07/07/1987 - City Council RegularAGENDA
REGULAR b%L i "G '.
RAGAN CITY COUNCIL
EAGAN, MINNESOTA
CITY HALL
JULY 7, 1987
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES
.�
III.
6:40
- REAL ESTATE TAR ABATEMENTS - DAKOTA COUNTY ASSESSOR'S OFFICE
IV.
6:45
- PRESENTATION TO ANTHONY JOHNSON
V. 6:50 - DEPARTMENT HEAD BUSINESS
A. Fire Department
'-�
I. Review Plans for Fire Station #4
Public Works Department
k• 1. Authorize Update of Comprehensive Sanitary Sewer & Water Mgmt Plans
VI. 6:55 - CONSENT AGENDA
PKI A. Personnel Items
�k B. 1987 Trailer Permit Renewals
13 C. Plumbers Permit
�p VS D. Project 502, Receive Report/Order Public Hearing (R&B Addition - Storm Sewer)
`
ISEReapprove Final Plat, Wyndham Corporate Center Addition
PSS F. Approve Change Order #1, Contract 86-17 (Sperry Consolidation Facility)
VaG. Project 511, Receive Petition/Authorize Feasibility Report (Hidden Valley -
Sanitary Sewer)
P,1cp H. Project 512, Receive Petition/Authorize Feasibility Report (Cutters Ridge -
Utilities)
I. Final Plat Approval for Parkside Addition..
a•��J. Final Plat Approval for Danbury Addition
1,�l K. Final Plat Approval for Lexington Parkview Addition
P 23 L. Final Plat Approval for Lexington Point Addition
Final Plat Approval for Rockwoods Woods Addition
�ag N. Investment Custody Agreement
.z6o. Approval of Records Retention Schedule
,� 2P. Appointments to Minnesota Police Recruitment
Q. Project 513, Receive Petition/Order Feasibility Report (Brittany 10th - Trunk
I' Water Main)
R. Project 504, Deceive Feasibility Report/Order Public Hearing (Whispering Woods
2nd Addition --Storm Sewer)
S. Project 450, Receive Final Assessment Roll/Order Public Hearing (Williams &
LaRue Addition) Utilities)
T. Project 464, Receive Final Assessment Roll/Order Public Hearing (Wyndham
Corporate Center - Streets and Utilities)
VII. 7:00 - PUBLIC HEARINGS
qS A -Project 487, Braun Court - Streets & Storm Sewer
<1B. Project 496, Brittany 10th Addition - Storm Sewer
-0C. Project 480, Eagandale Center Industrial Park - Street Overlay (Item will be
continued)
P, 10D. Project 499, Chapel Hill Baptist Church - Streets & Storm Sewer (Item will be
continued)
Vacation of Public Street Right -of -Way - Technology Circle
VIZI. VacOLD BUSINESS
Q :lam A. Pondview Addition Clarification of Uses/Rocky Rococo Restaurant
I%...II NEW BUSINESS
A. Discussion Regarding Use of Barbeque Grills on Deeks/Balconies of Multifamily
y Dwellings
�.O�( B. Special Use Permit (Century 21) for Two Temporary Signs on the SE Corner of Hwy
13 and Blackhawk Rd, NW1/4 of Sec 17
C. Variance (James & Cheryl Snede) for 1.5' Sideyard Setback to Allow a 3.5'
Setback on Lot 10, Block 1, St. Francis Wood
PX03 D. Waiver of Plat (B.H.Grace) for Duplex Lot Splits on Lot 4, Block 2,
and Lot 5, Block 1, Rahn Ridge Add, On Vienna Lane Near Kings Rd, NE1/4, Sec 31
�o7 E. Waiver of Plat, Zachman Brothers, For Twin Home Lots splits on Lots 10 and 11,
Block 1, Cinnamon Ridge 6th Add, Cinnamon Ridge Near Mecalf Dr, SW1/4, Sec 30
F. Sign Permit, Federal Land Company, For Three Signs in the Town Centre Addition
P'II (NW1/4, Sec 15)
\.4 G. Building Permit -to Construct a Fence Between Amoco Car Care Center and Tom
Thumb Market Located in the Yankee Square Shopping Center
�a% H. Rezoning (Meritor Corporation) for Eagan Royale Addition Revised of
Approximately 46.848 Acres from A (Agriculture) to R-1 (Single Family) and a
Preliminary Plat Consisting of 72 Lots Located in SE1/4 of Sec 31 Abutting
Safari Pass on the East/35E on West
Comprehensive Guide Plan Amendment (Dallas Development) and a Rezoning of
` Approximately 25.35 Acres Including the Existing 8.3 Acre Silver Bell lst
Addition from LI (Light Industrial) to Commercial Planned Development and a
Preliminary Plat Consisting of 3 Lots on 17.05 Acres, a Conditional Use Permit
for Motor Fuel Sales, and a Special Use Permit for a Temporary School in an
Existing Silver Bell Facility, Located Along Silver Bell Road West of Hwy 13,
in the SW1/4 of See 17 and SE1/4 of Sec 18
J. Rezoning (W.F. Murphy) of .84 Agricultural Acres of the Jean Addition to R-2
�j (Double) District and .72 Agricultural Acres to R-1 (Single Family) District
and Preliminary Plat Consisting of 2 Lots Located South of Kings Road and North
g�of 35E, SE1/4 of Sec 31 K. Rezoning (Wendell E. Carlson) of Approximately 2.6 Acres of the Pine Ridge
Addition from A (Agriculture) to R-1 (Single Family and Preliminary Plat
Consisting of 7 Lots Located South of Crestridge Lane and West of Kolstad Road,
SW 1/4 of Sec 15
PL. Variance for VanEeckout Building Corporation to Encroach into Easement at Lot 2, Block 1, Chatterton Ponds, East of Pilot Knob Road, SW1/4 of Sec 22
M. Refunding of City of Eagan $1,250,000 Commercial Development Revenue Bonds of
1982 (Yankee Square Office III Project)
X. ADDITIONAL ITEMS
A. Public Improvement Contracts
e•�911. Parks Department Contract, Receive Bids/Award Contract, Northview Park/Goat
Hill Park Irrigation System Materials
P20 102. Contract 87-17, Approve Plans/Order Ad for Bids (Blackhawk Rd - Street
• Reconstruction)
X003. Contract 87-26, Approve Plans/Order Ad for Bids (Wescott Rd - Surfacing) 4.
Contract 87-15, Receive Bids/Award Contract (Wescott Road - Grading and
1 Utilities)
p�-5. Contract 87-15, Authorize Easement Acquisition (Parcel 10-02300-010-01)
�zo�6. Contract 87-21, Approve Plans/Order Ad For Bids (Eagan Hills Farms - Trunk
Utilities
,7,20q 7. Contract 87-22, Approve Plans/Order Ad For Bids (Hills of Stone Bridge - Trunk
Utilities
Pcg8. Contract 87-23, Approve Plans/Order Ad For Bids (Bridle Ridge - Trunk Utilities
72 -KB. Review/Approve 1988 Budget, Gun Club Lake Watershed Mgmt Organization
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10I C. Accessory Housing Clarification
%I. VISITORS TO BE HEARD (for those persons not on the agenda)
%II. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JULY 11 1987
SUBJECT: AGENDA INFORMATION FOR JULY 7, 1987 CITY COUNCIL MEETING
After approval is given to the July 7, 1987 agenda and regular City
Council meeting minutes for the June 16, 1987 meeting and special
council minutes for the June 9 and June 18 meetings, the following
items are in order for consideration:
REAL ESTATE TAX ABATEMENTS — DAKOTA COUNTY ASSESSOR'S OFFICE
The City has received a tax abatement request from the Dakota County
Assessor's Office to reduce the market value for the Myron Stapf
property which is located on the attached map found on page —2—
describing
2describing the property. According to the Assessor's office, after
discussion with the builder, it was determined that the stage of
completion of the house is 50% rather than 75%. The house was
complete on the outside, however, they were in the process of
sheetrocking and had no furnace on January 2, 1986. Therefore, the
estimated market value should be reduced from $104,400 to $61,200
and the assessed value should be reduced from $29,232 to $17,136 for
1986, payable in 1987.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the tax
abatement as presented by the Dakota County Assessor's Office.
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Agenda Information Memo,
July 7, 1987
Mr. Anthony Johnson who resides in the City of Eagan recently was
named the U.S. Fencing Champion for the under 19 age bracket. Mr.
Johnson will be present to receive a certificate from the City
Council.
A. FIRE DEPARTMENT
Item 1. Review Plans for Fire Station #4--A Public Works Committee
meeting was held on Tuesday, June 23, 1987, at the Fire
Administration building to meet with the architect and members of
the Fire Department Building Committee to review plans and design
for Fire Station #4. Also reviewed was a flow chart indicating the
timing for finalization of plans and specifications and bidding for
Fire Station #4. After some minor modification, the Public Works
Committee is in agreement with the plans as being shown and
suggested that the design be presented to the City Council at the
July 7 meeting, so the architect can proceed with the development of
plans and specifications.
Enclosed is a copy of a flow chart and an 8 1/2 11 reduced copy of
the design for Fire Station #4 found on pages through.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize
prepare plans and specifications and final design fo
preparing bidding specifications for Fire Station #4.
13
the architect to
r the purpose of
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Agenda Information Memo,
July 7, 1987
PUBLIC WORKS DEPARTMENT
B. Public Works Department:
Item 1. Authorize Update of Comprehensive Sanitary Sewer and Water
Management Plans --The last comprehensive review and update of our
comprehensive sanitary sewer and water main distribution plans was
performed during the fall of 1981 with formal approval by Council
action on March 2, 1982. That was prior to the completion of I -35E
with our population estimated at 23,000. During the past five
years, sufficient trunk facilities have been installed when major
areas within our community developed.
Subsequently, the Public Works Director is strongly recommending
that the Council give authorization to perform another update to
these comprehensive plans which are an invaluable tool in helping to
plan the future growth of the community and reviewing individual
development proposals and related requirements. It is also timely,
based on the most recent update of the Comprehensive Land Use Guide
Plan which will be used as a basis for determining land uses and
resultant sanitary sewer flows and water demands. It is estimated
that the sanitary sewer plan update will cost approximately $15,000
and the comprehensive water plan update will cost approximately
$25,000. The cost of these revisions and updates should be the
responsibility of the trunk sanitary sewer and water funds
respectively.
Because of the immediate need and the time frame necessary to
perform these comprehensive updates, the Public Works Director is
requesting Council authorization to initiate this work.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the updating of the
comprehensive water and sanitary sewer master plans.
Agenda Information Memo,
July 7, 1987
There are twenty (20)items on the agenda referred
requiring one (1) motion by the City Council.
wishes to discuss any of the items in further
should be removed from the Consent Agenda
Additional Items unless the discussion required
PERSONNEL ITEMS
to as consent items
If the City Council
detail, those items
and placed under
is brief.
A. Personnel Items --There are two (2) items to be considered under
Personnel Items at this time.
1. Extra Hours for Part-time Dispatchers --The Police Department is
experiencing a substantial increase in the number of calls received
as well as the seriousness of the calls received. As a result, they
are requesting that a budget allocation for 20 extra hours per week
for coverage in the dispatch center be approved. The time would be
shared by the part-time dispatchers already on the staff. The
additional time would give the Police Department double (2
dispatcher) coverage until 2:00 a.m. on week nights and until 3:00
a.m. on Fridays and Saturdays. It would also give double coverage
on Sundays from 1:00 p.m. until midnight. Double coverage is needed
at these times because of the additional number and seriousness of
the calls which are received during these hours. The total cost for
the remainder of 1987 for these 20 additional hours would be
approximately $4,000.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve funding for 20
additional hours per week for coverage in the Police Dispatch
Center.
2. MIS Coordinator --The City received over 150 applications for the
position of MIS Coordinator unfortunately, a great many of these did
not match the qualifications for which the City had advertised.
However, from the applications which were close to matching those
qualifications, sixteen applicants were chosen to come to the Eagan
Municipal Center for an interview with City Administrator Hedges,
Administrative Assistant Duffy, Administrative Assistant Hohenstein
and the MIS Coordinator from St. Louis Park, Clint Pires. Of those
sixteen, twelve accepted the invitation to interview. The
interviews were held and from that session, five candidates were
selected for a final interview. Currently, references are being
checked on the five finalists. It is expected that the City
Administrator will be able to supply a name for recommendation for
hire for the MIS Coordinator at the City Council meeting on July 7,
1987.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of a
candidate yet to be named as MIS Coordinator for the City of Eagan,
subject to successful completion of the City's physical examination
requirement. /n
Agenda Information Memo
July 7, 1987
TRAILER PERMIT RENEWALS
B. 1987 Trailer Permit Renewals --There are six (6) trailer permit
renewals in order for consideration by the City Council. Administra-
tive Intern Bruce Robertson made an on-site inspection of eight
trailers in use in the City, and of the eight, six are being used
according to conditions of approval set forth by the City Council.
Two trailers, one utilized by Joe Steininger at 670 Lone Oak Road
and the other by Jim Horne at 3850 Coronation Drive, do not appear
to comply with the conditions of approval and, therefore, staff is
not requesting their renewal at this time.
Enclosed on page I is a list of the trialer permit renewals as
presented for consideration by Administrative Assistant Witt for
consideration by the Council.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the trailer
permit renewals for 1987 as presented.
/l
JUNE 16, 1987
TRAILER PERMIT RENEWALS
1. Tripp Oil Co.
3085 Hwy. 13
Eagan, MN 55121
2. Earl Marotzke
-535 Gun Club Road
Rosemount, MN 55068
3. Alwin & Lyle Schultz
1315 Carriage Hills Dr
Eagan, MN 55123
4. Edmund Schwanz
810 Yankee Doodle Rd
Eagan, MN 55123
5. Levi Heuer
550 Diffley Rd
Eagan, MN 55123
6. Dakota Homes
3660 Dodd Road
Eagan, MN 55121
Permitted prior to 1970 and remains
in use as an office.
Permitted prior to 1970 and remains
in use as a family home.
Permitted prior to 1970 and remains
in use as a family home.
Permitted in 1980 and remains as a
residence for Mr. Schwanz"s mother.
Permitted in 1983 and remains in use
as a residence for George Meister.
Permitted in 1972 and remains in use as
a sales office for mobile homes.
M
Agenda Information Memo,
July 7, 1987
PLUMBERS PERMITS
C. Plumbers Permits --Enclosed on page is a list of plumbers
whose permit renewals are in order for Co6ricil consideration.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plumbers
permits as presented.
13
PLUMBERS LICENSES JULY 7, 1987
1. GERRY'S PLUMBING, INC.
2. HERITAGE PLUMBING, INC.
3. MAPLEWOOD PLUMBING & HEATING
4. MARTY'S PLUMBING & HEATING
5. MEVISSEN PLUMBING
6. PEINE PLUMBING & HEATING
7. PIPER PLUMBING, INC.
8. WILLIAM RIDLER PLUMBING & HEATING
9. SOLBERG PLUMBING
10. STATE MECHANICAL
Agenda Information Memo,
July 7, 1987
PROJECT 502, RECEIVE REPORT ORDER PUBLIC HEARING
(R & B ADDITION - STORM SEWER)
D. Project 502, Receive Report/Order Public Hearing (R & B Addition
- Storm Sewer) --In response to the petition submitted by the
developers of the proposed R & B Addition located south of the curve
of Duckwood Drive west of Denmark Avenue, the Council authorized the
preparation of a feasibility report for the installation of storm
sewer facilities necessary for this development. This feasibility
report has now been completed and is being presented to the Council
in consideration of scheduling a formal public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility
report for Project 502 (R & B Addition - storm sewer) and schedule a
public hearing to be held August 4, 1987.
REAPPROVE FINAL PLAT, WYNDHAM CORPORATE CENTER ADDITION
E. Reapprove Final Plat, Wyndham Corporate Center Addition --On July
15, 1986, the City Council approved the final plat for the Wyndham
Corporate Center Addition on the west side of Pilot Knob Road
opposite Corporate Center Drive. However, the developer did not
proceed with the filing of the plat with the County within the sixty
days required by City ordinance. Subsequently, the final plat
approval expired on September 15, 1986.
The developer has been informed of this situation and has indicated
a willingness to proceed with the recording of this plat. However,
this will require formal reapproval by Council action to allow this
plat to be recorded.
ACTION TO BE CONSIDERED ON THIS ITEM: To reapprove the ,final plat
of Wyndham Corporate Center Addition and authorize the Mayor and
City Clerk to execute all related documents.
APPROVE CHANGE ORDER NO. 1, CONTRACT 86-17
SPERRY CONSOLIDATION FACILITY)
F. Approve Change Order No. 1, Contract 86-17 (Sperry Consolidation
Facility) --We have received a request from Unisys Corporation
pertaining to a revision and expansion of the parking lot/entrance
drive for their new consolidation facility being constructed under
City Contract 86-17 as a part of the TIF district. All costs
associated with this change order would be the responsibility of
this development and within the funding guidelines of the original
TIF issue.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order No. 1
to Contract 86-17 (Sperry Consolidation Facility).
/J--/
Agenda Information Memo,
July 7, 1987
PROJECT 511, RECEIVE PETITION,/AUTHORIZE FEASIBILITY REPORT
(HIDDEN VALLEY — SANITARY SEWER)
G. Project 511, Receive Petition/Authorize Feasibility Report
(Hidden Valley - Sanitary Sewer) --The staff has received a petition
requesting the preparation of a feasibility report to extend the
trunk sanitary sewer from the Birch Park/Wescott Road lift station
to the proposed Hidden Valley Addition located south of Skovdale No.
2. All costs have been guaranteed should the project not be
approved at the public hearing process.
ACTION TO -BE CONSIDERED ON THIS ITEM: To receive the petition and
authorize the preparation of a feasibility report and detailed plans
and specifications for Project 511 (Hidden Valley - trunk sanitary
sewer) .
_PROJE_CT_512,_RECEIVE PETITION/AUTHORIZE FEASIBILITY REPORT
(CUTTERS RIDGE - UTILITIES)
H. Project 512, Receive Petition/Authorize Feasibility Report
(Cutters Ridge - Utilities) --The staff has received a petition from
the developers of the proposed Cutters Ridge Addition which is
presently being processed through the Planning Commission as a
single-family development on the west side of Pilot Knob Road
opposite from the Hidden Valley Addition (just north of the Bryant
parcel). This petition requests the installation of storm and
sanitary sewer extensions from I -35E to this parcel and also the
installation of the trunk water main as may be required as a
condition of development.
Although the petitioner has guaranteed all costs associated with the
preparation of this report, if the Council feels that it is too
premature prior to considering the preliminary plat application,
this item should be continued to the August 18 Council meeting when
it is anticipated that the preliminary plat application and this
recommendation from the Planning Commission will be considered by
the Council.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and
authorize the feasibility report and detailed plans and
specifications for Project 512 (Cutters Ridge - utilities) or
continue until August 18, 1987.
16
Agenda Information Memo,
July 7, 1987
FINAL PLAT APPROVAL FOR PARRSIDE ADDITION
I. Final Plat Approval for Parkside Addition --We have received an
application for final plat approval for the Parkside Addition
located east of Lexington Avenue and south of the Stuart Addition as
shown by the plat enclosed on page M. All conditions of
preliminary plat approval by Council action on April 21, 1987 have
been complied with. All final plat application materials have been
submitted, reviewed by staff,' and found to be in order for favorable
Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for
the Parkside Addition and authorize the Mayor and City Clerk to
execute all related documents.
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Agenda Information Memo,
July 7, 1987
FINAL PLAT APPROVAL FOR DANBURY ADDITION
J. Final Plat Approval for Danbury Addition --We have received an
application for final plat approval for the Danbury Addition located
within the Lexington Square development as shown by the plat
contained on page ZO All conditions of the preliminary plat
approval by Council action on March 17, 1987 have been
satisfactorily complied with. All final plat application materials
have been submitted, reviewed by staff, and found to be in order for
favorable Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for
the Danbury Addition and authorize the Mayor and City Clerk to
execute all related documents.
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Agenda Information Memo,
July 7, 1987
FINAL PLAT APPROVAL FOR LEXINGTON PARKVIEW ADDITION
K. Final Plat Approval for Lexington Parkview Addition --The staff
has received an application for final plat approval for the
Lexington Parkview Addition located east of Lexington Avenue and
south of Northview Park Road as shown by the plat contained on page
All conditions of preliminary plat approval by Council
action on February 17, 1987 have been satisfactorily complied with.
All final plat application materials have been submitted and
reviewed by staff. All items are in order with the exception of the
development contract agreement not being fully executed by all
underlying fee owners of the property in question. Therefore, if
the Council wants to consider formal approval of this final plat, it
should be subject to the condition that no documents be executed by
the Mayor and City Clerk until fully executed by all identified
property owners.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for
the Lexington Parkview Addition and authorize the Mayor and City
Clerk to execute all related documents only after properly executed
by all identified property owners.
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Agenda Information Memo,
July 7, 1987
FINAL PLAT APPROVAL FOR LEXINGTON POINTE ADDITION
L. Final Plat Approval for Lexington Pointe Addition --We have
received an application for final plat approval for the Lexington
Pointe Addition located south of Diffley Road and west of N rthview
Meadows as indicated by the plat contained on pages Z__ and
All conditions of preliminary plat approval by Council
action on March 3, 1987 have been complied with. All final plat
application materials have been submitted, reviewed by staff, and
found to be. in order for favorable Council action.
ACTION TO BE CONSIDERED ON THIS ITEM:To approve the final plat for
Lexington Pointe Addition and authorize the Mayor and City Clerk to
execute all related documents.
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,25
NORTHVIEW
ME ADO ti'l' S
I2ND
ADDITION
Agenda Information Memo,
July 7, 1987
FINAL PLAT APPROVAL FOR ROCKWOOD'S WOODS ADDITION
M. Final Plat Approval for Rockwood's Woods Addition --We have
received an application for final plat approval for the Rockwood's
Woods Addition located within the Lakewood Hills Addition north of
Cliff Road and west of Oak Pond Hills Addition as shown by the plat
contained on page _-2, . All conditions of the preliminary plat
approval by Counc 1 action on March 17, 1987 have been
satisfactorily complied with. All final plat application materials
have been submitted, reviewed by staff, and found to be in order for
favorable Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for
the Rockwood's Woods Addition and authorize the Mayor and City Clerk
to execute all related documents.
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Agenda Information Memo,
July 7, 1987
INVESTMENT CUSTODY AGREEMENT
N. Investment Custody Agreement --It was stated in a recent
management letter from Deloitte, Haskins and Sells that the City is
presenting a certain amount of risk from current investment
practices. The Director of Finance has responded to that footnote
and is recommending the City use First Trust as a custodian to safe
keep securities that the City buys. For a copy of a memo from the
Director of Finance outlining the purpose of an investment custody
a reement and a copy of the agreement, refer to pages 7e through
ACTION TO BE CONSIDERED ON THIS ITEM: To approve an agreement with
First Trust for basic service to safe keep securities that the City
buys.
WIN
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: FINANCE DIRECTOR/CITY CLERK VAN OVERBEKE
DATE: JUNE 30, 1987
SUBJECT: INVESTMENT CUSTODY AGREEMENT
As was noted in the recent management letter from Deloitte
Haskins and Sells and highlighted in footnote number 3 of the
annual financial report, the City is presenting a certain amount
of risk with current investment practices. Given the nature of
our investments as well as the depositories being used, I do not
feel that there is any significant risk of suffering any losses
within the customary economic environment. However, since the
provisions of the Governmental Accounting Standards Board's
Statement No. 3 requiring certain note disclosure about
governmental entities' deposits with financial institutions are
now effective, I feel we should take some steps to present less
investment risk. I am therefore recommending that we have the
City Council authorize the execution of the attached Custody
Agreement with First Trust. We would in effect be contracting
with them to hold and safekeep the actual securities the City
purchases. This arrangement reduces the loss potential even more
because the City has easier and more direct access to the actual
security in the event there is a problem with a specific
financial institution.
I am estimating that this service would cost approximately
$10,000 per year which would be offset against interest earnings
generated by these investments. I have not researched any other
financial institutions since I expect the costs to be about the
same and we have previously designated First Trust as the
registrar/paying agent for City bond issues.
Also enclosed is a memo I sent to Paul Hauge as well as a copy of
his response. I guess I failed to make it clear as to what I was
proposing as most of his responses relate to First Trust actually
managing the portfolio and making investments. That is not under
consideration at this time except to the extent that they may
hold in an interest bearing account small amounts that,I have not
directed them to wire out. The basic service being proposed is
for them to safekeep securities that the City buys.
Consideration of external verses internal portfolio management is
a subject to be reviewed at a later date.
If you would like additional information or if you would like to
discuss this recommendation, please let me know.
Finanof Director/City Clerk
Enclosures
EJV/j eh 21
CUSTODY AGREEMENT
THIS AGREEMENT is made and entered into as of the date set
forth on the signature page and is by and between the undersigned
principal ("Customer") and the undersigned affiliate of First Bank
System (Custodian"), as agent for Customer. In consideration of the
following provisions and agreements, Customer and Custodian agree as
follows:
(1) Appointment of Custodian. Customer appoints Custodian to
provide custodial and other services described in this Agreement in
connection with those assets delivered by Customer to Custodian from
time to time and in connection with distributions and payments
received by Custodian with respect to such assets. Custodian accepts
such appointment.
(2) Custodial and Other Duties. Custodian shall perform the
following duties:
(a) Custodian shall accept delivery of assets from Customer and
and safely keep all such assets and all distributions and
payments made with respect to such assets (collectively,
"Assets"), and remit, distribute or deliver any Asset or the
Assets pursuant to written instructions of Customer. Each
periodic account statement prepared by Custodian for Customer
shall serve as a receipt for any Asset delivered to Custodian
by Customer during the period covered by such statement.
(b) Custodian shall open and maintain an account in the name
of Customer and all transactions involving Assets shall be
recorded in such account. Custodian shall furnish Customer, as
part of the services for which Custodian charges its basic fee
hereunder, with periodic account statements (not less frequently
than once every three months) reflecting all securities,
investment and other transactions in the account during the month
and opening and closing Asset holdings. The agreement reflected
by this subparagraph is intended to satisfy the requirements of
parts (a) and (c) of 12 Code of Federal Regulations 12.5
regarding notifications as to securities transactions.
30
(c) If instructed in writing, Custodian shall forward any orders
of Customer to brokers or others with respect to the purchase or
sale of (i) exempted or municipal securities (as defined in the
Securities Exchange Act of 1934 (The "Act")), (ii) commercial
paper; bankers' acceptances or commercial bills, (iii) securities
involved in connection with Custodian's cash sweep program, (iv)
if Customer is a plan subject to the provisions of the Employee
Retirement Income Security Act, as amended, any securities, and
(v) any investments that are not securities (as defined in the
Act) .
