale liquor licenses throughout the community. 9. * There could be an adverse impact upon other licensees in the City, particularly in close proximity to the proposed loca tion. 10. The policy is also based upon the location of off-sale liquor licenses in neighboring communities, certain of which are in close proximity to the proposed location. Those in favor: All Council Members. Against: None. SSP ._ i0 PAUL H. HAUGE & ASSOCIATES, P. A. ATTORNEYS AT LAW 3308 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA -55122 PAUL H. HAUGE AREA CODE 812 BRADLEY SMITH TELEPHONE 454-1224 KEVIN W. EIDE June 2, 1980 Mr. Thomas L. 'Hedges,- City Administrator City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Re: Consideration of New Application for Off-Sale Liquor License for Silver Bell Shopping Center Dear Mr. Hedges: On November 7, 1979, the Eagan City Council denied an application of Mr. Mahmood Aghassi for an off-sale liquor license for Silver Bell Shopping Center. The reasons for the denial. are included in the Council minutes which have been included in the Agenda Information distributed May 30, 1980. Mr. Aghassi has filed a new application for an off-sale liquor license for the same location and you have asked whether the Council should consider any special procedures in again acting upon an application by Mr. Aghassi. The Council has from time to time reconsidered various questions through a motion for reconsideration. This motion is brought by a member of the Council who voted on the prevailing side- of the original motion and it must be brought during the same or next Council meeting. A motion to, reconsider would appear to be inappropriate under these circumstances. Eagan ordinances also provide limitations on the ability to have a request, originally denied, heard again by the City. Council for a period of time. Such an ordinance provision is Section' 52.06, Subd. 19 (D) regarding requests for variances, conditional use permits or rezoning. There. is no similar requirement in Ordinance 42 which regulates applications for an off-sale liquor license. There being no ordinance impediment to the consideration of this new appli- cation the general rule cited in Robert's Rules of Order would appear to apply: That any motion that was introduced but not adopted during one session can be reviewed at any later session unless-it has become dilatory or frivolous (Robert's Rules of Order, §37) . This would not appear to be-the case here as, even though .the factual basis of the original Council determination has not changed, the membership of the Council.has been altered and a change in the position of the Council is certainly possible. s� Mr. Hedges June 2, 1980 Page Two It appears that the Council does not have to consider any special motions in acting upon the new application of Mr. Aghassi nor does there appear to be any reason why the Council should not act upon the matter again. Very truly yours, PAUL H. HAUGE & ASSOCIATES, P.A. Kevin W. Eide skk �g Agenda InformationMemo June 13, 1980, Page Fifteen MAROTZKE ADDITION D. Earl Marotzke for Marotzke -- At the time the preliminary plat` for Marotzke Addition was consider by the City Council;. Mr. Marotzke was asked - to provide the necessary easement, for a public street referred to as Gun Club Trail . Mr. Marotzke periodically notivied this office that he was unable to acquire the necessary right of way from the Gun Club.. The City Attorney mailed_ a letter to the Gun` Club asking that the easement dedication be provided to : the City. There was no action taken on this matter . Then, a building permit was requested by, the Gun Club and approval was given subject to their dedication of a forty foot right of way. As a result of that action, Mr. Marotzke asked that his preliminary plat be placed on the agenda for the June 17 meeting. The City Attorney' s office has sent out a letter requesting the :easement from the Gun Club and it is their understanding that 'once the easement is signed and received. from the Gun Club, Mr. Marotzke will sign his- easements as well . : At the ,time of this memorandum, those documents ' have not been returned to the City Attorney' s office. ACTION TO BE CONSIDERED ON THIS MATTER: To continue the preliminary plat' for Marotzke Addition until the ea ements are received by the City, which is consistent with previous action. If the ease ments are received by Tuesday, then action is in order to either approve or deny the preliminary ' plat for` Marotzke - Addition. A copy of the plat is enclosed. on page (Vo rJ l 1 . L1 fly- I t 1„ s � — . ar 1 s � t 1 em. i 1 (a O Agenda Information Memo June 13, 1980 Page Sixteen DODD ROAD EASEMENT E. Dodd Road Easement for Dineen &, Lexington South, Inc. , Properties -- A special ' Assessment Committee meeting was, held on April ' 17 1980, to consider a decision reached by the City Council to purchase 1.5 acres from Dunn & Curry which had been severed due to the Dodd Road street improvement revision in 1979. The reason this matter was brought before the Assessment Committee was regarding questions as to whether the City should .assess the small parcel agreed to be purchased by the City from Lexington South for benefits for the street and utility improvements., particularly if the owner of the property to the east did not purchase that 1.5 acre parcel . The recommendation of the Assessment Committee to the City Council was .to" purchase the parcel and fee action . be rescinded and that the offer of Dunn & Curry to pay $3,000 per acre for severence. damage excluding the existing Dodd Road right of way be paid to Dunn & Curry, provided, however, that Dunn & Curry, Lexington South, Inc. , will agree to be assessed for the normal lateral utility assessments , street. assessments and utility ..assessments on the parcel.. Mr. Donald F. Giblin, attorney at law representing the Michael Dineen property, had not asked for any hearing before the Special Assessment Committee but did take issue with the City Coun- cil in a letter dated May 22, 1980, regarding the Assessment Com- mittee action ommittee -action that affects his client. Again, a copy of this letter and the response letter from the City Attorney' s officeis enclo-"d on pages (02L through (� 3 . A memo that attempts to address the City acq— u- si ion of t severed parcel . on Dodd Road and which shows a map is enclosed on pages (A, . through _. An assessment has to be determined for the Michael Dineen property on Dodd Road in relation to resolving the excess parcel situation with Dunn & Curry. The staff has thought about treating his useable three plus acre parcel "pie shaped" Tot and adding the front to the back and . dividing by two. But further thought. on the part. of the Direc- tor of , Public Works is that this -assessment method 'is not fair. He can develop sufficient number of lots directly. on Dodd Road to receive- full benefit This whole issue might cause some problems and the City Council may wantto defer this matter. back to the Special Assessment Committee. ACTION TO BE CONSIDERED ON THE MATTER: To either defer the matter to the Special-' Assessment Committee or address the request of Mr. Giblin 'with . final action on the part of the City Council at the meeting on with. . �o i_ DONALD F. GIBLIN ATTORNEY AT LAW MINNESOTA STATE BANK BUILDING - 200 SO. ROBERT STREET SAINT PAUL. MINNESOTA 55107" (612) 222.2734 May 22, 1980 Mayor and City Council City of Eagan 3795 Pilot Knob Road Eagan, MN 55121 Re: Improvement 79-12 Dodd Road County Road 30 - County Road 32 Michael Dineen Property Dear Honorable Mayor and Council: Please take notice that I am the attorney for the above named land owner in Eagan and I_ am rather amazed and confounded at the _actions of the City Attorney and his associates, the Mayor and Council and the assessment committee. - After reading my initial correspondence to Mr. Kevin Eide of November 21 , and reviewing the return letter of January 2 from the City Attorney' s office, -it seems extremely strange that the change of events took place without any knowledge on the part of myself or my client. What kind. of. a governing body sends a letter of notice of a hearing out on April 22 indicating that an assessment committee meeting was held on April 17 without any notice to myself 'or my client, 'and then indicating that the Council would hear the matter on May 6. I strongly urge that 'you have -an investigation of this entire matter and the relationship between Dunn & Curry Real Estate and members of the Council and City Attorney's office. I would like a complete explanation of what is being pulled off by members of our governing _body of Eagan. In addition to being._ the attorney for the above named land owner, I happen to be a resident of the City of Eagan and I am more thanconcerned with some of the shenanigans that are going on in the City. It seems more than strange to me that the .offer of $6,000 for the 1 .45 acres of Dunn & Curry' s was changed so that to Mayor and City Council May' 22 , 1980 Page 2 they received $3,000 for merely an easement which created frontages on both sides of the newly laid out road. That does not appear to be an arms-length transaction inasmuch as no. condemnation was commenced. In so doing my client has effectively had his frontage eliminated and for the most part, is completely land-locked. Your City Attorney may be astute enough to indicate . to you that the City is now vulnerable for an inverse condemnation .action brought by my client which will cost_ the City extremely more money than the former agreement which was made by agents of the City. It is absolutely appalling .to me how the representa- tives of. the of the City have acted in this matter thus far. I would like an immediate explanation. Sin erely, Donald F. Gi in DFG:gb cc: Paul H. Hauge & Associates, P.A. Attorney - at Law co3 4 PAIIL H. HAUGE & ASSOCIATES, P. A. ATTORNEYS AT LAW 390E SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HAUGE May 28, 1980 AR[A COOK E/2 BRADLEY SMITH TaLc►wowE 454.4224 KEVIN W. EIDE Mr. Don Giblin Attorney at Law Minnesota State Bank Building 200 South Robert Street St. Paul,MN 55107 Re: Michael Dineen Property Eagan Storm Sewer Project #241 Dear Mr. Giblin: In response to your letter to the Mayor and City Council of the City of Eagan, . dated May 22, 1980, I would like to set forth our understanding of the events which have transpired to date and also the present status of the approximately one acre tract of land in which you are interested. During the fall of 1979, your client Mr. Dineen, Bob Rosene, and I met at the City Eall to discuss a proposed exchange of a sliver of land which was being severed from a larger parcel .owned by Lexington South, Inc. , by the relocation of Dodd Road. Following our discussion and City Council consideration of this tentative proposal, you set forth certain conditions to be agreed upon in your letter.of November 21, 1979. At that time you asked our office to respond as to the details of your proposal. In response to this letter, I set forth a six point proposed settlement based upon discussions with the City staff. This settlement, as you will note at the end of paragraph 1 of my letter of January 2, 1980, was expres- sly contingent on the City obtaining a fee interest in the'property. Our final correspondence involved a letter by you dated January 9, 1980, requesting an exact calculation of the assessments which would be levied on the entire Dineen property assuming this proposed settlement would be reached.. I