The URL can be used to link to this page

08/07/1990 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING AUGUST 7, 1990 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) Pj III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) ' IV. 6:55 - CONSENT AGENDA PINK 2 A. PERSONNEL ITEMS 41 B. LICENSE, Plumbers PF-.4 C. EXTENSION, Contract for Janitorial & Park Clean -Up Service, Dakota Inc. .& D. RECEIVE Assessment Roll/Order Public Hearing, Delinquent Weed Cutting Bills I E'RECEIVE Assessment Roll/Order Public Hearing, Delinquent Utility Bills 3 �F. PROJECT 510, Receive Final Assessment Roll/Schedule Public Hearing (Cliff Road) 1.3G. PROJECT 466, Final Assessment Adjustments (Pilot Knob Road) H. VEHICLE #131, Authorize Advertisement for Bids (4 -Ton Asphalt Roller) I. CONTRACT 90-08, Receive Bids/Award Contract (Sibley Terminal Industrial Park - Storm ' o Sewer) 1d J. CONTRACT 90-04, Change Order #1 (Rahn Road) K. CONTRACT 89-18, Acknowledge Completion/Authorize Final Payment (Lexington Way - P, Streets & Utilities) p �d L. CONTRACT 89-15, Acknowledge Completion/Authorize Final Payment (Armstrong Business d Center - Utilities) plc� M. PROJECT 88-X, Acknowledge Completion/Accept for City Maintenance (Bridle Ridge 2nd Addition - Streets and Utilities) p,l� N. CONTRACT 89-17, Northview Park Improvements, Change Order #1 (Fire Station #3 - 1 Parking Lot Improvements) e3� 0. CONTRACT 90-01, Receive Plans/Authorize Advertisement for Bids (Galaxie Cliff Plaza 2nd - Streets and Utilities) P. FINAL PLAT, Autumn Ridge 13 Q. NOMINATION, Chamber of Commerce Representative/Eagan Ice Arena Committee 2(.R. RATIFICATION of Name Change to Citizens Recreational Facility Committee 2,(.S. CERTIFICATION, Election Judges for Primary Election T. LICENSE, 05k -Sale Beer, Duckwood Phillips 66 Company, 3575 Pilot Knob Road U. REQUEST thatetropolitan Airports Commission Consider Stage 2 Non -Addition Rule V. CONTRACT 88-3 , Acknowledge Completion/Authorization Final Payment (Alden Pond - Streets and Utilities) W. CONTRACT 90-11, Approve Plans & Specifications/Authorize Advertisement for Bids (Park F. Center & Rusten Road - Streets & Utilities) �.,8 X. PROJECT 569, Receive Final Assessment Roll/Schedule Public Hearing (Armstrong Business p Center) p,�a Y. CONTRACT 90-03, Approve Change Order #2 (Rahn Road) r1�3� Z. CONTRACT 89-09, Change Order #2 (Johnny Cake Ridge Road - Streets & Utilities) 1 V. 7:00 - PUBLIC HEARINGS (SALMON) 00A. PROJECT 598, Galaxie Cliff Plaza 2nd Addition (Streets & Utilities) q)B. PROJECT 595, Country Home Heights (Storm Sewer) Q' VII. OLD BUSINESS (ORCHID) .19A. DRAINAGE CONCERNS, Stafford Place J3 B. EXTENSION, Preliminary Plat for Stratford Oaks of Eagan/Welsh Companies S(, C. EXTENSION, Preliminary Plat for Park Center/Federal Land Company ,0' D. COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING, City of Eagan, Part of Area R, r Multifamily Residential Land Study, of Approximately 6 Acres from D -III (Mixed Residential)/R-4 (Multiple Residential) to P (Parks)/PF (Public Facilities), Respectively E. SPECIAL USE PERMIT, U. S. West -New Vector Antennae Equipment Building at Safari Reservior r(�F. VARIANCE, John Vaughn, for a Variance to the Setback Requirement from Public Right- ' of -Way, 1670 Mallard Drive VI. BOARD OF APPEALS & ADJUSTMENTS (GRAY) .�Q A. APPEAL, Minnesota Public Radio, Decision Concerning Variance and Conditional Use Pc Permit for Radio Towers VIII. NEW BUSINESS (BUFF) A. PERMIT, Special Hunting, Richard Maurer, 3370 Lexington Avenue B. PERMIT, Special Hunting, Dan Friendshuh, 1551 - 106th Street West, Bloomington C. CONDITIONAL USE PERMIT, Crown Coco Inc, and a VARIANCE to Allow a Pylon Sign Located at the Northwest Intersection of Nicols Road & Diffley Road in the SW 1/4 of Sec 19 ,r4 D. PRELIMINARY PLAT, Valley Acres/City of Apple Valley, Consisting of Appoximately 6.8 �'[ Acres for a Municipal Gun Firing Range Located West of Terminal Drive in the South .Q Half of Section 8 1� E. 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 F. PRELIMINARY PLAT, Wescott Square Addition (Revised)/New Horizon Homes, of Approximately 9.83 R-3 (Townhouse) Zoned Acres for 67 Units Located Along Yankee P Doodle Road and Elrene Road in the NW 1/4 of Sec 14 Ix. ADDITIONAL ITEMS (GOLD) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) %II. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 2, 1990 SUBJECT: AGENDA INFORMATION FOR AUGUST 7, 1990 CITY COUNCIL MEETING ........ . ......... ............ .................................... -.1 ............... After approval is given to the August 7, 1990 City Council agenda and regular meeting minutes for July 10, 1990 and July 17, 1990 and special meeting minutes for July 17, 1990, the following items are in order for consideration: There are DPPXR7?"-11 T !TTUn*:'.R'fVRT-NP-,Rq- Agenda Information Memo August 7, 1990 City Council Meeting There are twenty-six (26) 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 Worker --Because of resignations and the long period between Council meetings, it was necessary for City Administrator Hedges to approve the hiring of Hugh Peterson as a seasonal park maintenance worker. This item is informational and no action is required on the part of the Council. Item 2. Project Planner Position --The current organization of the Planning Division of the Community Development Department includes the Community Development Director, the City Planner, two Planner Is, two Zoning Administrator/Planners and one Planning Aide. When one of the Planner Is recently resigned, the Community Development Director and City Administrator reviewed the organization of the division and came to the conclusion that the division would operate more efficiently by reorganizing the two Planner I positions and the two Zoning Administrator/Planner positions into one Senior Planner position and three Project Planner positions. The Project Planner positions would be placed at the current compensation level of the Zoning Administrator/Planners. The two current Zoning Administrator/Planners would receive a title change to Project Planner and the City would advertise for a third Project Planner (to replace the Planner I vacancy with the new Project Planner position). The Council has approved this reorganization in concept. At this time, it would be appropriate for the Council to approve the reorganization of one Planner I position to that of Project Planner and the retitling of the two current Zoning Administrator/Planner positions to Project Planner. The Senior Planner reorganization will be discussed at a future Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the reorganization of one Planner I position in the Planning Division to Project Planner and the retitling of the two Zoning Administrator/Planner positions to Project Planner. Item 3. Clerical Technician 2/Finance Department --The City Administrator, Director of Finance/City Clerk and Director of Community Development are recommending that the position of Part -Time Clerical Technician 3 in Community Development (currently vacant) be reorganized to the position of Part -Time Clerical Technician 2 in the Finance Agenda W Agenda Information Memo August 7, 1990 City Council Meeting Department. This reorganization would provide for more efficient operations overall. Funding for the position would be transferred from the 1990 Community Development Department budget to the 1990 Finance Department budget. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the reorganization of the Part -Time Clerical Technician 3 in Community Development (currently vacant) to the position of Part -Time Clerical Technician in the Finance Department. Agenda Information Memo August 7, 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 < 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. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as presented. PLUMBERS LICENSE AUGUST 1, 1990 1. Doody Mechanical 2. Lamb Mechanical 3. Roseville Plumbing & Heating 4. Wyllie Plumbing s Agenda Information Memo August 7, 1990 City Council Meeting EXTENSIONI.IANITORIAL CONTRACTI'DAKOTA INC. C. Extension, Contract for Janitorial and Park Clean -Up Service, Dakota Inc. --The Parks Recreation Department has contracted with Dakota Inc. for the past two years to provide janitorial and park clean-up services. The contract provides opportunities for mentally handicapped individuals to perform work within the community. Dakota Inc. provides all insurance, transportation and supervision of the services. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a one-year extension to the current contract with Dakota Inc. for janitorial and park clean-up services. RECEIVE ASSESSMENT ROL IORDER PUBLIC HEARING DELINQUENT WEED CUTTING BILLS D. Receive Assessment Roll/Order Public Hearing, 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 10-72978-130-03 186.75 10-75900-080-01 95.00 10-84476-070-01 35.41 1,224.66 These assessments will be spread for one year only at 8% interest. It should be noted that the bill for the last parcel listed reflects a lot clean-up which also included removal of a sofa. It is City policy to treat such lot clean-ups similarly to weed cutting services and, for that reason, it is included here. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for delinquent weed cutting bills and schedule a public hearing for September 4, 1990. FIV Agenda Information Memo August 7, 1990 City Council Meeting RECEIVE ASSESSMENT ROLUORDER PUBLIC HEARING DELINQUENT UTILITY BILLS E. Receive Assessment Roll/Order Public Hearing, Delinquent Utility Bills --A list of delinquent accounts for which service cannot be discontinued for collection has been compiled by the Finance Department. Enclosed on pages 5? through _�� is the list of those accounts. These assessments will be spread at one year only at 8% interest. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for delinquent utility bills and schedule a public hearing for September 4, 1990. PID NUMBER ACCT NUMBER BALANCE DUE 101670330006 101041070 39.99 108480024003 105068060 8.63 108460032002 105079030 40.59 108427534002 108306020 6.44 108427527002 108313030 6.44 108427524002 108316000 6.44 108427516002 108324000 6.44 108427515002 108325090 6.44 108427513002 108327070 6.44 108427511002 108329050 6.44 108427509002 108331010 6.44 108427505002 108335070 6.44 108427504002 108326060 6.44 108427501002 108339030 6.44 108435403001 109002070 179.91 108435404001 109003060 157.42 108435406001 109005040 191.29 108460111001 110052040 5.89 108460226003 111020010 7.28 108460223003 111023080 43.56 108460218003 111029020 20.92 1.08460212002 111078020 37.42 108460236001 111101030 120.07 108460222001 111120000 38.52 108460202001 111144020 82.89 101710002003 113028090 51.07 101710002003 113028170 39.19 101710003004 113030050 45.17 101710003004 113030130 40.07 101710401002 113086080 71.63 101710401002 113086160 58.94 108435507005 114057010 61.33 108435507005 114057190 62.10 104805004104 117152080 39.18 106585006002 120046020 6.13 106585005002 120047010 13.54 106585004002 120048000 13.54 106585003002 120049090 13.54 106585002002 120050050 13.54 103585001002 120051040 13.54 108195003003 120062010 9.66 108195009003 120068050 9.66 108195016001 120073080 9.66 108195015001 120074070 9.66 108195013001 120076050 9.66 108195012001 120077040 9.66 108195009005 120128030 13.54 108195009005 120129020 5,80 PID NUMBER ACCT NUMBER BALANCE DUE 108195008005 120130090 13.54 103575008005 120131080 5.80 108195005005 120140070 13.54 108195003005 120141060 6.78 108195012003 120144030 9.66 108195019003 120151030 9.66 108195009004 120161010 9.66 108195011004 120163090 9.66 108195023002 120164080 9.66 108195024002 120165070 9.66 108195025002 120166060 9.66 108195006006 120175050 9.66 108195006006 120176040 9.66 108195005006 120177030 9.66 108195005006 120178020 9.66 107585203003 120218040 6.13 107585202003 120219030 6.13 107585201003 120220000 6.13 107585201001 120221090 6.13 107585207002 120229010 22.14 101635018001 121154080 9.66 105380101002 121343000 18.48 105380104002 121349040 69.58 105621001000 122051180 13.54 105615007002 122113060 17.81 105615005002 122117020 17.81 105615002002 122123040 17.81 105615001002 122125020 17.81 107298605001 122300090 9.97 102580007002 122378060 9.66 103980101005 123017010 112.77 10398010+010 123040020 253.78 107595012002 125038010 221.02 107595009003 125057070 40.11 107595013003 125061010 42.35 107595143002 125116060 54.00 101660004002 126052000 75.41 101660203001 126082040 42.96 101660211202 126094000 25.08 101740015600 126128000 110.73 101740015900 126136000 34.43 101740014000 126173040 32.36 101740012500 126178090 42.35 101740016700 126182030 181.98 101740013000 126183020 204.38 101740002104 126190030 343.32 101740001101 126218010 106.56 101740202003 126271050 206.70 PID NUMBER ACCT NUMBER BALAti CE DUE 101740203004 126314040 223.65 101740205005 126325010 151.68 101740401001 126327820 250.79 101740403001 126328320 313.04 101740403001 126328400 149.97 101740405001 126328810 266.35 106398102002 128001080 230.09 106398104001 128023020 42.96 106398301005 128107010 7.50 106398301008 128124000 47.36 106398404005 128195040 166.99 102275038003 129075070 8.93 104730003001 234086100 55.51 101670410001 238038020 99.53 107650004004 243058070 190.81 1.07650002002 243070010 138.33 107650201006 243190060 98.92 106805008001 361006000 395.31 104130010001 361076050 34.43 104490010501 361079100 175.07 101630027001 361176040 201.80 101815103004 361203010 79.04 101815302006 361488070 44099 105540006001 363065610 22.51 105540007001 363065790 6.13 105332006100 366008150 31.85 101499602004 376068030 6.13 104465106001 364336050 93.42 75723.12 101670109002 103091021 32.55 108435410003 109036072 22.27 108425009001 109162034 29.30 108460115007 110143053 6.81 108460228003 111018052 78.74 101710114002 113010092 18.85 108435502005 114052064 40.52 108425202001 115085041 86.14 107297910002 117353051 17.57 107297910003 117367091 102.31 101350012009 118132011 38.97 101500605002 119123001 10.49 101500609002 119127061 38.25 101500809002 119166081 7.20 106585011002 120024082 32.60 106585014002 120027051 6.95 107585202001 120222081 54.21 �o PID NUMBER ACCT NUMBER BALANCE DUE 106272602003 120261591 157.28 106760006001 121293003 68.08 105380105001 121318011 367.00 105210017001 122191013 13.15 105210025004 122242002 14.45 105210022007 122276091 15.95 102580109004 122618062 6.81 103980101001 123001093 25.14 107595005003 125053014 29.23 107595149001 125189084 41.46 101660001101 126011002 98.70 101660009005 126071072 38.08 101740011700 126140041 96.45 101740002105 126161082 120.49 101740213004 126293091 16.25 101740206004 126307031 24.66 101740201004 126327091 108.97 101740201004 126328081 89.72 101740502001 126329721 44.81 105355002002 126367002 11.90 105355008001 126421042 23.00 106398202006 128079053 5.86 106398302008 128123012 17.15 105357503002 129154012 38.63 105357504002 129155002 38.63 105670105004 130170093 28.94 102560009005 130208051 13.60 101670201005 233024091 5.47 101430107001 234210012 15.89 101170001002 235012083 3,119.72 101170001002 235013073 2,222.85 101670401011 235100012 9.21 101671102001 237138036 49.08 101670404010 238044042 53.66 107710004001 240119003 11.95 101370720006 241103062 21.71 107650003006 243052034 6.99 108446110001 243293021 15.94 108446011002 243357052 5.40 105767602001 243411171 120.17 101540007001 244032062 47.74 108365207001 245620012 9.23 101499227001 250061074 15.70 103190020002 251020051 24.54 103190024002 251043081 25.66 101440005002 252047022 85.45 106505010001 361005013 474.79 106805002001 361012022 94.64 PIU NUMBER ACCT NUMBER BALANCE DUE 1.04490105003 361020021 158.44 101815102006 361196002 18.58 101807515001 361413072 232.98 100030002051 363081043 5.35 103200111001 366052021 15.03 101550003002 367051011 30.36 108447602002 369077071 7.89 100130001005 370085052 43.26 104506009007 370218053 57.02 104506010006 370235042 10.19 101499729002 371183041 10.89 103090007002 372007061 34.91 1.04503523003 374049021 5.43 104503523003 374049022 17.58 101827502001 375002041 53.32 101827529003 375059061 23.96 9,339.10 l� Agenda Information ?Nemo August 7, 1990, City Council Meeting RECEIVE FINAL ASSNIT ROLLISCHEDU'LE PUBLIC HEARING (CLIFF ROAD) F. Project 510, Receive Final Assessment Roll/Scbedule Public Hearing (Cliff Road) -- The upgrading and widening of Cliff Road from Pilot Knob Road to Johnny Cake Ridge Road has been completed, all costs tabulated and the final assessment roll prepared. This roll is being presented to the City Council for their consideration of scheduling a formal public hearing. Although this public improvement is similar to the Pilot Knob Road project, it is not as large as it involves only 109 parcels proposed to be assessed. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 510 (Cliff Road - Streets R Storm Sewer) and schedule a final assessment hearing to be held at 7:00 p.m., September 4, 1990. FINAL ASSMT ADJUSTMENTS (PILOT KNOB RD) G. Project 466, Final Assessment Adjustments (Pilot Knob Road) --As a result of the final assessment hearing held on July 10, 1990. City staff has reviewed the objections that have been submitted and find that City policy and procedure were properly followed and applied and that no adjustments based on objections are recommended with the exception of Lot 4. Carlson Acres. Enclosed on pages �/'V and is a letter of explanation sent to the property owner informing him of the results of our analysis. Therefore, staff is recommending that the final assessment for Lot 4, Carlson Acres, as approved on July 10. 1990. be modified from $14,185.53 to $10.348.35. ACTION TO BE CONSIDERED ON THIS ITEM: To modify the proposed final assessments for Lot 4, Carlson Acres, under Project 466, as identified. i3 rr�3 itVoFczagan 3E30 PLOT KNOE ROAD EAGAN, MINNESOTA 55122.1897 PHONE (612; 454.8100 FAX (612) 454-E363 July 26, 1990 MR WALLY NELSON 4205 PILOT KNOB ROAD EAGAN MN 55122 Re: Project 466, Final Assessment Adjustment Lot 4, Carlson Acres Dear Mr. Nelson: THOMAS EGAN MSyor DAVID K GLSTAFSON P/NfLA Mc<R5A TIM PAWIENTY THEODOR: WACHTER Cwral Members THOMAS HEDGES CRY Adminmrstor EUGENE VAN OVIUSEKE City crA As a result of the final assessment hearing held on July 108 1990, you submitted a written objection pertaining to the proposed assessments identified as follows: WATER LATERAL $3,837.18 STORM SEWER LATERAL $10,348.35 The storm sewer lateral is comprised of two items identified as follows: Pilot Knob/Diffley Road Storm Sewer Lateral 80' deep x 300' (Diffley Rd.) 4. 80' x 120 (Pilot Knob Rd.) $33,600 sq. ft. @ 190 per sq. ft. = $6,384 Additional Storm Sewer Extension For Future Development 120' @ $33.04 per ft. = $3,964.80. This rate per running foot of 1211 storm sewer is less than the Cityts 1990 predetermined rate of $37.55 per running foot. THE LOBE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal OpportunII Affi motive Action Employer 1 July 26, 1990 Page 2 During my recent conversation with you, you concurred that this additional store sewer extension was installed at your request. You will also note that the drainage area calculations for your overall project storm sewer lateral assessment did not include any of the recently vacated public right-of-way which was incorporates into your private ownership. During our conversation, we also discussed the proposed assessment of $3,837.18 for the 6" water lateral that was extended to your lot frog, the north side of Diffley Drive to service the proposed office building that you were pursuing approval during the winter of 1987. The City determined that an office building would require a 6" water lateral to provide adequate water service and fire flog protection. However, with the denial of that rezoning request, it would be inappropriate to assess that cost at this time. Therefore, based on your objection and our review of the situation, I will be recd -.mi ending that the City Council adjust your assessment by deleting the water lateral assessment of $3,837.18 and postponing that assessment until such time that the property should develop or connect to that water lateral stub. I hope that this review and response satisfactorily addresses your previcus oh;ection. It is anticipated that with Council concurrence, a new notice of final assessment obligation will be sent to your attention. I would like to thank you for your willingness to work with the City during this review and reach this satisfactory conclusion. Sincerely, crus A. Colbert, P.E. Director of Public Works TACJjj cc: Deanna Kivi, Special Assessment Clerk Ted Wachter, City Councilmer.,ber lID Agenda Information Memo August 7, 1990, City Council Meeting VEHICLE #131 AUTHORIZE AD FOR BIDS (4 -TON ASPHALT ROLLER) H. Vehicle #131, Authorize Ad For Bids (4 -Ton Asphalt Roller) --As a part of the approved 1990 budget, Department 22 (Streets) was allocated $40,000 to purchase a new self-propelled asphalt paver to perform larger overlays and patches. After many demonstrations and a reevaluation of our needs, it is recommended that the approved self- propelled paver be deleted and replaced with a "pull type" paver which attaches to our dump trucks along with a four -ton asphalt roller. It is estimated that these two replacement items would cost approximately the same as the approved self-propelled paver. Therefore, authorization is requested to solicit formal bids for the purchase of a 4-5 ton asphalt roller under the approved 1990 budget. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the advertisement for bids for Vehicle #131 (4 -ton asphalt paver) with a bid opening to be held at 11:00 a.m., on August 17, 1990. RECEIVE BIDS.rAWARD CONTRACT (SIBLEY TERMINAL INDUSTRIAL PK) I. Contract 90-08, Receive Bids/Award Contract (Sibley Terminal Industrial Park - Storm Sewer) --At 10:00 a.m., on August 3, 1990, formal bids were received for the installation of storm sewer facilities within the Sibley Terminal Industrial Park. Enclosed on page _11— is a tabulation of the bids received with a comparison of the low bidder to the estimate contained in the feasibility report presented at the public hearing for the respective project as well as a comparison to the engineer's estimate based on the preparation of detailed plans. The City Attorney's Office has been actively pursuing the acquisition of the necessary easements for this project to proceed. All easements have been acquired except for one. The Quick Take Notice for this easement has been filed with the court and the possession date of October 3, 1990, has been identified. The contract documents prepared for the project are worded such that a contract award can proceed with the October 3, 1990, date specified as the possession date for this particular area of construction. What this means is that the City is protected from claims for extras/damages from the contractor for this particular area of construction because it is not available until the October 3, 1990, date. These bids will be reviewed in further detail for compliance with bid specification requirements, and any deviations will be discussed at the Council meeting on August 7. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 90- 08 (Sibley Terminal Industrial Park - Storm Sewer) and award the contract to the lowest responsible bidder. [ (,a SIBLEY TERMINAL INDUSTRIAL PARR CITY CONTRACT NO. 90-08 CITY PROJECT NO. 578 EAGAN, MINNESOTA 1990 11 BID TIME: 10:00 A.M. BID DATE: AUGUST 31 1990 CONTRACTORS TOTAL BASE BID 1. Brown and Cris $ 185,898.97 2. Danner, Inc. 220,350.57 3. F.F. Jedlicki, Inc. 221,629.00 4. Richard Knutson 228,452.00 5. Northdale Construction 236,031.50 6. Burschville Construction 236,628.67 7. G.L. Contracting 258,303.84 LOW BID with Alternate $ 185,898.97 Alternate Bid $ 27,504.82 Feasibility Estimate without Alternate $ 150,675.00 Engineer's Estimate -without Alternate $ 160,000.00 with Alternate 179,000.00 % Over (+) Under (-) F.R. without Alternate + 5.1% % Over (+) Under (-) E.E. without Alternate - 1.0% with Alternate + 3.9% 11 Agenda Information Memo August 7, 1990, City Council Meeting APPROVE CHANGE ORDER #1 (RAHN RD) I Contract 90-04, Approve Change Order #1 (Rahn Road) --As the Council may recall, when the bids were received for Project 584, they exceeded the estimate contained in the feasibility report by 28%. Although a major portion of this related to the expanded scope of the Utility Renewal and Replacement Program financed through the Utility Enterprise Fund, concern was expressed regarding the impact on special assessments to adjacent properties. Subsequently, staff reviewed numerous details associated with this project to determine where a cost savings may be incurred. In addition to specific direction being given to the contractor to minimize the restoration requirements, it was determined that the savings could be incurred by changing the type of aggregate base from a crushed limestone to a sand and gravel aggregate base. This change in aggregate base will have a positive impact on reducing the assessments to the adjacent property owners. Therefore, Change Order #1 for a deduct of $38,610 is being presented to the Council for formal approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 to Contract 90-04 (Rahn Road) and authorize the Mayor and City Clerk to execute all related documents. ACKNOWLEDGE COMPLETION/FINAL PYMTfLEXINGTON WAY K. Contract 89-18, Acknowledge Completion/Authorize Final Payment (Lexington Way - Streets & Utilities) --City staff has received a request for final payment from the contractor for the above -referenced public improvement along with a certification from the consulting engineer that the work was performed in accordance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and are found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 3rd and final payment for Contract 89-18 (Lexington Way - Streets & Utilities) in the amount of $35,776.40 to L,andwehr Heavy Moving, Inc. ACKNOWLEDGE COMPLETIONIFINAL PYMT/ARMSTRONG BUSINESS CTR L. Contract 89-15, Acknowledge Completion/Authorize Final Payment (Armstrong Business Center - Utilities) --City staff has received a request for final payment from the contractor for the above -referenced public improvement along with a certification from the consulting engineer that the work was performed in accordance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and are found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 3rd and final payment for Contract 89-15 (Armstrong Business Center - Utilities) in the amount of $2,240.00 to Ceca Utilities, Inc. 18 Agenda Information Memo August 7, 1990, City Council Meeting ACTQ;OWLEDGE COMPLETIONIFINAL PYMTIBRIDLE RIDGE 2ND ADDN M. Contract 88-X, Acknowledge Completion/Accept for City Maintenance (Bridle Ridge 2nd Addition - Streets & Utilities) --The public streets and utilities necessary to service the above -referenced development were designed and installed privately by the developer under the terms and conditions of the Bridle Ridge 2nd Addition Development Agreement. These public improvements have now been completed and inspected by representatives of the Public Works Department and found to be in compliance with the development plans and specifications. The developer is requesting formal Council acknowledgement of their completion and the City's assumption of the perpetual maintenance responsibilities subject to the warranty provisions of the Development Agreement. Staff has reviewed all related information, concurs with the developer's request and recommends favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To acknowledge completion of Contract 88-X (Bridle Ridge 2nd Addition - Streets & Utilities) and authorize the assumption of perpetual maintenance by the City subject to the appropriate warranty provisions of the Development Agreement. CHANGE ORDER #1 ORTHVIENV PARK IMPROVEMENTS N. Contract 89-17, Change Order #1 (Northview Park Improvements --This Change Order as proposed by staff provides for the reconstruction of the parking lot and some minor storm sewer modifications to the Fire Station #3 site. Staff is proposing this Change Order to the North-6ew Park improvements because of the similar nature of the two improvements. The proposed construction has been reviewed by representatives of the Fire Department and falls within the budget limitations allocated for the project. ACTION TO BE CONSIDERED ON THIS ITEM: Approve Change Order #1 to Contract 89-17 (Northview Park Improvements) in the amount of $22,226 and authorize the Mayor and City Clerk to execute all related documents. l`I August 7, 1990, City Council Meeting RECEIVE PLANSlAUTHORIZE AD FOR BIDS(GALAXIE CLIFF PLAZA 2ND ADDN O. Contract 90-01, Approve Plans & Specifications/Authorize Ad For Bids (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities) --Contract 90-01 provides for the installation of streets and utilities necessary to service the Galaxie Cliff Plaza 2nd Addition as well as provide for the extension of Plaza Drive to its connection with Galaxie Avenue opposite West Wind Trail. ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans and specifications for Contract 90-01 (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities) and authorize the advertisement for a bid opening to be held at 10:00 a.m., Friday, August 31, 1990. NOR Agenda Information Memo August 7, 1990 City Council Meeting FINAL PLAT/AUTUMN RIDGE P. Final Plat, Autumn Ridge --Documents relative to the final plat for Autumn Ridge are being processed by both the applicant and the Department of Community Development. If the agreements are properly executed and all conditions have been met, the final plat will be in order for approval at the August 7, 1990 City Council meeting. If not, a recommendation to continue this item will be made at the time of the adoption of the agenda for the meeting. Enclosed on page is a copy of the final plat as it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Autumn Ridge. -I ( � i • ,. e 'i • i I �Or t° s4D , � � i I 1 C I I i i �• q. to 1 • f I n' ; g S: ,r` � � � � k I � • li � I • t ; � �� • I '� SII r '/ to r • /I p .