(d) Custodian shall collect and receive all dividends, interest
and other distributions with respect to the Assets, whether
payable in cash or in kind, and shall credit them to Customer's
account, subject to final payment.
(e) Custodian shall forward to Customer all information it
receives with respect to any of the Assets concerning redemption
and stock rights that are exercisable at Customer's option,
tender or exchange offers, class action lawsuits and other
special matters and shall follow Customer's written instructions
with respect thereto.
(f) Absent specific written investment instructions to the
contrary from Customer, Custodian shall handle all cash and all
checks and drafts (when collected funds are received) received
from or for Customer in the manner designated below by Customer:
Leave uninvested and deposit as a general deposit with
Custodian or any bank affiliate of Custodian. Customer
acknowledges that Custodian shall have no obligation to
pay interest on such general deposit.
Invest via Custodian's daily Cash Investment Service in
the following investment:
Customer acknowledges receipt of information describing
Custodian's Cash Investment Service and the fees
charged with respect thereto, i.e., Custodian
Publication No. CM1986A.
(g:) Unless ccntrary written instructions are received, Custodian
shall forward to Customer all proxy material it receives with
respect to -securities included among the Assets; Custodian shall
follow blanket or specific written instructions from Customer
with respect to the voting of proxies; in the absence of
instructions, no voting of proxies shall be undertaken by
Custodian.
31
(h) Absent specific written instructions to the contrary from
Customer, Custodian shall not disclose to any issuer of
securities included among the Assets any information about the
identity or address of Customer or its securities position.
(i) If instructed in writing by Customer, Custodian shall
determine all questions regarding allocations between income and
principal with respect to specific Assets.
(j) If Customer appoints an investment adviser and notifies
Custodian in writing of such appointment and the extent of the
adviser's authority and represents in writing that under any
governing instrument with respect to the Assets it has the power
and authority to appoint such investment adviser and delegate
such authority, Custodian shall follow the written instructions
of such adviser that are consistent with such delegation until
advised in writing by Customer that the authority of such adviser
has been changed or revoked.
(3) Powers of Custodian. In the performance of its duties
hereunder, Custodian shall have the following powers:
(a) To register any of the Assets in the name of Customer or in
Custodian's name or in the name of a nominee of Custodian or any
Affiliate of the Custodian or in the name of the Custodian's
Agent Bank or to hold any of the Assets in unregistered form or
in such form as will pass title by delivery, provided that such
Assets shall at all times be recorded in Customer's account
hereunder as one of the Assets.
(b) To make, execute, acknowledge and deliver any and all
documents of transfer and conveyance and any or all other
instruments that may be necessary or appropriate to carry out the
duties described and powers granted herein.
(c) To maintain qualifying Assets in a Federal Reserve Bank or
in any registered clearing agency (including, without limitation,
the Depository Trust Company) as Custodian may select, and to
permit such deposited Assets to be registered in the name of
Custodian or Custodian's agent or nominee on the records of such
Federal Reserve Bank or such registered clearing agency or a
nominee of either.
(d) To act on oral instructions which Custodian reasonably
believes to be issued by Customer or an authorized agent thereof,
unless Customer has notified Custodian in writing not to accept
oral instructions from any, or from specified, persons, provided
that Custodian shall -send Customer a written confirmation of any
such oral instruction and such confirmation shall be deemed
binding on Customer if not promptly objected to. Periodic
account statements from Custodian reflecting a transaction shall
be deemed to be a written confirmation of oral instructions
concerning such transaction.
3
(e) To employ agents and to delegate duties to them as it sees
fit and to employ or consult with experts, advisers and legal
counsel (who may be employed also by Customer) and to rely on
information and advice received from such agents, experts,
advisers and legal counsel.
(f) To perform any and all other acts deemed by Custodian
necessary or appropriate to the proper discharge of its duties
hereunder.
(4) No Discretionary Authority; Standard of Care. Customer and
Custodian acknowledge that, except to the extent set forth in any
separate instrument signed by the parties with respect to this
Agreement, Custodian's duties hereunder do not include any
discretionary authority, control or responsibility with respect
to the management or disposition of any Asset; that Custodian has
no authority or responsibility to render investment advice with
respect to any Asset; and that Custodian is not a fiduciary with
respect to Customer (unless expressly made so by statute or
government regulation). In addition, it is agreed that:
(a) Custodian shall have no duty to make any evaluation or to
advise anyone of the suitability or propriety of Customer's
action or proposed action in any particular transaction involving
an Asset or the suitability or propriety of retaining any
particular investment as an Asset.
(b) Custodian shall not be liable for any loss or diminution of
Assets by reason of investment experience or for its actions
taken in reliance upon an instruction from Customer.
(c) Custodian shall have no duty or responsibility to monitor or
otherwise investigate the actions or omissions of Customer.
(d) Custodian shall only be responsible for the performance of
such duties as are expressly set forth herein or in written
instructions of Customer (or an authorized adviser pursuant to
paragraph 2(1) hereof) which are not contrary to the provisions
of this Agreement. Custodian shall exercise, in the performance
of its duties, reasonable care and shall be liable for loss only
when caused by its negligence, fraud.or willful misconduct.
(5) Compensation and Exnenses. Custodian shall be paid for its
services hereunder and reimbursed for its reasonable expenses in
33
connection with the rendering of such services and Customer
authorizes Custodian to bill/charge its account hereunder for such
services and expenses, as often as monthly. Fees for the services
shall be according to Custodian's fee schedule, as it may be
changed from time to time or shall be as otherwise agreed to in
writing by the parties from time to time.
(6) Term. This Agreement may be terminated by Customer or
Custodian by mailing of written notice to that effect by the
terminating party to the other party, such termination to be
effective thirty (30) days after mailing of such notice, unless
such thirty -day period is waived by the party receiving such notice,
in which case the effective date of termination shall be the date
agreed upon by the parties.
(7) Amendment. This Agreement may be amended at any time but only
by the written agreement of the parties hereto.
(8) Governing Law. This Agreement shall be construed and enforced
in accordance with the laws of the State of Minnesota.
(9) Binding Effect. This Agreement shall be binding upon, and
insure to the benefit of, the parties hereto and their respective
successors and assigns.
3�
ti
IN WITNESS WHEREOF, the parties have executed this Agreement
as of
Date of Signature
19
3-5
FIRST TRUST COMPANY, INC.
By
Its
Its
Date of Signature
19
M
MEMO TO: CITY ATTORNEY HAUGE
FROM: FINANCE DIRECTOR VAN OVERBEKE
DATE: JUNE 17, 1987
SUBJECT: INVESTMENT CUSTODY AGREEMENT
I have recently met with representatives of First Trust to review
the custodial services they provide relative to investment of
City funds. Given the increased attention to security as well as
increased reporting requirements, I believe that it is in the
City's best interest to engage the type of services being offered
by First Trust. I will be making that recommendation to Tom and
the City Council, hopefully at the first meeting in July. Would
you please review the attached copy of the agreement to provide
assurance that it is legally sound for the City.
Please let me know if you would like any additional information
or would like to discuss the matter in more detail.
FinancV
irector/City Clerk
EJV/j eh
J�
r
HAUGE, EIDE & KELLER, P.A.
-ttorneys at cnnaw
TOWN CENTRE PROFESSIONAL BLDG., SUITE 200
1260 YANKEE DOODLE ROAD
EAGAN, MINNESOTA 55123
(612) 456-9000
June 25, 1987
Gene VanOverbeke
Eagan City Clerk
3830 Pilot Knob Road
Eagan, MN 55121
RE: Investment Custody Agreement
Dear Gene:
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
DEBRA E. SCHMIDT
I am responding to your note of June 17, 1987 in respect to the
letter from First Trust Company dated December 18, 1986 and a draft
Custody Agreement attached to that letter. The following are some
reactions and comments:
1. I can appreciate that the increased requirements for reporting
that are imposed upon municipalities, makes a centralized
management service desirable if the service offers accounting
that is adequate for at least part of the reporting requirements
that are necessary to be filed. I assume that you have seen the
system being used by the bank, although I noticed that Mr. Spies
has suggested that you visit the bank to review the methods used
for reporting purposes.
2. Most of my comments are simply of a practical nature and most of
which you have already considered, including whether other
quotes and proposals were solicited from other management
institutions. I have not reviewed the issue carefully but can
only assume that this is similar to a fee consulting service and
therefore, the City Council need not solicit formal bids for the
agency relation.
3. It is also my assumption that only a portion of the City funds
and other investments will be kept at First Bank, which,
according to the agreement, is an independent third party, and
an agent .for the City. In that respect, the agent of course,
has certain fiduciary duties, even though it states in paragraph
4 that it is not serving in a fiduciary capacity.
4. The fee schedule is controlled by paragraph 5, which of course,
can be changed from time to time and in the event that the City
is not pleased with the service, or it feels that the fee is
excessive, it of course, has a right to cancel with a 30 day
written notice. The problem at that time is that certain of the
investments and securities may be held in the name of First
Trust and would take some time to be shifted to another
management account. 37
a
Gene VanOverbeke
June 25, 1987
Page 2
5. Paragraph 2.b. indicates that there will be only a single
account, but presumably that is for a specific purpose and other
types of investments and securities of course would be held
independently.
6. The same paragraph 2.b. also indicates that the account
statements will be made, not less frequently than once every
three months, but it would appear logical that the City would
request statements, perhaps at least monthly, which should
include the rate of return, including interest, on the accounts
being held.
7. Paragraph 2.f. indicates that all cash and all checks and drafts
will be held in a general deposit and that the bank has no
obligation to pay interest on such general deposit. It was my
understanding that the purpose of the deposit is that the bank
would offer an interest-bearing account, even on a daily basis,
and if so, that sentence should be changed.
8. As to paragraph 3.e., it would seem desirable that the City
should give consent to the bank, if it intends to consult with
experts, advisers and legal counsel, rather than to give the
bank the open ended right to do so on its own.
9. The word "insure" in paragraph 9, should be "inure" which is
simply a typo.
10. I assume that you have checked the track record of First Trust
as a manager for funds and securities for other municipal bodies
and presumably, the bank has a record of the rate of return that
it has received for comparable kinds of investment services.
One advantage, of course, of this type of service is that it is easy
to back out of it if the City is not satisfied with the service.
PHH:ras
fVery truly yours,
/ .7
/HAUGS, EIDE & K ER, P.A.
-az
" Paul H. Hauge
Agenda Information Memo,
July 7, 1987
RECORDS RETENTION SCHEDULE
O. Approval of Records Retention Schedule --The Minnesota Department
of Administration in conjunction with the League of Minnesota Cities
has developed a general records retention schedule for all cities.
This schedule lists minimum retention periods for city records based
on their administrative, fiscal, legal and historical value. The
City's Finance Director/City Clerk would like the City Council to
approve a resolution "Adopting General Records Retention Schedule."
For a copy of a memo and the resolution refer to pages through
"'
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution
entitled "Adopting General Records Retention Schedule" as presented.
3%
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: FINANCE DIRECTOR/CITY CLERK VAN OVERBEKE
DATE: JUNE 30, 1987
SUBJECT: ADOPTION OF RECORDS RETENTION SCHEDULE
Over the past few years, the Minnesota Department of
Administration, the League of Cities and a task force made up of
city officials from around the state developed a general records
retention schedule for cities. That schedule which is attached
lists minimum retention periods for city records based on their
administrative, fiscal, legal and historical value. The schedule
lists types of records common to cities and states how long to
keep them.
Adoption of a records retention schedule is not mandatory,
however, I feel that it is the appropriate first step in
improving our records management system. Even though the City
may not have all the records listed on the schedule, I am
recommending that it be adopted in total. I have also attached a
proposed resolution for City Council action.
There are a number of other issues that will need to be addressed
as we move toward implementation. My goal is to begin the
process this summer.
Please let me know if you would like any additional information
or if you would like to discuss this request in more detail.
�� 0
Finan Director/City Clerk
cc: Administrative Assistant Witt
4
EJV/jeh
Attachments
Ell
CITY OF EAGAN
RESOLUTION
ADOPTING GENERAL RECORDS RETENTION SCHEDULE
WHEREAS, Minnesota Statutes 138.17 requires the approval of the
attorney general, state auditor, and director of the Minnesota Historical
Society before any officer or agency of the state or any county, city, town,
school district, municipal subdivision or corporation, or other public
authority or political entity within the state can dispose of any governmental
records.
AND WHEREAS, the Minnesota Department of Administration and a task
force made up of city officials from around the state have developed a general
records retention schedule for cities which has been approved by the attorney
general, state auditor, and director of the Minnesota Historical Society.
AND WHEREAS, the classification of records as herein described is
included in the above mentioned Records Retention Schedule.
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does
hereby adopt the general records retention schedule as attached hereto.
BE IT FURTHER RESOLVED that a copy of this resolution be submitted
along with the Notification of Adoption of City General Retention Schedule
form to the Government Records Archivist.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CERTIFICATION
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County,
Minnesota, do hereby certify that the foregoing resolution was duly passed and
adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in
a regular meeting thereof assembled this day of , 1987.
!Z/ Finance Director/City Clerk
Agenda Information Memo,
July 7, 1987
MINNESOTA POLICE RECRUITMENT SYSTEM
P. Appointments to Minnesota Police Recruitment System --The City
has received a letter from the Minnesota Police Recruitment System,
stating that the director is Martin DesLauriers and alternate
director Jay Berthe. Since these appointments are outdated, it is
recommended by the Chief of Police that the director be the Eagan
Chief of Police and the alternate director be the Eagan City
Administrator. This allows a title rather than an individual's name
to be appointed to the Minnesota Police Recruitment System board of
directors representing the City of Eagan.
ACTION TO BE CONSIDERED ON THIS ITEM: To appoint the Chief of Police
as the director and the City Administrator as the alternate director
to serve as members of the board of directors of the Minnesota
Police Recruitment System on behalf of the City of Eagan.
T�
Agenda Information Memo,
July 7, 1987
PROJECT 513 RECEIVE PETITION ORDER FEASIBILITY REPORT
(BRITANNY 10TH ADDITION - TRUNK WATER MAIN)
Q. Project 513, Receive Petition/Order Feasibility Report
(Britanny 10th Addition - Trunk Water Main --The staff has
received a petition from Tollefson Builders, Inc. requesting the
preparation of a feasibility report for the installation of a 16"
trunk water main through the Britanny 10th Addition to its
connection with the existing trunk water main in the Hillcrest
Addition in compliance with the condition of the preliminary plat
approval. All costs have been guaranteed if the project is not
approved at the time of the public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition
and authorize the feasibility report for Project 513 (Britanny
10th Addition - trunk water main).
JA;Z
Agenda Information Memo,
July 7, 1987
PROJECT 504, RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING
R. Project 504, Receive Feasibility Report/Order Public Hearing
(Whispering Woods 2nd Addition - Storm Sewer) --In response to a
petition submitted by the developer of the Whispering Woods 2nd
Addition, the Council authorized the preparation of a feasibility
report for the installation of the storm sewer system along Storland
Road. This feasiblity report has now been completed and is being
presented to the Council in consideration of scheduling a formal
public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility
report for Project 504 (Whispering Woods 2nd Addition - Storm Sewer)
and schedule a public hearing to be held on August 4, 1987.
PROJECT 450, RECEIVE FINAL ASSESSMENT ROLL/ORDER-PUBLIC HEARING
S. Project 450, Receive Final Assessment Roll/Order Public Hearing
(Williams and LaRue Addition - Utilities) --The installation of
sanitary sewer to service the Williams and LaRue Addition has now
been completed, final costs tabulated and the final assessment roll
prepared. This roll is now being presented to the Council for their
consideration of scheduling a formal public hearing to discuss these
proposed final assessments.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final
assessment roll for Project 450 (Williams and LaRue Addition -
Utilities) and schedule the final assessment hearing to be held on
August 4, 1987.
PROJECT__464, RECEIVE FINAL ASSESSMENT ROLL/ORDER PUBLIC HEARING
T. Project 464, Receive Final Assessment Roll/Order Public Hearing
(Wyndham Corporate Center - Streets and ,Utilities) --All costs
associated with the installation of streets and utilities to service
the Wyndham Corporate Center and adjacent properties have now been
completed, final costs tabulated and the preparation of the final
assessment roll completed. This roll is now being presented to the
Council in consideration of scheduling a formal public hearing to
discuss these final costs.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final
assessment roll for Project 464 (Wyndham Corporate Center - Streets
and Utilities) and schedule the final assessment hearing to be held
on August 4, 1987.
4
Agenda Information Memo,
July 7, 1987
PROJECT 487 BRAUN COURT STREETS AND STORM SEWER
A. Project 487, Braun Court - Streets and Storm Sewer --On June 2,
the Council received the revised feasibility report for the
installation of Braun Court and related storm sewer facilities and
scheduled a public hearing to be held on July 7. All notices have
been published in the legal newspaper and sent to all affected
Mprgperty owners in orming of this public hearing. Enclosed on pages
_ through 115S is a copy of the feasibility report for the
Council's information and review during this public hearing.
There have been several collective and individual neighborhood
meetings with the affected major property owners and the revised
feasibility report represents the consensus of agreement of both
Braun families. However, there may be objections from Henry Braun
regarding the method of assessing a portion of the storm sewer
costs.
The staff firmly believes that no further neighborhood meetings will
help to resolve any disagreements or objections to the proposed
feasibility report and strongly encourage the Council to approve the
report as presented or amend it accordingly if the project is to be
approved.
The consulting engineer responsible for the report preparation will
discusss the project in detail and answer any questions that may
arise.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and approve/modify/deny Project 487 (Braun Court - Streets and
Storm Sewer) and, if approved, authorize the preparation of detail
plans and specifications.
�y
REPORT
f
l' 0 R
BRAUN COURT
STREET IMPROVEMENTS
PROJECT No. 487R
EAGAN, MINNESOTA
FILE NO.49408
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
ENGINEERS & ARCHITECTS
ST. PAUL, MINNESOTA
m
Bonestroo, Rosene, Anderlik & Associates, Inc.
■
2335 W. Trunk Highway 36 Engineers & Architects
St. Paul, MN 55113
612.636.4600
May 22, 1987
Honorable Mayor and City Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Braun Court
Street Improvements
Project No. 487R
Our File No. 49408
Dear Mayor and Council:
Otto G. Bonestrou, P.E.
Robert W. Rosette, P.E.
Joseph C. Anderlik, P.E.
Bradford A. Lemberg, P.E.
Richard E. Turner,P.E.
James C. Olson, P. E.
Glenn R. Cook, P.£.
Keith A Gordon. P.1:
-/.) o ui L, Noyes. 11.1:.
Richard W. Foster, P.E.
Robert G.Schunecht. P.E.
Marvin L. Survala, P.E.
Donald C. Burgardt. P.E.
Jerry A. Bourdon, P.E.
Murk A. Hanson, P.E.
Ted K. Field, P.E.
Michael Z Ruuunann, P.E.
Robert N. PJrJJerle, P.E.
David O. L-kota, P.E.
Thomas W Peterson, P.E.
Michael C. Lynch, P.E.
Karen L. Willis, P.E.
James R. Ataland, P.E.
Kenneth P. Anderson, P.E.
Keith A. Bachmann. P.E.
Mark R. Rolls, P.E.
Robert C. Russek, A./,A.
Thomas E. Angus, P.E.
Scwr L. Young, P.E.
Charles A. Erickson
Leo AL. Puivelsky
Harlon M. Olson
Susan U. £berlin
Attached is our revised preliminary report for the subject project. The re—
port addresses revisions to the proposed method of assessment and construction
items as requested by the property owners.
We would be pleased to meet with the council and other interested parties at a
mutually convenient time to discuss any aspect of this report.
Yours very truly,
BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC.
i
Thomas E. Angus
TEA: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 o S ate of Minnesota.
Thomas E. Ang
Date: May 22, 1987 Reg. No. 12393
Approved by:
"t-164
Department of Pub is Works
Date: 6 —k —if 7
3990e
L�7
SCOPE: This project provides for the construction of a new street, Braun
Court, along the north side of Braun Sunrise Addition and west from Drexel
Court. The proposed improvement would include grading and construction of a
cul-de-sac to City of Eagan residential street standards with concrete curb
and gutter and bituminous paving.
The preliminary report for Braun Court, Project No. 487 was presented to
the City Council at their January 20, 1987 council meeting. The public hear-
ing was held February 17, 1987 and continued at that time to March 17, 1987 at
which time it was continued again to allow staff time to meet with affected
owners to further evaluate their concerns relative to method of assessment of
storm sewer and street improvements. As result of these additional meetings,
this revised preliminary report was prepared for the Council's consideration.
FEASIBILITY AND RECOMMENDATION: The project is feasible from an engineering
standpoint and is in accordance with the Master Street Plan for the City of
Eagan.
DISCUSSION: The area to be served by the cul-de-sac has access to Pilot Knob
Road from a private driveway. Because of the proposed improvements to Pilot
Knob Road, it has become desirable to limit access to Pilot Knob Road and pro-
vide a new access to Drexel Court from the area.
For this project, it is proposed to construct Braun Court to a 28' wide
bituminous street and a 40' radius cul-de-sac with concrete curb and gutter.
As part of the project, it is proposed to provide five additional sanitary
sewer and water services to areas abutting the cul-de-sac for future lot de-
velopment. Storm sewer is also proposed to provide drainage from both the
cul-de-sac and a low area south of the cul-de-sac.
3990e Page 1.
Borrow material will not be required for the project to complete the grad-
ing of the street assuming 3:1 slopes are maintained from the property lines
in cut areas.
EASEMENTS: A drainage and utility easement exists over the north 30' of Braun
Sunrise Addition. Street right-of-way over the same 30' adjacent to Lot 2,
Block 1, and a 55' diameter half cul-de-sac along with 25' half right-of-way
west of Lot 2, Block 1 is proposed to be acquired from Lot 1, Block 1 of Braun
Sunrise Addition. It is proposed to acquire a 25' street right-of-way and a
55' diameter half cul-de-sac over Parcel 010-52 of the SW 1/4 of Section 15.
Permanent drainage and utility easements will need to be acquired for the
storm sewer. Temporary construction easements will be required for construc-
tion of slopes, services and storm sewer. The estimated amount of right-of-
way and easements required from each parcel is listed below:
Parcel
Description
BRAUN SUNRISE ADDITION
Lot 1, Block 1
SW 1/4, SECTION 15
Parcel 010-52
TOTAL...............
Drainage & Util.
Right -of -Way Easement
(Acres) (Acres)
0.30
0.30
0.60
0.01
0.03
0.04
Temporary
Construction
Easement
(Acres)
0.02
0.30
0.32
COST ESTIMATE: A detailed cost estimate is presented in Appendix A located at
the back of this report and is summarized below:
Street
Services
$36,030
9,040
Storm Sewer 8,190
TOTAL .................. $53,260
Page 2.
3990e
T
The total estimated project cost, $53,260, includes contingencies and all
related overhead but no easement acquisition costs. Overhead costs are esti-
mated at 30% and include legal, engineering, administration and bond interest.
ASSESSMENTS: Assessments are proposed to be levied against the benefited
properties. A preliminary assessment roll is included in Appendix B located
at the back of this report. All costs will be revised based on final costs.
The assessments will be spread over a period of 15 years. The interest rate
will be based upon the bond sale necessary to finance this public improvement.
AREA TO BE INCLUDED:
Construction Area
BRAUN SUNRISE ADDITION
Lot 1, Block 1
Lot 2, Block 1
SW 1/4, SECTION 15
Parcel 010-52
Assessment Area
BRAUN SUNRISE ADDITION
Lot 1, Block 1
Lot 2, Block 1
SW 1/4, SECTION 15
Parcel 010-52
Parcel 030-52
SW 1/4, SECTION 16
Parcel 040-79
DREXEL HEIGHTS ADDITION
Lot 1, Block 1
STREET: It is proposed to assess the street costs equally on a lot equivalent
basis for six potential lots. The number of lot equivalents is ;based on ac-
cess to the proposed cul-de-sac and number of buildable lots as determined by
adjacent property owners.
STORM SEWER: Based on a meeting with property owners along Braun Court, it
was agreed to assess 50% of the storm sewer in the same manner as the assess-
ments for the street. The remaining storm sewer cost is proposed to be as-
sessed on an area basis against the drainage area that contributes to the low
Page 3.
3990e
-'0
area within Braun Sunrise Addition, Lot 1, Block 1. It is proposed to provide
an outlet for this low area to Fish Lake by extending storm sewer south from
the cul-de-sac.
SERVICES: It is proposed to assess the service costs equally on a per lot
basis to the existing parcels incorporating the benefiting proposed lots. The
number of services is based on the number of lots that are proposed to be de-
veloped by adjacent property owners.
REVENUE SOURCES: Revenue sources to cover the cost of this project are esti-
mated to be as follows:
STREET Project Cost Revenue Balance
Street $36,030
Assessment $36,030
$36,030 $36,030 - 0 -
SERVICES
Services $ 9,040
Assessment $9,040
$ 9,040 $ 9,040 - 0 -
STORM SEWER
Storm Sewer $ 8,190
Assessment $ 8,190
$ 8,190 $ 8,190
All costs for this project are proposed to be assessed, therefore, there
is no financing required from the City.
Page 4.
3990e
REVISED PROJECT SCHEDULE
Present "Revised" 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 5.
3990e
June 2, 1987
July 7, 1987
July 21, 1987
August 18, 1987
October 15, 1987
Winter, 1988
May, 1989
13
APPENDIX A
REVISED PRELIMINARY COST ESTIMATE
BRAUN COURT
STREET IMPROVEMENT
PROJECT NO. 487R
A. STREETS
LUMP
SUM
Clear and grub @ $1,000.00/L.S.
$ 1,000
LUMP
SUM
Remove 18" apron & seal 18" RCP/L.S.
300
1,500
Cu.yds.
Common excavating @ $2.50/cu.yd.
3,750
50
Cu.yds.
Subgrade correction @ $5.00/cu.yd.
250
50
Cu.yds.
Aggregate backfill @ $7.00/cu.yd.
350
50
Lin.ft.
Curb & gutter removal @ $2.00/lin.ft.
100
710
Ton
Class 5, 100% crushed aggregate base @ $7.00/ton
4,970
40
Ton
Class 5, 100% Crushed aggregate (driveway) @ $7.00/ton
280
145
Ton
Bituminous base course @ $13.50/ton
1,958
145
Ton
Bituminous wear course @ $15.50/ton
2,250
7
Ton
Bituminous wear course (driveway) @ $17.00/ton
119
18
Ton
Bituminous material for mixture @ $150.00/ton
2,700
80
Gals.
Bituminous material for tack coat @ $1.50/gal.
120
1,000
Lin.ft.
Surmountable concrete curb & gutter @ $5.00/lin.ft.
