04/02/1996 - City Council RegularAGENDA
EAGAN CITY COUNCIL - REGULAR MEETING
MUNICIPAL CENTER BUILDING
April 2,1996
6:30 P.M.
I. ROLL CALL & PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. VISITORS
TO BE BEARD (10 MINUTE TOTAL TIIa LIMIT)
IV. DEPARTMENT HEAD BUSINESS (BLUE)
V. CONSENT AGENDA (PINK)
�. A.
PERSONNEL ITEMS
B.
Z
PROJECT 680, Present Report/Order Public Hearing (Cliff Road Upgrade)
. C.
PROJECT 699, Present Report/Order Public Hearing (Safari at Eagan 3rd -
Streets & Pond)
' D.
PROJECT 700, Present Report/Order Public Hearing (Hall Street - Utilities)
PROJECT 702, Present Report/Order Public Hearing (Woodgate 2nd Addition -
rE.
Street Rehabilitation
�� t_ F.
PROJECT 703, Present Report/Order Public Hearing (Mallard Park 2nd Addition
- Street Rehabilitation
G.
CONTRACT 96-11, APPROVE PLANS/Authorize Ad for Bids (Yankee Doodle Road -
Widening, Ramp and Signals)
�► H.
CONTRACT 96-05, RECEIVE BIDS/Award Contract (Northridge Drive & Poppler Lane
I.
- Streets)
PROJECT 695, APPROVE COST PARTICIPATION AGREEMENT Dakota
(O
with County (Yankee
•Doodle
Road)
1� J.
EXTENSION PRELIMINARY SUBDIVISION - BRW, INC., for Eagan Woods Office Park
/�.
2nd Addition, Old Country Buffet, located on the west side of Pilot Knob on
V ti
Eagan Woods Boulevard
K.
PROCLAMATION/City of Peace
r� L.
PROCLAMATION/National Days of Remembrance
•(0 M.
CHANGE IN ARCHITECTURAL SERVICES CONTRACT, Blackhawk Park
N.
FINDINGS OF FACT, CONCLUSION & RESOLUTION of denial for Comprehensive Guide
Plan Change - Carriage Hills
0.
AUTHORIZATION to Submit Grant for Open Space
11�
D 10 P.
SET PUBLIC HEARING/CERTIFICATION of Delinquent Utility Bills
V -V Q.
AGREEMENT, Public Safety Dispatch, City of Eagan and City of Rosemount
• R.
� 50,
AGREEMENT, Public Safety Mobile Data Communication System, City of Eagan and
t p
City of Rosemount
4�S.
CHANGE ORDERS, Municipal Center Building Project
PI T.
APPROVE Exemption from Lawful Gambling License, Valley Viewers 4-H Club
U.
M
VACATE UTILITY EASEMENT, RECEIVE PETITION/ SCHEDULE PUBLIC HEARING - Utility
V.
Easement Vacation - Eagandale Office Park
APPROVE ADJUSTMENT to Water Utility Enterprise 1996 Budget
VI. 7:00 - PUBLIC HEARINGS (SALMON)
5 A.
,IVII.
INDUSTRIAL DEVELOPMENT REVENUE BONDS - PNP, L.L.P./Master Mechanical, Inc.,
Project
OLD BUSINESS (ORCHID)
P (p..LA.
FINAL PLANNED DEVELOPMENT, FINAL SUBDIVISION, AND VACATION OF PONDING
EASEMENT - OPUS CORPORATION (EAGAN PROMENADE), located on the north side of
Yankee Doodle Road and east of I -35E
VIII. NEW BUSINESS (TAN)
f --47A. CONTRACT 96-10, Receive Bids/Award Contract (Yankee Doodle - Bridge
Widening)
9 B. WAIVER OF SUBDIVISION - LEO & KEVIN MURPHY, to separate 5.29 acres from
33.268 acres for individual ownership located north of Deerwood Drive and
1� west of Murphy Parkway
C. CONDITIONAL USE PERMIT - JIM COOPER, to allow outdoor storage of rental cars
p on Lot 1, Block 1, Duckwood Square (Goodyear) located at 1340 Duckwood Drive
Q D. CONDITIONAL USE PERMIT - DORON JENSEN, to allow on sale liquor on Lot 3,
Block 1, Cedarvale 2nd Addition, Jensen Supper Club, (formerly Perkins),
9 located at 3840 Sibley Memorial Highway on the east side of Rahn Road next
to the Minnesota Credit Union
E. APPLICATION, On -Sale Liquor License, Jensen's Supper Club
P
F. WAIVER OF SUBDIVISION - ROBERT MCLEAN & CITY OF EAGAN, to separate 1.9 acres ,�oo from 2.9 acres to be dedicated to the City for park land located on the
north side of Wescott Road at 871 Wescott Road, west of Wescott Hills Road
F,tl:Z,f
G. PRELIMINARY & FINAL SUBDIVISION - LAWRENCE G. POPPLER, consisting of three
lots on 5.769 acres for Poppler Homesteads No. 2 and 10' setback variance
for proposed Lot 1, Block 1, located south of Lone Oak Road and west of
Poppler Lane
IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (BUFF)
X. ADMINISTRATIVE AGENDA (GREEN)
XI. VISITORS TO BE HEARD (for those persons not on agenda)
XII. ADJOURNMENT
XIII. EXECUTIVE SESSION
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital
status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities
will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of
Eagan will attempt to provide such aid.
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MARCH 29, 1996
SUBJECT: AGENDA INFORMATION MEMO FOR THE APRIL 2, 1996 COUNCIL
MEETING
After approval of the April 2, 1996 City Council agenda, the March 21, 1996 Special City
Council minutes and February 20, 1996 and March 19, 1996 regular City Council meeting
minutes, the following items are in order for consideration.
MINUTES OF*.R9Q4JL--W-*ERT-
ING OF THE
I. A
ii, Minnesota::::****,
.Varch 19, 1996
A regular meeting of the Eagan C*I�euncil was held :.'*4:Tuesday, March 19, 1996 at 6:30 p.m.
at the Eagan Municipal Center. Present weie.*MiyX..Fgary.-�.tW.-.touncilmembers Wachter, Awada, Masin
and Hunter. Also present were City Administra�-T*.4i-WAW66i, Community Development Director Peggy
�. 6:.. - -
Reichert, Director of Public Works Tom Colbert, and' ity Attorney Jim Sheldon.
9000A
Wachter moved, Masin seconded a :the agenda as presented. Aye: 5 Nay:
0
Hunter moved, Awada seconded a motionprove ttii':J�"inutes of the February 27,1996 Special
.
Council meeting. Aye: 5 Nay: 0
Councilmember Hunter requested an addition on page 4, indicating that the reason for
Councilmember Wachter's abstention is that he is a member of the Holz Farm Task Force. Egan moved,
Masin seconded a motion to approve the minutes of the March 4, 1996 Council meeting as amended. Aye:
5 Nay: 0
MOP
Martin Colon, Federal Land CompanyjOx . pressed .0. -c6... ern about the proposed median closing
on Yankee Doodle Road, adjacent to the Yankei.-'$ He is proposing that a modified
qw �s .
left turn be allowed at that location that in only. He noted that there is a high
number of left turn movements at the interse on of Yankee Doodle Road and Washington Drive. This
proposal alleviates some of the pressure:1ir'om that intersection. He feels closing the median will only
exacerbate the problem. He proposes that the median cut be moved approximately 100 feet to the west
to allow for more storage. A petition has been submitted from all of the tenants at Yankee Square
Shopping Center. Closing the median will have a drastic effect on Yankee Square Shopping Center. He
will continue to work with Dakota County staff on the design.
......... ...
reyi .... �d " * " " * "' lihorovement, and the problems associated
Pete Sorenson, Dakota County, 16W * the%, ed
with Mr. Colon's request. Dave Everds, Dakota County:, noted that the issue isn't just with the fact that the
proposal doesn't meet their standards for length beth en cur6::*q'.u*ts. They don't feel the design is safe.
There have been a number of accidents in this areqi;aV%er the r s
Councilmember Hunter asked what the time line is foe-ftiis project, and Director of Public Works
Colbert indicated that the plans must be submitted by April 2 in order to have the project completed and
open for traffic on November 1. Councilmember Hunter noted that the county has the final say for location
of curb cuts on county roads. Mayor Egan asked county officials if the city. requested the curb cut, whether
they would go forward with the project. Mr. Everds indicated they wouldn't.
Councilmember Wachter stated he feels safety is
. . Ont. He questioned whether the median
break is feasible. Mayor Egan noted that the.;punty. h@p. mpA�lf clear that they won't go forward with this
project regardless of what the city reque�ti..-*.*.-*.�.'w.'.,-':'I**$'Q**'d'id'w.'e'd':':F.
........ ... j6deral Land Company officials continue to
work with Dakota County staff on this issd�'.-
WON'$
EAGAN CITY COUNCIL MINUTES; MARCH 1si, 19�;:;:;; ;:;:;:;;:;:;:
PAGE 2
In regard to Item A, Personnel Items. Administrator;.t{edges expressed appreciation to Diane
Palmersheim, Administrative Secretary for t(tv;work she has:dWeOor Administration and the City Council.
In regard to Item L, Park Naming Lexit�a -Athletic Site and Park Adiacent to Red Pine
,., �73ff1' .
Elementary School. Councilmember Wachter indicated' he doesn't like the name recommended for the
Lexington-Diffiey Athletic Site. He prefers to have parks named after their historical significance if there
Is any, and this area does have historical significance as a bi-plane touch and go landing field for flight
training during World War II. After considerable discussion, it was decided to hold a park -naming contest
In the schools. Councilmember Awada asked:whjjt.xhe sigmftance is of the name of Hidden Comer Park,
and Parks and Recreation Director Vraa gsvaR:$4c#aii�#IQia:::::::::
Councilmember Wachter asked whether adtlltional hisW& sandstone blocks like the stone used
at the Lexington-Diffley Athletic Site have been puroh>ased. Hajeels the stone is beautiful and could be
used for other park signs. Parks and Recreation Dirsi 6Dr Vraq;"cated that more stone is available if the
Council gives that directions. Wachter m6VOda motion to authorize the purchase of
additional historic sandstone blocks. Ayer:;6::: Iaji` 0
In regard to Item N, Recommendation Airport Relations Commission Evaluation of Noise
Abatement Departure Profiles, Councilmember Wachter indicated he would like Assistant to the
Administrator Hohenstein to give an explanation to the citizens as to how this will affect the citizens of
Eagan. He suggested it be done at a future Council meeting.
A. PersonnelItems
Item 1. It was recommended to approve
Tech II in the Police Department.
Item 2. It was recommended to approve
Police Department.
as a part-time Receptionist/Clerical
imed as a full-time dispatcher in the
Item 3. It was recommended to accept the letter of resignation from Diane Palmersheim, Administrative
Secretary.
Item 4. It was recommended to accept thik: i' $t ativrf: f:Ml;S::I:ntern Therese Pojman.
It was recommended to approve the reclassification::pf the Level F Secretary position in the Parks and
Recreation Department to Level G Office Supervisor:;:.:;
B. Retirement of Police K-9. It was recommended tiYfetire "King a Police K-9, and authorize that he be
given to an interested family. ° ...
C. Proclamation, Bumsviile/Eagan Public Access Volunteer A2greciation Day. It was recommended to
proclaim March 22, 1996 to be Burnsville/Eagan Public Access Volunteer Appreciation Day.
D. Declare Vacancy, Solid Waste Abatement Commission Hagler Representative. It was recommended
to declare a vacancy of one hauler representative, position on tKitolid Waste Abatement Commission and
authorize staff to advertise for application"" "'*"*.iso'.'.. iti er" .'' in filing the remainder of the position's
term.
E. Findin s of Fact Conclusions and Resolution one'.'i" : of Conditional Use Permit for Hi -Lex
Corporation. It was recommended to approve a resolutioF "bif denial making Findings of Fact and
EAGAN CITY COUNCIL MINUTES; MARCH 19, 199ef::::'::::::::::.. .......::::::::::;
PAGE 3
Conclusions relative to a conditional use pekttiit for outside st0j3p of chlorine gas and sodium hydroxide
for Hi -Lex Corporation as presented.
F. Proiect 705, Wescott Road Resurfacing It'iivas`h3commended to authorize the preparation of a
feasibility report for Project 705.
G. Proiect 706, Wilderness Run Road Resurfacing_ It was recommended to authorize the feasibility report
for Project 706. :.:::. • • • . .
H. Proiect 707 TH 149 & Lone Oak Parkway S1g691'If •was commended to authorize the feasibility
report for Project 707. • • . .
I. Proiect 615R, Meadowview Road. It was. recorxfiWed to tiAorive the feasibility report for Project 615R
and schedule a public hearing to be held 6*A-`i-:-16, $$ :::::::: '
J. Project 664, Wescott Square Final Assessments. It was recommended to receive the final assessment
roll for Project 664 and schedule a public hearing to be held on April 16, 1996.
K. Project 643R Oslund-Timberline Addition Final Assessments. It was recommended to receive the final
assessment roll for Project 643R and schogla:_>e public hearing to be held on April 16, 1996.
L. Park Naming, Lexington-Diffley Athletic Sit
recommended to approve the official name of
Diffley Athletic Site until after a park naming
M. Resolution. Anolication for One -1
Research. It was recommended to
to Red Pine Elementary School. It was
and postpone the naming of Lexington -
resolution as presented.
N. Recommendation, Aimort Relations Commission Evaluation of Noise Abatement Deoarture Profiles.
It was recommended to formally support the implementation and evaluation of the "close4n" noise
abatement departure profile for use on the parallel runways southeast of the Twin Cities International
Airport.
O. Indemnification Agreement Access to -O'Neil Pro rtv . It was•Fecommended to approve an agreement
indemnifying the owners of the O'Neil property froi'*:plaims 4f :damages or liability as a result of the
Department of Parks and Recreation's effort to salva materia:#rom the old Sell farm.
P. Proiect 709, Kennebec Drive and TH 131Blackhawk Road.:'It:w: as recommended to receive a petition
and authorize the preparation of a feasibility report for Project 709.
Q. Final Planned Development, Rahncliff Dai ueen. It was recommended to approve the final planned
development to allow a 2,780 square foot Dairy Queen restaurapiuyith drive-through window on Lot 2, Block
1, Rahncliff 2nd Addition.
Hunter moved, Awada seconded ioltDTt:ioria;tFie consent agenda. Ayer 5 Nay: 0
i i •TJT/111r'
YMCA OF GREATER ST. PAUL - ISSUANCE OF
EAGAN CITY COUNCIL MINUTES; MARCH 19,19W:
PAGE 4
COMMERCIAL 66ELOPMENT REVENUE BONDS
Administrator Hedges reviewed the':;rd:::iitited that the interest rate is 6.025%.
Councilmember Awada asked when the project virile 6e i;otnpleted, and Tim Staley of the YMCA indicated
it will be done in 6-7 weeks. Mayor Egan opened the public hearing, but there was no one present wishing
to speak. Awada moved, Masin seconded a motion to close the public hearing and approve the resolution
approving the issuance and sale of $1,086,000 commercial development revenue note, series 1996 and
authorizing the execution of documents relaMn9:4hgseta fof Y[VI.�A of Greater Saint Paul project. Aye: 5
Nay: 0
WAIVER OF SUBDIVISION,'L7`E AND IDEiNISE SENNETT
Community Development Director... ReichM--*Qave s tt'aff report, noting the reason they are
requesting this lot line change is to save a (iir;i€aictree ilii;ttjir:property. Administrator Hedges noted that
this should be approved with the condition that Lots 27 alid'�8'6e combined as one tax parcel. Mayor Egan
opened the public hearing, but there was no one present wishing to speak. After some discussion
regarding the reason for the request, Awada moved, Masin seconded a motion to approve the waiver of
subdivision to allow a lot line shift of the common lot line between Lots 27 and 28, Block 1, Great Oaks
Addition, subject to the condition that the waiver be recorded at Dakota County within 60 days of Council
action and documentation provided to the.**,* nd that Lots 27 and 28 be considered one parcel for tax
purposes. Aye: 5 Nay: 0
PROJECT 693, CEDAR GROVE 11TKAND 12'T+ :X0D— ITION FINAL ASSESSMENTS
Director of Public Works Colbert gave.$ti3>:tiart; noting that the assessments came in higher
than the estimate due to the city's request *iEiist2il'reakaway poles. That is being funded by the City's
Street Light Utility Enterprise Fund. Cottna`imember Hunter asked whether breakaway poles will now
become the city's standard, and Director of Public Works Colbert responded that it will. This request got
caught in the transition of going to breakaway poles. Mayor Egan opened the public hearing, but there was
no one present wishing to speak. Hunter moved, Wachter seconded a motion to close the public hearing
and approve the final assessment roll for Project 693 and authorize its certification to Dakota County. Aye:
5 Nay: 0
PROJECT 645, BLACKHAWKMLLS FINAL ASSESSMENTS
Director of Public Works Colbert gave a staif:Feport, n0ft an objection was received today from
James B. Kennedy, 3684 Birchpond Place. Mayor ftin opened.'fhe public hearing, but there was no one
present wishing to speak. Some discussion followed concerning'the condition of the asphalt in this area.
Hunter moved, Awada seconded a motion to close the public hearing and approve the final assessment
roll for Project 645 and authorize its certification to Dakota County. Aye: 5 Nay: 0
�jll'BC�SINESS
ORDINANCE AMENDMENT,TREE PRESERVATION ORDINANCE
Community Development Director -Agit hiitf&ve'>#'staff trrport, noting a slight modification to C, 4,
a, regarding mitigation, to state that the money will be set aside in a specific tree replacement fund, A
modified version of the ordinance was handed out. CouncilrriesXiber Awada asked why the tree diameter
requirement is being reduced from 8" to 6". Gregg Hove, City' ifrester, indicated this was done primarily
because of the oaks and other hardwood trees that are long lived and slow growing. He feels those trees
EAGAN CITY COUNCIL MINUTES; MARCH 19, 1996:: ::
PAGE 5
are very important to the future forest of the t;Even thoughlbey are smaller in size, they could be 50
years old and deserve attention. Councilm"'%"i r:•:yllagt sidicated he concurs with that requirement.
Councilmember Hunter noted that this policy ha:tiiiti ri:.ik:-for several years, but the ordinance gives
the financial guarantees to enforce the policy. Wachter moved, Hunter seconded a motion to approve the
proposed ordinance amendment to Chapter 11 entitled "Land Use Regulations" by adding Section 11.10,
Subd. 15.1 regarding tree preservation regulations and by adopting by reference Eagan City Code Chapter
1 and Section 11.99. Aye: 5 Nay: 0 Discussion followed on the boulevard tree maintenance and
reforestation programs, fertilization of trees :iw*:Wb***t:""-OW' * e regarding gypsy moths in Eagan.
ORDINANCE AMENDMENT, ADULT USE ESTA0LJSHME1#$ • EXTENSION OF MORATORIUM
Councilmember Hunter asked whether theta::fs a 1m4:;ji?: how long a moratorium can be. City
Attorney Sheldon responded that moratork dig::�6i%:.b6::i"or.:cxtte•:hear with an 18 month extension. This
extension will provide for the maximum amountt4i—ime fo'r iii aiorium. Awada moved, Wachter seconded
a motion to approve the proposed ordinance amendment to Chapter 11 entitled "Land Use Regulations"
by adding Section 11.06 to the code of ordinances extending a moratorium for 18 months on the siting of
adult use establishments within any zoning district in the City of Eagan and directing the study to continue.
Aye: 5 Nay: 0
FINAL PLANNED DEVELOp*kkT.;..F)NAL SUBDIVISION, AND VACATION
OF PONDING EASEMENT - O'ptS:gftATION (EAGAN PROMENADE)
Administrator Hedges noted that there some unresWed issues on financing with the county,
and it is anticipated to have them resolved in tviitJ: eek tihtet moved, Wachter seconded a motion to
continue this for two weeks. Aye: 5 Nay....4
MVTA/BLACKHAWK PARK & RIDE
Administrator Hedges indicated he.TeQeiv..ed.a..request.tr4m the Minnesota Valley Transit Authority
for 50% funding of a surveillance system ai th*:. of i*h i►k;P�r�:$�;i2ide lot. They are suggesting that rather
than removing the berm, that a surveillance system .b�O"[6tfafied:' Mayor Egan indicated he supports the
installation of a surveillance system, but this has not::been budgeted for. He feels it is more appropriate
to come out of the MVTA budget. It is clearly within %i* jurisdiftn. Councilmember Wachter concurred.
The city has never been involved in this before. Coitt'Gilmemb0r: Hunter noted that the city keeps getting
asked to get involved in more and more things. This is clearly -4 VTA funding. If a surveillance system is
needed, the MVTA should provide it. Councilmember Awada concurred. Awade moved, Hunter seconded
a motion to deny a request for a contribution of $3,640 toward the cost of a surveillance system. Aye: 4
Nay: 0 (Councilmember Masin abstained due to the fact that she is on the MVTA Board.)
Administrator Hedges gave a report on the National Hague of Cities Conference attended by
himself, Mayor Egan and Councilmember Wachter. jjjj�p�p77 ��✓✓pp
Special City Council Meetings. Masin moved, WaOtOr seconded a motion to approve special
City Council meetings for April 2 at 5:00 p.m.; April 9 at 6:30 p iif; and April 23 at 5:00 p.m. Aye: 5 Nay:
0
X
EAGAN CITY COUNCIL MINUTES; MARCH 19,19"
PAGE 6
Property Tax Freeze. Administrat0*:11edges reviewed.*iislation regarding the dual track airport
issue and a proposed property tax freeze. DlipUX*$laDJ
how a property tax freeze will
affect city services and the park bond refers'n'*d'g**'t*'o*',:,,t;il***"**""
... .. Athibilinembers urged continued opposition to a
property tax freeze. ..... .
low,MM,
Administrator Hedges gave an
a home page for the City of
Eagan.
X,
Councilmember Wachter stated he recently rood an articJe.poncerning the number of accidents that
are caused by people using cellular phones, and bbid_': ed w "'e**r the city should have a policy that city
employees pull over to the side of the �o 4:::w .... .. 40
..* ..' h ' *n::* 'Me 4hone calls on cellular phones. Other
...........
Councilmembers disagreed, feeling it defekfis-ft`ourpo them,
Councilmember Masin reported on a Healthy Communities meeting she attended and the upcoming
county -wide event for building and sustaining healthy communities on April 25th. She also reported on the
Dakota League of Governments meeting.
Councilmember Hunter gave an uOd recent rail accident in Wisconsin and their plans for
bringing the people evacuated back to theif
Wachter moved, Egan seconded a.m4)tFdh:1o.* prove the check register dated March 15, 1996 in
the amount of $1,569,875.06. Aye: 5
XWOURNMENT
The meeting adjourned at 8:14 p.m.
DLP
Date
... City Clerk
If you need these minutes in an alternative tonn such as large print, braille, audio tape, etc., please contact
the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122,.:(6,12) 681-4600, (TDD phone: (612) 454-
8535).
The City of Eagan is committed to the polky.that:affimm:hame equal access to its programs, services,
activities, facilities and employment with4 :X&
r, creed, religion, national origin, sex,
disability, age, marital status or status with regard to public assistance.
MINUTES Q .AM fi>`iatiC'7GfflEt'"W.� OF THE
EAGAN CITY COUNOl::::
:ligan, Minnesota
ruary 20,1996::-:-:-:-
A
0,1996:'-:::
A regular meeting of the Eagan City Cdi7Rcif tN:401i i'on Tuesday, February 20, 1996 at 6:30 p.m.
at the Eagan Municipal Center. Present were Mayor*Ege'n *and Councilmembers Wachter, Awada, Masin
and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy
Reichert, Director of Public Works Tom Colbert, Finance Director Gene VanOverbeke and City Attorney,
Jim Sheldon.
Administrator Hedges added Item P. Set Public Hearing :for Project 687 for April 16, 1996.
Awada moved, Masin seconded to accept the agent#":
EAGAN CITY COUNCIL MINUTES, FEBRU} l�,;Y:� ; .:9%�''..'..:.:.:.:.:::::..*.
PAGE 2
McKenzie Foster provided the Council with 'an Update of MVTA riders concerns she had brought to
the Council's attention on February 6. Foster stated that she had not received any communication from the
organization relative to the issues she had identified. The bus company, however, supplied it's riders with
a certificate for a free ride and a muffin which, in Ms. Foster's opinion, was not a very service oriented
gesture. She opined that the communication: $d:-I3e: f:4iptely and that information should be
supplied on how open issues will be resolver ort�at5seid:: Ivss;:>sOster wanted to assure the Council that
things were not resolved as she wished they could ha>w$een at:iw point.
Mayor Egan stated that the Council met witty $t4?yerly Mjflr� Executive Director of MVTA, at the
workshop prior to this meeting and Ms. FosteVs;4Q t i�ft-w$rR:.�&in addressed. Councilmember Masin
stated that the MVTA has started working ott::}S wt 4—ihat hi" : ipen identified. For example they have
inspected all of the busses with all but one passing the inspection. The president of National has also met
with MVTA to continue communication relative to ridership, Masin added. Ms. Foster responded that she
is hopeful that there will be better communication with the ridership; specifically addressing the issues that
she is identified.
PQ
ACCEPT GRANT,POLICE DEPARTMENT-MUNICJPAL CENTER BUILDING
PROJECT, DAKOTA COUNTY EL41CTRIf03'EFFICIENCY PROGRAM
Following an introduction by Mayor;44.j ;:A' ministrator Hedges noted that Dakota Electric offers
grants to its customers who incorporate eneergy efficient technologies in their buildings. Hedges continued
that Municipal Buildings Supervisor Howard Favilla coordinated a grant application associated with the
municipal center construction and expansion which resulted in a $2,864 grant from Dakota Electric.
Favilla was congratulated for this achievement and thanked for his dedicated work in not only receiving the
grant but providing a potential savings up to $2,000 per year in energy costs for the Police facility.
Supervisor Favilla thanked Dakota Electric4r:,'tj eirtisie�::►d:asSi2 nce in receiving the grant.
ACKNOWLEDGE CERTIFICATE OF ACHIEVEMEN!I!;:f.OR EXCELLENCE IN FINANCIAL REPORTING
Administrator Hedges noted the City has recejjijkd a Cer"cate of Achievement for excellence in
Financial Reporting for its 1994 Annual Financial Repo'rt'and wadAi�d to thank Finance Director
VanOverbeke and his staff for their continued commitment to excellence. Mayor Egan congratulated
Director VanOverbeke and his staff and asked how many years the city has received this award. Director
VanOverbeke responded this is the 11th consecutive year and expressed his thanks and appreciation to the
Finance staff, Department Heads and their staffs and the City Council for their cooperation and support.
Regarding Item D, Ap12rove Addend fri;'*MViiltti al C26fe1*'Architectural Services, Councilmember
Wachter stated that he had reviewed the change orders and has.:Kpt up to date on the tabulations thus far.
He complimented staff for the great job that's been done in trackii?cg this project and feels the job turned out
well. Administrator Hedges commented that there has been a great deal of time spent by staff and
Councilmember Wachter in the administration and follow through for this project and again thanked those
EAGAN CITY COUNCIL MINUTES, FEBRI:i .A4 X26'..:•19'46""'
PAGE 3
involved for their input and involvement. M t j;irgan.Cel iia"' his thanks to Councilmember Wachter,
Administrator Hedges and Assistant to the Admrfor their help with this project and
working through the negotiations with Thorbeck Architects. Councilmember Awada added that she hoped
the City would not provide Dewey Thorbeck with a good recommendation in the future.
Regarding Item F, Massage Therapist License, Councilmember Wachter asked why the city seems
to be approving so many of these licenses.af}:z�:gpc.0pd that there is considerable turn over in
this field since many of the therapists are is to have each of these items appear
before the City Council. Councilmember-Awada sujj�ted that t$ys process could be handled
administratively with an appeal process similar to wh4t was adopted for special hunting permits.
Administrator Hedges stated he would check with thee: ity Attoci}> jr to see if this can be an option. With
the City Council concurring, Awada move($ :. to direct the City Attorney to
review the massage therapy license applica#i6di-pr6cess'ieg4psifn%g a code change to empower staff to
process the licenses in the future similar to what is being done with special hunting licenses. Aye: 4
Nay: 1 (Wachter)
A. Personnel Items
Item 1. It was recommended that
worker.
Item 2 It was recommended that Krissann
Item 3. It was recommended that Mel
B.
be hired as a seasonal skilled street maintenance
be'hired.as a seasonal skating instructor.
as a seasonal tennis director.
It was recommended that March 3-10 be proclaimed to be Volunteers of America Week in the City of
Eagan.
C.
Commercial Development Revenue Note:eni3 ..=it ;: s & ration of necessary documents (YMCA
of Greater ST. Paul Project)
It was recommended that a resolution giving prel i`*�nary appu#Yal to issuance of a Commercial
Development Revenue Note for YMCA of Greater:�t; Paul pMoct be approved and a public hearing set
for March 19, 1996.
D. Approve addendum. Municipal Center Architectural Services
It was recommended that Addendum #3 in the amount of $14,100 for additional architectural services
as negotiated with Thorbeck Architects Ltd. for additional architectural services be approved.
E.
It was recommended that the renewal of the gambling prerriso permits for the Knights of Columbus
#7604 to operate charitable gambling �ctivitiP ich Cads ;kQ taurant and Starks Saloon be approved.
It was recommended that the massage therapist license for ilaffileen Navarre -Larson to perform
therapeutic massage at Lifetime Fitness, a licensed facility b0pproved.
EAGAN CITY COUNCIL MINUTES, FEBRUitRY::2lil:*:I 8'"'"'''"''::::%
PAGE 4
G.
and Heartland Pets. 1960 Cliff Lake Road.
It was recommended that the renewal of pet shop'licenses for Wet World, Walmart and Hartland Pets
be approved as presented.
H. Tobacco Sales and Service Station Permit, Twin Cities Stores Incd Oasis Market, 3390 Coachman Road
It was recommended that tobacco sales ;;&rtt:*dtvige:3t41mw.permits for Twin Cities Stores Inc. for the
Oasis Market location at 3390 CoachmA.irtat
Slater Road iust south of Wall Street.
It was recommended that a one year
Eleventh Addition be approved.
subdivision for Whispering Woods
J. Contract 94-11. Authorize Final Payment, Waterview Addition Utilities
It was recommended that the third and final payment to Brown & Cris, Inc. for Contract 94-11
(Waterview Addition - utilities) be approved and City maintenance subject to warranty provisions be
authorized.
N
L.
It was recommended that a resolution denyirig:an application,.for Kool Tyme, LLC's (Dairy Queen) for a
conditional use permit to allow a pylon sign;'644' Oultiot.A:::? n' Centre 70 Eighteenth Addition be
ratified.
It was recommended that a resolution restricting on -street parking on Northridge Drive be approved and
that the Mayor and City Clerk be authorized to execute all related documents.
M. Project 693, Receive_ Final Assessment Roll, Order Public Hearing; Cedar Grove 11th and 12th Addition
Street Lights
It was recommended that the final asses§friciit"roll'ftirRio0 t'S93 (Cedar Grove 11th & 12th Addition -
Streetlights) be received and a public hearing scheduled to b*:held o March 19, 1996.
N.
It was recommended that the final assessment roll"f t Projecx:S F5 (Blackhawk Hills Addition - Street
Reconstruction) be received and a public hearing be scheduled on March 19, 1996.
O. Resolution denying a Preliminary Planned Development Amendment for an automobile service center
n tl t A. Geo[ge W. Giles Addition
It was recommended that a resolution denying a preliminary,:&nned development amendment to allow
an automobile service center on Outlot A, George W. Giles;iieldition be ratified.
P. Set Public Hearing for Project 587 fBisc,yre:tk#;tii}elsnd Utilities)
It was recommended that a public hearing'fdt''Wditef:: ;�-_" i�cayne Avenue - Streets and Utilities) be
scheduled for April 16, 1996.
EAGAN CITY COUNCIL MINUTES, FEBR
PAGE 5
VACATE FARM::ROAD, PUBLIC RIGix1T-OF-WAY
Following the introduction of the publicheariii;ffist. tii:vation of public right-of-way for Farm Road
by Mayor Egan, Administrator Hedges explained 'tFiat:>i(ia:Fiiiincil held a public hearing on December 5,
1995 relative to this issue. One of the affected property owners objected to the proposed vacation and
another owner had not been properly noticed of the public hearing therefore the public hearing was
continued until February 20.
Public Works Director Colbert explainej#:t}i j ::r otic S::i1 :.-been published and sent to all potentially
affected property owners informing them of Rjs cont"dl'piibl'iiS:3 Baring. Colbert continued that the north
half of Farm Road was dedicated as public right-of-waywlth the:platting of the Dodd View Addition. The
south half of the right-of-way, however, is a separate.-di;scribed.lepl parcel under the ownership of Andrew
and Hulda Anderson. Colbert explained that to vac:0e:ihe puWiOight-of-way the City would be required
to either obtain a private easement from the::�i fjjki6ifbntinued use of Farm Road as a private
driveway or reconstruct Farm Road as a pritiate`drivewaytd'lie'.entirely within the vacated right-of-way.
Future utility easement would have to be acquired when and where necessary and it may be best for the
city to retain the entire right-of-way. It was also noted that MnDOT required that Farm Road no longer
connect to TH3 and this dead end stub does not meet the city's standard for cul-de-sacs.
Director Colbert continued that the city: -has used and maintained this segment of road for 6 years for
public purposes. If Farm Road is not vacat;0 :sorti.R..gptions that exist include constructing a cul-de-sac at
the dead end of Farm Road to ensure the safesf'aMii::iiii..St:4fftcient plowing, move the dead end barricade
from its existing location at the driveway to the Q4st prop&t-V::l:ihb to the property on the north side of Farm
Road and obtain an easement for a turn around or:continue to-:pJ,0w with the motor grader by backing in
twice and plowing toward Dodd Road.
Another issue for the Council to considei;:::C-dlbert continued, is the affected property owner's reluctant
acceptance of this vacation contains a condition that would require the City to purchase the south half of
the right-of-way and convey it to him. This is an action that could be pursued to determine the economic
feasibility as compared to long-term maintenance and temporary cul-de-sac construction. Staff is looking
for direction relative to the vacation of this right-of-way and if so, what improvements should be made on
Farm Road.
Councilmember Masin asked what potential devel.opmen't may occur on the south side of Farm Road.
Director Colbert explained that there is a large privat@'. ;.owned:pafcel that is expected to remain as a
private home. It is expected that when/if the surrouocsng area:rd"*velops there will be little, if any, need for
Farm Road to be improved or upgraded. Councilmerrt *r r Wac t ii7r:stated he was not in favor in closing this
section of road and wanted to see it continued. Councilmember-WAwada opined that it was preliminary to
provide improvements to this segment of road and that another access to the property on the northwest
corner of Farm Road should be considered when the surrounding area develops .
Councilmember Masin asked if the Council denied the vacation would they continue to maintain Farm
Road. Director Colbert stated that the Council could decide to.'* longer maintain this segment of Farm
Road or they could request that the maintenance continue as it:ftas been. Councilmember Awada opined
that this area will most likely develop at sort+q::t "::iwtlse.fl:ttwe:.wd that would be a more appropriate time
to install utilities and upgrade the road. CorrnlirieiakNox%riui#tQre=icpressed his agreement with
Councilmember Wachter and suggested that the vacation be denied and that the City continue to maintain
Farm Road as it currently does. He continued that if the cost bq;rQmes prohibitive, plowing should be
terminated. The owner could then be notified that an easemerd needs to be dedicated for a hammer head
turn around if the homeowner wishes continued service by the city. Councilmember Awada reiterated that
at the time this area develops further, the issue of upgrading the roadway can then be addressed.
Wachter moved, Masin seconded a motion to deny the vacation of public right-of-way for Farm Road.
Aye: 5 Nay: 0
EAGAN CITY COUNCIL MINUTES, FEBRUARX:•gq...3:�9G
PAGE 6
VACATE EA$MENT, POPPLEKADDITION
Mayor Eagan introduced the request for a(itfltEjiN;.4$q►,KiieiVV6cation for Poppler Addition. Administrator
Hedges explained that the vacation of a drainage' "d:kkft ty''easement is requested for consideration at a
future Council meeting concurrent with the final plat approval for the Poppler Homestead Addition #2.
Public Works Director Colbert continued that the Council received an application from Mr. Poppler
requesting the City to vacate an old drainage,#jq4,:utility :easement,and schedule a public hearing. The
vacation of this easement is a condition of aj?ttf &4he::i?o�pf e:.Homestead No. 2 addition which must
be completed prior to or concurrent with final plat apg+ioval. T(i:e::developer is proposing to replace the
vacated easement with a new dedication with the new' 'plat.
After a brief discussion, Mayor Egan closed the:pWlc heard)',:' Hunter moved, Awada seconded a
motion to continue consideration of vacating;i3clrcjirageia:l:iatifiijr easement vacation to a future Council
meeting concurrent with final plat approval''for the Poppl6r'fiomestead Addition #2 within the next 60
days. Aye: 5 Nay: 0
VA ,W
RECOMMENDATION, SQ3,ID WASTE ABATEMENT COMMISSION
CITY CODE AMEN DMENTI;�f �QN 6.37, RESIDENTIAL REFUSE AND
RECYCLING COLL C'"if]iN:AEWIREMENTS
After a brief introduction by Mayor Egan, Ackinistratox;Heiig# explained that the Council is being
asked to continue consideration of an amendment::af:C-j4 £i dis'5ection 6.37 pertaining to residential refuse
and recycling collection requirements and estaf�ls51?:;aca'p'on residential hauling licenses, to extend the
moratorium on issuance of new residential :13cen'ses to April 1 and to provide staff direction on the Council's
intent for the mechanism of introducing licenses to a targeted level.
Assistant to the Administrator Hohenstein explained that the City Council had received a
recommendation from the Solid Waste Abatement Commission concerning City Code and policy
modifications to begin limiting the number;:of:fefi".:ars4--rg4yel:iog:.trucks operating within residential
neighborhoods. The Commission recomm�".0ci ffi,-A::kc S: ktP.... uced only when a licensed hauler
purchased another licensed hauler. The Commission.also recomirwded that a third party could purchase
an existing licensed business contingent upoh issuancir::*qf a hauling license to the new owner similar to a
situation where liquor establishments are sold continue upon i lfance of a City license to the new owner.
The Commission would prefer that licenses be eliminsteii as exiitiig licensees are purchased by one
another. When the purchase of a firm results in one owner holding two licenses, one of them would be
voided. Also when a licensed firm is purchased in whole by an unlicensed firm the new owner could
apply for the license and it could be reissued by the City Council
Hohenstein continued that staff and the City Attorney's off ice;.h;ave been working on an amendment to
the City Code to establish a cap on the number of residential 'hai�l;ers operating on neighborhood streets as
directed by the City Council. Although the City Attorney's officerli'as been working with staff to develop an
ordinance amendment which accomplishes:t;j 'G tcssiktf::pec b);mendation, it presents certain challenges
in that licenses are non -transferable by defiiis`ttt}f?::aicl::tite►:ityissuance. Assistant Hohenstein
concluded that staff and the City Attorney's office is requesting. C,qunciI's direction regarding this item in
order to finalize a draft amendment for Council consideration.
Councilmember Awada opined that with the natural attrition of refuse haulers and the consolidation of
pick-up areas this issue may resolve itself. There may not be the need to limit licensing if the industry
continues to consolidate their efforts. Hohenstein explained that this ordinance was a way to give the
industry a nudge toward that kind of consolidation thus reducing the number of trucks on neighborhood
streets. There still will probably be as many haulers as there are licenses available, Hohenstein concluded.
EAGAN CITY COUNCIL MINUTES, FEBRU�1X.'Y-2V;:''1'9
PAGE 7
Councilmember Hunter complimented 4itten memo outlining the issues and
concurred with the Commission's recommendat?orks:.:f zt:ttw::or'd'inance amendment. Hunter suggested that
staff work with the City Attorney to craft an ordinance that meets the intent of the recommendations made
by the Solid Waste Abatement Commission. Councilmember Awada asked if such an ordinance could be
drafted. City Attorney Sheldon responded that they will continue working with staff to draft an ordinance to
capture the intent as identified by the Commission and Council.
After further brief discussion, Hunter mdved;-'LlVactier:sEcihi a motion to continue consideration of
City Code Section 6.37 pertaining to residential refusB::Siid recycling collection requirements and establish a
cap on residential hauling licenses; extend the moratorium on issuance of new residential licenses to May
1, 1996 and provided direction to staff on the Counoi#'S.intent ff ire mechanism for reducing licenses to a
targeted level. Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT, OPUS CORPORATION
FOR REVISIONS TO EAGAN PROMENADE MASTER PLANS
Mayor Egan introduced this item as a Preliminary Planned Development Amendment for Opus
Corporation (Eagan Promenade). Administrafn�::Me iges stated that the Advisory Planning Commission held
a public hearing on January 26 for the mastet:'plah::eiiiiibits.;as required in the Preliminary Planned
Development approval on December 5, 1995. The Ad1kNr4.tY-C-ammission recommended approval with
several conditions at their January 26 meeting. O"us indicated.. acceptance of the majority of the conditions
expressing concern for six items including, rear �evaticzr>`:#�isili#ii4g'materials, rooftop screening, pylon
signage, clock tower and signage monument. Aigc4::AK..:- aaif'signs. It was noted that the outstanding issues
were reviewed at the January 30, 1996 Spee W:':Ci€y'Council Workshop.
Community Development Director Reichert updated the Council and stated the action to be considered
is to approve the master plan dated 1/10/96 for the commercial component only, explaining that the
residential portion will be submitted later for Council review. It was noted that the land owner behind
the Byerly's store will not allow berming on their site, therefore, staff will work with Opus on the landscape
requirement that will be placed on the Proljij ia3:Y::e:liiC>ions of the monument signs were then
identified by Director Reichert. Reichert askt]'tlie'Coiintfl'fa'clafify their intent for the monument signs,
asking specifically if they planned for them to be a meximum of.:T: x 14' with a cornice top. The design of
the sign has changed which makes the sign 6' x 11' Wkb the coinite top architectural feature no longer part
of the design. Opus has indicated they wish to maint 7c1 the maximum flexibility in offering these signs to
their tenants. ""
Mayor Egan expressed some confusion stating he thought this issue was resolved and wanted to
understand if was an old issue being resurrected with a modification being requested or if this was, in fact,
a new issue for the Council to consider. Director Reichert clarified that because of the various types of
signs being proposed on the site, the size of the sign had not speOically been discussed by the Council
previously. Councilmember Hunter concurred that the size hack:pot been discussed by the Council and
does need to be addressed.
Relative to the size of the monument sign *tieing propdseii;' lvtagor Egan expressed concern for aesthetics
and safety. Director Reichert expressed staff's recommendation::tli4t the sign be 5 feet high with a 3'x 6'
face for lettering: Councilmember Awada opined that the faces# * Id be longer than 6 feet.
Councilmember Masin expressed the need to provide quality signage but was concerned that the monument
signs are too high and can impair vision from cars. She was not in favor of the height of the sign being
greater than the height of cars driving through the parking lot.
EAGAN CITY COUNCIL MINUTES, FEBRtJ.A:'LY'-2V,:-T996''""
PAGE 8
Michele Foster, Senior Director of Real Este;€ca�r- i' AMIfied two separate issues; the size of the
sign face and the size of the monument. The otig:iMi#I;iiviient sign was designed to be 7' x 14' and was
reduced to 7' x 11'. The size of the sign face was originally 4' x 12' and was brought down to 3' x 1 V as
a compromise. Opus is open to looking at the possibility of making some more compromises, however,
they feel that by bringing the height down much lower, there is a concern that the lettering will be covered
with snow during the winter, making the sign unreadable. Of the two issues the size of the sign face is
most important since this is where tenants name.
Councilmember Wachter opined that signs on tho.'dililding ftirld be sufficient. Ms. Foster clarified
that the tenants will have the option of either building or monument signs. Councilmember Masin
reiterated her concern that the height of the monumeflt:yvill resbi.O vision from a vehicle. The 6 foot height
will be well beyond the height of a windshield ;:-C-gj ncifmpm�iei' �wada suggested having the sign face 3 '
high and 11' in length with the sign heightlio-:itio're thaif-:*5:4 ei:':"Councilmember Hunter suggested that a
S' height would allow for the cornice top.