•• Z 1 Al i ` •wr ° 1 1--- �10, WT ---J V y f � 410 VIA i— __ r J• n s. 1 "I Y Z. , ! • I I t l I� .. I I j � � w w- �° � I 1Y II 1 ! ', • I I (11 f l I ,t N, r' ,,i • �I � N Iii ! I� • r',i • flI '! II• it s•� 1- � I � • �� t M � � i i j I L ;� I a Yi I � a • i I ! I t, �. IF I 1• I I I � r� al li N i.. • I i1lf� n1'�_s•/•/"-- i;`�•Jz•_-1i,_ it ••..'�I I , p:.' til • ' ! I ,�...+ e! � �. s': �. ,ice ^•�_L,•�, i -A.iio-r _ _� ei �:i.w•• b'•w loll t v- y.n•�� •ii> ~4 r �� .f Y11 �� I r 1 r �•' ( w'eY'F' -1 f am 6��4 r/�:. • p �� ° 11 j I I; r� - c • •r• 1 .� ro jll �• r l._-- ------ X+ • tv ilk ! I Y I • w, Y1 1 R ~ / 1 Ell i °•1 / 9 I t I ryll e- V i Irk, '�jn♦ i � Agenda Information Memo August 7, 1990 City Council Meeting NOMINATIONICHAMBER OF COMMERCE REPRESENTATiVF.J EAGAN ICE ARENA COIN MITTEE Q. Nomination, Chamber of Commerce Representative/Eagan Ice Arena Committee --At its regular meeting of July 10, 1990, the City Council approved a series of nominations to the Eagan Ice Arena Committee, but acted to request the Chamber of Commerce reconsider its nomination as a consequence of concerns raised at the meeting. Councilmember McCrea drafted correspondence to the Chamber expressing these concerns. Enclosed on pages ;2� through v?�is correspondence from the Chamber resubmitting their nomination of Bea Blomquist as their representative on the Eagan Ice Arena Committee. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the Chamber of Commerce nomination of Bea Blomquist to be their representative on the Eagan Ice Arena Committee. �_3 waff NORTHERN DAKOTA COUNTY '.NM CHAMBERS OF COMMERCE $06"n1301 Corporate Center Drive #116 Eagan, Minnesota 55121 612-452-9872 11111911cou Serving Eagan Chamber of Commerce Mendota Heights Chamber of Commerce @ EE 0 � l ? � M rws�rfluwT —. � Rosemount Chamber of Commerce ; West St. Paul Chamber of Commerce JUL , 6 } and the Cities of Liiydale, Mendota and Sunfish Lake `. July 250 1990 N Mayor Tots Egan 2969 Inland Road Eagan, Mn 55121 Dear Mayor Eagan: The Eagan Chamber of Commerce respectfully would like to re -submit the nomination of Bea Blomquist to the Ice Arena Advisory Committee. Upon careful reflection, the Eagan Chamber cites Ms. Blomquist's dedication, hard work and achievements as overwhelming criteria. She brings to the Ice Arena Committee a superior knowledge of the community as well as the importance the Eagan Chamber puts on the successful resolvement of this issue. While we realize that the City Council has final resolution of the appointees, and that we will abide by that decision, we ask that the Council put aside personal and political differences and respect our input. Sincerely, Jerry Marko, President Eagan Chamber of Commerce cc: City Council City Administrator ✓ Daniel A. Aberg Executive Director a� *927 IT. MAX July 25, 1990 Ms. Pam McCrea 4871 Safari Court Eag.tn, Mn 55123 NORTHERN DAKOTA COUNTY CHAMBERS OF COMMERCE 1301 Corporate Center Drive #116 Eagan, Minnesota 55121 612-452-9872 Serving Eagan Chamber of Commerce Mendota Heights Chamber of Commerce Rosemount Chamber of Commerce West S1 Paul Chamber of Commerce and the Cites of Lilydale. Mendota and Sunfish Lake No. RE: YOUR LETTER OF JULY 11, 1990: BEA BLOMQUIST NOMINATION Dear Ms. McCrea: Thank you for bringing to my attention a matter that you feel very strongly about. I appreciate your giving the Eagan Chamber time to re-evaluate our nominee. Upon careful reflection, the Eagan Chamber has decided to abide by its earlier decision and will re -submit Ms. Blom- quist's nomination to the Ice Arero Advisory Committee. The initial reasons for nominating Ms. Blomquist still stand; i.e., her past accomplishments and the dedication she has continually displayed in her Chamber activities. Ms. Blomquist has repeatedly shown a tremendous knowledge of the community and has achieved many honors including the most recent prestigious Athena Award. I would ask that you and other members of the Council put .side personal and political differences and respect our decision to submit Ms. Blomquist's name. In closing, I realize that this is a difficult decision for you. Let me assure you that the Eagan Chamber will abide by the Council's decision. Sincerely, Daniel A. Aberg Executive Director DAA: db cc: Mayor & City Council f,City Administrator & City Attorney Agenda Information Memo August 7, 1990 City Council Meeting RATIFICATIONfNAME CHANGE CITIZENS RECREATIONAL FACILITY COMMITTEE R. Ratification of Name Change to Citizens Recreational Facility Committee --At its meeting of July 11, 1990, the Eagan Ice Arena Committee recommended changing the name of the group to the Citizens Recreational Facility Committee. This recommendation came as a result of discussions by Committee members concerning the nature and scope of facilities which might be considered in connection with an ice arena for the City. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ratification of a name change of the Eagan Ice Arena Committee to the Citizens Recreational Facility Committee. CERTIFICATiONTELECTION TLTDGES/PRT-NlLARY ELECTION S. Certification, Election Judges for Primary Election --This year's primary election is scheduled for Tuesday, September 11, 1990. It is necessary for the City Council to approve a list of election judges for this election. A list of the judges is enclosed on page 24 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the certification of election judges for the primary election of September 11, 1990. APPROVAL LIST OF JUDGES TO WORK PRIMARY ELECTION SEPTEMBER 111 1990 DEMOCRAT REPUBLICAN Jean Fontaine Sandi Anderson Marge Jacobs Barbara Shields Lois Agrimson Lynn J. Fieman James Driscoll Marilyn Holm Iona Ray Evelyn Cota Rita Dandurand Fran Bohn Gladys Byrnes John Bellows Joan Bohlig James Kennedy Irene D. Kreidberg Helen Kenndy Patti Benjamin Ruth Twomey Marti Ann Guetzlaff Judy Peterson Nancy Strom Judith Mundahl Nancy Hendren Dorothy Peterson Sharon Astelford Dorothy Lemay Tracy Jones Sharon Schoeller Marilyn Porter Margaret Schreiner Neal Black Lorraine Rieger Lyle Severson Vivian Jackson Judith Miller Lila Bergh Sonya Larson Barbara Schreiner Marie Lane Kirstin McCleary Gloria Czycalla Judy Saima Phyllis Ligman Kris Thayer Eleanor Bruce Anne Sullivan Jean Kimber Robert Manning Marilyn Legler Al Jarvi Carol Vihovde Helen Jarvi Ann Ouradnik Edith Drake Karen Uecker Julianne Keller Bill Skar Karen Flood Mary Teske Beatrice Cooper Marie DesLauriers Sharon Orth Mark Olson Joann Arbour Barbara Linert Leo Amundson Ethel Groff Elinor Villelli Georgia Cummings Anthony Villelli Carolyn Thurston June Nelson Aurelia Poppler Kay Dodge Patricia Kaeder Sharon Hanson Rose Vimr Janet Schuetze Gary Dodge Mary Kellner Joanne George Emily Rodich Darleen Formanack Orlean Garness Emily Medin Stella Lundquist Adeline Buehler Pauline Legendre Michelle Skindelien Frank Hamernik Mary Jane LaRock Pat Rask Barb Nuttall Oliver McCulloch Lynn Prazak Jan Giefer June Ketcham Mildred Hartelben Agenda Information Memo August 7, 1990 City Council Meeting LICENSEJOFFSALE MALT LIQUORIDUCKWOOD 66 T. license, Off -Me Beer, Duckwood Phillips 66 Company, 3575 Pilot Knob Road—The City has received an application from Phillips 66 doing business as Duckwood 66 at 3575 Pilot Knob Road for a non -intoxicating malt liquor license. All applications are in order and the Police Department has completed its investigation in this matter. Enclosed without page number for your review is a copy of the application as presented. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the application by Duckwood 66 for an off -sale non -intoxicating malt liquor license for property located at 3575 Pilot Knob Road. STAGE 2 AIRCRAFT NON -ADDITION RULE U. Request that Metropolitan Airports Commission Consider Stage 2 Non -Addition Rule - In action taken at its Tuesday, July 10, 1990 meeting, the Eagan Airport Relations Committee recommended that the City Council endorse a Stage 2 non -addition rule similar to that being considered at Los Angeles National Airport for consideration by the Metropolitan Airports Commission's Stage 3 utilization working group. Information with respect p this recommendation is included in the staff memorandum which is enclosed on pages c C7 through for your review. The MAC Stage 3 utilization working group has been charged with the task of identifying strategies to encourage the use of Stage 3 aircraft at Minneapolis/St. Paul International Airport. By implication, this also relates to a reduction of the use of noisier Stage 2 aircraft. 'One strategy to encourage such a reduction is being considered by the Los Angeles Board of Airport Commissioners in the form of a Stage 2 non -addition rule which would freeze the operations of Stage 2 aircrafts at current levels and set targets for phasing out their use by the end of 1999. Many cities and airports are paying close attention to developments at Los Angeles International to see if airlines challenge the policy and to see if federal government responds by instituting a federally mandated Stage 2 phase out deadline. While discussions will need to continue on the relationship of operations to land use, no single aspect of the airport noise issue could have as much of an effect as dramatic reductions in the use of Stage 2 aircraft. The committee's recommendation would be to communicate an endorsement of a Stage 2 non -addition rule to the MAC Stage 3 utilization working group either by direction for staff correspondence or preparation of a resolution reflecting Council endorsement. • Agenda Information Memo August 7, 1990 City Council Meeting ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recommendation of the Airport Relations Committee endorsing the Stage 2 non -addition rule concept to the Metropolitan Airports Commission Stage 3 utilization working group. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: JULY 18, 1990 SUBJECT: AIRPORT RELATIONS COMMITTEE RECOMMENDATION - STAGE 2 AIRCRAFT NON -ADDITION POLICY In action taken at its Tuesday, July 10, 1990 meeting, the City Council endorsed review of a Stage 2 Aircraft Non -Addition Policy similar to that being considered by Los Angeles International Airport to the Metropolitan Airports Commission for its review. You will find an article attached to this memorandum which briefly outlines the policy as it is being considered by LAX. In particular, the policy would set target dates resulting in a complete phase-out of Stage 2 night operations by January 1, 1996 and a complete phase-out of all Stage 2 operations by January 1, 2000. While the Los Angeles Board of Airport Commissioners stopped short of adopting this policy as an ordinance of the airport, it has expressed its serious intent to encourage compliance with the interim target levels in anticipation of complete phase-out. One consequence of LAX's consideration of this policy is that Secretary of Transportation Samuel Skinner has indicated an intention to develop a federal noise policy regarding Stage 3 aircraft by January 1, 1991 and that the policy will probably include a date certain for the phase-out of Stage 2 aircraft on a federal level by the end of 1999. Many noise -affected communities are watching developments at LAX very carefully. It was the feeling of the Airport Relations Committee that if local decisions of this kind would tend to encourage the implementation of a federal policy similar to that described, that it should be strongly considered by the MAC as well. While the City does not have the staff resources or expertise to completely analyze the potential effects of the Stage 2 non -addition policy, the MAC is sponsoring the work of a Stage 3 Working Group whose charge is to review policies and mechanisms which would tend to bring about the elimination of Stage 2 aircraft and introduction of Stage 3 aircraft at MSP. This group would have the resources and interdisciplinary perspectives necessary to review this policy. Therefore, in making its recommendation, the Committee did not go into significant detail concerning the policy, but rather is recommending it in its general intent to the Council for recommendation to the Metropolitan Airports Commission Stage 3 Working Group. If you have any questions concerning this information or the recommendation, please let me know. 0 ACTION REQUESTED OF recommendation of the Stage 2 non -addition International Airport Working Group. THE COUNCIL: To Airport Relations rule similar to for consideration Assi ant to the City Administrator Attachment JH/vmd 3 l approve or deny the Committee to endorse a that at Los Angeles by the MAC's Stage 3 Airport Noise Report :1 A biweekly update oa litigation, regulations, and technological developments Volume 2, Number 11 June 11, 1990 Los Angeles Ini'l Airport L.A. APPROVES NON -ADDITION POLICY; ABX SEEKS BAN ON NEW LOCAL NOISE RULES Frustrated by the slow pace of federal efforts to adopt it national noise policy, the Los Angeles Board of Airport Commissioners took maners into its own hands May 31 approving a policy that sets a six month moratorium on the introduction of additional Stage 2 operations at Los Angeles International and Ontario Intetma- tional airports while more comprehensive noise rules can be developed that would require the complete phaseout of night Stage 2 operations by 1996 and the cessation of all Stage 2 operations by 2000. In the face of strong pressure from the air transport industry and threats from the Federal Aviation Administration that it may withhold grant funds, the airport board backed down from approving the non -addition policy as a rule, as originally planned, and agreed to conduct additional economic analysis of the proposed rule and to give the FAA 60 days to review it ATA officials contended that only the L.A. City Council can pass enforceable Hiles for the airport, But, L.A. officials are still studying the issue of enforceability of the policy, according to Clifton Moore, director of the L.A. Department of Airports. He said that department officials were in the process of determining whether they may be (Continued on p. 90) Los Angeles, from p. 85 able to enforce the policy through contractual relations with the air carriers pease and operating agreements). The policy, he said, "will be used to try to set a pattern and encourage the airlines' participation" in the phaseout Dale McDaniel, deputy assistant administrator for the � a dune 11, mqu FAA's Office of Policy, Planning and International Avia- tion, told AA'R that FAA's response to attempts by L.A. to enforce the non -addition policy will depend on what action the department takes. The airport board will ask the Los Angeles City Council to adopt the Stage 2 non -addition policy as a regulation and make the effective date retroactive to June 1, the date on which an ai-j nn board -enacted regulation would have become effective, according to Maurice Laham, airport environmental coordinator for the L.A_ Department of Airports. He said he hopes the City Council will enact the regulation by the end of the year. Serious Concerns McDaniel told the L.A. Board of Airport Commissioners at their May 31 meeting that "there are serious concerns [about LA.'s action] all the way to the highest level of the Department of Transportation." He said that the potential cost of the noise rules w the travelling public and the air t mnspcn industry "is ext: eme." The air cargo md, sem• is convinced that the noise rules would drive cargo ca-:;-_rs out of LAX a Ontaric airports. The day after the L.A. airport board met, the chairman of Airborne Express wrote Secretary of Transportation Samuel Skimmer urging him: to immediately impose a moratorium on the adc,7:1or of ani• nev. local noise rules until the federal goverrrnerrs' noise po'icy is adopted, to declare its inten- tion to get the policy out within six to eight months, to declare thz: Lhe adoption of new lora; noise rules will interfere witlh interstate and foreign commerce and be challenged b,. DOT, and' to direct the debate on the poli: } . But L.A.'s Moore is also seeking the quick issuance of a nado.a noise policy, and McDaniel tried to assure the airport board &,at FAA was moving quickly to that end. He said Lhat the federal government is "accelerating its pace" of noise poli,} development and that FAA Adminis- trate: James Busey "intends to lead a national discussion of the noise issue which will result in a more specific, program by the end of the yea." An FAA spokesman said that Busey may make an announcement within the next three weeks on how the national dialogue on noise policy development will be conducted. Moore said that the airport board's action "set in motion a process," add -ng "it will give us time to review what is happening at the federal level." The airport board "feels that a national policy would be best." and hopes that the federal government will "clarify the situation" regarding the phaseout of noisier Stage 2 ai cmt, he said. Some industry observers speculate that Moore's action w•as a well-planned move designed to put pressure on DOT to issue a viable noise policy. L.A. officials said that their action was sparred by watching other airports impose Stage 2 phaseouts. FAA Warning An ATA official called L.A.'s noise contour data on the new noise rules'Srather simplistic" because it had failed to 91 consider the alternative of not imposing the new rules. At the May 31 meeting, McDaniel argued that the L.A. Department of Airports had failed to provide adequate opportunity for public comment on the proposed action; that it failed to provide sufficient analysis of the proposed regulations and their environmental and economic conse- quences; that it failed to consider the opera:jors restriction on Stage 2 air -craft in the broader context of a "complete airside,Randside program" of noise mitigation that would consider alternative ways to mitigate aircraft noise; and that L.A.'s action would encourage other airports to take similar action. "We hope that the Board does not intend to test [FAA] on Oat portion of the [national trartsponat.ion policy] which commits the Department of Transportation to prevent unwarranted restrictions. We are prepared, if necessary, to contemplate appropriate means to prevent such restrictions including enforcing grant assurances or through legal remedies. But that is not a course we seek," McDaniel told the board in prepared remarks. McDaniel said the FAA wanted L.A. to address the fol- lowing questions in its economic analysis of the proposed noise rules: - What costs are estimated, and how many pule would benefit^ - Why was a date of the year 2000 selected for the Stage 2 phaseout? • -hat is the impact on individual operators and collec- tively, on the transportation of people and goods? • What is the airport's perceive liability with and without the actions proposed? - What are the benefits of phasing out nighttime opera- tions on a rapidly accelerated schedule? • V+'hat are the costs and competitive consequences of such a proposal? - Could any cargo carrier continue to operate under a rule which eliminates Stage 2 operations between l am. and 6 a.m.? The economic analysis of the proposed noise regulation should be furnished to interested parties prior to public bearings, McDaniel said. Airline sources predicted that the impact of the new noise miles on competitiveness among air lines could be a major issue in DOT's determination of how to respond to them because the rule is coming in at a point when marc} airlines have str=hed their Stage 3 aircraft to the limit trying to comply with Stage 2 phaseouts at other airports. L.A. officials are also determining whether the% must phare environmental assessments for the proposed rules to meet state environmental quality requirements. ATA Objections Officials of cities near LAX and Ontario airporrs ap- plauded the board's action, but ATA officials attending the board meeting contending it was unnecessary. The percent- age of Stage 3 operations at the two airports is "well ahead' of the national average, Karen Mills -Alston, western Airvon 1�niv Retort 1� 33 Airport 1Voise Report regional director of governmental affairs for ATA, argued. Currently about 42 percent of the national commercial fleet is Stage 3, but 59 percent of operations at LAX and Ontario airports are with Stage 3 aircraft, she said. An all -Stage 3 fleet remains the goal of the airline industry, she said, but will take "significant time and dollars to reach." Approximately 2,181 Stage 3 aircraft have been ordered or optioned recently for the U.S. fleet At a cost of more than S90 billion with delivery dates extending to 1995, Mills -Alston said - "At the present time, the air carriers have ordered Stage 3 aircraft at a rate the manufacturers are struggling to accommodate." Therefore, she said, ATA opposes any rule that "imposes such extraordinary pressure on an industry that has done all that is reasonably possible to be environmen- tally responsible members of the community." An ATA official said that, while L.A. may not be trying to impose a severe burden on the airline industry, he could not envision any other consequence from the imposition of the proposed noise rules. Non -Addition Policy, Proposed Ordinance Under the non -addition policy, carriers can only continue Stage 2 operations that were in effect for one year, between June 1, 1989, and June 1, 1990, or additional planned operations that appeared in the Official Airlines Guide on or before June 1. The proposed noise ordinance, which must undergo a public comment and hearing process, would require air carriers revenue flights at LAX to have at least 25 percent of their aircraft fleets service the airport to be Stage 3 by Jan. 1, 1991; 50 percent by Jan. 1, 1994; 75 percent by Jan. 1, 1996; and 100 percent by Jan. 1, 2000. New entrants at LAX after June 1, 1990, would have to operate quieter Stage 3 aircraft. Air carriers using Stage 2 aircraft at LAX would face increasingly restrictive hours of operation if the new noise regulation is adopted. Stage 2 operations would be banned from 1 a.m. to 6 a.m. beginning Jan. 1, 1991. On Jan. 1, 1994, the prohibited hours would increase to midnight to 6 am., and on Jan. 1, 1996, the operating window would be further reduced to midnight to 6:30 a.m. Between Jan. 1, 1996 and Jan. 1, 2000, only Stage 3 aircraft could operated at LAX between midnight and 6:30 A.M. The prosed ordinance would cover civil air carrier revenue flights with aircraft exceeding 75,000 pounds. Violation of the ordinance would result in loss of operating rights. The proposed noise rule would provide variance procedures from the fleet mix requirements and waivers from the phaseout deadlines for very small foreign carriers with service to points outside the United StateS.A 3 `� Aj r art Washington National .1,33'. Boston Salt Lake City San Diego M5Y Stage .5 NN OrKing vruup Summary of Daytime and Nighttime Restrictions on Aircraft Types at Surveyed Airports Davtime Restrictions Nighttime Restrictions Proposed Stage 3 5-c's bei ruing in 1M. Current limits from 10:00P•7:OOA restrict Goal of 10017c Stage 3 by 1998. No takeoffs to < 72 dBA (A:520,7577), lan dints l/ enforcement decided upon. to < 85 dBA (MD -80,'157A320), according to Part 36 certification data. Noise Per Scat Index or maximus Stage 3 5-c, based on 1954 baseline. No reductions in index over time. No limns. Proposed all' Stage 3 by 1999,65'1'c by 1991 Derver Noise budget put in place in 1987. No reductions over time (rapid decline in total cps have reduced budget's effect). Looking to increase allocation for small carriers. Cincinnati Stace 3 ops only on new runway. -;lip Noise budget gives each carriers I square mile of Ldn contour. No reduction over time, La Guardia Pr.pcsed .A;; Stage 3 by 2000 112 PNdB limit on ali ops (n:)effect). 1.51X -mile perinneter rule has some effect. Newark Proposed .All Stage 3 bN 2Ot}O. 112 PN -dB 1:...t (nc effectl. St. Louis No Emits. Houston No limits. Intercontinental Chicago O'Hare Stage 2 phaseout schedule under cons) de, Seattle Proposed 'nearly' 10d -'c Stage 3 by 2001. Page 1 of 2 35 Stage 3 only from 11:00P -?:DOA, cargo o; from base period grandfathered. No limits No takeoffs from 11:30P -6:30A. Stave ? takeoffs only from 6:30A-7:OOA, 10:OOP- 11.30P. 10 dB penalry in noise budget calculatior.. Stage 3 ops only on new ruaway. Limits takaoffs to < 72 dBA and landings to < 85 dBA from 11:00P -6:30A. No Stage 2 ops from 12:00M -6:00A except grandfathered flights based on August 1989. Stage 2 ops frozen at August 1989 levels. No limits. No limits. No limits. Working to restrict Stage 2 ops from 12:00M -6:00A. Agenda Information Memo August 7, 1990, City Council Meeting ACKNOWLEDGE COMPLETIONIFINAL PYMTIALDEN POND V. Contract 88-34, Acknowledge Completion/Authorization Final Payment (Alden Pond - Streets & Utilities) --City staff has received a request for final payment from the contractor for the above -referenced public improvement along with a certification from the consulting engineer that the work was performed in accordance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and are found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 6th and final payment for Contract 88-34 (Alden Pond - Streets & Utilities) in the amount of $31,816.32 to Fredrickson Excavating Co., Inc. APPROVE PLANS & SPECIFICATIONSIAD FOR BIDSTARK CTR & RUSTEN RD) W. Contract 90-11, Approve Plans & Specifications/Authorize Ad For Bids (Park Center & Rusten Road - Streets & Utilities) --Contract 90-11 incorporates Project 583 (Park Center) and Project 577 (Rusten Road), Streets & Utilities. These projects were authorized by public hearings held on December 17, 1989, and November 5, 1989, respectively. At that time, detailed plans and specifications were ordered for preparation. Project 577, Rusten Road, was previously bid in the fall of 1989 but the bids were rejected due to the excessive bid prices received. As a result, the Rusten Road project had been put on hold until a significantly larger project was developed in that area which the Rusten Road project could be combined with. The plans for both Project 577, Rusten Road, and Project 583 (Park Center) are completed and are being presented to the City Council for consideration of authorizing a formal solicitation of bids for subsequent consideration of contract award. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for Contract 90- 11 (Park Center & Rusten Road - Streets & Utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Friday, August 31, 1990. 31 Summary of Daytime and Nighttime Restrictions on Aircraft T,pes at Surveyed Airports A! -Dort Da%timt Restrictions San Francisco A.i-lines will be at 757c. Stage 3 by 1999. Dare for 100=-c %NU7 be determined b) Jazu&n 1992. Memphis No limits. Detroit No limits. Los Angeles Working towards 1007c Stage 3, but no date set as yet. Page 2of2 3�o Nighttime Restrictions As on January 1990, Stage 2 ops arc restricted from 12:00%1-6:00A. Ie Januar,- 1993, restricted hours wall be 11:00P•7:06.A No limits. No limits. No limits. Agenda Information Memo August 7, 1990, City Council Meeting RECEIVE FINAL ASSMT ROL SCHEDULE PUBLIC HEARING ARMSTRONG BUSINESS CTR X. Project 569, Receive Final Assessment Roll/Schedule Public Hearing (Armstrong Business Center) --The installation of sanitary sewer, storm sewer and water main to service the Armstrong Business Center has been completed, all costs tabulated and the final assessment roll prepared. This roll is being presented to the City Council for their consideration of scheduling a formal public hearing. For the Council's information, the Armstrong Business Center is an Opus development located south of Lone Oak Road, east of Neil Armstrong, and north of Apollo Road. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assessment roll for Project 569 (Armstrong Business Center - Utilities) and schedule a final assessment hearing to be held at 7:00 p.m., September 4, 1990. APPROVE CHANGE ORDER #2,1RAHN RD Y. Contract 90-03, Approve Change Order #2 (Rahn Road) --This Change Order provides for the installation of water main facilities for Project 588, Silver Bell Addition. This project was authorized by Council action at a public hearing held on February 6, 1990. The amount of the water main installation was estimated in the feasibility report at $17,340. The amount of the negotiated Change Order is $13,046. For this reason, staff is recommending this work is best accomplished by a Change Order to Contract 90-04 (Rahn Road). ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 90-04 (Rahn Road) in the amount of $13,046 and authorize the Mayor and City Clerk to execute all related documents. APPROVE CHANGE ORDER #2LJOHNNY CAKE RIDGE RD Z. Contract 89-09, Change Order #2 (Johnny Cake Ridge Road - Streets & Utilities) -- This Change Order contains two parts. Part A of the Change Order provides payment to the contractor for the excavation and repair of an existing 16" gate valve located at the intersection of Johnny Cake Ridge Road and Woodgate Lane North. The existing gate valve developed a slow leak and needed to be repaired. Since the contractor was on site and readily available, it was decided to have them perform the needed corrections. The dollar value for Part A of the Change Order is $728. Part B of the Change Order provides payment to the contractor for the installation of an 8" water main stub to the future street connection with Clemson Drive. During the initial planning stages for Johnny Cake Ridge Road street improvements, the platting procedures for the new Oak Wood School had not yet been completed. Upon final plat approval for the Oakwood Elementary School, easements were obtained for a future street connection 38 Agenda Information Memo August 7, 1990, City Council Meeting to Clemson Drive. To allow for the water main installation without open -cutting the newly constructed Johnny Cake Ridge Road, the water main stub was placed prior to placing the final wear course on the roadway. The dollar value for this portion of the Change Order was $5,081. The Change Order adds $5,809 to the Johnny Cake Ridge Road contract. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 89-09 (Johnny Cake Ridge Road) and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo August 7, 1990, City Council Meeting "PUBLIC'. HEARINGS' GALAXIE CLIFF PLAZA 2ND ADDN (STREETS & UTILITIES) A. project 598, Galaxie Cliff Plaza 2nd Addition (Streets & utilities) --At the July 17 Council meeting, the Council received the feasibility report for the above -referenced project and heduled a formal public hearing to be held on .August 7, 1990. Enclosed on pages T through __LL is a copy of the feasibility report for the Council's information and review during the presentation by staff. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this improvement. In consideration of receiving the petition authorizing the preparation of the feasibility report, the Council required the developer of the Galaxie Cliff Plaza 1st Addition to -solve the negative escrow account balance with the City and to correct all deficiencies ssociated with the installation of streets and utilities within the 1st Addition which were erformed privately. These issues were to be resolved prior to and as a condition of the ;ouncil approving Project 598 at its public hearing on August 7. Enclosed on page is a memo discussing the status of the developer's compliance with these equirements. Jpon completion of a brief presentation regarding this improvement, staff will be available further address any questions or concerns regarding this issue. ►CTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and pprove/deny Project 598 (Galaxie Cliff Plaza 2nd Addition - Streets & Utilities) and, if pproved, authorize the preparation of detailed plans and specs. P Report Galaxie Cliff Second Addition Street and Utilities City of Eagan Minnesota City Project No. 598 July 17, 1990 SEH File No. 90367 0 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, NN 55121 'IN. ATTN. Thomas Colbert, Director vi ruuiic: rvvix5 ,mm 6 9 M& Enclosed is our report for the construction of public utilities within the Galaxie Cliff Plaza, Second Addition. The proposed improvements are feasible and will benefit the adjacent properties. Estimated costs and preliminary assessment roll are included in this report. We would be pleased to meet with you at your convenience, to discuss this report. Sincerely, L ' Leonard C. Newquis , P E. LCN/cmb Enclosure I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the lays � thY tate of Minnesota. DATE: Julv 17 APPROVED BY: DATE: -/— /%-- t o `C -gL' 9402 c W6rks TABLE OF CONTENTS TITLE PAGE TRANSMITTAL LETTER & CERTIFICATION TABLE OF CONTENTS SCOPE FEASIBILITY AND RECOMMENDATION PROJECT DISCUSSION EASEMENTS AND PERMITS PROJECT AREA COST ESTIMATE ASSESSMENTS REVENUE SOURCES PROJECT SCHEDULE APPENDIX A PRELIMINARY COST ESTIMATE APPENDIX B PRELIMINARY ASSESSMENT ROLL EXHIBITS 1. LOCATION MAP 2. PROPOSED SANITARY SEWER AND WATERMAIN 3. PROPOSED STREETS AND STORM SEWER 4. TYPICAL STREET SECTION 5. ASSESSMENT MAP SCOPE This project consists of the construction of sanitary sewer, watermain, storm sewer, street lighting and roadway construction to serve the Galaxie Cliff Plaza Second Addition (see Exhibit No. 1). This project is an extension of Plaza Drive that was constructed in 1989 and will connect to Galaxie Avenue opposite West Wind Trail. The area presently is zoned limited business. FEASIBILITY Based on our study, it is concluded that: 1. The total estimated project cost is $331,600. 2. The project is feasible from an engineering standpoint and will benefit the properties served. 3. The proposed project is in accordance with the City's Master Street and Utility Plan. 4. It is recommended that the project be constructed as proposed in this report and under a single contract. DISCUSSION Sanitary Sewer Sanitary sewer is shown on Exhibit No. 2. The sanitary sewer will be 8 inch sewer pipe. An 8 -inch stub will be extended to serve the triangular-shaped parcel (Parcel 011-27) west of and adjacent to the Galaxie Cliff Plaza Second Addition. Six inch service stubs will be extended for future development of the unplatted Outlots C, D and E in the Galaxie Cliff Plaza Second Addition. S.T _ 4-___ n 4 — The watermain proposed is shown on Exhibit No. 2 and will be 8 -inch diameter pipe. The watermain as proposed will provide a looped system for the dead end watermain installed in 1989 in Plaza Drive. An 8 -inch watermain stub will be extended to serve the triangular-shaped parcel (Parcel 011-27) west of and adjacent to the Galaxie Cliff Plaza Second Addition. Six inch service stubs will be extended for future development of the unplatted Outlots C, D and E. Storm Sewer The storm sewer proposed is shown on Exhibit No. 3. The storm sewer will discharge into Pond AP -14 located in Outlot E. Pond AP -14 receives 50 acres of direct runoff and 85 acres of ponded runoff for a total tributary area of 135 acres. The storage volume of Pond AP -14 is 10.9 acre feet with a normal water level elevation of 912.1 feet and a high water elevation of 919.3 feet and an outflow of 3.4 CFS. A 12 -inch storm sewer stub is proposed to be extended for future use on the triangular-shaped property (Parcel 011-27) located westerly of and adjacent to the Galaxie Cliff Plaza Second Addition. Streets This roadway is an extension of Plaza Drive constructed in 1989. The roadway will be 36 feet wide with 5-618 concrete curb and gutter. The roadway alignment will provide access to the triangular-shaped property (Parcel 011-27) west of and adjacent to the Galaxie Cliff Plaza Second Addition. The typical street section is shown on Exhibit No. 4. This roadway will also provide access to Fire Station No. 5. The developer will grade the roadway to subgrade elevation before utility and streets are installed under a City construction contract. The bituminous wearing course will be installed in 1991. Street Lights Two "shoe box" design street lights are proposed on this project. A 150 -watt and a 250 -watt high pressure sodium fixture is proposed to be installed by Dakota Electric who furnish the poles, fixtures and maintenance service required by the City of Eagan's street lighting policy. 2s Easements and Permits It is anticipated that all easements within the Galaxie Cliff Plaza Second Addition will be acquired at no cost to the City. Easements for the sanitary sewer, watermain and storm sewer stubs to the triangular-shaped property (Parcel 011-27) will be needed. It is anticipated that the easement needed will be approximately 30 feet by 50 feet. If the 30 -foot by 50 -foot easement cannot be obtained, the sanitary sewer, watermain and storm sewer stubs will not be installed. The following regulatory agency permits will be needed: Minnesota Pollution Control Agency - Sanitary sewer extension permit Metropolitan Waste Control Commission Sanitary sewer extension permit Minnesota Department of Health - Watermain extension permit Project Area The following properties will benefit by this improvement and are proposed to be assessed: Note: Outlot C Galaxie Cliff Plaza Addition Outlot D Galaxie Cliff Plaza Addition Outlot E Galaxie Cliff Plaza Addition Parcel 10-03200-011-27 (1) (1) The northwesterly 1/4 Section 32. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates include contingency and legal, administrative, engineering and bond costs. A summary of the costs is as follows: - 3+-0 Note: Sanitary sewer $ 58,900 Watermain 64,600 Storm sewer 89,030 Streets 112,800(1 Street lights 6,270 $331,600 (1) Includes cost of access drive for Fire Station No. 5. Assessments Assessments will be based on final construction costs plus related overhead expenses, estimated to be 30 percent of the construction cost. The assessments will be spread over a ten- year period with the interest rate determined at the time of bond sale. The method proposed to assess all of the costs for this improvement (street utilities and street lighting) to the benefited properties is on an area basis. The area method appears to be more equitable than a front -foot basis due to the irregular parcel shapes and also the disproportionate ratio of the parcel size to the front footage lying adjacent to the roadway. All of the improvements benefit only the adjacent properties and it is proposed that the improvements be 100 percent assessed. The assessable area is shown on Exhibit No. 5. Revenue Sources All of the costs for this improvement will be assessed. Project Schedule Present Report Public Hearing Developer Grade Site Approve Plans and Specifications Advertise for Bids 7-17-90 8- 7-90 8-90 8- 7-90 8-8, 8-15, and 8-22-90 Open Bids Award Construction Contract Construction Begins Substantial Completion with First Lift of Bituminous Placed Final Completion Final Assessment Hearing First Payment Due with Real Estate Taxes (1) Subject to final plat approval. -5a 8-31-90 9- 4-90(1) 9-17-90 11- 1-90 5-31-91 7-91 5-92 APPENDIX A PRELIMINARY COST ESTIMATE GALAXIE CLIFF PLAZA SECOND ADDITION PROJECT NO. 598 �c� 1ANITARY SEWER iESCRIPTION UNIT EST. QTY. UNIT PRICE AMOUNT " SANITARY SEWER 8'-10' DEEP L.F. 400 $ 14.00 $ 5,600 1" SANITARY SEWER 10'-12' DEEP L.F. 250 15.00 3,750 " SANITARY SEWER 12'-14' DEEP L.F. 180 16.00 2,880 1" SANITARY SEWER 14'-16' DEEP L.F. 160 18.00 2,880 1" SANITARY SEWER 16'-18' DEEP L.F. 120 20.00 2,400 1" SANITARY SEWER 18'-20' DEEP L.F. 120 24.00 2,880 1TD. MANHOLE, 8' DEEP EACH 8 1,000.00 8,000 ADDITIONAL MANHOLE DEPTH L.F. 40 120.00 4,800 " SERVICE PIPE L.F. 280 12.00 3,360 IERVICE WYES EACH 8 125.00 1,000 ;ONNECT TO EXISTING SEWER EACH 1 500.00 500 :OCR STABILIZATION C.Y. 300 17.00 $ 5,100 SUBTOTAL SANITARY SEWER PLUS 5% CONTINGENCIES ESTIMATED CONSTRUCTION COST PLUS 30% LEGAL, ADMINISTRATIVE, BOND INTEREST TOTAL ESTIMATED COST ENGINEERING, AND $43,150 2,157 $45,307 13,593 $58,900 WATERMAIN DESCRIPTION UNIT EST. QTY. UNIT PRICE AMOUNT 6" DIP WATERMAIN L.F. 480 $ 18.00 $ 8,640 8" DIP WATERMAIN L.F. 1,150 22.00 25,300 6" G.V. AND BOX EACH 14 320.00 4,480 8" G.V. AND BOX EACH 4 550.00 2,200 FITTINGS LBS. 1,500 1.00 1,500 CONNECT TO EXISTING WATERMAIN EACH 2 800.00 1,600 HYDRANTS EACH 3 1,200.00 $ 3,600 SUBTOTAL WATERMAIN PLUS 5% CONTINGENCIES ESTIMATED CONSTRUCTION COST PLUS 30% LEGAL, ADMINISTRATIVE, ENGINEERING, AND BOND INTEREST TOTAL ESTIMATED COST 5-1 $47,320 2,366 $49,686 14,914 $64,600 STORM SEWER DESCRIPTION UNIT EST. QTY. UNIT PRICE AMOUNT 12" RCP STORM SEWER L.F. 80 $ 20.00 $ 1,600 18" RCP STORM SEWER L.F. 1,350 26.50 35,775 STD. MANHOLE L.F. 130 180.00 23,400 STD. CATCH BASIN L.F. 10 150.00 1,500 CASTINGS EACH 9 200.00 1,800 18" RCP APRON EACH 1 500.00 500 RIP RAP C.Y. 25 10.00 250 FILTER FABRIC C.Y. 50 8.00 $ 400 SUBTOTAL STORM SEWER PLUS 5% CONTINGENCIES ESTIMATED CONSTRUCTION COST PLUS 30% LEGAL, ADMINISTRATIVE, ENGINEERING, AND BOND INTEREST TOTAL ESTIMATED COST $65,225 3,261 $68,486 20,544 $89,030 STREETS DESCRIPTION UNIT EST. QTY. UNIT PRICE AMOUNT MOBILIZATION L.S. 1 $9,040.00 $ 9,040 TEST ROLLING RD.STD. 11 100.00 1,100 CL. 5 AGG. BASE (100% CRUSHED) TON 2,850 8.00 22,800 2341 BIT. MAT. FOR MIX. TON 32 120.00 3,840 2341 MODIFIED WEARING COURSE TON 490 14.00 6,860 2331 BIT. MAT. FOR MIX. TON 32 120.00 3,840 2331 BASE COURSE TON 650 12.00 7,800 TACK COAT GAL. 300 1.00 300 CONC. CURB AND GUTTER L.F. 2,200 7.00 15,400 SODDING S.Y. 230 1.50 345 SEEDING ACRE 3 1,500.00 4,500 MULCH TON 6 600.00 3,600 DISC ANCHORING ACRE 3 600.00 1,800 TOPSOIL C.Y. 200 7.00 $ 1 1400 SUBTOTAL STREETS $ 82,625 PLUS 5% CONTINGENCIES 4,131 ESTIMATED CONSTRUCTION COST $ 86,756 PLUS 30% LEGAL, ADMINISTRATIVE, ENGINEERING, AND BOND INTEREST 26,044 TOTAL ESTIMATED COST $112,800 53 STREET LIGHTING ENERGY COSTS 8.90/LT./MO. X 12 MO./YR. X 5 YRS. = $534 10.95/LT./MO. X 12 MO./YR. X 5 YRS. = 657 SUBTOTAL ENERGY COSTS 1,191 STREET LIGHTS AND 5 YEAR ENERGY COST $ 5,191 PLUS 5% CONTINGENCIES 260 ESTIMATED CONSTRUCTION COST $ 5,451 PLUS 15$ LEGAL, ADMIN*ISTRATIVE, ENGINEERING, AND BOND INTEREST 819 TOTAL ESTIMATED COST $ 6,270 5�� EST. UNIT DESCRIPTION UNIT QTY. PRICE AMOUNT 150 W SHOE BOX LIGHT EACH 1 $ 2,000.00 $ 2,000 250 W SHOE BOX LIGHT EACH 1 2,000.00 2,000 SUBTOTAL $ 4,000 ENERGY COSTS 8.90/LT./MO. X 12 MO./YR. X 5 YRS. = $534 10.95/LT./MO. X 12 MO./YR. X 5 YRS. = 657 SUBTOTAL ENERGY COSTS 1,191 STREET LIGHTS AND 5 YEAR ENERGY COST $ 5,191 PLUS 5% CONTINGENCIES 260 ESTIMATED CONSTRUCTION COST $ 5,451 PLUS 15$ LEGAL, ADMIN*ISTRATIVE, ENGINEERING, AND BOND INTEREST 819 TOTAL ESTIMATED COST $ 6,270 5�� APPENDIX B PRELIMINARY ASSESSMENT ROLL GALAXIE CLIFF PLAZA SECOND ADDITION PROJECT NO. 598 $331,600 NOTES: (1) INCLUDES APPROXIMATELY 1.14 ACRES OF THE SOUTHERLY 135.73 FEET OF FUTURE LOT 1, BLOCK 1 GALAXIE CLIFF PLAZA SECOND ADDITION (2) GALAXIE CLIFF PLAZA ADDITION (3) NORTHWEST 1/4 SECTION 32 PARCEL ASSMT. PARCEL AREA SAN. WATER- STORM STREET TOTAL DESCRIPTION (ACRES) SEWER MAIN SEWER STREETS LIGHTS ASSMT. OUTLOT C(1)(2) 4.81 23,560 25,840 35,612 45,120 2,508 132,640 OUTLOT D(2) 0.75 3,534 3,876 5,342 6,768 376 19,896 OUTLOT E(2) 3.92 19,437 21,318 29,380 37,224 2,069 109,428 011-27 (5) 2.49 12,369 13,566 18,696 23,688 1,317 69,636 $331,600 NOTES: (1) INCLUDES APPROXIMATELY 1.14 ACRES OF THE SOUTHERLY 135.73 FEET OF FUTURE LOT 1, BLOCK 1 GALAXIE CLIFF PLAZA SECOND ADDITION (2) GALAXIE CLIFF PLAZA ADDITION (3) NORTHWEST 1/4 SECTION 32 SE sw BwE i, x �� •' �� HAZE v�GS Peq 1R' ' 04' h •Ix ��j�"",/� !T 3 At– /01 \J � NE U �a SEN STA, f C =„ lii--g..'""A - L' 4�•1� o TF �T l7 r 4 F' 5 n w LA j ti JACDNi.. 39`Jriv E 1 E O e p TR -R YAC RT CT hC `A Lam`, S -. C4/TNfL Q./ ± C I Z f M CT Fj r $ <S lq .LADE SW . A z . �i ai ■ ME .TY sw w RC LIN �.1WQ� a a lll_' {� �" ■ yF. e"A R LARK RD 10E— FO No ' DIFFLET _ R_D: DIFFLEY ROAD (CTe`��1 TERF od h 1 0 5 � v: �. � � � lc�T'MPER � �'':/ � i kk ✓ 9k 1�•. = C""gip t.�l i �AA.� NWI w+ � .. FCs- ` ,1� � I -_ .s. `. ;•,'t3 �; ,,R'; DR E � NW o R' PROJECT LOCATION ZAN -,�A 1 a ■ ■. r STL4 CIA a A IN v A - A' s 51 Ik'EAD-m AAS / �e ESR e L P,,� ■ yam, "D Al CIA ' sw 8R `•a� swl tiAu'\ $W LARD 3 FrIILL r -:tip TRAIL41 i h_ It ow P LLL J �� •M � ..,LA Co R -- I� cT. I(RAMN WAY 1 ; t ^�]'1 ' L.AENT� cl 41 �� ^T z �� TTLE eW NW y - r I \ „Fi•• -..' iif'�� > �►yydl /� Y�.�' A` � L i i � y�td rl°,. oI S PRK }.�C $ 3 TRAIL'A I e`V e , uF x tly'y$ 1G, a W,Lll;v1l.-� a ...� QP "' � � gj_VL�,?;•. ' NVQ" ,(. 1` o Fti L �4. .�•' m"�' �ANR�_J_ Y`teI CL'y - LTP �f V p} - T Lram�" ' ._...T .tea tP FTS E T / 9 ;tT f6UNE PT 1i -SALEM PT • S 2 ANNE P7 Q, ,rL(KSTDNE PT 3 Lu/0 PT N. MAFGu1S PT • iANA 01 IS TRAVERSE PF Y EIp = •. 33 ¢¢u Y• -a `¢!� % i �y�j 4► 5 IfOMESTE A. 17 16• SORREL PT h P '� "1 / ,� ¢•.. �. �.., r� f 6 DSA3f F .�. MIRTA P' Y 1 , 5N�'�weL:i Pr • .STA of - SE sw a �. DEN PT SE :IDR, EN Pi - fes" SVY $W RD ORL Y 1 I 9 GPENAGA P' yj ST"ERN PT- c. T IC. MARKNAM P• 2. - ALTA PT(yi� TNRJSw PT Q. if Wz APPLE ;' VALLEY LOCATION MAP 7-17-90 GALAXIE CLIFF PLAZA 2ND ADDN. ``I -F "` 90367 ANEWEAGAN, MINNESOTA DRG. N0. ENG7NEER51 ARCHITECTS I PLANNERS PROJ. NO. 598 GALAXIE '9 L� OUTLOT A 06 1' AGF 0�1 0 a0 U- OUTLOT B" U � BLOCK 1 �9 PONDING EASEMENT LOT 1 1 � c\l fi Q U OUTLOT C m SCALE IN FEET PARCEL NO. 0 100 200 400 011-27 OUTLOT D PROPOSED SANITARY SEWER & WATERMAIN 7-17-90 ,t' GALAXIE CLIFF PLAZA 2ND ADDN. FILE NC. 90367 AJ : Asaj EAGAN, MINNESOTA DRG. NO ENGINEERS f ARCHITECTS H PLANNERS P R OJ , NO. 598 2 L SCALE IN FEET 0 100 200 460 PARCEL NO, FIRE STATION' 011.27 NO 5 PROPOSED STREETS & STORM SEWER 7.17-90 t GALAXIE CLIFF PLAZA 2ND ADDN. FILE No. 90367 � EAGAN, MINNESOTA DRG. NO Al�Asef I ENGINEERS • ARCHITECTS I PLANNERS P R OJ . NO. 598 3 s�T GALAXIE O Fti G< GF OUTLOT A OA O c / U- OUTLOT B / POND AP -14 U BLOCK 1 Q� 1 PONDING EASEMENT ri LOT 1 v v N ch U v OUTLOT C STREET CJ� m \ LIGI•iT " "-, I -L SCALE IN FEET 0 100 200 460 PARCEL NO, FIRE STATION' 011.27 NO 5 PROPOSED STREETS & STORM SEWER 7.17-90 t GALAXIE CLIFF PLAZA 2ND ADDN. FILE No. 90367 � EAGAN, MINNESOTA DRG. NO Al�Asef I ENGINEERS • ARCHITECTS I PLANNERS P R OJ . NO. 598 3 s�T OR N H. I �9 & J a (o a0 f0 CL N c N a � m co ell)� 0 S �r OR N H. I �9 & J 0 (o a0 f0 CL N c ~ 0 I � m ell)� 0 S �r TYPICAL STREET SECTION AW GALAXIE CLIFF PLAZA 2ND ADDN A� EACAN, MINNESOTA 'AJAsal ENCMEERS ■ ARCHITECTS f PLANNERS P R O J. NO. 598 0 7-17-90 FILE N0. 90367 DRG. N0. 4 (o Z 0 U � _ W _ m m IZ U 0 tw W U Wco 0 n O : 0 U I Q UW (n m ¢ LU N Q 0 W m m Z H W F- Q � 0 C) cn m m< <af� T- Y Lo Z_ Q c�i Chi H N U0 N .- N m AW GALAXIE CLIFF PLAZA 2ND ADDN A� EACAN, MINNESOTA 'AJAsal ENCMEERS ■ ARCHITECTS f PLANNERS P R O J. NO. 598 0 7-17-90 FILE N0. 90367 DRG. N0. 4 0 O Ir LL LL J U N c) 2 C) GALAXIE / A `f` ASSESSMENT MAP Idow AJEAsef I FNCC+NEEDS 6 ARCHITECTS I PLANNERS GALAXIE CLIFF PLAZA 2ND ADDN. EAGAN, MINNESOTA PROJ. NO. 598 7-17-90 FILE N0. 90367 DRG. N0 5 MEMO TO: MAYOR & CITY COUNCILMEMBERS C/O THOMAS L HEDGES, CITY ADMINISTRATOR FROM: MICHAEL P FOERSTCH, ASSISTANT CITY ENGINEER DATE: AUGUST 2, 1990 SUBJECT: PROJECT 88 -PP, GALABIE CLIFF PLAZA IST ADDN STATUS OF INCOMPLETE PUNCH LIST ITEMS Since the July 17 public hearing on Project 598, Galaxie Cliff Plaza 2nd Addition (Streets & Utilities), City staff has been working with the developer of the Galaxie Cliff Plaza 1st Addition to correct all deficiencies associated with the installation of streets and utilities within the 1st Addition. At that time, the City Council directed the developer of the Galaxie Cliff Plaza 1st Addition to resolve all remaining issues prior to the public hearing on August 7 for the Galaxie Cliff Plaza 2nd Addition. At the time of preparation of this memo, the developer had completed a number of the unresolved issues but has not resolved all the outstanding issues. The remaining issues with respect to the street and utility installation are associated with preparation of this site for the installation of the final wear course of bituminous on the street section. On this day, City staff has net with the developer of the Galaxie Cliff Plaza 1st Addition and he has stated that he is actively pursuing resolution of these issues. '"', - -tatu f the remaining issues will be presented to the Council Le, m f the public hearing for Project 598. f� ;tacit City Engineer 7 G LL Agenda Information Memo August 7, 1990, City Council Meeting COUNTRY HOME HEIGHTS (STORM SEWER) B. Project 595, Country Home Heights (Storm Sewer) --On June 19, 1990, the feasibility report for the installation of storm sewer under the above -referenced project was presented to the City C uncil with a public hearing being scheduled for August 7. Enclosed on pages through is a copy of the feasibility report for the Council's information and review during the presentation by staff. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. After a brief presentation, staff will be available to further address any concerns associated with this project. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approN,e/deny Project 595 (Country Home Heights - Storm Sewer) and, if approved, authorize the preparation of detailed plans and specs. (03 Report for Country Home Heights Pond HP -4 Storm Sewer Improvements Project No. 595 Eagan, Minnesota June 1990 File No. 49508 Bonestroo Rosene Anderlik & Associates En8lnasrs 8 Arohlt+e is 8t. Paut Minne wto �o 4 Bonestroo Rosene NEW Anderlik & Associates Engineers & Architects June 11, 1990 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Otto G. Sonestroo. P.E. Robert W. Rosene, P.E. Joseph C. Andedik, P.E. Marvin L. Sorvala, P.E. Richard E Turner, PE. James C. Olson. P.E. Glenn R. Cook, P.E. Thomas E. Noyes, P.E. Robert G. SchuniCht, PE. Susan M. Ebenin, C.P.A. Re: Country Home Heights/Pond HP -4 Storm Sewer Improvements Project No. 595 Our File Nc. 49508 Dear Mayor and Council: Keith A. Gordon. RE. Richard W. Foster, P.E. Donald C. Burgardt, PE. Jerry A. Bourdon, P.E. Mark A. Hanson. P.E. Ted K. Field. P.E. Michael T. Rautmann. P.E. Robert F. Pfefferle. P.E. David O. Loskota, P.E. Thomas W Peterson, P.E. Michael C. Lynch, P.E. James R. Maland, P.E. Kenneth P. Anderson, P.E. Mark R. Rolfs, P.E. Robert C. Russek, A.I.A. Thomas E. Angus. P.E. Howard A. Sanford, P.E. Daniel J. Edgerton. P.E. Mark A. Seip, P.E. Philip J. Caswell, P.E. Ismael Martinez, P.E. Mark D. Wallis, P.E. Thomas R. Anderson, A.I.A. Gary F. Rylander, P.E. Miles B. Jensen, P.E. L. Phillip Gravel III, P.E. Rene C. Plumart, A.I.A. Agnes M. Ring, A.I.C.P. Jerry D. Pertzsch, P.E. Cecilio Olivier, P.E. Charles A. Erickson Leo M. Pawelsky Hanan M. Olson Attached is our report for Country Home Heights Storm Sewer Improvements. The report presents and discusses the proposed utility improvements and includes a cost estimate and preliminary assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss this report. Sincerely, BONESTRO , ROSENE, ANDERLIK & ASSOCIATES, INC. L. Phillip Gravel III LPG:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State 4 Minnesota. (i�� - -V 4)?JU L. Ph llip Gravel III Date: June 12, 1990 Reg. No. 19864 Approved b Department of'Pub c Works Date: Z o 2335 West Highway 36 a St. Paul, M. nesota 5511 612-636-4600 COUNTRY HOME HEIGHTS/POND HP -4 STORM SEWER IMPROVEMENTS EAGAN, MINNESOTA PROJECT NO. 595 TABLE OF CONTENTS Page No. Page 2 RPT49508 6 TABLE OF CONTENTS 2. SCOPE 3. HISTORY 3. FIGURE NO. I - LOCATION PLAN 4• FEASIBILITY AND RECOMMENDATION 5• DISCUSSION 5. STORM SEWER 5. EASEMENTS AND PERMITS 6. COST ESTIMATE 6. AREA TO BE INCLUDED 7. ASSESSMENTS 7. PROJECT SCHEDULE a• APPENDIX A - PRELIMINARY COST ESTIMATE 9. APPENDIX B - PRELIMINARY ASSESSMENT ROLL I0• FIGURE NO. 2 - STORM SEWER LAYOUT FIGURE NO. 3 - PROPOSED ASSESSMENT AREA Page 2 RPT49508 6 COUNTRY HOME HEIGHTS/POND HP -4 STORM SEWER IMPROVEMENTS EAGAN, MINNESOTA PROJECT NO. 595 SCOPE This project provides for the construction of storm sewer to provide drainage to the low points on Egan Avenue, Beam Lane, and Country Home Heights Park (Pond HP -4). The Country Home Heights area is located north of Lone Oak Road and east of Pilot Knob Road (see Figure No. 1). HISTORY This project was previously discussed at a public hearing in February, 1982 as Country Home Heights Storm Sewer Improvements, Project No. 351. At that time, it was also proposed to extend the same storm sewer as proposed herein. However, at that time, it was not proposed to extend the storm sewer in Egan Avenue to Inland Road as presented herein. The estimated project cost in 1981 was $32,680 and was proposed to be assessed to the benefiting lots in Counrty Home Heights. Alternatives were investigated relative to method of assessments and whether the storm sewer should be extended across the park to Beam Lane. Due to the difficulty in determining the method of assessment and the required construction, the project was not approved. At this time, the landowners abutting the park have continued to experience flooding in the spring and during heavy rains. Therefore, the homeowners have requested the City to reconsider the storm sewer improvements. RPT49508 Page 3 61 r 1-494 �.�.,�............. a. � .. � t ! ...E- s tin a Odic' Rd I 0 i..� p _. . Ya kee Doodle Rd Jj Ll Project Location 0 2000 4000 Scale in feet Country Home Heights Pond HP -4 Improvements Location Plan City Project No. 595 { Bonestroo Engineers &Archltects a Acsene Anderiik a l Associates St, Paul, Minnesota Date: June 1990 Comm, 49508 Fig. No. '� FEASIBILITY AND RECOMMENDATIONS The project is feasible from an engineering standpoint and is in accor- dance with the objectives established in the City's 1990 Comprehensive Storm Water Management Plan. The project can best be carried out as one contract or in conjunction with similar improvement projects. The project as recommended herein includes storm sewer service to the low point in Egan Avenue and through Country Home Heights Park to Beam Lane. The scope of the project could be reduced to provide for storm sewer construction to the low point of Egan Avenue only. This alternative would reduce the estimated costs and proposed assessments by approximately 60 percent. Under this alternative, it is assumed that the low point in Beam Lane would be ser- viced with storm sewer when/if the streets in Country Home Heights are sur- faced. DISCUSSION Storm Sewer - A 15 inch storm sewer is proposed to be constructed adjacent to Egan Avenue to its low point near Country Home Heights Park (Pond HP -4). The storm sewer will continue to the east through the park to the low point at Beam Lane and to the south to the intersection with Inland Road. The 15 inch storm sewer will connect to an existing 15 inch storm sewer stubbed beneath County Road 31 (Pilot Knob Road). The proposed storm sewer will provide an outlet and help to relieve a flooding problem that presently exists near Egan Avenue and Country Home Heights Park. Storm water from the low area will flow through the new storm sewer to an existing storm sewer in Pilot Knob Road and discharge to the north into Pond HP -3. Outlet flow from the area will be restricted to 3.0 cfs. The RPT49508 Page 5 (09 area of Country Home Heights Park is a designated pond in the City's com- Lensive storm sewer plan (Pond HP -4). The pond is necessary to retain storm water due to the limited capacity of the existing storm sewer in Pilot Knob Road. It is proposed to develop the pond as a "dry" pond. This would result in the ponds storage only being utilized for short periods after major storms. Pond design information in accordance with the City's 1989 Comprehen- sive Storm Sewer Plan are presented below:. Pond NWL HWL HP -4 891.0 (dry) 896.0 Storage Wet Volume Outflow 7.6 ac.ft. 0 ac.ft. 3.0 cfs EASEMENTS AND PERMITS It is proposed to acquire a permanent utility easement from Lot 4, Block 5 Country Home Heights to eliminate the need for removal of bituminous surface and concrete curb and gutter. The approximate area of this easement is 1,000 square feet. No ponding easement is necessary for Pond HP -4 since the pond is located on City owned neighborhood park property. COST ESTIMATE A detailed cost estimate for this project is presented in Appendix A. The total estimated cost is $57,290. The total estimated cost includes legal, ad- ministrative, engineering, and interest costs of 30x. RPT49508 Page 6 �Q) AREA TO BE INCLUDED Listed below are the properties proposed to be assessed: ASSESSMENT AREA Country Home Heights Block 1; Lots 3 and 4 Block 2; Lot 5 Block 3; Lots 1-3 Block 4; Lots 1-3 Block 5; Lots 1, 3-16 Block 6; Lots 3-8 Block 7; Lots 1-14 Block 8; Lots 3-7, 9, 11 Block 9; Lots 1-9 CONSTRUCTION AREA Country Home Heights Lots 1, 2, & 5; Block 1 Lots 1-4 and 6-9; Block 2 Lots 4-8; block 3 Lots 1 and 2; Block 8 Lot 4, Block 5 Country Home Heights Park (Lots 1 & 2, Block 6 and 8, 10, & 12, Block 8) S.W. 114. Section 3 Parcel 010-51 Parcel 020-51 Parcel 030-51 Parcel 010-50 ASSESSMENTS Lateral Storm Storm Assessments - Assessments for lateral storm sewer are pro- posed to be levied on a square foot basis against the benefited property based on the present Special Assessment Policy Guide. This policy guide provides for assessments for improvements to local neighborhood parkland to be spread against the adjacent properties within the subdivision benefiting from the park. It is proposed to assess the total cost for lateral storm sewer as part of this project ($57,290) on an area basis to those lots within the immediate Pond HP -4 (park) drainage basin. Included in this drainage area are 5 lots which comprise the City Park. Page 7 RPT49508 I ( Listed below is the drainage area used for determining the lateral rate. The estimated assessment rate is determined by taking the total storm sewer cost and dividing it by the drainage area excluding street rights-of-way and park property. Residential Area (sg.ft.