5,000
3
Each
Manhole Adjustment @ $200.00/each
600
1
Each
Gate valve adjustment @ $100.00/each
100
900
Sq.yds.
Sodding @ $2.00/sq.yd.
1,800
0.5
Acre
Seed w/fertilizer & mulch @ $1,500.00/Ac.
750
Total
$26,397
+5% Contingencies
1,320
$27,717
+30% Legal, Engrng., Admin. & Bond Interest
8,313
TOTAL STREETS ......................................
$36,030
Page 6.
3990e
S3
B. SERVICES
5
Each
Connect to existing sewer @ $300.00/each
$ 1,500
30
Lin.ft.
4" PVC Risers @ $12.00/lin.ft.
360
210
Lin.ft.
4" PVC Sewer service @ $7.00/lin.ft.
1,470
230
Lin.ft.
1" Copper water service @ $8.00/lin.ft.
1,840
5
Each
1" Corporation stop @ $150.00/each
750
5
Each
1" Curb stop @ $75.00/each
375
10
Cu.yds.
Improved pipe foundation @ $10.00/cu.yd.
100
230
Lin.ft.
Mechanical trench compaction @ $1.00/lin.ft.
230
Total
$ 6,625
+5% Contingencies
331
$ 6,956
+30% Legal, Engrng., Admin. & Bond Interest
2,084
TOTALSERVICES ..................................... $ 9,040
C. STORM SEWER
200 Lin.ft. 12" RCP storm sewer @ $19.00/lin.ft. $ 3,800
2 Each 12" RCP apron w/T.G. @ $500.00/ea. 10000
1 Each Std. CBMH w/cstg. @ $1,000.00/ea. 1,000
200 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 200
Total $ 61000
+5% Contingencies 300
$ 6,300
+30% Legal, Engrng., Admin. & Bond Interest 1,890
TOTALSTORM SEWER ................. v ...... ......... $ 8,190
Page 7.
3990e jy
APPENDIX B
REVISED PRELIMINARY ASSESSMENT ROLL
BRAUN COURT
STREET IMPROVEMENT
PROJECT NO. 487R
A. STREET
Parcel
Lot Equiv.
Assessment
Total
Description
(L.E.)
Rate/L.E.
Assessment
BRAUN SUNRISE ADDITION
Parcel 010-52
4
Lot 1, Block 1
2
$6,005
$12,010
Lot 2, Block 1
1
6,005
6,005
SW 1/4, SECTION 15
Parcel 010-52
3
$6,005
$18,015
TOTALS .....................
6
$36,030
B. SERVICES
BRAUN SUNRISE ADDITION
Lot 1, Block 1
1
$1,808
$
1,808
SW 1/4, SECTION 15
Parcel 010-52
4
$1,808
$
7,232
TOTALS ....................... 5
$
9,040
C. STORM SEWER
a. Assessments based on
lot equivalents (50%
of storm sewer
project cost).
BRAUN SUNRISE ADDITION
Lot 1, Block 1�
2
$ 683
$
1,365
Lot 2, Block 1
1
683
683
SW 1/4, SECTION 15
Parcel 010-52
3
$ 683
$
2,047
TOTALS ......................
6
$
4,095
Page 8.
3990e
b. Assessments based on drainage area (50% of storm sewer project costs).
Parcel
Area
Assessment
Description
(Sq.ft.)
Rate/Sq.ft.
BRAUN SUNRISE ADDITION
Lot 1, Block 1
70,110
$0.041
DREXEL HEIGHTS ADDITION
Lot 1, Block 1
4,435
$0.041
SE 1/4, SECTION 16
Parcel 040-79
5,790
$0.041
SW 1/4, SECTION 15
Parcel 030-52
20,205
$0.041
TOTALS ......................
100,540
0
Page 9.
3990e 4
Total
$ 2,855
$ 181
$ 236
823
$ 4,095
REVISED SUMMARY ASSESSMENT ROLL
BRAUN COURT
STREET IMPROVEMENT
PROJECT NO. 487R
Parcel
Description Street
BRAUN SUNRISE ADDITION
Storm Sewer
Services Lot Equiv. Area
Lot 1, Block 1
$1231010
$
1,808
Lot 2, Block 1
6,005
DREXEL HEIGHTS ADDITION
Lot 1, Block 1
SW 1/4, SECTION 15
Parcel 010-52
$18,015
$
7,232
Parcel 030-52
SE 1/41, SECTION 16
Parcel 040-79
TOTALS .........
$36,030
$
9,040
3990e
Page 10.
7
$10365 $ 2,855
683
$ 181
$2,047
$ 823
$ 236
$4,095 $ 4,095
Total
Assessment
$18,038
6,688
$ 181
$27,294
823
$ 236
$53,260
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SCALE IN FEET
BRAUN COURT
STREET IMPROVEMENT
PROJECT 487
EAGAN, MINNESOTA 5Y
NA
h
BONESTROO. ROSENE. ANDERLIK
& ASSOCIATES. INC.
Consulting Engineers & Architects
St. Paul, Minnesota
Date:Jan..1987
Comm. 4 9 4 0 8 11 Fig. No. 1
Agenda Information Memo,
July 7, 1987
PROJECT 496, BRITTANY 10TH ADDITION/STORM SEWER
B. Project 496, Brittany 10th Addition - Storm Sewer --On June 2,
the Council received the feasibility report for the installation of
trunk storm sewer facilities within the Brittany 10th Addition and
scheduled a public hearing to be held on July 7. All notices have
been published in the legal newspaper and sent to all property
owners proposed to be assessed under this project. Enclosed on
pages 1,6 through is a copy of the feasibility report for the
Council's information and review during this public hearing. The
consulting. engineer will discuss in detail the proposed improvements
and answer any questions that may arise.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and approve/deny Project 496 (Brittany 10th Addition - Storm Sewer).
6�
FOR.
BRITTANY 10th ADDITI®N
(POND LP -6 and POND LP -57 OUTLET)
CITY PROJECT No. 496
EAGAN, MINNESOTA
1957 t
FILE Na 49415
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
ENGINEERS & ARCHITECTS
ST. PAUL, MINNESOTA
Bonestroo, Rosene, Anderlik & Associates, Inc.
O
2335 W. Trunk Highway 36
St. Paul, MN 55113
612.636.4600
June 2, 1987
Engineers & Architects
Honorable Mayor and City Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Re: Brittany 10th Addition
Trunk Storm Sewer Improvements
Project No. 496
File No. 49415
Dear Mayor and Council:
Ono G. Bonestruo, P.E.
Robert W. Rosene. P.E.
Joseph C. Anderlik, P.E.
Bradford A. Lemberg, P.E.
Richard E. Turner. P.E.
James C.Ohon, P.E.
Glenn R. Cook, P.E.
Aeith A. Gordon. P. ti.
7'humus E. Noyes. P.1�.
Riuhurd W. Foster. P.E.
Robert G. Schumcht. P.E.
Marvin L. Survalu, P.E.
Donald C. Burgardt. P.E.
Jerry A. Bourdon, P.E.
Mark A. Hanson, P.E.
Ted K. Field, P.E.
Michael T. Ruutmmm, P.E.
Robert R. PJcyJerlr, P.E.
Ouvid O. Luskolu, P.L•'.
Thomas W. Peterson, P.L.
Michael C. Lynch, P. E.
Karen L. Willis, P.E.
James R. Maland, P.E.
Kenneth P. Anderson, P.E.
Keith A. Bachatann, P.E.
Murk R. Roljs. P.E.
Robert C. Russek, A.I.A.
Thomas E. Angus, P.E.
Scutt L. Young, Y.S.
Charles A. Erickson
Leu M. Puwelsky
Hurlun M. Olson
Susan U. Eberlin
Enclosed is our report for Brittany 10th Addition, Project No. 496. This re-
port covers storm sewer improvements and includes 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 aspect of this report.
Yours very truly,
BONESTROO, ROSF E, ANDERLIK & ASSOCIATES, INC.
�1
Mar. 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 tho St o' Minnesota.
Mark A. Hanson
Date:. June 2, 1987 T Reg, No. 14260
Approved by: _,/'4t_
Department of Public Works
Date: � _i YJ f
4166e
SCOPE: This project provides for the construction of storm sewer outlets for
Ponds LP -6 and LP -57. Pond LP -6 and a portion of LP -57 are located to the
north of Brittany 10th Addition while the western portion of Pond LP -57 is lo-
cated within Beacon Hills.
The outlet for these ponds are being required as part of the development
of Brittany 10th Addition. The required easements will be provided with the
platting of Brittany 10th Addition.
FEASIBILITY AND RECOMMENDATIONS: The project is feasible from an engineering
standpoint and is in accordance with the Master Storm Sewer Plan. The project
can best be carried out as one contract.
DISCUSSION: Pond LP -57 receives runoff from Beacon Hills. The Comprehensive
Storm Plan provides for a gravity storm sewer outlet from Pond LP -57 to Pond
LP -6. However, because an easement could not be acquired as part of the Bea-
con Hills development to construct the gravity outlet from Pond LP -57 to LP -6,
a temporary lift station was constructed in Pond LP -57. The temporary lift
station discharges through a force main into the open ditch of Cliff Road
which in turn drains to Thomas Lake. With the development of Brittany 10th
Addition, the gravity outlet for Pond LP -57 to LP -6 is required and will be
located to conform with the property lines of a potential future development.
The temporary lift station and force main will then be abandoned: The outlet
for Pond LP -6 requires a lift station and force main discharging into an ex-
isting 8" force main in Walden Heights which ultimately discharges into Thomas
Lake. Similar to the gravity storm sewer between Pond LP -57 to LP -6, the lift
station and force main will also be located to conform to property lines of a
potential future development. Specific design considerations for Pond LP -57
and LP -6 are listed below:
Page 1.
4166e
Comp.
Plan Proposed
Storage Storage
(ac.ft.) (ac.ft.)
99.9 104.5
10.9 6.3
Comp.
Plan Proposed
Outflow Outflow
(cfs) (cfs)
3.0 3.0
36.3 50.0
As noted, the storage volume for Pond LP -57 is proposed to be reduced
while the outflow has been increased. The HVL for Pond LP -6 has been revised
and the storage volume increased to conform with the proposed grading of the
future Brittany Additions and to accommodate the reduced storage in Pond
LP -57. The outflow for Pond LP -6 has remained the same.
EASEMENTS: The required easements for ponding, utilities, and access drive
will be dedicated as part of the Brittany 10th Addition.
AREA TO BE INCLUDED:
ASSESSMENT AND CONSTRUCTION AREA
NE 1/4. SECTION 33
Parcel 040-03
SE 1/4, SECTION 33
Parcel 011-76
COST ESTIMATE: A detailed cost estimate is presented in Appendix A located at
the back of this report. The total estimated project cost is $213,090, which
includes contingencies and all related overhead but does not include any costs
associated with easement acquisition. Overhead costs are estimated at 30 per-
cent and include legal, engineering, administration and bond interest.
ASESSMENTS: Assessments are proposed to be levied against the benefited prop-
erty. A preliminary assessment roll is included at the back of this report in
Appendix B. These assessments will be spread over 15 years at a rate of in-
terest based upon the bond sale financing this project.
Page 2.
416 6e 63
Comp.
Pro-
Comp.
Pro -
Pond
Plan
posed
Plan
posed
Description
NWL
NWL
HWL
HWL
Pond LP -6
892.0
887.0
907.1
910.5
Pond LP -57
911.0
911.0
918.0
918.0
Comp.
Plan Proposed
Storage Storage
(ac.ft.) (ac.ft.)
99.9 104.5
10.9 6.3
Comp.
Plan Proposed
Outflow Outflow
(cfs) (cfs)
3.0 3.0
36.3 50.0
As noted, the storage volume for Pond LP -57 is proposed to be reduced
while the outflow has been increased. The HVL for Pond LP -6 has been revised
and the storage volume increased to conform with the proposed grading of the
future Brittany Additions and to accommodate the reduced storage in Pond
LP -57. The outflow for Pond LP -6 has remained the same.
EASEMENTS: The required easements for ponding, utilities, and access drive
will be dedicated as part of the Brittany 10th Addition.
AREA TO BE INCLUDED:
ASSESSMENT AND CONSTRUCTION AREA
NE 1/4. SECTION 33
Parcel 040-03
SE 1/4, SECTION 33
Parcel 011-76
COST ESTIMATE: A detailed cost estimate is presented in Appendix A located at
the back of this report. The total estimated project cost is $213,090, which
includes contingencies and all related overhead but does not include any costs
associated with easement acquisition. Overhead costs are estimated at 30 per-
cent and include legal, engineering, administration and bond interest.
ASESSMENTS: Assessments are proposed to be levied against the benefited prop-
erty. A preliminary assessment roll is included at the back of this report in
Appendix B. These assessments will be spread over 15 years at a rate of in-
terest based upon the bond sale financing this project.
Page 2.
416 6e 63
Trunk area storm sewer is proposed to be assessed to those areas which
benefit from this project but have not been previously assessed. Storm sewer
being constructed for this project is considered trunk except for the portion
between Pond LP -57 to LP -6. Specifically, the line from the first manhole to
Pond LP -6, will accommodate runoff from future land development and street im-
provements. A 15" lateral benefit equivalent will be assessed at the time of
development of Parcel 040-03.
REVENUE: Revenue sources to cover the cost of this project are as follows:
Project Cost Revenue Balance
Trunk $213,090
Trunk Assessment $257,404
$213,090 $257,404 +$55,244
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 3.
4166e
June 2, 1987
July 7, 1987
E
Spring/Summer 1988
May, 1989
APPENDIX A
PRELIMINARY COST ESTIMATE
BRITTANY 10TH ADDITION
(POND LP -6 AND LP -57 OUTLET)
TRUNK STORM SEWER IMPROVEMENTS
PROJECT NO. 496
LUMP
SUM
Remove berm and reshape east end of Pond LP -57 @ LS
$ 5,000
LUMP
SUM
Remove existing Lift Station @ LS
1,000
50
Lin.ft.
42" RCP Storm sewer in pl. @ $50.00/lin,ft.
2,500
470
Lin.ft.
,30" RCP Storm sewer in pl. @ $42.00/lin.ft.
19,740
2
Each
Std. 4' dia. MH w/casting @ $1,200.00/ea.
2,400
420
Lin.ft.
14" DIP inlet piping @ $28.00/lin.ft.
11,760
820
Lin.ft.
12" DIP force main @ $22.00/lin.ft.
18,040
LUMP
SUM
Submersible lift station @ $80,000.00/L.S.
80,000
1
Each
42" RCP flared end @ $2,000.00/ea.
2,000
1
Each
30" RCP flared end @ $1,500.00/ea.
1,500
12
Cu.yds.
Rip rap @ $100.00/cu.yd.
1,200
1
Each
Connect 8" DIP to existing 8" DIP @ $200.00/ea.
200'
LUMP
SUM
Access drive @ $3,000.00/L.S.
3,000
4.0
Acre
Seed w/mulch & fertilizer @ $1,500.._00/ac.
63,000
1,760
Lin.ft.
Mechanical trench compaction @ $1.00/lin.ft.
1,760
Total
$156,100
+5% Contingencies
7,810
$163,910
+30% Legal, Engrng., Admin. & Bond Interest
49,180
TOTAL .............................................
$213,090
Page 4.
4166e
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
BRITTANY 10TH ADDITION
(POND LP -6 AND LP -57 OUTLET)
TRUNK STORM SEWER IMPROVEMENTS
PROJECT NO. 496
TRUNK STORM SEWER
Assessable
Parcel
Area
Credit
Area
Total
DescriEtion
(sq.ft.)
(sq -ft.)
(sq.ft.)
Cost/sq.ft. Assessment
NE 1/4,
SECTION.33
Parcel
040-03
6,042,680
Pond 405,110
4,510,060
$0.053 $239,033
Street 20%
SE 1/4,
SECTION 33
Parcel
011-76
433,290
Street 20%
346,630
$0.053 18,371
$257,404
4
Page
5.
4166e
6
SUMMARY
PRELIMINARY ASSESSMENT ROLL
BRITTANY 10TH ADDITION
(POND LP -6 AND LP -57 OUTLET)
PROJECT N0. 496
Parcel Storm Sewer Total
Description Trunk Assessment
NE 1/4, SECTION 33
Parcel 040-03 $239,033 $255,283
SE 1/4, SECTION 33
Parcel 011-76 18,371 18,371
$257,404 $273,654
Page 6.
4166e 6
*1
Fs;
9.
CLIFF ROAD
I
1
�`-'�� ' ` -- � - ' - -I ' -- � --_`1 �► POTENTIAL
E�ISI�INC� FIORGE�MAIN, �� FUTURE
` 9
`--B.I=�B NDO NED '
+i i �_ _ DEVELOPMENT
PROPOSED
I I STORM SEWE9
----; ;-----�------I �--'tom}----I r- -�
_ i -----I i - --' PROPOSED
---I EXTSTING #RORAl-R-Y-- I OR
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---� ; BE R.EMOVM 1, i Ex. STORM
--, `, ---- ---/ �„ SEWER
f-� ---,- -% - 1
Y
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892.0
I
200' 400'
Scale in Feet
1 ; 1
r0:
I L K
ACCES
_DRIVE
PROPOSED
BRITTANY IOTH
ADDITION
BRITTANY IOTH ADDITION
TRUNK STORM SEWER IMPROVEMENTS
CITY PROJECT No. 496
EAGAN, MINNESOTA
BONESTR00, ROSENE, AHDERLlK & ASSOC., INC- DATE: JUNE 2, 1987
CONSULTING ENGINEERS COMM.: 49415 FIGURE
St. Paul, Minnesota
CLIFF ROAD
i
POND
892.0
910.5
SHIERIWOODI WAY
BOKESTROO, RMNE, ANDERUK & ASSOC,, INC.
CONSULT" EBWMERS / 1
St. t"l, mie"seta l,0
J
J
WALDEN
HEIGHTS
0 200' 400'
Scala In Foal ,
OUTLOT A
i
ASSESSMENT AREA
BRITTANY IOTH ADDITION
TRUNK STORM SEWER ASSESSMENTS
CITY PROJECT No. 496
EAGAN MINNESOTA
DATE -JUNE 2, 1987 FIGURE Z
COMM.- 49415
Agenda Information Memo,
July 7, 1987
PROJECT 480, EAGANDALE CENTER INDUSTRIAL PARK/STREET OVERLAY
C. Project 480, Eagandale Center Industrial Park, Street Overlay
(Item to be Continued) --On June 2, the Council received a
feasibility report and scheduled a public hearing to be held on July
7 to discuss the proposed street overlay within the northern
industrial park. However, notices were not able to be prepared and
distributed in a time frame that would allow the public hearing to
be held on July 7. Therefore, after a short introduction, the staff
will recommend that the Council continue this item until August 4.
ACTION TO BE CONSIDERED ON THIS ITEM: To continue the public
hearing for Project 480 (Eagandale Center Industrial Park - Street
Overlay) to August 4.
PROJECT 499, CHAPEL HILL BAPTIST CHURCH - STREETS AND STORM SEWER
D. Project 499, Chapel Hill Baptist Church - Streets and Storm
Sewer (Item to be Continued) --On June 2, the Council received the
feasibility report regarding the installation of streets and storm
sewer for Chapel Hill Baptist Church Addition and scheduled the
public hearing to be held on July 7. Due to an error in the
published legal notice for the public hearing, the City Attorney is
recommending that this hearing be continued until the July 21
meeting to allow proper renotification.
ACTION TO BE CONSIDERED ON THIS ITEM: To continue the public hearing
for Project 499 (Chapel Hill Baptist Church - Streets and Storm
Sewer) to July 21, 1987.
VACATION OF PUBLIC STREET RIGHT-OF-WAY/TECHNOLOGY CIRCLE
E. Vacation of Public Street Right -of -Way for Technology Circle --On
June 2, the Council received a petition requesting a vacation of the
Technology Circle right-of-way that was platted with the Lone Oak
lst Addition and scheduled a public hearing to be held on July 7.
Enclosed on page is a copy of the subject right-of-way. The
request for this acation is based on the proposed replatting of
this area into the Cray 1st Addition which has received preliminary
plat approval by Council action on June 16, 1987.
All notices have been published in the legal newspaper and sent to
all agencies who may be affected by this vacation. As of this date,
staff has not received any objections to this proposed action.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and approve the vacation of the Technology Circle public street
right-of-way within the Lone Oak lst Addition and authorize the
Mayor and City Clerk to execute all related documents.
rt 31
Zr•�iN — — ---
IIti4�'" 10
LAND DESCRIPTION
OF STREET TO BE VACATED
If
Technology Circle as dedicated by and delineated on LONE OAK, according to the
recorded plat thereof; Dakota County, Minnesota.
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LO E :I -OAK ROAD
Agenda Information -Memo,
July 7, 1987
PONDVIEW ADDITION/CLARIFIACTION OF RESTAURANT USE
A. Pondview Addition for Clarification of Uses for Rocky Rococo
Restaurant --The developers and owners of Lot 1, Pondview Addition
are requesting consideration by the City Council to allow that site
to be developed for a Rocky Rococo Restaurant. The Rocky Rococo
Restaurant is considered a sit down restaurant and therefore could
be classified as a Restaurant Class I, traditional restaurant. A
Restaurant Class I is defined as "an eating facility where food is
served to a customer and consumed by him while seated at a counter
or table." A Restaurant Class II, fast food, is described as the
majority of customers order food and are served their food at a
counter and then take their food to a table or counter where it is
consumed. However, a significant number may take their food outside
to eat in an automobile or off the premises. The lot size for the
Rocky Rococo Restaurant is 60,000 square feet while the building is
3,145 square feet with a seating capacity of 99. They are proposing
on-site wine and beer sales, a drive-thru service and a pylon sign.
The only action before the City Council is a clarification and
definition of use as to whether a Rocky Rococo Restaurant meets the
intended restaurant use for the Pondview Addition. If this use is
consistent, various applications will be made for development of the
restaurant once the final plat for Pondview is approved. Attached
on page is a copy of a site location and picture of a Rocky
Rococo Re taurant for City Council review.
ACTION TO BE CONSIDERED ON THIS ITEM: To provide a clarification
regarding a Rocky Rococo Restaurant on Lot 1, Pondview Addition.
[�/^Q�T•� - �. � ryF �RIC
�PANeSTYLE. P.IZZA�-..�=r.
Q
Agenda Information Memo,
July 7, 19$7
DISCUSSION REGARDING BARBECUE GRILLS MULTI -FAMILY DWELLINGS
A. Discussion Regarding Use of Barbecue Grills on Decks/Balconies
of Multi -Family Dwellings --At the June 16, 1987 City Council
meeting, the City Administrator was directed to review regulations
on barbecue grills and fire walls as a result of the Woodridge fire
with the LMC, State Fire Marshal and legislative delegation. A
review of the existing legislation with these agencies and
legislative delegation will provide the proper background to
determine whether any additional regulatory measures should be taken
by the City Council or state legislature pertaining to barbecue
grills and fire walls. The following is an account of data the City
has collected through various telephone conversations and meetings
to date regarding this issue.
A meeting was held with Representative Seaburg, attended by Ken
Southorn and Doug Reid to discuss the Woodridge fire and any
potential legislation that could minimize the potential of a similar
fire in the future. The State Fire Marshal was present for the
meeting with Representative Seaburg and is suggesting that the
legislature adopt a mass media safety and procedure campaign to
educate residents on the hazards of combustible and noncombustible
material. This would include the use and storage of charcoal
brickets. Representative Seaburg is taking the State Fire Marshal's
recommendation under advisement and will be giving further
consideration to the issue. Enclosed on page -is a memo from
Fire Chief Southorn regarding his meeting with Representative
Seaburg which explains in more detail their discussion and any
potential legislation.
Administrative Assistant Hohenstein contacted the�League of
Minnesota Cities and apparently the LMC has not taken a position to
date but would encourage the City to bring 'the issue to the League
legislative committee at its July 14 meeting, so the issue can
become a part of their agenda. Administrative Intern Bruce
Robertson has contacted several metropolitan municipalities for
copies of ordinances that regulate barbecuing on balconies. There
are a number of communities that do not have restrictions regarding
barbecuing on balconies while other communities do have restrictions
and for a sampling of ordinances from the cities of Brooklyn Park,
St. Cloud, Plymouth Champlain, St. Louis Park, New Hope and Mound,
refer to pages through Some ordinances are more
Tho restrictive than others. To e cities who have ordinances
prohibiting barbecue grills on apartment balconies report the
following:
1. Enforcement is very difficult. Actual enforcement is on a
complaint basis, instead of a fire marshal driving around
inspecting balconies for violaters.
�V
Agenda Information Memo,
July 7, 1987
2. Apartment managers are told that breaking this ordinance is
just cause to evict residents and it becomes a way to displace
problem tenants.
3. Three cities have an ordinance that any violation entails a
required court appearance and a fine up to the judge.
4. No storage of barbecue grills on apartment balconies is allowed
so a fine could result without any actual use.
5. Some communities are concerned that charcoal brickets or wood
chips can fall out of a grill onto a wooden deck or wind could
blow sparks into an apartment causing a fire which has
substantiated the need for a restrictive ordinance.
The State Fire Marshal's office reports that the Fire Marshal is
currently looking at the issue of barbecue grills on apartment
balconies for possible legislation. However, the state is also
dealing with the issue of enforcement and is considering a request
that cities develop ordinances due to the fact that it would be
impossible for the state to enforce the regulation of barbecue
grills on apartment decks. The Fire Marshal's office is expecting
proposed legislation because of the Woodridge fire.
The City has received a memo from the City Attorney's office which
addresses several issues related to barbecues on balconies or
patios. Also enclosed on page(s)4-9/ �_ for Council review is a copy
of a memo from the City Attorneys office which also summarizes the
intent of the ordinances.
Also enclosed on pages_ through__ are letters from
residents that address the issue of regulat ng charcoal grills on
apartment decks.
In summary, the City Council may want to consider a directive to the
City staff to prepare tips for safe barbecuing that could be
enclosed in the City newsletter, written in City newspapers and
prepared as a handout for all multi -dwelling units throughout the
community. On a local level this would track with the' intent of
Representative Seaburg and the State Fire Marshal. Regarding
regulatory language to consider the total restriction of barbecue
grills on apartment balconies, the City Council could request that
the League of Minnesota Cities' legislative policy committee review
statewide legislation as a part of their research beginning July 14.
The LMC will certainly work with the State Fire Marshal's office to
review any proposed legislation. Again, in summary, there are many
options for the City Council to consider which include no action, a
local blitz on safety tips for outdoor barbecuing, review of
legislation on a statewide basis using the LMC and legislative
delegation and finally, the possibility of a citywide ordinance at
this time. These are all viable alternatives and should be
discussed by the City Council.
ACTION TO BE CONSIDERED ON THIS ITEM: To provide direction to the
City Administrator regarding any further consideration on the
regulation of barbecue grills and decks/balconies of multi -family
dwellings within the community.
