10/16/1990 - City Council RegularAGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
MUNICIPAL CENTER BUILDING
OCTOBER 16, 1990
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE)
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE)
III. 6:45 - DEPARTMENT BEAD BUSINESS (BLUE)
A. DEPARTMENT OF COMMUNITY DEVELOPMENT
Q 1. Direction, Woodlands North/Robert Engstrom
B. POLICE DEPARTMENT
S 1. Humane Society of Dakota County
Q
IV. 6:55 - CONSENT AGENDA (PINK)
zoA. PERSONTNEL ITEMS
P-20 B. PROCLAMATION, Red Ribbon Week, October 22 - 28, 1990
�.=C. LICENSES, PLUMBERS
Za,D. LICENSE, Water Softner
p Z 3 E. RECEIVE Request for Reconsideration/Schedule Public Hearing, Crown Coco, Inc., Denial
1 .0� of Conditional Use Permit/Variance for Pylon Sign
p,a S F. VACATE Public Right of Way, Receive Petition/Order Public Hearing (Wescott Garden Lots
r - Cedar Street, Birch Street and Rodger Street)
VACATE Public Right of Way, Receive Petition/Order Public Hearing (Rustin Road)
H. CONTRACT 90-12, Receive Bids/Award Contract (Elrene Road - Streets & Utilities)
P ]� I. CONTRACT 90-16, Receive Bids/Award Contract (Woodlands North - Streets & Utilities)
J. LICENSE, Beer & Wine, Cactus Flats Restaurant/2113 Cliff Road
P' K. CONSIDERATION, Change Name of Street from Mike Collins Drive (South of Yankee Doodle
P3 Road only) to Ivy Lane
RRL. AGREEMENT, 1991 Joint Powers for South Metro Drug Task Force
V,
V. 7:00 - PUBLIC HEARINGS (SALMON)
A. RESOLUTION, for the Issuance of Industrial Development Revenue Bonds for Park Nicollet
Clinic in an Amount not to Exceed $3,225,000
VI. OLD BUSINESS (ORCHID)
,% &ADAMS OUTDOOR ADVERTISING, Refund of Conditional Use Permit Application Fee
U ` SB. CONDITIONAL USE PERMIT, Safety Kleen, to Allow Outdoor Storage in a LI (Light
Industrial) District on Lots 3 and 4, Block 1, Sibley Terminal Industrial Park Located
�+ in the SE 1/4 of Sec 8 (Request to Continue to the November 8, 1990, Regular City
Council Meeting
VII. NEW BUSINESS (TAN)
( &/A. COMPREHENSIVE GUIDE PIAN AMENDMENT, City of Eagan, Area E/Multifamily Residential Land
�/ Study, to Change the Land Use Designation of Approximately 105 Acres from D-II (Mixed
Residential, 0-6 Units Per Acre) to R 6 D (Research & Development). The Subject
Property is Bounded by Lone Oak Road, Highway 55, and the Eastern Corporate Boundaries
in the NE and NW 1/4 of Sec 12
B. RESOLUTION, Comprehensive Guide Plan Consistency with Metropolitan System Plans
C. SPECIAL HUNTING PERMIT, Jerry Thomas, 4889 Pilot Knob Road
D. SPECIAL HUNTING PERMIT, Ronald G. Cornwell/5200 Willson Road, Mpls
E. SPECIAL USE PERMIT, Peace Reformed Church/2180 Glory Drive, to Allow the Temporary
�1 Sale of Christmas Trees, Located in the NW 1/4 of Section 30
F. SPECIAL USE PERMIT, Bill Brabec, to Allow the Temporary Sale of Christmas Trees, Lot
12, Block 1, Knob Hill Professional Park, Northwest Corner of Knob Drive and Pilot
Knob Road
OOG. VARIANCE, John Vaughn/1670 Mallard Drive, for 3' to Previously Approved Variance of
13' to the Established Side Yard Setback of 38' from Public Right of Way, Located in
the SW 1/4 of Section 28
C) PRELIMINARY PLAT, Heller Addition, Consisting of a Four-Lot Subdivision of
• Approximately 2.6 Acres of R-1 (Single Family) Residential-Zoned Land North of Skyline
�1] Road in the SE 1/4 of Section 4
l{4 WAIVER OF PLAT, City of Eagan, in Order to Split Tax Parcel 10-02200-010-02 and a
p}. REZONING of Approximately Four AG (Agricultural) Acres to a PF (Public Facilities)
C District Located Along the West Side of Lexington Avenue in the East One-Half of
^� Section 22
CONTRACT 90-14, Receive Bids/Award Contract (Stafford Place - Drainage Improvements)
Y
VIII. ADDITIONAL ITEMS (GOLD)
Ix. ADMINISTRATIVE AGENDA (GREEN)
R. VISITORS TO BE HEARD (for those persons not on agenda)
AI. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNfEAIEMBERS
••. • �� t. •• •
DATE: OCTOBER 11, 1990
SUBJECT: AGENDA INFORMATION FOR THE OCTOBER 16, 1990 CITY
COUNCIL. MEETING
After approval is given to the October 16, 1990 City Council agenda and the October 2,
1990 City Council meeting minutes, the following items are in order for consideration.
A. DEPARTMENT OF COMMUNITY DEVELOPMENT
Item 1. Direction, Woodlands North/Robert Engstrom—The Community Development
Department is seeking direction from the City Council concerning Woodlands North.
Enclosed on pages a through Y is a memo from Director of Community
Development Runkle explaining the situation.
ACTION TO BE CONSIDERED ON THIS ITEM: To provide the Community
Development Department with direction concerning Woodlands North.
M E M O R A N D U M
T0: TOM HEDGES, CITY ADMINISTRATOR
DALE RUNKLE, COMMUNITY DEVELOPMENT DIRECTOR
FROM: JIM STURM, CITY PLANNER
DATE. OCTOBER 10, 1990
RE: WOODLANDS NORTH ADDITION
During the technical review stage of the Woodlands North Addition, it was noted
that an additional single family lot could be incorporated into the Final Plat.
The City is currently doing the public improvement contracts for the Woodlands
North Addition, as well as Elrene Road. The single family area would increase
from 12 to 13 lots and the newly -created lot would be over an acre in size.
Noting this, utility services are being incorporated into the final plans and
specifications. This is a common practice when it appears a further subdivision
could occur.
One condition of plat approval stated that no driveways would be permitted
directly onto Elrene Road. It was my intention that this was for the duplex
style area to the north, not the single family area. There is a single family
home in the South Hills Addition that has driveway access onto Elrene Road.
It would be my suggestion that this additional lot be incorporated into the Final
Plat and Planned Development Agreement. The overall Woodlands North Addition
will increase in density from 284 to 285 units on approximately 58- acres and the
13 single family lots would have a density of approximately 1.2 units per acre.
If you desire additional information, please advise.
eo_` L_
CityPlanner
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Agenda Information Memo
October 16, 1990 City Council Meeting
B. POLICE DEPARTMENT
Item 1. Minnesota Valley Humane Society Request --The Minnesota Valley Humane
Society is requesting consideration by the City Council to release a per capita funding
allocation in the amount of $21,278 during 1990. It was the decision of the City Council
in 1989 that the 1990 annual budget consider as a part of its contingency fund a per capita
allocation for the Humane Society with the understanding the if there were no unforeseen
emergency expenditures during calendar year 1990, those dollars would be fully funded to
the Humane Society. It was necessary for the City Council to authorize a reduction in
General Fund expenditures as a result of a reduction in HACA aid. by the State
Legislature earlier this year. The reductions were allocated throughout various
departments in the City; however, the commitment to the Humane Society under
contingency was not a reduction.
The Humane Society would also like an opportunity to provide a brief update on the
progress it is making to raise capital and acquire a location for the first Humane Society
building. For additional information, refer to a letter sent to the City by Dean Weigel,
Executive Director of the Minnesota Valley Humane Society which includes attachments
relative to their proposed capital fund drive and other information regarding acquisition
of a building for the animal shelter. This letter with attachments is enclosed on pages
_, through _4.
Dakota County has ]eased its funding to the Humane Society while other cities are holding
the allocation until an actual site for a building is chosen for the animal shelter. City
Council has two alternatives: 1) to release the funds to the Minnesota Valley Humane
Society in the amount of $21,278 or 2) provide a renewed commitment to the Humane
Society with the understanding that funding will be released once a decision is finalized
on a location and building for the shelter.
ACTION TO BE CONSIDERED ON THIS ITEM: To consider one of the aforemen-
tioned alternatives relative to an allocation of funding by the City of Eagan for the
Minnesota Valley Humane Society Animal Shelter project.
S
October 2, 1990
Mr, Thomas Hedges
City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Dear Tom:
The Minnesota Valley -Humane Society of Dakota County has
spent the past nine years pursuing the goal of an animal
shelter for Dakota County. We are now in a position where
that Cream can become a reality.
We have found two, well situated, 5,000 square foot sites
that have existing buildings that can be renovated to
accommodate 60 to 100 animals per day. We are ready to
rr,a':e offerb on either property and would like to come
before your city council to request the release of the per
capita appropriation. This appropriation will provide the
down -payment (seed money) for the shelter.
The choice of the two sites will -be dependent upon the best
grace and type of financing available. Both sites are
highly visible to the community and are appropriately
zoned for the animal shelter. Both buildings are in the
S250,000 range and both sites have the potential to be
e,P@:,ded to accommodate growth and expansion in the future.
Our .apital Campaign for equipment and improvements will
co^tinue and be greatly enhanced with an` actual shelter
providing on-going services,
1 have enclosed a proposal for you and the city council
members to review and am hopeful that -we can come before
the city as soon as possible. The proposal indicates the
two available sites, proposed floor plan, start-up costs,
operating budget proforma, and a comparison with other
metro area humane societies. We have not formally
submitted the renovation work for bid yet, however, we do
have a local construction company owner on our board that
is willing to donated most of the labor, as well as
materials at cost.
Minnesota Valley Humane Society • 14451 County Road 11, Suite 174, Bumsville, MN 55337 9 (612) 891-5150
I will call you witfii-n the next few days to discuss this
matter -Further. If you have any' -questions I can be reached
at 891-5155.
I am looking forward to- meeting with you and the city
council.
Sincerely,
Dear: Weigel
Executive Director
cc: Mayor Thomas A. Egan
TABLE DS CONTENTS
Summary of Proposed Project
A. Apple Valley Site
D. 'Ru,-nsvi 1 l e Site
ta:. Campaign status
:. riosc d f I gor p l an f or upera t.: ons
I'. . _o-:Parison of ot`e!- Metro Area Humane Societies.
S•'F�rt-up Costs
�z.t Ye=ar Operations Pudget
:)mparison budget with other Metro Area Humane
D
MIr\JNES07A VALLEY HUMANE SOCIETY OF DAKOTA COUNTY
PROPOSED OPERATION SUMMARY
Location: 7640 - 146th Street
Apple Valley, Minnesota 55.124
Opening Date: December 1, 1990
Sual--iro Size: (2) 5,000 square feet (10,000 total).
a^--' Size: .75 acres
Zor,,rg: General Business
# 04, AIimals: Monthly Annually
Dc_T./PUDE- 211 - 272 2,530 - :,263
Cats/ t<:ttens- 131 - 196 1,577 - 2,353
742 - 468 4,107 - 5,616
1st ;--ne-
n
�perati`_-
ButcEt : $1,89, 104
F -.?.E. (^ - 1 1-T./,,-6 P.T. )
`•Jc:� 'ee��
r
.,y 25 P.T.E. test.
Proposed
Hou—s. Monday -
12:00
p.m.
- 9:00
p.m.
T -Fri- -
12:00
p.m.
- 6:00
p.m.
Sat. -
10:00
a.m.
- 6:00
p.m.
Sun. -
12:00
p.m.
- 4:00
p.m.
/U
Mit',INESOTA VALLEY HUMANE SOCIETY OF DAKOTA COUNTY
PROPOSED OPERATION SUMMARY
Location: 1309 East Highway 13
Burnsville, Minnesota 55337
Opening Date: December 1, 1990
8ulding Size: 4,800 square feet.
La -i:; S;: e: 1.25 acres
Commercial/B-3 (Conditional Use)
of A-,in'al Monthly Annually
2-2-2� s- 211 - �72 2, 5J0 - 3,263
Cat--/ h.; �-t -ns- 17.1 - 196 1,577 - 2.-Z,53
Tst�'•- 342 - 468 4.107 - 5,616
' st Yew:
^L'=qet : $189,104
# _+_{;
F.T.E. (2-3 F.T./4-6 P.T.)
# c
Mo^th_ti• - 25 P.T.E. (est.
Prcposed
Hours: Monday -
12:00
p.m.
- 9:00
p.m.
T - Fri-
12:00
p.m.
- 6:00
p.m.
Sat. -
10:00
a.m.
- 6:00
p.m.
Sun. -
12:00
p.m.
- 5:00
p.m.
CAMPAIGN STATUS
I. pities and Eounty commitments
Inver Grove Heights
Apple Valley
Eagan
Burnsville
Mendota Heights
Rosemount
Dakota County
Burd of Director's
;_lPcges, foundations, etc.
Corr.rrun i ty Gilt
taped on 50'):; $225,000 .r.ort.
eta'
S 10,739
15,B37
21,276
2 3,-7 -744
4,340
3,710
10.000
$89,248
�,8 , 5''U
$127.768
$112,500
$240.26B
"D
0D Ole
�^ s
cam.O� "D
300. �rC
S" s
is
/3
m
L..
d
�
"D
M
t
Zh
I
=
r
"D
0D Ole
�^ s
cam.O� "D
300. �rC
S" s
is
/3
m
COMPARISON OF METRO AREA HUMANE SOCIETIES
Henn. Ramsey
Anoka
Wash.
1589/90
Co. Co.
Co.
Co.
# OF ANI I MA`S
RECEIVED:
20.,890 9,376
6,474
2,864
## OF ANIMALS
ADOP T i D :
4,7B2 9, 180
1,905
1,645
DP Pa,T J !`lam PLDGET :
Y1 . 4 Mi 1 . X780, 000
$567->,000
$250,000
05 F.T.E. 16 F.T.E.
12 F.T.E
4 F.T.E.
9 P.T.E.
7 P.T.E
4 P.T.E.
4C')0 Volun. 200 Volun.
48 Volun.
20 Volun.
to, - Tn. M - F
M - F
M,W,F,S,S
._r•� _�'::
9:-70-5 9 - 6
10 - 6
9 - 5
Fridays Sat./Sun
Saturday
T & Th.
9:30-9:00 10 - 6
10 - 4
9 - 6
Sat./Sun.
Sunday
12:00-6
12 - 4
t`r
# of animals received
= 2406
"• pro A ra
# of animals adopted
= 1845
Budget: 2134,000
Tri -Count\,/
## of Staff: 2 F.T.E./6 P.T.E.
=t. 'sour
# of Volun.. 60 - 75
Hours of Oper. !h - F:
12 - 6
S & S:
12 - 5
)4
Start-up Casts:
Dog KenneIs-(16 @ $150/ea.;-
Concrete or sheet metal dividers
with chain-link fencing S 2,400
Cat/Kitten Cages (20 @ $300/ea.)-
Stainless Steel stacked cages 6,000
Lower Dividers for cages 3,000
Puppie Cages (20 @ $300/ea.)-
Stainless Steel stacked cages 6,000
Lower Dividers for cages ;,000
Equipment -
Appliances (washer/dryer, -freezer,
refrigerator, etc.) 2,000
Office furniture/equipment 1,000
Phone system 500
Retail storage 500
Cleaning (hoses, garbage cans, etc.) 500
Maintenance 1,000
C>l.lpp! iPs-
O l l i c e
500
Retail
1,500
Cleaning
1,000
Maintenance
500
Medical
500
Food
500
Animal
500
Rencvation- $25,000
Total Start-up Costs $55,900
k5
OTHER COUNl Y
HUMANE SOCIETY COMPARISON
BUDGET- 10T YEAR OPERATION
REVENUE
CHARITABLE GAMBLING
DONATIONS -COMMUNITY FUND-RAISERS
PETS FOR PEOPLE
MEMBERSHIPS
MEMORIALS-BEOUESTS
CORPORATIONS
FOUNDATIONS
INDIVIDUALS/DIRECT MAIL
INTEREST INCOME
ANIMAL RE CEI'JIhJu
IMPOUNDING (EST- IST YEAR)
BOARDING FEES- PUBL I C
EUTHAN- . - _ ^'C- C',
ADOPT IONr;1L'CG @ 2717.50 AVER, FEE)
CEMETARY MANAZEMENT
RETAIL 7 0 R E
CITY CONTROL
CITIES OF A" IMALS
MI SC ELLAIN EOL --
r
TOTAL
FXPENTE-c
a q E°
M. V. H. S.
1990-1991
110N7HLY ANNUAL
$0 $0 0.0%
$3,312 $39,750 20.9%
$0 $0 0.0%
$417 $5,000 2.6%
2458 $5,500 2.9%
$417 $5,000 2.6%
$625 $7.500 3.9%
$2,083 $25,000 13.2%
$175 $2,100 1.1%
$1,200 $14,400 7.6%
$417 $5,000 2.6%
$167 $2,000 1.1%
$120 $1,4'6 .B%
$5,625 $67,500 35.5%
$0 $0 0.0%
2375 $4,500 2.4%
$0 $0 0.0%
$(1 $0 0.0%
91312 $3,750 2.0%
$125 $1,500 .8%
21x,,828 $189,936 100.0%
SALAR:ES(f, -. ._.)