responded on January 18, 1980, by setting forth the City's policy regarding assessment of unusually shaped tracts of land and sug- gesting that any further clarification would require an assessment committee determination and asked that you contact me if further information was requested After January 18, 1980, there has been 'no further correspondence. On or about December 19, 1979, the Eagan City Council agreed to purchase the sliver of land from Lexington South, Inc. , for the sum of $6,000 repre- senting a fee title interest to the property. However, in attempting to close on this particular. piece of property, the City informed Lexington Mr. Giblin y May 28, 1980 Page Two South, . Inc. , of the normal City policy of requiring all assessments, pending and levied,. to be paid prior to the acceptance of land by the City of Eagan. In this case, Lexington South, Inc. , would be required' to pay for the utility and street assessments which are the result of the present Dodd Road improvements.. Lexington South, Inc. , objected to this requirement and requested a determination of the matter from the Eagan Assessment Committee. On April 17,1980, this matter was-discussed by the Committee and at that time and without prior knowledge of the staff or our office, the representative of Lexington South, Inc. , suggested that, .,in resolution of the various assessment questions, Lexington South retain fee title interest to the severed property and continue to pay assessments and that it receive $3,000 in damages due to the virtual uselessness of this property to Lexington South. The Eagan Assessment Committee determined this to be an equitable resolution of the matter and recommended to the Eagan City Council that the original agreement to purchase be rescinded and this compromise solution substituted. Subsequent to the Assessment Committee decision, notice of the Assessment Committee recommendation including notice of the May 6, 1980 Council meeting was forwarded to Mr. Dineen. Consideration of this matter has been postponed and rescheduled to the Council meeting on June 3, 1980. Hopefully this matter will be equitably resolved at that time. Sincerely, Kevin W. Eide skk cc: Thomas L. Hedges �s • • PAUL H. HAIIGE & ASSOCIATES, P. A. ATTORNEYS AT LAW. 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 PAUL H. HAUGE June 13, 1980 AREA CODE 612 BRADLEY SMITH TELEPHONE 454-4224 KEVIN W. EIDE Honorable Mayor and City Councilmembers City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Re: Dodd Road Right-of-Way Project 479-12 Dear Mayor and Councilmembers: The staff has participated in ongoing negotiations regarding a parcel of land, approximately 1.45 acres in area, located between the newly acquired right-of- way for Dodd Road and the previously used street. This parcel is bounded on the west by property owned by Lexington South, Inc. , and on the east by property being purchased by Michael Dineen and property owned by George Dehler and others. Lexington South, Inc., has argued that this property, after being severed from its remaining properties, has a significantly reduced value for which it should be compensated. The City Council, in December of 1979, authorized the purchase of this parcel by the City for the sum of $6,000. It was the intent of the staff, with Council approval, to negotiate the sale or transfer of this property to the abutting landowners on the east, either for money to recoup that used in the purchase of the property or for other considerations such as the dedication of easements`. Since that time, a question regarding the payment of assessments presently pending against the property has come up and Lexington South, Inc., has stated that it would be willing to keep the property and pay off future assessments against it if it were to receive the sum of $3,000 in damages for the severence of the property. The Eagan Assessment Committee has recommended that the original agreement to purchase the property in fee be rescinded and that the $3,000 be paid to Lexington South as damages. If this alternative were chosen by the Council, the City would suffer the cost of $3,000 in damages but would receive payment for all assessments. If this alternative is chosen, Lexington South should waive any objection to assessments for the full front footage or area of the property even though the City may not be able to show that much benefit to the small and odd-shaped parcel. As a second alternative, the City Council might also reaff irm. its decision to purchase the property in fee and then return the property to the abutting land— owners on the east for valuable consideration. The staff has negotiated the transfer of more' than one-half of the severed parcel to Mr. Dineen in exchange for a utility easement crossing the length of his property east to west. This easement was felt necessary by the staff to serve the South Oaks development and also for future development of the Dehler property as discussed below. City Council June 13, 1980 Page Two The purchase in fee of the severed parcel has the following advantages: 1. The difference between the amount to be paid to Lexington South for a fee interest rather than severance damages($3,00.0) would be returned by the granting of a utility easement by,Mr. Dineen for which the City would pay approximately $4;000 under the normal City policy of paying $1,000 per acre for temporary easements and $2,000 per acre for permanent easements. There has also . been discussion with Mr. Giblin about the grant of a ponding easement in exchange for waiver of all area assessments according to City policy. Mr. Dehler has also expressed interest in purchasing the property adjacent to land presently owned by him. 2. The severed parcel should be developed with the property adjoining it to the east. 3. Mr. Dineen has raised the question of whether the City could remove access to his property by the relocation of Dodd Road. While it is not clear that Mr. Dineen would have the right to an action against the City if Lexington South would retain title to this severed parcel, the transfer of the parcel to Mr. Dineen would prevent future ill will and possible litigation. 4. Residents of the South Oaks Development have, in the past, discussed the possibility of obtaining utility service in that area and Mr. Dehler has recently discussed the development of his property. The utility line easement which would be obtained from Mr. Dineen would be necessary to serve both these parcels with sanitary sewer and water. Mr. Dineen, or his attorney Mr. Don Giblin, will hopefully be in attendance at the June 17, 1980, Council meeting to discuss these alternatives. A copy of this letter is being sent both to Mr. Giblin and Mr. Hardy of Lexington South. It is our understanding that Mr. Dineen is in agreement with the transfer of the parcel adjoining his property in exchange for the dedication of the temporary and permanent utility easement. Mr. Dineen has argued that a full frontage assess- ment should not be computed against his property due to its unusual shape and a lake which encroaches on approximately one-third of the parcel and he has requested clarification of how this property would be- assessed. Mr. Colbert will be available at the City Council meeting to provide recommendations or answer questions regarding the assessment of, this property. As mentioned above, Mr. Dehler has contacted the City regarding a proposed subdivision and has expressed interest in the portion which abuts his property. The staff has informed him that this property may be purchased from Lexington South and. he has-expressed tentative agreement to purchase the property at the City's cost. In conclusion, the Eagan City Council is being asked to determine whether it is in the City's best interest to pay severance damages to Lexington South due to the relocation of Dodd Road or to purchase the severed piece and then transfer it to the landowners to the east for consideration. Sincerely, Kevin W. Eide skk cc: Rod Hardy f .z� O ` V �• 40 ML Ir v n � 0� i C • n N G1 COD E y l o �Q :x It P` Sou 7;V of IA1E N b .4 1A19- :51CIO 0 o 13 + �o 40 I o •, r w a h to SO �4 Agenda Information Memo June 13, 1980 Page Seventeen FAITH FAMILY FELLOWSHIP CHURCH A. Special Permit for Faith Family'Fellowshp Church to Hold Church and School Services at 3815. Cedar Avenue South, Zoned Industrial - An application was submitted by Pastor Grady Miller, of Faith Family Fellowship Church for a` special permit in order to allow the Globe Master Building to be converted into a church school type facility,. The City Planner has reviewed the application and has written a memorandum with an attached site plan for review by the City Council . This informationis enclosed on pages through,31 ACTION TO BE CONSIDERED ON THE MATTER: To either approve or deny the application for a special' permit in order to allow the Globe Master Building to be converted into a church 'school facility. 70 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, CITY PLANNER DATE: JUNE 12, 1980 SUBJECT: -FAITH FAMILY FELLOWSHIP APPLICATION FOR A SPECIAL PERMIT An application has been submitted by Pastor Grady Miller of Faith Family Fellowship Church for a Special Permit in order ,to allow the Globe Master Building to be converted into a church school type facility. Presently- the Globe Master Building is a vacant office warehouse, structure located in the Cedar Industrial Park, eastof the new Cedar alignment and west side of the old Cedar alignment. The reason the applicant is requesting a Special` Permit, is that Ordinance. 52.07 Subdivision 15A 'does- not allow a .church/school as a permitted use. within an I-1 (Limited Industrial District) . There- fore, special permit would have to be- required in order to allow this proposed use within an I-1 (Limited Industrial District) . The existing building contains approximately 22, 000 square feet of which 18, 000 square feet is warehouse and 4,000 square feet is office. - If the building would be allowed to be used as -a church/ school facility, modifications would have to be made to have the building meet .the State Building Code requirements. It is the Staff's understanding that if the Special Permit is allowed, the applicant will make all necessary changes to bring the building' in conformance with the Eagan Zoning Ordinance. Some of these changes include: 1. Connection to City water and sewer. 2. Installation of a sprinkler system. 3. Blacktop the parking area for the required number of parking spaces. 4. Repaint the exterior of the building. 5. Landscaping as required by City Staff. The Staff has inquired about the fact that churches are non-taxable properties, however, the Faith Family Fellowship. Church is only renting the property. Therefore, the property would' still remain to be taxed at the level that was currently taxed at. The only concern the Staff has regarding conversion of the Globe Master" Building to a church/school is that it may not be compatible with the rest of the industrial uses within the Cedar Industrial Park. Therefore, the Faith Family Fellowship Church should not oppose any of the proposed industrial uses which will come in the future. If the Council approves the Special Permit,it should be subject to the following conditions: 71 June 12, 1980 • Page Two 1. A time sequence should be put on the Special Permit in order for the Council to review the site with the compatability of the surrounding industrial uses 2. The proposed church/school shall meet all the State Building Code requirements and also all City Ordinance requirements such as parking, landscaping, etc 3. If the Special Permit is approved, .,detailed site plans shall be submitted-' to the City Staff showing parking, landscaping and any building alterations. If any further information -is required, please feel free to contact me. S' n erel Dale C. le, City Planner DCR/jlr 7a GLOBEMAS T BR BUILDING 3815 Cedar Avenue South Eagan, Minnesota SITE PLAN EX/4 18 1-r- A NEW CEDAR AVENUE BRIDGE . l~ itD o I v I � N SSG Q PARKING Low ' �_LEASEp • ' r, AkE,Q c , 1 �s n � F ` CEDAR AVENUE Inj �. J� - ��7 1/2 MILE TO STATE. .f'16 HIGHWAY 13 A. f E to 4 L '73 � � ..