After further discussion, Hunter moved, Wachter seconded a motion to limit the size of the monument
signs not to exceed 6 feet in height, with a sign face 3 feet high and 10 feet wide, and to approve a
Preliminary Planned Development Amendment for Eagan Promenade based on the plans dated 1/10/96
subject to the conditions outlined in pages:A:4:#k�-Qqh 70 of the packet. Aye: 4 Nay: 1. Councilmember
Masin voted nay based on her disagreement:- iffi. i;;' of.the monument signage.
RESOLUTION AUTHORIZING:.. TAIVf`E OF MULTIFAMILY RENTAL HOUSING
REFUNDING REVENUE BONDS "WESCOTT TOWNHOMES APARTMENTS PROJECT
After Mayor Egan's introduction of this item, Administrator Hedges explained this was a request to
authorize issuance of Multifamily Rental Housing Refunding Revenue Bonds for Wescott Townhomes
Project, Series 1996 in the amount of $1,805,,000. The original bonds, issued in 1985, are scheduled to
mature in 2027 and since the maturitydate:ls:iiit:;tifMig;::fio:tl�blic hearing is required. It was noted
that the City has engaged Steve Rosholt of'Faegte''*&"'Bi risoi ,:a*s'fiond counsel at the expense of the applicant
to review all documents and there will be no expense}ncurred:by; the city. Administrator Hedges added
that there are three items the Council may consider adding as catditions, 1) Landscaping and irrigation on
the site to be brought up to current standards and 2) S2kt ing of i -waiver agreeing to pay the assessments as
levied for projecting number 664 which covers street reconstru66i 6 improvements on Wescott Square and
3) as the HRA had reminded the City, in other projects the City has collected 1/4 of 1% of the refunding
revenue bonds which are held in special accounts to cover costs incurred by staff with any residual funds
going into housing projects i.e., senior housing.
Brad Wirt, representing Miller & Schroeder Financial stated:WSW' this development meets FHA and HUD
requirements and is also AAA rated. This proposal will reduceX"".interest rate for the owners from 7-718%
to 5-3!49'0. Mr. john Houston representing;,lGda,.;k?r,,: tbe.C?,.ergl.partner, addressed the Council stating
the owners do not object to the waiver agrWfl : :0W -.t ? a$5�9. i dents as levied, however, they are hoping
that the condition to provide irrigation on tf*w'site''wir K6t'be'rcquired. With the request before the
Council, Houston continued that the owners will save approximately $36,000 through reduced interest rates
and again reiterated their desire not to provide irrigation on theiV*ite.
Councilmember Hunter expressed his agreement with providing irrigation on the site since the Council
would make that a requirement in any new development. The landscaping was also clarified by Director
Reichert by stating that projects are required to provide 3% of their total cost for landscaping.
EAGAN CITY COUNCIL MINUTES, FEBRUARX::2t� �fi
PAGE 9
Mayor Egan expressed his concern with ffi**:Asreednent.,reUSvie to the latitude it appears to provide to
the Mayor specifically as it relates to authorizaii4t :>oi; r'#&:changes to the maturity schedules, ability to
approve the final interest rate for the bonds, etc. tiie''Kilayor clarified that the City Council had the ability
to approve issues for the City rather than the Mayor and reiterated his concern for the way the document is
phrased. Administrator Hedges noted that the document can be reviewed by the City Attorney's office to
provide clarification for the Council.
A representative of Faegre & Benson exIiiii rGE di ix;F a hlii c in the agreement is based on what is
required by HUD and also noted that Faegre & Benso:bas revigired and approved the content of the
agreement. Mayor Egan reiterated his concern for how the agreeiftent is worded
After a brief discussion, Hunter moved, ..lrga.•si:irritid.a.toun to approve the resolution authorizing
issuance of Multifamily Rental Housing RefLirkiiipg::R1veri...... is for Wescott Townhomes Project, Series
1996 in the amount of $1,805,000 with the following conditions:
1. Landscaping and irrigation on the site shall be brought up to current standards
2. A waiver shall be signed agreeing to pay the assessments as levied for project number 664 which
covers street reconstruction improv*ts on Wescott Square.
3. The City of Eagan shall collect 1/4 of 1%0••o#'t -**':' �e£ii id -ng Revenue Bonds as it has done with other
project in similar situations within the Citi: '•
4. The language within the agreement shalt:f)6-:?49' iecJ'iiy the City Attorney's office and the bond
company for clarification.
Aye: 5 Nay: 0
PRELIMINARY SUBDIVISION, KINGSWOOD PONDS
REZONING OF 2.5 ACRES k'Qfi41Cilil3UAa::TO R-1 SINGLE FAMILY
Mayor Egan introduced this item and Administrator•:Hedges noted that a public hearing was held by the
Advisory Planning Commission on January 23, 1996 arid' approv;il::was recommended subject to the 24
conditions outlined.
Director Reichert explained that the proposed subdivision ineoiporated Kings Woods 3rd
Addition,which received Preliminary Subdivision approval in 1993 and 2.5 acres of unplatted property
currently zoned Agricultural. It was noted that the plan shows access on Wescott Road which will create a
loss of parking at the Fire Administration site. The Advisory Parks, Recreation and Natural Resources
Commission reviewed this development at their January 16, 199r6:-rieeting recommending that the
developer eliminate Lot 9, Block 1 because the impact to the w;§0 nd associated with this house placement
is avoidable. In order to meet the non -degradation standard for `run -off to Blackhawk Lake, the Commission
also recommended that the developer be rdgt isi I: �;i aiiGkQ %.; **et pond volume of Pond JP -5 to 5.6
acre feet and that the City construct a bypa�5-'outflows from Fish Lake directly to
the outlet of Pond JP -5. Reichert continued that the developer jg:*pposed to bypassing Pond JP -5 because
of the potential increase of pollutant concentration that would ocpr in this pond.
Director Reichert continued that the developer was also opposed to Conditions 15 and 16 which
require extension of sanitary sewer and water main services to be stubbed to the undeveloped property
north of the site and that the developer provide an improved public access to Kingswood Pond Road for the
existing homes north of the site.
EAGAN CITY COUNCIL MINUTES, FEBRIfkfit'f:2f5;
PAGE 10
Rollie Crawford, representing Horne DevWl .erd staled:;; W"ihe development of this site has been
difficult due to the topography, access and ease iei2ty l ii....h1 j►� are very proud of the results to date. Mr.
Crawford reviewed the issues he felt were germane fb:&s development. Access and utility to the north
provide some concerns because the precise location is not currently known nor is it known whether the
current land owners are interested in using this access. The preliminary plat does not show a dedicated
right of way on the north central portion of the site but that issue can still be addressed, however, the
developer may not want to seethe entire 50:400t:54ttw.Oedicated:4ti right-of-way. Condition #19 which
requires the widening of the road to 60', pisslaus. #te:west side closer to the pond and
requires more tree removal. The Advisory Planning nhmmissioq *d suggested that setback variances be
obtained for these lots.
The most critical issue, Mr. Crawford conficwe0:4&ates,.tq:fE :-Water flows from Fish Lake to Pond JP -5
and then on to Blackhawk lake. The develiq%* 'Aii is vei' ;:; i?Ogly about not degrading the quality of JP -S
from it's current level and that if the pond is by-passed, the resulting condition will negatively impact the
entire site significantly. The developer is willing to raise the wet pond volume of JP -5 by 5.6 acre feet by
raising the normal water level by one (1) foot and by excavating the remainder. Mr. Crawford opined that
this option provides a win/win option whereas the by-pass creates significant degradation of the pond. Mr.
Crawford commented that the homes planned for this development will be even more upscale than those in
the other Kingswood Additions.
Councilmember Wachter asked how many tree's'iivi�titfP:l;ie;impacted by raising the pond by one foot.
Mr. Crawford opined that approximately 9 trees yoyll be losf:ut •commented that the Hornes have planted
approximately 20,000 trees on the site over the years....•.:.;:;:;::
Mayor Egan asked if this by-pass issue l*0:.-_bei 8:- ddressed during the Kingswood 3rd Addition. He
retailed that the Council had decided there:would not be a by-pass through this development. Water
Resources Coordinator Brasch explained that the Natural Resources Sub -committee has reviewed this item
on several occasions and has recommended that the by-pass be pursued because of the high classification
of Blackhawk Lake. The Advisory Parks, Recreation and Natural Resources Commission has worked hard
to preserve the integrity of the Water Quality Management Plan and felt that maintaining the integrity of
Blachawk Lake was an important issue.
Mayor Egan commented that this is a subdivision *f;fiigh value -homes and was concerned that they
would surround a pond that may be degraded signific fitly with * py-pass. Councilmember Wachter
agreed that he was not in favor of degrading Pond JPS :Counci m'"iMber Hunter also agreed that JP -5
should not be degraded if the impact to Blackhawk I_At' will not::j a significant additional degradation.
Councilmember Masin asked if there were any other options because she did not want to see Blackhawk
Lake compromised especially since it has the highest water quality classification within the City.
Councilmember Awada stated she would prefer not to see Pond JP -5 degraded either. Councilmember
Hunter opined that if the homes were already built, the City would not take the position of by-passing the
pond to improve Blackhawk Lake, so he was uncomfortable cre:atltjg that situation before homes are built.
After further discussion, Wachter moved,, Awa04 seconded a motion to approve a Rezoning of 2.5 acres
from Agricultural to R-1 (Single Family). A�+t;:;::;:tY:;
Wachter moved, Awada seconded a motion to approve a Preficninary Subdivision consisting of 49
single family lots on 30.07 acres subject to the 24 conditions Ifstd in the January 23, 1996 Advisory
Planning Commission minutes with the following conditions:
The developer shall comply with the standard conditions of plat approval as adopted by Council on
February 3, 1993:
Al, B1, B2, 63, B4, C1, C2, C3, D1, F1, G1 and H1
EAGAN CITY COUNCIL MINUTES,
PAGE 11
FEBRUQ iF:*20:-1:99&
2. The property shall be platted.
3. The developer shall provide a planting pla4`Kai'ilfustrates the proposed screening from the
interstate.
4. The developer shall be responsible for preparing and recording with the plat, appropriate
documents establishing a homeowner!fi ;b;SsorA4tjor.?:::The:documents shall be submitted and
approved by the City Attorney's offieg:�tiif:leve ei::sl it#.meet with any interested person for the
homeowners association prior to Final Subdiy*.lWn apprdi? . Transfers of common areas to the
homeowner's association shall be recorded with the
5. Outlot A, the area between the
the homeowners' association or
-sac and 1-35E shall be maintained by
lots with the Final Plat submission.
6. A 30 -foot buffer strip, as shown in the grading plan, shall be provided around the edge of Pond JP -
5 to protect the existing trees and vegetation with the exception of installing storm pipe and
excavation necessary to raise the wet pond volume.
7. The developer shall not grade closer iban.25 feet from the 1-35E right-of-way line with the
exception of providing screening.
B. Impacts to the wetland associated with &cement 1if'}iousing pads are avoidable, and Lot 9 on the
grading plan dated 11/27/95 should be remov�¢;aric;:l:cs: incorporate the property encumbrancing
Lot 9.
9. Filling associated with the use of Lat''8 for a building site should be reduced to the de minimis
provision allowed under the Wetland Conservation Act (WCA) which is currently 400 square feet
per year up to a total of 5% of the area of the wetland.
10. The City should require review of the building and grading plan for this individual lot prior to
issuance of a building permit for tR'd:Yof:w-:isssri ne::ce ipl:iacpce with the de minimis provision in
effect at the time of building permit''applicativii:-:*:7his:fetfiiirement should be noted on the plat map
for the subdivision.
11. All storm water runoff generated from the site::shall be cQiiVeyed to Pond JP -5.
12. Modifications to Pond JP -5 will require MnDOT approval.* grading over or connection to the 60"
storm sewer line in the northwest corner of the site or the 54" storm sewer line in the southwest
corner of the site will also require MnDOT approval.
13. A skimmer shall be constructed on the outlet to Pond
14. The developer is required to raise the wet, pgnd volume of JP -5 by 5.6 acre feet. This shall be
accomplished by raising the normaf::yi%c3esf};liMef7foot and by excavating the remainder
according to a plan approved bythe' s'-WWt;i,:R2 i&ire=es Coordinator.
15. Sanitary sewer and water main services shall be stubbdi ::pp the north.
16. The Preliminary Subdivision shall be revised to provide sufficient right-of-way along the northern
strip of land adjacent to the Bruestle Addition.
17. The cul-de-sac length shall be approved as shown on the Preliminary Plat.
EAGAN CITY COUNCIL MINUTES, FEBRlix4fi` 3�0'i996"""
PAGE 12
18. All private streets shall be constructijf with concrete gt , b:;ind gutter.
19. Kingswood Ponds Road shall be constru'd"i tji ::JK} rifiium of 32 feet face-to-face from Lot 7, Block
1 to the main entrance to the development at'Filot Knob Road and Wescott Road. 60 -feet of public
right-of-way width shall be dedicated over this portion of roadway.
20. The developer shall dedicate appropriate right-of-way/easement as determined by Dakota County.
21. No work shall commence in the Cociitig-4jA4y'.1 ii€4:*Si permit is obtained from the County
Highway Department and no permit will be iisited until:,ft' plat has been filed.
22. The developer shall petition the City to up& the P4i khob Road/Wescott Road intersection as a
City public improvement project.
23. The developer shall install tree protective measures (e.g. 4 foot polyethylene laminate safety netting)
at the drip line or at the perimeter of the Critical Root Zone, whichever is greater, o significant
trees/woodlands to be preserved.
24. The developer shall provide a cash. parks dedication and cash trails on that portion of the property
not having previously fulfilled parks:;:ih:tfails dedication.
Aye: 4 Nay: 1 (Masin)
COMPREHENSIVE GUIDE PLANE:AMENF,lh*kW.-j::KOTTLUND COMPANY
After a brief introduction by Mayor Egarr; . -,di irtistrator Hedges explained that Rottlund Homes is
requesting approval of a Comprehensive Laliid'Use Guide Plan Amendment from D -II, Mixed Residential to
Roadside Business for approximately eight acres of property located at the northeast intersection of Interstate
35E and County Road 30 in the SE 1/4 of Section 20 and the SW 1/4 of Section 21. Administrator Hedges
added that this request appeared before the Advisory Planning Commission on January 23 and was denied.
Community Development Director Rei' —*xp a i�e'c�:Sk4;t;:purpose of the Comprehensive Guide
Plan Amendment is to ultimately rezone th'e'prvpertq'to RB ai'pi;jvide two fast food restaurants, sit down
restaurant, convenience gas and a hotel/motel in assoCWon witl%:fliture applications for a rezoning to allow
a mixed residential planned development with a small:commercjat area and a subdivision that will
encompass a total of approximately 125 acres. It wa ti6d thaf 4 portion of the site was zoned from
Agricultural to C-2 in 1968 as part of a rezoning of 60'acres frois6:Agricultural to a mix of R-6„ Residential
Multiple and C-2, however this area had been designated R -II, Mixed Residential as shown on the City's
Land Use Map dated 1975.
The Advisory Planning Commission recommended denial of this Comprehensive Guide Plan
Amendment, Reichert continued, because they felt 1) it would ;�"c'flict with the Commercial Land Use
Study working policies, 2) it would be premature at this time bei: 9se the present Comprehensive Guide
Plan designation is appropriate in light of how.tbj;..generpl,arel,ip.developing and 3) the proposed use on
this site is too intense for existing and futufd*..A "I uses.
Todd Stutz, President of Rottland Company explained that titejt: had started this process in April of 1995
focusing on the Comprehensive Guide Plan Amendment only. '#?fans will continue for this development
pending the input by the City Council relative to this issue. Mr: 5tutz explained that they feel this change
would be compatible with the area given the property to the south is guided for Roadside Business. They
also feel that the planned residential use for the remainder of the site can be buffered somewhat from the
freeway ramps by providing commercial use at this corner. It was noted that there are currently 2.3 acres
zoned for Roadside Business and they are requesting that a total of 8 acres be designated under that zoning.
EAGAN CITY COUNCIL MINUTES, FEBRIJ1�3g8''''''
PAGE 13
The developer also opined that the environm&iieNMoact vgcik4:be minimal at this location and that it
would not be appropriate to plan for residential.iday #gp si;'ie to Diff ley Road and 35E. Mr. Stutz then
asked how they could best develop 2.3 acres already'toiied for residential business without adding acreage
to that designation.
John Bannigan, attorney for the applicant, reiterated that the applicant feels that the development
proposed fits well for this property. The secitice=si-a#inc(;:hc glimiftl, fast food and sit down restaurants will
compliment the development in this area oi:2fi¢:',n%'ty ;:: Res'W 8 :fib some of the Advisory Planning
Commission's concerns, Bannigan stated that the ArriWment is:
sid� premature. Diffley Road is fully
developed and ready to accept such use at this location. In response to the Commission's concern for
intensity of development, Bannigan responded that thir:.uses prapi'sed for this site are consistent with the
utilities proposed.
Sandy Unger, 4542 South Mallard stated that she agreed with the findings of the APC. She opined that
just because there is an on-ramp at this site doesn't mean the use needs to be so intense. Unger also stated
that the market may very well be saturated in this area given the fact that Blackhawk Plaza just west of this
site, has not been fully occupied since the center was built.
Ben Orn, 41543 Starbridge rejected t411 i�ument that housing cannot succeed close to a freeway. He
d
used the residential development at 35E ari' sst rty:.€bAd 11 as an example of a very successful residential
development abutting both major roads. Mr. Orn'also-:isjpp$etl::the construction of a hotel/motel and
opined that the city does not need any more sinci:an addition has: recently been added to the Holiday
Express on Cliff and 35E.
Beatta Blomquist,Eagan resident, expressi;; .:hpF:cbncern for the lack of detail that has been provided for
this proposal at this point. She opined that'tonsiderable detail should be provided when an applicant is
requesting a Comprehensive Guide Plan Amendment.
Councilmember Masin asked why there was such a small portion of property zoned Roadside Business.
Director Reichert responded that the 2.33 acres was a result of the zoning that existed prior to 35E going
through this area. Mayor Egan continued i#'% *-%" tti%.I.- h -*,f:: d bank was proposed on the site where
Blackhawk Plaza (now known as Diffley C-erit :�is'ci.r:', itiy: ocated. The 2.33 acres are the result of a
larger area zoned Roadside Business that was divided:.w�th the apr+struction of 35E. Director Reichert
added that is was anticipated that the 2.33 acres of Ido Oside BGSN?ess zoning would change to whatever
zoning was designated for the remainder of the prop�i;fji:on the.eakt side of 35E.
Mayor Egan asked what development rights are provided for t}ie total 8 acres being requested for
rezoning in relationship to the 2.33 acres already zoned. City Attorney Sheldon responded that the 2.33
acres does not bootstrap any of the 8 acres into the Roadside Business designation.
Councilmember Hunter commented that the Advisory PlanrTo%-Commission did a good job in
reviewing this issue prior to denying it. He reiterated the city's:.Mention to centralize the commercial
zones within the city and complimented staff ,�nd.thV.APC fcgr their thorough review and presentation of the
issues. Hunter stated that although Mr. Orli::*al*<si`t:;kKj*e;::Ib m.:aoinitely is a need for another hotel/motel
in the city, however he agreed that this was'trot'�h*4'Wc-:it�b;ft'ftir'-'tme.
Mayor Egan concurred with Councilmember Hunter's comrt Ats adding that the Advisory Planning
Commission had come up with an objective, reasonable conclusion for denying the request.
After further brief discussion, Hunter moved, Masin seconded a motion to direct the City Attorney to
prepare Findings of Fact for denial of the Comprehensive Guide Plan Amendment for Rottland Company.
Aye: 5 Nay: 0
EAGAN CITY COUNCIL MINUTES, FEBRUARY..2Q�::t•
PAGE 14
X.
PRELIMINARY PLANNED DEV*14DPMENT AND JPRIMINARY SUBDIVISION
UNITED`:%jXTES POSTALik'tVICE
Following a brief introduction by Mayor Egan"aiid'iiiitiiitlistrator Hedges, Community Development
Director Reichert explained that the applicant is requesting a Preliminary Planned Development and
Preliminary Subdivision to construct a postal service information operation east of T.H. 149 between
Northwest Parkway and Lone Oak Parkway in the Waters Business Park. It is expected that this facility will
employ approximately 750 people with expansion plans up to 900 people by the year 2005. Director
Reichert concluded that the only issue that *R>0Fg to- iijk..VVesqud at this time is water quality. The
developer has provided on-site ponding for water quit 'purpo9oizfln the preliminary plans and contends
that all storm water management obligations, includiiig-those for-aikater quality treatment, have been met
through the granting of drainage and utility easements:gn wetlapd�..within this Planned Development, but
outside this particular subdivision. Although the ealggirents apRdi#h'to have satisfied some flood
management issues, staff believes they have'A4f:;iiiid::wei:it:Iioi`:!iii�ended to satisfy water quality concerns.
Doug Pierce, C.M. Architecture, representing the applicant, stated they are still exploring the water
quality issue.
After a brief discussion, Hunter moved, Awada seconded a motion to approve a Preliminary Planned
Development to allow a 400,000 sq. ft. information and accounting services office building on 27.7 acres
located within the LaukkaBeck Planned D�veldp nt.5ubject to the following conditions:
1. The City approves a 350,000 SF, 80' tall•;bluilclirig-'ikt :tM' future Lot 1, Block 1, US Postal Service
Information Addition.
2. The City approves the preliminary site:${aiflfjg;=utIli ty, and landscape plans dated January 5, 1996,
3. The City approves 1,297 - 9' wide parking stalls, 489 in a designated proof of parking area. The
USPS shall enter into a Proof of Parking Agreement.
4. Exterior building materials shall be brick, glass, stone or stucco accent material used on the Waters
office/showroom buildings located .�otttkt,ot.Xtie.subjest..;i;e:
5. The City and the USPS shall enter into a Final. Planned Development Agreement. The following
exhibits are necessary for this Agreement:
Final Site Plan, Final Building Elevation Rel; m, Final; cgr� Plan, Final Landscape Plan, Final
Lighting Plan.
Upon submission of these final plans, provided they are in conformance with he Preliminary
Planned Development the Final PD may proceed o the City Council for approval.
6. All trash/recycling containers shall be stored within theiclylding or in an enclosure attached to the
principal building and constructed with a brick exterior to -;match the principal building.
7. All rooftop mechanical equipment 9wi:sci'4MeciirQriiyiew.
8. All signage .shall comply with the City Code standards.::.:.X.
9. All building, parking/drive aisle, and landscaped areas shall be properly maintained.
10. All landscaped and green areas shall be served by an underground irrigation system.
Aye: 5 Nay: 0
EAGAN CITY COUNCIL MINUTES, FEBRIIARX:24; 396:
PAGE 15
Awada moved, Hunter seconded a motion to approve a Prefiirilnary Subdivision consisting of one lot on
27.7 acres currently platted as Outlots C aHO::0, Lone Oak AdOl#inn, subject to the following conditions:
1. The developer shall comply with these*:bit". xi l icons of plat approval as adopted by Council
on February 3, 1993:
Al, 61, B2, B3, B4, C1, C2, C4, D1, E1, F1, G1 and H1.
2. The developer shall plat the property..
3. The USPS shall be responsible for tfie con'stiie>stori'of ttig:fiiedian openings within Lone Oak
Parkway and Northwest Parkway to accommuifate the Oi600sed traffic turning movements.
4. The USPS shall remove the existing public.. acce�$* itid left turn lane to the site at Lone Oak
Parkway and Lone Oak Drive.
5. The USPS will be responsible for the vacation of the existing drainage and utility easement between
existing Outlots C and D prior to Final Subdivision approval.
6. The USPS will be responsible for the costs related to the traffic signal system at Lone Oak Parkway
and TH-1249.
7. The traffic signal system at Lone Oak pari'ki . y: TH-149 shall be operational prior to USPS
occupancy of the building.
8. The USPS shall install tree protective meBSu{tn: js. ::.d loot -polyethylene laminate safety netting) at
the drip line or at the perimeter of;4f Root Zone, whichever is greater, of significant
trees/woodlands to be preserved.
The USPS shall contact the City Forestry Division at least five days prior to the issuance of the
grading permit to ensure compliance with the approved Tree Preservation Plan.
Aye: 5 Nay: 0
Administrator Hedges noted that there will be a puNic hear;Ng regarding Carriage Hills on March 25.
A separate meeting was scheduled for this item due tp;:Ale amo6ii:of interest generated by the public and
the input received to date. Hedges also referenced a recent artifli in the Star Tribune relative to fiscal
disparities. Councilmember Awada opined that the public should be made aware of how this process
works and suggested that it be communicated to Eagan residents through an insert in the utility bills or
through the newsletter. Administrator Hedges responded that the May newsletter may be the appropriate
vehicle to provide information and calculations of impact to EaAAn residents.
Councimember Masin stated that she had attended the Healthy Communities meeting this past
Wednesday. She also noted that in the Macc*4:-*diV,gn:of:; • s tyr g magazine, it listed Coca Cola as the
most admired company, Masin opined that .*..:'i it r#cott� ?e:; i cil congratulating Coca Cola would be
appropriate. As a final point, Councilmember Masin suggested that the Council follow up with holders of
pull -tab permits to determine where the profits are going.
Councilmember Wachter moved, Mayor Egan seconded a motion to pay all bills as submitted. Aye: 5
Nay: 0
EAGAN CITY COUNCIL MINUTES, FEBRUX;.�l�;:'946:
PAGE 16
XD1OURNMENT .
Wachter moved, Egan seconded a motion The meeting was adjourned at
10:00 to an executive session.
CLM
Date :.:pity Cleric
U you need these minutes in an alternate form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830
Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (FDD phone: (612) 4544535)
The City of Eagan is committed to the policy that all persons have equal access to its programs services, activities, facilities and
employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to
public assistance.
MINUTES OF THE
n, Minnesota
ch 21, 1996..-
A special meeting of the Eagan *City:.CotiriGl was held on Thursday, March 21, 1996, at
5:00 p.m, at the Eagan Municipal Center. Present were City Councilmembers Awada, Hunter, Masin and
Wachter. (Mayor Egan arrived at 5:30 p.m.) Also present were City Administrator Tom Hedges, Director
of Parks and Recreation Ken Vraa, City Attorney Jim Sheldon, and Assistant to the City Administrator Holly
Duffy. Also present were members of the•:La .AgquisitignMeLvelopment Subcommittee of the Advisory
Parks, Recreation and Natural Resources C�iddfs Ivn:pi d:ISik .04 Mrs. Anthony Caponi and their attomey,
Dick Schieffer.
Acting Mayor Hunter callecft#e cjseiirig:ti:oer: City Administrator Hedges gave a brief
introduction regarding the fact that, at the request of the Cify:Council, Anthony and Cheryl Capon!, with the
aid of Mr. Schieffer, had prepared a proposal regarding the Caponi Art Park, City Administrator Hedges then
introduced Director of Parks and Recreation Vraa as the staff member who has been working with the
Caponis for the past ten years. He stated that Director of Parks and Recreation Vraa would give a brief
history of the project, then the Caponis would present their proposal. He informed the audience that the
City had received over 100 form letters regarding the Caponi Art Park, some of the letters with written
additional comments.
Acting Mayor Hunter noted that:he had skippeif.past the Visitors to Be Heard agenda item
and informed the audience the Council would tak�:ten muw#o#tear any comments from members of the
audience.
Reed Grimwood said that -i -Fre thought that the City should buy the Caponi property as
proposed in the Caponi proposal. He said that the City had spent a lot of money on athletic fields and he
felt that they should even out the park system and spend money on the art park.
Director of Parks and Recreation Vraa stated that a chronology of the history of the City's
relationship with the Capon! Art Park had::ljean::prep.'ftd:::t'la::said only the major points had been listed
and he was sure that there were other paints': tfiia# diiciict:W0::i*0n listed. He stated that he had known
Tony Caponi since he first started working with the pity.. The major points regarding the Caponi Art Park
chronology that he reviewed included the following. lh.'.1986, tf* Mayor Blomquist expressed interest in
the development of the cultural gardens and sought vjrs to help:Anthony Caponi organize the concept of
a foundation. In October of 1986, the Advisory Parks and Re$ation received a "planning memo" and
"need to address the future," which raised the question as to '& creation of a cultural arts center.
On February 13 of 1987, Mr. Caponi presented his "proposal for sculpture gardens" which
presented the project as a joint venture with the City and asked the Council to create a foundation to work
out procedures for implementation. On February 24, 1987, tha.:City took action to hire S & B Properties
to provide research on other art parks, the viability of the CapoRii4rt Park, and the likely success regarding
a local non-profit organization to raise funds/administer the cultural gardens. In 1987, as a part of their
research, S & B Properties obtained appr :*:....i .: ppf�t`:;irgperty. Mr. Caponi did not agree with the
appraisals. In March of 1988, S & B Propenes-tdii pEst : fidiYreport and provided 12 recommendations
to the Council regarding the project.
On May 10, 1988, then Mayor Ellison and Gtitq Councilmember Wachter met with Mr.
Caponi to tell him that there was no City funding available but they encouraged him to take the lead in his
Special City Council Minutes
March 21, 1996/Page 2
project and to seek funding from other ageitC%s. Mr. Caponi,:nested a staff liaison to work with him.
On June 28, 1988, Mayor Ellison provided a:siappgrt letter fot':t�e sculpture garden. Mayor Ellison, City
Administrator Hedges and the Dakota County'P 1ES. .00 * .:rivet to discuss the possibility of the Caponi
property being included as a regional park. On May'' :#k9, the Director of Parks and Recreation wrote
a letter to Mr. Capon! indicating that there was no funding available from either Dakota County or the Met
Council for the project.
In April of 1990, Mr. Caponi..gs,4ad.ths City to evaluate the possible acquisition of 40 acres
south of Diffley as a part of the project. OniSila: ,::1?{:t►1t�tpr;an, City Councilmember Wachter, City
Administrator Hedges and Director of Parks and Recr�iion Vram-*. et at Mr. Caponi's request at his home
to explore ways for the City to help bring about then#park. Wff was directed to prepare a report for
Council consideration which was basically a vision statement far:the project. On October 10, 1990, the
Council reviewed the report prepared by staff. whWh.:'�ought.;dfi'i lon on various issues relative to the
support by the City for the art park. Staff titi:tliicfed'1Q;�CaFe a draft resolution which supported Mr.
Caponi's effort to create an art park, to work with Mr. Caponi-'to help create a foundation, and to do design
work to illustrate the art park. On November 8, 1990, the City approved a resolution supporting the creation
of the sculpture garden and studio. During 1990 and 1991, the City staff unsuccessfully contacted major
businesses in Eagan to solicit members for the board of directors for the Caponi foundation. Staff also
provided Mr.Caponi with possible actions he should take. In late 1991, the City Council established a
Council "liaison committee" to work with ft.:raponis. In June of 1992, the liaison committee consisting
of Councilmembers McCrea and Awada arYd:tticerxjher:s�_Qf the City staff met on the Caponi site to review the
issues of constructing a tunnel between the nor't' '"si:id:sduf h;parcels. Mr. Caponi discussed with staff the
idea of rezoning to a type of land designation indicating its i�s'e,as an art park. On September 1, 1992, the
City Council approved a comp guide amendment the,CePa i� pr operty from D-1 (single family) to park.
They also rezoned the Caponi property from agpark zoning. The City and the Caponis
subsequently jointly funded the tunnel whim.w".}5:;cc r5tt66ted under Diffley Road during its reconstruction.
The reconstruction of Diffley Road interrup#ed..fhe' project for a time. The liaison committee did continue
to meet. Then in 1995, the City was informed that it could not contribute public funds to establish a
foundation for the Capon! Art Park. The Council then directed that the liaison committee study the
possibility of including the Caponi Property in a parks bond referendum which was intended to be held
during 1996.
Acting Mayor Hunter then tiiMed1K6:r4�Q66*0'r:to Dick Schieffer who introduced himself
as an attorney who had worked with the Caponis during.the tunael;construction period of time and who now
had helped the Caponis prepare the proposal which ho— een pr4inted to the City Council. He asked how
the property fit into the City's park system. Director df:?srks anp:#Recreation Vraa replied that immediately
north of the Caponi property was the Patrick Eagan Park of ap¢ifrfximatety 125 acres, including 20 acres
which had been purchased from the Caponis. This park is eventually intended to be used as a "nature
center." He stated that south of Diffley and east of the Caponi property was an athletic field complex which
had just recently been constructed.
Mr. Schieffer then said that he had been ca lied.itr.several months ago to help the Caponis.
It seemed to him that there were many meetings and discuss*Z but the actual establishment of the art
park did not seem to be happening. He saw the need to put s®iriething concrete on the table for the City
Council to consider. He stated that both tf i .... t C ii ;$f d spent an awful lot of time trying to find
outside sources of revenue and were unsuCeess#t�l We sated #Mat if the art park is to happen, the City and
the Caponis will both need to put money into the project. The..Caponis are willing to do this.
Mr. Schieffer stated that the physical developmrent of the park is a matter for decision
making in the future. The development will take a lot of time and money. He thinks of it as occurring in
Special City Council Minutes
March 21, 1996/Page 3
three stages. First would be a decision to..purchase the land.:.rhe City would need to decide where it
would get the money to purchase some par06d in the area, tl� gaigh a bond referendum or other sources.
If the City does agree to purchase the land, tiiid2taa:wo>r�t;E'agreed to and laid out at that time. The
third stage would be an ongoing cooperative afire i itt # twean the Capon! Corporation and the City to
develop and operate the park. He assumed that different needs would occur as time went by. (Mayor Egan
arrived at the meeting at this time.) Mr. Schieffer stated that a parking lot needed to be constructed which
would be accessible to the underpass. He said that the proposal would be that the Caponis and the City
would each put in half of the funding for the parking lot.
With that introduction, Mr:'t3i;hleffea::ieq>aiverft hrough the proposal. Generally, the
conditions were, first, that the Caponis were offerind. '.sell 40 hitras south of Diffley Road to the City for
$1.8 million which is equivalent to $45,000 per acre. M{. Schieffer,indicated he had worked with a two year
old appraisal and added a little over 10%, arbitrarily.'V Update #tW cost. If the City wants to purchase the
land, then the City will need to decide how.a to.:nan:if:'and a draft purchase agreement will be
prepared. Regarding operating the park and*:tise�'of the WAO; O:;d6operative agreement would be prepared,
much like a joint powers agreement. Mr. Schieffer indicated that the City would then own all of the land
south of Diffley Road and would exercise all rights of ownership except that the City must use it for park
land purchases which are compatible with the artistic plan of development of Mr. Capon! for the Caponi Art
Park. The 20 acres north of Diffley would also be restricted to art park purposes by the corporation. Mr.
Schieffer said that when the City purchased the 40 acres south of Diffley, the Caponis would then
immediately transfer ten acres north of Difflgy-:W..t4e.corporation. Then, within ten years, the transfer of the
other ten acres to the corporation would be' 6i+iii•keowever, the Caponis and their descendants
would have the right to live there for a period af.fime':whiCta:-would be determined. The Caponis would
donate money for half of the cost of constructis. the parking.. oV into an improvement fund so that the
money could not be used for other purposes.
City Councilmember Awadsr iask�'who would own the parking lot. Mr. Schieffer replied
that the City would own the parking lot, buf.some sort of easement would have to be given to the park so
that people could use it. Mayor Egan asked City Attorney Sheldon if the City could enter into such an
agreement. City Attorney Sheldon replied that, as he understood the proposal, the City would acquire the
south 40 acres and then enter into an agreement regarding operations. Mayor Egan asked if there could
be restrictions. City Attorney Sheldon replied: in.tho of .rmatiye but said that they would need to know the
exact provisions before he could determirtg have the authority to approve them.
Mr. Schieffer said that his concept wii�;that the:0.ty would own the 40 acres, would spend
public funds on that 40 acres and not on the north 20:S:res. However, the corporation and the City would
reach agreements regarding who pays for what. Tlt�:4rtistic pttgrams would be the responsibility of the
corporation to develop and to pay for. This would not be the"::Wsponsibility of the City unless the City
decides it wants a program. Then the City must bring the proposal to the corporation and agree on a cost
which would be charged by the corporation to the City. The City could use the 40 acres for its programs
as long as the programs were not inappropriate for the concept of the art park. Ten acres on the north side
of Diffley would be transferred immediately to the corporation and a decision made within ten years
regarding the transfer of the remaining ten acres. However, aIk6A acres would be immediately available
for art park purposes. The land is zoned for parks so it can't f "sed for anything else.
City Councilmember Huntiir'.:'"stied: +kiiii I"""*l*"" ".was zoned for park purposes. Director
of Parks and Recreation Vraa told him that was done in 1'992.
Mayor Egan then called upon City Councilmemj;Wachter to make the presentation which
he had requested to make after the proposal was discussed. City Councilmember Wachter told Mr. Caponi
Special City Council Minutes
March 21, 1996/Page 4
they had first met when Mr. Caponi asked fo:i?i.fence to be consttocted between the park land to the north
of the Caponi property and the Caponi propel f *:.:Re, remer bd*d-that it cost $10,000. He stated that the
City has spent money through the years on the r it; iii ... ti Mr. Caponi that the City had never said
that it did not want an art park but the City was 14 c iii�ce'&a about the financing. He said that, in 1987,
the land and buildings were appraised and that Mr. Caponi did not agree with the dollar amount of the
proposals. He said that the City had always told Mr. Caponi that it did not have money in the budget for
the art park but that it would help with staff time in the establishment of a foundation. He said that the City
has always worked with Mr. Caponi to encouta .thpJoundatian :and solicitation of funds. He said that in
the early 90's, staff tried to get board memFsthat the people who were contacted
were not interested and the City had again encoura&id Mr. Caoodi to obtain financing. He said that the
City had never promised City funds to the project arid:that is where he stood today. He repeated that he
was not against the art park. He mentioned that he Mack taken a Onofficial poll of people in the community
and that almost everybody said they would .likeAp, s:i6.art pill .:established but they did not want to pay
for it through their tax dollars. City Councilriiitiber:>f1TacF�tf #oCd:;rlr. Caponi that he understood that he had
lost his green acre status and that the City was currently itNtstigating green acre status as a whole in the
City. However, he stated that the County had removed the green acre status and not the City. He said
he represented the people of Eagan and he did not want to see the kind of money that was being asked
put on the taxpayers; however, he did wish to support Mr. Caponi in his vision. He stated he did not see
the art park as City owned property; it's larger than that. It should be regional and he thought the Met
Council should contribute because the park Wpuld not only be for Eagan residents. He told Mr. Capon! that
he will still continue to support the art park: ti..i; ti�do,esn't think the taxpayers should pay for it.
Mayor Egan thanked City Couftilmembor" Wachier and asked for input from the other
Councilmembers.
City Councilmember Masi p:.�gateci:7that she had a number of questions. Her first question
was whether the property would actually be:d'o'nated or just the use of the property would be allowed. Mr.
Schleffer replied that the property would actually be donated and controlled through the board of the
corporation. City Councilmember Awada asked who controls the board. Mr. Schieffer said the Caponis
did but if the City entered in, it would have a say on the non-profit board. City Councilmember Masin then
asked if the property were to be fenced, who would pay for the fence. Mr. Schieffer replied the corporation
would pay for a fence on the north side:::af:tho:.propi rt3r;.::;:Rggarding the property south of Diffley, an
agreement would have to be reached beNki4h:tM:C'4:y 00.iis ax rd that a fence was necessary and also
on how it was to be financed. Mayor Egan said that:could be inQorporated into a joint powers agreement.
Mr. Schieffer agreed. He said that whenever one paq:wanted taro something new it would be negotiable.
City Councilmember Masin's third question regardechh'i6o wouid:p ay for the buildings on the land south of
Diffley. Mr. Schieffer said that would be a decision4h%ide betyiaen the City and the board. They would
decide when the buildings would be constructed and how they'would be paid for. City Councilmember
Masin then asked who would pay for maintenance and for utilities to service the buildings. Mr. Schieffer
said that the City would pay for the utilities. City Councilmember Awada asked why, if all the programs are
run through the non-profit corporation and they receive the revenues from the programs, they should get
the utilities for free. Mr. Schieffer admitted he had not thought about that. He thought providing the
programming would be a substantial contribution. City Councilrtij>stnber Awada asked if all these items were
negotiable before the City carne to any agreement about purchasing the land. Mr. Schieffer-said they could
be, but a lot of work would be needed if Ittii@ttlelS:i? ftefirendum in August. City Councilmember
Masin then asked who would have the res':.."islk�l#iyrt tts sbi 6. le -the use for the land on the south side of
Diffley. Mr. Schieffer replied that the non-profit corporation wo44:schedule the land to the north of Diffley.
They would also schedule programming on the south. They w6w:presenting the programs, but both parties
would have to agree because it is public property. City Councilri4mber Masin's last question regarded who
would have the liability for accidents occurring on the land and in the buildings. Mr. Schieffer replied that
Special City Council Minutes
March 21, 1996/Page 5
question would be difficult to answer. Probift*:both entities w%jiMbe sued. If a person were injured during
programming, probably the art park would:.*.jye::te$ponsible:::::3#::e person were injured because of City
maintenance, the City would probably be resePend upon who had the responsibility for
whatever caused the injury. ....
Mayor Egan said that the proposed purchase price did not include any improvements and
asked Director of Parks and Recreation Vraa If he had any idea what those would be. Director of Parks
and Recreation Vraa said that it would be iTpclose to estimating those at this time.
City Councilmember Hunter remarkeid:tfia# O wa5;:*itrteresting that his history in serving the
City of Eagan involved the same time span as the proo&sal for aWart park. He stated that the value of the
land was key to making a decision. He asked who ha¢:perforrniq# re appraisal and how the inflation figure
was decided upon. Mr. Schieffer said that .Qjck .PAii.NAto. did.thii*ki':6riginal appraisal. City Councilmember
Hunter said that he had staff investigate the..... t:*f taw'>a . ij:0 0, that we were talking about raw land when
talking about the Caponi property. He said that the costi'varied, $30 thousand, $33 thousand, $31.5
thousand, $36 thousand, $28 thousand per acre. The average seemed to be in the low 30's for buildable
land and we were talking about steep slopes on the Caponi property. He asked how the price had come
about. Mr. Schieffer said that Dick Parranto had done the original appraisal. In his opinion, the 40 acres
were worth $40,000 two years ago. Mr. Schieffer said he arbitrarily added about 10% to that figure. He
said, that in reality, all land values are baiSe#..on opinions. He said, that in terms of development, his
opinion was that he could not think of land::ti bfr :desirable for real estate development than the 40 acre
parcel. He said the only way to get a price set'b*M*::R` lv Qparties was to have the two parties sit down
and deal until both sides were satisfied.
City Councilmember Hunter saIO.*. 9i::Oi6'.: 'aid `polled people in the City regarding the art
park. It appeared to him that everybody ws6teit:ifte:Ork but no one wanted to pay for it. This has been
the number one problem through the years:ittafthe concept of an art park has been discussed. All councils
have been enthusiastic about the art park and wanted it. However, the City never intended that the financer
of the art park would be the City. This is clear from all correspondence regarding the art park.
Nevertheless, he said that it was up to this City Council to decide if they wanted to change that. He stated
that one thing that has not been emphasized is how much time and effort and money, especially if you
count staff time, the City has already contt�OWd::to.t.bib:Mt:pw.X..:..T.he Caponis have also contributed much
time and effort and money to the project.
City Councilmember Hunter said thattbe propos6tbefore them was not what he had hoped
for. He thought the value of the land was overpriced::Ake exped a package of broad funding sources,
one of which would be the City, to be presented. Tli-axisting::prtgposal has the City as the main funding
source. He said he also was expecting pro formas for operatio&:bosts. The proposal now is asking over
2 million dollars from the City and the City could spend much more money in the future in development and
operational costs. He also objected to the part of the proposal that stipulated that the City could buy the
land and the corporation would say what the City could or could not do on it. He did not think this would
be prudent when using taxpayer money.
City Councilmember Hunter said that if the City' -were to consider buying the land, the
question should be put to the voters in a M#ereiiiics::#?: people of Eagan specifically needed to
know what they were voting for and this prvposat e#iniilii:not just be part of a general park bond
referendum; it has to be on its own. He concluded that, becau�e.•of all these reasons, he could not support
the proposal as it was. He said he was willing to listen to any pfi��sal that was more reasonable regarding
money and other issues.
