01/20/1987 - City Council RegularAGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
CITY HALL
JANUARY 20, 1987
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES
-p.1 III. 6:140 - PROCLAMATION/NATIONAL JAYCEES WEEN.
IV. 6:45 - DEPARTMENT HEAD BUSINESS
A. Cable Commission
I. 1 1. 1987 Burnsville/Eagan Joint Cable Commission Budget
T.-7 2. Realignment of Channels
V. 6:55 - CONSENT AGENDA
T12 A. Personnel Items
p•(3 B. Plumber Licenses
.(, C. Authorization to Purchase Park Vehicles Through Hennepin County
If Cooperative Purchasing
D. One Day Consumption & Display License, St. John Neumann Church
.16E. On -Sale 3.2 Beer License, Eagan Tap, 3998 Sibley Memorial Highway
� 17 F. Project 493, Receive Petition/Order Feasibility Report (Greensboro
r 2nd Addition)
P•1 G. Project 487, Receive Report/Order Public Hearing (Braun Court)
D,4 H. Establish June 9, 1987 as Meeting Date For Board of Review/
/ Equalization
VI. 7:00 - PUBLIC HEARINGS
VII. 1987 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS
i
A. Acting Mayor
B. Legal Consultant
C. Fiscal Consultant
D. Engineering Consultant
E. Planning Consultant
F. Legal Newspaper
VIII. OLD BUSINESS
G. City Depository
H. Official Posting Place
I. City Council Meetings
J. Advisory Commission
Appointments (Residents)
K. Committee Appointments
( Council.)
PZO A. Conditional Use Permit (ABF Freight System) for a Pylon Sign for a
. Trucking Company on Lots 3-6, Plainview Addition Located South of
Hwy X655, Abutting Lexington Avenue on the West, W 1/2 of Sec 2
2.1 B. Consideration of Ordinance Amendment to Chapter 11 Relative to
"Accessory Apartment/Housing"
1
IX. NEW BUSINESS
rp,Zt A. Preliminary Plat (New American Homes) for Boulder Ridge Consisting
of 79 Townhouse Units on Approximately 18 Acres Located South of
'!! Diffley Road, East of Thomas Lake Road, NE 1/4 of See 28
�,4Ao B. Review Environmental Assessment Worksheet (EAW) for Lexington
Avenue Street Improvements
P,``9 C. Request to Eliminate the Condition Requiring Indoor Trash Storage
for the Town Centre 100 Professional Building Located on Town
Centre Drive East of Denmark Avenue, Lot 2, Block 1, Town Centre
100 2nd Addition, NW 1/4 of Sec 15
X. ADDITIONAL ITEMS
A. Public Improvement Contracts
��Z-1. Contract 85-15, Approve Change Order #3 (Royal Oak Circle)
.`j Z 2. Contract 86-3, Approve Change Order #1 (Ashbury Road)
5L 3 - Contract 85-21, Approve Change Order #4 (Maintenance Building
Remodeling)
53 4. Contract 86-12, Approve Change Order #1 (Well Pumps #8 and 9)
63 5. Contract 86-09, Change Order #1 (Park Buildings Contract)
x.53 6. Contract 86-21, Change Order #1 (Parks Fencing Contract)
B. ell Private Improvement Contracts
p ill. Contract 83-R, Final Approval/Acceptance (Sunset 3rd Addition)
I
XI. VISITORS TO BE HEARD (for those persons not on the agenda)
XII. ADJOURNMENT
2
MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JANUARY 15, 1987
SUBJECT: AGENDA INFORMATION
After approval is given to the January 20, 1987 agend and regular
City Council meeting minutes for the January 6, 1987 meeting,
the following items are in order for consideration:
•.• • •
The City Council has been asked by the Eagan Chapter of the
Jaycees to proclaim the week of January 18, 1987, as National
Jaycees Week. A copy of the proclamation will be made available
to the Council at the meeting on Tuesday. At that time, the
Mayor will be asked to sign the proclamation on behalf of the
City.
ACTION TO BE CONSIDERED ON THIS ITEM: To proclaim the week of
January 18, 1987, as National Jaycees Week in the City of Eagan.
DEPARTMENT HEAD BUSINESS
A. CABLE COMMISSION:
Item 1. Proposed 1987 Burnsville/Eagan Joint Cable Commission
Budget --The proposed 1987 Burnsville/Eagan Joint Cable Commission
budget was reviewed at a budget workshop session during November
with both the Cable Administrator and Chairman of the Joint
Commission present to answer questions. There was no final action
ratifying the 1987 budget, therefore, the item is placed on the
agenda for any further questions or review and a ratification.
A copy of the proposed 1987 budget is enclosed for your review
on pages _L through �-. Joint Commission Chairman Rick
Bertz and Cable Administrator Ralph Campbell will be present
for the review session.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
1987 Burnsville/Eagan Joint Cable Commission budget as presented.
r
CABLE PERSONNEL
The first year a specific account for cable was established -in the operating
budget was 1986. Since the City of Eagan is responsible for the
administration of the Cable Commission, it seemed appropriate to list both
expenditures and revenues relating to all cable operations. The Cable
Commission has a full-time Cable Adminsitrator which is reflected in the
budget. All personnel and other charges for the Cable Department are
maintained by the City of Eagan. The city of Burnsville participates
proportionately for.all expenses in their reimbursement to the City of
Eagan. Franchise fees are reflected in the revenues under Program 3918.
That account estimates $101,050 for 1987. '-.
In summary, the Cable TV budget as presented as a general fund item only
reflects those expenses that are directly incurred by the City of Eagan.
For a detailed breakdown of the budget as the Commission is proposing,
please refer to the attachment.
r, I
City Administrator
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- rr 1 Aug 86 #r 1987 BUDGET PROPOSAL
A
rrrrrrrrrrrrrrrrrrrrrr
1 GENERAL FUND
2 rrrrrado rrrrrrrrrrrrno
3
4 - BALANCE AT BEGINNING OF YEAR -
.5 -
6 -REVENUES -
7
8 INCOME
9 Interest Income
10 Member Contributions -
11 Eagan
12 •Burn9ville
13 Reimbursements
14 Transfer of Ownership (Westinghouse)
15 Transfer of Ownership (Hauser)
16
17 TOTAL REVENUES
18
19 -EXPENDITURES -
20
21 PERSONAL SERVICES
22 Administrative Salaries
23 City/Staff Support Wages
24 Benefits
25 Mileage/Parking
26 Subtotal
27
28 OFFICE SUPPLIES
29
30 OTHER SERVICES AND CHARGES
31 Prof. Services -Legal
32 Prof. Services -General
33 Bond
34 Liability Insurance
35 Deductable Fund Contribution
36 Postage/Telephone
37 Membership Dues
38 Conferences
39 Contingencies
40 Reimbursable Items
41 Transfer of Ownership (Westinghouse)
42 Transfer of Ownership (Rauser)
43 Subtotal
44
45 CAPITAL OUTLAY
46 Office Furniture
47 Equipment for City Halls
48 Computer
49 Subtotal
50
51 ADVANCED FRANCHISE FEES REPAYMENT
52
53 TOTAL EXPENDITURES
54
55 - S U M M A R Y-
1 56
N4:X` 57 BALANCE AT BEGINNING OF YEAR
58 TOTAL REVENUES
59 TOTAL EXPENDITURES
60
61 BALANCE AT END OF YEAR
B
C
D
E
F
G
APPROVED
59,500
PROJECTED
'1986
0
PERCENT - l'�
INCREASE/ INCREASE/
AMOUNT ,.
1986
YEAR TO
REVENUES/
PROPOSED
1987
DECREASE;.
