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09/04/1990 - City Council RegularAGENDA `GULAR MEETING _AGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING SEPTEMBER 4, 1990 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. PUBLIC WORKS DEPARTMENT 1. Contract 90-01, Receive Bids/Award Contract (Galaxie Cliff Plaza 2nd Addition) IV. 6:55 - CONSENT AGENDA (PINK) .S/A. PERSONNEL ITEMS 7 B. LICENSES, Plumbers $.at C. LICENSE, Tree Maintenance Contractor D. LICENSE, Shows - Haunted Hayride, Mitch Knoll/Autumn, Inc., Also Plans to Sell Food, Beverages, Caps & T -Shirts . JOE. AUTHORIZE Request for Proposal, Mobile Data Communications System, Police Department 136,F. STREET NAME CHANGE, Kost Road to Trails End Road )G . WAIVER OF PLAT, Ken Wason, Lot 4, Block 2, Oakwood Heights Second Addition, to Allow a Duplex Lot Split for Individual Ownership (g H. AUTHORIZE Agreement for Sales Tax Refund Application i (I. PROCLAMATION, Grand Reopening Old Town Hall *7= ;J. CONTRACT 90-11, Receive Bids/Award Contract, Park Center Addition & Rusten Road • y1 K. VACATE Drainage & Utility Easement, Receive Petition/Order Public Hearing, Lot 2, Block 1, Greensboro 2nd Addition V. 7:00 - PUBLIC HEARINGS (SALMON) A. DELINQUENT WEED CUTTING BILLS, Final Assessment Hearing B. DELINQUENT UTILITY BILLS, Final Assessment Hearing C. PROJECT 546, Final Assessment Hearing, Cedarvale Boulevard - Street Improvements (Will be continued to the September 18 City Council meeting) D. PROJECT 569, Final Assessment Hearing, Armstrong Business Center Utilities ' q -y E. PROJECT 510, Final Assessment Hearing, Cliff Road - Streets & Storm Sewer F. PROJECT 596, Public Hearing, Woodlands North Addition - Streets & Utilities (Will be i continued to the September 18 City Council meeting) VI. OLD BUSINESS (ORCHID) 00 A. CONSIDER Storm Water Drainage System Improvements for Property at 3918 Gibraltar Trail � 7,B. AMENDMENT, City Code Chapter 10, Section 10.51, Residential Off -Street Parking �• VII. NEW BUSINESS (TAN) _,.� )A. RESOLUTIONS to Issue and Sell $9,300,000 General Obligation -Revenue Water System Bonds, Series 1990A; $5,250,000 General Obligation Improvement Bonds, Series 1990B; $250,000 General Obligation Equipment Certificates of Indebtedness, Series 1990C; and $1,220,000 General Obligation Refunding Improvement Bonds, Series 1990D 4S 4. Environmental Cities Coalition C. SPECIAL HUNTING PERMITS: 1) Chris Holste/1667 Mallard Drive and 2) Jason Himmelwright, 8103 Ensign Curve, Bloomington C& D. CLARIFICATION of Plat Condition/Jim Koestring/Lot 1, Block 2, Blackhawk Glen 3rd (OI E:. SPECIAL USE PERMIT, Opus Corporation, to Allow a 3' X 10.6' Business Identification (OI Sign at the Armstrong Business Center Phase I, Located on Lots 2-27, Block 3, ro Eagandale Center Industrial Park No.3 01 )o. VARIANCE, Daryl Werneke, of 4' from the 10' Side Yard Setback Requirement, Located . at 3640 Windtree Drive in the SW 1/4 of Sec 13 COMPREHENSIVE GUIDE PLAN AMENDMENT, City of Eagan, Area D, Multifamily Residential Land Study, to Change the Land Use Designation of Approximately 9 Acres from D -III Mixed Residential (6-12 Units Per Acre) to D -I Single Family Residential (0-3 Units Per Acre) and a REZONING of Approximately 9 Acres from R-3 Townhouse Residential to R-1 Single Family Residential. Property Located West of I -35E and South of Lemay Lake in the NW and SW 1/4's of Sec 10 INTERIM Ordinance, Signs/Billboards I. REZONING, Arcon Construction, of Lot 5, Block 1, Berry Ridge Addition from R-2 ! (Duplex) to R-1 (Single Family) Located Along the South Side of Berry Ridge Road in the SW 1/4 of Sec 22 j WAIVER OF PLAT, Gopher Smelting, in Order to Incorporate A Parcel of Land Into Lot �` 1, Block 2, Gopher Eagan Industrial Park 2nd Addition Located along the North Side of Yankee Doodle Road in the SE 1/4 of Sec 1 K. PLANNED DEVELOPMENT AMENDMENT & REVISED PRELIMINARY PLAT, Woodlands North Addition (Revised) Consisting of 72 Duplex Lots on Approximately 14 Acres Located Along the South Side of Kost (Trails End) Road and West of Elrene Road in the NE 1/4 of Sec 14 {�y L. CONDITIONAL USE PERMIT, Gopher Smelting & Refining, to Allow Service Facilities for Trucks and Heavy Equipment in a LI (Light Industrial) District on Lot 2, Block 1, Gopher Eagan Industrial Park 2nd Addition Located Along Highway 149 in the South One Half of Sec 12 M. CONDITIONAL USE PERMIT, B J Transport, to Allow a Trucking Terminal in a (LI) Light Industrial District Located on Lot 1, Block 5, Eagandale Center Industrial Park in the SE 1/4 of Sec 3 VIII. ADDITIONAL ITEMS (GOLD) IX. ADMINISTRATIVE AGENDA (GREEN) X. VISITORS TO BE HEARD (for those persons not on agenda) XI. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADME4191 RATOR HEDGES DATE: AUGUST 30, 1990 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 4, 1990 CITY COUNCIL MEETING ..................... .... ................................... After approval is given to the September 4, 1990 City Council agenda and regular meeting minutes for August 21, 1990, the following items are in order for consideration: RECEIVE BIDS'AWARD CONTRACT GALAXIE CLIFF PLAZA 2ND ADDN Item 1. Contract 90-01, Receive Bids/Award Contract (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities) --At 10:00 a.m, on August 31, 1990, formal bids were received for the installation of streets and utilities necessary to service the proposed Galaxie Cliff Plaza 2nd Addition. Enclosed on page gnp?_ is a tabulation of the bids received with a comparison of the low bid to the engineer's estimated contained in the feasibility report presented at the public hearing held on August 7. In consideration of installing these public improvements, the Council requested that an auxiliary driveway access be provided to existing Fire Station #5 from Plaza Drive in accordance with Alternate "B" as discussed at the Council meeting of August 21 as shown by the sketch enclosed on page_. Based on the bids received, the construction ost of this access is $7,910.00. The cost for Alternate "A" as shown on page is $19,872.00. The cost of land acquisition is being researched and negotiated by the Planning Department. At the developer's request, the Engineering Division "fast -tracked" the public hearing and public improvement process in hopes that this contract could be awarded on September 4 with construction, including street paving, completed yet this fall. However, it has been City policy that the final plat must be approved before the City would contractually obligate itself to a contractor for the installation of public improvements within a proposed subdivision. Therefore, consideration of this contract award should be continued until such time that the final plat can be approved by Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 90- 01 (Gala)de Cliff Plaza 2nd Addition - Streets & Utilities) and continue consideration of contract award to September 18. t GALAXIE CLIFF PLAZA 2ND ADDITION CITY CONTRACT 90-10 STREETS & UTILITIES EAGAN MN CONTRACTORS 1. Nodland Construction 2. Ceca Utilities 3. Northdale Construction 4. G.L. Contracting 5. Burshville Construction Feasibility Rept. Engineer's Est._ Bid Amount $250,300.00 $307,600.00 * $243,153.00 BID TIME: 10:00 A.M. BID DATE: AUGUST 31, 1990 $243,153.00 279,451.20 283,466.25 318,767.60 338,361.50 % +Z- Feasibility Rept. - 2.9% % +/--Engineer's Est. - 21% *The Engineer's Estimate includes approximately $42,400 worth of items relating to additional storm sewer and Fire Station #5 access construction which the preliminary report did not address. Zfr P 4v e) r oe X. rr I All cp le of M In Agenda Information Memo September 4, 1990 City Council Meeting ` ONSENT'A ENDA There are eleven (11) items on the agenda referred to as Consent Items requiring 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 Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS: Item 1. Seasonal Park Maintenance Workers—Because of resignations of workers who are returning to school, it was necessary for City Administrator Hedges to approve the hiring of Jeffrey Grubb and Scott Viola as a seasonal park maintenance workers. This item is informational and no action is required on the part of the council. Item 2. Clerical Technician 2,/Finance Department—Over 200 applications were received for the part-time position of Clerical Technician 2 in the Finance Department. After screening of the applications, 26 applicants were invited to the Municipal Center for written tests. Typing tests and interviews are scheduled for five of the applicants the afternoon of Tuesday. September 4, 1990. The interview panel will consist of Director of Finance 'v'anOverbeke, Assistant Finance Director Damlo, Accountant II Fink and Assistant to the City Administrator Duffy. Hopefully, they will have a recommendation for hire which will be orally presented to the City Council at their meeting that evening. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a person yet to be named as Clerical Technician 2 (part-time) in the Finance Department, contingent upon successful completion of the City's physical examination requirement. Item 3. Seasonal Maintenance Worker/Street Division—Due to resignations of current workers in order to return to school, after interviews, it is the recommendation of the Superintendent of Streets and Equipment Erhart that Ronald Burke be hired as a seasonal street maintenance worker for the coming season. ACTION TO BE CONSIDERED ON THIS I'T'EM: To approve the hiring of Ronald Burke as a seasonal street maintenance worker. Agenda Information Memo September 4, 1990 City Council Meeting Item 4. Seasonal Maintenance Worker/Central Services Maintenance—Due to resignations of current workers in order to return to school, after interviews, it is the recommendation of the Superintendent of Streets and Equipment Erhart that Alan Weiher be hired as a seasonal central services maintenance worker for the coming season. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Alan Weiher as a seasonal central services maintenance worker. ?,f Agenda Information Memo September 4, 1990 City Council Meeting PLUMBERS LICENSES B. Plumbers Licenses—City Code regulations require that plumbers' licenses be renewed on an annual basis. Enclosed on page —go, are those companies that are performing plumbing services in the City of Eagan whose license application is in order for consideration at this council meeting. AC 1ON TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as presented. SII PLUMBING LICENSES SEPTEMBER 4, 1990 1. Boutin Plumbing & Heating 2. Coppin Plumbing Company 3. Lake Harriet Plumbing & Heating 4. Marque Plumbing, Inc. 5. Polar Plumbing 6. Salzer Plumbing 2 or Agenda Information Memo September 4, 1990 City Council Meeting TREE MAINTENANCE CONTRACTOR LICENSE C. License, Tree Maintenance Contractor—The City Council has approved an ordinance regulating tree maintenance in the City of Eagan which requires that persons and'or companies hired by residents to perform tree maintenance tasks be licensed in the Cite. Enclosed in the Council's packet without page number is an application for license for tree maintenance contractor as submitted by S & S Tree Specialists, Inc. This application is in order for consideration at this council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a tree maintenance contractor license for S & S Tree Specialists, Inc. SHOWS LICENSE/HAUNTED HAYRIDE D. License, Shows - Haunted Hayride, Mitch Knoll/Autumn, Inc., Also Plans to Sell Food, Beverages, Caps & T-Shirts—Enclosed without page number in the Council's packets is an application for a shows license as submitted by Eagan resident Mitchell Knoll on behalf of Autumn, Inc., (Haunted Hayrides). Autumn Inc., plans to operate a halloween oriented activity on the open land behind the postal service bulk mail plant on Lexington Avenue, from September 28 through ?november 6. Lieutenant Jerry Meszaros recommends approval of the applicant subject to provision of proof of liability insurance coverage. In connection with the haunted hayride, Autumn, Inc., will sell caps, t -shins and packaged food and beverages. These sales have been reviewed by the Eagan Police Department and a state food inspector who see no reason to deny such sales. Council action is not required on the sale items. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a shows license for Mitchell Knoll for Autumn, Inc., (Haunted Hayrides) conditional upon provision of liability insurance coverage. lil Agenda Information Memo September 4, 1990 City Council Meeting MOBILE DATA COMMUNICATIONS SYSTEM REP E. Authorize Request for Proposal, MoDue Data Communications System, rouce Department—Included in the 1990 City of Eagan budget is approval for the purchase of a mobile digital communications system for the Eagan Police Department. The Eagan Police Department has completed the request for proposal for this system. Enclosed on page Ik is a copy of a memo from Chief of Police Geagan regarding the request for proposal and schedule for that process. Approval to distribute the request for proposal is in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the request for proposal for a mobile data communications system for the Eagan Police Department and approve distribution and advertisement of the same. tb police department i i 1 PATS ICK J. GEAGAN `.� Chief of Police KENNETH D. ASZMANN 1c1tofaagan Operations captain 3830 Pilot Knob Road Eagan, Minnesota 55122 Phone: (612) 454.3900 FAX: (612) 454.0718 August 28, 1990 TO: FROM: SUBJECT: TOM HEDGES, CITY ADMINISTRATOR PAT GEAGAN, CHIEF OF POLICE SYSTEM THOMASEGAN Mayor DAVID K. GUSTAFSON PAMELA McCREA TIM PAWLENTY THEODORE Council Members THOMAS HEDGES Gey Administrator EUGENE VAN OVERBEK=_ City Clerk The Eagan City Council approved the purchase of a Mobile Digital Comnunicatio s System during the 1990 Budget Process. The Police Department has completed the Request for Proposal for the Mobile Data Communications System. As a result, we are requesting approval from the Eagan City Council to solicit proposals fron qualified vendors for the supply, installation and implementation of the Turnkey Mobile Data Communications System. This syte: will serve to enhance the current operation of the Eagan Police Department's co=unication operation. The Request for Proposal has been reviewed by Len Koehnen, the Police Department's Radio Consultant, Gene VanOverbeke, and the City Attorney's Office. The approved budget amount of this iter is set at $138,000. During the budget process it was determined this item be financed through the Revolving Equipment Fund. The Police Department has set the following project schedule: September 5: Advertisement and mailing of specifications September 19: Pre -Bid Conference and Site Tour - 9:00 A.M. Eagan City Council Chambers, 3830 Pilot Knob Road, Eagan, MN September 26: All questions due in writing to the City. No questions after this point. October 1: All questions responded to in writing from the City October 9: Bids due at 1600 hours. October 16: City Council approval Patrick J. Geagan Chief of Police PJG:lb THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity,"Affirmativ( Action Employer Agenda Information Memo September 4, 1990 City Council Meeting STREET NAME CHANE OST ROAD F. Street Name Change, Kost Road to Trails End Road—An application has been submitted by Robert Engstrom Companies to change the present street named Kost Road to Trails End Road. Trails End Road basically curves and turns into Kost Road on current City of Eagan maps. Robert Engstrom Companies wishes to extend t e name Trails End Road around the curve. Enclosed on pages through C for the Council's information is a copy of the application for street name change and the map showing the present layout of the involved streets. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a name change for the present Kost Road to Trails End Road, conditional upon the applicant playing all costs for street name sign changes. r400-2, CITY OF EAGAN STREET NAME CHANGE NAME: Robert Encstrom Companies ADDRESS: 4001 West 81st Street, #101 Bloortin-toy-: (STREET) (CITY) TELEPHONE # 393-1001 NAME OF PLAT The Woodlands North 55437 (ZIP CODE) PRESENT STREET NAME Dost Road PROPOSED STREET NAME Trails End Road REASON FOR NA.*f.E CHANGE Kost to present Trails End is Eentle curve, nicer -,e less confusinclmore continuity. PLEASE ATTACH LIST OF AFFECTED PROPERTY OWNERS AND AN 8-1/2" X 11" COPi OF EXISTING AND PROPOSED STREETS AFFECTED. UPON APPROVAL, THE APPi.ICk!%T WILL BE RESPONSIBLE FOR ALL FEES ACCRUED IN THE STREET NA%ZE CE -:;'!;GE. a OF SIGNS AT $ %SIGN = $ TO BE DETERMINED BY CITY STREETS SUPERINTENDENT) qL Au�:sut 21. 1990 APPLICANT'S PiGNAThDRE DATE SUBSCRIBED AND SWORN TO ME THIS 21-t DAY OF Au us , 19 c. MY COMMISSION EXPIRES ELIZABETH J. OLSON _ _ VOTARY CilBai - htIKNESOT, �. . DAKOTA COUNTY^ »�;•� MY eof+m�Bvon exoral x•29.95 NOTARY PUBLIC -------------- CITY USE ONLY SUPT. OF STREETS CITY COUNCIL DATE /�'� D CO*R'✓. 17NITY DEVEL. FEE /C RECEIPT 15 DATE Olt .• � !f �: i:i� �i1• iii �Si rlr li1�� QZ t Agenda Information Memo September 4, 1990 City Council Meeting WAIVER OF PLATIOAKWOOD HEIGHTS SECOND ADDITION G. Waiver of Plat, Ken Wason, Lot 4, Block 2, Oakwood Heights Second Addition to Allow a Duplex Lot Split for Individual Ownership—An application has been received from Ken Wason for waiver of plat for a duplex lot split for Lot 4, Block 2, Oakwood Heights Second Addition. The purpose of the waiver of plat is to allow individual ownership of the duplex. Enclosed on pagesthrough is a copy of a report as prepared by the Community Development Department regarding this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a waiver of plat for a duplex lot split for Lot 4, Block 2, Oakwood Heights Second Addition. 1'r CITY OF EAGAN SUBJECT: WAIVER OF PLAT - DUPLEX LOT SPLIT APPLICANT: KEN WASON LOCATION: LOT 4, BLOCK 2, OAKWOOD HEIGHTS 2ND EXISTING ZONING: PD R-2, PLANNED DEVELOPMENT DUPLEX DATE OF PUBLIC HEARING: SEPTEMBER 4, 1990 DATE OF REPORT: AUGUST 23, 1990 COAiPILED BY: COMMUNITY DEVELOPAiENT DEPARTMENT APPLICATION SUAIALARY: An application has been submitted by Ken Wason requesting a Waiver of Plat for Lot 4, Block 2, Oakwood Heights 2nd Addition. The purpose of the Waiver of Plat is to allow individual ownership of the duplex. Each half of the duplex has separate utilities and meets or exceeds all setback requirements. If approved, this Waiver of Plat shall be subject to all applicable code requirements. Strast Map Zoning Map UIVIV6" L RBe CONSUL71HO tHOIHECAS, PRcJECT "BoU. IL2y2Z-7,01 .c1FEENGINEM11ING PLAHHEAS and LARD SURVEYORS COMPR14yr{NC. 1000 EAST 146Lh STREET, BuRNSVILLE, UlHH£:OTA 51337 PH 132-30C 9LOCK Z, 04KWOW ZwG AGDI Ti DAK07-A couAM7 M/A/,VI:SdTA 3c' FRONT OVILDIIJ& 64°°� SETBACK LINE ,n ' MtZc') DE 1JOTE ELEVATICt'J C9c6. c) DENOTES PP_Or:)5 _D k-)\ ELEVA71orJ � poi � ,�,? �. L' � / ✓ , tJ�\ 4.cl OF SURFACE DRAIAI, �\ x �> bb ,cc �9 e 17N \ 5L^E.