� Rate (per sg.ft.p 1,531,201 $0.0374 Final lateral storm sewer rates will be determined by using the actual construction costs. PROJECT SCHEDULE Present Feasibility Report Public Hearing Approve Plans and Specifications Open Bids/Award Contract Complete Construction Assessment Hearing First Payment Due with Real Estate Taxes RPT49508 Page 8 June 19, 1990 August 7, 1990 August 21, 1990 September 18, 1990 Fall, 1990 Spring, 1991 May, 1992 APPENDIX A COST ESTIMATE COUNTRY HOME HEIGHTS/POND HP -4 STORM SEWER IMPROVEMENTS PROJECT NO. 595 I. COUNTRY HOME HEIGHTS PARK STORM SEWER LUMP SUM Locate & connect to existing storm sewer @ $1,000.00/Lump Sum $ 11000 1,170 Lin.ft. 15" R.C.P. Storm sewer @ $25.00/lin.ft. 29,250 1 Each Standard manhole w/casting @ $1,000.00/each 1,000 6 Each Standard CB MH w/beehive cstg. @ $900.00/each 5,400 3 Each Std. Marker Post w/sign @ $40.00/each 120 200 Ton Class 5 aggregate base @ $7.00/ton 1,400 LUMP SUM Clear and grub trees @ $1.000.00/Lump Sum 1,000 600 Sq.yds. Sod w/topsoil @ $3.00/sq.yd. 1,800 1.0 Acre Seed w/topsoil @ $1,000.00/acre 1,000 Total Estimated Construction $41,970 +5X Contingency 2,099 RPT49508 $44,069 30X Legal, Engrng., Admin. & Bond Interest 13,221 TOTAL STORM SEWER ................................... $57,290 Page 9 �3 APPENDIX B PRELIMINARY ASSESSMENT ROLL COUNTRY HOME HEIGHTS/POND HP -4 STORM SEWER IMPROVEMENTS PROJECT NO. 595 I. STORM SEWER Lateral Total Area Rate Lateral Total (s.f.) per s.f. Assmt. Assessment COUNTRY HOME HEIGHTS Lot 3, Block 1 18,060 $0.0374 $ 675.44 $ 675.44 Lot 4, Block 1 (041-01) 4,795 0.0374 179.33 179.33 Lot 5, Block 2 1,600 $0.0374 $ 59.84 $ 59.84 Lot 1, Block 3' 1,550 $0.0374 $ 57.97 $ 57.97 Lot 2, Block 3 6,930 0.0374 259.18 259.18 Lot 3, Block 3 5,680 0.0374 212.43 212.43 Lot 1, Block 4 (022-04) 25,660 $0.0374 $ 959.68 $ 959.68 Lot 2, Block 4 (023-04) 27,185 0.0374 1,016.72 1,016.72 Lot 3, Block 4 28,400 0.0374 1,062.16 1,062.16 Lot 1, Block 5 (020-05) 21,200 $0.0374 $ 792.88 $ 792.88 Lot 3, Block 5 (030-05) 45,278 0.0374 1,693.40 1,693.40 Lot 4, Block 5 36,407 0.0374 1,361.62 1,361.62 Lot 5, Block 5 (051-05) 34,185 0.0374 1,278.52 1,278.52 Lot 6, Block 5 20,180 0.0374 754.73 754.73 Lot 7, Block 5 39,095 0.0374 1,462.15 1,462.15 Lot 8, Block 5 33,723 0.0374 1,261.24 1,261.24 Lot 9, Block 5 (091-05) 35,360 0.0374 1,322.46 1,322.46 Lot 10, Block 5 30,074 0.0374 1,124.77 1,124.77 Lot 11, Block 5 (111-05) 40,040 0.0374 1,497.50 1,497.50 Lot 12, Block 5 46,800 0.0374 1,750.32 1,750.32 Lot 13, Block 5 40,545 0.0374 1,516.38 1,516.38 Lot 14, Block 5 (151-05) 15,840 0.0374 592.42 592.42 Lot 15, Block 5 (152-05) 18,300 0.0374 684.42 684.42 Lot 16, Block 5 (161-05) 36,400 0.0374 1,361.36 1,361.36 Page 10 RPT49508 Lateral Total Area Rate Lateral Total s( f.) per s.f. Assmt. Assessment COUNTRY HOME HEIGHTS - Continued Lot 3, Block 6 27,800 $0.0374 $1,039.72 $1,039.72 Lot 4, Block 6 21,867 0.0374 817.82 817.82 Lot 5, Block 6 27,313 0.0374 1,021.51 1,021.51 Lot 6, Block 6 23,972 0.0374 896.55 896.55 Lot 7, Block 6 30,797 0.0374 1,151.81 1,151.81 Lot 8, Block 6 28,022 0.0374 1,048.02 1,048.02 Lot 1, Block 7 11,510 $0.0374 $ 430.47 $ 430.47 Lot 2, Block 7 (041-07) 15,665 0.0374 585.87 585.87 Lot 3, Block 7 28,887 0.0374 1,080.37 1,080.37 Lot 4, Block 7 (042-07) 25,385 0.0374 949.40 949.40 Lot 5, Block 7 31,846 0.0374 1,191.04 1,191.04 Lot 6, Block 7 31,621 0.0374 1,182.62 1,182.62 Lot 7, Block 7 31,890 0.0374 1,192.69 1,192.69 Lot 8, Block 7 26,615 0.0374 995.40 995.40 Lot 9, Block 7 (090-07) 30,482 0.0374 1,140.03 1,140.03 Lot 10, Block 7 23,329 0.0374 872.50 872.50 Lot 11, Block 7 (110-07) 34,487 0.0374 1,289.81 1,289.81 Lot 12, Block 7 20,490 0.0374 766.32 766.32 Lot 13, Block 7 31,380 0.0374 1,173.61 1,173.61 Lot 14, Block 7 19,400 0.0374 725.56 725.56 Lot 3, Block 8 20,320 $0.0374 $ 759.97 $ 759.97 Lot 4, Block 8 4,050 0.0374 151.47 151.47 Lot 5, Block 8 23,692 0.0374 886.08 886.08 Lot 6, Block 8 40,534 0.0374 1,515.97 1,515.97 Lot 7, Block 8 36,316 0.0374 1,358.22 1,358.22 Lot 9, Block 8 44,200 0.0374 1,653.08 1,653.08 Lot 11, Block 8 32,687 0.0374 1,222.49 1,222.49 Lot 1, Block 9 6,830 $0.0374 $ 255.44 $ 255.44 Lot 2, Block 9 5,640 0.0374 210.94 210.94 Lot 3, Block 9 30,280 0.0374 1,132.47 1,132.47 Lot 4, Block 9 23,560 0.0374 881.14 881.14 Lot 5, Block 9 24,978 0.0374 934.18 934.18 Lot 6, Block 9 22,816 0.0374 853.32 853.32 Lot 7, Block 9 23,040 0.0374 861.70 861.70 Lot 8, Block 9 25,946 0.0374 970.38 970.38 Lot 9, Block 9 _ 30,267 0.0374 1,131.99 1,131.99 TOTALS...... 1,531,201 $57,266.92 $57,266.92 Page 11 RPT49508 -7S - WN ADD Z............ i �x cc -0—i 0 500 1000 ..... .......................................................... .............r---�sariiiiiiiiiiiiiii""IIIIIIIIIIIIIIIllilI ME=MMI Scale in feet Country Home Heights Pond HP -4 Improvements Storm Sewer Layout City Project No. 595 JI Bonestroo Engineers &Archffects U'Rosene MEN Anderilk & " Associates St. Paul, Mlnr**Wa Date: June 19901 Comm. 49508 I Fig. No. 2 ._ LOD Q101 OSS ..ADD ............ ' g 0 500 1000 %5 Scale in feet Country Home Heights Pond HP -4 Improvements Assessment Map City Project No. 595 77 r Bonestroo Enginsen &Architect• Rosene Anderlik b Associates St. Paul, Minn w1a Date: June 1990 Comm. 49508 [Fig. No. 3 Agenda Information Memo August 7, 1990 City Council Meeting DRAINAGE CONCERNS STAFFORD PLACE A Drainage Concerns, Stafford Place—As the Council is aware, there has been ongoing concern expressed by residents of the Stafford Place subdivision with respect to drainage concerns within the subdivision. As a result of discussions with the neighborhood and the firms, Frontier Development and Delta Development, certain improvements were taken this year to improve stormwater drainage within the subdivision. Since that time, two significant storms have affected the neighborhood. The first, on June 27, 1990, renewed neighbors' concerns and resulted in discussions with City staff concerning the adequacy of the existing improvements and the potential for additional improvements in the area. A letter was received from Mr. Blaine Duxbury requesting time on the August 7 City Council agenda for an update on the corrective action that is under review by the City staff and developer. For a copy of his letter, refer to page. Neighbors' concerns were further raised following the storm last Saturday, July 28, 1990, in which approximately four to six inches of rain fell between 6:00 and 7:00 p.m., resulting in flooded streets, significant overland drainage, erosion at a number of locations, and the consequent silt accumulations throughout the area. At present, staff has no estimate of the dollar amount of damage associated with this storm. Significant damage did occur in a number of locations, however, including a home where the foundation was exposed almost to the footings. It should be noted that storm -related damage also occurred in other neighborhoods east of Pilot Knob Road but, as a consequence of the ongoing discussions with the Stafford Place neighbors, the concentration of rainfall in this neighborhood and the apparent extent of the storm -related damage, this item is before the Council on Tuesday evening. Two aspects of the July 28, 1990 storm should be noted. First is that this volume of rain in so short a period of time is highly unusual. Extraordinary rains over short periods of time do occasionally exceed the capacity of the underground stormsewer system to handle them. This is the reason that overland drainage systems are incorporated into subdivision grading plans. It should be noted too that much of the water was gone within an hour of the storm subsiding, indicating that the system did work over time. The short-term affects of the storm must be considered, however. The neighbors also pointed out that similar problems occurred during the two and one-half inch rain on June 27, 1990. While the scope of those problems were less severe as a consequence of the smaller volume of rain, they do indicate issues for the stormsewer and drainage system. Ordinarily, the Agenda Information Memo August 7, 1990 City Council Meeting engineering field anticipates storms of this magnitude on an extremely infrequent basis. It is difficult for neighborhood residents to accept the suggestion that an event was a "100 year storm" when they have experienced three or four such events in the last three years. The second item to be noted is that there is evidence that the high school site may be contributing more stormwater runoff to the Stafford Place stormsewer system than was anticipated in the development of that property. The Engineering Department has authorized survey crews to review elevations and drainage patterns from the school site to assess the amount of drainage flowing to the east. While it was anticipated that a certain portion of the school site would drain into the Stafford Place system, it is necessary to determine whether or not that amount is being exceeded. Mayor Egan, City Administrator Hedges, Assistant City Engineer Foertsch, Streets Superintendent Erhart and a large number of public safety and maintenance personnel were around the community and in the neighborhoods assessing damage, talking with affected residents and engaging in clean-up and restoration activities beginning on Saturday evening and throughout the weekend. The City Administrator has requested that the Engineering Department assess the drainage issues raised by the observed water flows and damage and develop recommendations for the City Council to consider at Tuesday's meeting. For a copy of the recommendations, refer to a memo prepared by Assistant City Engineer Foertsch enclosed on pages through. Representatives also have photographs and videotape of the storm and of the damage which they are expected to present for the Council's review. Mayor Egan has suggested that the fifteen (15) minute video tape that was prepared by certain residents in Stafford Place be viewed by the City Council at 6:15 p.m. prior to convening the regular City Council meeting. This will save time during the regular meeting from having to set up the television and vcr equipment and to take time out to view the tape. Please arrange to be present at the City Council meeting prior to 6:15 for that purpose. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the drainage and erosion prevention recommendations prepared by the Engineering Department to mitigate future storm -related damage in the Stafford Place Addition. July 25, 1990 City of Eagan 3830 Pilot Knob Road Eagan, SIN 55122 Mr. Thomas Hedges Tom: I am writing to once again ask for time on the agenda of the Eagan City Council meeting. The topic is again Stafford Place. I would like to present graphic footage of the flood— ing that took place during the thunderstorm of June 27. My neighbor recorded the events of that evening on his video camera. While the tape is short, it points out in vivid de— tail what we have been going through. It not only points out the ongoing property damage, but also the very real threat to the safety of the people that live there. In addition to the video footage we would like an update from the engineers as to what corrective action is being planned for the inadequate storm sewers. We see people with blueprints all over the development but so far we see little action. My concern, and the concern of other homeowners, is that the necessary corrective action will be a band—aid approach. I am very grateful for the City's help on the ongoing problems in Stafford Place. Hopefully the cooperation and support are still there. You continue to have my help and support in getting these problems resolved. Thank you. Sincerly, Blaine Duxbury ?61 MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS/ MICHAEL P FOERTSCH, ASSISTANT CITY ENGINEER DATE: AUGUST 3, 1990 SUBJECT: STAFFORD PLACE - DRAINAGE CONCERNS As a result of continuous erosion and surface water runoff problems within the Stafford Place development, the Council directed staff to investigate various engineering alternatives to pursue with the developer and directed the City Attorney's Office to investigate various legal alternatives for enforcing the appropriate corrective action. City staff has had numerous meetings with the developer and his engineer in identifying potential corrective measurers. While the internal storm sewer lateral system technically meets the 5 -year design criteria, the major problem results from handling the surface water runoff which exceeds the 5 -year storm. This runoff cannot be handled down the steep side slopes in the north central portion of this development without continuous erosion problems. Also, there appears to be frequent and intermittent flooding of Northview Park Road just east of the intersection of Short Line Drive which further compounds the drainage problems at the northern end of this development. The staff, through its consulting engineer, have divided the project into three major areas of concern. 1. From Pond JP -21 in Bridle Ridge to the low point in Northview Park Road. 2. From the low point to Northview Park Road to the intersection of Short Line and Pennsylvania Avenue. 3. From the intersection of Pennsylvania Avenue at Short Line through the side and rear lot lines up to the cul-de-sacs of New York and Vermont Avenue. Staff has determined that additional storm sewer outlet capacity is necessary for the low point in Northview Park Road to allow this collector street to remain open during storms that exceed the 5 -year design frequency. Because this is a City collector street and beyond the limits of the Stafford Place development, it is debatable whether this should be a developer responsibility. The developer has clearly rejected any participation in this segment. In relationship to the proper conveyance of the excess surface water runoff from the New York Avenue and Vermont cul-de-sacs down the hill to the intersection of Short Line and Pennsylvania, it would be beneficial to install additional storm sewer facilities to minimize the frequency and amount of surface water runoff which is the main cause of the significant erosion problems and flooding of the cul-de-sacs on the upper end. The developer has agreed to install this additional storm sewer facility as an obligation of the development. [3 Page 2 However, this would result in the necessity for the storm sewer from the upper cul-de- sacs down to Short Line being allowed to discharge out through additional storm sewer structures and continue down to Northview Park Road over land on the street and gutter sections. While technically this is a permissible way to handle surface water runoff in excess of 5 -year design capacities, it will be a unique design where storm sewer is discharging out of catch basins rather than the catch basins providing drainage from the street. Because this technically meets the City's design criteria, the developer has indicated that he will not financially participate in any storm sewer from Pennsylvania Avenue to the low point on Northview Park Road. It is this third issue (middle segment of storm sewer) that may create some consternation by the local residents as appearing to be an incomplete system and not properly addressing all concerns. However, with the installations of the first two improvements by the City and developer individually, this third segment may not be necessary. It's legal resolution could end up costing more than the facility itself. Additional information relative to cost estimates, alternative systems analyzed, comments relative to residents' concerns with the high school and a staff recommendation will be 'included in thino al Information Packet. I Director of Public Works/ Assistant City Engineer TAC/MPF/jj cc: Jim Sheldon, City Attorney M I Agenda Information Memo August 7, 1990 City Council Meeting EXTENSION IPRELIIMINARY PLAT ISTRATFORD OAKS B. Extension, Preliminary Plat for Stratford Oaks of Eagan/Welsh Companies --The Community Development Department has received correspondence from Welsh Companies requesting an additional six month extension of the preliminary plat for Stratford Oaks. Due to the fact that original final plat lapsed without being recorded and the length of time since the original approvals, the Community Development Department is suggesting that upon approval of the preliminary plat extension, a new final plat be required. This preliminary plat was originally approved on April 19, 1988 and has been extended twice previously, most recently to April 17, 1990. For additional information on this item, please refer to the letter from W lsh Compani and a copy of the staff memorandum which are enclosed on pages through -a• ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an extension of preliminary plat for Stratford Oaks of Eagan for Welsh Companies to February 7, 1991. WeMCbmpanies August 1, 1990 Mr. Tom Hodges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Stratford Oaks of Eagan Dear Tom: WwhhCcrnrP.ani(•s, Inc: 11700 W",-1 7891 Sleet F(It),1 Prj4irte., Mhnesola SES44 fit 7 <i,14 F1610 After over a year of attempting to Secure financing for the Stratford Oaks of Eagan project, I am happy to inform you that our tenacity and patience have paid of€. This week we will be executing a Letter of Intent with a lender to finance the first phase of the Stratford Oaks project. This will allow us to complete all of the necessary documentation and start construction within the next 120 days. In light of the current difficulties in the real estate financing market, we feel very fortunate to have been able to secure this commitment. In reviewing our files, I believe we have received all of the necessary departmental and agency approvals necessary for the Stratford Oaks project to be developed. At this time, we respectfully request an opportunity to meet before the City Council in August to update them on our project and to request a six-month extension to our preliminary plat approval. The plans have not been changed since the City completed their review and approval process last year and we expect to request final plat approval within the next 60 days. The development contract that was prepared early this year will need to be updated to reflect the current phasing of the project. If there is any additional information that you require from us or our consultants, please do not hesitate to contact us. I am hopeful that this excellent development will be underway very shortly and I greatly appreciate all of the assistance that the entire City staff has provided us in this process. I look forward to talking with you soon and meeting before the City Council in August. cere , obert C. Lux Vice President (612) 829-3444 RCL:cld cc: Dan Dolan Ilhi+: Eb1819 UPWk"UIY11en1 0 (XV).01UC110-1 • t)rOkcrage 9 �'1VnPr)b r1 Managempnl • lrwes!TE1r1r V M E M O R A N D U M TO: TOM HEDGES, CITY ADMINISTRATOR FROM: DALE RUNKLE, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: AUGUST 1, 1990 RE: STRATFORD OAKS DEVELOPMENT DIFFLEY ROAD & THOMAS LAKE ROAD The City has received a letter from Bob Lux requesting to update the Council on the development proposal of Stratford Oaks, as well as the timing and financing of the overall project, since he has changed companies. Staff has been working with Mr. Lux to finalize the previously approved development. In working the final development plans once, the entire development contract was prepared and Final Plat approved. Financing was not obtained for the project, therefore it did not get recorded. It is our understanding that the project is not changing from the original concept and development plan, however Mr. Lux would like to proceed with this development and change the development agreement to the company he is now with. In review of the procedure, this development has taken a great deal of time to put together and the approvals must be reaffirmed. It would be the suggestion of staff that a Preliminary Plat extension be granted and a revised Final Plat application and fees be initiated if this development is to move forward since the project has not changed except for the timing it has taken to put together. Staff will work with the developer to inform them of the updated requirements for this addition. If you need additional information, please feel free to contact me. �J Agenda Information Memo August 7, 1990 City Council Meeting EXTENSION2RELIMINARY PLAT[PARK CENTER C. Extension, Preliminary Plat for Park Center/Federal Land Company --Correspondence has been received by the Community Development Department of Federal Land Company requesting a 90 day extension of the preliminary plat for Park Center Addition. The preliminary plat approval currently expires on April 15, 1990. For additional information regarding this item, please refer to the letter from Federal Land Company which is enclosed on page. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 90 day extension of the preliminary plat for Park Center for Federal Land Company. Q1993 JU' i JUL �C Federal Land Company r Yankee Squore Office II • 3470 Washington Drive • Suite 102 a Eagan, Minnesota SS 122 Tel. 612-452-3303 FAX 612-452-3362 July 27, 1990 The Honorable Thomas Members of the Eagan c/o Dale Runkle Director of Community Eagan City Hall 3830 Pilot Knob Road Eagan, Mn. 55122 Egan and City Council Development RE: Plat of Park Center Dear Dale, Federal Land Company hereby requests a 90 day extension to the Preliminary Plat approval for Park Center. The Preliminary Plat approval presently expires on August 15, 1990. The completion of the final platting process has been delayed because of the County's demand for a 100 foot half right-of-way along Cliff Road. It appears that the County will approve an 80 foot half right-of-way with a 15 foot highway easement. A meeting was held on Wednesday, July 25th, between representatives of Federal Land Company, the Dakota County HRA and City Staff. A timetable for final platting was promulgated and all of the parties agreed that a 90 day extension is desirable and necessary. Therefore, Federal Land Company requests that you grant a 90 day extension to the Preliminary Plat approval for Park Center at your August 7th City Council meeting. Sincerely yours, Cnarles R. Bartholdi Legal Department, Attorney CRB/ap Agenda Information Memo August 7, 1990 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENTIREZONING/ MULTI -FAMILY RESIDENTIAL LAND STUDY AREA R D. Comprehensive Guide Plan Amendment/Rezoning, City of Eagan, Part of Area R, Multi -Family Residential Land Study, of Approximately 6 Acres from D -III (Mixed Residential)/R-4 (Multiple Residential) to P (Parks)/PF (Public Facilities), Respectively- -At the July 10, 1990 meeting, Council denied the comprehensive guide plan amendment and rezoning for Area R of Multi -Family Residential Land Study (Wilmus Property). Six acres of the subject parcel was purchased by the City for parkland, but the guide plan amendment and rezoning have yet to be executed in this regard. For additional information in this regard, please refer to the Community Development Department report which is enclosed on pages through _U for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the comprehensive guide plan amendment from D -III (Mixed Residential) to P (Parks) and rezoning from R-4 (Multiple Residential) to PF (Public Facilities) for approximately six acres representing a part of Area R of the Multi -Family Residential Land Study as presented. MEMORANDUM TO: Tom Hedges, City Administrator FROM: Kristy Marnin, Planner I DATE: July 30, 1990 SUBJECT: City Council Agenda Item - August 7, 1990 Meeting Multi -Family Residential Land Study Area R - City -owned Parcel At its July 10, 1990, meeting, the City Council denied a Comprehensive Guide Plan amendment and rezoning for Area R of the "Multi -Family Residential Land Study". However, approximately six (6) acres within Area R are owned by the City. This property, currently guided D -III (Mixed Residential, 6 to 12 units per acre) and zoned R-4 (Multiple Residential), was purchased for parkland by the Eagan Parks and Recreation Department, but the necessary Comprehensive Guide Plan amendment and rezoning of this property has not yet occurred. A map showing this parcel is attached. In order to properly reflect City ownership and the proposed park designation, a Comprehensive Guide Plan amendment to change the guided use from D -III to P (Parks) and a rezoning from R-4 to PF (Public Facilities,/Parks) should occur. As such, the City Council is requested to consider a Comprehensive Guide Plan amendment to change the guided use for approximately six acres of City -owned property from D -III (Mixed Residential, 6 to 12 units per acre) to P (Parks) and a rezoning of this same property from R-4 (Multiple Residential) to PF (Public Facilities/Parks). If you have any questions regarding this request, please advise. cc: Dale Runkle Jim Sturm Mike Dougherty 89 T4." r :dolt -VI r r- :1 FI] ip V b1 UM AMCA i7 Agenda Information Memo August 7, 1990 City Council Meeting SPECIAL USE PERMITIU.S. WEST EQUIPMENT SAFARI RESERVOIR E. Special Use Permit, U.S. West - New Vector Antenna Equipment Building at Safari Reservoir—This item was previously before the City Council at its June 19, 1990 meeting and was continued to permit satisfactory negotiations of a lease agreement based on satisfactory compliance with City requirements. Enclosed on pages 2 through you will find a copy of a memorandum from Director of Public Works Colbert and a incl lease agreement negotiated between U.S. West, the City Attorney and Public Works Director. In addition, please refer to the memorandum enclosed on pages -A—( and ZLj from City Planner Sturm with respect to elements of the application which have been addressed since the last meeting including the revised landscape plan. The Council should review these items to be certain*at they me e the intent of the direction of the June 19 meeting. Also enclosed on pages jj and are the minutes of the June 19, 1990 City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the special use permit for U.S. West - New Vector antenna equipment building at the Safari Reservoir as presented. MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JULY 31, 1990 SUBJECT: US WEST - NEW VECTOR ANTENNA INSTALLATION APPLICATION SAFARI RESERVOIR In conjunction with a Special Use Permit processed through the Planning Division of the Community Development Department, US West New Vector has submitted an application for the installation of antenna facilities on the Safari Reservoir. City staff has evaluated these antenna facilities to ensure compatibility with existing and future City radio communication equipment and needs. The proposed location of their equipment building has been reviewed by representatives of the Public Works Department and found to be acceptable. This applicant will be providing a 6x12 space as a part of the building for our future radio communication equipment needs. Also, a detailed lease agreement has been prepared by the City Attorney's Office and successfully negotiated with representatives of US West. This lease agreement will be for 4-5 consecutive year terms at a monthly lease rate to be escalated by the CPI Index. Also, they will be providing various hardware facilities for the City's Cellular telephone use. As a result of this detailed negotiation process, the Public Works Director and City Attorney are favorably recommending approval of this lease attached to this memo by the City Council on August 7 along with the approval of the Special Use Permit. If any additional information or action is necessary, please let me know. L' u.t Dir ctor of Public Works cc: Jim Sheldon, Assistant City Attorney Joe Connolly, Superintendent of Utilities/Buildings LEASE AGREEMENT THIS LEASE is made this day of , 1990, between the CITY OF EAGAN, a Minnesota municipal corporation ("Lessor") and U. S. WEST - MINNEAPOLIS SMSA LIMITED PARTNERSHIP, 3350 - 161 Avenue Southeast, Bellevue, Washington 98008-1329 ("Lessee"). NOW, THEREFORE, for good and valuable consideration, Lessor and Lessee agree as follows: 1. NEW AGREEMENT. Upon commencement of this Lease, any Old Lease and any Amendments or Renewals thereto will terminate without further obligation by either party. 2. PROPERTY AND PREMISES. Subject to the following terms and conditions, Lessor leases to Lessee certain space on Lessor's water reservoir (the "Reservoir"), 532 (14 x 38) square feet of ground space for an equipment building adjacent to the Reservoir, and certain other property (collectively referred to as the "Premises") on Lessor's Property located at The Safari Reservoir, Eagan, Minnesota (the "Property"). The Property is legally described on Exhibit A which is attached hereto and the Premises are shown on Exhibit B (Site Plan) which is attached hereto, both of which are made a part hereof. The parties acknowledge that the Lessee shall construct the building in accordance with the plans and specifications approved by the City of Eagan, such approval not to be unreasonably withheld, and as part of the consideration of this Lease shall transfer to the City the exclusive use of the east 6 x 14 feet of the building. 3. USE. Subject to the terms of this Lease, the Premises may be used by Lessee for the transmission and reception of radio communication signals authorized for use by Lessee by the Federal Communications Commission ("FCC") and for appurtenant uses necessary thereto. Lessor agrees to cooperate with Lessee in obtaining and maintaining, at Lessee's expense, all'licenses and permits required for Lessee's use of the Premises. 