1987 OF
(DECREASE
BUDGET
DATE
EXPENDITURES
BUDGET •
1986 BUDGET
1987 OF
1986 BUDGET
41,000
41,000
68,000
40,645
-1% (355)
1,500
966
1,520
1,500
24,050
0
24,050
59,500
24,050
0
24,050
59,500
0
0
22,000
0
0
0
15,000
0
49,600
966
86,620
120,500
31,700
12,207
31,000
35,000
5,000
691
3,000
4,000
10,450
.3,883
11,000
11,550
500
47,650
142
16,923
400
45,400
500
51,050
500
46
200
250
15,000
2,118
7,500
10,000
10,000
2
4,000
10,000
0
0
150
150
0
3,025
3,025
3,500
0
250
0
151
0
400
5,000
500
4,000
1,000
3,000
2,000
9,000
3,227
7,000
9,000
4,000
3,881
6,000
6,000
0
18,750
22,000
0
0
42,250
0
32,154
15,000
68,075
0
46,150
200 0
0 •0
0 0
200 0
0 0
90,600 49,123
41,000 41,000
49,600 966
90,600 49,123
0 (7057) -
300
7,157)300 300
0 15,000
0 5,000
300 20,300
0 24 000
0% 0
147% 35,450
147% 35,450
143% 70,900
10% 3,300
-20% (1,000)
11% 1,100
0% 0
7% 3,400
-50% (250)
-33% (5,000)
0%
0
100%
250
-50%
(2,000)
0%0
51,150
50%
2,000
9%
3,900
Sox loo
10050% 20,100
113,975
141,750
56%
51,150
68,000
86,620
40,645
120,500
-1%
143%
(355)
113,975
141,750 _
56%
70,900
51,150
40,645
19,395
-
19,395
,7AA
B
C
D
_ E
F
0
71
250
5,250
-- 250
-- 5,250
0
PERCENT
AMOUNT
72
0
0
PROJECTED
0
INCREASE/
INCREASE/
7
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APPROVED
0
1986
REVENUES/
PROPOSED
1987
DECREASE
1987 OF
DECREAS
1987 OF
4j LOCAL PROGRAMMING FUND
1986
BUDGET
YEAR TO
DATE
EXPENDITURES
BUDGET
1986 BUDGET
1986 BUDGET
76
7755000
78 - BALANCE AT BEGINNING OF YEAR -
55,000
55,000
,
42227
,
-23% (12,773)
79
80-8,EVENUES-
81
82 111
83 Interest Income
84 TOTAL REVENUES
85
86-TXPEND.ITURE3-
87
88 LOCAL PROGRAMMING GRANTS
89 Burnsville Fire Department
90
91 CAPITAL OUTLAY
92 Equipment for City Halls
93
94
95 TOTAL EXPENDITURES
96
97 - S U M M A R Y-
98
99 BALANCE AT BEGINNING OF YEAR
100 TOTAL REVENUES
101 TOTAL EXPENDITURES
102
103 BALANCE AT END OF YEAR
104
107 A
108
109
110
111 aaaaaa�'arrrraaaaaaaaaara
112 INSURANCE DEDUCTABLE FUND
113 a " *�u ara�aaararrrra�aa■
114
115 - BALANCE AT BEGINNING OF YEAR -
116
117 - R E V E N U E S
118
119 INCOME
120 Transfer from General Fund
121 Interest Income TOTAL REVENUES
122
123
124 -EXPENDITURES -
125 _ . __..... .
126 DEDUCTABLE CLAIMS �l
127
128 TOTAL EXPENDITURES
129
130 -SUMMARY -
131
132 BALANCE AT BEGINNING OF YEAR
133 TOTAL REVENUES
134 TOTAL EXPENDITURES
135
1336 BALANCE AT END OF YEAR
1,576 2,480 2,000
0 1,576 2,480 2,000
0 0 500 0
0 2,753 14,753 0
0 2,753 15,253 0
55,000 55,000 55,000 42,227
0 1,576 2,480 2,000
0 2,753 15,253 0
55,000 53,823 42,227 44,227
B C D E
PROJECTED
APPROVED 1986 PROPOSED
1986 YEAR TO REVENUES/ 1987.
BUDGET DATE EXPENDITURES BUDGET
0 0 0 0
-- 2,000
-- 2,000
-23% (12,773)
-- 2,000
0
-205 (10,773)
F 0
PERCENT AMOUNT
INCREASE/ INCREASE/
DECREASE DECREASE
1987 OF 1987 OF
1986 BUDGET 1986-BUDCET
-- 0
0
0
0
5,000
5,000
0
0
0
0
0
250
5,250
-- 250
-- 5,250
0
0
0
0
0
-- 0
0
0.
0
0
--
I Aug 86 NN 1987 BUDGET PROPOSAL
;y food Nom Ali NNNNN
140 COMBINED FUNDS
141 Nr��NNrr�rNNNN
142
143 BALANCE AT BEGINNING OF YEAR
144 TOTAL REVENUES '
145 TOTAL EXPENDITURES
146
147 BALANCE AT END OF YEAR
a,
iM
GENERAL
LP
INSURANCE ._
FUND
FUND
FUND
COMBINED
40,645
42,227
0
82,872
120,500
2,000
5,250
127,750
141,750
0
0
141,750
19,395
44,227
5,250
68,872
Agenda Information Memo,
January 20, 1987, City Council Meeting
Page Two
Item 2. Realignment of Channels --Cable TV North Central Inc.
has recently realigned a number of channels, changing public
access and local government to 38 and 39 as an example. The
Joint Burnsville/Eagan Cable Commission at their regular meeting
held on January 8, 1987, voted to fine Cable TV North Central
Inc. for their lack of compliance with the franchise agreement
which they arbitrarily and without proper notification reassigned
a number of channels. The Executive Committee has met and
determined a number of agreement principles which must be agreed
to by Cable TV North Central Inc. regarding the Commissior
action for notice of non-compliance. Enclosed on pages
through _ is a copy of the "agreement principles". A copy
of the new channel assignments were distributed at the special
workshop session held on January 13.
There is no action required on this matter, however, the City
Council may wish to briefly discuss the matter or provide some
input to Chairman Bertz and Ralph Campbell, Cable Administrator,
during their presence at the Council meeting.
7
A regiment Principles
Burnsville/Eagan Cable Communications Commission
Executive Committee ,
13 January 1987
The Executive Committee has determined that the following Agreement Principles
must be agreed to by Cable TV North Central, Inc., prior to the Committee's
consideration of a recommendation to the Board regarding the matters described in
the Notice of Non -Compliance dated 12 January 1987.
a) With respect to assignment of channels -
1) The Public Access channel shall be assigned to cable channel 3.
2) Regional Interconnect Channel 6 shall be assigned to cable channel 6.
b) With respect to subscriber service -
1) North Central shall provide to all subscribers channel guides that
physically adhere to converter remote controls. Such guides shall clearly
depict all channels carried by the cable system and shall clearly display
the telephone number subscribers may call to seek help with service
problems. The design for these channel guides shall be approved by the
Board. This shall be done at no additional charge to subscribers.
2) North Central shall improve handling of incoming subscriber telephone
calls, as determined solely by the Board or its designee.
a) Provide quicker answering of incoming subscriber telephone calls.
3) Provide more rapid response to subscriber service calls, as determined
solely by the Board or its designee.
4) Provide monthly telephone activity reports to the Board, as determined
solely by the Board or its designee.
c) With respect to signal quality and other technical aspects of reassigned access
and local origination channels -
1) If the Board or its designee determines, in its sole discretion, that the
technical quality of any access or local origination channel does not meet
the specifications of the cable communications ordinance, North Central
shall, within one month of the Board or its designee's request, reposition
such channels, to the extent requested by the Board or its designee, as
follows:
Page 1 of 4
Agreement Principles
Burnsville/Eagan Cable Communications Commission
Executive Committee
13 ,January 1987
Public Access
(Narrowcast)
7
Regional Interconnect I
6
Educational
8
Governmental
10
Local Origination
12
Religious
13
Bulletin Board
15
Library
19
Leased Access II
27
Leased Access I
38
Regional Interconnect II
39
2) The Board shall review the signal quality of access and local origination
channels at least annually.
d) With respect to promotion of access and local origination programming -
1) North Central shall provide no fewer than one full-page in "CableGuide",
or other channel guide distributed at least monthly to all cable
subscribers, that clearly displays the channel assignments of access and
local origination channels as determined by the Board or its designee.
Such display may include similar local programming information from
other cable systems but shall in no event be so dense as to be difficult to
read. Such provision shall be at North Central's expense.
2) North Central shall provide no fewer than one full-page in TableGuide
or other channel guide distributed at least monthly to all cable
subscribers, that displays information about access and local origination
programming in Burnsville and Eagan as determined by the Board or its
designee. Such provision shall be at North Central's expense.