�2 = F/AJ/!5r7,E- 6Ak'A.4c k ` \ FLOOD' CLE VAT r' U I 91, 32 E o \ / / D���b' \` SQA /� •� Z R�rJ DRAINAGE AND UTILITY EASEME,kIT �� �� �� SCALE 3ol r�= I her*by cer*.ify that tAi3 is a true and correct "presentation of AL tract of t• d ae shown' and described herton.• As prepared by me on this SW , day of 17 Minn. F69- Kc- &O . Agenda Information Memo September 4, 1990 City Council Meeting AGREEMENTISAL.FS TAX REFUND APPLICATION H. Authorize Agreement for Sales Tax Refund Application—In 1988, the City entered into an agreement with Mr. Jon G. Sarff to utilize his assistance in preparing the necessary documents, in gaining the cooperation from contractors and in negotiating with the state to seek sales and use tax refunds as a result of the ACTON sales tax case. As a result of that agreement, the City has netted nearly $170,000 after paying Mr. Sarff and the contractors as required by the agreement. While the expenses were rather high, it was determined that the City would be able to recover very little, if any, of the original payment without the use of Mr. Sarff because of his relationship with a number of the contractors. The City has been approached by a Mr. Jack D. Elmquist suggesting that further sales/use tax refunds might be obtained on slightly different grounds. Enclosed on pages through is a copy of his proposed agreement. Again, the cost is rather high, but it is unlikely that the City will recover anything without this type of assistance. It is the recommendation of the Finance Director that the City does enter into this agreement. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the sales and use tax agreement as offered by Jack D. Elmquist and to authorize the City Clerk to execute the agreement. JACK D. EDIQI7ST Law of ices July 12, 1990 City of Eagan Eagan City Hail Eagan, MN 55122 2450 Centre Village 431 South 7th Street Minneapolis, Minnesota 55415 (612) 371.9472 Fax (612) 337.5833 ATTN: Eugene Van Overbeke, City Clerk/Treasurer Dear Mr. Van Overbeke: Our fire: has worked with many cities, counties and other tax-exerpt entities over the last several years obtaining sales tax refunds on what is called Zirpro/Tini property. This work resulted in hundreds of thousands of dollars in refunds. Based upon our experience, meetings with the Department of Revenue and additional research it may be possible to obtain further sales/use tax refunds on slightly different grounds for your benefit. Similar to what we have done in the past, we will assert any claiLm on your behalf without cost to you for a standard fee of 1/3 of all refund sums recovered plus costs expended. You are not responsible for advancing any costs or for paying any costs if nothing is recovered, but your cooperation, of course, is necessary to meet demands for information from the Department of Revenue. We again believe that a certain level of contractor as- sistance will be necessary, but, if necessary, that it will be available without any refund -sharing arrangement. For those that have worked with us before you know we are accessible and cooperative. If we recover a refund, we will ad- vise you how to structure future construction projects to avoid refund claims. we do not guarantee that any additional refunds will be paid or that they will be of the magnitude of previous refunds, but we think there are possibilities that should be pursued. If we are unable to negotiate a refund and if we con- tinue to believe a refund is justified, we will assert your Clair: in Tax Court under the same terms and conditions just described. If you agree to these terms please indicate your consent by signing and returning a copy of this letter together with a signed copy of the enclosed power of attorney and claim for refund forms. You have nothing to lose. Claims will be processed in order of receipt. Only consents received by Septem- ber 30, 1990 will be processed this year. Construction projects over 3 years old are subject to statute of limitations defenses and, if applicable, no refund is recoverable for those claims so an early reply is advisable. We appreciate your cooperation. JDE/db Enclosure APPROVED this day of Dated: STATE OF MINNESOTA ) ss. COUNTY OF ) Very truly yours, JACK D. ELMQUIST LAW OFFICES Jack D. Elm qu t , 1990. Authorized Representative of On this day of , 1990, before me a notary public within and for said county, personally appeared (and ] of the organization named in the foregoing instrument, and that said instrument was signed on behalf of said _ by all persons required by the charter, articles or other or- ganizational documents of [and ] acknowledge said in- strument to be the free act and deed of said Notary Public Agenda Information Memo September 4, 1990 City Council Meeting PROCLAMATION GRAND REOPENING OLD TOWN HALL I. Proclamation, Grand Reopening of Old Town Hall—The grand reopening of the Old Tov6-n Hall is scheduled for 12:30 p.m. on Saturday, September 8, 1990. As part of the dedication ceremonies, it is planned to present proclamations to three groups who have assisted in the reconstruction throw h financing or actual working on the building. Enclosed on pages through ,Ware copies of the three proclamations which recognize the assistance of the Eagan Boy Scout Troop #345, the Rotary of Eagan and "Celebrate Minnesota 1990" program. ACTION TO BE CONSIDERED ON THIS I'T'EM: To approve the proclamations commending and thanking the Eagan Boy Scout Troop #345, the Eagan Rotary and "Celebrate ?Minnesota" for their senice!financial assistance in the renovation of the Old Town Hall. ai PROCLAMATION CITY OF EAGAN GRAND RE -OPENING OF THE OLD TOWN BALL WHEREAS, the City of Eagan is committed to preserving its history, and WHEREAS, the City has undertake extensive renovations to the Old Town Hall, built in 1914, and WHEREAS, Mark Ramsbarg and the Eagan Boy Scout Troup #345 have invested over 50 hours building a sidewalk, replica of an old outhouse and "Town Hall" sign, and WHEREAS, the City of Eagan celebrates this day of September 8, 1990, the "Grand Re -Opening of the 'Old Town Hall"', NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Eagan do commend and extend their thanks and appreciation for your valued service in helping to preserve Eagan's history. Motion Made By: Seconded By: Those In Favor: Those Opposed: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: CERTIFICATION Its Clerk 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 8th day of September, 1990. E. J. VanOverbeke, City Clerk City of Eagan PROCLAMATION CITY OF EAGAN GRAND RE -OPENING OF THE OLD TOWN BALL WHEREAS, the City of Eagan is committed to preserving its history, and WHEREAS, the City has undertake extensive renovations to the Old Town Hall, built in 1914, and WHEREAS, the Rotary of Eagan invested 420 man hours assisting in the renovations, and WHEREAS, the City of Eagan celebrates this day of September 8, 1990, the "Grand Re -Opening of the 'Old Town Hall"', NOW, THEREFORE, HE IT RESOLVED, that the Mayor and City Council of the City of Eagan do commend and extend their thanks and appreciation in recognition of the Rotary's valued service in helping to preserve Eagan's history. Motion Made By: Seconded By: Those In Favor: Those Opposed: 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 assemb-led this 8th day of September, 1990. E. J. VanOverbeke, City Clerk City of Eagan CITY OF BAGAN GRAND RE -OPENING OF THE OLD TOWN HALL WHEREAS, the City of Eagan is committed to preserving its history, and WHEREAS, through grant money from the Celebrate Minnesota 1990 program, the City was able to undertake extensive renovations to its Old Town Hall, and WHEREAS, the City of Eagan celebrates the dedication of the Old Town Hall this day of September 8, 1990, with "The Grand Re -Opening of the 'Old Town Hall"', NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Eagan wish to express their appreciation to "Celebrate Minnesota 1990" for assisting in the preservation of Eagan's history. Motion Made By: Seconded By: Those In Favor: Those Opposed: 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 8th day of September, 1990. E. J. VanOverbeke, City Clerk City of Eagan 07� Agenda Information Memo September A, 1990, Citi- Council 'Meeting RECEIVE,TIDS,'AWARD CONTRACT (PK CTR ADDN & RUSTEN RD) ; ';. Contract 90-11, Receive Bids!Award Contract (Park Center Addition & Rusten Road - Streets & Utilities) --At 10:30 a.m., on August 31, 1990, formal bids were received for the installation of streets and utilities to service the Park Center Addition and Thomas G. Slater Addition (Rusten Road). Enclosed on page is a tabulation of the bids received with a comparison of the low bid for each project to the estimate contained in the feasibility report presented at the public hearing held on December 17, 1989, and September 5, 1989, respectivehv. It has been Cit;,- policy that the final plat be approved by Council action prior to the Cit} contractually obligating itself for the installation of public improvements within a proposed plat. Although the City does have adequate easements and dedicated public right-of-way necessary to allow the installation of the street improvements for Rusten Road, neither final plat for the Park Center Addition or the Thomas G. Slater Addition have been approved by Council action. Therefore. it is recommended that consideration of contract award be continued until such time that final plats can be approved. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 90- 11 (Park Center addition & Rusten Road - Streets &. Utilities) and continue consideration of contract award to September 18. PARK CENTER & RUSTEN ROAD CITY CONTRACT 90-11 PROJECT 577 - RUSTEN ROAD PROJECT 583 - PARK CENTER STREETS & UTILITIES EAGAN MN CONTRACTORS 1. Fredrickson Excavating 2. hodland Construction Company 3. Ceca Utilities 4. Northdale Construction LOW BID BID TIME: 10:30 A.M. BID DATE: AUGUST 31, 1990 TOTAL BASE BID $372,462.20 392,782,50 404.214.80 447,118.10 $372,462.20 Feasibility Report Bid Amount % Feasibility Report Project 577 $ 43,980.00 $ 42,597.50 - 3.1% Project 583 $485,729.00 $329,864.70 -32.1%* * Additional information with respect to differences in the Feasibility Report estimate and actual bids taken to be provided at the time of contract award consideration by the City council. Agenda Information Memo September 4, 1990, City Council Meeting VACATE DRAINAGE & UTILITY ESMT /�. Vacate Drainage & Utility Easement, Receive Petition/Schedule Public Hearing (Lot 2, Block 1 - Greensboro 2nd Addition) --Staff has received a petition to vacate a portion of a ponding easement located on the above -referenced lot. The final plat for this development inadvertently dedicated a greater ponding easement than was necessary based on the final grading plan. Therefore, it would be appropriate for the Council to schedule a public hearing to formally consider this petitioned request. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate a portion of a drainage and utility easement over Lot 2, Block 1, Greensboro 2nd Addition and schedule a public hearing for October 2, 1990. 027 Agenda Information Memo September 4, 1990 City Council Meeting '`PUBLIC HEARINGS DELINQUENT WEED CUTTING BILLS A. Delinquent Weed Cutting Bills, Final Assessment Hearing -0n August 7, 1990, a public hearing was scheduled for September 4, 1990, to receive input from affected property owners regarding the assessment of delinquent weed cutting bills. The following weed cutting bills have been identified as delinquent by the Finance Department: Parcel # Amount 10-14175-070-01 $ 84.00 10-14351-240-03 55.00 10-16704-010-11 240.00 10-44900-071-01 118.00 10-55400-060-01 55.00 10-55400-070-01 65.00 10-55400-080-01 130.00 10-56210-010-00 105.00 10-7-19-78-130-03 186.75 10-75900-080-01 95.00 10-84476-070-01 35.41 1,224.66 Enclosed on pages c2i through 3soois a coPy of a letter received from Robert E. NVarmka regarding the special assessment for delinquent weed cuttin€ for his property-. Included with the enclosures is the notice sent to him and the Finance Director's answer to the enclosed letter. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing, and approve the final assessment roll for delinquent weed cutting bills and authorize the certification to the County for collection. ROBERT E. WARMKA 3345 DONALD AVENUE EAGAN, MINNESOTA 55121 (612) 454-4649 August 15, 1990 E. J. Van0verbeke City Clerk City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr./Ms. Van0verbeke: I am extremely confused by your recent notice of special assessment to me, copies are enclosed. My wife and I purchased our house on Donald Ave. last September. We closed the sale on September 18, 1989. The yard was not maintained at all by the previous owners. On Tuesday, September 19, 1989 we cut the entire lawn, and in the days following (it was a two or three day job) we raked the cuttings and hauled them to the compost site off Pilot Knob Road. I do not know how your system of bureaucracy works, please call me if this letter does not constitute a "signed, written objection." My wife and I have put an incredible amount of time and money into this house since last September, however we did not inherit someone else's delinquent weed cutting assessment when we closed last year. I will not at this time, or at any time in the future, pay to the City of Eagan this delinquent assessment. You need to take whatever measures are required of your office to see to it that we are not harassed by this, or any other, errant claims. If you have any questions please call me at the number listed above, and please see to it that we are not inconvenienced by this sort of lack of attentiveness in the future. SinQerely, Robert E. Warmka m NOTICE OF SPECIAL ASSESSMENT The EAGAN CITY COUNCIL will meet September 4, 1990, at 7:00 p.m. at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota, to approval and adopt the special assessments against the following described property: J,,•._ ,,,:,�,.'. _ �, _ .r The dollar amount of the assessment, due to delinquent weed cutting charges is --1/ %/ ?'- f; r.• Any portion of the total amount of this special assessment may be paid within thirty (30) days, specifically on or before October 4, 1990, without interest at the Eagan Municipal Center. The unpaid balance will be collected in full (principal and interest) in 1990 with your property taxes. This will be payable through the Dakota County Auditor's office in Hastings. The amount payable in 1991 will include interest at the rate of 8% per year on the unpaid balance. Interest will be calculated from September 4, 1990 to December 31 1990, and for all of 1991. The proposed assessment roll is on file with the City Clerk. Written or oral objections will be considered; no appeal av be taken as to the amount of any assessment unless a sic:ned. written obiection is filed with the clerk prior to the hearing or resented to the presiding officer at the _hearing. An appeal to district court may be made by serving notice upon the Mayor or Clerk of the City within 30 days after adoption of the assessments and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City has a Senior Citizen Deferment Ordinance based on income and homestead status. Details are available by calling the Assessment Department, 454- 8100. Please note that you will receive additional notice on this matter only if the amount due is amended. If you have any questions concerning this matter, please call Special Assessments at the City of Eagan (454-8100). City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 36) ri NOTICE OF ASSESSMENT HEARING DELINQUENT WEED CUTTING BILLS CITY OF EAGAN DAKOTA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN, that the City Council of the City of Eagan, Dakota County, Minnesota, will meet at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on September 4, 1990 at 7:00 p.m. to consider the proposed assessment of delinquent weed cutting bills in Eagan. The proposed area to be assessed is described in the assessment roll on file with the City Clerk in his office, which roll is open to public inspection. Written or oral objections will be considered at the public hearing. No appeal may be taken as to the amount of any assessment unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the hearing or presented to the presiding officer at the meeting. An owner may appeal an assessment to district court pursuant to M.S.A. 9429.081 by serving notice of the appeal upon the Mayor or Clerk of the City of Eagan within thirty (30) days after the adoption of the assessment and filing such notice with the District Court of Dakota County within ten (10) days after service upon the Mayor or Clerk. Further information relating to these assessments may be obtained from the Special Assessment Division of the Public Works Department and any questions should be directed to that Division. Dated: August 7, 1990 /s/ E. J. VanOverbeke E. J. VanOverbeke City Clerk - City of Eagan 3/ _city of 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122-189:+ PHONE: (612) 454.8100 FAX: (612) 454-8363 August 23, 1990 MR ROBERT E WARMKA 3345 DONALD AVENUE EAGAN MN 55121 can Re: Special Assessment Notice - Delinquent Weed Cutting Charges Dear Mr. Warmka: TROMPS EGAN Mayor DAVD K. GUSTAFSON PAMELA WCREA TIM PAWLEN` Y THEODORE WACHTER Counol Wmbm THOMAS HEDGES City Administrator EUGENE vxN OvERBEKE Cory Clerk I am in receipt of your letter dated August 15, 1990, in which you expressed confusion regarding the above referenced notice. This notice which I believe is fairly straight forward is for the purpose of informing you that the referenced assessment will be considered for certification at the public hearing on September 4, 1990, at 7:00 p.m. As you stated in your letter, the yard was not maintained by the previous owners of the property and it was necessary for the City to cut the weeds. The charges are billed to the property owner of record and if not paid become liens against the property through this special assessment process. Your letter does constitute a "signed, written objection" and will be forwarded to the City Council for consideration at the public hearing on September 4. I would also suggest that you might want to give consideration to appearing at the public hearing to present your facts. Please be advised that vour letter in and of itself does not remove these assessments from consideration; that action can be taken only by the City Council if they feel it is appropriate. The City appreciates the work you and your wife have put into the property. I would also like to assure you that this is not an errant claim, it is not in any way intended to harass you as a citizen of Eagan, and it is certainly not intended to inconvenience you or anyone else. THE LONE OAK TREE ..THE SYM1B(�OFQUAWTR AND GROWTH IN OUR COMMUNITY Ecluai Opportunity'Affirmative Action Employer LETTER TO NIR WARMI;A AUGUST 23, 1990 PAGE TWO For your information I have enclosed copies of the Statement of Costs for Noxious Weed Destruction and the City's original invoice billing those costs. If I can help explain this process in any other way, please call. Sincerely, VOVr,0 E. J. 