4. TERM. The term of this Lease shall be five years and five months, commencing on August 8, 1990 (the "Commencement Date") and ending on December 31, 1995. Lessee shall have the right to extend this Lease for four (4) additional five-year terms ("Renewal Term"). The Renewal Term shall be on the same terms and conditions as set forth herein except for rental adjustments as provided in Paragraph 5. Rent below. This Lease shall automatically be renewed for the Renewal Term unless Lessee shall notify Lessor of Lessee's intention not to renew the Lease at least ninety (90) days prior to the expiration of the term. 173 5. RENT. a. Lessee shall pay Lessor, as rent, the sum of Seven Hundred Fift an no 100 —Dollars 750.00) per month based o_n Lessee s installation as describe in Ex ibit B (Site P ani. This_price includes due consideration for Lessor's use of the building t -o be built b Lessee. The sum of Tree T ousan ix un re and nor`100 Dollars 3,600.00) shall be paid on the commencement date for the rent from August 8, 1990, Ehrough December, 1990. The entire annual rent shall be paid on Januar 1 of each -- y year for each succeeding year t a e Lease is in orce. - essee may not add additional a ui ment and/or antennas from that shown on Exhibit B without the approval of the Lessor, which approval shall not be unreasonably withheld or delayed. Lessor may charge additional rent for additional a ui ment or antennas from that shown on Exhibit B. The rent shall be increased annually by an amount equal to the increase in the Consumer Price Index ("CPI") as provided below. However, the rent shall not in any case increase more than five percent (5%) per year, nor shall it ever be decreased. b. The CPI shall mean the "Consumer Price Index for All Urban Consumers, All Cities, All Items (1967 = 100)" as published by the Untied States Department of Labor, Bureau of Labor Statistics or, if such index shall be discontinued the successor index thereto or, if there shall be no successor index, such comparable index as shall be mutually agreed upon by the parties hereto. To determine the annual rental increase to be paid by Lessee, the rental for the previous year shall be multiplied by a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year of the Lease and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Lessor shall be responsible for communicating all rental increases to the Lessee. c. If this Lease is terminated, Rent shall be prorated, based on a thirty day month, las of the date of termination, and all prepaid Rents shall be refunded to Lessee. d. On the commencement date of the Lease the Lessee agrees to provide to the Lessor ten 10 hand-held and ten 10 mobile telephones, all of which are at the cost and expense of the Lessee. ur, er, the Lessee agrees that it shall provide Lessor with its lowest possible airtime usage rate for Lessor's official business. At e commencement of each renewal term as described in Para ra h 4 Lessee shall replace, at Lessee's cost, the above-described twenty (20) telephones with the then best available and cost effective telephones. 6. FACILITIES. a. Lessor agrees to maintain and operate the Property in accordance with good engineering practices, with all applicable FCC rules and regulations, and in compliance with the Site Standards, which are attached hereto and made a part hereof as Exhibit C, and any reasonable amendments thereto, and to cause all other lessees and users of the Property, where feasible, to do the same. b. Lessee agrees to install the equipment (Lessee's "Antenna Facilities") as described in Exhibits B and C attached hereto in compliance with the Site Standards and any reasonable amendments thereto, all FCC rules and regulations, and good engineering practices. Lessee agrees that its Antenna Facilities will be of types and frequencies which will not cause radio frequency interference to Lessor or to any other lessees of the premises, provided that Lessor, all lessees and other users of the Property are in full compliance with the Paragraph 6(a) above. In the event such interference does occur, Lessee agrees that it shall be responsible for the correction of said interference as provided in Paragraph 7 below. c. Equipment installed, modified, or operated under one of the Exceptions provided in the Site Standards will not be considered in compliance therewith for the purposes of Paragraph 7 below. d. Lessee and Lessor shall provide their own heating, cooling, emergency generator and shall separately meter the charges for the consumption of electricity for power and/or lighting associated therewith. e. The Lessee shall be responsible for the installation and payment of all utilities required by it. Lessee shall pay any use, sales, occupancy, real estate or other taxes levied against the Property or Premises and the improvements constructed thereon, related to Lessee's use. f. Lessor acknowledges that from time to time and at any time Lessee, in the course of its business, is required to change or to increase or decrease the number of frequencies upon which it transmits and receives, and Lessor agrees Lessee may do so, provided that prior to any such changes or increases Lessee shall give Lessor 72 hours written notice identifying such changes or increases. The frequencies which are currently in use by Lessee at any given point in time shall be considered the frequencies that Lessee is using for all purposes under this Lease (hereinafter referred to as "Lessee's Frequencies"). Specifically, Lessee's frequencies shall not include any frequencies formerly used by Lessee. q. Upon reasonable notification from Lessor, Lessee shall repair, to the reasonable satisfaction of Lessor, any property damage done during the installation, removal or maintenance of equipment, the buildin or Lessee's facilities or antenna. 7. RADIO FREQUENCY INTERFERENCE a. In the event Lessee's use of the Premises is reasonably believed by Lessor to be causing radio frequency interference ("Interference") to other users of the water reservoir, Lessee will upon notice as provided in Paragraph 7(b) below by Lessor to Lessee, conduct investigations and testing as necessary to determine if Lessee's Antenna Facilities are causing such interference (hereinafter referred to as "Testing"). Lessor may, in its notice to Lessee, include a requirement that Lessor or its representative be present at all on-site Testing and Lessee shall conduct such Testing in accordance with said request, subject to Paragraph 7d. Interference shall not include interference from other users whose equipment can be tuned to or receive cellular telephone frequencies. If the solution to the interference cannot be defined within two business days and if the problem cannot be corrected within five business days of the receipt of said notice from Lessor to Lessee, then Lessee shall discontinue transmitting on those frequencies which Lessor believes to be causing Interference except (1) if Lessee is able to reasonably demonstrate to Lessor's satisfaction, which satisfaction shall not be unreasonably withheld, that said frequencies are not causing or materially contributing to Interference or; (2) for purposes of intermittent operation or testing after performing such maintenance, repair, modification, replacement or other action for the purpose of correcting Interference or; (3) as otherwise provided below. b. All other provisions of this Lease to the contrary notwithstanding, any notice by Lessor to Lessee of Interference that Lessor reasonably believes to be caused by Lessee shall conform to the following requirements; (1) such notice shall be sent by facsimile transmission,' hand delivered or delivered overnight mail where a signature is required for the receipt thereof, (2) receipt os such notice will be considered the time at which Lessee is actually in possession of such notice, or has signed for its receipt, (3) such notice shall contain the name and phone number of the user experiencing Interference, the frequency on which Interference is occurring, the date that the frequency was placed into operation, the date and nature of the last modification of any kind to that user's equipment, a complete description of the type, location and power levels of that user's equipment and of the nature and times of the Interference, the frequency of Lessee reasonably believed to be causing Interference, and a statement describing the basis of said belief. C. Except as provided herein, if Lessor notifies Lessee as provided in Paragraph 7b above of radio frequency Interference which is not eliminated or shown to not be caused by or materially contributed to by Lessee's frequency within ten (10) days of said notice, then Lessor may terminate this Lease without further obligation by either party. d. In the event Testing requires access to and use of the equipment of other users of the Property or the presence of Lessor as provided in Paragraph 7a above, Lessor agrees to coordinate such cooperative efforts as are reasonably required for Lessee to secure same. The time limits for Lessee's discontinuance of frequency use in Paragraph 7a above and for termination of this Lease in Paragraph 7c above shall be extended as necessary to secure said cooperative efforts and to the same extent as any delay in securing same. e. In the event Lessee clearly demonstrates the primary cause of Interference to be the equipment or property of Lessor or of another user which is (1) malfunctioning, (2) functioning outside of its manufacturer's specifications, (3) does not meet FCC rules, regulations, or guidelines, or (4) does not comply with the Site Standards (said equipment being hereinafter referred to as "Defective Equipment"), Lessee shall not be obligated in any way to discontinue use or operation of its Antenna Facilities or frequencies. In such event Lessee will not be held liable in any way to modify or alter the use of its Antenna Facilities, nor be obligated in any way to participate in the cost of correcting or modifying Defective Equipment, nor to conduct further testing or investigations at its own expense, nor be held further obligated under or in default of this Paragraph 7, whether or not Interference continues. f. In the event Lessee clearly demonstrates that said Interference could be eliminated by the modification of Lessor's or another user's equipment and/or appurtenances thereto which do not fall under any of the categories in Paragraph 7e above and which were placed into service ; before Lessee began transmitting on the frequencies causing or" materially contributing to said interference (hereinafter referred to as "Non -Defective Equipment"), Lessee shall, at its option, either (1), permanently discontinue use of its frequency so causing or contributing or (2), modify said Non -Defective Equipment at Lessee's expense with the consent of the Lessor and/or other user. Lessor's consent will not be unreasonably withheld and Lessor will use reasonable efforts to obtain the consent of any other users. g. In the event Lessee reasonably determines that Interference is caused or materially contributed to by the condition or configuration of property or materials not owned or operated by Lessee which are also not considered radio equipment or an appurtenance thereto, Lessee shall not be obligated to modify or repair said property or � I materials or to discontinue use of Lessee's Frequencies. However, if Lessee's frequencies are also a materially contributing component of Interference and the frequency and equipment experiencing interference was placed into service and modified or altered prior, but not subsequent to Lessee's Frequencies being placed into service, then Lessee shall be obligated to discontinue use of those of Lessee's Frequencies so contributing, provided said discontinuance causes the substantial elimination of interference. h. In the event Lessee reasonably determines Lessee's Frequencies are a component of Interference, which Interference is also materially contributed to by another user's equipment or frequency which has been installed, altered, repaired, or modified in any way that is reasonable subsequent to Lessee's Frequencies being placed into service, Lessee shall have no obligation under this Paragraph 7, or for modification of its own Antenna Facilities or their use, or to modify the equipment of other users, and shall not be considered in default of this Lease, even if Interference continues. i. Any provision of this Lease to the contrary notwithstanding, Lessee shall not be obligated to modify, replace, repair or alter the equipment of another FCC licensed provider of Cellular Telephone Service whether said equipment is Defective or Non -defective, provided that this Paragraph 7(i) does not relieve Lessee of its responsibility to eliminate Interference as otherwise provided herein. j. Lessor agrees not to perform any installation, operation or modification of equipment on the Property which will cause radio frequency interference to Lessee subsequent to Lessee's Frequencies being placed into service, nor to allow any of Lessor's other lessees, agents, contractors or invitees to do so. Lessor further warrants that it will exercise its best efforts to insure that any future lessees providing FCC licensed Cellular Telephone Service share equally with Lessee in the burden of elimination of Interference as provided herein. k. Except as provided in this Paragraph 7, Lessee shall have no obligation nor be held in default of this Lease for reasons of or relating to radio frequency interference. 8. ACCESS. Lessor shall, at all times, use reasonable efforts to provide Lessee ingress, egress, and access from an open and improved road, over and under the Property to the Premises adequate to service the Antenna Facilities at no additional charge to Lessee. 9. TERMINATION. a. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability, on thirty (30) days notice as follows: (a) by either party upon a default of any covenant or term hereof by the other party which default is not cured within thirty (30) days of receipt of written notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof); (b) by Lessee if it is unable to obtain or maintain any license, permit or other Governmental Approval necessary to the construction and/or operation of the Antenna Facilities or Lessee's business or (c) by Lessee if the Property is or becomes unacceptable under Lessee's design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong. b. Upon termination of this Lease, Lessee shall, within ninety (90) days thereof, remove all of its Antenna Facilities from the Premises and return the Property to its original condition. The parties specifically agree that upon termination, title to the building and ground improvements shall automatically pass to the Lessor and Lessee shall have no more right, title or interest in the building and ground improvements. The Lessee agrees to execute whatever documents, if any, the Lessor deems necessary to confirm the transfer. 10. COMPLIANCE WITH STATUTES AND REGULATIONS. Lessee's Antenna Facilities and building shall be erected, maintained and operated in accordance with site standards, state statues, rules and regulations and in compliance with any rules or orders now in effect or that hereafter may be issued by the FCC and with the Site Standards. 11. MAINTENANCE AND OPERATION OF PROPERTY. a. Lessor shall have the right to operate its facilities at the Reservoir in such manner as will best enable it to fulfill its own service requirements, but in accordance with the provisions herein. Lessor shall not be liable to Lessee for any reasonable interruption in the service of Lessee or for interference with the operation of Lessee's Antenna Facilities arising in any manner from use of the premises hereunder, unless due solely to the negligence or willful misconduct of Lessor, its employees, agents or invitees. b. Lessor agrees that any action on the part of Lessor without prior notice to Lessee in making repairs, alterations, additions or improvements in the operation of the Property which might materially interfere with, suspend, cutoff or terminate access to or use of the Premises and its facilities and equipment, including air-conditioning therein, could cause inconvenience, expense and economic loss to Lessee. Therefore, Lessor agrees to make reasonable efforts to give Lessee advance notice to Lessee's Network Operations Center by calling 1-800-445-5514 (except in the case of emergency where advance �j notice cannot reasonably be given) of any planned shutdowns for scheduled routine maintenance and of repairs, alterations, additions or improvements to be made with respect to the maintenance or operation of the Property which Lessor reasonably knows might materially affect the operation of Lessee's Antenna Facilities. Lessor further agrees to make reasonable efforts to minimize such inconvenience or possible loss or expense to Lessee by changing the times and methods for the performance of such work upon the request of Lessee, provided that any increase in actual costs thereby incurred by Lessor shall be paid by Lessee within thirty (30) days after Lessor renders a statement of reasonable and verifiable costs therefore. i W M # Z & U ij &0 * a. Lessee shall indemnify Lessor and hold Lessor harmless from and against any and all claims and demands, including the payment of reasonable attorneys' fees and costs, for damages to property and injury or death to persons, including any payments made under any worker's compensation law or any plan for employees' disability and death benefits, which may arise out of or be caused by the installation, maintenance, presence, use or removal of Lessee's Antenna Facilities in the Premises described hereunder, except as said claim or demand may arise out of or in any way result from the sole negligence or willful misconduct of Lessor, its employees, agents or invitees. b. Lessee shall carry insurance with a company acceptable to Lessor in the amount of Three Million and no/100 Dollars ($3,000,000.00) per injury and per occurrence to protect the parties hereto against any and all claims, demands, actions, judgments, costs, expenses and liabilities which may arise out of or result, directly or indirectly, from Lessee's use of the Premises, and Lessor shall be a A listed insured thereon. Lessee shall also carry such insurance as will protect it from all claims under any worker's compensation laws in effect that may be applicable to Lessee. All insurance required hereunder shall remain in force for the entire life of this Lease ;and proof thereof shall be provided to Lessor prior to the Commencement Date. c. Lessor shall indemnify Lessee and hold Lessee harmless from and against any and all claims, liabilities, losses and causes of action of whatever kind or nature which are suffered by or asserted against Lessee by an person based upon any acts or omissions, negligence or willful misconduct on the part of Lessor, its employees, agents or invitees, which are the sole cause of such claims, liabilities, losses, and causes of action. d. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, and, in the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. 13. DESTRUCTION OF PROPERTY. If the Property or the Antenna Facilities are destroyed or damaged so as, in Lessee's judgment, to hinder the effective use of the Antenna Facilities, Lessee may elect to terminate this Lease as of the date of the damage or destruction by so notifying the Lessor not more than 45 days following the date of damage. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Lessee shall be entitled to the reimbursement of any Rent prepaid by Lessee. 14. CONDEMNATION. If a condemning authority takes all of the Property, or a portion sufficient, in Lessee's determination, to render the Premises unsuitable for the use which Lessee was then making of the Property, this Lease shall terminated as of the date the title vests in the condemning authority. The parties shall be entitled to share in the condemnation proceeds in proportion to the values of their respective interests in the Property (which for Lessee shall include, where applicable, the value of its Antenna Facilities, moving expenses, prepaid rent, and business dislocation expenses). Sale of all or part of the Property to a purchase with the power of eminent domain in the face of the exercise of the power, shall be treated as a taking by condemnation. 15. NOTICES. Except as otherwise provided herein, all notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following address: If to Lessor, to: City Clerk City of Eagan " 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 With a copy to Director of Public Works City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, MN 55121 If to Lessee, to: Minneapolis SMSA Limited Partnership ATTN: Real Estate Dept. 3350 - 161 Avenue Southeast Bellevue, Washington 98008-1329 � 0 � 16. TITLE AND QUIET ENJOYMENT. Lessor warrants that (a) it has full right, power, and authority to execute this Lease; (b) it has good and unencumbered title to the Property free and clear of any liens or mortgages and (c) the Property constitutes a legal lot that may be leased without the need for any subdivision or platting approval. Lessor further warrants that Lessee shall have the quiet enjoyment of the Property during the term of this Lese or any renewal thereof, subject to the terms of this Lease. 17. ASSIGNMENT AND SUBLEASE. a. Lessee shall not have the right without Lessor's written consent to assign this Lease, or to sublet all or any part of its rights and obligations hereunder, except Lessee may assign this Lease to any parent, subsidiary or affiliate of Lessee or to any person, firm or corporation which shall be controlled by, under the control of or under common control with Lessee or any corporation into which Lessee may be merged or consolidated or which purchases all or substantially all of the assets of Lessee. Lessor covenants and agrees that it will not unreasonably withhold or delay its consent to any other assignment of this Lease, or the subletting of all or any part of the Lessee's rights and obligations hereunder, to any other person, firm or corporation. b. The parties acknowledge that this is a nonexclusive Lease. Nothing in this Lease shall preclude Lessor from leasing other space for communications equipment to any person or entity which may be in competition with Lessee, or any other party, subject to Paragraph 7j above. Lessor hereby agrees that any of its subsequent lessees or licensees at the premises shall be in conformance with Paragraph 7j of this Lease. 18. SUCCESSORS AND ASSIGNS. this Lease shall run with the Property described on Exhibit A. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and:assigns. 19. WAIVER OF LESSOR'S LIEN. a. Lessor hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof, regardless of whether or not same is deemed real or personal property under applicable laws, and Lessor gives Lessee the right to remove all or any portion of same from time to time in Lessee's sole discretion and without Lessor's consent. b. Notwithstanding any other provisions, any of Lessee's property remaining on the Premises thirty (30) days after the expiration or the termination of this Lease, which Lessor does not require Lessee to remove, shall become the property of Lessor free of any claim by Lessee or any person claiming through Lessee. 20. DISCONTINUANCE OF ONE FREQUENCY BY LESSEE. Notwithstanding any other provisions of this Lease, if another user (other than another cellular telephone company) whose equipment, antenna, or frequency was installed, altered, repaired or modified in any way, subsequent to the date of this Lease, experiences or causes interference to or from Lessee's equipment, antenna or frequency and the other user has observed all of the site standards and has taken all practical measures to eliminate the interference, and is in full compliance with any and all applicable FCC rules and regulations, Lessee will reasonably cooperate with the City and said other user to insure that the other user may continue to utilize the City water reservoir and be a source of revenue for the city, which shall include discontinuing the use of one of Lessee's frequencies whether or not Lessee is required to do so under the provision of Paragraph 7 of this Lease, provided that such discontinuance of the use of one frequency will not be required if either of the following occur: a) said discontinuance does not solve the interference; or b) Lessor is in default under any terms of this Lease. 21. TERMINATION OF PRIOR AGREEMENTS. Upon execution of this Lease, all previous Leases and Agreements, and any Amendments thereto between Lessor and Lessee shall terminate. 22. ENTIRE AGREEMENT, SEVERABILITY. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by both parties. 23. LESSEE'S REMEDY. The Lessor and the Lessee agree that the Lessee's sole remedy under this Lease shall be the termination of the Lease and removal of its Antenna Facilities from the Lease Premises. The Lessee shall .not 'be entitled to monetary damages nor to any injunctive relief. DATED as of the date first set forth above. CITY OF EAGAN By: Thomas A. Egan Its: Mayor \03 APPROVED AS TO FORM: James F. Sheldon City Attorney Dated: APPROVED AS TO CONTENT: Thomas A. Colbert Director of Public Works Dated: STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) By: E. J. VanOverbeke Its: City Clerk MINNEAPOLIS SMSA LIMITED PARTNERSHIP By: U. S. WEST NEWVECTOR GROUP, INC. By: _ Its: By: _ Its: On this day of , 1990, before me a Notary Public within and for said County, personally appeared THOMAS A. EGAN and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 1990, before me a Notary Public within and for said County, personally appeared and to me personally known, who being each by me duly sworn, each did say that they are respectively the and of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of the corporation. THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, WILCOX & SHELDON, P.A. 600 Midway National Bank Bldg. 7300 West 147th Street Apple Valley, MN 55124 (612) 432-3136 JFS Notary Public \o� EXHIBIT A THE PROPERTY Pursuant to the Lease agreement dated , 1990, between the CITY OF EAGAN, a Minnesota municipal corporation ("Lessor") and U.S. WEST NEWVECTOR GROUP, INC., 3350 - 161 Avenue Southeast, Bellevue, Washington 98008-1329 ("Lessee"). The Description of the Property is as follows: Outlot B, Eagan Royale Addition, according to the recorded plat thereof on file and of record in the office of the Dakota County Recorder, Dakota County, Minnesota. EXHIBIT B-1 Pursuant to the Lease Agreement dated , 1990, between the CITY OF EAGAN, a Minnesota municipal corporation ("Lessor") and U. S. WEST - MINNEAPOLIS SMSA LIMITED PARTNERSHIP, 3350 - 161 Avenue Southeast, Bellevue, Washington 98008-1329 ("Lessee"). ANTENNA ARRAYS AND SITE PLAN (TO BE PROVIDED PRIOR TO EXECUTION OF THE LEASE BY LESSEE) l rol EXHIBIT B — 2 Pursuant to the Lease agreement dated 1990, between the CITY OF EAGAN, a Minnesota municipal corporation ("Lessor") and MINNEAPOLIS SMSA LIMITED PARTNERSHIP, 3350 - 161 Avenue Southeast, Bellevue, Washington 98008-1329 ("Lessee") . 28' SETA j X ANTENNA ARRAYS AND SITE PLAN 61 Tse, i GRAVEL I PATH (;Op Imo/1 I r - J LOCd0r, I 1r*r.00} -o be villite�j 1 t Q„ wab MbVr k ov, •{p &� -A r ;.QY1k I SIAE mbuf44 , Qr4e.nn4S S•o(' 5e' fo 2a an may be MOL*ted 0- \y le cu 6 ,% l Arouj tlo s a4- 4o W a � heave4f 4e +0P 6� .LH NIG Q —6k -: N AS:: FLOOD ELEV I WALL �Iy 1 ref, R 0 ELEV 107 / .49 R - dop e� Areoa. oL ,aa�cc Mb��o s u�ijiz� dor 5��e S n r Tor LADDER w/.-�1MRO= •: trii•.._�••2i ai. to cr �� <•,a.' _ dop e� Areoa. oL ,aa�cc Mb��o s u�ijiz� dor 5��e S n r Tor LADDER w/.-�1MRO= Pursuant to the Lease between the CITY OF ("Lessor") and U.S. 3350 - 161 Avenue ("Lessee"). EXHIBIT C agreement dated EAGAN, a Minnesota municipal WEST - MINNEAPOLIS SMSA LIMITED Southeast, Bellevue, Washington CITY OF EAGAN COMMUNICATION SITE STANDARDS , 1990, corporation PARTNERSHIP, 98008-1329 1. Unless housed in a separate solid walled, closed room dedicated to a single user, all equipment must be housed in an RF tight, metal enclosure. Desk top base stations and open racks cannot be used unless separate RF tight enclosures are provided around individual transmitters and receivers. Additional shielding kits may be required. 2. All receivers must be adequately protected with a band limiting device, such as cavities, duplexers or other filters. Unprotected preamplifier devices or receivers will not be guaranteed freedom from radio frequency interference. 3. Many manufacturers provide receiver options for maintaining narrow receive bandwidth. These devices, typically crystal filters, will be used whenever necessary to eliminate interference problems caused by overload. 4. At least 60 db or isolation for 440-470 MHz and 800-920 MHz transmitters and 25 db of isolation for 140-170 MHz and 30-50 MHz transmitters must be provided. A band pass cavity must be provided on the transmitters between the antenna and any ferrite device used. Additional filtering and isolation may be required and will be considered on a case by case basis. EXCEPTION: Frequency bands not covered above will be reviewed and subject to proper isolation prior to installation and operation. 5. Maximum transmitter power allowed into the antenna feed line will be 110 watts per transmitter provided that maximum effective radiated power (ERP) will be 500 watts. EXCEPTION: Higher power levels will be considered on a case by case basis. Additional protective devices may be required. 1 JA 6. Only jacketed copper Heliax cable will be permitted for transmission line at the site. All on-site intercabling must use RG/9, RG/142, RG/214, 1/2 inch superflex or equivalent. RG/8 or any other single shielded cable will not be allowed. All outside connections must be kept weather tight at all times. All connectors will be N -type or EIA whenever possible. 7. All transmitters must have band-pass cavities that will provide at least the following attenuation of side band noise: 30-50 MHz band: 15 db at 1 MHz 140-170 MHz band: 15 db at 1.5 MHz 440-470 MHz band: 15 db at 2.5 MHz 800-920 MHz band: 20 db at 10 Mz EXCEPTION: Requirements for transmitters outside of these bands will be considered on a case by case basis. S. Each cabinet must be identified by the owner's name, address and FCC station license. It must also have the name and telephone number of the responsible service agency. 