3) At the request of the Board or its designee, North Central shall print and
distribute bill stuffers that promotes access and local origination programs
shown on the Burnsville/Eagan system as determined by the Board or its
designee. Board requests will not exceed four (4) per year. Such
provision shall be at North Central's expense.
4) North Central shall inform subscribers of the reassignment of access and
local origination channels in prominent advertisements in newspapers of
general circulation in Burnsville and Eagan that appear no later than 15
February 1987. Such provision shall be at North Central's expense.
Page72 of 4
Agreement Principles
Burnsville/Eagan Cable Communications Commission
Executive Committee
13 January 1987
5) North Central shall inform subscribers of the reassignment of access and
local origination channels in cable bili stuffers sent to all subscribers in
Burnsville and Eagan that are distributed no later than 15 February 1987.
Such provision shall be at North Central's expense.
6) North Central shall inform subscribers of the reassignment of access and
local origination channels by inserting messages on channel 3
(PREVIEW/SUBSCRIBER INFORMATION), and all appropriate alpha -numeric
channels. Such notice shall be displayed, at a minimum, from 15 February
until 15 March 1987. Such provision shall be at North Central's expense.
e) With respect to metropolitan uniformity of channel assignments -
1) Within one month of request of the Board or its designee, North Central
shall reassign access and local origination channels to coincide with such
channel assignments of other Twin Cities metropolitan area cable systems
to the extent requested by the Board. Such provision shall be at North
Central's expense.
f) With respect to covering increased Commission costs resulting from staff
consolidation and changes in service -
1) North Central shall forgive all franchise fees advanced to the cities of
Burnsville and Eagan.
g) With respect to financial information -
1) North Central shall provide to the Board monthly reports depicting gross
revenues, individually presented for the cities of Burnsville and Eagan,
and, profit -and -loss statements jointly presented for the system serving
Burnsville and Eagan. Such provision shall be at North Central's expense.
h) With respect to local staff commitment and accountability -
1) North Central shall provide a general manager, plant manager, and
headend technician (who shall not be shared with the Local Programming
Department) dedicated solely to the Burnsville/Eagan cable system. Such
Page 3 of 4
X)
Agreement Principles
Burnsville/Eagan Cable Communications Commission
Executive Committee
13 January 1987
provision shall be at North Central's expense.
2) North Central shall maintain full local programming staff, facilities, and
equipment commitments of the Franchise. Recent vacancies in
Burnsville/Eagan local programming staff shall be filled no later than 30
January 1987.
D With respect to corporate commitment and fairness to franchising
authorities -
1) North Central shall provide to the Burnsville/Eagan cable system any
advantages provided to any other Twin Cities metropolitan area North
Central cable system. Such provision shall be at North Central's expense.
2) North Central shall provide financial information regarding the
Burnsville/Eagan local programming department as determined by the
Board or its designee. Such provision shall be at North Central's expense.
Page 4 of 4
Agenda Information Memo,
January 20, 1987, City Council Meeting
Page Three
There are eight (8) 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 detial,
those items should be removed from the Consent Agenda and placed
under Additional Items unless the discussion required is brief.
PERSONNEL ITEMS
A. Personnel Items --There are two (2) items to be considered
under Personnel Items at this time.
1. Part -Time Police Dispatcher --The City has received a resignation
letter from part-time Dispatcher Theresa Rainwater, effective
January 26, 1987. Action will be necessary to authorize advertise-
ment for filling this position.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation
of Theresa Rainwater, effective January 26, 1987, and to authorize
the advertisement for a replacement for Ms. Rainwater as a part-
time Police Dispatcher.
2. Receptionist/Clerk Typist --Approximately 40 applications
were received for the vacant Receptionist/Clerk Typist position
at the Municipal Center. After screening, 27 applicants were
invited to the Municipal Center for a short interview with
Administrative Assistant Witt and Administrative Assistant Duffy.
Three applicants had already found other employment, so 24 appli-
cants were interviewed on Thursday, January 15 and Friday, January
16, 1987. From these applicants, a final three or four will
be invited back to the Municipal Center for a more extensive
interview with Director of Finance/City Clerk VanOverbeke,
Administrative Assistant Duffy and Administrative Assistant Witt,
on Tuesday morning, January 20, 1987. At that time, tests will
also be administered to the final applicants. It is anticipated
that a final choice for a person to fill the vacant position
of Receptionist/Clerk Typist will be made by the time of the
Council meeting on January 20, 1987. The City Administrator
will then verbally furnish the Mayor and City Council with the
name of that choice. If this is not possible, this item will
have to be continued until February 3, 1987 Council meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the choice
of an applicant to be named at the Council meeting as Receptionist/
Clerk Typist for the City of Eagan, contingent upon the successful
completion of the physical examination requirement by that
applicant.
/7
Agenda Information Memo,
January 20, 1987, City Council Meeting
Page Four
PLUMBER LICENSES
B. Plumber Licenses --The building contractors license requirement
was abolished in late 1986. There is still a requirement within
the City Code that all plumbers be licensed and a list of the
plumbers to be considered for renewal for new licensing in 1987
are enclosed on page *__
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the list of
plumbers licenses as presented.
/3
PLUMBERS LICENSE
JANUARY 20, 1987
1.
A-Aace, Inc.
26.
2.
ACV Mechanical, Inc.
27.
3.
Blaylock Plbg. Co.
28.
4.
Boedeker Plbg. & Htg.
29.
5.
Consolidated Plbg. & Htg. Co.
30.
6.
Doody Mechanical, Inc.
31.
7.
Egan & Son Co.
32.
8.
Elander Plbg. Co.
33.
9.
Wm. L. Gadtke Plbg., Inc.
34.
10.
Raymond E. Haeg Plbg., Inc.
35.
11.
Harris Mechanical Contracting
Co. 36.
12.
Hayes Contractors
13.
J. B. Hengel
14.
Hovde Plbg. & Htg.
15.
Jerry's Plbg.
16.
K & K Htg. & Plbg.
17.
Lakeside Plbg. & Htg.
18.
LeVahn Brothers, Inc.
19.
Matthew Daniels, Inc.
20.
0. R. McDermott
21.
Metropolitan Mechanical Contractors,
Inc.
22.
Midwestern Mechanical Corp.
23.
Minnesota Mechanical, Inc.
24.
Mooney - Ridler Plbg.
25.
Nickelson Plbg.
/[L
Northern Plbg. & Htg.
Nova - Frost, Inc.
Project Plbg., Inc.
R. C. Plbg.
Richfield Plbg. Co.
Seitz Bros., Inc.
Dale Sorenson Co.
Swanson & Schleger Plbg.
Welter & Blaylock
Westonka Mechanical Contractors, Inc.
Williams Mechanical Contractors, Inc.
Agenda Information Memo,
January 20, 1987, City Council Meeting
Page Five
AUTHORIZATION TO PURCHASE PARR VEHICLES
C. Authorization to Purchase Park Vehicles Through Hennepin County
Cooperative Purchasing --The Parks and Recreation and Building
Inspections Departments are seeking approval to acquire vehicles
through the Hennepin county purchasing contract. The Parks and
Recreation and Inspections Departments were authorized $54,900 for
the acquisition of new and replacement vehicles. Successful bidders
for these vehicles are Thane Hawkins Polar Chevrolet and Viking
Chevrolet.
In total, the acquisition cost of the four vehicles will be $43,956.
In addition, each vehicle will be equipped with two way radios, and
the one ton replacement vehicle will require installation of
hydraulic hoist and box package. These additions are estimated at
$10,640 for a grand total of $54,596.
The equipment includes a replacement for a 1 -ton truck, a new 3/4
ton 4 x 4 for Forestry, a new station wagon for Parks Administration
and 3/4 ton pick up for Inspections which is a replacement. The
1987 budget approval for these items is $54,900.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Parks and
Recreation Department/Inspections Department to acquire the four
vehicles under the Hennepin county bid from Thane Hawkins Polar
Chevrolet and Viking Chevrolet in the aggregate amount of $43,956.
Agenda Information Memo,
January 20, 1987, City Council Meeting
Page Six
ONE DAY CONSUMPTION AND DISPLAY LICENSE, ST. JOHN NEUMANN
D. One Day Consumption and Display License, St. John Neumann
Church --The St. John Neumann Church is planning a dance for
Saturday, Febuary 28, at their church located at 4030 Pilot Knob
Road. A one day, consumption&display license application has
been completed and received proper review/approval from the Police
Department.