'anOverbeke Finance Director/City Clerk Enclosures EJ V/kf 33 ESOTA ENT OF AGRICULTURE • STATEMENT OF COSTS +" FOR NOXIOUS WEED DESTRUCTION (File with county Auditor or City Clerk) In accordance with Minnesota Statutes, 1976, Chapter 18, this Statement of Cost is for service rendered and materials used by the below named person who was hired to destroy or eradicate noxious weeds on the land described below. Theresa Watson Unknown Address , Minnesota (Owne. or Occupant) (Address) failed to cut down, otherwise destroy or eradicate, to the extent specified, noxious weeds in accordance with an individual notice served on _ 6_7_RP (Date) KINDIS) OF WEEDS ACREAGE DATE DESTROYED Long grass and weeds over 6" .SO 6-20-89 LEGAL DESCRIPTION OF LAND SUBDIVISION TOWNSHIP SECTION RANGE .. -. , INSPECTOR'S EXPENSE: miles @ and hours C L20.00 $ 10.00 COUNTY CITY LOT NUMBER BLOCK Dakota Eagan 71 1 ITEMIZED COSTS LABOR COSTS .. ?, men, 2 hours. at $.1.7..00. Per hour $ 68.00 MATERIAL AND EQUIPMIENT COSTS . 2hours. at. $20,00........... $40.00 TOTAL INSPECTOR'S EXPENSE: miles @ and hours C L20.00 $ 10.00 TOTAL COST $ 118.00 VERIFICATION BY WEED INSPECTOR I, being first duly sworn, verify that I am now and was during the time mentioned in this statement, a weed inspector of the State of Minnesota for the below entitled political subdivision. This state- ment is a true and just statement of the services rendered and the materials used by the person hired for the purpose of cutting down, otherwise destroying or eradicating the noxious weeds on the land descr.bed in this statement. DATE 7jilir 1-? 1 "J SIGt G 0;RE WEED INSPECTOR FOR CITY OF EAGAN I VERIFICATION BY PERSON HIRED I I, being first duly sworn, verify that the above is a true and just statement of costs for the services rendered and the materials used and that the amounts charged are such as are allowed by law and of which no part has been paid. DATE SIG URE ::1k30 DDRESS 7- ?r -df LIV c P,tl f ...�✓ VERIFICATION BY COUNTY AUDITOR OR MUNICIPAL CLERK I This statement of costs was filed with me and verified to be a true and just statement of costs on date designated below. DATE SIG f jilt• Trus luirn a swi:op +ca by tri Minnasuto Dcl.ortnkcnt of Agnculturc. IG -00181.03 Wlute: aunty Audita., w Municipal Clerk 3 teviously Form 61 0 ' Yellow- Weed Inspectoe INVOICE ` 3830 Pilot Knob Road LN Eagan, Minnesota 5512:-1897 City of Eagan 45"100 Equal Opportunity.`Affirmative Action Employer TO: Vie$ r � Theresa Watson Date£ -30-89 3345 Lionald Avenue naZ,. ?Ti 55121 Of'3Ty�— L J Total Due Upon Receipt - Thank You 35 DESCRIPTION AMOUNT Ojttine of Foaious weeds per attached statement Parcel 10-44900-071-01 NO'*E: If payment is not received within 30 daps (Septe=ber 30, the bill will be certified to the county auditor for collection with the real estate taxes. Total Due Upon Receipt - Thank You 35 Agenda Information Memo September 4, 1990 City Council Meeting DELINQUENT UTII.TTY BILIS B. Delinquent Utility Bills, Final Assessment Hearing -0n August 7, 1990 a public hearing was scheduled for September 4, 1990 to receive input from affected property owners regarding the assessment of deli uent sewer aater bills. The assessment roll consists of the parcels listed on pages through 14 Q ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize the certification &19 PID NUMBER ACCT NUMBER BALANCE DUE 101635018001 121154080 9.66 101660004002 126052000 75.41 101660211202 126094000 25.08 101710002103 113028170 39.19 101710002203 113028090 51.07 101710003004 113030130 40.07 101710003004 113030050 45.17 101710401002 113086080 71.63 101710401002 113086160 58.94 101740001101 126218010 106.56 101740002104 126190030 343.32 101740015600 126128000 110.73 101740015900 126136000 34.43 101740016500 126178090 42.35 101740016700 126182030 181.98 101740017000 126183020 204.38 101740018000 126173040 32.36 101740202103 126271050 206.70 101740203204 126314040 223.65 101740205105 126325010 151.68 101740401201 126327820 250.79 101740403101 126328400 149.97 101740403201 126328320 313.04 101740405101 126328810 266.35 101815104004 361203010 79.04 101815202006 361488070 44.99 120580011102 122378060 9.66 108195008005 120131080 5.80 103980101005 123017010 112.77 103980104010 123040020 253.78 104130010001 361076056 42.57 104465106001 364336050 43.42 104730003001 234086100 61.06 104805004104 117152080 39.18 105380105001 121318011 367.00 105540006001 363065610 22.51 105540007001 363065790 6.13 105615001002 122125020 17.81 105615002002 122123040 17.81 105615005002 122117020 17.81 105615007002 122113060 17.81 105621001000 122051180 13.54 106398102002 128001080 230.09 106398301008 128124000 47.36 106398404005 128195040 166.99 106585001002 120051040 13.54 106585002002 120050050 13.54 37 PID NUMBER ACCT NUMBER BALANCE DUE 106585003002 120049090 13.54 106585004002 120048000 13.54 106585005002 120047010 13.54 106585006002 120046020 6.13 106805008001 361006000 395.31 107298605001 122300090 9.97 107585207202 120229010 22.14 107595009003 125057070 40.11 107595012002 125038010 221.02 107595013003 125061010 42.35 107650002002 243070010 152.16 107650004004 243058070 209.89 107650201006 243190060 108.81 106195003003 120062010 9.66 108195003005 120141060 6.78 108195003005 120140070 13.54 108195005006 120178020 9.66 108195005006 120177030 9.66 108195006006 120176040 9.66 108195006006 120175050 9.66 108195008005 120130090 13.54 108195009003 120068050 9.66 108195C09004 120161010 9.66 106195009005 120128030 13.54 106195009005 120129020 5.80 i08195011i01%. 120163090 9.66 108195012001 - 00770. iL'L'�Ji iv -FO 9.65 108195012003 1201 4030 9.66 108195013001 120076050 9.66 108195015001 120074070 9.66 108195016001 120073080 9.66 108195019003 120151030 9.66 108195023002 120164080 9.66 108195024002 120165070 9.66 108195025002 120166060 9.66 108427501002 108339030 6.44 108+27504002 108336061 6.44 108427505002 108335070 6.44 108427509002 108331010 6.44 108427511002 108329050 6.44 1084275130012 108327070 6.44 108427515002 108325090 6.44 108427516002 108324000 6.44 108427524002 108316000 6.44 108427527002 108313030 6.44 10842753+002 108306023 6.44 lOE435404101 109003060 157.42 3g PID NUMBER ACCT NUMBER BALANCE DUE 108460202001 111144020 82.89 108460236001 111101030 120.07 6,575.87 100130001005 370085052 43.26 101170001002 235012083 3,119.72 101170001002 235013073 2,222.85 101350012009 118132011 38.97 101499227001 250061074 15.70 101499729002 371183041 10.89 101500609002 119127061 38.25 101500809002 119166081 7.20 101540007001 244032062 47.74 101550003002 367051011 30.36 101660001101 126011002 98.70 101660009005 126071072 38.08 101670109002 103091021 32.55 101670201005 233024091 5.47 101670401011 235100012 9.21 101671102001 237138036 49.08 101740015700 126140041 96.45 101740201204 126328081 89.72 101740213104 126293091 16.25 101740502201 126329721 44.81 101807515001 361413072 232.98 101827502001 375002041 53.32 103200111001 366052021 15.03 103980101001 123001093 25.14 104490105003 361020021 158.44 104503523003 374049022 17.58 104503523003 374049021 5.43 104506010006 370235042 10.19 105210017001 122191013 13.15 105210022007 122276091 15.95 105210025004 122242002 14.45 105380105001 121318011 367.00 105670105004 130170093 28.94 105767602001 243411171 120.17 106272602003 120261591 157.28 106398202006 128079053 5.86 106585011002 120024082 32.60 106585014002 120027051 6.95 106760006001 121293003 68.08 106805002001 361012022 94.64 106805009001 361005013 474.79 107585202001 120222081 54.21 3 y r� PID NUMBER 107595005003 107595149001 107710004001 108425009001 108425202001 108435410003 108446011002 108446110001 108447602002 108460228003 ACCT NUMBER BALANCE DUE 125053014 125189084 240119003 109162034 115085041 109036072 243357052 243293021 369077071 111018052 29.23 41.46 11.95 29.30 86.14 22.27 5.40 15.94 7.89 78.74 8,355.76 40 Agenda Information haemo September 4, 1990, City Council Meeting FINAL ASSMT HEARING (CEDARVALE BLVD1 C. Project 546, Final Assessment Hearing (Cedarvale Boulevard - Street Improvements)- -On August 7, the final assessment roll was presented to the Council for the street improvements and overlay performed on Cedarvale Boulevard along with its transition into Nicols Road and its intersection with Silver Bell Road. The Council scheduled a final assessment hearing to be held on September 4 to formally present the final costs associated with this project to the affected property owners. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing. Upon reviewing the proposed assessment roll based on some of the property owner's concerns, it was discovered that the assessment roll contained some errors. Subsequently, the assessment roll has to be revised and new notices sent out. Therefore, it is recommended that the public hearing be continued until September 18 to allow the proper renotification process. ACTION TO BE CONSIDERED ON THIS ITE111: To continue the final assessment hearing for Project 546 (Cedarvale Boulevard - Street Improvements) to September 18, 1990. FINAL ASSMT HEARING (ARMSTRONG BUSINESS CENTER) D. Project 569, Final Assessment Hearing (Armstrong Business Center - Utilities) --On August 7, the final assessment roll was presented to the Council and a public hearing was scheduled for September 4, 1990, to consider the final assessable costs associated with the installation of utilities to service the Armstrong Business Center located between Apollo Road and Lone Oak Road east of Neil Armstrong Boulevard. Enclosed on page dl�s a summary tabulation of the final assessment rates as compared to the estimate contained in the feasibility presented at the public hearing held on June 20, 1989. As can be seen, the final assessment rates are significantly less than the original estimates. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. As of this date, staff has not received any comments or objections pertaining to these improvements. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and adopt the final assessment roll for Project 569 (Armstrong Business Center - Utilities) and authorize its certification to the County. FINAL ASSESSMENT BEARING PROJECT FUMBER: 569 SUBDIVISION/AREA AP*!STRONC BUSINESS CENTER neck a¢:lC7'S INSTALLED ARD/OR ASSESSED: P.R. — Feasibility Report SANITARY SEVER ❑ Trunk X❑ Laterals ❑ Service ❑ Lat. Benefit/ Trunk FINAL F. R. RATES RATES ASSESSMENT BEARING DATE :SFPTEMBER 4. 1990 PUBLIC BEARING DATE: JUNE 20, 1989 13.411.48 Lot 515.915/Lot FINAL F. R. STORM SEVER RATES RATES ❑ Trunk ® Laterals #41,743.47 Lot $46,045/L_o_t ❑ Lat. Benefit/ Trunk RATER SETS ❑ Trunk ❑ Gravel Base ❑Laterals $2Q*0A7_94/ ct $75x55011-ot ❑ Surfacing ❑ Service ❑ Res. Equiv. ❑ T.at, Benefit! ❑ Multi Equiv. Trunk ❑ C/I Equiv. ❑ WAS ❑ Trail SERVICES ❑ Water & San. Sewer CONTRACT a OF INTEREST P0. PARCELS TERMS BATE 89-15 88-03 2 10_Yrs. 8 COMMENTS: 4 STREET LIGHTS ❑ Installation [:]Energy Charge AMOUNT ASSESSED $175,820.00 F.R. $150,485.78 CITY FINANCED —0— F. R. —0- Agenda Information Memo September 4, 1990, City Council Meeting FINAL ASS11Tf HEARING CLIFF RD E. Project 510, Final Assessment Hearing (Cliff Road - Streets & Utilities) --On August 7, the final assessment roll for the above -referenced project was presented to the Council and a public hearing was scheduled for Septembie44to formally present the final costs associated with this project. Enclosed on page is a summary tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on January 5, 1988. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. While the original feasibility report proposed to assess the cost of the trailway construction to all adjacent property except single-family, the final assessment roll was prepared in accordance with the City's recent change in the trailway assessment policy which eliminates a trailway assessment for any residential zoned property. This has resulted in a reduction of the final assessment amounts to the majority of the properties. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 510 (Cliff Road - Streets & Utilities) and authorize its certification to Dakota County. FINAL ASSESSMENT SEARING .ROJECT NUMBER: 510 ;[TBDIVISION/AREA: CLIFF ROAD W. EMENTS INSTALLED AFD/OR ASSESSED: F.B. — Feasibility Report ;ANITARY SEWER ❑ Trunk [:]Laterals ❑ Service [:]Lat. Benefit/ Trunk FIRM. F.R. RATES RATES ASSESSMERT HEARING DATE: SEpTF--"F.R 4, 199n PUBLIC SEARING DATE: JANUARY 5, 1 98 FINAL F.R. STORM SETTER RATES RATES ❑ Trunk MF .157/sf .12/sf X❑ Laterals C/I .186/sf .15/ef ❑ Lat. Benefit/ Trunk WATER STREETS ❑ Trunk ❑ Gravel Base ❑ Laterals ❑ Surfacing 12.01/ff 12.01/ff ❑ Service X❑ Res. Equiv. 8 : 4' ? ❑ Lat. Benefit/ Q Multi Equiv. $ 90.02/ff 90.02/ff Trunk ® C/I Equiv. $111.70 ff $111.70/ff ❑ GAC © Trail $ 13.00/ff $ 13.00/ff SERVICES ❑ water & San. Sewer STREET LIGHTS ❑ Installation ❑ Energy Charge CONTRACT a OF INTEREST AMOUNT CITY N0. PARCELS TEAKS RATE ASSESSED FINANCED $ 181.282.00 F.R. $ 921.218.00 F.R. 32-14 104 10 Yrs. 8 i 191,432.20 320.581.98 COM4ENTS Agenda Information Memo September 4, 1990, City Council Meeting WOODLANDS NORTH ADDN F. Project 596, Woodlands North Addition (Streets & Utilities) --On August 7, a public hearing was held to consider the installation of streets and utilities to service the proposed Woodlands North Addition. At that time, the public hearing was continued until September 4 due to the developer's request to pursue a revision to the original approved preliminary plat which was scheduled to be heard by the Planning Commission on August 28. The feasibility report was then to be revised to be consistent with the revised preliminary plat. However, the staff did not receive the detailed information associated with this revision within an adequate time frame to allow the feasibility report to be revised prior to the deadline for formally notifying all affected property owners of this new public hearing. Subsequently, this public hearing should be continued until September 18. ACTION TO BE CONSIDERED ON THIS ITEM: Continue Project 596 (Woodlands North Addition - Streets & Utilities) to September 18, 1990. zl-r Agenda Information Memo September 4, 1990 City Council Meeting CONSIDER STORM WATER DRAINAGE IlVIPROVEMENTS/3918 GIBRALTAR TRAII, A. Consider Storm Water Drainage System Improvements for Property at 3918 Gibraltar Trail—The City has received a letter from John and Carla Screeden of 3918 Gibraltar Trail. They have requested that their concerns regarding storm water drainage system improvements for their property be brought before the City Council. Enclosed on pages through is a copy of their letter to the City making such request. Also enclosed on pages through 157L is a letter written to them from Assistant City Engineer Foertsch. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny storm water drainage system improvements for property at 3918 Gibraltar Trail. AUG % 0 John & Carla Screeden 3918 Gibraltar Trail Eagan, MN 55123 August 20, 1990 Mr. Thomas L. Hedges, City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: We are writing to you in regard to the flooding of our property which took place as a result of the rainstorm of July 28, 1990. Our property was inundated with water, for the second time in three years, as a result of this event. As a matter of background, we purchased our home in April of 1986. In July of 1987, our home was extensively damaged by flooding caused by storm sewer backup which resulted from heavy rainfall. We incurred substantial damage to the foundation, as well as interior damage on three of four levels. Both of our cars were totally destroyed while parked in our garage. Since none of the damage to the house or its contents was covered by insurance, we incurred thousands of dollars of expense in rebuilding and re -furnishing our home. Investigation of the cause of the 1987 flooding revealed that there were serious inadequacies in the storm sewer system in our neighborhood, both as respect to inadequate pipe capacity, and lack of overland drainage routes due to improper site planning and grading. Bonestroo, Rosene, Anderlik and Associates confirmed these inadequacies, and also determined that several homes, ours included, were set too low relative to the grading plan. Since the development was essentially complete, the only feasible option was the upgrade of additional storm sewer pipe, which was done in 1988, at the direction of the city. The rainstorm of July 28 of this year again overtaxed the drainage system to the point that rainwater was in excess of five feet deep in the street in front of our home. This precluded proper drainage of our lot, and once again our home was flooded. Witnesses have told us that, had this rain continued even another ten to fifteen minutes, we would more than likely have suffered damage of the same magnitude as occurred in 1987. We have provided a series of photographs to Mike Foertsch which illustrate that this recent flooding approached the same levels as the 1987 event. 