7J6__"
Fire Chief Southorn's memo regarding his meeting with Representative
Seaberg will be distributed with the Additional Information packet
on Monday.
13
MEMORANDUM
TO: CITY ADMINISTRATOR HEDGES
FROM: ADMINISTRATIVE ASSISTANT HOHENSTEIN
DATE: JUNE 23, 1987
SUBJECT: LMC POSITIONS ON BARBECUE GRILLS AND FIRE WALLS -
WOODRIDGE FIRE
Per our conversation, I spoke with Stan Peskar of the League of
Minnesota Cities regarding any LMC position on barbecue grills in
multifamily buildings or fire prevention features such as fire
walls in those buildings. He indicated that the League has not
taken a position to date, but that he would encourage the City to
bring the issue to the League Legislative Committee at its July
14, 1987 meeting if we would like it to become part of their
agenda.
League Research Analyst Ann Houle has forwarded copies of several
cities' ordinances to our office for our consideration. In
addition, Administrative Intern Robertson requested copies of
ordinances from several metropolitan municipalities. These are
attached for your consideration. The common features of each are
a definition of multifamily housing for purposes of the
regulation, a distance requirement if barbequing is to be
permitted on-site, definitions of prohibited fire sources and
restrictions on the storage of flammable materials.
Of the ordinances reviewed, the most comprehensive seem to be
those like Brooklyn Park's which address all of these issues.
However, the City of Edina has included a clause making it
illegal to permit barbequing or the storage of flammable
materials thereby allowing enforcement on the homeowner's
association, property owner or manager. This would have the
effect of causing building management enforce such restrictions
as a matter of policy.
Mr. Peskar stated, and I concur, that an ordinance absent support
from legislation or the state building or fire codes would be of
marginal effect. He suggested that we continue our fact finding
as it relates to the fire and correspond with the League with a
statement of our concerns and insights. I will draft such
correspondence on your behalf after further discussions with
Chief Building Official Reid and yourself. If you have any
questions in the interim, please let me know.
0�, -, �,"k r _1 L -
Administrative Assistant
v
V
5800 05th AVENUE NORTH / BROOKLYN PARI, MN. 55443 / 612-424-8000
TO: ALL APARTMENT/TOWNHOUSE/CONDOMINIUM COMPLEXES
FROM: BROOKLYN PARK FIRE DEPARTMENT
DATE: DECEMBER 23, 1986
SUBJECT: BARBECUES AND OPEN FLAME HEATERS
On July 26, 1982, the City of Brooklyn Park passed a new fire
ordinance. Several sections of the ordinance will effect apartment
buildings directly.
Section 225.110 Fires or Barbecues on Balconies or Patios.
Subd. 1. In any structure containing two or more vertically stacked
residential units, with vertical ly-stacked decks, no person shall
kindle, maintain or cause any fire or open flame on any balcony above
ground level, or on any ground floor patio immediately adjacent to or
within 15 feet of any unit.
Subd. 2. No person shal 1 store or use any fuel , barbecue,`torch or
other similar heating or lighting chemicals or devices in either of
the above places.
Subd. 3. Natural gas fired barbecue grills which are permanently
mounted, plumbed to the building's natural gas supply and maintaining
a minimum clearance of sixteen (16) inches on the sides and back of
the gri11 may be installed on balconies and patios.
E
Section 225.108 Open Flame Heaters Banned
It shall be unlawful for any owner or occupant of any structure
containing three (3) or more residential units to maintain in an
operable condition or operate within a garage, whether attached or
detached, used as an accessory use to such residential unit, the
following:
1) An open flame -type heater or stove.
2) Welding or torch cutting equipment.
3) Any other equipment utilizing an open flame.
WARNING
ANY INDIVIDUAL USING OR ALLOWING THESE DEVICES THAT CREATES, CAUSES OR
CONTRIBUTES TO ANY FIRE HAZARD, DAMAGE OR LOSS OF LIFE WILL BE PROSECUTED
AND WILL BE LIABLE FOR ANY DAMAGES.
Please convey this message to your occupants. If you have any questions,
please call the Fire Prevention Bureau at 424-8000.
Thank you for your cooperation.
BARBECUE
`- CITY OF
ST CLOUD,
MINNESOTA 56301
FIRE DEPARTMENT - TEL. 612/255-7213
May 11, 1987
SUBJECT: Barbequing on Balconies or Patios of R-1 Occupancies
City Ordinance 1123, Uniform Fire Code (1982 Edition) prohibits the use
of, or storage of any barbeque or any barbeque fuels, on R-1 occupancy
balconies or within 15 feet of any unit of an R-1 occupancy.
Section 11.117 Uniform"Fire Code (1982 Edition) - "FIRES OR BARBEQUES
ON BALCONIES OR PATIOS:
a. No person shall kindle, maintain, or cause any fire or open flame
on any R-1 occupancy balcony above ground level or ground floor
patio immediately adjacent to or within 15 feet of any unit.
b. No person shall store any fuel, barbeque, torch, or other similar
heating or lighting chemicals or device in either of the above
conditions."
Section 9.117 Uniform Fire Code (1982 Edition) - "DEFINITION OF R -I
OCCUPANCIES:
Hotels and apartment houses, convents and monasteries (each
accommodating more than 10 persons), supervised living facilities
class A-2."
Section 9.110 Uniform Fire Code (1982 Edition) - "DEFINITION OF HOTEL:
HOTEL is any building containing six or more guest rooms intended or
designed to be used, or which are used, rented or hired out to be
occupied, or which are occupied for sleeping purposes by guests."
Section 9.103 Uniform Fire Code (1982 Edition) - "DEFINITON OF APART-
MENT HOUSE:
APARTMENT HOUSE is any building, or portion thereof, which contains
three or more dwelling units."
VIOLATION OF THIS PROVISION IS A MISDEMEANOR.
Sylvester Adelman
Fire Inspector
gL/
EQUAL OPPORTUNITY EMPLOYER
ORDINANCE NO. 631
An Ordinance Prohibiting the Setting
of Fires or Calling Out the Fire
Department in Certain Cases, and
Prescribing a Penalty.
Sec. 1. Reporting Fires. No person shall willfully call out
the lire department for any fire without just cause. Every
person calling or phoning for the fire department shall give his
name and address to the person receiving such call, which shall
be recorded and turned over to the Village Clerk.
S2*- L"51 —A I
Sec. 2. �Ope lame Fire on Wooden Balcony. No person
sha l sct, kindle, maintai any fire or open flame on
any balcony of a multiple dwelling or apartment building in
any barbecue,or similar heating, burning or lighting
equipment or device, ex -t in dwellings or buildings of all
masonry construction. ' !!,
Sec. 3. Penalty. Any person violatin; any provision of this
ordin., z shall upon conviction be fined not more than 5300
or imprisoned for not more than 90 days, and shall also be
liable to pay the costs of prosecution.
ORDINANCE NO. 631—A1
02: OP,DI:: \CE AMENDING O ,DINA"NCE NO. 631 TO PR0111BIT
OPEN FL -*-%2; BA1,3ECUES UNDEK BALCONIES XND TO E.XE% PT
FL" -57 -ENCLOSED BA,i3ECGES FRO TliE P::OVISIONS OF ORDINANCE NO. 631
THE CITY COb.\CIL OF TEE CITY OF EDIVA, MINNESOTA, ORDAINS:
Section 1. Section 2 of Ordinance No. 631 is amended to read as
follows :
"No person shall set, kindle, maintain or permit any fire or open
flame on any b3lcony or inurediately under any balcony of a multiple
dwelling or apartment house in any barbecue, torch or sir-ailar heating,
burning or liE.iting equipment or device except in dwellings or build-
ings of all masonry. construction. This requirement sha 11 not restrict
the use of an electr-ical or natural (methane) gas fired barbeque
device of a design that permits complete flame enclosure when in
operation."
Sec. 2. This ordinance shall be in full force and effect upon its
passage and publication.
First Reading: February 4,' 1950
Second Reading: rebruary 25, 1980
-i Published in the Edina Sun on 31larch 5, 1980.
i ATTEST:
(sided) FLORENCE B. ilALLB7 \G
City Clerk -_
1
(signed) JAME3 Wu\ VALKENBURG
Mayor
MEMORANDUM
DATE: APRIL 30, 1981
TO: ALL FIRE DEPARTMENT PERSONNEL
FROM: TED PAULFRANZ, ASSISTANT CHIEF
SUBJECT: INTERPRETATION OF `BARBECUE ORDINANCE" No. 631-A1
The purpose and intent of this ordinance is to limit and restrict
the us'e of:
---barbecues on or immediately under balconies of multiple dwellings
or apartment buildings, (other than buildings of all -masonry
construction), and
---barbecues involving the use of L,P,G., flammable or combustible
liquids and/or charcoal briquets, and
---barbecue, lighting or torch device which permits open flames to
escape when in operation.
The ordinance is NOT intended to restrict the use of barbecues:
---in townhouses or single-family dwellings of any construction type
---in anything other than "apartment/condominium" occupancy groups
---of electrical or (methane gas) "Mi nnegasco-type" barbecues with
covers.
Fire experience with "barbecue -type" fires generally involve a
combustizle, a balcony, siding or roof, and charcoal, flammable
liquids and open flame.
TRP/ rah
'e, P. 0/,
WEST SAINT PAUL
MUNICIPAL CENTER r 1616 HUMBOLDT AVE. y WEST SAINT PAUL. MINNESOTA 55118-3972'
PHONE: 455.9671 EMERGENCY: 911
TO: Multi -family Residential Property Owners
Multi -family Residential Property Managers
Multi -family Residential Caretakers
Multi -family Residential Tenants
FROM: West Saint Paul Fire Department
Bureau of Fire Prevention
SUBJECT: Amm ended City Uniform Fire Code
BARBECUES ON BALCONIES AND PATIOS
Please find specific references to City Fire Code pertaining to the above
subject. We trust the intent and applicability is defined clearly, but
should you have any questions or need clarification, please contact our
office.
It is our desire to provide 30 days upon receipt of this letter by you to
comply with these provisions. Our recommendation would be to include this
provision within your tenant lease agreements in order to eliminate any
future misunderstandings. You may also want to consider the designation of
a specific safe location on your complex where fixed community barbeques
could be located and used by your tenants.
Section 915 - Fire Prevention
915,0i. Fire PieVeilt 1 10'e- SubdiVls"O," 1. Uri 1form'Code•Adopted.
The Uniform Fire Code, 1982 Edition, published by the International—Conference
of Building Officials, as amended by 11 MCAR 1.5101 - 1.5156, in effect -December
31, 1982, is hereby adopted by reference and is, as authorized by Minnesota
Statutes Chapter 299F, the fire prevention code of the City.* A copy of the
Uniform Code shall be marked "Official Copy" and kept available for public use
in the office of the City Clerk.
Fires or Barbecues'on Balconies or Patios
915.11, Subd. 7 Sec. 11.117
I. In any structure containing two or more vertically stacked residential
units no person shall kindle, maintain, or cause any fire or open flame on
any balcony above ground level, or on any ground floor patio immediately
adjacent to or within fifteen feet (15) of any unit.
2. No person shall store any fuel, barbeque, torch, or other similar heating
or lightingchemicals or device either of the above places.
"%A l[rT e A II, IT 11 A 1 11 1r` A • 1 P/\1 I A / �nn�.. �-. .. .. �.. .. .. _. ...
Page 2
Subject: Barbeques on Balconies and Patios
915.11, Subd. 11, Sec. 82.114
4. Use of liquefied petroleum gas on balconies or in multiple dwellings
by tenants shall be prohibited.
ARTICLE 3 - COMPLIANCE WITH ORDERS AND NOTICES
Unlawful Continuance of Fire Hazard
Sec. 3.101. Any person operating or maintaining any occupancy, premises or
vehicle subject to this code who shall permit.any fire hazard to exist on
premises under his control or -who shall fail to take immediate action to abate
a fire hazard when ordered or notified to do so by the chief or his duly authorized
representative shall be guilty of a misdemeanor. -.-
Section 115 -- Penalties
115.01. General Rule. Any person who violates a provision of this Code is
guilty of a misdemeanor and upon conviction thereof may be punished by a fine of
not more than $500 and imprisonment for a term not to exceed 90 days, or both.
Each act of violation and every day on which a violation occurs or continues is
a separate violation.
115.09. Misdemeanor Defined. For purposes of this Code, the term "misdemeanor"
means a pens offense or crime which the Council is empowered to punish with fine
or imprisonment, and a petty misdemeanor as defined -by State Law.
We encourage you to notify all tenants, caretakers or others who would be responsible
for this requirement immediately and to post this notice at your premise. Legal
effective date of this amendment to the Fire Code is June 18, 1984.
June, 1984
n
INFORMATION SERVICE Classification 5
League of Minnesota Cities1) s ,
183 University Ave E. Municipality )
St. Paul, MN 55101 Date Q -j
Subject
City of
Plymouth
ORDINANCE NO. 94-23
AN ORDINANCE RELATING TO
PUBLIC SAFETY BY AMENDING
SUBSECTION 905.19 OF THE CITY
CODE
THE CITY COUNCIL OF
PLYMOUTH DOES ORDAIN AS
FOLLOws:
i Section 1. Subsection 905.19 of the
Plymouth City Code is amended to
I read as follows:
"905.19. Fires or Barbecues on
Balconies or Patios. Subdivision 1.
In any structure containing two or
more vertically stacked residential
units no person shall kindle, main.
tain or cause any fire or open flame
on any balcony above ground level:
or, on any ground floor patio im•
mediately adjacent to or within 15
feet of any unit. Provided, however,
that any such structure which con-
tains two or more vertically stacked
units and has ground floor patios
and balconies that are constructed
of noncombustible material on at
least five of six sides, barbecues of
the permitted type may be used.
Barbecues aI the permitted type in.
clude briquette, electrical and the
I type described in subdivision 3
herein.
t Subdivision 2. No person shall store
1 or use
P66"6- L.P. fueled barbecue appli.
ances in either of the above places.
Subdivision 3. Natural gas fired
barbecue grills which are per.
manently mounted, plumbed to the
building's natural gas supply and
maintaining a minimum clearance
of sixteen (16) inches on the sides
and back of the grill may be in-
sialled on balconies and patios."
Section 2. This ordinance is effec.
tive upon passage and publication.
Adopted by the City Council the
171h day of September, 1984.
David J. Davenport
David J. Davenport, Mayor
ATTEST:
Laurie Houk
Laurie Houk, City Clerk
(Published in The Plymouth Post
September 27, 1984)
7012 6
L
INFORMATION SERVICE
League of Minnesota Cities
480 Cedar Street
Minnesota
St. Paul,
- CHAMPLI N
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ORDINANCE NO. 150
AN ORDINANCE REGULATING
OPEN FLAME FIRES.
THE CHAMPLIN CITY COUNCIL
DOESORDAIN:
19-201 Open Flame Fires and Cooking
Devices; Multiple Dwellings.
No person shall set, kindle, maintain
or permit any fire or open flame on any
balcony of a multiple dwelling or apart-
ment building of a multiple dwelling or
apartment building in any barbecue,
torch or similar heating, burning or
lighting equipment or device unless
such building be of Type 1 or Type 11
construction as defined in the Min-
nesota State Building Code.
19.202 Definitions.
A. "Cooking device" as used in this
section means any*arbecue, rotisserie,
roaster, oven or similar equipment
used in food preparation. .
B. "Open flame fire" as used In this
section means any burning of fuel, and
includes any torch, flare, decorative
light, fondue or other heating, burning,
or lighting equipment or device having
an open flame.
C. "Multiple dwelling" as used in this
section means any residential structure
other than a single-family family dwell-
ing, including a hotel or motel, and In-
cluding Type 1 and Type 11 construc-
tion.
19-203 Prohibition.
No person shall use, maintain, store
or permit any cooking device or light,
set or kindle any open flame fire on any
balcony, platform, patio or deck exten-
sion of a multiple dwelling of•two (2) or
more stories including apartment
building or hotel/motel.
19-204 Penalty
Any person violating any provision of
this Ordinance shall be guilty of a mis-
demeanor and upon conviction thereof
shall be punished by a fine of not more
than five hundred dollars (6500.00) or
shall be imprisoned for a period of time
not to exceed ninety (90) days, or both,
plus the costs of prosecution In either
case.
19-205 Separability.
Should any section, subdivision,
clause or other provision of this Or-
dinance be declared by a court of com-
petent jurisdiction to be invalid, such
decision shall not effect the validity of
the Ordinance as a whole or of any part
thereof other than the part so declared
to be invalid.
This Ordinance shall be In full force
and effect from and after its adoption
end publication as required by laity. .
Passed by the Champlin City Council
this 23rd day of August, 1983.
---deletion
--�addition
Dale F. Winch, Mayor
ATTEST:
Doris A. Kemp, City Clerk -Treasurer
Published In the Champlin' Dayton
Press Thursday, Sept. 1, 1983.
Classification No. Zz5
Municipality 44&,EISL�P�
Date AUGQSz3,:1 �3
Subject W --L. R� s
INFORMATION SERVICE
Classification No.�
League of Minnesota Cities
Municipality. �a..
480 Cedar Street
, _
St. Paul, Minnesota 55101
Date_ 77
Subject '
(Official Publication
ORDINANCE NO. law /
AN ORDINANCE PROHIBITING '
OPEN FLAME FIRES AND COOK-
ING DEVICES IN MULTIPLE
DWELLINGS: AMENDING SEC-
TION g -III OF THE ST. LOUIS
PARI: ORDINANCE CODE
THE CITY COUNCIL OF ST. '
LOUIS PARK DOES ORDAIN:
Sec. (.,Section 9-210 of the Sl. Louis
Park Ordinance Code 1k ;mended to
read:
Open Flame Flrea
• Section 9-210. Open Flame Fires
and Cooking Devices; Multiple Dwel. ..
lines. No person shall set, kindle,',-'_
maintain or permit any fire or op
flame on any bacony of a multiple '
dwelling or apartment building in any
`
barbecue, torch orsimilar heating,
burning or lighting equipment or de-
vice unless such building be of 7ypi I
or Type D construction as defined In
the Uniform Building Code adopted `
by Section 5:109 of the St. Louis Park i
Ordinance Code.'
(1) Definitions.
(a) "Cooking device" as used
in this section means any barbe..
que, rotisserie, roaster, oven or'. .
similar equipment used in Jood
preparation.
(b) "Open flame Cue" a used
in this section means any turning
Of fuel, and includes any torch,'.:•
flare, decorative light, fondue or -
other beating, burn- or or ilght-
log equipment or devke paving ..
an open flame•
(c) "Multiple dwelling" as
used in this section means any re- - 1
sidential structure other,thao a f
single-family dwelling, locluding J
a hotel or motel, and including
Type I and Type 11 construction.
(2) Prohibition. No person shall I
use, maintain, store or permit any
crooking device or light, set or kindle 1
any Open flame Eire on any balcony,
platform, patio or deck extension of a
multiple dwelling of two or more i
stories including apartment buikiing
or hoteUmotel.
Ordinance No. IM, amender Sea
tion 8-210, adopted August 15, l9Tl. •"
Section 9-211: Fire Rasards is f
Places of Public Assembly. No room
or other place of public assembly
'
shall be decorated with paper or other
combustible materials unless Much
materials have been rendered arep. ,
roof.
Sec. !. Penalty, Any raon violat-
ing the provisions of this ordinance
Shall be punished by a fine of not
more than $M. by imprisonment not
to exceed 90 days, or both.
Sec. 2. Effective Date. This o dl- t
nance shall take effect 15 days otter ; i
Its publication.
Adopted by the City Council August
I5, 1977.
(a) IRVING M. STERN f:
Mayor
Attest:
(a) EARL E. RANSON
r
City Clerk '. •i
Reviewed for administration:
(s) DAVID
RUDBEiW
Acting an, MSW ...P ,... }
Approved as to form
G. ,t"� •� 'iv �r
(a)WAYNEO.POPHAkt •.,� "'t•t+..'(
City Attorney .r .r.• 11
'
(Aug. 111, 1977)—SIP.GV
INFORMATION SERVICE OF Municipal
Reference Bureau and League of
Minnesota Municipalities, 314 Social
Sciences Building, University of
Minnesota, Minneapolis, Minnesota 55455
RRINANCE NO. N•Td q 't
f AN.155 6 SECT1Oti � ,
17 O THE WZ 6E CODE
'RELAUNG=TO CERTAIN O►EWFLAM4
I FIRES iH tAULTIFLE 11WELLIN" • .' I
f1 vilbge of New Hope
{. The Village Council of tllevulap
New Hope ordains:
:Section 1.'thapter t2 of)Q1-
ge Code Ui V
hereby amended d-
%tng thereto•nc ection 12A5to d I
!s follows- i
!112.15 Open lames on Apart
Balcony. y
No person sball•*indla;
maYltatn or pl!rmk y 1ltidrrpea..�
flame on atblpcont abovi /qon1
level of 3' multiple Qielflak,. i
apartment to any batbe=e;16onA,
or other. similar "atiag, -lYraM
s} ordightltlQ, }ppatp4ls%!?°�
__o tlevtce." :�
Section 2. Any 'person V011111109•
e terms of this ordinanoe shall' 1
n' donVlction thereof,`be`•11is6i1'!�.'!
m not to excee4.4IOO.00nor)0411'
imprisoned .40r # _ period
xceed 90 days. •r _•. j" . !
Section 2. ThWiartillsanee ilbah be
n full force and''effect'trom::A.W
tter its passage aadyubltltatlen.
Passed by -the :VIIWe Camcil'of.
e Village Pf New Hope lhls;, _14h.J
day of March, 1968.1
`• M. C. HONSFY--,' j.�i ..:'
Mayor. !
ATTEST:' C•` : i
BETTY POULIOT
.
Clerk -Treasurer. < ,
(Published in The New .Hope -Ply-
1C'uth Post, April 4;,19t!).
Classification No.��
Municipality
G
Date 3 t� D
Subject
INFORMATION SERVICE
League of Minnesota Cities
480 Cedar Street
St. Paul, Minnesota 55101
i NOTICE OF ORDINANCE NO. 388
AN ORDINANCE ADDING SECTION 7.90 TO TME
C CITY CODE PROHIBITING FIRES OR BARSEOUES
ON -BALCONIES
The City of Mound does ordain:
Setiylon 7.30 is hereby added to the City Coda and_
I
shall read as follows:
Section 7.30. Flee or Barbeques on Balconies
Prohibited. No person shelf kindle, maintain, or pnnit
j any fire or open flame on any balcony of any mutopl*
dwelling or apartment In any barbeque, torch or ott►K
similar burning or healing apparatus, aqulpmaftt or.
device,. except In 1111006 buildings defined :tied`
constructed as Type I or Type 11 construction.
` Violation of this ordinance shall be a mlKWMMW
Eand violators shalt be subject to the penaltip set forth.
In Section 71.09 of the City Code.
•, . ' Tim LaVawn. Mays! r
Attest: �... ,
Mary H. Marske, City park
i Adopted by the City Council Sept. 19 1078.
(Published In The Laker Sept. 27, 1078.)
L
AKER
C7he
:eP4 27"1878
110 .4
4
Classification No. 225
Municipality Mound
Date September 19, 1978
Subject
Sy' -
HAUGE, EIDE & KELLER, P.A.
Atorneys at -nnaw
TOWN CENTRE PROFESSIONAL BLDG., SUITE 200
1260 YANKEE DOODLE ROAD
EAGAN, MINNESOTA 55123
(612) 456-9000
June 26, 1987
Mr. Thomas Hedges
Eagan City Administrator
3830 Pilot Knob Road
Eagan, MN 55121
RE: Barbecues on Balconies or Patios
Dear Tom:
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
DEBRA E. SCHMIDT
At the last City Council meeting, staff was directed to research
alternative proposals for handling control of fires and barbecues on
balconies and patios of multiple dwelling buildings. The following
comments cover issues reviewed to date:
1. It is my understanding that Representative Art Seaberg has under
advisement through the Minnesota House of Representatives,
presumably through the revisers of statutes, a study of existing
statutes that may control such devices and possible amendments
to any existing statutes. We have not researched the Minnesota
Statutes to determine what may be in existence at the present
time.
2. We have contacted the League of Minnesota Cities, including Stan
Peskar and Tom Grundhoefer and are told that the League has not
pursued any state-wide action on the matter, but would be
willing to consider a proposal if Eagan or any other City
demonstrated an interest. `
3. We have received copies of a number of existing Ordinances
adopted by metropolitan area cities, including several that were
available through the League of Cities. Generally, those
ordinances read as follows:
Open Flame Fires and Cooking Devices; Multiple Dwellings.
1. In any structure containing two or more vertically stacked
residential units, no person shall kindle, maintain or cause
any fire or open flame on any balcony above ground level, or
on any ground floor patio immediately adjacent to or within
15 feet of the units.
2. No person shall store any fuel, barbeque, torch, or other
similar heating or lighting chemicals or devices in either
of the above places.
�d
Mr. Thomas Hedges
June 26, 1987
Page 2
4. Some of the ordinances also include motels and hotels. Other
ordinances allow heating, cooking and lighting equipment in a
barbecue affixed to the balcony in a manner prescribed by the
City Fire Chief and with an enclosed cover, while others provide
for exceptions for all mansonry constructed buildings. Others
allow barbecues that are permanently attached with screws and
bolts to the deck or railing, and others allow natural gas fired
barbecues on patios.
Very truly yours,
_,HA EIDE & KELLER, f.
A.
Paul H. Hauge
PHH:ras
14
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June 16, 1987
Eagan City Council
c/o Mr. Torn Hedges
P.O. Box 21-199
Eagan MN 55121
Re: Charcoal Grills
David E. Robertson
Apartment 326
3575 S. Lexington Ave.
Eagan, MN 55123-1104
-Dear-CounciT,
The local media has been reporting since yesterday evening that the
council is going to consider an ordinance banning grills on balconies. I
want to go on record as being opposed to any such regulation on either the
local or state level.
I am opposed to such an ordinance for a number of reasons. The recent
fire was unfortunate and could have been caused by any number of factors. It
is -my understanding that this fire was the result of spontaneous combustion
and not directly to actual use of the grill itself. We recently had a major
fire at the Duckwood Trail Apartments that was traced to a careless smoker.
While there was extensive damage in that fire it was localized due to the
fact that the fire walls held. From the pictures that I saw of the recent
fire as well as what I could see when I went to the site, I am not so sure
that this could be said in the more recent fire. Granted, the high winds
make containing such a fire difficult at best but the Duckwood fire also
experienced high winds.
An ordinance such as has been mentioned in the media would be very
discriminatory against apartment dwellers within the city who make up a
substantial portion of the local population. If you are going to protect me
from accidental and careless fire sources you may as well extend the
ordinance to smoking, stoves (electrical and.gas included), electrical
-wiring, all -flammable-mater-i-aTs;---and-windows- {spontaneous--combus-tion}-.--- -
r ..