Special City Council Minutes
March 21, 1896/Page 6
City Councilmember WachW-suggested that MT;:Caponi should sell the property on the
south side of Diffley to help finance the proJ04,*;Me stated the%tii'.'had discussed that with Mr. Caponi but
had never gotten an answer.
Mr. Caponi asked that he be allowed to speak. He said he understood what
Councilmember Wachter was saying regarding the City putting up money. However, he said, he had been
encouraged by the City to go ahead with the project and he had done that in good faith through the years.
Regarding the cost of the land, he told the Council.that the City would be getting 60 acres and not 40. He
told the Council that the City must own 4(3::a :;Rt Wdr :t::3. �;Partners with him in the art park. The
corporation would own 20 acres so they ali6 coiifd'fie: atfrTi3rsz:; F1e said that, although the price was put
on 40 acres, the City was really getting 60 acres the w""buld be:iti+ir�ediately usable by residents of Eagan
and others. He said that the Caponis were adding toAhe City's -.park land service without any cost for the
20 acres.
Councilmember Hunter ingtilfidikhy the'j--ritpo al had not said 60 acres. Mr. Schieffer said
that if you think of the park land in the terms of users, the actual acreage is 60. Councilmember Hunter
said the City would only own 40 acres. Mr. Schieffer said that land ownership is a modem concept. None
of the citizens will know who owns the park land because it is involved in a single use. In addition, there
will be an unbroken chain of land that is usable by citizens. He stated that it is necessary to maintain the
separate ownerships because of responsibility for improvements, whether they were to be a sole
responsibility or a shared responsibility.
City Councilmember Awada stated th'af*M*:agfaed with several of the comments made by
other Councilmembers. The City Council neve(:'Aad the irate. to purchase the land. She asked if the
City were to decide to buy this land (and the City:is.Ionkirtgf%:tsuying land for parks and just bought a farm),
what is the difference between purchasing laslgifi:fdticJ 18nd somewhere else. City Councilmember Hunter
stated that he had just thoroughly read the:'0— ks'plan. He said the big difference is where land needs to
be bought. There are special areas lacking neighborhood parks. He said it isn't just that the City needs
40 acres and not a matter of where to buy it.
Mr. Capon! stated that he sympathized with City Councilmember Wachter's protection of
taxpayer money. However, he said that he:thQ4!9N:ile:•w4pAhe..Qne who was giving. He said the City came
to me and said that you have the right lariit::;:H : ct:ffte: i#y 641 they wanted the land, but did not know
how to pay for it, but did want it. He said he'd been.Wo1king ever since to make the land usable for the
purpose of an art park. He said he was not asking; hj:thought ti Wasgiving, If money had been his main
concern, he said, he would have sold his land, but wee workiti to make an art park. We just don't know
how to pay for it. He said he did try to solicit money-fiDt the art:g fk but was always asked how much the
City was putting in. So far the City's contribution has been in kliti8 and also in cash for the construction of
the underpass. In reality, the underpass connects two parts of a single park. Mr. Caponi said he was told
a long time ago that his land was park land. He was told by people he approached for donations that the
City had to show its hand. He said if the City Council sees fit to review what the proposal is all about, once
this is all done, money will be easier to raise. He said that he was always told that local government has
to show an interest. The money will not come in from outside-itNess the City makes a commitment. Mr.
Caponi asked the Council not to forget how we got here.
City Councilmember Awad t:isai'.i :fii > !she:.or. 00the price for the land was too high. She
said the concept of the art park was different than that of a neighborhood park. It was more like a special
use such as the farm, civic arena, etc. She said when elemoh.Wy schools are constructed the City tries
to have park land adjacent to the school land. She thought that park might be able to be treated in the
same way. The question was how much land south of Diffley should be bought and how it should be paid
Special City Council Minutes
March 21, 1996/Page 7
for. This has not been decided. She stated:i#jat the best way.tQfind out if the project was feasible would
be to put it to a vote of the people. If they tlbOlwant it, the.:p-liject would be dead.
City Councilmember Hunter said th' llf a OUncil should look at purchasing less land than
the 40 acres. The 40 acre proposal would surety be voted down. He stated the scope of the project
needed to be reduced. City Councilmember Awade said the way to proceed would be to start negotiating.
Director of Parks and Recreation Vraa would need to consider what the City needs as park land to augment
the 20 acres of the art park on the north side.of.4Affley,.....
Mayor Egan said that he had heard eip�Afeii't corrJ'ients from all the City Council members,
Including new concerns that had been raised that he':i'ad not thditht about. He told the Caponis that the
Council had been agonizing for at least a decade regarding how:the Caponi Art Park could be established.
He told the Caponis that it had never been theintent 3Me City.;incil to pay for the park entirely, but that
the City did want to participate. He said ](h*'t: 6tJfOaON. i;isiil *oped that the Caponis' proposal would
provide the City Council with the tools to participate. He' i;aie'that when he had met with the Caponis in
February, he had indicated that financial tools needed to be provided in the proposal and they are not there.
The City does not have the means to pay for an art park now. He was disappointed that the proposal was
so open ended and the price was so high. He thought the price was too high. He indicated that the public
needed to know if they would be paying for 40 acres or for 60 acres. He also thought that the City would
be paying for too much land as indicated in 1hp..proposal. He stated that there were no financial pro formas.
He was concerned about this as he would l :iroiti "0 about any program the City would sponsor where
they would not know where the money was coining ."kOilt;.:.:Ke; told the Caponis that the City had to know
something about how the operation would be run:bpd finaiic�ii:iis. greatest disappointment was that there
were no financial tools in the proposal.
Mayor Egan said that he thQugFrtttiis City could commit to something or allow the taxpayers
to commit to something, but he would like tii:buf back on the amount of acreage and have the price reflect
what the land is worth. Then, he said, the City Council could try to come up with some creative restrictions
on the rest of the land for a reasonable period of time and have the flexibility to go forward with the project.
He suggested perhaps carving off ten acres with a reasonable price and putting restrictions on the rest of
the land; it would remain zoned as park. He said then the corporation would have the opportunity to go
out and get support for the project and he 1ftIn4 e:.WTp.gk#an:oen do this. He told the Caponis it would
be better to think smaller and go fromtheFe iQCacise �t6:tMQttgk�:i�e public would be much more likely to
support the project in this way. He repeated that the.:Caponis had said they believed that the support in
the City of Eagan for this type of project was higher-416in in otlW. places.
Mr. Caponi said he was confused became the a-Wncil was saying the plan was not specific
enough and yet should be more flexible. He asked them to understand he was doing his best to be specific
enough to get the picture and yet flexible enough to be able to work together with the City. He wanted to
be clear about what he had to offer and wanted to work it out with the City. he stated that they were
flexible. They had been specific about things that were clear to them. He said he knew the City Council
and staff desired to have the project. He told the Council that;.lt.they said let's work it out, we would go
ahead.
City Councilmember Awatti;r:�sgid: ::tfte: b way would be to go about proceeding.
Director of Parks and Recreation Vraa indiQat f rat:#�te:disnut4iotr which was occurring was the best way
and that staff would like specific direction from the City Couneil.;as to what they would like.
City Councilmember Hunter thought that the C"cil had said very clearly that they would
be interested in less than 40 acres, a lower price for the acreage, a spreadsheet of pro formas for the
Special City Council Minutes
March 21, 1996/Page 8
operation of the park and the ability for the CaY:to participate in.owsion making regarding the development
and operation of the art park. City Councilmerrei Awada gk,gested that Director of Parks and Recreation
Vraa and Mr. Schieffer meet and bring back prc+iplllse:ity Council at another special City Council
meeting. .
Mayor Egan said that he realized that Acting Mayor Hunter had indicated that visitors would
be heard at the beginning of the session. However, he noted that former mayor Bea Blomquist had arrived
after that announcement and would like to •r j4p.•a•.few .comments.
Former Mayor Blomquist indicated site::was in al#andance because both Caponis and two
City Councilmembers had wanted her to be there. 66"'indicatecl'.'thhat to her knowledge, the City had not
pursued grants and asked if grants had ever been loi$Wd at to trance the park. She stated that she was
afraid that if the Caponi Art Park proposal were:to_b6:pt:'* ed- 4d8 bond referendum, it would be defeated
and she did not want to lose the park.
Mayor Egan indicated that he had proposed that the bond referendum ballot indicate that
the City would buy a limited amount of land and then pursue other funding sources for the rest of the land.
Former Mayor Blomquist asked if the City had ever tried to get grants for the park. Director
of Parks and Recreation Vraa indicated tlioi!p ty had. However, he said, LAWCON funding has dried up.
There are public grants for preservation of iijett sce; :The maximum for these grants is $100,000. It was
not guaranteed that the City will be able to get 'tfi'em::¢eaai e:.they would be competing against 800 other
communities for grants. r
Former Mayor Blomquist said, tt al::it wa$':1iot' just an Eagan project; it was regional and
somebody had to hear the need. Mayor EOp...ai'ittfii3t lillr. Caponi had told the Council that the community
had to commit first before others had corn --1 r'W"ard. City Councilmember Wachter said that maybe a group
of interested residents of Eagan could gather together and see what money they could raise.
Land Acquisition Subcommittee member Michael Vincent stated that he works for a
company that writes grants. He asked if it would be possible for the City to write a grant to the Capon!
corporation so that they would be able toan was putting money in the project and
then go attempt to raise funding from other•iatiti:::#f�;;:te:aid, the City could look at purchasing the
land down the line. They would do this prior to buying -the land .because the Council had to be responsible
to the community. He said he believed that a vote .o :the issi :would defeat it. He suggested the City
could say they had reviewed the project and would W''&e a grafi —into the City budget. Then the Caponis'
corporation could go out and raise funding. Mayor Egeh askec Gs'ty Attorney Sheldon if the City was able
to do this. City Attorney Sheldon said that the City had the''authority to approve funding for artistic
programs. He said the City probably could figure out a way to do it. It could not be a grant but a support
for artistic activities. However, he said, the funding would need to be approved for more specific purposes.
Mayor Egan stated that the City could not dual or triple track the project at this time
because, if it were to be included in the bond referendum, tfiq:staff would need to get to work on one
proposal.
Mr. Schieffer asked if the':CO:--W9:4t�rie :*"'nough in the project to participate in a
process to reach an agreement on the value of the land. "pr Egan said yes. City Councilmember
Awada said yes. City Councilmember Wachter said he saw ttse::need for more playgrounds for children.
He said the APRNRC wanted to purchase land that they saw"" -di fulfilling those needs. He said the City
should look at what would be necessary for those needs. He said he was worried about what the taxpayers
Special City Council Minutes
March 21, 1996/Page 9
would think if the art park were put on the ti*:: ill and then they #ii4d to pay admission in addition to taxes.
He did say that discussion of the project wo'tilt:be:;a .n7oot.ritf there were a property tax freeze.
City Councilmember Hunter descritid ifie'land which was listed as possibles for the park
bond referendum. He stated that if you added up the cost for all of them, the total would be about $24
million. He said that the City had to put a priority on various parcels because they could not put all of the
parcels into one bond referendum proposal. He, himself, had received lots of calls supporting various
different projects and he feels that the residVpt6;4kt g .afs:pRsWare of the total cost of all the projects.
City Councilmember Wachter said thiK:Mr. anc#0s. Capon! had a nice piece of property
and had put a lot of work into it. He said that the City, also, ha *contributed staff time. He said that he
could not see that there was money out there to supgrt the ptoct.
City Administrator Hedges tt4;Wted that 11 *.601he Director of Parks and Recreation meet
to prepare proposals from one end of the spectrum to the other and bring them back to the Council for
consideration by mid-April, so that if the Council wished to put a proposal on the bond referendum there
would be time. He suggested that the Caponis and Mr. Schieffer could work with them.
City Councilmember Hunter said that could be done, but he added that City Councilmember
Wachter and he were not in favor of suppor ft:1 a Caponi Art Park operations. He said that he did support
buying some land, but not supporting the ope, added that City Councilmember Wachter might
not even support that. He suggested that the propels ils:#ia..Oty Administrator Hedges and Parks and
Recreation Director Vraa would prepare should be on the conservative side of the spectrum rather than
covering the whole spectrum.
City Councilmember WachtO*,r'- SWdFtti'k people have told him that they are being taxed out
of Eagan. He stated that, if the item wer4*'put on the bond referendum, that would be alright with him
because the people could vote on the proposal. He stated that he did not believe the voters would approve
$1,800,000.
City Councilmember Awada said that she agreed. She inquired about setting a cost for the
land. Mayor Egan said that was part of thy jsitJ ratt ii.... ii;:tb* Council should figure out which of the
Caponi parcels to consider acquiring. ...
City Councilmember Wachter said thi.Council should not be involved in the operation cost
of the art park. He said he did not think many pea-tle knew :jch about the proposal for the art park
because many of them do not even read the local newspapers. fiesaid they should know about it so they
could vote on whether they would approve it or not. Councilmember Wachter repeated that he was not
opposed to the art park; he just did not want to put the burden on the taxpayers.
City Councilmember Hunter stated that the City should decide which piece of the Caponi
land it was interested in purchasing and then get the approval:.dff..;the voters.
Mayor Egan asked City A�miniskator.Hedges.if'he had sufficient enough direction. City
Administrator Hedges replied yes.
The City Council set the date of April 16, 1M.::at 5:00 p.m., for a special City Council
meeting to which the proposals would be brought back to thetr3Jgr consideration.
Special City Council Minutes
March 21, 1996/Page 10
Mr. Caponi said he unders( that they woyld-W be working together. He asked if he
could phone City Councilmembers to make''Wgestions.byr Egan replied that he could always call.
Subcommittee member David Szott asked that; f q : a»i#;i� cicjftently zoned park, should the City consider
the cost for land as developable land? He also �sta>et3�th fthe relationship between the public entity and
the private corporation would need to be defined very clearly. City Councilmember Hunter agreed and
stated that is the reason the City should not be involved in operations.
City Councilmember Masin.:ad**.gse¢,#lie. a�gnis and said that she had suggested that
the Caponis approach major corporations foc ititlltig :;}' rs:; Gaz{ ' Oreplied that they had made contacts but
were not seen as a credible project. She stated thiV:heeded W:establish credibility because they were
competing against all other organizations. She stated that, if thin:Oity was participating, the Caponis could
show organizations that they are not just a self-servifig entity.
..........
��.����;;�'���11�,,.`j=
Mayor Egan stated that it would be appropriate at that time to appoint residents to the bond
referendum task force. City Administrator Hedges said that nine applicants had submitted letters of interest
to participate on the bond referendum task force. He distributed a list of the applicants names and copies
of their letters of interest. Hunter moved,. Egan seconded a motion to appoint all nine applicants whose
names are Lynn Lewis, John Ward, Steve #i'nW.q, Jerry Thompson, Lee Bergstrom, Peggy Carlson, Mudal
Johnson, John VonDeLinde, and Michaef'Pfi t#%....Aye: 5 Nay: 0
The meeting adjourned at 7:33 Op.
Date
City Clerk
Agenda Information Memo
April 2, 1996 Eagan City Council Meeting
The following items referred to as consent items require one (1) motion by the City Council. If
the City Council wishes to discuss any of the items in further detail, those items should be
removed from the Consent Agenda and placed under Old or New Business unless the discussion
required is brief.
A. PERSONNEL ITEMS
Item 1. Seasonal Park Maintenance Workers --
ACTION TO BE CONSIDERED:
To approve the hiring of Laura Hampton, David Jungers, Delbert Keene and Jason Schwamb as
seasonal park maintenance workers.
Item 2. Seasonal Part-time Skating School Instructors --
ACTION TO BE CONSIDERED:
To approve the hiring of Stephanie Angleson and Dawn Rolling as seasonal part-time Skating
School Instructors.
Item 3. Seasonal Part-time Recreation Leaders --
ACTION TO BE CONSIDERED:
To approve the hiring of Rachel Collingham, Lindsay Dickinson, and Shannon Haugh as seasonal
part-time Recreation Leaders.
Item 4. Resignation/Director of Community Development --
ACTION TO BE CONSIDERED:
To accept a letter of resignation from Peggy Reichert, Director of Community Development,
Item 5. Consultant Contract/Community Development --
ACTION TO BE CONSIDERED:
To approve a contract with Peggy Reichert for consultant services in the area of Community
Development.
Agenda Information Memo
April 2, 1996
B. PROJECT 680, CLIFF ROAD - UPGRADE
ACTION FOR COUNCIL. CONSIDERATION: To present the report for Project 680 (Cliff
Road - Upgrade) and schedule a public hearing to be held on May 7, 1996.
FACTS:
On December 20, 1994, the City Council authorized the preparation of a feasibility report for the
proposed upgrading of Cliff Road from ChesMar Drive to Lexington Avenue.
This feasibility report has now been completed and is being presented to the City Council for their
consideration of scheduling a public hearing to formally present this project to all potentially
affected property owners.
On December 6, 1995, the City and Dakota County jointly hosted an open house at the Dakota
County Library to present the preliminary plan designs to all adjacent property owners. Many of
the comments received from that open house meeting were incorporated into the preliminary
feasibility report. A follow-up informational neighborhood meeting was held on Thursday,
March 28 to further review and discuss issues with affected/mterested property owners.
ATTACHMENTS:
• Preliminary feasibility report, distributed under separate cover.
0
Agenda Information Memo
April 2, 1996
. PROJECT 699 SAFARI EAGAN 3RD ADDITION
ACTION FOR COUNCIL CONSIDERATION: To receive the feasibility report for Project 699
(Safari @ Eagan 3rd Addition - Streets & Pond) and schedule a public hearing to be held on May 7,
1996.
FACTS:
On January 16, 1996, the Council authorized the preparation of a feasibility report for the right -
turn lane street improvements on Thomas Center Drive at Cliff Road and the construction of the
storm drainage pond necessary to service the Safari @ Eagan 3rd Addition.
This feasibility report has now been completed and the draft is being presented to the City Council
for their consideration of scheduling a public hearing for May 7 to formally present these
proposed public improvements to all affected property owners.
These improvements are development driven and do not affect any other property owners.
Subsequently, there are no informational meetings scheduled beyond the ongoing discussions with
the developer and his engineer.
ATTACHMENTS:
• Draft feasibility report, distributed under separate cover.
3
Agenda Information Memo
April 2, 1996
D. PROJECT 700, HALL STREET - UTILITIES
ACTION FOR COUNCIL CONSIDERATION: To receive the feasibility report for Project 700
(Hall Street - Utilities) and schedule a public hearing to be held on May 7, 1996.
FACTS:
On January 16, 1996, in response to a petition from interested property owners, the City Council
authorized the preparation of a feasibility report to extend utilities from TH 3 and Carol Street
to Hall Street.
The draft feasibility report has now been completed and is being presented to the City Council
for their consideration of scheduling a public hearing to formally present the proposed
improvements to all affected property owners.
The staff intends to hold an informational neighborhood
property owners in April prior to the scheduled public
improvements and address any concerns.
ATTACHMENTS:
• Draft feasibility report, distributed under separate cover.
meeting with affectedlmterested
hearing to review the proposed
Agenda Information Memo
April 2, 1996
E. PROJECT 702, WOODGATE 2ND ADDN - ST REHABILITATION
ACTION FOR COUNCIL CONSIDERATION: To receive the feasibility report for Project 702
(Woodgate 2nd Addition - Street Rehabilitation) and schedule a public hearing to be held on May 7,
1996.
FACTS:
• The rehabilitation of the local residential streets within the Woodgate 2nd Addition has been
identified in the 1996-2000 5 -Year CIP for consideration in 1996.
• On February 6, 1996, the City Council authorized the preparation of a feasibility report for these
proposed improvements.
• This draft feasibility report has now been completed and is being presented to the Council for
their consideration of scheduling a public hearing to formally present these proposed
improvements to all affected property owners.
0 An informational neighborhood meeting was held on March 25 to present the proposed
improvements to affected property owners.
• The staff intends to hold an additional informational neighborhood meeting with
affected/interested property owners in April prior to the scheduled public hearing to review the
proposed improvements and address any concerns.
ATTACHMENTS:
• Preliminary feasibility report, distributed under separate cover.
S
Agenda Information Memo
April 2, 1996
F. PROJECT 703, MALLARD PARK 2ND ADDN - ST REHABILITATION
ACTION FOR COUNCIL CONSIDERATION: To receive the feasibility report for Project 703
(Mallard Park 2nd Addition - Street Rehabilitation) and schedule a public hearing to be held on May
7, 1996.
FACTS:
• The rehabilitation of the local residential streets within the Mallard Park 2nd Addition has been
identified in the 1996-2000 5 -Year CIP for consideration in 1996.
• On February 6, 1996, the City Council authorized the preparation of a feasibility report for these
proposed improvements.
• This draft feasibility report has now been completed and is being presented to the Council for
their consideration of scheduling a public hearing to formally present these proposed
improvements to all affected property owners.
• An informational neighborhood meeting was held on March 25 to present the proposed
improvements to affected property owners.
• The staff intends to hold an additional informational neighborhood meeting with
affected/interested property owners in April prior to the scheduled public hearing to review the
proposed improvements and address any concerns.
ATTACHMENTS:
• Preliminary feasibility report, distributed under separate cover.
r
Agenda Information Memo
April 2, 1996
G. CONTRACT 96-11, YANKEE DOODLE ROAD
ACTION FOR COUNCIL CONSIDERATION: To approve the plans and specifications for
Contract 96-11 (Yankee Doodle Road - Widening, Ramps, & Signals) and authorize the
advertisement for a bid opening to be held at 11:00 a.m., Friday, April 26, 1996.
FACTS:
• Contract 96-11 provides for the intersection modifications, resignalization, 35E ramp
construction/modification and widening of Yankee Doodle Road from Promenade Avenue to
Federal Drive.
On January 16, 1996, the City Council held a public hearing and subsequently approved Project
695 for the first phase of the Central Area Transportation Plan. Project 695 has been split into
two contracts -- 96-10 (Bridge Widening) and 96-11 (Roadway Improvements).
• In order for these roadway improvements to be completed by November 1 in accordance with the
Indirect Source Permit (ISP) issued by the MPCA, the construction schedule requires the bids
to be advertised during April, contract award May 7, and construction to begin in mid-May.
• Before this contract can be awarded, all development agreements and County/State/Federal
approvals must be obtained. It is anticipated that this will occur during April.
• City/County staff and representatives of the SRF Consulting Group, Inc., will be available to
present and/or respond to any questions concerning these final detail design plans.
Agenda Information Memo
April 2,1996
H. CONTRACT 96-05, NORTH RIDGE DR & POPPLER LANE
ACTION FOR COUNCIL CONSIDERATION: To receive the bids for Contract 96-05 (North
Ridge Drive & Poppler Lane - Street Improvements) and award the contract to the lowest responsible
bidder.
FACTS:
• On May 4, the City Council approved the plans for the street improvements for North Ridge
Drive and Poppler Lane and authorized the advertisement for competitive bids.
• A summary of the bid tabulation showing the relationship of the low bidder for each project to
the estimate contained in the feasibility report presented at the public hearing held on October 5,
1993 (Project 655 - North Ridge Drive) and January 16, 1996 (Project 636R - Poppler Lane) is
included.
• The contract documents have been written to allow for Project 636R being deleted by Change
Order at any time without any financial impacts to the City. A Notice To Proceed for Project
636R will not be issued until the Poppler Homestead Addition No. 2 has been recorded at Dakota
County.
• All bids will be reviewed for compliance with bid specifications and any errors/omissions will be
so noted at the meeting on April 2.
ATTACHMENTS:
• Bid tabulation, page
North Ridge Drive Street Improvements
Poppler Lane utility & Street Improvements
S.A.P. No. 195-117-04
Project Nos. 655 & 636R
Contract No, 96-05
BID DATE: MARCH 26, 1996
BID TIME: 10:30 A.M.
(1) Alternate Bid- Deduct to use recycled crushed concrete in lieu of Cl. 5. 10001. crushed
limestone.
(2) The contractor did not provldc a bid for Alternate No. 1
North Ridge Drive
Project No. 655
Poppler Lane
Project No. 636R
Contractor No. 96-05
Base Bid
Base Bid
Base Bid
Base Bid
Total Base
Total Base
62,842.50
308,957.00
Plus
Plus
gid
Bid Plus
264,650.00
64,590.00
Alternate
Estimate
Alternate
Alternate 0 )
% Over (+)
-7.0
(1)
-6.2
(1)
McNamara
248.994.50
7-46,144.50
63,082.50
62,842.50
312.077.00
308,987.00
Contracting,
-12.2
Under (-)
Inc.
Valley
26.5,341.03
265,341.03
72,170.02
72,170.72
337,511.05
337,511.05
Paving
(2)
(2)
(2)
Bituminous
288,245.00
278.945.00
81,515.00
80,515.00
369,760.00
359.460.00
Roadways
(1) Alternate Bid- Deduct to use recycled crushed concrete in lieu of Cl. 5. 10001. crushed
limestone.
(2) The contractor did not provldc a bid for Alternate No. 1
North Ridge Drive
Poppler Lane
Contract No. 96-05
Project No. 655
Project No. 636R
Low Bid with
246,144.50
62,842.50
308,957.00
Alternate
Feasibility Report
264,650.00
64,590.00
329,240.00
Estimate
% Over (+)
-7.0
-2.7
-6.2
Under (-)
Engineer's Estimate
289,028.00
62.731.00
351,759.00
Over (+}
-14.8
+0.2
-12.2
Under (-)
Agenda Information Memo
April 2, 1996
1. PROJECT 695, COUNTY COST PARTICIPATION AGREEMENT
-('YANKEE DOODLE RDS
ACTION FOR COUNCIL CONSIDERATION: To approve the Cost Participation Agreement
with Dakota County for the financing of Project 695 being constructed under Contracts 96-10 and
96-11 and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
With mutual concurrence, the City has agreed to be the lead agency in performing the necessary
transportation related improvements to County Road 28 (Yankee Doodle Road) under the above -
referenced project and contracts.
A joint Cost Participation Agreement has been prepared with Dakota County for financing the
roadway related improvements as well as a Traffic Signal Cost Participation and Maintenance
Agreement. These agreements have been reviewed by representatives of the Public Works
Department and found to be in accordance with typical previous City/County joint projects.
l0
Agenda Information Item
April 2, 1996 Eagan City Council Meeting
J. EXTENSION OF PRELIMINARY SUBDIVISION - EAGAN WOODS OFFICE
PARK 2ND ADDITION -
ACTION TO BE CONSIDERED:
To approve or deny a request for a one year extension of the Preliminary Subdivision for
Eagan Woods Office Park 2nd Addition (Old Country Buffet).
FACTS:
► Eagan Woods Office Park 2nd Addition was approved at the May 15, 1995 City Council
Meeting.
BACKGROUND: (2)
Letter from Thomas Lincoln P.E., BRW - page'-
Plat Map - page.
�* _' ,i "
MAR 1 2 1996
March 11, 1996'
s R w INC.
Ms. Shannon Tyree
Project Planner
City of Eagan
3830 Pilot Knob Road
Planning
Eagan, MN 55122-1897
Transportation
Engineering
RE: Preliminary Planned Development and
Urban Design
Preliminary Subdivision Plat for
Eagan Woods Office Park 2nd Addition
Thresher square
700 Third Street So.
Dear Ms. Tyree:
Minneapolis,
MN 55415
612/370-M
As you are aware, OCB Realty Company received formal approval from the
Fax 612/3701378
Eagan City Council on May 15, 1995 for Preliminary Planned Development
and Preliminary Subdivision Plat Approval for Eagan Woods Office Pak 2nd
Denver
Addition. OCB Realty Company will be proceeding this spring with the storm
Milwaukee
sewer improvements as required by Conditions No. 5 and 12. OCB will not
Minneapolis
be proceeding this year on the Final Subdivision Plat or Final Development
Orlando
Pians for any of the lots.
Phoenix
Pomona
On behalf of OCB Realty Company, I am formally requesting that the City of
San Diego
Eagan City Council grant a one-year extension for submittal of the Final
Seat'e
Subdivision Plat for Eagan Woods Office Park 2nd Addition. The required
submittal date would be changed from May 15, 1996 to May 15, 1997.
If you have any questions, or need additional information concerning this
request, please give me a call at (612) 373-6430.
Sincerely,
BRW, INC.
Thomas J. Linco PE
Project Manager
cc: H. Thomas Mitchell/OCB
Dale Beckmann/BRW
Keith Dahl/BRW
Jeff Ramberg/BRW
File 2423A02
I a-
r _
-- —~— � «.., YgYYA rto�awYre wrora
NVId 311S NOLUMV Oz
DuI'vjslmH ff"VUu ArrOWOMale�vi INUVd 301110 SQOOA NVOV3
I!=eta
r
i
� rf wlrrrr !
I � i
Z. -6:
e _
e
�i
ovoa soon 10111
rlt.-a. —�.w.-_'�3
w � c
I1
_ 7,
541
CAI
e
4M
II, '
I
r
M1
`J
Z. -6:
e _
e
�i
ovoa soon 10111
rlt.-a. —�.w.-_'�3
w � c
I1
_ 7,
541
CAI
Agenda Information Memo
April 2, 1996 Eagan City Council Meeting
K. PROCLAMATIONXITY OF PEACE
ACTION TO BE CONSIDERED:
To proclaim Eagan, Minnesota as a City of Peace.
ATTACHMENTS:
Attached on page ,, is a copy of the proclamation.
PROCLAMATION
CITY OF EAGAN
A CITY OF PEACE
April 2, 1996
WHEREAS, the citizens of our City wish to live in an environment of peace and
security; and,
WHEREAS, the Eagan Police Department through its Community Policing
Program has been extraordinarily successful in limiting the spread of drugs and crimes of
violence throughout our City; and,
WHEREAS, the people of Eagan recognize that violence has become an
increasing part of our modern lives and that it takes a concerted effort individually, collectively,
and as a community to turn the tide of violence and protect ourselves, our children, and our
neighbors; and,
WHEREAS, we recognize that any declaration of peace in our City serves to
highlight both areas where we have achieved peace, and areas where we still have more work
to do towards peace; and,
WHEREAS, we recognize that this declaration of peace is the beginning of a
potentially global effort to have cities declare themselves for peace;
NOW, THEREFORE, BE IT RESOLVED that I, Tom Egan, Mayor of the City
of Eagan do hereby proclaim Eagan, Minnesota as a City of Peace.
In Witness whereof, I have hereunto set my hand and caused the Great Seal of
the City of Eagan to be affixed this 2nd day of April in the year of our Lord, one thousand nine
hundred and ninety-six.
Motion made by:
Seconded by:
Those in Favor:
Those Against:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing proclamation was duly passed and adopted by the City Council
of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2nd
day of April, 1996.
f �'.
J. VanOverbeke, City Clerk
Agenda Information Memo
April 2, 1996 Eagan City Council Meeting
L. PRO CLAMATION/NATIONAL DAYS OF REMEMBRANCE
ACTION TO BE CONSIDERED:
To proclaim the week of Sunday, April 14 through Sunday, April 21, 1996, as Days of
Remembrance of victims of the Holocaust.
ATTACHMENTS:
Attached on page 11 is a copy of the proclamation.
I 4
PROCLAMATION
FOR NATIONAL DAYS OF REMEMBRANCE
Theme for 1996: "Crimes Against Humanity - Nuremberg, 1946"
April 2, 1996
WHEREAS, the Holocaust was the state-sponsored, systematic persecution and
annihilation of European Jewry by Nazi Germany and its collaborators from 1933 to 1945. Jews
were the primary victims - six million were murdered; Gypsies, the handicapped and Poles were
also targeted for destruction or decimation for racial, ethnic or national reasons. Millions more,
including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents also
suffered grievous oppression and death under Nazi tyranny; and
WHEREAS, 1996 marks the fiftieth anniversary of the International Military
Tribunal's trial at Nuremberg of twenty-two major Nazi leaders, and the continuation of
subsequent military tribunals, at Nuremberg as well as in other Allied -occupied sectors of
Germany, to try additional Nazi criminals; and
WHEREAS, the charter for the Nuremberg Trials established, for the first time
in international law, that crimes against humanity as well as crimes against peace and war crimes
were punishable, thus making the individuals who were responsible for promulgating government
policies that resulted in aggressive war and genocide accountable for their actions; and
WHEREAS, Americans recognize that in addition to the need for international law
to provide judicial accountability for crimes against humanity, each citizen is responsible for
eternal vigilance against all tyranny and for speaking out against such tyranny; and
WHEREAS, Tuesday, April 16, 1996, has been designated, pursuant to an Act
of Congress, as a Day of Remembrance of the Victims of the Holocaust, known internationally
as Yom Hashoah,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Eagan does hereby proclaim the week of Sunday, April 14, through Sunday, April 21, 1996, as
Days of Remembrance of the Victims of the Holocaust in memory of those victims, and further
proclaim that we, as citizens of the City of Eagan, will collectively and individually strive to
overcome bigotry, hatred and indifference through learning, tolerance and remembrance.
Motion made by:
Seconded by:
Those in Favor:
Those Against:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify
that the foregoing proclamation was duly passed and adopted by the City Council of the City of
Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2nd day of April,
1996.
E. J. VanOverbeke, City Clerk
Agenda Information Memo
April 2, 1996 Eagan City Council Meeting
M. CHANGE IN ARCHITECTURAL SERVES CONTRACT: BLACKHAWK PARK
ACTION TO BE CONSIDERED:
To acknowledge the cancellation of the architect service contract with Richard Schwarz
Architects, and to authorize a contract with Jon Miller, Architect for architectural service
associated with the Blackhawk Park shelter building.
FACTS:
Richard Schwarz was the Architect for most of Eagan park shelters.
Mr. Schwarz, as part of his contract, was the architect for the Blackhawk Park
shelter. Mr. Schwarz was the "sole proprietor" of Richard Schwarz Architects when
he passed away several weeks ago; consequently the firm is unable to carry on the
remaining work associated with this project. Remaining work includes the
construction supervision stage ie - approval of shop drawing, construction
supervision, etc.
Jon Miller, an architect and former employee of Richard Schwarz has submitted a
proposal to complete the work associated with this project under a separate
contract.
The new contract reflects a similar fee for service as with Schwarz Architects.
The contractor is expected to start work in April.
CONCERNS:
None.
ATTACHMENTS:
None.
WdrAl Av
Agenda Information Memo
April 2, 1996 Eagan City Council Meeting
N. FINDINGS OF FACT, CONCLUSION & RESOLUTION OF DENIAL FOR
COMPREHENSIVE GUIDE PLAN CHANGE - CARRIAGE HILLS
ACTION TO BE CONSIDERED:
To adopt a resolution of denial for Pulte Homes Corporation of Minnesota's comprehensive guide
plan amendment for the Carriage Hills property located on the south side of Yankee Doodle
Road, west of Wescott Hills Road and east of Carriage Hills Condominiums.
FACTS:
At its meeting of March 25, the Eagan City Council considered a proposal by Pulte
Homes of Minnesota to change the comprehensive guide plan designation from PF (public
facilities) to D-2 (mixed residential) for 120 acres of property at the above referenced
location.
The City Council directed preparation of a resolution of denial of the amendment which
is before the City Council for consideration this evening.
ATTACHMENTS:
A copy of a resolution on pag<W through(:Pv
19
BEFORE THE CITY COUNCIL
CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA
In Re: Petition by Pulte Homes of Minnesota
to Amend the Land Use Designation Section
of the Comprehensive Guide Plan from Public FINDINGS OF FACT,
Facilities (PF) to D -II, Mixed Residential CONCLUSIONS
(0-6 units per acre) for Approximately AND RESOLUTION
120 Acres of Unplatted Property Located
at the East Half of the West Half of Section 14.
On March 25, 1996, following publication of notice to the public, the Advisory
Planning Commission to the City of Eagan conducted a public hearing, to consider the
application of Pulte Homes of Minnesota ("Applicant") concerning approximately 120
acres of unplatted property located at the west half of section 14, township 27, range
23, Dakota County, Minnesota (the "Site"). The Applicant requested an amendment to
the Eagan Comprehensive Land Use Guide Plan and a map for the Site (currently
known as Carriage Hills Golf Course), which would change the Site designation from
public facilities (PF) to D -II mixed residential designation (0-6 units per acre).
The Applicant appeared at the March 25, 1996 public hearing and its
representatives spoke in favor of the request. During the hearing, the planning
commission received and considered staff and citizen input, planning reports, and other
background information. Following the public hearing, the Advisory Planning
Commission recommended denial of the application.
The matter then came before the Eagan City Council at its March 25, 1996
meeting. The Council received, considered and discussed the March 25, 1996
Advisory Planning Commission recommendation, input from staff and residents and the
planning report, together with all of the existing files, records and prior proceedings and
Applicant's input.
Based upon all of the files, records, prior proceedings and input which was
presented at the meeting, the Council makes the following Findings of Fact, Conclusion
and Resolution:
FINDINGS OF FACT
1. The Applicant requested an amendment to the land use section of the
comprehensive guide plan to change the Site's designation from public facilities (PF) to
D -II mixed residential (0-6 units per acre).
2. The comprehensive guide plan and map reflect the policies and goals of the City
of Eagan's planning. The comprehensive guide plan states the following:
a. Eagan will attempt to develop as much a self-reliant community as
possible wherein employment, recreational services, commercial services and
community facilities for most of the needs of the residents will be provided within the
community. (goals and policies IIC4 at page II -2)
b. It has been the goal of the community to cooperate with private enterprise
wherein private individuals would provide certain community facilities such as daycare
centers, commercial recreational facilities, golf courses and similar public uses (see
community facilities F at page II -5).
C. The City will attempt to restrict development where municipal services
(sanitary sewer and water) cannot be provided; rather, the City will promote the timely
extension of the services when they are needed and can be economically justified.
I%
The City will require the integration of proper open spaces within each
residential development in order to maintain the living environment that presently exists
within the City (see housing I numbers 7 and 8 at page II -11).
d. Parks and open spaces serve a number of functions in a growing
suburban community such as Eagan. The value of recreation to the health and welfare
of an individual and therefore to the community as a whole, was recognized long ago.
Parks and open space lands contribute to the health and safety of a
community in many ways. Properly located, they can control flooding, help to preserve
the quality of the surface water, replenish the ground water supply, reduce air pollution
and preserve natural resources. In addition to fulfilling recreational needs, they can be
used to maintain a "buffer" between conflicting land uses and beautify the community
(see VII park development guide at page VII -1).
3. The Site is owned by William Smith who has owned and operated the Carriage
Hills Golf Course on this Site since 1965.
4. Minn. Stat. §462.355, Subd. 3 requires a two-thirds vote of all of the City
Councilmembers to amend the comprehensive guide plan.
5. The property was originally zoned agricultural and was changed in 1962 to
Public Facilities District at the request of the land owner.
6. The City's first comprehensive land use guide plan and map were prepared in
1974, after the golf course had been established on the Site. The comprehensive
guide plan and map designated the property "golf' and it remained so until 1991.
7. In the 1991 comprehensive revision of the City's land use guide plan map, the
City Council made a policy decision to change all schools, churches, parks, golf
2a-
courses, and other such uses to one of two designations, either "P" for parks or "PF" for
public facilities. This resulted in the PF designation for Carriage Hills Golf Course.
8. The D -II land use designation would allow for subsequent zoning at this Site for
a variety of housing types including single family, two family townhouses, quadhomes
and apartments. The D -I1 designation limits the overall density on the Site to a
maximum of 6 units per acre. Given the 120 acre size of the Site, the D -II designation
would allow 720 residential units.
9. Based on the staff reports, storm water run-off from a residential development
could be accommodated by the City but would require modifications to the existing low
areas to increase the storage capacity.
10. The City's comprehensive sanitary sewer policy plan adopted in 1988 allocates
the property into two sanitary sewer subdistricts.
The estimated waste -water flows associated with a development of six units per
acre for the northern portion of the Site were not anticipated in the 1988 sewer policy
plan. Under the plan, flowage from the northern portion of the Site was calculated at
two units per acre. Full development of other properties and this Site at a D -II
designation, results in waste water flows that likely exceed capacity of this trunk
sanitary sewer system.
11. Access to the Site would require road infrastructure improvements.
12. Traffic generation based on a maximum density of 720 units could result in an
estimated 7,700 additional daily trips. Such additional daily trips could cause a need
for signalization at Yankee Doodle Road and Wescott Hills Drive, and disrupt existing
established neighborhoods to the south and west.
403
13. The Site is located in the service area of Independent School District No. 196.
The schools in Independent School District No. 196 are already expecting to have a
student population which will exceed capacity in the middle and high schools. Change
to a residential use for the Carriage Hills Site will add more students to schools which
are already expected to exceed capacity.
14. The City's comprehensive guide plan has consistently recognized Carriage Hills,
a privately -owned, open to the public golf course as a component of the City. The
City's land use plans have always assumed the use of the subject property as a golf
course and acknowledged the private ownership. Underlying this assumption is that
where the private sector has provided adequate recreational resources in the
community, the City should not step in to provide a competing resource.
15. The Site is used as an 18 -hole golf course and has substantial open space and
natural amenities including trees and wetlands.
16. The Site is a viable economic use.
17. The change to D -II will have an adverse effect on the property values of the
surrounding properties.
18. Adding a D -II designation would increase the City wide surplus of D -II
designated property.
19. Adding an additional D -II designation may cause an imbalance and disparity with
the City's housing goals and the livable communities' goals.
CONCLUSIONS
This matter is properly before the City Council of the City of Eagan, Dakota
County, Minnesota.
2. The Applicant has the burden of persuasion to convince the Council to amend
the land use portion of the comprehensive guide plan and the land use map.
3. The existing (public facilities) PF designation is in conformance with the
comprehensive guide plan.
4. The Site provides the benefits of open spaces as set out in the comprehensive
plan.
5. The Site was recognized as a community facility and an 18 -hole golf course
under the City zoning code and comprehensive guide plan.
6. The Site provides an important amenity to the citizens of the City of Eagan.
7. The Site allows the community to be more self-reliant because it is a recreational
service, open space and community facility.
8. The Site's designation as a public facility was properly reviewed and adopted at
the inception and updates of comprehensive planning by the City of Eagan.
9. There was no error in designation of the Site as PF. There has not been a
significant change in circumstances at the Site or surrounding areas since 1962.
10. There is inadequate infrastructure to serve the proposed D -II mixed residential
designation.
11. Traffic from a D -II designated residential development would likely disrupt
existing neighborhoods surrounding the Site.
12. The City has a surplus of property designated as D -II.
13. The current use of the Site is economically viable.
14. Changing the designation to D -II will not enhance the City's goals under its
comprehensive guide plan.
15. By the greater weight of the record and information presented, it is hereby
determined by the City Council of the City of Eagan that an amendment to the
comprehensive guide plan land use section is not warranted.
RESOLUTION
The City Council of the City of Eagan does hereby resolve that the Applicant's
request for an amendment to the comprehensive land use guide plan so as to
designate approximately 120 acres of unplatted property at the E'/ of W'/Z of Section
14, Township 27, Range 23, Dakota County, Minnesota from public facilities to D -II
mixed residential is hereby denied.
Dated at Eagan, Minnesota this 25th day of March, 1996.
CITY OF EAGAN
By: Thomas A. Egan
Its: Mayor
By: E.J. VanOverbeke
Its: City Clerk
0
Agenda Information Memo
April 2, 1996 Eagan City Council Meeting
O. AUTHORIZATION TO SUBMIT GRANT APPLICATION FOR OPEN SPACE
ACTION TO BE CONSIDERED:
To approve a recommendation by the Parks, Recreation and Natural Resources
Commission that the City submit a Natural and Scenic Grant Application to the
Department of Natural Resources in the amount of $100,000 towards acquisition of the
Anderson Parcel adjacent to Patrick Eagan Park.
FACTS:
The Anderson Parcel is approximately 10 acres in size and a priority parcel for park
land acquisition in the Advisory Parks, Recreation and Natural Resources
Commission's list for acquisition.
• The purpose of the grants program is to increase, protect and enhance natural and
scenic areas.
• The Natural and Scenic Grants Program requires at least a 50% local match.
• Eligible projects include fee title acquisition and permanent easement acquisition.
■ Maximum grant award is expected to be between $100,000 and $200,000.
■ The Natural and Scenic Grants Program is funded; state dollars are in place.
Grant submittal deadline is May 1, 1996.
• Projects must be completed by November 1, 1997.
