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01/16/1990 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING JANUARY 16, 1990 6:30 F.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. PUBLIC WORKS DEPARTMENT 1. Consider Disposal of Excess City Property (House on NE Corner of Pilot Knob �and Cliff IV. 6:55 - CONSENT AGENDA (PINK) �: 3 A. PERSONNEL ITEMS `T B. LICENSES, Plumbers P .(o C. LICENSE, Off -Sale Beer for Holiday Service Station #247, 3615 Pilot Knob Road a D. AGREEMENT, Joint Powers for 1990 Recycling Program Funding, City of Eagan and Dakota County .-7 E. 1990 Hauler Recycling Compensation -g F. SQUAD CAR, Replacement for Investigation/Police Department G. CONTRACT 88-24, Approve Change Order #4 (Lexington Avenue Reservoir) ;(O H. AGREEMENT, Joint Powers for Street Striping ,el I. CONTRACT 88-34, Approve Change Order #3 (Alden Ponds - Streets and Utilities) P a� J. CONTRACT 88-35, Approve Change Order #2 (Hidden Valley - Trunk Sanitary Sewer) K. CONTRACT 88-11, Approve Change Order #1 (Woodlands - Trunk Storm Sewer Lift P. Station) �2 L. CONTRACT 88-08, Approve Change Order #1 (Well #14 - Pumphouse) M. CONTRACT 88-21, Acknowledge Completion/Authorize Final Payment (Cliff Lake �Center -Grading & Utilities) 13 N. CONTRACT 88-23, Acknowledge Completion/Authorize Final Payment (Cliff Lake r. Center -Streets and Signals) 0. CONTRACT 88-11, Acknowledge Completion/Authorize Final Payment (Hurley Lake & Woodlands Addition - Trunk Storm Sewer) P. CONTRACT 88-35, Acknowledge Completion/Authorize Final Payment (Hidden Valley - Trunk Sanitary Sewer) Prs Q. PROJECT 543R, Authorize Condemnation of Easements (Skyline Road - Streets and Utilities) R. PROJECT 88-17, Acknowledge Completion/Authorize Final Payment (Cedarvale Boulevard) RESOLUTION, Designation of Town Hall as Landmark of Historical Significance V. 7:00 - 1990 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS (GREY) A. Advisory Commission D. City Council Meetings Appointments (Residents) E. Standing Committee B. Acting Mayor Appointments (Council) C. Legal Newspaper F. Recording of Minutes VI. PUBLIC HEARINGS (SALMON) 3i' A.PROJECT 584, Rahn Road - Street & Utility Reconstruction B. PROJECT 587, Coventry Pass 2nd Addition - Trunk Storm Sewer I ,Q C. PROJECT 585, West Publishing 3rd Addition - Storm Sewer qq D. PROJECT 567R, Effress Addition - Storm Sewer 0E. PROJECT 549R, Stratford Oaks Addition - Sanitary and Storm Sewer Q•� ` VII. OLD BUSINESS (ORCHID) Consider Public Hearing Date of 2/20/90 to Consider Tax Increment Financing for TriLand Properties Commercial Development/Ice Arena Project (S5 B. SENECA Waste Water Treatment Plant, Presentation by Citizens Against Seneca Capacity Expansion r('1C. SENECA Odor Control Advisory Committee, Determine Use of Consultant ,VIII. NEW BUSINESS (TAN) A. REZONING, Poppler Homestead No.2/Lawrence Poppler, of 4.55 A (Agricultural) I4 Acres to an R-1 (Single Family) District and a PRELIMINARY PLAT Consisting of Three Single -Family Lots Located on the South Side of Lone Oak Road East of Pilot Knob Road in the NW 1/4 of Sec 10 IX. ADDITIONAL ITEMS (GOLD) R. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 119 1990 SUBJECT: AGENDA INFORMATION FOR JANUARY 169 1990 CITY COUNCIL MEETING >P)►#APl��t3Y ill. After approval is given to the January 16, 1990 City Council agenda and regular meeting minutes for the January 4, 1990 meeting, the following items are in order for consideration. A. PUBLIC WORKS DEPARTMENT Item 1. Consider Disposal of Excess City Property (House on NE Corner of Pilot Knob and Cliff Roads) --With the recent improvement and upgrading of Pilot Knob and Cliff Roads, the additional right-of-way acquired by the County resulted in the total taking by the County of the property and structures located in the northeast corner of Cliff and Pilot Knob Roads. During the preliminary site design review for Project 548 (Cliff Road Water Treatment Facility), it was deemed economically feasible for the City of Eagan to acquire this excess property from the County. Subsequently, on November 9, 1989, the Council authorized the purchase of this property and structure for $6,862. Now that the final site design has been completed, it has been determined that the structure located on this property will have to be removed to accommodate the construction of the Water Treatment Plant Facility as shown by the site plan enclosed on the Page . In order to accommodate the proposed construction schedule of approximately mid-April, it is necessary for the City Council to declare this structure as excess surplus City property and authorize staff to advertise for its removal and/or demolition through a competitive bidding process. During this bidding process, City staff will be evaluating if there are any other appropriate City needs to determine whether the City should reject bids and incur the costs of relocation as may be appropriate. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the disposal of excess surplus City property for the structure located at the northeast corner of Pilot Knob and Cliff Roads and authorize the advertisement for competitive bids. r q �:'�=i� I• �_ !:1 �il: 1 ! ! i!'I='�!��?i �elr) � !. Ic ;T + iy : till T�; I��js;��li�`i�f`=jts' i� '�;��! lr!I .f ! Ali;!i 13 `",��°�!� '._�ii !''_' �_�j ��p �;s: -fill, 11,101 1 d Sol S3H3 T: Ott log 7 Vq I \dL / 4 f K B e \\\ \ ^e/�!� .� ` rry ��� _ � � `II i � If I l � ill z 6 \010 I It I j � ��\ ' � / 1 �. Lit IN I l° _ ` / � 11`ItI T- X, P&—F---jj k i1 IN M . - --pic I I .�° ILII �� :t; ��` Z,••t� 1'1'1 liltf m Too go. L.V1711 I JAI I Agenda Information Memo January 16, 1990 City Council Meeting CGEBENT 24"Dn There are nineteen (19) 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 disucssion required is brief. PERSONNEL ITEMS A. PERSONNEL ITEMS Item 1. Approval of Leave Without Pay/Richard Robohm--Richard Robohm is a Utility Maintenance Worker with the City of Eagan. He injured his knee severely in a non -work related accident during the fall of 1989. His doctor determined that an operation on the knee was necessary and Mr. Robohm has been on leave recuperating from that operation. At this time, it appears that more than 30 days of leave of absence without pay will lapse before Mr. Robohm is certified by his physician to be able to return to his position at the City of Eagan. According to the City's personnel policy, "leave of absence without pay may exceed 30 days if granted by the City Council". Therefore, it is appropriate at this time for the City Council to approve a leave of absence without pay exceeding 30 days for Richard Robohm. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a leave of absence without pay exceeding 30 days for Richard Robohm, Utility Maintenance Worker. Item 2. Safety Manual --Over the past year, the City Administrator's office has been working in coordination with all department heads and other City employees to develop a safety manual for the City of Eagan. The manual has been reviewed by all management staff and they are recommending approval of the manual. Enclosed without page number is a copy of the manual for the Council's information. Please note that this is the original, major, main section of the manual. Additional sections will be developed by separate departments and divisions concerning safety practices and policies which are department/division specific. At this time, it would be appropriate for the Council to approve the main section of the manual in order that both other sections may proceed to be developed and all safety committees may begin meeting per the requirements of this safety manual. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the safety manual for the employees of the City of Eagan. .r Agenda Information Memo January 16, 1990 City Council Meeting PLUMBERS' LICENSES B. Licenses, Plumbers --According to City Code re lations, plumbers' licenses are renewed on an annual basis. Enclosed on page are those companies that are performing a plumbing service within the City of Eagan. All license applications have been reviewed and are in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers' licenses as presented. PLUMBERS LICENSES January 16, 1990 1. Associated Mechanical Contractors 2. Avoles Plumbers & Builders 3. Bredahl Plumbing 4. D.C. Mechanical 5. Egan& Sons 6. Elander Plumbing Company 7. McDermott Plumbing Inc. 8. McGuire Mechanical Services, Inc. 9. Midwestern Mechanical 10. Parsons Plumbing & Heating 11. Project Plumbing Co. A61 Agenda Information Memo January 16, 1990 City Council Me OFF -SALE BEER L C. License, Off -Sale Beer for Holiday Service Station #2479 3615 Pilot Knob Road --A request by Holiday Stationstores, Inc., for a non-into)dcating malt liquor license is in order for consideration. The request is for their second service station to open in Eagan. This one is Station #247, which will be located at 3615 Pilot Knob Road. The Police Department has reviewed this application and given its approval for consideration by the City Council and all appropriate fees have been paid. Enclosed without page number is a copy of the application for this license. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the off -sale non - intoxicating malt liquor license for Holiday Station #247, 3615 Pilot Knob Road. 011 Agenda Information Memo January 16, 1990 City Council Meeting AGREEMENT/JOINT POWERS FOR 1990 RECYCLING PROGRAM FUNDING/CITY OF EAGAN AND DAKOTA COUNTY D. Agreement, Joint Powers for 1990 Recycling Program Funding Between the City of Eagan and Dakota County --Staff has received and reviewed the draft joint powers for 1990 recycling program funding from the Dakota county attorney's office. The agreement is similar to that undertaken by the City and County in 1989. It incorporates the funding application previously approved by the City of Eagan and Dakota County. Copies of the joint powers agreement are available for Council review at your request. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1990 Joint Powers Agreement for recycling program funding between the City of Eagan and Dakota County. 1990 HAULER RECYCLING COMPENSATION E. 1990 Hauler Recycling Compensation --In action taken at its meeting of Tuesday, January 9, 1990, the Eagan Solid Waste Abatement Commission recommended that the tonnage support payment for recycling haulers for 1990 be set at $30 per ton. Dakota County funds are available sufficient to support this funding level. This recommendation is consistent with commission and city policy to provide hauler support on the basis of performance in an effort to minimize, but not completely offset the costs of recycling collection. This recommendation does not modify the Council's previous action to provide additional compensation to multi -family recycling at a rate of $.50 per multi -family unit per month. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the Solid Waste Abatement Commission recommendation to set the tonnage payment level at $90 per ton of documented recyclable material collected in the City of Eagan from January 1, 1990 to December 31, 1990. 2 Agenda Information Memo January 16, 1990 City Council Meeting REPLACEMENTSQUAD CAR F. Squad Car, Replacement for Investigation,Tolice Department --Included in the 1990 Police Department budget was an allotment for a replacement squad car for Investigation. The department is seeking approval of a purchase of a police car from Freeway Ford for approximately $1,000 less than was budgeted. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the purchase of a replacement squad car for Investigation from Freeway Ford. Agenda Information Memo January 16, 1990, City Council Meeting APPROVE CHANGE ORDER #4[LEXINGTON AVE RESERVOIR G. Contract 88-24, Approve Change Order #4 (Lexington Avenue Reservoir) --This Change Order provides for the installation of a safety cage to be installed around the exterior ladder to the top of the reservoir facility for the safety of Inspection and Maintenance personnel. This was inadvertently omitted from the original project design requirements. (Add $3,200). All costs associated with this Change Order will be responsibility of the City's Water Utility Enterprise Fund for source and supply. Also, this Change Order provided for an extension of the completion date due to the early onset of winter conditions precluding the contractor's ability to complete the painting by the original completion date. This completion date was extended from November 1, 1989, to June 1, 1990. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #4 to Contract 88-24 (Lexington Avenue Reservoir) and authorize the Mayor and City Clerk to execute all related documents. il Agenda Information 'Nemo January 16, 1990 Cite Council Meeting AGREEMENTI OINT POWERS FOR STREET STRIPING H. Approve Joint Powers Agreement, (Street Striping) --Every year, the Cities of Lakeville. Apple Valley. Burns,61le and Eagan enter into a Joint Powers Agreement to allow for a combined bidding of street striping as needed by each individual community. For 1990, the Public Works Department management team recommends that the City of Eagan enter into this Joint Powers Agreement to provide for street striping to best achieve the economies of scale in our unit prices. ACTION TO BE CONSIDERED ON' THIS ITEM: To approve the Joint Powers A(_,reement for 1990 street striping and authorize the Mayor and City Clerk to execute all related documents. Vo Agenda Information Memo January 16, 1990, City Council Meeting APPROVE CHANGE ORDER #31ALDEN PONDS I. Contract 88-34, Approve Change Order #3 (Alden Ponds - Street & Utilities) --Change Order #3 provided for the installation of a 4" ductile pipe (DIP) water service to the internal recreational building in lieu of the 2" copper service originally proposed. This increase was necessary to provide adequate water pressure and flows based on final design of the building facility. All costs associated with this Change Order will be assessed to the benefitted development. (Add $955). ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #3 to Contract 88-34 (Alden Pond - Streets & Utilities) and authorize the Mayor and City Clerk to execute all related documents. APPROVE CHANGE ORDER #21HIDDEN VALLEY J. Contract 88-35, Approve Change Order #2 (Hidden Valley - Trunk Sanitary Sewer)- -This Change Order consists of two parts described as follows: Part A - During excavation for the installation of this sanitary sewer, unanticipated unsuitable soil was discovered which had to be replaced with proper material for pipe bedding and backfill. (Add $2,250). Part B: In order to acquire an easement from an adjacent property owner to facilitate the construction activities, negotiations required the City to install a fence. (Add $1,050). All costs associated with these Change Orders will be the responsibility of the Trunk Sanitary Sewer Fund. (Total $3,300). ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #2 to Contract 88-35 (Hidden Valley - Trunk Sanitary Sewer) and authorize the Mayor and City Clerk to execute all related documents. Agenda Information Memo January 16, 1990, City Council Meeting APPROVE CHANGE ORDER #1[WOODLANDS ADDN K. Contract 88-11, Approve Change Order #1 ("oodlands Addition -Trunk Storm Sewer Lift Station) --This Change Order consists of two parts described as follows: Part A: This project provides for the modification of the lift station control panel to incorporate a special receptacle to accommodate a portable generator due to the economic unfeasibility of providing the required 3-phase power by Dakota Electric until future development occurs. (Add $1,903.23). Part B: Due to the Woodlands Addition inability to provide the access and construction easements within the required time frame, the construction was delayed into the winter months which required dealing with frozen ground conditions which was not anticipated with the original contract. Subsequently, additional costs were incurred for frost ripping. (Add S3.310). Part A will be the responsibility of the Trunk Storm Sewer Fund while Part B will be billed back to the developer of -the Woodlands Addition. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1. Contract 88-11 (Woodlands Addition - Trunk Storm Sewer Lift Station) and authorize the Mayor and City Clerk to execute all related documents. APPROVE CHANGE ORDER #11WELL #14 L. Contract 89-08, Approve Change Order #1 (Well #14 - Pumphouse)--Due to the inability of the well driller under Contract 89-07 for Well #14 to complete the development of this well hole within the specified time frame, the contractor building the pumphouse facility was delayed to a point where he had to deal with winter conditions resulting in additional costs. (Add $1,088.96). All costs associated with this Change Order will be recovered through the levy of liquidated damages to the contractor for Contract 89-07. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1 for Contract 89-08 (Well #14 - Pumphouse) and authorize the Mayor and City Clerk to execute all related documents. (a Agenda Information Memo January 169 1990, City Council Meeting ACKNOWLEDGE COMPLETION/AUTHORIZE FINAL PYMTICLIFF LK CENTRE M. Contract 88-21, Acknowledge Completion/Authorize Final Payment (Cliff Lake Centre - Grading & Utilities) --The City has received a request for final payment from the contractor for the above -referenced contract along with the certification from the City's consulting engineering firm (SEH) certifying that all work was performed in accordance with the City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable action regarding this request for final payment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 7th and final payment for Contract 88-21 (Cliff Lake Centre - Grading & Utilities) to Arkon Construction Company in the amount of $8,046.87 and acknowledge completion of the work for City maintenance obligations subject to appropriate warranty provisions. ACKNOWLEDGE COMPLETIONIAUTHORIZE FINAL PYMTICLIFF LK CENTRE N. Contract 88-23, Acknowledge Completion/Authorize Final Payment (Cliff Lake Centre - Streets & Signals) --The City has received a request for final payment from the contractor for the above -referenced contract along with the certification from the City's consulting engineering firm (SEH) certifying that all work was performed in accordance with the City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable action regarding this request for final payment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 9th and final payment for Contract 88-23 (Cliff Lake Centre - Streets & Signals) to S.M. Hentges & Sons, Inc., in the amount. of $15,242.12 and acknowledge completion of the work for City maintenance obligations subject to appropriate warranty provisions.. I � Agenda Information Memo January 16, 1990, Cite Council 'Meeting ACKNOWLEDGE COMPLETIONIALTTHORIZE FIN'.AL PYINMT HURLEY LAKE & WOODLA.NDS ADDN O. Contract 88-11, Acknowledge Completion/Authorize Final Payment (Hurley Lake & Woodlands Addition - Trunk Storm Sewer Lift Station) --The City has received a request for final payment from the contractor for the above -referenced contract along with the certification from the City's consulting engineering firm (BRAA) certifying that all work was performed in accordance with the City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable action regarding this request for final payment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 7th and final payment for Contract 88-11 (Hurley Lake & Woodlands Addition - Trunk Storm Sewer) to SAI. Hentges & Sons. Inc.. in the amount of $7,508.23 and acknowledge completion of the work for Cite maintenance obligations subject to appropriate warranty provisions. ACKNOWLEDGE COMPLE'T`ION AUTHORIZE FINAL PYMT IDDEN VALLEY P. Contract 88-35, Acknowledge Completion/Authorize Final Payment (Hidden Vallee - Trunk Sanitary Sewer) --The City has received a request for final payment from the contractor for the above -referenced contract along with the certification from the City"s consulting engineering firm (BR.AA) certifying that all work was performed in accordance with the City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable action regarding this request for final payment. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 5th and final payment for Contract 88-35 (Hidden Valley - Trunk Sanitary Sewer) to S.M. Hentges & Sons. Inc.. in the amount of $8,438.00 and acknowledge completion of the work for City maintenance obligations subject to appropriate warranty provisions. Agenda Information Memo January 16, 1990, City Council Meeting AUTHORIZE CONDEMNATION OF ESMTS/SKYLINE RD Q. Project 543R, Authorize Condemnation of Easements (Skyline Road - Streets & Utilities) --The City Attorney's office has been in contact with the majority of the property owners where additional permanent and/or temporary easements are necessary to facilitate the completion of the above -referenced project. Sufficient easements were previously acquired to allow the completion of the first phase (Sibley Hills Drive) by last fall. In order to ensure that the construction begins in a timely manner this spring, it is necessary to ensure that all easements or rights -of -entry have been acquired by the first of May. Due to several property owners' reluctance and resistance to negotiate the transfer of these easements, it is appropriate to authorize their acquisition through condemnation in the hiring of the related appraiser. Although the City will continue in earnest negotiations with the affected property owners, condemnation will assure the City's ability to proceed on schedule if negotiations should fail to reach a mutually satisfactory conclusion. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the condemnation of easements for Project 543R (Skyline Road - Streets & Utilities) and retain a professional appraiser. ACKNOWLEDGE COMPLETION/AUTHORIZE FINAL PYMTICEDARVALE BLVD R. Contract 88-17, Acknowledge Completion/Authorize Final Payment (Cedarvale Boulvard)--The City has received a request for final payment from the contractor along with the certification from the consulting engineering firm (OSM) that this project has been completed in accordance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for favorable Council action authorizing final payment and continued maintenance by the City. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 3rd and final payment for Contract 88-17 (Cedarvale Boulevard - Overlay) in the amount of $44,122.60 to Midwest Asphalt Corporation acknowledging its completion and authorizing City maintenance subject to all appropriate warranties. wr Agenda Information Memo ON January 16, 1990 City Council Meeting RESOLUTION/DESIGNATION OF TOWN HALL AS LOCAL LANDMARK OF HISTORICAL SIGNIFICANCE S. Resolution, Designation of the Town Hall as a Local Landmark of Histori Significance --Attached on page you will find a resolution designating the Eagan Town Hall as a local landmark of historical significance. In addition to recognizing the facility's historic value, this resolution will assist the City in procuring funds for the town hall restoration from funding sources such as Celebrate Minnesota. ACTION TO BE CONSIDERED ON THIS ITEM: To adopt the resolution designating the Eagan Town Hall as a local landmark of historical significance. j(P CITY OF EAGAN RESOLUTION DESIGNATION OF THE TOWN HALL AS A LOCAL LANDMARK OF HISTORICAL SIGNIFICANCE WHEREAS, the Eagan Town Hall served as the center of local government for Eagan Township from 1914 until 1965; and, WHEREAS, the Eagan Town Hall is one of the few remaining structures in the City of Eagan of historical significance; and, WHEREAS, the Eagan City Council recognizes the educational and cultural value of historical preservation for current and future residents; and, WHEREAS, the Eagan Town Hall is being restored to its original design, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby designates the Eagan Town Hall, 3801 Pilot Knob Road, as a Local Landmark of Historical Significance. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of , 1990. E. J. VanOverbeke, City Clerk 6 Agenda Information Memo January 16, 1990, City Council Meeting PUBLIC -#AWNGS RAHN ROAD - ST & UTILITY RECONSTRUCTION A. Project 584, Rahn Road (Street & Utility Reconstruction) --In response to continued, concerns raised by the general public, the City Council, at the December 19, 1989, Council meeting, directed staff to prepare a feasibility report for the proposed reconstruction of Rahn Road and a related special assessment policy with a public hearing being scheduled for January 16, 1990. After several surveys and workshop sessions, a feasibility report was completed and is enclosed on pages , through (p�r for the Council's information and review- for this public hearing. On Tuesdav, January 9, a neighborhood meeting was held with all potentially affected' property owners to review thh, proposed improvements and related assessments. Enclosed. on pages a through :77_,�_ is a memo from the Public Works Director summarizing the issues and concerns that were raised at that meeting. Although this project is large and complex, the presentation will be abbreviated due to the fact that it was thoroughly discussed during this neighborhood meeting. Certainly, the staff will be available to go into greater detail in response to any specific concern or question as it may arise. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify/deny Project 584, Rahn Road (Street & Utility Reconstruction) and, if approved, authorize the preparation of detailed plans and specifications and relater) easement acquisition through condemnation if necessary. 3aj Report for Rahn Road Reconstruction (Beau-D'Rue Drive to Shale Lane) Utility & Street Improvements Eagan, Minnesota City Project No. 584 November 1989 File No. 49307 33 Bonestroo .Wene Anderllk & Associates Engineers 3 Architects St. Paul, Minnewta 33 Agenda Information Memo January 16, 1990, City Council Meeting 1990 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS Each calendar year Organizational Business is considered at the second regular City Council meeting during the month of January. Those items that require the specific action of the City Council included: A) Advisory Commission Appointments, B) Acting Mayor, C) Legal Newspaper, D) City Council Meetings, E) Standing Committee Appointments, and F) Recording of Minutes. A. ADVISORY COMMISSION APPOINTMENTS: There are eight (8) advisory commissions that make recommendations to the City Council. Those commissions are as follows: Advisory Planning Commission Advisory Parks and Recreation Commission Airport Relations Commission Economic Development Commission Joint Burnsville/Eagan Cable Commission Solid Waste Abatement Commission Water Management Organization Special Assessment Committee Staff is requesting changes in the administration of the Gun Club Lake Watershed Management Organization and the Special Assessments Committee. The changes are discussed later in this Organizational section of the packet. Advertisements were placed in the City-wide newsletter and local newspapers during the month of December indicating that vacancies existed on certain advisory commissions. Letters were received from over forty residents seeking either reappointment or appointment to an advisory commission. All residents, including those currently serving on a commission, were given notice and invited to participate in an interview with the City Council on January 9, 1990. The Council interviewed 35 individuals. The method for appointing Commission members is to use a ballot offered and distributed by the City Administrator. For example, a ballot will be distributed to each member of the City Council for Advisory Planning Commission appointments. Since there are two (2) vacancies for three-year terms, one (1) vacancy for the one-year remaining on a three- year term, and one (1) vacancy for the one-year alternate term, the Council will vote for a number of candidates to fill those vacancies. It is suggested that the City Council vote for three or possibly four candidates on one ballot, with the fourth person (receiving at least a majority) becoming the alternate. An alternate method would be to vote separately for the three-year vacancies, the one-year vacancy and the alternate. It is required by law Agenda Information Memo January 16, 1990, City Council Meeting that each City Councilmember initial their ballot and the City Administrator will act as the custodial of ballots announcing the votes for each commission appointment. A commission appointment requires a majority vote by the City Council. 1. Advisory Planning Commission --The Advisory Planning Commission meets the fourth Tuesday of each month to review development plans and make recommendations to the City Council. The three-year terms of Gary Graves and Scott Merkley expire at the Organizational Meeting on January 16, 1990, therefore creating two positions on the Advisory Planning Commission for three (3) year terms. There is also a one-year alternate position, created by the expiration of alternate Don Hoeft's term on January 16. In addition, an appointment must be made to fill the remaining year of the position currently held by City Councilmember Tim Pawlenty. Both Gary Graves and Scott Merkley are applying for reappointment to three year terms. Don Hoeft, as alternate, is also applying for a three year term or reappointment to the alternate position. Those applying to the Advisory Planning Commission are: Max D. Boyle (1st Choice: APC/2nd Choice: APRC) Charles E. Duddingston (1st Choice: APC/Consider Others) Floyd J. Forsberg Gary Graves (Reapplication) John Griggs (1st Choice: APC/2nd Choice: EDC) John M. Gustin Robert E. Hafvenstein (1st Choice: ARC/2nd Choice: APC) Floyd A. Hiar (Either APC or APRC) Donald Hoeft (Reapplication) Shawn Hunter (1st Choice: APC/2nd Choice: APRC) Jay R. Kottke (Either APC or EDC) Larry Lamb Lee Markell (Either APC or APRC) George Martin (1st Choice: APC/Consider APRC) Sandy Masin (1st Choice: APRC Reapplication/2nd Choice: ARC) Scott Merkley (Reapplication) Daniel C. Mott Karl Oestreich (1st Choice: APC/2nd Choice: Cable) Paul Rascher (1st Choice: APC/2nd Choice: APRC or EDC) John V. Ruggieri (1st Choice: APC/2nd Choice: APRC) Joyce L. Staeheli James T. Unker (Either APC or Cable Reapplication) David M. Waldoch (Either APC or EDC) Sandi Wensmann (1st Choice: APRC/Consider Others) �9 Agenda Information Memo January 16, 1990, City Council Meeting ACTION TO BE CONSIDERED ON THIS ITEM: To make two (2) appointments for three (3) year terms, one appointment for a one (1) year alternate position and one appointment to fill the remaining one year of Councilmember Pawlenty's three. 2. Advisory Parks and Recreation Commission --The Advisory Parks and Recreation Commission meets the first Tuesday of each month to advise the City Council regarding park dedication by developers, purchase of additional park land and City recreation programs. The positions of Wayne Sames and Sandra Masin expire at the Organizational Meeting on January 16, 1990. These two positions are for three year terms. Sandra Masin is applying for reappointment after having finished serving her second, three-year term on this Commission. The other three year term open for appointment was held by Wayne Sames. Mr. Sames resigned in July 1989 and Alternate Shawn Hunter completed Mr. Sames' term. Mr. Hunter is seeking appointment to the Advisory Planning Commission but would, if not appointed to the APC, accept reappointment to the Advisory Parks and Recreation Commission. Those applying to the Advisory Parks and Recreation Commission are: Max D. Boyle (1st Choice: APC/2nd Choice: APRC) Laura Doughty Charles E. Duddingston (1st Choice: APC/Consider Others) Floyd A. Hiar (Either APC or APRC) Shawn Hunter (1st Choice: APC/2nd Choice: APRC) Lee Markell (Either APC or APRC) George Martin (1st Choice: APC/Consider APRC) Sandy Masin (1st Choice: APRC Reapplication/2nd Choice: ARC) Paul Rascher (1st Choice: APC/2nd Choice: APRC or EDC) John V. Ruggieri (1st Choice: APC/2nd Choice: APRC) Sandi Wensmann (1st Choice: APRC/Consider Others) Dale A. Wessel James P. Yanta ACTION TO BE CONSIDERED ON THIS ITEM: To make two (2) appointments for three (3) year terms on the Advisory Parks and Recreation Commission and one (1) appointment for one (1) year as the alternate member of that Commission. 3. Airport Relations Commission --The Airport Relations Commission regularly meets the second Tuesday of each month to review airport issues within the City of Eagan and to recommend airport related policy to the City Council. The term of Katherine Shoaps expires with the Organizational Meeting on January 16, 1990, and the term of Greg Gappa, who fulfilled a previous member's term, also expires at January 16, leaving two (2) IN, Agenda Information Memo January 16, 1990, City Council Meeting positions open for three (3) year terms. The resignations of Bill Lesiecki and Lynn Fieman have opened one year terms to fulfill the remainder of their three-year terms. Steve Rosenthal moved recently, and two years remain on his three-year appointment. In addition, two positions for one year alternates, previously held by Douglas Dahl and Larry Alderks, are also open. The City encourages residents from airport noise affected neighborhoods and representatives from the business community to be a part of this Commission. Katherine Shoaps and Larry Alderks have requested reappointment to the Commission; therefore, the applicants are: Larry Alderks (Reapplication) Cynthia A. Ellis Charles E. Duddingston (1st Choice: APC/Consider Others) Robert E. Hafvenstein (1st Choice: ARC/2nd Choice: APC) Joe Harrison Greg Langen Sandra Masin (1st Choice APRC Reapplication/2nd Choice: ARC) Becky Newell Timothy Ring Katherine Shoaps (Reapplication) Sandi Wensmann (1st Choice: APRC/Consider Others) Jerry Woelfel ACTION TO BE CONSIDERED ON THIS ITEM: To make two (2) appointments for three (3) year terms, two (2) appointments for remaining year and two (2) appointments for two, one-year, alternate positions on the Airport Relations Commission. 4. Economic Development Commission --This Commission functions to promote the City of Eagan's commercial -industrial climate, to recommend general policy direction and to advise the City Council on matters pertaining to industry and commerce. The Commission members each represent certain defined categories which are: Corporate - Industrial - Financial - Development Media Utility - Retail Public Service Larry Wenzel George Traynor Vacant Patrick Grinde Christy Clapp Eldon Johnson - Michele Sewald - Roger Hughes - William Duggan Agenda Information Memo January 16, 1990, City Council Meeting The three-year terms for the Corporate Sector and the Utility Sector, currently held by Larry Wenzel and Eldon Johnson, respectively, will expire at the Organizational Meeting on January 16, 1990. Both Mr. Wenzel and Mr. Johnson have applied for reappointment. A three year position in the Financial Sector previously held by Corey Cleveland, is currently vacant and eligible for appointment. For Council's information, Mr. Wenzel has served six consecutive years on the Economic Development Commission. Those applying for appointment to the Economic Development Commission are: Jay Carlson Charles E. Duddingston (1st Choice: APC/Consider Others) Kirk S. Duholm John Griggs (1st Choice: APC/2nd Choice: EDC) Kimberly A. Haugen Eric Iverson Eldon Johnson (Reapplication) Jay R. Kottke (Either APC or EDC) G. E. Marko Paul Rascher (1st Choice: APC/2nd Choice: APRC or EDC) David M. Waldoch (Either APC or EDC) Larry Wenzel (Reapplication) Sandi Wensmann (1st Choice: APRC/Consider Others) ACTION TO BE CONSIDERED ON THIS ITEM: To make three appointments for three-year terms to fill vacancies in: 1) the Corporate Sector, 2) the Utility Sector, and 3) the Financial Sector of the Economic Development Commission. 