27.087
$85,000
45.8%
PAYR^L_ ^_ ;8'.
$567
$6,800
3.7,.
EMP�u _� ^�._ _._- _.
212
$�^,55U
1.4%
IN-SERv: CE ',;:'';--
$83
$1,000
. 5;.
STAFF DE�'=;.T
42
$500
.31%
CO^•;S iL . ? .= SE-.. =CS O. FOES
$rI2
$500
. 3
M0RT'.A3E (F. -5.225p :a 12%
$2,'68
428,416
15. 3%
.,1TILITIEE-'cLE=.'GH
$575
$6,900
3.7%
PHONE
$333
241000
2.2%
I NEURANCLE -L,-r- :. L I AB . 'f- BOND
$325
$3,900
2.1%
WORK.MANS C' -"-!P. 2.1V)
2149
$1, 785
1.0%
ASSESSMENT ,�-X S
$U
$0
0.0%
VET SZPk)ICES-- SPAY/NEUTER
$100
$1,200
.6%
'JET SERVICES
$100
$1,200
.6%
EMERGENCY SERVICES
$188
$2,250
1.2%
ANIMAL Cr=.E- "^,EDI CAL (EUTHANI Z I NG/
F 7')
$125
$1,500
.8%
V E H I CLE V: T"NANrE
$0
$0
0. 0%
RETAIL . ,'.'E'vT^_,Y
$292
$3,500
1.9%
EQUIPME%T
$125
$1,500.
.8%
16
BUDGET
1990/91
ADMINISTRATIVE/FUND--RAISING
OFFICE SUPPLIES
PRINTING
POSTAGE
COPYING
PUBLIC RELATIONS
SPECIAL PROMOTIONS
CLEANING SUPPLIES
MAINTENANCE
MISC.
SUB -TOTAL EXPENSE
TOTAL EXPENSES
SURPLUS/(DEFICIT)
$15,467 $185,603 100.0%
$15,467 $185,603 100.0%
$361 $4,333 2.3%
l;.V.H.S.
1990/91
MONTHLY
ANNUAL
$333
$4,000
2.2%
$33 3
$4,000
'' .2%
$500
$6,000
3.2%
$292
$3,500
1.9%
$167
$21000
1.1%
$333
$4,000
2.2%
$0
$0
0.0%
$300
$3,600
1.9%
$300
$3,600
1.91/
$200
$2,400
1.3%
$15,467 $185,603 100.0%
$15,467 $185,603 100.0%
$361 $4,333 2.3%
7-7
. . . . . . . . .. . . .
7c: I
'It',
E, 5 7,
J
10
r"
1 c
7 2
04
14 x7'
11%,
$87r
$1
Ai
-7r
cc"
Inc1
r
75'r
17 -,
,
CN.'.
7
7
t7—
OV
s z
D
Cc; 4
7 7
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B D DEE T
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A. M. S E
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u-.7.-L,:Y
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MONL
T'
AN�UAL
"'
�IVI
INHL
4NNjp-
1.
ADM Ki— Tp.A7 �.'j: Q Q F IN:
....
H,000
2 Tz,
11,417
117,000
3,2%
NVICE SWULIES
SW
SQ01
2.T',
S1,075
S12,900
2.4%
S20
12,0:4
1.5
WONE
SO
S6,000
Z . 2
S2;2
$3,500
S625
17,500
1.0
009
17,31Z
1S
S167
S2,000
1.0
S2,167
12S,000
60%
. L A
TB L
': 3. -L P --
133
3
S4,00l
2.2%
1500
spoo
1.1%
1744
$807
4.7
SPE::k FWPH&
so
50
0. 7,
$1,000
$12, ON
2M
$09
Woo
1C
CLEAMS __%f r_.__
1300
lz,boo
1,91
1750
19,110
2.3Z
1750
19,006
wx
$414
W567
16
m m N w �i � N 2
1:00
11,60;
lax
sloo
S3,600
Xx
$1,667
150,000
3.2%
Sol
S5,90
1.1
051
1290
$2,401
1.31
5100
51,200
.3%
1033
lumol
1,9Z
1266
qsz
1,7
*7
in% MV
100,OX
S27532,22
2 S.-
6
4 1
5 2 7
67
- "
0
7 AK E "7 Oi?L E SEF
5 1,
so
Ly
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11,002
losm
5m
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PAQU VIES 0%
i?
to
ch 0%
SIF
S2,00,
LEW :,5 100.
$0
$0
fn 0%
1900
$13560
20%
C17Y LKEVING 'EH
so
So
vk1%
$42
S500
f1scs
f"0%
5190
Th2oc
Gam: uill 2040 - E"hH-
U
;0
1,0%
t4,5;5
j%,137
14,
Us
0.77
171
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Agenda Information Memo
October 16, 1990 City Council Meeting
There are twelve (12) 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.
A PERSONNEL, ITEMS:
Item 1. Seasonal Recreation Instructors—Due to the starting date of the preschool
recreation programs, it was necessary for City Administrator Hedges to approve the hiring
of the following seasonal instructors and assistants: Judy Forde, Recreation Program
Instructor; Marilynn Grant, Recreation Program Instructor; Kathleen Haag, Recreation
Program Assistant; Cynthia Olson, Recreation Program Assistant; and Patricia Soldner,
Recreation Program Assistant. These instructors are hired for the fall recreation season
as seasonal workers. This item is informational and no action is required on the Council's
part.
RED RIBBON WEEK PROCLAMATION
B. Proclamation, Red Ribbon Week, October 22 - 28, 1990—A national campaign has
been established to create awareness of the drug problems facing communities in the
United States, to establish effective parent/community teams across the country, and to
support drug free, healthy lifestyles. This campaign is called the "Red Ribbon Campaign".
The campaign has established the week of October 22 - 28, 1990 as Red Ribbon Week.
As they did last year, various organizations across the nation will be holding activities and
programs in order to help transform America into a healthy, drug free nation. Locally,
the Community Action Council and other organizations are promoting this very important
campaign. They are asking local communities to declare the week of October 22 - 28,
1990 as Red Ribbon Week in each community and actively support programs and activities
which would support chemically free youth in specific and all citizens in general. Attached
on page L is a copy of a proclamation for Red Ribbon Campaign Week in the City
of Eagan. During the Red Ribbon Campaign Week, the various schools will be presenting
various programs. In addition, red ribbons and brochures will be furnished to all gas
stations in the Eagan area to be handed out to drivers as they purchase gas.
Organizations are planning other types of programs, such as tying red ribbons on street
signs. The City is planning to decorate the front of the Municipal Center, the Fire
Administration Building and the Central Services Maintenance Building with a large red
ribbon and signage.
ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim the week of October
22 - 28, 1990 as Red Ribbon Campaign Week in the City of Eagan.
a (D
PR4ZEWiTION
CrrY OF
• ED REBBON CAWAIGNE1
OCrOBER A i•1
alcohol and other drug abuse in this nation have reached
epidemic stages, and the 15 - 24 year old age group is dying at a faster rate than any
other age group, and
it is imperative that visible, unified prevention educational
efforts by community members be launched to reduce the demand for drugs, and
the National Federation of Parents for Drug Free Youth and
local area parents communications networks are sponsoring the National Red Ribbon
Campaign, offering citizens the opportunity to demonstrate their commitment to the
decrease in demand for drugs, and
WHEREAS, the National Red Ribbon Campaign will be celebrated in every
community in America during 'Red Ribbon Week", October 22 - 28, 1990, and
WHEREAS, business, government, law enforcement, schools. religious
institutions, service organizations, youth, physicians, senior citizens, military, sports teams
and indi-Oduals will demonstrate their commitment to drug free, healthy lifestyles by
wearing and displaying red ribbons during this week long campaign, and
the City of Eagan further commits its resources to ensure the
success of the Red Ribbon Campaign,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Eagan does hereby support October 22 - 28, 1990 as Red Ribbon Week and
encourages its citizens to wear red ribbons and to participate in drug prevention education
acd%ides. making a visible statement that we are strongly committed to a drug free
community.
BE IT FURTHER RESOLVED, that the City of Eagan encourages citizens
to pledge: "My choice .... drug free."
Dated:
a I
CITY OF EAGk,Nl
CITY COLTi CIL
Its Mayor
Attest:
Its Clerk
Agenda Information Memo
October 16, 1990 City Council Meeting
PLUMBER'S LICENSE
C. License, Plumber's—City Code regulations require that plumbers' licenses be renewed
on an annual basis. The license application which is in order for consideration at this
Council meeting is that of Leon Duda Plumbing Services, Inc.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve a plumber's license for
Leon Duda Plumbing Services, Inc.
WATER SOFTENER LICENSE
D. License, Water Softener --City Code regulations require that water softener licenses be
renewed on an annual basis. The water softener license application of Milbert Company
is in order for consideration at this Council meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the water softener
license for Milbert Company,.
Agenda Information Memo
October 16„ 1990 City Council Meeting
RECEIVE REQUEU FOR MCONSIDERATION
SCHEDU E PUBLIC HEkRING/CROWN COCO INC.
E. Receive Request for Reconsideration/Schedule Public Hearing, Crown Coco, Inc.,
Denial of Conditional Use Permit/ Variance for Pylon Sign --The City has received a letter
from Crown Coco, Inc. requesting an appeal of the decision by the Eagan City Council
to deny the conditional use permit to Crown Coco, Inc. for a pylon sign and a variance
of twenty-three (23) feet to the allowed pylon sign height for their gas station t 4195
Nicols Road. For a copy of the letter requesting the appeal, refer to page
The appropriate action is to receive the request for an appeal and schedule a public
hearing for sixty (60) days from receipt of the request for appeal which is the November
20 City Council meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize a public hearing for the
Board of Appeals and Adjustments at the November 20, 1990 City Council meeting to
consider an appeal by Crown Coco, Inc. regarding the recent denial of a conditional use
permit for a pylon sign and a variance of twenty-three (23) feet to be allowed in pylon
sign height for a gas station at 4195 Nicols Road.
a 3
September 25, 1990
CER'T'IFIED MAIL
CROWN COCO., INC.
DISTRIBUTORS OF
- GASOLINES - GREASES - MOTOR OILS
331-9344
319 ULYSSES N E
MINNEAPOLIS. MINNESOTA $$613
!-]r. James Sturm
City of Eagan
3R?n Pilot Ynob Road
F cyan, Minnesota 55121
RE: Variance/Pylon Sign Application, Appeal of
Conditional Use Permit/Crown CoCo, Inc.
August 7, 1990
Tear Mr. Sturm:
Fleace accept this letter as a request for appeal of the
r�nr i i orl 1,y the Eagan City Council to deny the Conditional
Y'sc permit tc Crown CoCo, Inc., for a pylon sign and a
•••aTiance of twenty-three (23) feet to the allowed pylon
sign height for our gas station at 4195 Nicols Road in
='�^gin.
1f you have any questions in regard to either this request
-r the sign/variance itself, please contact David Miller
at 331-2928.
Sincerely,
R P 77emck
Robert P. Macy:
President.
r'r-„ I). Miller
MARKETERS OF 6UA )ROLEUM PRODUCTS
Agenda Information Memo
October 16, 1990, City Council Meeting
VACATION/WESCO'IT GARDEN LOTS
F. Vacate Public Right-of-Nk'ay, Receive Petition/Order Public Hearing (Wescott Garden
Lots - Cedar, Rodger & Birch Streets) --The staff has received a petition from the owner
and developer of the Woodlands North Addition requesting the vacation of the public
right-of-way for portions of Cedar Street, Rodger Street and Birch Street located within
that portion of the Wescott Garden Lots which is being replatted into the Woodlands
North Addition. With the platting of the Woodlands North Addition, adequate
replacement public right-of-way is being provided. Therefore, it would be appropriate for
the Council to receive this petition and schedule a public hearing to formally receive any
comments regarding this request.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate
public right-of-way (Wescott Garden Lots - Cedar, Rodger & Birch Streets) and order a
public hearing to be held on November 8. 1990.
VACATIONIRUSTEN ROAD
G. Vacate Public Right -of -«'ay, Receive Petition!Order Public Hearing (Thomas G. Slater
Addition - Rusten Road) --Prior to the platting of the Thomas G. Slater Addition. the
prc)p crty owner had dedicated an easement for public right-of-way to accommodate the
cul-de-sac extension of Rusten Road to service the future lot split related to the final
platting. With the recent approval of the Thomas G. Slater Addition on October ?, 1990,
the final dedicated right-of-way is slightly different than the original dedicated easement
document conveyance. Therefore, it would be appropriate to receive this petition and
schedule a public hearing to consider the vacation of the underlying right-of-way easement
conveyance which has been replaced by the public right-of-w=ay dedicated with the final
plat.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition to vacate
public right-of-way (Thomas G. Slater Addition - Rusten Road) and schedule a public
hearing to be held on November 8, 1990.
F�
Agenda Information Memo
October 16, 1990, City Council Meeting
RECEIVE BIDS/AWARD CONTRACT (ELRENE RD)
H. Contract 90-12, Receive Bids/Award Contract (Elrene Road - Streets & Utilities) --At
10:00 a.m., on Friday, October 12, formal bids were received for the installation of streets
and utilities to accommodate the upgrading of Elrene Road from Yankee Doodle Road
to South Hills Addition. Enclosed on page, 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 held on July 17, 1990. All bids will be reviewed for
accuracy and compliance with bid specifications and any deviations will be so noted and
discussed at the Council meeting. All easements necessary to accommodate this contract
have been acquired by the City.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 90-
12 (Elrene Road - Streets & Utilities) and award the contract to the lowest responsible
bidder and authorize the Mayor and City Clerk to execute all related documents.
a (
ELRENE & ;GRAILS END ROAD
PROJECT #589
CONTRACT NO. 90-12
EAGAN, MN.
CONTRACTORS
1. Danner, Inc.
2. Brown and Cris
3. Alexander Construction
4. Widmer, Inc.
LOW BID
Feasibility Report Estimate
Engineer's Report Estimate -
Project =589-Elrene Road
Pond CP -8 Outlet Control
Structure
% Over (+) Under (-) F.R.
% Over (+) Under (-) E.E.
BID TIME: 10:00 A.M.
BID DATE: OCTOBER 12, 1990
a%
$ 850,000.00
15,000.00
TOTAL BASE BID
$ 920,162.67
950,763.36
985,199.16
999,872.21
$ 920,162.67
$ 725,000.00
865,000.00
+ 24.2*
+ 5.9%
Agenda Information Memo
October 16, 1990, City Council Meeting
RECEIVE BIDSIAWARD CONTRACT (WOODLANDS NORTH)
i. Contract 90-16, Receive Bids/Award Contract (Woodlands North - Streets & Utilities)-
-At 11:00 a.m., on Friday, October 12, formal bids were received for the installation of
streets and utilities necessary to service the Woodlands North Addition. Enclosed on page
is a tabulation of the bids received with a comparison of the low bid to the
estimate contained in the feasibility report presented at the public hearing held on
September 18, 1990. All bids will be reviewed for accuracy and compliance with bids
specifications and any deviations will be so noted at the Council meeting. In order for this
contract to be awarded, it is necessary for the final plat to be approved by Council action
to ensure dedication and conveyance of the necessary easements and public rights-of-way
to accommodate the installation of these improvements. Therefore, if the final plat is not
approved earlier on the October 16 agenda, consideration of this contract award should
be continued to November 8.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 90-
16 (Woodlands North Addition - Streets & Utilities) and award the contract to the lowest
responsible bidder and authorize the Mayor and City Clerk to execute all related
documents; or, continue consideration of contract award until final plat approval.
X5'
7
WOODLANDS NORTH ADDITION
STREET, UTILITIES AND APPURTENANT WORK
PROJECT NO. 596R
CONTRACT NO. 90-16
FOR R THE
CITY OF EAGAN MN.
CONTRACTORS
1. Brown & Cris. Inc.
2. Northdale Construction
3. Ceca Utilities
4. Burschville Const., Inc.
5. Arcon Construction Co., Inc.
6. Barbarossa & Sons, Inc.
7. Landwehr Heavy Moving, Inc.
8. S.J. Louis Construction, Inc.
9. Fredrickson Excavating
LOW BID
Feasibility Report Estimate
Engineer's Estimate
% Over (+) Under (-) F.R.
% Over (+) Under (-) E.E.
BID TIME: 11:00 A.M.
BID DATE: FRI.. OCT. 12, 1990
TOTAL BASE BID
$ 323,826.60
342,808.29
348,484.35
350,450.50
353,849.99
358,530.50
359,305.85
377,464.59
388,140.00
$ 323,826.60
$ 412,000.00
$ 391,000.00
- 21.4%
- 17.2%
Agenda Information Memo
October 16, 1990 City Council Meeting
:1V Lr
J. License, Beer and Wine, Cactus Flats Restaurant/2113 Cliff Road—Itamex Foods in the
name of Cactus Flats Restaurant has applied for a wine and strong beer license and will
occupy the space in Cedar Cliff Center recently vacated by Broadway Pizza.
The City Code was amended approximately two (2) years ago to allow the sale of strong
beer as long as the required food/liquor ratio was met; the applicant had a wine license
and liquor liability insurance. If Cactus Flats is approved, there will be six (6) restaurants
with strong beer licenses in Eagan.
The Police Department is reviewing the application and will submit a separate report
which will be included as a part of the Administrative Agenda on Monday.
A copy of the license application is included for your review without page number.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve a wine and beer
application for Cactus Flats Restaurant (formerly Broadway Pizza) at 21131 Cliff Road.