On affirmative Council consideration, the application is forwarded
to the liquor control director for his approval. Thirty days
constitutes the minimum process time and therefore, Council action
is required at the January 20 meeting. For a copy of the applica-
tion, refer to the attached license application, a copy is enclosed
without page number.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
consumption and display license for St. John Neumann Church.
ON -SALE 3.2 BEER LICENSE/EAGAN TAP INC.
E. On -Sale 3.2 Beer License for Eagan Tap Inc. --An application
was received from Christopher Diebold for a 3.2 beer license.
Mr. Diebold is reopening an establishment that was originally
the A & w and has operated under two (2) other names in recent
years. Mr. Diebold and his partners are associated with the
Greenstreet Restaurants that are located within the Metropolitan
area.
The Police Department has completed their review of this applica-
tion and Chief of Police Berthe has indicated their approval
by signing the application. A copy of the application is enclosed
without page number.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
application for an on -sale 3.2 beer license for Eagan Tap, 3998
Sibley Memorial Highway.
0
Agenda Information Memo,
January 20, 1987, City Council Meeting
Page Seven
PROJECT 493, RECEIVE PETITION/ORDER FEASIBILITY REPORT
F. Project 493, Receive Petition/Order Feasibility Report
(Greensboro 2nd Addition) --We have received a petition and guarantee
of payment for the preparation of a feasibility report and
subsequent installation of streets and utilities to service the
Greensboro 2nd Addition, located north of Wescott Road, approxi-
mately 1/2 mile east of Lexington Avenue.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition
for Project 493 (Greensboro 2nd Addition) and authorize the prepara-
tion of the feasibility report.
PROJECT 487, RECEIVE REPORT/ORDER PUBLIC HEARING
G. Project 487, Receive Report/Order Public Hearing (Braun Court) --
In response to a request from several existing homeowners, staff
recommended the preparation of a.feasibility report for the instal-
lation of Braun Court, a cul-de-sac extending westerly from Drexel
Court. This cul-de-sac would eliminate the direct driveway accesses
from several property owners directly onto Pilot Knob Road which
will affect the final design of the improvement of Pilot Knob
Road and its related assessments.
A neighborhood meeting with all affected property owners is
scheduled for 2:00 p.m. on Friday, January 16, to further review
the concept designs and their concerns.
With the completion of the feasibility report, it is appropriate
that the Council receive this information and schedule a formal
public hearing to discuss the merits of this proposed project.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility
report for Project 487 (Braun Court) and schedule the public
hearing to be held February 17, 1987.
I�
Agenda Information Memo,
January 20, 1987, Citv Council Meeting
Page Eight
ESTABLISH JUNE 9, 1987, AS MEETING DATE
FOR BOARD OF REVIEW/EQUALIZATION
H. Establish June 9, 1987, As Meeting Date for Board of
Review/Equalization--The City has received notification from
the Dakota County Assessor's Office that Tuesday, June 9, was
selected as the date for the Board of Review/Equalization meeting
at the Eagan City Hall. If this date is acceptable to the City
Council, official action should be taken, allowing the City Clerk
to notify the County Assessor's Office and the date will be
scheduled accordingly.
ACTION TO BE CONSIDERED ON THIS ITEM: To establish June 9, 1987,
as a meeting date for the annual Board of Review/Equalization
meeting for the City of Eagan.
I
Agenda Information Memo,
January 20, 1987, City Council Meeting
Page Nine
There are eleven (11) items of organizational business that
must be considered by the City Council. Those items are listed
as A. through K. For additional information on these items,
please refer to your organizational folder (enclosed without
page number). It will be necessary for the City Council to
take separate action on each of the eleven items.
ACTION TO BE CONSIDERED ON THIS ITEM: Separate action is required
for each organization business item and is so indicated after
each discussion as found in the attached memorandum.
Special Note: Staff would like to direct Council attention to
the application of Jerry Begley for the Advisory Planning
Commission. Mr. Begley's letter was inadvertently overlooked
when interviews were scheduled. Mr. Begley has expressed a strong
desire to be considered for appointment. Due to the oversight,
staff has requested that Mr. Begley be present at City Hall at
6:20 p.m. on Tuesday, January 20, 1987 for a brief interview
with the Council. Staff hopes that this can be accommodated
in your schedules. In the event that you cannot be present,
please contact Mr. Begley at one of the numbers included in his
letter, prior to Tuesday evening's meeting and interview him
informally by phone.
'9
Agenda Information Memo,
January 20, 1987, City Council Meeting
Page Ten
CONDITIONAL USE�PERMIT/PYLON SIGN FOR ABF FREIGHT SYSTEM
A. Conditional Use Permit for a Pylon Sign for a Trucking
Company on Lots 3 through 6, Plainview Addition --A public hearing
was held before the Advisory Planning Commission at their regular
meeting held on October 28, 1986, to consider a Conditional Use
Permit application submitted by ABF Freight System for a pylon
sign located along Lexington Avenue, north of the E -Z Airpark
facility. The APC is recommending approval of the application.
This item was scheduled for City Council meetings on November 18,
1986, December 2, 1986, and January 6, 1987. At each meeting
there was an announcement that the applicant was requesting a
continuance. The applicant has requested that this item be.
removed from the agenda. At the request of -the City Planner, a
letter will be forthcoming and distributed at the meeting on
Tuesday.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept a request by ABF
Freight System/Trucking Company to remove their application and
consideration for a conditional use permit for a pylon sign for
further consideration by the City Council.
B
Agenda Information Memo,
January 20, 1987, City Council Meeting
Page Eleven
ACCESSORY APARTMENTS%HOUSING
B. Consideration of Ordinance Amendment to Chapter 11, Relative
to "Accessory Apartments/Housing"--At the January 6, 1987 City
Council meeting, an Ordinance regulating accessory apartments in
R-1 residential districts was given consideration. There were a
number of changes and revisions made to the draft Ordinance, all
of which have been included in a new Ordinance draft as prepared
by the City Attorney's office.
Those specific changes included the following: i. It was
defined that the accessory apartments shall be clearly a
subordinate part of the single-family dwelling and not exceed 35%
of the total building floor area. There is a question as to
whether the City would like to add nor have more than two (2)
bedrooms onto that regulation.
The next change was to i.v. whereby the two-year ownership
requirement was eliminated.
The third was a change to v. which eliminates a requirement for
designating a least two of the three off-street parking spaces as
enclosed.
There were also changes to the original wording that applications
will be received directly by the City Council and not the
Advisory Planning Commission; and likewise, only the City Council
can revoke the permit, not the Advisory Planning Commission.
For a copy of the revised Ordinance please refer to pages 2-7-
through
-Zthrough 2-5 .
Since this Ordinance is an amendment to the Zoning Ordinance, a
public hearing is required before the Advisory Planning
Commission.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve or deny, with or
without modification, a directive to the Advisory Planning
Commission to hold a public hearing to consider an amendment to
Chapter 11 that would allow for accessory apartments in an R-1
residential district. Special Note: Once a public hearing is
held by the APC, official adoption of the Ordinance is required
by the City Council.
7-1
4'
Draft 1-7-87
ORDINANCE NO. , 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE,
CHAPTER 11, ENTITLED "LAND USE REGULATIONS" BY ADDING PROVISIONS RELATING TO
ACCESSORY APARTMENTS IN R-1 RESIDENTIAL DISTRICTS AND BY ADOPTING BY REFERENCE
EAGAN CITY CODE SECTION 11.99, WHICH CONTAINS PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN:
s Section 1. Eagan City Code, Chapter 11, is hereby amended by adding
Section 11.20, Subd. 5.C.7 to read as follows:
Section 11.20, Subd 5.C.7. Applications for conversion of .existing,
owner occupied, detached single family homes to two-family use may be
allowed by the creation of an accessory apartment subject to review by the
city.
(a) Application shall be made on forms provided by the City
which shall include the following:
i. Legal description of the property location and proof of
ownership.
ii. Scale plans indicating existing and proposed floor
plans and access to both the principal unit and the accessory
unit.
iii. Site plan depicting parking availability.