•..__ �� ISL► � \\�`} 1. ti� ��`� J• ' ti �`�`��'`tir�. •�♦G J \`�- _I„ gid, �/ ' /� r ��..ff`` A`' � .A� :�R\` .��// dL ILI 16 AL , •sem ���.� ti T .I ,/// fid• �flE• .Q•. . ' T�. QV . LAJ y` \ EL -- l.' AE %%l"� /jai: ii! �i / �. . ...: i Agenda Information :Memo June 13, 1980 Page Eighteen, SPECIAL PERMIT FOR ADVERTISING SIGN ORRN THOMPSON B. Orrin Thompson for a Special Permit for a Temporary Advertising Sign at SE Corner of Cedar Avenue and Cliff Road -- An -application has been submitted . by Orrin Thompson for a temporary Iadvertising sign which is not located on their property. Therefore, the appli- cant. must` obtain Council approval according to the ordinance. The 'sign .will be located between 300. feet to 375 feet east of the Cedar Avenue and Cliff Road intersection on the south side of Cliff , Road The sign would contain 100 square feet of signage and would be 20 feet ,_ six inches, in height. Ordinance #16 allows a maximum of 250 square feet of signage -and a .max'imum height of forty feet. Therefore, the , sign is within the perimeter of Ordinance #16 . For additional information on the sign and application "for the sign, please refer to pages -7(, through 78 -If approval is to be given, the City Planner would like the-following two condi- tions to be considered: 1 . There should be a setback of twenty (20) feet from the subject parcel property line, and , 2 . Maximum two year limitation with permit renewed after the first year. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the temporary advertising sign request by Orrin Thompson per conditions outlined by the City -Planner." 75 Ldp Io - - ZK4 --- _ F¢AN^E - Q Lx� _Ul ID X ID i Q Imo" t��oE TiMt'�E2 E�AN�G --- Q - . r I-i Z:AGE o is I O x O xZAT2EaTG�7 ( ' .� Z. lO X ID A, lo' i 8 Y 2 DIA. x 0 101 1 bUA ,`�• torn !1'0.?.••t�-TT— ..- -. --- -- "__ ._._ —'-� SIATE OF p1mIESOTA RIGHT OF V-'AY C,;•_^•',TI0NS OEPART).cENT OF I;ICIJWAYS PARCEL L :.YOUT S\ETCH t S.P.�1 S I�t�' z79 ) `1t17 CC,Uy iY�� porn PARCEL NQ. q-------� owrzEla Tragi CAD_sr..,1Cv,2°o^ATI^•: Topographic information required: Shore North Arrow, Proposed R/4`! lune and access taking. Outline and locclion of all buildings and ;mprovemer Lot lines and dimensions. Scale 1" Street or highway frontage. O—_-----f I. P. C� � "r!O rte--r-�.---"��`j L'� • � • • •�`�`� �A p p. 15 .4c EN7iRE TRC- BAL. Ac •'`'`" o. =-� Vic• ': F 3.0 / • 3 ( • �-o C1 • r� G- 71 i � • CLE t5 S �� rt „ii -77-77777, •� < ;` 2: ,� :moi � ',h^s�''���..t,• I •� - R4A1? / r i r t \v a l Ir, \� T RIVER \ i TEST ENTER \% SIG NANT � i 3/ 1 r i 7 117 SLAT \\ l;. G' :.1� �r`, ,i t �' • ; Agenda Information Memo June 13, 1980 Page Nineteen IVEN OSE - SETBACK VARIANCE C. Iven Ose for Ten (10)" Foot Front Setback Variance, Lot 3, Block 4 Drexel, Heights - An application was submitted by Iven Ose for a ten ( 10) 'foot front setback variance in order to build a house twenty (20 feet from the front lot line instead of the required thirty 00) feet. A public hearing was held before the Advisory Planning Commission, at their regular meeting .held on May 27 , 1980. The Advisory Planning Commission held the public hearing, reviewed the application and took action` to recommend approval to the City Council . For additional information :on the matter,- please refer to the City Planner' s report, a copy of which is enclosed on -pages through P. 3 for your reference'. For the action that was to en by the --Advisory .. Planning Commission, please refer to- their minutes, a copy of which is -enclosed on -page . ACTION TO BE CONSIDERED ON THE MATTER To approve or deny the recommendation of the Advisory Planning Commission to approve the application ,for front setback variance per conditions . �9 CITY OF EAGAN SUBJECT:. VAR.IANCE - FRONT SETBACK APPLICANT: IVEN OSE LOCATION: LOT 3, BLOCK 4, DREXEL HEIGHTS,SECTION 15 EXISTING `ZONING• R1 (RESIDENTIAL SINGLE DISTRICT) DATE OF PUBLIC HEARING: MAY 27, 1980 BATE OF REPORT: MAY 21, 1980 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUB11ITTED: An application has been submitted for a ten (10) foot front setback variance in order to build a house twenty (20) feet from the front lot line instead of the required thirty (30) feet. C01 VTNTS 1. The applicant is requesting to locate his house twenty (20) feet from the front property line instead of the required thirty ( 30) feet because of topography and trees. Lot 3, block 4 drops severely in elevation from . Drexel Court to Fish Lake. This elevation change is between fourteen (14) and sixteen (16). feet. In keeping the house as high as possible, allows the applicant better sewer hookup capability and also save some trees which are located in the rear of the property. 2. Mr. Ose is, the first person requesting, a building permit on Drexel Court. There are no other houses on Drexel Court at this time which have setback the required thirty (30) feet. Therefore, a twenty foot setback may established for lots 1 and 2 of block 4, as well as lot 3 block 4. IF APPROVED, the variance should be, subject to the following conditions: 1. The proposed house does not cover 20 of the lot. 2. All other ordinances and setback requirements shall be met. So IN R ` NNI 1IL. - - - �i c -O- , 1 ,0 Ord^_.1' a' • \ NOI*33X 3 p N t fn I t 3 -c may. .. i I �� �d� ; •' �a '`ter'-- f'+ o, _ O 4, �r ^�a '-� ♦ _2 • _p O•�\� rod:rr '9. "w S ''+.. °t. (r^ C`. e.w•...y jnn OrY r u,.,.e ,F! ' N _{ �. cc p. i.ipM Ar.C. .ON -t• it J - it �y 8a ,;�•`.S' ,��'•ti :- �''� :�.� YANKEE 00001_E ROAD r/, r j3' SJRf�� A lig , I (; , ;� , I�,I ikEf S t �/A JD ,1 I,l,,I, i , II !�i !� I!11 ,r/,,; , / I�1 IST ,`- 2Nfl ► �h�:-_ (// �/�!�� I���' i�lli�:�i;�1i,1;��,j! '� �i - - ;��I+I .�.�: r.. . :{r . . . ... :: ., \ ail I' �j!• I i I::.: �.Y iv >� 1 '00, F1 • l ` \ cill i ml' Q 1 IG APC Minutes May 27, 1980 Page Three IVAN.OSE VARIANCE -- DREXEL HEIGHTS The public hearing regarding the application of Ivan Ose for variance of 10 feet from the '30 foot required setback for Lot 3, Block 4, Drexel Heights Addition was next considered. Mr. Ose was present and there were no objections to the application. The planner also recommended that Lots I and 2, Block 4, be granted comparable variances. It was noted the hardship includes the fact that the house could be kept further from the lake and there appeared to be no objection to the application. A neighboring owner appeared and 'was concenred about side- yard setbacks and noted that there would be no change in the sideyard setbacks. Krob moved, Harrison seconded the motion, all voted in favor to recommend approval of the application subject to: 1. - The proposed house shall not cover more than 20% of the lot. with.2. That all other ordinances and setback requirements be met and complied t OIL { t t V Agenda Information Memo June 13, 198:0 Page Twenty FIRST MINNEHAHA NATIONAL BANK CONDITIONAL USE PERMIT D Russell E. Kruse, First Minnehaha National Bank, for a' Condi- tional Us'e. Permit fora Pylon -Sign, located on Lot 2, Block 1, First Minnehaha Addition =- An application was submitted for a conditional use permit to allow a pylon sign for the branch office of the-, First Minnehaha National Bank located on Lot 2; Block 1 , First Minnehaha Addition.'. The public hearing was held before the Advisory Planning Commission at the May 27 , 1980 regular meeting. The Advisory Planning Commission held the public hearing, reviewed the application and passed a motion to .recommend approval of the conditional use permit for a -.pylon sign to the City Council. For additional information on the application, please refer to . the City Planner' s report found on pages - '- Ad through 9p for your reference. For the action taken by t e visory Planning` Commis- sion, please refer to the APC minutes found- on page 19 . ACTION TO BE CONSIDERED ON THE MATTER: To either approve or deny the recommendation of the Advisory Planning. Commission .to approve the conditional use permit for a pylon sign for First Minnehaha National Bank. ' SS CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT - PYLON SIGN APPLICANT: FIRST MINNEHAHA NATIONAL BANK - RUSSELL E. ,KRUSE JR. LOCATION.. LOT 2, BLOCK 1, FIRST 14INNEHAHA ADDITION _ EXISTING ZONING: CO""ERC IAL DESIGNATION UNDER A PLANNED DEVELOR.-IEPIT DATE OF PUBLIC HEARING: MAY 27, 1950 DATE OF REPORT: MAY 21, 1900 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted for a Conditional Use Permit to allow a pylon sign for the branch office of the Firs. Minnehaha National Bank located on lot 2, block 1, First Minnehaha Addition. COM LENT 1. First M nnehaha Addition was approved by the Eagan City Council, September 4, 1979. The branch office of the First Minnehaha Rational Bank is expected to open sometime this summer. The proposed pylon si?n is located in the southavest corner of the plat at the intersection of Crestridge Lane and Pilot Knob Road (Co.??d.31). The proposed pylon sizn is setback twenty (20) feet from all property lines. Ordinance' 16 only requires a ten (10) foot set:r-ack_requirement. 2. The proposed pylcn sign would be twenty (20) feet in height and would have sixty-four (64) square feet of signage. Ordinance 16 'would allow a maxir:um height of twenty-seven(27) feet and one-hundred-twenty-five (125) square-feet ,of signage. The applicant is meeting all the requirements of the Sign Ordinance No. 16. 3. The proposed location of the pylon sign in the southwest- corner of the parcel would also allow another pylon sign to be located on lot 1, block 1 First Minnehaha Addition, which is the lot directly north of the proposed bank facility. OSP► First!?<:eK System Signage Stanuar"'s r —Fri:-st,1; i e�. 2 d Sign Type A2 1 F=star ar can supported between two rectancular posts-opaque metal face in translucent typography Material A:uminum face and can. Support S;ructu-al steel rectangular pylons Face ALUCCEOND ra.i materials suppliedAF by First Bank System. Typograchy 6a:�k S C^ature is Hetvetica Bold.any a :;ora'copy is Helvetica(Light). L;• »: ' .� - _ t ��, '� t ember First Bank System,when :• scec f will be surface painted.Branch or c"ice cation•if used.in addition to the Eank Sicnature is incised through the face N pane's.See detail.The First Marg color is b ue.ccny color is white. iCptiona'::.talion For Bra �h Cff ee name.size and type face as:hog:n. rumina,on - �• Mercuryvapor in sign if 4'6'wide and larcer.F!uorescent lamps in 3'6" ;::de sign. ! Sign F:r;sh I FBS ::arm Black.egg shell finish.Painted unless ether finish is specified. - Fa`:rica:cn technique Fiat fa es..:th edges wrapped to returns. Any face sears v:ill be vertical and have T„rmum hairline butt seams. Face seams ,.:I!be tacked with a.continuous strip of face r'.a'erial.Support shall be used as recessary to the rear of the sign faces to r insure against-canning."Typography shalt be incised letter openings with backing Sf,eets Of 3.6-acrylic.The custom color ! Biu.a White acrylic sheeting is supplied oy F:.