5.a. Joint Burnsville/Eagan Cable Communications Commission --The Cable Communications Commission meets the second Thursday of each month to oversee the administration of the Joint Burnsville/ Eagan Cable Television System. The three-year terms of Susan Shaffer and James Unker expire at the Organizational Meeting on January 16, 1990. The one-year alternate position of Nick Choban also expires on that date. All have applied for reappointment with Mr. Choban applying for a full, three-year appointment. Those applying for a position on the Cable Communications Commission are: Nick Choban (Reapplication) Douglas Dahl Charles E. Duddingston (1st Choice: APC/Consider Others) Agenda Information Memo January 16, 1990, City Council Meeting Susan E. Shaffer (Reapplication) Karl Oestreich (1st Choice: APC/2nd Choice: Cable) James T. Unker (Either APC or Cable Reapplication) Sandi Wensmann (1st Choice: APRC/Consider Others) ACTION TO BE CONSIDERED ON THIS ITEM: To make appointments to two (2) positions for three (3) year terms and a one year alternate position on the Cable Communications Commission. 5.b. Joint Burnsville/Eagan Cable Communications Commission Terms --Enclosed on pages Z'and 7-9 you will find a memorandum from Cable Coordinator Reardon with respect to a potential change in the Joint Powers Agreement between the Cities of Burnsville and Eagan with respect to the Cable Commission. Currently, the Joint Powers Agreement provides for Commissioners to have two year terms and alternates to have a one year term. Both Cities have expressed a desire for their Advisory Committees and Commissions to have three year terms. Burnsville has indicated a desire for the alternate to be appointed for a three year term as well. Consideration of this change would permit all the Committees and Commissions to be treated uniformly between the two Cities. The memorandum outlines the fact and policy issues related to this matter. If the Council desires to undertake this change, it should direct staff to prepare an appropriate amendment to the Joint Powers Agreement which will reflect this change. The one qualification would be that as Burnsville prefers three year alternate terms and Eagan's City Code sets alternate terms at one year, that the matter of the alternate's term be left up to the discretion of the two Cities. Staff has discussed this option with the staff at the City of Burnsville and they confer with this recommendation. ACTION TO BE CONSIDERED ON THIS ITEM: To direct the preparation of an amendment to the Burnsville/Eagan Cable Communications Commission Joint Powers Agreement with respect to member terms extending regular member terms to three years with the term of the alternate to be at the discretion of the individual Cities. 6. Solid Waste Abatement Commission --The Commission members on the Solid Waste Abatement Commission were appointed on an ad hoc basis in 1986 or 1988 and are currently active members. As in 1989, the Commission still meets on an as needed basis and, therefore, staff does not suggest the establishment of term lengths. If the Commission continues to meet on a regular basis there could be a reconsideration of terms at the 1991 organizational business meeting. a3 Agenda Information Memo January 16, 1990, City Council Meeting For Council's information, the current members are private citizens Darlene Bahr, Cindy Ista, Brenda Marshall, Tim Hoel, and Terry Schnell, an alternate; refuse haulers Larry Knutson, Kevin Nordby, and Tom Moline, an alternate; local businessmen Earl Milbridge, Delmar DeBilzan, and Todd Gaty, an alternate; and public service representative Tom Mann. ACTION TO BE CONSIDERED ON THIS I'T'EM: There is no action required at this time. 7. Gun Club Lake Watershed Management Organization --Along with the other special committees and commissions appointed by the City Council, representatives have been selected by the City Council to serve on the Gun Club Lake Water Management Organization Board of Managers. The Board, established in response to a State legislated mandate for a watershed management organization, is controlled jointly by the cities of Eagan, Inver Grove Heights and Mendota Heights. Since its inception, it has been difficult to solicit interested citizens in this Commission, with most being appointed after unsuccessfully vying for positions on other commissions. At the November 7, 1989, City Council meeting, the City Council appointed current alternate, Luann Alderks, to be a full Board member along with John VonDeLinde, Superintendent of Parks, and Mike Foertsch, Assistant City Engineer, alternate. Prior to the City Council's recent ordinance amendment limiting the length of member service on City committees and commissions, the members of the WMO were appointed without specific terms. With Council's approval, the Gun Club Lake WMO would like to appoint WMO members to indefinite terms and to fill vacancies only as they occur. This would allow the joint powers agreement to be administered by an organization whose members have a sincere interest in the field in addition to the continuing involvement necessary to deal with the complexities of the issues. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the the Gun Club Lake WMO's request to: 1) appoint members to indefinite terms on the Organization and 2) to fill vacancies only as they occur. 8. Special Assessments Committee --Another of the City's committees needing attention this year is the Special Assessments Committee. In the ,past, a Special Assessments Committee has been maintained even though the meetings were scheduled on an as - needed basis. They have met approximately three times every two years but have not met since July of 1988. Agenda Information Memo January 16, 1990, City Council Meeting Because the Committee meets so sporatically, it is difficult to maintain interest by citizen appointees. During the past summer, there have been several issues pertaining to special assessments that have required revision and/or creation of a special assessment policy. An internal staff committee was created and was comprised of the Director of Finance, Director of Public Works, City Attorney, Finance/Special Assessment Consultant and the City Administrator. Various alternatives, limitations and ramifications from various special assessment policies were able to be discussed with a level of knowledge and information that is not readily available to lay committee members who only meet approximately once a year. Therefore, with Council's approval, the Special Assessments Committee would be disbanded and an internal assessment committee designated consisting of the Director of Finance, Director of Public Works, City Attorney, City Administrator and any of their designated appointees. ACTION TO BE CONSIDERED ON THIS ITEM: To consider: 1) disbanding the Special Assessment Committee and 2) designating an internal Assessments Committee be consisting of the Director of Finance, Director of Public Works, City Attorney, City Administrator and/or other members as designated by the City Council. ACTING MAYOR B. Acting Mayor --There is a statutory requirement for City Code cities that a member of the City Council be appointed as acting mayor. All Councilmembers are eligible for this appointment. The acting mayor presides in the absence of Mayor Egan at City Council meetings and all other activities pertaining to the City of Eagan. Historically, the Mayor has made this appointment. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint an acting mayor. LEGAL NEWSPAPER C. Legal Newspaper --It is a statutory requirement for the City to designate a newspaper as the official legal newspaper for the City. The statute specifically states that a City can only designate a legal newspaper of general circulation in the City as its official newspaper. Published during the year are such items as those required by law to be published and such other matters that the Council may deem advisable and in the public interest to be published. Those items include, but are not limited to the following: City Code amendment, annual financial statements, Council proceedings, notice of elections, resolutions, regular and special meeting agendas. C7s Agenda Information Memo January 16, 1990, City Council Meeting The City has received two (2) proposals. One from This Week Newspapers and the other from Minnesota Suburban Newspapers. The proposals submitted by the newspapers are enclosed on pages 60 through 3 / A . The Dakota County Tribune's quote is more favorable to the City and includes free publication of legals and minutes in the This Week. The publication deadlines and actual distribution of This Week provides a better time line for submitting legal notices and agendas by City staff. ACTION TO BE CONSIDERED ON THIS ITEM: To approve retaining either. This Week Newspapers or the Minnesota Suburban Newspapers as the City of Eagan's official, legal newspaper. CITY COUNCIL MEETINGS D. City Council Meetings --Each year the City Council must designate days and times specifically for the purpose of holding regular City Council meetings. In years past, the City has met on the first and third Tuesday of each month at 6:30 p.m. If the first and third Tuesdays of each month are so designated, it will be necessary to change three (3) dates due to: 1) May 15 School Board Elections in Districts #196, #197, and #191, 2) the July 4th holiday, and 3) the November 6 General Election. The election day meetings can either be changed or held as scheduled but with no action being taken until after the polls have closed at 8:00 p.m. The first meeting in July is scheduled for July 3 and the City Administrator suggests that the Council may wish to postpone that meeting to July 10 in order to avoid conflicting with any plans in conjunction with the July 4th holiday. ACTION TO BE CONSIDERED ON THIS ITEM: To designate days and times for official City Council meetings. In addition, designate alternate dates for the three conflicting meeting dates. STANDING COMMITTEE APPOINTMENTS E. Standing Committee Appointments --Standing committees of the City Council have been used sparingly in recent years to examine a specific topic or subject matter at the request and direction of the City Council. The standing committees consist of two (2) members of the City Council and can act only in an advisory capacity to the City Council as a whole. The sole purpose of the standing committee is fact finding. In some cases the standing committee may meet several times during a calendar year and in other cases may only meet once or merely provide telephone consultation to the City Administrator. The standing committees appointed for 1989 consisted of the following: Finance Committee, Councilmembers Egan and McCrea; Public Works Committee, Councilmember Agenda Information Memo January 16, 1990, City Council Meeting Wachter and former Mayor Ellison; and Personnel Committee, Councilmembers McCrea and Gustafson. Historically, the Mayor has made the appointments to the standing committees. ACTION TO BE CONSIDERED ON THIS ITEM: For Mayor Egan to appoint Councilmembers to serve on various standing committees. RECORDING OF MINUTES F. Recording of Minutes --Following the recent review of legal costs, the City Administrator requested that the City Clerk and the City Attorney look at alternatives for the preparation of City Council and Planning Commission minutes to reduce the City's cost for that activity. Direction was given to consider: 1) a new style of minutes entitled, "Action Minutes," and 2) arranging for a member of the City staff to record, prepare and transcribe the minutes instead of an attorney from the City Attorney's office. Before it is determined by City staff which personnel will be responsible for recording minutes at meetings, it is in order for the City Council to indicate in what form they prefer future minutes to be recorded for City Council meetings. Enclosed on pages , through _ 3 LO is a copy of the minutes of the December 5, 1989 City Council meeting as recorded in the traditional style. Also enclosed for the Council's information on pages 3 1 P through 31 is a copy of the same minutes recorded as "Action Minutes." After formal approval of the form in which City Council minutes are to be recorded, a member of the City staff will sit with the attorney at one or two meetings and then begin recording, preparing and transcribing the minutes in-house. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the recording of future City Council and Advisory Planning Commission minutes in either: 1) the traditional form, or 2) action minute form. .27 WEAGAN COMMUNICATIONS COMMISSION 3_30 P1L07 KNOE ROAD PO 60X. 21199. EAGAN MN 55121 612 _ M E M O R A N D U M TO: CITY MANAGER BARTON AND CITY ADMINISTRATOR HEDGES FROM: CABLE COORDINATOR REARDON�Q DATE: JANUARY 3, 1990 SUBJECT: CABLE COMMISSIONERS' APPOINTMENT TERM As both Cities are in the process of appointing Commissioner's to the Cable Commission, now seems to be the appropriate time for the Cities to look at the length of time they wish the Commissioners to serve on the Commission. BACKGROUND The Burnsville/Eagan Joint Powers Agreement's Article VI. Directors; Voting, Section 2 reads, "A director shall serve for a term of two years", and Section 3, "one alternate ... for a term of one year". CURRENT STATUS It is my understanding that when Burnsville appointed two regular directors and one alternate director to the Cable Commission last May, they were appointed to serve terms of three years. It is also my understanding that the City of Eagan appoints all their other commissioners to three-year appointments. The only commission that Eagan does not appoint commissioners to serve three-year terms is the Cable Commission. At this time, Eagan appoints the regular cable commission directors to two-year terms and the alternate to one-year. ACTION RECOMMENDATION To correct the current situation, I recommend that both Cities pass a resolution amending the Joint Powers Agreement which would allow the regular commissioners/directors to serve three-year terms. As one City is already doing this and the other City appears to have the desire to do the same, this seems to be the logical solution. However, the term for the alternate director will need to be discussed by the two Cities. I understand that Burnsville's practice is to appoint the alternate commissioners to three year - terms, while Eagan appoints alternates to a one-year term. CONCLUSION As the City of Eagan will be making their appointments at their January 16th meeting, this item should be included for action on both Cities January 16th agendas. Please let me know if I can be of further assistance in this matter. THIS WEEK NEWSPAPERS DAKOTA COUNTY TRIBUNE, INC. December 18, 1989 0 City of Eagan P.O. Box 21199 Eagan, Minnesota 55121 To the Mayor and City Councilnffnbers: We would like once again to serve as the legal newspaper for the City of Eagan. As the leading publication in this area, we feel it's important to provide our readers with the cities legal notices in addition to the news stories, feature stories and photographs of local events that we offer each week. The Dakota County Tribune has been your official newspaper for many years, so readers and businesspersons are well-acquainted with where to find these important legal notices. We have also served as the legal newspaper for the cities of Apple Valley, Burnsville, Lakeville, Rosemount and Savage as well as the local school districts. Because we have been a legal newspaper for so many years, our staff is very experienced in helping the cities place their legal notices properly. As we have done in the past, legal notices and minutes would also be reprinted free of charge in Eagan Thisweek (12,235 copies distributed in Eagan) our total circulation newspaper. It is important to note that only Thisweek Newspapers are delivered by a professional delivery service in weather protected tubes and bags. If you have any questions, please feel free to call. Since"rely, 'Daniel H. Clay Publisher 56 (612) 894-1111 P.O. Box 1439 1525 E. Highway 13 Burnsville, MN 55337 QUOTATION FORM CITY OF EAGAN No. of Lines Per Column Inch Printed Characters and Spaces Per Line Total Characters and Spaces Per Column Inch Per Line Cost Per Column Inch Cost Dakota Coun Newspaper 10 -450 average Tribune By Carol Haverland 55. 9 $5.59 December 18. 18 Dat e Comments: We sincerel hoe you,desi.gnate our newspaper- as our official newspaper. We are as flexible and accommadatin as POssible to allow you to meet our deadlines for legals. We also have fax capabilities for your last minute legal notices 894-1859• 3l December 7, 1989 "re 1 I r MINNESOTA City Council SUBURBAN 3830 of Eagan 3830 Pilot Knob Road NEWSPAPERS Eagan, MN 55122 Representing Sailor, Dear Council Members: Current, Sun -Current and Post Publications MENNEN We would appreciate your designation of the Chronicle to be your official newspaper for the year 1990. The new rate structure for legals effective January 1, 1990 Main Office will be: 7831 East Bush Lake Rd. Bloomington, MN 55435 612-89155-4700 1 column width 59.0 cents per line - first insertion Satellite offices 32.9 cents per line - subsequent insertions 1209 East Cliff Road Burnsville, MN 55337 612-89o4456 This rate is based on our column width of 11.5 picas. 464 Second Street Excelsior, MN 55331 We will provide, at no additional charge, two notarized 612474-0285 affidavits on each of your publications. Additional 4921 Babcock Trail notarized affidavits, on request, will be furnished at 35 Inver Grove Heights, MN 55075 cents each. 612451.6439 All publications should reach this office by Thursday a.m. preceding our Wednesday publication. However, we would appreciate receiving any large quantities of legals or any lengthy legals at an earlier time. In order to expedite our services to you, it is requested that you direct your publications to the attention of Meridel Hedblom, Legal Publication, 7831 East Bush Lake Road, Bloomington, MN 55435. We appreciate being considered as the official newspaper for the city of Eagan. Sincerely, MINNES0 A SU LWSPAPERS Greg Pta in General Manager GP:kt MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 5, 1989 A regular meeting of the Eagan City Council was held on Tuesday, December 5, 1989, at the Eagan Municipal Center. Present were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Community Development Director Dale Runkle, Public Works Director Tom Colbert and City Attorney James Sheldon. AGENDA City Administrator Tom Hedges informed the Council that the MASAC resolution should be added under Department Head Business. He further recommended that the following items be continued: Public Hearings - E (Project 583/Park Center/Streets and Utilities) and New Business - G (Conditional Use Permit/Xavier's Restaurant). Councilmember Wachter suggested deferring any action on the liquor licenses until the January 2, 1990 City Council meeting. Councilmember McCrea commented there was a need to reserve some licenses. Councilmember Egan agreed and felt the City should analyze its position. Egan moved, Wachter seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES November 21, 1989. Wachter moved, McCrea seconded, the motion to approve the minutes for the November 21, 1989 regular City Council meeting as presented. All voted in favor. MASAC RESOLUTION City Administrator Tom Hedges introduced the item to the Council. He distributed the resolution and explained that the MASAC meeting would also be held on December 5, 1989. Councilmember Egan stated he felt the resolution was self-explanatory and instructed staff to request a continuance. Egan moved, Wachter seconded, the motion to adopt a resolution requesting a continuance of the MASAC item concerning the presentation of the Mendota Heights study to their January 23, 1990 meeting. All voted in favor. Page 2/EAGAN CITY COUNCIL MINUTES December 5, 1989 FIRE DEPARTMENT/I-NET SERVICES/FIRE STATIONS 4 & 5 City Administrator Tom Hedges summarized the background information. Councilmember Gustafson asked how the franchise fees were used. Mike Reardon pointed out that the fees were retained by the City if they were not used. Councilmember Wachter asked for the timeframe for the surrounding installations. Mike Reardon explained the proposed timeframe. Egan moved, Gustafson seconded, the motion to authorize payment from retained franchise fees for the installation of both I -Net and Sub -Net to Fire Stations 4 & 5 at the reduced cost of $6,063.66. All voted in favor. PUBLIC WORKS DEPARTMENT/DAKOTA COUNTY FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM City Administrator Tom Hedges briefed the Council regarding the matter. Public Works Director Tom Colbert recapped the staff report and suggested the acceleration of County Road 28 at Coachman Road. Councilmember Egan had questions regarding the Federal signal spacing. Public Works Director Tom Colbert stated that the Federal signal spacing would not be impacted. Councilmember McCrea had questions regarding the County priority method. Mr. Colbert explained the method. Councilmember McCrea asked if the dollars had been budgeted. Mr. Colbert stated they had not been budgeted at this time. Councilmember McCrea questioned if there were any crisis projects. Public Works Director Tom Colbert replied that potential crisis projects were Slater and Cliff, Coachman and Yankee Doodle. Mayor Ellison questioned the location of the Beacon Hills signal. Public Works Director Tom Colbert pointed out it would not jeopardize another installation. Mayor Ellison requested the acceleration of CSAR No. 32 from Trunk Highway 77 to I -35E and stated he felt it was crucial to do so. Public Works Director Tom Colbert suggested switching CSAH No. 26 from Trunk Highway 55 to CSAH No. 63 with the Cliff Road schedule and further accelerating County Road 28 at Coachman Road to 1990 and CSAR at Beacon Hill Road/Thomas Lake Center Drive to 1991. Councilmember McCrea concurred with Mr. Colbert. Wachter moved, Gustafson seconded, the motion to approve the Dakota County Highway 5 -year capital improvement program as amended. All voted in favor. Page 3/EAGAN CITY COUNCIL MINUTES December 5, 1989 POLICE DEPARTMENT/MISSION STATEMENT City Administrator Tom Hedges introduced the matter. Police Chief Geagan complimented the staff on its involvement in preparing the Mission Statement. Gustafson moved, Wachter seconded, the motion to approve the Mission Statement as developed by the Eagan Police Department. All voted in favor. SNOWMOBILE POLICY City Administrator Tom Hedges presented the matter to the Council. Councilmember Wachter felt the policy should be improved. Police Chief Geagan pointed out there was an enforcement problem. Councilmember Egan stated the City had always anticipated prohibition at some point in time. There was further discussion regarding the snowmobile policy. Councilmember Wachter favored prohibition of snowmobiles. Director of Parks and Recreation Ken Vraa stated it was a catch-22 situation and that there were no longer safe areas for travel. Councilmember Gustafson pointed out there was a need to change the ordinance but felt snowmobiles should not be totally prohibited.. Gustafson moved, Egan seconded, the motion directing staff to prepare a snowmobile policy ordinance for Council review. All voted in favor. PARK MAINTENANCE ANALYSIS Councilmember Gustafson asked Director of Parks and Recreation Ken Vraa to prepare a report showing the cost of park maintenance. City Administrator Tom Hedges suggested discussing the matter during the work session. Councilmember McCrea pointed out she would like monitors to keep an eye on developer violations. CONSENT AGENDA A. Personnel Items. 1. Resignation/Police Officer. It was recommended to accept the resignation of Patrol Officer Tomma A. Freundshuh, effective December 17, 1989. 2. Investigative Sergeant Position. It was recommended to approve the creation of the position of investigative sergeant, effective in December, 1989 and to approve the appointment of Sergeant Ken Conyers to the position. Page 4/EAGAN CITY COUNCIL MINUTES December 5, 1989 3. Patrol Sergeant Position. Councilmember McCrea questioned the "next on the list" language in regards to the appointment. She had concerns regarding affirmative action and questioned the recruiting. Police Chief Geagan emphasized that the police department had made a concerted effort to hire minorities and women. Councilmember McCrea asked if other officers had been interviewed for the position of Patrol Sergeant other than Steven Grimm. Police Chief Geagan stated that seven other officers had been interviewed and he explained the testing process. Councilmember Egan remarked he was very satisfied with the selection methods. It was recommended to approve the appointment of Officer Steven Grimm to the position of Patrol Sergeant, effective in December, 1989. 4. Compensation/Winter Recreation Leaders. It was recommended to approve a $0.50 per hour incentive for all winter recreation leaders who complete the season. 5. Winter Recreation Leaders. It was recommended to approve the persons as presented as winter recreation leaders for the 1989-90 winter season. B. License, Amusement Devices for POCKETS/Summit Amusement. Councilmember McCrea questioned if it was staff's recommendation to approve or deny the amusement device license. Police Chief Geagan explained that the applicant had made real efforts and recommended approval of the license. It was recommended to approve an amusement device license for Summit Amusement for 37 amusement machines at POCKETS located at 2020 Silver Bell Road. C. Approve Resolution Reguesting MnDOT Speed Limit Stud(Johnny Cake Ridge Road - Cliff Road to Diffley Road), It was recommended to approve a resolution requesting a MnDOT speed limit study (Johnny Cake Ridge Road - Cliff Road to Diffley Road) . D. Amendment to Development Contract, Hills of Stonebridge II. It was recommended to continue indefinitely the amendment to the Development Contract for the Hills of Stonebridge II. 31E Page 5/EAGAN CITY COUNCIL MINUTES December 5, 1989 E. Acce t Donated Property from West Publishin . It was recommended to approve acceptance of the barn from West Publishing Company as a donation and authorize the City Clerk to execute the IRS forms on behalf of the City of Eagan. F. APRlication for Exem tion from Lawful Gambling License Transportation Club of St. Paul and Minneapolis/Dennis Ellingson, Program Administer. It was recommended to approve the application for an exemption from lawful gambling license for the Transportation Club of St. Paul and Minneapolis. G. Final Plat Town Center 100 Fifth Addition Waterford A artment It was recommended to continue the final plat for Town Center 100 Fifth Addition (Waterford Apartment Project) indefinitely until such time as all documentation is in order. H. Final Plat George W. Giles Addition. Councilmember McCrea had questions regarding the matter. Community Development Director Dale Runkle recommended modifying conditions regarding the sidewalk only to Crestridge and also the restricted access. It was recommended to approve the final plat for George W. Giles Addition. I. Contract 88-10 Acknowledgement of Completion/Authorize Final Payment Ea andale Center Industrial Park 9th and 10th Addition - Streets and Utilit'es . City Administrator Tom Hedges requested the removal of the amount of $50,590.56. It was recommended to acknowledge completion of Contract 88-10 (Eagandale Center Industrial Park 9th and 10th Addition - Streets and Utilities) and authorize the seventh and final payment to Richard Knutson, Inc. J. Contract 88-30. Acknowledgement of Com letion Authorize Final Payment (South Oaks - Streets and Utilities). It was recommended to acknowledge completion of Contract 8'8-30 (South Oaks Addition - Streets and Utilities) and authorize the eighth and final payment to Landwehr Heavy Moving, Inc. in the amount of $9,225.14. 31F Page 6/EAGAN CITY COUNCIL MINUTES December 5, 1989 K. Contract 88 -KK Acknowledgement of Completion(Community of Joy Church - Utilities). It was recommended to acknowledge completion of Contract 88 -KK (Community of Joy Church - Utilities). L. Contract 85-R Acknowledgement of Completion UPS - Utilitigs). It was recommended to acknowledge the completion of Contract 85-R (UPS - Utilities). M. Contract 88-32. Acknowledgement of Completion/Final Payment _Well No 12 - PumPhouse and Facilities). It was recommended to acknowledge the completion of Contract 88-32 (Well No. 12 - Pumphouse and Facilities) and authorize the fifth and final payment of $12,337.71 to Shingobee Builders, Inc. N. Vacate Utility Easement Schedule Public Hearin Thomas Lake/Diffley Road-- Sanitary Sewed. It was recommended to receive the request to vacate a sanitary sewer and utility easement (Thomas Lake and Diffley Road) and schedule a public hearing to be held on January 2, 1990. Councilmember Wachter requested the City keep the speed study similar to that of the City of Apple Valley. Egan moved, Wachter seconded, the motion to approve the Consent Agenda items as presented, and authorize their implementation. All voted in favor. LEXINGTON WAY/VACATION OF PORTION OF WESTERLY RIGHT-OF-WAY City Administrator Tom Hedges summarized the history of the project and the necessity for the vacation. Gustafson moved, McCrea seconded, the motion to close the public hearing and approve the vacation of a portion of the westerly right-of-way of Lexington Way, subject to the retention of underlying utility easements for existing facilities. All voted in favor. PORTION OF TRUNK HIGHWAY 13 VACATION City Administrator Tom Hedges explained the necessity for the vacation to the Council. Wachter moved, Egan seconded, the motion to close the public hearing and approve the vacation of excess public right-of-way for a portion of Trunk Highway 13 and authorized the Mayor and City Clerk to execute all necessary documents. All voted in favor. 3/h Page 7/EAGAN CITY COUNCIL MINUTES December 5, 1989 PORTION OF CEDARVALE BOULEVARD VACATION City Administrator Tom Hedges introduced the matter. Public Works Director Tom Colbert recapped the staff report. He pointed out that the vacation may convey the property to Slater Estate and that a Quit Claim Deed to Cedarvale would be necessary. He stated an agreement may be unenforceable if the Center did not own the property. David Brown requested the Council's approval of the vacation. Councilmember Gustafson had concerns with approval. City Attorney Jim Sheldon stated approval could be subject to satisfactory title. Gustafson moved, Wachter seconded, the motion to close the public hearing and approve the vacation of a portion of Cedarvale Boulevard subject to the retention of an underlying utility easement for all facilities and further subject to obtaining clear title. All voted in favor. PROJECT 574/EAGANDALE CENTER INDUSTRIAL PARK/ STREET LIGHTS City Administrator Tom Hedges summarized the project. Public Works Director Tom Colbert presented the feasibility report. Councilmember Egan requested the assessment plan be clarified. Public Works Director Tom Colbert explained that the assessment plan had been clarified. Councilmember Egan requested clarification of the public and private street lights. Mr. Colbert explained that some of the street lights were specifically requested. McCrea moved, Gustafson seconded, the motion to close the public hearing and approve as modified Project 574 (Eagandale Center Industrial Park - Street Lights) and authorize installation by Northern States Power. All voted in favor. PROJECT NO. 583/PARK CENTER/STREETS AND UTILITIES Egan moved, McCrea seconded, the motion to close the public hearing and continue Project 583 (Park Center Addition - Streets and Utilities) to the December 19, 1989 City Council meeting. All voted in favor. PROJECT 578/SIBLEY TERMINAL INDUSTRIAL PARK/STORM SEWER City Administrator Tom Hedges introduced the project. Mark Hanson (BRAA) presented the feasibility report. John Westley (Lots 1 and 2) informed the Council his property would receive no benefit from the assessment. He felt the assessments were excessive and further discussed the project. Mark Hanson explained that to the best of his knowledge the drainage area was correct. Councilmember Egan questioned any costs for the easements. Mr. Hanson explained that the costs would not be significant. Councilmember Wachter point -ed out it was an old problem. &/ Page 8/EAGAN CITY COUNCIL MINUTES December 5, 1989 Gustafson moved, Wachter seconded, the motion to close the public hearing and approve Project 578 (Sibley Terminal Industrial Park - Storm Sewer) and authorize the preparation of detailed plans and specifications together with easement acquisition through condemnation, if necessary. All voted in favor. 1990 PROPERTY TAX LEVY City Administrator Tom Hedges presented the staff report. He distributed a handout (see Exhibit A attached hereto and incorporated herein). He gave an in-depth explanation of the budget allocations and the budget process. Jenny Baker, 1242 Mourning Dove Court, asked if there would be state homestead credit next year. City Clerk Gene Vanoverbeke stated that essentially there would be homestead credit. He explained that the credit was gone but that the home value was reduced. Councilmember Egan acknowledged that City Administrator Tom Hedges gave an excellent presentation in regards to the matter. Egan moved, Gustafson seconded, the motion to close the public hearing and authorize property tax levy certification to Dakota County for collectible 1990. All voted in favor. Egan moved, McCrea seconded, the motion to continue the proposed 1990 general fund budget to the December 19, 1989 City Council meeting for final ratification. All voted in favor. KINGSWOOD ADDITION/REQUEST REIMBURSEMENT/APPLICATION FEES Mayor Ellison stated that the item would be heard at the end of the Council meeting. Councilmember McCrea asked if the City's fees were competitive. Public Works Director Tom Colbert stated they were competitive regarding the engineering fees and in fact, the City of Eagan was cheaper. Egan moved, Wachter seconded, the motion to continue the request for reimbursement - Kingswood Addition to the end of the December 5, 1989 City Council meeting. All voted in favor. HUD PURCHASED PROPERTY/CANCELLATION/SPECIAL ASSESSMENTS City Administrator Tom Hedges explained the matter to the Council. Gustafson moved, McCrea seconded, the motion to cancel both the 1989 and 1990 installments of special assessments on the HUD purchased property, including interest and penalties due to Dakota County. All voted in favor. Page 9/EAGAN CITY COUNCIL MINUTES December 5, 1989 Gustafson moved, Egan seconded, the motion to authorize the prepayment of the total outstanding assessment balances from the park site acquisition development fund. All voted in favor. 