I can appreciate the concern that may exist regarding outdoor grills. I
purchased a LP gas grill for use on my balcony because I felt uncomfortable
with an open charcoal fire. Gas has proven to be a safer alternative since
fly ash is not a problem and I can more safely monitor and control the gas
grill. Cool down is also much faster. This fact however only reflects my
personal feelings and experience. I realize the fire in a Burnsville
apartment that followed the next day involved a gas grill in spite of the
fact that Burnsville has an ordinance against such activity. Banning grills
will not solve the "problem° since it would be difficult to enforce and
careless people would still find other ways to endanger their lives and the
lives of their neighbors. _
Sincerely,
P.S. If you elect to legislate my gas grill out of existence you are free to
purchase it:
Weber Gas Grill
Storm Cover
Bottle Fill
q� 22.54
255.00
8.00
ORO Ra
Agenda Information Memo,
July 7, 1987
SPECIAL USE PERMIT/TEMPORARY SIGNS FOR CENTURY 21
B. Special Use Permit for Century 21 for Two Temporary Signs on the
Southeast Corner of Highway 13 and Blackhawk Road --An application
was submitted by Century 21 requesting a special use permit to allow
two (2) temporary signs on the southeast corner of Highway 13 and
Blackhawk Road. For additional information on this item, refer to
the Planning Department report, a copy is enclosed on pages
through "
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the special
use permit as presented for the two (2) temporary signs.
M
CITY OF RAGAN
SUBJECT: SPECIAL PERMIT
APPLICANT: CENTURY 21 SOUTH COUNTRY REALTY
(DON KLOBER)
LOCATION: NW QTR OF SECTION 13 AT INTERSECTION
OF HWY 13, ROBIN LANE & BLACKHAWK ROAD
EXISTING ZONING: NEIGHBORHOOD BUSINESS
DATE OF PUBLIC HEARING: JULY 7, 1987 -
DATE OF REPORT: JUNE 29, 1987
REPORTED BY: PLANNING DEPARTMENT
APPLICATION: An application has been submitted for a special
permit to allow two temporary pylon signs. The first sign is to
be located at the intersection of Hwy. 13, Robin Lane and
Blackhawk Road. The second sign is to be located at the
intersection of Robin Lane and Blackhawk Road.
The first pylon sign is to be located at the intersection of Hwy.
13, Robin Lane and Blackhawk Road and will have dimensions of 4'
by 4' by 8' and consist of 32 sq. ft. The second sign located at
the intersection of Robin Lane and Blackhawk Road will have
dimensions of 8' by 9' for a total of 72 sq. ft.
The applicant placed the signs at the above referenced locations
approximately two to three months ago and is processing a special
permit in response to City staff notification. If approved, the
two pylon signs shall be subject to all applicable City
ordinances.
it
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1•,
Agenda Information Memo,
July 7, 1987
VARIANCE/SETBACK FOR SNEDE
C. Variance for James and Cheryl Snede for a 1.5' Side Yard Setback
to Allow a 3.5' Setback in St. Francis Wood Addition --An application
was submitted requesting a 1.5' side yard setback variance that
would allow an addition to the existing garage to be situated 3.5'
from the side yard property line at 1224 Tananger Court; described
as Lot 10, Block 1, St. Francis Wood. For additional information on
the variance request, refer to pages through /01--.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
variance as requested by James and Cheryl Snede.
CITY OF EAGAN
SUBJECT: VARIANCE
APPLICANT: JAMES & CHERYL SNEDE
LOCATION: LOT 10, BLOCK 1, ST. FRANCIS WOOD
EXISTING ZONING: R-1
DATE OF PUBLIC HEARING: JULY 7, 1987
DATE OF REPORT: JUNE 29, 1987
REPORTED BY: KENNETH ROBERTS, PLANNING INTERN
APPLICATION: An application has been submitted requesting a 1.5'
side yard setback variance that would allow an addition to the
existing garage to be situated 3.5' from the side yard property line
at 1224 Tananger Court (Lot 10, Block 1, St. Francis Wood).
PLANNER COMMENTS: The purpose for the 1.5' variance is to allow the
construction of a third stall onto the present garage. This
additional garage and driveway space will be used to help keep their
cars off the street. The area into the easement will be triangular
in shape with 1.5' being the maximum width of encroachment.
It must also be noted that according to City code, no structure is
to be built in the 5' utility easement without first having the
necessary portion of it vacated through the public hearing process.
/M
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I
I hereby certify that this survey was prepared by me or
under my direct supervision and that I am a duly Registered •`
Land Surveyor under the laws of the State oof Minnesota.
Datet �une Zoe
Le oy Bohlen
V.4 Registered Land Surveyor No. 10795
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I
I hereby certify that this survey was prepared by me or
under my direct supervision and that I am a duly Registered •`
Land Surveyor under the laws of the State oof Minnesota.
Datet �une Zoe
Le oy Bohlen
V.4 Registered Land Surveyor No. 10795
/6 /
Agenda Information Memo,
July 7, 1987
WAIVER OF PLAT/B.H. GRACE FOR DUPLEX LOT SPLIT
D. Waiver of Plat for Duplex Lot Split on Lot 4, Block 2 and Lot 5,
Block 1, Rahn Ridge Addition --An application was received by the
City from B.H. Grace Corporation for a waiver of plat requesting the
division of two duplex lots located on Lot 4, Block 2 and Lot 5,
Block 1, Rahn Ridge lst Addition. For a copy of the City Planning
Departmen report regarding the request for waiver of plat, refer to
pages through D( .
ACTION TO- BE CONSIDERED ON THIS ITEM: To approve or deny the waiver
of plat as requested for Lot 4, Block 2 and Lot 5, Block 1, Rahn
Ridge Addition.
105
CITY OF EAGAN
SUBJECT: WAIVER OF PLAT
APPLICANT: B. H. GRACE CORPORATION
LOCATION: LOT 4, BLOCK 2, AND LOT 5, BLOCS 1
RAHN RIDGE 1st Addition
EXISTING ZONING: PLANNED DEVELOPMENT R-2 (DUPLEX)
DATE OF PUBLIC HEARING: JULY 7, 1987
DATE OF REPORT: JUNE 29, 1987
REPORTED BY: KENNETH ROBERTS, PLANNING INTERN
APPLICATION: An application has been submitted for a waiver of plat
requesting the division of two duplex lots located on Lot 4, Block
2, and Lot 5, BLock 1, Rahn Ridge 1st Addition.
PLANNER COMMENTS: Lot 4, Block 2 is located along the east side of
Vienna Lane and abuts duplex lots to the north and south.
Sufficient utilities exist to meet the needs of the subsequent
individual lots.
Lot 5, Block 1 is located north of Pin Oak Drive and abuts duuplex
lots to the west and east. Sufficient utilities exist to meet the
needs of the subsequent individual lots.
If these waivers of plat are approved, all other applicable City
ordinances shall apply.
/D�
Hedlund Engineering Services 9201 East Bloomington Freeway
Bloomington, Minnesota 55420
Land Surveyors Civil Engineers Land Planners Phone: 888-0289
.�
SmrsqorgsOrtificiate
BOOK _ PAGE
a� JOB NO. 87R-283
SURVEY FOR: B.H. Grace Corp.
DESCRIBED AS: PARCEL A:
That part of Lot 4, Block 2, RAHN RIDGE, City of Eagan, Dakota County,
Minnesota, lying northerly of a line drawn from a point on the east
line of said Lot 4 distant 50.00 feet north of the southeast corner
thereof,, to a point on the west line of said Lot 4 distant 50.00 feet
north of the southwest corner thereof, and reserving easements of
record.
PARCEL B:
That part of Lot 4, Block 2, KAHN RIDGE, City of Eagan, Dakota County,
Minnesota, lying southerly of a line drawn from a point on the east
line of said Lot 4 distant 50.00 feet north of the southeast corner
thereof, to a point on the west line of said Lot 4 distant 50.00 feet
north of the southwest corner thereof, and reserving easements of
record.
CERTIFICATE OF SURVEY
I hereby certify that on 5 / ! /87 I surveyed the property described above and that
the above plot is a correct representation of sold survey.
Jeffrey V/1-intl4ren, License No. 14376
East
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= 9 30.5 _ ii ��
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BASEMENT FLOOR
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Benchmark
SEWER SERVICE ELEV.
=920.3N'/922.0St
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PROPOSED ELEVATIONS
: Q
L. 3, B. 2 : 929.96
EXISTING ELEVATIONS
DRAINAGE DIRECTIONS
DENOTES LOT CORNERS
0
DENOTES OFFSET STAKE:
o
ti
CERTIFICATE OF SURVEY
I hereby certify that on 5 / ! /87 I surveyed the property described above and that
the above plot is a correct representation of sold survey.
Jeffrey V/1-intl4ren, License No. 14376
4vr
- >s���:rM-<±"!'SSP+t`!-eJ.!t?�s`•;:�xra.'..Mrf�+2P?�c��?'-
-�..'l f�i�J�i`"io y�j:•d.y��•r C
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Hedlund Engineering Services 9201EactBloomingtonFreeway
Bloomington, Minnesota 55420
Land Surveyors Civil Engineers Land Planners Phone: 888-0289
SA(,riC#01'OS eertiliXte
a� BOOK _ PAGE
A JOB NO. 87R-264
SURVEY FOR: B.H. Grace Corp.
DESCRIBED AS: PARCEL A:
That part of Lot 5, Block 1, RAHN RIDGE, City of Eagan, Dakota County,
Minnesota, lying westerly of a line drawn from a point on the north
line of,, said Lot 5 distant 50.00 feet west of the northeast corner
thereof, to a point on the south line of said Lot 5 distant 50.00 feet
west of the southeast corner thereof, and reserving easements of
record.
PARCEL B:
That part of Lot 5, Block 1, RAHN RIDGE, City of Eagan, Dakota County,
Minnesota, lying easterly of a line drawn from a point on the north
line of said Lot 5 distant 50.00 feet west of the northeast corner
thereof, to a point on the south line of said Lot 5 distant 50.00 feet
west of the southeast corner thereof, and reserving easements of
record.
TOP OF FOUNDATION = 933.4
GARAGE FLOOR = 933. o93p S 934 4'.957-
BASEMENT FLOOR = 930.2 /OO -OD 0_
SEWER SERVICE ELEV. = 922.0 E/927.7 W 50.00 _ _50_00
PROPOSED ELEVATIONS :
EXISTING ELEVATIONS —
DRAINAGE DIRECTIONS --�
DENOTES LOT CORNERS 0 /
DENOTES OFFSET STAKE: ID
�O 932.7_, 34
�O 34
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P/N OPK OP/ VE
CERTIFICATE OF SURVEY
I hereby certify that on 51 1 /87 I surveyed the property described above and that
the above plat is a correct representation of sold survey.
JefXe Lindgren, License No. 14376
Agenda Information Memo,
July 7, 1987
WAIVER OF PLAT/CINNAMON RIDGE 6TH ADDITION
E. Waiver of Plat for Zachman Brothers for Twin Home Lot Splits on
Lots 10 and 11, Block 1, Cinnamon Ridge 6th Addition on Cinnamon
Ridge near Metcalf Drive --An application was received by the City of
Eagan for a waiver of plat requesting the division of two (2) duplex
lots located on Lots 10 and 11, Block 1, Cinnamon 6th Addition by
Zachman Brothers Construction. For additional information on this
item"ref e to the Planning Department report, a copy is enclosed on
pages through
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the waiver
of plat as submitted by Zachman Brothers Construction for Lots 10
and 11, Block 1, Cinnamon Ridge 6th Addition.
147
CITY OF EAGAN
SUBJECT: WAIVER OF PLAT
APPLICANT: ZACHMAN BROTHERS CONSTRUCTION
LOCATION: LOTS 10 AND 11, BLOCK 1,
CINNAMON RIDGE 6TH ADDITION
EXISTING ZONING: PLANNED DEVELOPMENT (DUPLEX)
DATE OF PUBLIC HEARING: JULY 7, 1987
DATE OF REPORT: JUNE 29, 1987
REPORTED BY: KENNETH ROBERTS, PLANNING INTERN
APPLICATION: An application has been submitted for a waiver of plat
requesting the division of two duplex lots located on Lots 10 and
11, Block 1, Cinnamon Ridge 6th Addition.
PLANNER COMMENTS: Lot 10, Block 1, is located along Cinnamon Ridge
Trail and abuts duplex lots on two sides and Metcalf Drive along the
rear. Sufficient utilities exist to meet the needs of the
subsequent individual lots.
Lot 11, Block 1, is on the corner of Cinnamon Ridge Trail and
Metcalf Drive and abuts Lot 10 on its northeast side. Sufficient
utilities exist to meet the needs of the subsequent individual lots.
If these waivers of plat are approved, all other applicable City
ordinances shall apply.
4
• 5a :_ `'.N �'74.rZ"9�: K�._•ttY. t.'rd: :� ':N,i;Y�.�,
-.:;: s�i::t::s:st�k'.a'�S�.w€Sites_a..�.<^:sk•�3..3.%A�e�+.'=w`�I
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5
Hedlund Engineering Services 9201 East Bloomington Freeway
Bloomington, Minnesota 55420
Land Surveyors Civil Engineers Land Planners Phone: 888-0289
A "' SA (ATC#0 r-irg eertilkjIte
JAIF BOOK -LO -7— PAGE 3
JOB NO. 86-545
SURVEY FOR: Zachman Brothers Const. Co.
DESCRIBED AS: PARCEL A:
That part of Lot 10, Block 1, CINNAMON RIDGE 6TH ADDITION,
City of Eagan, Dakota County, Minnesota, lying northeasterly of a line
drawn from a point on the southeasterly line of said Lot 10 distant
33.33 feet northeast of the most southerly corner thereof, to a point
on the northwesterly line of said Lot 10 distant 36.68 feet northeast
of the most westerly corner thereof, and reserving easements of record.
PARCEL B:
That part of Lot 10, Block 1, CINNAMON RIDGE 6TH ADDITION,
City of Eagan, Dakota County, Minnesota, lying southwesterly of a line
drawn from a point on the southeasterly line of said Lot 10 distant
33.33 feet northeast of the most southerly corner thereof, to a point
on the northwesterly line of said Lot 10 distant 36.68 feet northeast
of the most westerly corner thereof, and reserving easements of record.
CERTIFICATE OF LOCATION Of BUILDING
I hereby certify that on _61161$%
I made a survey of the location of the
building on the property described hereon
and that the location of said building is
correctly showe hereon.
Sef r D. indgren,1`�o. 14376
TOP OF FOUNDATION = 920.5
GARAGE FLOOR =920.1
BASEMENT FLOOR = 911.3
q0� SEWER SERVICE ELEV. = NIA
PROPOSED ELEVATIONS O
*<`, EXISTING ELEVATIONS
DRAINAGE DIRECTIONS :�-
0 DENOTES LOT CORNERS : O
DENOTES OFFSET STAKE:O
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CERTIFICATE OF SURVEY CSN
I hereby certify that on 1Z /'19 /ee I surveyed the property described above and that
the above plot is a correct representation of sold survey.
Jebfre��C?. LINIdpren, Llcen3e"No.14376
Hedlund Engineering Services 9201 East Bloomington Freeway
Bloomington, Minnesota 55420
Land Surveyors Civil Engineers Land Planners Phone: 888-0289
Arnewl"llfs eertiftate
BOOK /07 PAGE 3
JOB NO. 86--546
SURVEY FOR: Zachman Brothers Const. Co.
DESCRIBED AS: PARCEL A:
That part of Lot 11, Block 1, CINNAMON RIDGE 6TH ADDITION,
City of Eagan, Dakota County, Minnesota, lying northeasterly of a line
drawn from a point on the southeasterly line of said Lot 11 distant
34.77 feet southwest of the most easterly corner thereof, to a point on
the northwesterly line of said Lot 11 distant 38.11 feet southwest of
the most northerly corner thereof, and reserving easements of record.
PARCEL B:
That part of Lot 11, Block 1, CINNAMON RIDGE 6TH ADDITION,
City of Eagan, Dakota County, Minnesota, lying southwesterly of a line
drawn from a point on the southeasterly line of said Lot 11 distant
34.77 feet southwest of the most easterly corner thereof, to a point on
the northwesterly line of said Lot 11 distant. 38.11 feet southwest of
the most northerly corner thereof, and reserving easements of record.
CLNTI►ICATN Of LOCATION Of BUILDING
I hereby certify that on 6//6/87
I made a survey of the location of the
building on the property described hereon
and that the location of said building is
correctly shown hereon.
Ja r Lindgren, . 14':76
14
a4'
0
S5A0�
q /
CERTIFICATE OF SURVE\
I hereby certify that on .5 /?o/ �I surveyed the property described above and that
the above plot is a correct representation of said survey. 1
��• �� �� Jeffrey D.�' Indaren. License No. 14376
\ N Ne
u
ei o
TOP OF FOUNDATION = 9(9-Z
GARAGE FLOOR =918.8
BASEMENT FLOOR =914-i
SEWER SERVICE ELEV. = NIA
PROPOSED ELEVATIONS : O
EXISTING ELEVATIONS :
DRAINAGE DIRECTIONS —r—
DENOTES LOT CORNERS 0
DENOTES OFFSET STARE: o
Agenda Information Memo,
July 7, 1987
SIGN PERMITZFEDERAL LAND COMPANY
F. Sign Permit/Federal Land Company for Three (3) Signs in the Town
Centre Addition --Federal Land Company is requesting consideration by
the City to locate sign monuments at strategic locations in the Town
Centre and Eagan Heights Planned Development. Also Midwest
AutoMalls, Inc., has requested a ground sign for the Super America
station to be located in the Eagan AutoMal 1 located at 1399 Town
Centre Drive. The request is different from the agreement that was
executed between Federal Land Company and the City of Eagan for the
pylon sign locations, thus requiring a review and action by the City
Council.
Refer to a memo prepared by the City Planner with the appropriate
attachments found on pages /Y -Z- through /y3 .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the sign
location requests as presented by Federal Land Company and Midwest
AutoMall and to make the appropriate modifications to the pylon sign
agreement between Federal Land Company and the City of Eagan.
/l!
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: CITY PLANNER RUNKLE
DATE: JUNE 30, 1987
SUBJECT: TOWN CENTRE SIGNAGE TO BE
1987 CITY COUNCIL MEETING
(TOWN CENTRE 70 AND EAGAN
PLANNED DEVELOPMENT)
CONSIDERED AT THE JULY 7,
HEIGHTS COMMERCIAL PARK
Federal Land Company, developers of Town Centre 70 and Eagan
Heights Commercial Park planned development, have submitted a
request to the Planning Department for sign monuments to be
placed at strategic locations in the Town Centre and Eagan
Heights planned development areas. In addition, Midwest Auto
Malls, Inc. has requested a ground sign for the Super America
station to be located in the Eagan auto mall located at 1399 Town
Centre Drive. The Planning Department felt it would be
appropriate for the City Council to consider these two items,
given the sensitive nature of signage in the Town Centre 70 and
Eagan Heights planned development areas and the existance of a
pylon sign agreement between the City of Eagan and Federal Land
Company.
Federal Land Company has requested the placement of four sign
monuments to be placed in the Town Centre 70 and Eagan Heights
planned development areas. The sign monument locations are at
the intersections of Town Centre and Duckwood Drive, Duckwood
Drive and Denmark Avenue, Yankee Doodle Road and Denmark Avenue,
and Yankee Doodle Road and Lexington Avenue. Please refer to the
enclosed exhibit for precise sign location. The proposed sign
monuments are technically not considered pylons and would not
specifically require City Council consideration. Given the fact,
however, that some of the sign monuments are located in areas
designated for pylon signs per the pylon sign agreement, it was
felt that the City Council may wish to review the proposed plans.
Please refer to the enclosed exhibit illustrating pylon sign
locations per the pylon sign agreement.
In conjunction with Federal Land Company's sign monument request,
Midwest Auto Malls, Inc. is requesting a ground sign for the
Super America station located at the intersection of Town Centre
and Duckwood Drive. This proposed sign is not to exceed 7' in
height, with the sign area not to exceed 4' in height, and will
not be supplemented by any type of indirect lighting. The
applicant argues that the sign installation is needed for thr.ee
reasons: 1) it is felt that a hardship exists for vehichles
traveling on Duckwood Drive and Pilot Knob Road with occupants
having a limited view of the store frontage and display of gas
prices; 2) signage is needed to display gas prices; and 3)
ground signage will be used to promote tennant identification.
MEMO/TOWN CENTRE SIGNAGE REQUEST
JUNE 29, 1987
PAGE TWO
Midwest Auto Malls, Inc. is also requesting the placement of
signage for Firestone on the marquee of the south side of the
Eagan Auto Mall as it faces the intersection of Pilot Knob Road
and Duckwood Drive. The word "Firestone," is to be illustrated
with red illuminated letters with the total space not to exceed
24 feet.
The applicant argues that this
is needed to attract vehicles as
Knob Road and feel that greater
is appropriate given the need
into the Auto Mall. Please
illustrating the specific design
additional signage for Firestone
they proceed northbound on Pilot
visibility for the anchor tennant
to attract greater traffic flow
refer to the enclosed exhibit
of the Firestone signage.
City Council needs to make the specific determination as to the
appropriateness of the Federal Land and Midwest Auto Mall sign
request in relationship to the pylon sign agreement between
Federal Land Company and the City of Eagan. More specifically,
determination needs to be made as to the need and asthetic appeal
of the Midwest Auto Mall sign request for the Super America
station. I trust the enclosed information and exhibit is
sufficient for the City Council to make this determination and of
course I will be on hand to assist in the discussion.
&Ac-"
City Planner _
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Agenda Information Memo,
July 7, 1987
BUILDING PERMIT/FEDERAL LAND COMPANY
G. Building Permit to Construct a Fence Between Amoco Car Care
Center and Tom Thumb Market --The Federal Land Company is proposing
to construct a fence between the Amoco Car Care Center and Yankee
Square Shopping Center to control parking for the center and Amoco
Car Care. There were no cross easements approved at the time the
Yankee Square Shopping Center was platted or at the time the Amoco
Car Care Center was approved by the City.
For additional information and a sketch drawing regarding the
building permit request, refer to pages ZZ�5 through /Z
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or
permit to allow the construction of a fence between
Care Center and Tom Thumb Market located in the
Shopping Center.
deny a building
the Amoco Car
Yankee Square
MEMO TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: DALE C. RUNKLE, CITY PLANNER
DATE: JULY 1, 1987
SUBJECT: BUILDING PERMIT FOR FEDERAL LAND COMPANY
The City has been contacted by Federal Land Company to construct
a fence on the property line between the Yankee Square Shopping
Center and the Amoco Car Care facility located on the west side
of Washington Drive. There has been concern expressed regarding
the number of cars being parked in this general area and that
service vehicles and parking are in conflict with the overall
circulation.
The Federal Land Company has requested a building permit to
construct a fence on the property line to eliminate some of the
parking and circulation issues. As a result of the review, City
staff has suggested that in order to separate drive and parking
facilities, it could be done by constructing the five foot
setback criteria which would require concrete curbing and
landscaping in this five foot setback area. The applicants now
have submitted plans showing this curbing and would meet the
criteria for the five foot setback from a parking lot area.
In review of the request, it does meet the ordinance requirements
for setback criteria; however, the circulation may be a problem
in putting up the barriers separating the drive and parking
areas.
City Planner
DCR/mc
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Federal Lang Company
Ybnkee Square Office II • 3470 Washington Drive • Suite 102 i Eagan, Minnesota 55122 • Tel. 612-452-3303
June 23, 1987
Mr. Dale Runkle
Eagan City Planner
City of Eagan
3830 Pilot Knob Road
P.O. Box 21-199
Eagan, Mn. 55121
Dear Mr. Runkle,
Enclosed is a copy of the "Island Plan" for Yankee Square Shopping Center.
I have been telling you of the complaints of my tenants as to:
1. Employee parking;
2. Trucks blocking drive-thru loading and unloading food
stuffs at Tom Thumb, liquor at Kenney's Liquor Store,
supplies at Pizza Restaurant, etc.;
3. Rubbish removal problems;
4. Drive-thru blocked at times not allowing for emergency
vehicles to move swiftly through, and;
5. Aesthetically depressing.
I must respond to my Tenants and have been trying to do so since August of
'86 with a workable solution as to the above problems.
The plan is self explanatory and has been reviewed by an architect and a
traffic engineer and both agree as to this plan resolving the problems
mentioned above to a great _degree.
Considering this plan meets all city ordinances, codes andkno variances
are needed, it would seem to me that the planning department could handle
this matter and issue a permit, but if you say no, then I hope this matter
can come before the July 7th Council Meeting so as to resolve this matter.
I will be in attendance at the July 7th meeting should any questions need
to be answered concerning the above.
cerely,
Vernon R. Colon, Partner
Federal Land Company
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Agenda Information Memo,
July 7, 1987
REZONING AND PRELIMINARY PLAT/EAGAN ROYALE ADDITION
H. Rezoning for Eagan Royale Addition Revised of Approximately
46.848 Acres from A to R-1 and a Preliminary Plat Consisting of 72
Lots --A public hearing was first considered by the Advisory Planning
Commission at their April 30 meeting, to consider the rezoning and
preliminary plat for Eagan Royale Addition located on 47 acres
abutting Safari Pass on the east, Highway 35E on the west and Apple
Valley on the south. The Advisory Planning Commission did give
approval to the Eagan Royale Addition, however, at the request of
the developer, a continuance for City Council review was granted
pending a merger by Developers Construction with Meritor Development
Corporation. Once the Meritor Development Corporation became
involved in the project there were some changes suggested and
therefore the rezoning and preliminary plat was sent back to the
Advisory Planning Commission for their review and consideration. At
the June 23, 1987 Advisory Planning Commission meeting, action was
taken to recommend approval of the rezoning from agricultural to R-1
and a preliminary plat consisting of 72 lots on a 1.1 acre outlot.
This plat is consistent with the January, 1987 Land Use Plan
designating this area D -I.
For additional information on this item, refer to the Planning and
Engineering Department reports, copies are enclosed on pages
through l/3j .
The Parks and Recreation Advisory Commission met on Thursday, July
2, 1987, and is recommending a cash donation in lieu of a land
dedication for the Eagan Royale Addition.
For a copy of the dvisory Planning Commission minutes on this item,
refer to page (s)`
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
rezoning from A to R-1 and a preliminary plat entitled Eagan Royale
Addition Revised.