Staff are delaying contact with owners of the parcel, pending City Council action.
• A resolution authorizing the submission of the Grant (attached) is also a requirement.
ISSUES:
The Anderson Parcel is preliminarily assigned for inclusion in the proposed parks bond
referendum. The grant application deadline may be prior to a final delineation of the
scope of the referendum.
�'1
Agenda Information Memo
April 2, 1996 Eagan City Council Meeting
An appraisal of the property is an application requirement.
DISCUSSION:
The Anderson Parcel is proposed as a most likely successful Natural and Scenic Grant
parcel. Its position in relation to Patrick Eagan Park, which may become the City's
"nature" park is of prime consideration.
In that the grant application deadline is May 1 and the Commission and Council may not
have determined a role, if any, for Trust for Public Lands by that date, an appraisal would
need to be initiated by the Department. The Council may wish to assess the risk, if any,
associated with an early appraisal and future purchase price.
Wigg itaPP
Ai TATLHMr-wTS:
CS o � ��-j a+� R N c l uk Ct G►� � .;l `
ITEM 6 - LOCAL GOVERNMENT RESOLUTION
BE IT RESOLVED that the City of Eagan act as legal sponsor for the project contained in the
Natural and Scenic Area Grant Program Application to be submitted on May 1, 1996 and that
Dorothy Peterson is hereby authorized to apply to the Department of Natural Resources for
funding of this project on behalf of the City of Eagan.
BE IT FURTHER RESOLVED that the City of Eagan has the legal authority to apply for
financial assistance, and the institutional, managerial, and financial capability to ensure
adequate acquisition, maintenance and protection of the proposed project.
BE IT FURTHER RESOLVED that the City of Eagan has not incurred any costs, and has not
entered into any written agreements to purchase property proposed by this project.
BE IT FURTHER RESOLVED that the City of Eagan has not violated any Federal, State, or
Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other
unlawful or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of
Eagan may enter into an agreement with the State of Minnesota for the above referenced
project and that the City of Eagan certifies that it will comply with all applicable laws and
regulations as stated in the contract agreement and described in the Compliances section of
the Natural and Scenic Area Grant Program Application.
NOW, THEREFORE BE IT RESOLVED that Dorothy Peterson is hereby authorized to execute
such agreements as are necessary to implement the project on behalf of the applicant.
I CERTIFY THAT the above resolution was adopted by the
on
SIGNED:
WITNESSED:
of _
Agenda Information Memo
April 2, 1996 Eagan City Council Meeting
P. SET PUBLIC HEARING/CERTIFICATION OF
DELINQUENT UTILITY BILLS
ACTION TO BE CONSIDERED:
To receive the list of delinquent utility accounts and to set a public hearing on May 7, 1996, to
certify these bills to the County for collection with property taxes.
FACTS:
• The City currently has 333 delinquent utility accounts representing $46,712.58.
Collection attempts have been made in all cases. Absent payments by the affected
customers, these accounts will be in order for certification for collection of property taxes.
• Additional information will be provided at the public hearing.
'JD
Agenda Information Memo
April 2, 1996 Eagan City Council Meeting
Q. APPROVE PUBLIC SAFETY DISPATCH AGREEMENT:
THE CITY OF EAGAN AND THE CITY OF ROSEMOUNT
ACTION TO BE CONSIDERED:
To approve the public safety dispatch agreement between the City of Eagan and the City of
Rosemount.
FACTS:
An agreement for public safety dispatching services between Eagan and Rosemount was first
effective January 1, 1993.
■ The billing to Rosemount for 1996 will be $41,143.03. This amount is adjusted annually
and reflects a pro -rata share of the cost of operating the Eagan dispatch center.
• The agreement which is a continuation from 1995 contains no significant changes other
than the cost to Rosemount.
ATTACHMENTS:
• Copy of the agreement on pages throug� -
'51
PUBLIC SAFETY DISPATCH AGREEMENT
THE CITY OF EAGAN AND THE CITY OF ROSEMOUNT
THIS AGREEMENT is made and entered into this 16 t h day of J a n u a r y , 1996
by and between THE CITY OF EAGAN, Dakota County, Mi;; rota, (hereinafter "Eagan") and THE
CITY OF ROSEMOUNT, Dakota County, Minnesota, (hereinafter "Rosemount").
WITNESSETH:
WHEREAS, Eagan and Rosemount are authorized by Mmn Stat. §412.221 to establish,
equip, and operate a police department to protect and safeguard life and property and to furnish
police protection in each of the parties' respective municipality; and
WHEREAS, Eagan and Rosemount are authorized by Minn Stat. §436.05 and §471.59 to
enter into this Agreement for the furnishing of police and fire dispatch services by Eagan on behalf
of Rosemount; and
WHEREAS, Rosemount has requested and Eagan has accepted the provision of dispatch
services, subject to the terms and conditions contained herein; and
WHEREAS, police and fire dispatch services by the Eagan Police Department on behalf of
Rosemount are required in order that emergency calls for police and fire services within Rosemount
are effectively received and dispatched to the appropriate Rosemount public safety units; and
WHEREAS, Rosemount acknowledges the benefit to the operation of the Rosemount Police
and Fire Departments by the availability of such dispatch services and determines it is in the best
interest ofRosemount and the public to provide compensation to Eagan for the services referred to .
above.
NOW, THEREFORE, it is mutually agreed by Eagan and Rosemount hereto as follows:
M. W : 11 is • .
Eagan Public Safety Answering Point ("EPSAP") shall dispatch Sunday
through Saturday, 24 hours per day, Rosemount police emergency calls to the
appropriate Rosemount police public safety units via radio or shall relay
emergency calls by telephone to designated telephones when radio
communications cannot be obtained. Rosemount shall install appropriate
9-1-1 telephone lines and radio equipment into the EPSAP for the receiving
and dispatching of emergency police calls as deemed necessary by Rosemount
and shall be solely responsible for the costs incurred therefor.
2. Eagan shall dispatch, Sunday through Saturday, 24 hours per day, Rosemount
fire emergency calls to the extent that EPSAP shall answer emergency calls
and place the calls to the Rosemount Fire Department but shall not undertake
any fire vehicle dispatching for Rosemount Fire Department. Rosemount shall
install appropriate 9-1-1 telephone lines and radio equipment into the EPSAP
for the receiving and dispatching of emergency fire calls as deemed necessary
by Rosemount and shall be solely responsible for any and all costs incurred
therefor.
3. Rosemount shall provide for and answer all its police business office and non-
emergency telephone calls Monday through Friday during the hours of 7:00
a.m. to 7:00 p.m., excluding those days which the City of Rosemount
recognizes as holidays, and shall not cause such telephone calls to be
transmitted to the EPSAP. EPSAP shall be responsible for such calls during
those days and hours not designated above as Rosemount's responsibility.
4. EPSAP personnel shall log all incoming police and fire emergency calls and
set forth the time, date, event, public safety unit dispatched and name of
complainant, when available. An audio -tape of all emergency calls shall be
made and be made available to Rosemount to monitor at a reasonable time at
the EPSAP. Tapes shall be kept on file for twenty-eight (28) days and then
erased, except that tapes shall be kept on file for a longer period upon a
written request from Rosemount for a specific tape.
5. All dispatching services performed and furnished under this Agreement shall
be in accordance with the EPSAP policies and procedures.
6. The acquisition of radio equipment by Rosemount and, any modification
thereto, shall be made at the expense of Rosemount.
7. Any Eagan police or fire personnel acting under this Agreement shall not by
reason thereof be classified as an employee of Rosemount.
B. COMPENSATION AND EXPENSE RERSIB RSEMENT
1. Rosemount agrees to pay Eagan the following monies as and for the police
and fire dispatch services as described in Paragraph a.1. herein:
a. For Calendar Year 1996:
1. The total contractual amount for 1996 services will equal
$41,143.03. Rosemount will remit this amount to Eagan in
January 1996, but no later than 30 days after receipt of
invoice. This amount is comprised of the 1995 billed amount
of $38,024.98 plus $3,118.05, which represents an 8.2%
increase in the operating cost of the Eagan dispatch center.
. Future billings will be adjusted by the percentage of increased
cost of operations for Eagan dispatch. This amount will be
recalculated annually.
2. Rosemount shall reimburse Eagan for any compensatory payments made by
2
5.3
Eagan to its dispatch personnel for court preparation or appearances as
witnesses for Rosemount police or fire dispatching matters.
1. This Agreement shall become effective on January 1, 1996 and shall terminate
on December 31, 1996.
2. In the event Rosemount terminates or otherwise cancels this agreement prior
to its termination date, Rosemount shall, nevertheless, be bound by the terms
ofpayment under this Agreement and shall not be entitled to reimbursement
of any monies paid under this Agreement.
La �:1 1P
1. Rosemount agrees to indemnify, defend and hold Eagan harmless from any
claims, demands, actions, or causes of action arising out of any act or
omission on the part of Eagan or its agents, servants or employees in the
performance of or with relation to any of the work or services performed or
furnished by Eagan under this Agreement. Nothing herein shall be deemed a
waiver by either the city of Eagan or the city of Rosemount of the limitations
on liability set forth in Minnesota Statutes, Chapter 466.
E. ALTERATION OR MODIFICATION OF AGREEMENT
1. Any alteration, variation, modification or waiver of any provision of this
Agreement shall be valid only after it has been reduced to writing and duly
signed by both parties.
2. This Agreement shall constitute the entire Agreement between the parties and
shall supersede all prior oral or written negotiations or agreements relating to
the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first written above.
APPROVED AS TO FORM:
Eagan City Attorney
Dated:
By: Thomas A Egan
Its: Mayor
By: E. J. VanOverbeke
Its: City Clerk
3L
APPROVED AS TO FORM:
Rosemount City Attorney
Dated:
STATE OF MINNESOTA
)ss'
COUNTY OF DAKOTA
CITY OF ROSEMOUNT
WAI
Its: Mayor
On this day of , 1996, before me a Notary Public within and for
said County, personally appeared THOMAS A. EGAN and E. I VanOVERBEKE to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal
affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk
acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
3;50000*0
STATE OF MIIVNESOTA )
) ss.
COUNTY OF DAKOTA )
�h
On this _� day of �-A o c ch . 1996, before me a Notary Public within and for
said County, personally appeared CATHY BUSHO and SUSAN WALSH to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the
City ofRosemount, the municipality named in the foregoing instrument, and that the seal affixed on
behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged
said instrument to be the free act and deed of said municipality.
.
IgKELLI ANR" C'RUND
JaN NOTARY PUB_, N-SOTA
DAKOTA COUNTY
M, cam, EIPues Jan 31 20MI
5(0
Agenda Informazon Memo
April 2, 1996 Eagan City Council Meeting
R. APPROVE PUBLIC SAFETY MOBILE DATA
COMMUNICATIONS SYSTEM AGREEMENT:
THE CITY OF EAGAN AND THE CITY OF ROSEMOUNT
ACTION TO BE CONSIDERED:
To approve the public safety mobile data communications system agreement between the City
of Eagan and the City of Rosemount.
FACTS:
This is the first agreement with Rosemount for this system. The City of Eagan has
similar agreements in place with Apple Valley and West St. Paul. Mendota Heights is
also serviced through the West St. Paul Police Department.
The billing to Rosemount is covered by the fee schedule which is Exhibit A of the
agreement.
• This agreement is similar to the other two agreements although the fee schedule allows
Eagan to recover costs more directly. Certain of the monthly fees are being set aside for
future upgrades to and/or replacement of the system.
ATTACHMENTS:
• Copy of the agreement on pages through A�z
31
PUBLIC SAFETY MOBILE DATA COMMUNICATION SYSTEM AGREEMENT:
THE CITY OF EAGAN AND THE CITY OF ROSEMOUNT
THIS AGREEMENT is made and entered into this 16 t hday o f January , 1996, by and
between THE CITY OF EAGAN, Dakota County, Minnesota, (hereinafter "Eagan") and THE CITY
OF ROSEMOUNT, Dakota County, Minnesota, (hereinafter "Rosemount").
WITNESSETH:
WHEREAS, Eagan and Rosemount are authorized by Minn. Stat. §412.221 to establish,
equip, and operate a police department; and
WHEREAS, Eagan and. Rosemount are authorized by Minn. Stat. §436.05 and 471.59 to
enter into this Agreement for furnishing Rosemount access to the mobile data communication system
("M.D.C.") owned by Eagan for providing Rosemount with M.D.C. capabilities; and
WHEREAS, Rosemount has requested and Eagan has accepted the provision of M.D.C.
system access, subject to the terms and conditions contained herein; and
WHEREAS, Rosemount Police Department's connection to Eagan's M.D.C. system for
M.D.C. capabilities is required in order that Rosemount Police Department's communications
between a Rosemount public safety unit and the Rosemount dispatch center, other Rosemount public
safety units, or the Department of Public Safety are expediently, effectively, and efficiently transmitted
and received; and
WHEREAS, Rosemount and Eagan acknowledge the benefit to the operation of their
respective police departments by the availability of such M.D.C. system capability and it is in the best
interest of Rosemount, Eagan and the public to provide the service referred to above.
NOW, THEREFORE, it is mutually agreed by Eagan and Rosemount hereto as follows:
1. Accessibility to M.D.C. System: Ownership of Components. Eagan shall
provide Rosemount Police Department connection to Eagan's M.D.C. system
24 hours per day, 365 days per year. Rosemount shall acquire and install any
and all mobile data terminals and assorted hardware (collectively "M.D.T.s"),
in accordance with the specifications established by Eagan, to be used by
Rosemount and shall be solely responsible for any and all costs incurred
therefore. Eagan shall retain ownership of the principle M.D.C. system, which
does not include any M.D.T.s acquired by Rosemount Police Department.
38
2. Compliance with FCC Rules and Standards. Rosemount and Eagan agree all
M.D.T. communications made shall be in accordance with all rules and
standards of the Federal Communication Commission ("FCC").
3. FCC License Fee and Costs. Rosemount shall pay a percentage, based on the
number of Rosemount M.D.T.s, of Eagan's FCC license fee, provided Eagan
is required to upgrade its FCC license by reason of Rosemount's connection
to Eagan's M.D.C. system. Rosemount shall pay any FCC fees or costs
incurred by Eagan for any FCC -required information Slings by reason of
Rosemount's connection to Eagan's M.D.C. system, provided Rosemount
shall be responsible only for such Sling fees or costs in proportion to the
number of new Rosemount M.D.T.s, which are added to Eagan's M.D.C.
system and require such filing(s).
4. Software Service Contract Fee. Rosemount shall pay a percentage, based on
the number of Rosemount M.D.Is, of any fee as and for an annual software
service contract as executed by Eagan. Such service contract shall provide
Rosemount software service coverage for its M.D.T.s 24 hours per day, 365
days per year.
5. Hardware Repair Fees. Any and all repairs required for the parties' M.D.T.s
shall be furnished and performed by the repair vendor as specified by Eagan.
Eagan shall advise Rosemount of any repair vendor changes. Each party shall
be solely responsible for any and all costs incurred on each respective party's
own M.D.T. hardware.
6. Base System LZpgradesMnhancements. No upgrades or enhancements to
Eagan's M.D.C. base system may be made without first obtaining the
approval of a majority of the cities connected to Eagan's M.D.C. system. Any
and all upgrades or enhancements to the base system that mutually benefit
Rosemount and Eagan, Rosemount shall pay a percentage, based on the
number of Rosemount M.D.T.s, of the fees or costs for such upgrade or
enhancement. Each party shall be solely responsible for any costs incurred for
any upgrade or enhancement that solely benefits that party.
B. Expense Reimbursement.
l . Rosemount agrees to pay Eagan in accordance with the Fee Schedule attached
and incorporated hereto as Exhibit W, subject to the following conditions:
a. Billing Statement. Eagan shall submit to Rosemount quarterly
itemized billing statements for any service fees due by Rosemount for
the quarter and Rosemount shall pay Eagan within thirty (30) days
following Rosemount's receipt of such statement.
NJ
b. Modification of Fee Schedule. Eagan may modify the Fee Schedule
with such modification commencing January 1 of any year, upon
written notice to Rosemount thereof by January 31 st of the preceding
year. Any modification in accordance herewith shall be deemed
accepted by Rosemount, unless Rosemount objects to the
modification by March 15 of the notification year.
C. Miscellaneous Expenses. Any fees, such as hook-up charges,
modification of programs to accept Rosemount M.D.T.s and
Rosemount members are the responsibility of Rosemount and will be
paid within 30 days of a billing notification.
14010517.".
1. This Agreement shall become effective retroactively on December 30, 1995
and shall terminate on December 31, 1997.
2. Rosemount may terminate this Agreement, provided Rosemount City Council
rejects Eagan's Fee Schedule modification and gives written notice to Eagan
of its intent to terminate this Agreement within 30 days of its rejection of
Eagan's fee modifications.
3. In the event Rosemount terminates or otherwise cancels this Agreement prior
to its termination date, Rosemount shall, nevertheless, be bound by the terms
of payment under this Agreement for any and all fees due up through the end
of the month of termination except any monies paid for the annual software
service contracted shall not be reimbursed to Rosemount.
D. Liabili
1. Rosemount agrees to indemnify, defend and hold Eagan harmless from any
claims, demands, actions or causes of action arising out of any act or omission
on the part of Eagan or its agents, servants or employees in the performance
of or with relation to any of the work or services performed or furnished by
Eagan under this Agreement. Nothing herein shall be deemed a waiver by
either the city of Eagan or the city of Rosemount of the limitations on liability
set forth in Minnesota Statutes_ Chapter 466.
1. Any alteration, variation, modification or waiver of any provision of this
Agreement shall be valid only after it has been reduced to writing and duly
signed by both parties.
2. This Agreement shall constitute the entire Agreement between the parties and
shall supersede all prior oral or written negotiations or agreements relating to
the subject matter hereof.
IN WITNESS VAIMOF, the parties hereto have executed this Agreement on the day and
year first written above.
CITY OF EAGAN
a Minnesota municipal corporation
By: Thomas A. Egan, its Mayor
By: E. J. VanOverbeke, its City Clerk
CITY OF ROSEMOUNT
a Minnesota municipal corporation
By• usan M
,VValsh, its: City Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
On this day of 1995, before me a Notary Public within
and for said County, personally appeared THOMAS A. EGAN and E. J. VANOVERBEKE to me
personally known, who being each by me duly sworn, each did say that they are respectively the
Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that
the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and
Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
On this `Jt"' day of �'�, chc� , 1995, before me a Notary Public within
and for said County, personally appeared Cathy Busho and Susan M. Walsh to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the
City of Rosemount, the municipality named in the foregoing instrument, and that the seal affixed on
behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged
said instrument to be the free act and deed of said municipality.
�� ■ ►►.-2 .l ..ai
s
KEW MINE GRUND
NOTARY PUBLIC - MINNESOTA
DAKOTA COUNTY
MM' CORMS 9 C, Jan. 31 2000.
SEVERSON, WMCOX & SHELDON, P.A
600 Midway National Bank Building
7300 West 147th Street
Apple Valley, Mnmesota 55124
(612) 432-3136
CITY OF EAGAN FEE SCHEDULE:
MOBILE DATA COMMUNICATION SYSTEM ACCESS
BY ROSEMOUNT POLICE DEPARTMENT
SERVICE
1. Coordination/consultation (monthly flat fee) $173.00
2. System Usage (annual fee per Rosemount M.D.T.) $375.00
3. Connection (one-time charge per Rosemount M.D.T.) $200.00
4. Software Service Contract % of M.D.T.s owned by
Rosemount
5. Base System Upgrades/Enhancement % of M.D.T.s owned by
Rosemount
6. FCC Fees and Costs
a. License Fee % of M.D.T.s owned by
Rosemount
b. FCC Information Filings % of new M.D.T.s owned by
Rosemount
7. Miscellaneous Expenses As and when billed within
30 days
�, 3
Agenda Information Memo
April 2, 1996 Eagan City Council Meeting
S. CHANGE ORDERS. MUNICIPAL CENTER BUILDING PROJECT
ACTION TO BE CONSIDERED:
To approve change orders in the amount of $11,260.15 for the Municipal Center Project as
presented.
FACTS:
• Paper work on change orders is being received in an effort to close out the Municipal Center
Project. Staff is requiring that extra charges be backcharged to the responsible party whenever
possible.
ATTACHMENTS:
• Staff memorandum on pages � through .
44
city of ea±gan
MEMO
TO: CITY ADMINISTRATOR HEDGES
FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN (j4t
DATE: MARCH 21, 1996
SUBJECT: MUNICIPAL CENTER EXPANSION CHANGE ORDERS
The City is in receipt of fourteen change orders for the municipal center remodeling in the
net amount of $11,260.15. The changes are described below:
1. The Builders - Change Order #17/pco #102 - Backcharges for refinishing and
delete northwest camera cavity - ($157.00).
2. The Builders - Change Order #16/pco #93 - Remove carpet for other contractor,
cost backcharged - $87.00.
3. The Builders - Change Order # 14/pco #82 - Repair existing ceiling in community
room, cut doors due to existing floor elevations, modify projection screen enclosure
and temporary enclosures to be backcharged - $1714.00.
4. The Builders - Change Order #11 /pco #79 - Additional roof blocking for curtain
wall detail, plywood backing for television equipment mounts and add steel tubing
to support lobby banister - $911.00.
5. Larson -Berry - Change Order #2/pco #94 - Repair existing roof leaks and add
metal finish detail at main entrance - $1,979.50.
6. Mulcahy - Change Order #11 /pco #96 - Install gypsum ceiling in kitchen for health
code, add and relocate access panels and revise wall details to match existing
condition - $2,055.00.
7. Mulcahy - Change Order #8/pco #77 - Revise bannister framing to accommodate
steel supports, repair and finish gypboard wall in mechanical room and patch holes
in deck to be backcharged - $1,158.00.
8. Mulcahy - Change Order #3/pco #29 - Infill elevator door opening with fire rated
wall - $280.00.
9. Ceilings Inc. - Change Order #4/pco #92 - Furnish and install mounts for lights in
gypboard kitchen ceiling - $175.00.
10. Resche's Tile - Change Order #4/pco #110 - Furnish work for other flooring
contractor, to be backcharged - $42.50.
11. McGuire Mechanical - Change Order #9/pco #75 - Revise kitchen sink detail, add
drain valve for irrigation system and backcharges for damaged ceiling tile, masonry
infills in existing walls and cleaning for carpet installation - $194.50.
12. Arrow Sprinkler - Change Order #3/pco #69 - Relocate sprinkler heads and lines
for owner's equipment - $350.00.
13. McGuire Mechanical - Change Order #11/pco #106 - Repair pipe coverings at
penetrations of existing walls - $2,227.00.
14. Wasche Interiors - Change Order #2/pco #70 - Repaint doors after modifications
and repaint walls to be backcharged - $243.65.
These changes have been reviewed in detail by the consultants and staff. If any Council
member wishes additional information, please let me know.
Agenda Information Memo
April 2, 1996 Eagan City Council Meeting
T. APPROVE EXEMPTION FROM LAWFUL GAMBLING LICENSE
VALLEY VIEWERS 4-H CLUB
ACTION TO BE CONSIDERED:
To approve a resolution exempting the Valley Viewers 4-H Club from a lawful gambling license.
FACTS:
Valley Viewers 4-H Club has applied for an exemption from a lawful gambling license
in order to operate bingo games in conjunction with the Fourth of July Celebration.
• The Eagan Police Department has reviewed the application and has not identified any
reason to deny it.
ATTACHMENTS:
• Attached on page 4 is a copy of the resolution.
• Attached without page number for the Council's information is a copy of the application
for authorization for an exemption from a lawful gambling license.
RESOLUTION
CITY OF EAGAN
APPLICATION FOR EXEMPTION FROM
LAWFUL GAMBLING LICENSE
WHEREAS, the Valley Viewers 4-H Club has applied for an exemption from
Lawful Gambling License; and
WHEREAS, the Eagan Police Department has reviewed the application and has
not identified any reason to deny; and
WHEREAS, the Valley Viewers 4-H Club has operated bingo games in
conjunction with the Fourth of July celebration since 1988;
NOW, THEREFORE, BE IT RESOLVED that the City of Eagan, Dakota
County, Minnesota, hereby approves the Exemption from Lawful Gambling License for Valley
Viewers 4-H Club.
Motion made by:
Seconded by:
Those in favor:
Those against:
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
CERTIFICATION
I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 2nd
day of April, 1996.
E. J, VanOverbeke, City Clerk
City of Eagan
Agenda Information Memo
April 2, 1996
U. EASEMENT VACATION, EAGANDALE OFFICE PARK
ACTION FOR COUNCIL CONSIDERATION: To receive the petition to vacate a drainage and
utility easement along the east line of Lot 1, Block 2, Eagandale Office Park and schedule a public
hearing to be held on May 7, 1996.
FACTS:
• Staff has received a petition from MEPC American Properties, Inc., requesting the vacation of
a common lot line drainage and utility easement over the east line of Lot 1, Block 2, Eagandale
Office Park.
• All application materials have been reviewed and found to be in order for Council consideration
of scheduling a public hearing to formally discuss any concerns associated with vacating this
public easement.
Agenda Information Memo
April 2,1996
V. 1996 WATER UTILITY ENTERPRISE BUDGET ADD-LTSTMENT
ACTION FOR COUNCIL CONSIDERATION: To approve an adjustment to the 1996 Water
Utility Enterprise Budget of $26,000 for a reservoir antenna site survey.
FACTS:
• Subsequent to the preparation and adoption of the 1996 Water Utility Enterprise Budget, the City
was approached by three vendors of Personal Communications Systems (PCS) requesting to lease
space on all five of the City's reservoirs to install antenna panels and related switching control
facilities.
• The combination of vendors and applicants results in the need to create and enter into twelve
separate lease agreements. In order to accurately identify the location of the leased space on both
the reservoir tank and the ground, it is necessary to perform a site survey of all existing facilities
to avoid any potential conflicts between the applicants and/or existing public and private users
of these reservoir sites.
• The staff has obtained estimates to perform this work for each reservoir. In order to complete
this site survey, it would be appropriate for the Council to adjust the 1996 budget to
accommodate this unanticipated expenditure. It is expected that each reservoir lease will generate
approximately $12,000 per year of revenue which can be used to offset the initial expense of this
site survey.
ATTACHMENTS:
• Reservoir Antenna Site Survey Work Program Scope of Services, pages S / through S —3
S -D
RESERVOIR ANTENNA SITE SURVEY
WORK PROGRAM
The City of Eagan is in the process of negotiating lease agreements with several
vendors of Personal Communications Systems (PCS) for the installation of antenna
on all five City reservoirs. In order to determine to what extent the City can
accommodate these installations and their potential compatibility with existing
public/private antenna facilities and adjacent property owners, it is necessary for the
City of Eagan to have a detailed survey done to accurately locate existing facilities
and have the ability to provide a legal description for leasing space for future facilities.
Therefore, the following work should be performed for each of five reservoir sites.
SCOPE OF SERVICES (see Exhibit A)
a Prepare a detailed site survey of the attached list of locations establishing the latitude and
longitude through a Global Positioning Station (GPS) survey.
• Establish a base elevation for each identified facility. The base elevation should be referenced to
Mean Sea Level (MSL) of the ground elevation at the foundation or principal at -grade entrances.
If the facility has multiple level entrances, identify only the lowest and highest entrance ground
elevations.
0 Identify the highest elevation of the structure and/or flat roof elevation.
• Prepare a site survey of each location identifying all overhead and/or underground utilities,
easements of record, access roads, significant trees, auxiliary structures and ground elevation (to
the nearest 1.0 ft.) ofthe legally described parcel or within a 100 ft. radius as measured from the
exterior of the structure, whichever is less. Establish a coordinate grid of the site at 5.0 ft.
intervals with the north and west grid line equal to 0.
• Establish a coordinate grid system at 1.0° intervals for azimuth orientation for all top and side
surfaces, a 2.0 ft. radial interval for roof top structure and 2.0 ft. vertical interval for structure
sides. (ground/base elevation= 0).
Prepare drawings showing both plan and profile on one sheet with horizontal scale of 1 inch
equals 50 feet and vertical of 1 inch equals 10 feet. Drawing shall incorporate the base grid
coordinate system and a scale representation of all existing requested information.
• Accurately reference the location of all existing facilities by providing the following:
a. Footings/foundation size of auxiliary structures
b. Elevation and construction material description of auxiliary structures
c. Location, type and size of screening/buffer landscaping
d. Grid location (azimuth, elevation) of existing antenna facilities as measured at its base
e. Size and description of antenna (i.e. 1' x 8' panel, 6' whip'h" diameter, etc.)
57(
It is estimated that the cost for the file research, field surveys and drawing preparation will
cost approximately $5,300 per reservoir site. This information will allow the City to prepare
lease agreements limiting the City's exposure and generating annual rental revenues of
approximately $12,000/year per site per vendor. All five reservoirs will have at least three
vendors located on them. The Public Works Department feels that this proposed work
program will have a very good investment return.
Therefore, it is respectfully requested to have the 1996 Water Utility Enterprise Budget (#61) for
Professional Services (#4312) adjusted to accommodate this proposed expenditure of $26,000.
Prepared by,
Thomas A Colbert, P.E.
Director of Public Works
TACfj
cc: Wayne Schwan, Superintendent of Utilities
Mike Foertsch, Assistant City Engineer
Attachment: Exhibit "A"
March 29,1996
TACV&Iwwm.0
Sa-
J
RES -ERV -011P, 1#']11 Mi 1a iiI,:E-'11:1'1
W
O
CL
0
X
X
X
O
Q
y
t
X
X
X
X
X
X
Z
O
LUW
g
�
1. Sperry Tower
X
X
2. Yankee Doodle Reservoir
X
X
3. Lexington Reservoir
X
X
4. Deerwood Reservoir
X
X
5. Safari Reservoir
X
X
W
O
CL
0
X
X
X
O
Q
y
t
X
X
X
X
X
X
Agenda Information Memo
April 2, 1996 Eagan City Council Meeting
A. INDUSTRIAL DEVELOPMENT REVENUE BONDS -
PNP. L.L.PJMASTER MECHANICAL, INC.. PROJECT
ACTION TO BE CONSIDERED:
To close the public hearing and approve or deny
the project and authorizing the submission of an
Minnesota Commission of Trade and Economic
documents,
FACTS:
the resolution giving preliminary approval to
application for approval of the project to the
Development and preparation of necessary
At the March 4, 1996 meeting, the City Council approved a resolution setting this public
hearing for April 2, 1996.
• The City's Economic Development Commission reviewed the application at its meeting
held March 28, 1996. While they were not asked to make a specific recommendation,
their consensus was that the project is an appropriate use of this financing tool. They felt
that the project was appropriately located, would add relatively high paying jobs and
would be an asset to the community.
• As the City Council is aware, this type of funding has not been available for projects
being built in Eagan. Consequently, Eagan guidelines were last amended in April of
I985. The project application does appear to be consistent with those guidelines.
• The City has not previously charged IDB projects beyond a $500 application fee and out
of pocket costs instead gaining benefit from the increased tax and employment base.
Multi -family housing revenue bonds on the other hand are required to pay 1/8 of 1% on
the outstanding principal balance each year.
Is Staff has completed a brief review of the company's financial information and found no
reason to not approve the application from a financial standpoint.
• The City's bond counsel will be reviewing all documents on behalf of the City.
• Mr. Gordon Peters will be at the City Council meeting to answer any questions.
ATTACHMENTS:
Information sheet regarding the a plicant on a esS01
.Land.
Proposed resolution on pages through
1.
2.
3.
745372.2
Information With Respect To
PNP, LLP./Master Mechanical, Inc. Project
Borrower: PNP, L.L.P., a Minnesota limited liability partnership
901 East 79th Street
Bloomington, MN 55420
Attn: Gordon Peters
Phone: 851-9911, Extension 222
Fax: 851-9906
Tenant: Master Mechanical, Inc., a Minnesota corporation
901 East 79th Street
Bloomington, MN 55420
Attn: Gordon Peters
Phone: 851-9911, Extension 222
Fax: 851-9906
Project Description:
Acquisition, construction and equipping of an approximately 29,000 sq. ft.
facility for the manufacture of duct work systems and other sheet metal
manufacturing. The Project will be located on 2.443 acres of land on the northwest
comer of the intersection of Neil Armstrong Boulevard and Gemini which is owned
by the Borrower and will be leased to Master Mechanical, Inc. The land is currently
zoned to accommodate this use. The Borrower expects to start construction in May
1997 and complete in November, 1997.
Project Costs:
The Borrower will seek tax exempt industrial development bond financing in
an amount not to exceed $1,000,000. The estimated Project costs are:
Construction of Building and Improvements $ 750,000
Installation of Fixtures and Equipment 250,000
Cost of Issuance 25,000
Total: $1,025,000
4. Project Employment:
The Tenant currently employs 20 people at its Bloomington location.
Following completion of the Project, the Tenant will employ 35 people (an increase
of 15) with an estimated payroll increase of approximately $675,000. In addition, the
Tenant estimates that 10 more employees will be hired within one year following
completion of construction.
5. Proposed Financing:
The proposed financing will consist of up to $1,000,000 in tax exempt industrial
development bonds issued by the City of Eagan pursuant to Minnesota Statutes,
Section 469.152 through .165.1. The proposed bonds would not constitute a debt of
the city or be payable from any funds of or taxes levied by the City but would be
payable solely from amounts paid by the Borrower.
The Borrower will agree to pay all costs and expenses of the City in connection with
the proposed financing.
745372.2
J yy00
RESOLUTION RECITING A PROPOSAL FOR AN
INDUSTRIAL DEVELOPMENT PROJECT
GIVING PRELIMINARY APPROVAL TO THE PROJECT
PURSUANT TO THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
AND AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR APPROVAL OF THE PROJECT TO THE
MINNESOTA COMMISSIONER OF TRADE AND ECONOMIC
DEVELOPMENT AND PREPARATION OF NECESSARY
DOCUMENTS (PNP, L.L.P./MASTER MECHANICAL, INC. PROJECT)
WHEREAS,
(a) The purpose of Minnesota Statutes, Sections
469.152 to 469.165 known'as the Minnesota Municipal Industrial
Development Act (the "Act") as found and determined by the
legislature is to promote the welfare of the state by the active
attraction and encouragement and development of economically sound
industry and commerce to prevent so far as possible the emergence
of blighted and marginal lands and areas of -chronic unemployment;
(b) Factors necessitating the active promotion and
development of economically sound industry and commerce are the
increasing concentration of population in the metropolitan areas
and the rapidly rising increase in the amount and cost of
governmental services required to meet the needs of the increased
population and the need for development of land use which will
provide an adequate tax base to finance these increased costs and
access to employment opportunities for such population;
(c) The City Council of the City of Eagan (the
"City') has received from PNP, L.L.P., a Minnesota limited
liability partnership (the "Company") and Master Mechanical, Inc.,
a Minnesota corporation (the "Tenant") a proposal that the City
undertake to finance a Project hereinafter described, through the
issuance of revenue bonds (hereinafter the "Bonds" or the "Revenue
Bonds") pursuant to the Act;
(d) The City desires to facilitate the selective
development of the community, retain and improve the tax base and
help to provide the range of services and employment opportunities
required by the population; and the Project will assist the City in
achieving those objectives. The Project will help to increase
assessed valuation of the City and help maintain a positive
relationship between assessed valuation and debt and enhance the
image and reputation of the community;
(e) The Tenant is currently engaged in the
manufacture of duct work systems. The Project to be financed by
the Revenue Bonds is the acquisition, construction and equipping of
an approximately 29,000 sq. ft. manufacturing facility to be
located on approximately 2.443 acres of land at the northwest
corner of the intersection of Neil Armstrong Boulevard and Gemini
745583.2 S7
in the City. The Tenant currently employs 20 people at its
existing facility in Bloomington and expects to increase employment
to 35 people following completion of construction;
(f) The City has been advised by representatives of
Company that conventional, commercial financing to pay the capital
cost of the Project is available only on a limited basis and at
such high costs of borrowing that the economic feasibility of
operating the Project would be significantly reduced;
(g) Pursuant to a resolution of the City Council
adopted on March 4, 1996,. the City held a public hearing regarding
the Project on April 2, 1996, as required by Section 469.154, Subv.
4 of the Act, at which public hearing all those appearing who
desired to speak were heard and any written comments were accepted;
and
(h) No public official of the City has either a
direct or indirect financial interest in the Project nor will any
public official either directly or indirectly benefit financially
from the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Eagan, Minnesota, as follows:
1. The Council hereby gives preliminary approval to the
proposal of Company that the City undertake the Project pursuant to
the Act, consisting of the acquisition and installation of
equipment within the City pursuant to Company's specifications
suitable for the operations described above and to a revenue
agreement between the City and Company upon such terms and
conditions with provisions for revision from time to time as
necessary, so as to produce income and revenues sufficient to pay,
when due, the principal of and interest on the Bonds in the total
principal amount of approximately $1,000,000 to be issued pursuant
to the Act to finance the acquisition and installation of the
Project; and said agreement may also provide for the interest of
Company therein to be pledged to the purchaser of the Bonds; and
the City hereby undertakes preliminarily to issue its Bonds in
accordance with such terms and conditions.
2. On the basis of information available to this Council it
appears, and the Council hereby finds, that the Project constitutes
properties, real and personal, used or useful in connection with
one or more revenue producing enterprises engaged in any business
within the meaning of Subdivision 2(a) of Section 469.153 of the
Act; that the Project furthers the purposes stated in Section
469.152; that the availability of the financing under the Act and
willingness of the City to furnish such financing will be a
substantial inducement to Company to undertake the Project, and
that the effect of the Project, if undertaken, will be to encourage
the development of economically sound industry and commerce, to
assist in the prevention of the emergence of blighted and marginal
745583.2 S -F
land, to help prevent chronic unemployment, to help the City retain
and improve the tax base and to provide the range of service and
employment opportunities required by the population, to help
prevent the movement of talented and educated persons out of the
state and to areas within the State where their services may not be
as effectively used, to promote more intensive development and use
of land within the City and eventually to increase the tax base of
the community.
3. The Project is hereby given preliminary approval by the
City subject to approval of the Project by the Minnesota Department
of Trade and Economic Development ("DTED"), and further subject to
final approval by this Council, Company, and the purchaser of the
Bonds as to the ultimate details of the financing of the Project.
4. The Mayor of the City is hereby authorized and directed to
submit the proposal for the Project to DTED requesting its approval
and requesting allocation of federal bonding authority for the
Project. Other officers, employees and agents of the City are
hereby authorized to provide DTED with such information as it may
require.
5. Company has agreed and it is hereby determined that any
and all costs incurred by the City in connection with the financing
of the Project whether or not the Project is carried to completion
and whether or not approved by DTED will be paid by Company.
6. Briggs and Morgan, Professional Association, acting as
bond counsel, is authorized to assist in the preparation and review
of necessary documents relating to the Project, to consult with the
City Attorney, Company and the purchaser of the Bonds as to the
maturities, interest rates and other terms and provisions of the
Bonds and as to the covenants and other provisions of the necessary
documents and to submit such documents to the Council for final
approval.
7. Nothing in this resolution or in the documents prepared
pursuant hereto shall authorize the expenditure of any municipal
funds on the Project other than the revenues derived from the
Project or otherwise granted to the City for this purpose. The
Bonds shall not constitute a charge, lien or encumbrance, legal or
equitable, upon any property or funds of the City except the
revenue and proceeds pledged to the payment thereof, nor shall the
City be subject to any liability thereon. The holder of the Bonds
shall never have the right to compel any exercise of the taxing
power of the City to pay the outstanding principal on the Bonds or
the interest thereon, or to enforce payment thereof against any
property of the City. The Bonds shall recite in substance that the
Bonds including interest thereon, are payable solely from the
revenue and proceeds pledged to the payment thereof. The Bonds
shall not constitute a debt of the City within the meaning of any
constitutional or statutory limitation.
745583.2 5
S. In anticipation of the approval by DTED and the issuance
of the Bonds to finance all or a portion of the Project, and in
order that completion of the Project will not be unduly delayed
when approved, Company is hereby authorized to make such
expenditures and advances toward payment of that portion of the
costs of the Project as Company considers necessary, including the
use of interim, short-term financing, subject to reimbursement from
the proceeds of the Bonds if and when delivered but otherwise
without liability on the part of the City.
Adopted by the City Council of the City of Eagan, Minnesota,
this 2nd day of April, 1996.
Attest:
City Clerk
745563.2
Mayor
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF EAGAN
I, the undersigned, being the duly qualified and acting
Clerk of the City of Eagan, Minnesota, DO HEREBY CERTIFY that I
have compared the attached and foregoing extract of minutes with
the original thereof on file in my office, and that the same is a
full, true and complete transcript of the minutes of a meeting of
the City Council of said City duly called and held on the date
therein indicated, insofar as such minutes relate to a resolution
giving preliminary approval to an industrial development project.
WITNESS my hand this day of , 1996.
City Clerk
745583.2 (�l
Agenda Information Memo
April 2, 1996 Eagan City Council Meeting
A. FINAL PLANNED DEVELOPMENT FINAL SUBDIVISION AND VACATION
OF PONDING EASEMENT - OPUS CORP. (EAGAN PROMENADE)
ACTIONS TO BE CONSIDERED
To approve a Final Planned Development for Lot 8, Block 2, Eagan Promenade.
To approve a Final Subdivision (Eagan Promenade) consisting of 11 lots and one outlot on
120 acres located north of Yankee Doodle Road, east of I -35E, and west of Lexington
Avenue.
To approve a Vacation of Ponding Easement Document 698968.
FACTS:
► Final plans, development contract, the Final Planned Development Agreement, and all other
associated documents, are undergoing final revisions at this time. It is anticipated that all
documents will be in order for the April 2, 1996 City Council meeting.
On March 4, 1996, the City Council held a public hearing to consider vacating Ponding
Easement Document 698968 within the Eagan Promenade development. The public hearing
was closed and the City Council continued consideration of approval to be concurrent with
approval of the Final Subdivision. All replacement easements have been provided with the
Final Plat.
ISSUES:
► There are a couple of remaining issues regarding financial guarantees that Opus Corporation,
the City Attorney, and staff are working to satisfactorily resolve prior to the April 2 City
Council meeting. If there are remaining issues that require City Council input, a
supplemental memo will be included with the informational portion of the packet.
BACKGROUND/ATTACHMENTS (3)
Plat map, page 3.
Site plan, page
Easement vacation information, pages 4 4rthrough �.
ce
.� h 9wf Tar m ai7o.� _..•. ..•, eeelpwf:t �.
•.s..rt.os �
-- — — — — —�._' •wr -•' a ^I, -=-T
i' '� a �1 _ ,eter •.o.ct.os �L. � + !u..aasl ; '�' / I � �tl ill 1. I
-C
t 1
—r — • - t.,,c ��::..� � _ �'' 'IAC I
�� fir\ �.. � _; '` `� 4 `~ t` •� •.�r._-� � '1 R I
-- •UVJ J _ 1` ^ ►+: � � Irt�}'y; � �� ' -. _ 3avr�raad �,r� e i� e I
1 ,� � I � ,�- � �j: q.11l _t_ �:.• r�r' r .,.err 7'r":' er:n r. «.«--•� I, I I
C� � \-,` i � _ _ 1eljl�+y. •4.. j .h, � ,e �;;1�� I it � I
;' �t l� •�•� 'WL Illi; Fee� "� .� c"�L — I�tI1 I
W - I 1 �.•^ ` ll; 1 1;) '&��� .F;.=:� Y 111
Q I * j•; /; _ .�'" ,1!1.r' 111
WI ,y t�„\ •5 X1.17' i11 �e�.a�,•Il l'
Tl
en II 'r. I
`y�+i*
V ;A.
i lilt! ii, , �?+ �C ;�a fi17'1 •q1
I 1; I I 11t_ 7' . +►t
z •s ,.i�;w .y�,l I1
I P �_w, r� : l 1 •8I
�!\ ';� 11'd 4� �• ��� Ili. i �s
I •�i ' ire ”" S N 1 1
5 111 r; I I I
t 1 S` • Ea � I t
it
4 } 31ti3AV At.81
+i
L~: •�NN.
y �•�`� �` I 1 I. ` , .•� 1 t�I � � TI� � • 's i I .wwao
1 1
I {
' r X11 _� ! i�til
A L --------------- - -- - 1 n>r, , 6 s
iS
LU
1•,• _ I1:
,' V ' 1V VIv1•r
la
J, 171117
-77 IL
PROPOSED PONDING
I AREA OF
PROPOSED VACATION
I rte- C rwl �
LLJ
sna
yta
'lu
izi 16I
jjll ,
=i� YANKEE DOODLE ROAD
c Ity of eagan
PUBLIC
WORKS CP
DEPARTMEN
r.RK :NC -
i
approved: standard
plate #:
VA CA T/OYV SKETCH FOR:
OPUS CORPORATION
We hereby certify that this sketch, plan or report was prepared by
me or under my direct supervision and that I am a duly Registered
Land Surveyor under the laws of the State of Minnesota.