-s:Bank System.Floating centers of letters•.11 be achered and pinned.There will be sufficient water and light tight roof •ren:ila:cn. Pylons will have raincaps. x. "Ac,urt-•g Sha s of suff;dent material and strength to ice the actual load of-the sign. Leve,,-g nuts:::9 be used for adjusting purr: =f sign. E!ec r c All a s-,rical and connections will be inside sign.Verify po::er on site that mit be ava:'ac a for signs and wire accordingly. Shcp.Jratangs Are Required # The,"ust sho:v materials fabrication tech .ues.`o :.ngs and all fasteners. letter Grd First-Mark spacing and color ' i ma:--7 samples for FBS Warm Black. See Gene-al Specifications for other sFe_'c requirements and specifications. Sign type A2 Details Section Detail ALUCCBGND ' face with return on foul edges,with minimum radius corners. The corners will be reinforced with aluminum angle frame. Breakformed reveal Internal crossmembers as needed. ` Fabricated leg is a structural element or u cover over post.All seams will be on the inside of the leg with no exposed _ fasteners. Face Frame Detail c Typography Incised Detail Face with return on fuur sides. ' Face panel Adhesive bond to frame. ; Acrylic backing sheet. Hanging bar Frame."L"angle or Top retainer is adhered with 3M Brand a "U„channel I 1357 adhesive. Face and frame shall pin mount to sign can,bolted top onry, xiih no exposed Bottom retainer is adhered with 3M Brand 2216 BiA adhesive. fasteners to sides or bottom of sign. Face Seam Section Detail Base Mounting Detail Attachment to footing with leveling nuts to All face seams will be backed with a plumb sign. continuous strip of face matar,al attached with 3M Brand 221E B A adhesive. Cap covers. Ail electrical inside of sign. i Footing depth and dimension as needed. ! t - f tt a Standard Sizes �j Height Face Dimension Can Depth . Reveal Leg Dimension i 25' 10'x10` 2.8,. 4 1'x2'0” II c 20' 8,x.8, 2.8» » " , 16' x '8" 2" 8"x2'0" ! 'I i 12' 4'x6"x4.6" 2'8" 2" 6"x2,0" f�5 �f1 10 3,6..x3.6" 1'2" 2" 6"x1, 1 !I ' I t I L I 1 r _ n 1L N c a i 3r+v" re a a:9s: ,I 1 I: Z I n t� t i �i: � i�il`l'•��i'_.���f J� .y-..... YANKEE nnODLE ROAD F ci HE1hTS I i / /,f�li�i�l; I !( � {!III!;;) +� ;//� /�• �,. ,�; ;,; 'i, IST 2ND J��`- / rl,, li�l( ,1 r"/. ► IIIi1I�l - -- �''•' rr rj I fill t'. J «. CITY PD 1 K ' -r,:.s� I i APC Minutes May 27, 1980 Page Three FIRST MINNEHAHA NATIONAL BANK PYLON SIGN The public hearing regarding the application of First Minnehaha National Bank for a conditional use permit for pylon sign for the satellite office in First Minnehaha Addition at Crestridge Lane and Pilot Knob Road was next convened by Chairman Harrison. Mr. Russel Kruse was present and there were no objections to the application. _Mr. Kruse indicated there would. be no other pylon signs on the lot owned by the bank. Krob moved, Hall seconded the motion, all voted in favor to recommend approval of the application subject to compliance with all applicable ordinances. Agenda Information Memo June 13, 1980 Page Twenty-One PRELIMINARY PLAT BLACKHAWK WOODS E Wally Hafstad for Preliminary Plat Approval, Blackhawk Woods - An application was submitted to the City for a preliminary plat,; Blackhawk Woods , which consists of 1. 7 acres and would contain three (3) single family lots - g y . A public hearing was held before the Advisory Planning Commission at their May 27 , 1980 meeting. After holding the public hearing and reviewing the ;, applcation, it was the recommendation of the APC that the preliminary plat. be approved per the conditions outlined; by the City Planner;. For additional information on this matter, please refer to the City Planner' s report, a ;copy of which is enclosed on pages �3 through q$ for your reference. For additional information regarding . this matter, please refer to Advisory. Planning Commission minutes found on page The Advisory Park Committee reviewed the preliminary plat at their last regularmeeting held on June 5 1980, and it is their recommendation to ..the City ,Council_ that the City accept a cash donation for the three ( 3) lots as proposed. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the recommendation of the . APC and Advisory, '. Park Committee concerning the preliminary plat for Blackhawk Woods: -1� CITY OF EAGAN SUBJECT: PRELIMINARY PLAT APPLICANT: WALLY HAFSTAD LOCATION: SEw SECTION 20 EXISTING ZONING: Rl (RESIDENTIAL SINGLE DISTRICT) DATE OF PUBLIC .HEARING: MAY 27, 1980 DATE OF REPORT: MAY 22, 1980 REPORTED BY: , DALE C. RUNKLE, CITY PLAN14ER APPLICATION SUBMITTED: An application has been submitted for a preliminary plat, Blackhawk Woods, which consists of 1.7 acres and would contain three (3) single-family lots. CON1MENTS 1. The proposed plat is located directly north of Hillandale Addition #1 and borders Blackhawk Road. The parcel is completely wooded, the trees would provide a natural buffer between the proposed single ,£amily "homes and the proposed condominimum apartments to the south. 2. All three (3) lots are proposed to have access onto Blackhawk Road.. Due to the topography restraint of this parcel, it would- be very difficult to provide an alternative access to this property. , 3. Lots 1 and 2 would have approximately-90 foot frontage on Blackhawk Road. Lot 3 would onl-- have 49.96 feet of frontage on Blackhawk Road and would require a variance from the 85 foot width.of the lot at the 40 foot setback line. As some of you may recall we are in the process of updating the subdivision ordi- nance for the City of Eagan. One requirement in this ordinance is lots of this nature which have 50 foot of frontage on a public street would be allowed in this new ordinance. 4. Sewer and water are available to all lots. IF APPROVED, the plat should be subject to the following conditions: 1. All easements and dedications shall be provided as required by the Eagan_ City Staff. 2. All setback requirements shall be met. 3. Drainage, utility :and erosion control plans shall be approved by the City Engineer. q3 city of >an Wally Haf>tad - Blackhawk '. oods May 22, 1980 Page Two 4. A park dedication of $300.00 per lot shall be required. 1480 Yanxee Doodle Road HLACKHAWK WOODS DELMAR H. SCHWANZ • J� ,rte \ LANOSURVEVOR ! l) Rgste��a uoc��Urws o* �M�t.L1 O�MinnlSOt• \/ X2978— 145TH STREET W.— 80X M ROSEMOUNT,MINNESOTA 55068 Y PHONE 612 4231769 SURVEYOR'S CERTIFICATE �•. �fn _ '3Z8.0 N 69° ►0 41E _ 4I , 4o M i S 3 0 a N _ ti�A=o 23'33" E K6 NSE NT l 10 '�k' l-r- r --- - v- 1 Vo — -1 I 0 Q ` " p z J 0 Sq" Id 4 ,.E "1 145'.00 o� Z 84.55 5o 40,01 � — — J�v - 3 Z4.140 N 59 5 7' ►8" E 1 " i 50 n PRa � r (_1 ZONING : R-1 Proposed drainage and utility easement to be 10 feet along streets and 5 feet in width along side and rear lot lines. 2 Prepared by: Delmar H. Schwanz jCn Reg No. 8615 J �, /" .r Dated : May 1,1980 ,t! f I` MINNESOTA REGISTRATION NO.3625 BLACIMAWI, woorS , DELMAR H. SCH WANZ LANOSuRVEVOR Ray,sterao Unna Laws or Tn•State of wnnasota Ihl- tA6TH STREET W.- !OX M ROGEMOUNT,'MINNESOTA 660!! /HONE 612 423.17W SURVEYOR'S CERTIFICATE Description: That part of the, Southeast Quarter of Section 20, Township 27,_ Range 23, Dakota County, Minnesota described as follows : Commencing at the northeast corner of said Southeast Quarter; thence South 89 degrees 39 minutes 34 .seconds West (assumed bearing) along the norwh line thereof a distance. of 796.72 fest; thence South 00 degrees 20 minutes 26 seconds East a distance of 721.66 feet; thence South .89 degrees 39 minutes . 34 seconds West parallel with said north line a distance of 240. 00 feet to the point of beginning; thence South 00 degrees 20 minutes ,26 seconds East a distance of 233.82 feet, more or less, to its intersection with the north line of HILLANDALE ADDITION NO, 1, as on file-and of record in .the office of the County Recorder, Dakota County, Minnesota; thence South 89 degrees 57 minutes 18 seconds West along said north line of HILLANDALE ADDITION NO. . l a distance of 324. 56 feet, more or less, to its intersection with the easterly-kind of .ate-=aR0V8jN©`' Z,rawdo file and of record in the office-of the County Recorder, Dakota County, Minnesota, said east line also being the centerline of Blackhawk Road; thence North 01 degreesd, l2 minutes 52 seconds West along said a c' distance of 208. 53 feet; thence continuing northerly along said centerline and along a tangential curve concave to the east, aentrsl angle of 00 degrees 23 minutes 33 seconds, radius of 3451.73 feet, a distance of 23.65 feet; thence North 89 degrees 39 minutes 34 seconds East parallel with said northns a distance of 328. 00 feet, more or less, to the point of beginning. Containing 1. 745 acres Subject to public road and sanitary sewer easement and any other easement of record. Otto MINNESOTA REGISTRATION NO.86 i J f - .�.. •• to � r" .0 l• --- t�� f tea' R a 12.4 �� o$�li.r ,r �IaQR�000g0i a=own 3W Vol vmmm glassLJ (ifs roc •, eeee a6 •e: • p/ ® Ir0 .® s 4 w �I i•a � i jgg vi « a.1. I Y � 5. • � n s4 a.�' 1 p�� � �� Yr tea ■ � ' �,•i Y. r APC Minutes May 27, 1980 Page Four BLACKHAWK: WOODS PRELIMINARY PLAT The public hearing regarding the application for preliminary plat approval of Blackhawk Woods submitted by Wallace Hafstad was next convened. Mr. Hafstad was present and explained briefly the proposed 1.7 acre, single family residential lot parcel lying adjacent to Blackhawk Road. All lots are proposed to have access to Blackhawk Road with one having frontage of 49.96 feet frontage which would . require a variance from the 85 foot width. It was noted, however,, that the pro- posed lot was included in the application for approval and it was recommended by staff that the variance be included if approved by the Planning Commission and Council. There was also discussion concerning the proposed assessment against Lot 3 with 49.96 feet frontage. Hall moved, and Harrison seconded the motion, to recommend approval including granting of the variance to provide for 49.96 feet frontage for. Lot 3because of the hardship involving the large area to the rear of the lots and further subject to the following: 1. That the owner remove only a minimum number of trees during the development of the three lots. 2. All easements and dedications shall be provided as required by the Eagan City staff. 3. All setback requirements shall be met: 4. Drainage, utility and erosion control plans shall be approved by the City Engineer. 5. A park dedication of $300 per lot shall be required. 6. Compliance with all other applicable ordinances. All members voted in favor. Agenda ,Information Memo June 13, 1980 Page Twenty-Two PRELIMINARY PLAT AND REZONING FOR BRAUN SUNRISE ACRES F. Henry A.' Braun for Rezoning from "A, Agriculturalto R-1, Re- sidential Single District, and Preliminary Plat for Braun Sunrise Acres -- An application was submitted to rezone approximately 3.8 acres of A, Agricultural., , to .R-1 , Residential Single District. The second application was submitted for preliminary plat" entitled Braun Sunrise Acres which consists of the same net acreage and contains four (4) single family lots'. The public -hearing was held before the Advisory Planning Commission at their last regular meeting held on May 27 , 1980. After holding the public hearing and reviewing the applications , - it was the recommendation of the APC that the City Council approve the rezoning and preliminary plat as presented. For additional information on the matter, please refer` to the. City Planner and Director of Public, Works! comments found on pages ltjl through p . For additional information on the action taken by the APC, . refer to their minutes , a copy of which is found on page 10-1 . The Advisory 'Park Committee, ' at their last regular meeting el d on June 5, 1`980, approved- a recommendation to the City Council for a cash donation for the four lots ,in lieu of park land dedication. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the recommendation of the APG and Advisory Park Committee regarding' this agenda item. 00 CITY OF EAGAN SUBJECT: REZONING AND PRELIMINARY PLAT APPLICANT: HENRY A. BRAUN LOCATION: SW4 OF SECTION 15, THE EAST PROPERTY ABUTS DREXEL COURT, THE WEST PROPERTY -. LINE ABUTS PILOT KNOB ROAD EXISTING ZONING: A (AGRICULTURAL) DATE. OF PUBLIC HEARING: MAY 27, 1980 DATE OF REPORT: MAY 22, 1980 REPORTED BY: DALE C. RUNKLE; CITY PLANNER APPLICATION SUBMITTED: An application has been submitted to rezone approximately 3.8 acres from A (Agricultural) to. Rl (Residential Single District). The second application submitted is for a preliminary plat; Braun Sunrise Acres, which would consist of approximately 3.8 acres and contain four (4) single family lots. COM1ENTS 1. When Drexel Heights- was platted,. Outlot"A"was dedicated to .the City as park land. In_ 'November 1979, the Eagan Park Committee and the Eagan City Council determined this park land was unusable for park purposes and sold Outlot"A to Henry Braun in the process of negotiating an easement which the City needed. 2. Presently Henry.is proposing to subdivide. his property and Outlot "A" into four (4) single family lots. Lots 2 3, and 4 would have direct access to Drexel Court, lot 1 presently has access to Pilot Knob Road and also has 30 feet of frontage on Drexel Court. When Pilot Knob Road is upgraded, access may be obtained from lot 1 to Drexel Court by placing this 30 foot of frontage along the north property line of Mr. Brauns property it allows the possibility to obtain .additional 30 feet when Harvey Braun subdivides his property. With this dedication, the City"would then have the full 60 foot right of way to provide access if the property would be further subdivided. 3. All, lots meet the requirements of the R1 (Residential Single District). 4. Mr. Braun is proposing to dedicate the additional right of way for Pilot Knob Road. IF APPROVED, the plat should be subject to the following conditions: 1. All easements shall be dedicated as required by the Eagan City Staff. 2. A road easement shall be required.on the 30 foot of frontage abutting Drexel Court in lot 1, block 1. City of Eagan Henry A. Braun - Braun Sunrise Acres May 22, 1980 Page Two 3. Grading, drainage and erosion control plans shall be approved by the Eagan City Staff. 4. A park dedication shall be required on each of the newly created lots at the current park dedication rate. ENGINEERING RECOLVENDATIONS: 1. A 30 foot street and utility easement should be dedicated along the north 30 feet of lot 1, adjacent to lot 2. 2. A-more detailed grading plan must be submitted and approved prior. to final plat approval, pertaining to lots 3 and 4. 3. A 75 foot-half right of way must be dedicated adjacent to Pilot Knob Road. 4. The developer shall agree to pay his fair share for individual sanitary sewer, watermain, storm sewer and street assessments for benefits received from those utilities constructed for Drexel Heights. 10a MEMO TO: ADVISORY PLANNING COMMISSION c/o DALE C. RUNKLE, CITY PLANNER FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MAY 22, 1980 SUBJECT: PRELIMINARY PLAT - BRAUN SUNRISE ACRES The Public Works Department has the following comments to offer in regards to the above referenced proposal: UTILITIES: Sanitary sewer, watermain, storm sewer and respective services have been installed with the utilities of the Drexel Heights subdivision, of sufficient size and depth to accommodate the proposed plat. STREETS AND GR_4DING AND DRAINAGE Access to t his proposed plat will be provided by way of the Drexel Heights street improvement which is presently under contract and anticipated to be completed by mid su-mmer of 1980. A 30 foot street easement is being dedicated over the northeastern corner of lot 1 to provide future half right of way necessary for access to Drexel Court for the future subdivision of lo; 1. This will eliminate the need for direct access onto Pilot Knob Road once it is improved to its designed County standard. Lots 3 and 4 are heavily wooded lots with the total differential and elevation from east to west of approximately 45 feet which accounts for an average of 22% slope. Grading plan submitted calls for a retaining wall to be constructed approximately 60 to 75 feet from the east property line. This retaining wall would have to be a total of 20 feet in height. The expense of constructing a retaining wall of such dimensions might be cost prohibitive in considering its stability to be developed. Consequently, a more detailed plan must be submitted showing how these lcts could be graded to make them developable. - The overall drain- age is to the east onto Drexel Courts which has existing storm sewer lift station. EASEMENTS AND RIGHTS OF WAY: A 75 foot half right of way would have to be dedicated adjacent to Pilot Knob Road for its proposed future upgrading. All other easements' as proposed or already dedicated are satisfactory to Staff. I will be available to answer any further questions regarding this proposal at the Planning Commission meeting of May 27, 1980. Respectfully submitted, Thomas A. Colbert, P.E. Director of Public Works. [0 .r-l:+, , )I' tlLr 3i ;t %::1 .b DELMAR H. SCHWANZ ii eq5:e•eC Jamar• Jw5 J' '^r Sla:. .,-r •• - 2978 145TH STREET Ml. — BOX M ROSEMOUNT, !MINNESOTA 55068 PHONE 612 4231769 r;, _ :•'... - _ i't SURVEYOR'S CERTIFICATE 3C FT PERPETUAL I EASEMENT , 37 447 50 I 3 2P 356 r ! 467 LO - — —_�— 1670 I> q - \— 7679 W-'TER -INE EASEMENT SIL EASE MENT D 0 18,452 S F. D (� 1194 26 �\ IC O, 56 S.F. I o N 3 �0� 0 v 23,109 S.F 50 3 O _ I 3 0 — -- 235.87 OD I cv -- PICT KNOE ROAD o a Jr 0 4 A. 0 23, 325 S F. ,.00 x ,, 1 Z 168.70 85 73 - --- — 201 58 287. 31 `` t1 Wit, ;� i �� •► i.. r '"1 ' ;? v• `: / 71 '0q ti .vi •. QEGISTRA TiON NO 862!iL a 1 e'�- henry Braun 374t? pilot Knob Road GRADING & DRAINAGE PLAN Eagan, Mn. DELMAR H. SCHWANZ LANOSURVEYOR R",ster.a Vneer Laws o?Tna Stats of Wnnasota 2978- 14 6TH STREET W. — BOX M ROSEMOUNT,MINNESOTA 56068 PHONE 6124231766 SCALE: 1 inch = 100 ft. SURVEYOR'S CERTIFICATE ' A NT tt r gig rE I— i� EASE . \ �� ME - T2s It X11 �, _ _ _ _ � ; \\ ° _ w � .♦ ,i — j7-3 x j J zq 1 i - — ? 1 S t Description: I ��„3 10, Commencing at a point on the west line of t / 105 wnshi 27 Range 23 which` is •, � t Section 1 , _To P , 8 , 43.3. 9 feet north of the southwest corner of said section; thence - north along the west line of said section. 313. 05 feet; thence east 417. 4 feet thence south 313. 05 feet; thence west 417.4 feet to the place of beginning. Together with Outlot A, DREXEL HEIGHTS, Dakota County, Minnesota. Existing Zoning: Agriculture Proposeddrainage and utility Proposed Zoning : R-1 easements to be 10 feet along streets and 5 feet in width along side and rear lot lines. Prepared by: Delmar H, Schwann Reg. No. 8625 Address : 2978 14tith Street West Rosemount, Mn. 55068 NOTE: Houses shown are a possible location With retaining wall. No grading planned. at' this time. April 30, 1930 '0 MINNESOTA RE ISTRATION NO.86 ,. �'�!`"��/` YANKEE o0o0LE ROAD � Sij ADD fHTS�}#EJGI /� _- �� � - r I 1:14 :lit li �I j I I � / ��, �il' ) 1� �� MIDI I` :(.+.' '\'�.\! _ :(•— — .{ G CITY K ' C' �\ a � r:-.ter i• t•.:� "�!`• �� _ - �� � I G� �l�T✓'�, .� .. "`,"'111 � � �� .- � -.� � _ � � ` K r// G I GAN o z/ Jcool 0 • APC Minutes May 27, 1980 Page Four BRAUN SUNRISE ACRES REZONING AND PRELIMINARY PLAT The next public hearing convened by Chairman Harrison concerned the application of Henry A. Braun for rezoning from Agricultural to R-1, Residential Single and preliminary plat approval of Braun's Sunrise Acres located near Fish Lake on Pilot Knob Road. Mr. Braun was present as was Del Schwanz, his surveyor. It wasnotedthat sewer and water are available to the property. After review, Hail moved, Harrison seconded the motion, to recommend approval for the rezoning from Agri- cultural to R-1, Single Family. All voted yes. Hall then moved to recommend approval of the preliminary plat of Braun's Sunrise Acres subject to the following: 1. All easements shall be dedicated as required by the Eagan City staff. 2. Grading, drainage, and erosion control plans shall be submitted and approved by the Eagan- City staff. 3. Park contribution shall be required on each of the newly created lots at the current park dedication rate. 4. A 30-foot street and utility easement shall be dedicated along the north 30 feet of Lot 1, adjacent to Lot 2. 5. A more detailed grading plan shall be submitted and approved prior- to final plat approval, pertaining, to Lots 3 and 4. 6. A 75-foot half right-of-way shall be dedicated adjacent to Pilot Knob Road. 7. The developer shall agree to pay his fair share for individual sanitary sewer, watermain, storm sewer and street assessments for benefits received from those utilities constructed for Drexel Heights. 8. Subject to review and approval by County Plat Committee. 9. Subject to all applicable ordinances. Bohne seconded the motion. All members voted in favor. ADJOURNMENT Krob moved, Hall seconded the motion,. all voted in favor to adjourn the meeting at 8:40 p.m. PHH APC SECRETARY n1 Agenda Information Memo - June : 13, 1980 Page Twenty-Three STORM SEWER ASSESSMENT APPEAL - PROJECT #257 A. Council Consideration of Storm Sewer Assessment Appeal for Project #257 -- The City of Eagan held a public hearing' May 6, 1980 to consider storm sewer assessments` to all benefited property affected by Project #257. On June 4, 1980, the City received a notice of assessment appeal from a number of residents who wer levied an assessment for this project. -On June 6 , 1980, a supple- mental notice was also .delivered to the City. City Attorney Hauge has asked thatthis matter be placed on the -agenda ,to review some alternates concerning the appeal A memorandum is enclosed on page s �C through as prepared' by .City Attorney Hauge addres- sing Als -matter. T ty Attorney has spoken with Mr. - Ken Ketchum who is legal counsel for the property owners joining in the appeal and has suggested that a meeting be scheduled for 5:00 p.m. on Monday, June 16, 1980. This meeting would be with the Board of' Directors of the Assessment Appeal Corporation with the possibility of other, residents appearing to allow the City Attorney to review legislation as outlined in- the - memorandum . and also provide for questions and answers with -the City staff regarding the project. It is not the intention . of the City staff to hold an ,informational meeting for the purpose of asking the property owners to drop their appeal . ; The meeting is intended to - hopefully provide answers to questions and issues that have been misrepresented regarding the overall project. . Also, the City Attorney can answer a very impor- tant question regarding the re cent ' legislation- which was approved which is addressed quite well -in his memorandum. Any member of the City Council who wants to attend this meeting is certainly welcome and Mayor Blomquist has indicated an interest in. being present. Since -the meeting: is somewhat of an- indefinite nature at this time, if you do plan to attend, please contact the office of the City Administrator on Monday to 'learn whether the meeting is definitely scheduled or not. The City Administrator or -'Mayor Blomquist will ;open up the 'meeting by assuring those people' who are present that t:he meeting - is only informational for the staff to answer questions and should not be construed as a special City Council meeting for the purpose fo "resolving the decision to levy the assessments or the pending lawsuit".. Hopefully, the meeting can be constructive and offer. 