,30
Agenda Information Memo
October 16, 1990 City Council Meeting
NAME CHANGE FROM MIKE CQUJNS DRIVE TO IVY LANE
K. Consideration, Change Name of Street from MAe Collins Drive to Ivy Lane—Robert
Engstrom Companies is requesting a street name change from Mike Collins Drive, south
of Yankee Doodle Road, to Ivy Lane. For a copy of a letter and other attach
regarding the request for a street name change, refer to pages , through men
Since Mike Collins Drive does extend north of Yankee Doodle Road into the in ustrial
park, the change in name is being reviewed by both Police and Fire and, if either of those
departments have a concern, information will be shared in the Administrative Agenda on
Monday, October 15.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the street name change
from Mike Collins Drive, south of Yankee Doodle Road, to Ivy Lane as requested by
Robert Engstrom Companies.
SPECIAL ?NOTE: There are no addresses affected by this name change.
31
Planning Staff
The City of Eagan
3830 Pilot Knob Road
Eagan, MN 55123
Re: Street Name Change
Dear Sirs:
Attached is a request for smxt name change as follows: Mike Collins Drive smith of
Yankee Doodle Road to Ivy Lane. We submit the following rationale for such a change.
1) Land use north of Yankee Doodle Road is primarily industrial and south is
residential. Ivy Lane has a rustic, pleasing sound befitting a residential neighborhood.
Mike Collins Drive can denote the industrial sector.
2) Mike Collins Drive south is aligned directly at Trails End Road with Ivy Lane in
the Country Home portion of The Woodlands North. Changing the name would simplify
directions and eliminate confusion.
Road. 3) There are no addresses affected on Mike Collins Drive south of Yankee Doodle
Yours truly,
ROBERT ENGSTR011d COMPANIES
waw K /4
Howard R. Kyllo
HRK/ejo
... LAND SPECIALISTS ...
4801 West 81st Street • Suite 101 • 0eapolis, Minnesota 55437 • (612) 893-1001
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Agenda Information Memo
October 16, 1990, City Council Meeting
SOUTH METRO TASK FORCE JOINT, POWERS
L Agreement, 1991 Joint Powers for South Metro Drug Taste Force—The proposed
agreement for 1991 to empower the South Metro Drug Task Force is in order for
consideration. There are a few changes since the original 1988 agreement and they are
marked accordingly throughout the document. This is the proposed agreement for 1991
and includes the Cities of Burnsville, Eagan, Apple Valley, and Lakeville, and Dakota
County.
For a copy of the agreement, refer to pages through
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1991 Joint Powers
Agreement for the South ?Metro Drug Task Force as modified.
3S
1991 JOINT POWERS AGREEMENT
SOUTE METRO TASK FORCE
THE PARTIES TO THIS AGREEMENT are units of government
responsible for the enforcement of controlled substance laws in
their respective jurisdictions. This Agreement is -made pursuant to
the authority conferred upon the parties by Minnesota Statutes
471.59.
NOW THEREFORE, the undersigned governmental units, in the joint
and mutual exercise of their powers agree as follows:
1. Name. The parties did establish in 1988 and hereby
maintain the South Metro Task Force.
2. General Purpose. The purpose of this joint powers
agreement is to establish an organization to coordinate efforts to
apprehend and prosecute drug offenders.
3. Members The members of this Agreement shall consist of the
fallowing units of government:
City of Burnsville
City of Eagan
City of Apple Valley
City of Lakeville
Dakota County
4. State and Local Assistance for Narcotics Control Program.
The City of Burnsville, acting on behalf of the South Metro Task
Force and its members, shall apply for funding under the State and
Local Assistance for Narcotics Control Program ("grant funds"). The
Burnsville City Manager shall be the ."authorized official" as
defined in the general policies and procedures for the program.
5. Administrative Board.
5.1 The governing body of the Task Force shall be a Hoard
�;vc
consisting of six members. The police chief or sheriff of each
Page 1
3(9
party shall appoint one board member to serve at the chief's or
tjtw St-,At„rc
sheriff's pleasure. [The Dakota County Attorney shall appoint one
board member to serve at the County Attorney's pleasure] Board
members must be full-time supervisory peace officers of the
jurisdiction or office that appoints the Board member.
5.2 Board members shall not be deemed employees of the
Task Force and shall not be compensated by it.
5.3 In January of each year, the Board shall elect from
its members a chair, a vice -chair, a secretary/treasurer, and such
other officers as it deems necessary to conduct its meetings and
affairs. The Board may adopt rules and regulations governing its
meetings. Such rules and regulations may be amended from time to
time at either a regular or a special meeting of the Board provided
that at least ten (10) days' prior notice of the meeting has been
furnished to each Board member. The Board shall operate by a
:majority vcte of all members present. A quorum of four (4) members
shall be regjired for all meetings.
6. Powers and Duties of the Board.
6.1 The Board will formulate a program to carry out its
purpose.
6.2 The Board will coordinate intelligence between the
members and the Task Force.
6.3 The Board shall appoint and supervise the Agent -In -
Charge of the Task Force.
6.4 The Board may cooperate with other federal, state, and
local law enforcement agencies to accomplish the purpose for which
it is oresnized.
Page 2
6.5 The Board may make contracts, incur expenses and make
expenditures necessary and incidental to the effectuation of its
purpose and consistent with its powers.
6.6 The Board shall cause to be made an annual audit of
the books and accounts of the Task Force and shall make and file a
report to its members which includes the following information:
(a) the financial condition of the Task Force;
(b) the status of all Task Force projects;
(c) the business transacted by the Task Force; and
(d) other matters which affect the interests of the Task
Force.
6.7 The Task Force's books, reports, and records shall be
open to inspection by its members at all reasonable times.
6.8 The Board may recommend changes in this Agreement to
its members.
6.9 The members may not incur obligations or enter into
contracts that extend beyond the terms of this Agreement.
6.10 The Board may decide to purchase liability insurance
which shall be payable from Task Force funds.
7. Finances.
7.1 The members itend to fund the 1991 cost of operation
0)20 rw-,n nn � Qr, f--, .,n
of the Task Force totaling $336,040.00 as follows: (1) $180,500.00
tIgO oriso,000.00
from 1991 grant funds, and (2) $155,540.00 in matching funds from
member cities and County. The matching funds shall fund the
continued cost of maintaining the replacement officers hired during
1988 for the officer assigned by each member to the Task Force.All
Nt"►� St Aehw
funds will be spent in federally authorized program areas
Page 3
0"Irlln" MMrMMMMPM"
7.2 The Task Force's funds may be expended by the Board in
accordance with this Agreement in a manner determined by the
Board. The Board shall designate the City of Burnsville to act as
depository for the Task Force's funds. In no event shall there be a
disbursement of Task Force funds from the City of Burnsville
depository without the signature of the Task Force
secretary/treasurer.
7.3 The Board shall receive a monthly financial report of
all expenditures and receipts, and current fund balances from the
secretary,/treasurer.
7.9 The members shall contribute their grant funds and
required matching funds to operate the Task Force. The required
snatching funds from each member will be used to pay the 1991 salary
of the officer hired in 1988 to replace the officer assigned to the
Task Force.
7.5 The Board shall adopt a budget based upon grant funds,
member snatching funds and money made available from other sources.
he Board may amend the budget from time to time.
7.6 The Board may not incur debts.
7.7 The Task Force's obligation to reimburse members for
any expense, furnish equipment, and the like is contingent upon the
i
FO. o0o.0a i990
Task Force receiving at least $180,500.00 in grant funds in 1993.
If grant funds less than that amount are received, the Board may
reduce the level of expense reimbursement and cut back on equipment
and other purchases otherwise required by this Agreement.
E. Agents.
8.1 Each member shall assign one experienced, licensed
peace officer to serve on the Task Force on a full-time basis.
Page y
39
8.2 Agents shall not be employees of the Task Force.
Agents shall. remain employees of the member that has assigned them
to the Task Force and shall be paid by that member, not the Task
Force.
8.3 Agents will be responsible for drug investigation,
including intelligence management, case development, and case
charging. Agents will also assist other agents in surveillance and
undercover operations. Task Force agents will work cooperatively
with assisting agencies.
8.9 Agents will be supervised by the Agent -in -Charge.
8.5 The member appointing the Agent shall furnish the
agent a weapon and a vehicle and pay any lease payments, insurance,
maintenance, and operating costs of the vehicle.
8.6 The members shall maintain the officer positions hired
in 1,988 to replace the officer assigned to the Task Force.
9. Agent -In -Charge.
9.1 From the agents assigned by members, an Agent -In -
Charge shall be appointed by the Board and serve at its pleasure.
The Agent -In -Charge must be a full-time, licensed peace officer of a
member and shall be paid a supervisor's salary by that member. The
difference between the rate of pay, if any, the Agent -In -Charge
would norm-zlly have received from the member and the rate of pay for
the member's first line supervisor, however, will be paid by the
Task Force. The Agent -In -Charge shall remain an employee of the
member city or County.
9.2 The Agent -In -Charge shall be in charge of the day-to-
day operation of the Task Force, including supervising the Task
Force's assigned personnel, subject to direction received from the
Page 5
Board. The Agent -In -Charge is responsible for staffing, scheduling,
case assignment, case management, record keeping, informant
management, buy fund management, petty cash management, and
intelligence management. The Agent -In -Charge will be responsible to
keep the Board updated as to the Task Force's activity, which would
include major case development within member jurisdictions. The
Agent -In -Charge will supervise the drafting and execution of all
search warrants initiated by the Task Force Unit and will work
cooperatively with the agencies with venue over the case. The
Agent -In -Charge will be responsible for all buy fund monies and
petty cash funds and will provide Board members with a monthly
accounting of all funds disbursed and a written summary of activity
with the unit.
9.3 The Agent -In -Charge may exclude agents from further
Task Force involvement subject to review by the Board and approval
of the me.,ber that assigned the agent to the Task Force.
10. Forfeitures, Seizures and Fines. Items that are seized by
the Task Force may be used to support Task Force efforts. The use
of these items must be approved by the Board. In the case of
Federal forfeiture actions, established Federal Rules shall be
followed. All remaining forfeited items shall be divided equally
among Task Force members. Fine or restitution monies ordered paid
to the Task Force by Court Order shall be used to off set equipment
cr operating costs of the Task Force not funded by grrant or
matching funds.
11. Headquarters. The City of Eagan will furnish the Task
Force, without cost, office space at 3830 Pilot Knob Road, Eagan,
Minnesota 55122. All utilities, including electricity, heat, air
Page 6
conditioning, and the like shall also be furnished to the Task Force
by Eagan without cost.
12. Indemnification. Each member shall fully indemnify and
hold harmless the other members against all claims, losses, damage,
liability, suits, judgments, costs and expenses by reason of the
action or inaction of its employees assigned to the Task Force.
This agreement to indemnify and hold harmless does not constitute a
waiver by any member of limitations on liability provided by
Minnesota Statutes, Chapter 466.
13. Duration.
13.1 This Agreement shall take full force and effect when
all five potential members, listed in paragraph three of this
Agreement, sign it. All members need not sign the same copy. The
signed Agreement shall be filed with the city clerk of the City of
Eagan, who shall notify all members in writing of its effective
date. With the exception of paragraph 4 of this Agreement,
implementation is also contingent upon receipt of grant funds.
Prior to the effective date of this Agreement, any signatory may
rescind its approval.
13.2 This Agreement shall terminate twelve (12) months from
its effective date unless extended by further written agreement of
the parties.
1.3.3 This Agreement may be terminated at any time by the
Board (W" d< 1.4 Aea)
written agreement of 3/5 of theTmembers.
13.4 Upon termination of this Agreement, all property of
the Task Force shall be sold or distributed to the members in
proportion to the contributions of each member of this Agreement.
Page 7
IN WITNESS WHEREOF, the undersigned governmental units, by
action of their governing bodies, have caused this Agreement to be
executed in accordance with the authority of Minnesota Statutes §
471.59.
Approved by the City Council
,1990.
Approved by the City Council
,1990.
Approved by the City Council
,'_990.
Approved by the City Council
,1990.
Approved by Dakota County Board
Res3_ut'.3n No.
Dakota County Attorney's Office
Dakota Ccunty Government Center
1560 Highway 55
Hast_n_=, Minneslta 55033
Teleph ne: (612) 438-4438
C K -9 -
Page 8
43
CITY OF LAKEVILLE
By
Date of Signature
Attest
Date of Signature
CITY OF BURNSVILLE
By
Date of Signature
Attest
Date of Signature
CITY OF EAGAN
By
Date of Signature
Attest
Date of Signature
CITY OF APPLE VALLEY
By
Date of Signature
Attest
Date of Signature
COUNTY OF DAKOTA
By
Rod Boyd, Sheriff
Date of Signature
Approved as toForm,,
By k".4 V . 1, �..'..�- y.v
Asq! tant County At or ey
Date 'o Signature
Approved as to Execution by
County
By
Assistant County Attorney
Date of Signature
Agenda Information Memo
October 16, 1990, City Council Meeting
IDB' .1PARK NICOi 7 FT CLINIC
A. Resolution for the Issuance of Industrial Development Revenue Bonds for Park
Nicollet Clinic in an Amount not to Exceed $3,225,00D—At a previous City Council
meeting.. a public hearing was authorized to consider the issuance of industrial
development revenue bonds for the new Park Nicollet Clinic facility that will be
constructed on Galaxie Avenue south of Cliff Road. In a previous packet, the City
Administrator explained the use of industrial development revenue bonds and answered
questions regarding how the bond is structured and the type of debt that will be
amortized. The resolution to be considered by the City Council approves the issuance of
revenue bonds to finance the Park Nicollet clinic facility and also to issued on behalf of
the City by the City of St. Louis Park pursuant to a joint powers agreement between the
cities of St. Louis Park and Bloomington. As previous stated, Park Nicollet is expanding
facilities in St. Louis Park, Eagan, Bloomington and Minnetonka. The Minnetonka project
was dropped from the bond issue because the project has not as yet received the
necessary planning approvals from that City.
For a copy of the resolution and joint powers agreement, refer to pagesthrough
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a resolution for
the issuance of industrial development revenue bonds for Park Nicollet Clinic in an
amount not to exceed $3,225,000 and provide execution of the joint powers agreement
resolution to allow the City of St. Louis Park to act as the issuer of the industrial
development revenue bonds.
CERTIFICATION OF MLVUTES RELATING TO
HEALTH CARE FACILITIES REVENUE BONDS
(PARK NICOLLET MEDICAL CENTER PROJECT),
SERIES 1990
Issuer: City of Eagan, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting, held on October 16,
1990, at o'clock P.M., at the City Hall.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (pages):
MIN'UTES OF PUBLIC HEARL`TG ON
PROPOSED PROJECT
and
RESOLUTION GIVE�G APPROVAL TO A PROJECT ON BEHALF OF
PARK NICOLLET'MEDICAL CENTER AND ITS FP ANCING
L :N DER THE ML's NESOTA MI L� ICIPAL LNDUSTRIAL
DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE
MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC
DEVELOPMENT FOR APPROVAL; AN D AUTHORIZLNTG THE
PREPARATION OF NECESSARY DOCUMENTS
I, the undersigned, being the duly qualified and acting recording officer
of the public corporation issuing the obligations referred to in the title of this
certificate, certify that the documents attached hereto, as described above, have been
carefully compared with the original records of the corporation in my legal custody,
from which they have been transcribed; that the documents are a correct and
complete transcript of the minutes of a meeting of the governing body of the
corporation, and correct and complete copies of all resolutions and other actions taken
and of all documents approved by the governing body at the meeting, insofar as they
relate to the obligations; and that the meeting was duly held by the governing body at
the time and place and was attended throughout by the members indicated above,
pursuant to call and notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer and the seal of the
City this — day of . 1990.
(SEAL)
L1s
City Clerk -Treasurer
0
The Mayor stated that this was the time and place fixed by a resolution
of this Council, adopted on September 18, 1990, for a public hearing to be held on the
proposal that the City undertake and finance a project (the Project) on behalf of Park
Nicollet Medical Center, a Minnesota business trust (the Borrower), pursuant to
Minnesota Statutes, Sections 469.152 through 469.165. The City Clerk -Treasurer
presented an affidavit showing publication of the notice of public hearing at least
once not less than 14 nor more than 30 days prior to the date fixed for the public
hearing, in the Dakota County Tribune the official newspaper of the City and a
newspaper of general circulation in the City. The affidavit was examined, found to
be sat-,sfactory and ordered placed on file with the City Clerk -Treasurer.
T he Mayor then opened the meeting for the public hearing on the
proposal to undertake and finance the Project on behalf of the Borrower. The
purpose of the hearing was explained, the nature of the Project and of the proposed
revenue bonds was discussed, the draft copy of the Application to the Minnesota
Department of Trade and Economic Development with draft copies of all
attachments and exhibits were available, and all persons present who desired to do
so were afforded an opportunity to express their views with respect to the proposal
to undertake and finance the Project, in response to which the following persons
either appeared,, were recognized and made statements, or filed written comments
.cith the Citi- Clerk -Treasurer before the date set for the hearing, summaries of
which appear opposite their respective names:
4 (0
RESOLUTION GIVNG APPROVAL TO A PROJECT ON
BEHALF OF PARK I�,"ICOLLET MEDICAL CENTER AND ITS
FINAIvCINI G UNDER THE MINNESOTA MUNICIPAL
LN'DUSTRIAL DEVELOPMENT ACT; REFERRIi -G THE
PROPOSAL TO THE MINTNESOTA DEPARTMENT OF TRADE
AND ECONOMIC DE=VELOPMENT FOR APPROVAL; AND
AUTHORIZLNIG THE PREPARATION OF NECESSARY
DOCUMENTS
BE IT RESOLVED by the City Council of the City of Eagan, Minnesota
(the Municipality), as follows:
SECTION 1
Recitals and Findings
1.I. This Council has received a proposal that the Municipality finance a portion or
all of the cost of a proposed project under Minnesota Statutes, Sections 469.152
through 469.165 (the Act), on behalf of Park Nicollet Medical Center, a Minnesota
business trust (the Borrower), consisting of financing the acquisition of land and the
construction and equipping of a facility thereon to be used as a medical clinic,
pharmacl- and medical retailing facility. The Project is to be located at the southeast
corner of Interstate 35E and Cliff Road (Galaxy Cliff Development) in the
Municipality-.