Dated this 25th day of anuary, 1996
Edward H. Sunda. R.L.S. Minn. Reg. No. 8612
7NUNE OF THE SE 1/4 OF
THE SW 1/4 OF SEC. 10
.�` � , 5000-
o '
LI
cd
p W
rn Z �mQi 8 N$
r
a'm
Wz<
� ( z
_ I
4J � ! 3
C5 EASEMENT FOR PONDING PURPOSES o ml
o
= $ o$ PER DOC. NO. 69MB �oP N J ;
.. TO BE VACATED a •po j
o`er .W
^J h ." • t1/ N
=z o
Jr/
,
N �
CJ / 00•w w
760 U-
,,/ . X45• �wli
F- a --- N89'e8'00•W 238.73 -
C� W (Nft•5W12"M)
sj n N. UNE OF THE S. 5558.73 FT. OF THE Z o
,a SE 1/4 OF THE SW 1/4 0
S. UNE OF THE SW 1/4 OF
SEG 10, ,TWP. 277,, RGE. 23 '' J
LJ� 1► G-� Wim—— N
Agenda Information Memo
April 2, 1996
A. CONTRACT 96-10, YANKEE DOODLE ROAD - BRIDGE WIDENING
ACTION FOR COUNCIL CONSIDERATION: To receive the bids for Contract 96-10 (Yankee
Doodle Road - Bridge Widening), award the contract to the lowest responsible bidder, and authorize
the Mayor and City Clerk to execute all related documents.
FACTS:
On March 4, the Council approved the plans and specifications for the above -referenced contract
and authorized the advertisement for competitive bid solicitation.
Before the City Council proceeds with formally awarding this contract, the development
agreement for the Eagan Promenade and the Cost Participation Agreement with Dakota County
should be previously approved. The appropriate State and Federal approvals have already been
received.
At 11:00 a.m., on Friday, March 29, formal bids were received, tabulated and a comparison of
the low bid was made to the estimate contained in the feasibility report presented at the public
hearing on January 16, 1996. All bids will be checked for compliance to the bid specification
documents and any errorstomissions will be so noted at the April 2 meeting.
ATTACHMIENTS:
• Summary bid tabulation will be included with the Additional Information Packet.
Agenda Information Memo
April 2, 1996
ACTION TO BE CONSIDERED:
► To approve or deny a Waiver of Subdivision to separate 5.29 acres from 33.268 acres for
individual ownership located north of Deerwood Drive and west of Murphy Parkway in
the NW 1/4 of Section 21, subject to the two conditions listed in the staff report.
FACTS:
► The property contains two single-family residences and several outbuildings. The second
house was constructed on the property in 1986 with City Council approval, however, a
Waiver of Subdivision was not processed at that time.
► The proposed Waiver of Subdivision will enable a transfer of title for the 5.29 acre
portion of the property from the owners, Leo and Ardelle Murphy, to their son, Kevin
Murphy, who currently resides in the house which is located on this portion of the
property.
► The APC conducted a public hearing on this proposed Waiver of Subdivision at its
regular meeting on March 26, 1996, and recommends approval of the Waiver of
Subdivision , subejct to the two conditions in the staff report.
ISSUE:
► Leo Murphy has requested that the City waive the fees associated with the Waiver of
Subdivision. The City received a $300 application fee, no escrow is required for a
single-family Waiver of Subdivision and none was received. Mr. Murphy's letter
pertaining to this request is attached for your review.
BACKGROUND/ATTACHMENTS (3):
APC minutes of March 26, 1996, pa es Oithrough'O�Z>
Staff report, pages through.
Leo Murphy letter, pages ?ff througb,5?.
MINUTES OF A REGULAR MEETING OF THE
EAGAN ADVISORY PLANNING COMMISSION
EAGAN, MIT NESOTA
MARCH 26, 1996
PUBLIC HEARINGS
WAIVER OF SUBDIVISION - LEO &KEVIN MURPHY
Chairman Miller opened the first public hearing of the evening regarding a Waiver
of Subdivision to separate 5.29 acres from 33.268 acres for individual ownership located
north of Deerwood Drive and west of Murphy Parkway in the NW%+ of Section 21.
Associate Planner Dudziak introduced this item. Ms. Dudziak highlighted the
information presented in the City staffs Planning Report dated March 20, 1996. Ms.
Dudziak noted the background and history, the existing conditions and the surrounding
uses of the subject property. Ms. Dudziak further outlined the City staffs evaluation of
Page 2
March 26, 1996
ADVISORY PLANNING COMMISSION
the proposed waiver of subdivision, noting that no new development is proposed and no
physical impact on the surrounding area will result from the proposed waiver.
The applicant was not present at the time of the public hearing but later appeared
during the Commission meeting at 6:55 p.m.
Member Heyl acknowledged that the Commission has routinely approved waiver
of subdivisions under similar circumstances and for similar reasons. She further stated
that with any further division of the property in the future it will be back before the
Commission for its review.
Member Heyl moved, Member Burdorf seconded, a motion to recommend
approval of a Waiver of Subdivision to separate 5.29 acres from 33.268 acres for
individual ownership located north of Deerwood Drive and west of Murphy Parkway in
the NWl/4 of Section 21, subject to the following conditions:
1. This Waiver of Subdivision for Parcel 10-02100-013-28 shall be recorded
with the Dakota County Recorder's Office within 60 days of City Council approval.
2. The applicant shall provide a joint driveway easement agreement to be
reviewed and approved by the City Attorney, and recorded with the Dakota County
Recorder's Office with the Waiver of Subdivision.
All approved in favor.
�0
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 20, 1996
APPLICANT: Kevin Murphy
PROPERTY OWNER: Leo and Ardelle Murphy
REQUEST: Waiver of Subdivision
LOCATION: NW 1/4, Section 21
COMPREHENSIVE PLAN: D -II, Mixed Residential
ZONING: A (Agricultural)
CASE #: 21-W-1-2-96
HEARING DATE: March 26, 1996
PREPARED BY: Pam Dudziak
An application has been submitted requesting a Waiver of Subdivision in order to split
Parcel 013-28, NW 1/4 of Section 21, into two parcels. The site is located north of
Deerwood Drive and I -35E, and south of Blackhawk Park. No new development will be
occurring as a result of this request.
y . w za I ra 3[41 t
City Code Section 13.02, Subd. 2, Council Waiver, states :
The Council, after review by the Planning Commission or after staff review and
approval of duplex lot splits, may waive compliance with any of the provisions
of this Chapter by adoption of a resolution after compliance with waiver
provisions of this Chapter which resolution shall specify which provisions have
been waived in any case:
1. In which compliance will involve an unnecessary hardship
and where failure to comply does not interfere with the
purpose of this Chapter; or,
2. Where an improved plat can be achieved by deviation from
certain provisions of this Chapter.
71
Planning Report - Murphy Waiver
March 26, 1996
Page 2
The entire site is approximately 33 acres in size and contains two single-family residences
and several outbuildings including a barn. The city's entrance to Blackhawk park extends
across the northeast comer of the property and effectively divides the northeast comer from
the remaining property.
The property is owned by Leo and Ardelle Murphy, parents of the applicant, Kevin Murphy.
In 1986 a second house was constructed on this parcel. The Murphy's received City Council
approval to construct the second house and a waiver of subdivision was not processed at that
time. Kevin Murphy now resides in the house which is located on the 5.29 acre parcel to be
created (Parcel B). The applicant and owner wish to execute the waiver of subdivision at this
time to legally separate a lot containing the applicant's residence from the balance of the
parcel so that it can be conveyed from Leo and Ardelle Murphy to Kevin Murphy.
The property is located north of Deerwood Drive, just west of I -35E. It is zoned A,
Agricultural, and is actively farmed. The site generally slopes down to the northeast. The
south and east portion of the site contain trees and wooded areas. A line of coniferous trees
on the south edge of the property serves to screen the property from the street. The property
contains two single family houses and garages, a several outbuildings. There is also some
outdoor storage of vehicles and farm equipment on the property.
The following existing uses, Zoning, and Comprehensive Guide Plan designations surround
the property:
North - Blackhawk Park, Zoned PK (Parks), Guided P (Parks)
South - Deerwood Drive/Murphy Parkway/1-35E;
South of Deerwood Drive is property zoned A
East - Blackhawk Pond, Zoned PD, Guided D -I
West - Cedar Grove No. 8, Zoned R-1, Guided D -I
EVALUATION OF REQUEST
Lg;SiThe Agricultural district requires a minimum lot area of five acres and, a minimum
lot width of 300 feet. Both proposed lots satisfy these minimum requirements.
Setbacks - The Agricultural district requires minimum setbacks of thirty feet for the front,
rear and side yards for the dwelling unit and five feet for accessory structures for the side
Planning Report - Murphy Waiver
March 26, 1996
Page 3
yard. All structures on the property exceed these minimum setbacks from existing and
proposed lot lines, and no new structures are proposed. `
Gradin - The applicant does not propose any grading or construction associated with this
division of property.
Access/Street Design - Street access is currently provided to this property from Murphy
Parkway. There is currently one driveway off Murphy Parkway which serves both houses
and this access will be maintained. Cross easements for the joint driveway will need to be
provided.
Storm Drainage/WaterQuality - No storm sewer or water quality improvements are proposed.
The site drains to BP -29.1 and then to Blackhawk Lake which is classified as a Class 1 direct
contact water body on the city's Water Quality Management Plan.
Utilities - The existing houses are served by private well and septic. No utility extensions are
being proposed by the applicant or owner at this time as part of this lot division. Sanitary
sewer and water main was stubbed to this property with construction of Murphy Parkway.
There is no grading, construction or utility improvements associated with this proposal, and
any further subdivision of the property would be subject to typical Subdivision Regulations
and other Code requirements. The proposed waiver will have no physical impact on the
surrounding area and is requested by the owner and his family to enable a transfer of title for
a portion of the property.
To recommend approval or denial of the Waiver of Subdivision for PID 410-02100-013-28.
If approved, the following conditions will apply:
1. This Waiver of Subdivision for parcel 10-02100-013-28 shall be recorded with the
Dakota County Recorder's Office within 60 days of City Council approval.
2. The applicant shall provide a joint driveway easement agreement to be reviewed and
approved by the City Attorney, and recorded with the Dakota County Recorder's
Office with the Waiver of Subdivision.
?3
FINANCIAL OBLIGATION - 21-W-1-2-96 10-02100-013-28
There are levied assessments with an unpaid balance of $23,256 which will be allocated to the
parcels created by this waiver of plat.
There are deferred "Green Acres" installments totaling $56,791 on the parcel for which the
waiver is requested. These installments will be allocated to the parcels created by the waiver.
There are pending assessments totaling $53,250 related to Project 682, Deerwood Townhomes
water and sewer. This pending assessment is for lateral benefit water trunk and trunk area water.
The owner of the parcel requested the City to drop his parcel from the assessment roll and during
1976, the property owner was given a postponement of a water trunk assessment until the
property connected to the water system.
The financial obligation is subject to change based upon the areas and dimensions of the plat
contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses proposed for
the property, the following charges are proposed. The charges are computed using the City's
current fee schedule and the connection and availability of the City's utility system.
Current
Improvement
Use Rate
Quantity
Storm Sewer Trunk S.F. $.077/sq ft 1,159,323 (A)
80% of 33,268 Ac X 43.560 = 1,159,323 sq ft
Amount
112ILS
Because of a prior agreement and because this property will be developed further, consent to the
storm sewer trunk charge will not be a condition of the waiver of plat.
5� ►'�/' rr// '1�5' , = Nr
� I
-" �f 3p/
/-41 AARICE E
AF OUARRY
21 / PARK I
es
WPi I ei
f% / r• �I of i
f `
ISI h 10 -AL I J.
�' b CT yrRv/ I YANKEE DOODLE ROAD I
WATERj
TREATMENT"
t
FACILITY
h� CITY ��
MAINT.FACLJTY
YA'
• r W p
OAK DUC(
SK�_ 3 RK`17— A A LANE QP
y MON 11
is
A r` '^` MTRDGE
Ey Lft
FL
l sotto \ I J� �F�' �"'c 1 L E�� �.A•!!fE
ULe r V ROADopuNI 1K I U I 1f ARK CT.
r�A
SLYER SELL • * I MAIPK a� Woeaft11'Ck
a� I BLAawAwK
c ¢� r
v PARK
. I M 52 Imo -
1 O KWAV . 11
L ,ll�c�v
n PIA+RVKEN r
►
97.
1-4U NHWK�aj
iCv. �! 3 l• , �' PPALOQ?
�.nII � i
^ Z/+CRn+E 01 M
u - �—. _ OEERWOOD
:RIVE
�� �AWM 7RAL
6 QST
E pOD
c• O O G� .�k,a BER;
. ARNELIAN
�ryry1 PARK
PATM1. LAO LAwt UL
r
_�' j 5 r•a. / / i L1-
DFN�w ODI
S 1LAOOwlallc ►i. CA
4WF __ � � WL L. � .'�j1'f � � I ' ` /�J� RRY 1 �,
�►� v-, _; L ...e ... lir, ..�1 i`•I/ `f Y
�.L�1 lit I • �� � / � �"�
• Ir n �• ~. Y L v v
a u
_A
M 1 ALZA4.
-I a II 4 �e� a f �eI EO►E u..
�. i Elrg `'. O �-• �1 .
Q 3 .'.ANVA 8A �fI r P01�pr[Q�A WAra�` ^ 214
% - l W ERGREEN GR
F �, '` ` �._�Z� PAR � ' CAR,
ARWunD,/ ; R.�K ^ o �, 43� ` g� ��.el
_
�$ _
PARK x
moi-MA}�N � �, THOMAS �
a` LAKE T
�FF7PARK '
'',1i�i •vi _ W w.► .. 1 1� 1 cwt. ,E ES
LOCATION
V' v; MMJ 'Lis � _ ��1 1 • I i ! �_��a .1 � . I (.I I : a,,.PU', '. ur.11lr 4/.'•' / : r ! � N . �.•• o ; `.r .... .. a.•.�r, �. _
�_n•:
I
�LFr•.v( 1 1\1. V / u �T rl 1 'JI r,Jl ,l �1,,,,R,�.' �; -_ : •\`, ,I,�p,,.t, ` „ . � _-:
\r,.,,\,
•' \-'�\ - I 1 ( \`\ /."•ll,hr,'+IUII'll�! 1 Ihll r/i.l 1 _ /•.I ' j , � � - 'rl�.lLt.,a,,. V j
v IIiL I ,r' 1 5\\\1\1�\ `'\\\\ , /I@J/ / AM- I� '\ _ // ill11111
•�'I!'1\ /�11�N/, .,� \` _ 'i•�'
,`♦\ \ h 1 I / 4/7,IrI1,'/II _ .,r /'./'•
�' .`` \.�\• / I I,ulll 11 /1;11 \ — r 111111 /: I „ \j^\. •
.. I � 1 \\\\:• 11 1'11j1 r IIIA II I �p4y 11;1 : .: - "\v to
�� Irl % - \ 1\\ . \ ,\ 1 11 1` it Illr/��;,' Il�fl,l ♦ �� ,,.,11, I , .. ... � ;i, r� . �1�\' ��/
- ��tl 17 .. \ i \\` ` I1�111i111//r!r/I I /'�! 1 1 1 ' \"a \♦..�t �..�� ; 1/ -'.%.(I �:.'h I+
4 \���/ X1111 1 1f( LIf< \\\o, I •.,`♦'�.q' \.,` \\♦.. � N• �t i'
I:L' 4f jl 1 1 , \\\ n\kS
"\\ I'. _ �• �� •� -1D • •' `rhr
1 1 ♦�• 1111\\\\\, \\\ti` `5 1 rL..��` `"�.� moi./ O1
r' \ �0` \\\,; \ 1\111 \\\ \111t �`.21��
\\\\\1 \\ `\ \°: 1 f�.`�.�:\�\v .`t \,1\11\\\` �fC•aao��` ••\ ld/r /�! 11.
\\1\\ ~ "�'c^11'1. / 'r•ti
oo lit
�\15 \\\\♦�\\\\♦d`\�\� �` ' �:as"i.`� Irk. f
\\\\ v
•k\\�\�♦`\\\\\{1\ \���♦ T��-?a:��`e Jam•./r1, I
® i \\\\ ♦ \ • :�•\\\\ \ \tip.." ssa+�'•� ;� ., J(jrjy /,. - '�.
2 I ( / 1\\ \ .` .0• 'p.\\ \�\\\� ��L`��� '\ „r�'.�I,a ,\ 1, '//•f;\ fr'
�` \\ \\ •�\\`\N\ ♦ ��.\ a%/Pii .yi`�� Y� i
\1('111 / \
r�-- X70\`♦\ `J11\\`\\\\\` C\r�111f� ;\..�'ir,,����``�( /Pr
,\\\\ //111„\\„- /r� rru ,
�'.;:.'r`� t r,v :f/hr�-•p_-
� 1 1 1 \ 11'.,'' / I 1 `M / ' 11` `�_ra��-��� - ' '•1 ,i .. � =s,,,,.r��(/S�/ r,/.^ '.;,
3 � �'I 1'71 Y��i I 1 �``�� IIS' (�, / l 1\♦-/�/ � P,ij�'
n\v y 11
0•� II -.dl III%1111//'?0\\1\11111 �1��-� ���n•�_' :lr % \•�`'.Md 1�1111h1 �,C � � "✓ �\
- _r ;,il I I 01• -'ti- \\10;1`.}11j/� � `�� : - - = _'tiyylj' •��1 �S q!/.r(�jicI*1\1
- - h 1 1 . \ \ 1 _� y� ti• �p�•= 19 \ ` '^�YF - Y. • . •\\ C
!/.7 ,
.—'mil ) 1 111 i � 1 � \ ..� \ \ to \� �`+•SL`' i•' � �T 6„ •! G J •! l; 1. ' \P'..� i ��,.,� —� .y.T.
y11y11, \ \ �'� i •ii/j,/ Ir Ir 1
17, 11 \+p `\\`;`\�\\%-�>Q:.-� YO \ r'r'1 ' \`!� ..III(/r •i1\R\����'•y;
Th', lfl//ir ! A•' %ti `\�� 11 aN:
�O� YI t `\\\\h\ � �� �� i ����j/'� �i1 \�rt�`/i/Il �1 1 /1 / % I IIt1�� ���,�,'�! tr^rri ,',1. �f/tri �.� '_ ���'�G+•_��zi.”, V r'I •1 l \ \ \" r 1
nll�
l r•
�3♦�'.���="'t1rq��-}Q f\I�rn.�\�
�-�{+� �YI� l J \� i���,�`�i��'� rit7' pJ `�`Itf.�iOUSZ�'�N•%��~ r�r1
lr'T�• A i•41 7 '0 \p0 \ ' �a'LIIFL • V - - viii w��'- �w�
]111 91 ♦ A� \ \`\ \ ` Mr,1 ( .. \' ^ `` # s5y� �' /, i �'� y/Gi - s _
1, -r�ll� ( '/ /� `�� S`� �• .y�n,V Al
�rw y-�•sss�sr�ts / " � �-�. �/' ' /-'Se,r:�.
" �liis r.o�o �sas�raa �-�` /�-� - i']..� ���'� �_---- � i.� •����' ice" ���_y11 - _
-s1s�, y=ssiWf i✓i1L= r•-�i•�Y==•^� \�.. `9ia--_ -�.. I:/'%O �\ �i •'/.. � . �.."•�11
itis ±��� 'll"}� �tl -` .. :\\ •� .�� -' / � / 7� � ��'+�.� I W.IAI
,•*� � • °L�iT l� � i�-1� i .. /. �,•' �� �` `}�.A �r��r1l;"�/�• / ��y.• + 7r.d"rl - _-_ _
' •� `, ♦ ; / I ' / ,'a . t V.. - - �iI/ /i/ r/ 111,%�� ...
r �•/^�•l'1.\\ ��\ Vii. /hv //�•r//�� /�.`��.*:i �� £'�._i-
4.''j' INCE° _r5"nIICTICN
�v%rfry�lij!.'L;// 1•i%1„!i1�rrr_ �r7 ,a.IIi�� '_'- s��� -��_- _--'�\\\�\.':I•\`\1 ,.\„��`. ,iti/i,/'H''��'1�/`�i!i '�,/G�%„r.r :'J/✓��///'/'7' //�. //'�'�/;.y%r/i- ! /f= `/ � a.�� -S�Sr'/.���.'¢•(:r/Ohr,''Lr �r%_,`.„�'p �/'�i!``11\rn I'•lr1�d'jdJf��llJ�lirl/�tei �'�•,�•��.,�.r�� p�`Vsfr16�-
A
�t�%��:.�!►Lv_
`
.-
,! / / �./t �i.7 , .%1111 ,� :• z-�'= r..y
^1_ \�• 1 ,�., r`\ �•`✓,%i�'/c� / '•rte/ ..�.- ,..#_-t:�•'. _ 1 ; `i�111rt1`// 7,;;,-i� :1..='=%�•i/,,.
\- •' � •`:�� 1 `�jr�,`•.[1 ��{p�(//,/��'�•.:%t%,,,y�`�s z� t I / 1jr,;•,: :,,\\'/.: ,�.`'/ •,. '%. _ i...,iN.
\ �. %' !� �fl' �•.% / ..�'"�~ tii-_ � F.11 li. .Ir ,,1.:�i- •r//111.
AREA MAP
To: The Honorable Mayor Tom Egan, Councilmembers, Patricia Awada,
Shawn Hunter, Sandra Masin, Ted Wachter.
From: Leo Murphy
Date: February 27, 1996
In 1986, my Son Kevin and I appeared before the Council and obtained
all the necessary building permits, waivers etc. for Kevin to build
his house on farm acreage I had previously given him and aid all the
Cities fees. Because we wanted to finish the house in 86 More winter
set in, we did not take time to go to the County and transfer the
acreage to Kevins name. When attempting to transfer title a year or so
later, we were told we needed a waiver of rlat etc. from the City. When
contacting Eagan staff people, we were told that Eagan had added more
regulations and costs in. -1987 and that we would have to go thru the
same process again, i e , before the Council notification of neighbors,
and over $1500. in fees. We countered by saying that we had done all
these things and paid our -fees (as I recall over $1500.) in 1986, that
the house was built in 1986 and the agriculture lot existed. long before
that that in fact everything is a
to deal". If I were one who was
notified of a plat change and came to the meeting and found out every-
thing was approved and in place in 1986 and nothing has changed since,
I would be a little disturbed that I received a notice of chap a when
in fact, I had been looking at it for ten years. It is there, it is
done. I am trying to pass a piece of farmland to my son by quit claim
deed. This used to be a simple proceedure. I ask you what your re-
action would be if you wanted to pass something on to your children
and had to notify your neighbors, get City approval and cost you over
$3000.?
Problem # 2: Where do you draw the line between our basic constitutional
right to'protect our life and property -and a City ordinance that in
effect abrogates this constitutional right. The City prohibits me from
trapping, poisioning or shooting rodents or predators. Woodchucks hiber-
nate thru the winter like bear and have their young (usually six, half
male-female) in late winter. The young, which are Rood size, come out
in late March. This female will again have another six in Ju19-August,
making twelve for the year. The three winter born chucks will also have
liters of six in July August for a total of 300 A few females can pro-
duce over a hundred chucks a year. They eat all the strawberriesto-
matoes, sweet corn and other garden plants. They will eat egae ilthey
can get into the hen house and young chicks. They have long claws and
are adept at climbing trees. I have seen them climb a tree and eat the
eggs out of birds nest especially robins. I have found that my shot-
gun is the only effect ve controll. The nearest house is over a ei hth
mile from our farmstead. I doubt if they hear the shot. We are ask ng
that agricultural land be exempt from this ordinance. Kathleen,the an-
imal warden, said that some of the dead woodchucks she his picked up,
died from rabies. As their name suggests, `esti tree roots (also alfalfa
roots). A few of them burrowing around a tree can kill the tree. For
these reasons, it would be advisable to remove the chucks from our parks.
�7
I was born in 1916. The horse was the means of transportation and draft
work. From the horse and buggy, I have seen man walk on the moon. I
have seen more change in my life time then all change put together from
all preceeding generations. It someone asked me what the greatest change
has been, I would immediately reply, the loss of our freedoms. Back in
the twenties, we hardly knew goverment existed. Today goverment invades
every facet of our lives. Rven our babies are numbered by the goverment
after birth. Freedom can be so fleeting so fragile that each of us has
to give it tender, loving care. My Grandmother, who came from Ireland
instilled in me the great importance of freedom when I was a young la
and sat on her lap while she sang this Irish ballad, 110 Paddy dear, did
you .hear, the news thats going around, the shamrock is forbidden, to be
worn on Irish ground". Some of Great Uncles and Cousins of mine, rotted
in Brittish jails because they wore the shamrock, Irelands national fl-
ower. One of our patriotic songs has these words, "the land of the free
and the home of the brave". We have let the words change. to, "land of
the fee and home of the bureaucrat.
My son Kevin is in his forties and wants to acquire property, pre'ferrably
his own house by deed transfer, the reason this is before you. If we cent
then Kevin may leave. I cent farm alone, especially haying. I would then
be forced to sell the farm. Neighbors have pleaded with me not to sell.
They want this little bit of emerald isle, in a sea of homes, to remain.
The City has indicated their interest in kegping farms,.by buying one
although, buying a farm is like a wedding it isn't -the : license and.
wedding ceremony costs that get you, its hat upkeep afterward.
Due to a previous commitment I will not be able to attend your meeting.
Any help or consideration will be appreciated.
,.
Agenda Information Memo
April 2, 1996 - Eagan City Council Meeting
ACTION TO BE CONSIDERED:
To approve or deny a Conditional Use Permit to allow outdoor storage of six (6) rental
cars on Lot 1, Block 1, Duckwood Square (Goodyear) subject to the 4 conditions
recommended by the Advisory Planning Commission.
FACTS:
The Goodyear Auto Service wishes to rent automobiles at their Duckwood Square
location to provide automobiles to both customers and the public. A total .of six (6)
automobiles will be parked in the Duckwood Square parking lot directly adjacent to the
Goodyear Service Center.
The Advisory Planning Commission conducted a public hearing on this proposed
Conditional Use Permit at its regular meeting on March 26, 1996, and recommends
approval of the Conditional Use Permit subject to the 4 conditions in the staff report.
BACKGROUND/ ATTACHMENTS: (2)
APC minutes of March 26, 1996, pa �LthF
Staff Report, pages through
Page 3
March 26, 1996
ADVISORY PLANNING COMMISSION
CONDITIONAL USE PERMIT - JIM COOPER
Chairman Miller opened the next public hearing of the evening regarding a
Conditional Use Permit to allow outdoor storage of rental cards on Lot 1, Block 1,
Duckwood Square (Goodyear) located at 1340 Duckwood Drive in the NW%4 of Section
21.
Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the
information presented in the City staffs planning report dated March 6, 1996. Mr. Dorgan
noted the background and history, and the surrounding uses of the subject property. Mr.
Dorgan further outlined the City staffs evaluation of the proposed conditional use permit
for outdoor storage of rental automobiles, noting the applicant has no intention to exceed
a total of six rental cars at any time on the subject property.
The applicant, Jim Cooper, was present but provided no comments.
Member Burdorf inquired with staff as to whether the six spaces needed for the
rental automobiles will take away from the 142 current available spaces. Planner Dorgan
responded that the City Code requires 141 spaces for the site and thus will lose five
spaces with the six rental automobiles. Senior Planner Ridley added that the site has not
had any parking problems in the past and in fact is currently over spaced for its needs.
Member Segal moved, Member Richards seconded, a motion to recommend
approval of Conditional Use Permit to allow outdoor storage of rental cards on Lot 1,
Block 1, Duckwood Square (Goodyear) located at 1340 Duckwood Drive in the NWV4 of
Section 21, subject to the following conditions:
1. The Conditional Use Permit shall be recorded at Dakota County within 60
days of City Council approval with receipt to the City.
2. Signage shall be provided designating the rental car parking from the
shopping center parking.
3. The total number of rental cards shall not exceed six (6).
4. The sale of vehicles shall be prohibited.
All approved in favor.
m1
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 6, 1996
APPLICANT: Jim Cooper
PROPERTY OWNER: Metro Center Developers
REQUEST: Conditional Use Permit
LOCATION: 1340 Duckwood Drive
COMPREHENSIVE PLAN: Central Area (CA)
ZONING: Community Shopping Center (CSC)
CASE #: 14 -CU -6-2-96
HEARING DATE: March 26, 1996
PREPARED BY: Steve Dorgan
Jim Cooper is requesting approval of a Conditional Use Permit (CUP) to allow the outdoor storage of
rental automobiles at the Goodyear Auto Service Center located at Lot 1, Block 1, Duckwood Square
south of Duckwood Drive in the Northwest 1/4 of Section 15.
City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a
conditional use permit and the Council shall issue such conditional use permits only if it finds that such
use at the proposed location:
A. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
B. Will be harmonious with the general and applicable specific objectives of the Comprehensive
Plan and City Code provisions.
C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with
the existing or intended character of the general vicinity and will not change the essential
character of that area, nor substantially diminish or impair property values within the
neighborhood.
D. Will be served adequately by essential public facilities and services, including streets, police and
fire protection, drainage structures, refuse disposal, water and sewer systems and schools.
Planning Report - Goodyear CUP
March 6, 1996
Page 2
E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that
will be hazardous or detrimental to any persons, property or the general welfare because of
excessive production of traffic, noise, smoke, fumes, glare or odors.
F. Will have vehicular ingress and egress to the property which does not create traffic congestion
or interfere with traffic on surrounding public streets.
G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance.
Duckwood Square received preliminary plat approval in 1990 for a 25,000 square foot retail shopping
center. Goodyear Service Center leases approximately 6,300 square feet of the center. The Duckwood
Square Goodyear is owned and operated by Jim Cooper. Mr. Cooper also owns the Goodyear Service
Center located at 3999 Cedarvale Drive in the Cedarvale area.
The use of rental cars is not specifically designated in the code. However, both Agency Rent-A-Car
located in the Yankee Square Shopping Center (1990) and the Goodyear Service Center located in the
Cedarvale area (1992) received CUP's to rent automobiles.
SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North - Town Center Shopping Center; zoned Community Shopping Center and Guided Central
Area
South - Vacant land; zoned Community Shopping Center and guided Central Area
East - Vonhanson's Meat and Ace Hardware; zoned Community Shopping Center and guided
Central Area
West - Frank's Nursery; zoned Community Shopping Center and guided Central Area
It is the applicant's intent to have available six (6) cars for customers who leave their cars in for repair
in addition to renting the cars to the general public. They do not expect the total number of rental cars
to exceed six.
The Community Shopping Center zoning district allows the rental of vehicles by -CUP where adequate
parking space is provided. Duckwood Square currently has 142 parking spaces. The City requires 141
parking spaces for the current uses of the complex. A condition of the original Duckwood Square plat
required all automobile service center vehicles and customer cars be parked on the south side of the
shopping center. The City has no previous record of parking problems associated with the Duckwood
Square Shopping Center. To ensure parking spaces are made available, the rental cars shall be provided
with designated parking stalls in the parking area along the south side of the shopping center as indicated
on the attached site plan. 9 �/
Planning Report - Goodyear CUP
March 6, 1996
Page 3
Goodyear Auto Service proposes the exterior storage of automobiles to provide loaner cars to customers
in addition to renting to the general public. There will be a minimum impact to the parking on site due
to the number of rental cars being requested. The parking of rental cars at this location appears to be
compatible with the site and surrounding uses.
Recommend approval/denial of a Conditional Use Permit to allow outdoor storage of six (6) rental cars
at the Goodyear Service Center site on Lot 1, Block 1, Duckwood Square subject to the following
conditions:
1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council
approval with receipt to the City.
2. Signage shall be provided designating the rental car parking from the shopping center parking.
3. The total number of rental cars shall not exceed six (6).
4. The sale of vehicles shall be prohibited.
FINANCIAL OBLIGATION - 14 -CU -6-2-96 Lot 1, Block 1, Duckwood Square
There are pay-off balances of special assessments totaling 0 on the parcel for which the
conditional use is requested.
At this time, there are no pending assessments on the parcel for which the conditional use permit
is requested.
The estimated financial obligation presented is subject to change based upon areas, dimensions
and land uses contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses proposed for
the property, the following charges are proposed. The charges are computed using the City's
existing fee schedule and the connections proposed to be made to the City's utility system based
on the submitted plans.
Improvement Use Rate Quantity Amount
None
LO
Off.
rtWtt+E' � l
dST ]�xpo�w� . Cq RD. °B
-------9 J OF PILOT"' I OWER ------ � 5
{ K86 76
ARK�
_LU
A 1 RD. a \fes Af
;r I TOWERVEW RDJEUA;J,�.. P 11!
FF EST
X94 rr
OAKS zo. 1 1 ' i `! u 1 i Gk7 r Rt
JJl ' NSONE x '
1 q) < I r PARK''
1. 1
ST.
`"SrARICE I ..
1 ' TAMARAC PT. '
QUARRYy t Q —BIRCH T
NORWAYPT,
1
c L 2� PARK i II FOREST RIDGE TR. ,I
IRONWOOD LA. t
z v REDWOOD PT.
SPRUCE PT.
C' ! YANKEE DOODLE ROAO YANKEE..DflQOLE`
10 ANKEE PL p,
1 ,
wT�TiIENT'—Zl� i c)
FACUTY8 ( �,� d'
1� c �
QTY `u'� i 24—s)- I EARY PARK
MAINT.
FACUTY1 w y 1 " r 1 s' >+
(XI 0' L
(X LAKE
Y «
DUCk
Iw 2 sPA
w R
". .
ROAD 1 � 43' I I
--pal
'-'gsIr4A� --- ----;
° 1
�'� � I 3 JAY W
�Yy�� ' �►
v�"" �FAL ON WA I y
E <<
ENMARK 3:MAD�� E. ; HURLS" t �`
c�I ARK CT ENMARK L/YKE
R. E
Ct WESCOtri '
- 1
7q)
L—C3C::A-1F1N
TOWN CENTRE 70 ELEVENTH A
VA
`� I
1
II I1�ARKING
-
. � I ,� �, •, _ , r 11
n012-01
STATE
A'5
A
w000 ORIVE
;EO
i
Agenda Information Memo
April 2, 1996
1 LIELI 1110 111m asm Deg DIMUMMoil) 1 1 gmQW1 3_ ►_
ACTION TO BE CONSIDERED:
To approve or deny a Conditional Use Permit to allow on -sale liquor service in a CSC
zoning district on Lot 3, Block 1, Cedarvale Second Addition, located in the NE 1/4 of
Section 19, subject to the two conditions listed in the Advisory Planning Commission
minutes.
FACTS:
Mr. Jensen intends to establish a supper club which includes on -sale liquor service in the
former Perkin's restaurant building located at 3840 Sibley Memorial Highway. Mr.
Jensen also plans to construct an addition to the building.
Access to the property is provided by easement from Cedarvale Boulevard over Outlot
B, Cedarvale Second Addition, which is owned by a third party. Mr. Jensen intends to
purchase Outlot B, and combine it with Lot 3 into a single tax parcel to avoid setback
problems with the planned building addition.
The APC conducted a public hearing
regular meeting on March 26, 1996,
conditions outlined in the APC minutes.
BACKGROUND/ATTACHMENTS:
APC minutes of MaNh 269 1996a e�
Staff report, pagesq-V�ough.
on this proposed Conditional Use Permit at its
and recommends approval subject to the two
qD
Page 9
March 26, 1996
ADVISORY PLANNING COMMISSION
CONDITIONAL, USE PERAHT - DORON JENSEN
Chairman Miller opened the next public hearing of the evening regarding a
Conditional Use Permit to allow on sale liquor on Lot 3, Block 1, Cedarvale 2nd Addition
(formerly Perkins) located at 3840 Sibley Memorial Highway on the east side of Rahn
Road next to Minnesota Credit Union in the NEV4 of Section 19.
Associate Planner Dudziak introduced this item. Ms. Dudziak highlighted the
information presented in the City staffs planning report dated March 19, 1996. Ms.
Dudziak briefly outlined the City staffs evaluation of the requested conditional use
permit to allow on -sale liquor on the subject property.
The applicant, Doron Jensen, stated that he and his brother intend to expand the
former Perkins Restaurant building toward Outlot B of Cedarvale 2nd Addition. In
response to Member Segal's inquiry, the applicant consents to the addition of two
conditions to the permit, namely the applicant will be required to acquire Outlot B and
will be required to record a Lot Combination Agreement relating to Lot 3 and Outlot B.
Member Segal moved, Member Richards seconded, a motion to recommend
approval of a Conditional Use Permit to allow on sale liquor on Lot 3, Block 1, Cedarvale
2nd Addition (formerly Perkins) located at 3840 Sibley Memorial Highway on the east
side of Rahn Road next to Minnesota Credit Union in the NEV4 of Section 19, subject to
the following conditions:
1. The applicant shall acquire Outlot B, Cedarvale 2nd Addition.
2. The applicant shall execute a Lot Combination Agreement for Lot 3 and Outlot B,
Cedarvale 2nd Addition, and file it with the Dakota County Auditor's office to
have one tax parcel identification number assigned to the area consisting of both
parcels.
All approved in favor.
Member Heyl added that the proposed supperclub will be a good asset to the
Cedarvale area and will be harmonious with that area. Member Segal concurred with
Member Heyl. ,
Ql
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 19, 1996 CASE: 19 -CU -5-2-96
APPLICANT: Jensen's Supper Club, Doron Jensen HEARING DATE: March 26, 1996
PROPERTY OWNER: Perkins Restaurants Operating PREPARED BY: Pamela Dudziak
Company, L.P.
REQUEST: Conditional Use Permit for On -Sale Liquor
LOCATION: 3840 Sibley Memorial Hwy. (NE 114 Sec. 19)
COMPREHENSIVE PLAN: Commercial Shopping Center (CSC)
ZONING: Commercial Shopping Center (CSC)
Doron Jensen representing Jensen's Supper Club, is requesting approval of a Conditional Use
Permit to allow on -sale liquor service on Lot 2, Block 1, Cedarvale Second Addition. Mr.
Jensen intends to expand the building and establish a supper club in the former Perkins restaurant
building. A brief description of his proposal is attached.
1.$) 3 16141 TO i
City Code Section 11.40, Subd. 4 states that the Planning Commission shall recommend a
conditional use permit and the Council shall issue such conditional use permit only if it finds that
such use at the proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
m
Planning Report - Jensen's Supper Club CUP
March 26, 1996
Page 2
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
EVALUATION OF REQUEST
In researching this request, staff found that access to Lot 3 is provided by easement from
Cedarvale Boulevard over Outlot B, Cedarvale Second Addition, which is owned by a third party.
Mr. Jensen intends to purchase Outlot B to avoid setback problems with a planned building
addition. Further review of the site plan will be done at the time application is made for a
building permit to construct the addition.
The properties surrounding the site are also zoned CSC and contain a gas station, Minnesota
Credit Union, and Cedarvale Lanes. Approval of a Conditional Use Permit to allow on -sale
liquor in this location appears to be consistent with the findings for a conditional use permit
listed in the City Code.
To recommend approval/denial of a Conditional Use Permit to allow on -sale liquor use on Lot
3, Block 1, Cedarvale Second Addition in a CSC, Commercial Shopping Center, zoning district.
T.3
FINANCIAL OBLIGATION - 19 -CU -5-2-96 Lot 3, Block 1, Cedarvale 2nd
There are pay-off balances of special assessments totaling $1,865 on the parcels proposed for
which the conditional use is requested.
At this time, there are no pending assessments on the parcel for which the conditional use permit
is requested.
The estimated financial obligation presented is subject to change based upon areas, dimensions
and land uses contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses proposed for
the property, the following charges are proposed. The charges are computed using the City's
existing fee schedule and the connections proposed to be made to the City's utility system based
on the submitted plans.
Improvement Use Rate Quantity Amount
None
LO
r
3400.
1 pT° F
�v�a Q•i I _
I y ^
CKNAi/ a$Ng�Y
w� f 31 sl PKKC
3600 I _. - - -- _ -- - _ —18— _ - ~ - (. - y - 17— - R
u0N R Y
1 ' r
KYI•LO N
j v,O.,
1 i
gsCIL
Ts
,MA
.
FtDI `�
Ro�
1 4
ISILVERI BELL _ - SILVER BELL �b
a i �rorraN N
RIPEN
�' 7
4 l
w00DHAVEN �� ��. p ! I 1�
PARK ( DA
X7r-W ANA
1 i Cfi•' t � i� r, � �� BM,�K.n mau��
iq
ST �� I V !a• cJ. ' tISARTE'-i- r
�S dSBR
D i
400 ;L�--'� 7 :;' / t i ^.'ErRw003 I R.
S
I
' T A f
RIVER 1
HLLS
W/ PARK
4400
Li
ZZ
J S
< �.I �. r, s L 7ACOMM'RAL
.; �P'VAY'
i� 1 II' sa � ' �' • r l Rq�+�^� � L�ti �� ir' ��� Ca 'Sr ,
y, SAIAP�NM LA � � I 'A . ARNEALIAN
1d1 I EMMA 4 4 l = ARK ,
ma z
Ili, 3 y
< Cil '%R Q y CEDARQ
1�}= I
ZRC^N I A' - I / •/
POND C• /
c 4 ARK < 6
< CORAL A. I CT. - - u -
i,
tit
cx RY ORC �I Iu l w t
ei � ,RTZ A. '.• �'P R IAt
inl u2If AA . / NOCc/
cfiZVe
i
A =AN%t1
AIR CEr
SHALE, ADOWLA
I� ARK ii QQ om- �� fel RSR c J;
Qc6a
ERIN nN it �.....r... AJC •F 1`, C J ;' . i y11.
LOCATION
r +M /Ili I � i.li , C. / I /+I + Oji • I- I Vii.'
t /(R� 1...%/(I � S I'/ •�"� /,/ 1i^-- � ice/ ji� ��/%/(�. � �� /// r
/
71
PARK II -!W,.
/ 0 ��+••�� /_/,�- , /j• it i.%��.�/ y �
ARK 1pr,
o
Ac
00
oq
15
A, VA IKJVFIII
Y Y
� Vii.=- - �//// // � 7/! • \
' /. • 9 ,i
I /. / / •%i / - {fit e\
1 '
054 06
/ / i < v/1 110 I U • z'-
K119, ` iii r� �.� /• ��a
dicey
Ix k.,.f-�_ %ffy_.:c.Pnr
6k,P AREA MAP
A.
w
z
1/
o
Z
0
•_�'
o ACL
sH
N U'•�=
Cj+=
JY
E'+
w
p
o U
�
U
U
P
G�
w
w
�
U
c
d
L,�'
` l
\ +w •�`. ,.� 111.',,
'.O
O 11'.`},''. �.
.�
V1•� �1�1;'1
Cr �
•+
�J;
_'
` •.
•.t '1\1111 \111 11i
51
�,
f
1 11111. {,1
�_• 11``11
.�
7
•C o
,�(
/
/v
w
i
N
` \
am
�
Z
,•r,
.
mpg:
•
ua .
ml;
rK !
.yl=
�
MLI•
o
tEr -i
MEMORANDUM
DATE: February 13, 1996
TO: City of Eagan
FROM: Doron Jensen
Jensen's Supper Club
RE: Written Narrative
We are requesting from the city of Eagan a change in use of the Perkins Restaurant property at
3840 Sibley Memorial Highway. Currently, the property is not classified and/or zoned for the
use of on -sale liquor.
We are attempting to purchase the Perkins restaurant (on the condition I receive a liquor license)
at Sibley Memorial Highway and expand it approximately 1500 square feet (all dinning area). I
plan to open a Supper Club that would serve diners seven days a week and open each day around
4 p.m. The restaurant would no longer service lunch. I have enclosed my business plan for your
detailed review.