(b) The City Planner shall review the completed application in
consultation with the Building Inspector and Fire Chief, and shall
determine whether the proposed conversion meets the following
standards:
11
Vt
i. The accessory apartment shall be clearly a subordinate
part of the single-family dwelling and in no case shall it be
more than Thirty Five (356) percent of the building's total
floor area.
ii. The accessory apartment shall consist of at least
twenty (20%) percent of the principal building's total floor
area. Living space square footage for the accessory apartment
shall include a kitchen or cooking facilities, a bathroom and a
living room.
iii. No front entrances shall be added to the house as a
result of the accessory apartment permit.
iv. The house shall be owner -occupied.
v. A minimum of three off-street parking spaces shall be
provided.
vi. The accessory apartment and principal unit shall meet
the applicable standards and requirements of the Eagan City
Code, Building Code and Fire Code.
vii. The building and property shall remain in single
ownership and title and shall have only one mailing address.
viii. Only one accessory apartment permit may be issued for
each detached single family home.
(c) The City Planner shall deny or approve the application
based upon a statement of findings relative to the above standards.
If the decision is to accept, a notice of intent shall be sent to all
neighboring owners within 150 feet of the perimeter of the property.
Written comments will be requested within 10 days, reviewed, and a
23
2
f J..
0
final decision made by the City Planner. The applicant or other
aggrieved party may appeal the decision within 10 days to the City
Council which shall make the final determination. Failure to give
mailed notice or defects in the notice shall not invalidate the
proceedings provided a bona fide attempt has been made to contact the
neighboring owners.
(d) The City has the right to attach conditions when approving
an accessory apartment permit. The City shall require the owner to
place restrictive covenants to be recorded with the property
controlling the accessory apartment. Such covenants shall be
approved by the City Attorney.
(e) Upon the sale of a home having an accessory apartment
permit, the buyer shall submit a new application for renewal of the
permit.
(f) An accessory apartment permit shall terminate if the above
referenced standards are not adhered to.
(g) The City Councicl may revoke an accessory apartment permit
if the criteria and conditions under which the permit was granted are
violated.
Section 2. Eagan City Code Chapter 11.99 entitled "Violation A
Misdemeanor" is hereby adopted in its entirety by reference as though repeated
verbatim herein.
24
f. C .
Section 3. Effective Date. This ordinance shall take effect upon its
adoption and publication according to law.
ATTEST:
Its Clerk
CITY OF EAGAN
CITY COUNCIL
By:
Date Ordinance Adopted:
Date Ordinance Published in the legal newspaper:
7�
Its Mayor
Agenda Information Memo,
January 20, 1987, City Council Meeting
Page Twelve
PRELIMINARY PLAT/BOULDER RIDGE ADDITION
A. Preliminary Plat (New American Homes) for Boulder Ridge
Consisting of 79 Townhouse Units --A public hearing was held before
the Advisory Planning Commission at their last regular meeting held
on December 18, 1986, to consider a preliminary plat application
submitted by New American Homes for the Boulder Ridge Addition. The
Advisory Planning Commission is recommending denial due to proposed
heavy grading, loss of vegetation and the impact on Heine Pond.
The applicant, New American Homes, has sent a letter to the City
Council requesting that no action be taken on this matter and that a
new design be prepared with a public hearing before the Advisory
Planning Commission. A copy of the letter is enclosed on page L % .
Since there is a recommendation for the City Council from the
Advisory Planning Commission, it was appropriate to send a copy of
the staf report for consideration. This document is enclosed on
pages Z8 through SCL_
For a copy of the action that was taken by the APC, refer to those
minutes found on page (4d-) -
ACTION TO BE CONSIDERED ON THIS ITEM: To recognize the request of
New American Homes and allow the applicant to redesign the project
and resubmit for Advisory Planning Commission consideration or
consider some other action which could include the recommendation of
the Advisory Planning Commission.
MAY
1!) Oil 1111
January 14, 1987
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55121
RE: Proposed Boulder Ridge
Attn: Honorable Mayor and City Council
New American Homes Corporation currently has a platting
application pending with your City. While the application
that appeared before the planning commission on December 18,
1986 was essentially the same as a previously approved
project on the site, the city has expressed several new
concerns that we must address.
After the planning commission meeting, we again met
with the City Planning Staff, the Park Staff, and the Parks
Advisory Commission to discuss all of the concerns
expressed.
Based on the additional information we received, New
American Homes Corporation respectfully requests that the
Boulder Ridge plat be redirected to the Planning Commission.
This will enable us to submit a redesign that will
adequately address the issues and concerns raised by the
City.
Please respond to our request at your earliest convenience.
We look forward to your comments.
If you should have any questions, please do not hesitate to
contact me.
Very truly yours,
NEW AMERICAN HOMES CORPORATION
Tom Gastler, Vice President
TG/Is
cc: Thomas Hedge„ City Administrator
Dale Runkle, Director of Planning
Tom Colbert, Director of Public Works
Ken Vraa, Director of Parks & Recreation
The Parks and Recreation Commission
M
CITY OF EAGAN
SUBJECT: PRELIMINARY PLAT (BOULDER RIDGE)
APPLICANT: NEW AMERICAN HOMES
LOCATION: OUTLOT A, THOMAS LAKE HEIGHTS
EXISTING ZONING: R-3, UNDER THE BLACKHAWK PARK PD
DATE OF PUBLIC HEARING:
DATE OF REPORT:
DECEMBER 18, 1986
DECEMBER 15, 1986
. REPORTED BY: PLANNING & ENGINEERING DEPTS
APPLICATION: An application has been submitted to the City request-
ing a Preliminary Plat for the Boulder Ridge Addition. this
plat contains 75 townhouse units on 18.7 gross acres abutting
County Road 30 on the north, Thomas Lake Road and approximately
2.2 undeveloped acres of the Deerfield apartment project on the
west and Heine Pond on the east. The Pheasant Knoll Addition
previously received Preliminary Plat approval on this site in
1984, but was never final platted. This townhouse proposal is
consistent with the zoning district in the Blackhawk Park Planned
Development.
EXISTING LAND USE: Surrounding land uses are single family to
the south and east of Heine Pond and R-3 to the SW. The undeveloped -
2.2 acres" of the Deerfield project, east of Thomas Lake Road,
is also designated for an R-3 density.
The overall density for this" project, after the 9.4 acre park
dedication, is 8 units per acre (on 9.3 net acres). Each unit
has- approximately 900_ S.F. of building coverage with a total
site coverage of 17%.on the 9.3 acres. 20% is allowed in R-3
districts.
This site is mostly open grassland and -undeveloped at this time.
The hillside falling 'to Heine .Pond is approximately .55 ft. and
covered with a stand of mature pines. Another lineal stand. of
deciduous hardwoods are near the pond surface.
SITE PLAN: These owner occupied units will be serviced by a
single access .for 60 units from- Thomas Lake Rd and a public/private
drive from County Road 30 for 15 units and.t-he proposed neighborhood
park facility. The park is- programmed for a small boat launch,
an open air shelter and passive recreation area.- Staff has recom-
mended a trail "connection from this park area to the existing
trail along Thomas Lake Rd in addition to the trail on the south
side of Diffley Rd. The private drives are narrower than* the
City'standards and will be maintained by the Homeowner's Association
as will the lawn maintenance and trash. pickup. Related to the
size of the street is- the need for .guest parking. Each unit
WA
BOULDER RIDGE
DECEMBER 18, 1986
PAGE TWO
will have a setback of 25' from the private street and 20' on
the cul-de-sacs. Therefore, 2 additional parking spaces are
being provided - meeting the Code requirement of additional
outside space per unit. The concern though is that there may
not be the flexibility in the roadway system to accommodate
additional parking on the street if so needed. Separate guest
parking would be advisable scattered throughout the site.
Code requires a distance of 30' between the building groupings
and this has been provided. Each building pad will be platted
as a lot with the remaining open space becoming outlots.
For the project to be built as proposed, massive grading will
occur - to the degree of filling in a portion of Heine Pond.
This pond is not covered under the Shoreland Zoning Ordinance
but is a D.N.R. Protected Wetland. Evidence of the severe grading
is the need of the retaining wall between the upper and lower
portions of the project.- This wall will reach an ultimate height
of roughly 16' and will need to be longer than shown on the
preliminary grading plan to provide a more gradual tapering
into the,hillside.