1.2. At a public hearing, duly noticed and held on October 16, 1990, in accordance
with the :pct and Section 147(1) of the Internal Revenue Code of 1986, on the
proposal to undertake and finance the Project, all parties who appeared at the
hearing were given an opportunity to express their views with respect to the
proposal to undertake and finance the Project and interested persons were given the
opportunity to submit written comments to the Citv Clerk -Treasurer before the time
of the hearing. Based on the public hearing, such written comments (if anv) and
such other facts and circumstances as this Council deems relevant, this Council
hereby finds, determines and declares as follows:
(a) The welfare of the State of Minnesota requires the provision of
necessary health care facilities to the end that adequate health care services be made
available to residents of the State of Minnesota at reasonable cost, and the State of
Minnesota has encouraged local government units to act to provide such facilities.
(b) The undertaking of the Project would further the general purposes
contemplated and described in Section 469.152 of the Act.
(c) The existence of the Project would further promote the public
purposes and legislative objectives of the Act by providing an inducement for the
y7
expansion of health care operations and providing health care services at the lowest
possible cost in the Municipality and surrounding area.
(d) This Council has been advised by representatives of the Borrower
that conventional, commercial financing to pay the cost of the Project is available
only at such high costs of borrowing that the economic feasibility of constructing
and operating the Project would be reduced from that resulting with the aid of
municipal borrowing, and its resulting lower borrowing cost.
(e) This Council has also been advised by representatives of the
Borrower that on the basis of their discussions with potential buyers of tax-exempt
bonds, revenue bonds of the Municipality (which may be in the form of a revenue
rote or notes) could be issued and sold upon favorable rates and terms to finance
the Project.
(f) The ?Municipality is authorized by the Act to issue its revenue bonds
to finance capital projects consisting of properties used and useful in connection
with a revenue producing enterprise engaged in providing health care services,
such as that of the Borrower, and the issuance of the bonds by the Municipality
would be a substantial inducement to the Borrower to construct the Project.
SECTION 2
Determination To Proceed with the Pro'ect and Its Financin
2.1. Orhe basis of the information given the 'Municipality to date, it appears that it
would be desirable for the Municipality to issue its revenue bonds under the
provision: of the Act to finance the Project in the maximum aggregate face amount
of S3,773,,000.
2.2. It is hereby determined to proceed with the Project and its financing and this
Council hereby declares its present intent to have the Municipality issue its revenue
bends under the Act to finance the Project. The issuance of such revenue bonds
shall be subject to approval of the Project by the Minnesota Department of Trade and
Econornic Development (the Department). The revenue bonds, if issued, shall not
constitute a charge, lien or encumbrance, legal or equitable, upon any property of the
Municipality, except the revenues specifically pledged to the payment thereof, and
each bond, when, as and if issued, shall recite in substance that the bond, including
interest thereon, is payable solely from the revenues and property specifically
pledged to the payment thereof., and shall not constitute a debt of the Municipality
within the meaning of any constitutional or statutory limitation.
2.3. The Application to the Minnesota Department of Trade and Economic
Development (the Application), with attachments, is hereby approved, and the
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Mayor and City Clerk -Treasurer are authorized to execute said documents on behalf
of the Municipality.
2.4. In accordance with Section 469.154, Subdivision 3 of the Act, the Mayor and City
Clerk -Treasurer are hereby authorized and directed to cause the Application to be
submitted to the Department for approval of the Project. The Mayor, City
Clerk -Treasurer, City Attorney and other officers, employees and agents of the
Municipality are hereby authorized and directed to provide the Department with
any preliminary information needed for this purpose. The City Attorney is
authorized to initiate and assist in the preparation of such documents as may be
appropriate to the Project, if approved by the Department.
SECTION 3
Proposed Joint Powers Action
3.1. The Borrower has informed this Council that the Borrower is
requesting the cities of St. Louis Park and Bloomington (collectively, the "Other
Cities" and, with the Citv, the "Participants") to issue similar bonds in order to
finance similar projects on behalf of the Borrower located in each of the Other Cities.
The Borrower has proposed that the City and each of the Other Cities enter into a
joint powers agreement pursuant to the Act authorizing one of the Participants to
issue revenue bonds under the Act to finance each of such projects, including the
Project. In particular, the Borrower has proposed that the joint powers agreement
Provide that the City of St. Louis Park issue the bonds authorized by each of the
Participants in order to finance each of said projects.
3.2. The Cite is authorized, pursuant to Minnesota Statutes, Section
"71.9 and the Act, to enter into and perform such contracts and agreements with
other municipalities as this Council may deem proper and feasible for or concerning
the planning, purchase, acquisition and financing of a project whereby one city
issues its revenue bonds on behalf of one or more other cities. The City is
authorized by 'Minnesota Statutes, Section 471.59 and the Act to enter into the joint
powers agreement proposed by the Borrower as described in Section 3.1 hereof.
3.3. A form of Joint Powers Agreement has been prepared and
submitted to this Council and is hereby directed to be filed with the City Clerk -
Treasurer.
3.4. The issuance of bonds by the City of St. Louis Park on behalf of the
City and each of the Other Cities for the purpose of financing the Project and the
other projects described above, pursuant to the Act and the Joint Powers Agreement,
is hereby approved. The form of the Joint Powers Agreement referred to in Section
3.3 is approved subject to such modifications as are deemed appropriate and
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L
approved by the City Attorney and the Mayor, which approval shall be conclusively
evidenced by the execution of the joint Powers Agreement by the Mayor and the
City Clerk -Treasurer. The Mayor and the City Clerk -'treasurer are hereby authorized
and directed to execute the Joint Powers Agreement on behalf of the City. The
Mayor and the City Clerk -Treasurer are also authorized and directed to execute such
other instruments as may be required to give effect to the transaction herein
contemplated.
3.5. The Mayor and City Clerk -Treasurer and other officers of the City
are authorized and directed to furnish to the Borrower and the attorneys rendering
an opinion on the issuance of the bonds, certified copies of all proceedings and
records of the City relating to the bonds and such other affidavits and certificates as
may be required to show the facts relating to the legality and marketability of the
bonds as such facts appear from the books and records in the officer's custody and
control or as otherwise known to them; and all such certified copies, certificates and
affidavits; including any heretofore furnished, shall constitute representations of
the Cit -N, as to the truth of all statements contained therein.
Adopted by the City Council of the City of Eagan on this 16th day of
October, 1990.
Attest:
City Clerk -Treasurer
52
,moo
Mayor
The motion for the adoption of the foregoing resolution was duly
seconded by Councilmember
the following voted in favor thereof:
and the following voted against the same:
and, upon vote being taken thereon,
whereupon the resolution was declared duly passed and adopted and was signed by
the Mavor, whose signature was attested by the City Clerk -Treasurer.
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57
JOINT POWERS AGREEMENT
PROVIDING FOR THE ISSUANCE OF HEALTH CARE FACILITIES
REVENUE BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152
THROUGH 469.165 TO FINANCE PROJECTS ON BEHALF OF
PARK NICOLLET MEDICAL CENTER
This JOIN' POWERS AGREEMENT is entered into as of the
day of ,1990 between the City of St. Louis Park,
Minnesota ("St. Louis Park"), the City of Eagan, Minnesota ("Eagan"), and the City of
Bloomington, Minnesota ("Bloomington"). St. Louis Park, Eagan and Bloomington
are hereinafter together referred to as the "Cities".
1. Statement of Purpose and Powers to be Exercised.
1.1. Under Minnesota Statutes, Section 469.152 through 469.165 (the
"Act"), each of the Cities is authorized to (i) issue its revenue bonds to finance
properties, real or personal, whether or not now in existence, used or useful in
connection with a revenue producing enterprise, including revenue producing
enterprises whether or not operated for profit, engaged in providing health care
services, and (ii) enter into and perform contracts and agreements with other cities
concerning planning, purchase, acquisition and financing of a project and whereby
one city issues its revenue bonds in behalf of one or more other cities.
1.2. The Act recites that the welfare of the State requires the active
promotion: attraction, encouragement and development of economically sound
industry and co.rnmerce to prevent, as far as possible, the emergence of blight and
areas of chronic unemployment and to prevent economic deterioration and that the
welfare of the State requires adequate health care facilities so that adequate health
care ser,. ices are available to residents of the state at reasonable cost.
1.3. Park'_`icollet Medical Center, a Minnesota business trust (the
"Borrower"), has proposed that the Cities enter into a joint powers agreement under
Minnesota Statutes; Section 4^1.59 and the Act, pursuant to which St. Louis Park,
acting for and on behalf of itself and Eagan and Bloomington will issue a series of
revenue bonds in an amount not in excess of $ (the "Revenue Bonds")
and loan the proceeds thereof to the Borrower to finance the costs of the Projects
shown on Schedule I attached hereto.
1.4. The undertaking of the proposed Projects and the issuance of the
Revenue Bonds to finance the cost thereof will promote the public purposes and
legislative objectives of the Act by providing substantial inducement for the
Borrower to acquire and construct the Projects, and each of the Projects constitute a
"°project" within the meaning of the Act. Each of the Cities has approved the
financing of the Project to be located within such City.
�L�
2. Manner of Exercising Power. Each of the Cities has adopted a
resolution authorizing the joint issuance of the Revenue Bonds in an aggregate
principal amount not in excess of $ . St. Louis Park shall exercise the
powers of the Act on behalf of itself and Eagan and Bloomington by adopting,
approving and executing such resolutions, documents, and agreements as shall be
necessary or convenient to authorize, issue and sell the Revenue Bonds and such
other resolutions, documents and agreements as shall be necessary or required in
connection with the issuance of the Revenue Bonds and giving effect to or carrying
out the provisions of this Agreement and documents under which the Revenue
Bonds are issued and/or secured.
3. Source and Contribution of Funds; Allocation of Funds. The source
of funds for the Projects shall be the proceeds of the Revenue Bonds and, if
necessary, a contribution to be made by the Borrower. The funds shall be deposited
and applied as provided in an Indenture of Trust between St. Louis Park and
Norwest Bank Minnesota, National Association as trustee, and the Loan Agreement
between St. Louis Park and the Borrower.
4. Nature of Revenue Bonds. The Revenue Bonds shall be special,
limited obligations of St. Louis Park, payable solely from proceeds, revenues and
other amounts pledged thereto and more fully described in the Indenture. The
Revenue Bonds and the interest thereon shall neither constitute nor give rise to a
pecuniary liability, general or moral obligation or a pledge of the full faith or loan of
credit of St. Louis Park or any of the other Cities, within the meaning of any charter,
Constitutional or statutory provisions.
5. Term of Agreement. Termination. Unless otherwise provided by
concurrent action of the Cities, this Agreement shall terminate upon the retirement
of the last outstanding Revenue Bond, and this Agreement may not be terminated
in adyan:e of such retirement.
6. Amendments. This Agreement may be amended by the Cities at any
time by a writing signed by each. No amendment may impair the rights of the
holders of the Revenue Bonds, unless the Trustee shall have consented to such
amendment in the manner provided for an amendment of the Indenture.
IN WITNESS WHEREOF, each of the Cities has caused this Agreement
to be executed on its behalf by its duly authorized officers, all as of the day and year
first above written.
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53
ATTEST:
m
Its City Clerk
CITY OF ST. LOUIS PARK, MINNESOTA
By
Its Mayor
And
Its City Manager
CITY OF EAGAIN, MLN.NIESOTA
30
Its Mayor
Its City Clerk -Treasurer
CITY OF BLOOMINGTON, MWNESOTA
By
Its Mayor
And
Its City Manager
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SCHEDULE I
PROJECTS
City in Which
Located Description of Proect
Bloomington Acquisition of clinic facility located at
5320 Hyland Greens Drive and
acquisition and installation of items of
equipment therein
Eagan Purchase of land and construction
thereon of clinic facility and
acquisition and installation of items of
equipment in such clinic facility
St. Louis Park Leasehold improvements and code
compliance items and acquisition and
installation of items of equipment,
including magnetic resonance imaging
and computerized tomography
equipment
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SS
Agenda Information Memo
October 16, 1990 City Council Meeting
ADAMS -OUTDOOR ADVERTISING
A. Adams Outdoor Advertising, Refund of Conditional Use Permit Application Fee --
Adams Outdoor Advertising presented an application for a conditional use permit to allow
a billboard sign and was proceeding to the Advisory Planning Commission public hearing
in August when the application was placed on hold due to an anticipated review by the
City Council at their September 4 meeting. At that City Council meeting, a moratorium
was placed in effect for up to one year for any billboard sign applications within the
community.
Adams Outdoor Advertising is requesting a refund of the $150 application fee in their
letter referenced as page _::rZ.
According to the Finance Department, $36.48 in out-of-pocket costs have been incurred
as a result of processing the application and, therefore, the City Council could either
consider: 1) a refund of $150 with the understanding that there is no application of
record or 2) refund the difference in the amount the City has incurred in publication and
other expenses. If it is the wish of the City Council to refund only the difference between
expenses and the application fee, there should be a determination made as to whether the
sign application is a pending application of record.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a refund of the
fee paid to the City of Eagan by Adams Outdoor Advertising for a conditional use permit
application process.
S�
ADAM
September 27, 1990
Mr. Dale Runkle
City Planner
City cf Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Dear Mr. Runkle:
Since the hillboard advertising sign moratorium was passed by the city
courcii -n September 4, 1990, we are requesting a refund on our
cond;_ional use permit application.
The adv:scry planning commission placed the application on hold during
the Rug::st ?^, 1990 meeting. The application was never processed.
Please ref,,nd cur $150.00 fee. Thank you.
Sincere' .• ,
john r . -;,d ger
Adams Outdoor Ad,, ertising
Agenda Information Memo
October 16, 1990 City Council Meeting
CONDITIONAL USE PERMITISAFE7Y KLEEN
B. Conditional Use Permit, Safety Kleen, to Allow Outdoor Storage in a LI District on
Lots 3 and 4, Block 1 --Community Development is requesting a continuance of the
conditional use permit for Safety Kleen until the November 8 City Council meeting. The
reason this item was originally continued at the October 2 meeting was to allow staff to
address a number of environmental issues with the applicant relative to any problems that
might occur if a tank should leak or be struck by a tornado or some other natural disaster.
The City Attorney has raised a number of excellent questions which Community
Development is coordinating with the applicant. For a copy ofuestions that wer raised
by the City Attorney for coordination by staff, refer to pages -0 through4V
ACTION TO BE CONSIDERED ON THIS ITEM: To continue further consideration of
the Safety Kleen conditional permit application until the November 8 City Council
meeting.
SEVERSON, WILCOX & SHELDON, F.A.
LARRY S.SEVERSON•
JAMES F. SHELDON
J. PATRICK WILCOX*
TERENCE P. DURKIN
MICHAEL G. DOUGHERTY
MICHAEL E MOLENDA••
PAUL J. STIER
•ALSO LICENSED IN IOWA
••ALSO LICENSED IN WISCONSIN
--ALSO LICENSED IN NEBRASKA
October 5, 1990
Dale Runkle
City of Eagan
3830 Pilot Knob Road
P.O. Box 21199
Eagan, NN 55121
Dear Dale:
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
600 MIDWAY NATIONAL BANK BUILDING
7300 WEST 147TH STREET
APPLE VALLEY, MINNESOTA 55124
(612) 432-3136
TELEFAX NUMBER 432-3780
KENNETH R H U,I_
"'SCOTT D JOHNSTON
JOSEPH F EARLEY
LOREN Al SOLFEST
CHRISTINE S1 SCOT1LLn
ANNETTE 1.1 MARGARIT
DANIEL M SHERIDAN
OFMIN-F.I,
JOHN F. %UKF:I.k'H
I am listing below an outline of items which are necessary to reviei
the Safety Kleen conditional use permit application for the additiol
of 12 storage tanks and 240,000 gallons of waste. Some of these item!
may have already been covered by Safety Kleen, but it seemed that th(
Council wanted a complete review.
1. What are the soils and geology of the area? What is the hydrolog!
of the area?
2. What specifically are the liquids to be stored? What chemicals
are involved? What are the expected amounts and volumes? What is
the period of storage? How are the materials classified with
respect to hazardous or nonhazardous? (commercial, industrial or
residential?)
3. What is the facility design, the tank design, the retention
holding design, the length of life of the construction materials?
What are the liner and vault designs, if any?
4. What are the acceptance and handling procedures? What are the
testing procedures for the facility? What are the record
procedures for the facility? What is the security for the
facility? What is the outside testing capacity for the City at
the facility?
5. With respect to the Storm Water Management Plan, what is:
a. the collection and containment system;
b. the testing system;
Page Two
C. the discharge system; and
d. the outside monitoring system?