1990 PROPOSED FEE SCHEDULE City Administrator Tom Hedges introduced the matter. He recommended continuing the rezoning and conditional use fees. Councilmember McCrea had questions regarding a fee for animal shelters. City Administrator Tom Hedges pointed out it was handled in the contingency fund. Councilmember McCrea felt the license fee should be raised rather than a general fund for the animal shelters. Councilmember Gustafson felt there should be a fee for cats. City Clerk Gene VanOverbeke pointed out that there was a fee for the picking up of cats. Councilmember Gustafson felt there was a need to increase the animal license fees. Councilmember Egan suggested discussing the matter at the workshop. Councilmember Wachter questioned various fees. Wachter moved, Gustafson seconded, the motion to approve with modification the 1990 fee schedule as proposed. All voted in favor. SOLID WASTE ORDINANCES City Administrator Tom Hedges presented the matter and explained the multiple dwelling problems. McCrea moved, Egan seconded, the motion to approve the proposed ane'-_ments to the Solid Waste Ordinance. All voted in favor. TIM AND CONNIE WHITE/VARIANCE/SIDE YARD SETBACK Community Development Director Dale Runkle presented the matter to the Council. Connie White (applicant) explained to the Council that building to the back would destroy the oak trees. She pointed out that there were no objections from the neighbors. Councilmember McCrea pointed out that there was a hardship. McCrea moved, Wachter seconded, the motion to approve the variance request by Tim and Connie White for a side yard setback to accommodate an expansion of a closet and bathroom in the master Broom of their existing single family home at Lot 5, Block 2, Oak .. ase 3rd Addition. All voted in favor. SAINTS MARTHA AND MARY EPISCOPAL CHURCH/ PRELIMINARY PLAT EXTENSION City Administrator Tom Hedges informed the Council that the developer had requested an extension of the preliminary plat. Community Development Director Dale Runkle stated that no new conditions were necessary. Reverend George Martin pointed out that the fund raising for the church had begun. Page 10/EAGAN CITY COUNCIL MINUTES December 5, 1989 Egan moved, McCrea seconded, the motion to approve an extension on the preliminary plat for Saints Martha and Mary Episcopal Church with no modifications to the conditions until November 30, 1990 to allow the Church to complete its capital fund raising drive and proceed with building plans during calendar year 1990. All voted in favor. CHEERS WINE AND SPIRITS/OFF-SALE LIQUOR LICENSE City Administrator Tom Hedges introduced the application to the Council. He explained that all license requirements were met. Gary Gandrud (representative for applicant) emphasized that Dan Herbst, 8400 Tower, Bloomington, was an exemplary applicant. Dan Herbst gave a background summary and explained it would be a service/specialty store. Councilmember Wachter felt the new Council should discuss the changes and plans. Councilmember Egan asked if there were any annual limitations on licenses. City Attorney Jim Sheldon explained that there was no limitation on licenses in the ordinance but that the City policy was one per year. Councilmember McCrea asked if there were geographical designations. City Administrator Tom Hedges stated there were no geographical designations. Councilmember Egan recapped the ordinance history and pointed out he would like to study the matter further. Mr. Gandrud reviewed the ordinance language and pointed out that it read that no license shall be approved prior to August 1. He reported that the applicant met ordinance standards. Richard Barone, 4893 Knottingham, informed the Council that he had applied on September 29, 1989 for a license and was told it would be on the Council agenda. He asked why the matter was not on the agenda. Councilmember Egan requested information from the staff. City Administrator Tom Hedges pointed out that the police department needed additional information. Councilmember Gustafson questioned the concern over clustering. He stated the decision should be left to the entrepreneur. He felt the application before the Council should be acted upon and that future meetings would be held regarding other applications. Councilmember McCrea remarked that the liquor for a good reason. Councilmember Council has the discretion to locate the would be served. Councilmember Gustafson be available in the future and that there w state allowed control over Egan pointed out that the licenses so that all areas stated more licenses would as a right to develop. Page 11/EAGAN CITY COUNCIL MINUTES December 5, 1989 Mayor Ellison declared that the City should not give monopolies and should encourage free enterprise. He stated that the population growth would provide more licenses and felt that looser restrictions were better. He stated the applicant was qualified and that the Council should act on the application. Councilmember Wachter explained that he was not saying the applicant was not qualified but felt that the new Council should plot a course. Councilmember Gustafson felt the matter should not be delayed. Gustafson moved, Ellison seconded, the motion to approve an off -sale liquor license application for Cheers Wine & Spirits to be located at the Rahncliff Crossings. Gustafson and Ellison voted in favor; Wachter, Egan and McCrea voted against. Councilmember Egan pointed out that his vote in no way reflected the merits of the application. . Egan moved, McCrea seconded, the motion to continue indefinitely the off -sale liquor license application for Cheers Wine & Spirits to allow further review of the dollars, geographic limits, households and procedure for handling overlapping of geographic applications. Wachter, Egan and McCrea voted in favor; Ellison and Gustafson voted against. XAVIER'S RESTAURANT/ON-SALE LIQUOR/CONDITIONAL USE PERMIT City Administrator Tom Hedges recommended continuing the matter to the same meeting the off -sale liquor applications are received. Carmen Connessa (applicant) informed the Council she was only notified on Thursday of the meeting and that she had applied over two months ago. City Administrator Tom Hedges pointed out that additional information was needed. Councilmember McCrea felt that the matter should also be laid over to the January City Council meeting for further Council review. City Attorney Jim Sheldon reported that the police department was very reliable and that a license was needed before a conditional use permit could be considered. Egan moved, Wachter seconded, the motion to continue indefinitely the conditional use permit to allow on -sale liquor at Xavier's Restaurant. Wachter, Ellison, Egan and McCrea voted in favor; Gustafson voted against. A & R PALLET-CRATING/CONDITIONAL USE PERMIT City Administrator Tom Hedges introduced the matter. Community Development Director Dale Runkle presented the application summary. Art Mulvihill (applicant) recapped the application. He informed the Council he had no problem with the proposed staff conditions. Gustafson moved, Egan seconded, the motion to approve a conditional use permit to allow outside storage in a Light Industrial district located on Lots 4 and 5, Block 1, Halley's First Addition ,6/ Page 12/EAGAN CITY COUNCIL MINUTES December 5, 1989 located east of Highway 3 in the southeast quarter of Section 26, as requested by A & R Pallet -Crating, subject to the following conditions: 1. All outside storage areas in non -paved areas shall be sodded or seeded to control dust and run-off. 2. Outside storage of pallets and materials shall not exceed ten (10) feet in height. 3. The applicant shall plant and maintain a triple row of staggered growth of evergreens along the north property line by May 31, 1990. All voted in favor. RAHNCLIFF CROSSINGS/PLANNED DEVELOPMENT AMENDMENT City Administrator Tom Hedges introduced the matter and stated that the Advisory Planning Commission recommended approval. Community Development Director Dale Runkle presented the application summary to the Council. Mark Smith (Rahncliff) explained the reason for the mix-up and stated the accident was on his part. Councilmember Egan asked why it was so close. Community Development Director Dale Runkle explained that it had been missed by staff review. Councilmember Egan felt it was a good compromise. Mayor Ellison questioned why the sign would not be installed east of the building. Mark Smith explained it would not be feasible because of the .setback requirements. Mayor Ellison pointed out that the Council could grant a variance for the setback. Mark Smith explained that Burger King wanted its sign located close to the entrance. Councilmember Gustafson commented he could understand Burger King's concern and felt that the Council should approve the amendment as presented. Councilmember Egan concurred with Councilmember Gustafson and stated that he felt that moving the sign further east would create other problems. Councilmember McCrea asked if the other signs complied with City Code. Community Development Director Dale Runkle reported that the other signs would comply. Community Development Director Dale Runkle recapped the back of the building signs. Mark Smith stated he was agreeing to all one color, individually lit letters and a one sign band on the rear of the building. 31M Page 13/EAGAN CITY COUNCIL MINUTES December 5, 1989 Egan moved, McCrea seconded, the motion to approve a Planned Development amendment to revise the overall pylon sign exhibit in'the Rahncliff Crossings Planned Development located south of Cliff Road and west of Highway 35E in the northwest quarter of Section 32, as requested by Rahncliff Crossings, Inc., subject to the following conditions: 1. The pylon sign shall be ten feet within the property line. 2. The applicant shall submit a plan for the pylon sign to the City for approval. 3. The Rahncliff Plaza sign to be removed. All voted in favor. KINGSWOOD ADDITION/REIMBURSEMENT REQUEST/APPLICATION FEES City Administrator Tom Hedges explained to the Council that notification may have been missed. Councilmember Egan felt the request was a weak argument for rebate. Gustafson moved, Egan seconded, the motion to approve a formal reimbursement in the amount of $1,470.00 as dedication credit for park land that was previously dedicated to the City as a part of the Blackhawk Park Planned Unit Development to Horne Development Corporation and further to deny the reimbursement of other fees for park land dedication, a variance procedure and drainage ease-:snts, said denial to be reconsidered if petitioner was not formally notified of the meeting. All voted in favor. SPECIAL CITY COUNCIL WORKSHOP City Administrator Tom Hedges recommended scheduling a special City Council workshop for December 12, 1989 at 6:30 p.m. Egan moved, Wachter seconded, the motion to approve a special City Council workshop for Tuesday, December 12, 1989 at 6:30 p.m. All voted in favor. PROJECT 572/CONTRACT 89-18 LEXINGTON WAY/STREET IMPROVEMENT/CHANGE ORDER NO. 1 Wachter moved, Gustafson seconded, the motion to approve Change Order No. 1 to Contract 89-18 (Lexington Way - Street Improvement) and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. Page 14/EAGAN CITY COUNCIL MINUTES December 5, 1989 PROJECT 461/RESCHEDULE PUBLIC HEARING YANKEE DOODLE ROAD IMPROVEMENTS/O'NEIL PROPERTY Gustafson moved, McCrea seconded, the motion to cancel the scheduled public hearing of December 19, 1989 for Project 461 (Yankee Doodle Road - O'Neil Property) and reschedule the public hearing for January 2, 1990 for Parcels 010-56 and 010-77 in the south half of Section 10. All voted in favor. COUNCIL DISCUSSION SENECA DEWATERING Community Development Director Dale Runkle informed the Council that the DNR hearing would be held on December 6, 1989 at 9:30 a.m. CHRISTMAS PARTIES City Administrator Tom Hedges reminded the Council of the Eagan Christmas Party to be held December 8, 1989 and also of the Dakota County luncheon. ADULT MAGAZINES Councilmember Gustafson stated that the adult magazines had been removed. He requested staff follow-up on the matter with thank -you letters. EXECUTIVE SESSION Mayor Ellison stated that the City Attorney requested an executive session to be held immediately following the City Council meeting to discuss pending litigation. CHECKLISTS Wachter moved, Gustafson seconded, the motion to approve the checklist dated November 20, 1989.in the amount of $254,266.78 and the checklist dated December 5, 1989 in the amount of $474,590.72. All voted in favor. ADJOURNMENT The December 5, 1989 City Council meeting was adjourned at 10:35 p.m. to the Executive Session. CITY OF EAGAN E. J. VanOverbeke, City Clerk &/ 0 N MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 5, 1989 A regular meeting of the Eagan City Council was held on Tuesday, December 5, 1989, at the Eagan Municipal Center. Present were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Community Development Director Dale Runkle, Public Works Director Tom Colbert and City Attorney James Sheldon. AGENDA City Administrator Hedges informed the Council that the MASAC resolution should be added under Department Head Business. He further recommended that the following items be continued: Public Hearings - E (Project 583/Park Center/Streets and Utilities) and New Business - G (Conditional Use Permit/Xavier's Restaurant). Egan moved, Wachter seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES November 21, 1989. Wachter moved, McCrea seconded, the motion to approve the minutes for the November 21, 1989 regular City Council meeting as presented. All voted in favor. MASAC RESOLUTION Egan moved, Wachter seconded, the motion to adopt a resolution requesting a continuance of the MASAC item concerning the presentation of the Mendota Heights study to their January 23, 1990 meeting. All voted in favor. FIRE DEPARTMENT/I-NET SERVICES/FIRE STATIONS 4 & 5 Egan moved, Gustafson seconded, the motion to authorize payment from retained franchise fees for the installation of both I -Net and Sub -Net to Fire Stations 4 & 5 at the reduced cost of $6,063.66. All voted in favor. PUBLIC WORKS DEPARTMENT/DAKOTA COUNTY FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM Wachter moved, Gustafson seconded, the motion to approve the Dakota County Highway 5 -year capital improvement program as amended. All voted in favor. Page 2/EAGAN CITY COUNCIL MINUTES December 5, 1989 POLICE DEPARTMENT/MISSION STATEMENT Gustafson moved, Wachter seconded, the emotion to approve the Mission Statement as developed by the Eagan Police Department. All voted in favor. SNOWMOBILE POLICY Gustafson moved, Egan seconded, the motion directing staff to prepare a snowmobile policy ordinance for Council review. All voted in favor. PARK MAINTENANCE ANALYSIS Councilmember Gustafson asked Director of Parks and Recreation Ken Vraa to prepare a report showing the cost of park maintenance. City Administrator Tom Hedges suggested discussing the matter during the work session. Councilmember McCrea pointed out she would like monitors to keep an eye on developer violations. CONSENT AGENDA A. personnel Item s. 1. Resignation/Police Officer. It was recommended to accept the resignation of Patrol Officer Tomma A. Freundshuh, effective December 17, 1989. 2. Investigative Sergeant Position. It was recommended to approve the creation of the position of investigative sergeant, effective in December, 1989 and to approve the appointment of Sergeant Ren Conyers to the position. 3. Patrol Sergeant Position. It bias tsbbm:Mended to approve the appointment of Officer Steven Grimm to thb position of Patrol Sergeant, effective in December, 1989. 4. Comi5endation/Winter Recreation Leaders. It was recommended to approve a $0.50 per hour incentive for all winter recreation leaders who complete the season. 3i4 Page 3/EAGAN CITY COUNCIL MINUTES December 5, 1989 5. Winter Recreation Leaders. It was recommended to approve the persons as presented as winter recreation leaders for the 1989-90 winter season. B. License Amusement Devices for POCKETS/Summit-A-M-usement. It was recommended to approve an amusement device license for Summit Amusement for 37 amusement machines at POCKETS located at 2020 Silver Bell Road. C. _Approve Resolution Reguesting_MnDOT Speed Limit Study (Johnny Cake Ridge Road Cliff Road to Diffley.,—Road). It was recommended to approve a resolution requesting a MnDOT speed limit study (Johnny Cake Ridge Road - Cliff Road to Diffley Road) . D. Amendment to Development Contract, Hills of Stonebridge II. It was recommended to continue indefinitely the amendment to the Development Contract for the Hills of Stonebridge II. E. Accept Donated Property from West Publishing. It was recommended to approve acceptance of the barn from West Publishing Company as a donation and authorize the City Clerk to execute the IRS forms on behalf of the City of Eagan. F. ARPlication for Exemption from Lawful Gambling License Transportation Club of St Paul and MinneaRolisfDennis Ellingson Program Administer. It was recommended to approve the application for an exemption from lawful gambling license for the Transportation Club of St. Paul and Minneapolis. G. Final PlatlTown Center 100 Fifth Addition (Waterford Apartment Prof eco . It was recommended to continue the final plat for Town Center 100 Fifth Addition (Waterford Apartment Project) indefinitely until such time as all documentation is in order. H. Final Plat, George W. Gies Addition. It was recommended to approve the final plat for George W. Giles Addition. /L Page 4/EAGAN CITY COUNCIL MINUTES December 5, 1989 I. Contract 88-10. Acknowledgement of CoppletionLAuthorize Final Payment (Eagandale Center Industrial Park 9th and 10th Addition - Streets and Utilities). It was recommended to acknowledge completion of Contract 88-10 (Eagandale Center tndustrial Park 9th and 10th Addition - Streets and Utilities) and authorize the seventh and final payment to Richard Knutson, Inc. J. Contract 88-30, Acknowledgement of Completion Authorize Final Payment (South Oaks - Streets and Utilities). It was recommended to acknowledge completion of Contract 88-30 (South Oaks Addition - Streets and Utilities) and authorize the eighth and final payment to Landwehr Heavy Moving, Inc. in the amount of $9,225.14. K. Contract 88 -KK. Acknowledgement of Completion (_Community of Joy Church - Utilities). It was recommended to acknowledge completion of Contract 88 -KK (Community of Joy Church - Utilities). L. Contract 85-R, Acknow_ledd ement of Completion (UPS - Utilities). It was recommended to acknowledge the completion of Contract 85-R (UPS - Utilities). M. It was recommended to acknowledge the completion of Contract 88-32 (Weil No. 12 - Pumphouse and Facilities) and authorize the fifth and final payment of $12,337.71 to Shingobee guilders, Inc. N. vacate Utility Easement/Schedule Public Hearing (Thomas Lake/Diffley Road - Sanitary Sewer). It was recommended to receive the request to vacate a sanitary sewer and utility easement (Thomas Lake and Diffley Road) and schedule a public hearing to be held on January 2, 1990. Egan moved, Wachter seconded, the motion to approve the Consent Agenda items as presented, and authorize their implementation. All voted in favor. 915 Page 5/EAGAN CITY COUNCIL MINUTES December 5, 1989 LEXINGTON WAY/VACATION OF PORTION OF WESTERLY RIGHT-OF-WAY Gustafson moved, McCrea seconded, the motion to close the public hearing and approve the vacation of a portion of the westerly right-of-way of Lexington Way, subject to the retention of underlying utility easements for existing facilities. All voted in favor. PORTION OF TRUNK HIGHWAY 13 VACATION Wachter moved, Egan seconded, the motion to close the public hearing and approve the vacation of excess public right-of-way for a portion of Trunk Highway 13 and authorized the Mayor and City Clerk to execute all necessary documents. All voted in favor. PORTION OF CEDARVALE BOULEVARD VACATION Gustafson moved, Wachter seconded, the motion to close the public hearing and approve the vacation of a portion of Cedarvale Boulevard subject to the retention of an underlying utility easement for all facilities and further subject to obtaining clear title. All voted in favor. PROJECT 574/EAGANDALE CENTER INDUSTRIAL PARK/ STREET LIGHTS McCrea moved, Gustafson seconded, the motion to close the public hearing and approve as modified Project 574 (Eagandale Center Industrial Park - Street Lights) and authorize installation by Northern States Power. All voted in favor. PROJECT NO. 583/PARK CENTER/STREETS AND UTILITIES Egan moved, McCrea seconded, the motion to close the public hearing and continue Project 583 (Park Center Addition - Streets and Utilities) to the December 19, 1989 City Council meeting. All voted in favor. PROJECT 578/SIBLEY TERMINAL INDUSTRIAL PARK/STORM SEWER Gustafson moved; Wachter seconded, the motion to close the public hearing and approve Project 578 (Sibley Terminal Industrial Park - Storm Sewer) and authorize the preparation of detailed plans and specifications together with easement acquisition through condemnation, if necessary. All voted in favor. 1990 PROPERTY TAX LEVY Egan moved, Gustafson seconded, the motion to close the public hearing and authorize property tax levy certification to Dakota County for collectible 1990. All voted in favor. Page 6/EAGAN CITY COUNCIL MINUTES December 5, 1989 Egan moved, McCrea seconded, the motion to continue the proposed 1990 genetal fdhd budget to the December 19, 1989 City Council meeting for final ratification. All voted in faVor. KINGSWOOD ADDITION/ REQUEST REIMBURSEMENT/APPLICATION FEES Egan moved, Wachter seconded, the motion to continue the request for reimbursement - Kingswood Addition to the end of the December 5, 1989 City Council meeting. All voted in favor. HUD PURCHASED PROPERTY/CANCELLATION/SPECIAL ASSESSMENTS Gustafson moved, McCrea seconded, the motion to cancel both the 1989 and 1990 installments of special assessments on the HUD purchased property, including interest and penalties due to Dakota County. All voted in favor. Gustafsbh moved, Egan seconded, the motion to authorize the prepayment of the total outstanding assessment balances from the park site acquisition development fund. All voted in favor. 1990 PROPOSED FEE SCHEDULE Wachter moved, Gustafson seconded, the motion to approve with modificatiah the 1990 fee schedule as proposed. All voted in favor. SOLID WASTE ORDINANCES McCrea moved, Egan seconded, the motion to approve the proposed amendments to the Solid Waste Ordinance. All Voted in favor. T1k AND CONNIE WHITE/VARIANCE/SIDE YARD SETBACK McCrea mcVed, Wachter seconded, the h6tion to approve the variance request by Tim and Connie White for a side yard setback to accommodate, an expansion of a closet and bathroom in the master bedroom of theft existing single family hoihe At Lot 5, Block 2, Oak Chase 3rd Addition. All voted in favor. SAINTS MARTHA AND MARY EPISCOPAL CHURCH/ PRELIMINARY PLAT EXTENSION Egan moved, McCrea seconded, the -motion to approve an extension on the preliminary plat for Saints Martha and Mary Episcopal Church with no modifications to the condition3 until November 30, 1990 to allow the Church to complete its capital fund raising drive and proceed with building plans during calendar year 1990. All voted in favor. '51 M Page 7/EAGAN CITY COUNCIL MINUTES December 5, 1989 CHEERS WINE AND SPIRITS/OFF-SALE LIQUOR LICENSE Gustafson moved, Egan seconded, the motion to approve an off -sale liquor license application for Cheers Wine & Spirits to be located at the Rahncliff Crossings. Gustafson and Ellison voted in favor; Wachter, Egan and McCrea voted against. Egan moved, McCrea seconded, the motion to continue indefinitely the off -sale liquor license application for Cheers Wine & Spirits to allow further review of the dollars, geographic limits, households and procedure for handling overlapping of geographic applications. Wachter, Egan and McCrea voted in favor; Ellison and Gustafson voted against. XAVIER'S RESTAURANT/ON-SALE LIQUOR/CONDITIONAL USE PERMIT Egan moved, Wachter seconded, the motion to continue indefinitely the conditional use permit to allow on -sale liquor at Xavier's Restaurant. Wachter, Ellison, Egan and McCrea voted in favor; Gustafson voted against. A & R PALLET-CRATING/CONDITIONAL USE PERMIT Gustafson moved, Egan seconded, the motion to approve a conditional use permit to allow outside storage in a Light Industrial district located on Lots 4 and 5, Block 1, Halley's First Addition located east of Highway 3 in the southeast quarter of Section 26, as requested by A & R Pallet -Crating and as recommended by the Advisory Planning Commission. All voted in favor. RAHNCLIFF CROSSINGS/PLANNED DEVELOPMENT AMENDMENT Egan moved, McCrea seconded, the motion to approve a Planned Development amendment to revise the overall pylon sign exhibit in the Rahncliff Crossings Planned Development located south of Cliff Road and west of Highway 35E in the northwest quarter of Section 32, as requested by Rahncliff Crossings, Inc. and as recommended by the Advisory Planning Commission. All voted in favor. KINGSWOOD ADDITION/REIMBURSEMENT REQUEST/APPLICATION FEES Gustafson moved, Egan seconded, the motion to approve a formal reimbursement in the amount of $1,470.00 as dedication credit for park land that was previously dedicated to the City as a part of the Blackhawk Park Planned Unit Development to Horne Development Corporation and further to deny the reimbursement of other fees for park land dedication, a variance procedure and drainage easements, said denial to be reconsidered if petitioner was not formally notified of the meeting. All votedin or. 0 i f Page 8/EAGAN CITY COUNCIL MINUTES December 5, 1989 SPECIAL CITY COUNCIL WORKSHOP Egan moved, Wachter seconded, the motion to approve a special City Council workshop for Tuesday, December 12, 1989 at 6:30 p.m. All voted in favor. PROJECT 572/CONTRACT 89-18 LEXINGTON WAY/STREET IMPROVEMENT/CHANGE ORDER NO. 1 Wachter moved, Gustafson seconded, the motion to approve Change Order No. 1 to Contract 89-18 (Lexington Way - Street Improvement) and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. PROJECT 461/RESCHEDULE PUBLIC HEARING YANKEE DOODLE ROAD IMPROVEMENTS/O'NEIL PROPERTY Gustafson moved, McCrea seconded, the motion to cancel the scheduled public hearing of December 19, 1989 for Project 461 (Yankee Doodle Road - O'Neil Property) and reschedule the public hearing for January 2, 1990 for Parcels 010-56 and 010-77 in the south half of Section 10. All voted in favor. COUNCIL DISCUSSION There was discussion regarding the Seneca Dewatering hearing set for December 6p 1989; upcoming Christmas parties; follow-up on the removal of adult magazines and the executive session. CHECKLISTS Wachter moved, Gustafson seconded, the motion to approve the checklist dated November 20, 1989 in the amount of $254,266.78 and the checklist dated December 5, 1989 in the amount of $474,590.72. All voted in favor. ADJOURNMENT The December 5, 1989 City Council meeting was adjourned at 10:35 p.m. to the Executive Session. CITY OF EAGAN E. J: VanOverbeke, City Clerk 31W Agenda Information Memo January 16, 1990, City Council Meeting RAHN ROAD - ST & UTILITY RECONSTRUCTION A. Project 584, Rahn Road (Street & Utility Reconstruction) --In response to continued concerns raised by the general public, the City Council, at the December 19, 1989, Council meeting, directed staff to prepare a feasibility report for the proposed reconstruction of Rahn Road and a related special assessment policy with a public hearing being scheduled for January 16, 1990. After several surveys and workshop sessions, a feasibility report was completed and is enclosed on pages >-3 through _We for the Council's information and review for this public hearing. On Tuesday, January 9, a neighborhood meeting was held with all potentially affected property owners to review th;, proposed improvements and related assessments. Enclosed on pages a through is a memo from the Public Works Director summarizing the issues and concerns that were raised at that meeting. Although this project is large and complex, the presentation will be abbreviated due to the fact that it was thoroughly discussed during this neighborhood meeting. Certainly, the staff will be available to go into greater detail in response to any specific concern or question as it may arise. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify/deny Project 584, Rahn Road (Street & Utility Reconstruction) and, if approved, authorize the preparation of detailed plans and specifications and related easement acquisition through condemnation if necessary. Report f or Rahn Road Reconstruction (Beau-D`Rue Drive to Shale Lane) Utility & Street Improvements Eagan, Minnesota City Project No. 584 November 1989 File No. 49307 5-3 Bonestroo Rosene Of._ AnderIlk & Associates Engineers & Architects St. Paul, Minnesota 5-3 Bones troo . Rosene Anderlik & Associates Engineers & Architects November 22, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Onto G Bonestroc PE Keith A Gordon PE Robert W Rosene PE Richard W Foster PE Joseph C Anderlik PE Donald C Burgardt PE Richard E Turner PE Jerry A Bourdon. PE James C Olson. PE Mark A Hanson PE Glenn R Cook PE Ted K Field PE Thomas E Noyes. PE Michae,T Rautmann.P.E Robert G Schunicht, PE Robert R Pfefferle, PE Marvin L Sorvala PE David O Loskota PE Thomas W Peterson PE Re: Rahn Road Reconstruction (Beau De Rue Drive to Shale Lane) Utility and Street Improvements Project No. 584 Our File No. 49307 Dear Mayor and Council: Michael C Lynch PE James R Maland PE Kenneth P Andersor PE Mark R Rolls PE Robert C Russek. A I A Thomas E Angus PE Howard A Sanford PE DanreiJ Edgerton PE Mark A Seip PE Philip J Caswell PE Mark D Wallis PE Thomas R Anderson A: A Gary F Ryiande• PE Miles B Jensen, PE L Phillip Grave iiPE Charles A Enck501" Leo M Pav✓elsky Hanar M. Olsor Susan M Eberllr, C PA Transmitted herewith is our report for Rahn Road Reconstruction from Beau De Rue Drive to Shale Lane. This report also covers utility improvements. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss this report. Yours very truly, BONESTR00, 0 ENE, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws ofth Sof innesota. f Z7�7,�,� Mark -A( Hanson 'r�llDate: November 22, 1989 Reg. No. 14260 Approved b�: Department o u is Works Date: be RPT49307 2335 West Highway 36 • St. Paul, Mi esota 55113 • 612-636-4600 RAHN ROAD RECONSTRUCTION (BEAU -DE -RUE DRIVE TO SHALE LANE) EAGAN, MINNESOTA PROJECT NO. 584 TABLE OF CONTENTS Page Number SCOPE 1 FEASIBILITY AND RECOMMENDATION 1 DISCUSSION 2 Streets 2 Utilities 5 RIGHT-OF-WAY/EASEMENT/PERMITS 6 AREA TO BE INCLUDED 7 COST ESTIMATE 9 ASSESSMENTS 9 REVENUE 11 PROJECT SCHEDULE 12 APPENDIX A - PRELIMINARY COST ESTIMATE 13 APPENDIX B - PRELIMINARY ASSESSMENT ROLL 17 APPENDIX C - ASSESSMENT POLICY AND CALCULATION 22 SUMMARY 24 APPENDIX D - ASSESSMENT PAYMENT PLAN 25 FIGURES 1-6 RPT49307 3 5� SCOPE: This project provides for the reconstruction of Rahn Road from Beau De Rue Drive to a point 150' south of Shale Lane. Also included in accordance with the Comprehensive Trail System Plan is the construction of an 8' wide bituminous trail along the east side of Rahn Road between Beau De Rue Drive and County Road No. 30 (Diffley Road). A 5' wide concrete sidewalk is pro- posed along the entire west side except where it presently exists north of Turquoise Trail. Rahn Road is considered a Community Collector and designated a Municipal State Aid Street. Property abutting Rahn Road for the most part is residential with the exception of a few large apartment complexes near Diffley Road and Beau De Rue Drive. City of Eagan Fire Station No. 1 and two churches also abut Rahn Road. In the fall of 1984, a public hearing was held which also proposed recon- structing Rahn Road from Beau De Rue Drive to Shale Lane. At that hearing, the project was denied and subsequently not constructed. Due to the continued deterioration of Rahn Road and the City's concurrence with the abutting resi- dences to have Rahn Road upgraded, it has been recommended to reconsider the upgrading of Rahn Road at this time between Beau De Rue Drive and Shale Lane. The design street section proposed at this time is very similar to the design sections proposed in 1984. FEASIBILITY AND RECOMMENDATION: The project is feasible from an engineering standpoint and is in accordance with street reconstruction policies in the City of Eagan. The project as outlined herein can best be carried out as one contract. Rahn Road is designated as a Municipal State Aid Street in the City of Eagan. Therefore, the plans must be prepared in accordance with Municipal State Aid Standards and be submitted to the State Aid Office for their review and approval. Furthermore, Rahn Road will have to be upgraded in accordance with Municipal State Aid Standards based on projected traffic counts. Page 1 RPT49307 1�5 DISCUSSION: Street: Rahn Road from Beau De Rue Drive to Shale Lane was previously constructed in three parts. The portion from Diffley Road to Turquoise Trail was constructed in 1966. The portion from Turquoise Trail to Beau De Rue Drive was constructed in 1967-1968. While the remaining portion from Diffley Road to a point 150' south of Shale Lane was constructed in 1969. The existing sidewalk from Beau De Rue Drive to Turquoise Trail abutting the apartments was constructed in 1975 while the existing bituminous trail from Diffley Road to Shale lane was just recently constructed. The existing typical street section based on soil borings is a 1-1/2" - 2" thick bituminous surface constructed over zero to 16 inch aggregate base. The street was constructed to a 36 feet width with a machine laid bituminous curb. Due to the amount of traffic it experiences, the structural condition of Rahn Road has deteriorated to a point where constructing a bituminous overlay would provide no economic benefit. Soil borings have also shown that the existing gravel base has become contaminated with unstable subgrade soils. The sub - grade soils north of Diffley Road are a sandy and clay loam which are not structurally stable soils for street construction. Therefore, it is recom- mended Rahn Road be completely reconstructed with a new gravel base, bitu- minous surface, and concrete curb and gutter. Rahn Road is considered a community collector street in the City of Eagan and funnels traffic to higher density collectors and arterial streets, such as Diffley Road, Cliff Road, and T.H. No. 13. Projected traffic counts (average daily traffic, ADT) for Rahn Road (year 2010) based on the Eagan Transporta- tion Study are listed below: Page 2 . RPT49307 31 Based on the forecast traffic volumes, existing conditions, and state aid design standards, it is recommended that a 44 foot wide roadway be constructed in the section between Diffley Road and Shale Lane, where it will match the existing 44' wide roadway south of Shale Lane. This cross-section will pro- vide two traffic lanes with a parking/stalled vehicle lane on both sides of the street. All street widening (existing 36' wide to 44' wide) will occur on the east side of the street, so the west curb line will be maintained in its current location. As previously mentioned, an 8' wide bituminous trail was recently constructed by the City on the east side. Therefore, a 5' wide concrete sidewalk will be constructed on the west side maintaining an 8' wide boulevard between the sidewalk and curb. Between Beau De Rue Drive and Diffley Road, it is recommended a 38 foot wide roadway be constructed which will require widening the existing roadbed from 36' to 38'. This cross-section will provide two 14' wide driving lanes and a 10' wide parking lane which is the minimum State Aid design standard for this section of roadway based on the projected traffic counts. The parking lane will be provided on the east side. It is also proposed to construct an 8' wide bituminous trail along the entire east side maintaining an 8' wide boulevard. A 5' wide concrete sidewalk will be constructed along the west RPT49307 Page 