We would like to gain approval at your April 2nd, City Council meeting. At that time, we would
close the purchase with Perkins and begin construction within two weeks provided we have a
building permit. Our goal is to open around the middle of June soon after school is out for
summer.
Agenda Information Memo
April 2, 1996 Eagan City Council Meeting
E. APPLICATION, ON -SALE LIQUOR LICENSE
JENSEN'S SUPPER CLUB
ACTION TO BE CONSIDERED:
To approve or deny an on -sale liquor license for Doron Jensen for Jensen's Supper Club at 3840
Sibley Memorial Highway.
FACTS:
• Doron Jensen has purchased the Perkins Restaurant location on Highway 13 and is now
remodelling the building. It will be known as Jensen's Supper Club.
• He is applying for an on -sale liquor license. His application has been investigated by the
Police and they find no reason to deny it.
• If the Council approved the conditional use permit to allow on -sale liquor at this
establishment which was considered in the previous item. This item will be in order for
consideration.
ATTACHMENTS:
• Attached without page number is a copy of the on -sale liquor license application and a
memo from the Police Department regarding their investigation.
Agenda Information Memo
April 2,1996 Eagan City Council Meeting
[RIEM [elm Le 1.1313-0 Q i
ACTION TO BE CONSIDERED
To approve or deny a Waiver of Subdivision to allow the creation of one 1.8 acre parcel and
one 1.1 acre parcel to be created from a single tax parcel currently identified as P.I.D. _#10-
01400-020-82 subject to the single condition listed in the Advisory Planning Commission
minutes.
FACTS
► Mr. McLean wishes to separate this parcel as described and dedicate the northerly 1.8 acre
parcel to the City for parks and recreational purposes.
At its regularly scheduled meeting of March 26, 1996, the Advisory Planning Commission
held a public hearing pertaining to this Waiver of Subdivision and recommends approval
subject to the one condition listed in the staff report.
BACKGROUND/ATTACHMENTS (2)
APC minutes of March 26, 1996, page O ( gwough----
Staff report, pages cough
ion
Page 13
March 26, 1996
ADVISORY PLANNING COMMISSION
WAIVER OF SUBDIVISION
ROBERT MCLEAN & CITY OF EAGAN
Chairman Miller opened the next public hearing of the evening regarding a Waiver
of Subdivision to separate 1.8 acres from 2.9 acres to be dedicated to the City for park
land located on the north side of Wescott Road at 871 Wescott Road, west of Wescott
Hills Road, in the SEI/4 of Section 14.
Senior Planner Ridley introduced this item. Mr. Ridley highlighted the information
presented in the City staffs planning report dated March 19, 1996. Mr. Ridley noted the
background and history and the existing conditions of the subject property. Mr. Ridley
fiuther outlined the City staffs evaluation of the requested waiver of subdivision to allow
separation of approximately 1.8 acres from a 2.9 acre unplatted parcel which will be
donated to the City for park purposes.
The applicant, Robert McLean, was present and commented that Mr. Ridley had
done a fine job of covering the issue and that he was available for questions.
Member Segal moved, Member Heyl seconded, a motion to recommend approval
of a Waiver of Subdivision to separate 1.8 acres from 2.9 acres to be dedicated to the City
for park land located on the north side of Wescott Road at 871 Wescott Road, west of
Wescott Hills Road, in the SEI/4 of Section 14, subject to the following condition:
1. This Wavier of Subdivision shall be recorded at Dakota County within 60
days of Council action and documentation provided to the City.
All approved in favor.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 19, 1996
APPLICANT: Robert L. McLean
PROPERTY OWNER: Robert L. McLean
REQUEST: Waiver of Subdivision
LOCATION: 871 Wescott Road
COMPREHENSIVE PLAN: D -I, Single Family
ZONING: R-1, Single Family
F9 Jui `Iu AW1121% �1
CASE #: 14-W-2-2-96
HEARING DATE: March 26, 1996
PREPARED BY: Mike Ridley
Robert McLean is requesting approval of a Waiver of Subdivision to allow separation of
approximately 1.8 acres from a 2.9 acre unplatted parcel of property located on the north side of
Wescott Road, west of Wescott Hills Drive, P.I.D. #10-01400-020-82. Mr. McLean intends to
donate the northern 1.8 acres to the City's Parks Department; there is no development associated
with this Waiver of Subdivision request.
Yy. we
City Code Section 13.40, Subd. 3 states that the Council may grant variances from the strict
application of the provisions of the Subdivision Regulations and impose conditions and safeguards
in the variances so granted where practical difficulties or particular hardships result from carrying
out the strict letter of the regulations of Chapter 13.
Over the last several months, staff has worked with the McLean regarding potential subdivision
opportunities of this 2.9 acre parcel. Due to configuration and access limitation, further subdivision
of the parcel to create additional buildable parcels is not possible without incorporating the westerly
adjacent 2.2 acre unplatted parcel; however, the neighbor is not prepared to develop his property at
this time. As such, Mr. McLean has determined that his best interests will be served by donating the
northerly 1.8 acres to the City for parks purposes.
(0a
Planning Report - McLean Waiver of Subdivision
March 26, 1996
Page 2
The unplatted parcel contains an existing house, barn, and shed, all of which will be located on the
southerly 1.1 acre parcel to be retained by Mr. McLean. Approximately one acre of the northerly
1.8 acres contains an existing wetland (Pond JP -31).
*ZT-9 . i 1 e
As mentioned previously, there is no development associated with this request; however, acquisition
of the northerly 1.8 acres of the property by the Parks and Recreation Department will allow the City
to extend the trail system around Pond JP -31 which is designated as a Class IV wildlife habitat in
the City's Water Quality Management Plan.
The proposed waiver will allow separation of the 2.9 acre parcel essentially for individual
ownership. Acquisition of this property by the Parks Department will enable a trail extension around
virtually the entire Pond JP -31. The only portion that won't be under control of the City will be the
very southern tip of the wetland which lies on unplatted property that lies adjacent to the Woodland
Elementary School and west of the McLean property.
There is no development associated with this waiver request and granting the waiver will allow
individual ownership of the southern acre to be retained by the McLeans and the northerly 1.8 acres
will be dedicated to the City's Parks Department. Acquisition of this 1.8 acres by the City will allow
for a more complete trail system around this existing wetland.
To approve/deny a Waiver of Subdivision to allow the creation of one 1.8 acre parcel and one one -
acre parcel to be created from the single tax parcel currently identified as P.I.D. #10-01400-020-
82.subject to the following condition:
1. This Waiver of Subdivision shall be recorded at Dakota County within 60 days of Council
action and documentation provided to the City.
l�3
FINANCIAL OBLIGATION - 14-W-2-2-96 10-01400-020-82
There are levied assessments with an unpaid balance of $0 which will be allocated to the parcels
created by this waiver of plat.
The financial obligation is subject to change based upon the areas and dimensions of the plat
contained in the final plat.
Based upon the study of the financial obligations collected in the past and the uses proposed for
the property, the following charges are proposed. The charges are computed using the City's
current fee schedule and the connection and availability of the City's utility system based on the
submitted plans.
Current
Improvement Use
None
Rate
Quantity
Amount
LO
jIli — !� `` \� ` V'L:
CE"m 953.
r PAR
-
W
r
T ALD17N OR.
v v ¢ �' \
' TAIIARAC
SUN PT. '
v NORWAY
FOREST RODE TR J
RONWW000 LA.
]� RMVK= PT.
SPRUCE
- - T ! ANKEE PL - - - - ® J51
,
i I 24�Q- LEARY PARK
I
01LE4 41
LA
wq� a TR
CT. NOS„ Juc'
IN I AK ST -
VIA
— — —1 V
VIA' - v T. PA"
J 'v 4i ` CT. SCM v viii i.J i amu` FARIA P C7'(�
- J fp C7.
H ` K�LSTAO C . FAL wA I > i� CT VERLOOK PL. SOUTH6 ww
v < 3 �r SJi *ACR m
HURLEY 4~ < 4
ARK CT7. E E LACE
aMEscow I-
orrAo K Tcpm ow AA
-`ft, 9Nor' ul
ago
RUN
' �, I C, c ALA. LD
r
F �ikE 4 \LAKEj/ i E :Z7:_
:._
< I i � � PARS
NORTHVEW nmA
0MRWOon DRIVE CARNY =
on
HUS NORTHVIEW <
d�' OR I PARK c�` '�
tt6��BERRY PA PARK
MARXv r -5 21 r Tf
1
Q PATRICK � NOR VIEW
EAGAN
�' T j 45 PARK34
, < y A 1 9►��:
aKP ZZ
■ ��x i
(Co. ao. 301 WosFLEY ROAD
w—m(f A
�z-' I ` OU1(;LEY LT • o' L3,:lf
ol%1— LAKE '
c �' I isQMTHLETIC �AC>LITY� .,_� R < ,4< J A� va -
's^ CARLSON
LAKE,,,' O < " QR•s1 L.�
EdE u. �SAA
< $ eRA — — r
SMd# A V 1�aKF i-z� °�1 . Il /� j %\� \�"►/,4�IF
LOCATION �O�
OUTLOT Al
(RECREATION FIkD
4RAND 11
N FIELD
s
A�
� 12
A
OUTLOT B'
I•�, •, / \ � _ 111
i•.
ING {!I �{ WE
8T
I
Ili ,
I
1 •,
1
X70 -
lI I+
AREA
t06
0 DENOTES MONUMENT FOUND
°DENOTES MONUMENT SET
R
cD
M
WESCOTT ROAD "
SOUTH LINE SECTION 14
jol
- --2921--
!-SAC
Y
1 �
f
�
� N
1 V
�
1
N
v
SCALE
I�
- AlJ rrrw
-
Uss. 3t OX&O.)
40
i
0 DENOTES MONUMENT FOUND
°DENOTES MONUMENT SET
R
cD
M
WESCOTT ROAD "
SOUTH LINE SECTION 14
jol
Agenda Information Memo
April 2, 1996 Eagan City Council Meeting
G. PRELIMINARY & FINAL SUBDIVISION AND VACATION OF UTILITY
EASEMENT - POPPLER HOMESTEADS NO. 2
ACTIONS TO BE CONSIDERED:
► To approve the Preliminary Subdivision consisting of 3 lots on 5.7 acres, and 10' setback
variances for Lot 1, Block 1, Poppler Homesteads No. 2 located south of Lone Oak Road,
west of Poppler Lane in the NW 1/4 of Section 10.
► To approve the Final Subdivision consisting of 3 lots on 5.7 acres, and 10' setback
variances for Lot 1, Block 1, Poppler Homesteads No. 2 located south of Lone Oak Road,
west of Poppler Lane in the NW 1/4 of Section 10.
► To approve a vacation of Utility Easement Doc. No. 378233.
FACTS:
The Advisory Planning Commission held a public hearing on this matter at its February
27, 1996 regular meeting and recommended approval of the Preliminary Subdivision.
Final plans and the development contract have been reviewed and are in order.
On February 20, 1996, the City Council held a public hearing to consider vacating Utility
Easement Document No. 378233 within the Poppler Homestead Addition. The public
hearing was closed and the City Council continued consideration of approval to be
concurrent with approval of Final Subdivision. All replacement easements have bee
provided with the Final Plat.
BACKGROUND/ATTACHMENTS: (4)
APC minutes - pages O through
Staff Report - pag "-%
Plat Map - page
Easement vacatio location map - page .
Page 12
Febnmry 27, 1996
ADVISORY PLANNING CONINUSSION
PRELIMINARY SUBDIVISION - LAWRENCE G. POPPLER
Chairman Miller opened the next public hearing of the evening regarding a
Preliminary Subdivision of three lots on 5.769 acres for Poppler Homesteads No. 2 and
10' setback Variances for proposed Lot 1, Block 1, located south of Lone Oak Road, east
of Pilot Knob Road, and west of Poppler Lane.
Planner Tyree introduced this item. Ms. Tyree highlighted the information
presented in the City staffs planning report dated February 20, 1996. Ms. Tyree noted the
background and history and the surrounding uses of the subject property. Ms. Tyree
further outlined the City staffs evaluation of the applicant's request and noted that the
City Council has previously approved a preliminary subdivision consistent with the
applicant's present request. Lawrence Poppler, Jr., a representative for Lawrence Poppler,
Sr., the applicant, was present and requested the Commission's recommend approval of
the request. A resident of 1360 Lone Oak Road inquired as to the effect of the proposed
outlot over the pond on her ownership of the other half of the pond.
In response to Member Segal's inquiry, Planner Tyree clarified the proposed
location of the structure on Lot 1 and noted the variance is necessary due to the fact that
the proposed location of the structure is the only buildable area on the lot.
Member Heyl moved, Member Richards seconded, . a motion to recommend
approval of Preliminary Subdivision of three lots on 5.769 acres for Poppler Homesteads
No. 2 and 10' setback Variances for proposed Lot 1, Block 1, located south of Lone Oak
Road, east of Pilot Knob Road, and west of Poppler Lane, subject to the following
conditions:
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as adopted
by Council on February 3, 1993:
A 1, B 12 B2, B3, B4 (does not include addition 3'), C 1, D 1, E 1, F 1 and H 1.
2. Ten foot building setback variances from Lone Oak Road and Poppler Lane shall be
permitted with the approval of this subdivision.
3. The developer is required to upgrade the existing substandard bituminous roadway in
accordance with City Code requirements; except as modified by City Council action
January 16, 1996.
Page 13
February 27, 1996
ADVISORY PLANNING CON IISSION
4. The developer is required to include the dedication of a public road right-of-way for
Poppler Lane in the final plat.
5. The developer is required to extend sanitary sewer and water service to the right-of-
way line of each platted parcel.
All approved in favor.
(lD
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: February 20, 1996
kPPLICANT: Lawrence G. Poppler
PROPERTY OWNER: Lawrence G. Poppler
REQUEST: Preliminary Subdivision & Variances
LOCATION: 3035 Poppler Lane
CASE: 10 -PP -1-2-96
HEARING DATE: Feb. 27, 1995
PREPARED BY: Shannon Tyree
COMPREHENSIVE PLAN: D-11 Mixed Residential (0-6 u/ac)
ZONING: R-1 Single Family
SLLMMARY OF RZOUST
Lawrence G. Poppler is requesting approval of a Preliminary Subdivision of Oudots A and
B, Poppler Homesteads into three lots on 5.19 acres and future building setback Variances of
10' from both Lone Oak Road and Poppler Lane, located south of Lone Oak Road, east of
Pilot Knob Road and west of Poppler Lane in the NW 1/4 of Section 10.
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission
and the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:"
A. That the proposed subdivision does comply with applicable City Code provisions and
the Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including but trot limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water
storage, and retention are such that the site is suitable for the type of development or
use contemplated.
D. That the site physically is suitable for the proposed density of the development.
E. That the design of the subdivision or the proposed improvements is not likely to cause
environmental damage.
Planning Report - Poppler Homesteads No. 2
February 27, 1996
Page 2
F. That the design of the subdivision or the type of improvements is not likely to cause
health problems.
G That the design of the subdivision or the improvements will not conflict with
easements of record or with easements established by judgement of court.
R That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds or similar burden.
L That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook on
Solar Access).
J That the design of public improvements for the subdivision is compatible and
consistent with the platting or approved preliminary plat on adjacent lands.
K That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization" which document is properly approved and
filed with the office of the City Clerk hereinafter referred to as the "Water Quality
Management Plan". Said document and all of the notations, references and other
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein
as fully as if set forth herein at length. It shall be the responsibility of the City Clerk
to maintain the Water Quality Management Plan and make the same available to the
public.
Poppler Homesteads No.2 subdivision along with a rezoning from Agriculture to R-1 single
family was originally approved by the City Council on January 16, 1990. On March S, 1991
the City Council continued indefinitely consideration of an extension for the Poppler
Homestead No. 2 preliminary subdivision with instructions to staff to work out an
appropriate agreement with the applicant regarding the exchange of easements for City fees.
On September 1, 1992, the City Council approved an extension of the preliminary plat (for no
q*fic time frame) and it was agreed that in exchange for an easement the City would waive
the following:
a) All park dedication and trail fees.
b) Any water quality payment due.
c) Any remaining sanitary sewer trunk assessments for project no. 49.
d) Any remaining storm sewer trunk meats for project no. 424.
�la-
Planning Report - Poppler Homesteads No. 2
February 27, 1996
Page 3
After a number of continuances, action on the final subdivision was continued indefinitely at
the February 16, 1993 City Council meeting. In September of 1995 Mr. Poppler applied for
final plat. Because the preliminary subdivision expired, the City anomey suggested that the
City process a new preliminary subdivision application. The reason for the continuances was
a survey dispute between the Poppler's and the owner of Lot 6, Poppler Homesteads. (See
wed letter)
SURRO NDIl"(G USES The following existing uses, zoning, and comprehensive guide plan
designations surround the subject property:
North - Country Home Heights Add'n & Natl Comp. Systems; zoned R-1, R&D & I-1;
guided D-11, Mixed Residential (0-6 unitslacre).
South - LeMay's Lake, a general development lake DNR #19-55.
Fast - LeMay Lake Apartments; zoned R4; guided D -IV.
West - single family dwelling; zoned Agriculture; guided D -II Mixed Residential (0-6
units/acre).
I[VALUATION OF REQUEST
Preliminary Subdivision.
Density - The proposed density of the subdivision is 0.52 units per acre.
L,= - All lots exceed the minimum lot size of 12,000 s.f.
• Lot 1 is 75,862 total s.f. (1.742 acre), 29,139 s.f. (0.669 acre) above pond high water
level;
• Lot 2 is 21,066 total s.f. (0.484 acre);
• Lot 3 is 99,812 total s.f (2.291 acres), 27,117 s.f. above pond high water level. Lot 3 has
approximately 240' of frontage along LeMay's Lake.
Setbacks - LeMay's Lake is defined by the Shoreland Zoning Ordinance as a General
Development Lake and is subject to a 50' setback from the Ordinary High Water Mark
(OHWM). The building pad for Lot 3 has been designed to exceed this requirement.
The developer is requesting the same building setback variances that were approved with the
original subdivision approval in 1990. The request is for a 10' variance from the 50'
minimum setback from Lone Oak Road and the 30' minimum setback from Poppler Lane for
Lot 1. The applicant is requesting the variances due to the steep terrain leading to the pond
and the restrictive setbacks for a corner lot especially from a County road substantially
confine the placement of a home on this lot.
OdingMetletlands - Grading of the property was completed in the late 1960's with the initial
plardg of Poppler Addition. Minimal grading will be necessary to prepare the development
for house construction.
I(3
Planning Report - Poppler Homesteads No. 2
February 27, 1996
Page 4
Storm DrainAge/Water Ou" -As part of the upgrade of existing Poppler Lane within the
development, storm sewer improvements have been identified with City Public Improvement
Project No. 636R Poppler Lane Street and Utility Improvements. Storm water drainage from
Poppler Lane drains to Pond DP -1 S, a designated ponding area in the City's Comprehensive
Storm Water Management Plan (1990). Pond DP -15 does not have an outlet at this time. An
outlet from this pond to LeMay's Lake was given consideration in the Poppler Lane (Prof.
636R) feasibility report. However, given the fact that Pond DP -15 has not experienced
flooding in the past and that an outlet to LeMay's Lake would cause a degradation of the
mater quality of Lemay's Lake, an outlet is not proposed with the Poppler Lane
improvements. The report also states that if the water level begins to rise in Pond DP -15 and
impacts adjacent property, or if the property to the west (the best location for a possible
outlet) develops further, consideration should be given to constructing a storm sewer outlet at
that time.
Utilities - Sanitary sewer and water main were installed to service this area as part of City
Project No. 49 in 1970. The Poppler Lane public improvement project identifies the
extorsion of sanitary sewer and water services to the proposed lots in Poppler Homestead No.
2 ,and the undeveloped lots of the Poppler Addition.
Streets/Access/Circulation - The plat is presently served by Poppler Lane, a cul-de-sac street
24 feet wide with no concrete curb and gutter south of Lone Oak Road (Dakota County Road
26). Poppler Lane is located on an existing 60' wide roadway easement and is approximately
780' in length. Poppler Lane will be upgraded as part of the City public improvement project
mentioned above.
Easements/Permits/RigbA-of-Way - A 60' wide street right-of-way covering the area of the
existing 60' wide roadway easement is being proposed with the final plat for Poppler
Homestead No. 2.
A temporary easement was obtained in 1970 for the construction of the existing sanitary
sewer which crosses proposed Lot 1. This temporary easement is no longer needed for City
purposes. Also, the existing permanent easement for this sanitary sewer is not of sufficient
width for maintenance purposes. These existing temporary and permanent easements are being
vacated through a public hearing before the City Council February 20, 1996. A new
permanent easement of sufficient width for City maintenance purposes will be dedicated over
this sanitary sewer with the final plat.
Ponding easements over Pond DP -15 and Pond DP -2 (LeMay's Lake) to the defined high
water level as identified in the City's Comprehensive Storm Water Management Plan will also
be dedicated with the final plat.
Planning Report - Poppler Homesteads No. 2
February 27, 1996
Page 5
Water Quality - Water quality requirements were waived at the September. 5, 1991 City
Council meeting.
Parks and Recrr, fin, - Park and trail dedication fees were waived in exchange for easements
at the March 5, 1991 City Council meeting.
COMP TTY WITH SURROUNDING AREA
The proposed subdivision is compatible with the D-I Comprehensive Guide Plan designation
and is also compatible with the surrounding existing land uses.
SVNL4ARY/C0r,4CL0IQN
The property is suitable for development of single family homes. The subdivision is
consistent with the City's Comprehensive Land Use Guide Plan. The proposed subdivision and
variances were previously approved by Council in 1990, and due to circumstances the
subdivision has not yet been final platted The final plat will be accepted by Dakota County
for recording..
ACMON TO BE CONSIDERED
To recommend approval or denial of the requested preliminary subdivision.
If approval of the plat is recommended it shall be subject to the following conditions:
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as adopted by
Council on February 3, 1993:
Al, B1, B2, B3, 84 (does not include additional 3), Cl, D1, E1, Fl, Hl
2. Ten foot building setback variances from Lone Oak Road and Poppler Lane shall be
approved permitted with the approval of this subdivision.
3. The developer is required to upgrade the existing substandard bituminous roadway in
accordance with City Code requirements; except as modified by City Council action
January 16, 1996.
4: The developer is required to include the dedication of a public road right-of-way for
Poppler Lane in the final plat.
5. The developer is required to extend sanitary sewer and water service to the right -of- way
line of each platted parcel.
I
A.
B.
STANDARD CONDITIONS OF PLAT APPROVAL
Financial Obligations
I. This development shall accept it$ additional financial obligations as defined
in the stafrs report in accordance with the final plat dimensions and the rates
in effect at the time of final plat approval.
Easements and Ri hts-of-Wa
1. This development shall dedicate 10 -foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to accommodate
existing or proposed utilities for drainage ways within the plat. The
development shall dedicate easements of sufficient width and location as
determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights -of --way as required by the alignment, depth, and storage
capacity of all required* public utilities and streets located beyond the
boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary slope
easements for ultimate development of adjacent roadways as required by the
appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage volume requirements.
C.'dans and Specifications
1. All public and private streets, drainage systems and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines and policies prior to application for final
plat approval.
2. A detailed grading, drainage,
prepared in accordance with
approval.
erosion, and sediment control plan must be
current City standards prior to final plat
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
/l�
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. eublic Improvements
1. If any improvements are to be installed under a City contract, the appropriate
project must be approved by Council action prior to final plat approval. ,
E Permits
• 1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedication
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks, Recreation and Natural Resource
Commission and approved by Council action.
G. Water Quality Dedication
1. This development shall be responsible for providing a cash dedication,
ponding, or a combination thereof in accordance with the criteria identified
in the City's Water Quality Management Plan, as recommended by the
Advisory Parks, Recreation and Natural Resource Commission and
approved by Council action.
H. QIher
1. All subdivision, zoning and other ordinances affecting this development shall
be adhered to, unless specifically granted a variance by Council action.
Advisory Planning Commission
Approved: August 25, 1987
cT
8TANDARMCON
City Council
September 15, 1987
Revised: Ju!0 90
Revised: FebruIM2. 1 93
DAKOTA COUNTY
SURVEY i LAND INFORMATION DEPARTMENT
14955 GALAXIC AVENUE
W. Joseph L Christensen
Attorney at Law
Snelling, Christensen & Laut, P.A.
Suite 400
$101 Vernon Avenue South
Ifinneapolis, MN. 55436
January 23, 1996
RE: Proposed plat ofPOPPLER HOMESTEADS NO.2
Dear Mr. Christenson,
GARY 1t. STGVE14801% 11.6.0.
COuNly Bu"Veyopt
LAND INFORMATION DIRE010m
(812)891.7087
FAX(612)091.7031
APPLE VALLEY. MINNESOTA 55124.9579
I take exception to many points in your letter dated January 22, 1996 and strongly
disagree with your arguments.
Putt, The location of the boundaries of the proposed plat are not "based on the theory that
boundaries of the original POPPLER HOMESTEADS plat were mis-monumented in the
field", but the boundaries AM based on fact supported by professional land surveyors.
FACT: The record plat of POPPLER HOMESTEADS shows an interior angle of
89 degrees 37 minutes at the northwest corner of the plat, which is the northwest
corner of the Northeast Quarter of the Northwest Quarter of Section 10,
Township 27 North, Range 23 West. In reality, this interior angle is 90 degrees 21
minutes 27 seconds as determined by this office in the process of perpetuating the
original Public Land Survey corners of said Section 10 and the proper subdivision
of said Section 10. This angle is confirmed by both the Sunda and McGinIey
surveys. Mathematically, this dif erence in angles at the northwest corner .amounts
to approximately 17 feet at the southwest corner of the plat. The Cordes survey
has no tic to the section line or the west line of the plat of POPPLER
HOMESTEADS and therefore does not show this discrepancy.
FACT: Iron monuments found by both the Sunda and McGinley survey confirm
the angular difference between the record descriptions and the angle shown on the
record plat of DOPPLER HOMESTEADS. Therefore, the monuments found fit
the record plat as depicted on the drawing.
Second. I don't believe you are in a position to question the claim of found monuments by
both the Sundt and the McGinley surveys. Both surveyors are well respected
professionals and I trust their field findings. The monuments found may not be shown on
dw record plat, but do fit the lot corners of the plat.
ftbaw an Avg~ 0%"
AN cou" OPMRIWIT WPLUY%A
Third, in referring to the Sunde and Soukup affidavit. of course the record descriptions of.
the two plats, POPPLER HOMESTEADS and EAGANDALE LEMAY LAKE I ST
ADDITION are in harmony. There would not be the problem of boundary location if they
were dUr'erent, it would a legal description problem instead.
Fourth, the overlap of the POPPLER HOM(WTEADS plat beyond its legal description to
the east is of course referred to by the occupation line which was caused by the angular
error at the northwest corner of the plat. Mr. Sunde's plat of EAGANDALE LEMAY
LAKE 1 ST ADDITION shows this occupation area platted as Outlots A through F and
was so platted to allow deeds to be issued -to the adjoining owners to correctly relate the
occupied lands mid correct the record, thus giving the occupying owners title to their
occupation.
Fifth, I believe it is a well held standard that if the external boundaries of a plat are found
to be in error, the interior boundaries of the plat defiling lots and &tracts are not affected.
In my opinion, your unresolved questions are not based in fact or law, but on a survey
performed by W. Cordes that ignored both the record evidence of the original plat and
field evidence of its originally staked boundary. Instead, the Cordes survey moved interior
boundaries from their original location.
As I stated on the telephone, I will accept the proposed plat of POPPLER
HOMESTEADS NO.2 as surveyed by ivir. McGinley when it is submitted for checking
and filing as a correct representation of the boundaries.
Sincerely,
Gary H. Stevenson
Dakota County Surveyor
Ge: Paul J McGinley, Land Surveyor
Mke Ring, Assistant County Attorney
ll�
POPPLER HOMESTEADS NO. 42
LOCATION
/ /oZ 0
It
0 POPPLER HOMESTEADS NO.
R
7
ZONING
R-4
R-4
An'
COMP GUIDE PLAN
:77-
POPPLER HOMESTEADS NO. 2
6f�i1�o�11j��!I
�,1 I I I I �►�///l ; / � �+ 11111 1111 . � � 1 '
`,.:I r t,�'i;''i ! " •' = /�'IIIII r ,9104
lllll I'il mi,i \
lam)l r llltr 11I 1 L 1 t
W / , , 1111 -•--! -� - --• -- - '
J ;
fit
7,1
ae, lIII ll 1►1 ► • 9 0 !9
/ I��✓ ,t� I/ ..,...+�,
� 00 /
X010 . /
21
-- ---- -__— - _
f"¢' OAK ROAD
R:;�.�� �� � � �r � _ _�- - :.— = .� ����',•�� k.•f� � � 't
KK
I \�S '.,Ml.11, }SdA1.Fr. "�` \` = J• �x ;/ �� ��' `'+ /�� 1,1�
Luk �- I i ;__ c_�•���',",�
•. o / I 1 Il # i ! Ij-� dui '{ ���;
L IA.
,.�..
\\�_\ \$ ..' "�� • c i T� �a Q l..`'` 111 III '�III�'ARF
010-27
�\\�\ / � -..;� ���� .�. _ � ill IL � h P':•�� Il ;1�{II
I ch
At
S\\\ Ili �r �•._...��.
P • i 1>~ WE :: LOCATION OF SUBDIVISION 11
•
' � M rte• /. ff1. frI
t.rr • •: ra.rr r ...,.,., (lost Art A'asdl
� ,�w.w— �_� ?�X. Af •:w'Y Atli '�
s
11
FIT ;
L}
pp
`i
`j
�.
t
11
FIT ;
L}
-
E
�.
t
iz
I
ti
EXHIBIT
PRELIMINARY PLAT OF
a=�' �" '•- """ �� -" -- - POPPLER HOMESTEADS NO. 2
� � All h•
:1 .qP ;
/1Ir1/t ., M•t.r r.\.w• •w•alw seem q.t•r•
� 1
is
i
I"' e ` ...1
; � h•A 1�'• KIN lt Y•IrM41
`i i 1 • \f •.M• "t\. for Mw
•.`�
.1.
�
•`
I
/'t>Mr.Go move of •r •t..qr ts.w•.y
1tIJ•n•
romp. .r•!m
\�
�•
•
1
� :
t ' • �!
Mat
1y�1 111.1.11
a
I•
•
•..
i
fum
911 4 M"4�M • N. •
•11 WM. .w.
w.1 of u.l. W $$In
�
•
. �
rtyil 61M1M!
�
�.;.,� :r
1 ► I ' :�/1'-
.: ' • �
�•..
{
.. � t,.o.�lr, !M�•If�t
1.1
•..N .w. r •r•\ . . •
/11.1M N.n.
0.044 At.
+
f
t
`
-
;._
••1.1 .r•• d W 1.
"me ..1.. •.•r 6N •.16r ew•1
q.11/ N.R.
w•» N.n.
•.1M Y.
0.631102.
i
tilt•& .... w 1
tw. 46.0 We up "W Lw1
0.111 N.16•
Mus N.n.
I. No .••
•.1N,.[.
t
•�
1
1 •.
`
•
11
1'
14441 uw• w .M•ql
t.•1 a 1• ... 1.Up %"a l•w1
N.f1.
n•u1 N.w.
#.w1 +e.
•.N1 1C.
.1.
�
•`
I
N r.
\�
�•
•
1
� :
t ' • �!
Mat
1y�1 111.1.11
a
I•
•
•..
i
fum
911 4 M"4�M • N. •
•11 WM. .w.
w.1 of u.l. W $$In
�
•
. �
rtyil 61M1M!
�.;.,� :r
1 ► I ' :�/1'-
.: ' • �
Dacripnoa of Eu=mw to be ► mdv : Doc.
.. � t,.o.�lr, !M�•If�t
No.378233.
�I 1
' .
`
��
-!�~ • �'
;._
A Ten foot papc*W a =nW and a 100 foot
t=Mvmy amanxtim a Q�t�oym bpd
. • w � ` eta •r.
•
•�
sans tbefo&mmg de mtW iand. Oudot �A",
`
•
Papplc Hmeoteadis Sectim 10. Toaaft
t �
,tf �' • ,
•'
L,
27 Rmp 23 Ddmu Cauotyt �i
• 1
\ • •
•`�`\`;
I
1
••.� t
The said perpeud lased o bang 5 Beet as
1
eaeh side of xhr.�tb�lk.Kiy g dela ad Hoelod
50
3
1
feet m eitbw side of the aid Wowing
•
. �.,•
�,,,
aesrn7rad line: .
�
o
cmmeacia at a POW as dw North Hoe of • .
'
• . •
Outbt W. Pbppla Hmemask thenen :i Feet
Eaia of tllc Narthaese axw theme &a=
t� n..,
61
• r. ,Uftaurty
to a paint m the Eur be of said
Oudot "A" wbwoh is 350 ded Sa A of tore
Notes awm ad tbse+e Mmkilb&
1
.....r..ra r.,r•..,•..
•
~
• w
•
•
� in•.S••1�1� • • : 'fly, � �.�� : � ..
61•If •./.\Y•I r.\•I .M 1.• t /ti
i Waw
.
""•,�.,w tlxJ�iw� �lit; �•"•. ;1.•d
av rrae
r 11r• N
,•'
LG220
Rev06/95 Minnesota Lawful Gambling
Application for Authorization for an
Exemption from Lawful Gambling License
For Board Use Only
Fee Paid
Check #
Initals
Date Recd
Organization Information
Organization Name
Previous lawful gambling exemption number
VALLr< UIew�z5 1 -A1 CLu-3
X— I9os6-C(3--ov
Street City S ate Zip Code County
331 SELk-Ii: 5uRRJN V ILL, MN SS33'� �. +
Name of Chief Executive Officer of organization (CEO)
Daytime Phone number of CEO
First Name Last Name
Name of OFg_a—nization Treasurer
First Name Last Name
Daytime Phone Number of Treasurer
�. frw{fitN c
TYpe of Nonprofit:Organization'
Check the box below which best describes
Check the box that indicates the type of proof attached to this application
your organization
by your organization:
0 IRS letter indicating income tax exempt status
[] Fraternal
[2Certificate of good standing from the Minnesota Secretary
Veterans
of State's office
DA charter showing you're an affiliate of a parent
Religious
nonprofit organization
[� Other nonprofit
('roof previously submitted and on file with the Gambling Control
Board
Gambling :Premises Information .,
Nanfe of Establishment v here gambling activity will be conducted
(2tL) .A-2 V}} LE S*o-R)NG ,Mti /) 8s 6-1 SS-IZZ ` �4koT
Street City State Zip Code County
( A- I) _7 u r_ yyll- F t) u -P ES
Date(s) of activity (for raffles, indicate the date of the drawing)
L)Lq
Check the box or boxes which indicate the type of gambling activity your organization will be conducting
rv`I Bingo 0 Raffles 0 Paddlewheels Pull -tabs 0 Tipboards
For Board Use Only
Be sure the Local Unit of Government and the CEO of your organization sign
Date & Initials of Specialist
the reverse side of this application.
,gC)E) ay; Aq panlaoaJ uat4m uoi;eLwo;ui ollgnd awooeq ll!m Lwo; siy; uo Alddns not;ey;
uol;euuo;u! ay; ;o illy 'sal;lnlpe 6ullgwe6 In;nael 6UIWDA06 solni pue san;e;S a;osauulyy y;lM aouelldwoo
ino�( sulwja;ap o; (13C)E)) pieog Ia;uo6 BullgweE) ay; Ail pasn aq II!M wool sly; uo powenbai uol;euuo;ul 9111
'easy 049114 ay; u! £9£S-L6Z Jo easy e;osauulyy Ja;eaJE)
ay; ul USE -M -009-I, le aolivas AelaN e;osauufV4 ay; ileo stew oal a Bulsn slenpinlpu! pajledw! 6uueaH
'0004-6£9(2 L9)
;e pieog ioi;uoo Bullgweo 941 jo uoijoaS Buisueoll ay; o; popajlp aq pinoys uuo; sly; uo suo!ponD
-;.sanbei uodn (alllejq ';uud o6jel -e*J ;eLw0j and;ewa;le ui olgellene spew aq Illm uol;eollgnd slyl
>r«SS NW'ail!nasob
S00£ a;!nS 8 pN l4unoo M �LL�
p ieo8 Ioiluoo Bu!14weO
:o; s;uawtompe pus uo!;eo!idde a;aldwoo ay; I!eW
•sn;e;s;yo.iduou;o joojd jnoA jo Rdoo a pus sal uopo!ldde SZS ay; yoege o; aims a8
7/4!n!;oe jo a;ep palnpatos moA o;.joud sAep Sip ;seal;e uol;eolldde ay;;!wgnS
a;aldwoo pus a;emooe 'ani si uogewjoju! Ile pus uol;eolldde sit; peas aney I
aaop '9nrnax3 ja!yo.:jo u;e0
uounildde guiBpolMotgoe uosiod 3o all!.I. uopeo!ldde B rn!aoal uosaad 3o 2pU
:pausiS ale(1 �b -� • +,► :panic;eQ
uo!leo!ldde 8ur8p ItAouxoe uosiad jo mnleu8!S
uo!;ea!lddd
jo ssauaaebd jo;um3palmouilad dlgsubojL
uorleaTldde 8u!nraoai uosiad jo oinmB!S
uol;BallddV
jo ;dlaaag jo ;uaruSpalboualad Auno j to f4! j
�ylnlpe ay; nnolleslp o; toltnn u1 step og aney sselo;sig ay; jo sa11C) -molaq ui pall
a;ep ay; jo sAep p£ mt4l!m pieog Ioi;uoC) BullgweO ay; Aq panlaoaJ eq Ism uol;nlosei ;et; }o Adoo
V A4ln40e at;;lgltoid Alleog!oads o; uognlosai a sessed;uawwano6 jo;lun leool ay; ssolun 'panlaoaJ
useq set uol;ewjo;u! tiessoosu Ile pus ejeldwoo si uo!;eoildde ay; papinoid 'uol;eolldde ay; pauft
;uawwano6 ;o 11un leool ay; a;ep ay; wojj (sselo ;sl, ay; ;o sal;lo jo} sAep 09) sAep or, uet; aiow
jou ponss! aq 11!m uogdwaxe ay; 'pjeog loquoC) BullgweO ay; o; uogeolldde sly; jo uolsslwgns uodn
morleotldde ue Auap lou deur dlgsunnol, d :gjpH '4
•luawmianog jo ;!un leaol aql Aq pa!uap sr lr y pmg
lolluo:) 8u!lqumD agl of ummogdde sup )!wgns .LoN OQ '£
•s;!urg Ap ulg;!b;ou s! sasnum 8urlqure8 agly uop
-eorldde sall. rr$!s lsnw dnlmmcri pue f4unoo aqL 'Z
•s;nall fop u!q;!b s! sosruraid
8urlqun:8 agl3! uolleorldde srgl u8!s l.snw A3!o aryl„ • l
uacui6j_GjM0uxoV juawuJano f). jO nun /eoo
pa;e.jodjooururF] pamegiouTo pozms op :d!gsunnoZ oql jo smuts al.eudoiddv oql xool3
aweH drrlsunnos
oum,K XlunoZ)
At
gsumoZ ay; pue 44unoo aril. jo aureu agl. 21pm `oNg
(V -V ` -V �j auMH ALID
:A!o all. 3o oumu all. Gapm `sa)L 3I
ON Q sadIAJ �sl.nuil �l.!o uigl!m pal.eool sasnuaA 8urlqure8 scr{i sI
uot;otpsynr;uawuaaAoC jo;dun ieoo7
CITY OF EAGAN
3830 Pilot Knob Road
Eagan, MN 55122
(612) 681-4600
APPLICATION FOR ON SALE LIQUOR LICENSE
EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a
partnership, a partner shall execute this application. If this is a first application attach a copy of the articles
of incorporation and by-laws.
Applicants Name (Business, Partnership, Corporation)T Trade Name or DBA
Jensen's E2122r Club, Inc. _ Jensen's Supper Club
Business Address Business Phone Applicants Home Phone
2925 Dean P 612 929-3848 612 929-3848
City County State -T-Zp Code
Minneapolis Henn MN 55416
Name of Restaurant Manager Manager DOB License period
From: To:
Doron R. Jensen 9-1-58
M a corporation,give name,title,address,phons numbers and date of birth of each officer. If a partnership,give name, address,phone
number and date of birth of each oartner.
Partner/Officer Full Name and Title
Doron Richard Jensen 612-929-3848 612-929-3848 9-1-58
Address Business Phone Home Phone DOB
2925 Dean Pkwy Minneapolis, MN 55416
Partner/Officer Full Name and Title
Derek Luther Jensen F 1 7_Arr,,_F4^,-� 2=2.6-63
Address Business Phone Home Phone DOB
�?" Palr-c)n Wad Rnunn, MN 5919,1
Partner/Officer Full Name and Title
Rica;Z�, Alvin Jansen 847-823-1033 7-4-34
Address Business Phone Home Phone DOB
612 Seminary Ave. N. Park Ridge, IL 60068
LICENSE TYPE:
X ON -SALE RESTAURANT
5500 sa ft Amount floor area
200 Number seating
5-11 Hours food available
4o Number employees
ON -SALE HOTEL
Amount floor area/
dining room(s)
Seating/dining room(s)
Hours food available
Number of guestrooms
ON -SALE CLUB
Amount floor area/
dining room(s)
Seatalg/dining room
Hours food avaWe
FOR CLUB LICENSE ONLY:
Date of Incorporation:
Purpose of Club:
Number of members:
Officers, Board of Directors, Manager:
Full Name Address DOB
Full Name Address DOB
Full Name Address DOB
f
During the past year has a summons been issued under the Liquor Civil Liability Law MS 304A.802?
Yes X No If yes, attach summons copy.
Has Applicant or any of the Associates been convicted during the past five years of any violation of federal,
state or local liquor law?
Yes X No If yes, give dates and details.
Are any taxes,assessments or utility bills for the premises unpaid or deliquent? Yes X No If yes,
give reasons.
Have you ever had a license suspended or revoked? Yes X No If yes, give dates and reasons
for action.
What vendor of amusement devices will have machines on the premises?
None
Name of vendor Address # of Machines
Describe proposed entertainment: None, sit down dining only
DOCUMENTATION:
✓ Provide two copies of Articles of Incorporation for each corporation with financial involvement.
V, Provide financial statement of net worth for all principals who have at least five percent (5%) interest in the
business, partnership or corporation. The statement must be prepared by a CPA.
Complete a general information form for each business, partnership or corporation.
Complete a personal information form for each person who has a five percent (5%) Interest in the
business,partnership or corporation.
**Provide a Certificate of Search from the U.S. District Court for any pending civil or criminal action.
**applied for
**Provide Certificate of Insurance covering liquor liability.
**applied for
1 96
L----,
Date Applicant
Subscribed and swom to before me
this day of 19-26-
ELIZABETH A. WITT
` NOTARY PUBUC-MINNESOTA
OWTA COUNTY
MY Commission E, Tress Jan. 31, 2000
Comments:
NotaryPublic D&JI t4- County
Mycommission expires:Z 3 . � ao
POLICE DEPARTMENT REPORT
Date Department Title Signature
9.93
city of eagan
DATE: March 13, 1996
TO: Eagan City Council
FROM: Detective Doug Matteson
POLICE DEPARTMENT
MEMO
SUBJECT: Jensen's Supper Club, Liquor License Application
I have conducted a thorough background investigation into this
matter, (Eagan Police Department case number 96001463) and cannot
find any reason to deny the applicant, Doron Jensen, an on -sale
liquor license for Jensen's Supper Club.
REPORT FOR CLIFF ROAD (C.S.A.H. #32)
STREET AND STORM SEWER RECONSTRUCTION
CITY PROJECT NO. 680
EAGAN, MINNESOTA
MARCH, 1996
I hereby certify that this plan. specification. or 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.
Gregory J. Stonehouse. P.E.
Rea. No. 23170
Reviewed by:
Steven D. Gatlin. P.E.