47 The city, as well as Bonestroo, et. al., have re-examined the drainage problem, and have provided you a report. That document essentially says that all feasible steps have been taken to improve storm runoff, yet ours, and several other homes are still susceptible to flooding, due to improper elevation and site grading, which cannot be rectified. In addition, Bonestroo, et. al. and Mike Foertsch have both told us that the city and/or developer instructed Bonestroo not to "gold plate" the fix. This tells us that trade-offs in safety were allowed in the name of holding down cost. Now, we are suffering, and paying dearly for these compromises. Mr. Hedges, while our home has been described as being adjacent to the "low area" of Gibraltar Trail, it is by no means the lowest in the subdivision. There is no way we could have foreseen flooding to the extent we have suffered when we purchased this property. The reports we have in our possession clearly indicate the flooding is a result of serious design deficiencies in the drainage system in this area. Our family has suffered not only the loss of irreplaceable personal property (such as our wedding photos and other heirlooms) as well as extreme humiliation and embarrassment in living in "the house that floods," but also significant financial loss in that this property is virtually worthless in the event we would want to, or need to (due to a job transfer) attempt to sell it. We find this totally unacceptable and intolerable. We believe that we are entitled to compensation for this loss. Several city officials have recently stated their position on the flooding situation in Stafford Place. Tim Pawlenty said, "I think we as a city have to do what it takes to fix the situation." Mayor Tom Egan said, "I don't think any neighborhood deserves to come home and see a 10 foot ravine in their back yard." I would submit that the problem we have here is much more serious than a 10 foot ravine! We would also remind you and the Council that while the rainfall has indeed been unusually heavy, it has fallen on many parts of the city with equal intensity, yet our home is one of two that we know of that have been inundated with water. In addition, rainfall of this magnitude, while they may be statistically "improbable" in the opinion of engineers, are becoming increasingly common in southern Minnesota. Our home is not being protected from flooding to the same degree as are others in this city. The city has taken the position in the Stafford Place situation that it will make the necessary improvements, and then seek reimbursement from developers or others who may have been negligent. We ask for the same consideration. We belive that since this drainage problem on Gibraltar Trail cannot be satisfactorily corrected, the city of Eagan should agree to a purchase of our property at a price reflecting the value had no flooding occurred, and then seek to recover from the developer (and others) whom we believe are negligent. (We are aware that litigation against the developer is pending for costs associated with the 1988 sewer pipe improvements). Since our home and personal property continue to be seriously imperiled, we'd like this matter resolved promptly. We ask that you refer this issue immediately to the Council for resolution, and that you contact us at your earliest convenience. Thank you. Sincerely, John W. Screeden (456-9474/221-7111) Carla J. Screeden (456-9474) cc: Mayor Tom Egan cc: Council Members cc: Mark Olson, Attorney I r 3830 PICOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 55122-1847 mayor PHONE (t1,2)45/-8-100 DAVID K. GUSTAF5C)N FAX. (612) 454.8313 PAMELA A0tC TIM PAWLENTY THEODORE WACHTER August 17, 1990 CO1""° Members THCWAS HEDGES Crty Admi-irvator EUGENE VAN OVERBEKE Crty Uerk MR & MRS JOHN W SCREEDEN 3918 GIBRALTAR TRAIL EAGAN MN 55123 Re: July 28, 1990 Storm Request For Analysis of City Storm Sewer System Lot 31 Block 7, Lexington Square Addition Dear Mr. & Mrs. Screedan: The City has completed its analysis/review of the storm sewer system which serves the low point of the 3900 block of Gibraltar Trail. The first thing that was verified with respect to your reported flooding problems was that City Maintenance personnel performed an inspection of the storm sewer system and found it free of debris and blockages. The rainfall amount and intensity used to evaluate the storm event was based on the best available information from the residents in Lexington Square and nearby neighborhoods. Residents of the area reported 4"-5" of rainfall within a period of 1-1h hours. A rainfall event of 4"-5" in 1-1k hours as reported is highly improbable and greatly exceeds the intensity of the storm used in storm sewer system design. The system is designed to function properly when a rainfall event reaches a maximum peak intensity of 3" per hour or less, with a total rainfall not to exceed 6" in a 24-hour period. This rainfall intensity design standard provides an "acceptable" factor of safety throughout the Twin Cities metropolitan area. Attached for your information I have included the report on the storm water system analysis prepared by the City's consulting engineering firm of Bonestroo, Rosene, Anderlik & Associates, Inc. THE LONE OAK TREE.. .THE SYMB kL J)FIfP I AND GROWTH IN OUR COMMUNITY Equal Opportunity/Affirmative Action Employer Page 2 You have reported water levels such that approximately 2" of storm water covered your garage floor and that storm water entered the lower levels of your home. You also asked what liability the City has in this type of situation. The liability question is one which is beyond the scope of the engineering details involved in the analysis of the storm water system. By copy of this correspondence I am forwarding your concerns on to the City Administrator's office, the City Council, and the City Attorney's office. If you have any questions or need additional assistance, please feel free to contact me. S ncerely, Miphael P. Foertsch(—;;;' (� Assistant City Engineer MPF/jj Enclosure cc: Mayor & City Councilmembers Thomas L. Hedges, City Administrator Thomas A. Colbert, Director of Public Works Jim Sheldon, City Attorney Jerry Bourdon, BRAA 51 Agenda Information Memo September 4, 1990 City Council Meeting CITY CODE CHAPTER 10, SECTION 10.51 B. Amendment, City Code Chapter 10, Section 10.51, Residential Off -Street Parking— This item was first considered at the July 17, 1990 City Council meeting and was continued until the Community Development Department could study the ordinance to see how it would apply to the zoning ordinance. The intent of this amendment would be to define specific areas within which motor vehicles, motorized vehicles, boats or trailers could be parked within residential districts and requiring proper screening if such storage is outside of a building. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the amendment to City Code Section 10.51 as presented. SPECIAL NOTE: Staff will request that this item be continued to the September 17 City Council meeting in order to allow for further review of this ordinance. Agenda Information Memo September 4, 1990 City Council Meeting b o t 10- • Y GENERAL OBLIGATION BOND SALE RESOLUTIONS A. Resolutions to Issue and Sell $9,300,000 General Obligation Revenue Water System Bonds, Series 1990A; $5,250,000 General Obligation Improvement Bonds, Series 1990B; $250,000 General Obligation Equipment Certificates of Indebtedness, Series 1990C; and $1,220,000 General Obligation Refunding Improvement Bonds, Series 1990D—The Director of Finance and City Administrator are recommending the sale of $9,300,000 of general obligation - revenue water system bonds; $5,250,000 general obligation improvement bonds; $250,000 general obligation equipment certificates of indebtedness and $1,220,000 general obligation refunding improvement bonds. Copies of the four resolutions giving background information on each of these recommended bond sales are included in the City Council's packet without page number. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny resolutions to issue and sell: $9,300,000 general obligation - revenue water system bonds, series 1990A; $5,250,000 general obligation improvement bonds, series 1990B; $250,000 general obligation equipment certificates of indebtedness,series 1990C and $1,220,000 general obligation refunding improvement bonds, series 1990D. 55 Agenda Information Memo September 4, 1990 City Council Meeting ENVIRONMENTAL CITIES COAL MON B. Environmental Cities Coalition—The city of St. Paul has organized an environmental cities group to impose an immediate impact on environmental concerns cities share throughout the state of Minnesota. The city of St. Paul believes the inner city cooperation may act to stimulate state environmental legislation dealing with a host of topics that are now being addressed by a representation of cities state wide. Mayor Egan was asked to participate as a member of the environmental cities coalition and has attended the first two or three meetings held this summer. This item is scheduled as an action item to allow Mayor Egan to provide additional update on the purpose of the environmental cities group and, more importantly, his involvement to ;Pte and, further, consideration of a sample resolution which is enclosed on page for your review. The city of St. Paul is considering ordinances that range from 1) solid waste and adding provisions regarding the use of incinerators, 2) controlling the level of phosphate content in detergents sold in the city of St. Paul, 3) an ordinance concerning the use of single use disposable diapers by citizens, hospitals and daycare centers, and, 4) lawn fertilizer application control. These represent but a few of the type of ordinances the Environmental Cities Coalition will consider during the next few months. The Environmental Cities Coalition is a clearing house to review ordinances throughout the state and attempt to provide some uniform regulation that cities can then consider for adoption. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution that authorizes the City of Eagan to join an environmental cities group. JUL -�b "JU Uy; 4t> S 1 LVLND LLjHN LHw Ur r 1�,L 43a 3� f f SAMPLE RESOLUTION A RESOLUTION AUTHORIZING SAINT PAUL TO aoIN AN ENVIRONMENTAL CITIES GROUP WHEREAS, the City of Saint Paul in protecting the environment of within the City; and I . J' LV recognizes its leadership role those people living and working WHEREAS, the City has become frustrated with the length of time it takes the federal and state governments to act on many pressing environmental concerns; and WHEREAS, the City recognizes thalt fere is a need for governmental bodies to act quickly on many of the environmental problems facing them; and ' WHEREAS, the city recognizes that local environmental initiatives often have a more immediate impact on the environment than those initiatives passed at higher levels of government; and WHEREAS, the City understands other governmental bodies, and across the state; and that there is a need by business, the public for uniform regulations WHEREAS, the City believes that one way to obtain this type of uniform regulation is to work closely with other cities in such a way as to coordinate the environmental legislation passed in these cities; and WHEREAS, the City also believes that this type of inter -'city cooperation may act to stimulate state environmental legislation dealing with the topics addressed by the cities and in a form acceptable to the cities; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Saint Paul authorizes the City to join an environmental cities group, to participate in its decision making processes, and to share information with other group members; and BE IT FINALLY RESOLVED, that the city Council understands that, although the decisions of the group are not binding to the City, the City has a commitment to participate actively in the activities of the group to the fullest extent possible. Agenda Information Memo September 4, 1990 City Council Meeting SPECIAL HUNTING PERMITS IOLST AND HIlVIMELWRIGHT C. Special Hunting Permits: 1) Chris Holst/1667 Mallard Drive and 2) Jason Himmelwright/8103 Ensign Curve, Bloomington—Applications have been received from Chris Holst and Jason Himmelwright requesting a special permit for deer hunting with bow and arrow from September 15 through December 31 for property owned by Mr. and Mrs Larry Wenzel which is more than 20 acres zoned agricultural located at 1505 County Road 30. The property involved is north of County Road 30 (Diffley ' Road) and east of I -35E. Enclosed on pages J;_7 through are a copy of a letter sent by Mr. Holst,'a copy of the written permission from Mrs. Wenzel, and a copy of a letter sent by Mr. Himmelwright. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a request by Chris Holst and Jason Himmelwright for a special hunting permit for property owned by Mr. and Mrs. Larry Wenzel for bow hunting of deer from September 15 through December 31, 1990. 54 0 0 L5 KA- �C3 % nsR Cj rve Ate.. 615x� �, ��, cc on r��-. C�1�`�� �C..o..�` 4-a��• ��.rm ase f C5Z � S �-- 5 6G�3�Egyanl Agenda Information Memo September 4, 1990 City Council Meeting CLARIFICATION OF PLAT CONDITIONSIJIM KOESTERING D. Clarification of Plat Conditions/Jim Koestering/Lot 1, Block 2, Blackhawk Glen 3rd- -The City of Eagan has received a request from Mr. Robert J. Ferderer who is having a house built by Custom Energy Homes, Jim Koestering, President, at 1535 Blackhawk Lake Drive in Eagan. They are requesting that the City clarify the necessity for condition number three in the original plat approval for Blackhawk Glen 3rd Addition, that condition being the prohibiting of a driveway access to Blackhawk Hills Road. They are requesting that the driveway for the proposed house which is being constructed be constructed to enter from Blackhawk Hills Road for a numb r of reasons which are listed in the letter from Mr. Ferderer which is enclosed on page . Also enclosed on page �� is a copy of a letter from Rick Packer of Sienna Corporation formally stating that Sienna has no objection to the removal of condition number three for this lot. Also enclosed on page is a copy of a memo from Project Planner Ridley concerning this item. A copy of the original Coun it minutes givin ,approval to Blackhawk Glen 3rd Addition is enclosed on pagesthrough Lastly, a certificate of survey for the concerned lot is enclosed on page for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To provide a clarification regarding condition number 3 of the original Blackhawk Glen 3rd Addition preliminary plat approval, that condition being the prohibiting of driveway access to Blackhawk Hills Road and to approve or deny the construction of a driveway entering from Blackhawk Hills Road for Robert J. Ferderer (future resident) and Jim Koestering, president of Custom Energy Homes. August 28, 1990 Mr. Mike Ridley City of Eagan Zoning Administration 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Ridley: My wife and I are having a house built by Custom Energy Homes, Jim Koestering, President, at 1635 Black Hawk Lake Drive, Eagan. 1635 Black Hawk Lake Drive is a corner lot that abuts Black Hawk Hills Road. We desire to build a side load garage, entering on Black Hawk Hills Road, rather than a front load garage entering on Black Hawk Lake Drive. We hope that you will give approval of our plan and allow us to initiate construction as soon as possible following your review and next meeting. The reasons we feel strongly about a side load garage entering from Black Hawk Hills Road are: 1. Using a side entrance will allow us to leave the berm, many trees, shrubs and large rocks in place, retaining the beauty that is there now, and not destroying the look that is homogeneous with the rest of the area. Causing alteration is a hardship and destroys our ability to enhance the property. 2. I believe that there are approximately 20 some garage entrances up and down Black Hawk Hills Road whose driveways enter Black Hawk Hills Road, just as we are asking to do. 3. The house on the corner, directly accross from us, enters in this manner, with no problem. We are the only home on the south side. 4. Lastly, neither the City Planning Board or the developer, Sienna Corporation, knows why this situation has come up in the first place, and neither knows why this shouldn't be resolved easily and quickly. We appreciate your assistance and cooperation. If I can answer any questions, please call me at 771-5870, 733-8640. Sin y, 'kZ4 obert J. erderer 440 E. Hoyt St. Paul, MN 55101 r: Mut C7 -'VU 1ZI•,= ZILICIH wrr. C0kP0PAIION August 28, 1990 Mr. Mike Ridley Planning Department City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 r.ele Suite 608.4940 Viking Drive - Minneapolis, Minnesota 55435.612-635-281 Re: Driveway Access to Blackhawk Hills Road Blackhawk Glen 3rd Addition Dear Mr. Ridley, It is my understanding that Mr. Robert Ferderer is requesting that the City remove one of the conditions of approval placed on Sienna Corporation for Blackhawk Glen 3rd Addition, that condition being the prohibiting of driveway access to Blackhawk Hills Road. This letter is to formally state that Sienna has no objection to the removal of that condition of approval. Furthermore, it is our understanding that removal of that condition does not in any way affect Sienna's ability or authority, as the Architectural Control Committee for Blackhawk Glen 3rd Addition, to deny such access should we feel that the access disrupts or destroys an excessive amount of landscaping planted along Blackhawk Hills Road. Please do not hesitate to contact me should you have any further questions. Sin erel , Rick Packer Project Manager Planners ■ Developers s Controctors M E M O R A N D U M TO: TOM HEDGES, CITY ADMINISTRATOR FROM: MIKE RIDLEY, PROJECT PLANNER tvf-- DATE: AUGUST 28, 1990 RE: LOT 1, BLOCK 2, BLACKHAWK GLEN 3RD ADDITION Per our brief discussion this morning, this memorandum will attempt to give you some background about this access situation. The lot in question is located at the southeast corner of Blackhawk Hills Road and Blackhawk Lake Drive. The potential buyer came into City Hall two weeks ago and asked if access to Blackhawk Hills Road would be allowed. Based on setbacks and distance from the corner, I said I didn't see any problem. Last week Craig Knutson pointed out to me that Condition #3 of the Preliminary Plat approval denied access to this street. However, armed with my misinformation, the buyer entered into a purchase agreement. I reviewed the file and minutes with Dale Runkle and Tom Colbert and we cannot determine the rationale for this condition. Based on this review, the Planning and Engineering Departments have no problem allowing access to Blackhawk Hills Road. I was told to expect letters of support from the homebuyer and the developer. MR/js (P3 Council Minutes October 20, 1987 80RCHERT-I iG£ Sb I .