'some clarification- and background to those people who have 'Served :notice . on the City by, way of ap- pealing the assessments . ACTION TO BE CONSIDERED ON THE MATTER: To provide some direction to the City Attorney regarding the storm sewer assessment appeal for Project #257 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: CITY ATTORNEY HAUGE- DATE: JUNE 9, 1980 RE: STORM SEWER ASSESSMENTS -- PROJECT 46257' We have reviewed the Notice of Assessment Appeal that was served on June 4, 1980, concerning Project 46257 with a supplementary notice served on June 6, 1980. In trying to review some of the alternates concerning the appeal, the following comments are made: 1. The City could defend the assessment appeal in the District Court and I would expect that the hearing or hearings would commenceinfour to eight ,months. It would be necessary to hire an appraiser to determine increase in market value as a result of the storm sewer improvements, administrative, engineering and .legal services would also be required. In light of two fairly recent Minnesota Supreme Court cases, Ewert vs. City of Northrup, 278 NW 2d 545, decided in April of 1979, and Buettner vs. City of St. Cloud, 277 NW 2d, decided in March of 1979, it appears that it is necessary to have testimony concerning increase in market value in all assessment appeals. The facts in both of these cases indi- cated that the cities did not make before and after market valuation studies regarding the improvements nor did the City Councils take into effect such before and after valuations in considering the adoption of the assessment rolls. The Court, in the Buettner case, indicated that the failure of the City to determine the amount of the special benefits.-prior to adopting the assessments could have been fatal but the District Court did allow testimony on before and after valuations. a. There are some objections that can be raised as to the method of the assessment appeal and these would undoubtedly be raised by the City at the time of trial. b. The second notice that was served upon the City on June 6 appears to be on the 31st day, therefore, would be too late for that group of about nine property owners ,to have appealed. 2. The secon&.choice would be for the Council to abandon the entire assessment roll of approximately 600 owners and reassess the entire project. There are several possibilities as to method of .reassessing including the following a. The Council could abandon its policy of setting an annual acreage ,and per lot charge for area storm sewer improvements as has been the case in the past. b.. . The Council could then proceed to acquire an appraiser who would determine the before and after valuations for the storm sewer improvements for each of the parcels involved in the assessment roll. Page Two June 9, 1980 c. The Council could adopt the procedure setup by the 1980 Legislature under Minnesota Session Laws Chapter 607 which is the general tax bill, Article XI, which amends.M.S.A. 429.061, Subdivision 1. Although that statute was adopted and approved by the Governor on April 23, 1980, it appears it does not go into effect until August 1, 1980. It requires that the objecting property owner must give written objection prior to or at the time of the assessment hearing in order to subsequently appeal the assessment. d. If an objection is received,the Council can then hear formal testimony on increases in value, or it may adjourn the Council hearing to hear and pass on objections at a later time. e. The full Council or a committee of, e.g., a Councilmember, staff member, and a third person who perhaps could be knowledgable in real estate work, could hear further oral and written testimony from the.objecting property owners and from City witnesses. A record of the proceedings should be made and writtenfindings as to the amount of the assessment should be prepared This may be the fairest way because of the large number of approximately 100 appellants out of 600 parcels and would perhaps avoid a portion of the assessment roll being overthrown. A chance of more appeals, however, also would exist and also would be fairly expensive. 3. The Council could abandon the assessment roll covering the parcels from which the appeal has been taken and reassess those parcels. a. The supplementary assessments or reassessments can take place under M.S.A. 429.071, Subdivision 2. b. We would recommend that the committee or full Council provision under the 1980 Session Laws Chapter 607, if the assessment' takes place, be implemented under this option. This would mean that an appraiser would be required for the City and that testimony would be brought before the Council or committee concerning the objections to the assessments. It does not neces- sarily mean that an appraiser should determine before and after market values for all parcels included in the assessment roll but rather to determine those where there are objections. If the Council determines to adopt the second or third alternates it would be well that it discusses these alternates at a regular or special City Council meeting, that .it set up a committee if objections are not to be heard by the whole Council, and that an appraiser be hired who is knowledgable in this type appraisal. It may be that the Council may invite in someof the objecting parties and their representatives to the meeting where these alternatives are discussed. Agenda Information Memo June-13, 1980 Page Twenty-Four ANNUAL RENEWAL FOR TRAILER PERMITS B. Annual Renewals for Trailer' Permits - At the Jast regular meeting of the City Council held on June 3, 1980, the annual renewal for trailer` permits was on the Consent Agenda. This item was re- moved and the City Administrator was directed to provide- additional information regarding each of the trailer permits to determine whether annual renewal is appropriate for each of the permits listed. The Administrative. Intern, Elizabeth Ryan,` and Building Inspector Peterson were iInstructed . by the City' Administrator to research the original application date for each trailer permit, the purpose of the trailer permit and to determine the present use of the trailer. That information is " enclosed on pages` through for .your reference. The City Council may wish Vo pprove all t e annual renewals or approve some of the trailers and ask that additional research be , done on one of two of the trailers listed, ACTION TO BE CONSIDERED ON THE ' MATTER: To approve. or deny the 1980 license renewals for mobile home/,trailer .permits . • d A 41 E 1.1 z O O d 44 A4J U ,�i 41 x O+ N b .d � rtf + E � ) 4JA U 0 w v• m 3 a ani ani b W d d d 4J A E a 4J W E r M S-1 O >~ r. 41 M 3 Ix cd cd d_ S-1 d d b b d a cn cn cn O 3 a a x a w m cn a c7 fl t0 0 V N 4 $4 M W d r. d d o 4 m0 , o a° o 90 W M d r. >4 d d d 44 O $ 14 cn x U d -u U U 0 >1 M U a >1 a O 4-4 9: r=-r1 O %Z•.•l V 14 >4 0 O ri a d Od a 1+ d d M -r-Id d O d 44 1i M 0 b b o $4 r-I r-I A V ro d b a 44 $4 M 01 O M M U rd Id w M 4 E O 44 (a d W cn d d O d $4 w 0 d U 0 0 o U a a aVM E E-4 44 acn wa W $4 � .0 o $4 Z n a a O d' N r-I d N N rl %0 N Z E \ H Q M ,--F 111 00 N r-1 01 t` 1A tC t` r-1 0 U ri \ N N P. 040-1 e-i N \ ri m 4j H H \ N N. 01 \ \ O \ \ rlIZ 0 M v--4 Ln VD r-1 lz 0 r- L r-1 N to oa H ++ a d 0 °z x E o N qw to r- d H N M to 00 01 r-I e-i r-I r-I ri •rl A W o a z $4 o b b 0o a as d id ID �. r-I go •--I M a 0 M . Ln •d M N ri to r-I d M N d N •0 N •ri N b > N r-I 111 •a •-1 iY1 to p4 ri r-1 0 r-1 ° r4 .0 b r4 04 1d $410 9-1 to 11 b to 1N 111 d M to 0 In U b d d H to Z Cl 1d to td to O W r-1 ri d cn o >4 L 44 a to d a4 Ul ° o In as .a Z r~ W o to 00 a O In to 41 M cn U cd 44 14 d z N :3 M z 094 IZ Ln In 0 z d W 3 td >4 N 4 14 4j rl % Mr: d t~ 44 .0 z � U o -H alt mum cnr°i E44 w 9 U 4J 4)� ro MV o '.r4 � 'z 1 -r1 0 O-•i O •,i d Mr-4•ri to 1~ 0 '�". 0 •O O $4 M rr-4 a Q x r- W- M 04 - •!4 ri '•� '� 0 •rl a 013 M rA : U. M x • C/) r1 : n �d $i o 1d x to td d 1d t--4W U-d o id 44 o CO R O a c., to Co o pd, co -rl CO td M M 1.1 1-- ON -rl O of 1.1 1n M ?1,-i 'W M r-1 -W 0% A m $40 td 4 IV N to co b 4) %0 1d- b M 0 O d N 0 -r-I M b 0 N V to a d' go •N 4j z EMW Inr-I W zNW 3wW Wto ( hE-4MW 3MW hwwr-I UMW ar-+ cn 1 1 •nk 11 aro � 00 E-' N 4 N w 4J Wo ,.� r 4) 4j -�j aO �4 cW $4 .00 � � (�A. 41 NM N. V U) (L) 03 a h a a ap, cn cn U) PW� cn cn a V 41 (a 0 0 O O41 rz O tTN W £. �+ O w O .a 0 u N 4 $4 N 44 a N r♦ w N a v w 0 m w O O 04 a) +� N ba3m0 a ° `� coy (D N W •m a a (13 Q) oa o ° x cn a $44 moan a $4� W E-4 w b Q O az 04 V .. 0o 0o N 2 H (D N Ln a H E-i to u O ri ri O u 0 r R3 r %D r- U a H V.i w°i M me'► c 410a H E+ (1) a - 0 z Er+ N to H ON. O N co rM H LY H (N N N •rl W A a O s� O > W • "r•l ra N O 3 Q# v-4r1 r- en "r4 f 4 a)to N �•r1 ri r-1 N -H N w N �"� N M 1-4 (a r-1 U = N b r-4 .'3". V"4 a N N ri •� GY. $4 O to E r-t N O Ln to r-1 1-1 a L b a.) N 4) Z Ln (D Ln a 0 L 4) Ln to Ln C to Ln w 0 L to $4r4 cn f CI tr Ln R1 Q 54 tr 0 to a E a 'n � 41 O W Ln a On 44 cn ri 4J r-1 td 3 0 t o a N NA W a► 4J >I.rl a O 'y•r4 $4 3 Er u 0 0 ` � 0xa nrob ( ate0 2 X 'a a a s4J+ 3 � U a G >4 � $4 G 4-' O W u •rt Ln (ab O Ln t •r4 Ln b 0 tP o ro $4 o ( o N tn +aO 0o A ri tr S r-4 0% o t7T A r tn. > 00 tT x O %0 ON O d� tT M E co m 01 Q 0 r r-I M to r•i to 0 N ( Ln b to 0 %0 co C1 0o b 00 r--1 r-1 to a 00 W a ri W W 0o W a ri W a r♦ W A Q M W t9 M W n1 W -W W Its Agenda Information Memo June 13, 1980 Page Twenty-Five AMENDMENT TO ORDINANCE #58 C. Consideration of Amendment to 'Ordinance 458' (House Numbering Ordinance-);:, - The City Administrator held a staff meeting with the City Attorney, Building Inspector, City Planner and Chief of Police to review the purpose and contents of an amendment, to Ordi nance #58, the_ House 'Numbering- Ordinance. IAs a result of the meeting, an, amendment was drafted to Ordinance #58 by the City Attorney. A copy is enclosed on pages � through _for your reference. The City Administrator wTUI -aiscus"s. this .matter in detail at the meeting on Tuesday. It would be helpful if this ordinancecould be acted upon to allow the Building. Inspector to provide house numbering. of the quadrominium units in the Orrin Thompson developments . ACTION TO BE CONSIDERED ON THE MATTER: To -.approve or deny the amendment to Ordinance #58 as drafted by the City Attorney' s office. 