9. Each user will inform the City of all receive and transmit frequencies in use at all times. Any changes in frequency use or modification of any kind to equipment will be reported to and approved by the City at least 10 days prior to the change. Where it can be demonstrated that there is a strong likelihood such frequency use will result in an interference problems, testing of that frequency use prior to its actual operation may be required by the City. 10. Each user shall comply with the ANSI Radiation Standard 511!1 ��0 M E X O R A N D U M TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JIM STURM, CITY PLANNER DATE: AUGUST 2, 1990 RE: U.S. WEST SAFARI RESERVOIR SITE On June 19, the City Council continued the Special Permit request by U.S. West New Vector Group to allow antennas and an equipment building on the Safari Water Reservoir site. This item was to be returned to the Council after detailed plans were prepared consistent to those reviewed at the June 19 meeting, a landscape plan was prepared, and the lease agreement was completed. These items have been submitted, but it should be noted: 1. The building is being proposed to be constructed of rock face concrete block, and not brick. 2. The air conditioning units are now being proposed on top of the building instead of alongside; however, all metal materials on the building will be painted to match the concrete structure as close as possible. 3. A split rail fence is being proposed on top of the building since the building would be over 10' tall. 4. The driveway to the front doors is shown being 12' wide. I question whether it is necessary to have a driveway directly to the door and could the drive be a crushed walkway instead? 5. The landscape plan was revised after a meeting with the applicant's consultant. After a second meeting, the plan was again revised increasing the amount of plant material so plantings do not look so tied to the building and more in a natural type setting. Little or no revisions will be necessary to the plan as of this date. Attached are the lease agreement, original minutes from the June 19 meeting, and a copy of the landscape plan. If you would like additional information, please advise. +yr JS/j s V Of n F 250.00 •'(;• ` �C` �� • '\ �,• 'In 30 I I'M nt it Gi K1. nc 30 KIP SPECIAL USE PERMIT/U S WEST NEW VECTOR GROUP After introduction by Mayor Egan, City Administrator Hedges provided a brief background description cid the Item. Director of Community Development Runkle said the application Is for a special use permit to allow antennas and a 14' X 36' equipment building on and adjacent to the Safari Water Reservoir located on Oudot B of the Eagan Royale Addition. Mr. Bill Buell, of Dahlgren, Shardlow and Uban, addressed the Council representing U. S. West New Vector Group. After a brief discussion of cellular technology, Mr. Buell said that U. S. West was now starting to build out into suburban areas. He said it was an area devoid of antennas at this time. Mr. Buell mentioned the Importance of cellular communication to Fire and Police protection. He said cellular phones were particularly useful in an emergency when two-way radios become jammed. Mr. Buell said there were problems with current coverage and this has resulted in a number of 'dropped' calls. Mr. Buell said If this site were up and operating, It would solve many of their coverage problems. Mr. Buell said many factors went in to choosing this site including the topography, land forms, equipment available, other cellular sites and Interference that may be encountered. He said the geographical area they can consider is usually small. Once they have determined the technical and physical issues, U. S. West considers the zoning Issues and where the zoning Is most likely to -be in each area. Because AM radio towers cause problems for cellular antenna, Mr. Buell said they like to stay at least two miles from them or locate their antennas on a massive structure. Since their entire search area is within a two-mile radius of the AM radio towers on Cliff Road, they made a determination that a tower would be their best location. Mr. Buell said they have been working with staff and the only change to the site plan is in regard to the placement of the antennas on the tower. The antennas were originally slated to go on the top of the tower; however, because the tower has no vertical supports and any welding may cause blistering inside the tower, U. S. West is planning to epoxy the antennas to the side of the tower. In response to a question from Councilmember McCrea, Mr. Buell addressed the issue of the equipment building. He said that through meetings with the surrounding landowners, U. S. West had agreed to set the building into the hillside on the north side of the tower. He also said they had agreed to move the building further up the hillside, match the brick in the retaining wall, and landscape around the building. He said the ordinance permits this type of use, It meets the criteria for special use permits in a Public Facilities district, and it meets setback requirements. Councilmember Pawlenty asked if U. S. West had a landscaping plan. Mr. Buell said they did and It will be submitted with the building permit. Mr. Buell also pointed out that U. S. West Intended to provide part of the building for City use. Councilmember McCrea asked what the City would use it for. Director of Public Works Colbert said that in the future, the City could install its own radio communications system for use by Police, Fire and Public Works. Councilmember Pawlenty asked what other considerations were being discussed. Mr. Buell said they were still negotiating hardware, room in the building, etc. The Councilmember then asked who U. S. West was negotiating with and Mr. Buell said City Attorney Sheldon and Director of Public Works Colbert. 1t3 Page 12/EAGAN CITY COUNCIL MINUTES June 19, 1990 A spokesman for the neighbors, Mr. Jack Davis of 12039 Gantry Lane, said R it were up to them, they would move the tower and the antennas; however, they recognize the need and they recognize the restrictions in trying to find a location for the antennas. Mr. Davis said they had looked at five different site plans and of the five, this site was the only one supported by the neighbors. Mr. Davis said Mr. Buell had been very sensitive to the neighbors and had worked with them on the aesthetics of the project. Mr. Davis then presented the Council with a petition signed by all those in the notice area except Meritor Development (Exhibit C). Mr. Paul Thomas of Meritor Development then addressed the Council. He said he had met with Mr. Buell on numerous occasions. After these discussions, Mr. Buell presented them with this alternative. Mr. Thomas said Meritor's first choice would be no facility and this altemative would be their fourth choice. He said they did not want to see barged wire or fencing on the site to protect the technical equipment. He added that both had been installed at other sites. Mr. Thomas said that U.S. West had approached the City of Apple Valley about the Palomino tower site but Apple Valley Indicated they were not interested. Apple Valley has since changed its mind, however. Mr. Thomas went on to say it is an Issue of quality development. He said they went to great lengths to provide a quality development with the understanding the City was also interested in quality development. He asked that the City Council help them protect their investment. Mr. Thomas said that Meritor has 14 lots that are directly impacted by the water tower and it does reduce property values. Mayor Egan then mentioned that he did not recall ever having a unanimous petition in support of a proposal from someone representing the affected neighborhood and then have someone speak to the Council in opposition representing homeowners who don't yet exist. Mr. Thomas said that most of the petitioners, if given the choice, would prefer the site was not there at all. Councilmember Gustafson said he thought the antennas would increase property values in view of the fact that the types of homes being build in Eagan Royale would probably be occupied by thosd most likely to use cellular phones and to whom good reception would be an important factor. The Councilmember then went on to say that the City Council is sensitive to Merltor's desire for a quality development and that with or without antennas, Meritor would prefer no tower. Councilmember Gustafson asked Mr. Thomas whether Meritor would attempt to prevent U. S. West access to the site by refusing easement rights. Mr. Thomas said they would pursue no access. Councilmember Gustafson said that may necessitate constructing the building closer to Royale Drive so an access road would not be necessary. He added that the building would certainly be more visible closer to the road. Mr. Buell said that U.S. West also believes in quality development and they want to be a good neighbor. He said they did not propose any fences on the site. He also said that the view from those lots impacted by the site would be to the north and away from the tower. Councilmember Pawlenty asked Mr. Buell if any member of the planning firm of Dahlgren, Shardlow and Uban were representing the City in any matter at the present time. Mr. Buell said not that he was aware of. Councilmembers Pawlenty and McCrea then expressed concerns about taking action on the item before agreement on lease conditions Is reached. The Council agreed that they would like everything in order before considering approval of the special use permit. Gustafson moved, Wachter seconded, a motion to continue indefinitely a special use permit as requested by William R. Buell, U S West New Vector Group Inc., to allow antennas and a 14' X 38' equipment building on and adjacent to the Safari Water Reservoir. Item to be returned to the City Council contingent upon: 1) plat plans remaining as presented, 2) antennas being permitted to be affixed to either the top or side of tower, 3) approval of lease agreement by both parties, and 4) approval by City staff of a satisfactory landscape plan and conditions. Aye: 5 Nay: 0 Agenda Information Memo August 7, 1990 City Council Meeting VARIANC —i'SIDE YARD SETBACK REQUIREMENT 1670 DRIVE F. Variance, John Vaughn, for a Variance to the Setback Requirement from Public Right -of -Way, 1670 Mallard Drive—An application has been received of John Vaughn for a variance to the side yard setback for his property at 1670 Mallard Drive. The purpose for the variance request is to permit the construction of a third garage stall to provide indoor storage for Mr. Vaughn's boat. The lot abuts Johnny Cake Ridge Road for which a 50 foot side yard setback is required. The established setback for Mr. Vaughn's e3dsting garage is 38 feet. He is requesting a variance of an additional 13 feet to accommodate the new stall. For additional information on this item, please refer to the Community Development staff report which is enclosed on pages through for your review. If approved, the variance would be subject to the conditions defined in that report. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an additional 13 foot variance from the established 38 foot side yard setback for property located at 1670 Mallard Drive, Lot 9, Block 2, Mallard Park 2nd Addition. /rr SUBJECT: VARIANCE APPLICANT: JOHN VAUGHN LOCATION: 1670 MALLARD DRIVE L9, B2, MALLARD PARK 2ND ADDITION EXISTING ZONING: R-1 (SINGLE FAMILY RESIDENTIAL) DATE OF PUBLIC HEARING: AUGUST 7, 1990 DATE OF REPORT: JULY 30, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Variance of 13' to the established side yard setback from the right-of-way. COMMENTS: The site in question is located at the southeast corner of Johnny Cake Ridge Road and Mallard Drive. The applicant would like to add a third garage stall to his existing two car attached garage. Johnny Cake Ridge Road has a right-of-way of 100' and by Code, a setback of 50' is required. Mr Vaughn's existing garage is set back 38' from the side property line and he would like to add a 13' wide stall to house his boat. The applicant is seeking this Variance because he feels his boat would be more secure stored inside and for aesthetic reasons. Mr. Vaughn has installed significant landscape materials that he feels will completely screen the proposed garage addition. The applicant believes he needs this additional stall to achieve maximum utility of his lot. If approved, this Variance shall be subject to the following: 1. The building expansion/addition shall match the materials and appearance of the existing structure. 01 All applicable City Ordinances. CERTIFICATE OF SURVEY DRIVE �f� PRV I r'y1 ' + r+ 19 � s O � 1 t t { ' 1 ! I BLOCK 2- C) 0 1' I Ir , S , I t• f r.11 11 r 1 004 •• •1 1 ,1 I �1 I 1lr7 Ry GP -1 SCALE - Ind - �(�' 0 DENOTES IRON MON r f�F F'nRED AOR �ZL1G}�s' C_ 10 BEARINGS ARE n;SUMED JACOBSON SU?VEYC�F EAKEVIt_LE , r,111\414. 5`•l +� � PHONE 1159 1 3 2 ra -Wr''U , ., ^ - To Whom It May Concern, I am again rpqupsti.ng a variance for the construction of a reduced size, attractively built garage stall to be built on the west side of my lot and for this request to b? heard at the August 07th meeting of the city council. This request was to have been heard at the June 19 meeting however due to a discrepancy over the applicable setback from Johnny Cate Ridge Road it became necessary to re-evaluate and post - Phone my request from being heard. I sincerFly hope that the city council,even in light of thn fact that Johnny ^akA moy to considered a major thornfaro, will rocognW that my need for additional storage space is terribly critical in allowing my home and lot to be used to it's fullest Fotent.ial. The design of the proposed garage stall will by very attractive and I believe a natural ertnnsj,n of my house and 1 havp a very appropriate spot for it, and the extensive landreaping T have done and am continuing to Q will basically hide this addition from the strort. Thankyou for your consideration. `:i"cerely, John S. Vaughn 1670 Mallard Drive Eagan, Minnesota. ;5122 01 Agenda Information Memo August 7, 1990 City Council Meeting SEP P��>J APPEALJMINNESOTA PUBLIC RADIO A. Appeal, Minnesota Public Radio, Decision Concerning Variance and Conditional Use Permit for Radio Towers—A meeting of the Board of Adjustment and Appeals was scheduled for August 7 as a part of the regular City Council agenda to consider a formal appeal brought before the City of Eagan regarding a decision that was made at the April 3, 1990 City Council meeting, denying a variance and conditional use permit for the location and approval of radio towers. Mayor Egan will suspend the regular City Council meeting and convene the City Council as the Board of Adjustments and Appeals. The City Attorney has outlined the steps required for Council deliberation and action on this itemnd for additional information regarding this item, refer to a memo enclosed on pages through 12—L. Originally the City was anticipating an action item for a new conditional use permit and variance application to allow radio towers in an LI district located west of Kennebec Drive in the north half of Section 18. A new location is being requested by Minnesota Public Radio as a location for the radio towers. This item was to be considered at the July 24, 1990 Advisory Planning Commission meeting, however, at the request of MPR the item was continued to the August APC meeting. It is the advice of the City Attorney that action regarding the Board of Adjustments and Appeals not be continued due to the fact that the applications that are under review and consideration by that board are different and have no relationship to the new applications, therefore, action by the City Council to either .dismiss or make a decision on MPR's appeal is the proper action to consider. ACTION TO BE CONSIDERED ON THIS ITEM: To proceed with the steps as outlined by the City Attorney and to either dismiss or make a decision to approve or deny the appeal as presented by Minnesota Public Radio, requesting a reconsideration and approval of a variance and conditional use permit to allow radio towers. jig M E M O R A N D U M TO: City Administrator Hedges FROM: City Attorney Sheldon DATE: August 2, 1990 RE: Board of Adjustments and Appeals CITY CODE The Board of Adjustments and Appeals under the Eagan Ordinance is covered under §11.40, subd. 2 (page 322). As provided in Subpart (b), the Board of Adjustments and Appeals shall consider all appeals from ... Council decisions. Subpart (c) provides that the Board of Adjustments and Appeals shall make a finding of fact and make a decision on appeal where it is alleged that error has occurred with the procedures described in subd. 3. The appeal may go directly to the Council. A two-thirds vote of the full Council is required to grant the appeal. (Subp. (e). I question the validity of this.) Subd. 3 applies to variances. Under subd. 3(b)(4), it says in considering all requests for a variance or any subsequent appeal, the Council shall make a finding of fact that the proposed action will not (a) impair an adequate supply of light and air to the adjacent property; (b) unreasonably increase the congestion on public streets; (c) increase the danger of fire or endanger the public safety; (d) unreasonably diminish or impair established property value within the neighborhood; (e) disrupt the traditional practices or social cohesiveness of the community or (f) or in any other way be contrary to the intent of this Chapter or other applicable City Code provisions. There is no requirement the Council hold a public hearing in the City Code. Under subp. (c) (Issuance), it does say that the Council may determine special conditions applying to structures, to land in question or immediately adjoining property which do not apply to other land. In that instance, the Council may to alleviate a demonstrable hardship or difficulty grant the variance and impose conditions and safeguards. STATE STATUTES Minnesota Statutes §462.354, subd. 2, provides that the Board of Adjustments and Appeals shall have the power set forth in §462.357, subd. 6 and §462.359, subd. 4. (This second section does not apply. It refers to official mapping issues.) Section 462.357, subd. 6, provides that appeals may be taken by any affected person upon compliance with any reasonable conditions imposed by the Zoning Ordinance. (Subd. 2) The Board is to hear requests for variances from the literal provisions of the ordinance where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. The Board may grant such variances only when it is demonstrated that such actions will be keeping with the spirit and intent of the Ordinance. Undue hardship means: (1) the property cannot be put to reasonable use if used under conditions allowed by the official controls; (2) the plight of the landowner is due to circumstances unique to the property, not created by the landowner; and (3) the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Ordinance. The Board may impose conditions in granting variances to ensure compliance and to protect adjacent properties. §462.354, subd. 2 (Board of Adjustments and Appeals) also states that the Board: (1) shall within a reasonable time make its order and it shall serve a copy upon the Appellant or Petitioner by mail; (2) any party may appear at a hearing by agent or attorney; (3) the Board may adopt rules for the conduct of the proceedings; (4) the rules may include giving of oaths and filing of written briefs; (5) the Board shall provide for record of its proceedings which shall include minutes, findings and action taken on each matter including the final order. CONCLUSIONS 1. We need to have a record which Karen will provide. 2. The Council should suspend the City Council meeting and convene the meeting of the Board of Adjustments and Appeals. lao 3. The Board should take official notice of all prior proceedings before the Planning Commission and the City Council in this matter. 4. The Board may determine whether to allow a presentation (time length limited) by the Petitioner/Applicant; consider proceedings on record; or hold a longer hearing. 5. The Board shall make a determination, direct preparation of the findings of fact or review prepared findings with appropriate modifications as determined by the Board. 6. The Board shall determine its final order and direct service by mail. 7. If the Board feels that both Planning Commission and Council have had adequate information on this matter, there is no need for an expanded hearing. Thus, there is no need for oaths, receipt of affidavits, or other material or receipt of briefs. 8. The Board of Adjustments and Appeals, at least according to state law, only applies to variances. City Code Subd. 2 in §11.40 states review of Council decisions. It may also apply to conditional use permits although that argument is tenuous at best. Thus, it is reasonable to believe that the only obligation of the Board is to review the variance. 9. The approval of the variance should be on a majority as in any other variance. The Code provision requiring a is inappropriate in that that provision could be majority of the Council by changing the Ordinance. JFS/djk dal of the Board greater vote changed by a Agenda Information Memo August 7, 1990 City Council Meeting SPECIAL HUNTING PERMITIRICHARD MAURER A. Permit, Special Hunting, Richard Maurer, 3370 Lexington Avenue—An application has been received of Richard Maurer requesting a special permit for bow hunting on 40 acres of property which he leases at 3370 Lexington Avenue. Enclosed on pages _Zj3a through is a copy of a letter sent by Mr. Maurer requesting this permit. Also enclosed on pages 121411y you will find the City Administrator's correspondence to Mr. Maurer outlining additional information which will be necessary if Mr. Maurer intends to include additional hunters in his hunting party or hunt on property other than that leased by himself. This request for additional information is consistent with the criteria adopted for exceptions to City Code Chapter 10.10, Subd. 4 which prohibits all hunting in the City of Eagan. If Mr. Maurer intends to hunt on his own property only, his application is in order for consideration. If he intends to add additional members to his hunting party or hunt on property owned by Jerry Krueger or Harold Becker as is referenced in this letter, it will be necessary for him to provide the information required in the criteria for exceptions. Staff has requested this information no later than August 6 to be included in the Additional Information packet to the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the application of Rick Maurer Jr. for a special hunting permit for a property located at 3370 Lexington Avenue as presented above or as modified by additional information. / Z70L.::L 7 /y s;/ysc Ae l/o yrs, rr, &Ih� ah, � i yv� a I-*-- C k / rA y vl a w1 e fL v r'"� 4 f1,4 C a too- w Ph a P /l e' L -j L^. WX 4-1 H f i �ey aC'�cLrye SC�'12c�►tilr� 4—''1 C c�� (r� LAJ Y - y d s Q �l�cCIL CL .5 fa All" h rXi� �PP� TkA C'0�4�. QCveS Gere ao,4 ad '��,e� J agr yo acres ley J- V /C ilk -Cr- CA- 9A, ( ZCG a Cf of � y l3 0 vs�U �e r rr �J s� f - o �e- -/ v `t K k_ 01-1 e &- (a /6 0 eir> C�3 Oki5�er ICA, P/e4,�e /�s� ✓h 641 JZ�Yy �v�yP`S 4(S�, ML L.t V BV c7% • rn h C J'v � l� k f v' �-, ��l�vy �rtiyCi� 3 7 0 C -e Xiti�-r11 A,/ /� (lit 07� 4 cuy Tj, 0 C y T( V--% ", m cl, V\ -5 f ( f t 4 L,, f' % V / it �• ^r3 I� / 7 kiV ! ' 7/ 12�", 6", G^ N s —dtV OF czagan 3830 PILOT KNOB ROAD THOMAS EGAN EAGAN, MINNESOTA 551122-1897 Mayor PHONE: (612) 454-8100 DAVID K GUSTAFSON FAX: (612) 454-8363 PAMELA McCREA TIM PAWLENTY THEODORE WACHTER July 23, 1990 Council Merribm THOMAS HEDGES City AdmmiSrator EUGENE VAN OVERBEKE Crry Clerk MR RICHARD MAURER JR 3370 LEXINGTON AVENUE EAGAN MN 55121 Dear Mr. Maurer: I have received your letter regarding a special hunting permit for the coming season. We will schedule consideration of your hunting permit for the August 7, 1990, regular City Council meeting. Because you intend to hunt on land leased by you, no written permission need be included with your application. However, if you intend to hunt on either Mr. Kruger's property or Mr. Becker's property, you will need their written permission. This written permission must be forwarded to the City as part of your application. Also, if Mr. Kruger intends to do any hunting other than as a member of your hunting party on your property, he will need to apply for a special permit in his own name. We will also require the names, addresses, and vehicle license numbers (including your own) of all members of your hunting party. This information must be received no later than August 6 for the August 7 City Council meeting. If it is not received, it will be assumed you only intend to hunt on your own property. �Sincerely, l I" Thomas L. dges i2 City Administrator TLH/kf THE LONE OAK TREE—THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/AffirmativeAction Employer I a-77 1) HUNTING AREA Applications will only be considered for parcels of property zoned five acres or more and zoned 11agricultural". 2) PERMISSION Applicant must secure the written permission of the property owner and supply a copy of said permission as part of the application to the City Council. (This provision is waived if the landowner and applicant are the same.) 3) IDENTIFICATION Applicant must provide names, addresses and motor vehicle license plate numbers of the hunters in the applicant's "party". The maximum number of hunters allowed under one application shall be five (5). 4) WILDLIFE Hunted wildlife shall only be deer (bow or rifle), goose, duck, pheasant and partridge. The Eagan City Council may grant permission for any of these wildlife to be hunted to the exclusion of others. 5 ) SEASON The maximum dates of the season for each wildlife hunted shall coincide with the hunting dates established by the Minnesota Department of Natural Resources (DNR). The Eagan City Council may, at its discretion, reduce the season for each requested permit within the DNR season. 6) WILDLIFE MANAGEMENT The Eagan City Council may deny any application for special hunting if the permit does not serve the purposes of wildlife management, even if the applicant has complied with all of the requirements. Agenda Information Memo August 7, 1990 City Council Meeting SPECIAL HUNTING PERMITIDAN FRIENDSHUH B. Permit, Special Hunting, Dan Friendshuh, 1551 106th Street West, Bloomington—An application has been received of Dan Friendshuh requesting a special hunting permit for the Pahl farm property consisting of approximately 50 acres lying adjacent to the Minnesota River east of Nicols Road. A copy of the application is enclosed on pages through/ ? � for your review. In addition, criteria relating to exceptions to the hunting ban are included on page Z3'41 This application has been approved in the past for John Yanta under similar conditions. With respect to the criteria, the following items should be noted: 1. While all but two of the hunting party are members of the Pahl family, the application is currently absent written permission from the property owner which should be provided. 2. The application names seven members of the hunting party instead of the specified five but asserts that a maximum of four to six hunters will be on the subject property at any given time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the special hunting permit for Dan Friendshuh for the Pahl property located adjacent to the Minnesota River and east of Nicols Road as presented. gay Dan Friendshuh 1551 106th Street West Bloomington, MN 55431 July 13, 1990 Honorable Mayor Tom Egan and City Council Members of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Mayor/City Council Members; Pursuant of the City Council Member's August 15 amendment to the Eagan Dangerous Weapons Ordinance which no longer allows hunting in Eagan, I would like to submit this letter outlining my request for permission through the City for a special hunting season permit. This permit will follow the guidelines of Ordinance 10.10, Subdivision 4. I have outlined for your review various reasons and evidence on why I would appreciate the opportunity in receiving a permit to hunt in Eagan. The subject property is located in the Northwest 1/4 Section 18, along the Minnesota River and East of the new Cedar Avenue Bridge. It is the Pahl Farmland and contains 49.75 acres. A special permit was issued for us to hunt our farm in 1989. We are asking for the same permit with the same provisions and requirements as was issued in 1989. At the city council meeting I will outline the following facts to support my reasons for hunting: 1. Install and implement large readable and unremovable signs that indicate ("No Public Hunting"). 2. I will present a plat map outlining the Pahl's property and all contingous property that would be affected by this special hunt. 3. I will provide license plate numbers and names for all individuals' cars who will be hunting during this special season. These license plate numbers will allow the Eagan Police Department expedient interpretation of any potential trespasser on the subject property. 4. Also, each individual hunting on the subject property will be carry- ing a special hunting permit signed by the property owner. All members hunting will be from the Pahl family except for Stub Hall and Tony Degroot. 