6. What are the safety and emergency operations procedures?
7. What are the environmental impacts of construction, operation,
and closure of the facility?
S. What provisions are made for tank replacement, repair and
maintenance?
9. What are the closure and post -closure care plans?
10. What financial responsibility and assurances does the City
receive from Safety Kleen and how are those implemented?
11. What violations, citations or notices of deficiency has Safety
Kleen or any of its subsidiaries received from any state, federal
or foreign government or agency?
12. What is the expected traffic volume and safety record of
carriers?
I think these would be reasonable questions to start and the people
to whom I'm copying this letter may have additions or revisions to
the list either now or after the responses from Safety Kleen.
Please let me know how you would like to proceed in this matter.
Very truly yours,
SEVERSON, WILCOX & SHELDON, P.A.
James F. Sheldon
JFS/djk
cc:,.Tom Hedges
Jim Sturm
Tom Colbert
Mfol
Agenda Information Memo
October 16, 1990 City Council Meeting
I t #a
COMPREHENSIVE GUIDE PLAN AMENDMENT ZONING
MULTI -FAMILY RESIDENTIAL, LAND STUDY AREA E
A. Comprehensive Guide Plan Amendment, City of Eagan, Area E/Multi-Family
Residential land Study, to Change the Land Use Designation of Approximately 145 Acres
from D -II to R & D. The Subject Property is Bounded by Lone Oak Road, Highway 55
and the Eastern Corporate Boundaries in the Northeast and Northwest. Quarter of Section
12 --At its regular meeting of August 28, 1990, the Advisory Planning Commission
considered two (2) areas from the Multi -Family Residential Land Study. One of these was
Area E located between Lone Oak Road, Highway 55 and the eastern boundary of the
City in the northeast and northwest quarters of Section 12. For additional information
concerning Area E, please refer to the Community Development Department report which
is enclose on pages "through for your review. Also enclosed on pages
through _Wis a copy of the Advisory Planning Commission minutes related to this item.
The Commission is recommending approval of the comprehensive guide plan amendment
as presented.
This item was scheduled for the September 18 City Council meeting; however, subsequent
to the Advisory Planning Commission meeting, several of the affected property owners
contacted the Community Development Department with questions regarding the
comprehensive guide plan amendment and its potential effects on their properties. The
Community Development Director recommended that a continuance, if granted, be to the
October 16, 1990 meeting allowing for staff time to address issues such as the impact of
property taxes and other related issues. For a copy of a memo pre ared by the
CQnimunity Development Director addressing these issues, refer to pages through
Other information available on this agenda item includes a letter that was hand -delivered
by Pauline Keene to each member of the City Council. Ms. Keene is requesting on behalf
of those residents who reside within the land area footprint described as Area E that the
City Council consider a continuance and that an informational meeting be provided so that
they can hear a presentation by the appropriate Dakota County staff and ask questions
of the Community Development Department pertinent to this agenda item.
ACTION TO BE CONSIDERED ON THIS ITEM: 1) To approve or deny a further
request to continue to the November 8, 1990 City Council meeting or 2) to approve or
deny the comprehensive guide plan amendment for Multi -Family Residential Land Study
Area E as presented.
SUBJECT: CONIPREHENSWE GUIDE PLAT' AMENDMENT
MULTI-FANULY RESIDENTIAL LAND STUDY
AREA.E
APPLICANT: CITY OF EAGAN
LOCATION: PROPERTY BOUNDED BY LONE OAK ROAD,
EIGHWAY SS AND THE EASTERN CORPORATE
BOUNDARY
NE AND NK' 1/4s SECTION 12
EXISTLNG ZON-rgG: R•4 MULTIPLE RESIDENTIAL AND A
A GRI CULTURAL
DATE OF PUBLIC HE.ARI'\G: AUGUST 28, 1990
DATE OF REPORT: AUGUST 21, 1990
CO'MPILED BI': COMMUT'ITY DVVELOPNIENT DEPARnIEN'T &
CITY ATI'ORJNT1'S OFFICE
BACKGROUND: Over the past year, the Community Development Department has been
s:ud.:r g m�l;•fa-�:il} residential land use in Eagan. Multi -family residential development
was des:gna,led bN the City Council as a topic for review for two primary reasons: one,
the laqe a-.no-jnt of undeveloped multi -family zoned/designated land currently available
in Saga- . and two, Eagan's higher -than -average percentage of existing multi -family units.
Th ee repo ,s h2Ve been prepared as pan of this comprehensive review of multi -family
res d,tnija' - _ These reports, entitled "Multi -Family Residential Land Study Draft
Repo: i7�9), "Update Report" (December 1989), and "Comment Report" (March
1993), Lre 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
Cin- 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.
S'1Bf W2s directed to schedule public hearings for those study areas recommended for plan
amendments and!or rezonings.
STM' AREA E: Study Area E itself consists. of one parcel, P.I.D. 10-01200-010-01
ar%r-o) .—Mate' 25 acres in size. However, the recommended change for Area E was to
also include all property within the triangle bounded by Lone Oak Road on the north,
T.H. 55 on the south, and the Eagan./Inver Grove Heights common corporate boundaries.
As such, this application involves 27 separate parcels, including the one parcel in Area E,
for a total of approximately 105. acres. This area is currently designated for D -II Mixed
Residential (0 to 6 units per acre) in the Comprebensive Land Use Guide Plan and zoned
R4 Multiple Residential (Area E) and A Agricultural (all except Area E).
Study Area E is currently vacant. Of the remaining 26 parcels, approximately 10 have
existing single-family dwellings on them.
The attached data sheets from the 'Draft Report" (July 1989) and exhibits provide
additional descriptions of Study Area E.
CITY COLT CIL RECO)•5MNDATION: The City Council recommended consideration
of a Comprehensive Guide Plan amendment such that Area E and all of the property
within the triangle bounded by Lone Oak Road on the north, T.H. 55 on the south and
the Eagan Inver Grove Heights common boundary would be designated R & D Research
and Development. The City Council also recommended consideration of a rezoning to R-
D Research and Development for this entire area. However, only the plan amendment
is being considered with.this application.
Inclusion of all of the property within the above descnbed "triangle" with changes made
to Area E was considered for several reasons. The analysis contained in the Multi -Family
Resident -Jai Land Study indicated that the existing residential land use designation was
inapp,op,iate, not only for Area E but for all similarly designated land within the triangle,
given su-rounding uses and aircraft noise impacts. The City Council has concurred with
this analysis, and recommended consideration of a change in the land use designation.
A change to the Comprehensive Land Use Guide Plan from the existing D -Il Mixed
Residential (0 to 6 units per acre) will ultimately lead to a rezoning of the property in
accordance u. th hsinnesota law. Provided that the land use change is to R & D Research
and Development, the consistent zoning district is R -D Research and Development. The
rnini.�� -= Lize for an R -D zoning district is 40 acres, but Area E itself is approximately 25
acres. As such, consideration of all of the property within the triangle along with Area
E alle%fates inappropriate land use designations and provides an area of sufficient size for
future rezorings.
PREVIOUS STLMS'/PROPOSAL: This application deals solely with a change in the
Comprehensive Land Use Guide Plan for the subject area. No forma.] applications for
speci5c development are included with this application. However, future uses for the
subject area have been discussed previously, which provide a framework for consideration
of the change proposed with this application.
In 1988, City of Eagan Planning Consultant John Voss conducted a Iand use designation
study of this triangular area because of inquiries at that time about commercial and/or
indus*mal development for portions of the area. This study presented three alternative
land use plans sho%�ing combinations of limited business uses with residential uses, limited
business uses with limited industrial uses, and mixed commercial uses with limited
nl�
industrial uses (exhibits attached). Most recently, the owner of the western portion of the
triangular area bas discussed development concepts which indicate mixed
commercial/research and development uses for his property.
Both the 1985 study and the Multi -Family Residential Land Study agree that the existing
residential land use designation is inappropriate, but differ in the recommended types/mix
of commercial and industrial uses. This difference can be explained in that the. 198$ study
was in response to inquiries specifically about commemial/industrial development, and
concentrated on one area. The Multi -Family Residential Land Study, on the other hand,
is a city-%*ide comprehensive review of the appropriateness of all undeveloped property
designated for multi -family residential land uses. Its purpose was not to propose specific
plans for any particular parcel, but to propose alternative land uses if the eurTent multi-
family residential land use was determined to be inappropriate. In the case of the
triangular area including Study Area E, an R & D Research and Development designation
was suggested as an appropriate land use because research/development type uses could
pro%ide an appropriate transitional use buffer between the existing residential uses to the
south (rescarch/development uses are intended to be compatible with residential uses) and
the mixed cor..mercial/industrial uses to the north.
It should be noted that development of the entire 105 acre triangular area under an R
& D Research and Development designation may not occur, but rather a combination of
cornrn:rcia' and industrial land use designations may be appropriate as actual development
is app-oved. A change from the existing D -II Mixed Residential designation to an R &
D Resea-ch and Development designation does, however, indicate that the City has
de -,e= -.'-ed that residential development of the area is inappropriate, and that
co-: ^ercial.' dustrial land uses which would be compatible with surrounding uses is the
most apr-op.;ate guide for future development.
PROPERTY OWNER CONLMEATS RECEIVED: All property owners within the
des:ri�_ed tr,2ngular area, plus those within 350 feet of the boundary of this area, were
mailed notice of this public hearing before the Advisory Planning Commission. In earlier
stages o` the 1`:ulti-Family Residential Land Study, comments were solicited by staff and
receive" from the property ov,mers of the one parcel within Area E. Comments contained
in the most recent correspondence received from these property owners (copy of letter,
dated April 6, 1990, attached) indicate that they are not opposed to a change in the land
use designation from residential to some form of commercial/industrial. However, the
prope-n ovvners have concerns with a change to R & D Research and Development
because of the limitations it may place on their ability to develop their property.
In addition, as noted above, the property owner of the western parcel within the triangular
area has expressed an interest in a mix of commercial and industrial uses for his property.
LEGAL ISSUES: The application under consideration at this time is for a Comprehensive
Guide Plan amendment only. However, it should be kept in mind that since the action
beim re ;;,ested deals v41th a change in a comprehensive plan, that Minnesota law requires
the City to bring its zoning into compliance with the change in the comprehensive plan
within nine months from the date of the change. Therefore, any zoning issues would have
to be preliminarily assessed at this time if a Comprehensive Guide Plan amendment is to
be effectuated. As to the affect of rezoning property beyond the study area boundaries,
much greater detail is needed in the findings justifying the reasons for rezoning those
parcels, since those areas were not originally contained within the Multi -Family Residential
Land Study. Moreover, additional information concerning recent history of the parcels
including the affects of assessments, if any, need to be evaluated prior to a legal opinion
from the City Attorney's Office.
As to Study Area E alone, the site has been levied assessments for storm sewer trunk
improvements at the multi -family rate. The rezoning of the property albeit to an increased
intensity, in this case Research and Development, needs to be reviewed in light of the
landowner's investment back expectations. Titus, if the landowner has significantly invested
in the R-4 use classification, a rezoning could lead to a taking despite the fact that the
property is rezoned to a higher use. Such a case of taking may in the end be moot if
damages cannot be proven, but the fact that a potential lawsuit may exist is important to
be kept in mind.
AMOK TO BE CO''SIDERED ON TMS ITEM: To recommend approval or denial of
a Cc..r: c' ersive Guide Plan amendment to change the land use designation of
arpr;:x'r ,L:el� 10- acres of land bounded by Lone Oak Road on the north, T.H. 55 on
the so: -.h. ar,6J the Eagan.'Irver Grove Heights common corporate boundaries from D -II
Affixed Residential (0 to 6 units per acre) to R & D Research & Development.
C'F7
XrLTI-PAMILY RESIDENTIAL LM STUDY
AREA £
GENERAL LOCATION:
SIZE:
202iING :
COMPREHENSIVE PLAN
LA.N-D VSE DESIGNATION:
EXISTING LAND USE:
ErRRO N`D: G LAND VSE,
ZONING, AN -D COMP PLAN
LAND VSE DESIGNATION:
TOPOGRAPHY:
Area E consists of one parcel
Between -Lone Oak Road and T.H. 55
along the eastern corporate
boundary, in the NE 1/4 of Section
12
25.5 acres
Area E is of sufficient size to
support a variety of development -
intensity options.
R-4
D -II
vacant
North -
vacant; zoned PD;
designated CPD
South -
"rural" residential;
zoned R-1 and A;
designated D -I
East -
(Inver Grove Heights)
"rural" residential;
zoned A; designated A
until sewer available,
then R -II (3-6
units/acre)
West -
"rural" residential;
zoned A; designated D -II
With the exception of the property
to the north, the surrounding
properties either have or propose
to have low -intensity uses. The
property to the north, however, is
designated for high-intensity uses.
As such, come type of transitional
use may be appropriate.
The site consists of rolling
terrain throughout, with low areas
adjacent to Highway 55.
- PAGE E.1 -
The topography of Area E should be
suitable for most development
intensities, although extensive
grading may be necessary for more -
intense development on the steeper
areas of the site.
VEGETATION: Area E contains scattered groupings
of dense vegetation throughout the
site, with most of the mature trees
on the northern part of the site.
Less -intense developments could be
sensitive to the existing
vegetation, although careful site
design of more -intense developments
may alleviate extensive removal of
the densely -vegetated areas. In
addition, landscaping requirements
for any proposed development may
mitigate the loss of existing
vegetation.
ACCESS: Area E has access to Lone Oak Road,
a MINOR ARTERIAL, and T.H. 55, an
INTERMEDIATE ARTERIAL.
Access ample to serve all
development intensities is
available, although direct land
access to T.H. 55 and Lone Oak Road
would be prohibited.
D?ILITIES: Sanitary sewer, storm sewer and
water service lines are not
currently located immediately
adjacent to Area E. However, this
area could potentially be served by
proposed lines nearby.
Utility service to Area E should
not be an issue, although extension
of services to this area would be
necessary prior to any type of
development.
AssEss*:EN'Ts: Area E has been assessed at multi-
family rates for storm sewer trunk
improvements.
SPECIAL CONSIDERATIONS: Area E is within Aircraft Noise
Zone IV as identified in the
- PAGE E.2 -
cP
�
Metropolitan Development Guide and
is likely impacted by aircraft
noise. Residential and certain
types of educational/cultural uses
are conditional or provisional uses
in Noise Zone IV. As such, these
types of development must comply
with specific standards imposed by
the Metropolitan Council, including
structure performance standards for
noise attenuation and restrictions
on associated outdoor activities.
Future occupants of development in
Area E should be informed of
potential aircraft noise.
In addition, Area E may receive
noticeable traffic noise from both
Highway 55 and Lone Oak Road.
Although the noise levels received
from these roadways may be not
consistently severe, development
design should be sensitive to
traffic noise generated by minor
and principal arterials.
PAGE E.3 -
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t�&L1.S,+i PAS 345 SAINT PETER STREET
-'MMcs07• SAINT PAUL, MINNESOTA 55102-1638
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TELECONEK (612) 224-4563
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April 6, 1990
Dale C. Runkle
Director of Community Development
City of Eagan
3830 Pilot Knob Road
Eagan, MN 85122-1897
SOLLY ROBINS
Re: Proposed Amendment to Eagan Comprehensive Guide Plan
and Proposed Re -Zoning of Area E
Dear Mr. Runkle:
Since my letter to you of February 7, 1990 concerning the above-
caFticned subject, I have obtained further detailed information
regarding the limitations on the land uses under the R&D/R-D
FroFcse� re -zoning for the triangle land which was the subject of
rr:y letter of February 7, 1990. With this information in mind, the
partners}ip of RES Investment Co. has come to the conclusion that
the prepose4- R&D/R-D development zoning would not be realistic to
acco,m,p i -ch the anticipated objectives of providing a practical
commercially planned development for that triangle of land.
We have come to this conclusion because we believe that the
zoning is more appropriate to larger tracks of land under
one ownership and that the entire neighborhood area would be
better served by the approach that John Voss contemplated in the
study made by your office and John Voss in April 1988 of the land
(Alternative 1112) within the triangle. We were under the
impression that the R&D/R-D zoning would be more consistent with
that type of approach than the approach we learned is contemplated
by the RSD/R-D present proposal.
Pursuant to the discussion I had with Kristy Marnin today, I now
wish to inform you that this letter will serve to document our
chanae of position for the record.
we are still supportive of a re -zoning for the entire triangle
which: would hermit commercial development uses for the triangle
mere in keeping with limited business uses and light industrial
-7s
Dale C. Runkle
April 6, 1990
Page Two
uses, John Voss Alternative N2, consistent with the obviously
changing character of the use of the land in recent years. We
sincerely believe that a R&D/R-D zoning as presently contemplated
would practically eliminate this triangle area from commercial use
consideration by prospective current buyers because of the
conficuration of the triangle and the many different landowners
involved.
TL- type of zoning that would blend limited business usage and
licht industrial uses compatible with the area would preserve the
present rate of orderly development in the area without denying
the owners economically viable use of their land.
It is our position, therefore, that adopting a less restrictive
zoning than R&D/R-D land use for the triangle would be a more
F--actical way of accomplishing both the city and the landowners'
aoals for the triangle.
We wish: to thank you in anticipation of your usual courtesy and
cot e:ation in resolving this matter to the betterment of the
com-.,.:-:ity anA the landowners involved.