The proposed 2 story walkout style units are not the most efficient
building for the site without requiring the large amount of
grading. If the density was increased on the top of the hill
or the 2.2 acres to the west were incorporated with this plat,
these units could be placed much more sensitively on the site,
thus saving the most dominant features of the site - the wooded
hillside and the pond frontage. Also the reduction of grading
proposed for that hillside will help prevent undue erosion and
potential damage to the water quality of Heine Pond. Heine Pond
is known as the clearest water body in Eagan and visable up to
a depth of nearly 221.
The buildings will be constructed of horizontal lap siding with
gabled roof details and tuck under garages. Fireplaces will
be optional. No active recreational amenities such as a pool,
tennis courts, or tot lot are proposed.
A preliminary landscape plan has been included with this submission
showing the new planting areas. Little or none of the existing
trees will be saved with the current grading plan. The ornamental
sizes will need to be increased to 1k" to meet the standard of
the City's Landscape Policy. All other tree sizes, quantities,
and species are acceptable in a preliminary way. There will
need to be a detailed retaining wall planting plan with the Final
Plat submission if that grading plan is approved as is.
2�
BOULDER RIDGE
PAGE THREE
GRADING/DRAINAGE: This development is proposed to be located on
the western slopes of Heine Pond which has an approximate elevation
differential of 65' from the high point near Thomas Lake Road to the
low point near Heine Pond. The proposed development plan results in
major excavation and fills of almost the entire site ranging in cuts
of approximately 20' near the high knob adjacent to Thomas Lake Road
to fills of 8' along portions of the cul-de-sac adjacent to Heine
Pond.
The elevation differential between the proposed townhouses on the
loop street and the lower cul-de-sac is 18' with a building
separation of only 401. This results in the requirement for a
substantial retaining wall, -approximately 230' in length and 16'-18'
high.
Townhouse units adjacent to the western property line should be
converted to tuck -under units rather than the proposed walkouts due
to their proximity to the existing side hill. This will minimize
the amount of excavation and disturbance of the wooded area to the
west.
Due to the existing water quality and past protection provided to
Heine Pond in the past, the majority of surface water .runoff
generated from this development should be intercepted by storm sewer
facilities and discharged directly into the trunk storm sewer line
adjacent to Heine Pond. This will require additional storm sewer
facilities and minor berm construction to pick up backyard drainage
in addition to the internal private street runoff. In addition,- a
storm sewer line should be stubbed to the west to provide for the
capacity of 3.0 cfs. The final detailed grading plan should provide
for emergency overland drainage swales from the low points in the
internal private drive to prevent flooding to those units.
Additional storm sewer drainage facilities shall be installed to
maintain the current rural ditch drainage section that will be
blocked by the proposed connection of the private cul-de-sac to
Diff ley Road (County Road 30) .
UTILITIES: Sanitary sewer of sufficient size, capacity and depth to
handle this proposed development is provided by the existing trunk
facility transgressing this property along the western edge of Heine
Pond. This development proposes to provide several individual
sanitary sewer service connections into this trunk facility.
Because pf the depth of this line, it is recommended that the
proposed internal lateral sanitary sewer system be extended to
minimize the number of direct.overdepth service connections to this
trunk sanitary sewer. In addition, this development shall extend a
sanitary sewer line to its west property line at an appropriate
elevation to provide service through a subsequent extension for the
adjacent undeveloped property.
Water main of sufficient size, pressure and capacity is provided by
both the 12" trunk water main in Thomas Lake Road and the 12" trunk
water main in Diffley Road. A minor modification to the internal
looping alignment will be necessary to minimize the length of
individual private services. This development shall also provide a
stub connection to the west property line for future extension and
service to the adjacent undeveloped property.
3b
BOULDER RIDGE
DECEMBER 18, 1986
PAGE FOUR
STREETS/ACCESS/CIRCULATION: This development is proposed to be
serviced entirely by a private street system. Due to the number of
units proposed to be served, the street shall be a minimum 28' in
width with minimum building setbacks of 25' from the back of curb.
This development is proposed to be serviced by Thomas Lake Road,
which is currently constructed to its ultimate design section, and
also Diffley Road (County Road 30), which is proposed to be upgraded
to its ultimate design section within the next two years.
The private cul-de-sac on the lower level shall be increased to
provide a minimum radius of 40'.
Access of the private lower level cul-de-sac to Diffley Road (County
,Road 30) shall be approved by Dakota County.
EASEMENTS/RIGHTS-OF-WAY/PERMITS: This development shall dedicate
all easements necessary for the internal sanitary sewer, water, and
storm sewer system of sufficient dimension as required by alignment
and depth.
This development shall provide additional utility easements for
the existing trunk sanitary and storm sewer system to ensure that no
building is located closer than 20' from the centerline of those
facilities.
Because this plat is adjacent to County Road 30, it shall be subject
to all right-of-way and easement dedications necessary for the
upgrading of County Road 30.
Due to the fact that Heine Pond does not have any storm water
discharging into it but does have a gravity outlet, a high water
elevation will be required to be dedicated incorporating the 878.0
contour.
This development shall be responsible for ensuring that all
regulatory agency permits (MPCA, MWCC, Dept. of Health, Dakota
County, etc.) are acquired prior to final plat approval or building
permit issuance, whichever is required by the affected agency.
1
ASSESSMENTS: This parcel was previously assessed trunk area
sanitary sewer, water and storm sewer benefits in addition to
lateral benefit from the trunk sanitary sewer, the trunk water and
the residential equivalent for Thomas Lake Road. However, several
of these assessments were based on the agricultural/single-family
zoning rate. Therefore, as a condition of this plat, it is required
that this development assume its responsibility for increasing the
use of this property and the resulting impact on the trunk utilities
based on the difference in the rates from the agricultural to
multiple density zoned useages identified as follows:
3/
BOULDER RIDGE
DECEMBER 18, 1986
PAGE FIVE
ITEM
Lateral Benefit from
Trunk Water Main
(Thomas Lk. Rd.)
Lateral Benefit from
Trunk Water Main
(Diffley Rd.)
Lateral Benefit from
Trunk Storm Sewer
Thomas Lake Road
Diffley Road
(Future Street)
Diffley Road Trail
(Future)
1987 RATE
$8.08/f.f.*
$20.55/f . f .
$10.80/f.f.*
$31.09/f.f.
$66.53/f . f .
$12.40/f.f.
QUANTITY
$546/f.f.
$582/f.f.
$600/f . f .
$546/f.f.
$582/f.f.
$582/f . f .
AMOUNT
$4,412
$11,960
$ 6,180
$16,975
$38,720
$7,217
PROJECT
237
137
237
237
TOTAL............................................. $85,464
* This rate is the difference between multiple residential rate and
the previously assessed agricultural/single-family rate.
The rates quoted are 1987 and the quantities calculated are based on
preliminary plat information. The final rates shall be those in
effect at the time of final plat approval or related project
approval by Council action, whichever occurs first. All quantities
shall. be based on final figures contained in the final plat
documents.
CONDITIONS
1. All standard platting conditions shall be adhered to.
2. A copy of the Home Owners Association Bylaws shall be reviewed
by the City's attorney.
3. The parkland dedication shall be fulfilled in accordance
with the Planned Development agreement.
4. A trail connection shall be provided from the park facility
to the trail on Thomas Lake Road as well as the trail along
Co. Rd. 30.
5. A revised grading plan be submitted that _lessens the impact
on Heine Pond.
6. A detailed landscape plan be submitted. A financial guarantee
shall not be released until after 1 year from the installation
date.
7. The retaining wall shall be reviewed by Staff to ensure
structural soundness and additional plantings or fences may
be added for safety reasons.
32,--
BOULDER RIDGE
DECEMBER 18, 1986
PAGE SIX
CONDITIONS: BOULDER RIDGE
8. All private streets and public utilities necessary to service
this development shall be constructed in accordance with plans
and specifications approved by the Engineering Division and in
accordance with City standards, policies and codes.
9. All surface water drainage from this development shall be
intercepted and discharged directly into the existing trunk
storm sewer facility.
10. A final detailed grading, drainage and erosion control plan
shall be approved by the Engineering Division prior to final
plat approval.
11. A storm sewer lateral shall be stubbed to the west property
line to provide for future extension and service to the
undeveloped property to the west.
12. All proposed retaining walls shall be constructed in accordance
with City standards and Codes.