3 . Existing Projected 2010 ADT Rahn Road 1988 ADT (1.52 Annual Growth Rat Diffley Road to Beau De Rue Drive North of Diffley Road 6785 9160 South of Beau De Rue Drive 5998 8097 Diffley Road to Shale Lane South of Diffley Road 2545 3436 South of Shale Lane 2760 3726 Based on the forecast traffic volumes, existing conditions, and state aid design standards, it is recommended that a 44 foot wide roadway be constructed in the section between Diffley Road and Shale Lane, where it will match the existing 44' wide roadway south of Shale Lane. This cross-section will pro- vide two traffic lanes with a parking/stalled vehicle lane on both sides of the street. All street widening (existing 36' wide to 44' wide) will occur on the east side of the street, so the west curb line will be maintained in its current location. As previously mentioned, an 8' wide bituminous trail was recently constructed by the City on the east side. Therefore, a 5' wide concrete sidewalk will be constructed on the west side maintaining an 8' wide boulevard between the sidewalk and curb. Between Beau De Rue Drive and Diffley Road, it is recommended a 38 foot wide roadway be constructed which will require widening the existing roadbed from 36' to 38'. This cross-section will provide two 14' wide driving lanes and a 10' wide parking lane which is the minimum State Aid design standard for this section of roadway based on the projected traffic counts. The parking lane will be provided on the east side. It is also proposed to construct an 8' wide bituminous trail along the entire east side maintaining an 8' wide boulevard. A 5' wide concrete sidewalk will be constructed along the west RPT49307 Page 3 . side between Turquoise Trail and Diffley Road also maintaining an 8' wide boulevard. The street widening will occur on the east side between Diffley Road and Jade Lane and on the west side between Jade Lane and Beau De Rue Drive. Figure No. 1 located at the back of this report presents the typical roadway width for Rahn Road between Shale Lane/Diffley Road and Diffley Road/Beau De Rue Drive. In addition, in order to safely and efficiently accommodate increasing traffic volumes in the future, it will be necessary to widen Rahn Road on its southbound approach to Diffley Road and on its northbound approach to Beau De Rue Drive. The proposed six foot widening will permit two approach lanes to both intersections greatly facilitating turning movements and increasing capacity efficiency. Signing and pavement markings are necessary to promote proper lane use. At Beau De Rue Drive, most traffic proceeding northbound on Rahn Road turns right to Trunk Highway 13. To reduce delays to motorists, construction of a northbound right -turn lane is proposed. A minor amount of widening is required and the design is shown on Figure No. 2. Parking would be prohibited on both sides of Rahn Road for a short distance south of Beau De Rue Drive. No additional right-of-way is required. The Diffley Road -Rahn Road intersection is expected to warrant traffic signals by 1995. In order to insure that these signals operate efficiently, two approach lanes on Rahn Road - one for left turns, and one for through vehicles and right turns is required. Therefore, it is recommended the additional traffic lanes and conduits be constructed at this time so the traffic signal can be constructed in the future with minimal disruption to the RPT49307 Page 4 . street. Figure No. 3 shows the recommended design and lane use for this intersection. To minimize the amount of widening required, parking will be prohibited at all times on both sides of Rahn Road between Zircon Lane and Chipmunk Court. Additional right-of-way will only be required in the north- east quadrant at Diffley Road. Utilities: Sanitary sewer, water main, and storm sewer presently exist in Rahn Road. These utilities have been inspected and evaluated to determine if any upgrades are required in conjunction with the street reconstruction. The most significant improvement is the replacement of the existing S" and 6" cast iron pipe (CIP) watermain between Beau De Rue Drive and Diffley Road as shown in Figure No. 4. This section of water main was installed in 1960 and has experienced many breaks since that time. The breaks for the most part are due to the existing water main material consisting of cast iron rather than Ductile Iron pipe. In addition, 17 new water services are also required due to their existing condition. Also included is the proper number of valves and fittings. The storm sewer has also been inspected and analyzed to determine its adequacy based on current design standards. It's recommended two storm sewer segments be reconstructed as shown on Figure No. 5. These segments include the existing system between Turquoise Trail and Pond AP -1 located in Woodhaven Park. The other section includes the existing storm sewer system between Carnelian Lane east and west of Rahn Road. In addition, due to the condition of the existing catch basin structures and the fact they will need to be adjusted vertically and horizontally to align with the new concrete curb, it is recommended new catch basin structures be constructed at all locations. Page 5 . RPT49307 O The review of the sanitary sewer system indicated only manhole adjustments and a few new castings will be required. A minor amount of repair and clean- ing will be necessary within the sewer lines. RIGHT-OF-WAY/EASEMENTS/PERMIT: Sufficient right-of-way exists south of Diffley Road to Shale Lane. However, north of Diffley Road to Beau De Rue Drive for the most part only 66' of street right-of-way exists which is not adequate for the street widening, boulevard requirements and sidewalk/trail construction. An additional 4' of street right-of-way is required. Adequate right-of-way does exist north of Parcel 011-52 on the east side of Rahn Road to the southerly line of Ken Appelbaum Addition. Therefore, it is recommended the street widening through this section occur on the east side. North of Ken Appelbaum Addition to Turquoise Trail, it is recommended the street widening occur on the west side which is impacted less than the east side. North of Turquoise Trail to Beau De Rue Drive, it is recommended the street widening occur on the east side. Listed below are the required permanent easements: Parcel Descri tion Permanent Easement SW 1/4, SECTION 19 Parcel 050-09 360 Sq.ft. WOODHAVEN ADDITION Lot 1, Block 1 465 Lot 6, Block 1 174 Lot 7, Block 1 324 SE 1/4, SECTION 19 CEDAR GROVE NO. 3 Lot 11, Block 4 300 Lot 12, Block 4 300 Lot 12, Block 6 360 Lot 13, Block 6 360 RPT49307 Page 6 . 4( CEDAR GROVE NO. 3 Lot 16, Block 7 Lot 17, Block 7 Lot 44, Block 8 Lot 45, Block 8 SW 114, SECTION 20 Parcel 011-52 NW 114, SECTION 19 Parcel 010-28 Parcel 010-29 CEDAR GROVE NO. 5 Lot 10, Block 3 Lot 11, Block 3 TOTAL - Continued 360 360 510 339 1,645 1,425 525 360 360 ..................... 8,527 Sq.ft. A permit is required from the Minnesota Department of Health for the water main reconstruction between Diffley Road and Beau De Rue Drive. A permit is also required from Dakota County at Diffley Road (Co. Rd. No. 30). AREA TO BE INCLUDED: The area to be included for assessment purposes is listed below: NE 114 SECTION 19 Parcel 010-10 Parcel 020-10 Parcel 031-10 Parcel 050-09 WOODHAVEN ADDITION Lot 1, Block 1 (020-01) Lot 1, Block 1 (030-01) Lot 1, Block 1 (040-01) Lot 1, Block 1 (050-01) Lot 6, Block 1 Lot 7, Block 1 Outlot A Page 7 . RPT49307 SE 114, SECTION 19 CEDAR GROVE NO. 1 Lots 1 thru 6, Block 9 Lots 11, Block 11 CEDAR GROVE NO. 3 Lot 8, Block 3 Lot 11, 12, Block 4 Lot 17, Block 7 CONTINUED NEXT PAGE NW 114, SECTION 20 Parcel 010-28 Parcel 010-29 NW 114, SECTION 20 CEDAR GROVE NO. 5 Lot 10, 11, Block 3 SW 114, SECTION 20 Parcel 011-52 CEDAR GROVE NO. 5 Lot 9 thru 16, Block 4 Lot 15, Block 13 KEN APPELBAUM ADDITION Lot 1, Block 2 EAGAN OF THE GREEN Lot 1, Block 1 HIGH SITE TERRACE Lot 1, Block 1 NW 114, SECTION 29 MEADOWLAND FIRST ADDITION Lot 104, Block 1 SONS ADDITION Lot 1, 2, Block 1 NE 1/4, SECTION 30 CEDAR GROVE NO. 2 Lot 30 thru 47, Block 1 CEDAR GROVE NO. 4 Lot 18 thru 26, Block 1 Lot 1, Block 2 In addition, certain residential parcels abut onto Rahn Road and are not proposed to be assessed. Because these parcels are impacted by the construc- tion, they are listed below: SE 1/4, SECTION 19 CEDAR GROVE NO. 1 Lot 12, Block 11 CEDAR GROVE NO. 3 Lot 7, Block 3 Lot 12, 13, Block 6 Lot 16, Block 7 Lot 43, 44, 45, Block 8 KEN APPELBAUM Lot 13, Block 1 RPT49307 Page 8 . W-3 NW 1/4, SECTION 29 MEADOWLAND FIRST ADDITION Lot 27, 28, 41, 42 thru 46, 80, 81, 90, 91 thru 96, 103, Block 1 Lot 1, Block 4 (011-04) Lot 1, Block 4 (012-04) NE 114, SECTION 30 Lot 1, Block 1 Lot 17, Block 1 COST ESTIMATE: Detailed cost estimates are presented at the back of this report in Appendix A. A summary of these costs are as follows: Street $1,026,330 Utilities - Water Main 178,630 Storm Sewer 129,190 Sanitary Sewer 25,_120 TOTAL.......................... $1,359,270 The total estimated project cost as outlined herein including contingen- cies and all related overhead is $1,359,270. Overhead costs are estimated at 25% and include legal, engineering, administration and bond interest. ASSESSMENTS: Assessments are proposed to be levied against the benefited property as shown on Figure No. 6. A preliminary assessment roll is included at the back of this report in Appendix B. All assessments will be revised based on final costs and will be spread over a 15 year period at an interest rate determined at the bond sale. Assessments are proposed to be levied in accordance with Eagan's Special Assessment Policy for Reconstructing Existing Streets. In determining the assessment rates for Rahn Road, the street costs presented in Appendix A were separated for street reconstruction, concrete curb, and sidewalk. To determine the assessable footage, the total length of street was determined and all intersections/street rights-of-way were subtracted from the street length to determine the assessable footage. The assessable footage is 12,774 front feet (F.F.). Appendix C located at the back of this report details the assessment policy and the calculations used to determine assessment rates for this RPT49307 Page 9 . project. Basically the assessment policy for reconstructing existing streets is separated into 3 categories to determine the appropriate rates and credits. These categories are listed below: Reconstruct/Land Use Factor - Table 1 Street Width/Zoning Factor - Table 2 Street Classification/Low Density Residential Factor - Table 3 The Reconstruct/Land Use Factor presented in Table 1 shows the percentage to be assessed for each type of construction based on land use. Concrete curb does not exist along Rahn Road, therefore, all costs associated with concrete curb, driveway, and boulevard restoration are proposed to be assessed as shown in Table 1. Rahn road is being reconstructed, therefore, the costs associated with street reconstruction are to be assessed in accordance with the percent- ages shown in Table 1. The Street Width/Zoning Factor as presented in Table 2 shows the percent credit for roadway width based on zoning and land use. For this project, the street width credit applies only to low density property due to the design width for Rahn Road. The Street Classification/Low Density Residential Factor shown in Table 3 shows the percent credits for low density property based on the road classification. As indicated Rahn Road is desig- nated a community collector. Double frontage lots (corner lots) with full access are proposed to be assessed similar to single frontage full access lots while double frontage lots with no access are not proposed to be assessed. However, double frontage lots with secondary access are proposed to be assessed based on 75Z credit for their full frontage abutting the roadway. RPT49307 Page 10. 4S A summary is presented in Appendix C showing the assessment rates and credits used to determine the assessment rates for this project. Listed below are the assessment rates based on land use. RAHN ROAD RECONSTURCTION ASSESSMENT RATES Total Assessment Rate Low Density Full Driveway Access (Single and Double Frontage Lots) $31.39/F.F. Secondary Driveway Access (Double Frontage Lot) $22.44/F.F. No Driveway Access (Doublerrontage Lot) 0 High Density $73.30/F.F. Commercial/Industrial $73.30/F.F. Utility upgrades for water main, storm sewer, and sanitary sewer are not proposed to be assessed. REVENUE: Revenue sources to cover the cost of this project as listed below: Project Cost Revenue Balance STREET Street $1,026,330 Street Assessment $442,424 $1,026,330 $442,424 -$583,906 UTILITIES Water Main $178,630 Storm Sewer 129,190 Sanitary Sewer 25,120 $332,940 - 0 - -$332,940 Page 11. RPT49307 The deficit for street (-$583,906) will be the responsibility of the major street fund. The deficit for the sanitary sewer and water utilities (-$203,750) will be the responsibility of their respective renewal and replace- ment funds. The storm sewer deficit of $129,190 will be the responsibility of the Trunk Storm Sewer Fund. PROJECT SCHEDULE Present Feasibility Report Public Hearing Approve Plans and Specifications Open Bids/Award Contract Complete Construction Assessment Hearing First Payment Due with Real Estate Taxes RPT49307 Page 12. 41 December 19, 1989 January 16, 1990 Spring 1990 Spring 1990 Fall 1990 Spring 1991 May 1992 APPENDIX A PRELIMINARY COST ESTIMATE RAHN ROAD RECONSTRUCTION PROJECT NO. 584 A. STREET IMPROVEMENTS a.) Beau De Rue Drive to 150' South of Shale Lane RPT49307 UCS ANTITY 27,720 25 20,000 2,000 25,000 5,300 3,520 2,650 680 1,500 35 15 1,060 42 16,000 1 +30% Legal, Engrng., Admin. & Bond Interest TOTAL..................................... Page 13. TOTAL COST $ 41,580 12,500 60,000 8,000 137,500 53,000 36,960 29,150 95,200 2,250 7,000 2,250 23,320 37,800 3,200 10,000 $559,710 27,990 $587,700 176,320 $764,020 UNIT STREET RECONSTRUCT UNIT PRICE Remove bituminous surface S.Y. $ 1.50 Tree removal or transplant Each 500.00 Common excavation C.Y. 3.00 Subgrade excavation C.Y. 4.00 Class 5 aggregate base Ton 5.50 Bituminous base course Ton 10.00 Bituminous binder course Ton 10.50 Bituminous wear course Ton 11.00 Bituminous material for mixture Ton 140.00 Bituminous material for tack coat Gals. 1.50 Adjust manhole and catch basin Each 200.00 Adjust gate valve and box Each 150.00 15" RCP Storm Sewer L.F. 22.00 Std. CBMH & CB w/cstg. Each 900.00 Pavement striping L.F. 0.20 Signal Conduits & Handholes L.S. 10,000.00 Total +5Z Contingencies RPT49307 UCS ANTITY 27,720 25 20,000 2,000 25,000 5,300 3,520 2,650 680 1,500 35 15 1,060 42 16,000 1 +30% Legal, Engrng., Admin. & Bond Interest TOTAL..................................... Page 13. TOTAL COST $ 41,580 12,500 60,000 8,000 137,500 53,000 36,960 29,150 95,200 2,250 7,000 2,250 23,320 37,800 3,200 10,000 $559,710 27,990 $587,700 176,320 $764,020 Page 14. RPT49307 UNIT UNIT TOTAL TOTAL CONCRETE CURB PRICE UNIT PRICEUNITY 5' Wide concrete sidewalk w/ COST B618 Concrete curb & gutter L.F. $ 5.00 14,200 $ 71,000 Driveway restoration Each 400.00 63 25,200 Sod w/topsoil Total S.Y. 1.50 20,000 30,000 +51 Contingencies Total , 3,300 $126,200 +51 Contingencies $ 69,270 +301 Legal, 6,310 Admin. & Bond Interest 20,780 TOTAL..................................... $132,510 +301 Legal, Engrng., Admin. & Bond Interest3�9 750 TOTAL..................................... $172,260 Page 14. RPT49307 UNIT TOTAL SIDEWALKITRAIL UNIT PRICE QUANTITY COST 5' Wide concrete sidewalk w/ S.F. S 1.60 26,250 $ 42,000 granular base 8' Wide Bit. Trail w/granular base S.F. 0.70 34,240 23,970 Total $ 69,970 +51 Contingencies , 3,300 $ 69,270 +301 Legal, Engrng., Admin. & Bond Interest 20,780 TOTAL..................................... $ 90,050 Page 14. RPT49307 B. UTILITY IMPROVEMENTS a.) Water Main UNIT 8" DIP Water main L.F. 8" Gate valve & box Each Fittings Lbs. Connect to existing 8" CIP Each 1" Type "K" copper L.F. 1" Corporation Stop Each 1" Curb stop and box Each Mechanical trench compaction L.F. Total 17 +52 Contingencies b.) Storm Sewer UNIT Storm sewer PRICEUte ANTITY $ 18.00 4,820 500.00 20 1.50 8,000 600.00 13 8.00 770 50.00 17 100.00 17 1.00 5,590 +302 Legal, Engrng., Admin. & Bond Interest TOTAL..................................... TOTAL COST $ 86,760 10,000 12,000 7,800 6,160 850 1,700 5.590 $130,860 6,550 $137,410 41.220 $178,630 36" RCP Storm sewer L.F. $ 44.00 500 $ 22,000 30" RCP Storm sewer L.F. 38.00 770 29,260 27" RCP Storm sewer L.F. 34.00 220 7,480 24" RCP Storm sewer L.F. 30.00 250 7,500 18" RCP Storm sewer L.F. 26.00 230 5,980 Std. 6' dia. MH w/cstg. Each 1,500.00 4 6,000 Std. 41 dia. MH w/cstg. Each 1,000.00 11 11,000 6" PVC Perforated drain pipe L.F. 10.00 200 2,000 Improved pipe foundation L.F. 2.00 200 400 Mechanical trench compaction L.F. 1.00 3,030 3,030 Total $ 94,650 +52 Contingencies 4,730 $ 99,380 +302 Legal, Engrng., Admin. & Bond Interest 29,810 TOTAL...................................... $129,190 Page 15. RPT49307 5 C. SANITARY SEWER A. STREET IMPROVEMENTS a.) Street Reconstruct $ 764,020 b.) Concrete Curb 172,260 c.) Sidewalk/Trail 90,050 B. UTILITY IMPROVEMENTS a.) Water Main 178,630 b.) Storm Sewer 129,190 c.) Sanitary Sewer 25,120 TOTAL ............................. $1,359,270 Page 16. RPT49307 51 UNIT TOTAL UNIT PRICEUQ ANTITY COST Reconstruct sanitary sewer L.F. $ 30.00 80 $ 2,400 Adjust MH w/new casting Each 500.00 32 16,000 Total $ 18,400 +52 Contingencies 920 $ 19,320 +30X Legal, Engrng., Admin. & Bond Interest 5,800 TOTAL...................................... $ 25,120 A. STREET IMPROVEMENTS a.) Street Reconstruct $ 764,020 b.) Concrete Curb 172,260 c.) Sidewalk/Trail 90,050 B. UTILITY IMPROVEMENTS a.) Water Main 178,630 b.) Storm Sewer 129,190 c.) Sanitary Sewer 25,120 TOTAL ............................. $1,359,270 Page 16. RPT49307 51 APPENDIX B PRELIMINARY ASSESSMENT ROLL RAHN ROAD RECONSTRUCTION PROJECT NO. 584 Parcel 1, Front Assessable (020-01) Total Description $31.39 Footage Footage RatelF.F. Assessment NE i/4, SECTION 19 38.48 38.48 31.39 1,207 Parcel 010-10 150 150 $73.30 $ 10,995 Parcel 020-10 220 220 73.30 16,126 Parcel 031-10 1,245 1,245 73.30 91,259 Parcel 050-09 110 110 73.30 8,063 WOODHAVEN ADDITION Lot 1, Block 1 (020-01) 38.48 38.48 $31.39 $ 1,208 Lot 1, Block 1 (030-01) 38.48 38.48 31.39 1,207 Lot 1, Block 1 (040-01) 38.48 38.48 31.39 1,208 Lot 1, Block 1 (050-01) 38.48 38.48 31.39 1,207 Lot 6, Block 1 Lot 58.00 58 31.39 1,820 Lot 7, Block 1 11, 108.48 108.48 31.39 3,405 Outlot A 299.70 299.7 31.39 9,408 $145,906 SE 114. SECTION 19 Cedar Grove No. 1 Lot 1, Block 9 137.88 137.88 $31.39 $ 4,328 Lot 2, Block 9 85 85 31.39 2,668 Lot 3, Block 9 85 85 31.39 2,668 Lot 4, Block 9 85 85 31.39 2,668 Lot 5, Block 9 85 85 31.39 2,668 Lot 6, Block 9 75 75 22.44 1.683 Lot 11, Block 11 110 110 31.39 3,453 Page 17. RPT49307 5-2- Parcel Description Cedar Grove No. 3 Lot 8, Block 3 Lot 11, Block 4 Lot 12, Block 4 Lot 17, Block 7 NW 114, SECTION 20 Front Assessable Footage Footage 195.21 195.21 110 110 110 110 130 130 Parcel 010-28 Total Rate/F.F. Assessment $31.39 $ 6,127 22.44 2,468 31.39 3,453 31.39 4,081 90 $ 36,265 Parcel 010-28 475 475 $73.30 $ 34,817 Parcel 010-29 175.52 175.52 73.30 12,866 Cedar Grove No. 5 90 90 31.39 2,825 Lot 10, Block 3 120 120 $31.39 $ 3,767 Lot 11, Block 3 120 120 31.39 _ 3,767 $ 55,217 SW 114, SECTION 20 Parcel 011-52 235 235 $73.30 $ 17,226 Cedar Grove No. 5 Lot 9, Block 4 95 95 $31.39 $ 2,982 Lot 10, Block.4 90 90 31.39 2,825 Lot 11, Block 4 90 90 31.39 2,825 Lot 12, Block 4 90 90 31.39 2,825 Lot 13, Block 4 90 90 31.39 2,825 Lot 14, Block 4 90 90 31.39 2,825 Lot 15, Block 4 90 90 31.39 2,825 Lot 16, Block 4 100.01 100.01 31.39 3,139 Lot 15, Block 13 119 119 31.39 3,735 RPT49307 Page 18. S-3 Parcel Front Assessable Total Description Footage Footage _ Rate/F.F. Assessment Ken Appelbaum Addition Lot 1, Block 2 155 155 $73.30 $ 11,362 Eagan on the Green Lot 1, Block 1 388.87 388.87 $73.30 $ 28,504 High Site Terrace Lot 1, Block 1 583 583 $73.304$ 2,734 $126,632 NW 1i4, SECTION 29 Meadowland First Addition Lot 104, Block 1 90 90 $31.39 $ 2,825 SONS ADDITION Lot 1, Block 1 125 125 $31.39 $ 3,924 Lot 2, Block 1 85 85 31.39 2,668 $ 9,417 RPT49307 Page 19. S Parcel Description NE 1/4, SECTION 30 Cedar Grove No. 2 Lot 30, Block 1 Lot 31, Block 1 Lot 32, Block 1 Lot 33, Block 1 Lot 34, Block 1 Lot 35, Block 1 Lot 36, Block 1 Lot 37, Block 1 Lot 38, Block 1 Lot 39, Block 1 Lot 40, Block 1 Lot 41, Block 1 Lot 42, Block 1 Lot 43, Block 1 Lot 44, Block 1 Lot 45, Block 1 Lot 46, Block 1 Lot 47, Block 1 Cedar Grove No. 4 Lot 18, Block 1 Lot 19, Block 1 Lot 20, Block 1 Lot 21, Block 1 Lot 22, Block 1 Lot 23, Block 1 Lot 24, Block 1 Lot 25, Block 1 Lot 26, Block 1 Lot 1, Block 2 RPT49307 Front Assessable Total Footage Foote Rate F.F. Assessment 110 110 $31.39 $ 3,453 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 95.73 95.73 31.39 3,005 90 90 31.39 2,825 75 75 31.39 $ 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 75 75 31.39 2,354 90 90 31.39 2,825 121.96 121.96 22.44 2,737 Page 20. ss $ 68,987 NE 1/4, SECTION 19 $145,906 SE 1/4, SECTION 19 36,265 NW 1/4, SECTION 20 55,217 SW 1/4, SECTION 20 126,632 NW 1/4, SECTION 29 9,417 NE 1/4, SECTION 30 68,987 $442,424 Page 21. RPT49307 C Le V APPENDIX C ASSESSMENT POLICY AND CALCULATION RAHN ROAD RECONSTRUCTION PROJECT NO. 584 A.) RECONSTRUCT/LAND USE FACTOR TABLE 1 PERCENTAGE TO BE ASSESSED City Std. Upgrade (New Concrete Curb Low Density 1002 (Ag. R-1,2,3 Neighborhood Parks) ($13.49/FF)(1) High Density Residential 1002 (R-4 Schools, Churches Fire Station, Comm. Parks) ($13.49/FF) Commercial/Ind. 1002 ($13.49/FF) Remove & Overlay Sidewalk Reconstruct Only Trail Seal Coat 75Z 50Z OI 02 ($44.86/FF)(2) (NA) (NA) (NA) 1002 75Z 02 01 ($59.81/FF)(3) (NA) (NA) (NA) loot 1002 1002 oZ ($59.81/FF) (NA) (NA) (NA) (1) New concrete curb rate for Rahn Road ($172,260 ; 12,774 F.F. - $13.49/F.F.) (2) Reconstruct rate for low density on Rahn Road ([$764,020 ; 12,774 F.F.] x (0.75) - $44.86/F.F.) (3) Reconstruct rate for high density, commercial industrial Rahn Road ([$764,020 s 12,774 F.F.] x (1.00) - $59.81/F.F.) Page 22. S% B.) STREET WIDTH/ZONING FACTOR Street Width Rahn Road Responsibility Width Credit Low Density 32' 20.21 (1) High Density 44' 0 Commercial/Ind. 52' 0 (1) Credit determined as follows: 32' versus 38' (7,9171); 32 ; 38 x 100 - 84.22 32' versus 44' (4,857'); 32 ; 44 x 100 - 72.7Z (0.842 [7,917' 12,774'] + 0.727 [4,857' 12,774']) x 100 - 79.8Z Credit - 1002 - 79.82 - 20.22 C.) STREET CLASSIFICATION/LOW DENSITY RESIDENTIAL FACTOR (SC/LDRF) TABLE 3 PERCENT CREDIT (1) Rahn Road is designated a community collector. RPT49307 Page 23. Local Neighborhood Community (1) Street Collector Collector Arterial (Credit) (Credit) (Credit) (Credit) Single Frontage Full Access OZ 02 50Z 75Z Double Frontage Lots (Corner Lot)_ Single Full Access 02 02 502 100% Secondary Access 502 502 751 100% No Access 1002 1002 1001 100% (1) Rahn Road is designated a community collector. RPT49307 Page 23. SUMMARY RAHN ROAD RECONSTRUCTION RATE/FF Reconstruct/ Land Use Factor New Curb + Reconstr. - Low Density Full Access $13.49/FF $44.86/FF Secondary Access 13.49 44.86 No Access 0 0 High Density $13.49 $59.81 Comm/Ind. $13.49 $59.81 Street Width/ Zoning Factor SC/LDRF Credit - Credit Total $9.06/FF(l) $17.90/FF(2) $31.39/FF(4) 9.06 26.85/FF(3) 22.44/FF(5) 0 0 0 0 0 $73.30/FF 0 0 $73.30/FF (1) Rate equals reconstruct rate ($44.86) times 20.22 credit ($44.86/FF x 0.202 - $9.06/FF. (2) Rate equals reconstruct rate ($44.86) minus width Credit ($9.06) times 502 credit. ([$44.86 - $9.06] x [0.50] = $17.90) (3) Rate equals reconstruct rate ($44.86) minus width Credit ($9.06) times 752 credit ([$44.86 - $9.06] x [0.75] - $26.85) (4) Rate equals new curb rate (13.49) plus reconstruct rate ($44.86) minus width Credit (9.06) minus SC/LDRF credit ($17.90) ($13.49 + $44.86 - $9.06 - $17.90 = $31.39) (5) Rate equals new curb rate ($13.49) plus reconstruct rate ($44.86) minus width Credit (9.06) minus SC/LDRF credit ($26.85) ($13.49 + $44.86 - $9.06 - $26.85 - $22.44) RPT49307 Page 24. S7 APPENDIX D ASSESSMENT PAYMENT PLAN RAHN ROAD RECONSTRUCTION CITY PROJECT NO. 584 The assessment for Rahn Road Reconstruction can be paid at the time of the assessment hearing or paid as part of your property tax. If the property owner elects to make payment with their property tax, the City will allow the payment to be made over a 15 year period based on a graduated payment plan. The amount of interest will be determined based on the bond sale financing this project. Assessments for KdhL1 Road Reconstruction against residential property vary between $2,400 and $3,200 per lot dependent on the front footage. Listed below are the yearly and monthly payments for a $2,400 and $3,200 assessment for the 1st year and 15th year. The payments would decrease evenly between the 1st year and 15th year. The interest amount is estimated at 102. Assessment = $2,400 Yearly Monthly 1st Year $400 $33 15th Year $176 $15 Assessment - $3,200 1st Year $533 $44 15th Year $234 $20 Page 25. RPT49307 / / REV: DEC. 1969 WEST EAST z z g L'w Q o z 0 z Q } W-� > m > J 3 m J WQx 3: Z = = Z UY W z o F- H Y H cr Ln d N z a F' I' 5' 8.5' 10' 1 12' 12 10' m FE EX (STING w R 36 r, 103' SHALE LANE TO DIFFLEY ROAD NO ADDITIONAL RIGHT OF WAY REQUIRED WEST EAST 66'- 73' I', 5-p-L I� 8.5' 14' 14' 10 8.5' 8' W W z z W z Q Q J J Q CA J > >„ W J Z cQ z z > > z �J Y Q H zoo 0° m a mP U N O 6 (A z DIFFLEY ROAD TO BEAU—D—RUE 4' ADDITIONAL RIGHT OF WAY REQUIRED WHERE RIGHT OF WAY= 66' RAHN ROAD RECONSTRUCTION..,, TYPICAL LANE USE Aft*wlfft + Asmclsiee EAGAN, MINNESOTA - CITY PROJECT No. 584 Dote: NOV 1989 Comm. 49307 � . No. 1 9 / / REV: DEC. 1969 r RAHN ROAD RECONSTRUCTION RECOMMENDED LANE USE RAHN ROAD AT BEAU -D -RUE EAGAN, MINNESOTA CITY PROJECT No. 584 Aeoww Ara ri* A AraelMl" coaN0 a �o EaM," NL -4 3% 'De 0e aL O ,& ftbs� Dote:. Comm. NOV. 1989 49307 Fig. NO. 2 (� 2 REV: DEC. 1886 LANE • sy Z a a: PARKING PERMITTED ON BOTH SIDES SOUTH OF CHIPMUNK CT. s.• 4J4 PARKING PERMITTED ON EAST SIDE I ONLY NORTH OF ZIRCON LANE RAHN ROAD RECONSTRUCTION RECOMMENDED LANE USE RAHN ROAD AT DIFFLEY ROAD EAGAN, MINNESOTA CITY PROJECT No. 584 NO PARKING ON EITHER SIDE BETWEEN ZIRCON LANE AND CHIPMUNK COURT. ADDITIONAL R.O.W. REQUIRED DIFFLEY ROAD (C.S.A.H. No. 30) CHIPMUNK "''_' COURT 100 C 100 Scale in Feet l!/_3 REV: DEC. 1989 l�ae•� ■ 1 roo a •,� r..• a y+rr U..v AnddWIlk Aawo�wele as r r W.....• Date:. NOV. 1989 Comm'.49307 FI . No. 3 9 l!/_3 REV: DEC. 1989 LL Q i O d LL \ A 1 \ OUTLOT D 1 PUBLIC LAND � 1 y.+ v N LL I 3 2 3 L18 C 5 4 6 5 4 t6 CL 6 7 8 1617 1 1 6 10 9 3 14 10 9 11 12 3336 1 3736 39 40 41 42 43 t6 1 7 6 44 ecuLTrONI" U 115 2 21 6 7 6 9 1011 1 45 I 14 3 20 1314 5 23 24 23 ZZ 13 14 1 4 10 19 1 26 21 20 15 16 I 12 S 11 16 9 2 FLIM U 27 4 5 B 1918 17 11 6 12 17 8 3 O 28 3 7 6 I 10 7 13 16 4 70 29 2 C4RNEL AN U 1 21 9' D 11 12 19 6 14 i s B 5 C,y�FjLAp/ LA 20191817 15114,13112 11 10 7 8 5 1 Z J 6 51 13 232 213 • 5! 6 I t3 tZ 11 10 9 8 7 6 5 J" U 72 7 B ,1 JADE' U 21 2 1 1 a 1514 13 12 I KEN AppELSAUM ADD I 1 O!� 617 2 J 4 5 6 7 I 1916 9 0 1 13 4 I LAGAN ON THE At 11 3 13 t I LL. 2423 4 t2 Q ZZ 5 11 2 I 17 21 6 14 3 to 16 20 1 9 4 I 16 19 6 8 5 1 so 13 1 4311 1111019 7 6 I 80, )( ZPCON LA w 1 2 1314 15LB 1.7 6 1 90 11 I 011-52 22 21 9 16 7 16 8 14 3 12 -----------J------ 2 L�FiIE1'RD. 3 2 1 6 5 4 3 2 1 31 39 2 21 27 7 6 9 47 37 10' L�tIFWMK Cr 11 46 47 43 2 41 30 19 1 27 1 12 45 '� 0 600 1200 Scale in feet 0 0 000 rz '' 0 0 C 2 0 L. 0 a' •_W�� C � • SWES ONE LA FUNr u CARNEL AN U BADE LA 44*0 4 Q9kAt 2fJFLON LA d a O a mmar D �7� PUBLIC LAND ma mm v© a�a mai �a 0� �® o© ®®mm0000 rOM°m°omm�°mmm�m 14040 A►FW Ra St 3 34 2++61 27 7 S 9 10 47 37 11 47 477." 2 ♦1 30 i�:%W Cr 17,-97-12rn 12 45 39 4) ani O CO 0 600 1200 iia f—� Scale in feet c z� U Cr) OC) OM Cr) � O z E E 2 U O z •w Co -W O O ao ' p O Oz U C E •o o •- w C U J&' JPO / 7 8 910 1, I Ott -52 n / 1615141312 I V DIFFLEY RD - �! 2 1 I Z e ' '0 4 �-- CHIPMUNK CT A CEDAR 11 , 41 cy , 12 1 WOODS N PARK 2 13 I 27 q i p GROVE Q14 4 1 15 4 I 42 16 I 43 r. 2 6 I 17 44 1 a1 4S + 010-28 NO 2 V% 6 19 Z 9 I 20 311 `6 70 1 211 8t 82 11 22 11— 031-10 .ti I 12 23 34 BADGER CT a 5 1 4 13 4 3 1 9 e 6 25 32 0 / 26 31 a0 7 0 t 27 2 0 14 - 92 0 i 9 11 9 - -t— TURQUOISE TR t5 16 7 94 y]� ® 41 42� 43 16 1 I t6 15 is I 94 BLUESTONE LA 5 +.5: 2 CEDAR 17 14 9 I 95 CEDAR t a5 14 3 I CEDAR OL 7 2 21 , 96 GROVE 1314' ` I GROVE r1� 11 22 1 27 120 15 6 12' 5 FLINT LA y+ 9' ' 1 t 6 I GROVE a 9 10 0, SONS ADD 25 61 - i0j 7 1 2 26 2 2 { 103 9"10'11 2 9 8 I NO 3 ® ' ,-- - CARNELL4N LA - SHALE LA t f't6�5� I 14.'3.12, 1 KEN NO 4 3 2 1 I 1 4'13 1 O CARNELIAN LA _ 13 12 ' 11 B 9 I1 o 1 - — JADE LA ' ® t6 15114.131 ® APPLE84UAI ADD JADE LA ®3,4567 1': EAGAN CEDAR ON THE GROVE 15 4 I ,• GREEN 13 1 I C NO t 12 5 11 2 1 ; v 6 10 3 I HIGH SITE 7 9 E '1 7 5 ' TERRACE 0 U ZIRCON LA 6-- i� c L` �` \ LL. 011-52 0% —> ,6 514 3 2(D -0 ->" :e ' \ DIFFLEY RD.- - -- J c o 4 3 2 10) 0 2a 29 31 Q © s ,o 4 7 1 CHIPMUNK CT 31 46 0, t 11 12 5 I 47764T54. 0 = l 0 600 1200 Scale in feet Arm O f+ 'Mq W o � GO C CO C Ci 0 V .0 co V a a� W ♦+ C r U MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JANUARY 12, 1990 SUBJECT: PROJECT 584, RAHN ROAD RECONSTRUCTION - NEIGHBORHOOD MEETING SUMMARY On Tuesday January 9 from 6:30 to 8:45 p.m., a neighborhood meeting was held in the Council Chambers to discuss the proposed improvements associated with the above -referenced project. Of the 98 notices mailed out, 44 individuals representing 34 properties registered their attendance at this meeting with their property location referenced by the attached map. The City was represented by the Public Works Engineering and Maintenance Divisions, the Parks Department and the consulting engineering firm. This report will summarize the issues and concerns discussed at that meeting. PRESENTATION A detailed explanation and/or summary of the information in the report was discussed for the following areas: • History of Rahn Road and its proposed reconstruction and similar projects in Cedar Grove. • Design width requirements and constraints required by Municipal State Aid Standards (MSAS) based on traffic count projections (see attached). • Sanitary sewer, water and storm sewer reconstruction. • Sidewalks and trailways (location, width and need justification). • Financing (special assessment policy, major street fund, project cost split). • Schedule. Upon completion of the presentation, the following concerns were expressed by the residents in the apparent order of significance. A. ROAD WIDTH REOUIREMENTS/ON-STREET PARKING NEEDS Concern: What is the reason for the varying street widths? Response: The street width is widened out at the intersections with Beau D'Rue Drive and Diffley Road to 44' to accommodate two through lanes and a dedicated turn lane. This is the minimum width required without providing any on -street parking. North of Diffley Road beyond the major intersection lane configuration, the minimum width required by MSAS is 38' which provides for two 14' traffic lanes and one 10' parking lane proposed for the east side only between Zircon and Mount Calvary Church. Insufficient right-of-way exists allowing for the U07 Page 2 installation of a second parking lane along the west side in addition to the proposed sidewalk and trailway. South of Diffley Road, a continuation of the existing 44' roadway from south of Shale to Diffley Road would maintain continuity in providing for two 14' driving lanes and a 10' parking lane on each side with no street width transition necessary to accommodate the major intersection at Diffley Road. In addition, adequate right-of-way exists to accommodate this minimum urban design. Concern: Why not eliminate 101 parking lane and reduce street width accordingly? Response: If no on -street parking is provided, the minimum width allowed by MSAS is 36' or a reduction of only 21. This slight reduction in road width was not deemed significant in relationship to the benefit received from a parking/stalled vehicle lane. Summary: In spite of these explanations, there was an overwhelming response to eliminate any proposal for on -street parking. B. SIDEWALK/TRAILWAYS Concern: Why is a trailway and/or sidewalk proposed? Response: • Rahn Road needs trailways because of its functional classification as a Community Collector roadway with the following major pedestrian attractions/generators: • High density developments along entire route. • Community shopping centers at both ends. • Rahn School at south end. • Community parks (Woodhaven and Rahn) and Highline Trail corridor. • Designated bus route with bus stops and Park & Ride sites. • Interconnection of community trailway system at major intermittent crossings of project length. Other Reasons • Continuity/continuation of existing sidewalk/trailway. • In conformance with the 1981 City adopted Bikeway/Trails Plan and the Park Systems Plan for Rahn Road specifically. • Off-street system necessary projected traffic volumes for due to existing and safety purposes. Page 3 Concern: Trailway installation on east side north of Diffley will result in private driveway parking blocking the trailway. Response: That is why an on -street parking lane is provided to accommodate those parking needs without conflicting with the trailway (see enclosed sketch "A" and "B"). Concern: Who will be responsible for the maintenance of these trailways? Response: Presently, the City has a policy of all sidewalks and trailways being considered 113 -season" with no winter snow and ice maintenance responsibilities delineated or required of the City or the property owner. Concern: What will happen to the trees that are presently located within the proposed sidewalk/trailway alignment? Response: While a detailed location/design study has not been performed yet, it is anticipated that the trail would be adjusted and located to minimize the number of conflicts with existing trees. It is anticipated that "significant mature trees" would be relocated with a mechanical tree spade as a part of the project. The relocation of other lesser trees/ landscaping would be at the discretion of the property owner. Larger trees incapable of being relocated would be removed. Concern: Why does the sidewalk/trailway have to be 8' from the back of curb? Response: This has been the City standard to provide an adequate separation of pedestrians from high traffic volume streets, allow space for hydrants, street lights, street signs, mailboxes, etc., and adequate area for snow storage. Summary: Due to the conflicts with private driveways, fire station vehicles and significant trees, there was an overwhelming position that the sidewalks and trailways should not be installed. C. ASSESSMENTS Concern: With Chipmunk Court and Badger Court obtaining their only access from Rahn Road, why were they not included in the assessment area? Response: The long-term City policy has been to require adjacent property owners only to participate in the cost of installing and/or reconstructing the street immediately adjacent to their property. �4 � Page 4 Concern: Why isn't the 40'+/- pipeline easement deleted from assessable frontage? Response: Although there is an easement over the property, that property retains ownership responsibilities and can use that space for open space and general lawn area. Therefore, it was considered assessable footage. D. CONSTRUCTION COORDINATION Concern: Will there be adequate dust control during construction? Response: The contract will include a specification requirement for adequate dust control through the use of water truck. However, it was emphasized that it will be "dirty" during construction. Concern: Will the existing overhead utilities be buried with this project? Response: Although current franchise agreements require all new utility installations to be buried where none existed before, the relocation of existing overhead facilities is at the discretion of the affected private utility company. However, the City will strongly encourage the utility companies to bury their facilities as a part of this project. Concern: Is it better to have private driveways reconstructed before or after the project? Response: Although it cannot be included in the City contract, property owners will be given information to contact the contractor directly in hopes of receiving a favorable bid if it is done while the contractor is there doing the street improvement. E. TRAFFIC CONTROL Concern: Elimination of the existing potholes and replacement with a wider smoother street will tend to encourage greater traffic volumes at greater speeds. Response: The speed limit will remain as posted at 30 m.p.h. Staff does not predict traffic volumes will increase because of the road improvement as they will be using this route anyhow. The Police Department continues to perform periodic enforcement measures along this roadway (verified by a neighbor recently ticketed). Page 5 Concern: Can anything be done with the hill and the curve on the north end of Rahn Road near Beau D'Rue Drive? Response: The City presently identifies this segment of roadway on its high priority snow and ice control area. Modifications to the approach grade will be performed to the extent that adjacent property elevations and existing right-of-way permits. Concern: Can the 4 -way stop be eliminated at the intersection of Beau D'Rue Drive allowing Rahn Road unrestricted flow through this intersection? Response: The staff will evaluate this intersection with traffic counts to determine if the existing 4 -way stop is warranted. Further analysis will address this issue at a later date. F. RIGHT-OF-WAY ACQUISITION REQUIREMENTS Concern: How much right-of-way needs to be acquired and from whom? Response: In order to accommodate the proposed 38' roadway width, 8' bituminous trail and 6' sidewalk with 8' boulevards within the existing 66' right-of-way, it is estimated that at least 2' would have to be acquired from each side or 4' from one side for that section north of Diffley Road. Additional right-of-way would have to be acquired from Cedar Grove Baptist Church where the existing right- of-way is less than 66' and the roadway has to be wider (441) to accommodate turn lanes. South of Diffley Road, no additional right-of-way acquisition is necessary. Concern: What will be the compensation for any right-of-way acquired? Response: The City will negotiate with property owners individually and offer a fair market value for the property to be acquired. G. EXTENT OF UTILITY RECONSTRUCTION Concern: With the recent water main breaks south of Diffley Road, why isn't that water main section being considered for reconstruction? Response: The recent water main breaks have occurred subsequent to the analysis and feasibility report preparation. '71 Page 6 Additional analysis will be performed based on this recent information and a recommendation will be made at the time detailed plans and specifications are presented to the Council. SUMMARY In summary, a great majority of the property owners did not want to have any trailway/sidewalk installed and to have the street narrowed to eliminate any on -street parking proposal primarily due to the impact it would have on the existing trees and vegetation and perceived encroachment into their existing established front yard area. As a result of this neighborhood meeting, I feel the affected property owners are well informed and able to discuss the merits and philosophy of the project without requiring additional detailed information. The staff would be happy to expound on many of the responsesthat have been condensed in this report at the time of the public hearing if the public or the Council should so desire. Director of Public Works TAC/ jj 7 8 9 0 11 I o,1-52 16 514 3 12 1 aFFLEr RD 5 4 3 2 I e 9 10 �-- CHIPMUNK CT C£dIR 111 12 1 41 KN Po 2 13 I 27 WoODKA Oti 3 1 14 C O� C G9i0VE 4 15 4 I 42 W S 16 I 43 6 I 17 44 I s 10-2E NO 2 Q 0 19 20 "= 10 1 21 1 6 62 031-10 14 23 BADGER CT ' S 4 13 4 1 25 32 26 I 60 to I 7 � 27 6 /0 I 91 9 [1:1 1• - —� 92 Q - TllRQLIOISE TR 15 16 7 94 IS at IZ 13 16 1 16 t5 1 94 BL UESTONE LA CEW 171 ♦ 045 CEW a) 1 45 ' 3 CEDAR Q� \ 1 2 2 I 9e GROVE 13 4 1' GROVE dr 21 20 15 6 I 12 S V' FLINT LA 1918 „ 6 I CROVf 10 7 i 6 9' 011 2 1 CARNELIAN LA NO 3 17 1 4 13 12 Q1 KEN NO i ,6 a i CARNELIAN LA , 11 11 11 9,101 _ — MADE LA 16 15er I ? m APPLEAVM ADD �+ 14 131 V 00 ®3 456'7 Ia EAGAN �z (D1 ON THE ®1615 GREEN 4 Q 13 �1 12 I `, S 1% I 6 /0 3 4 I HACH SITE * 9 ' ' U 6 e I _3 TERRACE 7 e 9 o I CHIPMUNK CT 2 25 103 ...,.