Sincerel ,
So
lly bins
cr,/F,aU
CC : Yristy Marnin, Planner I
Howard Stacker
M. Rodney Effress
Page 10/EAGAN ADVISORY PLANNING COMY,:SSION MINITPES
August 30, 1990
All voted in favor except Member Gorman voting against.
Markley roved, Voracek seconded, the motion to recommend approval
of a rezoning of 16 acres from A (Agricultural) to R-2 (Duplex)
residential. The subject property being located on the west side of
Federal Drive along Violet Lane in the northeast quarter of Section
16. All voted in favor except Member Goruan voting against.
CITY OF ZAGAN - AREA E
IC7LTI-lA2:ILY RESIDENTIAL LAND STUDY
Cha:rr,an Graves opened the last public hearing for the evening
regarding a Comprehensive Guide Plan amendment to change the land use
designati:.n of approximately 105 acres from D -II to R & D, the
s:;tject property being bounded by Lone Oak Road, Highway 55 and the
eastern cc�rp:.rate bo-ndaries in the northeast and northwest quarter
of Se:ti=n i2 and being designated by the City as Multi -Family
Res:dentia_ Land Study Area E.
Yr -'sty Karnin provided background on the parcel and reviewed the
staff rer:rt with the Planning Co=,ission.
Stan r^ecarski, an ourner of a parcel within Area E, stated he
tarter: a s;.ater.ent notarized that his taxes would not go up due to
the C =;ra':ensive Guide Plan change. City Attorney Dougherty stated
that the Ccunty collected the taxes and that the taxes were based on
the use. He further stated that the Green Acres would continue to
art=y if the conditions were met. Mr. Pacarski asked if this was only
a Ccrr:ehensive Guide change or if this was a rezoning also. Chairman
Graves re!_ie4 that this was only a Compre.".ansive Guide change at
tris stage.
Solly PcbbIns, another owner within Area E, rescinded the Planning
Ccr=dssicn that if changes were,made to the Comprehensive Guide Plan,
that rezoning rust take place within nine months of the change. He
stated that his partnership owned 45 acres in the arra and had been
assessed on a D -II basis. He further stated that his parcels were not
contiguous. He stated that R i D use would be a quantum leap frog
D -II and was incorpatible with the property. He reviewed his
participation in the development to the north and further explained
that he felt Limited Industrial use mould be more appropriate as a
transitional use for this property. He concluded that the land
couldn't be easily marketed to an R & D buyer due to the
comfigu_aticn and location. Member - Kerkley asked what Light
Industria_ uses consisted of. Ms. Marnin described these uses.
Page II/EAGAh ADVISORY PLANNING COWISSION MINUTES
August 30, 1990
Marlo Illig, 540 Lone Oak, had concerns regarding his property
value upon rezoning.
Irvin Langer, 600 Lone Oak, stated he was concerned about the
homeowners. He said that Lone Oak would be upgraded with sewer and
water and that the rezoning would *rod* the property values and that
this was unfair. He stated his property was for sale.
Kathy Weinert agreed with Langer and asked for a clarification of
R t D uses. Chairman Graves the current Comprehensive Guide
classification.
Tike Gehr stated he represented Douglas Decoster, an owner in the
area. He presented a brief summary of a concept favoring Mixed
Conamercial Industrial ,and R 4 D uses. He proposed a Mixed Commercial
use east, and R & D use west, of a designated line.
Jercr..e Weinert, 610 Lone Oak, asked why the Comprehensive Guide
Plan was being changed if no current development was proposed. He
suggested that the problem be addressed when the developrents come
fort).-..
T:ari:yn La%ler, 510 Lone Oak, stated that City Hall was tasking
away : er r i ghts.
Willie Abott, 526 Lone Oak, again reg -jested clarification of R
D uses. T:s . Tsar n in read the perritted uses from the Code which
consist of the following:
I. R & D labs.
2. General offices.
3. Light manufacturing.
4. Agricultural uses.
S. Any combination of the previous four.
Mr. Illig asked if they would be noticed of any development in
the futuro. Chairman Graves replied that they would.
Hc_ly Koonan, 640 Lone Oak, asked what the present zoning
allowed. Cha rmrn Graves explained that the present zoning allowed
Duplex and R-4 uses. Ms. Koonan stated ahe preferred R & D to
Page 12/EAGAN ADVISORY PLANNING COMISSION MINUTES
August 30, 1990
Duplexes. Mir. Kaparski reiterated that he wanted to be protected from
rezoning.
Member Hoeft asked if Agricultural uses were allowed in an LI
zoning. City Attorney Dougherty stated that he would review the Code
but in any event, current uses would be grandfathered. Member Hoeft
asked if Light Industrial classification had been considered. Ms.
Marnin stated that it had and explained the process Whereby R & D was
settled on.
Member Voracek asked Ms. Lakler for clarification as to why she
felt her rights were being taken away. Ms. Lakler stated she had
lived in the area and emotionally invested in the property. She felt
she couldn't change the City's decision. Member Voracek stated that
the Planning Cormission's specific action wouldn't pr&vant general
developrent of the property in any event.
Chairman Graves asked Ms. Marnin for clarification as to why
Resde.-.tial was not appropriate. Ms. Marnin stated the traffic noise,
surrc.:r.ding land uses, and airport noise all led to the conclusion
that Residential uses were not appropriate.
Ke -be. Merk ey stated that this area would be better served if it
was nct guided for Residential 'uses and that R & D would buffer the
Residen:ial areas. He suggested that perhaps a portion of the western
part of Area E could be Cormercial.
Nenber Staehli asked if a D -II use would pass the Airport
Standards due to its location in the noise corridor. Ms. Marnin
stated she was unsure. Ms. Staehli reiterated that R & D use would be
prsferab'e and better for the residents. Member Gorman agreed and
suggested that Industrial uses wouldn't be precluded but that they
could be weighed at the time of development. Member Voracek had
concerns that the property would have to be rezoned within nine
months cf, the Comprehensive Guide plan amendment.
Merkley moved, Hoeft seconded, the motion to recommend approval
of a Conprehensive Guide Plan azendment to change the land use
designation of approximately 105 acres from D-11 (Mixed Residential -
0 to 6 units per acre) to R & D (Research and Development). The
subject property is bounded by Lone Oak Road, Highway 55 and the
eastern corporate boundaries in the northeast and northwest quarters
of Secticn 12. Approval was recommended for the following reasons:
1. Reduction of density in the area.
2. Traffic would be lessened with the resultant decrease in noise
an;: bc11'.:6.
Page 13jEAGAN ADVISORY PLANNING COM41SSION MINUTES
Aug.ast 30, 1990
3. R & D would provide a transition and buffer for the area.
4. R i D would be more appropriate duo to the airplane noise.
All voted in favor.
1DDITIONn ZTZXS
Member Graves moved, Voracek seconded, the motion to request that
the City Council review the trail location for Woodlands North and
cor.s'de: moving the trail from the east side of Elrene Road to the
Vest Side. All voted in favor.
ADJOURNMENT
Vcracek roved, Gorman, seconded, the motion to adjourn the August
28, 1990 Ad�•isory Planning Coamission meeting at 10:37 p.m. All voted
in f aver.
Secretary - Eagan Advisory
Planning Commission
r6i
M E M O R A N D U M
TO: Tom Hedges, City Administrator
FROM: Dale Runkle, Community Development Director
DATE: September 12, 1990
SUBJECT: City Council Agenda - September 18, 1990 Meeting
Request for Agenda Item Continuance
Study Area E
Based on action taken by the Advisory Planning Commission (APC) at
its August 28, 1990, meeting, Area E of the Multi -Family
Residential Land Study was scheduled for the September 18, 1990,
City Council meeting.
Since the APC meeting, several of the affected property owners have
contacted staff with numerous questions related to the
Cor.,prehensive Guide Plan amendment proposed for their properties.
These residents have requested a continuance of this item to allow
then, time to further research some of the issues involved in the
proposed change.
As such, I would suggest that action on Study Area E be continued
to the October 16, 1990, City Council meeting. If you have any
questions regarding this matter, please advise.
�l
MEMORANDUM
TO: Tom Hedges, City Administrator
FROM: Dale Runkle, Community Development Director
DATE: October 10, 1990
SUBJECT: Multi -Family Residential Land Study -
AREA E: Tax Questions
Area E of the Multi -Family Residential Land Study is scheduled for consideration at the
October 16, 1990 City Council meeting. The action to be considered will be whether to
amend the Comprehensive Land Use Guide Plan from D -II (Mixed Residential, 0 to 6
units per acre) to R&D (Research and Development).
Since the public hearing was held at the August 28, 1990, Advisory Planning Commission
meeting, 18 of the 21 property owners within Area E have submitted a letter to the CAN,
Council requesting the Comprehensive Land Use Guide Plan not be amended. One of
the main issues raised by these property owners was the impact that the proposed
amendment might have on their property values and taxes. These property owners
indicated that they intend to live in the area for some time, but may be forced to sell if
their taxes go up (as a result of the land use amendment).
The issue of
the impact of
Comprehensive Land Use
Guide Plan
amendments and
rezonings on
property values
and taxes has been raised
throughout
the public hearing
phase of the
Multi -Family
Residential Land Study.
As such,
staff met with a
representative
of the Dakota
County Assessor's Office
in order to
get some answers
regarding the
issue of property values and taxes.
According to Bill Peterson of the Assessor's Office, there is no definite rule -of -thumb for
determining the impact of a change in the land use designation or zoning of a property.
Each parcel is reviewed on a case-by-case basis. Generally, when a re -valuation of a
parcel is done, the assessor uses the Comprehensive Land Use Guide designation to aid
in determining the "highest and best use" of the parcel, and therefore its value. Many
other factors are also considered in calculating the parcel value, such as availability of
sewer and water, existing uses, surrounding uses, and marketability of the parcel. The
zoning of a parcel is not a major consideration in determining the value of a parcel.
Mr. Peterson indicated that every individual parcel is re -valued every 4 to 6 years, and that
each parcel in Eagan was re -valued within the last two years. Parcels are usually re-
valued only during this cyclical re -valuation. Generally, the County Assessor's Office is not
made aware of changes to the Comprehensive Land Use Guide Plan or zoning. As such.
Agenda Information Memo
October 16, 1990 City Council Meeting
RESOL-UrIgNAMMOPOLITAN SYSTEM PLANS
B. Resolution for Comprehensive Guide Plan Consistency with Metropolitan Systems
Plans The City Council's requested to approve a letter of transmittal and resolution
indicating the determination that an amendment to the Eagan Comprehensive Guide Plan
will not be necessary to insure conformity with Metropolitan Systems plans. For additional
information on this item, refer to a memo, a draft letter to the Chair at the Metropolitan
Council and a resolution affij g consister of the Eagan Comprehensive Guide Plan
as referenced on pages , through , S
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize a letter of transmittal
and resolution indicating the determination that an amendment to the Eagan
Comprehensive Guide Plan will not be necessary to insure conformity with Metropolitan
Systems plans.
a Iand use plan amendment does not ordinarily impact the value of a parcel at least until
the cyclical re -valuation takes place.
With regard to Area E specifically, Mr. Peterson indicated that a change in the
Comprehensive Land Use Guide Plan designation to R&D (Research and Development)
has the potential to change the value of the affected parcels. However, he indicated that
several other factors, such as the unavailability of sewer and water to the parcels and the
abundance of vacant commercial land immediately north of the area, would be considered,
which may lead to no change in the value of the affected parcels. In other words, all
factors considered, when the parcels in Area E are re -valued, the "highest and best use"
at that time may still be considered residential, regardless of the land use designation, and
therefore the valuation may not be raised.
Also, Mr. Peterson noted that it should be kept in mind that property taxes can increase,
even if the property value remains unchanged or decreases, as a result of tax credit
changes, bond referendums, etc.
In summary, the impact of a change in the Comprehensive Land Use Guide Plan on
property valuation can only be determined on a case-by-case basis. Changes to the land
use plan would ordinarily be reviewed only during the cyclical re -valuation, therefore the
impact of such changes on property valuation (if any) may be several years in coming.
Many other factors are considered, in addition to the land use designation, in determining
the "highest and best use" of a property, and therefore its value. Property values may
remain unchanged or decrease, but property taxes can still increase.
If you have any questions regarding this issue, please advise.
DCR:kcm
2
MEMORANDUM
TO: Tom Hedges, City Administrator
FROM: Kristy Marnin, Planner I jet y --,
DATE: October 9, 1990
SUBJECT: City Council Agenda Item - October 16, 1990 Meeting
Resolution Re: Comprehensive Guide Plan Consistency with Metropolitan
System Plans
The City Council is requested to approve a letter of transmittal and resolution indicating
the determination that an amendment to the Eagan Comprehensive Guide Plan will not
be necessary to ensure conformity with metropolitan system plans. A copy of the letter
and resolution is attached.
The City received the Metropolitan Council's annual statement of changes to metropolitan
system policy plans in May 1990. This statement indicated that the Metropolitan Council
had adopted a new Aviation Policy Plan and had amended the light rail transit section
of the Transportation Development Guide/Policy Plan. The statutes governing
metropolitan land planning require local governmental units to review their comprehensive
plan within nine months after receiving a system statement to determine if an amendment
is necessary to ensure continued conformity with metropolitan system plans.
Staff review of the new and amended policy plans has indicated that the Eagan
Comprehensive Guide Plan is basically consistent with the changes in the metropolitan
system plans. As such, an amendment to the Comprehensive Guide Plan will not be
necessary.
If you have any questions regarding this matter, please advise.
cc: Dale Runkle
Jim Sturm
Jon Hohenstein
L
3830 PILOT KNOB ROAD
EAGAN, M NNES0 A H22-',897
PHONE (62,454-610C
FAX (612; 454.6363
October 17, 1990
Steve Keefe, Chair
Metropolitan Council
Mears Park Centre
230 East 5th Street
St. Paul, Minnesota 55101
Dear Chair Keefe:
THOMAS EGAN
W VO,
DAVID K GUSTAFSON
PAMELA WCRFA
TIM PAWLENTY
THEODORE WAC -:EP
Council Wrnbe•s
THOMAS HEDGES
Cay Adminisr,mr
EUGENE VAN OVEREIEKE
Crty Cim
The City of Eagan has reviewed the Metropolitan Council's annual
Metropolitan Systems Statement, received in May 1990. This
statement indicated that the Metropolitan Council had adopted a new
Aviation Policy Plan and had amended the light rail transit section
of the Transportation Development Guide/Policy Plan.
In our review, we have determined that the Eagan Comprehensive
Guide Plan is consistent with the changes to metropolitan system
policy plans as noted in the Systems Statement. As such, an
amendment to the Eagan Comprehensive Guide Plan to ensure continued
conformity with metropolitan system plans will not be necessary as
a result of this year's Metropolitan Systems Statement. A copy of
the adopted resolution regarding this determination is enclosed.
If you have questions regarding this matter, please call Kristy
Marnin, Planner I, at 454-8100.
Sincerely,
Thomas A. Egan
Mayor
kcm
cc: Margaret Schreiner
Enclosure
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affir ti Aad P) Employer
RESOLUTION NO. 90-
A RESOLUTION AFFIRMING CONSISTENCY OF THE
EAGAN COMPREHENSIVE GUIDE PLAN WITH
METROPOLITAN SYSTEM PLANS
THEREBY NEGATING THE NEED FOR A COMPREHENSIVE PLAN AMENDMENT
WHEREAS, the City Council of the City of Eagan is the official
governing body of the City of Eagan; and
WHEREAS, the City Council of the City of Eagan adopted the
Comprehensive Guide Plan on April 19, 1983, pursuant to the
requirements of Minnesota Statues Section 473.858; and
WHEREAS, the Metropolitan Council transmitted its annual
statement of changes in the metropolitan system policy plans on May
25, 1990; and
WHEREAS, this statement indicated that the Metropolitan
Council had adopted a new Aviation Policy Plan and amended the
light rail transit section of the Transportation Development
Guide/Policy Plan; and
WHEREAS, the City has determined that the Eagan Comprehensive
Guide Plan is consistent with the changes in the Aviation Policy
Plan and light rail transit section of the Transportation
Development Guide/Policy Plan, and as such an amendment to the
Eagan Comprehensive Guide Plan is not necessary;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EAGAN IN REGULAR MEETING ASSEMBLED, that the City Council
hereby resolves as follows:
1. The Eagan Comprehensive Guide Plan is consistent with
the changes in the Aviation Policy Plan and light rail
transit section of the Transportation Development
Guide/Policy Plan, and as such an amendment to the Eagan
Comprehensive Guide Plan to ensure conformity with the
k7
aforementioned policy plans is not necessary.
THIS RESOLUTION passed this day of
by the City Council of the City of Eagan, Minnesota.
BY:
Thomas A. Egan, Mayor
ATTEST:
E.J. VanOverbeke, City Clerk
, 1990
Agenda Information Memo
October 16, 1990 City Council Meeting
SPECIAL HUNTING PE9M1TlJERRY THOMAS
C. Special Hunting Permit, Jerry Thomas—An application was received from Jerry Thomas
requesting a special permit for deer hunting with bow and arrow for the remainder of
October through December 31 on property that he owns and the John Brown farm that
he leases adjacent to his property. Mr. Thomas is also requesting authorization to Subd.
4 of Chapter 10 that would allow the hunting of geese. This action requires the Council
to tablish this special hunt for purposes of wildlife management. Enclosed on page
is a copy of a letter that was sent by Mr. Thomas requesting the special hunting
license.