1z$
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CITY OF EAGAN
SUBJECT: REZONING, PRELIMINARY PLAT (EAGAN ROYALE
ADDITION)
APPLICANT: MERITOR DEVELOPMENT CORPORATION
LOCATION: SE 1/4 SECTION 31
EXISTING ZONING: A(AGRICULTURAL)
DATE OF PUBLIC HEARING: JUNE 23, 1987
DATE OF REPORT: JUNE 10, 1987
REPORTED BY: PLANNING & ENGINEERING DEPARTMENTS
APPLICATION: At the April 30 Advisory Planning Commission meeting
the Eagan Royale Addition was approved for 73 single family lots on
47 acres abutting Safari Pass on the east, Highway 35E on the west
and Apple Valley on the south. The applicants asked to be continued
prior to the City Council so utility design could be studied to a
greater degree. Since then Meritor Corporation has taken over the
project and revised the original plan. New applications have been
submitted requesting a Rezoning of 47 acres to R-1 and a Preliminary
Plat consisting of 72 lots and a 1.1 acre outlot. This plat is
consistant with the January 1987 Land Use Plan designating this area
D -I (0-3 Units/acre).
SITE PLAN/CODE CONFORMANCE: This site is heavily wooded, full of
hills and water holding depressions suited extremely well for upper
bracket housing.
The 72 lots give this plat a gross density of 1.5 units/acre. The
lots vary in size from 15,000 S.F. to 69,900 S.F. along 35E. The
cul de sac serving those lots is within the Code 500' length
requirement. No individual lot variances are requested. All lots
are at least 85' wide at the setback line - most are at least 95'
and should be able to accommodate 3 car garage homes comfortably.
This plat reduces the loss of trees on the site significantly.
Approximately 60% of the lots will not have any grading beyond the
30' setback line. This will allow individual lot grading for these
custom built homes. Five home builders have been selected for this
project and Meritor will retain architectural control. No
Association is proposed.
Meritor has been in contact with the owner of the property to the
north in an effort to create two cohesive developments. They also
are the developer of the Briar Oaks subdivision or the south in
Apple Valley.
EAGAN ROYALE ADDITION
GRADING/DRAINAGE/EROSION CONTROL: The grading proposed by the
development is basically limited to the roadway construction. Lot
grading for house pads is proposed on approximately 30% of the lots.
The grading proposed is sensitive to the numerous amenities which
exist on this site.
Proposed street grades range from a minimum of 0.5% to a maximum of
8.0%. These street grades fall within the acceptable ranges for
streets.
The development proposes to utilize the existing low area amenities
for collection of storm water runoff. The development fails to
provide outlets for the ponds used as a collection basin.
Additional storm sewer is required in the southwesterly portion of
the site to prevent runoff from draining into Apple Valley. There
are also two low areas in the southerly portion of the site,
easterly of the Safari Reservoir which become land locked. These
low areas should also have outlets provided. The development fails
to accommodate the runoff generated by the Safari Reservoir site.
A final erosion control plan is subject to review and acceptance by
staff.
UTILITIES: Water main of sufficient size presently exists along
Safari Pass & inthe entrance to the water reservoir site. The
development proposes to tie into the existing 24" water main in
Safari Pass, loop westerly, northerly and easterly throughout the
site and tie back into the existing Safari Pass water main. Water
main laterals to provide service to the cul-de-sac streets is then
tapped into this loop system. The development is providing the
required water main stub to the adjacent northerly property. The
water main stub to the property southerly of this development is not
required.
Trunk sanitary sewer installation is required prior to construction
of the necessary lateral sanitary sewer to serve the<„ proposed
development. The proposed sanitary sewer along the common lot lines
in Block 3 of the proposed development can be avoided.
STREETS/ACCESS/CIRCULATION: Access to the proposed site is provided
by Safari Pass on the east and through Briar Oaks of Apple Valley
2nd Addition on the south. The development is in compliance with
the City policy on maintaining interconnection of roadways between
neighboring communities. The proposed loop roadway throughout the
site will be required to be a minimum of a 60' right-of-way. The
proposed 50' right-of-way cul-de-sac streets are acceptable. A 60'
minimum radius is required on all cul-de-sacs. The minimum roadway
width on the proposed cul-de-sac street shall be 28' and the minimum
roadway width on the loop street shall be 32'.
The development is proposing to eliminate the existing gravel road
access to the water reservoir site. The development will be
responsible for then providing a new access road off of the loop
street through the development acceptable to the City.
/'�0
EASEMENTS/RIGHT-OP-WAYS/PERMITS: This development will be
responsible for dedicating the appropriate ponding and utility
easements on the final plat. The ponding easements for this
development shall be dedicated to incorporate the maximum storage
volume capacities necessary to handle the runoff generated by the
development.
The 50' half right-of-way that presently exists for Safari Pass
exceeds the minimum 30' half right-of-way required by the City for a
residential street. The City will vacate the westerly 20' of the
existing 50' half right-of-way adjacent to the proposed development
upon submission of the appropriate petition by the developer.
The development shall be responsible for obtaining the necessary
regulatory permits in the time frame conducive to'development.
ASSESSMENTS: The proposed site has been assessed for sanitary sewer
trunk and water area under Project 254 at the single family rate.
The development will be responsible for the following additional
assessments as a condition of final plat approval.
Project No. Description Rate Quantity Amount
316
Trunk Storm Sewer
$.053/SF
2,025,540 SF
$107,350
366
Lateral Benefit Water Main(B)
12.47/FF
609.29 FF
7,598
254
Lateral Benefit Water Main(A)
12.47/FF
1,116.66 FF
13,925
254
Street/Safari Pass
35.44/FF
1,011 FF
35,830
TOTAL $164,703
(A) Safari Pass
(B) Safari Reservoir site access road
All final assessment obligations will be calculated based on the
final quantities contained in the final plat and in accordance with
the rates in effect at the time of final plat approval.
4.
131
CONDITIONS: (EAGAN ROYALE ADDITION)
1) All standard platting conditions shall be adhered to.
2) No driveway access shall be allowed onto Safari Pass.
3) This plat shall be subject to the recommendations of the
Advisory Parks and Recreation Commission.
4) Downstream storm sewer facilities shall be ordered by Council
action prior to final plat approval.
5) The appropriate ponding area easements shall be dedicated on
the final plat.
6) The development shall submit an erosion/sediment control plan
acceptable to staff.
7) The development shall be responsible for providing storm sewer
for the existing drain at the Safari Reservoir site.
8) Trunk sanitary sewer installation shall be ordered by Council
action prior to final plat approval.
9) The proposed sanitary sewer along the common lot lines in the
easterly portion of the proposed development shall not be
allowed.
10) The proposed entrance/loop roadway into this site shall be
dedicated with a 60' right-of-way. The street width within the
60' right-of-way shall be a minimum of 32' face of curb to face
of curb.
11 ) The proposed cul-de-sac street shall be dedicated with a 50'
wide right-of-way. A minimum 60' radius on the bubble of the
cul-de-sac and a minimum street width of 28' face of curb to
face of curb.
12) In addition to common lot line drainage and utility easements,
the development shall be responsible for any adiitional
easements required for final approval of plans and
specifications. `
13) It shall be the responsibility of this development to provide
utility service to each individual lot in the proposed
development.
14) The development shall be responsible for providing an
acceptable access road to the Safari Reservoir site.
15) The development shall be responsible for submitting storm sewer
calculations which justify and support the fact that there are
no outlets provided for the areas designated as ponding areas.
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APC Minutes
June 23, 1987
Harrison moved, Gustafson seconded the motion to recommend
approval of the rezoning from A (Agricultural) to R-1 (Single
Family). All voted yes.
Harrison moved, Gustafson seconded the motion to recommend
approval of the preliminary plat, subject to the following
conditions:
1. All standard platting conditions. shall be adhered .to.
2. The Advisory Parks and Recreation Commission shall review
this plat for the land dedication requirements.
3. The Council shall authorize the installation of the trunk
sanitary sewer, trunk water main, and trunk storm sewer facilities
through this development prior to final plat approval. This
development shall be required to dedicate the required drainage and
ponding easements for Pond LP -28 to incorporate the 916.0 elevation.
.4. The development shall dedicate the additional drainage and
utility easements as required by the alignment and depth of any
public utility located outside of public right-of-way.
5. This development shall be responsible for all pending and
future assessments associated with the development of this
subdivision relating to trunk area water, trunk area storm sewer,
and future Cliff Road Street and trail improvements.
6. The proposed Lot 17, Block 5, and the two lots in the most
southwesterly portion shall remain as Outlots.
7. The developer shall save as many trees as possible.
All voted aye.
EAGAN ROYALE ADDITION - REZONING & PRELIMINARY PLAT
The next public hearing called by Chairman Hall was in regard to
the application of Meritor Development Corporation for rezoning of
47 acres to R-1 and a preliminary plat consisting of 72 lots and a
1.1 acre Outlot. City Planner Dale Runkle advised that the plat was
consistent with the Eagan Land Use Plan and that on April 30, 1987,
the Advisory Planning Commission had approved a preliminary plat
previously proposed by Developers Construction. Mr. Larry Frank, on
behalf of Meritor Development Corporation, advised that the revised
plat greatly reduced the. amount of damage to vegetation and natural
topography. He also advised that the plat was being developed in
conjunction with the Briar Oaks plat directly south in Apple Valley.
He advised that the minimum value of homes in the area were
anticipated to be $200,000.00. The proposed outlot would be for the
future development of two lots along the cul-de-sac in conjunction
with the neighboring landowner to the north.
0
APC Minutes
June 23, 1987
Harrison moved, McCrea seconded the motion to recommend approval
of the rezoning to R-1 (Single Family). All voted yea.
Harrison moved, McCrea seconded the motion to recommend approval
of the preliminary plat, subject to the following conditions:
1. All standard platting conditions shall be adhered to.
2. No driveway access shall be allowed onto Safari Pass.
3. This plat shall be subject to the recommendations of the
Advisory Parks and Recreation Commission.
4. Downstream storm sewer facilities shall be ordered by
Council action prior to final plat approval.
5. The appropriate ponding area easements shall be dedicated on
the final plat.
6. The development shall submit an erosion/sediment control
plan acceptable to staff.
7. The development shall be responsible for providing storm
sewer for the existing drain at the Safari Reservoir site.
8. Trunk sanitary sewer installation shall be ordered by
Council action prior to final plat approval.
9. All plans and specifications shall be subject to approval by
the City staff.
10. The proposed entrance/loop roadway into this site shall be
dedicated with a 60 foot .right-of-way. The street width within the
60 foot right-of-way shall be a minimum of 32 feet face of curb to
face of curb. `•
11. The proposed cul-de-sac street shall be dedicated with a 50
foot wide right-of-way. A minimum 60 foot radius on the bubble of
the cul-de-sac and a minimum street width of 28 feet face of curb to
face of curb.
12. In -addition to common lot line drainage and utility
easements, the development shall be responsible for any additional
easements required for final approval of plans and specifications.
13. It shall be the responsibility of this development to
provide utility service to each individual lot in the proposed
development.
14. The development shall be responsible for providing an
acceptable access road to the Safari Reservoir site.
6
APC Minutes
June 23, 1987
15. The development shall be responsible for submitting storm
sewer calculations which justify and support the fact that there are
no outlets provided for the areas designated as ponding areas.
All voted in favor.
HOLIDAY STATION STORES - CONDITIONAL USE PERMIT - SIGN
The next public hearing of the evening was convened by Chairman
Hall upon the application of Holiday Station Stores, Inc. for a
conditional use permit for a pylon sign with a variance for the
proposed facility at the northwest corner of Cliff Road and Nicols
Road with total signage area of 134 square feet to provide a sign
for both Holiday and Precision Tune. The Commission was advised
that a sign of 125 square feet had been previously approved. Now
the applicant was back for a revised sign to facilitate its
additional tenants. Gustafson moved, Harrison seconded the motion
to recommend approval of the conditional use permit and variance for
a 134 square foot pylon sign. All voted in favor.
BUILDING BLOCK ADDITION - CONDITIONAL USE PERMIT & PRELIMINARY PLAT
Chairman Hall then convened the public hearing in regard to the
application of William Dunkley for a conditional use permit to allow
a day care facility in a Planned Development Limited Business
District and a preliminary plat for the Building Block Addition,
located along the west side of Scott Trail and immediately south of
the existing duplexes. Mr. Dale Runkle advised that the original
Planned Development Agreement would have to be amended, as it
originally provided only for office buildings. On behalf of the
applicant were Mr. Brian Carrey, Sue Dunkley and architect Nick Rio
who described the proposal. which had a residential style with brick
lower and lapped wood upper walls with a pitched roof. He indicated
the children's play areas and rooms and the landscaping to be
located around the development. He also advised that 20 parking
spaces would be adequate for the staff and traffic from parents and
children. Mr. Joseph Russell, 1105 Duckwood Trail, questioned the
traffic impact.
Questions were raised about a proposed car care center
immediately south. The representatives of the car care center were
present, although no applications have been submitted.
McCrea moved, Voracek seconded the motion to recommend approval
of the amendment to the planned development, conditional use permit
and preliminary plat, subject to the following conditions:
7
4' -<4._--
Agenda Information Memo,
July 7, 1987
PRELIMINARY PLATIREZONING FOR DALLAS DEVELOPMENT 2ND ADDITION
I. Comprehensive Guide Plan Amendment and a Rezoning of
Approximately 25.35 Acres Including the Existing 8.3 Acre Silver
Bell lst Addition from LI (Light Industrial) to Commercial Planned
Development and a Preliminary Plat Consisting of 3 Lots on 17.05
Acres and a Conditional Use Permit for Motor Fuel Sales --A public
hearing was held at the June 23, 1987, Advisory Planning Commission
meeting to consider applications submitted by Dallas Development
requesting 1) a rezoning of 25.35 LI Acres to a Mixed Use Planned
Development District that includes the existing 8.3 acre 103,000
square foot Silver Bell Plaza, 2) a preliminary plat consisting of
three lots on 17.05 acres and 3) a conditional use permit for motor
fuel sales. Also required is a Comprehensive Guide Plan amendment
from industrial to CPD as a result of the rezoning. The Advisory
Planning Commission is recommending approval of the rezoning,
preliminary plat, conditional use permit and Comprehensive Guide
Plan amendments as presented.
Dallas Development Company is also requesting a special use for a
temporary school to be located in the existing Silver Bell facility.
The school is a private K through 6 elementary school which is more
accurately described in the aforementioned Planning/Engineering
report.
For additional information on this item, refer to a report prepare
by the Planning and Engineering Departments found on pages/;f'
through �. For a copy of the Advisory Planning Commission
action, refer to page(s) 16 —
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny 1)
Comprehensive Guide Plan amendment for Dallas Development, 2)
rezoning from LI to Commercial Planned Development, 3) preliminary
plat for Dallas Development 2nd Addition and a conditional use
permit for motor fuel sales.
CITY OF EAGAN
SUBJECT: COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING
PRELIMINARY PLAT, CONDITIONAL USE PERMIT
(DALLAS DEVELOPMENT 2ND ADDITION) SPECIAL PERMIT
APPLICANT: DALLAS DEVELOPMENT
LOCATION: SW 1/4 SECTIION 17, SE 1/4 SECTION 18
EXISTING ZONING: LI (LIGHT INDUSTRIAL)
DATE OF PUBLIC HEARING: JUNE 23, 1987
DATE OF REPORT: JUNE 15, 1987
REPORTED BY: PLANNING AND ENGINEERING
APPLICATION SUMMARY: Separate applications have been submitted by
Dallas Development requesting a Rezoning of 25.35 Li (Light
Industrial) acres to a mixed use Planned Development district that
includes the existing 8.3 -acre, 103,000 SF Silver Bell Plaza
office/showroom, a Preliminary Plat consisting of three lots on
17.05 acres, and a Conditional Use Permit for motor fuel sales.
This site is located along the west side of Highway 13 and is
bisected by Silver Bell Road. The January 1987 Land Use Plan
designates this area Industrial; therefore an Amendment will be
necessary.
EXISTING CONDITIONS: Currently the site is vacant, open grassland
and is dominated by a major freeway billboard that will be removed
with this proposal. The area to the northeast is developed Li
business and the area to the west is approximately 38 R-4 zoned
acres. Kennebec Drive will be extended to the northeast with this
plan, creating a loop to Highway 13 through Seneca Road. The Dallas
Development 2nd Addition received final plat approval on April 2,
1986. That building was restricted to a 50/50 office/warehouse use
with no other uses approved other than those in Li districts.
PROPOSED PLANNED DEVELOPMENT: The existing building will not :change
its approved use. It was included in the Planned Development so
that architectural/site uniformity as well as the proposed uses in
each building can be monitored by the City. I The 17 -acre, new
construction area has three major uses. All Code setbacks have been
maintained and 9' -wide parking stalls are shown throughout the site.
The following is a breakdown of each lot.
Lot 1 Private School This building was designed to office building
standards in the event that the use would ever change from a private
school. Twenty-eight parking stalls are desired; Code requires 106
for offices this size. Proof of parking accommodates this
requirement. The applicant hopes to open the school to students in
September, 1987. Since this building cannot be completed in time,
the owners will also request a Special Permit to allow this use in
the existing office/warehouse. The permanent building would be
ready for occupancy in early 1988 if the construction process
proceeds as planned.
This facility is designed to accommodate three hundred children at
capacity. However, the intent is not to overcrowd, with a maximum
of twenty-two per class. The first year will limit enrollment to
one hundred fifty students (seventy 3 and 4-year-o.lds and eighty K -
3rd grade). The second year will expand to K -6th grade. The school
will be fully regulated by State educational agencies. The staff
will be certified and eventually consist of a full-time
administrator, a director, eleven teachers, eleven aides for grades
K-6, seven preschool teachers, and specialty teachers on a limited
basis.
The school is primarily for families with above-average income and
for children demonstrating above-average intelligence.
Individuality and the use of progressive learning techniques and
equipment will be stressed. The 170-185 day curriculum will be
reviewed by the State. Year-round school will be provided if
desired. The hours of operation will be 6:00 a.m.-6:00 p.m., much
the same as a day-care facility. Each student will have parental
drop-off and pickup. No bus service is provided. Daily traffic
generation will be greater than an office -type use. The following
is an approximate projection.
336 ADT 20,000 SF office (16.8 trips/1,000 SF)
750 ADT 300 -student private school (2.5 trips/students & staff)
The trash enclosure and rooftop fan units will be incorporated into
the stucco or masonry walls. Metal bands and the roof will accent
the main structure. Colors should be decided prior to final
approval so that the building aesthetically blends in with the rest
of the buildings in the Planned Development.
Access will be provided by a one-way, north to south drop-off area
with twenty-eight staff and visitor parking stalls. The entry drive
provides stacking for ten additional vehicles. This site is
desirable to the applicant since special programs and activities
will need additional parking stalls at night. Because most of the
uses within this Planned Development take place during normal
working hours, there should be the. ample room that the private
school needs at night.
Lot 2 Retail Area This lot with the most frontage along Highway 13
contains the supportive retail use for the entire Planned
Development. 21,825 SF are proposed, providing the day to day
services needed for the 267,000 SF development. This amounts to 8%
of the entire building square footage for the Planned Development.
A 6,200 SF restaurant would be the major anchor for the 3100 SF
building and would be highly visible from Highway 13. A small 2800
SF auto center with four gas pump islands will be located near the
two access points off of Silver Bell Road. Two service bays will be
provided. The circulation system in this area, as well as the
entire project, works well; each portion of the site can be reached
without crossing through another area of unrelated use.
The building itself will be architecturally the same on all four
sides and similar to the large office/showroom buildings. All trash
2
SILVER BELL II
GRADING/DRAINAGE/EROSION CONTROL: The preliminary grading plan
submitted by the developer proposes to install a retaining wall
along the east property line, approximately 3 feet to 12 feet high.
Staff recommends against the use of the retaining wall and
recommends that the developer obtain a slope easement from the
adjacent properties and regrade the area to match the elevations of
the development. The final grading plan should incorporate the
existing contours and the proposed contours for at least 200 feet
adjacent to the proposed site.
The proposed slope along the southerly property line adjacent tc
Trunk Highway 13 exceeds the maximum allowable,3:1 slope criteria.
Staff recommends the development obtain a slope easement from MN Dot
to ensure compliance with the 3:1 maximum allowable slope.
The existing 16" water main which was addressed in the March 18,
1987 staff report that is located approximately 10' south of the
southerly property line does not appear to be impacted by the
proposed grading.
The. developer has petitioned the City to install the street and
storm sewer system on Kennebec Drive from Seneca Road to Silver Bell
Road. The storm sewer system will be designed to handle a portion
of the storm water runoff from this development plus the adjoining
properties to the east and south. The remaining portion of the
runoff is directed towards State Trunk Highway 13 right-of-way.
Storm water runoff into State highway right-of-way requires a permit
from MN Dot.
An erosion control plan with a narrative was submitted by Dallas
Development as a part of their preliminary plat proposal. The
following recommendation should be incorporated into their revised
erosion control plan submittal.
1. Seeding and mulching specifications.
2. Change the inlet design to be silt fence and not hay bales.
3. Show the location of the rock construction access pad at the
major ingress/egress point. Intersection berms will be
sufficient for less active access routes to the site.
4. The silt fence should be trenched in and backfilled. Hay bales
then would not be needed with the silt fence.
UTILITIES: Sanitary sewer of sufficient size, capacity and depth
has been provided along the north and west sides of the development.
The existing 12" RCP sanitary sewer line that flows through the
north edge of the development shall be tested before work has begun
and after the construction is complete. If the existing 12"
sanitary line is damaged, then the developer shall be responsible
for repairing.
will be enclosed in the building and no rooftop mechanical equipment
will be visible. Staff recommends that all building -mounted signage
be controlled by one sign company to create a more uniform sign
band. Two hundred twenty-nine parking stalls have been directly
designated for this portion of the site, meeting Code requirements.
Lot 3 Office/Showroom This lot is designed for a 115,850 SF
office showroom with 17,300 SF for office and 98,470 SF for
showroom -type use. This is a 15/85 ratio. While the existing
building was approved for a 50/50 ratio, the intended use will be
for 20/80 office/showroom use. All parking requirements have been
satisfied with two hundred forty-seven stalls. This building will
be architecturally nearly the same as the existing office/showroom
and treated the same on all exterior sides. Interior shipping and
receiving areas will service the building. The: mechanical rooftop
units will not be visible. 'Service access will be from Kennebec
Drive and auto access is free flowing to any portion of the
building.
COMMENTS
The project will be built basically in a single phase with
completion emphasis on the private shcool. Detailed lighting and
landscape plans will be required with the final plat submission for
overall continuity. A signage package similar to the Auto Mall
along Pilot Knob Road will also be required.
10
3
a
This development shall be responsible for dedicating a minimum 20'
utility easement over any public utilities not installed within
public right-of-way. In areas where the utilities are greater than
20' deep, the easement width shall be increased to a minimum of 301.
The development will be responsible for providing a 30' wide
driveway easement along the lot lines common to Lots 1, 2 and 3 of
Block 2.
No unusual permit requirements are anticipated beyond the normal
MPCA, MWCC, and. Department of Health review for sanitary sewer and
water main extensions. A permit is required from MN Dot to
discharge storm water runoff into State right-of-way.
ASSESSMENTS: The parcel proposed to be developed by Dallas
Development Company as Silver Bell II was previously assessed for
the following improvements.
Project No.
Description
Usage
4
Sanitary Sewer Trunk
76
Water Lateral Benefit
C/I
76
Sanitary Sewer Lateral Benefit
86
Water Area
C/I
94
Silver Bell Road Grading
128
Silver Bell Road Surfacing
274
Silver Bell Road Surfacing
428
Storm Sewer Trunk(A)
C/I
15/179
Water Area
C/I
Waiver
Storm Sewer Trunk(B)
C/I
Sanitary Sewer Lateral Benefit(B)
(A) On Lot 1, Block 1 of Cedar Grove
(B) On Lot 1, Block 1 of Silver Bell I
The proposed development is subject to the pending assessments under
City Project 495 which entails the streets and utility improvements
to the proposed Kennebec Drive.
The development will be subject to the following proposed
assessments as a condition of .final plat approval. ,
Project No. Description Usage Rate Quantity Amount
Storm Sewer Trunk C/I $.079/SF 548,020 SF $43,294
76 Water Lateral Benefit C/I 20.55/FF 549.03 11,283
Total $55,577
All final assessment rates shall be those in effect at the time of
the final plat approval based on final plat area and frontage
calculations.
/W
The existing 16" water main along the southeast edge of the
development and the existing 8" water main at the intersection of
Kennebec Drive and Seneca Road will supply adequate pressure and
supply to the proposed development.
The developer has petitioned the City to install the required trunk
water main on Kennebec Drive from Seneca Road to Silver Bell Road
and a trunk water main along the east right-of-way line of Silver
Bell Road from Kennebec Drive to the existing water main along the
northwest right-of-way line of Trunk Highway 13. The proposed trunk
water main will benefit this development plus the future industrial
developments to the west and east.
The development proposes a 6" water main stub to serve proposed
buildings A, B and C. This proposed 6" water main should be
increased to an 8" and connected to the trunk water main proposed to
be installed in Kennebec Drive.
The development proposes to serve Lots 1, 2 and 3 with sanitary
sewer from the existing 12" sanitary sewer in Kennebec Drive.
STREETS/ACCESS/CIRCULATION: Access to this development is available
from the in-place Silver Bell Road and the proposed Kennebec Drive.
The developer has petitioned the City to construct Kennebec Drive
from Seneca Road to Silver Bell Road. Silver Bell is presently a
44' wide pavement with a 9 ton design street. Kennebec Drive will
be constructed to the same design criteria as Silver Bell Road.
The completion of Kennebec Drive will improve the traffic
circulation for the Cedar Industrial Park. The Silver Bell Road
access to Trunk Highway 13 is the only signalized intersection to
serve the Cedar Industrial Park. There are no traffic signals on
Trunk Highway 13 at Seneca Road, Shawnee Road or Blackhawk Road.
Staff recommends that the connection of Kennebec Drive to Silver
Bell Road shall be at a right angle. Staff also recommends that the
proposed driveway locations along Silver Bell Road will be at the
same location as the driveways on the opposite side of the street.
All entrances to the proposed development shall be 30' wide face to
face of curb.
Internal traffic circulation is provided by the use of 24' wide
driving aisles. All the proposed lots in the development have
access to public right-of-way but shared driveway easements will be
required to promote the adequate traffic circulation throughout the
site.
Adequate turning radius has been provided for a tractor/trailer
combination for proposed building C shipping and receiving yard.
The receiving for proposed building B is not accessible to a
tractor/trailer type unit.
EASEMENT/RIGHT-OF-WAYS/PERMITS: This development shall dedicate a
40' half right-of-way for the construction of Kennebec Drive.
CONDITIONS:
1) All standard platting conditions shall be adhered to.
2) A Planned Development Agreement shall be entered into and the
site plan for three lots shall be followed.