— I SHALE LA 2 , I 0 600 1200 Scale in feet �3 z 0 i 0 z E D U 0 �+ V 00 U) ow) C C �z Q 0 'o CdCm(L W c r U �; AMING' /0/ - ,�s QI w IL VER p S g iB1 10 s �� a .?���nOPW�' m¢ f LSERpEN'lNE co `� `a�� nv tiP ACON1 Y <I��JLegRalc .G - 1 �wr .la �1m �R. ail DO/ALj `v cT.=I= `� --•-� - - 1 W f %r r . JADE ---Z�1 N. CC z ¢, _ C4q`�[' "^/l�'C4 9 20 J u ql CIR. 7-1 14. O TZrti CL 3�• o • ao o i1RCON 666 _J rnr-I ao�i 1z SP»SLI 5. lop , °I <q Com.' �' a i`f <b -4_�l T _ 1._-rl--SH4LF- — J�JL Apr z< 'rt • .__ _.r ._. a SIX MN DR!VFPFNNF i z513c/ (� i �\ F. XAM STAT ION =-- 36 V 351] 1� % �� \ � ..ur. , rn RAHN WA, I� ? FULLY _ DEra�1 C CCr �SJha I o lij C, e i C'. r• � A. tr i � I BEEtHERf�' 1175 -To 3,105 LINO 1,785 1977 3.440 1,314 1,976 1981 2,400 3,140 1 stio 1984 5,800 3.300 1,740 1985 5,456 R 1986 G,000 _3 709 34550 --S,/SO 1987 8'w 5.446 2,384 1989 5,998 6,785 2, 545 2,740 Rdio 9017 9/e,0 34/34v 37AG Now 16 y KARJj 2 a V c a a f - PARKING LANE DRIVING LANE DRIVING LANE - SIDEWALK -If- ---- - - Agenda Information Memo January 16, 1990, City Council Meeting COVENTRY PASS 2ND ADDN - STORM SEWER B. Project 587, Coventry Pass 2nd Addition (Storm Sewer) --With the recent development of the Coventry Pass, Hills of Stonebridge and Country Hollow developments, the existing rural ditch section of Dodd Road (Old County Road 63) is no longer able to handle the accumulated runoff without adversely affecting portions of the adjacent developments. Subsequently, the Council authorized the preparation of a feasibility report which has been Completed ands being presented to the Council for their information and review on pages through � You will note that there are no special assessments proposed with this project as all property within the drainage basin have previously been assessed their trunk area storm sewer improvements. This storm sewer system is part of the future street drainage system required with the future upgrading of Dodd Road. It is anticipated that these costs will be added to the future costs and assessed with that future road improvement when it occurs. However, all property owners who would be affected by the construction of this facility have been notified of this public hearing to allow them an opportunity to address any concerns they may have. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve Project 587 (Coventry Pass 2nd Addition - Storm Sewer) and authorize the preparation of detailed plans and specs. a9p Deport for Coventry Pass 2nd Addition (Dodd Road) Storm Sewer Improvements Project No. 587 Eagan, Minnesota December 1989 File No. 49502 ni Bonestroo Rosene Anderilk & Associates Engineers & Architects St. Paul, Minnesota ni Bonestroo Rosene Anderiik & Associates Engineers & Architects December 19, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Otto G Bonestroo PE Kelm A Goroon PE Robert NV Rosene PE RiChard W Foste• PE Joseph C AnderliK PE Donald C Burgardt PE Richard E Turner, PE Jerry A BDJrdon, PE James C Olson PE Mark A Hanson. PE. Glenn R Cook, PE Ted K Field PE Thomas E Noyes PE M,chael T Rautmann, PE Robert G Schunicht PE Robert R Pfeffene. PE Marvin L Sorva,a. PE David C Loskota. PE Thomas W Peterson. PE Re: Coventry Pass 2nd Addition (Dodd Road) Storm Sewer Improvements Project No. 587 File No. 49502 Dear Mayor and Council: Micnae, C Lynch. PE James R Maland. PE Kenneth P Anderson PE Mark R Rolfs PE Robert C Russek A; A ThomasE Angus PE rroward A Sanford PE Daniel i Edgertor PE Mark A Seip. RE Philip 1 Caswel, PE MarK D Wa',s PE Tno'nas R A^de,sor A! A Gay F Ryiande, RE Maes B Jerse, PE Pnih.- Grave? PE Charies A Er.CKsor Lec M Pawelwk Harlan M Olsor Ssan M Eberlm CPA Transmitted herewith is our report for Coventry Pass 2nd Addition Storm Sewer Improvements. Also included is a preliminary cost estimate. 4;e will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss this report. Respectfully submitted, BONESTR00 ROSEN , ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of th Stat of nnesota. L� rk A. Hanson, P.E. Dat .Aecember 19, 1989 _ Reg. No. 14260 Approved by,,: Deppa ttment of P orks Date: �y/•�� • �d� �g9 RPT49502 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 SCOPE: This project provides for the construction of storm sewer within Dodd Road abutting Coventry Pass 2nd Addition and Hills of Stonebridge Plat No. 2. Coventry Pass 2nd Addition and Hills of Stonebridge Plat No. 2 are two new residential plats abutting Dodd Road between Co. Rd. No. 30 (Diffley Road) and Elrene Road. Two storm sewer extensions are proposed which are required due to the increased development in the area and due to the fact the existing drainage in Dodd Road is being conveyed over land to an area in Country Hollow Addition which can't handle the runoff from Dodd Road. Presently, Dodd Road is a rural section road with ditches and no storm sewer. Therefore, because the storm sewer system in Country Hollow is not adequately sized to collect the runoff ---Jm Dodd Road and it's always been planned that the drainage in Dodd Road be conveyed westerly to Pond JP -22, it's proposed at this time to construct a portion of the ultimate storm sewer system to serve Dodd Road. In the future when Dodd Road is upgraded to an urban section with concrete curb, additional storm sewer will be extended from the storm sewer proposed herein. FEASIBILITY AND RECOMMENDATIONS: The project is feasible from an engineering standpoint and is in accordance with the recently updated Comprehensive Storm Sewer Plan for the City of Eagan. The project as outlined herein can best be carried out as one contract or combined with a similar type project. DISCUSSION: Storm sewer proposed herein includes the extension of storm sewer from two existing storm sewer systems as shown on the attached drawing. The northerly storm sewer system includes a 21"storm sewer extended from the existing 21" storm sewer in Bradford Place at Dodd Road which discharges directly into Pond JP -22. Presently the existing 21" storm sewer receives only the discharge from Pond JP -26 (approximately 5 cubic feet per second) and Page 1. RPT49502 was intended to receive additional runoff from Dodd Road. The storm sewer will extend northeasterly along the east side of Dodd Road to the most south- erly cul-de-sac in Coventry Pass 2nd Addition which accesses onto Dodd Road. The southerly storm sewer system includes a 24" storm sewer extended east- erly to Dodd Road from the newly constructed storm sewer in Hills of Stone- bridge Plat No. 2 which discharges directly into Pond JP -22. The newly con- structed storm sewer was also designed to collect additional runoff from Dodd Road. The storm sewer proposed herein will be constructed across the back of Lots 6 and 7, Block 1 of Hills of Stonebridge Plat No. 2 and extended across Dodd Road. The storm sewer will collect runoff from both the easterly and westerly ditch along Dodd Road which presently drains overland to the east bide of Dodd Road into Country Hollow Addition. Ditch blocks will be con- structed in the existing ditches to collect storm water runoff from Dodd Road and the surrounding area. EASEMENTS PERMITS: Construction proposed herein is included within existing drainage and utility easements or street right-of-way. Therefore, no perma- nent easements are required. It is also anticipated no temporary construction easements will be required. However, during preparation of detailed plans if it's determined temporary easements are required, they will have to be ac- quired from the effected property owners. COST ESTIMATES: Detailed cost estimates are presented in Appendix A located at the back of this report. The total estimated project cost as outlined herein including contingencies and all related overhead is $62,990. Overhead costs are estimated at 302 and include legal, engineering, administration, and bond interest. Page 2. RPT49502 ASSESSMENTS: Storm sewer proposed herein would be required when Dodd Road is ultimately upgraded to an urban section with concrete curb. However, due to the development in the area and increasing drainage concerns, a portion of the ultimate storm sewer system in Dodd Road should be installed at this time. Therefore, because the ultimate complete storm sewer system is not being constructed, it is not recommended to assess the storm sewer as proposed at this time. In the future when Dodd Road is upgraded and the ultimate storm sewer system is constructed and completed, the City should determine if it's appropriate to incorporate storm sewer costs incurred for this project with the future project for Dodd Road upgrade. REVENUE: Storm sewer costs presented herein are not proposed to be assessed �t this time. Therefore, project costs presented herein ($62,990) will be the responsibility of the Major Street Fund. PROJECT SCHEDULE Present Feasibility Report Public Hearing Approve Plans and Specifications Open Bids/Award Contract Complete Construction December 19, 1989 January 16, 1990 Spring 1990 Spring 1990 Summer 1990 Page 3. RPT49502 APPENDIX A PRELIMINARY COST ESTIMATE COVENTRY PASS 2ND ADDITION (DODD ROAD) STORM SEWER IMPROVEMENTS PROJECT NO. 587 Connect existing force main to storm sewer Each 1 500.00 Unit Total L.F. 200 Unit Quantity Price Cost 24" RCP Storm sewer in pl. L.F. 320 $ 36.00 $11,520 21" RCP Storm sewer in pl. L.F. 600 30.00 18,000 Std. 4' dia. MH w/casting Each 3 1,000.00 3,000 Std. CB MH w/casting Each 2 900.00 1,800 21" RCP flared end w/trash guard Each 2 1,000.00 2,000 Rip rap C.Y. 10 50.00 500 Street repair in Dodd Road S.Y. 150 30.00 4,500 Connect to existing storm sewer Each 2 500.00 1,000 Connect existing force main to storm sewer Each 1 500.00 500 Improved pipe foundation L.F. 200 2.00 400 Mechanical trench compaction L.F. 920 1.00 920 Clear & grub trees L.S. 1 500.00 500 Seed w/fertilizer & mulch Ac. 1 1,500.00 1,500 $46,140 +52 Contingencies 2,310 $48,450 +302 Legal, Engrng., Admin. & Bond Interest 14,540 TOTAL STORM SEWER IMPROVEMENTS ............ $62,990 Page 4. RPT49502 1 13 iu - R y 6 10 11 5 151.6 17 � 1112 t 13 14 15 14 18 16 12 Q 6 3 � 15 16 13 Qr 5 4 14 17 1 1 12 d►'t,�. .' 8 9 0 11 1213 2120 19 8 Y 7 1 46 44 26 25\24 �( 49 45 43 27 17 51 42 28 37 36 52 41 40 54 53 OUTLOT C 2 38 39 f PON D ' f JP -22 20 1 V-Pq- 1 18 1 17 Q 16 15 14 O} 3 2 13 rbrb 14 5 42 ' 2 2 33 3 010- 35 34 g . 2 1 ►``�.. 21.• � 1010-52 � 010-05 � Oe - Q 4 O 010-79 012-80 I WELLAND COURT '!RR POS® STORM SEWER a 1 00 0 400 $code in /ter p d' EM. PROPOSED 20 B 7 / 6 1 01'? 5$RM SEWER 18 2 I 18 9 5 3 37 36 35 't� 17 10 38 34le 16 11 4 33 15 12 QOM 32 • 25 14 O� 3113 �� 79 2%% 24 Q 18 20121122 30 27 23 22 17 3 2 1 ® 21 16 4 f "--r I - 29 2B 20 Q�� 15 5 7 I 020 58 / 19 14 6 6 f \ 010-60 13 1 15 18 13 7 5 58 I 011-58 ! 16 12 11 8 � 17 10 12 ka co 9 3 r 2 020-60 11 10 9 8 7 6 5 4 3 2 1 i DIFFLEV ROAD (Go. Ad. No. 30) COVENTRY PASS 2nd ADDITION STORM SEWER IMPROVEMENTS CITY PROJECT No. 587 EAGANv MINNESOTA 8or "Iroo �,.•....� ..ewr�.s�. w. Date: DEC. 1089 Is Comm. 49602 Fig. No. Agenda Information Memo January 16, 1990, City Council Meeting WEST PUBLISHING 3RD ADDN - STORM SEWER C. Project 585, West Publishing 3rd Addition (Storm Sewer) --In order to accommodate the development of the above -referenced subdivision, the developer petitioned the City for the installation of storm sewer facilities to handle its related drainage. In response to that petition, the Council authorized the peparation of a feasibility report which is being presented to the Council on pages g through Q % for their information and review for this public hearing process. All notices have been published in the legal newspaper and sent to all property owners proposed to be affected by its construction or related assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve Project 585, West Publishing 3rd Addition (Storm Sewer) and authorize the preparation of detailed plans and specs. Report for West Publishing 3rd Addition Pond JP -16, 17 & 18 Outlets Trunk Storm Sewer Improvements Eagan, Minnesota City Project No. 585 December 1989 File No. 49498 tS Bonestroo JA Rosene Anderlik & Associates Engineers & Architects St. Paul, Minnesota tS Bonestroo Rosene 0 Anderlik & Associates Engineers & Architects December 12, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Otto G. Bonestroo, RE Keith A. Gordon, P.E. Michael C. Lynch. P.E. Mark D Wallis, RE Robert W. Rosen, RE Richard W Foster, P.E. James R. Maland. P.E. Thomas R. Anderson. A A Joseph C. Anderlik, P.E. Donald C. Burgardt, P.E. Kenneth P Anderson. P.E. Gary F Rylander. RE Richard E. Turns P.E. Jerry A. Bourdon. RE Mark R. Rolfs, P.E Miles B Jensen, P.E James C. Olson, RE Mark A. Hanson. PE. Robert C Russek, A.LA. L Phillip Gravel Ill P.E. Glenn R. Cook, P.E. Ted K. Field, P.E. Thomas E Angus. PE. Charles A. Erickson Thomas E. Noyes. RE Michael T Rautmann, P.E. Howard A. Sanford, PE Leo M Pawelsky Robert G. Schunicht. RE Robert R. Pfeffede. P.E. Daniel J. Edgerton. P.E. Halon M. Olson Marvin L. Sorvala. RE David O. Loskota, P.E. Mark A. Seip, P.E. Susan M. Ebedin. C.PA. Thomas W Peterson, P.E. Philip J. Caswell, RE Re: West Publishing 3rd Addition Pond JP -16, 17 & 18 Outlet Storm Sewer Improvements Project No. 585 Our File No. 49498 Dear Mayor and Council: Transmitted herewith is our report Lor West Publishing 3rd Addition Storm Sewer Improvements. Also included is a preliminary cost estimate and assess- ment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss this report. Respectfully submitted, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. �firi.O Mark A. Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Mark A. Hanson Date: December 12, 1989 Reg. No. 14260 Approved by: Department of Public Works Date: 2+c'7, /cc, 9!�[ RPT49498 2335 West Highway 36 • St. Paul, Minnesota SS113 9 612-636-4600 SCOPE: This project provides for the construction of storm sewer to serve as the outlets for Ponds JP -16, 17 and 18 as designated in the Comprehensive Storm Sewer Plan. These ponds are located in the West Publishing and Windtree Addition area located north of Wescott Road and east of Elrene Road. The project is proposed at this time due to additional development in West Pub- lishing and also the City's proposal to develop Wescott Station Park where these ponds are located. FEASIBILITY AND RECOMMENDATIONS: The project is feasible from an engineering standpoint and is in accordance with the recently updated Comprehensive Storm Sewer Plan for the City of Eagan. The project as outlined herein can best be carried out as one contract or combined with a similar type project to be constructed at the same time. DISCUSSION: Ponds JP -16, 17 and 18 presently have no storm sewer outlets and are land locked. Pond JP -18 is presently receiving storm water runoff from West Publishing and a portion of the Windtree Additions. Ponds JP -16 and 17 do not receive storm water runoff from any new developments. However, due to the development of West Publishing 3rd Addition and the City's desire to develop Wescott Station Park, storm water runoff will be directed to Ponds JP -16 and 17 requiring the storm sewer outlets to be built at this time. The Preliminary 1990 Comprehensive Drainage Plan provides for the con- struction of a gravity storm sewer draining from Pond JP -18 to JP -17. From there, a storm sewer lift station will pump the storm water to JP -16. The storm sewer outlet from Pond JP -16 to JP -33 (located in the Woodland's Addi- tion) will include a gravity storm sewer outlet constructed beneath Elrene Road which is proposed to be open cut. Page 1. RPT49498 81 It should be noted Pond JP -33 is interconnected with Pond JP -14 by storm sewer where both ponds are controlled by a lift station. The lift station was recently constructed in conjunction with the abutting Woodlands Addition. However, the lift station is presently inoperable because 3 phase power (electric) is not readily available. Therefore, the City will have to request Dakota Electric to provide the required power to properly serve the Woodlands lift station. In addition, a detailed analysis was also done to enhance the water quality in Ponds JP -16 and 17 located in Wescott Station Park. The result of this analysis recommended a separate pond be provided for water quality purposes to collect the initial storm water runoff from West Publishing 3rd Addition and future West Publishing development. This pond (JP -16B) is located northeasterly of Pond JP -16 and will receive the initial runoff from West Publishing with the overflow, which is better quality, being conveyed directly to Pond JP -16. In summary, Ponds JP -16 and 17 are being protected for water quality purposes while Pond JP -18 and the West Publishing Pond (JP -16B) provide storm water treatment and the required storage for a 100 year event storm. The assumed drainage area to Pond JP -16B incorporates all the land west of T.H. 149 which is different than assumed in the Comprehensive Storm Sewer Plan. By incorporating all the land east to T.H. 149 as shown on Figure No. 3 will allow West Publishing to continue developing without requiring the storm sewer outlet to be constructed from Pond GP -5. Pond GP -5 is located east of T.H. 149 on property owned by United Parcel Service (UPS) and is presently RPT49498 Page 2. landlocked. In the event West Publishing is unable to direct their runoff to Pond JP-16B, then they must direct their runoff to Pond GP-5 and force its storm sewer outlet to be constructed. Listed below are the specifics for each of the ponding areas: Direct Normal High Storage Wet Drainage Water Water Volume Volume Outflow Area Level Level Ac.Ft. Ac.Ft. eCu.Ft./Sec.) Pond JP-16 29 Acs. 875 879 10.0 3.6 6.2 Pond JP-16B (West Publishing) 80 Acs. 882 886.5 24.0 8.1 4.2 Pond JP-17 22 Acs. 858.0 863.0 10.8 1.8 1.3 Pond JP-18 110 Acs. 864.0 870.2 36.3 8.8 1.3 Also included with this project is the removal of trees and grading to de- fine the boundaries of Pond JP -17. In addition, a 10' wide bituminous access drive is proposed to be constructed from Ridgewood Drive to the lift station serving Pond JP -17. In the event the Eagan Parks Department develops a more detailed plans for Wescott Station Park, a portion of the access drive to be constructed as part of this project maybe eliminated or re -defined. EASEMENTS: Permanent drainage and utility easements will be required for the storm sewer outlets from West Publishing's Pond (JP -16B) to Pond JP -16 and from Pond JP -16 to Pond JP -33. It's anticipated the easements east of Elrene Road which are on land controlled by West Publishing will be required as part of the approval for West Publishing 3rd Addition. Easements west of Elrene Road will be negotiated with the property owners. Listed below are the re- quired permanent drainage and utility easements for this project. Easements in Wescott Station Park are not included. RPT49498 Page 3. M Parcel SECTION 13 Parcel 021-29 PERMANENT EASEMENT Pond Easement 1,200 sq.ft. (1) Drainage and Utility Easement 9,000 sq.ft. Parcel 022-29 124,000 sq.ft. (2) 25,000 sq.ft. (1) Includes Pond JP -33 located west of Elrene Road. (2) Includes Ponds JP -16 and West Publishing's Pond (JP -16B). COST ESTIMATES: Detailed cost estimates are presented in Appendix A located at the back of this report. The total estimated project cost as outlined herein including contingencies and all related overhead is $237,720. Overhead costs are estimated at 30I and include legal, engineering, administration, and bond interest. In addition, Dakota Electric has estimated the cost to provide 3 phase power to the Woodlands lift station to be $13,500. AREA TO BE INCLUDED: ASSESSMENT AND CONSTRUCTION AREA SECTION 13 WINDTREE 2ND ADDITION Parcel 010-28 (West Publishing) Outlot A (Park) Parcel 010-80 (West Publishing) Parcel 012-29 (Park) Parcel 013-29 (Park) Parcel 015-29 (Park) Parcel 017-29 (Park) Parcel 019-29 (Park) Parcel 022-29 (West Publishing) RPT49498 Page 4. 0 ASSESSMENTS: Assessments are proposed to be levied against the benefited property as shown on the attached drawings. A preliminary assessment roll is included at the back of this report in Appendix B. These assessments will be spread over 15 years at an interest rate based on the bond sale financing this project. Storm Sewer - Storm sewer proposed herein is trunk. Therefore, it's proposed to assess those parcels which have not been previously assessed their trunk area storm sewer assessment in accordance City policy. The benefited drainage area proposed to be assessed is shown on the drawing located at the back of this report. The estimated assessment rates for trunk area storm sewer for this project are listed below. Trunk Storm Sewer Oversize Single Family/Agricultural $0.056/sq.ft. Multi -Family $0.070/sq.ft. Commercial & Industrial $0.083/sq.ft. REVENUE: Revenue sources to cover the cost of this project are listed below: Storm Sewer Trunk Phase 3 Power - Woodlands Lift Station Trunk Area Project Cost Revenue Balance $237,720 13,500 $305,197 $251,220 $305,197 +$53,977 Page 5. RPT49498 11 PROJECT SCHEDULE Present Feasibility Report Public Hearing Approve Plans and Specifications Open Bids/Award Contract Complete Construction Assessment Hearing First Payment Due with Real Estate Taxes RPT49498 Page 6. December 19, 1989 January 16, 1990 Spring, 1990 Spring, 1990 Summer, 1990 September, 1990 May, 1991 APPENDIX A PRELIMINARY COST ESTIMATE WEST PUBLISHING 3RD ADDITION POND JP -16, 17, 6 18 OUTLET STORM SEVER IMPROVEMENTS PROJECT NO. 585 RPT49498 Page 7. ti3 Unit Unit Total Item Unit Quantity Cost Cost 27" RCP, Storm sewer in place L.F. 500 $ 40.00 $ 20,000 21" RCP Storm sewer in place L.F. 170 36.00 6,120 18" RCP Storm sewer in place L.F. 780 28.00 21,840 12" RCP Storm sewer in place L.F. 800 24.00 19,200 12" DIP Inlet piping L.F. 150 30.00 4,500 8" DIP Force main L.F. 390 20.00 7,800 Manhole with casting Each 8 1,200.00 9,600 Lift Station L.S. 1 50,000.00 50,000 27" RCP Flared end w/trash guard Each 1 900.00 900 18" RCP Flared end w/trash guard Each 1 600.00 600 12' RCP Flared end w/trash guard Each 4 400.00 1,600 Rip rap in place C.Y. 50 50.00 2,500 Bituminous access drive (10' wide) L.F. 850 10.00 8,500 Street Repair Elrene Road L.S. 1 2,500.00 2,500 Clear & grub trees L.S. 1 2,000.00 2,000 Pond JP -17 grading L.S. 1 9,000.00 9,000 Seed w/mulch and fertilizer Ac. 4.0 1,000.00 4,000 Improved pipe foundation material L.F. 300 3.00 900 Mechanical trench compaction L.F. 2,590 1.00 2.590 Total $174,150 + 5Z 8,710 $182,860 +30Z Legal, Engrng., Admin. & Bond Interest 54,860 TOTAL....................................... $237,720 RPT49498 Page 7. ti3 TRUNK AREA STORM SEWER Parcel Descri tion SECTION 13 Parcel 010-28 (West Publishing) Parcel 010-80 (West Publishing) Parcel 012-29 (Park) Parcel 013-29 (Park) Parcel 015-29 (Park) Parcel 017-29 (Park) Parcel 019-29 (Park) APPENDIX 8 PRELIMINARY ASSESSMENT ROLL WEST PUBLISHING 3RD ADDITION POND JP -16, 17, E 18 OUTLET STORM SEWER IMPROVEMENTS PROJECT NO. 585 Assessable Area Credit Area Total (sc.ft.) (sa.ft.) (sa.ft.) Rate/So.ft. Assessment 903,000 487,375 135,000 215,800 136,000 141,600 107,100 Parcel 022-29 (West Publishing) 3,275,200 WINDTREE 2ND ADDITION $0.070 0.083 0.056 0.028(1) 0.028 0.028 0.028 0.028 0.070 0.083 $ 14,000 43,359 21,834 3,780 6,042 3,662 3,315 2,215 81,200 112,960 Pond 115,600 Oudot A (Park) 563,200 Street 20% 358,080 $0.028 S 10.026 TOTAL ............................................... $305,197 (1) Assesaaent rate equals ane -half (1/2) the single-family/agricultural zoned rate for park Lands in accordance with Special Assessaent Policy 86-2. RPT49498 Page 8. 9� 200,000 Street 20% 522,400 Street 2D% 389,900 _ 135,000 215,800 Pond 5,200 130,800 Pond 23,200 118,400 Pond 28,000 79,100 Pond 124,000 1,160,000 Street 20% 1,360,960 $0.070 0.083 0.056 0.028(1) 0.028 0.028 0.028 0.028 0.070 0.083 $ 14,000 43,359 21,834 3,780 6,042 3,662 3,315 2,215 81,200 112,960 Pond 115,600 Oudot A (Park) 563,200 Street 20% 358,080 $0.028 S 10.026 TOTAL ............................................... $305,197 (1) Assesaaent rate equals ane -half (1/2) the single-family/agricultural zoned rate for park Lands in accordance with Special Assessaent Policy 86-2. RPT49498 Page 8. 9� 4 I n ' POND JP -14 NWL=831 HWL =850 ND JP -33 N L= 833 t=850 RODGER BEET 7 021-29 T. 27„ , , IPOND J P =16 NWL= 875 HWL= 879 022-29 WEST PUBLISHING 0 12„ PON D I BIT, ACCESS , DRIVE i , ro I k N 101 � M LA #11 - N."N' IN, b O–L-- 12" POND JP -t8 NWL=864 -�—� HWL=870.2 WESCOTT STATION '°° a 440 PARK Snie is hp WEST PUBLISHING 3rd ADDITION PCW .P-14 17 i 18 OUTLETS STORM SEWER IMPROVEMENTS CITY PROJECT No. 586 EAGAK k*NNESOTA OVERFLOW PIPE TO POND JP -16 BY OTHERS POND JP -17 NWL =858 I HWL = 863 8Y OTHERS 11oi� AAdWi* 8 Dote: DEC. 1.8 Comm 46494 1 A/+/ii111# 8r. r". FICA. NO. 1 ip.r r /rr TRLJN( AREA STORM SEWER ASSESSMENT WWT PUBU%" 3rd AMnON "'" '^°° &&@Abe`" . •"mbibm" PCM JP -16x17 8 18 CATS t TRUW AREA STORM SEWER ASSESWENTS A 4" aL 0 mamm•• C71Y PROJECT Na 585 Dots: Met 1W If EAGAR MNNESOTA I Cann. 499 Fig. NO. 2 1� � 1 O O 1D I YAN EE DOODLE RD. doom 0--� k 1 i I\ O r �o GQ coo POND '�----------- DRAINAGE BOUNDARIES t r 1 y�� JP -ase JD -33 JP -16 JP -1T WEST PUBLISHING 3rd ADDITION POND DRAINAGE BOUNDARIES CITY PROJECT Na. 585 EAQAK MINNESOTA 1 I GP -4 Pie e14% � tk�rru,.r. rrrrwra..r. ©m*of roo ffs Aoson AMeel*N~ ,k fteA wmww.+t Date: JAN. 1990 Ln No. 3 COmm. 49498 g• Agenda Information Memo January 16, 1990, City Council Meeting EFFRESS ADDITION - STORM SEWER D. Project 567R, Effress Addition (Storm Sewer) --During 1989, a public hearing was held for the installation of storm sewer facilities to service the adjacent property and the expansion of the American Cereal Chemists Company located just south of the Eagan Athletic Facility on Pilot Knob Road. However, with the solicitation of competitive bids, the projected costs exceeded the estimates contained in the feasibility report and were subsequently rejected. Also, MnDOT, who owns several lots in the drainage area, requested a revision to the proposed project as it would affect their property. Based on the higher bids received in the revised project, it was deemed appropriate to revise the feasibility report and reschedule the new public hearing. Therefore, enclosed on pages `L! through is a copy of the revised report for the Council's information and review during the presentation for this public hearing. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. As of this date, the staff has not received any objections to the proposed improvement. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve Project 567R, Effress Addition (Storm Sewer), and authorize the preparation of detailed plans and specifications. im Report for Effress Addition Storm Sewer Improvements Project No. 567 Revised File No. 49492 Bonestroo Rosene v Anderlik & Associates Engineers & Architects St. Paul, Minnesota Bonestroo Rosene Anderlik & Associates Engineers & Architects December 13, 1989 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Effress Addition Storm Sewer Improvements Project No. 567 Revised Our File No. 49492 Dear Mayor and Council: Ortc G Bo as:,x PE Robe^ d Rrse,e PE Josepl C A-Ce•„k PE R¢-a.n c . ^e. PP ,a^res C O,sor PE Ge— R Co -^k PE Tnc^•as E Nave_ PE Robe,, G Scn„,c^: PE Ma-V'r , So^.a a PE Ker- A Gorzor PE R•cna'C .rd Foste' PC Dcnaa C Burgarc: PE :ery A Bc. roon PE Mark A Hanso- PE Teo K F:e,o PE W nae T Rahman- PE Roper, R Pfeffene PE Da.'o C Losko:a PE "!Cz1 JV Petersor PE Mcnae; C Ly^cl PE fames R Ma and, PE Kenner^ P Anaersor, PE Mark R Rorfs PE Robe-, C R. ssek A i A TMoTas E Angus PE HowarC A Santcrc PE Dai -:e , Edgerton PE Mark A Se:G PE Phmp i Caswe' PE Mask C ka : °E -0jc,,as R A,^ie'S_-^ A A Gad P R�anoe, PE Mees E ie -se- PE L Pn, - G'a.e r PE Chanes A Er,:ksc^ ceC M Pave SK, Ha"ar M Osc^ S.sa- M Ebe" I CPA Transmitted herewith is our report for Effress Addition Storm Sewer Improve- ments. This report is a revised report ilom the previous report prepared in ?une 1989. Also included is a preliminary cost estimate and assessment roll. ire will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss this report. Yours very truly, BONESTR00 ROSENE, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of th4 State 4 Minnesota. Mark A. Hanson Date: December -13, 1989 Reg. No. 14260 Approved b : D partment of lic Works Date: RPT49492 2335 West Highway 36 9 St. Paul, Minnesota • 612-636-4600 SCOPE: This project provides for the const:-_c'ion of additional storm sewer to serve Effress Addition and a portion of N,, -,West 2nd Addition. Effress Addition and Norwest 2nd Addition are located in the northeast corner of Pilot Knob Road and Yankee Doodle Road. This prcject is Y:crosed at this time due to the expansion of the :.ereal Ctemis~ Inc. building located on Lot 6, Block 3, Effress Addition (3340 Pilot Knob Road). In -addition, when the undeveloped land in the area develops, the stc— sewer rrol:osed herein will be available to serve the new developments. This report has been revised f; s report to reflect the additional construction and revise,- cos -4 on the bids received on October 2, 1969. The bids receive:amount presented in the r�avious feasibility report date b -i approximately $23,000 which is in excess of 102. The City of Ea=::. :a•:re+, a new public hearing for assessment projects when the bid =x'.eEas the amount presented in the preliminary report by more than 101. _ _ tr._s preliminary report has been updated to reflect the addition- and revised costs for this project. FEASIBILITY AND RECOMMENDATIONS: T: = -=e=1ble from an engineering standpoint and is in accordance witr. _::e :ece..i_y updated Comprehensive Storm Sewer Plan for the City of Eagan. i:. r -ec, b:: ..:dined herein can best be carried out as one contract or with a similar type project. Mn/DOT reviewed the previous plan prior to hiaa:ng and concurred with the construc- tion. Similar to the previous project, it is recommended Mn/DOT again review the project proposed htrein. RPT49492 'rage. DISCUSSION: The existing storm sewer which presently serves Effress Addition and Norwest 2nd Addition was constructed in 1970. The existing storm sewer is located in Maurice Road between Sherman Court and Pond CP -5. The drainage area tributary to the existing storm sewer is approximately 21 acres of which approximately 7 acres is developed including Cereal Chemist Inc. and Eagan Athletic Club. Pond CP -5 is adequately sized to receive direct runoff from this area. However, the existing 21" and 18" storm sewer (approximate capac- ity 15 cfs) in Maurice Road is not adequately sized based on today's design standards to convey runoff from this drainage area once it's entirely devel- oped (required capacity approximately 45 cfs). Therefore, due to the expan- sion of Cereal Chemist Inc. and the potential development in the area, it's proposed to construct a parallel storm sewer to provide additional capacity as Town on the attached drawing. The proposed storm sewer will provide capacity so the undeveloped land in the area can develop with no ponding being required. The proposed storm sewer includes 15" to 36" storm sewer. It is proposed to construct the storm sewer in the undeveloped boulevards to minimize street re- pair. Lots 2, 3, 4, and 5, Block 3, Effress Addition are owned by Mn/DOT and are presently for sale for future development. These lots were purchased in their entirety by Mn/DOT for I -35E because the easterly portions were used for I -35E right-of-way. Mn/DOT District 9 has reviewed whether they desire ponding on these lots and are recommending no ponding be required for future develop- ment. Therefore, a storm sewer crossing Sherman Court will be constructed to provide future drainage with no ponding from Lots 2, 3, 4, and 5 as shown on the attached drawing. Pond CP -5 is preliminarily designated as a sedimenta- tion basin in the City of Eagan Water Quality Management Plan. Page 2. RPT49492 1Oz. EASEMENTS: If it is determined that an easement is required over Lot 2, Block 2, Effress Addition (Pond CP -5), the City should proceed with its acquisition. COST ESTIMATES: Detailed cost estimates are presented in Appendix A located at the back of this report. The total estimated project cost as outlined herein including contingencies and all related overhead is $137,130. Overhead costs are estimated at 302 and include legal, engineering, administration, and bond interest. REA TO BE INCLUDED ASSESSMENT AND CONSTRUCTION AREA Effress Addition Lot 2-4, 6-8, Block 3 Lot 5, Parcel 051-03 Lot 5, Parcel 052-03 Norwest 2nd Addition Outlot A ASSESSMENTS: Assessments are proposed to be levied against the benefited property as shown on the attached drawings. A preliminary assessment roll is included at the back of this report in Appendix B. All lateral costs will be revised based on final costs. These assessments will be spread over 10 years at an interest rate based on the bond sale financing this project. STORM SEWER: Storm sewer proposed herein is lateral and is proposed to be assessed on an area basis. The benefited drainage area proposed to be assessed is shown on the drawing located at the back of this report. The estimated assessment rate per acre is $7,973 per acre. Page 3. RPT49492 1�� Trunk area storm sewer was previously assessed against Lots 6, 7, & 8, Block 3 of Effress Addition and Outlot A, Norwest 2nd Addition under Project No. 177. Trunk area storm sewer is proposed to be assessed against parcels within the lateral drainage area that have not previously been assessed as in- dicated on the attached drawing. The trunk area assessment rate for commer- cial property is $0.083 per square foot. REVENUE: Revenue sources to cover the cost of this project are listed below: Storm Sewer Lateral Lateral Assessment Trunk Assessment Present Feasibility Report Public Hearing Approve Plans and Specifications Open Bids/Award Contract Complete Construction Project Cust Revenue Balance $137,130 $137,130 26,825 $137,130 $163,955 +$26,825 PROJECT SCHEDULE Assessment Hearing First Payment Due with Real Estate Taxes Page 4. RPT49492 December 19, 1989 January 16, 1990 Spring 1990 Spring 1990 Summer 1990 September 1990 May 1991 PRELIMINARY COST ESTIMATE EFFRESS ADDITION STORM SEWER IMPROVEMENTS PROJECT NO. 567 REVISED Item 36" RCP Storm sewer 30" RCP Storm sewer 24" RCP Storm sewer 18" RCP Storm sewer 15" RCP Storm sewer Manhole w/casting Catch Basin Manhole w/casting Catch Basin w/casting 36" RCP Apron Rip rap Street and driveway repair Improved pipe foundation Mechanical trench compaction Sod Seed Unit L. F, L. F. L.F. L. F. L. F. Each Each Each Each C. Y. L. S. L. F. L. F. S. Y. Ac. Total + 52 Contingencies Unit Quantity 100 630 80 350 220 7 4 2 1 20 1 200 1,380 2,000 1.6 Unit Cost $ 50.00 40.00 32.00 28.00 26.00 1,200.00 1,200.00 1,000.00 1,400.00 100.00 25,000.00 2.00 1.00 2.20 1,500.00 +30Z Legal, Engrng., Admin. & Bond Interest TOTAL STORM SEWER IMPROVEMENTS ............... Page 5. RPT49492 lis Total Cost $ 5,000 25,200 2,560 9,800 5,720 8,400 4,800 2,000 1,400 2,000 25,000 400 1,380 4,400 2,400 $100,460 5,020 $105,480 31,650 $137,130 PRELIMINARY ASSESSMENT ROLL EFFRESS ADDITION STORM SEWER IMPROVEMENTS PROJECT NO. 567 REVISED A. LATERAL Parcel Total Assessable Lateral Description Area Area Rate/Acre Assessment Effress Addition Lot 2, Block 3 1.7 Ac. 0.5 Ac. $7,973.00 $ 3,986.00 Lot 3, Block 3 1.6 Ac. 1.6 Ac. 7,973.00 12,756.00 Lot 4, Block 3 2.6 Ac. 2.6 Ac. 7,973.00 20,729.00 Lot 5, Block 3 (051-03) 1.6 Ac. 1.6 Ac. 7,973.00 12,756.00 Lot 6, Block 3 2.9 Ac. 2.6 Ac, 7,973.00 20,729.00 Lot 7, Block 3 3.3 Ac. 2.7 Ac. 7,973.00 21,527.00 Lot 8, Block 3 3.2 Ac. 3.2 Ac. 7,973.00 25,513.00 Northwest Addition Outlot A 2.9 Ac. 2.4 Ac. $7,973.00 $ 19,134.00 B. TRUNK AREA Parcel Trunk Description Area (S.F.) Rate/S.F. Assessment Effress Addition Lot 2, Block 3 73,096 $0.083 $ 6,067.00 Lot 3, Block 3 68,758 0.083 5,707.00 Lot 4, Block 3 113,683 0.083 9,436.00 Lot 5, Block 3 (051-03) _67,650 0.083 5,6615.00 TOTAL 323,187 $26,825.00 RPT49492 Page 6. l0(0 SUMMARY PRELIMINARY ASSESSMENT ROLL EFFRESS ADDITION STORM SEVER IMPROVEMENTS PROJECT NO. 567 REVISED Parcel Lateral Trunk Total Description Assessment Assessment Assessment EFFRESS ADDITION Lot 2, Block 3 $ 3,986 $ 6,067 $ 10,053 Lot 3, Block 3 12,756 5,707 18,463 Lot 4, Block 3 20,729 9,436 30,165 Lot 5, Block 3 (051-03) 12,756 5,615 18,371 Lot 6, Block 3 20,729 --- 20,729 Lot 7, Block 3 21,527 --- 21,527 Lot 8, Block 3 25,513 --- 25,513 NORWEST 2ND ADDITION Outlot A $19,134 --- 19,134 TOTAL $137,130 $26,825 $163,955 Page 7. RPT49492 1 \O &\Cl / Z P CP- BLOCK NWL 7 -6 2 HWL- 7 .9 1 �► !' i ��'► i MARL a�.i■ acetas - + ------ - ----- -- ------ - - ,I► 799--- 30„ 27 00 O 1-I I O ■ V , 4 ■ .� 1 ( 4f M 7 B z Z2 ; Q� BLOCK u ■ O ■ 00 i o/ti a - N + �� 6 9 r NORWEST COURT ��, BLK. Q Zee �`��� • Qy 1 ST 0UTLOT "A6# 000 4+ ` + IORWEST ( �♦ +`### BLK. Qc Sao o ioo zoo SCALE IN FLEET EFFRESS ADDITION ANIL.,,r ��.-•••...ta�+`..r. STORM SEWER a+� LATERAL ASSESSMENT ft w.a rr+..rr., CITY PROJECT No. 567 REVISM? rootc— . oEcae� uses EAGAN. MINNESOTA Com1n Fig NO I ,� O IGH -SITE MARICE DRIVE EFFRESS ADDITION RUNK STORM SEWER ASSESSMENT CITY PROJECT Na 567 REVISED EAGAN, MINNESOTA TRUNK AREA PHNOM AWWOk A A800CUI" " 04" Mumma" Dote: of wmp im Comm. ftm )(Fig. No. Agenda Information Memo January 16, 1990, City Council Meeting STRATFORD OAKS ADDN - SANITARY & STORM SEWER E. Project 549R, Stratford Oaks Addition (Storm & Sanitary Sewer) --In September of 1988, a public hearing was held and the above -referenced project was approved to provide for the installation of storm and sanitary sewer to service the proposed high density residential development in this subdivision. However, the final plat process was not completed within the required time frame of 12 months thereby rendering the original project approval null and void. Therefore, the original feasibility report was revised to reflect the new rates and policies in effect for 1990. The Council received this feasibility report on December 19 and scheduled a public hearing to be held on January 16. Enclosed on pages � through _lk a copy of the revised feasibility report for the Council's information and review during the public hearing presentation. All notices have been published in the legal newspaper and sent to all potentially affected property owners informing them of this hearing. As of this date, Mr. Dan Dolan has expressed concerns pertaining to the proposed assessments against this property for which he still retains fee ownership. These and any other concerns will be addressed by staff during the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 549R, Stratford Oaks Addition (Storm & Sanitary Sewer) and, if approved, authorize the preparation of detailed plans and specifications. I � Report for Stratford Oaks Utility improvements Project No.49 Eagan Minnesota File No. 49465 IA Bonestroo W. Rosene Anderiik & Associates Engineers & Architects August 2, 1988 Otto G. Bonestroo. P.E. Robert W Rosene, PE Joseph C Anderlik, P.E. Bradford A Lemberg, RE Richard E. Turner, RE James C Olson, PE Glenn R Cook. PE Thomas E. Noyes. FE Robert G Schunicht, P.E. Marvin L. Sorvala, PE Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Stratford Oaks Sanitary and Storm Sewer Improvements Project No. 549 File No. 49465 Dear Mayor and Council: Keith A Gordon. PE Richard W Foster, PE Donald C. Burgardt, P.E. Jerry A. Bourdon, PE Mark A Hanson, PE Ted K Field. P.E. Michael T. Rautmann, PE Robert R Pfefferle, PE David O Loskota, PE Thomas W Peterson, PE Michael C Lynch, P.E. James R. Maland, PE Kenneth P. Anderson, RE Kerth A. Bachmann, PE Mark R. Rolfs, P.E. Robert C. Russek, A.l A Thomas E. Angus, PE Howard A Sanford, P.E. Charles A Erickson Leo M. Pawelsky Harlan M Olson Susan M Eberlm Mark A Seip Enclosed is our report for Stratford Oaks Sanitary and Storm Sewer Improve- ments, Project No. 549. This report covers sanitary and storm sewers and in- cludes a preliminary assessment roll. We would be pleased to meet with the council and other interested parties at a mutually convenient time to discuss any aspects of this report. Yours very truly, BONESTRCO, ROSENE, ANDERLIK & ASSOCIATES, INC. Mark Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of theyStale of innesota. Gtie.L%� �--- Mark A. Hanson Date: August 2, 1988 Reg. No. 14260 Approved by: D artment lofPublic Works Date: 9 -le) 90 RPT49465 2335 West Highway 36 a St. Paul, Minnesota 55113 • 612-6364600 SCOPE: This project provides for the construction of sanitary and storm sewer serving Stratford Oaks. Stratford Oaks is located in the southwest corner of Co. Rd. No. 30 and Thomas Lake Road and includes 296 townhome units. The townhomes consist of 25-8 unit buildings and 6-16 unit buildings. FEASIBILITY AND RECOMMENDATIONS: The project as outlined herein is feasible from an engineering standpoint and is in accordance with the Master Sanitary Sewer and Storm Sewer Plans for the City of Eagan. The project can best be carried out as in one contract. DISCUSSION: Sanitary_ Sewer - Sanitary sewer proposed herein includes an 8" diameter sani- tary sewer constructed along the westerly side of Thomas Lake Road from Clem- son Drive as shown on the attached drawing. The sanitary sewer is designed only to serve Stratford Oaks. The sanitary sewer will connect to an existing 8" sanitary sewer in the newly constructed Boulder Ridge development which is properly sized to serve Stratford Oaks. Boulevard restoration north of Clemson Drive and patching in Thomas Lake Road is also required. It is assumed Thomas Lake Road will be open cut. The sanitary sewer will be constructed to the westerly edge of the Williams Pipeline easement. Storm Sewer - Storm sewer proposed herein includes extending an existing 12" RCP storm sewer in Thomas Lake Road at minimum grade to the internal pond located in Stratford Oaks. The internal pond for purposes of this report is designated as Pond BP -5a. Listed below are design considerations for Pond BP -5a in Stratford Oaks. Drainage Storage Normal Water Area Requirement Level Pond BP -5a 38.3 acs. 6.9 ac -ft. 898 Page 1. RPT49465 High Water Outflow Level c f s 903.5 3 cfs The outflow requirement for Pond BP -5a represents the capacity in the ex- isting 12" RCP. Due to the elevation of the existing 12" RCP, it's anticipat- ed approximately 1' of water will stand in the ponding area. Storm sewer proposed herein is shown on the attached drawing. EASEMENT: No easements are required for this project. All work is included in this development or on public right-of-way. AREA TO BE INCLUDED: ASSESSMENT AREA NW 114, SECTION 28 Parcel 010-25 (Stratford Oaks) Parcel 010-26 (Stratford Oaks) THOMAS LAKE HEIGHTS Outlot B COST ESTIMATE: Detailed cost estimates are presented in Appendix A located at the back of this report and are summarized as follows: Sanitary Sewer $ 45,050 Storm Sewer 26,980 TOTAL PROJECT COST $ 72,030 The total project cost is estimated at $72,030 which includes contingen- cies and all related overhead but does not include any costs associated with easement acquisition. Overhead costs are estimated at 30I and include legal, engineering, administration and bond interest. ASSESSMENTS: Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this re- port in Appendix B. The assessments will be spread over 10 years. The inter- est rates will be based upon the bond sale issue used to finance this project. Page 2. RPT49465 I14 SANITARY SEWER: Sanitary sewer proposed herein is considered lateral and is proposed to be assessed on a front foot basis against the existing parcels to be platted as Stratford Oaks. The allocation of this assessment with the platting of the property should be on an area basis or a per unit basis as defined in the related Development Agreement. Trunk area sanitary sewer was previously assessed. STORM SEWER: Storm sewer proposed herein is considered trunk. It is proposed to assess the area shown on the attached drawing trunk area storm sewer in accordance with City of Eagan fee schedule for 1988. TRUNK ASSESSMENT RATES: Trunk assessment rates established in the 1988 City of Eagan fee schedule proposed to be assessed as part of this project are as follows: Storm Sewer Trunk Area - Multi -Family $0.070/sq.ft. REVENUE: Revenue sources to cover the cost of this project are listed below: SANITARY SEWER Project Cost Revenue Balance Lateral $ 45,050 --- Lateral Assessment --- 45,050 $ 45,050 $ 45,050 -0- STORM SEWER Trunk $ 26,980 --- Trunk Area Assessment --- 86,061 $ 26,980 $ 86,061 +$59,081 TOTAL BALANCE ............... +$59,081 The anticipated project balance is +$59,081. RPT49465 Page 3. t 1S PROJECT SCHEDULE Present Feasibility Report Public Hearing Approve Plans and Specifications Open Bids/Award Contract Construction Completion Final Assessment Hearing First Payment Due with Real Estate Taxes Page 4. RPT49465 August 2, 1988 September 6, 1988 September 6, 1988 Fall, 1988 Fall, 1988 Summer, 1989 May, 1990 APPENDIX A PRELIMINARY COST ESTIMATE STRATFORD OAKS UTILITY IMPROVEMENTS PROJECT NO. 549 A.) SANITARY SEWER 1,300 Lin.ft. 8" PVC Sanitary Sewer in pl. @ $13.00/l.f. $16,900 6 Each Std. MH w/cstg. @ $1,000.00/ea. 6,000 20 Lin.ft. MH depth greater than 8' dp. in pl. @ $60.00/l.f. 1,200 1 Each Connect to existing MH @ $500.00/ea. 500 1,300 Lin.ft. Improved pipe foundation @ $1.00/l.f. 1,300 LUMP SUM Street repair @ $2,000.00/L.S. 2,000 LUMP SUM Boulevard restoration @ $2,000.00/L.S. 2,000 1.2 Acres Seed w/fertilizer & mulch @ $1,500.00/ac. 1,800 1,300 Lin.ft. Mechanical trench compaction @$1.00/1.f. 1,300 Total Total $33,000 +5Z Contingencies +5Z Contingencies 1,650 $20,750 $34,650 +30Z Legal, Engrng., Admin. & Bond Interest +30Z Legal, Engrng., Admin. & Bond Interest 10,400 TOTAL SANITARY SEWER ................................ $45,050 B.) STORM SEWER 160 Lin.ft. 12" RCP Storm sewer, 0'-15' dp. in pl. @ $28.00/l.f. $ 4,480 210 Lin.ft. 12" RCP Storm sewer, 15'-30' dp. in pl. @ $45.00/l.f. 9,450 2 Each Std. 4' dia. MH w/cstgs. @ $1,000.00/each 2,000 40 Lin.ft. MH depth greater than 8' dp. @ $60.00/l.f. 2,400 1 Each 12" RCP apron w/trash guard @ $400.00/each 400 1 Each Connect the existing 12" Storm sewer @ $500.00/each 500 160 Lin.ft. Improved pipe foundation @ $1.00/l.f. 160 370 Lin.ft. Mechanical trench compaction @ $1.00/l.f. 370 Total $19,760 +5Z Contingencies 990 $20,750 +30Z Legal, Engrng., Admin. & Bond Interest 6_,230 TOTAL STORM SEWER ................................. $26,980 Page 5. RPT49465 APPENDIX B PRELIMINARY ASSESSMENT ROLL STRATFORD OAKS UTILITY IMPROVEMENTS PROJECT NO. 549 A.) SANITARY SEWER Parcel Assessable Credit Total Description Footage Rate/F.F. Assessment NW 1/4, SECTION 28 $66,814 274,950 Street 20Z Parcel 010-26 150 $41.33 $ 6,200 Parcel 010-25 590 41.33 24,385 THOMAS LAKE HEIGHTS Outlot B 350 $41.33 $14,465 1,090 $45,050 B.) STORM SEWER - TRUNK AREA Parcel Area Credit Description (Sq.ft.) (Sq.ft.) Parcel 010-26 1,236,670 Pond (43,560) $66,814 274,950 Street 20Z Parcel 010-25 387,240 Pond (43,560) Street 20Z Page 6. RPT49465 Assessable Rate/ Total Area (Sq.ft.) Sq.ft. Assessment 954,490 $0.070 $66,814 274,950 0.070 19,247 $86,061 SUMMARY PRELIMINARY ASSESSMENT ROLL STRATFORD OARS Parcel Sanitary Storm Sewer Total Description Sewer Trunk Area Assessment NW 1/4, SECTION 28 Parcel 010-25 $24,385 $19,247 $43,632 Parcel 010-26 6,200 66,814 73,014 THOMAS LAKE HEIGHTS Outlot B $14,465 $14,465 Page 7. RPT49465 I 0• RD- 30 I PROPOSED 1 1� 611 SANITARY SEWER Scale: I"= 200' STRATFORD OAKS SANITARY SEWER PROJECT NO. 549 EAGAN, MINNESOTA J1'I� 1 rHEINE ,j LAKE B P-5 1\ � � v ITLOT \�\ \ B LE SO C , ? X11•' a scw. i' SEWER \ CQ f f t sonesfroe Aaeen - AndWilk A Amm OL 0%4 mammeaft Date: Fig. No. I Comm.49465 tamn ;Bp - 010 -25 BP - 010 -25 I r ++ ++ PROPOSED 12 SEWER HEINE POND �`� �y ,1 LAKE BP- 5 O, Ex. S 'o 8 — SEW R P 5 ♦ r f � sy ! ♦ \ \ 010-26 �\ ♦\ OUT LOT ` B LE SO C O � � r Scale: I"= 200r V STRATFORD OAKS STORM SEWER AndwUk Ammool IM ML Pa mummm r PROJECT NO. 549 EAGAN, MINNESOTA Date: Fig. N0. 2 Comm -49465 91 COUNTY ROAD No. 30 010—•25 01.0-25 �' I :: ., . 010-26 :; is Scale 1" = 300' Ty THOMAS LAKE HEIGHTS k��F Outlot B: '90 Bgy�OR Co uR v o � TRUNK STORM ASSESSMENT AREA V STRATFORD OAKS ASSESSMENTS TRUNK AREA STORM SEWER PROJECT No. 459 EAGAN, MINNESOTA "ftnestroo ingIneen a Architect. Roefna it" MArrdarllk A Aemclat" SL ft#A mime Date: AUG 2, 88 Comm. 49465 Fig. No. 3 112 Agenda Information Memo January 16, 1990 City Council Meeting TIF/TRI-LAND ICE ARENA PROJECT A. Consider Public Hearing Date of 2-20-90 to Consider Tax Increment Financing For Tri -Land Properties Commercial Development/Ice Arena Project --At the January 4, 1990 City Council meeting direction was given to the City's bond counsel, Steve Rosholt of Faegre and Benson, to prepare an economic development district plan and tax increment financing plan with a commercial development/ice arena project proposed by Tri -Land Properties. At the January 4 meeting members of the City Council requested that the City's fiscal consultant, Springsted, Inc., prepare a public policy review of this project. Enclosed on pages �� through 15 is a copy of a letter responding to the public policy review by Mr. MacGillivray of Springsted, Inc. Also enclosed on pages DZ through is a copy of the economic development district plan and tax increment financing plan as presented by the City's bond counsel, Mr. Steve Rosholt. It has been the policy of the City in three (3) previous tax increment financing applications that the applicant pay or reimburse the City for expenses paid or incurred in connection with the development of a TIF plan which includes fees for attorneys, financial and other consultants. In the event this application is approved, the amounts to the maximum extent permitted by law will be included in the amount to be financed with tax increment and reimbursed to the applicant. Enclosed on pages 151 through 11, -i. --is a copy of the expense agreement as drafted by Mr. Rosholt o aegre and Benson for Council consideration. A meeting was held on Friday, January 12, with the applicant, his consultants and the City's bond counsel and fiscal consultant to review all documents presented to the City Council. If a public hearing is scheduled for February 20, it is the suggestion of the City Administrator that consultants on behalf of the City and consultants representing the developer meet on a regular basis as needed to prepare all the development agreements and other related documents for signature and consideration at the February 20 meeting. Also, the economic development district plan and TIF plan will be forwarded to the County and Independent School District #196 for their review and comment. The law also requires that a copy of these documents be available for public inspection at the City Hall. The City's bond counsel and fiscal consultant will be available for any questions the City Council might have at the meeting on Tuesday regarding any of the enclosed documents. (a3 Agenda Information Memo January lb, 1990 City Council Meeting ACTION TO BE CONSIDERED ON THIS ITEM: 1) Address public policy questions and provide any direction to City staff including fiscal and bond counsel consultants, 2) approve or deny setting a public hearing date for February 20 to consider adoption of the economic development district and tax increment financing plan for the project as presented by Tri -Land Properties and 3) to approve or deny the expense agreement requiring payment or reimbursement for out of pocket expenses paid or incurred by the City for the processing of the TIF application. SPRIN+GSTED PUBLIC FINANCE ADVISORS 65 Ease SOVOI)th PlkX0, SUM 100 , aint Paul, MN 55.1014:14'3 6'2-223-3000 Fay- W2.223.3002 January 12, 1990 Mr. Tom Hedges, Administrator Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Re: Tri -Land Partnership TIF Application - Public Policy question Review Dear Mr. Hedges: aur purpose as directed by the City Council is to define the major public policy questions to be considered in review of this project, The Intent is to be as comprehensive as possible in identifying these issues for two significant reasons. First, the developer has asked for an expeditious review of the project, The TIF law requires that once the TIF plans are prepared a 30 -day notice period occurs, and if major changes take place which adversely affect the County and School District during or after that notice period, then a new 30 -day notice period must take place. Second, the City has a history of judicious use of TIF and we wish to avoid omitting a major issue which could be raised by a party at a later date. This Is a major project covering a large number of public policy issues. We have attempted to use judgement In determining what constitutes "major, public policy issues, The basis for those issues chosen was the TIF law, City TIF policy and those questions which have thus far generated the most debate. While attempting to be comprehensive, we have also tried to focus these questions for the Council's consideration. The methodology is to present first a factual profile of the project and the request for assistance as we now understand the proposal. The profile is a brief synopsis which is presented in greater detail in the developer's application. Each policy question is then presented with a short discussion of the impacts of a decision regarding the particular question, Project Profile This profile is taken from Tri -Land's amended TIF application, dated December 13, 1989, and from ensuing discussions with representatives of Tri -Land, The project would consist of the following "private" development: • retail mall with grocery store; • bank/medical building; • theater; • health/fitness building; • six outlots with anticipated restaurant, retail, automotive and daycare uses; Indwna QNICC 1.75 North f'rrr):;ylvania Stmt t surto 201;, li d,is'--ar;nli;, IN 46204.7.198 31','-684-6000 F -IN 31'1•684-lin04 K-jns iS Uff`ce' 0800 0011000 rioulevard StAp 1;U0 OWilPurd Park KS 8621+-INC3 4-',445-8062 Fax 911.345.177() / wtSCOm in Offtrr,. b00 Elm G!awE.. Hoar~ SLAn 1n1 Elm G•v-vP. w' 53122.0037 414.782.8222 Fax 414.7fi2.7U04 City of gagan, Minnesota January 12, 1890 Page 2 111 single-family houses, and multi -family residential development of the area immediately south of the proposed arena. The project would also include a public" development of an Ice arena. The ice arena would consist of one Olympic -sized rink with seating for approximately 3,400 spectators and one regular -sized rink. Nature of Request for TIF Assistance The developer Is asking for $3,400,000 in TIF assistance to finance the construction of the public development, the ice arena. This is the only eligible TIF expense which would generate a sufficient level of TIF assistance, in the developer's opinion, to make the project feasible. The form of the assistance would not require general obligation bond Issuance, but rather a contractual agreement whereby as increment income is received by the City from the development, it is remitted back to the developer less administrative expenses on a "pay- as-you-go" basis. The City would issue a "revenue" note (bond) to the developer under the terms of the development agreement. This note would be repaid by the "pay-as-you-go" tax increment income, and the developer would not have as additional security a "general obligation" property tax pledge. Form of Project Financing In order for TIF to be used for the acquisition of the ice arena, the arena must be owned by a public jurisdiction, either the City or the School District, For example, the City may own the arena. The developer will obtain financing for the construction of the arena. We understand the developer Is seeking a mortgage to finance the arena construction. Therefore, the City will own an ice arena which will have a mortgage Tiled as a lien against the property, To secure the mortgage, the developer will have the pay-as-you-go contract, which is essentially a TIF revenue note, promising to pay to the developer increment income as actually received, which in turn will be paid to the mortgage lender. The lender may also ask for a pledge of gross or net revenues of the arena facility as additional security for the financing. Public Policy issues "But For" Findinas The TIF statute requires the City make a finding that the development would not occur "but for" the use of tax increment financing. The term "development" means the private development, the commercial area and the single-family and multi -family housing, and not the public development, the Ice arena. The total development includes the Ice arena, the commercial area and the residential uses. The developer represents the total development is an integrated package and that all parts are necessary In order for the project to proceed, In particular, the developer represents the commercial development will not occur without tho Ice arena. The developer further represents that the Ice arena, to be financed under the TIF statute, cannot occur without the inclusion of the single-family housing area within the ,a� City of Eagan, Minnesota January 12, 1890 Page 3 district. ff the City agrees with this linkage of the two phases, the private development with the public development, then the potential exists for the "but for" finding. Size of TIF District The City will have to decide the size of the TIF district. The TIF district is that area within which TIF revenues are generated and, therefore, has an Impact on the overlapping jurisdictions, the County and School District. The developer is requesting that the TIF districtt include the three areas Indicated in the "but for" discussion above, namely, the ice arena, the commercial area and the residential areas. The City's decision on the size of the district is linked to its decision on the legitimacy of the "but for" finding. If Indeed the City accepts the rationale that all three parts of the development are required for the "but for" finding, then the size of the district would include all three of these areas. It is Important to note the situation regarding inclusion of the housing in the TIF district, It is generally believed that residential development generates more demand for public services than a comparable level of commercial development. In terms of a county government, residential development may generate human service cost expenditures. A housing development may generate students who would place service demands on the school district. Whenyou place residential development in a TIF district, the City Is receiving all of the incremental property tax revenues generated from the residential development and, hence, these revenues are not available to the overlapping jurisdictions. The City may wish to consider this situation In its discussion of both the "but for" finding and the size of the district, Competition with F-Asting Commercial Centers The City can possibly expect questions from other commercial property owners within the City who have not had tax Increment financing made available to them, as well as the potential future commercial property owners who may be requesting tax increment financing for their project. These existing commercial property owners may raise the Issue that the use of tax Increment financing for this commercial center places the Tri -Land project at an enhanced competitive position versus other commercial property owners. This is a difficult question to answer definitively. in general, the nature of this TIF expenditure, a public recreational facility, Is markedly different from traditional TIF assistance, which often directly reduces the property owners' costs. The developer has responded to this Issue in two ways. First, he has stated that this facility will draw additional people into the area; people who would not have normally patronized the existing commercial facilities. Second, the developer argues that the existence of a new commercial facility enhances the overall commercial climate of the entire area and, therefore, both his development and existing developments are benefited by this facility. The legitimacy of these contentions cannot be tested without the performance of a professional, independent market study. The cost of such a study may be prohibitive depending on the magnitude of the concern. Risk EXR21grgs o ft We would like to focus on two areas of potential financial risk to the City. The first area is the operational, and the second area Is the debt service for the construction of the facility. City of Eagan, Minnesota January 12,19M Page 4 The form of ownership and method of financing of the Ice arena facility has been described above. It is the intention of the developer that, although the arena is owned by the City, the operations of the facility will be conducted by a non-profit, quasi -public body, which would presumably include representatives of the City. The question arises as to what happens in those years in which the facility is not self-supporting on an operational basis. There are a large number of municipal ice arenas operated In the Twin Cities metropolitan area. I have been involved in numerous studies on the operational aspects of municipal ice arenas. I believe it is the general experience of most municipal -owned arenas that the facilities, in most years, cover their general operation and routine maintenance expenditures. They do not cover the debt service for the facility and, in only rare cases, do they cover the major maintenance requirements brought about by a breakdown of the Ice -making equipment, the ice -resurfacing equipment and the structure itself. We believe It is reasonable to assume on a not Infrequent basis that the facility would not be self-supporting in terms of covering its operations and major maintenance. The question then presents itself as to who would be responsible for these operational deficiencies. Of particular concern are those major maintenance breakdowns which would interrupt the normal operation of the facility and require a large cash Injection to correct the breakdown and resume operations. We believe the City should clearly define whose responsibility these deficiencies are and the viability of the responsible parties in meeting the potential sizeable cash flow deficiencies. The second area of risk involves the financing of the facility and the ownership of the arena. As was previously indicated, the facility would be owned by the City, but a mortgage lien from a private lender would be placed on the property, in between this relationship would be the developer, who would be receiving TIF increment income on an annual basis and making the mortgage payments. A number of situations could present themselves which would disrupt the flow of the Increment income, i.e., non-payment of property taxes and structural changes in the Minnesota property tax system. if either of these events occur and the developer was unable to fund the shortfall, it is conceivable that the mortgage holder would exercise its rights under the mortgage relating to ownership of the facility. As presently proposed, the lender would have no financial recourse against the City to require payment, but would have the recourse of transferring ownership of the facility away from the City. At a point in time, the City would conceivably be faced with the question of relinquishing ownership versus maintaining the operation of the facility, Role of School District Ono of the principal beneficiaries of the new ice arena facility will be the School District. We believe it is appropriate to ask what role the School District would have in sharing the financial risks the City could be exposed to If this project were to proceed. These risks would include the operational aspects and general liability, as well as the potential situation regarding default of the mortgage. At this time we are unaware of any direct dialogue between the School District and the City regarding financial participation. Fiscal Disparities Whon commercial industrial property is located In a TIF district in the metropolitan area, the local jurisdiction must make a decision as to whether the normal fiscal disparities contribution would come from the district itself or that contribution be made by all other commercial/industrial property owners within the jurisdiction but outside of the TIF district. City of Eagan, Minnesota January 12, 1990 Page 5 The impact of this decision on the project is that if_the contribution Is made from the district, than less increment income is available. The developer is requesting that the fiscal disparities contribution be made from. outside of the district and, therefore, all of the Increment Income generated from the district would be made available to the project. This request has a number of impacts, regarding the City as a whole and other commercial/industrial property taxpayers within the City of Eagan. As to the City-wide impact, the City's property tax rate has the potential of being higher than what would otherwise be the case if the fiscal disparities contribution is made from outside of the district. In this particular case, we do not believe the rate would be, for practical purposes, noticeably higher than would be the case if the contribution came from within the district. The second impact is on all other commercial/industrial property taxpayers within the City of Eagan but not In the TIF district. The commercialAndustrial development occurring within the TIF district Is subject to the same fiscal disparities contribution as if no TIF district existed; namely, that 40% of this valuation would go to a metropolitan area pool. The TIF law provides that if the district does not make its own contribution, then the same amount of contribution be made from all other commercial/industrial property outside the district. This means a greater share taxable valuation of commercial/industrial property taxpayers outside of the district would be subject to the fiscal disparities area -wide property tax rate. This may or may not result in higher property tax bills for these commercial/industrial property owners. Those property owners would have a certain portion of their property value subject to one property tax rate -- the fiscal disparities rate, and the balance subject to the local, total -City property tax rate over the life of the district. Therefore, in those years where the fiscal disparities props tax rate is below that of the local City property tax