ACTION TO BE CONSIDERED ON THIS.rI'EM: To approve or deny a request by
Jerry Thomas for a 'special hunting permit for property owned by Mr. Thomas and
adjacent property the Diamond T Ranch leases from John Brown for bow hunting of deer
for the remainder of October through December 31, 1990 and use of a firearm for
purposes of wildlife management.
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4889 pilot knob Rd.
EAGAN MPJ. 55122
(6 12) 454.1454
DIAMOND T RANCH INC.
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Agenda Information Memo
October 16, 1990 City Council Meeting
SPECIAL HUNTING PERMIT ONALD CORNWELL
D. Special Hunting Permit, Ronald G. Cornwell—An . application was received from
Ronald Cornwell requesting a special permit for deer hunting with bow and arrow for the
remainder of October through December 31 for roperty he owns at the NE quadrant of
I -35E and Diffley Road. Enclosed on page, &is a copy of a letter sent by Mr.
Cornwell that includes the names of the people or it to be authorized for hunting on his
property.
ACTION TO BE CONSIDERED ON THIS I'T'EM: To approve or deny a request by
Ronald Cornwell for a special hunting permit for property he owns for bow hunting of
deer for the remainder of October through December 31, 1990.
R
/
Ronald G. Cornwell
Bieter Company
5200 Willson Road, Suite 201
Minneapolis, MN 55424
October 4, 1990
Mayor Thomas Egan & City Council
Cite of Eagan
3830 Pilot Knob Road
Eagan, MIN 55122
Dear Mayor Egan & Council Members:
I am the ou.-ner of 92 acres located at 35E and Diffley and would
like to request a special permit for a party of four to hunt the
property for deer during the Bow and Arrow season which opened
September 15 and goes into December.
The names of the people in the party are: Darrell Hyndman, Ralph
Freudenberg, Judy Freudenberg and Curtis Freudenberg. Their vehicle
license numbers are PGC 507, 189 ATM, 357 ATG.
Please send the permit to me at the address above.
Very truly yours,
Ronald G. Cornwell
RGC/pms
Agenda Information Memo
October 16, 1990 City Council Meeting
SPECIAL USE PERMITIPEACE REFORMED CHURCH
SALE OF CBRLSTMAS TREES
E. Special Use Permit, Peace Reformed Church to Allow the Temporary Sale of
Christmas Trees, Located in the NW 1/4 of Section 30—A special use permit application
was submitted by Peace Reform Church to allow the temporary sale of Christmas trees
beginning November 24, 1990. For additional information on this ite r fer to a copy
of a report prepared by Community Development enclosed on page 071.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use
permit to allow the temporary sale of Christmas trees by Peace Reform Church beginning
November 20, 1990.
q3
SUBJECT: SPECIAL USE PERMIT
APPLICANT: PEACE REFORMED CHURCH
LOCATION: 2180 GLORY DRIVE
EXISTING ZONING: PF (PUBLIC FACILITIES)
DATE OF PUBLIC HEARING: OCTOBER 16, 1990
DATE OF REPORT: OCTOBER 9, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a Special Use
Permit to allow the temporary sale of Christmas trees beginning November 24, 1990.
COMMENTS: The applicant Aishes to operate a temporary Christmas tree sales as a
church fund raiser. The proposal includes fencing in a tree sales area of approximately 150'
x 150' just east of the existing church parking lot. Tree sales will take place from November
24, 1990 through December 20, 1990. The operation will run seven days a week and will not
be open past 9:00 p.m.
If approved, this Special Use Permit shall be subject to the following:
1. The permit is temporary and shall expire December 20, 1990.
2. All applicable Code requirements.
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Agenda Information Memo
October lb, 1990 City Council Meeting
SPECIAL USE PERMITIKNOB HILL PROFESSIONAL PARK
SALE OF CHRIMILAS TREES
F. Special Use Permit, Bill Brabec, to Allow the Temporary Sale of Christmas Trees, Lot
12, Block 1, Knob Hill Professional Park—A special use permit application was submitted
by Bill Brabec requesting approval to allow temporary Christmas tree sales at the NW
corner of Knob Drive and Pilot Knob Road.
For additional information on this item and a location mak, please refer to the report
prepared by Community Development enclosed on pages through
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a special use
permit application for Bill Brabec to allow temporary Christmas tree sales at the NW
corner of Knob Hill and Pilot Knob Road.
CITY OF EAGAN
SUBJECT: SPECIAL USE PERMIT
APPLICANT: BILL BRABEC
LOCATION: LOT 12, BLK 1, KNOB HILL PROFESSIONAL PARK
EXISTING ZONING: LB (LII*IMD BUSINESS)
DATE OF PUBLIC HEARING: OCTOBER 16, 1990
DATE OF REPORT: OCTOBER 4, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting a Special Use
Permit to allow temporary Christmas tree sales at the northwest corner of Knob Drive and
Pilot Knob Road.
CO'NIME'\TS: The applicant, Bill Brabec, has sold Christmas trees for the past several
years in the City of Apple Valley and would now like to sell in Eagan. Mr. Brabec
intends to set up the operation during the week of November 19, 1990 and will commence
sales of the Christmas trees on November 23, 1990. Hours of operation are:
Monday through Friday 1:00 PM - 9:00 PM
Saturday 9:00 AM - 9:00 PM
Sunday 10:00 AM - 9:00 PM
The applicant will be cutting and raking the weeds on the lot and placing a 100' x 100'
snow fence around the trees. A 5' x 6' building will be placed on-site to be used as the
sales office. Seven 300 -watt halogen light fixtures will be used to illuminate the tree lot
at night. None of the lights will be facing Pilot Knob Road. Signage for the lot is taken
care of by a 3' x 8' sign which reads "Fresh Christmas Trees." Parking is provided on the
west portion of the site and on the private drive. The applicant expects to have between
400 and 500 trees in stock.
Sales will run through December 23, 1990. Following this date, the applicant is proposing
a Christmas tree recycling program whereby persons who purchase a Christmas tree at his
lot will receive a ticket or coupon to bring the tree back to the lot to be chipped.
Landfills are beginning to not accept trees and the applicant believes this may be a
possible solution.
0
If approved, this Special Use Permit shall be subject to the following conditions.
1. This Special Use Permit is temporary and shall be valid from November 19, 1990 to
January 11, 1991.
2. No parking shall be permitted on Pilot Knob Road.
3. The lighting shall not shine directly onto Pilot Knob Road.
4. All other applicable code requirements shall be met.
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Agenda Information Memo
October 16, 1990 City Council Meeting
VARIANC"FJJOHN VAUGHN
G. Variance, John Vaughn/1670 Mallard Drive, for 3' to Previously Approved Variance
of 13' to the Established side Yard Setback of 38' from Public Right of Way—Mr. John
Vaughn of 1670 Mallard Drive, Lot 9, Block 2, Mallard Park 2nd. Addition, is. requesting
a variance of three additional feet to the previously approved variance of 13' to the
established side yard setback of 38' from public right of way. For additional information
on this item which includes the original variance approval that occurred on Au st 7, 1990,
refer to a report prepared by Community Development enclosed on pages through
10)�-
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a variance for
an additional three feet to the previously approved variance of 13' to the established side
yard setback of 38' from public right of way for John Vaughn/1670 Mallard Drive.
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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: OCTOBER 16, 1990
DATE OF REPORT: OCTOBER 3, 1990
COMPILED BY: COMA'fUNITY DEVELOPMENT DEPARTMENT
APPLICATION SU11INIARY: An application has been submitted requesting a Variance of
three additional feet to the previously -approved Variance of 13' to the established side yard
setback of 3S' from public right-of-way.
BACKGROUND: On August 7, 1990 the applicant was granted approval for a Variance of
1 V to his side vard setback in order to add an additional garage stall to his existing two -car
garaee. Since that time, Mr. Vaughn has decided that an additional 3' Variance is necessary.
CONINIENTS: The site in question is located at the southeast corner of Johnny Cake Ridge
Road and Mallard Drive. Mr. Vaughn's initial Variance request of 13' was arrived at when
lie measured the absolute minimum width that would allow him to back a boat trailer into
the ne«, garage stall. This situation will provide Mr. Vaughn a 6" cushion from his trailer
wheels on either side. Therefore, Mr. Vaughn is seeking an additional 3' Variance to ease
leading and unloading maneuvers in his third garage stall.
li approved, this Variance shall be subject to the following:
The building expansion/addition shall match the materials and appearance of the
existing structure.
All applicable City Ordinances.
Variance Request
fr,on. It Mai• Concern,
I am making another request concerning the Variance that
I asked for previously, and that is to have an extension added
to the variance that was granted by the city council members.
I reluctantly do this but two major considerations make it
necessary for me to re -approach the city council.
I originally was told by my* contractor that he needed 16 feet
to properly construct a useful garage addion that was both
functional and attractive. I was informed that when applying
for a variance, the greater the amount asked for the greater
t e chances of being denied. Because my need for a garage stall
was so acute, I measured the absolute minimum that I could live
w2 t-'-, and still back a boat trailer into it. As it turns out, I
will have C inches to spare per side on the wheels of my trailer
as a 1C fo t door is all I can install in a 13 foot addition.
At. -he city council meeting I was pleasantly surprised by
relative ease at which my variance passed. After the fact
1
-eEretted not asking for a bit more footage to make the addition
rot. cuite so restrictive on space. I dare say that in approving
ori t:r.al : e ;nest that the council would not have had much
hesitance a:�'rov_ng +:^e ertire sixteen feet as this would most
rot �e a significant visual change but would make a
s_gr.i_i_art change in the utility of the addition to me as the
I reluctartly opposed approaching the city again for fear hat
I _ a 7 Tear greedy and frankly did not want to hassle witri another
V_r_arce re::-,�est..* that was until my contractor submitted a bid
t; -;a- v;a twice as much as the original "off the cuff" figure. I
asf.e contractor what the additional 3 feet would cost and it
' - -ale: an a;uiti
Jr_onal 450 dollars over the 12500 original tid.
�
lY c -:-.e_ words the extra cost for the extra 3 feet is negligible,
-..e extra 3 feet would keep me from having to thread the
nee: e each t; -e I backedmy boat 'on the trailer into the garage.
::s is a selfish request but for a very small extra cost to
ne ani I believe an insignifcant difference to the sightlines
of tris project considering the practical nature -of the widened
taraze door I felt I must reapproach the city and ask the council
tc ccrs:er this request.
Respectfully,
/T'1:7n S. Vaughn
1670 Mallard Drive
Eagan, Mn. 55122
Agenda Information Memo
October 16, 1990 City Council Meeting
H. Preliminary Plat for Heller Addition, Consisting of a Four Lot Subdivision of
Approximately 2.6 Acres of R -1—A public hearing was held by the Advisory Planning
Commission at their last regular meeting held on September 25, 1990, to consider a
preliminary plat application submitted by Phillip and Valerie Heller for the Heller
Addition. The APC is recommending approval.
One neighbor was present and stated that she had no objections to the plan that was
proposed. Please note that three (3) conditions were added to the original conditions by
the APC and those are as follows:
3. All well and septic systems shall be abandoned according to City specifications.
4. All lots will be required to connect with City sewer and water.
5. The driveway for Lot 2 shall be reconstructed so as to be on that lot only.
Public Works Engineering is suggesting that the City add a condition to the preliminary
plat that would require the Hellers to waive any right to object to the assessments
associated with City Project #543, Sibley Hills Drive and Skyline Road. The
recommendation for this condition was added after the APC meeting. The City has
ongoing litigation with the Hellers regarding condemnation for Skyline Drive and in the
condemnation action, the City has taken possession of the easements required for the
construction of the City project and the parties are going forward to determine the
appropriate award for damages to the Hellers. One major concern having to deal with
a City project is with the levying of the special assessments against the Heller property for
the benefit received. It is the recommendation of staff that since the Hellers are now in
the process of platting the property and taking advantage of the utilities and streets as
installed by the City that a condition to the preliminary plat for Heller Addition require
that the Hellers waive any right to object to the assessments associated with City Project.
#543.
For a copy of the Advisory Parks a d Rocreation Commission recommendations, refer to
the attachment enclosed on page
For a copy of the report prepared by Community Development, refer to pages
through 4 -3 -
For a copy of the APC minutes on this item, refer to pages Wand
ACTION TO BE CONSIDERED ON THIS TI'EM: To approve or deny the preliminary
plat for Heller Addition, consisting of a four lot subdivision of approximately 2.6 acres of
R-1 with those conditions as modified.
X03
I„iM,• C s MlR UVI
TO: TOM HEDGES, CTrY AD TOR
FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION
DATE: NOVEMBER 10, 1990
The Advisory Parks and Recreation Commission reviewed the above referenced proposal
at its October 4, 1990 meeting and made the following recommendations:
1. That Lots 1, 3 and 4 be subject to a cash parkland dedication.
I That Lots 1, 3 and 4 be subject to a cash trailway dedication.
KV:cm
cc: Ed Kirscht, Engineering Technician
Marilyn Wucherpfennig, Planning Aide
SUBJECT: PRELIMINARY PLAT
APPLICANT: PHILLIP & VALERIE HELLER
LOCATION: NE CORNER OF SKYLINE DRIVE & SKYLINE
ROAD (LOT 12, TREFFLE ACRES)
EXISTING ZONING: R-1 (SINGLE FAMILY RESIDENTIAL)
DATE OF PUBLIC HEARING: SEPTEMBER 25, 1990
DATE OF REPORT: SEPTEMBER 19, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATIO'\ SUMNIARY: An application has been submitted requested a Preliminary
Plat consisting of a four lot subdivision of approximately 2.6 acres. The site is located
north and east from the Prettyman Heights Addition.
BACKGROUND: This 2.6 acre parcel is part of the Treffle Acres Addition. The
proposed Single Family Residential development is consistent with the existing zoning, as
well as the Land Use Guide Plan which calls for D-1 Single Family with a density of 0-
3 units per acre.
Eh0STING CONDITIONS: The site in question currently has only the house of the
applicant's located in the southwest portion of the site which will be on Lot 2 of the
subdivision. The rest of the site is in a natural state with a rolling topography and a few
trees scattered throughout.
SITE PLAN: The site is served by both Skyline Road on the south and Skyline Drive on
the west. The lots vary in size from 22,800 sq. ft. to 34,200 sq. ft. The average lot size
is 28.848 sq. ft. and the minimum lot width and frontage is 90 ft. The density of the
project is 1.5 lots per acre.
hof
GRADINGZDRAINAGE/ EROSION CONTRQL: The preliminary grading plan
proposes a minimal amount of grading to provide house pads for the
three buildable lots. The maximum fill is proposed to be 7' and
the maximum cut is 21. The drainage from the lots in the front
yards is proposed to go to the street and the drainage in the
backyard area of the lots is proposed to drain northwesterly, as
it currently does.
Before any grading of the lots is to occur, silt fencing shall be
placed to control erosion along the backyards. Also, the
development will be responsible for preparing an erosion control
plan to be submitted to the City for review and approval and the
developer will be responsible for installing and maintaining
erosion control measures in accordance with the City's
Erosion/Sediment Control Manual Standards.
WATER QUALITY: The proposed development is located in the
upstream end of Subdistrict H-5 in District H as shown in the
City's Storm Water Management Plan. The Minnesota River is the
direct and final outlet for this district. The development is
subject to a cash dedication in accordance with the City's
Comprehensive Water Quality Management Plan based on areas
identified on the Final Plat/Development Plan. The cash dedication
is estimated at $1,588,.but subject to revision.
UTILITIES: Sanitary sewer service for the single family
residential lots is readily available from an existing 8" sanitary
sewer on Skyline Road. Adequate services have been provided to the
proposed lots from City Project #543R and from the Prettyman
Heights development to the west.
water main service is also readily available to serve the proposed
lots from the existing 6" water main along Skyline Road.
Individual water services have also been provided to each lot. The
water system in this area is in the intermediate level pressure
zone. Therefore, houses with first floor elevations at 875 and
lower will require pressure reducing valves. Adequate hydrants
have been provided around the site to meet minimum fire protection
requirements.
All existing wells and septic systems on this site shall be plugged
and abandoned according to the Department of Health and City
requirements.
All lots will be required to connect to City sewer and water.
STREETS/ACCESS/CIRCULATION: Street access has been provided to
this development with the upgrading of Skyline Road to a 34' wide
street with concrete curb and gutter under City Project #543R.
Traffic circulation can now travel to Pilot Knob Road to the east
or to Trunk Highway #13 to the west.
The driveway for Lot 2 shall be reconstructed to shift the driveway
so it is completely on Lot 2.
�o�
EASEMENTS/RIGHT-OF-iWAY/PERMITS: Sufficient drainage and utility
easements shall be dedicated along the proposed lot lines. Skyline
Road along the west and south side of the proposed development
currently has 601 of right-of-way which is adequate for the 32'
wide street.
This development shall be responsible for ensuring that all
regulatory agency permits are acquired prior to final plat
approval.
FINANCIAL OBLIGA'T'ION - IM1.ER ADDITION
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 e)asting 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
San. Sewer Trunk 10 S.F. $690/Lot 3 Lots
$2,070
Water Trunk 14 S.F. $695/Lot 3 Lots
2.085
TOTAL
$4,155
NOTE: This parcel has a pending assessment of $37,868 related to Project 543, Sibley
Hills Drive and Skyline Road, street and utility improvements.
HELLER ADDITION CONDITIONS:
1. These standard conditions of plat approval as adopted by Council action on July
10, 1990 shall be complied with:
Al, 131, 131, B3, C2, E1, F1, G1 and H1
2. The development is subject to a cash dedication fee in accordance with the City's
Comprehensive Water Quality Management Plan.