3) This plat shall be subject to the Advisory Parks and Recreation
Commission for the dedication requirements.
4) An overall architectural theme will be adhered to with emphasis
of uniformity in the office/showroom buildings and retail area.
All exterior sides of the buildings will be constructed with
the same material and look the same.
5) All trash shall be enclosed in the buildings.
6) An overall lighting and landscape plan shall be submitted on a
grading plan. No lighting shall spill off-site. The financial
guarantee for the landscaping shall not be released until one
year after the installation date.
7) All Sign Ordinances and fees shall be adhered to. An overall
signage plan shall be submitted with the final plat package.
All building -mounted signage shall be consistant in size.
Conditional Use Permits will be required for signs over 7'
tall.
8) No rooftop mechanical units shall be visible.
9) 9' -wide parking stalls shall be approved.
10) The uses and ratios of use shall be the same as proposed in
this report.
11) Staff recommends against the use of a retaining wall along the
easterly property line. There exists a 12" sanitary sewer line
in the same approximate location as the proposed retaining wall
along the easterly property line of the development.
12) The developer shall be responsible to any damages to the
existing 12" sanitary sewer during development.
13) Staff recommends that the proposed 6" internal water main stub
which serves buildings A and B be replaced with an 8" water
main which would connect the proposed water main in Silver Bell
Road with the proposed water main in Kennebec Drive.
14) All entrances shall be 30' wide face to face at curb and in
alignment with the adjacent property entrances.
15) Thi -s development shall dedicate a 40' half right-of-way for
Kennebec Drive.
16) The development shall be responsible for dedicating the proper
utility easements necessary to serve the site.
17) The development shall also dedicate a 30' wide driveway
easement along the lot lines common to Lots 1, 2 and 3, Block
2.
18) The development shall be responsible for constructing concrete
valley gutters across the entrance locations to this site.
19) The development shall be responsible for obtaining the
appropriate regulatory agency permits required.
20) A revised erosion and sediment control plan shall be submitted
and approved by staff prior to grading permit issuance and
final plat approval.
21)The development shall be responsible for the proposed
assessments based on the rates in effect at the time of the
final plat approval.
/51
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APC Minutes
June 23, 1987
5. A 12 inch watermain and an 8 inch sanitary sewer shall be
included with the improvements to Yankee Doodle Road east of
Minnesota Highway #149.
6. All regulatory agency permits shall be acquired within the
time frame requirements of the affected agencies.
7. An erosion and sediment control plan shall be submitted
before a grading permit is issued or before final plat is -approved.
8. The development shall be responsible for all proposed
assessment obligations based on rates in effect at the time of final
plat approval and on final plat dimensions and areas.
9. All standard platting conditions shall be adhered to on Lot
5, Block 1.
10. The landscape plan shall be submitted on a grading plan.
The financial guarantee shall not be released until one year after
the -installation date.
11. No roof top fan units shall be visible from the residential
property to the north and Yankee Doodle Road on the south.
All voted yes.
SILVER BELL 2ND ADDITION — COMPREHENSIVE GUIDE PLAN AMENDMENT,
REZONING, PRELIMINARY PLAT a CONDITIONAL USE PERMIT
Mr. Hall then convened the last public hearing of the evening in
regard to the separate applications of Dallas Development for the
rezoning of 25.35 Light Industrial acres to a mixed use Planned
Development district that include the existing 8.3 acre parcel, and
a preliminary plat consisting of 3 lots on 17.05 acres, together
with a conditional use permit for motor fuel sales. The site is
located along the west side of Highway #13 and is bisected by Silver
Bell Road. Mr. Runkle indicated that the Land Use Plan designates
the area as Industrial, requiring an amendment to the Comprehensive
Guide Plan. He also advised that the applicant had previously been
before the Planning Commission and had acquired additional land,
allowing revisions to the plat which they wanted to present to the
Advisory Planning Commission.
Mr. Bernie Frey was present on behalf of the developer,
indicating that a private school (Tesseract) of approximately 20,000
-square feet, would comprise one lot with a 30,000 square foot retail
center on the second lot and a 115,000 square foot office showroom
on the third lot. He indicated that service bays would be provided
in conjunction with the gas pumps.
/o/
12
APC Minutes
June 23, 1987
Mr. Frank Martin was present on behalf of Educational
Alternatives, the proposed owner of the school site. Member
Gustafson suggested that 10 foot parking stalls should be provided
in retail areas which would be consistent with the policy described
by City Planner Runkle to allow 9 foot stalls for employees only.
Pursuant to Mr. Voracek's questions, Mr. Colbert advised that
the watermain issue had been resolved. In response to member
Trygg's questions, Mr. Runkle indicated that the major difference in
the proposal was that it now requested a planned development which
would tie down miscellaneous uses. Mr. Runkle advised member McCrea
that an EAW was not required. Member Harrison requested and
received confirmation that the service bays would be owned by the
same owner as the gas pumps.
Harrison moved, McCrea seconded the motion to recommend approval
of the rezoning. All voted in favor.
Harrison moved, McCrea seconded the motion to recommend approval
of •the preliminary plat, subject to the following conditions:
1. All standard platting conditions shall be adhered to.
2. A Planned Development Agreement shall be entered into and
the site plan for three lots shall be followed.
3. This plat shall be subject to the Advisory Parks and
Recreation Commission for the dedication requirements.
4. An overall architectural theme will be adhered to with
emphasis of uniformity in the office/showroom buildings and retail
area. All exterior sides of the buildings will be constructed with
the same material and look the same.
5. All trash shall be enclosed in the buildings.
6. An overall lighting and landscape plan shall be submitted on
a grading plan. No lighting shall spill off-site. The financial
guarantee for the landscaping shall not be released until.one year
after the installation date.
7. All Sign Ordinances and fees shall be adhered to. An
overall signage plan shall be submitted with the final plat package.
All building -mounted signage shall be consistent in size.
Conditional use permits will be required for signs over 7 feet tall.
8. No rooftop mechanical units shall be visible.
9. 10 foot wide parking stalls shall be required in retail
areas, and the school parking requirements shall be reviewed and
approved by City staff.
1�5
"dd
13
APC Minutes
June 23, 1987
10. The uses and ratios of use shall be the same as proposed in
this report.
11. Staff recommends against the use of a retaining wall along
the easterly property line. There exists a 12 inch sanitary sewer
line in the same approximate location as the proposed retaining wall
along the easterly property line of the development.
12. The developer shall be responsible for any damages to the
existing 12 inch sanitary sewer during development.
13. Staff recommends that the proposed 6 inch internal water
main stub which serves buildings A and B be replaced with an 8 inch
water main which would connect the proposed water main in Silver
Bell Road with the proposed water main in Kennebec Drive.
14. All entrances shall be 30 feet wide face to face at curb
and in alignment with the adjacent property entrances.
_.15. This development shall dedicate a 40 foot half right-of-way
for Kennebec Drive.
16. The development shall be responsible for dedicating the
proper utility easements necessary to serve the site.
17. The development shall also dedicate a 30 foot wide driveway
easement along the lot lines common to Lots 1, 2, and 3, Block 2.
18. The development shall be responsible for constructing
concrete valley gutters across the entrance locations to this site.
19. The development shall be responsible for obtaining the
appropriate regulatory agency permits required.
20. A revised erosion and sediment control plan shall be
submitted and approved by staff prior to grading permit issuance and
final plat approval.
21. The development shall be responsible for the proposed
assessments based on the rates in effect at the time of the final
plat approval.
22. The developer shall provide a more perpendicular access
from Kennebec onto Silver Bell Road approved by City staff.
23. The developer shall enter into an agreement running with
the land, providing that motor fuel sales shall be allowed only as
long as the service bays are operational on a regular daily basis.
24. The traffic circulation within the development shall
continue in perpetuity as provided in the Planned Development
Agreement and its exhibits.
/66
14
APC Minutes
June 23, 1987
All voted in favor.
Harrison moved, McCrea seconded the motion to recommend a
conditional use permit for motor fuel sales. All voted yes.
Harrison moved, McCrea seconded the motion to recommend
amendment of the Comprehensive Guide Plan. All voted aye.
MODEL HOMES
It was noted that there were applications from the developers of
Lexington Pointe for six (6), Bridle Ridge for twelve (12), Brittany
10th for one (1), and Country Hollow for six (6) model homes.
Harrison moved, Voracek seconded the motion to recommend approval of
the construction of model homes by the developers in the above-
described additions, subject to the installation and approval of all
utilities. All voted in favor except Hall who abstained, to avoid
any - appearance of potential conflict of interest due to financial
interest in the Bridle Ridge Addition.
LAUKKA-BECK
City Planner Dale'Runkle advised the Commission that a meeting
had been held with all the players in the Laukka-Beck Planned
Development who had agreed to cooperate in a traffic analysis and
continuance of the various applications pending completion of such
analysis.
ADJOURNMENT
Harrison moved, McCrea seconded the motion to adjourn the
meeting at 11:50 p.m. All voted yea. +•
+ DGK
Secretary - APC
/67
15
Agenda Information Memo,
July 7, 1987
REZONING & PRELIMINARY PLATZJEAN ADDITION
J. Rezoning of .84 Acres from A to R-2, and .72 A to R-1 and a
Preliminary Plat Consisting of Two Lots Located South of Rings
Road --A public hearing was held by the APC at their last regular
meeting held on June 23, 1987, to consider an application submitted
by Wayne Murphy requesting a rezoning of .84 Agricultural acres to
an R-2 district and .72 A -containing a single family home into an
R-1 district located south of the Vienna Woods Addition. The 1987
land use map designates this area R-1; an amendment will not be
required since this 1.56 acre plat has the density of 1.92 units per
acre. The APC is recommending approval of both the rezoning and
preliminary plat.
For a copy of the Planning and Engineering report on this item,
refer to pages _through 74.
The Advisory Parks and Recreation Commission is recommending a cash
donation in lieu of parkland dedication.
For a copy of the APC minutes on this item, refer to page(s)1;70/
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
rezoning and A to R-2 and A to R-1, and a preliminary plat entitled
Jean Addition.
CITY OF EAGAN
SUBJECT: REZONING, PRELIMINARY PLAT (JEAN ADDITION)
APPLICANT: WAYNE MURPHY
LOCATION: SE 1/4 SECTION 31
EXISTING ZONING: AG(AGRICULTURAL)
DATE OF PUBLIC HEARING: JUNE 23, 1987
DATE OF REPORT: JUNE 8, 1987
REPORTED BY: PLANNING & ENGINEERING DEPARTMENTS
APPLICATION: An application has been submitted by Wayne Murphy
requesting a rezoning of .84 agricultural acres to an R-2
(double) district and .72 agricultural acres containing a single family
home into an R-1 district located south of the Vienna Woods Addition
and north of Interstate 35E. The January 1987 Land Use map
designates this area R-1 (0-3 units acre); an Amendment will not be
required since this 1.56 acre plat has a density of 1.92 units/acre.
COMMENTS: Lot 6, Block 6 of the Vienna Woods addition to the
north contains a duplex. The land to the south and west is
agriculturally zoned or MN. Dot R.O.W. The existing home is
serviced by City utilities and meets all R-1 standards. The
newly created duplex_ lot meets the R-2 lot requirements of 100'
width at the setback line (30' from the Kings Road property line)
and 15,000 S.F. min. lot size.
GRADING, DRAINAGE, EROSION CONTROL: No proposed grading, drainage,
erosion control plan was submitted with the preliminary plat
proposal. The site does offer a buildable lot without the need for
grading to establish a building pad. The lots are large enough that
no drainage problems should arise from the construction of a single
family unit.
UTILITIES: Sanitary sewer and water service are readily available
in Kings Road. Under City contract, water and sanitary sewer
service stubs were provided for the existing home on proposed Lot 1.
The services provided cross proposed Lot 2. Therefore, a cross
utility easement will be needed.
STREETS, ACCESS, CIRCULATION: Access to the proposed lots is
readily available from Kings Road.
141
RIGHT-OF-WAYS, EASEMENTS, PERMITS: The Vienna Woods plat does not
show that the required right-of-way for Kings Road was obtained from the
proposed site.
A utility easement across proposed Lot 2 will be required for the
services to proposed Lot 1.
No regulatory agency permit requirements are anticipated other than
the City permits for excavation in City right-of-way and utility
hook-ups.
ASSESSMENTS: The proposed parcel was assessed for sanitary sewer
trunk, water area, storm sewer trunk (large lot assessment), and
street (residential equivalent) at the single family rate under
Project #259.
There are no assessments pending and the following assessment is
proposed as a condition of final plat approval:
PROJECT # DESCRIPTION USAGE RATE QUANTITY AMOUNT
259 Storm Sewer Trunk SF .053/SF 41,267 $2,187.00
The final assessment amount will be determined using the rates in
effect at the time of final plat approval and based upon final plat
dimensions and area.
CONDITIONS: (JEAN ADDITION)
1) All standard platting conditions shall be adhered to.
2) The duplex lot shall have separate utility services going into
each unit.
3) The duplex setback along Kings Road shall match that of the one
on Lot 6, Block 6, Vienna Woods addition. ••s
4) This plat shall be subject,to a cash parks dedication fee.
5) Sanitary sewer and water service must be provided to each lot
of the proposed plat. -
6) A utility easement for sanitary sewer and water service to
proposed Lot 1 shall be dedicated across proposed Lot 2.
7) The proposed plat shall dedicate the proper right-of-way for
Kings Road.
8) The development shall be responsible for the additional storm sewer
assessment based on the rates in effect at the time of final plat
approval and on final plat areas.
/11
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DESCRIPTION
That part of the Northeast Quarter (N.E.g) of the Southeast Quarter
of Section 31, Township 27 North, Range 23 West, as shown as Parcel 34 on
the plat as Minnesota Department of Transportation Right of Way Plat No.
19-18 on file and of record in the office of the Registrar of Titles in
anA fuer Dakota County. Minnesota.
iii E7ni ni n
BLOCK 6
N. E.I/4.SE.1/4
Sewer and Water are in Kings Road
Area of Lot 1 - .722 acres
Area of Lot 2 - . 839 acres
Total acres of plat - 1.56
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MINUTES OF A REGULAR MEETING — EAGAN ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
JUNE 23, 1987
A regular meeting of the Eagan Advisory Planning Commission was
held on Tuesday, June 23, 1987 at 7:OO.p.m. at the Eagan. Municipal
Center. Present were Chairman Hall, Members Gustafson, Voracek,
Trygg, Wilkins, McCrea and Harrison. Absent was alternate member
Krisnik. Also present were City Planner Dale Runkle, Public Works
Director Tom Colbert, Assistant City Engineer Mike Foertsch and
Assistant City Attorney David Keller.
AGENDA
Mr. Runkle suggested that the Commission could be updated by
staff on the status of the Cray Addition, Northwest Airlines,
Wachovia, all within the Laukka-Beck PUD. Voracek moved, McCrea
seconded the motion to recommend approval of the agenda with an
addition for an update in regard to the Laukka-Beck Planned
Development. All voted yes.
MINUTES
Mr. Keller advised the Commission that the minutes of the May
26, 1987 meeting incorrectly indicated that the vote in regard to
the Cray Addition on page 15 was unanimous. Harrison moved, Wilkins
seconded the motion to recommend approval of the minutes of May 26,
1987 with the correction that the vote was 5 to 2 in regard to the
Cray Addition, with Harrison and Wilkins voting nay. All voted yes.
JEAN ADDITION REZONING & PRELIMINARY PLAT
Chairman Hall then convened the first public hearing of the
evening in regard to the application of Mr. Wayne Murphy requesting
a rezoning of .84 Agricultural acres to an R-2 (Double) district and
.72 Agricultural acres containing a single family home, into an R-1
district, located south of the Vienna Woods Addition and north of I -
35E. Mr. Runkle introduced the request for the parcel which is
designated R-1 (0-3 units per acre) in the January 1987 Land Use
Map.
Mr. Murphy was present and answered questions. Mr. Dick Kreitz
indicated no opposition to the proposal, although he did question
whether some type of variance was required due to the location
relative to the freeway.
/76
1
_ APC Minutes
June 23, 1987
Mr. Colbert advised that MnDOT had originally acquired the
property, intending to remove the home. However, when the location
of the freeway was finalized, they sold the parcel back to the owner
with the understanding that any proposed buyer of the remaining
vacant land would be aware of the location of the freeway. Pursuant
to member Wilkins questions, Mr. Runkle advised that the proposed
duplex lot could be split for individual ownership. Mr. Murphy
indicated his acceptance of the staff report and conditions upon
inquiry by member McCrea.
McCrea moved, Trygg seconded the motion to recommend approval of
the rezoning of 1.56 acres to .84 acres of R-2 and .72 acres of R-
1. All voted yea.
McCrea moved, Trygg seconded the motion to recommend approval of
the preliminary plat, subject to the following conditions:
1. All standard platting conditions shall be adhered to.
•2. The duplex lot shall have separate utility services going
into each unit.
3. The duplex setback along Kings Road shall match that of the
one on Lot 6, Block 6, Vienna Woods Addition.
4. This plat shall be subject to a cash parks dedication fee.
5. Sanitary sewer and water service must be provided to each
lot of the proposed plat.
6. A utility easement for sanitary sewer and water service to
proposed Lot 1 shall be dedicated across proposed Lot 2.
7. The proposed plat.shall dedicate the proper right-of-way for
Kings Road.
8. The development shall be responsible for the additional
storm sewer assessment based on the rates in effect at the time of
final plat approval and on final plat areas.
It was noted that this item would be heard by the City Council
on July 7, 1987.
All voted in favor.
177
2
Agenda Information Memo,
July 7, 1987
PINE RIDGE ADDITIONZREZONING_&PRELIMINARY PLAT
R. Rezoning of Approximately 2.6 Acres of the Pine Ridge Addition
from A to R-1 and a Preliminary Plat Consisting of 7 Lots --A public
hearing was held by the Advisory Planning Commission at their last
regular meeting held on June 23, 1987, to consider a rezoning and
preliminary plat application for -a development entitled Pine Ridge
Addition consisting of a 2.6 acre rezoning from A to R-1 and a 7 lot
preliminary plat. The APC is recommending approval of both the
rezoning and preliminary plat.
For a copy of the staff report regarding the rezoning and
preliminary plat for Pine Ridge Addition, refer to pages
through .
The Parks and Recreation advisory commission is recommending a cash
donation for this plat in lieu of parkland dedication. For a copy
of the APC action on both the rezoning and preliminary plat, refer
to pages��through_Zq.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
rezoning from A to R-1 and preliminary plat entitled Pine Ridge
Addition.
11
CITY OF EAGAN
SUBJECT: REZONING, PRELIMINARY PLAT,(PINE RIDGE
ADDITION
APPLICANT: WENDELL E. CARLSON
LOCATION: SW 1/4 SECTION 15
EXISTING ZONING: A(AGRICULTURAL)
DATE OF PUBLIC HEARING: JUNE 23, 1987
DATE OF REPORT: JUNE 9, 1987
REPORTED BY: PLANNING & ENGINEERING DEPARTMENTS
APPLICATION: Separate applications have been submitted requesting a
rezoning of 2.6 A(Agricultural) acres to an R-1 (single family)
district and a preliminary plat for the Pine Ridge Addition
consisting of 7 single family lots on the west side of Kolstad Road
and south of Crestridge Lane. This plat is in conformance with the
current Land Use map.
COMMENTS: This site is primarily open grassland with a wooded pine
knoll along the western property line in the north central portion
of the plat. Virtually all of the pines will be saved with this
proposal, however, the developer is proposing to relocate some so
all lots have similar trees and an overall design theme.
The Hidden Oaks Townhomes are to the north, Timbershore Quads are to
the east, a single family residence on agricultural land is to the
south and the 17 single family lot Pinecrest Addition is to the west.
Six lots have access onto Kolstad Lane, 4 having lot lines nearly
matching those of the.Pinecrest Addition. Lot 7 will have access
onto Crestridge Lane. A 30' building set backs will be required
along Crestridge Lane. The lots meet R-1 size and width requirements
and no variances are requested. Lots 1-5 and 7 are 85' wide at the
setback line and corner lot 7 is 130' and 90' wide along the
streets. The square footage ranges from 12,019 - 18,309 S.F. Since
one builder is doing the construction, individual lot grading will
occur for these custom built homesites.
17i
PINE RIDGE ADDITION
GRADING/DRAINAGE: The grading plan for the proposed Pine Ridge
Addition shows a filling of Lot 7. This filling of Lot 7 is
consistent with the proposed filling of Lot 17 of the adjacent Pine
Crest of Eagan Addition. The grading plan for Lots 2-6 shows the
front yard drainage directed to the existing constructed Kolstad
Road with the back yard drainage directed to the common lot lines
and then conveyed along the common lot lines to the street. Staff
advises that the grading for Lot 1 be revised to convey the back
yard drainage to a common side lot line and then to the street
instead of directing the back yard drainage to the southerly
adjacent property.
No additional storm sewer is required to adequately serve the
proposed seven lot Pine Ridge Addition.
No erosion and sediment control plan was submitted with the
preliminary plat. Staff recommends that an erosion and sediment
control plan including both a site plan and narrative be submitted
and approved by staff prior to grading permit issuance or final
plat approval.
UTILITIES: The sanitary sewer and water main of sufficient size,
capacity and depth are readily available in Crestridge Lane and
Kolstad Road. Sanitary sewer and water service has been provided to
Lots 2, 3, 5 and 6. Lots 1 and 4 will receive their sanitary sewer
and water service from the existing utilities in Kolstad Road.
Sanitary sewer and water service to Lot 7 can be provided from
either the existing utilities in Kolstad Road or the existing
utilities in Crestridge Lane. The development proposes to take the
water service for Lot 7 from Crestridge Lane and the sanitary sewer
service from Kolstad Road. Staff advises against two street cuts
where one cut providing both services would be sufficient.
STREETS/ACCESS/CIRCULATION: Access to the proposed seven lot Pine
Ridge Addition is readily available from either Kolsted Road or
Crestridge Lane. The way the lots are set up is that Lot 7 will
take its driveway access from Crestridge Lane and Lots 1 - 6 will
take their driveway access from Kolstad Road.
EASEMENTS/RIGHT-OF-WAYS/PERMITS: No additional right-of-way for
Crestridge Lane or Kolstad Road will be required as a condition of
this development.
No permit requirements are anticipated beyond the normal City of
Eagan permits required for work within the public right-of-way. and
water and sewer hookups.
ASSESSMENTS: The proposed development was previously assessed for
the following items:
IN*
Project No. Description Usage
58 Sanitary Sewer Trunk
58 Water Area Single Family
90 Street Surfacing
77 Storm Sewer Trunk Multi(A)
(A) 75,000 square feet of parcel was assessed storm sewer trunk
under Project 77.
There are no assessments pending on the proposed site and the
following assessment is proposed as a condition of final plat
approval.
Project No. Description Usage Rate Quantity Amount
77 Storm Sewer Trunk Single Family $.0534/SF 122,038 SF $6,468
All final assessment rates shall be those in effect at the time of
the final plat approval based on final plat area.
CONDITIONS: PINE RIDGE ADDITION
1) All standard platting conditions shall be adhered to.
2) 30' building setbacks along Crestridge Lane shall be maintained.
3) This plat shall be subject to a cash Parks dedication fee.
4) The development shall be responsible for providing water and
sanitary sewer service to each individual lot.
5) The grading plan for Lot 1 of the proposed Pine Ridge Addition
shall be modified to direct all back yard and side yard
drainage along the common lot lines and not onto the adjacent
southerly property.
6) An erosion and sediment control plan including both a site map
and a narrative shall be submitted and approved by staff before
a grading permit is issued or the final plat is approved.
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June 18, 1987
TO: EAGAN CITY COUNCIL
Beatta Blomquist
Thomas Egan
Vic Ellison
James Smith
Ted Wachter
FROM: Adeline Grieser - Eagan resident
RE: Rezoning Pine Ridge Addition from Agricultural
to R-1, single family - June 23, 1987
As I will be out of town the evening of this meeting, I hope one
of the council members will read this aloud.
I live directly across the street from this parcel of land. I've
watched for 14 years are the council voted more and more land rezoned
from agricultural to residential. Like a cancerous disease, it has
crept ever closer, squeezing out the wildlife, the birds, the pine
and oak trees, the prairie grasses. Under the guise of progress
and development the very contour of Eagan is being destroyed. IF it
continues, all the hills, and mounds and moraines will disappear,
and a flat, ugly scene will take the place of a once lush and green
river valley.
Have you seen what the "developer" has done to the property just
adjacent to this parcel? Have you watched (as I have) the earth movers
and bull dozers destroy the shape of the land?
Isn't it time to stop?
It is a privilege and honor to hold office and have the power to vote
changes, and make decisions -- but it must be used for the good of
all the people, not only the developers. Each one of you has the
power to say NO! Do you have the guts and gumption to say NO?
I appeal to your sense of fairness and for the right of the wildlife,
the trees and the grasses to survive in Eagan too.
Saying YES to this rezoning makes the Eagan symbol of the Mighty Oak
tree just a joke.
Sin erely,
Mrs. Adeline Grieser
Eagan, MN
(452-5950) work
��7
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APC Minutes
June 23, 1987
PINE RIDGE ADDITION - REZONING & PRELIMINARY PLAT
The second public hearing of the evening was in regard to the
separate applications of Mr. Wendell E. Carlson requesting a
rezoning of 2.6 Agricultural acres to R-1 single family and a
preliminary plat for Pine Ridge Addition, consisting of 7 single
family lots on the west side of Kolstad Road and south of Crestridge
Lane. City Planner Runkle introduced the applications which were in
conformance with the current Land Use Map involvinq. a site of
primarily open grassland with a wooded pine knoll along the western
property line in the north central portion of the plat. It was
noted that the developer intended to save virtually all of the pine
trees and may relocate some. The applicant was available for
questions and there was no one from the public to respond.
In response to a letter from a neighboring land owner, Mr.
Gustafson advised that denying any type of development of the land
was not an option for the City government. Mr. Foertsch advised
member Wilkins that Lot 7 was to be filled, which would be
compatible with the filing of the lot adjacent and north of it.
Wilkins moved, Harrison seconded the motion to recommend
rezoning of the parcel from A (Agricultural) to R-1 (Single Family).
All voted aye.
Wilkins moved, McCrea seconded the motion to recommend approval
of the preliminary plat, subject to the following conditions:
1. All standard platting conditions shall be adhered to.
2. Thirty foot building setbacks.along Crestridge Lane shall be
maintained.
3. This plat shall be subject to a cash parks dedication fee.
4. The development shall be responsible for providing, water and
sanitary sewer service to each individual lot.
5. The grading plan for Lot 1 of the proposed Pine Ridge
Addition shall be modified to direct all back yard and side yard
drainage along the common lot lines and not onto the adjacent
southerly property.