rate, those commerclal/industrlal property taxpayers could have lower property tax bills than would otherwi§e be the case. To the extent this situation is reversed, their property tax bills could be higher. This district is scheduled to be In existence for a period of ten years and, therefore, at this time it is difficult to judge which of these two situations would occur. Conformance with OfficTlF Poljc The City adopted a comprehensive TIF policy in August of 1986. This policy contains certain criteria for the City to judge the appropriateness for the use of TIF for any given project. There are a number of benchmarks and policy statements mentioned in the policy and we would like to select those areas which apply to this project. A. The policy indicates that TIF would be used for commercial or industrial projects. It is our understanding that at the time of the drafting of the policy, commercial projects did not include retail uses. The private development portion of this project includes predominantly retail uses and residential uses, which are not addressed in the policy. B. The policy states the City will not look favorably on the use of TIF for limited partnerships. We are uncertain at this time of the developer's specific ownership arrangement. The application has been filed under Tri -Land Partnership of Eagan. The developer may wish to clarlfy his ownership status as it relates to this policy item. C. The policy indicates as an objective the creation of jobs. The policy does not address specifically either the number nor the nature of the jobs created. The policy City of Eagan, Minnesota January 12, 1990 Page 6 requests that the applicant detail the job creation potential of the facility, The developer may wish to provide greater detail on the number and nature of the jobs to be created by the project, D The policy addresses tax base enhancement and local economic impact. The target for tax base enhancement is a ratio of 12 to 1 of the amount of increase in tax base to the amount of bonds issued. In this case, no general obligation bonds are being Issued and, therefore, this specific target may or may not be valid as it relates to this project, The project does increase the tax base over the current use of the property. The local economic impact is addressed in the competition section. E. The policy addresses the impact of the project on the public infrastructure, it is our understanding that as the project relates to roadways, sewer and water, and traditional public improvements, it would have very little Impact on the existing infrastructure system. This policy area also covers service Impact which has already been addressed in terms of the housing component of the project, F. The policy establishes as a target leveraging goal a private financing to public financing ratio of 10 to 1; that being market value increase of the private development at 10 times that of the public assistance requested, in this project the developer is asking for approximately $3.4 million, which according to the policy, would be accompanied by a $34 million private development. In our review of the project application, the developer is now expecting a total market value of the private development to be in excess of $30,000,000. There are a number of other guidelines included in the policy. We have attempted to focus on the major Issues in the policy which relate to this project. Le isg iative/Politioal Exposure This is not a public policy issue, but rather a concern about perception of the project by certain legislators at the State level. This project, as it is now being presented, is within the statutory parameters of the TIF law. However, the specific application of TiF assistance for this project is similar in some respects to other projects which have been publicly criticized by legislators seeking changes in the present TIF law. It is expected that there will be changes to the TIF law coming in this next session and a lively debate regarding TIF. it may be possible that, given the City's adoption of this project, certain legislators would target Eagan in their criticism of the use of TIF. We understand the desire to move ahead expeditiously and judiciously in the evaluation of this project. The statutory requirement of the 30 -day public notice period has already been covered, as well as the objective of avoiding a delay which would precipitate a new 30 -day notice period. We anticipate a vigorous negotiating and evaluation process to occur within the next month, in drafting the TIF plan, we have attempted to be as broad in our approach as possible In order that any future changes which would occur over the next 30 days would not require a new 30 -day notice period. The objective of this process Is to present to the Council, at the time of the public hearing on the TIF plan, a well -conceived development agreement and final TiF plan. At that time, the City Council would then give Its final consideration for adoption of both the development contract and the TIF plan. �?P City of Eagan, Minnesota January 12, 1990 Page 7 We would be glad to respond to any questions you may have regarding this document and any other use of TIF for this project. Respectfully submitted, AVS- David N. MacGillivray Vice President mmr 3724f CITY OF EAGAN, MINNESOTA EAGAN DEVELOPMENT DISTRICT NO. 3 TAX INCREMENT FINANCING PLAN AND DEVELOPMENT PROGRAM February 20, 1990 l' --j 2 Draft: 1/10/90 TAX INCREMENT FINANCING PLAN EAGAN DEVELOPMENT DISTRICT NO. 3 CITY OF EAGAN, MINNESOTA INTRODUCTION This Tax Increment Financing Plan has been prepared by the City of Eagan, Minnesota (the "City") under the requirements of the Minnesota Tax Increment Financing Act (the "Act"), Minnesota Statutes, Sections 469.174 to 469.179. The City herein proposes and describes the establishment of a Tax Increment Financing District within the City's Development District No. 3 to provide financing for the construction and acquisition of an ice arena (the "Ice Arena") which is necessary to support a private -sector development consisting of approximately 370,300 gross square feet of retail, commercial, office, residential and related facilities by Tri -Land Partnership of Eagan ("Tri -Land"). BACKGROUND The City Council has called for a public hearing on the formation of both Development District No. 3 and the Tax Increment Financing District. On February 20, 1990, subject to public input, the Council will consider both the Development Program and the Tax Increment Financing Plan. Development District No. 3 is being established pursuant to Minnesota Statutes, Sections 469.124 to 469.134. A copy of the proposed Development Program for Development District No. 3 and certain other items are attached hereto and incorporated herein by reference. DEVELOPMENT PROGRAM Objectives The objectives sought to be accomplished by the City in establishing Development District No. 3 are as follows: 1. To promote and secure development and expansion of new business. 2. To provide employment opportunities through the creation of new jobs. 3. To expand the tax base of the City. 4. To improve recreational opportunities in the City. 13 3 Development Program The Development Program for Development District No. 3 is attached hereto as Exhibit A and incorporated by reference herein. Anticipated private developments (the "Private Developments") within Development District No. 3 include the construction of a retail mall (including a grocery store and theater), medical office facilities, a bank, residential facilities, and related commercial and retail development. It is estimated that these improvements will be completed in the years and have approximate square footage and expected market values as follows: Table l: Eagan Development District and Tax Increment Financing District: Anticipated Tri -Land Development Completion Area A Fall, 1990 Area B Fall, 1990 Area C Fall, 1990 Area E Summer, 1991 Outlots Fall, 1991 (Areas D, Convenience F, G, H 800,000 Store/Gas and I) Station Residen- Fall, 1990 tial 2,800,000 Miscella- Residen- Fall, 1991 tial (including Building Expected Square Market Use Feet Value Retail Mall 95,000 $7,300,000 with Grocery Store Bank/Medical 28,000 2,000,000 Building Convenience 15,000 800,000 Store/Gas Station Theater 28,000 2,800,000 Miscella- 60,000 3,800,000 neous (including restaurant and com- mercial) -- 49,400 4,370,000* 94,900 8,395,000** *38 lots at average lot value of $115,000 **73 lots at average lot value of $115,000 \3� The location of the site of the described in Exhibit B attached the proposed buildings and uses on Exhibit C attached hereto. Private Developments is hereto. The locations of all for the Tri -Land site are shown The Private Developments which are expected to occur within those portions of Development District No. 3 which constitute the Tax Increment Financing District are as set forth above. No contracts have been entered into by the City for the construction of any of the public or private improvements. However, prior to the issuance of any bonds or the expenditure of tax increments derived from the Tax Increment Financing District for the improvements contemplated by the Development Program, the City expects to enter into a development agreement with Tri -Land under which Tri -Land will agree, subject to the terms of the agreement, to construct at least a portion of the Private Developments identified in Table 1 within the time schedule identified above, or other private improvements within the Tax Increment Financing District that justify and support the expenditure of tax increment revenues. The development agreement will also include matters relating to the Ice Arena. Intended Property Acquisiti ren The City intends to acquire the parcel identified in Exhibit C hereto as the site of the Ice Arena for purposes of the acquisition and construction of such Ice Arena. No property will be acquired for purposes of private development. TAX INCREMENT FINANCING Description of Propgrty in Tax Increment Financing -District The Tax Increment Financing District consists of the property described in Exhibit D. Because the property to be included in the Tax Increment Financing District involves a split of existing tax parcels, it is anticipated that Dakota County will defer identification of the parcels to be included within the Tax Increment Financing District until the filing of the revised plats for these sites. The City may prepare an addendum to this Plan to effect proper identification of the parcels described in Exhibit D. Basis for Findings The City has established the following facts as the basis for the findings required to be made pursuant to the Act and the estimates and projections set forth herein: 1. The Tax Increment Financing District is an "economic development district" within the meaning of the Act in that it consists of a project under the Act which (a) will result in substantial increased employment in the City, estimated at 100 new employees by 1992, and (b) will enhance the tax base of the City by providing an estimated additional 370,300 square feet of development by 1992, which the City expects will have a market value of $29,465,000 and a tax capacity of $964,568. 2. The proposed private developments expected to be constructed by Tri -Land would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary. The property in the Development District has not been developed as expected due in part to limited attractions in the area. The construction of the Ice Arena is necessary to aid in generating a customer base sufficient to support the proposed Private Developments, and Tri -Land could not, in the absence of tax -increment financing, finance such costs of construction in addition to the Private Developments in an economically viable manner. 3. This Tax Increment Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. The City's August, 1988, Comprehensive Plan identifies as goals the development of commercial and industrial complexes and the provision of services needed to support commercial and industrial development. The Development Program and this Plan have been reviewed by the Planning Commission of the City and found to be in conformance with the Comprehensive Plan of the City. Development District No. 3 is zoned for the uses contemplated by the private development contemplated by the Development Program. 4. The opportunity and feasibility for development of Development District No. 3 by private parties is maximized through the use of tax increment financing. Given the unavailability of funding from other governmental sources and the necessity of the recreational facilities to be constructed as an inducement to the private development on the site, the use of tax increment financing will maximize the development opportunities within Development District No. 3. 5. The City will not make an election pursuant to Minnesota Statutes, Section 469.177, Subd. 3, clause (b). Accordingly, the original tax capacity and current tax capacity will be determined before the application of the fiscal disparities provisions of Chapter 473F, Minnesota Statutes. District Certification and Duration f Tax Increment Financing, District The City expects to request a certification of this Tax Increment Financing District prior to April 1, 1990, after the filing of revised plats. Accordingly, original tax capacity is expected to be based on its value as of January 2, 1989, which is estimated to be $25,442. . As an economic development district, the maximum life of the Tax Increment Financing District is the lesser of (a) 10 years from the anticipated February 20, 1990, approval by the City Council or (b) 8 years from the date of receipt of the first increment, which is expected in June, 1992. Prior Planned. Improvements No building permits have been issued by the City for any properties in the Tax increment Financing District in the eighteen month time period preceding the expected February 20, 1990 approval of this Tax Increment Financing Plan. Original Tax Capacity According to information received from the office of the County Assessor and certain assumptions by the City staff, the most recent tax capacity of the taxable real property within Tax Increment Financing District is expected to be approximately $25,442, based on certain assumptions relating to the calculation of the tax capacity of the particular parcels. On this basis the City estimates that the Original Tax Capacity of the Tax Increment Financing District will be $25,442, although it is possible that the County Auditor may at the time of certification of the District arrive at a different determination of Original Tax Capacity. The County Auditor will add to the Original Tax Capacity in each year an amount equal to the Original Tax Capacity for the preceding year multiplied by the average percentage increase in the tax capacity of all property included in the District during the five years prior to certification. This increase is estimated to be 21.33%, based on an estimated January 2, 1984 market valuation of $650,649. The increase of market valuation from an estimated $650,649 in 1984 to an estimated $1,344,559 in 1989 is 106.65% or 21.33% per year. Original Tax Capacity Rate The Original Tax Capacity Rate applicable to the Tax Increment Financing District is expected to be .939978%. Estimated Captured Net Tax Capacity and Tax Incremen Current financial projections for the Tax Increment Financing District, based on assumptions that include completion of the Private Developments in accordance with the schedule set forth in Table 1 above, an Original Tax Capacity Rate of .939978% and estimated Original Tax Capacities and Current Tax Capacities as set forth in Exhibit E attached hereto, which assume an annual 3.00% increase in tax capacities of the improvements and an annual increase in the Original Tax Capacity of 21.33%, suggest that the total tax increment to be generated by the District will be $7,057,970, assuming termination of the District after 1999. These tax increments are expected to be received in the years and amounts as set forth in Exhibit E. Bonded Indebtedness It is currently estimated that the City will require Tri -Land to provide the costs of the acquisition and construction of the Ice Arena and subsequently reimburse Tri -Land out of actual tax increment collections. To evidence its repayment obligation, the City may issue a tax -increment revenue note (the "Note") pursuant to the Act, payable solely from tax increment revenues, to Tri -Land in an aggregate principal amount of up to $4,529,664. After adjustment for interest accruing in the period prior to receipt of tax increment, this would provide proceeds available for Ice Arena and other related costs of approximately $3,403,934. Estimated Sources and Uses of Funds Sources: Tax Increments $ 7,057,970 Note Proceeds 4,529,664 Other Sources -0- $11,587,634 Uses: Debt Service $ 8,183,700 Costs of Public Improvements 3,051,035 Administrative Expenses 352,899 $11,587,634 Uses of Tax Increments As permitted by the Act, the City will use the tax increments generated from the Captured Tax Capacity of the District primarily to pay the principal and interest on the Note or to reimburse Tri -Land for costs paid or incurred under the Program. A portion of the tax increment may also be used to pay administrative expenses incurred by the City, subject to -6- r 7 the limitations imposed by the Act. Pursuant to the Act, the City elects to retain 100% of all increments collected. However, the City retains the option, at any time during the life of the District, to retain some portion less than 100% of the annual tax increment, and pass on the remaining portion to other taxing jurisdictions in accordance with the Act. The City also retains the option to modify this Plan in accordance with the Act to include further expenditures of tax increments for additional public purposes. Additional Financings The City presently anticipates no other additional public financing for the District, except as described above. Eligible Uses The City has analyzed the proposed Tri -Land development for the purpose of determining compliance with Minnesota Statute, Section 469.176, Subd. 4c. The development by Tri -Land and any other private parties in the District does not consist of buildings and facilities which will be used more than 25% (measured by square footage) for the purposes listed in section 144(a)(8) of the Internal Revenue Code of 1986. Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes construction would have occurred without the assistance of tax increment financing. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the financing would not have occurred without the assistance of the City, the following represents the estimated potential impact if the "but for" test had not been met. Entity County of Dakota City of Eagan ISD No. Vo -Tech Special Impact on Potential Taxes Tax Capacity Current Rate Taxes l'� Estimated Captured Taxes Taxes Impact on Fiscal Disparities Original Tax Capacity $ Estimated Tax Capacity $ Captured Value $ Maximum Contribution (40%) to Metro Area Fiscal Disparities Pool $ 1988 Total Metro Area Contributions to Fiscal Disparities Pool $ % of Metro Area Pool 3724f �o EXHIBIT A DEVELOPMENT PROGRAM EAGAN DEVELOPMENT DISTRICT NO. 3 A. STATEMENT OF INTENT It is the intent of the City of Eagan to organize a development district and undertake a development program within the meaning of Minnesota Statutes, Sections 469.124 to 469.134 (the "Development District Act"), and to designate the project area as Development District No. 3 (the "Development District") for purposes of carrying out the public improvements hereinafter described and establishing the project area as a tax increment financing district pursuant to Minnesota Statutes, Sections 469.174 to 469.179 (the "Tax Increment Act"), in the financing of the improvements herein described. The boundaries of Development District No. 3 are as set forth in Exhibit D to the Tax Increment Financing Plan. In particular, there has been presented to the City a plan for the construction of an ice arena (the "Ice Arena") in order to induce and permit the construction of a retail mall (including a grocery store and theater) and related retail, commercial, office and residential development, all for the purposes of providing impetus for commercial development, providing employment opportunities, and enhancing the tax base of the City. B. STATEMENT OF NEED There is a need for new development in the City to provide employment opportunities, to increase the tax base and to improve the general economy of the state and the City. This need can be accomplished through the attraction of commercial development. In the case of the District, significant development can be attracted by the Program described herein. The action herein proposed to be taken by the City is found to have a public purpose in accordance with the Development District Act and is necessary to meet those needs. The primary commercial development which the City believes will be attracted as a result of the creation of the Development District and implementation of the Program is the construction of a major private -sector development consisting of approximately 370,300 square feet, consisting of a retail mall (including a grocery store and theater), medical office facilities, a bank, residential facilities, and related commercial and retail development, as set forth in Exhibit C to the Tax Increment Financing Plan. C. AUTHORITY TO ESTABLISH A TAX INCREMENT DISTRICT AND TO IMPLEMENT A DEVELOPMENT PROGRAM The City has power to establish a tax increment financing district under the Tax Increment Act and to undertake development programs as defined in the Development District Act. The City has authority under the Development District Act to acquire, construct, reconstruct, improve, alter, extend, operate, maintain or promote developments aimed at improving the physical facilities, quality of life and quality of transportation. D. DEVELOPMENT PROGRAM OBJECTIVES The objectives sought to be accomplished by the City in establishing its Development District No. 3 and in carrying out the Development Program for the Development District are as follows: 1. To promote and secure development and expansion of new business. 2. To provide employment opportunities through the creation of new jobs. 3. To expand the tax base of the City. 4. To improve recreational opportunities and quality of life within the City. E. DEVELOPMENT DISTRICT ACTIVITIES The objectives of this Development District will be accomplished through the acquisition and construction of a regional ice arena with one Olympic size sheet of ice with seating for 3,500 to 4,000 spectators and an additional standard size sheet of ice, to be available for use by a wide variety of groups including School District 196, Special Olympics, Eagan Hockey Association, and skating clubs. Also included in the ice arena facility will be a bi-level, multi -use structure which will house locker rooms, management offices and reception facilities. F. LAND USE All development on lands in Development District No. 3 will be for the uses described above and for uses permitted by law. The Development Program does not involve any restrictions on the use of private property. 2�Y G. LAND ACQUISITION In connection with the Development Program, the City will acquire no properties other than the site of the Ice Arena and any rights-of-way necessary for the construction of the Ice Arena. H. ADMINISTRATION The City Administrator shall be responsible for the administration of Development District No. 3 on behalf of the City of Eagan. I. ENVIRONMENTAL CONTROLS Construction of the improvements will be subject to all environmental permits and controls required by law. No additional environmental controls are contemplated as part of the Development Program. J. MAINTENANCE AND OPERATION. The maintenance and operation of the Ice Arena to be constructed as part of the Program is expected to be the responsibility of the City, and it is expected that the Ice Arena will be operated and maintained in the same manner as other City facilities from general funds appropriated or available therefor. K. COORDINATION WITH OT�IER GOVERNMENTAL 'UNITS Construction and operation of the improvements contemplated by this Development Program will require coordination with other affected governmental units, including ISD 197 and SISD 917. 3725£ i�3 i�� I-' 1 / LI, '; `; c� 0 Favi rOng ar F P. z t :1 -o x rt m H n � � � 11 4§ EXHIBIT C In I 0 C) Z H r , k z M rn U) .ANLEPTUA_ 517E PLAN- ..=OR F- Gari r INTEK ro 0 r z tzj �Z o o n C H H Od U] y H � Z O 0 Z i.� K r d 1L TNI-Wi0 $URVEYING CO.M sxictian � E/+alcus i R,wvls 4 t 4 1 /•sLW Y0 Au { RCN! . !1511: EXHIBIT D FARCE JR NUMBZRS 10-224-07-010-00 Area connecting S -F & Retail 10-224-07-020-00 (New parcels to list 10-224-07-030-00 10-450-70-040-00 Future Site of Retail and Arena 10-450-71-010-00 Future S -F Housing 7th Addition 10-450-73-020700 Future S -F Housing 6th Addition 10-450-73-010-01 10-450-73-020-01 10-450-73-030-01 10-450-73-040-01 10-450-73-050-01 10-450-73-060-01 10--450-73-070-01 10-450-73-080-01 10-450-73-010-02 10-450-73-020-02 a0-450-73-030-02 10-450-73-040-02 10-450-73-050-02 10-450-73-060-02 10-450-73-070-02 10-450-73-080-02 10-450-73-090-02 10-450-73-100-02 10-4 50-74-010-01 10-450-74-020-01 10-450-74-010-02 10-450-74-020-02 10-450-74-030-02 10-450-74-040-02 10-450-74-050-02 10.450-74-060-02 10-450-74-010-03 10-450-74-020-03 10-450-74-030-03 10-450-74-040-03 10-450-74-050-03 10-450-74-060-03 10-450-74-070-03 10-450--74.080-03 10-450-74-090-03 10-450-74-100-03 10-450-74-110-03 10-450-74-170-03 Future S -F Housing 4th Addition Future S -F Housing 5th Addition U f 10 -Jan -90 City of Eacan EXHIBIT E Paye f rf r� „ �,A#RRR#iR*"**+wttiiY#*Fww*#R*i+#i**www`RiintR#**wwRYfii*ii**Rfi#RRii**w#wRwR#Ri*rt*w+RR**ti*RwieiRtRRfRrtwRiiiirRifi.Aii#Riff + Base Prolect Captured Oraea Net Revenue Revenue •PERF BEGINNING + Tax Tax Tax Tax Tax Nate No.1 Note No.2 PERIOD EN014G • + Yrs. Nth. Yr. Capacity Capacity Capacity Incrataent 0.00% Increment 12.00% 12.00% Yrs. • w--•--------....•----------- ................... Mtn. Yr. ' C.0 02•C2 1990 25,442 25,442 0 0 ' 0.5 C8-02 1990 25,442 25,442 p 0 0 0 0 0 08.01 199 • * 1.0 C2 -C2 1991 30,868 30,8.:8 0 0 0 0 0 1.0 02-01 19931 • " 1.5 08.02 1991 10,668 30,868 0 0 0 0 0 0 0 1.5 08-^1 1991 • " 2.0 C2.02 1992 371452 544,;52 507,500 238,519 D2_ 0 m 8,519 0 240,003 0 0 2.0 Q-01 1992 + ' 2.5 Ov-C2 1992 37,452 544,9;2 507,500 238,519 0 238,519 2,10,030 0 2.5 08-01 17992 • i 3.0 02-02 1993 45,441 993,505 93.8,064 445,580 0 445,580 210,000 205,58 ,1 3.0 3.5 ,^,2.01 1993 • + • ' 3.5 03-02 19.3 45,441 993,505 468,064 445,580 0 445 580 240,CO0 4.0 C8-01 02-01 1493 IV94 " 4.0 025•02 19;4 55,133 1,023,310 968,177 455,032 0 455,032 240,000 215,032 4.5 C8-01 1994 • 4.5 C3-32 1944 55,133 1,023,310 968,177 455,032 0 455,032 240,000 215,032 5.0 C2-01 1955 ' 5.0 Oc-C2 1975 66,893 1,054,409 967,116 463,934 0 463,934 240,000 223,934 515 08•D1 1995 * " 5.5 0.02 1995 66,893 1,054,C09 987,116 463,934 0 463,934 240,000 223,9346 02-01 1995 w ' 6.0 6.5 :c C? 1946 81,161 1,085,630 1,004,468 472,CE9 0 472,089 240,00:1 232,09 .0 6.5 08•01 1996 • =-5-r-2 1996 81,161 1,0.85,630 1,^04,468 472,OSY 0 472,089 240,00; 232,089 7.0 02-01 1937 • • 7.0 02':2 199' 95,473 1,118,199 1,01,?,726 479,260 0 479,260 240,003234,260 7.5 08 ;1 1997 • * 7.5 Gw ;'2 1477 98,4(3 1,118,199 1,019,726 479,260 0 479,260 240,000 239,260 P.0 02-01 1998 ' " 8.0 C•2 -C2 ',_' `"3 117,477 1,151,745 1,1-32,268 485,154 0 485,154 240,000 245,154 8.5 CS -01 19,8 * * 8.5 S2 17-78 119,177 ?,351,7:5 1,:J_"r, 268 485,154 C 485,154 240,000 245,154 9.G 02-01 1^,99 ' 4.J 02.2 1449 144,961 1,1°6,297 1,041,336 489,416 D 489,416 240,000 249,416 9.5 GE -01 19799 * 9.5 C03-_2 1959 144,461 1,186,247 1,041,336 499,416 0 489,416 240 000 249 416 r 10.0 02.01 2=?�0 * -ssin rxe====�� xairee__=¢w zea:ws=r_a:�aaaaea_=osa:uewaeeocwres.a:±=== sc■■aaenttm,caaaaRt:a===cxaatec====acssaae===a==ccsi Totals 7,057,970 0 7,057,970 3,810,000 3,220,931 •arzn_�acasaat�c==-�v2eea::�---- -.-..�raeaR:«rix,as:aw:_eo=c�aaau:xe=c_cc■a:a====csraaa-e=_o.-.-zrex_nn+ ' Present values 3 4X� 3,93, 0 3,403,934 1,921,156 1,484,928 **RY7R RrRi.i*i#RiRwR<Riiirt•*wwiw#Y##firt**RRiRii#itR*wRR*i}#wawwwRRRRYfi*R#wR#**ikr"/,. "txii#wiic.tt lea EXPENSE AGREEMENT EXPENSE AGREEMENT By and between the CITY OF EAGAN, Minnesota (the "City") and TRI -LAND PARTNERSHIP OF EAGAN (the "Company") WHEREAS, the City and the Company have a mutual interest in developing a plan for the construction and financing of an Ice Arena which would encourage development of the Company's property in the City (the "Plan"); and WHEREAS, the Plan will involve the creation of a tax increment financing district; and WHEREAS, development of the Plan is likely to involve substantial financial consulting and attorney costs on the part of the City. NOW, THEREFORE, the City and the Company hereby agree as follows: 1. The Company agrees to pay or reimburse the City for its expenses paid or incurred in connection with the development and furtherance of the Plan, including fees of attorneys, financial and other consultants, subject to a maximum of $50,000, regardless of whether a Plan is ultimately developed or implemented by the City. 2. The Company shall make payments hereunder not more often than monthly within 30 days of being billed therefor by the City. 3. Either the Company or the City may terminate this agreement at any time upon written notice to the other party. In the event of termination, the Company is obligated to pay or reimburse expenses related to the Plan which were incurred by the City through the date of termination, subject to the $50,000 maximum. 4. In the event a Plan is implemented, amounts theretofore paid by the Company hereunder shall, to the maximum extent permitted by law, be included in the amount to be financed with tax increment and reimbursed to the Company. 5. The Company acknowledges that the City has no obligation hereunder or otherwise to proceed with the implementation of the Plan and that the Company shall not be entitled to rely on this Agreement or any other representations to the contrary. The determination to proceed with the Plan or any stage thereof shall be within the complete discretion of the City Council. 6. Notwithstanding the $50,000 maximum on the Company's obligations hereunder, the City is not precluded from requesting additional reimbursement for expenses as a condition of proceeding further with the study or implementation of the Plan. Dated: January 16, 1989. 3727f CITY OF EAGAN By Mayor And City Clerk -Treasurer TRI -LAND PARTNERSHIP OF EAGAN By Its -2- � Is"'D EXPENSE AGREEMENT EXPENSE AGREEMENT By and between the CITY OF EAGAN, Minnesota (the "City") and TRI -LAND PARTNERSHIP OF EAGAN (the "Company") WHEREAS, the City and the Company have a mutual interest in developing a plan for the construction and financing of an Ice Arena which would encourage development of the Company's property in the City (the "Plan"); and WHEREAS, the Plan will involve the creation of a tax increment financing district; and WHEREAS, development of the Plan is likely to involve substantial financial consulting and attorney Costs on the part of the City. NOW, THEREFORE, the City and the Company hereby agree as follows: 1. The Company agrees to pay or reimburse the City for its out -o£ -pocket expenses paid or incurred in connection with the development and furtherance of the Plan, including fees of attorneys, financial and other consultants, regardless of whether a Plan is ultimately developed or implemented by the City. 2. The Company shall deposit $25,000 with the City as an initial deposit toward the expenses anticipated to be incurred hereunder. Such deposit shall be made on or prior to January 19, 1990. Any unused portion of the deposit will be refunded to the Company. The Company shall make any additional deposits which the City may request to cover any additional out-of-pocket costs reasonably anticipated to be incurred over a period of not more than one month. 3. Either the Company or the City may terminate this agreement at any time upon written notice to the other party. in the event of termination, the Company is obligated to pay or reimburse expenses related to the Plan which were incurred by the City through the date of termination. 9. In the event a Plan is implemented, amounts theretofore paid by the Company hereunder shall, to the maximum extent permitted by law, be included in the amount to be financed with tax increment and reimbursed to the Company. 5. The Company acknowledges that the City has no obligation hereunder or otherwise to proceed with the implementation of the Plan and that the Company shall not be entitled to rely on this Agreement or any other representations to the contrary. The determination to proceed with the Plan or any stage thereof shall be within the complete discretion of the City Council. Dated: January 16, 1989. 3727f CITY OF EAGAN By Mayor And City Clerk -Treasurer TRI -LAND PARTNERSHIP OF EAGAN By Its -2- Agenda Information Memo January 16, 1990 City Council Meeting SENECA WASTEWATER TREATMENT PLANTIPRESENTATION BY CITIZENS B. Seneca Wastewater Treatment Plant, Presentation by Citizens Against Seneca Capacity Expansion --Mr. John Westley, representing a group identified as Citizens Against Seneca Capacity Expansion (CASCE), has requested time on the January 16 meeting to present certain issues and concerns that suggest a breach of contract in agreement with the MWCC and their current expansion of the Seneca Wastewater Treatment Plant. For additional information on this item, refer to a le ter and attach ents forwarded to the City by Mr. Westley and referenced as pages through 455. A specific issue raised in Mr. Westley's letter relates to violation of the Federal Clean Water Act. Mr. Westley states, "By excess dewatering of the site they are now breaking FCWA regulations regarding drainage of the same Natural Wetlands and water basins for whose protection the law was enacted". This letter continues to reference the development agreement section regarding the dewatering permit. The City staff recently met with DNR staff to discuss the City's request for a hearing regarding the amendment to the temporary appropriation permit issued by the DNR to VM% MWCC. This permit specifically addresses the dewatering activities at the Seneca Wastewater Treatment Plant. For background information on that meeting, r fer to a memo prepared by Kristy Marnin, Planner I, enclosed on pages through (� After meeting with DNR staff, it was felt that a public informational meeting could be held in February to address the DNR water appropriation permit and would involve all State agencies, as well as an opportunity for interested citizens and certainly the City of Eagan to have input in the process. This would allow input into the upcoming legislative session. If a full hearing process is required with the selection of an administrative law judge, the hearing and findings may not be available until after the legislative session. The City Council may want to consider one of three alternatives: a) consider a public informational meeting to be scheduled in February, b) proceed with the full hearing process before an administrative law judge, c) request the public informational meeting and full hearing before an administrative law judge allowing for some input into the legislative session if necessary. Regarding the concerns raised by Mr. Westley in his letter, City staff will review all the points and provide the appropriate responses at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: 1) Address the various issues presented by Mr. John Westley, representing CASCE, and 2) provide direction regarding the appropriate hearing for considering the DNR water appropriation permit. Mr. Tom HPdgQs January 7. 