113 CITY OF EAGAN DAKOTA. COUNTY, MINNESOTA AMENDMENT TO ORDINANCE- NO. 58 HOUSE NUMBERING THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA, DOES HEREBY AMEND ITS ORDINANCE NO. 58 as FOLLOWS: SECTION .58.02 - HOUSE NUMBERS REQUIRED Subdivision 1. The City Building Inspector shall issue a building or house number- at the time of the" issuance of a building permit. Subdivision 2, The owner, occupant, or builder of any building shall place and keep in a conspicuous place on the front of such building the proper house number therefore prior to the final inspection-by. the_City Building Inspector. Subdivision 3. If the building fronts upon a public street or avenue, the house number shall be displayed on the side of the building facing the public street or alley. If the building fronts upon a private drive or easement only, the house numbers shall be displayed on the side of the building facing said drive or easement. Subdivision 5. In addition to the numbers displayed pursuant to Subdivision 3, house numbers shall be displayed on any other side of a.building fronting on a public way so as to be readily identifiable in the case of fire or other emergency or for refuse pickup. Subdivision 5. If any building fronts upon,an unnamed private drive or ease- ment only, the building located at the intersection of said unnamed drive or ease- ment and a public street or 'avenue shall be issued a numerical number as is determined by normal City policy and consecutive letters beginning with the letter "B" shall be added for each other building along said drive or easement progressing away from the public street. This subdivision shall not apply to detached single family dwel- lings which shall be issued a numerical house number only. i SECTION 58`.04 - PENALTY Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed ninety (90) days or both. Adopted this day of 1980. ATTEST: CITY COUNCIL CITY OF EAGAN BY: City Clerk Mayor Dated Ordinance Adopted: November 19, 1974 Date Amendment Adopted: Date Amendment Published in the Dakota County Tribune: 2 r� s Agenda. Information Memo June 13, 1980 Page Twenty-Six AMENDMENT TO ORDINANCE `#52 D. Consideration of an Amendment .to Ordinance #52 (Zoning Districts for Amusement Devices) -- This ordinance was prepared as an amend- ment to Ordinance #52 to allow for amusement devices within certain zone classifications. Actually, this item is out of order _with Item E of ' Other Business and `would be , acted -upon only if a new ordinance for amusement, devices is enacted by the City Council. ACTIONTO BE CONSIDERED ON ' THE MATTER: Upon approval of Item E of Other Business , "New Ordinance for Amusement Devices", it would be appropriate to set a public hearing to consider an amendment to Ordinance #52, the "Zoning Ordinance, for purposes of allowing language for amusement devices . A copy ;of this amendment is found on pages �.42p through _jgo_C,for your reference. CITY OF EAGAN DAKOTA COUNTY, MINNESOTA AMENDMENT TO ORDINANCE NO. 52 - ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA, DOES HEREBY AMEND ITS ORDINANCE NO. 52 BY ADDING THE FOLLOWING: RECTION 52.05'- RULES, REGULATIONS, AND DEFINITIONS Subdivision 2. DEFINITIONS. ZZZ. Amusement Device. As used herein a mechanical amusement device is defined as a machine which, upon the .insertion of a coin, token or slug, operates or may be operated for use as a game, contest or amusement of any description, or which may be used for any such game, contest or amusement, and which contains no automatic pay off device for the return of money coins, checks, tokens or merchanidse, or which provides for no such pay off- by any other means or manner. SECTION 52.07 - USE DISTRICTS Subdivision 8. LB LIMITED BUSINESS DISTRICT B. Permitted Uses Within any "LB" District, no structure or land"shall be used except for one or more of the followinguses, or uses deemed similar by the City Council: 9. Amusement Devices not to exceed three machines at one licensed location. C. Conditional Uses Within any. "LB" District, no structure or_ laind shall be used for the following uses or uses deemed similar by the City Council except by conditional use permits: 7. Amusement Devices exceeding three machines at one licensed location. Subdivision 9. NB - NEIGHBORHOOD BUSINESS DISTRICT B. Permitted Uses Within any "NB" District, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council: 6. Amusement Devices not to exceed three machines at one licensed location. C. Conditional Uses Within any "NB" District, no structure or land shall be used for the the following uses or uses deemed similar by the City Council, except through the granting ofa Conditional -Use Permit. 7. Amusement Devices exceeding three machines at one licensed location. Subdivision 10. GB - GENERAL BUSINESS DISTRICT B. Permitted Uses Within any "GB" District no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council: 20. Amusement Devices not to exceed three machines at one licensed location. C. Conditional Uses Within any "GB" District, no structure or land shall be used for the following uses or uses deemed similar by the City Council except. through the granting of a conditional use permit: 11. Amusement Devices exceeding three machines at one licensed location. Subdivision 11. CSC - COMMUNITY SHOPPING CENTER. B. Permitted Uses Within any "CSC" District, no structure or land shall. be used except for one or more of the following uses or uses deemed .similar by the City Council: 7. Amusement Devices not to exceed three machines at one licensed location. C. Conditional Uses Within any "CSC" District, no structure or land shall be used for the following use or uses deemed similar by the City Council except through the granting of a conditional use permit: 12. Amusement Devices exceeding three machines at one licensed location. Subdivision 12. RSC -. REGIONAL SHOPPING CENTER B. Permitted Uses Within any "RSC" District, no structure or land shall be used except for one or more of -the following uses or uses deemed similar by the City 11 Council: 6. Amusement Devices not to exceed'three machines at one licensed location C. Conditional Uses Within any "RSC"District, no structure or land shall be used for the following uses or uses. deemed similar by the City Council except - through the granting of a conditional use permit: 10. Amusement Devices exceeding three machines at one licensed location. Subdivision 13. RB ROADSIDE BUSINESS DISTRICT B. Permitted Uses Within any "RB" District, no structure or land shall be used except for one or more of the following uses or uses deemed similar by The City Council: 7. Amusement Devices not to exceed three machines at one licensed location. C. Conditional Uses Within any "RB" District, no structure or land shall be used for the following uses or.uses deemed similar by the City Council except through the granting of a conditional use permit and only after a motel or restaurant has been constructed in the same general area; 4. Amusement Devices exceeding three machines at one licensed location. Subdivision 15. I-1 - LIMITED BUSINESS A. Permitted Uses Within any "I-1" District, no structure or land shall be used except for one (1) or more of the following use or uses deemed similar by by the City. Council: - 16. Amusement Devices not to exceed three machines. at one licensed location. C. Conditional Uses Within the "I-l" District, no structure or land shall be used for the following use or uses deemed similar by the City Council except by Conditional Use Permit: 13. Amusement Devices exceeding three machines at one licensed location. Adopted this day of 1980. CITY COUNCIL ATTESTED: CITY OF EAGAN _.. BY: BY: City Clerk Mayon 3 Agenda Information Memo June 13, 1980 Page Twenty-Seven NEW ORDINANCE FOR AMUSEMENT DEVICES E. New Ordinance for Amusement Devices -- An ordinance was. drafted by the City Attorney' s office per input and review by the City staff for the purpose of licensing amusement devices within the City. This ordinance has been placed on City Council agendas and continued due to the, length and number of -items during the past two 'months.' considered by the City Council at regular meetings. If time permits and the ordinance is addressed, it would then be in- order for the City Council to: ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny or autho size changes to the new ordinance entitled "Amusement Devices" and if time does not permit to review the proposed ordinance, the item can be carried indefinitely and the City Administrator given instruction to place it on a regular City Council meeting agenda when there are not so many items or to consider this and Item D at a special meeting. A copy of the Amusement Device Ordinance is again enclosed on pages jti$ through j_ for your' .reference. CITY OF EAGAN DAKOTA COUNTY, MINNESOTA PROPOSED ORDINANCE NO. AML'SF' ENT DEVICES THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COiJN1TY, MINNESOTA, DOES HEPIBY ORDAIN: SECTION .01 -- DEFINITIONS. As used herein a mechanical amusement device is defined as a machine which, _ upon the insertion of a coin, token or slug, operates or may be operated for use as a game, contest or amusement of any description, or which may be used for any such game, contest or amusement, and which contains no automatic pay off device for the return of money coins, checks, tokens or merchandise, or which provides for no such pay off by any other means or manner. The term mechanical amusement devices shall include pin ball machines, mechanical minia- ture pool tables, bowling machines, shuffleboards, electric rifle or gun ranges, miniature mechanical devices and games or amusements patterned after baseball, basketball, hockey, tennis, soccer, juke boxes and similar games, which may be used solely for arusement and not as gambling devices. SECTION .02 -- `LICENSE REQUIRED. No person, firm, or corporation shall maintain, keep, or sell within the City of Eagan, a mechanical amusement device as hereinbefore defined without first obtaining a license therefor from the City Council, except that this ordinance shall not apply to mechanical amusement devices held or kept in storage or for sale, and which are not actually in use or displayed for use. SECTION. .03 -- APPLICATION RFOUIREMENTS Application for such license shall be made to the City upon a form to be supplied by it for that purpose. The required license may be secured either by the owner of the machine or the person in whose place of business the machine is placed for use by the public. The application for such license shall contain the following information: 1. Name, address, age, and date and place of birth of the occupant. 2. Prior convictions of applicant, if any. 3. The place where the machine or device is to be displayed or operated and the business conducted at that place. 4. A description of machines to be covered by the license including mechanical features, name of manufacturer, and serial number. �,d • • SECTION .04 -- LICENSE/FEES XND PROCEDURE Subdivision 1. The annual license fee for any individual or business owning a mechanical amusement device within Fagan shall be determined according to the total number of machines that individual or business has located"within the City. Number of Machines Owner's License Fees 1-2 $100.00 (Example Only) 3-15 $300.00 (Example Only) More than 15 $400.00 (Example Only) In addition, an annual license fee for each mechanical amusement device shall be required. The annual license fee for each machine shall be _ Subdivision 2. All such licenses for mechanical amusement devices shall expire on the day of of the effective year. Applica- tions for licenses shall be considered by the City Council, and, if approved by the City- Council, a license shall be issued by the. City Clerk. License fees paid to renew an expired license shall be paid on or before of the year preceding the effective year. Any annual fee paid later than ten working days after December 1st shall be subject to an additional administra- tive service 'charge double the amount of the license or fifteen ($13. 