Rea. No. 12754
MSA, Consulting Engineers
1326 Energy Park Drive
St. Paul, MN 55108
Phone #: (612) 644-4389
Fax #: (612) 644-9446
Date
DRAFT
FEAS-112.030 112-030-10
March 11, 1996
File: 112-030-10
I11SfLT11G EIGIIEM
1326 Energy Park Drive Honorable Mayor and City Council
St. Paul, MN55108 Citv of Eazan
612-644.4389 3830 Pilot Knob Road
Ewan, Minnesota 55122
1.800.888-2923
For 612.644-9446
RE: CLIFF ROAD (CSAH 32) RECONSTRUCTION FEASIBILITY STUDY
PROJECT NO. 680
Dear Mayor and Council:
Attached is the feasibility study for the reconstruction of Cliff Road from 500' east of Pilot
Knob Road to 1000' east of Lexington Avenue.
The improvement project consists of total reconstruction and widening of the existing
"V..:NGNEE:;i,G roadway to an urban standard. Included in this project are the construction of bike trails,
ENVIRONMENTAL the installation of a storm drainage system. the extension of the trunk watermain east from
MUNICIPAL Lexington Avenue, and the addition of several sanitary sewer and water services. The total
'LANN'NG estimated project cost for these improvements is $3.7 million. The cost of street
501;DWASTE reconstruction and some utility costs will be shared with Dakota County. The rest will be
ST;UC ,;RAL financed using available City funds and through assessments to benefitted property owners.
SURVEYING
RA=;:'c If you have any questions regarding any of the information contained within this report,
3AAS=ORTAT,G:, please contact our office.
N,caL Sincerelv.
OFFICES IN:
MINNEAPOLIS
PRIOR LAKE
ST. PAUL
WASECA
MSA. CONSULTING ENGINEERS
S even D. Gatlin, P.E.
SDG:am
Reviewed by:
Reviewed by:
Department of Public Works
Finance Director
Date:
Date:
FE.%S-I 1'_.0.0 An Equal opportunity Employer 112-030-10
TABLE OF CONTENTS
TRANSMITTAL LETTER ........ i
SCOPE.......... ........................................ 2
FEASIBILITY ............................................. 2
DISCUSSION .............................................. 2
Street Reconstruction .......... ............................... 2
Exhibit........................................... 1
Exhibit........... .................................3
Exhibit........................................... 4
Bituminous Trails ..................................... 2
Storm Sewer Construction ................................ ..... 5
Holland Lake Connection ................ , ............ 5
Exhibits 4a -4d ......................................... 6
Exhibit.................................. ........ 10
Sanitary Sewer and Water Construction .................. . 11
Exhibits 6a -6c ........................................ 12
COST ESTIMATES.. ................... 11
PROJECT FUNDING ....................... ................ 15
ASSESSMENTS ........................................... 16
Project Assessment Area ................................ ... 17
RIGHT-OF-WAY AND EASEMENTS 17
Exhibits 7a -7b .. .. .......................... .. . .... . . 18
PROJECT SCHEDULE ...................................... 20
PROJECT RECOMMENDATIONS 20
APPENDIX A - PRELIMINARY ASSESSMENT ROLL
a
FEAS-112.030 -ii- 112-030-10
I
7.
` T '` caz
Lake Hlackhaw
m
catad n1c AVL w� P8►
cr. 101 ,A .MT CK
IML m ..4
men M.Lu am ftm
�* sAeTEL� B AWL
� fla>r1n ne �o
4 W
vtsaoTT
k
At Mcea g
aL
AN M.4& SKriARK T.I.&
DR.
� � � 1[AODVI.AIOf CT. �� � Ct � C�' >• � r .W+'
Tot.
J 2
N.y[TTVj" CUL
cl, ft vdDEMlSS PASK caa
vILOObE3S PARK CT3 j I
r
44 X
cmgm PC" 30
L, mrncy
PT. f i xy y N a A
Lt
M' S i'iRm \4 ST. J 4 LA J G�u�gl y(�,o ilii. i ou W.
CLEU 60 CM ST. �~ s I� 1 Lake a�' �, vnneac Rn Cm
v
1c ( saiscR � cr. g sAl1 VL 1 cr. v.
Z1r1ORcr. Is
CQ�d CUL
A7 A%hR r uY �lS W J 42.
`" t
PROJECT LOCATION �°-�' y W
M 4n AaaARals J
a W : It Lake Eci RIE ssL^
Htrr ;�' HALLARO `ems rr4s 44 c' iyt� u yK
BEECHER o iyJ- OR MLC i it oNc LWJ y aatfk`I►4'v L! pGt LEST'
Sf1' TR
CIFL
tME
(1"`di CUL ???�Q,� 43'
44 41.
lotY Wy ti! Gy 1^ cc TI;
J . 'y C
S SSS a _. 1 4 iG
CL
u ►. C aL Rao N 7.
race n4 - LANCASTER LA. li s`' "rm
WAY Cl.Evs eLvn
�� ►�•► J ,�� R7Q+ARAS" Q g� °� n
�S t, v%� y��y'�w �,vpr p9�, CT. .t} C�• y� -04 �.. �
y� J v VI�'�Gd 4��7a l^` Q� �� uW �QQE•
L ^ Y S Si7 a 64
LA _C �� P
CD! 6? gntataw , P N o = HLake
l �$ �v H� �t. �� > " �` �' (i x� Lebanon Hilts
i' c, Regional Park
��p p ;
O'Brien
v"Y Lake
W � u• fit.
SifRV I.,*,,). TM rl CARRIAGEiw N
CT.
Gerhardt ;4=4® u�"
Lake T=
\ d
N 17 -. rr , r �. r ..
0 2000
ILE f a, d t L G;
CLIFF ROAD
MY OF EAGAN PROD. NO. 680
I W�u��EI1�It�S I
PROPOSED I-M-_PROVEMENTS
••-._..�..., � s.,r� cILyvrcacjan�
SCOPE
This project provides for the reconstruction of Cliff Road (CSAR 32) from approximately 550'
east of Pilot Knob Road to approximately 1.300' east of Lexington Avenue (Exhibit 1). The
following items are major components of this project:
r Regrading, reconstruction, and partial realignment of CSAH 32.
* Construction of bituminous trails on both the north and south sides of Cliff Road.
■ Construction of lateral and trunk storm sewers to convey storm water from the street
surface and abutting areas.
Reconstruction, adjustment. and extension of existing utilities.
• Installation of street lights.
The upgrading will provide an improved east/west arterial for the City between two major
roadways (Pilot Knob Road and State Highway No. 3).
FEASIBILITY
The project is feasible from an engineering standpoint and is in accordance with the master Utility
and Street Plans for the City of Eagan and Dakota County. The project as outlined herein will
be administered by Dakota County. The City of Eagan will be required to enter into a cost
sharing agreement with Dakota County similar to those for past improvements.
DISCUSSION
Street Reconstruction
The primary street improvements consist of the widening and reconstruction of Cliff Road within
the project limits. Cliff Road, east of a point 550 feet east of the Pilot Knob Road intersection,
is presently a two-lane, rural road. Segments of Cliff Road adjacent to Pilot Knob Road to the
east and west were upgraded as part of the reconstruction of that street. It is proposed to connect
to that reconstructed section of Cliff Road, east of Pilot Knob Road, as part of this project.
The specific improvements proposed for Cliff Road will involve complete street reconstruction,
including grading, paving, and storm sewer construction. The existing street section will be
removed and the new street section will include concrete curb and gutter. The design street width
will be 86 feet which will provide for four driving lanes, shoulder safety lanes and an 18 -foot
wide center median. Typical street sections are shown on Exhibit 2. The typical intersection
layout is shown on Exhibit 3. Both north and south right and left turn lanes will be provided at
the intersections with Ches Mar/Fairway Hills Drive, Dunberry Lane, Oak Chase Road, and
Lexington Avenue. Right and left turn lanes to the south will also be provided at Park Cliff Drive
and Park Ridge Drive.
Bituminous Trails
Eight -foot wide bituminous trails are proposed to be constructed along each side of the street
improvements, maintaining a 5 -foot minimum boulevard between the trail and the back of the
curb. These trails will be built in accordance with the City's Master Trail Plan. The design
section will consist of 2 inches of bituminous pavement atop a 6 -inch aggregate base.
FENS -1 12.030 -�-
112-030-10
r�
O
m
rl
c
E
co�/�
,
(D
;i
0z
O
F-
o
QO
�
I �
cc
:0 C
LL
CL
li U
c
j v�
z
F
i
i
E
co�/�
,
(D
CO
0z
O
F-
o
QO
O
cc
w
LL
CL
W
U-
a
F
LL
co
UU
U
O
O
cc
LL
LL
U�
0
ul
0
0
0
co
zo p
Q O
C az
LL Q CL
�Cl
a �W
Uw �
o
U
t
t
�►
0
ul
0
0
0
co
zo p
Q O
C az
LL Q CL
�Cl
a �W
Uw �
o
U
Storm Sewer Construction
Storm sewer improvements will involve the use of both existing facilities and the construction of
new laterals and trunk systems. The proposed improvements are shown on Exhibits 4a, 4b, 4c,
and 4d. The revised storm drainage system is shown on Exhibit 5. At the intersections of Ches
Mar Drive/Fairway Hills Drive. Dunberry Lane. Park Cliff Drive. Oak Chase Road, Park Ridge
Drive and Lexington Avenue, the existing storm sewer will be modified to match new street
widths. New lateral storm sewer with catch basins is proposed for Cliff Road between Ches Mar
Drive/Fairway Hills Drive and the lift station east of Lexington Ave.
Additional improvements include the extension of the 72 -inch RCP west of Ches Mar Drive to
the existing manhole (it is currently connected with a 30 -inch RCP), and the replacement of a 24 -
inch RCP at Cliff Ridge Court with larger diameter pipe to remove a potentially restrictive section
of pipe from the system. These improvements are recommended to meet increased capacity
requirements due to widening the road and changes in the drainage patterns from tributary
property.
Lift Station
Also as part of this project. the existing storm sewer lift station north of Holland Lake and the 18 -
inch DIP force main were evaluated to determine whether the system required increased capacity.
Widening the pavement will increase the amount of runoff. and filling of the ditches will reduce
the available storage capacity of the areas draining to the lift station.
The existing storm sewer lift station and forcemain should be able to meet future needs as long
as the City continues to follow recommendations outlined in its Stormwater Management Plan
developed in 1990. The lift station consists of two pumps capable of pumping at 4.0 cubic feet
per second (cfs) individually. and 7.4 cfs when both are in operation. It currently serves an area
of nearly 700 acres. although with future expected development. it would serve about 1.200 acres.
The 1990 Stormwater Management Plan took this potential growth into consideration, and
established development guidelines for storage and maximum flow that would not tax the existing
storm sewer system.
Holland Lake Connection
Also evaluated in this study is the potential future connection of Holland Lake (which currently
has no outlet) to this system. This could increase the drainage basin to include up to 2,885
additional acres of the Lebanon Hills Regional Park as outlined in the 1990 Stormwater
Management Plan. This area has Holland Lake as its low point, which could easily be connected
to the lift station with overflow piping. The area is expected to remain undeveloped and should,
in its current condition, be able to accommodate the runoff of the 100 -year event storm.
However, should conditions change, a connection to the City's storm sewer could be useful. This
issue has been discussed with the Dakota County Parks Department, and it is understood that the
connection would be limited to use during off-peak conditions only. The 1990 Stormwater
Management Plan allows for a maximum outflow from Holland Lake of 6.0 cfs during off-peak
conditions. As long as these recommendations are followed, the existing lift station can meet
future demand projections.
112-030-]0
FEAS-112.030 -5- ,.
C=
00
LL
3Arzia ?JVW S3H
x :-i
l � � G~
CO
>
lzn
_u
CN
N
to
co
lu
lu
o Al
w
00 >
(D 0
r.0
rr.
Z a.
0 cc
CN m w w
cr
CL 0 Cf)
z w
LL < a- CO
Ln
LL (-1 0 m
CN
, z CC cr
a. 0
W
IxU- CO
0 a
Q
tu
W
c)
y
0
r�
u
J LU"
W
C2
QQ2
W
CW
G
co
>
0
o
�
�
Q0�w
i LCO
0
1L
aCO
N
W
CC cc
0- 0
3
�
v
r
r
Q
W
Cs
m
F tD
LLJ
Z¢
r—
mLo
C
os
to o `'' Fn
eu
$
o F-
N
oO
N
< 3
S y
�o
ro
a
8 M
Z
3
W
1
R O
O
S �-
N
}
N
S
•o�
V
m
8ru
8
F
F�
.::
w
Z 0
J LU"
W
C2
QQ2
W
CW
G
co
>
0
Q
0
5-
Q0�w
i LCO
0
1L
aCO
Om
W
CC cc
0- 0
UO
r
r
Q
W
21Ip 1 N
ii. N
RN > C
N N 2
's� I MRS
1 \nj o c
\! �"of7 Ili d f i o �y 1�•,•: �
IL W W W
o j I I
'and N(31E)NIX---'l V� • �� � i � �
to
e f` � ��j�= : rte' 1 � fit- _. •I
cli
N o `'i c
O W f U
W C.
! �� O vJ:
3Ny i N0 -Z'.7
CN CD
co
01 0
C5 cr
CL
CV
1Ir; 1 V7 coil I-7 \ Q
1 _
0 W
Q U3
oN IZ
�QO� F CL
02
LL a Bit W Q a
Iw I— -
CL � L11 LL O
LL CO
Z
W Q A� GNASE �ti �. �121t1d V
(j� lu
a a
Wq*f.. •� -
CD
~ ti 1
g � 1
Coen
W
C^ N t
n
M7o l
W
`-1
MW
O
CJ
0
V
O
L?
Z
w
2
b
cc
w
p
Q
z
Q
O
0
w
PY
a-
c
pw
LL
UQa
Z
QEL
CO
�
a- 0
Uw
LL
0
�
a
U
�.
w
w
IE
co
O
L?
D
C=
5 „^
C=
MM
•
u
c
0
to
In
0
i0
Sanitary Sewer Construction
It is proposed to extend a lateral sanitary sewer stub from the existing sanitary sewer main to
service Parcel 10-03400-011-02 to accommodate future development, as shown on Exhibit 6b.
This construction will consist of core drilling an existing sanitary manhole and installing sanitary
sewer pipe to the right-of-way at the undeveloped parcel to minimize disturbance of newly
constructed streets.
Also included in this project is the construction of a 3 -inch sanitary sewer force main to service
the Dakota County Park Shelter. This force main would cross Cliff Road and run down the
property line dividing Lots 14 and 15. Block 2 of the Ches Mar East First Addition. before
connecting to the existing sanitary manhole in Cantebury Circle. This is shown on Exhibit 6c.
Watermain Construction
It is also proposed to extend the existing 24 -inch watermain which currently ends at Lexington
Avenue. This construction would consist of an 18 -inch watermain, 1100 feet east, to the eastern-
most construction limits for the project. Further extension of this trunk will be completed at a
later date as part of the reconstruction of the remaining Cliff Road segment, and will serve as a
link to the 12 -inch watermain at Dodd Road. y
Additional watermain improvements include providing two new 6 -inch services to the Parkview
Golf Course, one 6 -inch service to Parcel No. 10-03400-011-02, and a 6 -inch service to the
Lebanon Hills Regional Park. Watermain improvements are shown on Exhibits 6a, 6b, and 6c.
COST ESTIMATES
The estimated cost for this project, which includes 10% for construction contingencies and 35%
for indirect costs, is summarized below. Indirect costs include legal, engineering, administration.
and City financing. Easement acquisition costs are being determined by the County and are also
included below.
Cliff Road Reconstruction
$2,560,000
Bituminous Trail
116.200
Storm Sewer
Catch Basins and Leads
130,325
All others within Cliff Road
355,650
Sanitary Sewer and Watermain Adjustments
7,160
Sanitary Sewer Services
2,670
Holland Lake Lift Station
40,060
Watermain Services
17,430
Watermain Extension
65,200
Right-of-way
380,000
Street Lights
16.000
Total
$3,690,695
FEAS-112.030 -11- � < t .i --112-030-10
CN
r s
� ? n
co ^ W
4! T F tp o Z u
C �
•�. N
co Q
~ S W
F-- f= r
77
so <
i
C",
,
FI) Z \
W
i C
3AINC bdw S3H:
8
.1
J Lai .
3.1
W W
W N
Y
MOO
CL
co
W
O
z
>
0
��
m
O
jr
im:
a—
w
CD �
LL
Q
[L H
Q
a Q
-�
Uw
w
C Q
O
Q
w
U
�
CO
-
3NV-1 NOMI -OH
r
o e � 0 8�
oun) `� r, °° CN
UIZE
M �
c
N
I
G
__,
�
z
W
U
W
co
M
le v�
C
H/
Z
Q
ez.
Q Z,
GG Gi
m �
2
�
IL
0)
0
U-
Q
Ig.14
_I
Q
W
a -
U
LL
°z
cm(A3
7[ W JC
W W W
l
0
I iN �I
appLC
"
Lf
aaQ �1
� x o
CNN
r
W
U
W
co
M
(:5
z
>
o
0
CL
o
1=W�
�
IL
0)
0
U-
Q
o Q
_I
Q
W
a -
U
LL
°z
o
a
Lf
aaQ �1
� x o
CNN
W
U
�
co
Lf
aaQ �1
� x o
CNN
to
W
Y
Q
K _ A}
�= t
A-.,nE3
tD
LO
'NI' a t N N i
r N ^N v •r. N
I •)Cf
N
— G .
n C r
N � e
o►� Ln -w M N m CV
i TAV NQZDNIX-71
rCYS
IL
a
W
�
pz
o
Q 2W-
2;6L
a
�
w
ry0ry�
4.
00
S
CC
a-
O
CO
IL
CF) cc
UJ
'
iiQ
! LL
00
^
w.
-�
VLL
g n
z°
€
o
a
ccW
U
�
cri
a
c
ro
ul
OF
tp
0
�I
■`1 1
1 V I
IL
a
W
�
pz
o
Q 2W-
2;6L
a
ry0ry�
4.
00
c
ro
ul
OF
tp
0
�I
■`1 1
1 V I
N �
q •1 S2
• n0000m m
Cp
WN
R W
fA
c0
W
�
pz
o
>
Qo
ry0ry�
4.
00
CC
a-
cr
IL
CF) cc
UJ
'
iiQ
! LL
00
o<
Q
-�
VLL
z°
o
a
ccW
U
�
cri
N �
q •1 S2
• n0000m m
Cp
WN
R W
PROJECT FUNDING
As previously indicated, the City of Eagan and Dakota County will enter into a cost sharing
agreement for this project. A summary of City/County cost allocations is presented in the
following tables:
City of Eagan
Dakota County
(Percentage)
(Percentage)
Cliff Road
45
55
Bituminous Trails:
Cliff Road, North Side
100
0'1'
Cliff Road, South Side
100
0
Storm Sewer:
Catch basins & leads
45
55
Other storm sewer within
100
0(2'
Sanitary Sewer & Watermain
45
55'3'
Sanitary Sewer Services
100
0
Holland Lake Lift Station
100
0
Watermain Services
100
0
Watermain Extension
100
0
Right-of-way
45
55
Street Lights
100
0
City of
Dakota
Eagan
Countv
Total
Cliff Road $1,152,000
$1.408.000
$2.560,000
Bituminous Trails
Cliff Road. North Side 31,100
27,0001"
58.100
Cliff Road. South Side 58.100
0
58.100
Storm Sewer:
Catch basins & leads 58,645
71,680
130,325
All other w/in Cliff Road 349,370
6,280(l)
355,650
Sanitary Sewer & Water 2,770
4,3903)
7,160
Sanitary Sewer Service 2.670
0
2,670
Holland Lake Lift Station 40,060
0
40,060
Watermain Services 17,430
0
17,430
Watermain Extension 65,200
0
65,200
Right -of -Way 171,000
209,000
380,000
Street Lights 16.000
0
16.000
Total $1,964,345
$1,726,350
$3,690,695
FEAs-112.030
-15-�..
L 112-030-10
"I Dakota County participation = $27,000 from County Bikeway Funds.
(21 Dakota County participation = $6,000 per centerline mile of storm sewer.
(31 Includes $1.000 to insulate watermain, paid 100% by Dakota County.
Revenues from the proposed street and utility service assessments are listed in Appendix A and
summarized below:
Cliff Road $448,995
Water Services 17,430
Sanitary Sewer Services 42,730
$509,155
Based on these assessments, $1,455,190 ($1,964,345 - 509,155) will be required from the City
of Eagan to fund the City share. Funding sources include the major street fund, dedication fund,
and various utility funds.
ASSESSMENTS
Assessments are proposed to be levied against the benefitted properties in accordance with the
City of Eagan's current Assessment Policy. A preliminary assessment roll is included in
Appendix A, attached to this report. Assessments are separated into street and sanitary
sewer/water service assessments for clarity.
Street improvements are proposed to be assessed against benefitting properties. The commercial
rate of $120.91 per assessable front foot and the multi -unit rate of $90.15 per assessable front foot
was used to determine assessments for the properties on Cliff Road in accordance with the 1996
Fee Schedule for the City of Eagan. The affected properties, with their front footage, are
anticipated on Exhibit 7.
Sanitary sewer and water main extensions to serve future subdivisions or development will be
assessed to the abutting property they currently serve. Sanitary sewer and water service proposed
herein may be modified based on further discussions with property owners. In the event
additional services are requested, they will be constructed and assessed in accordance with this
report.
The property owner will have the option, at the time of the assessment hearing, to pay the
assessments in full or include the assessments as part of their property tax statement. If the
assessment is included on the property tax statement, it will be spread over a 5 to 15 year period
and at an interest rate determined by the City Financing Department.
FEAS-112.030 -16- 112-030-10
Project Assessment Area
Listed below are the parcels which abut the project and are proposed to be assessed:
Single Familv Re idential
Parcel #10-03400-011-02
Parkview Gulf Course
Parcel #10-03400-010-25
Dakota Countv Park
Parcel #10-03400-010-01
Parcel #10-03500-010-28
Listed below are the parcels that abut the project but are not proposed to be assessed:
Oak Chase 4th
Lots 7-13 Block 1
Oak Chase 5th Addition
Lot 1 Block 1
Oak 6th Addition
Lots 1 & 2 Block 1
Joseph Connolly Addition
Lot 1 Block 1
Lot 1 Block 2
Fairwav Hills
Lots 4-9 Block 2
Lot 1 Block 2
Lot 1 Block 1
Lots 3 & 4 Block 1
RIGHT-OF-WAY AND EASEMENTS
The project will require acquisition of additional street right-of-way (ROW). The existing ROW
varies from 100 to 150 feet wide and the new ROW will be acquired to a width of 150 feet. In
addition, temporary construction easements, permanent drainage and utility easements, and slope
easements will be acquired for the various utility improvements included as part of the project.
The easement acquisition/ negotiation process will be administered by Dakota County. At the
time this report was prepared, all the specific easement requirements for each parcel had not been
determined by Dakota County.
FE.as-112.030 -17- 112-030-10
Ches Mar ;nth Addition
Park Cliff 2nd_
Addition
Lots 1-4 Block 2
Lot 7
Block 4
Lot 1 Block 1
Lot 8
Block 2
Ches Mar East 1 t Additin
Park Cliff
Lots 12-16 Block 2
Lots 1-4
Block 1
Lots 27-31 Block 2
Lot 1
Block 2
hes Mar East 4th Addition
Cliff Ridge
Lots 11-18 Block 1
Lots 3 & 4 Block 1
RIGHT-OF-WAY AND EASEMENTS
The project will require acquisition of additional street right-of-way (ROW). The existing ROW
varies from 100 to 150 feet wide and the new ROW will be acquired to a width of 150 feet. In
addition, temporary construction easements, permanent drainage and utility easements, and slope
easements will be acquired for the various utility improvements included as part of the project.
The easement acquisition/ negotiation process will be administered by Dakota County. At the
time this report was prepared, all the specific easement requirements for each parcel had not been
determined by Dakota County.
FE.as-112.030 -17- 112-030-10
0
0
1 wl t• I. i
W
C
U
2
M
U h
J
in �
a
f%1 Z
< Q
gali
H �
J J
02
L <
V
V W ;A
Z a.
ti
a vn
D' W W W
Z' < «
ALJ ' In y 0
W W y
JI <
e e e
s '
w
O
O
O
cLw
ZCO
LL
a
w
�
-�
�w
w
�
Q
O
U
/i
0
0 0O
M�M
O
�W
O
0'-.
co
O
r
7111 /41�Jmp1
�-
f Yt
z
4
v
a
W
cr)
ge
^
w
CO
a
•
c
U
0
0 0O
M�M
O
O
0'-.
co
O
a=
CC
�-
w
�
z
U—
v
a
W
cr)
J
UL
w
CO
a
O
U
PROJECT SCHEDULE
The following is a preliminary schedule for the proposed improvements. The main concern
during construction will be the maintenance of traffic to the properties where the only access is
from Cliff Road. These properties include the Park Cliff Additions and the Park View Golf
Course. Project specification will address this as the project proceeds.
Present Feasibility Report April 16, 1996
Public Hearing - Authorize Plans and Specifications May 7, 1996
Approve Plans and Specifications and Submit to County Julv 16. 1996
Open Bids/Award Contract September 1996
Complete Construction Fall 1997
Assessment Hearing Fall 1997
First Payment Due with Real Estate Taxes May 1998
PROJECT RECOMMENDATIONS
The project as outlined in this report will be administered by Dakota County as pan of its Capital
Improvements Program. The recommended reconstruction includes widening the road. removal
and replacement of the existing subarade, new paving, constructing a storm sewer system to direct
the runoff storm water, the extension of an 18 -inch trunk watermain, and various utility service
installations and repair.
The estimated cost of reconstructing Cliff Road is approximately $3,690,695. This estimate
includes construction costs and all overhead associated with the project. The cost would be
financed using a combination of Dakota County funds, assessments to benefitted properties, and
City street utility funds. The City of Eagan will be required to enter into a cost sharing agreement
with Dakota County similar to past agreements for comparable improvements.
This project is technically feasible from an engineering standpoint and is in accordance with the
Master Utility and Street Plans for the City of Eagan and Dakota Countv. Economic feasibility
of this project should be determined by the City's Financial Department.
FEAS-1 12.030 -20- 112-030-10
APPENDIX A
FEAS-112.030 112-030-10
Appendix A
Preliminary Assessment Roll
Cliff Road (CSAH 32) Reconstruction
Project No. 680
Street Assessments
Utility Assessments
Parcel
*N 1/2 Section 34
Parcel 010-25
Assessable
Pootaee
1330
Rate per
FF
$120.91
Cliff
Road
$160,810
Water
Services
$9,380
Sanitary
ervice
Total
Assessment
$170,190
Parcel 011-02
Lebanon Hills
Regional Park
348
$90.15
$31,372
$4,690
$2,670
$38,732
*N 1/2 Section 34
Parcel 010-01
1303
$120.91
$157,546
$157,546
*N 1/2 Section 35
Parcel 010-28
821
$120.91
$99,267
$3,360
$40,060
$142,687
TOTAL
$448,995
$17,430
$42,730
$509,155
city of czagan
Report for
Safari at Eagan 3rd Addition
Pond BP -39 Grading
Thomas Center Drive Right Turn Lane
City Project No. 699
Eagan, Minnesota
March 1996
File No. 49574
Bonestroo
Rosene
Anderlik &
Associates
Engineers 6 Architects
st. Paut, Minnesota
March 14, 1996
City of Eagan
3830 Pilot Knob Rd.
Eagan, MN 55122
Re: Safari at Eagan 3rd Addition,
Pond BP -39 Grading
Thomas Center Drive Right Turn Lane
City Project No. 699
Our File No. 49574
Dear Mayor and Council:
Soa
f l• t a
r�
Attached is our report for Safari at Eagan 3rd Addition, which includes Pond BP -39 Grading and
Thomas Center Drive Right Turn Lane improvements. The proposed improvements are presented
and discussed within the report, along with a detailed cost estimate and preliminary assessment roll.
We will be pleased to meet with the Council and other interested parties at a mutually convenient
time to discuss the report.
Yours very truly,
BONESTROO ROSENE, ANDERLIK & ASSOCIATES, INC.
Mk A. Hanson
MAH:pr
Reviewed by:
Department of Public Works
Reviewed by:
Finance Department
Date:
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 State of Minnesota.
Mark A. Hanson
Date: March 14 1996 Reg. No. 14260
aU`�
SAFARI AT EAGAN 3RD ADDITION
POND BP -39 GRADING
THOMAS CENTER DRIVE RIGHT TURN LANE
EAGAN, MINNESOTA
CITY PROJECT NO. 699
TABLE OF CONTENTS
Page No
LETTER OF TRANSMITTAL 1
TABLE OF CONTENTS 2
SCOPE 3
FIGURE 1 - LOCATION PLAN 4
FEASIBILITY AND RECOMMENDATION 5
DISCUSSION 5
A. POND BP -39 GRADING 5
B. THOMAS CENTER DRIVE RIGHT TURN LANE 6
EASEMENTS AND PERMITS 6
COST ESTIMATE 6
AREA TO BE INCLUDED 6
ASSESSMENTS 7
REVENUE SOURCES 7
PROJECT SCHEDULE 7
APPENDIX A - PRELIMINARY COST ESTIMATE
APPENDIX B - PRELIMINARY ASSESSMENT ROLL
FIGURE 2 - POND BP -39 GRADING
FIGURE 3 - DRAINAGE AREA
FIGURE 4 - THOMAS CENTER DRIVE RIGHT TURN LANE
FIGURE 5 - TYPICAL STREET SECTION
REPORT FOR
4t'f
SAFARI AT EAGAN 3RD ADDITION
POND BP -39 GRADING
THOMAS CENTER DRIVE RIGHT TURN LANE
EAGAN, MINNESOTA
CITY PROJECT NO. 699
SCOPE
Safari at Eagan 3rd Addition is located in the northwest corner of Thomas Center Drive and Cliff
Road, included in Safari at Eagan 2nd Addition. Safari at Eagan 3rd Addition includes platting
Outlot A of Safari 2nd Addition into three lots. The lot closest to Cliff Road includes a theater,
while the two northerly lots include future office buildings. The area was originally developed as
Safari at Eagan in the early 1980s, at which time Thomas Center Drive was constructed between
Cliff Road and Thomas Lake Road.
The improvements proposed herein include grading Pond BP -39, located in the northwest corner of
Thomas Center Drive and Cliff Road, and constructing a right turn lane in Thomas Center Drive at
its connection with Cliff Road. The City of Eagan is responsible for the grading costs associated
with Pond BP -39, while Safari at Eagan 3rd Addition is responsible for the costs associated with
constructing the right turn lane in Thomas Center Drive.
3
1000 2000
Scale in feet
LOCATION PLAN Bonestroo
Rosene
Anderlik &
Associates
EAGAN, MINNESOTA FIGURE f
SAFARI AT EAGAN 3RD ADDITION
CITY PROJECT No. 699 IV
L:\49\49574\49574F03.DWG MARCH 1996 COMM. 49574
FEASIBILITY AND RECOMMENDATION
The project is feasible from an engineering standpoint and is in accordance with the objectives
established in Eagan's Comprehensive Utility and Street Plans. The project can best be carried out
as one project or combined with a similar type project.
DISCUSSION
Pond BP-39.Grading
The proposed grading for Pond BP -39 is shown on Figure 2 located at the back of this report. An
analysis was done to determine the required storage for Pond BP -39 based on its drainage area
(Figure 3) and the existing storm sewer that serves as its outlet. Listed below are the requirements
based on that analysis:
Pond BP -39
Direct drainage area = 36 acres
Outflow = 9 cubic feet per second (cfs)
Existing outlet pipe = 18" RCP
Required storage = 5.8 acre feet
Normal water level = 930.5
To satisfy the storage requirement for Pond BP -39, based on existing conditions, the low point in
Cliff Road will flood approximately two feet. However, the expansion of Pond BP -39 is difficult
due to the location of Cliff Road to the south, Thomas Center Drive to the east including its right
turn lane, sidewalk, and Williams Brothers Pipelines to the west. Therefore, it's recommended the
grading of Pond BP -39 include an overflow in its northeast corner constructed to elevation 940,
which will prevent the low point in Cliff Road from flooding. The proposed overflow will direct
storm water to Thomas Center Drive. The overflow for Thomas Center Drive is directed to Thomas
Lake. The storage available to elevation 940 is 3.4 acre feet. Due to the fact storm water runoff
from this development is not directed to Pond BP -39, and based on the fact Pond BP -39 has not
experienced flooding in the past, it's felt by maintaining an overflow at elevation 940 the ponding
requirements for this area will be met. Pond grading will include clearing and grubbing of trees and
redefining the slopes on the north and east sides of the pond.
E
Thomas Center Drive Right Turn Lane
The approval for Safari at Eagan 3rd Addition requires a right turn lane be constructed in Thomas
Center Drive at Cliff Road. Figure 4 located at the back of this report defines the geometrics for that
right turn lane. The right turn lane construction will include the removal and reconstruction of
approximately 220' of existing curb and widening the roadway 4' to the west to accommodate the
right turn lane. The typical section is shown on Figure 5. The reconstruction of handholes, conduit,
and loop detectors is also required. The radius at Cliff Road will be constructed so as not to impact
the existing traffic signal. The traffic signal heads will be reviewed to determine if adjustments are
required. The 6' wide sidewalk will be constructed privately by the developer.
EASEMENTS AND PERMITS
Easements are required for the expansion of Pond BP -39 and the right turn lane. The easements will
be dedicated as part of the Safari at Eagan 3rd Addition plat. Permits are required from Dakota
County for the right turn lane construction in Cliff Road (County Road 32) right-of-way.
COST ESTIMATE
A detailed cost estimate is presented in Appendix A located at the back of this report. The total
estimated project cost is $65,940.00 and is summarized below. This cost includes 10% for
contingencies and 35% for indirect costs which include administrative, engineering, interest, and
legal expenses.
Pond BP -39 Grading
Thomas Center Drive Right Turn Lane
Total
AREA TO BE INCLUDED
Safari at Eagan 2nd Addition
Outlot A
0
$24,500.00
41,440.00
$65,940.00
ASSESSMENTS
Assessments are proposed to be levied in accordance with the conditions for final plat approval for
Safari at Eagan 3rd Addition. The project costs for the right turn lane at Thomas Center Drive will
be assessed 100% to Outlot A - Safari at Eagan 2nd Addition, which includes the proposed Safari
at Eagan 3rd Addition. The estimated assessment is $41,440 and is included in Appendix B located
at the back of this report. Costs associated with grading Pond BP -39 will be the responsibility of the
City.
REVENUE SOURCES
Proect Cost Revenue Balance
Pond BP -39 Grading $24,500 -0- -$24,500
Thomas Center Drive Right Turn Lane
Lateral 41,440
Assessment $41,440
Total $65,940 $41,440 -$24,500
The project deficit is estimated at $24,500, which will be the responsibility of the Trunk Storm
Sewer Fund.
PROJECT SCHEDULE
Present Feasibility Report
April 2, 1996
Public Hearing
May 7, 1996
Approve Plans and Specifications
June 1996
Open Bids / Award Contract
July 1996
Substantial Completion
September 1996
Assessment Hearing
November 1996
First Payment Due with Real Estate Taxes
May 1997
7
rr�
APPENDIX A
PRELIMINARY COST ESTIMATE
SAFARI AT EAGAN 3RD ADDITION
POND BP -39 GRADING
THOMAS CENTER DRIVE RIGHT TURN LANE
EAGAN, MINNESOTA
CITY PROJECT NO. 699
Pond BP -39 Gradin
Lump Sum
Clear and grub trees @ $3,000
$ 3,000
1,250 CY
Common excavation @ $8/cy
10,000
100 CY
Topsoil borrow @ $10/cy
1,000
0.5 AC
Seeding w/mulch & fertilizer @ $2,000/ac
1,000
100 SY
Sod @ $5/sy
500
Lump Sum
Erosion control @ $1,000
1.000
1,200
Subtotal
$16,500
Bituminous base course @ $50/tn
+ 10% Contingencies
1.650
TN
Subtotal
$18,150
4
+ 35% Indirect Cost
6.350
800
Total Pond BP -39 Grading
$24,500
Thomas Center Drive Right Turn Lane
30
LF
21" RCP storm sewer @ $100/lf
$ 3,000
220
LF
Remove concrete curb @ $5/lf
1,100
1,250
CY
Common excavation @ $8/cy
10,000
Lump Sum
Handhole/loop detector reconstruction @ $5,000
5,000
120
TN
Class 5 aggregate base @ $10/tn
1,200
40
IN
Bituminous base course @ $50/tn
2,000
20
TN
Bituminous wear course @ $40/tn
800
4
TN
Bituminous material for mixture @ $200/tn
800
220
LF
Concrete curb & gutter B618 @ $10/lf
2,200
40
CY
Topsoil borrow @ $10/cy
400
0.2
AC
Seeding w/mulch & fertilizer @ $2,000/ac
400
200
SY
Sod @ $5/sy '
1.000
Subtotal
$27,900
+ 10% Contingencies
2.790
Subtotal
$30,690
+ 35% Indirect Cost
10.750
Total Thomas Center Drive Right Turn Lane
$41,440
A"
.. r Nr •Y7
APPENDIX B r s
PRELIMINARY ASSESSMENT ROLL:.`:..`-'"
SAFARI AT EAGAN 3RD ADDITION
POND BP -39 GRADING
THOMAS CENTER DRIVE RIGHT TURN LANE
EAGAN, MINNESOTA
CITY PROJECT NO. 699
THOMAS CENTER DRIVE RIGHT TURN LANE
Parcel Description Total Assessment
Safari at Eagan 2nd Addition
Outlot A $41,440
In
/ s
P, ; '. IJ
� � L
F;
i
N
O °
rn
0
Q a
7
0 �
Q
M
pZ 0q
W�
Li
Zw0
Q 0
Z � d
B Q i
W N U
II
i� r`•� �
I III �
1 1
ry
1z
I i�
CNS
1
1 it
d i t co
' i
•t ii
:
1 ,
1 1
O °
rn
0
Q a
7
0 �
Q
M
pZ 0q
W�
Li
Zw0
Q 0
Z � d
B Q i
W N U
Cliff Road (C.S.A.H. .32)
X,
0 200 400
S"s in feet
pi
DRAINAGE AREA RosBonestroo
ene
EAGAN, MINNESOTA FIGURE 3 Anderlik &
SAFARI AT EA GAN 3RD ADDITION Associates
CITY PROJECT No. 699
L:\49\49574\49574F04 MARCH 1996 COMM. 49574
N
N
aniJQ JGJUGO sDWOyl
- - - - - - - - - - - - - - - - - - - - - - - -
------------------___
im
,
I
ccI
W
IL
V
J
�Ir
i
j(
u
O
plc
zzzlllZ
O
I
U
o
''
tu
rn
tIo
o io
i
w
im
,
I
0
O
I;
ry
y --
■
I I
I
I
I
I
i
' U
Z m
_O O1
F A
U
0
cx so
M V
Q
O ZZ 9
Na 4
Wt—
Z W m
� Q x0.01
CL
m
0u
lai Val V
a dm
1 O
Ln
I
U
,
1:
li
rn
i
w
I
�
i
e
��y} :s•
I 4■i' �
r'
A n
0
O
I;
ry
y --
■
I I
I
I
I
I
i
' U
Z m
_O O1
F A
U
0
cx so
M V
Q
O ZZ 9
Na 4
Wt—
Z W m
� Q x0.01
CL
m
0u
lai Val V
R/W R/W
WEST I EAST
30' 30'
1
22' I 22'
IB618 Conc.
Curb & Gutter
4' Bituminous
10" Aggregate
EXISTING SECTION
(Thomas Center Drive)
New Ex. Ex.
R/W R/W R/W
WEST I EAST
1 1 ' 30' 30'
'618 Conc. Curb & Gutter
26' 22'
6' 8' 14' 12'
Lt. Turn '
—•—� 8.5'
1 1/2" Type 41 Bit. Wear Course
2 1/2" Type 31 Bit. Base Course
10" Class 5 Aggrgate Base. ,
Concrete Walk
(by others) j g , R�
REVISED SECTION
(Thomas Center Drive)
TYPICAL STREET SECTION BoRosestroo
a sene
EAGAN, MINNESOTAdFIGURE 5 Anderiik Associates
SAFARI AT EAGAN 3RD ADDITION
CITY PROJECT No. 699
L:\49\49574\49574F05.DWG MARCH 1996 COMM. 49574
cit\2 of Cagan
Report for
T.H. 3 Service Drive
and Hall Street
Sanitary Sewer
and Water Main
Improvements
City Project No. 700
Eagan, Minnesota
March 1996
File No. 49575
in Bonestroo
EDE Rosene
Anderiik &
Associates
L Engineers & Architects
'SuBirECT TO REVISION
St. Paul, Minnesota
March 5, 1996
City of Eagan
3830 Pilot Knob Rd.
Eagan, MN 55122
Re: T.H. 3 Service Drive and Hall Street
Sanitary Sewer and Water Main Improvements
Project No. 700
Our File No. 49575
Dear Mayor and Council:
Attached is our report for the T.H. 3 Service Drive and Hall Street Improvements. The proposed
sanitary sewer and water main improvements are presented and discussed within the report, along
with detailed cost estimates and a preliminary assessment roll.
We will be pleased to meet with the Council and other interested parties at a mutually convenient
time to discuss the report.
Yours very truly,
BON STR O, SENE, ANDERLIK & ASSOCIATES, INC.
Gr -r 4---
M - A. Hanson
MAH:pr
Reviewed by:
Department of Public Works
Reviewed by:
Finance Department
Date:
I hereby certify that this report was prepared
by me or under my direct supervision and that
I am a duly Registered Professional Engineer
undeertth laws f the tate of Minnesota.
/ Y G�jy�iJc�
Mark A. Hanson
Date: March 5. 1996 Reg. No. 14260
SUBJEr-C t' TO:'ti �t�`a�
T.H. 3 SERVICE DRIVE & HALL STREET
SANITARY SEWER AND WATER MAIN IMPROVEMENTS
EAGAN, MINNESOTA
PROJECT NO. 700
TABLE OF CONTENTS
Pan No
LETTER OF TRANSMITTAL
1
TABLE OF CONTENTS
2
SCOPE
3
FIGURE 1 - LOCATION PLAN
4
FEASIBILITY AND RECOMMENDATION
5
FIGURE 2 - DODD VIEW ADDITION, ALTERNATIVE THREE
6
DISCUSSION
7
A. SANITARY SEWER
7
B. WATER MAIN
7
C. SERVICES
7
EASEMENTS AND PERMITS
8
COST ESTIMATE
8
AREA TO BE INCLUDED
8
ASSESSMENTS
9
REVENUE SOURCES
9
PROJECT SCHEDULE
10
APPENDIX A - PRELIMINARY COST ESTIMATE
APPENDIX B - PRELIMINARY ASSESSMENT ROLL
FIGURE 3 - SANITARY SEWER
FIGURE 4 - WATER MAIN
FIGURE 5 - TRUNK AREA ASSESSMENT
�SuBwtt`lr�rf �
REPORT FOR
T.H. 3 SERVICE DRIVE & HALL STREET
SANITARY SEWER AND WATER MAIN IMPROVEMENTS
EAGAN, MINNESOTA
PROJECT NO. 700
T.H. 3 Service Drive and Hall Street are located in the southeast comer of Eagan, as shown on Figure
1. The property abutting T.H. 3 Service Drive and Hall Street is included in Dodd View Addition.
Dodd View Addition includes six (6) residential homes along Dodd Road/Farm Road and two (2)
light industrial uses along T.H. 3. Carol Street, Hall Street, and T.H. 3 Service Drive included in
Dodd View Addition are platted public rights-of-way; however, public streets were never
constructed. Public utilities have been constructed in the area to serve Waterview Addition to the
north and the recently completed Red Pine Lane east of T.H. 3
The improvements proposed herein include sanitary sewer and water main extensions in T.H. 3
Service Drive and Hall Street to serve the abutting property. The utility extensions are being
considered at this time based on a petition submitted from the two industrial uses on T.H. 3 and the
one residential use on Dodd Road.
I
N
p ,000 2000
Scale in feat
LOCATION PLAN Rosestroo
osene
Anderiik b
EAGAN, MINNESOTA FIGURE 1 Associates
T.H.3 SERVICE ROAD/HALL STREET
CITY PROJECT No. 700 P6
L.\49\49575\49575FO1 MARCH 1996 COMM. 49575 S T TO
"i ;Lr l eias s!