13. All internal streets shall have a minimum width of 28' and a
minimum cul-de-sac radius of 40'.
14. No structural building shall be located closer than 20' to the
centerline of the existing trunk sanitary sewer or storm sewer
facilities.
15. This development shall dedicate all necessary utility
easements, public rights-of-way and ponding easements as
required by the City or the County.
16. This development shall be responsible for the acquisition of
all required regulatory agency permits in accordance with their
stipulated time frames.
17. This development shall be responsible for the upgrading of
trunk related assessments associated with the rezoning and any
additional trunk areas, lateral benefit or front footage
assessments previously not levied and/or associated with the
future upgrading of County Road 30.
18. This development shall extend sanitary sewer and water laterals
to the west property line for future extension and service to
the undeveloped property to the west.
19. This development shall be subject to all conditions and
restrictions of Dakota County regarding its proposed street
access and platting adjacent to County right-of-way.
35
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APC Minutes
December 18, 1986
BOULDER RIDGE - PRELIMINARY PLAT
The final public hearing of the evening was in regard to the application
of New American Homes for a preliminary plat of Boulder Ridge Addition on
Outlot A, Thomas Lake Heights. Chairperson McCrea convened the public hearing
in regard to the proposal consisting of 75 townhouse units on 8.7 gross acres
abutting County Road #30 on the north, Thomas Lake Road and approximately 2.2
undeveloped acres of the Deerfield apartment project on the west and Heine
Pond on the east. City Planner Runkle pointed out that the Pheasant Knoll
Addition previously received preliminary plat approval on this site in 1984
but was never final platted. The townhouse proposal is consistent with the
zoning district in the Blackhawk Park Planned Development. The Park
Commission had expressed concerns regarding the extensive grading involved and
potential damage to Heine Pond. Mr. Kevin VonRiedel of McCombs, Knutson was
present to provide a presentation, in addition to Mr. Greg Frank and Tom
Gastler. It was pointed out that the first proposal for this parcel had been
120 units and that the Pheasant Knoll proposal had been 80 units. Mr.
VonRiedel indicated that the developer could work with the cuts and fills and
necessary retaining walls to meet City staff recommendations.
Mr. Ray Kau£enberg, 1503 Clemson Court, appeared and expressed concern
that any building along the slopes would destroy all the trees, in spite of
the developer's express intent to preserve trees. He also suggested that the
traffic impact on Thomas Lake Road would be very negative and that the
representative of the applicant had not clarified to him previously what the
project consisted of.
After closing the public hearing, the Planning Commission discussed the
extensive grading necessary for the project and the need or ability to obtain
the DNR approval for any necessary filling. While it was proposed that the
City would add a parking area and boat launch, it was suggested by the City
engineer that it may not be feasible due to the steep grades in the area.
There was significant concern regarding the waste of natural amenities. The
developer did indicate that $80,000.00 to $85,000.00 units would be
constructed with the possibility of ranging up to $100,000.00 with additions.
The developer indicated that the County had reviewed the need for access on
Diffley Road and orally indicated that it would be approved if more than 600
feet from Thomas Lake Road. Voracek moved, Trygg seconded the motion to
recommend denial of the application on the basis that the applicant had not
sufficiently considered and preserved the topography in the proposal. All
voted in favor. It was pointed out that the item would be heard by the City
Council on January 20, 1987.
CHRONICLE EDITORIAL
Mr. Voracek pointed out that the editorial in the December 10, 1986
Chronicle in regard to the Planning Commission's deliberations for the 35-E
Diffley shopping center was an.injustice to the Commission. It was felt that
the prepared Resolution in favor or against the proposal was inappropriate at
the Planning Commission level and would not be accepted in the future. Staff
was advised that such prepared Resolutions would not be accepted in the future
and that the reasons for zoning decisions would be addressed in the minutes.
7
Agenda Information Memo,
January 20, 1987, City Council Meeting
Page Thirteen
REVIEW ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW)
LEXINGTON AVENUE STREET IMPROVEMENTS
B. Review Environmental Assessment Worksheet (EAW) for Lexington
Avenue Street Improvements --The Dakota County Highway Department
has prepared an Environmental Assessment Worksheet for the proposed
upgrading of County Road 43 (Lexington Avenue) from County Road
28 (Yankee Doodle Road) to Lexington Way on the south end. A
copy of the EAW was distributed to all members of the City Council
at the January 6 meeting for their information and review. This
EAW was also distributed to the Parks, Planning and Administration
Departments of the City. In addition, the Metropolitan Council
has requested any comments from the City of Eagan as a part of
their review of this EAW. The following are the collective comments
resulting from internal staff review:
1. The typical section submitted with the EAW shows the construc-
tion of an 8' wide bituminous trailway on only one side of
Lexington Avenue through the scope of this project. In
accordance with the City's Comprehensive Trailway System
Plan, this plan should incorporate a trailway on both sides
through the length of this project.
2. Under Section #11, it should also reference the required
cost participation agreement for the City of Eagan.
3. There will be minor additional right-of-way and temporary
construction easements to be acquired from the O'Leary Lake
Park and the Patrick Eagan Park frontage along Lexington
Avenue. No major problems are anticipated, subject to final
detail design review to insure adequate access grades are
maintained and/or provided.
4. Storm water runoff from this project will be discharged into
existing or proposed City trunk storm sewer facilities,
outletting directly into McCarthy Lake, Hurley Lake and
O'Leary Lake, prior to final discharge through Lemay Lake
and Fish Lake with the ultimate outlet at the Minnesota River.
Environmental concerns regarding water quality will have
to be addressed in the final detail designs in accordance
with the requirements of the Gun Club Lake Watershed Management
Organization criteria and the City of Eagan's Comprehensive
Water Quality Management Plan which should be implemented
by the time of construction.
Any other issues or concerns should be added to this list for
a formal response to all appropriate agencies.
ACTION TO BE CONSIDERED ON THIS ITEM: To review the Environmental
Assessment Worksheet (EAW) for the Lexington Avenue street improve-
ment and approve the list of issues and concerns to be further
reviewed during the final design.
Special Note. Enclosed on pages are the response from the
Met Council regarding their review of this EAW, & a letter from Dakota
County regarding their action. 416
January 9, 1987
Mr. Larry Figgins
Dakota County Highway Department
7300 West 147th Street - Suite 402
Apple Valley, MN 55124
RE: Environmental Assessment Worksheet (EAW)
Dakota County, CR 43 (Lexington Avenue)
from CR 28 to 1.75 miles south
Metropolitan Council Referral File No. 14031-1
Dear Mr. Figgins:
At its meeting on January 8, 1987, the Metropolitan Council
for CR 43 (Lexington Ave.) from CR 28 to 1.75 miles south.
was based on the following statement from the Consent List
by the Council.
Metropolitan Council
300 Metro Square Building
Seventh and Robert Streets
St, Paul, Minnesota 55101
Telephone (612) 291-6359
uurrsiuered the EAW
This consideration
which was approved
On December 23 Dakota County submitted an Environmental Assessment
Worksheet for improvements to a 1.75 mile stretch of Lexington Ave. (CR
43) south of Yankee Doodle Road (CR 28). The road is currently a 2 lane
rural road with gravel shoulders. It is proposed for widening to 4 lanes
with curb and gutter and a bike trail to serve 209000 vehicles per day by
2008. The EAW appears to be complete and no major impacts are foreseen;
therefore an EIS is not needed.
The Council approved the above statement as its comments on the EAW.
Sincerely,
V
Steve Keefe
Chair
SK: 11
cc: Greg Downing, Environmental Review Coordinator, Environ. Rev. See., EQB
Tom Hedges, Administrator, City of Eagan
Connie Kozlak, Metropolitan Council Staff
1-7
7
Equal PP
4 Employer
An E O oLniN Em to er
DAKOTA COUNTY
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
DIVISION OF PHYSICAL DEVELOPMENT
7300 WEST 147th STREET, SUITE #503
DEPARTMENTS OF -
• HIGHWAYS December 30, 1986
• PARKS
• PLANNING 8 PROGRAM MGMT.
• PROPERTY MANAGEMENT
.• SURVEY
Attn: Dale Runkle, City Planner
RE: LEXINGTON HILLS FIRST ADDITION
Dear Mr. Runkle:
GARY J. ERICKSON, P.E.