-::- ::PARCEL 011-75 Ernie Peacock, a real estate sale-:::: person, . had been in touch with the City regarding the:: need for ac.guisition of right-of-way for parcel 011-75 owned by ':: brchert-In:g:ezrsoll. Mr. Peacock had contacted Tom Colbert- and requesteQd;.;..2 :::::}ndefinite extension in order to further explore the issue s::?tet moved, Egan seconded the motion to continue the request for right-of-way acquisition indefinitely. All members voted affirmatively. MICHAEL KALZENB£kG??T�::::AC ES:S:[R:Y HOUSING PERMIT 17'7 `' D'EEROOD.-' D...:I VE A request was received from:...Mr. &:.Mrs. Michael Kalzenberg who live at 1725 Deerwood Drive,.:::a,n:':accessory housing permit to allow additional persons ta:::I:i;i:ifi:;;re:::'single family residential home. Staff had determined:::thd't tai -:::B=equest complied with the City requirements and forwarded a letter of intent to approve the permit, to neighboring property owners for comment. Many of the neighboring owners signed a Petition objecting to the permit and several appeared at the council meeting, including John Yetzer of 1726 Sartell, objecting, based ;:upon the potential lowering of property values. He also indicate.;d::.`-ttbat certain people within 150 feet did not receive copies of the lett-e±:a:f;:;:;intent. Councilman Smith stated that the .pur.pose of the ordinance was to determine whether the proposal:;::::.m;epeti:::t:3ie:' ordinance requirements and also if there is complianc.l�..,.;::ifteri:::'n'eighbors would have the right to object. Blomquist noted th:a:t::*'-t ie intent is not to allow a duplex use in single family zoned ='area if there are objecting neighbors. Those who appeared in opposition were Bob Kasper of 1717 Deerwood Drive, LeRoy Grant, 1724 Deerwood Drive, Dave Nakola of 1721 Deerwood Drive and Mary .Ellgzi..J.a.�orski of 1733 Deerwood Drive. After reviewing the Petit iQ:::::a::::::::1:1:soi::ig Mr. Kalzenberg to make a presentation, Egan moved, . Ellisodry -seconded the motion to deny the application, based upon 'the strong::::: oppc`:stion of the neighboring property owners and further, with::the dir.ection that the person -s who are renting a portion of the r:es1denie:Lh, vacate the property by December 1, 1987. All members voted ye-:::::;: BLACKHAWK GLEN 3RD ADDITION - PRELIMINARY PLAT The next application to come to tft6: Council was an application of Sienna Corporation for preliminary:: ::}plat approval for Blackhawk Glen 3rd Addition cons isting::;.:a ;:.33.;.;Iats.;•.on 25.8 acres. The Advisory Planning Commission at its'ti��t':i:ri.�::::tifi::.:S-eOtember 22, 1987 recommended approval, subject to certain**"** orid'itioii's':"' Jim Sturm described the application for the Council and noted::t-fiat there were no variances council Minutes .October 20, 1987 requested. The shared culcess of 500 feet received a variance with the earlier:''''proposal;'; :2nd he noted that all lots exceed R-1 standards with a::fiinimum lot=area of 17,000 square feet and an average 26,492 squar:e.:;:;:feet. The:.;..average width at the setback line is 127 feet. A haiuegwners .grs'ociation will be created. Councilman Wachter was co.;:;:ziat the pond in the back yards and was told that there is a=:.....:. outlet swale, together with the storm sewer piping. There were no objections. Wachter moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. All standard platting''a anc' =rsnt:::::shall be adhered to. 2. A copy of the Homeown;e.rs Assggiation governing documents shall be submitted to the City A:€:o.rney::for review and approval. 3. There shall be no d*i<-ve'way into Blackhawk Hills Road. 4. 'Lots 1, 2, 3, and 4, Block 1, shall have their driveways connect to the internal street, not Blackhawk Point. 5. The development shall be responsible for completing the water main loop from the eatr;l.y adjacent cul-de-sac street to the . existing water main in Blackii"aw :::8'5:1:1.2.. Road. 6. This development shall :;:be resp oms.4ble - for providing adequate easements for the storm sewer o:u.tt::::::i'''Blackhawk Lake. 7. This development :a-!-I:*:`"also be responsible for constructing the required outlet into B1'ackhawk Lake. 8. Houses having elevations below 860 feet will be required to have individual water -pressure reducing valves. 9. The developer 0,-:6 :.::::to obtain a DNR permit for the pond storm system. 10. The developer shall cpnvey ::::::Qutlot B to the City for parkland dedication-, with the remki-ping :'.c3:�dication requirement to be made up in cash. ..., 11. The developer shall provide a conservation easement over the lots along the abutting Blackhawk Park, as determined adequate by staff. 12. The developer shall provide':*%ai temporary trail easement within the southwest porti n:; m ;:tie:•:• ar;ee1, to provide for adequate area for trail construction:r:::: 9:.dJ e.tt6il;: ed by City staff. This temporary easement shall .cover" a' period of five years, and be replaced by a permanent easement once tl.;**:::trail is constructed. - % / V P7 \l � G`� l• ` Jy � P� - `V -6` ol —7 „ l ,{ sL-o--,- EI., 838 (a OL BA',cMEnT Gl, $31.1 V111, 01 . . Q a Q 1 .5-23, qo r I: yLt,�c too I 0 W Aar' 86aZ�u.S .AS S v QED c uG�TES keo,.., rnv.su Nis•► D ee i W ° 1 4 Ae.aa.¢ � � ' S 0 3 �v a S�4D • � RoPogED • ,Q(>� i3.t,7 6.o ti2, UJ ' ` 2.5 838. I ouSE LOT I I �ESGR_ih�Tl o +-1 �,o u �LOc.1c, z, �, C Q, �+�A.�. 6l.Ac.K-fil+WY_ Lr 3oLLI'`: },08--5�°43 �sY�E R` -c Y ►n .DIZ . J&35' I �ereby-certify that this survey was prepared by me or — der my direct supervision and that I am a duly Registered Land Surveyor under the laws of the StateofMinnesota. Date71-i� - —' LeRoy H./Bohlen Registered Land Surveyor No. 10795 •t0 Agenda Information Memo September 4, 1990 City Council Meeting SPECIAL USE PERM=PUS CORPORATION BUSINESS IDENTIFICATION SIGN E. Special Use Permit, Opus Corporation, to Allow a 3' x 10.6' Business Identification Sign at the Armstrong Business Center Phase I, Locat on Lots 2-27, Block 3, Eagandale Center Industrial Park No. 3—Enclosed on pages through for your review you will find the Community Development Department staff report concerning the application of Opus Corporation to allow the placement of a 3' x 10.6' business identification monument sign for a tenant of the Armstrong Business Center, Eagandale Center Industrial Park 3rd. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the special use permit for opus corporation for the placement of a 3' x 10.6' business identification monument sign for a tenant of the Armstrong Business Center, Eagandale Center Industrial Park 3rd. Lil SUBJECT: SPECIAL PERMIT APPLICANT: OPUS CORPORATION LOCATION: ARMSTRONG BUSINESS CENTER (PHASE I) SOUTH OF LONE OAK ROAD AND EAST OF NEIL ARMSTRONG BOULEVARD EXISTING ZONING: LI (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: SEPTEMBER 4, 1990 DATE OF REPORT: AUGUST 24, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Special Permit to allow the placement of a 3' x 10'6" business identification monument sign for a tenant of the Armstrong Business Center, Eagandale Center Industrial Park 3rd. COMMENTS: Opus Corporation has come to a lease agreement with Massey -Ferguson to occupy 40,000 sq. ft. of the existing 150,000 sq. ft. building. As a major tenant, Massey - Ferguson needs more exposure along Lone Oak Road due to the size and length of the building. The proposed monument sign will enhance tenant location and maintain the buildings master sign plan consistency by allowing Massey -Ferguson to display their corporate red color while not disrupting the green signage band on the building. The proposed sign location exceeds all City setback requirements. The applicant states that this sign exception for this building along Lone Oak Road will apply and be reserved only for the term of the Massey -Ferguson lease. If approved, this Special Permit shall be subject to: I. Monument sign shall only be allowed while Massey -Ferguson is a tenant in the Phase I Armstrong Business Center. 2. All other signage shall comply with the approved master sign plan. 3. Sign shall be subject to the one time sign fee of $2.50 per sq. ft. 4. All other applicable City Codes. to loo CeAT o 0 IC) ,:UME 90 BER a z J.dM3� •big - I ( Agenda Information Memo September 4, 1990 City Council Meeting F. Variance, Daryl Werneke, of 4' from the 10' Side Yard Setback Requirement, Located at 3640 Windtree Drive in the Southwest Quarter of Section 13—Enclosed on pages through please find a Community Development Department staff report concerning the application of Daryl Werneke for a 4' variance from the required 10' side yard setback at the above referenced address. Review of this request revealed an existing setback violation that will require an additional variance of two feet from the required garage setback of 5' on the opposite side of the lot. ACTION TO BE CONSIDERED ON THIS T17EM: To approve or deny a 4' variance form the required 10' side yard setback and to approve or deny a 2' variance for an existing setback violation at 3640 Windtree Drive. Ia SUBJECT: VARIANCE APPLICANT: DARYL WERNEKE LOCATION: 3640 WINDTREE DRIVE EXISTING ZONING: R-1 (SINGLE FAMILY RESIDENTIAL) DATE OF PUBLIC HEARING: SEPTEMBER 4, 1990 -DATE OF REPORT: AUGUST 17, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance of 4' from the required 10' side yard setback. Review of this request revealed an existing setback violation that will require an additional Variance of 2' from the required garage setback of 5' on the opposite side of the lot. BACKGROUND: The applicant added a third garage stall in March of 1989. Based on the original site survey, this stall was set back 13' from the applicant's south property line. However, the applicant had a new survey prepared in consideration for his proposed three -season porch and this survey shows the house hadn't been placed where the original survey displayed, but shifted approximately 10' to the east. Because of this, the garage now encroaches 2' into the setback area, as well as the drainage and utility easement. COMMENTS: The applicant would like to build a 14' x 15' three -season porch off the northwestern portion of his house. The house currently exceeds the required setback on this side by 10'; however the proposed addition will encroach 4' into the setback area. The applicant also needs a 2' Variance granted to accommodate an existing setback violation on the garage side of his lot. Because the garage encroaches into the easement, the applicant must petition the City for an easement vacation. The applicant performed some excavation and had a retaining wall built prior to locating his lot lines. To accommodate the proposed porch, the City must grant two Variances to the applicant's lot. It appears the lot is just not big enough to entertain this proposal. The applicant could avoid the proposed Variance by relocating the placement of the porch or by scaling down the size of the porch to 10' x 15'. If approved, these Variances shall be subject to: 1. Easement along the southeast side property line shall be vacated prior to any building permits being issued. 2. All other applicable City Codes. 73 ff VI «n5t = I nnnn Ir `IJE .... r IVA sr slarEl M11 e r.SL -Al rt5�ni1 � � f -fill G, n pot / `4 It �i 1 ,`, �. •ttKEll IID IR s ;\ W.NIN NINC VA. R, F MIRY PI .(OROS CERTIFICATE X4 —114.00 N46-2,1'4,2" W — o qN•3 ORa'GE a umi ry 1 1 ` EASEWNT PER PLAT y I y 1 I 1 Wlu LOT 6 =i o NI N N In Z w p pp i 31.20 10 16-00 `900,` b 9k14 /40, 1 �i� 7I o - 4A/0 y�i3 91i a K f% In 400 p�EDC / . m �gpR a�HOUs� ti e /33,, �, y �o , . Z 00 nl Uj tri co .0" i ti at i g 80.18 a 90s• v �p3d =20'25'13• �.., �`. t` R=224.98 T,c, sbJ�Tc a o h cS.S MANHOLE 1N�NpTREE IN ERTMELEVaSS3.60 R ELEV- 904.49 �/VE su$M1;1=F.rnROz�dDcT REVISED 10-24-04 (HOUSE LOCATION PER MARK J"NSON) SHEET 2 OF 2 SHEETS 84940 FILE NO. FOLDER �o3I1�10 JAMES R. HILL, INC. Plann rs / Engineers / Surveyors 200 Humboldt Awanu6 South ominglon. Mm 55431 612-884-9029 O DESGRtpTtor.J W i N DT i`EE 3 RA ADDt-rior-I � D�.ILoTA Iltd. oo W.4 Z` 4VI N SA M S�eLt_E I It _3o x rs . T L X10. ll=Zo'L•; 0 0 I hereby certify that this survey 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. Date: J 3_T ¢£e Z/ n LeRoy H4 Bohlen Registered Land Surveyor No. 10?95 IVl �%J W 1--sf I 0,)t�O SNRVEI' Agenda Information Memo September 4, 1990 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENTICTTY OF EAGAN/AREA D G. Comprehensive Guide Plan Amendment, City of Fagan, Area D, Multi -family Residential Land Study, to Change the Land Use Designation of Approximately 9 Acres from D -III Mixed Residential (6-12 Units Per Acre) to D -I Single Family Residential 0- 3 Units Per Acre) and a Rezoning of Approximately 9 Acres from R-3 Townhouse Residential to R-1 Single Family ResidentiaL Property Located West of I -35E and South of Lemay Lake in the NW and SW 1/4s of Sec 10—At its regular meeting of June 26, 1990, the Advisory Planning Commission held public hearings to consider areas defined in the multi -family residential land study. Among these areas was area D consisting of nine acres located west of I -35E and south of Lemay Lake in the northwest and southwest quarters of section 10. For additional information concerning area D, please refer to the Community Development Department report which is nclosed on jaes through Pofor your review. Also enclosed on pages through is a copy of the Planning Commission minutes related to this item. The commission is ry g recommending approval of the comprehensive guide plan amendment and rezoning as presented. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the comprehensive guide plan amendment of a rezoning of multi -family residential land study D as presented. 11 SUBJECT: CONTREHENSIVE GUIDE PLAN Al1SENDN1EN`T & REZONING - MULTI-FANIILY RESIDENTIAL LAND STUDY AREA D APPLICANT: CITY OF EAGAN LOCATION: REST SIDE OF 1.35E SOUTH OF LEASAY LAKE NW AND SW 1145 SECTION 10 EXISTING ZONING: R-3 TOVN'NHOUSE RESIDENTIAL DATE OF PUBLIC HEARING: JUNE 26, 1990 DATE OF REPORT: JUNE 19, 1990 COMPILED BY: CONDfUNITY DEVELOPAZENT DEPARTMENT & CITY ATTORNEY'S OFFICE BACKGROUND: Over the past year, the Community Development Department has been studNing multi -family residential land use in Eagan. Multi -family residential development was designated by the City Council as a topic for review for two primary reasons: one, the large amount of undeveloped multi -family zoned/designated land currently available in Eagan, and two, Eagan's higher -than -average percentage of existing multi -family units. Three reports have been prepared as part of this comprehensive review of multi -family residential land. These reports, entitled "Multi -Family Residential Land Study Draft Report" (July 1989), "Update Report" (December 1989), and "Comment Report" (March 1990), are supplementary to this Advisory Planning Commission staff report and should be used for complete information regarding study background and methodology. Each of the three "Multi -Family Residential Land Study" reports were presented to the City Council for review and discussion. Based on the study reports, comments from affected property owners, and Council discussion, the City Council recommended Comprehensive Guide Plan amendments and/or rezonings for 16 of the 23 study areas. Staff was directed to schedule public hearings for those study areas recommended for plan amendments and/or rezonings. STUDY AREA D: Study Area D consists of one parcel, P.I.D. 10-01000-010.57, which is divided by I -35E. This application involves only that portion of the parcel that is west of I -35E, which is approximately 9 acres in size. This study area is currently designated for D411 Mixed Residential (6 to 12 units per acre) in the Comprehensive Land Use Guide Plan and zoned R-3 Townhouse Residential. Agenda Information Memo September 4, 1990 City Council Meeting I0100" 1 ••11 0 :••t H. Interim Ordinance, Signs/Bdlboards—At the August 7, 1990 City Council meeting, Councilmember Pawlenty made a motion for the implementation of a moratorium on permitting anymore billboards to be placed within the City until such time as the City has conducted appropriate studies. The studies are to include looking at prohibiting future billboards and/or removal of existing billboards. The understanding of the City Attorney is that this motion was carried and to date, much has been made of the placement of the moratorium. The City Attorney's office reports that, under Minnesota statutes, the City can adopt such a moratorium by placing of an interim ordinance into effect which ordinance needs to comply with statutory authority. Enclosed on pages Q..4and please find a draft of such an ordinance which has been prepared by the office o the City Attorney. The adoption of the interim ordinance is the appropriate means of placing the moratorium into effect. The City Attorney takes the position that the moratorium has in fact been in place since the early part of August (defacto if not in reality), and the Council approval of the interim ordinance will satisfy the procedural requirements set forth in the statute. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an interim ordinance which will place a moratorium on permitting anymore billboards to be placed within the City until such time as the City has conducted appropriate studies, as approved by the City Council at its August 7, 1990 regular meeting. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING CHAPTER 4 OF THE CITY CODE RELATED TO ADVERTISING SIGNS AND DECLARING A MORATORIUM ON CERTAIN DEVELOPMENT WITHIN THE CITY. The City Council of Eagan ordains: Section 1. That Chapter 4 of the City Code shall be amended by adding Section 4.21 to read as follows: Section 4.21. A. The purpose of this ordinance is to protect the health, safety, and welfare of the citizens. B. The Council has been concerned about the proper use of advertising signs and the ultimate development of the City, and in particular the land located adjacent to major thoroughfares. C. The City is presently conducting studies with the assistance of its planning consultants for the purpose of amendment or adoption of official controls relating to advertising signs and attendant conditions appropriate for conditional use permits. D. Minnesota Statutes, 5462.355, Subd. 4, authorizes the City to adopt interim zoning ordinances applicable to all or a part of the City for the purpose of protecting the health, safety, and welfare of its citizens, which ordinances may regulate, restrict or prohibit any use or development within the City for a maximum period not to exceed two and one-half years. E. It is hereby found and determined that it is in the best interest of the sound, aesthetic and efficient development of the City, as a whole, that the authority granted by the above Minnesota Statute be used by the City with reference to the City as a whole. F. The City hereby prohibits the processing, approval or issuance of any conditional use permit or building permit or other permit in connection with the placement, erection and maintenance of advertising signs, as defined by section 3.20 of the City Code, until September 1, 1991 or such sooner time as the City may determine. The City reserves the right to extend this interim ordinance for such additional periods as may be appropriate, not to exceed a total additional period of eighteen months. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 4.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. Passed this day of September, 1990. CITY OF EAGAN Thomas A. Egan, Mayor ATTEST: E. J. VanOverbeke, City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: q.3 Agenda Information Memo September 4, 1990 City Council Meeting REZONINGIARCON CONSTRUCTIONIBERRY RIDGE ADDITION I. Rezoning, Arcon Construction, of Lot 5, Block 1, Berry Ridge Addition from R-2 (Duplex) to R-1 (Single Family) Located Along the South Side of Berry Ridge Road in the SW 1/4 of Section 22 At its regular meeting of Tuesday, August 28, 1990, the Advisory Planning Commission held a public hearing to consider an application for a rezoning of Lot 5, Block 1, Berry Ridge Addition from R-2 (duplex) to R-1 (single family). For additional information on this item, please refer t the Commu 'ty Development Department staff report which is enclosed on pages � through for your review. Also enclosed on page - is a copy of the Advisory Planning ommission minutes relative to this item. The C is unanimously recommending approval of the application as presented. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning for Arcon Construction for Lot 5, Block 1, Berry Ridge Addition from R-2 (duplex) to R-1 (single family). q / SUBJECT: REZONING APPLICANT: ARCON CONSTRUCTION LOCATION: LOT 5, BLOCK 1, BERRY RIDGE ADDITION EXISTING ZONING: R-2 (DUPLEX) DATE OF PUBLIC HEARING: AUGUST 28, 1990 DATE OF REPORT: AUGUST 7, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Arcon Construction Co. Inc. requesting a Rezoning of Lot 5, Block 1, Berry Ridge Addition from R-2 (Duplex) to R-1 (Single Family). LOCATION: Berry Ridge Addition is located north of Diffley Road in the SE corner of Berry Ridge Road and Hilltop Lane. Hilltop of Eagan condominiums are located directly to the south; Hilltop Plaza is located SW of the site and Beautiful Savior First Addition is located to the west across Hilltop Lane. BACKGROUND: In December of 1987, the Berry Ridge Addition was approved. The plan was a replat of the northern undeveloped portion of the Hilltop of Eagan plat. Berry Ridge Addition was platted as three single family R-1 lots and one duplex lot. The intent of the replat was to compliment the other single family homes nearby with single family homes instead of the original plan (Hilltop of Eagan) of two buildings with a total of 28 units. Once again, the original developer is requesting a down zoning to zone the existing one duplex lot to single family. If approved, this Rezoning shall be subject to all applicable City Code requirements. 5 o I � �' . "[W CTS l� NI R!S'IPy ql LH 1990 Street Map A. 1987 Zoning Map FINANCIAL OBLIGATION - 10-13800-p50-01 22-RZ-17-7-90 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 connections proposed to be made to the City's utility system based on the submitted plans. Improvement None Project Use Rate Quantity Amount $0 c"At , 1. +_ ..... �P DI '� i ` M 10 Fp !�tU to V. 1 :t ! M,r,, � "� � T to •.,' ' i . + • �. 0 i • A w �L-i f1 • • • !. 1 •fir � / i -J — - -- •T — M t.i • 1 1.1 t i • • ,r of IF •7 1 r 1 J !� RIC • T ��.. ' i •iv d r 1'\Of t for, ML ri T`- t• F•f M 6EAUTIFUL SAVIOR .t� t j,.'j .t It i FIRST 8 1 • t. g • r •1- ov w .Ti I • 1 1i •o� � t T �ilwION ' _j {� =t :+ • � I I IMP 99 W t NIL TOP " PpF � AGAN 1 A t } . '♦, It•• ago, Rol MtAIL I I I�• b _ 'PI. I A • x 1 •• i "a ' M2 - Ot , 031-01 • x � r u •1Att•f • � �IT�•T s y �.. t•s !TATE !OA -O A OMUUX" w9r AD'r COUNTY ; i o' z o ■.J (n z r.i r 0 G i ' ¢ W r -- f -r --J z I 0 G ' ¢ W a � Z'9/./ -- c e --P,,6f./Ze04 -T- _! 699v06 aw 1/V�W�Sd'� d�//►/�S /f d�b'1 Z'9/./ -- c e --P,,6f./Ze04 ;m o,I 91 ----� p/ �, I qac ,�;IQ�kn Wn°4 �41 co LL q b8/ ld h - LWOE 0 \ .-,-1 ���. ro 61, .�� (' :.:-:: .#.... .. : :: } 1::::::::: ::: M l}•.•.:. •.•.•..•..•.•. •.. cL QL /^i, --56L62 - `•__EE"EI � I - `�� � „b£ ,1Z,DOti � J• „OE,L/ot0=G Page 2JEAGAN ADVISORY PLANNING COMMISSION MINUTES August 30, 1990 CONDITIONAL USE PERMIT -,ADAM'S OUTDOOR ADVZRTISING This application was for a conditional use permit to allow a billboard advertising sign located on unplatted LI (Light Industrial) zoned property north of Knox Lumber along I -35B in the southeast quarter of Section 3. Member Gorman asked if the Planning Commission wished to have the applicant make a presentation. Chairman Graves stated that the Council had declared a moratorium and that he would prefer to wait until the Council had decided on an action regarding billboards. Gorman moved, Staehli seconded, the motion to continue the application for a conditional use permit to allow a billboard advertising sign located on unplatted LI (Light Industrial) zoned property north of Knox Lumber along I -35E in the southeast quarter of Section 3 due to the existing moratorium on billboards. The item would be continued until the City resolves their stance on the subject. All voted in favor. Keith Shindledecker, one of the owners of the property, asked the Commission what the applicant's next step should be. Chairman Graves informed him that he should contact a Councilmenber for more information. REZONING - ARCON CONSTRUCTION Chairman Graves opened the next public hearing for the evening regarding a rezoning of Lot 5, Block 1, Berry Ridge Addition, from R-2 (Duplex) to R-1 (Single Family) located along the south side of Berry Ridge Road in the southwest quarter of Section 22. Scott Johnson, the developer, stated he was available for questions and that they had a buyer available for the lot. Member Voracek asked if there were any conditions applicable to the rezoning. City Planner Sturm stated that all original plat conditions still applied. Merkley moved, Hoeft seconded, the motion to approve a rezoning of Lot 5, Block 1, Berry Ridge Addition, from (Single Farily) located along the south side of the southwest quarter of Section 22. All voted in qJ R-2 (Duplex) to R-1 Berry Ridge Road in favor. Agenda Information Memo September 4, 1990 City Council Meeting WAIVER OF PLAT GOPHER SMELTING J. Waiver of Plat, Gopher Smelting, in Order to Incorporate a Parcel of Land into Lot 1, Block 2, Gopher Eagan Industrial Park 2nd Addition Located along the North Side of Yankee Doodle Road in the SE 1/4 of Sec 1—At its regular meeting of Tuesday, August 28, 1990, the Advisory Planning Commission held a public hearing to consider an application for a waiver of plat for Gopher Smelting and Refining Company for Lot 1, Block 2, Gopher Eagan Industrial Park 2nd Addition in order to consolidate a 25' strip of land with that lot. For additional information on this item, refer to the ConupunitV Development Department staff report that is enclosed on pages through Also enclosed on page JE& is a copy of the Advisory Planning Commission minutes relative to this item. APC is unanimously recommending approval for this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a waiver of plat in order to consolidate a 25' strip of land with Lot 1, Block 2, Gopher Eagan Industrial Park 2nd Addition as requested by Gopher Smelting and Refining Company. SUBJECT: WAIVER OF PLAT APPLICANT: GOPHER SMELTING & REFINING CO LOCATION: LOT 1, BLOCK 2, GOPHER EAGAN INDUSTRIAL PARK 2ND EXISTING ZONING: L -I (LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: AUGUST 28, 1990 DATE OF REPORT: AUGUST 13, 1990 COMPILED BY: COMMUIr''ITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Gopher Smelting and Refining Company requesting a Waiver of Plat to consolidate a 25' strip of land with Lot 1, Block 2, Gopher Eagan Industrial Park 2nd Addition. LOCATION: Lot 1, Block 2, Gopher Eagan Industrial Park 2nd Addition is located west of the Soo Line Railroad and north of Yankee Doodle Road. Gopher Eagan Industrial Park 2nd Addition was platted July 21, 1987. The 25' wide strip of land running the entire length of the east property line (37,226 sq. ft. total area) will be adjoined to Lot 1, Block 2 (14.80 acres). The Soo Line Railroad has already sold this small portion of their right-of-way to Gopher Smelting. This Waiver of Plat well clean up a problem that occurred over the past several years where inadvertently Gopher Smelting has built on a small portion of the Soo Line right-of-way. If approved, this Waiver of Plat shall be subject to the following conditions: 1. This Waiver shall be recorded at the County within 30 days of the City's approval. 2. All applicable Code requirements. r \SW ` — -I - NWNE \A\ SECKER RD -- i�;-r --- •� FINANCIAL OBLIGATION - 10-30601-010-02 12-2-4-7-90 Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are computed. The charges are computed using the City's existing fee schedule and connections proposed to be made to the City's utility system based on the submitted plans. The computed charges are not proposed as a condition for granting the waiver of plat, but to alert the property owners as to their existence and the likelihood of their collection at sometime in the future should there be further development on this parcel. Improvement Project Use Rate Quantity Amount Sanitary Sewer C/I $1435/A .76A $1,091 Trunk Water Trunk C/I 1450/A .76A 1,102 Water Availability C/I 2285/A .76A 1,737 Charge Storm Sewer C/I .083/SF 33,249SF 2,760 Trunk TOTAL 6 690 d EpeILIA INDU iz RI ►� GV�+NEN . i a ** *iii * PIONEER engineering . 2422 Enteirrise Drive Memlofa Ileights. MN SS120 (612) 681 1914 Certificate of Survey for: V7 CL.T 1 ,i -V Lot 1, Block 2, EAGAN INDUSTRIAL PARK 2ND ADDITION according to the record plat thereof, Dakota County, Minnesota That part of the SOO LINE RAILROAD as described in Book T of Deeds, Page 362, being in the Southeast Quarter of Southwest Quarter of Section 12, Township 27, Range 23, Dakota County, Minnesota, being described as lying northeasterly of the northeasterly line and its extension southeasterly of Lot 1, Block 2, Gopher Eagan Industrial Park 2nd Addition as platted and of recorded in the office of the County Recorder, Dakota County, Minnesota, and lying southwesterly of a line being parallel with and distant 25.00 feet northeasterly of the said northeasterly line and its extension southeasterly of Lot 1, Block 2. f�'9's/'off✓\ gee r 1 � Zti o W • LOT O 4 t�orI4 line -K- o{ $eclion SF % o f �hc Sr✓%¢ Z7 ep. 2 3 ,�.�u • X7,226 �rT 'a, - X41 N +� a s� � z m - t% T s BLOCK Z Z n TZA IL— Neer Area : 645055S. 0 G v -"14'-R EA Q1 P�1 R, a INDUSTRIAL PARK 2NO A0O)TION 0 44y.d3 rP Z7, .49� 23, oako/q Coa•r/y /y,>tnPsofq / I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that 1 am duly Registered Land Surve ender the laves of the State of Minnesota. Dated this—Z�L_Wday of A.D. 19�� �J le: I inch = 200 feef^ 1A" � • �' ` j r2f�RCi11 R. SrKrCtl L.S. srER. NO 1aA91 * * * FINANCIAL OBLIGATION Errterhrise Drive * PIONE=ER I Mendota Ileights, MN 55121) *engineering . 1(612) 681 1914 GOPI4ER EA GAN INDUSTRIAL PARK 2ND A DDI TION SANITARY SEWER TRUNK WATER TRUNK WATER AVAILABILITY CHARGE STORM SEWER TRUNK .76 Ac. 33,249 S.F. S�j's/ of ►✓ �e� ra�4b n , 411"4 /int' ol17Me 56 %4 cMe !W Y# L i{ 5eclion !?, 2,7 fit. 23 � � q✓�d • 37,Zz6 � f� • • • • 70 a • 7� • R N3 ('7 - t ---- a c S1�'So'36�1✓ _ �: �ov�h /ine o� 1he S W / e/` See bbn 171 - - - rp Z7, 06kolq CouA�y lmi,;mefol,j / ' 1 hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that 1 am duly'Fiegislered land Surveyor under the laws of the State or Minnesota. Dated this• --Wday of A.D. 19 �—Q ,—� 5;co/e l incA = 2DD feet Q 4� -'> -� nnREnl n. SIKICrI L_5, nEr Nn. 14891 V p a Page 3JEAGAN ADVISORY PLANNING COMMISSION MINUTES August 30, 1990 WAIVER OF PLAT - GOPHER SMELTING Chairman Graves opened the next public hearing for the evening regarding a waiver of plat in order to incorporate a parcel of land into Lot 1, Block 2, Gopher Eagan Industrial Park 2nd Addition, located along the north side of Yankee Doodle Road in the southeast quarter of Section 1. City Planner Jim Sturm presented the application summary and reviewed the staff report. He stated that an additional condition should be added that Gopher Smelting would dedicate right-of-way as part of the waiver. The applicant stated that he was available for questions. Merkley moved, Staehli seconded, the motion to approve a waiver of plat in order incorporate a parcel of land into Lot 11 Block 21 Gopher Eagan Industrial Park 2nd Addition, located along the north side of Yankee Doodle Road in the southeast quarter of Section 1 subject to the following conditions: 1. This waiver shall be recorded at the County within thirty (30) days of the City's approval. 2. All applicable Code requirements shall be met. 3. The applicant shall dedicate that portion of the strip within existing right-of-way. All voted in favor. WOODLANDS NORTH ADDITION (REVISED) - ROBERT ENGSTROM COMPANIES Chairman Graves opened the next public hearing for the evening regarding a Planned Development amendment and a revised preliminary plat consisting of 72 duplex lots on approximately 14 acres located along the south side of Kost Road and west of Elrene Road in the northeast quarter of Section 14. City Planner Jim Sturm presented the application summary and gave the background of the application. I oG Agenda Information Memo September 4, 1990 City Council Meeting PLANNED DEVELOPMENT AMENDMENTIREVISED PRELIMINARY PLAT WOODLANDS NORTH ADDITION K. Planned Development Amendment and Revised Preliminary Plat, Woodlands North Addition (Revised) Consisting of 72 Duplex Lots on Approximately 14 Acres Located along the South Side of Kost (Trails End) Road and West otElrene Road in the NE 1/4 of Sec 14—At its regular meeting of Tuesday, August 28, 1990, the Advisory Planning Commission held a public hearing to consider an application for a planned development amendment and a revised preliminary plat for the Woodlands North Addition. The amendment and revised preliminary plat are in order to incorporate ten additional units for the duplex type lots included in the original proposal of 12 single family lots, 62 duplex type lots, and 200 multi -family units on approximately 58 acres. For additional information on this item, refer to a Community Development Department staff report wh'ch is enclosed on pages throughr your review. Also enclosed on pages through is a copy of the A;v'i�sory Planning Commission minutes relative t tis item. The APC is unanimously recommending approval of both items. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a planned development amendment and revised preliminary plat for Woodlands North Addition located in the NE quarter of section 14. (07 SUBJECT: PLANNED DEVELOPMENT AMENDMENT, REVISED PRELIMINARY PLAT (WOODLANDS NORTH) APPLICANT: ROBERT ENGSTROM COMPANIES LOCATION: NE 1/4 OF SECTION 14 EXISTING ZONING: PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: AUGUST 28, 1990 DATE OF REPORT: AUGUST 23, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: On June 5, 1990 the City Council unanimously approved a Comprehensive Guide Plan Amendment, Planned Development Amendment, a Rezoning and Preliminary Plat for the Woodlands North Addition located south of Kost Road and west of Elrene Road. The proposal included 12 single family lots, 62 duplex -type lots, and 200 multi -family units on approximately 58 acres. The single family area will be developed as soon as possible and the duplex -type area will begin to develop this fall. The multi -family area has no set time table to develop. Only the approximately 14 -acre R-2 type area is changing with this proposal. Ten additional units are proposed in order to alleviate some of the financial obligations to the City. The cul-de-sac connecting to Kost Road is the most noticeable change to the plat. The condition of the original plat prohibited any direct access to Elrene Road and none is being proposed with this revised plat. The density is 5.2 units per acre. These duplex style units will look like the country home quads in the Thomas Lake Woods Addition along the south side of Mallard Drive just west of Thomas Lake Road. The buildings were reduced from a quad to a duplex style to reduced scale. The landscape plan submitted ties the units together very well through individual foundation plantings and an overall tree plan. AIRPORT CONSIDERATIONS: This proposal does not fall within the Metropolitan Council's Noise Policy contours, but it is close enough (one-quarter to one-half mile) to address the issue. Since aircraft currently fly further south than they were when the contours were developed, noise may be considered to be intrusive by some of the projects residents. Therefore, while we cannot require the developer to meet Met Council's standards, it would be appropriate to share with him ways to abate the noise within the units by considering incorporation of such elements as chimney caps, elbows, and vents and similar features of sound environment of the units may be substantially improved without considerable cost to the project. GRADING;'DRAINAGF- EROSION CONTROL: The preliminary grading plan for the new layout of the multi -residential lots along the south side of Kost Road proposes maximum cuts of 17' and a maximum fill of 10'. The grading plan proposes to fill in a wetland along the south side of the intersection of Kost Road and Mike Collins Drive that has a surface area of 0.32 acres. The developer has applied for a permit from the Corps of Engineers to allow this wetland to be filled. To assist in the mitigation process with the Corps, the developer proposes to expand the wetland located in the southwest corner of the multi -residential portion of the Woodlands North