6. An erosion and sediment control plan including both a site
map and a narrative shall be submitted and approved by staff before
a grading permit is issued or the final plat is approved.
7. Lot 7 shall take water and sanitary sewer service from
Crestridge Lane.
8. This development shall
obligations.
assume its additional assessment
/d
3
APC Minutes
June 23, 1987
9. Any relocated pine trees shall be replaced if lost within
one year of moving the same.
It was noted that the developer had agreed to the 9th condition.
All voted in favor. This item is also to be scheduled for the July
7, 1987 council meeting.
MANOR LAKE ADDITION - REZONING & PRELIMINARY PLAT
Chairman Hall then convened the public hearing in regard to the
separate applications of Middlemist Properties requesting the
rezoning of 43.12 Agricultural acres to R-1 single family district
and a preliminary plat for the Manor Lake Addition. This plat
consists of 64 lots abutting Cliff Road on the north and Highway #3
on the east. Dale Runkle described the proposal which is consistent
with the City's January 1987 Land Use Plan and had deleted any
request for Commercial zoning from previous application. He also
indicated that the Park Department would be reviewing this plat on
July 2, 1987.
Mr. Robert Middlemist was present
hold off on the construction of the
park land until sales of the first
construction. He also requested a
conjunction with the building permit
family home on the oversized lot in the
cartway access to Cliff Road.
and expressed the desire to
street south of the proposed
three phases mandated such
temporary septic system in
for construction of a single
northwest with a 16 foot
In response to his concerns in regard to assessments for the
construction of a turn lane on Cliff Road where it accesses Highway
#3, Mr. Colbert advised that only a residential equivalent rate
would apply for assessments.
A homeowner to the north expressed concern as to the values of
the homes which the developer indicated would be $90,000.00 to
$200,000.00.
Mr. Colbert responded that water levels in the pond were
controlled. He also indicated that some trunk water and sewer
assessments may be incurred by property owners to the north, as a
result of construction to facilitate this development.
Mr. Roger Weierke, 630 Cliff Road, expressed concern as to the
ability to obtain access to the 16 foot cartway, in addition to the
installation of water service. Mr. Colbert explained that the
proposed plat included -an exception along the west side between
parcels to the north and south, which were included in the plat. It
appeared that Outlot A was being proposed so that if the exception
was incorporated into the plat, the proper size lots could be
developed. It was also noted that the northwesterly parcel was to
be eventually replatted into three individual single family lots.
/Y/ - o.&- —
4
Agenda Information Memo,
July 7, 1987
VARIANCE%VAN EECKHOUT BUILDING CORPORATION FOR CHATTERTON PONDS
L. Variance for VanEeckhout Building Corporation to Encroach into
Easement at Lot 2, Block 1, Chatterton Ponds --The City has received
a request for a variance from VanEeckhout Building Corporation to
allow the encroachment into an easement at Lot 2, Block 1,
Chatterton Ponds for the construction of a home at that location.
For additional 'information on this item, refer to the Planning
Department Report enclosed on pages - through
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
variance for VanEeckhout Building Corporation as requested.
/�D
CITY OF RAGAN
SUBJECT: VARIANCE
APPLICANT: VAN EECKHOUT BUILDING CORPORATION
(GENE BANGASSER)
LOCATION: LOT 12, BLOCK 1, CHATTERTON PONDS
EXISTING ZONING: R-1 SINGLE FAMILY
DATE OF PUBLIC HEARING: JULY 7,,1987
DATE OF REPORT: JUNE 29, 1987
REPORTED BY: PLANNING DEPARTMENT
APPLICATION: An application has been submitted requesting an 8'
variance that would allow the construction of a deck on the rear
of•a proposed house to protrude 8' into an existing easement.
PLANNER COMMENTS: Van Eeckhout Building Corporation is presently
preparing plans for the construction of a house on Lot 12, Block
1, Chatterton Ponds Addition (1355 Chatterton Road). In amenity
to this house is a deck which if constructed would protrude 8'
into an existing easement. The purpose of this easement is for
ponding, drainage, and includes a sanitary sewer line which runs
approximately 10' from the property line and extends parallel
along the easement through the property. The proposed deck would
come within 2' of the sanitary sewer line.
The applicant argues that this variance and easement encroachment
is necessary to place a sufficiently large and expensive house on
a complimentary lot. The lot is such shape and size that
placement of the house with deck will not meet set back
requirements. 4.
7
11
CONDITIONS:
The property owner will be responsible for all damages incurred
to the property and building given the need to exercise the
drainage, ponding, and utility easement. The property owner
will also be responsible for -damage caused to public facilities
in the placement, maintenance, and/or removal of the deck.
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0100 Humboldt Avenue South
FOLDER 81001nington, Mn. 55431 011-004-1015
/�F3
Agenda Information Memo,
July 7, 1987
REFUNDING REVENUE BONDS FOR YANKEE SQUARE OFFICE III PROJECT
M. Refunding of City of Eagan $1,250,000 Commercial Development
Revenue Bonds of 1982 (Yankee Square Office III Project) --The City
has received a request from the Federal Land Company to authorize
the Refunding of a Commercial Development Revenue Bond Issue that
was approved in 1982 for the Yankee Square Office III Project. The
Refunding would allow bonds to bear a lower interest rate which is
an important economic consideration for Federal Land Company.
In order for the public hearing to be held on the July 21 City
Council date, the Director of Finance/City Clerk has published a
notice in the appropriate newspapers. If the City Council decides
not to allow the Refunding, those notices will be removed and the
applicant will be liable for all costs.
Enclosed on pages through is a copy of a letter from
Briggs and Morgan ou lining the request for the Refunding.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny setting a
public hearing for the July 21 City Council meeting to allow for a
public hearing to consider the Refunding of $1,250,000 of Commercial
Development Revenue Bonds of 1982 for Yankee Square Office III
Project.
/9�
LAW OFFICES
BRIGGS AND MORGAN
PROFESSIONAL ASSOCIATION
2200 FIRST NATIONAL BANK BUILDING
SAINT PAUL, MINNESOTA 55101
TELEPHONE (612) 201-1215
TELECOPIER (612) 222-4071
INCLUDING THE FORMER FIRM OF
LEVITT, PALMER, BO'WEN, ROTMAN & SHARE
June 30, 1987
VIA MESSENGER
City of Eagan
Eagan Municipal Center
3830 Pilot Knob Road
Eagan, Minnesota 55122
Attention: Thomas Hedges
City Administrator
RE: Refunding
Commercial
(Yankee Sq
Dear Mr. Hedges:
of City of Eagan -- $1,250,000
Development Revenue Bonds of 1982
uare Office III Prolect)
In 1982 the City of Eagan issued its $1,250,000 Commercial
Development Revenue Bonds of 1982 (Yankee Square Office III
Project) (the "Bonds") in conjunction with the construction
by Federal Land Company (the "Company") of a two-story commercial
office building on real estate situated within the City. At
the present time none of the Bonds have been retired.
The Company has requested that the Bonds be refunded with
bonds bearing a lower interest rate. You had asked what procedural
steps must be taken by the City to effect a refunding.
The City will be required by federal law to conduct a public
hearing on the refunding proposal on July 21st. The public
hearing must be preceded by published notice which complies
with federal law requirements. We will arrange for publication
in the Minneapolis Tribune of a Notice meeting those requirements.
Additionally to comply with the policies of the City we will
arrange for publication of the Notice on July 9th in the Dakota
County Tribune. If the City decides on July 7th not to proceed
to a public hearing, Notices of Cancellation of the hearing
will be published.
2200 FIRST NATIONAL BANK BUILDING 2400 IDS CENTER
SAINT PAIIL, MINNESOTA 56301 MINNEAPOLIS, MINNESOTA 36402
(012) 291-1215 (612) 339-0661
13RIGGS axn MORGAN
City of Eagan
June 30, 1987
Page Two
If, after the public hearing is conducted on July 21st,
the City determines to issue the refunding Bonds, the City will
be required to execute the Bond documents which accomplish the
refunding.
We will be happy to attend the public hearing to answer
any questions as well to attend the meeting on July 7th when
we understand the matter will be discussed in a preliminary
way.
If in the interim you have any questions, please give me
a call.
Very truly yours,
Michael H. Jeronimus
MHJ:bjm-24
Agenda Information Memo,
July 7, 1987
ADDITIONAL ITEMS
PUBLIC IMPROVEMENT CONTRACTS
A. Public Improvement Contracts:
Item 1. Irrigation System Bids --Park Department Contract to Receive
Bids/Award Contract for irrigation system materials at Northview
Park/Goat Hill Park. Approved as a part of the 1984 park referendum
was an irrigation system for Northview Park. At a recent City
Council meeting there was a _recommendation by the Director of Parks
and Recreation that due to a significant savings incurred by the
City for the construction of Goat Hill Park, it was recommended
that an irrigation system be approved for that park land similar to
the system to be installed at Northview Park. A question was raised
regarding the feasibility of purchasing a portable irrigation system
instead of a permanent irrigation system for Goat Hill Park which
will allow the City to utilize the equipment at other park land such
as Rahn Park. The Director of Parks and Recreation was asked to
address the issue and respond as a part of the consideration for
approving bids for the irrigation equipment. Enclosed on pages
through Le7Cj is a memo entitled irrigation quotes as
pr pared by the Di e -motor of Parks and Recreation.
Bids will be received on Monday, July 6 at 10:00 o'clock a.m. and
tabulation will be provided with the Administrative Agenda on
Monday.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the bid
award for Northview Park/Goat Hill Park irrigation system materials.
/1� 7
P -
MEMO TO: TOM HEDGES, CITY ADMINISTRATOR
+". FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION
DATE: JUNE 22, 1987
BE: IRRIGATION
The City Council and Councilmember Jim Smith had apparently requested a
comparison or evaluation between a portable irrigation system and an
underground irrigation system as is being bid for Goat Hill Park. For
comparison purposes, I will compare the above ground irrigation as could be
provided by "Rain Cannon," a product- manufactured by Larchmount Engineering
and Irrigation Co. of Lexington, Maryland. This is similar to the one that I
had proposed in 1983 for use at Rahn Park.
This particular unit is trailer mounted with flexible hose. Additional hose
lengths would be required, including a backflow preventer and booster pump in
order to maintain the 70 P.S.I.'s required to properly operate this unit.
Consequently, the estimated cost of this Rain Cannon, complete and ready for
use, is between $7,000-$8,000.
Once in place and turned on, the manufacturer claims the system can provide
"one inch of water in three hours of time over an area of approximately one
acre." Unfortunately, this one inch of water is not a uniform one inch.
Because the irrigation head is a rotary unit from a single station, the
uniformity of water on the outer circumference of the watering circle is
correspondingly less than the inner areas of the watering circle.
Consequently, where uniformity of irrigation is essential or a deep soaking is
necessary, this unit has its obvious disadvantages. Its primary design and
intended use is for the establishment of new turf, that is, for areas that
have been recently seeded and require smaller units of watering but require
them more frequently. This was its intended application in 1983 when I
associated it with the development of Rahn Athletic Fields. Other obvious
disadvantages of the Rain Cannon is that it has to be moved, set up, taken
down, connected, etc. to be effective. For short time frames, when
establishing grass it is worth the effort. However, once turf is established,
this is obviously not the method that you wish to use for irrigation. Using
Goat Hill Park as an example, the inground irrigation system will cost an
estimated $10,000 for materials and supplies, plus any installation costs.
Once installed and operational, there will be absolutely minimal staff
operational time to set the irrigation system in operation. As you saw
demonstrated last month, we will be using a computerized irrigation monitor to
essentially turn on and off the system and will not require any manpower other
than the initial computer programming time.
The uniformity of the underground irrigation system is its primary advantage.
Because of the multiple heads and overlapping of circular watering patterns -
in a triangular setting, uniformity of water application ranges between 87-93%
uniformity. This is extremely high. Second, because you have established
turf, you are able to control volume of water application. Third, you can do
an entire ball field in less time. For example, Goat Hill's major league
baseball field would take ten hours to irrigate with the Rain Cannon system.
Obviously, this would not even be a uniform watering application and if we
were to achieve a one inch saturation over the entire park, we have estimated
it would take closer to 14-16 hours of actual operation time. This would not
/W
include any time for connection, set up or relocation of the sprinkler head.
Obviously, with time frames of 10-16 hours, you are extending over two or
three day work period just to properly saturate one field. That is, it would
take us at least three days to properly irrigate one field at one park.
I'm trying not to be totally negative about the Rain Cannon. It certainly has
its place and can be a very useful piece of equipment. The manufacturer
continues to market and sell the unit as an "answer to irrigation", but in my
estimation, its best use is for the establishment of new turf. In already
established or maintained areas, it has very limited applications.
Realistically, if we were to provide overland irrigation with this type of
unit to a park such as Goat Hill, the City would really require two of these
units. Second, relocating them to another park would almost be out of the
question as their total irri^ation capacity would be consumed entirely at this
one location. That is, by the time you have totally irrigated the park with
two units, the area you started with would be ready for irrigation again.
Consequently, the units would have to be rotated from one area of the park to
another area, not really having time to be moved to another park.
There are other systems that are also of an overground nature. This involves
a system of piping and a series of sprinkler heads. This is a system I am
familiar with as I used it in St. Louis Park for a number of years. This type
of overland system is obviously more expensive than the Rain Cannon, but is
much more effective. Again, its disadvantage is that it requires a
significant amount of manpower to uncouple and relocate the pipe and sprinkler
heads. Years ago, this system was actually cost effective even though it was
labor intensive. However, as wage rates have increased and the cost for
underground irrigation have actually "decreased" because of technological
advances in piping and mass marketing, overground irrigation is no longer
effective over a number of years. I do not have any recent information on
this type of unit; I can only speak from experience of several years ago. I
do know that St. Louis Park has since discarded this system in favor of the
underground approach.
If I can provide you with additional information or respond to specific
questions, I would be happy to comply.
KV/js
16
Agenda Information Memo,
July 7, 1987
Item 2. Contract 87-17, Approve Plans/Order Ad for Bids (Blackhawk
Road - Street Reconstruction) --In response to the approved public
hearing held for Project 488 on February 3, 1987, detail plans and
specifications have now been completed and are being presented to
the Council for formal approval and authorization to advertise for
competitive bids. Individual and collective neighborhood meetings
have been held with the affected property owners to review the final
detail plans and the resulting -impacts. The consulting engineer
will be available to discuss the details of this project and review
the plans as necessary.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for
Contract 87-17 (Blackhawk Road - Street Reconstruction) and order
the advertisement for a bid opening to be held at 1:30 p.m. on
August 3, 1987.
Item 3. Contract 87-26, Approve Plans/Order Ad for Bids (Wescott
Road - Surfacing) --As a result of the approved public hearing held
on April 21, 1987, the Council authorized the preparation of detail
plans and specifications for the upgrading and surfacing of Wescott
Road from Lexington Avenue to 1/2 mile east. These plans have now
been completed and are being presented to the Council for
authorization to advertise for competitive bids. Our consulting
engineer will be available to review the details of these plans
as necessary.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for
Contract 87-26 (Wescott Road - Surfacing) and authorize
advertisement for a bid opening to 'be held at 9:30 a.m., Friday,
July 31, 1987.
Item 4. Contract 87-15, Receive Bids/Award Contract (Wescott Road -
Grading and Utilities) --On June 2, the Council approved the plans
for the installation of utilities and related grading for the
improvement of Wescott Road from Lexington Avenue to 1/2 mile east.
Enclosed on page 'f�, - is a tabulation of the bids received at the
formal bid opening held at 10:30 a.m. on Thursday, July 2, 1987.
Our consulting engineer will be evaluating all bids submitted for
accuracy on additions and extensions and will be making a
recommendation for formal consideration at the July 7 meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for
Contract 87-15 (Wescott Road - Grading and Utilities) and award the
contract to the lowest responsible bidder.
WESCOTT ROAD
UTILITY AND STREET IMPROVEMENTS
CITY CONTRACT NO. 87-15
CITY PROJECT NO. 494
EAGAN MINNESOTA
BID TIME: 10:30 A.M., C.D.S.T.
BID DATE: Thurs. July 2 1987
CONTRACTORS
1. Opus Corporation
2. Richard Knutson
3. Northdale Construction
4. Lake Area Utility
5. A. P. Keller
6. F. F. Jedlicki
7. S. M. Hentges
8. Minn -Kota
9. Arcon Construction
10. S. J. Louis Construction
Low Bid
Engineer's Estimate
Feasibility Report (F.R.)
% Over (+) /% Under (-) F.R.
TOTAL BASE BID
$ 454,775.50
$ 479,088.50
$ 481,042.75
$ 503,600.40
$ 529,930.00
$ 570,561.50
$ 576,645.52
$ 591,038.00
$ 598,773.09
$ 609,601.00
$454,775.50
$520,000.00
$509,445.00
-10.73%
E
Agenda Information Memo,
July 7, 1987
Item 5. Contract 87-15, Authorize Easement Acquisition (Parcel
10 -02300 -010 -01) --While the majority of the easements necessary to
form the upgrading of Wescott Road under Contract 87-15 have been
provided through the platting of adjacent properties, the above
referenced parcel is an undeveloped piece of property under the
jurisdiction of the Charles Govern Trust which required separate
easement negotiation for acquisition. Enclosed on page -t-03 is a
letter from the City Attorney's office relating the results of their
negotiations. After review by the Public Works Department, it is
mutually recommended that the Council approve the acquisition of the
required easements for approximately $10,000.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the easement
acquisition for Parcel 10-02300-010-01 under Contract 87-15 in the
amount of $10,000 for 0.775 acres of public street right-of-way for
Project 494 (Wescott Road).
7,
HAUGE, EIDE & KELLER, P.A.
A11orrlrys at oGaw
TOWN CENTRE PROFESSIONAL BLDG., SUITE 200
0q] 1260 YANKEE DOODLE ROAD
EAGAN, MINNESOTA 55123
(612) 456-9000
June 24, 1987
Mr. Thomas Colbert
Eagan Public Works Director
3830 Pilot Knob Road
Eagan, MN 55121
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
DEBRA E. SCHMIDT
RE: Project #494, East Wescott Road - Streets and Utilities
Charles Govern Trust
Parcel No. 10-02300-010-01
Dear Mr. Colbert:
I have been in contact with Mrs. June Hall in regard to the required
easement acquisition for Wescott Road on the above-described parcel.
I have been advised that Mrs. Hall is the trustee of the Charles
Govern Trust which has experienced a significant amount of
litigation by the various beneficiaries of the trust for several
years. For this reason, the trust is under Court supervision, which
has resulted in an appraisal of the property, which is to be sold.
It is my understanding that the appraisal is in the area of
$13,300.00 per acre.
Because the property has been appraised and the trustee does not
have the authority to negotiate a reduced settlement, we are
suggesting that the City offer the trust approximately $10,000.00
for .775 acres of street right-of-way. It is my understanding that
if the City is willing to move the fence, allowing the renter to
continue to graze cattle, that the temporary easement will not have
to be purchased. Please review my calculations in regard to the
acreage and thus the amount to be tendered.
If this is accepted by the City Council, it will be proposed to the
trustee upon the threat of condemnation and with the understanding
that such an -offer is not normally made, but due to these particular
circumstances.
Please set this matter .on for the next earliest City Council
meeting.
Sincerely yours,
HAUGE,! CSR & KELLER, P.A.
12,
D vid G. Keller
DGK: ras ?jd
cc: Thomas Hedges
Agenda Information Memo,
July 7, 1987
Item 6. Contract 87-21, Approve Plans/Order Ad for Bids (Eagan Hill
Farms - Trunk Utilities) --As a result of Council approval at the
public hearing on April 21, detail plans and specifications for that
portion of the trunk utilities to service the overall Eagan Hills
Farms development concept have now been completed and are being
presented to the Council for their review, approval and
authorization to -advertise for competitive bids. Our consulting
engineer will be available to review the design details of these
plans with the Council as necessary.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for
Contract 87-21 (Eagan Hills Farms - Trunk Utilities) and order .the
advertisement for a bid opening to be held at 9:30 a.m., July 31,
1987.
Item 7. Contract 87-22, Approve Plans/Order Ad for Bids (Hills of
Stone Bridge — Trunk Utilities) --As a part of the overall Eagan
Hills Farms development concept (Project 491) the trunk utilities
serving this development have been broken down into three different
areas. The previous agenda item addressed the trunk utilities to
service the overall development concept. These plans provide for
the extension of the trunk utilities to service the Hills of Stone
Bridge Development adjacent to Dodd Road and south of Wescott Road.
These plans have been completed in accordance with the Council
action from the public hearing on April 21, 1987 and are now being
presented for formal approval and authorization to advertise for
competitive bids. Our consulting engineer will be available to
review specific details of these plans as necessary.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for
Contract 87-22 (Hills of Stone Bridge - Trunk Utilities) and
authorize the advertisement for a bid opening to be held at 2:30
p.m. on July 31, 1987.
Item 8. Contact 87-23, Approve Plans/Order Ad for Bids (Bridle
Ridge - Trunk Utilities) --As a continuation of the trunk utilities
within the Eagan Hills Farms overall concept development, this
contract provides for the extension of these .trunks into the
proposed Bridle Ridge Addition located south of Wescott Road along
Elrene Road extended. These plans have been completed in accordance
with the feasibility report approved by Council action on April 21,
1987 and are now being presented for formal Council approval and
authorization to advertise for competitive bids. Our consulting
engineer will be available to discuss design details as necessary
regarding these plans.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for
Contract 87-23 (Bridle Ridge - Trunk Utilities) and authorize the
advertisement for a bid opening to be held at 1:30 p.m. on August 3,
1987.
Agenda Information Memo,
July 7, 1987
REVIEW/APPROVE 1988 BUDGET
GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION
B. Review/Approve 1988 Budget for Gun Club Lake Watershed
Management Organization --In accordance with the Joint Powers
Agreement that created the Gun Club Lake Watershed Management
Organization between the communities of Eagan, Inver Grove Heights
and Mendota Heights, that organization is required to prepare their
annual budget for presentation to the affected communities by July
1, to allow those communities 30 days to submit any objections
before formal adoption by the WMO.
Enclosed on page 01r,, is a copy of the proposed budget for 1988 with
comparison to the 1986 and 1987 budgets. The estimated budget of
$16,050 will be allocated to each community based on their
proportionate share of their: 1. Total assessed valuation, and;
2. land area within the watershed district boundaries. Enclosed on
page shows how the $16,050 are allocated between the two
communit es with Eagan's share resulting in $14,366.30.
When approved, this budget allocation will be included in the
Engineering Division budget for 1988. The Council can either fund
this out of the General Fund budget or through a special levy
limitation as provided by state statute to finance our community's
proportionate share.
The Public Works Director will be available to discuss in further
detail the proposed budget and answer any questions the Council may
have prior to formal approval.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1988 budget for
the Gun Club Lake Watershed Management Organization.
GUN CLUB LAKE WATER MANAGEMENT ORGANIZATION
1988 BUDGET
APPROVED JUNE 1, 1987
CONSULTING ENGINEERING
PLAN PREPARATION
INSURANCE
LEGAL
AUDIT
ADMIN. STAFF SERVICES
PRINTING, SUPPLIES, POSTAGE
CONFERENCES
CONTINGENCY
1986
1987
1988
$ --
$ --
$7,500
25,000
10,000
--
2,500
2,500
3,000
2,000
2,200
1,500
1,000
1,000
500
2,000
1,000
1,000
500
500
500
--
--
550
3.000
1.700
1.500
$36,000
$18,900
$16,050
:.
GUN CLUB LAKE WATER MANAGEMENT ORGANIZATION
6/16/87
1988 BILLING CALCULATIONS
1988 Budget Amount =
Land Area Calculation
in Gun Club
Eagan 89.03% x
Mendota Heights 6.54 x
Inver Grove Heights 4.43 x
ASSESSED VALUATION CALCULATION
$16,050
1L2 Budget
$8,025 = $7,144.65
8,025 = 524.84
8,025 - 355.51
$8,025.00
% Area in Total City o Valuation
Gun Club Valuation(187)-in Gun Club
Eagan 18,915 A x $304.OM = $256.2M
22,440 A
Mendota Heights 1,390 A x $ 98.2M = 21.8M
6,263 A
Inver Gr. Hts. 940 A x $140.OM = 6.7M
19,600 A TOTAL $284.7M
ASSESSED VALUATION
Valuation 1/2 Budget
Eagan 256.2 x $8,025
284.7
Mendota Heights 21.8 x 8,025
284.7
Inver Gr. Hts. 6.7 x 8,025
284.7
TOTAL 1988 BILLS
Area Valuation
Eagan $7,144.65 + $7,221.65
Mendota Heights 524.84 + 614.49
Inver Gr. Hts. 355.51 + 188.86
Zo7
_ $7,221.65
io
= 614.49
188.86
$8,025.00
1988 Bill
$14,366.30
1,139.33
= 544.37
1 � ,...b.;,—
Agenda Information Memo,
July 7, 1987
ACCESSORY HOUSING CLARIFICATION
C. Accessory Housing Clarification --The Planning Department has
received the first Accessory Housing Application and is in need of
an interpretation/clarification of the ordinance.
Attached on '70through -71.-7—is a copy of a memo from the City
Planner and the Accessory Housing Ordinance that was recently
adopted by the City Council.
ACTION TO BE CONSIDERED ON THIS ITEM: To provide clarification for
the implementation of the Accessory Housing Ordinance.
MEMO TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: DALE C RUNKLE, CITY PLANNER
DATE: JULY 1, 1987
SUBJECT: ACCESSORY HOUSING ORDINANCE
The Planning Department has received an application for accessory
housing in accordance to Ordinance No. 43. In review of this
Ordinance, and applying this Ordinance to the housing permit,
there is nothing in the Ordinance that requires the tenant to be
a relative or relation except for the legal definition of family
in the zoning ordinance. Staff would just like to draw this to
your attention prior to reviewing any application with the
Accessory Housing Ordinance. Enclosed is this ordinance for your
review and would like to discuss this issue regarding the
creation of duplex units in the single-family neighborhoods.
City Planner
DCR/mc/kf
C'
ORDINANCE NO. q, 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE,
C-HAPTER 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:
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:
C
-7/d
i. The accessory apartment shall be clearly a subordinate
part of the single-family dwelling and in no case shall it be
more than Forty (a0o) 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
pr ov id ed .
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 mailingaddress.
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 camments will be requested within 10 days, reviewed, and a
V
2
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.
M
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.
Y/V
3
Section 3. Effective Date. This ordinance shall take effect upon its
adoption and publication according to law.
ATTEST:CITY OF EAGAN
r�
CITY COUNCIL
C",Oi 1}Ej�_ By:1`,� 271Q � �Cj`f1QCciS
Its Clerk Its Mayor
Date Ordinance Adopted:'`E`�C.S
Date Ordinance Published in the legal newspaper: +'-�zN 3
7/3