5. I have included the specific dates in which we are requesting a permit to hunt the subject property: Bow hunting for deer which starts September 15 - December 31, 1990 Duck and goose hunting which starts October 1 - November 4 Pheasant hunting which starts October 15 - December 3. The special metro goose hunt from September 1 - September 15 and December 15 - December 25. l3� (2) 6. Enclosed is a copy of a letter from the Minnesota Department of Natural Resources. Jon Parker has outlined the possible dangers of not harvesting both geese and deer in the seven county metro area. Jon also is in support of having the city allow a special hunting season for the Yanta party. This letter was originally given to John Yanta, who has applied for a hunting permit through the city. 7. We anticipate not having more than 4 to 6 hunters at any given time hunting at the subject property, with normally only 2 to 3 hunters at one time. All hunters are very experienced, knowledgeable individuals. Tony Degroot has for many years taught gun training to young hunters. I would appreciate the opportunity to present these ideas and address any questions or concerns that the Council may have. If you should have any further questions or need additional information, please feel free to contact me. My work number is 888-4487. Thank you once again for your time and consideration on this matter. Sin rely, IV,; / / ^I Dan Friendshuh DF/mk enclosures (-51 Dan Friendshuh 1551 106th Street West Bloomington, MN 55431 July 13, 1990 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Regarding: Special Hunting Permit for Pahl Farm To Whom It May Concern: On July 13, 1990 we are requesting a special hunting permit for the Pahl Farm which is located on 50 acres along the Minnesota River and East of the Jens Casperson Park. As requested, and a condition of the permit, I have enclosed a list of the parties that will be hunting on the property, along with their license numbers. Son Don Pahl MVB 035 Son-in-law Dan Friendshuh LCU 556 Friend Tony Degroot RGY 342 Son-in-law Jim Bubblitz 766 AGG Son-in-law Ted Melby 699 IIS Grandson Nick Melby 569 ERX Friend Stub Hall BBG 869 Th .r Dan Friendshuh DF/mk I't) -,)- I HDN_ t:0.( a12) e4=-2303 Pum Wildlife Cf tiro 2_3 h^1^e's Street, Ric Sol S-�a:coee, N1i 55379 !t. Ymta 7760 Ferro Ave_. S. S`.14to 770 �•^ts , rN 55:35-52E2 31 p,=,s t loco I FILE 1:0. 7c.Js is to C.I.• tolc"•lLI� ir--ntirg cn tie JC._ I'--Z)--aly pr•zer ty in rp-mn. You zr ticipete ha% -+erg tc 4 rrznters on tib ^a-_= tunes hr--itir:P deer and 0M. --3a ase -se. Ti- F--tr:�-rtY is to tea in til- svuth 1/2 of S--=ti--n 1B betveen old D. , - Averr �_ m d tib B=r=imton No:-trb:n tra=tip. I vn,a1d �•�,i a tip city to ally -a to 1*.1nt this area. This is thb the of situation v dch I h.-:3 in mind vi -_-t I 4isc�e3 �,j_ props ed 1=tir3 clos,:se with Police Chief G= --n. y h .--st of Cznsda corse v=tld be in z• 1-3 with tr_ objeotice of tip D'P to slcy: tib croath of t�_- mailation in tib 7-c=_:nty ae-tro e*�a. I rza�e a1Te-::Iy hz6 rr.1_;seen—.- r=pIaints frau B=m resic n*.s re• rdirz gorse. p.�. c- a h�.^:1est, _�-ge_ially C1rir� iib sL`eCial retro seasons (Sept 1-10) std £e tuber will h+--lp to re'-.:.1Ce loml g w.` 41e rot imaotir,- r=:c:m*s. Tre alter-L_ive is tib "trap and t.L:spint11 P"C'r v.-hiCh is L -!=r -, it ot_--r car --Cities Md is mid for ty t?-- Cities. Our p-_njeoti-_rs ir�irot�' that *„ib >*etro pcp.11a`-icn vmiLld in_-r—ese by 2C-0 % ( triple) by 1990 witrs^.1t a.ti=•n. C,-,- objere tiE�is to lirwit tib in---r-ease to 100 % (d=_�ble) . T:Zs ga_--e will be berbfi_ial to trs city. Ge -s- will not be eli:.inated fral the C.ty. Wt t}b har^.-e-st will r--.i=e tib rm3 for otter c=ntrols. TT- lar-pst of c-er in this L^ea is also in kC=rd with v!vm cbieCtives to red=e tle deer m- pulaticn density. Dar obje=tives are well l=orn to the city and t}_ -y have horsed tibm by otpezing tib Fort Snelling State Park for shotgti deer hunting. Yc,.1r harvest of deer will help is attain aur goal, z:r3 it will r --d=e the reed for taldng additional deer with sharpshooters. I r---juest that you report the n=lmr and sex of deer talon in this area if tke city alloMs. We can then add this to the spe=ial k=t total to eetermire tib =nb?r to be tarn by shar•mh ooters. Your deer ha -•est will be bgeficial to ti- city of Eagan in that it will help to redt,ne deer -ter collisions and daam to v g*etation. _ -enol •. on M. Parker, Area Wildlife Muer AN EQUAL OPPORTUNITY EMPLOYER 1) HUNTING AREA Applications will only be considered for parcels of property zoned five acres or more and zoned "agricultural". 2) PERMISSION Applicant must secure the written permission of the property owner and supply a copy of said permission as part of the application to the City Council. (This provision is waived if the landowner and applicant are the same.) 3) IDENTIFICATION Applicant must provide names, addresses and motor vehicle license plate numbers of the hunters in the applicant's "party". The maximum number of hunters allowed under one application shall be five (5). 4) WILDLIFE Hunted wildlife shall only be deer (bow or rifle), goose, duck, pheasant and partridge. The Eagan City Council may grant permission for any of these wildlife to be hunted to the exclusion of others. 5) SEASON The maximum dates of the season for each wildlife hunted shall coincide with the hunting dates established by the Minnesota Department of Natural Resources (DNR). The Eagan City Council may, at its discretion, reduce the season for each requested permit within the DNR season. 6) WILDLIFE MANAGEMENT The Eagan City Council may deny any application for .special hunting if the permit does not serve the purposes of wildlife management, even if the applicant has complied with all of the requirements. Agenda Information Memo August 7, 1990 City Council Meeting CONDITIONAL USE PERMPTICROWN COCO INC VARIANCE.,TYLON SIGNINICOLS AND DIFFLEY C. Conditional Use Permit, Crown Coco Incorporated and a Variance to Allow a Pylon Sign Located at the Northwest Corner of the Intersection of Nicoll Road and Di$ley Road in the Southwest Quarter of Section 19—An application has been received by the Community Development Department from Crown Coco, Inc., for a conditional use permit for a pylon sign and a variance of 23 feet to the allowed pylon sign height and a variance to the 126 total square feet to the allowed sign area. For additional information on this item, please refer to the Community Development staff report which is enclosed pp pages ZJL through IVIfor your review. Also enclosed on pages GYM through for your review is a copy of the Advisory Planning Commission minutes relative to this item. The APC is recommending denial of the applications as presented. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the conditional use permit for a pylon sign and variances of 23 feet to the allowed pylon sign height and 126 feet to the allowable signage area for Crown Coco, Inc., for the gas station located at 4195 Nicols Road. CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT AND VARIANCE APPLICANT: LOCATION: EXISTING ZONING: CROWN COCO, INC. 4195 NICOLS ROAD (10-01900-011-55) GB (GENERAL BUSINESS) DATE OF PUBLIC HEARING: JULY 24, 1990 DATE OF REPORT: JULY 15, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: Two separate applications have been submitted requesting a Conditional Use Permit for a pylon sign and a Variance of 23' to the allowed pylon sign height, as well as a Variance of 126 total square feet to the allowed sign area. BACKGROUND: On April 4, 1989 the City Council granted a Conditional Use Permit for a pylon sign to Crown CoCo, Inc. Conditions placed on this permit included a maximum sign height of 27' and a maximum signage area of 125 square feet per side. These conditions reflect City Code standards for pylon signs, The applicant did not utilize this Conditional Use Permit within a year and as a result, the permit became void. For this reason, the current Conditional Use Permit application has been submitted. COMMENTS: The site in question is bounded by Highway 77 (Cedar Avenue) on the west. Because the freeway is adjacent to this site, the City Code allows both a pylon sign and a free-standing ground sign. Due to the proximity to Highway 77, the applicant is seeking Variances to both the allowed sign height and sign area. The applicant believes a 50' high sign with a total sign area of 376 square feet is necessary to be seen from the freeway. The site currently has a large ground sign (4' x 20'). In addition to the items discussed in this report, the applicant intends to remodel and expand the existing facility at this site. As part of the improvements, landscaping (where possible) should be included. SITE PLAN: The existing parking lot at the site is bituminous and concrete on the east half and gravel on the west half. The bituminous portions of the parking lot are in poor condition because of inadequate drainage and needs repair. Staff recommends that the parking lot be upgraded to City standards with the building addition. The new parking I,3 b tot would contain a concrete curb and gutter around the entire edge of the lot to control where people park and to confine the drainage from this site to a proposed storm sewer. During the reconstruction of the parking lot, the developer shall design the new parking lot to meet the City's setback requirements. The setback to the parking lot from the right- of-way lines of Diffley Road, Cedar Avenue, and Nicols Road shall be 20'. The setback to the parking lot from the north property line shall be 5'. The new site plan shall be reviewed by City staff to verify that adequate parking spaces will be provided and that good access and circulation will be provided. If approved, this Conditional Use Permit and Variance request shall be subject to the following: I. All applicable City Codes shall be adhered to. 2. A landscape plan shall be submitted and approved by staff prior to any sign erection. 3. No outdoor storage or display of merchandise shall be allowed. 4. The parking lot for this site shall be upgraded to current City requirements with the building permit application. 5. A grading, drainage and erosion control plan shall be prepared and the drainage from the site shall be conveyed to the City's storm sewer. J3� FINANCIAL OBLIGATION - 10-01900-011-55 19 -CU -10-7-90 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 Rats 13 8 Quantity AMMMt $ 0 I i, "LE - 1,., L) IF i LL Q J�- 139 d W V -CROWN a 1. cc "PAM v 319 ULYSSES ST ME MINNEAA�uS, M R 55� 13 p�►VE MILLER 33'" 29?.8 SCALE �'_ 40' N 4195' N ICOI_S ROAD o,',, ww1 FE+IL[ 7.DOrL 6.1a 0, ♦iloT I z 3 i+ I W a 1 so 1-0 Val tILI"S I W a CSA► K 30 -D 1 Ff LE i AMOCO TROPERTY i '31 so 1-0 Val tILI"S W � 2' S4' &" zt.�,'' t�' �' , _ '� u W, vow d ---- d A ..s %Wr I j PewtR TOLE � _ p F �• Qiwew �' u a i IL iq - I - - - - C - s ce% ' �1 V1 r 0 �W a Ih . w1A�lqA I J 1.STMl�t'f I{ I J - S S�S[tM3►K b.' I 1>1Nt NlA 1169" ► i or as 14 �� r fFpjx$ mslm6"6 uss"+b si4&wj�b 90Z 'foram TL LOO.tso JV CSA► K 30 -D 1 Ff LE i AMOCO TROPERTY i '31 8' x 19' = 157- SQ FY Sc.ALE . 5/i (a" = )'-c>" WA RE LeTTERS w%TE Sk A•*bowiNG AND RED ILAcrcGRoQND- VAi�IANCE ILEc?vES7 To A L \-O\N 5 0' N IG4 S i G�A To bE SEEN BY TE.AFF tc. 0W N t GNwaX 7 7 CcEDA�� w iTµ (" x (" To gE SEEN !fir rQAcc+C C* V4 D14E1G4T kuzGNEfl W %TMOJT VAi IO W -E IS L7 I ANb sc 0,01E rem -T- 414 6&jd6% �S (Ls SQvAv.t rE ET• Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES July 24, 1990 b. All green areas shall have underground irrigation systems. 7. The development is required to provide ponding of site generated storm water to limit flow into the existing City storm sewer system to the five year storm event. S. The development is required to provide a six inch watermain and minimum eight inch sanitary sewer to serve the development. 9. The development is required to submit detailed plans and specifications for the proposed retaining wall construction for staff review and comment prior to final plat approval. All voted in favor. CONDITIONAL USE PERMIT - CROWN COCO# INC. Chairman Graves opened the next public hearing for the evening regarding a conditional use permit and a variance to allow a pylon sign located at the northwest intersection of Nicols Road and Diffley Road in the southwest quarter of Section 19. City Planner Jim Sturm reviewed the staff report and provided an application summary and background information. He requested that two additional conditions be added. Those being: I. All signage ordinances shall be adhered to. 2. A future building expansion involving a major change would require platting of the property. Dave Miller, representing the developer, gave the background for the application and stated that the Amoco station across the street had a sign with virtually the same dimensions as his request. Member Gorman asked where the price sign would be on the pylon. Mr. Miller responded that it would be approximately twelve feet from the ground. Member Merkley stated that the Amoco sign across the street seemed smaller. Member Trygg stated that there were no cross-sections to show the need of the sign. The developer stated they had relied on Amoco's past cross-sections. Member Graves stated 1 V2 Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES July 24, 1990 that the Planning Commission should be able to see what the sign would look like using cross-section diagrams. Member Trygg stated she did not see a reason to vary from the ordinance standards. Member Miller was confident that the Amoco sign was not 10' by 171 and he was not inclined to grant the variance. Member Voracek questioned the hardship and stated that the Amoco sign did not, in and of itself, prove a demonstrated need for the Crown Coco sign. Member Gorman agreed. Member Miller stated the applicant should be given the opportunity to continue the item if he liked for further information. Chairman Graves suggested that the applicant put together a total sign agreement for the site. Member Voracek stated that the APC's action was advisory and that the Council still had the final decision should the APC deny at this point. Chairman Graves stated that should there be an approval of this application, condition number 8 should be modified to require an agreement with staff as to the overall signage on the property. Trygg moved, Miller seconded, the motion to deny a conditional use permit and a variance to allow a pylon sign located at the northwest intersection of Nicols Road and Diffley Road in the southwest quarter of Section 19 due to the requested variance. All voted in favor. Member Voracek stated that there was no hardship demonstrated for the variance. FINA SERVE INC. ADDITION - FINA OIL AND CHEMICAL COMPANY _ Chairman Graves opened the next public hearing for the evening regarding a preliminary plat consisting of approximately 1.7 acres for a motor fuel station and a conditional use permit for a pylon sign and motor fuel sales located at the intersection of Highway 149 and Highway 55 in the northwest quarter of Section 12. City Planner Jim Sturm provided an application summary and gave background of the site. He further stated that the applicant should be commended for their work with staff. Don Marrow, representing Fina, stated that they had no major issues with the staff report and that the surveyor and architect were available for questions. He questioned the outdoor sales prohibition but was satisfied that it was fairly applied. He further stated that l� Agenda Information Memo August 7, 1990 City Council Meeting PRELIMINARY PLATIVALLEY ACRES MUNICIPAL GUN FIRING RANGE D. Preliminary Plat, Valley Acres/City of Apple Valley, Consisting of Approximately 6.8 Acres for a Municipal Gun Firing Range Located West of Terminal Drive in the South Half of Section 8—At its regular meeting of Tuesday, July 24, 1990, the Advisory Planning Commission held a public hearing to consider an application for a preliminary plat for the Valley Acres subdivision consisting of one lot and block on 6.8 acres located in the southeast quarter of section 8 west of Terminal Drive. The City Council previously approved the special use permit for operation of this site and, as a consequence of the improvements required to operate the site, platting of the property is necessary. For additional information regarding this application, please refer to the Community Development staff report which is enclosed on pages �hrough/ for your review. Also enclosed on pages -YSL through are the Advisory Planning Commission minutes in this regard. The Advisory Planning Commission is recommending approval of this item. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat for Valley Acres consisting of one lot and block on approximately 6.8 LI (light industrial) acres located west of Terminal Drive in the south half of section 8. 14 SUBJECT: PRELIMINARY PLAT - VALLEY ACRES APPLICANT: CITY OF APPLE VALLEY, POLICE DEPARTMENT LOCATION: SE 1/4 OF SECTION 8 EXISTING ZONING: LI (LIMITED INDUSTRIAL) DATE OF PUBLIC HEARING: JULY 24, 1990 DATE OF REPORT: JULY 19, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted by Captain Terry Cook, Apple Valley Police Department, requesting a Preliminary Plat of approximately 6.7997 acres located on P.I.D. 10-00800-040-75 and part of P.I. D. 10-00800-012-50. BACKGROUND: Earlier this year, Captain -Cook received direction from the Apple Valley City Council to pursue a firing range with a Joint Powers Agreement. Apple Valley had approached the Cities of Eagan and Burnsville regarding participation in the firing range. The search ended with the above-described site. A Special Use Permit was approved unanimously by the City Council on May 1, 1990 allowing the City of Apple Valley to construct a police firearms range within a Limited Industrial district subject to the following conditions: I. Annual review of the caliber of firearms being used at range. 2. Compliance with all licensing requirements. At that meeting, Captain Cook told the Council that the National Rifle Association said this is the 'best natural range in the state" due to the bluff location. Because the property is undergoing improvements, platting of the property is necessary. EXISTING CONDITIONS:. The site is located west of Sibley Terminal Industrial Park, Lots 10 and 11, Block 1, and Yankee Doodle Drive. The Chicago Northwestern Railroad tracks are located to the west of the site. The site slopes down to the tracks from the eastern property line. COMMENTS: The plan indicates access will be taken from Yankee Doodle Drive. The site plan indicates three shooting positions, a decision shooting area, a 50 -yard and a 100- /45 r yard position. The site was designed according to the NRA manual. There are a couple of buffer zones which are separated from the shooting areas by 7' barrier walls, with 6" of rock in 2" x 8" planks. There will be traps at the end of the ranges with concrete bottoms to catch the lead. A 24' x 32' building will be located on the site to be used as a classroom. I �� GRADING RAINAG ROSION CONTROL: This plat provides for the grading of an undeveloped area of the City that is located between Sibley Terminal Industrial Park and the Minnesota River. The existing area of the plat has a maximum differential in elevation of approximately 40'. The area is open except for 5 large cottonwood trees, other smaller softwood trees, and areas of brush. All of the larger trees will be lost as a result of the site grading. The grading will not result in any change to the existing drainage patterns. Presently, drainage from the land flows to the Chicago, St. Paul, Minneapolis and Omaha Railway line ditch which has a very flat grade and has been partially filled with silt from upstream drainage areas. During severe storms, water can reach other storm sewer facilities either north or south along the tracks. According to the City's Storm Water Comprehensive Plan, runoff from this area is to be directed by. a trunk sewer to Pond CP -8. Based on present development, staff does not recommend construction of the trunk sewer at this time. Storm sewer for the site is not indicated on the plat but Staff recommends that two storm sewer systems be installed. These systems would collect runoff from the northwesterly end of Yankee Doodle Road and the proposed parking area. Collected water would be directed into the ditch along the railroad tracks. Grading of the site will result in an access road with a 10% grade from the northwesterly end of Yankee Doodle Road to the parking lot and building area. WATER QUALM: As indicated, storm water runoff from the area flows to a railroad ditch where it either evaporates or soaks into the ground. When the area becomes fully developed, storm water from the area will be directed to Pond CP -8 which is classified as a storm water basin under the Water Quality Management Plan. Based on the land use of the plat and runoff characteristics from the site, a total of 0.26 acre-feet of wet storage volume should be provided from the drainage area of the area of the plat that is proposed to be developed. Due to the classification of Pond CP -8 and the poor ditch drainage which aids in sediment and nutrient removal, Staff recommends that a cash contribution to the water quality fund be required for this plat. UTILITIES: Water and sanitary sewer will be required for the proposed improvements within the plat. The preliminary plan provides for the construction of a private well and septic system. Due to the location of existing water mains a minimum of 800' from the proposed building, staff will not recommend that City water be extended to the site. An MWCC sanitary sewer main is located within the plat but is higher than the proposed building. Although a septic system may work for the site, staff recommends that a small pump be provided to lift the sewage to the MWCC line. STREETS/ACCESS CIRCULATION: Access to the plat will be from the northwest end of Yankee Doodle Road and will require a curb cut. 1�� RIGHT-OF-WAYIEASEMENTS!PERNIITS: An existing MWCC sanitary sewer easement will become part of the plat and required easements along the Property line will be dedicated as part of the plat. No additional easements are required. The development will be responsible for ensuring that a permit is obtained from MWCC for connection of their sanitary sewer line to the MWCC interceptor. In addition, plans for the project will need to be reviewed and approved by the Lower Minnesota River Watershed District. FIKII�NCIAL OBLIGATION - APPLE VALLEY ACRES 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 project Use Rate Quantity Amount Trunk Storm C/I .083/SF 296,196 S.F. $24,584 Sewer Total 24 584 14a ('t)NDITIONS FOR VAI,I,FV ACRES These standard conditions of plat approval shall apply: A], B], C], C2, C5, DI, E1, F1, Gl, and Hl. 2. Annunl review of the caliber cif firearms being used nt the range. ?. Compliance with all licensing requirements. 4. The development is required to provide internal storm sewer to serve the entrance drive and parking Wren. The development is required to connect to the existing sanitary sewer adjacent to the site. A Permits nre required Boni MWCC for connection to the sanitnry sewer, Dnkota County for curb cut on Ynnkee Doodle Rand and from the Lower Minnesota River Watershed I)istrict for the proposed development. T. The development is requited to construct the proposed entrance drive incl Imtking area in accordance Nvith City Code. 1`� STANDARD CONDITIONS OF PLAT APPROVAL A. 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. B. Easements and Rights -of -Way 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. C. 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 I. 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 Quality Dedication 1. 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. Qther 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City council Approved: Au5ust 25, 1987 Se2tember 15, 1987 Revised: July 10, 1990 plataprv.con LTS *2 S( STREET MAP ZONING MAP COMP. GUIDE PLAN MAP L ! i . r Jl r is y W U J O a Y� d Li•F F.�i �!. N LLI Q i Q V a CCW Iz J z W E • I fI 4• � 1 .. _ -:ii=i .is=� • r _: i'��. •� iii .' Ar •�• ..� i W �z C< � C �B� r a U • 'I 49 .. _ -:ii=i .is=� • r _: i'��. •� iii .' Ar •�• ..� . .�' I• — f• '4' p1 11 �z C< � C �B� r a U • 'I 49 .` J d •S it 1 LL J IL IL )t _ •I �z C< � C �B� r a U • 'I 49 .` J d •S it _ •I Or • L. W i ,� r •7 l { Or I m 1141: 141 1 O II 1 N o Z a p U 1141: 141 1 fil- ti ::4; ..:. ;`.::::::: . . ... ... . . ... g . .... .... • �Y••'' s: .• ::1: •.{�: y+ �• w . ...... . ` .. : ::i•, b �f i` t•:is� \ :.. #� �. /, j log • ' "-'yam *�,- •� v Page S/EAGAN ADVISORY PLANNING COMMISSION MINUTES July 24, 1990 13. No more than one pylon sign shall be allowed on site. Said sign to conform to City Code or be granted a variance. All voted in favor. Miller moved, Trygg seconded, the motion to approve a conditional use permit for motor fuel sales located at the intersection of Highway 149 and Highway 55 in the northwest quarter of Section 12. All voted in favor. Miller moved, Voracek seconded, the motion to approve a conditional use permit for a pylon sign located at the intersection of Highway 149 and Highway 55 in the northwest quarter of Section 12. All voted in favor. VALLEY ACRES - CITY OF APPLE VALLEY Chairman Graves next opened the public hearing regarding a preliminary plat consisting of approximately 6.8 -acres for a municipal gun firing range located west of Terminal Drive in the south half of Section 8. City Planner Jim Sturm provided an application summary and presented the staff report to the Advisory Planning Commission. Eagan Chief of Police Pat Geagan gave background of the application and explained its purpose. He stated that Captain Bruce Erickson from the Apple Valley Police Department was also available for questions. Jim Kennedy, a neighboring resident, asked if the site would be available for civic organizations. Chief Geagan stated that they wanted to keep the shooting down as much as possible in consideration of the neighbors but that he was still unsure if it would be open to other organizations. He stated he would keep in touch with Mr. Kennedy as to its availability. Member Merkley asked if the staff would address the parking issue on Yankee Doodle near the gun range. Page 91EAGAN ADVISORY PLANNING COMMISSION MINUTES July 24, 1990 Trygg moved, Miller seconded, the motion to approve a preliminary plat consisting of approximately 6.8 acres for a municipal firing range located west of Terminal Drive in the south half of Section 8 subject to the following conditions: 1. These standard conditions of plat approval shall apply: Al, B1, C1, C2, C5, D1, E1, F1, G1 and H1. 2. Annual review of the caliber of firearms being used at the range. 3. Compliance with all licensing requirements. 4. The development is required to provide internal storm sewer to serve the entrance drive and parking area. 5. The development is required to connect to the existing sanitary sewer adjacent to the site. 6. Permits are required from MWCC for connection to the sanitary sewer, Dakota County for curb cut on Yankee Doodle Road and from the Lower Minnesota River Water Shed District for the proposed development. 