site. The wetland in the southeast corner of the site is proposed to serve as a storm water ponding area that will meet the City's requirements for water quality treatment. This wetland has been designated as Pond A and the design criteria for this proposed pond is as follows: Direct Bottom Normal High Pond Wet Pond Drainage of Water Water Storage Storage Outlet Area Pond Level Level Volume Volume Flow Rate 16.4 AC 874.0 878.0 882.2 3.2 AC FI' 2.0 AC FT 2.1 CFS An outlet for this pond will be required to drain the pond to the north along Trails End Road to the City's existing 33" storm sewer system in the Wescott Hills Development. The proposed storm sewer system that will drain the multi -family residential area shall be designed to collect approximately 3.8 acres of area along Street A and direct the runoff from that area to Pond A. This storm sewer system will limit the direct drainage area from this site to the existing 33" storm sewer to the northwest to 4.1 acres. The surface water runoff from the northeast portion of the site will be directed to the proposed storm sewer to be constructed as part of the Kost Road and Elrene Road improvements, Project 589. The grading of the lots and streets within the development plus the grading of Pond A shall be performed by the developer. Also, the development will be responsible for installing and maintaining erosion control measures in accordance with the City's erosion/sediment control manual standards. UTILITIES: Sanitary sewer service for the multi -residential lots is readily available from an existing 12" trunk sanitary sewer on Kost Road. The preliminary utility plan for the new layout of the multi -residential area proposes individual sanitary sewer services to each lot. City Project #589 will be providing adequate sanitary sewer stubs out of Kost Road to serve this site. iow The developer has petitioned the City to install the necessary sanitary sewer and water main within the development and along Trails End Road. This project will be City Project #596, the Woodlands North Utility and Street Improvements. A 16" water main is located along Elrene Road and an 8" water main is located along Mike Collins Drive. City Project #589 will be providing an 8" water main on Kost Road that will connect to the existing lines on Elrene Road and Mike Collins Drive. The proposed 8" water main on Kost Road will include adequate water main stubs and services to provide adequate pressure and capacity to serve this development. The preliminary utility plan proposes individual water main services for each lot. The utility plan also proposes to provide a looping water main system that will provide adequate fire protection and water supply. All existing wells and septic systems on this site shall be plugged and abandoned according the Department of Health and City requirements. STREETS.'ACCESS/CIRCULATION: Access to the multi -family residential area will be provided from Kost Road which is proposed to be upgraded to a 32' wide bituminous street under City Project #589 and from Trails End Road which is proposed to be upgraded to a 32' wide bituminous street under City Project #596. The developer has petitioned the City to construct the streets within this development as City Project 596. The proposed streets within the multi -residential area include a looping road from the intersection of Mike Collins Drive and Kost Road to the south and then to the east and then connecting back to Kost Road just west of Elrene Road. This looping public street system is proposed to be a 50' wide right-of-way and 28' face-to-face street. According to the potential traffic generated on this street, the street right-of-way widths should be 60' wide and the road width should be 32' face-to-face. The developer is requesting a variance to the City Codes for street width to allow a 50' right-of-way and a 28' wide street for Street A (the looping street). The proposed street system also includes three horseshoe shaped cul-de-sacs in the multi - residential area. The minimum street width allowed for the cul-de-sacs is 28' face-to-face and the minimum right-of-way width for a cul-de-sac with an island is 65' as per City Codes. EASELt'IENTSIRIGHT-OF-WAY,/PERMITS: Sufficient right-of-way and drainage and utility easements shall be dedicated for the proposed streets and utilities that will be needed to serve this development. Additional right-of-way will be required at the southeast corner of the intersection of Trails End Road and Kost Road to provide for a 20 -mile per hour design speed for the curve of the street at that intersection. In addition, temporary slope J(O easements will be needed along Kost Road and Elrene Road to upgrade these streets under proposed City Project #589. This development shall be responsible for insuring that all regulatory agency permits are acquired prior to final plat approval. The wetland along the south side of Kost Road at the Mike Collins Drive intersection is included on the National Wetland Inventory Map. Therefore, a Corps of Engineers permit will be required before any grading work can begin in this wetland. Also, the wetland in the southwest corner of Block 3 is on the National Wetland Inventory Map and a permit will be required to utilize that wetland as a storm water pond. IN'OODI.ANDS NORTH CONDI'T'IONS 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, B1, B2, B3, B4, C1, C2, C4, C5, D1, E1, F1, G1, and H1. 2. A revised Planned Development Agreement shall be entered into. 3. Setbacks in the duplex area shall be allowed as per the development plan. 4. A copy of the Homeowners Association Bylaws shall be submitted to the City Attorney's office for their review and approval. 5. All trash and recycling materials shall be contained within the units until the day of pick up. 6. No driveway access shall be allowed onto Elrene Road. 7. The development is required to comply with the rquirements of the City's Comprehensive Water Quality Management Plan. icy A. B. C. STANDARD CONDITIONS OF PLAT APPROVAL Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Fasements and Rights -of -Aa 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development or accommodate it. 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 necessitated by City storm water storage volume requirements. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes, engineering standards, guidelines and policies. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4. A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be included in the Development Contract and not be released until one year after the date of installation. 5. All internal public and private streets shall be constructed within the required right-of-way in accordance with City Code and engineering standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved at a formal public hearing by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency.. F. Parks and Trails Dedication 1. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Water ouality Dedication I. This development shall be responsible for providing a cash dedication in addition to/in lieu of ponding requirements in accordance with the criteria identified in the City's Water Quality Management Plan. H. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission Approved: Aucust 25, 1987 Revised: plataprv.con LTS *2 city council September 15, 1987 July 10, 1990 C GJ,P- / m i P-. U9 1�•11�j1i�6�Og1{� 0I ovob 3N3b 13 P Pill 1 .I�OiC 1 ^ a �J� o y t f .IJI isd' ASS „J oaoa s'�� u D I ( Page 3/EAGAN ADVISORY PLANNING COMMISSION MINUTES August 30, 1990 WAIVER OF PLAT - GOPHER SMELTING Chairman Graves opened the next public hearing for the evening regarding a waiver of plat in order to incorporate a parcel of land into Lot 1, Block 2, Gopher Eagan Industrial Park 2nd Addition, located along the north side of Yankee Doodle Road in the southeast quarter of Section I. City Planner Jim Sturm presented the application summary and reviewed the staff report. He stated that an additional condition should be added that Gopher Smelting would dedicate right-of-way as part of the waiver. The applicant stated that he was available for questions. Merkley moved, Staehli seconded, the motion to approve a waiver of plat in order incorporate a parcel of land into Lot 1, Block 21 Gopher Eagan Industrial Park 2nd Addition, located along the north side of Yankee Doodle Road in the southeast quarter of Section 1 subject to the following conditions: 1. This waiver shall be recorded at the County within thirty (30) days of the City's approval. 2. All applicable Code requirements shall be not. 3. The applicant shall dedicate that portion of the strip within existing right-of-way. All voted in favor. WOODLANDS NORTH ADDITION (RE'VIBED) - ROBERT BNGSTROM COMPANIES Chairman Graves opened the next public hearing for the evening regarding a Planned Development amendment and a revised preliminary plat consisting of 72 duplex lots on approximately 14 acres located along the south side of Kost Road and west of Elrene Road in the northeast quarter of Section 14. City Planner Jim Sturm presented the application summary and gave the background of the application. Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES August 30, 1990 Howard Kyllo (for the developer) stated that the Elrene and Kost Road assessments had forced the upgrade of design. He further stated he was available for questions. Chairman Graves asked how the street width variance would be handled. City Planner Sturm stated that a decision would be made prior to the Council meeting. Member Gorman stated that he missed the meandering road design and asked if that could be incorporated in this new design. Mr. Kyllo stated that it could not. Member Merkley asked if the street widths aren't agreed upon and the wider width would be needed, could the developer still use this design? Mr. Kyllo stated that they could. Member Merkley asked if the airplane noise factors were being taken into consideration in building. Mr. Kyllo stated that they were not building and that Country Home, the builder, had the interest of the buyers in mind. Member Voracek asked if the conditions were in addition to those original plat conditions approved earlier. City Planner Sturm stated that the conditions of plat were in addition to those Planned Development conditions approved earlier. Chairman Graves had questions regarding the lot line in the exception piece in the southeast corner. City Planner Sturm clarified the issue. Member Merkley asked the reason for condition 3. City Planner Sturm stated that it was to allow three -car garages. Mr. Kyllo stated that on average no more than 10% of the buildings would have a third garage. Member Gorman asked why the cost of Kost and Elrene Roads were a surprise to the developer. Assistant City Engineer Mike Foertsch stated that the cost estimates had not been completed at the time of original plat approval. Member Merkley asked the builder if they were taking airport noise into consideration. Ross Peppercorn of Country Home Builders stated that they had reviewed the runway traffic and that there was no observable airplane noise and that no special construction was planned. After further discussion, Member Merkley stated that it was the wish of the Planning Commission that the builder reconsider. Mr. Peppercorn stated that they would certainly consider the matter. lad Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES August 30, 1990 Merkley moved, Voracek seconded, the motion to approve a Planned Development amendment allowing 72 duplex lots on approximately 14 acres located along the south side of Kost Road and west of Elrene Road in the northeast quarter of Section 14. All voted in favor. Voracek moved, Staehli seconded, the motion to approve a revised preliminary plat consisting of 72 duplex lots on approximately 14 acres located along the south side of Kost Road and west of Elrene Road in the northeast quarter of Section 14 subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: Al, El, B2, B3, B4, Cl, C2, C4, C51 D1, E1, F1, G1, and H1. 2. A revised Planned Development agreement shall be entered into. 3. setbacks in the duplex area shall be allowed as per the development plan. 4. A copy of the Homeowners' Association Bylaws shall be submitted to the City Attorneys' office for their review and approval. 5. All trash and recycling materials shall be contained within the units until the day of pickup. 6. No driveway access shall be allowed onto Elrene Road. 7. The development is required to comply with the requirements of the City's Comprehensive Water Quality Management Plan. All voted in favor. lad Agenda Information Memo September 4, 1990 City Council Meeting CONDITIONAL USE PERhMMOPHER SMELTING AND REFINING L Conditional Use Permit, Gopher Smelting and Refining, to Allow Service Facilities for Truck and Heavy Equipment in a Li (light Industrial) District on Lot 2, Block 1, Gopher Eagan Industrial Park 2nd Addition Located Along Highway 149 in the South lit of Sec 12—At its regular meeting of Tuesday, August 28, 1990, the Advisory Planning Commission held a public hearing to consider an application for a conditional use permit for sales and service for trucks/equipment and open storage for Gopher Smelting and Refining. The light industrial zoning district allows said uses by conditional use permit. The sight in question is located on the NE corner of the intersection of Highway 149 and Yankee Doodle Road at the end of Kutoff Court. For additional information on this item, please refer to the Community Development Department staff report which is enclosed on pages through 4to � for your review. Also enclosed on pages '.through is 1 -copy of a letteCity Planner Sturm from Barbara J. VanAuken of City Center Real Estate regarding landscape screening related to the conditional use permit application. Also enclosed on pages through is a copy of the Advisory Planning Commission minutes relative to this item. e AIPC recommended approval for this item by a vote of 5 to 1. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use permit for sales and service for trucks/equipment and open storage in a light industrial zoning district as requested by Gopher Smelting and Refining for a site located on the NE corner of the intersection of Highway 149 and Yankee Doodle Road at the end of Kutoff Court. SUBJECT: CONDITIONAL USE PERMIT APPLICANT: GOPHER SMELTING & REFINING LOCATION: 3380 HIGHWAY 149 LOT 2, BLOCK 1, GOPHER EAGAN INDUSTRIAL PARK 2ND EXISTING' ZONING: PD LI (PLANNED DEVELOPMENT, LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: AUGUST 28, 1990 DATE OF REPORT: AUGUST 22, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit for sales and service for trucks/equipment and open storage. The Light Industrial zoning district allows said uses by Conditional Use Permit. The site in question is located on the northeast corner of the intersection of Highway 149 and Yankee Doodle Road at the end of Kutoff Court. COMMENTS: The site in question includes an existing building formerly occupied by General Pump Company. The building has been vacant since February 1990. The applicant is seeking the Conditional Use Permit to allow a heavy equipment repair and sales use which will require open storage. The proposal includes fencing the eastern half of the lot for the purpose of enclosing the parking and outdoor storage area. This site shall be landscaped and specifically, the south property line of the storage area will require significant screening materials to buffer this storage from Highway 149. SITE PLAN: The existing parking lot at the site is bituminous which is in poor condition because of inadequate drainage. Staff recommends that the parking lot be upgraded to City standards with concrete curb and gutter around the edge of the parking lot, storm sewer to drain the parking lot and a bituminous overlay added to improve the poor condition of the parking lot. The parking lot improvements shall also provide a handicap access ramp to the existing office building and handicap parking spaces in the lot. The east half of the lot that will be used for storing equipment shall be upgraded to a bituminous or concrete parking lot with concrete curb and gutter. The drainage from this new lot shall drain to a new catch basin that would drain to ,the existing 48" storm sewer that is located along the east property line of the site. The applicant should prepare a new site plan slowing the parking lot improvements and a grading, drainage, and erosion control plan to show that the drainage from the site shall be conveyed to the City's storm sewer. If approved, this Conditional Use Permit shall be subject to the following: 1. A landscape plan shall be approved by City staff and implemented by June 1, 1991. 