DIRECTOR
(612) 431-1158
APPLE VALLEY, MINNESOTA 551
RECEIVED.i O ; 41987
The Dakota County Plat Commission met on December 30, 1986, to reconsider the
plat of LEXINGTON HILLS FIRST ADDITION. We were disappointed to hear that the
City Council acted in opposition to the County Plat Commission's position to cul
de sac the north end of Lexington Way. In the interest of expedience, however,
and a desire to work with the City in assisting the developer to receive plat
approval before the 31st of the month, the Plat Commissiion chose to waive its
earlier. requirement of constructing the subject cul de sac. We encourage the
City to continue the evaluation of constructing the cul de sac and working with
the County to reduce the number of access points along Lexington Avenue.
The 10 foot easement for roadway and pathway purposes along the subject property
and along the abutting church property must be conveyed from the City to the
County for simultaneous recording with the subject plat.
The Plat Commission requests the City's position regarding the legality of the
creation of the lot immediately south of the LEXINGTON HILLS FIRST ADDITION
plat. It is the understanding of the Plat Commission that this lot may have been
created illegally (it never came before the Plat Commission as an exception to
platting) and as such may have jeopardized its rights to access in the future.
The Plat Commission has recommended approval of this plat to the Dakota County
Board.
No work shall commence on the County right of way until a permit has been
obtained from the County Highway Department.
4cerely,
Gary rickson
Secretary, Dakota County Plat Commission
cc: Wayne D. Cordes, Lana Surveyor.
Dave Everds, County Highway Engineer
Tan Swanson, Permits Technician
GE:vf
AN EQUAL OPPORTUNITY EMPLOYER
Agenda Information Memo,
January 20, 1987, City Council Meeting
Page Fourteen
INDOOR TRASH STORAGE CONDITION
TOWN CENTRE 100 PROFESSIONAL BUILDING
C. Request to Eliminate the Condition Requiring Indoor Trash
Storage for the Town Centre 100 Professional Building --The City has
received a letter from Laura Marks, one of the owners of the Town
Centre 100 2nd Addition office building, requesting that the City
Council amend condition #7 of their July 1, 1986 preliminary plat
approval, by allowing an outside brick enclosed trash area connected
to the building as opposed to trash being confined to the interior
of the building. For a copy of the request and a drawing locating
the trash receptacle, refer to pages Q through _L. Preliminary
plats are normally considered at a public hearing before the
Advisory Planning Commission.
There was no notification given to the adjoining property owners
regarding this proposed change through an approved condition of the
original preliminary plat.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny
modification of condition #7 of the preliminary plat entitled Town
Centre 100 2nd Addition.
q
JAN 1 4 11987 -
January 12, 1987
Mr. Jim Sturm
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: Town Centre 100 2nd Addition
Office Building Trash Enclosure
Dear Jim:
At the City Council meeting of July 1, 1986, Condition #7 was
placed on the prelimnary plat approval stating that a trash
enclosure be incorporated into the interior of the building. We
are requesting that this condition be changed to an outside brick
enclosed trash area connected to the building by a wall con-
..,-.,....structed of the same material as the building and the trash
enclosure. Attached is a drawing illustrating this proposed
change.
.:.,--..Your favorable consideration of this matter would be appreciated.
-;h =r; -" es .Sincerely,
5
Laura Marks
LM/ble
Enclosure
GT. V
Ittt4
51
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Agenda Information Memo,
January 20, 1987, City Council Meeting
Page Fifteen
PUBLIC IMPROVEMENT CONTRACTS
A. Public Improvement Contracts:
Item 1. Contract 85-15, Approve Change Order #3 (Royal Oak Circle) -
This contract provides for the installation of utilities to service
the Royal Oaks Circle mult-residential development, south of
Surrey Heights and west of Federal Drive. However, during the
time of the construction operations, the contractor encountered
temporary stockpiles of excavated materials for the future footings
and foundations of these multi -unit buildings. This resulted
in additional costs and delays in the project. Because this
extra cost is the direct responsibility of the development, all
costs associated with this will be directly assessable to the
Royal Oak Circle Addition.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order
#3 to Contract 85-15 (Royal Oak Circle Addition) in the amount
of an additional $5,728.59 and authorize the Mayor and City Clerk
to execute all related documents.
Item 2. Contract 86-3, Approve Change Order #1 (Ashbury Road) --
This contract provided for the installation of streets and utilities
for Ashbury Road, from Blackhawk Glen to Blue Cross Road. Due
to refinement of road alignment elevations during construction
to eliminate drainage problems, it was necessary to reconstruct
and raise several existing manhole structures. This resulted
in an additional cost of $2,409.25.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve Change Order #1
to Contract 86-3 (Ashbury Road) for an additional $2,409.25 and
authorize the Mayor and City Clerk to execute all related docu-
ments.
Item 3. Contract 85-21, Approve Change Order #4 (Maintenance
Building Remodeling) --Contract 85-21 provides for the expansion
and remodeling to the Maintenance Facility on Coachman Road,
south of Yankee Doodle Road. The contract allows the City to
purchase large item materials directly from the manufacturer/
supplier in lieu of through the general contracting firm which
was awarded the overall contract. Therefore, with the direct
purchase by the City from the supplier, it is appropriate that
the costs associated with the installation of this facility be
deducted from the overall contract. This results in an overall
cost savings of overhead and profit through the general contracting
firm. The amount of this change order is for a reduction of
$22,598.07.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order
#4 for Contract 85-21 (Maintenance Building Remodeling) for a
reduction of $22,598.07 and authorize the Mayor and City Clerk
to execute all related documents.6Y
Agenda Information Memo,
January 20, 1987, City Council Meeting
Page Sixteen
Item 4. Contract 86-12, Approve Change Order #1 (Well Pumps
#8 and 9) --Contract 86-12 provides for the construction of the
well house and pumping facilities for Wells #8 and 9 presently
under construction. Subsequent to the past award of the contract,
it has been determined that the required flow meters for these
wells are no longer available as originally bid. After reviewing
and approving an acceptable alternate make and model, it results
in the deduct of $280 from the original contract.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve Change Order #1
to Contract 86-12 (Well Pumps #8 and 9) and authorize the Mayor
and City Clerk to execute all related documents.
Item 5. Change Order #1 for City Project 86 -09 --Change Order #1 for
City Project 86-09 with ALM Builders Incorporated for the
construction of Eagan park shelter buildings, was recommended for
approval in the amount of $1,193. This change order reflects
several modifications to the shelter buildings at all four park
locations. Work includes addition of an 8' x 25' concrete slab at
the entrance of Trapp Farm shelter building, deletion of tectum
panels and replacement with cedar siding at Trapp Farm and Goat Hill
buildings, additional heat tape for pipes and overhead ceiling runs
and staining the interior of the picnic pavilion at Trapp Farm.
Also included in this change order is a credit on finish hardware
and a change in panel board construction for electrical services.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1
for City Contract 86-09 with ALM Builders for park shelter buildings
in the amount of $1,193. The original contract is $382,838, revised
to $384,031.
Item 6. Change Order #1 for City Contract 86 -21 --Change Order #1
for City Contract 86-21 with Century Fence Incorporated, is
recommended for approval in the amount of $1,430. Change order
items include substitution of 12' wide for 10' double gates,
addition of center brace rail to backstop hood at Cedar baseball
fields and additional concrete width and height for retaining wall
base at Goat Hill Park baseball field. These change order items
cost $543, $450 and $437 respectively for a grand total of $1,430.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order #1
for City Contract 86-21 for athletic fencing and backstops with
Century Fencing Incorporated. The original contract amount was
$114,627.88, revised to $116,057.88.
�3
Agenda Information Memo,
January 20, 1987, City Council Meeting
Page Seventeen
PRIVATE IMPROVEMENT PROJECTS
B. Private Improvement Projects:
Item 1. Contract 83-R, Final Approval/Acceptance (Sunset 3rd
Addition) --We have received a recommendation for final acceptance
from our consulting engineering firm for the installation of
streets and utilities within the Sunset 3rd Addition which was
installed privately by the developer. All final inspections
have been performed by representatives of the Public Works
Department and found to be in order for favorable Council action
of this request.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Contract 83-R
(Sunset 3rd Addition -Streets and Utilities) and accept for perpetual
maintenance.
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