00) dollars, whichever is least SECTION .05 -- INSPECTION. One copy of the application shall be referred to the Chief of Police or his designated inspector who shall investigate the location wherein it is proposed to operate such machine, ascertain-if the applicant is a person of good moral character, and either approve or disapprove the application. No license shall be issued to any applicant unless it has been approved by the Chief of Police or his designated inspector. SECTION .05 -- DISPLAY OF LICENSE. The license or licenses herein provided for shall be posted permanently and conspicuously at the location of the machine in the premises wherein the device is to be operated or maintained. SECTION .07 -- TRrNSFERABILITY. Subdivision 1. The. license may be transferred from one machine or device to another similar machine upon application to the City to such effect and the giving of a description and the serial number of the new machine or device. 2 Not more than one mase shall be operated under one cense and the applicant or licensee shall be required to secure a license for each and every machine displayed or operated by him. Subdivision 2. Licenses are issued for one location only, and such licenses are nontransferable between locations. SECTION .08 -- REVOCATION OF LICENSE. Every license issued under the City is subject to the right, . which is hereby expressly reserved, to revoke the same should the licensee directly or indirectly permit the operation of any of thedevices licensed herein contrary to the provisions of this Code or the laws of the State of Minnesota. Written notice shall be given to the licensee specifying the violation with which he is charged. At such hearing the licensee and his attorney may present and submit evidence or witnesses in his defense. If after a hearing the licensee is found guilty of such violation, the license may be revoked by the City Council. SECTIO'? . 09 -- SEIZURE AND DESTRUCTION Or MACNI',T. If the Chief of Police or his designated inspector shall have reason to believe any mechanical amusement .device is used as a gambling device, such machine may be seized by the _police and impounded. If upon trial of the - exhibitor for allowing it to be used as a gambling device said exhibitor is. found guilty, such machine shall be destroyed by the police. SECTION .10- -- GAMBLING PROHIBITED. No person, firm or corporation shall permit the operation of- such a machine or device for the making of side bets or gambling in any form. No prize, award, merchandise, gift, money or anything of value shall be given to any player of such machine or device. SECTION .11 -- OPERATION By MINORS. Subdivision . Every licensee, and every person, firm or corporation, upon whose premises a mechanical amusement device is located and is open to operation by minors, shall himself- or through his agents or servants, cause the following regulations to be conspicuously displayed in the area where such device is located, and shall cause said regulations to be rigidly enforced: 1. Gambling or wagering of any type whatsoever is prohibited. 2. Food or drink is prohibited in any room where a mechanical amusement device is located: 3. Smoking, is prohibited 'in any -room where -a mechanical amusement device is located. 4. If people are waiting to operate a particular mechanical amuse- ment device, the person playing that device shall relinquish the device upon completion of the game in progress. 5. Loitering in any room where a mechanical amusement device is located is prohibited; only those playing or next in Zine to play shall be permitted in the room 6. Adult supervision shall be present where a mechanical amusement device is located at all times the device is in operation. 7. Horse play, .,profane language, and abuse of machines is prohibited. 8. Mechanical amusemenet devices shall not be operated after 10:00 p.m , except by permission bf the City Council. 9. Violators of the above rules shall be ejected. from the premises. Subdivision 2. The use of any such device by a person under the age of 18 years and unaccompanied by his parents or guardian, shall constitute a conclu- sive presumption that the same is being used with the permission or at the sufferance of the licensee and person, firm or corporation upon whose premises it is located. SECTION .12 --- PENALTY. Any person who shall violate any of the provisions of this ordinance shall upon conviction thereof be punished by a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment for not more than ninety (90) days, or both. SECTION .13 -- VALIDITY. The invalidity of any part of this Ordinance as declared by a court of competent jurisdiction shall not affect the validity of the remainder thereof. SECTIO! .14 -- EFFECTIVE DATE. This Ordinance shall take effect upon its adoption and publication according to law. CITY COUNCIL CITY OF EAGAN ATTEST: BY: Its Mayor Its City Clerk Date Ordinance Adopted: Date Ordinance was Published in the Dakota County Tribune: 4 Agenda Information Memo June 13, 1980 Page Twenty-Eight FINAL PLAT MALLARD PARK 2nd & 3rd ADDITIONS F. Final Plat for Mallard Park 2nd & 3rd Additions - The final plat for Mallard Park 2nd and 3rd Additions was submitted and has been reviewed by the City staff and conforms to :the original pre- liminary plat. The development agreements are being updated to include' ,a. revised increase in bond amount and also to incorporate an annual amount which. deals with erosion control and other condi- tions. The agreement has not yet been signed, but it" is 'the- under- standing that all parties are in agreement. A copy of the Mallard Park 2nd & 3rd Addition plats are enclosed for- your reference on pages 0l3 and. . ACTION TO BE CONSIDERED ON THE MATTER: Two separate motions should occur to approve first Mallard Park 2nd Addition and secondly Mal-- lard Park 3rd Addtion as presented, both subject to meeting . all the requirements as directed by the staff t as Agenda Information Memo June 131, 1980 Page Twenty-Nine - FINAL PLAT -- WEDGEWOOD ADDITION G. Final Plat for Wedgewood Addition -- The development agreement for Wedgewood Addition is not in order for consideration at this time. Therefore, it is recommended that the final plat for Wedge- wood 'Addition be continued. ACTION TO BE CONSIDERED ON THE MATTER To continue consideration for final plat approval of Wedgewood Addition until the July 1 , 1980. meeting. FINAL PLAT CANTERBURY FOREST H. Final Plat for Canterbury Forest - The development agreement for Canterbury Forest is not in order for consideration at this time. Therefore, it is recommended that the final •plat for Canter- bury Forest be continued. ACTION TO BE CONSIDERED ON THE .MATTER-: To continue consideration for final plat approval of Canterbury Forest until the July 1 , - 1980 meeting. PLANS & SPECS IMP. 80-15 I. Approval of Plans and Specifications for' Imp. 80-15 (Deerwood Drive and Silver Bell Road) -- Three ( 3) separate public improve- ments (Project #273, #274 and #277) were grouped together for bid- ding purposes An explanation of all three projects is offered as background: Silver Bell _Road Improvement (Project #274). On September 18, 1979, the public hearing was held for the installation and `'improvement of. Silver Bell Road from Cedar Ave to `T.H. 13. This -project consists of three phases; phase one provides for ;the .realignment of Silver Bell Road by MnDOT due to the T.H. , 13JCedar Avenue interchange construction. Phase two provides for the widening of the existing paved surface of Silver Bell -Road from the proposed west portion of the reloca- tion to the existing gravel .section. Phase three provides for the upgrading of the existing gravel road from 'phase twoto old Cedar Avenue. This project will be funded through municipal state :aid funding and a cooperative agreement with MnDOT. Agenda Information Memo June 13, 1980 Page thirty. l East Deerwood Drive (Project ##273). A public hearing was held for this project on July 3, 1979 and was ordered in by the Council. This provides for the up- grading of Deerwood Drive from Pilot Knob Road to one-quarter mile east. This project was considered due to a petition submitted by affected property owners and the new construction of the St. John Neumann Church. This, project is a municipal state aid improvement' for a collector road.. As such, . it will have a sidewalk installed along the south side. There was concern` by some of the residents at the time of the public hearing as to the location of the sidewalk with this improvement.` . After extensive field and plan review, it was determined that the only feasible location for, the sidewalk was on the south side due to the topography. West Deerwood Drive (Project #277) . - The `public hearing for this project was held on October Z, 1979, with subsequent : approval by Council action. This pro- vides for the installation on concrete curb and gutter and sidewalk' along the south side of; Deerwood Drive from Blackhawk Drive to Riverton Avenue. This street also is a municipal state aid street and qualifies for similar funding. This improvement was initiated 'by a petition of several affected residents.; All three sections of street improvement are under the municipal state aid street jurisdiction and are being combined under one improvement for contract purposes. Therefore, it would be in order for the Council to: APPROVE PLANS AND, SPECIFI- CATIONS AND ORDER ADVERTISEMENT FOR BIDS WITH THE BID OPENING HELD AT 3:00 P.M. ON THURSDAY, JULY 10, 1980. IMP. 80-18 - SEAL COAT J. Approval of Plans & Specifications for Imp. 80-18 (Seal. Coating) --- Because there is ageneral fund maintenance budget item for seal coating, there was nofeasibilityreport or public hearing required. Details of those streets 'to be seal coatedwillbe dis- cussed at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THE MATTER: To approve .the plans and specifications and order advertisement for bids for Imp. 80-18 with the bid opening to, be held at 3:00 p.m. on Thursday, July 10 1980, Agenda Information Memo i June 13, 1980 Page Thirty-One IMP. 80-16 (GALAXIE AVENUE) K. Approve Plans & Specifications for Imp. 80-16 (Galaxie. Avenue) A public . hearing was held for Safari Estates on May 15, 197.9, and subsequently approved by the _City Council. - As a part of the Safari Estates streets and utilities Galaxie Avenue '. was proposed to be upgraded to the south one-half mile of Section: 32, adjacent to Safari Estates. Because this project involves' substantial cuts and fills , it is necessary to proceed with the grading of Galaxie Avenue adjacent` to Safari Estates at this time to eliminate. the need for additional costs that would be generated by excessive depths for the sanitary sewer and water main, in the Galaxie Avenue right of way: This street is on-the City' s municipalstreet system and qualifies for that funding. 1 Additional specific details for this project will be discussed at the, meeting on June 17 , 1980. ACTION TO BE. CONSIDERED ON THE MATTER Toapprove the_ plans and specifications for Imp. 80-16 and order the advertisement for bids with the bid opening to be held at 3;00 p.m. on Thursday, July 10, 1%80. IMP. 80-11 (BRITTANY 2nd & 3rd ADDITION)i L. Imp. 80-11 (Brittany 2nd & 3rd Addition Utilities Advertise for Bids) ' -- A public hearing was held and the project ordered in on April 1 , 1980, to - consider utility improvements to Brittany 2nd & . .3rd Addition. The final plat was approved on May 20, 1980. The plans and 'spe.cifications. are in order for consideration. ACTION TO BE CONSIDERED ON THE MATTER: To approve the plans and specifications and call -for a bid opening at 3:00 p.m. on July 10, 1980, for Imp. 80-11. 40*103-S City Administrator A-7