2. A site plan shall be submitted showing parking lot improvements and a grading, drainage, and erosion control plan. 3. All other applicable City Codes. FINANCIAL OBLIGATION - 10-30601-020-01 12 -CO -13-8-90 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 connections proposed to be made to the City's utility system based on the submitted plans. Improvement None Project Use 1-2;,9 Rate Quantity Ammmt go f ffwY t 49 Z t 2 Cl I a- 0 0 w i z O p U � U Oir W 0 'mL w CA z�Ir LU ` W i p -4 ILI II�j �- `== CITY CENTER REAL ESTATE REAL ESTATE LEASING • PROPERTY MANAGEMENT • SALES August 30, 1990 Mr. Jim Sturm City Planner CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55121 Dear Jim, 1549 Livingston, Suite 105 West St. Paul, MN 55118 Phone: (612) 450-9669 Fax: (612) 457-7068 In response to the Advisory Planning Commission meeting on Tuesday, August 28th, and my subsequent telephone conversations with you and with Mr. Windgard, of the engineering department, I am submitting the attached revised landscape and parking lot improvement site plan for your consideration. I understand that you will not be available after 10:00 a.m. today, however, I am very interested in meeting with any staff personnel, that you suggest, to discuss the revised site plan. My intent is to reach a compromise, which is acceptable to the staff, prior to the City Counsel meeting next Tuesday. I believe that the revisions to the landscaping and parking lot site plan meet your requirements for the upgrading of the existing parking area and the landscape screening along the south property line fencing area, and I also believe that the alternative surface treatment within the fenced area addresses the concerns of the staff, while giving the tenant of the building a workable solution. Using the compacted asphalt grindings in the area directly behind the building will allow the tenant to unload, park and move track -type equipment. More importantly, leaving the large area, between the compacted asphalt grindings and the catch basin, in its natural state addresses the staffs concern regarding potential gravel run off in the sewer system. As Mr. Windgard has requested, we will provide him with the location where compacted asphalt grindings are being used. We will also provide you with photographs of these locations. Please notify me as soon as possible, as to who I should contact. I appreciate all of your assistance in this matter. Sincerely, Barbara J. Van Auken I� August 30, 1990 Mr. Jim Sturm City Planner CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55121 Dear Jim, In response to the Advisiory Planning Commission meeting on August 28, 1990, regarding the Conditional Use Permit and the revised landscape screening plan for the Gopher Smelting and Refining property located at 3380 Highway 149 in Eagan, I am submitting our agreement in writing. We have agreed that the landscape screening for the area directly south of the rear fenced area of the site will be done in a comparable manner to the landscape screening completed at the Gopher Smelting and Refining property located at 3350 Highway 149 in Eagan. My understanding that this agreement signed by you and I will be sufficent for us to proceed through the City Counsel meeting scheduled for September 4, 1990. Thank you for your assistance in this matter. Sincerely, Mr. John TapperM� GOPHER SMELTING AND REFINING AGREED TO: Mr. ohn Tapper.1 dopher AGREED TO: lting and Refining Mr. Jim Sturm, City of Eagan \t3) 960 Proctor Drive om iii Elkhorn, Wisconsin 53121 Telephone: (414) c Fax: (414) 723 47203-6000 AMERICA CORPORATION August 29, 1990 To Whom It May Concern: In response to your request for some background information on INTERTRACTOR please refer to the following: INTERTRACTOR is a manufacturer of undercarriage components used on crawler tractors and excavators. INTERTRACTOR is a source of supply for J.I.Case, John Deere, Komatsu Dresser, Liebherr, Koehring, Link Belt and numerous other manufacturers around the world. INTERTRACTOR'S headquarters are in Gevelsburg, West Germany with subsidiaries in Italy, France, England and North America. Total worldwide employment is approximately 1,000, of which 150 are in the United States and Canada. The North America headquar- ters are in Elkhorn, Wisconsin. From 1973 until March 31, 1990 INTERTRACTOR was 50% owned by Tenneco and 50% by two German firms. Since that time ownership has been transferred to the Deutches Bank in West Germany. The primary function of the North American operation is to manufacturer and distribute (both U.S. and European) product to O.E.M.'s (original equipment manufacturers) and through a network of independently and company owned parts distribution and service centers (dealerships). These centers are responsible for selling and servicing the undercarriage they sell, including removal and installation. In conclusion, INTERTRACTOR America has a deep rooted commitment to the North American market. This is evidenced by the growth in employees from 1 in 1971 in Milwaukee, to our current 150 in 11 different locations throughout the United States and Canada. We hope the above provides you with sufficient information on who we are and what we do. 1)4 Z -1 F- W N w J Jct_ W a - CIO O Q � Z 0 3 d01 NO h IM 0308V8 m W 33N3J NNII NIVHO , 9 M3N J Z OC a W ~;AI � 2 W LL.Z Q LiJ ' ' r~ W LLI mLLa ►-r W W a Y N Z a cV p �--� O W W _Z 1-YZ xQ Z Q , r. 0-4 Q U- r'-. Q S W OC 3 d U � Z I U N C7 - 3 W w m p n - Q - m L Z -1 F- W N w J Jct_ W a - CIO O Q � Z 0 3 d01 NO h IM 0308V8 I S31VS„O-,ZI VM 33N3J NNII NIVHO , 9 M3N J ~;AI � 2 Q LiJ ' Q Q '•L±, ►-r W W a W O C7 cV p p � _Z 1-YZ xQ r. W __� =L. _ Q 0 NO U I U N C7 - Q Z L7 p n - a Q CZ L W d W WL7, co W a S OU J TC W W c pp T lD - Czo ! CD o L' 2131109 ONV mJ � 3136)NOD M3N ►Z+ W Z W �) - - --------- -r-um aam �NIUSIX3 ��S ' Q ►-r W W p � Z C � r. W W m Q + f J ca O U 3 - p n a Q CZ L W d W WL7, co W a S OU LD Q pp lD ! CD Q = I ►Z+ W Z W �) Lo WZO I W W N J Q I`j W M r d N a fO- N W N D 2 21 -0 - dCD CD ” i Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES August 30, 1990 CONDITIONAL USE PERMIT GOPHER SMELTING AND RErINING The next public hearing for the evening was introduced by Chairman Graves regarding a conditional use permit to allow service facilities for trucks and heavy equipment in an LI (Light Industrial) district on Lot 2, Block 1, Gopher Eagan Industrial Park 2nd Addition, located along Highway 149 in the south one-half of Section 12. City Planner Jim Sturm provided an application summary and reviewed the staff report. Barbara Van Augen (for Gopher Smelting) stated that the developer had two concerns. They were: 1. The requirement that the back lot be covered with bituminous or concrete surfacing. She stated that this bituminous surfacing would not last due to the heavy track equipment that was planned to be stored there. She stated they would prefer gravel as it would hold up better. 2. They would rather patch the front parking area than overlay it. David Lynch of Twin City Wire stated he was located directly to the north and did not want a gravel lot. He stated that patching would not solve the front lot problems. Member Merkley had questions regarding the lot construction. Ms. Van Augen stated the existing lot was adequate. Member Merkley stated that the lot was not draining properly and that patching would not work. Member Voracek requested clarification as to what type of activity would be happening to harm bituminous. Ms. Van Augen stated that heavy equipment would chew up the pavement but that trucks would deliver and unload the track equipment behind the building thus preventing damage to the front bituminous. Assistant City Engineer Mike Foertsch stated the parking lot was in poor condition and was not up to City standards. Chairman Graves asked if gravel was a problem. Assistant City Engineer Foertsch stated that there was a potential for storm sewer system clogging with gravel. Member Gorman asked if concrete would hold up. Ms. Van Augen stated that concrete was cost prohibitive. Chairman Graves asked for clarification of the intent of item 2. Mr. Foertsch stated that its intent was to require the applicant to conform to City standards. 13� Page 7jEAGAN ADVISORY PLANNING COMMISSION MINUTES August 30, 1990 Member Gorman asked what percentage of the use would involve track equipment. Ron Holmes, the Lessor, stated that approximately 30% of their business involved track equipment. Member Voracek suggested a compromise whereby the employee parking would be upgraded and the rear lot could be upgraded in part. Member Merkley stated that perhaps a percentage of gravel and blacktop for the rear lot would be adequate. Chairman Graves suggested that the conditions remain and that the applicant work with staff on a compromise to be presented to the Council. Hoeft moved, Merkley seconded, the motion to approve a conditional use permit to allow service facilities for trucks and heavy equipment in an LI (Light Industrial) district on Lot 2, Block 1, Gopher Eagan Industrial Park 2nd Addition, located along Highway 149 in the south one-half of Section 12 subject to the following conditions: 1. A landscape plan shall be approved by City staff and implemented by June 1, 1991. 2. A site plan shall be submitted showing parking lot improvements and a grading, drainage and erosion control plan to conform to City standards. 3. All other applicable City codes. All voted in favor except Member Voracek voting against. CONDITIONAL USE PERMIT - Be J. TRANSPORT Chairman Graves opened the next public hearing for the evening regarding a conditional use permit to allow a trucking terminal in an LI (Light Industrial) district located on Lot 11 Block 5, Eagandale Center Industrial Park in the southeast quarter of Section 3. City Planner Jim Sturm presented an application summary and reviewed the staff report. Mike Hedstrom of Be J. Transport stated he was willing to conform to City standards and was available for questions. Chairman Graves asked if he had any problems with the conditions. Mr. Hedstrom stated that the owners of the building were sensitive to the cost of sealcoating. Member Graves asked if the conditions in the staff report were adequate. Assistant City Engineer. Foertsch suggested that it would be hard to require someone to sealcoat their parking lot. X31 Agenda Information Memo September 4, 1990 City Council Meeting CONDITIONAL USE PERNIITB J TRANSPORT M. Conditional Use Permit, B J Transport to Allow a Trucking Terminal in an (LI) light Industrial District Located on Lot 1, Block 5, Eagandale Center Industrial Park in the SE 1/4 of Sec 3—At its regular meeting of Tuesday, August 28, 1990, the Advisory Planning Commission held a public hearing to consider an application for a conditional use permit for B J Transport Inc. to allow a truck terminal in a light industrial zoned area for Lot 1, Block 5, Eagandale Center Industrial Park. For additional information on this item, please refer to the Com ty Development Department staff report which is onclosed eCes through for your review. Also enclosed on pages through is a copy of the Advisory Planning Commission minutes related to this item. The recommending unanimous approval of this application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use permit to allow a truck terminal in a light industrial zoned area for B J Transport, Inc., for Lot 1, Block 5, Eagandale Center Industrial Park. SUBJECT: CONDITIONAL USE PERMIT APPLICANT: B. J. TRANSPORT, INC. LOCATION: LOT 1, BLOCK 5, EAGANDALE CENTER INDUSTRIAL PARK EXISTING ZONING: LI (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: AUGUST 28, 1990 DATE OF REPORT: AUGUST 22, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow a truck terminal in a Light Industrial zoned area. BACKGROUND: Representatives from B. J. Transport approached the Council at their July 17, 1990 meeting. The company was being forced to move from their headquarters in South St. Paul and needed a new facility as of August 12, 1990. Due to the time involved with the Conditional Use Permit process, the applicant asked the Council to allow their business to operate while the Conditional Use Permit application is in process. This request was approved by the Council. COMMENTS: Truck and freight terminals are allowed by Conditional Use Permit in the Light Industrial zoning district. The site in question has an existing 70,000 sq. ft. building owned by Elliot Auto. The applicant will be leasing approximately 10,000 sq. ft. to be used for office and warehouse/truck terminal. B.J. Transport will employ approximately 20 office personnel and 35 drivers. The truck terminal operation will utilize approximately 20 tractors and trailers. SITE PLAN: The driveway openings to the existing bituminous parking lot off Eagandale Industrial Road need to be upgraded to current City standards to prevent truck traffic from driving over the curb. The driveway openings shall be widened to at least 30 feet, and 25 foot radiuses shall be provided to improve the turning movements. City staff recommends that the existing bituminous parking lot be cleaned up and sealcoated. The weeds that are growing up through the cracks in the parking lot shall be removed and the lot should be swept before the sealcoat is applied. 1.35 If approved, this Conditional Use Permit shall be subject to the following: 1. A landscape plan shall be approved by City staff and implemented by June 1, 1991. 2. Driveway openings shall be widened to at least 30' and 25' radiuses shall be provided. 3. All applicable City Codes. FINANCIAL OBLIGATION - 10-22500-010-05 3 -CO -11-9-90 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 connections proposed to be made to the city's utility system based on the submitted plans. improvrssent Project Use None Rate Quantity Amount ROSEMOUNT33 34 3 EN(3INEEFtING 4 o UNISYS MMC 1+rl' LEXINGTON i STANDARD EAGANDALE BUSINESS CAMPUS n V DAKVIEW 5 !I!CENTER ((AMERICAN ELLIOTTIT DAKVIEW ri(•v!BUSINESS !I!CENTER ((AMERICAN ELLIOTTIT & AUTOUCE . WESI S, IW II.i I,I IAII N V l Fi CHICAGO I 'COCA COLA BOTTLING CO. :'I' LOT 2 1•+T it I S lk, '7 0 �. .r JR p 01,P � CScb- 11100 Irmo IN a tA r; ST I 6 WAREHOUSE Interior Loading RAMP i OFFICE WAREHOUSE DH DH ........... BUILDING EAAANDALE BLVD, PARKING BUILDING RAIL SITE PLAN ASPHALT PAVING August 22, 1990 CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55121 Excellence in Service Load After Load • Load After Load • Load After Load B.J. Transport, Inc. is a major irregular route common and contract carrier based in the Twin Cities for the past eleven years. We handle less than truck load as well as truck load volume freight for over 200 shippers in this area. We employ 55 people at our Eagan facility, 20 of whom are in the office while the remaining drive and do warehouse work.- We find the Eagan location to work extremely well for both our employees and drivers. We're hoping to make Eagan our permanent home. The facility we've moved into is owned by a long time Eagan employer, Elliot Auto. They purchased the building from Ford/New Holland 7 months ago. Un- fortunately the building stood vacant for two years prior, consequently, some cosmetic touch up will be necessary. The following items have been proposed to Elliot Auto and approved by their board: 1.) All weeds burnt out of parking area 2.) All dead shrubs and trees must be removed 3.) Existing rock found along front sidewalk must be weeded and cleaned up. Extra rock will be added where needed. 4.) Four trees will be added to the front and two will be added to the side yard. 5.) All rusty trim in front entry way will be scraped and painted. 6.) All shrub and trees will be trimmed. 7.) All trucks will enter from south east direction to accomplish 2 things: 1. Drivers can turn into our driveway without crossing on -coming lane and without running over the curbing. 2. It will cut down on traffic on Eagandale Blvd. In closing, we hope that these improvements will be adequate for you to grant us the special use permit. If at any point you'd like to come by and see our operation, please feel free. Sincerely, Mike Hedstrom 2782 EAGANDALE BLVD. • EAGAN, MN 55121 • (612) 45' 9292 •WATTS 800-328-3190 •FAX 612-454-8931 Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES August 30, 1990 Member Gorman asked what percentage of the use would involve track equipment. Ron Holmes, the Lessor, stated that approximately 30% of their business involved track equipment. Member Voracek suggested a compromise whereby the employee parking would be upgraded and the rear lot could be upgraded in part. Member Merkley stated that perhaps a percentage of gravel and blacktop for the rear lot would be adequate. Chairman Graves suggested that the conditions remain and that the applicant work with staff on a compromise to be presented to the Council. Hoeft moved, Merkley seconded, the motion to approve a conditional use permit to allow service facilities for trucks and heavy equipment in an LI (Light Industrial) district on Lot 2, Block 1, Gopher Eagan Industrial Park 2nd Addition, located along Highway 149 in the south one-half of Section 12 subject to the following conditions: 1. A landscape plan shall be approved by City staff and implemented by June 1, 1991. 2. A site plan shall be submitted showing parking lot improvements and a grading, drainage and erosion control plan to conform to City standards. 3. All other applicable City codes. All voted in favor except Member Voracek voting against. CONDITIONAL USE PERMIT - B. J. TRANSPORT Chairman Graves opened the next public hearing for the evening regarding a conditional use permit to allow a trucking terminal in an LI (Light Industrial) district located on Lot 11 Block 5, Eagandale Center Industrial Park in the southeast quarter of Section 3. City Planner Jim Sturm presented an application summary and reviewed the staff report. Mike Hedstrom of B. J. Transport stated he was willing to conform to City standards and was available for questions. Chairman Graves asked if he had any problems with the conditions. Mr. Hedstrom stated that the owners of the building were sensitive to the cost of sealcoating. Member Graves asked if the conditions in the staff report were adequate. Assistant City Engineer Foertsch suggested that it would be hard to require someone to sealcoat their parking lot. 14 Page S/EAGAN ADVISORY PLANNING COMMISSION MINUTES August 30, 1990 Member Merkley stated that the openings in the access should be wide enough to accommodate semitrucks and that he would strongly suggest sealcoat.ing the lot. Member Voracek stated that there was much material in the parking lot to be cleaned up. Member Gorman asked why they had left South St. Paul. The applicant stated that they had lost their lease due to an option clause expiration. Member Voracek moved, Markley seconded, the motion to approve a conditional use permit to allow a trucking terminal in an LI (Light industrial) district located on Lot 1, Block 5, Eagandale Center Industrial Park in the southeast quarter of Section 3, subject to the following conditions: 1. A landscape plan shall be approved by City implemented by June 1, 1991. staff arA 2. Driveway openings shall be widened to at least 30 feet, and feet radii shall be provided. 3. All applicable City Codes shall be complied with. 4. The parking lot shall be cleaned and sealcoated. All voted in favor. CITY of LAGAN - AREA I (REVISED) MULTI -FAMILY RESIDENTIAL LAND STUDY Chairman Graves convened the next public hearing fo regarding a Comprehensive Guide Plan amendment to change designation of approximately 16 acres from D -III to rezoning of these same 16 acres from Agricultural to R-2. property is located on the west side of Federal Drive o in the northeast quarter of Section 16 and is referred to Study as Area I. r the eveni the land use D -II and the The subject n Violet Lane in the City Kristy Marnin of the Community Development Department provided a brief overview of the City's Comprehensive Multi -Family Residential Land Study. She then provided the background for Study Area I and reviewed the staff report with the Planning Commission.