7. The development is required to construct the proposed entrance drive and parking area in accordance with City Code. All voted in favor. !MULTI -FAMILY RESIDENTIAL %AND STUDY Assistant City Planner Kristy Marnin gave a brief overview of the City's Multi -Family Residential Land Study. AREA A - MULTI -FAMILY RESIDENTIAL LAND STUDY Chairman Graves opened the first public hearing dealing with the Multi -Family Residential Land Study and that area designated as Area A regarding a Comprehensive Guide Plan amendment to change the land Is -7 Agenda Information Memo August 7, 1990 City Council Meeting COMPREHENSIVE GUIDE PLAN AMENDMENTIREZONINGC MULTI -FAMILY RESIDENTIAL LAND STUDY AREA D E. Comprehensive Guide Plan Amendment, City of Eagan, 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 for Property Located West of I -35E and South of Lemay Lake in the Northwest and Southwest Quarters of Section 10 --At its regular meeting of June 26, 1990, the Advisory Planning Commission met to consider four areas of the Multi -Family Residential Land Study. Included was a public hearing for Area D located west of I -35E and south of Lemay Lake in the northwest and southwest quarters of Section 10. This item was scheduled to be heard by the City Council at its July 17, 1990 meeting and was continued to this meeting at the request of the property owner to permit one of the of owners to be present. For additional information on this item lease review the Community Development Department City Attorney's staff report w rich is enclosed on pages =through Zdt_ for your review. Also enclosed on pages through t7. -Lk a copy of the Advisory Planning Commission minutes related to this item. The Commission is 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 and rezoning of Multi -Family Residential Land Study Area D as presented. /Is -611, SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT & REZONING - MULTI -FAMILY RESIDENTIAL LAND STUDY AREA D APPLICANT: CITY OF EAGAN LOCATION: WEST SIDE OF I -35E SOUTH OF LEMAY LAKE NW AND SW 1/4S SECTION 10 EXISTING ZONING: R-3 TOWNHOUSE RESIDENTIAL DATE OF PUBLIC HEARING: JUNE 26,1990- DATE 6,1990 DATE OF REPORT: JUNE 19, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT & CITY ATTORNEY'S OFFICE BACKGROUND: Over the past year, the Community Development Department has been stud)ing 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 D -III Mixed Residential (6 to 12 units per acre) in the Comprehensive Land Use Guide Plan and zoned R-3 Townhouse Residential. f59 The attached data sheets from the "Draft Report" (July 1989) and exhibits provide additional descriptions of Study Area D. CITY COUNCIL RECOMNIENDATION: The City Council recommended consideration of a Comprehensive Guide Plan amendment and rezoning such that Area D would be designated D -I Single-family Residential (0 to 3 units per acre) and zoned R-1 Single- family Residential. PROPERTY OWNER COMMENTS RECEIVED: The property owner, Lance Company, has not been in contact with City staff regarding the recommended changes. LEGAL ISSUES: As noted in the cover memo to this agenda packet, review of material related to Area D does not indicate any special or unique legal principles or issues to be resolved. The general principles outlined in the May 15, 1990, memo included with this agenda packet serves as a guide in the potential plan amendment and/or rezoning of this property. ACTION TO BE CONSIDERED ON THIS ITEM: To recommend approval or denial of a Comprehensive Guide Plan amendment to change the land use designation of approximately 9 acres within P.I.D. 10-01000-010-57 (part west of I -35E only) from D -III Mixed Residential (6 to 12 units per acre) to D -I Single-family Residential (0 to 3 units per acre) and a rezoning of the same land from R-3 Townhouse Residential to R-1 Single- family Residential. /6-O MULTI -FAMILY RESIDENTIAL LAND STUDY AREA D Area D consists of the west part of one parcel which is split by I -35E GENERAL LOCATION: Along the west side of I -35E south of Lemay, Lake, in the NW and SW 1/4s of Section 10 SIZE: 9 acres Area D is of sufficient size to support a variety of development - intensity options. ZONING: R-3 COMPREHENSIVE PLAN LAND USE DESIGNATION: D -III EXISTING LAND USE: vacant and agriculture SURROUNDING LAND USE, ZONING, AND COMP PLAN LAND USE DESIGNATION: North - Lemay Lake and multi- family residential; zoned R-4; designated D -IV South - vacant; zoned•NB; designated LB East - I -35E West - park (pond) and single-, two- and multi -family residential; zoned P, R- l(PD) and R-4; designated P, D -II and D -IV The existing nearby uses are mainly residential, with a range of densities. However, the vacant land to the south is designated for commercial use. Considering this variety, no single land use will be completely compatible with all surrounding uses. Buffering will be necessary regardless of development type. TOPOGRAPHY: The site contains gently rolling slopes throughout. Area D's topography is suitable to - PAGE D.1 - /G� most development types. Extensive grading should be unnecessary. VEGETATION: Area D is primarily open grassland (and crops), with the exception of relatively dense mixed wood with understory vegetation around the edge of Lemay Lake and the pond to the west. Most development intensities can be sensitive to the existing vegetation around Lemay Lake and the off-site pond. Landscaping requirements of any proposed development can mitigate the loss of other existing vegetation. ACCESS: Area D borders Marice Drive and High Site Drive, both LOCAL STREETS. Although the site also abuts I -35E, no direct access would be allowed. The access currently provided to Area D is sufficient to accommodate low -intensity uses. Direct land access would be allowed to both Marice and High Site Drives. UTILITIES: Sanitary sewer and water service is available to Area D. Storm sewer service is potentially available given the proximity of existing lines. Utility service to Area D should not be an issue. ASSESSMENTS: Area D has not been assessed. SPECIAL CONSIDERATIONS: Lemay Lake, on the northern border Area D, is designated a General Development Lake under the City's shoreland ordinance. This ordinance does not restrict uses, but applies separate performance standards for development near waters governed by this ordinance. In addition, Lemay Lake is a protected wetland (Lake) also under the jurisdiction of the Department - PAGE D.2 - j�z of Natural Resources. The pond immediately adjacent to Area D is not a protected wetland. A DNR permit will be necessary for any development which affects Lemay Lake. Area D may receive traffic noise from I -35E, although an existing earthen berm along the site's eastern border provides some buffering. Also, although not technically located in an aircraft noise zone, the site may be impacted by aircraft noise. Developments which minimize associated outdoor activities and utilize noise- attenuable construction may be most appropriate. Future occupants of development on Area D should be informed of potential noise impacts. - PAGE D.3 - 10) 2- rro r-0,0-- 1 adad—I V), :Mulls ,w mad :.: 1: t i -; 40 llw�C[4I_I9 i "O� I I i a � M—d INO -a— ..a I of is 40=0 ad —I Ma4ma -4 v IRS • •1 1s Ma !Fmcnx m 02,16a 1.11-1 %-�% m i76*10 mumi M.- a I 46 name �1,qd fts Illinois so �MAMMAL* Page 12/EAGAN ADVISORY PLANNTNrQ, COMMISSIOI4,:::MINUTES June 26, 1990 '" "" 11. All landscaped areas i�Tgated. 12. The extension of Plaza Drive shall be completed to Galaxie Avenue. All voted in favor. MULTI -FAMILY RESXD.M- IAL:::ZAND STUDY Kristi Marnin of the P at#ri'i! t4i tment stated that four areas would be examined at the eV'ening's pIAnning Commission meeting. She gave a brief overview of the residential land study and what had occurred to date. CITY OF LAGAN --AREA D MULTI-FAMIL'Y..RESIDENTIAL LAND STUDY The first multi -family landstitdy::rsa dealt with a Comprehensive Guide ' Plan amendment to cha,nge " th"e .,..:land use designation of approximately 9 acres from DIII.....:.tfl'::::D-I and the • rezoning of approximately 9 acres fromto::i21:' Subject property is located west of I -35E and south of I;,0giy,:.1-:ike in the northwest and southwest quarters of Section 10 and_:::has been labeled "Area D" in the Multi -Family Residential Land Study. Kristi Marnin outlined the background and recommendations as presented in the staff report. Bill Griffith, an attore for::::t.:owners, stated that the property had been owned for 23 years. Thp-:::.pwners were opposed to the rezoning. He further stated the pro*erty 4.s rezoned in 1970 and that the owners had granted a pondinij:: easerient to the City in 1973 in connection with the Donnywood approval. Thi::owners also agreed to the vacation of Jurde Road. In 1982, the''cStianers developed a plan for condominiums and townhouses but didn't go forward due to economic considerations. He stated R-1 was not an appropriate zoning because (1) the owners' expectations and cooperation with the City in the past; (2) R-1 was not compatible to thg::::south freeway and could be considered a regulatory taking; (3) tax were paid based on medium and high density development. He requested that the owners not be penalized by down -zoning. X70 Page 13/EAGAN ADVISORY PLANNIITG':':COMMtS$1O9.'.':IINUTES June 26, 1990 Bob Reny of Jurde Road;:ark would remain. Ms. Marnin stated the park was owned by-::::::? *hj:::::pity and she was unaware of any plans for change. Carl Olson, one of the owners of Area D, gave a background of the park dedication. Wayne Larson gave further park information. Claire Chesnick had a :':'park•'' : ;6'.'.ciar question and stated she supported the rezoning. Chairman Voracek asked what; -:type o:street access was available to the property. Ms. Marnin stated: bat::::1*cal streets were available. Chairman Voracek asked what -::::; �Yie Ca'pa"c"ity of a local street was. Community Development Director Runkle stated he was unsure but that the high site development still had a potential for 300 more units, therefore generating more traffic. Member Merkley stated that traffic is congested now during certain times of the day in the area. Attorney Griffith asked :af:::ny... traffic studies had been prepared. Ms. Marnin stated no. The at:Giaasy.:..then stated that any traffic considerations would be sheer �apeculation. Ms. Marnin further clarified the tax issue by stating that::::Dakota County said that the taxes were based on residents:al....::::bi i:y�:�:�:'With no distinction between density of residential. Member Merkley doubted that this would be a regulatory taking because there were numerous R-1 developments along 35E in other areas. City Attorney Dougherty stated that the taking issue had not been analyzed but that the rezoning would need to take all viable use of the property away in order....fQr...,.a.;.tang: to occur. Chairman Voracek asked 'a�6out '."_*t�2 'impact of the development on LeMay Lake. Ms. Marnin stated that ::tk►is i1 m.-ct could be analyzed upon development of the property. City.;::Attor y Dougherty asked what the connection was between the rezonincj.:: n 1977 and the easement grant in 1973. Attorney Griffith stated that ther4:=:alias no connection but that this would show the owners' cooperation in the past. Chairman Voracek stated that if the property were rezoned, a subsequent rezoning could also occur if tbo. developer proved hardship under the new zoning. Member Trygg stated that1;t.:.;the;: three objections raised by the landowners' attorney ve:::::::tiat::: M.p�:lling and that the area was more compatible with the surrounding R-1 than with its present zoning. /7/ Agenda Information Memo August 7, 1990 City Council Meeting PRELIMINARY PLAT SCOTT SQUARE ADDITION RENT SED F. Preliminary PIat, Wescott Square Addition (Revised)/New Horizon Homes, of Approximately 9.83 R-3 (Townhouse) Zoned Acres for 67 Units Located Along Yankee Doodle Road and Elrene Road in the Northwest Quarter of Section 14 --At its regular meeting of July 24, 1990, the Advisory Planning Commission held a public hearing to consider an application for preliminary plat for Wescott Square Addition (Revised) consisting of 67 townhouse units on 9.83 R-3 acres. For additional information concerning this applicatioplease refer to Community Development's staff report whic is closed on pages through for your review. Also enclosed on pages through are the Advisory lanning Commission minutes related to this item. The APC is recommending approval of this application. While the area described lies outside of the Metropolitan Council Noise Policy Contours and the City cannot require noise mitigation construction standards for this project, Council may consider urging the applicant to consider the Metropolitan Council's builders guide for airport noise compatibility due to the fact that the subject parcel is approximately 1/4 mile from the existing policy contours. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat for Wescott Square Addition (Revised) consisting of 67 townhouse units on 9.83 R- 3 acres located along Yankee Doodle Road and Elrene Road in the northwest quarter of Section 14. Page 14 /EAGAN ADVISORY PLANNItQG'':C0M 41SSION ::MINUTES June 26, 1990 Trygg moved, Hoeft sec*&itO: ':':.:':.*:`':the motion to approve the recommended Comprehensive Guide Plan amendment 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). All voted in favor. Trygg moved, Hoeft Aecorfiw".'''''' i motion to approve the recommendation to rezone approxima�.'ly 16 -::Acres from A (Agricultural) to R-1 (Single Family Residential) located on the west side of Federal Drive along Violet Lane..:::. h. the: northeast quarter of Section 16 based on the following: 1. Increased traffic and the resultant public safety concerns. 2. R-1 was more compatible with the other uses in the area. 3. The maintenance of Water Quality and Air Quality in the area. 4. The reduction of n6iw::':::s0r.::::;:;expanded facilities that would be required under the current zoning_.upDn:-'�Qvelopment. All voted in favor. CITY :6F :'EAGAN - AREA I MULTI -FAMILY RESIDENTIAL LAND STUDY Chairman Voracek opened the next public hearing regarding a Comprehensive Guide Plan amendment to change the land use designation of approximately 16 acres J.xom. ..D-7.111 to D -I and the rezoning of approximately 16 acres froi:t:ura to Single Family. The subject property is located :o'n th'd--West 'side of Federal Drive along Violet Lane in the northeast quarter::::of Section 16. Kristi Marnin of the Plannin#:: Dep6ftment presented the staff report to the Planning Commission. She &1so distributed photographs of the area provided by the landowners. John Daubnee, an attorney representing Harry Lemeiux, the landowner at Federal Drive and Violet Lane, stated the property should not be rezoned to R-1 for the follotai-'hg reasons: 1. There was no access 2. There was no problem with availability / -7c;'-- of utilities. SUBJECT: WESCOTT SQUARE REVISED PRELIMINARY PLAT APPLICANT: NEW HORIZON HOMES LOCATION: NW 1/4 OF SECTION 14 EXISMG ZONING: R-3 (TOWNHOUSE) DATE OF PUBLIC HEARING: JULY 24, 1990 DATE OF REPORT: JUNE 18, 1990 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Preliminary Plat of 9.83 R-3 zoned acres for 67 townhouse units. This proposal is in conformance with the City's Land Use Plan. BACKGROUND: The original Wescott Square Addition Preliminary Plat for 71 townhouse units -was approved in September of 1988. The applicant received a Preliminary Plat extension in 1989. Approximately six months ago, the County requested additional right- of-way. The approved Preliminary Plat shows a 10' dedication --Dakota County now has requested a 25' dedication. This additional right-of-way has forced the developer to revise the plans. While the revisions do not represent a drastic change in coverage or layout, configurations of some building clusters and lot lines have been altered. The revisions made lower the density from 71- units (7.2 units/acre) to 67 units (7.02 units/acre). Due to the changes caused by the additional right-of-way dedication including a reconfiguration of lot lines, staff concluded a revised Preliminary Plat application was necessary. EXISTING CONDITIONS: The area is heavily -wooded near the center of the plat with mature oaks and other hardwood species. Along the west and south property lines, there is scrub deciduous material that will be removed with either site grading or road improvements. The remaining portion of the site has been cultivated and the existing farmhouse is not being included in the plat. That exception contains approximately 2.3 acres and if it ever develops into its intended R-3 use, access can be provided directly from Elrene Road. The site is surrounded by developed R-3 and R-4 Wescott Hills Additions to the west, undeveloped AG and R-4 (proposed Woodlands North) to the south and the Gopher Eagan Planned Development to the north and east. Kost Road has a dedicated right-of-way only; the gravel roadway will have to be improved .► to full City standards with this proposal. A private loop road connecting Kost Road and Mike Collins Drive will serve the 67 units. There are only two groups of units that have direct access to a public street. The elevations and final profile of Kost Road is tied directly to this project, as well as the Woodlands North proposal. The developer is proposing a cluster -type of development which provides more individual unit privacy than a row house format. At the time of revision, the developer added some rambler style units with slab -on -grade or walkout basement. All proposed building and parking setbacks meet Code requirements. ��S GRADINGJDRAINAGFJEROSION CONTROL: The development provides for the grading of an undeveloped area that is located between Kost and Yankee Doodle Roads and Mike Collins Drive and Elrene Road. The existing area of the plat has a maximum differential in elevation of approximately 46'. Approximately 2.9 acres (30 percent) of the plat is wooded with the central 28 percent (0.8 acres) of the woods being hardwoods. The proposed grading will result in the removal of all but 0.25 acres of the woods with only 0.05 acres of the hardwoods being saved. Staff recommends that the layout of the plat be reviewed to determine whether or not changes could be made that would save a larger portion of the hardwood trees. Grading of the site will not significantly change the existing drainage patterns. Existing drainage from the majority of the area flows to the southwest corner of Mike Collins Drive and Yankee Doodle Road. At this point it enters the existing storm sewer system which is located within Mike Collins Drive and outlets into Pond EP -2 located north of Yankee Doodle Road. Pond EP -2 is a designated ponding area in the City's Comprehensive Storm Water Management Plan. The remaining drainage from the plat flows to the intersection of Elrene and Kost Roads where it continues south. The existing storm sewer system within Mike Collins Drive is sized for a 5 year storm. For this reason, ponding within the low area of the plat at the intersection of Mike Collins Drive and Yankee Doodle Road is required to insure that the system can handle storms of greater intensity. Staff is presently developing ponding criteria for this pond which will become a part of the City's storm water ponding system. Internal storm sewer systems for the site are indicated on the preliminary plat and will be designed in accordance with City standards. The pond in the northwest corner of the plat will outlet to the existing system in Mike Collins Drive. An additional pond in the southeast. corner of the plat will receive runoff from a portion of the plat. This pond will serve as a water quality pond. Grading of the site will allow for an emergency overflow from this pond to Kost Road and ultimately to Pond JP -33.1 along the east side of Elrene Road. The remaining areas of the plat will either outlet to storm sewer within Mike Collins Drive or the proposed storm sewer system that will be constructed this fall under City Project No. 589 (Elrene and Kost Road). Maximum street grades within the site will be 5.4% and street intersections will meet the City's design standards for grades of 2% or less. WATER QUALITY: Approximately 84% of the storm water drainage from the site will be directed to either of two ponds within the site. These ponds will be designed to meet required wet storage volume criteria which are presently being determined by Staff. Storm water from the remaining 16% of the site will flow into either Pond EP -3, a storm water basin, or Pond EP -33.1, a nutrient trap. Since ponding for the remaining 25% of the site 11� is not practical and runoff will be directed to Class V waterbodies, Staff recommends that a cash contribution to the water quality fund be required for these portions of the plat. UTILITIES: Sanitary sewer of sufficient size, capacity, and depth is available within Mike Collins Drive and Kost Road and is proposed to be extended for service within the plat. Water main to serve the development is proposed to be constructed within Kost Road as part of City Project No. 589 (Elrene and Kost Road). This main will be available in the fall for extension into the plat. STREETS/ACCESS/CIRCULATION: Access to the plat will be from Mike Collins Drive and Kost Road. Access off of Mike Collins Drive will be opposite Wescott Square. The easterly access from Kost Road is presently located less than 100' from the proposed southftrly access to the Woodlands Addition (City Project No. 596). Staff recommends that the location of the easterly access point be revised to match the Woodlands Addition access. All streets are proposed to be privately owned and maintained. RIGHT-OF-WAY/EASEMENTS/PERMITS: No right-of-way for internal streets will be dedicated as part of the plat since all streets wilI' be privately owned. Additional right-of-way along Yankee Doodle Road will be dedicated as requested by Dakota County. All required easements of sufficient width based on depth of utilities will be dedicated as part of the plat. In addition, drainage and utility easements for the two proposed ponds will -be dedicated as part of the plat. The development will be responsible for ensuring that all regulatory agency permits (MPCA, Minn. Dept. of Health, MWCC, Corps of Engineers, Dakota County Highway Department, etc.) are obtained prior to final plat approval. FINANCIAL OBLIGATION - WESCOTT SQDARS REVISED 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 Projekt Use Rate Quantity Ammmt Lateral Benefit 58 M.F. $23.38/ff 854.54 ff $19,979 Water Trunk Lateral Benefit 58 M.F. $16.55/ff 1321.38 ff 21,876 Trunk Sanitary Sewer Lateral Benefit 58 M.F. $18.78/ff 574.30 ff 10.785 1AB WESCOTT SQUARE REVISED PRELIMINARY TLAT CONDITIONS 1. These standard conditions of plat approval as adopted by Council action on September 15, 1997 shall fie complied with: A] , B1, 132, B3, RA, C1 , C2, C4, C5, D1, El, F1, G1, and III - 2. 11_ 2. A copy of townhouse bylaws shall be submitted to the City Attorney for review. 3. The developer shall comply with all Ordinance requirements including exterior finish, garage size, and impervious surface coverage. 4. All trash shall he contained in the garages until the day of pick up. 5. A tree preservation plan shall he approved by staff prior to any grading. 6. All green areas shall hnve underground irrigation systems. 7. The development is required to provide ponding of site generated storm water to limit flow into the existing City storm sewer system to the 5 -year storm event. 8 • The development is required to provide a minimum 6" water main and minimum 8" sanitary sewer to serve the development. 9. The development is required to submit detailed plans and specifications for the proposed retaining wall construction for staff review and comment prior to final plat approval. 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. asements and Rights-of-Wa 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. Rublic 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 I. 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 Quality Dedication 1. 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. 8.Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission Approved: _ August 25, 1987 Revised: plataprv.con LTS *2 City Council September 15, 1987 July 10, 1990 GpG�rriotil Gulve pc.At-A 'I IT Kffl'. 9 2 LLkn�oE A LLkn�oE A , L1 ! L1 PD ' �r•r,yrf�r-H1GN4Vl.Y-X16-28 NKE=80t39cE-?9,;D: - -- i OemoT e ; . I . EXCEPTION i — --—— — _ -- PD .. \, IN i I LUIC 11 2IN Is to �--�---- KOSi— _ ADAD— q � R4 wfSCOTT GAROfN LOTS „ec, , 194 r Pl. aT' ,q�'RoVa� oN 0 «3 N Ai m �WM COLLM OWE —To — UL • I ML --- ly I� � i% JLJ Iia . . ......... . .... 41 Ic •a•e �5 ! � � � ` �i1�•i:t 10 °EifR!!sr!!EIlIr e i ti9!};EEERttttt ! -O m V 0P�i i6 P O V ME 1 � l f IA?1N L ; X1.1 , �i� � •�' { , 1 -O m V 0P�i i6 P O V ME 1 -o m z D T D z z G) r D z I I i I I rh1 n 1 ..w jj t IIS u n �D it o vi c f;3 P3 : Om cz 1 a z E: cn =H r• = I I i I I rh1 n 1 ..w jj t IIS u n �D it o vi c f;3 P3 : Om cz 1 a z E: cn IN 0 Fla I MIAMI 1 01 a9a, Jill M m <(A D° �m 0� z� w n► � Ma► aZ)oi - Ropm 0 ns >= Z ►° Zn Z °" 0 s � t N • 0 s v T m D A r D 0 z ME � n 4iut •I �� I !� 0 m r m D 0 z ;{1 0 z m m D 0 z r U o Ln � €s�� T:.1 N F— K z /V 0 0 T r D z I vw 0 + E� 1 � r po Y [� B XYZ ! • u • Nm CE :1om :; RO Z c Ln LA2 Ln O Cz T on p yzF§ Lr Ln + �O lali e N C 0 + E� Nm CE :1om :; RO Z c Ln LA2 Ln O Cz T on p yzF§ Lr Ln + �O lali e N C 1 1 1 1 r D m a r m z m m W D z D -C CA Sm m --I C z T. T -+ .o m 0 N a� D i i � i4444�445444444444444. 444i44444444444ii446 1545446 � � C) 14444444444444444€1111111 > • :c:33=.i?teiii5?isci:i: a -;Ili pro LEO f n r ! V F � �� pV[p 9 � �O � ••� ��I c`. v ' 0 ! r D r' —i A D Z) r cu m z IT) m C Z D m ! O C m �m m fl wt=CDTT HILLS•• ' i THIRD ADDITION Wt=COTT HILL FOURTH ADDITI r A W a ' - .� Rive. !-- I NW.:7 •L.LI :f I I a v 6 N � i556555544555444i5454• ii64455i545655545456 i5i5446 0 s: :..:.::............ ......... ...... H > f VNIMISHIMIRN93 U10% m I'1r D z �� j. � r� � � i � € i464565454i54544544455554 �' ..:iez::-.i...:i-t:i:i•: ai •;i � I - ! i , II11 I,A � LLy � � ,• � � T Z .y.1 ri�L- r .i Page 2/EAGAN ADVISORY PLANNING COMMISSION MINUTES July 24, 1990 WESCOTT SQUARE ADDITION (REVISED) — NEW HORIZON HOMES Chairman Graves opened the first public hearing for the evening regarding a preliminary plat for approximately 9.83 R-3 zoned acres for 67 units located along Yankee Doodle Road and Elrene Road in the northwest quarter of Section 14. City Planner Jim Sturm presented an application summary and gave the background of the application stating that additional right-of-way acquisition by Dakota County had forced the developer to revise their plans. Dennis Griswold, representing the developer, introduced the development team of Mike Kraehling and Dan Parks and recapped the reason for the change. He stated that the units had been reduced from 71 to 67 and that the grading had been revised to save more trees. He further stated that he wanted the access to their development to remain where originally planned and not have to line up with the development across the street. Ralph Johnson, an area resident, asked when the building would start. Mr. Parks stated that it was planned to begin in October or November of this year. Chairman Graves stated that he had requested a tree inventory when the developer was originally before the Planning Commission in 1988. He asked the developer if this had ever been done and what the status was. Mr. Griswold stated that while no formal inventory had been done; the boundary of the hardwood trees had been more clearly delineated. There was then a discussion regarding the percentage of trees being saved on site. Chairman Graves asked the developer how many units would be lost if the area of trees were saved. Mr. Griswold stated that five to six units would be lost and that the roads would need to be reworked but that in any event it would not be economically feasible. Member Merkley asked if the trees could be transplanted. Mr. Griswold stated that this was not practical with oak trees and trees of a nature of those on the site. Member Merkley emphasized that the Planning Commission's desire was to save as many trees as possible. He then asked if the access issue was a concern. Assistant City Engineer Mike Foertsch stated that the offsets were acceptable to the City. Member Gorman asked what the unit cap on R-3 property was. City Planner Sturm explained that the maximum density was 7.2 units per acre. Member Merkley stated that he would prefer to see in the area �9V Page 31EAGAN ADVISORY PLANNING COMMISSION MINUTES July 24, 1990 of 6.5 units per acre with more green space and that the developer's Thomas Lake project was cramped. Mr. Griswold explained that the Thomas Lake project utilized a different layout, therefore making it look more congested. Chairman Graves requested that condition number 5 be modified to include an inventory showing the size and number of trees on site. He asked the developer if this could be done in the near future. Mr. Griswold stated that he would prefer staff to be present on site when this was done. City Planner Sturm stated that a condition should be added that would require fencing to be present around protected tree areas prior to any grading permit being issued and that the area should be roped off and staff could meet with the developer in the field. Mr. Griswold stated that they would be willing to do that. Member Gorman questioned the building materials and the color scheme. Mr. Griswold described the building materials and explained that the color scheme would consist of light trim with the body of the building being a pastel color. Miller moved, Merkley seconded, the motion to approve a preliminary plat of approximately 9.83 R-3 (Townhouse) zoned acres for 67 units located along Yankee Doodle Road and Elrene Road in the northwest 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, B1, B2, a B3, B4, C1, C2, C4, C5, D1, E1, F1, G1 and H1. 2. A copy of townhouse bylaws shall be submitted to the City Attorney for review. 3. The developer shall comply with all ordinance requirements including exterior finish, garage size and impervious surface cover. 4. All trash shall be contained in the garages until the day cf pickup. 5. A tree preservation plan shall be approved by any grading with the wooded hardwood area fenced prior taking place and a detailed tree inventory being done area prior to Council approval. X95 staff prior to to any grading of the hardwood Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES July 24, 1990 6. All green areas shall have underground irrigation systems. 7. The development is required to provide ponding of site generated storm water to limit flow into the existing City storm sewer system to the five year storm event. S. The development is required to provide a six inch watermain and minimum eight inch sanitary sewer to serve the development. 9. The development is required to submit detailed plans and specifications for the proposed retaining wall construction for staff review and comment prior to final plat approval. All voted in favor. CONDITIONAL USE PERMIT - CROWN COCO, INC. Chairman Graves opened the next public hearing for the evening regarding a conditional use permit and a variance to allow a pylon sign located at the northwest intersection of Nicols Road and Diffley Road in the southwest quarter of Section 19. City Planner Jim Sturm reviewed the staff report and provided an application summary and background information. He requested that two additional conditions be added. Those being: 1. All signage ordinances shall be adhered to. 2. A future building expansion involving a major change would require platting of the property. Dave Miller, representing the developer, gave the background for the application and stated that the Amoco station across the street had a sign with virtually the same dimensions as his request. Member Gorman asked where the price sign would be on the pylon. Mr. Miller responded that it would be approximately twelve feet from the ground. Member Merkley stated that the Amoco sign across the street seemed smaller. Member Trygg stated that there were no cross-sections to show the need of the sign. The developer stated they had relied on Amoco's past cross-sections. Member Graves stated