STANDARD CONDITIONS OF PLAT APPROVAL
A. Finapeial 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 -W&_
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.
�o�
STkNDARD 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 Improv meets
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
I. This development shall fulfill its parks dedication
req,;irenents as recommended by the Advisory Parks and
Recreation Corsnission and approved by Council action.
G. water Ouality 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. 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
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City Council
September 15, 1987
July 10, 1990
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PRELIMINARY PLAT SITE PLAN
GRADING, DRAINAGE a EROSION CONTROL PLAN
HELLER ADDITION SATHRE-SERGOUIST. INC.
PHIL & VALERIE HELLER
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PRELIMINARY PLAT SITE PLAN
GRADING, DRAINAGE a EROSION CONTROL PLAN
HELLER ADDITION SATHRE-SERGOUIST. INC.
PHIL & VALERIE HELLER
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FINANCIAL OBLIGATION
SANITARY SEWER TRUNK
3 LOTS
WATER TRUNK
PRELIMINARY PLAI SITE PLAN
GRADING.ORAINAG.F. & EROSION CONTROL PLAN
HELLER ADDITION w SATMAE-SERGOUIST. INC.
PHIL A VALERIE HELLER t
Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES
September 25, 1990
4. The developer will be required to upgrade the parking lot to
current City standards and to convey all surface was runoff from the
new parking lot improvements to the City storm sewer.
All voted in favor.
PRELIMINATY PLAT - KELLER ADDITION
Chairman Graves opened the next public hearing for the evening
regarding a preliminary plat consisting of a four lot subdivision of
approximately 2.6 acres of R-1 (Single Family) Residential zoned land
north of Skyline Road in the Southeast Quarter of Section 4.
City Planner Jim Sturm presented the staff report to the Planning
Commission.
Valerie Heller, 1475 Skyline Drive, (owner) briefly described the
project and stated that the assessments were forcing development.
Chickie Broman had questions regarding easement restrictions.
Assistant City Engineer Mike Foertsch explained the restrictions.
Member Merkley said that it looked like a fine development and
requested that three additional conditions be added as referenced in
the staff report.
Member Voracek had questions regarding building pad compaction.
There was more discussion concerning soil stability and developer
liability for inadequate building pads. Member Voracek stated that he
was concerned with future purchasers. He then asked if there would be
any extra standards required of the homes as they were in the flight
pattern of the airport. City Planner Sturm stated that these extra
standards were only required in multi -residential units.
Miller moved, Trygg seconded, the motion to approve a preliminary
plat consisting of a four lot subdivision of approximately 2.6 acres
of R-1 (Single Family) Residential zoned land north of Skyline Road
in the Southeast Quarter of Section 4, 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, Bl, B2,
B3, C2, El, F1, G1 and H1.
Agenda Information Memo
October 16, 1990 City Council Meeting
WAIVER OF PLATICTI'Y OF EAGAN
L Waiver of Plat, City of Eagan, in Order to Split Tax Parcel 10402200-010-02 and a
Rezoning of Approximately Four AG Acres to a PF District—A hearing was held by the
Advisory Planning Commission at their last regular meeting held on September 25, to
consider the waiver of plat and rezoning of the McCarthy property to a public facilities
district. Both applications were considered and recommended for approval. It was also
determined that a comprehensive guide plan amendment will be necessary and that
application will be processed through the APC at their October meeting.
For a cop of the report prepared by Community Development, refer to pages i
through .
Enclosed on pageis a copy of the minutes from the September 25 Advisory
Planning Commission meeting.
Typically, a comprehensive guide plan amendment precedes a zoning action or any other
applications, however, in order to escape property taxes for 1991 on the parcel, this action
is required.
It is suggested that the rezoning and waiver of plat be acted upon subject to a
recommendation for approval for the comprehensive guide plan amendment by the APC
at their October 23 meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a rezoning from
AG to PF and a waiver of plat in order to split tax parcel 10-02200-010-02 subject to a
favorable action by the Advisory Planning Commission for the comprehensive guide plan
amendment at their next regular meeting to be held on October 23.
I �
Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES
September 25, 1990
2. The development is subject to a cash dedication fee in
accordance with the City's Comprehensive Water Quality Management
Plan.
3. All existing wells and septic systems on the site shall be
plugged and abandoned according to the Department of Health and City
requirements.
4. All lots will be required to connect with City sewer and
water.
5. The driveway for Lot 2 shall be reconstructed to shift the
driveway so it is completely on Lot 2.
All voted in favor.
WAIVER OF PLAT AND REZONING - CITY OF RAGAN
Chairman Graves opened the final public hearing for the evening
regarding a waiver of plat in order to split a tax parcel and a
rezoning of approximately four agricultural acres to a public
facilities district, located along the west side of Lexington Avenue
in the East One -Half of Section 22.
City Planner Sturm reviewed the staff report with the Planning
Commission.
Chairman Graves asked when the City acquired this property. City
Attorney Dougherty stated that acquisition had taken place within the
last month or two and that this action was necessary in order to
avoid paying taxes for the second half of the year.
Voracek moved, Merkley seconded, the motion to approve a waiver
of plat in order to split tax parcel 10-02200-010-02. All voted in
favor.
Voracek moved, Miller seconded, the motion to approve a rezoning
of approximately four AG (Agricultural) acres to a PF (Public
Facilities) district, located along the west side of Lexington avenue
in the East One -Half of Section 22. All voted in favor.
Miller moved, Voracek seconded, the motion to adjourn the
September 25, 1990 Advisory Planning Commission meeting at 8:20 p.m.
All voted in favor.
Irretary-Eagan Advisory Planning
Commission
SUBJECT: WAIVER OF PLAT, REZONING
APPLICANT: CITY OF EAGAN
LOCATION: SE 1/4 SECTION 22
EXISTING ZONING: AG (AGRICULTURAL)
DATE OF PUBLIC HEARING: SEPTEMBER 25, 1990
DATE OF REPORT: SEPTEMBER 20, 1990
COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION SUMMARY: An application is being processed by the City of Eagan to
split the tax parcel of an approximately four acre Agriculturally -zoned parcel located along
the east side of Lexington Avenue, just south of Advent Methodist Church. The City
acquired the property from Lillian McCarthy and during the process, it was agreed upon
that she would be proAded with life estate allowing her to stay in the home. She would
be responsible for the maintenance of the property and the taxes. To split the tax parcel,
the Waiver of Plat process is necessary.
Rezoning to a Public Facilities district should be acted on as soon as possible since the
City owns the entire property. The Comprehensive Plan designates the area D-1 Single
Family (0-3 units per acre), Therefore an Amendment to that plan will be necessary and
staff will prepare the legal notices so the public hearing can be held before the Advisory
Planning Commission in October. If approved, the Waiver of Plat shall be subject to
recording with the County within 60 days of Council action.
I I?
FINANCIAL OBLIGATION - WA VER OF PLAT - 1 Q-027.00✓D 10-02
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
None $0
LOCATION
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East line of E1/2 of
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I herb, de•idr Met this rYn,e,, alert a Aeon fie{
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Page G!EAGAN ADVISORY PLANNING COMMISSION MINUTES
September 25, 1990
2. The development is subject to a cash dedication fee in
accordance with the City's Comprehensive Water Quality Management
Plan.
3. All existing wells and septic systems on the site shall be
plugged and abandoned according to the Department of Health and City
requirements.
4. All lots will be required to connect with City sewer and
water.
5. The driveway for Lot 2 shall be reconstructed to shift the
driveway so it is completely on Lot 2.
All voted in favor.
WAIVER OF PLAT AND REZONING - CITY OF RAGAN
Chairman Graves opened the final public hearing for the evening
regarding a waiver of plat in order to split a tax parcel and a
rezoning of approximately four agricultural acres to a public
facilities district, located along the west side of Lexington Avenue
in the East One -Half of Section 22.
City Planner Sturm reviewed the staff report with the Planning
Commission.
Chairman Graves asked when the City acquired this property. City
Attorney Dougherty stated that acquisition had taken place within the
last month or two and that this action was necessary in order to
avoid paying taxes for the second half of the year.
Voracek moved, Merkley seconded, the motion to approve a waiver
of plat in order to split tax parcel 10-02200-010-02. All voted in
favor.
Voracek moved, Miller seconded, the motion to approve a rezoning
of approximately four AG (Agricultural) acres to a PF (Public
Facilities) district, located along the west side of Lexington avenue
in the East One -Half of Section 22. All voted in favor.
QVIX Met X11, 0.4 I'M
Miller moved, Voracek seconded, the motion to adjourn the
September 25, 1990 Advisory Planning Commission meeting at 8:20 p.m.
All voted in favor.
Sec etary-Eagan Advisory Planning
Commission
Agenda Information Memo
October 16, 1990, City Council Meeting
RECEIVE BIDS/AWARD CONTRACT (STAFFORD PLACE)
j. Contract 90-14, Receive Bids/Award Contract (Stafford Place - Drainage
Improvements)At10:30 a.m., on Friday, October 12, formal bids were received for the
drainage improvements proposed within the Stafford Place development. Enclosed on
page is a tabulation of the bids received with a comparison of the low bid to the
estimate contained in the feasibility report presented to the City Council on August 21,
1990. All bids will be reviewed for accuracy and compliance with bid specification
documents and any deviations will be noted and discussed at the Council meeting.
When this project was approved by Council action on August 21, it was stated that it
would require the cooperation of many of the residents within the Stafford Place if the
City were to proceed with these drainage improvements. Subsequently, there have been
numerous neighborhood informational meetings both at City Hall and at the affected
residents' property to review the concept and detailed plans and explain how it may affect
their property. 'These meetings were held in late afternoon, early evening and some even
on Friday evenings to accommodate the residents' schedules. As a result of these
neighborhood meetings, individual property owners' specific concerns were taken into
account and the final plans were modified (berms lowered, ponding areas reduced,
restoration areas increased, etc.). Once the detailed plans were approved by Council
action on September 18, formal easement descriptions and rights -of -entry documents were
prepared by the City Attorney's Office and then presented to all of the affected property
owners requesting their concurrence and consent to allow the City to proceed with this
project to help this neighborhood. It was explained that the City cannot award a contract
and allow the work to be completed this fall without 100% cooperation from all affected
property owners.
Enclosed on pages ` through is a summaryfrom the City Attorney's Office
indicating that of the 19 property owners needed to cooperate in this project, only 5 have
formally consented to allowing the City to proceed with this project. On page is a
map showing the relationship of those property owners within the Stafford Place
improvement area.
As can be seen from several of the comments, many property owners want to receive
compensation for their consent or are requiring additional work beyond the scope of the
project. Due to the sensitivity with the estimated costs of these drainage improvements,
staff has continually informed these property owners that this project is for the benefit of
the neighborhood and, as such, it was felt inappropriate to compensate some property
owners and not others.
Based on the staff's inability to obtain the necessary concurrence from the affected
property owners, the following options should be evaluated on their own merits:
/a�
Agenda Information Memo
October 16, 1990, City Council Meeting
1. Reject the bids and delay the project until such time as 100% of the affected
property owners consent.
2. Authorize additional funds to meet property owners' demands for compensation
and/or additional property improvements.
3. Reduce the scope of the project to eliminate the backyard drainage improvements
within Block 4, eliminate the intersection reconstruction of States Avenue at
Pennsylvania Avenue and authorize the installation of the Braddock Trail storm
sewer overflow along with the required intersection reconstruction of Ventnor
Avenue and Braddock Trail.
4. Reject the bids and reinitiate the project as a special assessment improvement to
the entire Stafford Place and initiate the required public hearing process.
The consulting engineering firm, City staff and City Attorney's Office have become very
disappointed and discouraged in the lack of cooperation by the people within this
subdivision to allow the City to respond to their concerns and correct these problems.
Consideration should be given to weighing the expense, effort and possible bad will by
forcing a project on a neighborhood that is not receptive in relationship to the minimal
probability that past problems will reoccur in the future as the development builds out.
ACTION TO BE CONSIDERED ON THIS ITEM: To reject the bids for Contract 90-
14 and provide direction to staff as to how to proceed.
STAFFORD PLACE STORM SEWER
PROJECT 602
CONTRACT 90-14
EAGAN, MN.
CONTRACTORS
1. Brown and Cris
2. Burschville Const.
3. G.L. Contracting
4. Barbarossa & Sons
LOW BID
Feasibility Report Estimate
Engineer's Report
% Over (+) Under (-) F.R.
% Over (+) Under (-) E.E.
BID TIME: 10:30 A.M.
BID DATE: OCTOBER 12, 1990
I a7
TOTAL BASE BID
$ 147,403.53
167,146.00
174,226.90
174,797.00
$ 147,403.53
$ 113,500.00
$ 125,000.00
+29.9%
+17.9%
LCL : 1 LI 7L. i 0 i 10 1- mv Z-114 rurC
X 3 X 0 R A N D V X
TO: Mike Foertsch, Assistant City Engineer
FROM: Joe Earley, Assistant City Attorney
DATE: October 10, 1990
RE: Stafford Place Rights of Entry and Easements
Eagan City Project No. 602
Our File No. 206-8799
Mike:
The following is a status report on the various rights of entries and
easements required for the Stafford Place project. I have contacted
the majority of the property owners by phone and have met with
several on site.
1. Lot 41, Block 4 - June Rahman. I have been unable to contact Ms.
Rahman. I have left various messages on her answering machine. The
City requires a Right of Entry.
2. Lot 15, Block 4 - Hendrick Olson and Mary Jo O'Leary. I have been
unable to contact these property owners. Their phone number is
unlisted and they were not at home when I visited the neighborhood.
The City requires a Right of Entry.
3. Lot !9, Block 4 - Robyn and Mary Olson. I spoke to Ms. Olson. She
said they would sign the Right of Entry. I delivered it on October 5
and it has not yet been returned by the Olsons.
4. Lot 20, Block 4 - John Perrier. The City requires both a Right of
Entry and Easement from Mr. Perrier. Mr. Perrier has several concerns
he wants addressed before he will sign anything. He wants to see the
final plan. He is afraid his property will be devalued. He wants
reimbursement for the easement. He feels the burden of the problem is
being shifted to him and he wants to know the affect on his insurance
of having a pond in his back yard.
5. Lot 21, Block 4 - John and Catherine Griggs. The City requires a
Right of Entry and Easement from the Griggs'. Mr. Griggs had several
concerns he wished to be addressed before signing any documents. He
wants the road work at the intersection of States and Pennsylvania to
be completed before the berms are done. He wants to be compensated
for the easement. He wants Frontier's job to be finished in the back
IM!
OC7 10 'G0 16:19 MAS
yard. He wants the city to buy the cottonwood tree
He wants to be able to plant in the easement. He
ponding easement regraded after its initial grading.
514 P03
that may be lost.
doesnft want the
6. Lot 23, Block 4 - Daniel and Sandra Cournega. The City requires a
Right of Entry on this property. I spoke to Mr. Cournega. He stated
that Rabine Construction had taken out fifteen trees during past
repair work and that he wanted the City to replace these trees
consisting of five Norway Pines and ten Maples, all in the $30 to $40
range.
7. Lot 24, Block 4 - Timothy and Monica Barrett. The City requires a
Right of Entry on this property. I spoke to Mr. Barrett and he
requested further engineering information. I contacted Craig Larson
who said he would contact Mr. Barrett.
S. Lot 34, Block 4 - Duc Nguyen. The City requires a Right of Entry
on this property. Mr. Nguyen is willing to grant the right of entry
with an indemnification clause and a detailed description of what the
City will be doing on the property.
9. Lot 35, Block 4 - Steven and Pamela Barr. The City requires a
Right of Entry on this property. Mr. Barr stated he will not sign any
documents and has contacted a lawyer. He wishes to have 'compensation
for any easements needed by the City.
10. Lot 36, Block 4 - Dave and Leanne Adkins. The City requires an
Easement and Right of Entry on this property. Mr. Adkins wants to be
compensated for any easements taken by the City and fools it would be
foolish to grant an easement for nothing.
11. Lot 37, Block 4 - The City requires a Right of Entry and Easement
on this property. The home has recently been sold and I have been
unable to contact the new owner.
12. Lot 38, Block 4 - Michael and Patricia Glass. I have been unable
to reach these homeowners by phone and they were not at home when I
was in the neighborhood.
13. Lot 4o, Block 4 - Joseph and Shauna Trombley. The Trombleys have
executed a Right of Entry.
14. Lot 48, Block 4 - Darryl and Ann Reinhardt. The City requires a
Right of Entry. I have been unable to contact these property owners.
15. Lot 10, Block 2 - Frontier Development. This is an undeveloped
lot owned by Frontier. The City requires a Right of Entry.
0,--T 10 ' q-0 16: 20 MAS 514 PO4
16. Lot 1, Block 3 - John and Jean Garvin. The City requires a Right
of Entry. Ms. Garvin stated they will not sign it. They donrt want to
park outside during reconstruction. They are worried about their
sprinkler system and the damage the work will do to their property.
She wants guarantees from the City.
17. Lot 2, Block 3 - Bruce and Carla Kent. I spoke to Mr. Kent and he
stated he was concerned with water getting into his basement as a
result of the changes. He also did not want a seam in his driveway
and wanted the entire driveway replaced if the work was to be done.
we have executed Rights of Entry from Duxburys on Lot 39, Block 4 and
the fergusons on Lot 33, Block 4.
JPE/djk
CC: Tom Colbert
,7udy Jenkins
130
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