FEASIBILITY AND RECOMMENDATION
The project is feasible from an engineering standpoint and is in accordance with the objectives
established in Eagan's Comprehensive Utility Plans. The project can best be carried out as one
project or combined with Biscayne Avenue (Project -687 ).
The City of Eagan in 1994 considered alternatives for redeveloping Dodd View Addition due to the
development of Waterview Addition to the north and the extension of Red Pine Lane east of T.H.
3. Figure 2 identifies Alternative Three, which was the preferred alternative reviewed at that time.
The utility extensions proposed herein have been reviewed with the petitioners in conjunction with
other redevelopment opportunities. The petitioners are not interested in redevelopment at this time,
but in providing utility extensions to serve their existing uses. The utility layout proposed herein
provides the most flexibility for redevelopment in the future, including Alternative Three (Figure 2).
If the area is redeveloped.
5
t ?
,1
4 � i .a � N
DISCUSSION
Sanitary Sewer
Sanitary sewer provides for extending an 8" diameter sanitary sewer in the existing right-of-way of
T.H. 3 Service Drive and Hall Street to Dodd Road, as shown on Figure 3. The sanitary sewer will
connect to the existing sanitary sewer serving Waterview Addition at T.H. 3. The sanitary sewer will
be constructed at minimum grade to serve the land along Dodd Road at Hall Street with a gravity
sewer. It's felt if additional development occurs at Farm Road or considerably west of Dodd Road
below elevation 925, a sanitary sewer lift station will be required. The sanitary sewer alignment is
located through grassland and a gravel parking lot serving the light industrial area north of Hall
Street. Therefore, restoration includes seeding and gravel parking lot reconstruction.
Water Main
Water main provides for extending a 6" diameter water main 10' east and south of the proposed
sanitary sewer in T.H. 3 Service Drive and Hall Street, as shown on Figure 4. The water main will
connect to the existing 6" water main stub at T.H. 3 and Carol Street, which is connected to a 12"
diameter main. Although present land uses don't warrant a 12" water main extension in T.H. 3
Service Drive or Hall Street, if the existing land use were to intensify, a 12" diameter main would be
recommended. Therefore, consideration should be given by the petitioners to construct a 12"
diameter main vs. a 6" diameter main, if they expect their land to develop to a higher industrial use.
Dodd View Addition is located in the high pressure zone and is expected to experience residual and
static pressures of 63.2 and 91.0 psi respectively.
Servi
Services are proposed to be constructed to the two light industrial uses on T.H. 3 and two residential
homes on Dodd Road. Sanitary sewer services are 6" diameter to the two industrial uses and 4"
diameter to the two residential homes. Water services are 1" diameter for both industrial and
residential. It's suggested the two industrial uses review their expected water requirements to
determine if a larger diameter water service is required.
PRF-LINil Es
�sl,"
SUBJECT TO REVISION
EASEMENTS AND PERMITS
The utility extensions are proposed in the existing public right-of-way for T.H. 3 Service Drive and
Hall Street. Therefore, no permanent easements are required. Permits are required from MHD,
MPCA, and MCES.
COST ESTIMATE
A detailed cost estimate for Project 700 is presented in Appendix A. The total estimated project cost
is $132,050, which is summarized below. This cost includes 5% for contingencies and 30% for
indirect costs which include administrative, engineering, interest, and legal expenses.
Sanitary Sewer
Water Main
Services
Total
AREA TO BE INCLUDED
Dodd View Addition
Outlot B (Parcel 031-04)
Outlot B (Parcel 032-04)
Outlot C (Parcel 04-004)
Lot 4 Block 2
Lot 1 Block 3
Lots 2, 3 Block 3 (Parcel 032-03)
Lot 5 Block 3 (Parcel 051-03)
Lot 1 Block 4
$ 86,270
39,180
6.600
$132,050
8�' r'
S�/� J�riC•.
ASSESSMENTS
Assessments are proposed to be levied against the benefitted properties. Lateral assessments will be
revised based on final project costs. Lateral assessments for sanitary sewer and water main are
proposed to be assessed on a front foot basis, while trunk area assessments are proposed to be
assessed on an area basis in accordance with Eagan's 1995 Utility Fee Schedule. Service assessments
are proposed to be assessed based on the cost to construct each service to each property they serve.
Listed below are the estimated rates for each improvement.
Lateral Trunk Area
(Rate/F.F.) Rate/Acre3
Sanitary Sewer $51.74 $1,660
Water Main $23.50 $1,740
4" Sewer. V Water 6" Sewer. 1" Water
Service $1,500 each $1,800 each
REVENUE SOURCES
Service
Lateral $6,600
Lateral Assessment $6,600
Total $6,600 $6,600 -0-
+$34,275
The project surplus is due to trunk area assessments to finance downstream trunk facilities.
9
Proiect Cost
Revenue Balance
Sanitary Sewer
Lateral
$86,270
Lateral Assessment
$ 86,270
Trunk Area
16.736
Total
$86,270
$103,006 +$16,736
Water Main
Lateral
$39,180
Lateral Assessment
$39,180
Trunk Area
17.539
Total
$39,180
$56,719 +$171539
Service
Lateral $6,600
Lateral Assessment $6,600
Total $6,600 $6,600 -0-
+$34,275
The project surplus is due to trunk area assessments to finance downstream trunk facilities.
9
PROJECT SCHEDULE
Present Feasibility Report
Public Hearing
Approve Plans and Specifications
Open Bids / Award Contract
Substantial Completion
Assessment Hearing
First Payment Due with Real Estate Taxes
April 2, 1996
May 7, 1996
June 1996
July 1996
October 1996
November 1996
May 1997
APPENDIX A
PRELIMINARY COST ESTIMATE
T.H. 3 SERVICE DRIVE & HALL STREET
SANITARY SEWER AND WATER MAIN IMPROVEMENTS
EAGAN, MINNESOTA
PROJECT NO. 700
Sanitary Sewer
1,200
LF
8" PVC, 14'-18' deep in pl @ $35/lf
$42,000
6
EA
Std 4' dia. MH w/cstg @ $1,200 ea
6,000
50
LF
MH depth greater than 8' deep @ $80/lf
4,000
1
EA
Connect to existing sewer @ $500 ea
500
500
LF
Improved pipe foundation @ $2/lf
1,000
1,200
LF
Mechanical trench compaction @ $I/If
1,200
400
TN
Driveway repair, Class 5 @ $8/tn
3,200
Lump
Sum
Erosion control @ $1,000
1,000
100
CY
Topsoil borrow @ $8/cy
800
2.0
AC
Seed w/mulch, fertilizer @ $1,000/ac
2,000
500
SY
Sod w/topsoil @ $3/sy
1.500
Subtotal
$63,200
+ 5% Contingency
3.160
Subtotal
$66,360
+ 30% Indirect Cost
19.908
Total
$86,270
Water M
1,200
LF
6" DIP water main @ $16/lf
$19,200
2
EA
6" GV and box @ $400 ea
800
3
EA
Hydrant @ $1,400 ea
4,200
1
EA
Connect to existing 6" water main @ 1,500 ea
1,500
1,500
LB
Fittings @ $1.20/lb
1,800
1,200
LF
Mechanical trench compaction @ $1/lf
1,200
Subtotal
$28,700
+ 5% Contingency
1440
Subtotal
$30,140
+ 30% Indirect Cost
9.040
Total
$39,180
SUBJECT TO RE-:V1'0iCj'N
Services
2
EA
8"
x 6" wye in place @ $90 ea
$ 180
2
EA
8"
x 4" wye in place @ $70 ea
140
40
LF
6"
PVC service @ $20/lf
800
80
LF
4"
PVC service @ $16/!f
1,280
120
LF
1"
Type "K" copper water service @ $16/lf
1,920
4
EA
1"
corporation stop @ $50 ea
200
4
EA
1"
curb stop @ $80 ea
320
Subtotal
$4,840
+ 5% Contingency
240
Subtotal
$5,080
+ 30% Indirect Cost
1,520
Total
$6,600
12 R I -
:SUBJECT'To REVISION
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
T.H. 3 SERVICE DRIVE & HALL STREET
SANITARY SEWER AND WATER MAIN IMPROVEMENTS
EAGAN, MINNESOTA
PROJECT NO. 700
SANITARY SM
A) Lateral
Assessable Total
Parcel Description Footage (F.F.) Rate/F.F. Assessment
Dodd View Addition
Outlot B (Parcel 031-04)
187.99
$51.74
$ 9,726
Outlot C (Parcel 04-004)
341
51.74
17,640
Lot 4 Block 2
126.5
51.74
6,546
Lot 1 Block 3
313.69
51.74
16,229
Lots 2, 3 Block 3 (Parcel 032-03)
250
51.74
12,934
Lot 1 Block 4
448.350)
51.74
23,195
Total
1,667.53
1,660
$86,270
(1) Assessable Footage = 227.61 (Hall Street) + 220.74 (T.H. 3 Service Drive)
B) Trunk Area
Assessable Rate/ Total
Parcel Description Area (acre) Acre. Lot Assessment
Dodd View Addition
Outlot B (Parcel 031-04)
0.7
$1,660
$ 1,162
Outlot B (Parcel 032-04)
0.5
1,660
830
Outlot C (Parcel 04-004)
2.9
1,660
4,814
Lot 4 Block 2
l lot
800
800
Lot 1 Block 3
1.4
1,660
2,324
Lots 2, 3 Block 3 (Parcel 032-03)
1.7
1,660
2,822
Lot 5 Block 3 (Parcel 051-03)
1.3
1,660
2,158
Lot 1 Block 4
1.1
1,660
1.826
Total
$16,736
1317
{gyp {� �,i� ly[ �9 1 � M � t l+: �'• i V._ � I rye V
WATER MAIN
A) Lateral
Assessable Total
Parcel Descrijtion Footage Rate/F.F. Assessment
Dodd View Addition
Outlot B (Parcel 031-04)
187.99
$23.50
$ 4,417
Outlot C (Parcel 04-004)
341
23.50
8,012
Lot 4 Block 2
126.5
23.50
2,972
Lot 1 Block 3
313.69
23.50
7,370
Lots 2, 3 Block 3 (Parcel 032-03)
250
23.50
5,874
Lot 1 Block 4
448.35
23.50
10.535
Total
1,667.53
1,740
$39,180
B) Trunk Area
Assessable Rate/ Total
Parcel Description Area (acre) Acre. Lot Assessment
Dodd View Addition
Outlot B (Parcel 031-04)
0.7
$1,740
$1,218
Outlot B (Parcel 032-04)
0.5
1,740
870
Outlot C (Parcel 04-004)
2.9
1,740
5,046
Lot 4 Block 2
1 lot
835
835
Lot 1 Block 3
1.4
1,740
2,436
Lots 2, 3 Block 3 (Parcel 032-03)
1.7
1,740
2,958
Lot 5 Block 3 (Parcel 051-03)
1.3
1,740
2,262
Lot 1 Block 4
1.1
1,740
1.914
Total
$17,539
14
Rtlnv,,.��S,g 4
SUBJECT TO REVISION
SERVICE
Sanitary
Parcel Descrintion
Sewer
Water
Total
Lot 4 Block 2
$ 670
$ 830
$1,500
Lot 1 Block 3
970
830
1,800
Lots 2, 3 Block 3 (Parcel 032-03)
670
830
1,500
Lot 1 Block 4
970
830
1.800
Total
$3,280
$3,320
$6,600
15 f
SUBJECT TO REEViSION
SUMMARY
PRELIMINARY ASSESSMENT ROLL
T.H. 3 SERVICE DRIVE & HALL STREET
SANITARY SEWER AND WATER MAIN IMPROVEMENTS
EAGAN, MINNESOTA
PROJECT NO. 700
Parcel
Sanit
Lateral
Sewer
Trunk
Water Main
Lateral Trunk
Senjces
Total
Descri tion
Dodd View Addition
Outlot B (Parcel 031-04)
$ 9,726
$ 1,162
$ 4,417
$ 1,218
$ 16,523
Outlot B (Parcel 032-04)
830
870
1,700
Outlot C (Parcel 04-004)
17,640
4,814
8,012
5,046
35,512
Lot 4 Block 2
6,546
800
2,972
835
$1,500
12,653
Lot 1 Block 3
16,229
2,324
7,370
2,436
1,800
30,159
Lots 2, 3 Block 3 (Parcel 032-03)
12,934
2,822
5,874
2,958
1,500
26,088
Lot 5 Block 3 (Parcel 051-03)
2,158
2,262
4,420
Lot 1 Block 4
23,195
1,826
10.535
1.214
1.800
-3-9-1-70
Total
$86,270
$16,736
$39,180
$17,539
$6,600
$166,325
I
3-06-1996 12:07PM FROM BOIESTR00 " ASSOC 612 636 1311 P.2
SANITARY SEWER IMPROVEMENTS
EAGAN, MINNESOTA FIGURE 3
T.H. 3 SERVICE DRIVE/HALL STREET -
CITY PROJECT No. 700
L•\40\49575\4957 2. MARCH- 1996 COMM. 49575
R-97% i 612 636 1311
8onestroo
Rosene
Anderllk &
_...._y . Assooia_ies . .
'�� .
SV i.rL •i '.RJ 1 i i.. 1 v. i C 't
03="06-96 01:07PM P002 #1
a
L
Al!-, TfOiDTA YT
WATER MAIN IMPROVEMENTS
EAGAN, MINNESOTA FIGURE 4
:..1 3 ScRVICE DRIVE/HALL STREET
CITY PROJECT No. 700
:.:\49\49575\49575F02 MARCH 1996 COMM. 49575
Bonestroo
Aosene
Anderlik d
9 Associates
SUBS �';e .r
TRUNK AREA ASSESSMENTS
EAGAN, MINNESOTA
T.H. 3 SERVICE DRIVE/HALL
CITY PROJECT No. 700
L:\49\49575\49575F03 MARCH 1996
FIGURE 5
STREET
a Iso 700
scat* in feet
Bonestroo
a Rosene
Anderlik 6
Associates
COMM. 49575 p f L L € ' " . ` • -
SUBIlJJECT
FEASIBILITY STUDY
FOR
WOODGATE 2ND ADDITION -CITY PROJECT 702
MALLARD PARK 2ND ADDITION -CITY PROJECT 703
STREET RECONSTRUCTION
CITY OF EAGAN
MARCH 1996
I hereby certify that this plan, specification, or 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.
Gregory J. Stonehouse, P.E.
Reg. No. 23170
Reviewed by: Steven D. Gatlin, P.E.
Reg. No. 12754
Date
MSA, Consulting Engineers
1326 Energy Park Drive
St. Paul, MN 55108
Phone #: (612)644-4389
Fax #: (612) 644-9446
FEAs-113.044 1124044-10
COMULUNG ENGREM
March 11. 1996
1326 Energy Park Drive
File: 112-044-10
St. Poul, MN 55108
612.644.4389
1.800.888-2923
Honorable Mayor and City Council
Fax: 612.644.9446
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: WOODGATE 2ND ADDITION - CITY PROJECT NO. 702
MALLARD PARK 2ND ADDITION - CITY PROJECT NO. 703
STREET REHABILITATION IMPROVEMENTS
Dear Mayor and City Council:
_.v+l ENGNEERING Please find attached the feasibility study for the rehabilitation of the streets within the
ENVIRONMENTAL Woodgate 2nd Addition and Mallard Park 2nd Addition. It is our recommendation that
'ALSNICFAL the project, as proposed in this study, is feasible. Please contact our office if you have
P'i NMNG questions or require further information regarding this project.
SOLID WASTE
5?RUCURAL Sincerely,
SURVEYING
.RAFF:C MSA, CONS LTING ENGINEERS
'RANSPCaT.AXN
:IECi!CAL.',t1EC AN1- / 0
ENG:NEERI'4G.
Steven D. Gatlin. P.E.
?CWERcsTtleu^CN Project Manager
5 -ADA
SYS' EmCCNTRCLS SDG:tw
Attachments
Reviewed by:
Reviewed by:
OFFICES IN:
MINNEAPOLIS
PRIOR LAKE
ST. PAUL
FEAS-1 I2.044
WASECA
Department of Public Works
Finance Director
1
An Equal Opportunity Employer
Date
Date
DRAFT
112-044-10
City of Eagan
Woodgate 2nd Addition and Mallard Park 2nd Addition
Street Reconstruction
City Project Numbers 702 and 703
TABLE OF CONTENTS
Item
Pule
Transmittal Letter ............................. . ................. I
Table of Contents ................ , .......................... ii
Introduction.................................................. 1
Scope..................................................... 1
Existing Conditions ............................................. 1
Exhibit One - Project Location Map .............................. 2
Proposed Improvements .......................................... 5
Easements and Permits ..... . ...... . .............................. 5
Project Cost .................................................. 5
Exhibit Two - Street Section ................................... 6
Assessment Area ............................................... 7
Exhibit Three Assessment Area Map ............................. 8
Assessments .................................................. 9
Financing.................................................... 10
Project Schedule ............................................... 11
Recommendations ........................... . .................. 11
Conclusion................................................... 12
Appendix A - Preliminary Cost Estimate
Appendix B - Preliminary Assessment Roll
DRAFT
FEAs-112.044 ii 112-044-10
INTRODUCTION
This feasibility study is submitted as required under Minnesota State Statute 429 regarding the
assessment of public improvements. The City of Eagan authorized the feasibility study for the
rehabilitation of approximately 1,900 linear feet of streets within the Mallard Park 2nd Addition
and approximately 5,000 linear feet within the W000dgate 2nd Addition, located adjacent to
Johnny Cake Ridge Road and south of Diffley Road. A portion of Walnut Lane, which is located
in the Woodgate 3rd Addition, is also being rehabilitated at this time as part of the Woodgate 2nd
Addition project. The locations of the proposed improvements are shown on Exhibit 1.
This feasibility study investigates the street improvements necessary to bring the roadway surfaces
of these areas to a condition which conforms to the City of Eagan standard for 7 -ton roadways.
The report also provides costs associated with the rehabilitation, which will not alter the existing
street dimensions. The area under study is currently zoned residential.
SCOPE
The purpose of this report is to analyze the feasibility of rehabilitating the various streets
presented on Exhibit 1. It is proposed to rehabilitate the existing bituminous pavement by
reconstructing the full pavement section. The existing concrete curb and gutter will not be
removed unless it shows signs of distress or settlement, in which case, it will be sawcut, removed,
and replaced. Storm drainage improvements will consist of structure adjustments to match the
exiting utilities with the new street grade. Minor subgrade drainage improvements will be
installed in areas showing frost damage or distress, indicative of poor subgrade drainage and
moisture problems.
Project funding will also be addressed within this report. The costs of the projects, shown in
Appendix A, include an estimated construction cost based upon 1995 construction bids received
on similar projects. Also included is a 10% contingency cost and a 35% indirect cost which
includes anticipated design and construction engineering, administration, legal, and fiscal
expenses. A preliminary assessment roll is included as Appendix B. It was prepared in
accordance with the City of Eagan's current special assessment policy. Sources of funding include
both City funds and assessments to private property. City funds are used to finance curb, utility,
and storm sewer repairs, as well as 25 % of street rehabilitation costs.
EXISTING CONDITIONS
Core samples and soil borings were obtained by American Engineering Testing (AET) in order
to evaluate the existing pavement sections, subgrade conditions, and necessary requirements to
meet the City standard 7 -ton design. The City employed AET to perform the required tests which
consisted of ten flat auger borings from which pavement thicknesses were measured. The existing
pavement sections ranged in thickness from 1.75 to 3.0 inches of bituminous, with an average
thickness of approximately 2.45 inches. The aggregate base material was mostly brown, silty
sand with gravel and its average thickness was estimated at 5.4 inches. Soil borings were
performed to depths of 4.5 feet.
DRAFT
rE+s-112.044 -1- 112-044-10
u p �I RD,
lv KATHRYN �q& 4r
v CR.,� DOIr � .g
CT•
DIFFLEY x� RD.
CHIPMUNK CT. t iii
Yfi7ER. m
,:s
SRPIV
e3
j Or
CT. m p� ci
TR. H W O CANVA BACic$
Fox RIDGE CT. LA.
DRQ
DR.
RD. Cwr o, d
V J Gq• � �
d NUT LA•
O
BEECFIE o
K. "kJJ
a a 1C+ al
EA044EX
MSA
PROJECT SITE
a
128: PaND Y Q -a+
CIR• NDE
000
a
z `20, N• '�3
® 128. CASHELL GLEN RD.�� d
q YE PT. ^
O � _ a IS
Y jP� y SIG FRID
GLS 91► CIR. ST.
gpULDER RI Cr. �` a SAM
ST. SME
-RAYU*Ct POND ROSA, C m
W CIR. a CIs
CL
AU 5! g W FRID AMAR
DR. CLEIMSON ST.
LA.
�.p W
Thom i
N. MA'
MALLARD
yl<< S rF4 d c+ DR'
A. CEW16� rn'
rgt�t � �• = ,
CLIFF RD.
gEACnLANCASTER LA. ® J
4 HIL►- RUCTRDS
QDEL ES
LA.
y >
z
g L$ COt�,yGT c J i
W LA. P
WOODGATE 2ND ADDrWN
PROJ. NO. 702
MALL -AM PARK 2ND ADD[niON
PROJ. ?40.703
CM OF EAGAN
PROJECT LOCATfOM MAP
DRAFT
0 1200
lbWlJll����
city of aacio n
114.
vt�
ARIS,ANCIR.Q
4YIA
�6vi�vi
dQ
�n
�opo0�0T
p6,4
oc
y NGT13M
LA
PROJECT SITE
a
128: PaND Y Q -a+
CIR• NDE
000
a
z `20, N• '�3
® 128. CASHELL GLEN RD.�� d
q YE PT. ^
O � _ a IS
Y jP� y SIG FRID
GLS 91► CIR. ST.
gpULDER RI Cr. �` a SAM
ST. SME
-RAYU*Ct POND ROSA, C m
W CIR. a CIs
CL
AU 5! g W FRID AMAR
DR. CLEIMSON ST.
LA.
�.p W
Thom i
N. MA'
MALLARD
yl<< S rF4 d c+ DR'
A. CEW16� rn'
rgt�t � �• = ,
CLIFF RD.
gEACnLANCASTER LA. ® J
4 HIL►- RUCTRDS
QDEL ES
LA.
y >
z
g L$ COt�,yGT c J i
W LA. P
WOODGATE 2ND ADDrWN
PROJ. NO. 702
MALL -AM PARK 2ND ADD[niON
PROJ. ?40.703
CM OF EAGAN
PROJECT LOCATfOM MAP
DRAFT
0 1200
lbWlJll����
city of aacio n
Pavement Conditions
The Deflection Testing Analysis Report, dated 1993, for the City of Eagan was reviewed to help
evaluate the condition of the streets. According to this report, the average existing granular
equivalency (GE) for the Mallard Park 2nd Addition is 11.9", with a GE range from 11.0" to
12.8". The average R -value for the Mallard area is between R-20 and R-27. The Woodgate 2nd
Addition has an average GE of 11.6", with a GE range from 10.6" to 12.7". The average R -value
for the Woodgate area lies between R-22 and R-27.
The Pavement Condition Index (PCI) was another source used to evaluate the condition of the
streets. The PCI is a procedure that is used to prioritize street improvements and manage the
overall pavement system. When effectively using this approach, streets are maintained at a higher
service condition for a lower, long-term cost. The PCI values rank the surface condition of the
roadway on a scale from 0 to 100, with 100 being the best. This is an important aspect of street
evaluation from which the following maintenance requirements can be utilized:
Table One
PCI Rating
Maintenance Required
55-100
Crack Filling/Seal Coat
35-55
Bituminous Patch/Overlay
0-35
Reconstruction
As outlined above, PCI ratings below 35 generally require removal of the existing pavement and
reconstruction. Based upon the settlement of the street and soil borings, the existing aggregate
base and subgrade may require removal and reconstruction. PCI ratings between 35 and 55
indicate a street surface that can be restored through patching deteriorated areas and overlaying
the street to provide an improved surface. Those streets greater than 55 indicate the need for
routine street maintenance in the form of crack filling and seal coating.
D 4%
..
Lrw'?. A F
r-EAs-112.044 -3- 112-044-10
The following is a list of the streets in the Woodgate 2nd/Mallard Park 2nd Additions and their
respective PCI's. These ratings were last updated in June, 1995.
Street
Woodgate Lane
Mallard Drive
Mallard Circle
From
Johnny Cake Ridge Rd
Johnny Cake Ridge Rd
Mallard Drive
To
E. Cul -de -Sac
Mallard Circle
Cul -de -Sac
PCI
30
4
51
Walnut Circle
Walnut Lane
N. Cul -de -Sac
39
Walnut Lane
S. Cul -de -Sac
31
Hickory Hill
Cul -de -Sac
S. Junction
14
S. Junction
N. Junction
8
Walnut Lane
N. Junction
Clover Lane
Johnny Cake Ridge
Hickory Hill
9
21
Hickory Hill
Walnut Circle
7
Walnut Circle
Johnnv Cake Ridge
14
This investigation shows that the majority of the streets within the Woodgate 2nd/ Mallard Park
2nd neighborhood have deteriorated to the point that reconstruction is prudent and appropriate.
Even though Walnut Circle, with a PCI rating of 39, was slightly above the 35 rating cut-off point
as of last June. additional deterioration due to the harsh winter months should be taken into
consideration and the street should be included in the reconstruction project. Mallard Circle,
which had a PCI rating of 51, will have also experienced additional deterioration. probably
lowering its PCI rating. Taking into account various issues such as the lowered PCI rating, the
short length of roadway, and the transversal cracks that can be seen in the cul-de-sac. this street
should also be included in the reconstruction project.
The streets within the Woodgate 2nd Addition contain large potholes and extensive alligator
cracking. The streets within the Mallard Park 2nd Addition are also experiencing alligator
cracking. Reconstruction will include measures to decrease the rate of decay in the future. These
measures include edge drains and a select granular subcut to drain subsurface moisture, which will
prevent frost heave and subsequent soil strength loss. These improvements will increase the
effective service life of these streets.
Storm Drainage Conditions
According to the City of Eagan Public Works staff, and a general review of the storm drainage
systems, the existing storm drainage system within the development is adequate to handle the
storm runoff from the area. However, several catch basins have settled over the design life of the
existing streets and will require adjustment and minor repair.
FEAs-112.044 -4- 112-044-10
PROPOSED IMPROVEMENTS
Street Improvements
The proposed street width and grade throughout the Mallard Park/Woodgate area will match the
existing roadway. It is currently 34' wide from back of curb to back of curb, with surmountable
concrete curb. Deteriorated street sections will receive complete reconstruction, which will
include some subgrade correction and drainage improvements where warranted. We have
estimated that approximately 15 % of the street length requires correction based on existing
subgrade soil conditions. Based upon visual field inspection during construction, the Engineer
and City Construction Superintendent will determine which areas are to include the subgrade soil
corrections. The subgrade drainage improvements include the installation of perforated drain tile
and geotextile fabric. The proposed pavement cross-section is shown in Exhibit 2.
The curb and gutter is to be replaced only where necessary, due to such conditions as settlement,
cracking, or scaling. An estimate of approximately 10% of the entire curb length has been
included for replacement. The costs associated with the reconstruction of the roadways are
presented in the cost section of this feasibility study (Appendix A). One item to note in the cost
section is that the pavement removal includes removal of the entire pavement section to the
subgrade.
Storm Sewer Improvements
No major storm sewer improvements are proposed in the scope of this project. The improvements
will primarily consist of structure adjustment to provide surface continuity with the new pavement
surface.
Sanitary Sewer and Water Repairs
According to City of Eagan Public Works staff, no sewer or water utility repairs are necessary.
Utility adjustments will be included in the project plans and completed as a street repair expense.
The adjustments include gate valve, manhole and catch basin adjustments. The estimated cost for
these repairs and improvements is outlined in Appendix A.
EASEMENTS AND PERMITS
All street and storm sewer work will be conducted within the existing roadway right-of-ways;
therefore, no additional easements or permits are anticipated.
PROJECT COST
The following is a summary of the anticipated costs for the project. A more detailed analysis of
the construction costs is presented in Appendix A of this report.
FEAs-112.044 -5- 112494-10
14'
4" PERF. HDPE
EDGEDRAIN WITH
GEOTEXTILE SOCK
(AS NECESSARY)
EA044EX
M
HMRs
EXISTING SURMOUNTABLE
CURB & GUTTER
VIII
1 1/2- 2341
TACK COAT
2" 2331 TYPE 32 BASE COURSE
7" CLASS 5 AGGREGATE BASE
REMOVE EXISTING PAVEMENT
(CONCRETE CURB & GUTTER
WILL REMAIN IN PLACE)
14'
0
TYPE 41 BITUMINOUS WEAR COURSE
12" SELECT GRANULAR (AS REQUIRED)
RECONSTRUCTION SECTION
WOODGATE 2ND DD
PRCU NO. 702
njg• • •i
CRY OF EAGM
PROJECT STREET SECTION
ROW
EXaaBuT
2
of an
41
cin
I. Street Costs - Woodgate 2nd Addition
Bituminous Pavement $402,646.88
Concrete Curb and Gutter Repairs 22.728.75
TOTAL COST $425,375.63
H. Street Costs - Mallard Park 2nd Addition
Bituminous Pavement $157,169.13
Concrete Curb and Gutter Repairs 8.265.00
TOTAL COST $165,434.13
The estimated total project costs for the Woodgate 2nd Addition and the Mallard Park 2nd
Addition are based upon anticipated construction costs of approximately $293,362.50 and
$114,092.50, respectively. The additional $132,013.13 for Woodgate and $51,341.63 for Mallard
Park include 35% for indirect costs and a 10% contingency factor. The 35% accounts for
engineering, city administration, and fiscal and legal expenses.
ASSESSMENT AREA
The area to be included for assessment purposes is presented on Exhibit 3 and includes the
following:
Property Description Assessment Type
# of Lot Equivalents
Mallard Park 2nd Addition Streets
Block 1, Lots 1-7; 21-33
30
Block 2, Lots 1-9
9
TOTAL
39
Woodgate 2nd Addition
Streets
Block 1, Lots 1-16
7
Block 2, Lots 1-16, 19-22
10
Block 3, Lots 1-9
9
Block 4, Lots 1-16
16
Block 5, Lot 1
1
Block 6, Lots 1-19
19
Block 7, Lots 1-18
lg
Block 8, Lots 1-5
5
Woodgate 3rd Addition
Block 4, Lots 1-16
6
Block 5, Lots 1-8
4
TOTAL
95
1 EAS -112.044 -7- DRAFT 112-04440
EA044EX
1Yl
CRY OF EAGAN
PROJECT ASSESSMENT AREA
B€"-kFT o 77
400
mm
MT
E33
of cacia n
ASSESSMENTS
Assessments are proposed to be levied against the benefitted properties as outlined in the City of
Eagan's current assessment policy. A summary of the assessment policy for this project is
presented below and a preliminary assessment roll has been included as Appendix B of this report.
The assessments presented are based upon preliminary cost estimates and will be revised based
upon the actual final construction costs.
The method used for determining the assessment per lot equivalent is presented below. As
indicated in the above table, residents are not assessed for the repairs to existing concrete curb and
gutter or utility repairs and adjustments.
Lot Equivalent Assessment for Woodgate 2nd Addition
Total Amount Assessed as Street Construction:
Zoning Type
Residential/Duplex
All Other Types
Assessed
City
Assessed
City
Bituminous Street Construction
75%
25%
100%
0%
Concrete Curb Repairs (existing)
0%
100%
0%
100%
Storm Sewer Repairs
0%
100%
0%
100%
Sanitary Sewer/Watermain Repairs
0%
100%
0%
100%
The method used for determining the assessment per lot equivalent is presented below. As
indicated in the above table, residents are not assessed for the repairs to existing concrete curb and
gutter or utility repairs and adjustments.
Lot Equivalent Assessment for Woodgate 2nd Addition
Total Amount Assessed as Street Construction:
$402.646.88
Minus City's Share (25 % of Total):
- $100.661.72
Equals Amount Assessed to Residents:
$301,985.16
Divided by 95 benefitting lot equivalents:
— 95
Equals Lot Equivalent Street Assessment:
S3,178.79
Lot Equivalent Assessment for Mallard Park 2nd Addition
Total Amount Assessed as Street Construction:
$157,169.13
Minus City's Share (25% of Total):
- $39.292.28
Equals Amount Assessed to Residents:
$117,876.84
Divided by 95 benefitting lot equivalents:
— 39
Equals Lot Equivalent Street Assessment:
$3.022.48
Since the assessment amounts are nearly equal, it seems appropriate to combine assessments for
Woodgate 2nd/Mallard Park 2nd into a single rate. That calculation would be as follows:
FEES -112.044
M r '-�. -. " 4' � F�' T, -
-9-
112-044-10
Revised Assessments
Total Amount Assessed to Woodgate 2nd Residents $301,985.16
PIus Total Amount Assessed to Mallard Park 2nd Residents + 117.876.84
Equals Total Amount to be Assessed $419,862.00
Divided by Total # of Lots in Woodgate 2nd/Mallard Park 2nd
Equals Revised Assessment Amount $3,133.30
For Woodgate 2nd Addition, with 95 assessment units, the assessment recovery is $297,663.36
for street construction. For Mallard Park 2nd Addition, with 39 assessment units, the assessment
recovery is $122,198.64 for street reconstruction. The remaining $127,712.27 for Woodgate and
$43,235.49 for Mallard Park, for curb repairs and 25 % of the street rehabilitation, will be funded
from the City of Eagan sources.
According to City policy, townhomes share the equivalent lot assessment area of the road abutting
their property. The procedure used to determine the unit equivalent assessment per lot for
townhomes is shown below:
Townhome Unit Assessments
Woodgate 2nd Addition (Block 1, Lots 1-16; Block 2, Lots 1-16)
Total Linear Feet Abutting Road: 1,050
Divided by 85' Lot Equivalent = 85
Equals Lot Equivalents 13
Woodgate 3rd Addition (Block 4, Lots 1-16; Block 5, Lots 1-8)
Total Linear Feet Abutting Road: 800
Divided by 85' Lot Equivalent85
Equals Lot Equivalents 10
These 23 lot equivalents are to be divided equally among the 56 townhome lots that abut this
section of roadway.
# Lot Equivalents 23
Times Assessment Amount per Lot Equivalent x $3.133.30
Equals Total Assessment Amount $72,065.90
Divided by # Townhome Units — 5b
Equals Townhome Unit Assessments $1.286 89
FINANCING
The recommended means of financing the reconstruction of streets within the Mallard Park 2nd
Addition and Woodgate 2nd Addition is through a combination of special assessments to benefitted
FEAS-112.044 -10- 112044 10
properties and City street and utility funds. The benefitted properties are proposed to be assessed
in accordance with the City's current assessment policy.
The City will assume a portion of the project costs for the street reconstruction, concrete curb and
Gutter repairs, and the costs associated with the utility maintenance and repairs. Assessments will
be paid either upon completion of the assessment hearing or over a 15 -year period at an interest
rate determined by the City Finance Department. A preliminary assessment roll is included as
Appendix B of this report. It addresses proposed assessment amounts to each specific property
within the project scope. The estimated assessment per lot equivalent for Woodgate 2nd Addition
and Mallard Park 2nd Addition is $3,133.30. The unit assessment for townhomes in the
Woodgate 2nd Addition project is $1,286.89.
PROJECT SCHEDULE
Public Informational Meeting
March 25, 1996
City Council Receives Feasibility Report
April 7, 1996
Public Hearing /City Orders Plans and Specifications
May 7, 1996
City Council Receives Plans & Specifications & Sets Bid Opening
June 18, 1996
Bid Opening
July 18, 1996
City Council Receives Bids / Awards Contract
July 23, 1996
Construction Begins
August, 1996
1995 Construction Complete
October, 1996
Final Lift Paving Complete (if required)
June 1997
Assessment Hearing
July 1997
First Payment Due
November 1998
SUMMARY OF RECOMMENDED IMPROVEMENTS
Street Reconstruction/Rehabilitation
Based upon the core samples collected by AET, existing PCI ratings, average granular
equivalencies, and on-site observations, complete reconstruction of roadways within Mallard Park
2nd Addition and Woodgate 2nd Addition is necessary. The roadways will be reconstructed with
subgrade drainage improvements incorporated as needed, as shown on Exhibit 2.
Storm Sewer
The storm sewer improvements would include catch basin and manhole adjustments throughout
the entire project area to match the new roadway surface and minor repairs.
FEns-112.044 -11-' A 112-044-10
Other Utilities
All sewer and water utility structures would be adjusted to match the newly constructed street
surface. No other major repairs or modifications are recommended.
Restoration
All boulevard areas that are disturbed during construction will be restored to their original
condition.
CONCLUSION
The Woodgate 2nd Addition/Mallard Park 2nd Addition Reconstruction project is technically
feasible from an engineering standpoint and the improvements are in accordance with the Master
Street Plan for the City of Eagan. The project can best be carried out as a single contract.
Economic feasibility for the project should be evaluated by the City of Eagan's Finance
Department.
The costs of the Woodgate 2nd Addition Mallard Park 2nd Addition street improvements are
estimated at $425,375.63 and $165,434.13, respectively. The project would be completed during
the summer of 1996, in accordance with the schedule provided in this report. The placement of
the final lift of bituminous pavement will occur in June of 1997. The project would be funded
through special assessments to the benefitted properties and City of Eagan utility funds. The
anticipated assessment per lot equivalent for street reconstruction for Woodgate 2nd Addition and
Mallard Park 2nd Addition is $3,133.30. The unit assessment for townhomes in the Woodgate
2nd Addition project area is $1,286.89. The estimated City of Eagan costs for Woodgate 2nd
Addition and Mallard Park 2nd Addition are $127,712.27 and $43,235.49, respectively.
FEAS-112.044 -12- ` y E j 112-044-10
APPENDIX A
FEAS- 112.044 112-044-10
Appendix A
Preliminary Cost Estimate
Woodgate 2nd Addition
Street Rehabilitation Project # 702
Schedule I: Street Rehabilitation - Woodcate 2nd Addition
Item
Quantitm
Unit
Unit 1
Cost I
Extended
Cost
Mobilization
1
LS$5,000.00
$5,000.00
Pavement Removal
20,200
SY
$2.50
$50,500.00
Subgrade Excavation
1,000.
CY
$5.75
$5,750.00
Subgrade Preparation
49
RDSTA
$200.001
$9,800.00
Geotextile Fabric
3,050
SY
$2.00
$6,100.00
Select Granular Borrow
1,025
CY
$7.25
$7,431.25
Aggregate Base, Class 5
7,850
TON
$7.25,.
$56,912.50
Type 31 Bituminous Base Course
2,600
TON,
S21.50-
$55,900.00
Bituminous Tack Coat
1,025
GAL
$1.15
$1,178.75
Type 41 Bituminous Wear Course
2,000
TON
$24.50
$49,000.00
Perforated Drain Tile
1,410
LF
$8.50
$11,985.00
Drain Tile Connections
6
EA
$110.00
$660.00
Catch Basin Adjustment
22
EA
$225.00
$4,950.00
Manhole Adjustment
33
EA!
$225.00
$7,425.00
Gate Valve Adjustment
12
EA
$165.00
$1,980.00
Remove and Replace Driveway
70
SY
$27.50
$1,925.00
Sod Lawn and Boulevard
340
SY
$3.50
$1,190.00
Construction Cost: $277,687.50
10% Contingency Cost: $27,768.75
35% Indirect Costs $97,190.63
Construction Cost: $15,675.00
10% Contingency Cost: $1,567.50
35% Indirect Costs $5,486.25
Total Concrete Curb Cost $22,728.75
Total Project Cost = Woodgate.2nd Addition
�:.. $425,375:63:
NOTE: City costs includes 25% of street rehabilitation costs plus 100% of curb repair costs.
Total Street Cost
$402,646.88
Schedule II: Concrete Curb Repairs
- Woodgate 2nd Addition
Unit
i Extended
Item
Quantity,Unit
, Cost
Cost
Concrete Curb Removal
I 1,100.01
LF
j $3.251
$3,575.00
Concrete Curb and Gurter D412
1,100.0
LF
( $11.00
$12.100.00
Construction Cost: $15,675.00
10% Contingency Cost: $1,567.50
35% Indirect Costs $5,486.25
Total Concrete Curb Cost $22,728.75
Total Project Cost = Woodgate.2nd Addition
�:.. $425,375:63:
NOTE: City costs includes 25% of street rehabilitation costs plus 100% of curb repair costs.
Appendix A (cont'd.)
Preliminary Cost Estimate
Mallard Park 2nd Addition
Street Rehabilitation Project # 703
Schedule III: Street Rehabilitation - Mallard Park 2nd Addition
Item
Quanti
Unit
Unit
Cost
Extended
Cost
Mobilization
1
LS
$5,000.00
$5,000.00
Pavement Removal
8,000
SY
$2.50
$20,000.00
Subgrade Excavation
4001
CY
$5.75
$2,300.00
Subgrade Preparation
191
RDSTA f
$200.00
$3,800.00
Geotextile Fabric
1,200
SY
$2.00
$2,400.00
Select Granular Borrow
400
CY
$7.25
$2,900.00
Aggregate Base, Class 5
3,050 ,
TON
$7.25
$22,112.50
Type 31 Bituminous Base Course
1,000
TON
$21.50
$21,500.00
Bituminous Tack Coat
400
GAL
$1.15
$460.00
Type 41 Bituminous Wear Course
775
TON
$24.50
$18,987.50
Perforated Drain Tile
530
LF
$8.50
$4,505.00
Drain Tile Connections
2
EA
$110.00
$220.00
Manhole Adjustment
10
EA
$225.00
$2,250.00
Gate Valve Adjustment
4
EA'
$165.00
$660.00
Remove and Replace Driveway
30
SY
$27.50
$825.00
Sod Lawn and Boulevard
I 135
SY
$3.50
$472.50
Schedule IV: Concrete Curb
Construction Cost: $108,392.50
10% Contingency Cost: $10,839.25
35% Indirect Costs $37,937.38
Total Street Cost $157,169.13
- Mallard Park 2nd Addition
Unit Extended
Item Quantity Unit Cost Cost
Concrete Curb Removal I 400.0 LF $3.251 $1,300.00
Concrete Curb and Gutter D412 400.0 I LFI $11.00 $4.400.00
Construction Cost: $5,700.00
10% Contingency Cost: $570.00
35% Indirect Costs $1,995.00
Total Concrete Curb Repairs $8,265.00
ITotal Project Cost -;Mallard ParkZnd Addition $165,434.13
NOTE: City costs includes 25% of street rehabilitation costs plus 100% of curb repair costs.
APPENDIX B
FEAS- 112.044 112-044-10
Appendix B
Preliminary Assessment Roll
Woodgate 2nd Addition - Project # 702
Mallard Park 2nd Addition - Project # 703
Woodeate 2nd Addition:
Parcel
Description
Number of 1
i Lot Equivalents
Assessment
Item
Cost per Lot !
Equivalent 1
Total
Assessment
Woodgate 2nd Addition
Block 1, Lots 1-16*
16'
Street
$1,286.89
$20,590.25
Block 2, Lots 1-16*
16
Street
$1,286.89
$20,590.25
Block 2, Lots 19-22
4
Street
$3,133.30
$12,533.19
Block 3, Lots 1-9
9
Street
$3,133.30
$28,199.69
Block 4, Lots 1-16
16
Street
$3,133.30
$50,132.78
Block 5, Lot 1
1
Street
$3,133.30
$3,133.30
Block 6, Lots 1-19
19
Street
$3,133.30
$59,532.67
Block 7, Lots 1-18
18,
Street
$3,133.30
$56,399.37
Block 8, Lots 1-5
5
Street
$3,133.30
$15,666.49
Woodgate 3rd Addition
Block 4, Lots 1-16*
16
Street
$1,286.89,
$20,590.25
Block 5, Lots 1-8*
8
Street
$1,286.89
$10,295.12
TOTAL:
128
$297,663.36
* The asterik indicates townhomes.
Mallard Park 2nd Addition:
Parcel ! Number of Assessment Cost per Lot Total
Description ! Lot Equivalents Item I
Equivalent Assessment
:Mallard Park 2nd Addition
Block 1, Lots 1-7; 21-33 30 Street $3,133.30 $93,998.96
Block 2, Lots 1-9 I 9 Street $3,133.30 I $28,199.69
.TOTAL: 34: 1 $122,198.64