1990 City Administrator 3930 Pilot Knob Rd. Eagan MN 55122 Re:Seneea WWTP capacity expansion development breach of contract and agreement by the Metropolitan Waste Control Commision(MWCC) Sir, As requested by your staff, this is written notification of our desire to be placed the January 16th City Council meeting agenda for the purpose of compliance reviewal relating to the above re_ferPnced project. On December 6,1989 the Minnesota State Legislature Environment and Natural Resources Committee found the MWCC in violation of MN Statute 105.405 by diverting more than twice the allowable two millicn gallon per day limit without Legislative and DNR approval. Ry this action the MWCC also has drrwn pollutants into the surrrunding wells and water basins in violation of Dakota County Health Standards. Further, the City of Eagan's zoning, platting, building, and sub -division ordinances are being subverted (see enclosure)by the capacity expansion that is being allowed to take place on land that i designated as a protected Flood Plain District by City Code. Finally, the MWCC continues to procede with the capacity expansion of this plant delaying the immediate effluent upgrading that is required by their violation of the Federal Clean Water Act(FCWA). By excess dewatering of the site they are now breaking FCWA regulations regarding drainage of the same Natural Wetlands and water basins for whose protection the law was enacted. These known and recognized violations of law clearly breaches Article II Section 2.1E of the City's development agreement and of the .standard development contract in regards to permit non- compliance. These clauses require that the City declare the developer in default and restrain further development until corrective actions are complete. Our City has the jurisdiction and more importantly the obli- gation to protect it's environment and resources by enforcing compliance with all laws including our own regulations,contracts, agreements, ordinances, codes, and permits in the most expediant manner possible. Potential continued damage is imminent unless whatever actions necessary are immediately taken to seek enforce- ment and an equal appplication of justice. n� SincerelPenso'h Wesley cc: Eagan City Council CitiAgainst Sene Capacity F.xpansion(CA CE) IAN TRAQUAIR BALL ATTORNEY AT LAW 2116 SECOND AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55404 6121874.7070 November 15, 1988 Eagan City Council Municipal Center 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: MWCC Seneca Plat Addition Dear Mayor and City Council Members: I represent John Westley, of 1747 Bluebill Drive, Eagan with respect to the above preliminary plat, which is scheduled for hearing on November 15, 1988. The preliminary plat is for the purpose of expansion of the Seneca Waste Water Treatment Plant. Because the preliminary plat does not conform to present city subdivision and zoning regulations, plat approval should be denied. Subdivision Four, Zoning Regulations of Section 13.20, Subdivision Regulations, explicitly requires that land subdivision must comply with city zoning regulations: "Subd. 4. Zoning regulations. Every plat shall conform with existing provisions of the City Code and subdivision regulations applicable at the time of proposed final approval..." The subject property is located as a legal non -conforming use in an area presently zoned as I-1 Limited Industrial. Subdivision 16, I -Limited Industrial District, of the city zoning code, Chapter 11, makes no provision for wastewater treatment plant facilities either as a permitted or as a conditional use. Accordingly, any proposed changes to the Seneca wastewater treatment facility must comply with the requirements of subdivision 3, section 11.10, Non -conforming Uses. Paragraph A of subdivision 3 allows an expansion of a legal non -conforming use only if it would conform to the provisions of Sections 6.01 through 6.06, now repealed. The applicable requirements of Section 6.03, subdivision 1, are as follows: t "Subdivision I. -- NON -CONFORMING USES. Any lawful use of any structure or land existing at the time of adoption of this ordinance or any amendments thereof which does not conform to the permitted uses in the district in which such land or structure is located may continue provided that: A. No substantial change is made in any land or structure. B. No addition which amounts to more than 5% of the value of any such non -conforming structure is made." The proposed preliminary plat consisting of 87.83 acres is obviously a substantial change to the existing facility, and the proposed improvements well exceed the 5% standard of that section. Because the proposed project is for a legal non -conforming use and does not comply with the requirements of Section 13.20, subdivision Four, and Section 11.10, subdivision 3, including Section 6.03, the city must deny preliminary approval. ITB/tke j 5� Sincerely, lJ - I- r'!C'C. ! i Z f Ian TraquaiBall i IAN TRAQUAIR BALL ATTORNEY AT LAW 2116 SECOND AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55404 612/874.7070 December 6, 1988 Eagan City Council Municipal Center 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: MWCC Seneca Plant Addition Dear Mayor and City Council Members: I am writing in behalf of John Westley, of 1747 Bluebill Drive, Eagan, in regard to the proposed preliminary plat for the expansion of the Seneca Waste Water Treatment Plan. A number of objections to the expansion have been made by Eagan residents, including the objection that the proposed expansion does not conform to the present zoning, and so must be denied. Your city subdivision ordinance requires that land subdivision must comply with city zoning regulations. Section 13.20, Subd. 4, of the city's Subdivision Regulations speci- fically requires plats to conform to city zoning. The property under consideration is presently zoned as I-1 Limited Industrial. This zoning district was enacted by the Eagan City Council in January, 1983. No provision was made for wastewater treatment plants as either a permitted use or a conditional use. As a result, any changes to the wastewater treatment facility must comply with the requirements of Section 11.10, Subd. 3 of the zoning ordinance for non -conforming uses. The applicable standards prohibit any substantial change in land or structure, or in excess of 5 percent of the value of the non -conforming structure. The proposed plat must be denied because the treatment plan expansion violates both criteria. Proponents of the expansion have argued that the city must permit expansion of the plant, because it is a non -conforming use initially permitted by the city. This argument is not supported by Minnesota zoning law, which has long held that local governments have the authority to restrict the expansion of non- conforming uses and structures. j Eagan City Council ' December 6, 1988 Page 2 A case in point is County of Freeborn v. Claussen, 295 Minn. 96, 203 N.W.2d 323 (1972). In that case, a property owner used his property for storage and repair of earth -moving equipment. Subsequently, the town zoned the property as residential and the use became a valid non -conforming use. When the property owner sought to expand, the county denied the permit. The Minnesota Supreme Court upheld the county's refusal to allow expansion: "It is not required, however, that pre-existing non -conforming uses be allowed to expand or enlarge. The public policy behind that doctrine is to increase the likelihood that such uses will in time be eliminated due to obsolescence, exhaustion, or destruction." Id, at 99. The fact that the city may not have enforced the ordinance against any plan changes in the past does not prevent the city from correctly enforcing the ordinance, even if the property relied to his or detriment on prior city action. See Frank's Nursery Sales v. City of Roseville, 295 N.W.2d 604 (1980). This is a principle long recognized throughout this country. In reality, the proponents of this project are attempting to accomplish a defacto rezoning of the property by claiming that its grandfathered status permits an expansion of use which would otherwise require a rezoning. This approach is clearly improper and subverts the procedural requirements of your zoning ordinance. Accordingly, the plat application should be denied. ITB/tke Sincerely, Ian Traquair Ball 5� MEMORANDUM TO: Tom Hedges, City Administrator FROM: Kristy Marnin, Planner I DATE: January 11, 1990 SUBJECT: Request for Hearing on DNR Water Appropriation (Dewatering) Permit - Seneca Plant City staff met with Minnesota Department of Natural Resources (DNR) staff on January 5, 1990, to discuss the City's request for a hearing regarding the Amendment to Temporary Appropriation Permit 7#89-6092 issued by the DNR to the MWCC for dewatering activities at the Seneca Wastewater Treatment Plant. The purpose of the meeting was to review the process involved for such a hearing. DNR staff noted that the requested hearing would involve giving testimony on the permit to an administrative law judge. After hearing all testimony, the administrative law judge would make a recommendation to the DNR Commissioner, and then the DNR Commissioner would make the final decision regarding the permit. DNR staff also informed City staff that, considering the time frame required for the hearing process, it is unlikely that the recommendation of the administrative law judge would be available prior to the end of this legislative session. The issue of water appropriations (dewatering among them) is intended for action during this legislative session, and the potential exists for such legislative action to resolve the dewatering activities at the Seneca Plant (and other water appropriation issues), thus possibly rendering any recommendation by the administrative law judge moot. Because of the above noted issue, a public informational meeting was discussed by City staff and DNR staff as an alternative to the hearing. This public informational meeting could be held in February, and include all involved agencies --DNR, MWCC, Minnesota Pollution Control Agency (MPGA), Minnesota Department of Health (MDH), Dakota County Public Health Department, City --and all interested citizens. Issues and concerns related to the Seneca Plant project could be discussed by all involved parties at this meeting. It was suggested that an administrative law judge, as a neutral party, could chair this meeting. At the conclusion of the January 5, 1990 meeting between City staff and DNR staff, it was decided to proceed with organization of the above described informational meeting. 159 Tom Hedges January 11, 1990 Page Two All of the above information was provided to the Seneca Plant area residents who attended the Seneca Odor Control Advisory Committee meeting on January 10, 1990. The residents expressed strong opposition to the suggested informational meeting, and stated that they saw no real purpose to such an informational exchange. They expressed concern that this meeting would be nothing more than "PR". The residents want the requested hearing to be held so that a definite decision is made regarding the water appropriation permit, regardless of whether this decision would post-date potential legislative action. Also, the residents said that they felt the decision to continue the City's request for a hearing or to hold an informational meeting should be made by the City Council, and not City staff. They noted that they will bring this issue up for discussion at the January 16, 1990 City Council meeting. If you have any questions regarding this matter, please advise. cc: Dale Runkle Jim Sturm I (DD Agenda Information Memo January 16, 1990 City Council Meeting SENECA ODOR CONTROL ADVISORY COMMITTEE/CONSULTANT C. Seneca Odor Control Advisory Committee, Use of Consultant --At their meeting on December 13, 1989, members of the Seneca Odor Control Advisory Committee determined that they would request from the Eagan City Council that a member of the engineering firm designated by the City Council to act as the City's consultant regarding odor control improvements at the Seneca Plant (Metcalf & Eddy Services, Inc.) attend all Committee meetings. It is not clear whether the City Council intended the scope of services to be provided by the consultant to include attendance at Committee meetings. Therefore, staff is requesting a clarification/reiteration of the role of Metcalf & Eddy as the City's consultant on the Seneca Plant project from the Eagan City Council. Enclosed on pages .through is a copy of a memo from Kristy Marvin, Planner I with the City of Eagan, detailing a number of options from which the City Council may choose regarding the consultant attending Committee meetings and also the scope of review to be performed by the consultant. ACTION TO BE CONSIDERED ON THIS ITEM: To select the amount, if any, of meetings the consultant will attend of the Odor Control Advisory Committee and also to determine the extent of review by the consultant of correspondence/reports regarding odor control improvements at the Seneca Plant. MEMORANDUM TO: Tom Hedges, City Administrator FROM: Kristy Marnin, Planner I DATE: January 8, 1990 SUBJECT: City Council Agenda Item - January 16, 1990 Use of Consultant for Seneca Odor Control Advisory Committee At its December 13, 1989 meeting, resident members of the Seneca Odor Control Advisory Committee requested that a representative of Metcalf & Eddy Services, Inc., the engineering firm designated by the City Council to act as the City's consultant regarding odor control improvements at the Seneca Plant, attend all committee meetings. The scope of services to be provided by Metcalf & Eddy, as discussed in correspondence to you from John Wood dated September 25, 1989, generally include review of the odor control equipment being installed, review of changes to the odor control equipment/program, and evaluation of the project progress. The City Council is requested to provide a clarification/reiteration of the role of Metcalf & Eddy as the City's consultant on the Seneca Plant project and on the administration of information to the consultant. Following are potential options for the scope of services. One of the numbered (1-3) options should be chosen and combined with one of the lettered (A -B) options for a complete scope of services. 1) 2) 3) Consultant attendance at all odor committee meetings. If the consultant were to attend all of the monthly committee meetings, technical questions raised could be potentially answered immediately. However, attendance at every meeting by the consultant may be cost prohibitive, and does not guarantee immediate answers to technical questions. No consultant attendance at odor committee meetings, but transmittal of specific committee questions to the consultant for a written response. This option provides answers to technical questions raised at committee meetings, although not on an immediate "on the spot" basis. Consultant attendance at select odor committee meetings. This option would be a compromise between options 1 and 2. "Select" committee meetings could be quarterly, or the first meeting following transmittal of a consultant -prepared review of some particular report or change. Tom Hedges January 8, 1990 Page Two A) Consultant review of all correspondence/reports generated by the project. A significant amount of paper work is generated related to the Seneca Plant project. Sending all correspondence/reports prepared for the project to the consultant for review may also be cost prohibitive, and may go beyond the specific scope of the committee (eg. much of the correspondence relates to dewatering and other issues as opposed to odor control). B) Consultant review of project progress reports (required semi- annually of the MWCC by the development agreement) and other reports required by the development agreement, but not all correspondence/reports generated by the project. Sending project progress reports, special odor control reports/ studies, and other reports required by the development agreement to the consultant for his review provides a relatively wide, yet specific range of review. If you have any questions regarding this matter, please advise. cc: Dale Runkle Jim Sturm senconsu.ltn Agenda Information Memo January 16, 1990 City Council Meeting REZONINGIPOPPLER HOMESTEAD #21PRELIMINARY PLAT A. Rezoning, Poppler Homestead #2/Lawrence Poppler, a 4.55 A (Agricultural) Acres to an R-1 (Single Family) District and a Preliminary Plat Consisting of Three Single Family Lots Located on the South Side of Lone Oak Road East of Pilot Knob Road in the Northwest 1/4 of Section 10--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on December 21, 1989 to consider an application submitted by Lawrence Poppler for rezoning of 4.55 agricultural acres to single family and for a preliminary plat consisting of three single family lots. The APC is recommending approval of this application. The APC is also requesting the Council to consider relaxing street width standards for this application. For additional information on this item, please refer to the staff repop coordinate by the Community Development Department and enclosed on pages 1(hrough For additional infQT ation, please refer to minutes of the APC meeting enclosed on pages -17qthrough For a copy of the Advisory Parks and Recreation Commission action, refer to pagely- ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the rezoning and preliminary plat for Poppler homestead #2. SUBJECT: REZONING, VARIANCE, PRELIMINARY PLAT (DOPPLER HOMESTEAD #2) APPLICANT: LAWRENCE G. POPPLER LOCATION: NW 1/4 OF SECTION 10 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: DECEMBER 21, 1989 DATE OF REPORT: DECEMBER 12, 1989 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY: An application has been submitted requesting a Rezoning of Outlot A (5.19 acres) from A to R-1 (Single Family) and a Preliminary Plat consisting of three lots. BACKGROUND: This proposal was originally scheduled for the June 271 1989 Advisory Planning Commission meeting as a replat of the original Poppler Homesteads, however the applicant withdrew his application and asked to be continued until a later date due to questions regarding easement requirements on the east side of plat. The proposal submitted for review at this time is a separate plat: Poppler Homesteads #2. EXISTING CONDITIONS: This site is located directly south of Lone Oak Road, west of Lemay Lake Apartments, north of Lemay Lake, and east approximately one-quarter mile from Pilot Knob Road. The applicant is seeking to rezone Outlot A from its current Agricultural zoning to R-1 (Single Family). The Comprehensive Guide Plan designates this area as D -II (0-6 units/acre). The proposed project is consistent with that plan. Poppler Homesteads Addition was platted in 1962 for single family residences. The site is primarily open grassland, however there are approximately 11 mature pine trees located within the 60' roadway easement. A house is presently located on proposed Lot 8. A pond is on proposed Lots 8 and 9, and proposed Lot 7 incorporates 72,695 sq. ft. of Lemay Lake and has approximately 220-240' of frontage along the lake. SITE PLAN: The total 5.19 acres includes three lots. As proposed, all lots exceed the 12,000 sq. ft. lot requirement for an R-1 district. The lots range in size from 29,283 sq. ft. to 106,256 sq. ft. Total density for the project is .57 units per acre. The setback from Lemay Lake, according to the Shoreland Ordinance, is 50' from the Ordinary High Water Mark (OHWM). The applicant is requesting a 10' Variance from the required 50' setback along Lone Oak Road (CSAS. No. 26) and a 10' Variance from the 30' required setback along Poppler Lane for proposed Lot 9. The purpose of the request is to allow the parcel to be developed with a 40' setback from Lone Oak Road and a 20' setback along Poppler Lane. The steep terrain which leads to the pond and the restrictive setbacks substantially restrict the location of a home on this lot. Access to the three lots is gained from the 805' cul-de-sac, Outlot B. A Variance is necessary for the cul-de-sac link in excess of 5001. The major issue with this proposal is whether the 60' wide roadway easement becomes dedicated right-of-way and the street is upgraded to conform with City Code requirements. The applicants want to keep the bituminous street in its current uncurbed, driveway like, condition. GRADING DRAINAGE EROSION CONTROL: Grading of the property was completed in the late 60's with the initial platting of the proposed development. Staff anticipates no problems with the proposed grading and house elevations that are indicated on the grading plan. Proposed house elevations exceed the minimum free board required between anticipated pond high water levels and the proposed house elevations. Storm sewer improvements were not included as a part of the application but would be required as part of the upgrading of Poppler Lane to City standards. Storm water drainage from the area flows into Pond DP -15. Pond DP -15 is a designated ponding area in the City's Comprehensive Storm Sewer Plan. Pond DP -15 does not have an outlet at this time. With the recommended street upgrade it is anticipated that the ponds percolation capacity will reduce, thus creating potential for flooding. Staff recommends that an outlet for Pond DP -15 be constructed as a part of the recommended street improvements. Anticipated storm water runoff from the site drains into Pond DP - 15, a type 4 wetland, which in turn drains into Lemay Lake. No significant water quality impact is anticipated in Lemay Lake because of this development. UTILITIES: Sanitary sewer and water main were installed to service this area as a part of City Project #49 in 1970. Sufficient sewer and water services were provided at that time to serve the proposed plat. The development is required to extend sanitary sewer and water service to each platted lot. STREETSIACCESSZCIRCULATION: The plat is presently served by a substandard bituminous cul-de-sac street off of Lone Oak Road (County Road 26). The existing street, which is located on an existing 60' roadway easement, extends approximately 780' southerly of Lone Oak Road. The applicant is proposing to leave the existing bituminous roadway in its present condition and not upgrade the roadway to City standards. Staff recommends as part of this platting that the roadway be upgraded to City standards and the appropriate road right-of-way be dedicated with the plat. Grading for the street will result in some filling of Pond DP -15, but the proposed filling will not impact the ponds required storage capacity or anticipated high water level. EASEMENTSJPERMITSJRIGHTS-OF-WAY: As stated above, a dedicated street right-of-way should be included as a part of the platting. In addition to the existing roadway, the plat is affected by a temporary construction easement for the construction of a sanitary sewer which crosses proposed Lots 1 and 2. This temporary easement is no longer needed and can be vacated. The existing sanitary sewer easement is not of sufficient width to adequately protect the existing sanitary sewer. Staff recommends the following revisions and additions to the easements for the platting of this property: �41 A. Revision of the existing ponding easement for Pond DP -15 to include all areas up to the defined high water level in accordance with the City's Comprehensive Storm Sewer Plan. To accomplish this, the existing ponding easement which was intended to cover Pond DP -15 is in error and portions of it will need to be vacated as a part of the final platting. B. The development is required to provide a 30' utility easement for the existing sanitary sewer which crosses proposed Lots 1 and 2. C. Addition of a ponding easement over Pond DP -2 (Lemay Lake) to the defined high water level as identified in the City's Comprehensive Storm Plan. FINANCIAL OBLIGATION - POPPLER HOMESTEADS NO. 2 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. The obligation is computed using the 1990 rates. Improvement Prol ect # use Rate +Quantity Amort Sanitary Sewer Trunk 49 $690/lot 2 $1,380 Storm Sewer Trunk 424 sf .056/s�a) 78,713 sf 4,408 Water and Sanitary 49 1,511 1.511 Total $7..299 (a)$350 @ 8% per year, for 1971 to 1989, i.e. 19 years compounded annually. DOPPLER HOMESTEADS ADDITION #2 CONDITIONS 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4, C1, C2, C5, D1, E1, F1, and G1. 2. The development is required to upgrade the existing substandard bituminous roadway in accordance with City Code requirements. 3. The development is required to include the dedication of a public road right-of-way for Poppler Lane in the final plat. 4. The development is required to extend sanitary sewer and water service to the right-of-way line of each platted parcel. 5. The development is required to revise the existing ponding easement for Pond DP -15 to include all the areas up to the defined high water level as identified in the City's Comprehensive Storm Sewer Plan. 6. The development is required to provide a ponding easement for (Pond DP -2) Lemay Lake to the defined high water level as identified in the City's Comprehensive Storm Sewer Plan. 7. Ten foot setback variances from Lone Oak Road and Poppler Lane shall be permitted with the approval of this plat. 8. Lots 7,8 and 9 shall be renumbered to Lots 1, 2 and 3. A. B. C. STANDARD CONDITIONS OF PLAT APPROVAL Assessments 1. This development shall accept its additional assessment 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. Easements and Rights -of -Way 1. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. Plans and Specifications 1. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff 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. no STANDARD CONDITIONS OF PLAT APPROVAL PAGE TWO 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not release 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 design standards. D. Public Improvements 1. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. F. Parks Dedication 1. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. G. Other 1. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 Se2tember 15, 1987 Revised: PLATAPPR.CON LTS #1 6/12/89 k--� 6aivE P�sw -- r Ai4 e7- a vik I T1. A - ?A --.Al nd. u S 00 Ts 113 ,Aid ' PRELIMINARY PLAT OF - ------ -- �� POPPLER HOMESTEADS NO. 2 ...riot1— OVftrt ., fw►l.r tewu•d•. .....al.{ tr tb .we.rY� ontl. r..f rr f11• /w tt. .ff1...1 ew• C.vn1i tra«. W...nr 1-041 a{r L.Itw•1 ,, ,r t.wlw{: 51,41• W-111 {r.t.ewtt.l KISM 6.66 unit. frr .t" MJ r.r. w.r G. f.t.p•t 4{.., Mt wnrrsta SSIJI fr.ew ; alA. N,1 L � s% J. wrf.lmy fwl 1. RI+R.n a {nn - J7) D.. e.a A•r. Ma !.. fsul, M. S,IIt 0".") Afar Q.+.y+ a J.9r EYw• r a1Ar 1•r rtrrff .I :atrr R7 11.:. I.....In ... ..r •:t rIw ti.1•.� ., tVA l arr..r ptt 11{.[10 N.L, a,lH K. t.t.1 an. N {a 1 ♦....t.+• f.w• M{A wur I.wl )). Taa N.ft. 1t. 07, N.tt. •.!!0 K. D.a7r a[. twit ar.a {.t J Ja. 1>+ N•t.. N.fa, 1.7Da K. O. iaa .C. ar...wr pwa al{a wt.r 1•w1 !7.lM Tw.l asn. L.t) Tt,.f. N J.J{1 K yv AI{* wt.r IMl 77,{IJ Ili N•ftt• {.at) AC.. W...nr 1-041 a{r L.Itw•1 ,, ,r t.wlw{: 51,41• W-111 {r.t.ewtt.l KISM 6.66 unit. frr .t" MJ r.r. w.r G. f.t.p•t 4{.., Mt wnrrsta SSIJI fr.ew ; alA. N,1 L � s% J. wrf.lmy fwl 1. RI+R.n a {nn - J7) D.. e.a A•r. Ma !.. fsul, M. S,IIt 0".") Afar Q.+.y+ a J.9r EYw• r a1Ar 1•r rtrrff .I :atrr R7 11.:. I.....In ... ..r •:t rIw ti.1•.� ., IAI.k. ti' dow.w. jr, STORM SEWER TRUNK PRELIMINARY PLAT OF POPPLER HOMESTEADS NO. 2 kK rl►t I.n O•ROt .. MTLOIt...i L►l1 1. 1, 1• •• S• .M t. t'.. .L l.r ttar- IIN.1. .r..;dim 6." OF "&CC_.1/. flM lw 41141 t/h . 6a,n) h• ►t• 6.70] K. Teal ta& d plot. Twat &_41! W 6 61: 1 4141• R. 1.407 ¢. der. .r+. r'i/ .14141 41.t.r 1...1 75, til h. K. 0.6175 K. Twa.l tat of 1/t 7 IM. 1M h• n. S.t71 41C. ... r...6 0••6 Mo 00.411 1..r1 11.51) N• ►t. •.770 tC. T.ttl A41 d I.t 50.747 h• R• 7.M1 .C. M. do— I= tw 00t.r 141.411 M,51) h. K. 1.117 K. T.41411 tr41..! Lot T 15.7{7 2, R. 0.07) a1C. JY...tw41 row I. 00tH 41i I.wl 74. SM h. R. 41.!410 . G6a.. zrlte41: F.hrh•a1 41!41. t 4111.1.4. t do, am" t .t ►.eN./ 24 1..` YHr41e 1.1. (Mi)• '"✓.41!114141SRT t .f ""Mf SIwNr0r .r 41t41.ltstl. 4141..iK 4141 ".41411 " ".!✓.41001. fo-n. 0.67 41.!41. rt K" SDI! ..11I.r 00••. .•y.r r. ..Yr•1•r M'MA 1...1 t • "t• .1 Ir 41ul J. tt<O141I.1 /'wt 1. R00t.w 1 Nn 4177 ONrt. ...• W.l 4141. ►wl, l0� 5)IU St1.r1.: 4117-71.s rr..* Aw 17J'M ANI' .�, . d, 0 r lw.rr• ♦ T6. C.l� . d !.) r1 ��� •IL' 3 S. F. RECEIVED JUR 219 34 CV ,10 city of eaga6 PUBLIC WORKS OE PARTME :16� il O 73 2� ; 946 ' £pC v4 529169.0' 48 r�:SUBJECfi PARCEL WATER MASTER PLAN � -'0\ � - .. FIG #3 9.d : standard appmvplater #: vCi• � C� 3 52 52. Tao - 3 o 'ff' 3 5T.0 �G8 34 CV ,10 city of eaga6 PUBLIC WORKS OE PARTME :16� il O 73 2� ; 946 ' £pC v4 529169.0' 48 r�:SUBJECfi PARCEL WATER MASTER PLAN � -'0\ � - .. FIG #3 9.d : standard appmvplater #: I:PiLOT KN(D8 PARK city city of eagah r.mMk PUBLIC 1WRML -am WORKS DE PARTME UBJECT PARCEL SANITARY SEWER MASTER PLAN FIG*2 I standard approved A plate v: ~ ° ~ oto _-_-- . , . — SUBJEdT PARCEL.. FIG* I CRY of STO)t Mwo" SEWER Pat* 0: PUSUC WORKS MAiTER PLAN v ^~ Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 21, 1989 LAWRENCE POPPLER - POPPLER HOMESTEAD NO. 2 Chairman Pawlenty opened the next public hearing for the evening regarding a rezoning of 4.55 Agricultural acres to Single Family district and a preliminary plat consisting of three single family lots located on the south side of Lone Oak Road east of Pilot Knob Road in the northwest quarter of Section 10. City Planner Jim Sturm updated the Commission on the background of the matter. Rollie Crawford (attorney for developer, Lawrence Poppler) informed the Commission that the roadway was in very good condition. He requested three variances: (1) yard setback - he pointed out that it was a classic case of hardship; (2) setback from Poppler Lane; and (3) the length of the cul-de-sac. Mr. Crawford discussed three major issues: 1. The developer chose not to provide a pond outlet and requested removal of the condition. He stated there had never been a flooding problem. 2. Street improvements - He stated the standards should be relaxed. He explained the rationale and the cost considerations. 3. He disputed the financial obligations and informed the Commission he would contest them. Mr. Crawford requested approval of the applications and informed the Commission he was available for questions. Chairman Pawlenty questioned the ponding outlet issue. Mr. Crawford explained the ramifications. Assistant City Engineer Mike Foertsch reported that the outlet would be constructed on the western side of the pond and pointed out that the outlet did not have to come down Poppler Lane. He stated the outlet would be needed before the plat was approved. Commissionmember Merkley questioned the road fill details. Assistant City Engineer Mike Foertsch provided the explanation. Commissionmember Merkley stated the road condition was poor but that n5 Page 6/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 21, 1989 the standards could be relaxed. He questioned if the City could reduce the width and other details. Mr. Foertsch explained that the Council could allow variances. Commissionmember Graves questioned if Lot 3 could be subdivided. Mr. Crawford stated it could not be subdivided. Commissionmember Voracek stated there was the possibility of nine homes which would increase the runoff and the traffic. Chairman Pawlenty questioned any alternatives for the road upgrade. Mr. Crawford stated that the Advisory Planning Commission could recognize the relaxation of City standards and that he could prepare some alternatives. Chairman Pawlenty questioned if it could be a private road. Assistant City Engineer Mike Foertsch pointed out that an easement exists and it may need to be vacated. Commissionmember Miller stated that a private road may not be practical. City Attorney Mike Dougherty explained that the road could be a private drive and that there would be a need for agreements. He pointed out that notice must be provided to future owners and that the land should not go to tax forfeit. Commissionmember Merkley questioned if the road upgrade would remove the trees. Mr. Foertsch responded affirmatively. Commissionmember Voracek asked if the road improvements would be assessed against all lots. Mr. Foertsch responded that it would be assessed against all lots if requested. There was further discussion regarding the roadway. Rollie Crawford summarized the reasons for not upgrading the road. Commissionmember Merkley had questions regarding proposed condition number 7 and a variance for only one lot. Commissionmember Graves remarked that the road needed upgrading but not completely. Chairman Pawlenty recommended approving the application with the conditions as proposed but giving the developer an opportunity to come up with an alternative. Merkley moved, Voracek seconded, the motion to close the public hearing and approve a rezoning of 4.55 Agricultural acres to a Single Family district as requested by Lawrence G. Poppler. All voted in favor. V b Page 7/EAGAN ADVISORY PLANNING COMMISSION MINUTES December 21, 1989 Merkley moved, Voracek seconded, the motion to approve a preliminary plat consisting of three single family lots located on the south side of Lone Oak Road east of Pilot Knob Road in the northwest quarter of Section 10, as requested by Lawrence Poppler for the Poppler Homestead No. 2, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4, C1, C2, C5, D1, E1, F1, and G1. 2. The development is required to upgrade the existing substandard bituminous roadway in accordance with City Code requirements. 3. The development is required to include the dedication of a public road right-of-way for Poppler Lane in the final plat. 4. The development is required to extend sanitary sewer and water service to the right-of-way line of each platted parcel. 5. The development is required to revise the existing ponding easement for Pond DP -15 to include all the areas up to the defined high water level as identified in the City's Comprehensive Storm Sewer Plan. 6. The development is required to provide a ponding easement for (Pond DP -2) Lemay Lake to the defined high water level as identified in the City's Comprehensive Storm Sewer Plan. 7. Ten foot setback variances from Lone Oak Road and Poppler Lane shall be permitted with the approval of this plat. S. Lots 7, 8 and 9 shall be renumbered to Lots 1, 2 and 3. All voted in favor. Voracek moved, Hoeft seconded, the motion to request the Council consider relaxing the standards for roadways. All voted in favor. l81 MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: JANUARY 10, 1990 RE: POPPLER HOMESTEADS NO. 2 - LAWRENCE POPPLER The Advisory Parks and Recreation Commission reviewed the above referenced proposal at it's January 4, 1990 meeting and made the following recommendations: 1. That this proposal be subject to a cash parkland dedication. 2. That this proposal be responsible for constructing a 6 foot concrete sidewalk along the south side of Lone Oak Road or be subject to a cash trailway dedication dependent upon the pocily at final plat. KV:cm cc: Ed Kirscht, Engineering Technician Marilyn Wucherpfennig, Planning Aide Marlene Zaleznick , Planner I